The Des Moines Register from Des Moines, Iowa • Page 4

THE DES MOINES REGISTERWEDNESDAY MORNING, JANUARY 9, 1935. PAIR CLAIMS: IT 'It Was Hauptmann, 'You're a Liar' 'JAFSIE' LAUGHS Spectators Were Excited WASHAUPTMANN Witness Places Bruno JOKES IN COURT Apparently Trial Is Near Estate. Amusing to Him. PAGE FOUR 4 if -i FLEMINGTON, N. J.

(fl Two 'men one an elderly Sourland Jafsie- 6 Ainoclited Preit Wlrephoto. Second witness Tuesday to Identify Bruno Hauptmann was the taxlcab driver, Joseph Perrone (above), who said Hauptmann was the man who gave him $1 to deliver a note to John F. (Jafsie) Condon, ransom Intermediary, neighbor of the Lindberghs, the other a Bronx cab driver laid an accusing hand Tuesday on Bruno 'Richard Hauptmann, on trial for the murder of the kidnaped Lind bergh baby. Gingerly, 87-year-old Amandus who lives at the en I trance of the Lindbergh lane, un cxpectedly tapped the stolid car- center's shoulder and identified A Fast Trial FLEMINGTON, N. J.

An official court reporter Tuesday at the Hauptmann trial said the proceedings have averaged 180 words a minute, the fastest record in American criminal court annals. him as the man, in a "dirty green car" containing a ladder, whom he if saw from his porch the day of i the kidnaping Mar. 1, 1932. "You're a Liar." Then Joseph Perrone, the cab driver, slapped the same rigid I shoulder and almost shouted, "That's the man!" who 11 nights later sent him to Dr. John F.

(Jafsie) Condon, elderly kidnap, negotiator, with a note. Hauptmann stiffened. He mut tered, almost Inaudibly: "You're a liar." It was another day of swift sensations in the case by which the state of New Jersey hopes to send Hauptmann to the electric chair. Dr. Condon Enters.

Already the carpenter had been accused by the father of the slain baby himself; already both Charles and Anne Lindbergh and Betty Gow, the baby's nurse, have f. ioia meir stones. I Shortly before the fifth day ot i the trial ended in the tense at- lice and tried to say he had seen Asiocltted Presi Wlrtphotn There waa a stir in the courtroom Tuesday when John (Jafsie) Condon, Lindbergh ransom carrier, entered. He appeared. In a playful mood, chuckled at the testimony, asked where Haupt.

mann was, and aroused curiosity over what he would say today on the witness stand. The Wlrephoto above shows him arriving at tin courthouse with his bodyguard, Al Reich. 1 Aiaoclated Presi Wlrephoto. Twice Tuesday state witnesses laid accusing hands on Bruno Hauptmann's shoulder. Amandus Hochmuth said he saw the defendant near Hopewell; Taxi-driver Joseph Perrone said Hauptmann gave him a note to deliver to John F.

Condon. To Perrone, the carpenter replied "You're a liar," but he soon regained his poker-faced composure. This wirephoto was taken during a recess. if be increased to approximately 169 billions. Emanuel Redfield, counsel for Norman, argued that because pay.

ment in actual gold was impofr sible, since the government hart i seized all stocks of that metal, i uie oongaiion pay me equiva lent was not thereby reduced. IT. 1 .1 1 ne lumeuutu cuugress naa ce constitutional authority to enact legislation which would operate to impair contracts although such legislation is not prohibited by the basic law. i Denies Power. i "Since this is a government of enumerated powers," he said, "and no provision is made where- by congress can impair contract, it follows it has no such pow- er." For the Baltimore Ohio, Fred Wood, as counsel, argued that if the clause were valid, the constitu- tional delegation of power to con- gress to decide what money is flnri what valno It chnnlrl hflvA i munnmp-lejaq First of Five.

