Show UNO HAUPTMANN PT N APPEAL D DENIED t COURT WILL NOT HALT BRUNOS BRUNO'S DEATH FOR QUIZ OF DR CONDOM CONDON Chief Witness Witness' of Hauptmann's Trial Sails Abroad as Court Considers Clemency Plea if i f t tf V f V 1 F FLASH I ASH t Bruno Richard lost l sl his plea for V clemency in iii the Lindbergh baby murder today I Copyright 1936 the Associated Press STATE HOUSE TRENTON N. N J. J Jan 11 Prolonged li-Prolonged Prolonged V consideration by the court of pardons of Bruno Richard Hauptmann's plea for clemency was vas accompanied this afternoon afternoon after after- noon loon by y indications indic that his trip to the he electric chair might V be postponed After nearl nearly four hours hours' of V deliberation V however there was vas no word vord from behind the courts court's closed doors as to what it would do or even what it was vas discussing Opinion that the execution might be he deferred spread aro around nd the capitol capit l after Governor Harold G. G Hoffman who is president of the thc pardons court announced he lie would ask 4 V S 1 ti t tID ID ri f It ft Ni 1 fIt Ia w M f.-f f. l fJ- fJ I i i A t ij i d j-e j f 4 h M V t f t- t k i. 41 v A- A Am m- m 1 v. v fi 1 r m J. J m. m M m i I GOVERNOR HOF HOFFMAN IAN Wants auts to See Sec the attorney general to seek the detention for questioning ot of Jafie ic Dr John F. F Condon Con Con- don who don who sailed suddenly ly on a L South American cruise yes yes- e V t Undisclosed Facts Tho governor said he wanted to question Condon London about certain fea lea features features tures of the case concerning which Condon in a aser series es of magazine artitles artitles artitles ar- ar titles entitled Tells AH An claims to have hitherto undisclosed facts The governor is especially V interested in Condon's views on the question whether Hauptmann had a confederate Condon goes so far as to write that he knew two of those involved in ill the th Lindbergh baby murder said the governor If Dr Condon Candon knows these things I feel the au authorities authorities should have the tion In New York Ralph Hacker Condon's Condon's Con Con- dons don's son-in-law son said tho the schoolteacher school schoolteacher schoolteacher teacher had been willing wiling to be be- questioned at all times Hacker said that so far tar as he knows Governor Governor Gov Coy V Hoffman made no effort to question Dr Condon Should Attorney General V refuse to take steps to have Condon Cond n brought to New Jersey for lor ing some legal authorities were ot of the opinion that there was nothing the governor could do about it was appointed by A. A Harry HarTY Moore Democrat predecessor of oC Governor Hoffman Republican for fora a term of five years ears e expiring in 1939 Only impeachment proceedings proceedIngs proceedings proceed proceed- ings by the legislature could remove re re remove move him bim No step toward Condon's Condon's Condon's Con Con- dons don's detention could te De taken except except ex except ex- ex through gh the attorney ge general eral in the opinion of some authorities ut la 1 May Stay Execution The date of oC Hauptmann's execution execution tion has been set for li next Friday Frida night nigh t but the b boat at on which Dr Condon sailed does doe not dock at Cristobal until that day It would be bo impossible therefore to hear bear Condon's story before the execution date V Under the law v the gove governor nor may stay the execution for not longer than 90 days As the court of pardons eight men including the governor went vent into session at 1037 1031 o'clock this morning they soon found foun that the crowds in the corridors were mak- mak Continued d on on Page o Two Column Five V GOVERNOR ASKS ARREST Continued from Pat PaCI One Ing so much n noise i ige o th that t it Interfered with the hearing The co court rt thereupon thereupon thereupon there there- upon adjourned adjourn d to the chambers of the court of errors and appeals I FI Present Plea Pica C. C Lloyd Loyd Fisher of ot defense counsel coun coun- sel el presented Hauptmann's appeal the Bronx carpenter having withdrawn withdrawn withdrawn with with- drawn several days ago his request for a personal hearing The The state state was not formally opposIng opposing opposing ing the appeal but Attorney General General Gen Gen- eral David T T. who prosecuted prosecuted prosecuted prose prose- Hauptmann at n n. n and Anthony M. M Jr Hunterdon Hunterdon Hunterdon Hunter- Hunter don county prosecutor were present pres pres- ent Hauck said that he had no knowledge of an any new evidence that would warrant any clemency but added If the governor comes to tous tous tous us with satisfactory new evidence we would side with the defense counsel and appeal to the court for clemency One of 0 the appeals for clemency was made by the Rev J. J Matthiesen en Hauptmann's spiritual adviser who expressed belief in the condemned mans man's innocence Spoken i In His IDs Favor vor If Hauptmann wo would d h have ve had hada I a reliable defense lawyer at the start tart the minister s said id and if he would have asked for an interpreter during the trial the very evidence used against him should have spoken en in his favor The famous ladder ladders which was f found md near th the Hopewell home dome of the Charles A. A the night the baby son son was was waz one of the exhibits before the court S So also were the ramom ransom notes which were such factors factors' in Hauptmann's conviction Strengthening the possibility of a reprieve was the governors governor's statement statement state state- ment b before fore the court coort began its deliberations deliberations de de- de- de liberations I fJ do not belIeve belloe Bruno mann wi was th the sole perpetrator r of ot the of ot the Lindbergh baby I do not belIeve the full fun ends of justice will have hae been served nerved with the execution of Haupt In mann all n. n Hauptmann awaiting the action of the court in his death house cell ceU nt at the state prison two miles away was was was' joined by another convicted murderer the Jersey Edward policeman killer I is under sentence to die diethe diethe diethe the week of February 17 Haupt- Haupt still sleeping as the court I met Mrs Anna Hauptmann