The Norman case was the first of a series of five, all dealing with the same question, to be heard in succession by the court and proba- bly settled by a single opinion. Attorney General Cummings sat i perfecting his argument with fountain pen corrections while Redfield and Wood addressed the court. His appearance was entered i in the second case, involving th I Missouri Pacific railroad. Hauptmann Sidelights mosphere of the old Hunterdon county courthouse Dr. Cdndon himself entered.

I Regarded as perhaps the state's chief witness, the aging educator who paid the $50,000 ransom for a dead baby walked Into the court- room and took a seat near Colonel i Lindbergh. His Way Paved. Prosecutors expect that when he testifies, probably today, he will accuse Hauptmann directly as the man who took the ransom from his hands. The way was paved for his testl-t mony late Tuesday by several wlt- Confinuei From Page 1. for his attention waa reveted to a witness on the stand.

"Poor Fellow." Dr. Condon then said: "Look at hla face! It has a prison pallor!" Foley and Breckenridge paid no attention to Dr. Condon'a remark, They paid no attention when he added, just loud enough lor the writer to hear: "Poor fellow." With this the tall, grizzled edu cator folded his arms and watched the witness. When Wilentz called the name of the next witness, Mil ton Gaglio, an acquaintance of many years who was with him on his first trip to the Lindbergh es tate after the kidnaping, Dr. Con don bent over to Reich, who aat two seats away, and whispered: "Al! Al! Gaglio is next!" Shakes With Laughter.

He chuckled. When Gaglio had taken his seat in the witness box, and began his testimony, Dr. Con don beckoned to the witness, tap ping himself on the breast, and shaking with laughter at something not clear to spectators. Neither prosecution nor defense counsel re proved him. Gaglio referred to the fact that Dr.

Condon possesses several di plomas, and Dr. Condon nodded his head approvingly, smiling aa if questions on the subject were a huge joke to him. At Reilla cross-examination of Gaglio he laughed until he shook in his chair. Calls Rosenheim. Wilentz called Max Rosenhaim, Bronx restaurateur-friend of Gaglio and Dr.

Condon whispered to Foley: "He ought to make a good wit ness." Rosenhaim, who seemed to en joy the advertising his restaurant waa getting, did make a good wit ness for the state. Dr. Condon'a last rite of pantomime Tuesday was when Rosenhaim said: "I always address the doctor as doctor. You have to respect old age, you know!" Whispers to Lindy. Dr.

Condon frowned until his forehead waa covered with wrinkles. Then he laughed. It gave the impression he had been just kidding when he frowned. In the anteroom Dr. Condon met Colonel Lindbergh.

They smiled and shook hands. Dr. Condon embraced the boyish figure of the aviator and whispered something in his left ear. "Get 'Em." The words were not distin guished by persons standing near. Then Dr.

Condon whispered some thing else in Colonel Lindbergh's right ear. The last f.wo words were audible: get 'em!" And with a hand shake, they parted. Judging by his appearance Tues day, Dr. Condon will be an interesting witness when he takes the stand. Prosecution and defense are equally confident.

"Send Him to Chair." Wilentz says: "He will send Hauptmann to the Reilly says: "Dr. Condon will be a joke." Doug, Lady Sylvia Go Sleigh Riding ST. MORITZ, SWITZERLAND Douglas Fairbanks and Lady Sylvia Ashley went sleigh riding Tuesday afternoon and devoted much of their effort to avoiding amateur photographers who sought to snap them together. They lunched as guests of Suzanne Lenglen, French tennis star. IF YOU WAIT Gold- Continued From Page 1.

to interfere with execution of con tracts, that it had no power to say what should be the value of a contract signed prior to the passage of legislation affecting It. Devaluation Cited. Behind the case lay these de velopments: In June, 1933, congress adopted a resolution invalidating the "gold clause," contained in almost all contracts, mortgages, bonds and the like, which stipulates payment shall be of a certain sum in that metal or its equivalent. In January, 1934, the amount of gold legally defined as one dollar was reduced, by legislation and executive action, to 59.06 per cent of what it previously had been. Seeks Gold Equivalent.