remained at a hotel in seclusion Fish Fisher r arrived d a f few w minutes minutes' before be be- f fore re the scheduled time hear hear- ing He was carrying two heavy brief cl cases es He probably had the affidavits which he will present in attempting to convince the court there is new evidence In the case A A. few minutes after the court I convened It it called the f following before before be be- fore tore it H Hauck u k Kimberling I Fisher Pope and I Rosecrans Move to Court A little tittle later ater the court moved its Us deliberations to the co court rt of errors errors and appeals In in the new new courthouse building adjoining the state house I Albert Athert B. B H Hermann clerk of the court of pardons said the move was made because of the noise I The first definite information concerning the strategy of the defense defense defense de de- de- de was given by Fisher when he said he be might seek fo convince the court that a g gang ng vas was responsible for the crime Has Hal Affidavit t To bear this out he said he had hadan hadan hadan an affidavit from John Hughes Curtiss Cur- Cur Norfolk Va boat builder convicted convicted convicted con con- at Flem of ot obstructing obstruct obstruct- ing lag justice during the early Investigation investigation investigation of the In this affidavit Fisher said Curtiss set forth that a gang rang of seven with ith whom he had contact contact contact con con- tact committed the crime I 1 dont don't care if he did say Hauptmann Hauptmann Hauptmann Haupt Haupt- mann participated Fisher said He SHe said there was a gang of seven with whom he had contact He never definitely identified Hauptmann Hauptmann Haupt Haupt- mann as John the man who re received received received re- re the ransom money but only said he resembled John so far tar as newspaper photographs disclosed Rift Indicated Fisher announced that Hauptmann's Hauptmann's Haupt Haupt- mann manns mann's s defense would be presented by him that if a second attorney was permitted to plead Pope would get the call caU and if It the court cared to hear another then Rosecrans could speak This announcement and the statement statement state state- ment by Rosecrans that he had not attended any defense conference last Jast night lent strength to the re- re re reported reported ported rift in counsel for the condemned condemned condemned con con- man Would Cooperate Just before court convened Hauck said In the event of satisfactory satisfactory satisfactory satis factory new evidence evidence he and the attorney general Jeneral would cooperate with the defense in securing clemency clemency clemency clem clem- ency for tor Hauptmann Neither nor I have hare heard any of this new evidence said laid If It th the governor had come como to u UH UK with satisfactory evidence evi i dence of ot Hauptmann's Innocence he would aide side with the defense I counsel today and appeal to the I court for clemency As it was the governors governor's only ony communication to and my- my William S. S Conklin press assistant assistant assis assis- tant to the governor announced the court had considered at It its last session sea ses sion slon-a slon a few weeks ago the ago the advisability advisability i of hearing Hauptmann but of hearing Hauptmann but a IL tribunals tribunal's authority for such Unprecedented unprecedented unprecedented un un- action Hauptman Conklin said then withdrew v his request for au such h an appearance self came In the form of ot an order for our appearance today of ot None Personally I 1 know of no new evidence in the case which would warrant changing the trend the case has already taken A letter from Hauptmann's aged mother In Germany in which she ahe 4 asked for clemency for her son and which was received by Hoffman some time ago will be placed place l before the court The governor and Chancellor Luther A. A Campbell Campbe the states state's highest highest highest high high- est judicial officer left the courtroom courtroom court court- room on the fourth floor about 2 o'clock and went to the chancellors chancellor's private office on the floor below They stayed there a few minutes and then returned to the courtroom carrying the transcript of ot the testimony testimony testimony mony of Dr Erasmus Hudson New NewYork NewYork York physician who was a defense fingerprint expert at the Flemington Fleming Fleming- ton trial Many Fingerprints FingerprInt Hudson Hulson testified that through his I shyer nitrate process he had brought out several hundred latent lat 1 at- at ent eat fingerprints on the kidnap lad lad- der He said that none of them were Hauptmann's and that al although although al- al though many could be Identified as those of authorities and others othera who handled bandied the ladder adder after It was found near the Lindbergh house scores were unidentified At the trial no fingerprints connecting connecting connecting con con- Hauptm Hauptmann n with the crime were introduced the prosecution maintaining that he had worn gloves goves so that any prints he might have bave left had faded Nail Holes HolM Hit Hudson also testified that rail 16 16 the ladder upright which the prosecution said came from Hauptmann's Hauptmann's Hauptmann's Haupt Haupt- manns mann's attic flooring was not in the same condition at the time of the trial as it was waa when he ho examined I It soon after the He Insisted Insisted in insisted In- In that i j nail nall holes in the rail raU which the prosecution through testimony testimony testimony tes tes- tes- tes and photographs claimed fitted perle perfectly with the nail holes hoes In the stringers were not in the thebo bo board rd when he first examined it The prosecution countered this testimony with that of ot a government government government govern govern- ment expert who said that the nail nan boles hoes were as they were when the ladder adder was delivered to him a long longtime longtime longtime time before Hauptmann was ar ax- rested This witness said he had noted in writing all of these holes and that the rail ran had not been tAmpered tampered tam tAm- with Hudsons Hudson's testimony has been used hitherto in an effort to upp support rt the charge of framed evidence |