Tuesday, Norman C. Norman of New York, N. the holder of bond of the Baltimore Ohio railroad containing the "gold clause," asked the court to enforce his contention that a $22 interest coupon must be paid in the gold equivalent of that amount, or $38.10 in the present legal tender currency. Bonds and contracts totaling some 100 billion dollars are estimated to be in existence. Should the court rule in Norman's favor, the obligations under them would NEW YORK, N.

Y. UP) Assist ant Chief Inspector John J. Sulli van said Tuesday night a New York detective would sail from Europe today with a witness con nected with the Lindbergh case. Sullivan declined to name the wit ness, but the Dally News says Henry (Red) Johnson, Norwegian sailor friend of Betty Gow, is sailing on the He de France today to testify for the state of New Jersey. FLEMINGTON, N.

J. A mysterious letter writer offered Mrs. Bruno Richard Hauptmann an alibi for her husband Tuesdayat the price of establishing that husband Bruno was out with another woman the night of the kidnaping. Mrs. Hauptmann turned the letter over to defense counsel and it is being investigated.

The writer, whose signature was difficult to read, asserted he knew the "other woman" of the kidnaping night. FLEMINGTON, N. J. Authorities were investigating Tuesday night the source of a mysterious sign which appeared on a pillar of the Hunterdon county courthouse where Bruno Richard Hauptmann Is being tried for the murder of the Lindbergh baby. The sign said in huge letters: "Justice for Hauptmann!" Wrecks Marriage, Saves Furniture DAVENPORT, IA.

Chris P. Wind of Davenport tried to rescue something from the wreck of his marriage here Tuesday. First he filed suit for divorce. Then he asked an injunction restraining his wife from breaking up the family furniture. "She's already broken up aome of it," he pointed out.

The Injunction was granted. If 311 lander, theater maaager and for mer employer of Hochmuth, described the octogenarian as a man who had to be discharged because of a hallucination. Friedlander said Hochmuth" worked for him as a special guard to see that children did not fall from the bal conies. (Friedlander said: "One day he came dashing down to the lobby. He said someone had been beating him with a club.

1 called the police. We asked him who had been beating him. There he Hochmuth cried, and he pointed at a blank wall. I had to let him go, of course, after he worked for me about two or three It was after the state again had failed to get the ladder ad mltted ss evidence that Perrone, the cab driver, a chunky man with sparse black hair and wearing glasses, took the stand. "Gave Me Envelope.

"In your capacity as a taxi driver did you ever have occasion to visit the home of Dr. John F. Condon?" asked Wilentz. "Yes, sir," the witness replied. Q.

What was the occasion of your visit to the home of Dr. John F. Condon? -A. I had a man give me an envelope to deliver to Dr. Condon.

Q. Who is the man that gave you that envelope? A. Bruno Richard Hauptmann. rerrone'a voice echoed through out the hushed courtroom as he spoke the name. "That'a the Man." Is he in this room? A.

Yes. Then he stepped down, walked directly to the defendant and slapped him on the shoulder. "That's the man," he said, loudly, and Hauptmann's muttered retort followed. Recalled One Other. Rellly then took the witness through a long series of questions about the size of the Bronx and his familiarity with points in that borough, and asked him if he could remember any of the fares he carried on Mar.

12 excepting the young man he had mentioned. Perrone could recall but one other. Then after leading him through a description of the route he took the night of Mar. 12 before he received the note to take to "Jafsie," Rellly asked Terrone about the clothes the man wore, stressing particularly his hat. Asks Hat Description.

It was a felt hat, the driver said. There was a long discussion on the kind of hat, and Rellly produced two brown hats from a pile on a courtroom table and pressed Perrone to describe the hat. Perrone decided finally It had a "bevel edge." He could not remember the man's hands, whether they were bare or gloved, nor could he remember how the envelope was handed to him. "How many times have you gone over this story?" Rellly asked. "What story?" "13 or 20 Times." "The story you are telling on the stand here now." "How many times?" Perrone repeated.

"Have you told this story over and over again 15 to 20 times?" "About that," Perrone said. Wilentz in redirect examination tried to show that Perrone remem only note he had delivered to Dr. Condon. "Never Saw Man Before." During a recess that followed Ferrone's testimony. Hauptmann told newspaper men he had called the cab driver a "liar." "I don't know why he wants to say this against me," he before defense counsel terminated! the brief interview.

"Before I was arrested I never saw the man before. The first' time I saw Fcrrone was down at the Greenwich et. police station. "He came in with a lot of po- NIGHT COUGH Hnd It ulrk Hih fn mllow of TJietiiuand cm mrful lf. Soothn Irritation, drlvM out cold.

H'lirtin 1 minor uonry bck. THDXlME me before As he spoke Hauptmann's wife, Anna, beamed her approval One of his attorneys, Lloyd Fisher, remarked to Hauptmann during a recess after a woman tried to engage Bruno in a talk: "You seem to be quite an attraction. Look at all the beautiful women here to see you. Maybe they want your address." Hauptmann grinned slightly, and replied: "Well, it wouldn't do them any good to have my address." Reich Tells of Ride. Condon's bodyguard, who gave his full name as Alfred Jacob Reich, was the last witness called during the afternoon session.

He described the automobile ride he made with Dr. Condon on the night in March, 1932, when Jafsie first saw the man who said he was the baby's kidnaper. Q. Where did you go with Dr. Condon? A.

We drove up to at that time in the month of March a deserted frankfurter stand about 100 feet I think north of the last station on the Jerome ave. subway. Found Note. He said he stopped his car op posite the stand and Dr. Condon went over and found a note under a stone in front of the stand.

Dr. Condon, Reich said, read the note under a street light, and then directed Reich to proceed to the entrance to Woodlawn cemetery at Two Hundred Thirty-third st. and Jerome where he parked his car. "Dr. Condon got out and stood In the triangle In front of the entrance to Woodlawn cemetery" for about 15 minutes, Reich went on.

"Bit Discouraged." "It was a very cold night, and then he came back to the car. He was a bit discouraged. He says 'I don't Rellly objected. Wilentz rcframed the question. Reich said he saw someone come walking "down south on our side of the street." He told Dr.

Condon and the educator got out and returned to the triangle. The man passed the car walking south. Jumped From Gates. A few minutes later as Reich watched the cemetery gate where Dr. Condon was standing, a man Jumped from the cemetery gates, which he said were about nine feet high, and ran north into Van Cortlandt park.

What then did you see, If anything? A The doctor fol lowed. He said he saw the two men reach a shack with a park bench alongside of It. Tho night was clear, he said. Wilentz showed him a picture of the shack which he identified. "Frit Like a Week." A Did you continue to wait in your car? A Yes, sir.

How long did you wait there? A An hour, about an hour. The night was cold, Reich repeated, and it "felt like a week," as he waited, watching the men on the bench. Finally Dr. Condon came back, and they drove home. James J.

O'Brien, another taxi-cab driver, corroborated part of Perrone's testimony. He said Perrone showed him the note he was to deliver to Dr. Condon as he was en route to the educator's home. To Unrty's Home. Milton Gaglio and Max Rosenheim described how they accompanied Dr.

Condon to the Lindbergh home after he received a communication from the kidnaper, designating him as intermediary in the ransom negotiations. Earlier In the day, State Tollee Captain John J. Lamb and Arthur Kohler, wood technologist of the I'nited States forestry laboratory, MaJison- nis- testified to custody of the l(u1der- "'8y the kidnaping. CorP- Frank A- ute Police Klentifica- Itaiitr! mmt fl ATr Uinik at IHI IIM.INfll A LOW fl Ml fUM.IH rIRM lll DR. P0MER0Y, Dentists si rnm to tii.et a mi mm irnsr 410t Locust inmnco, uiiiuuuiK iun menu ana bodyguard, AI Reich, who drove Dr, Condon to his first rendeavous with the ransom collector In Wood-; lawn cemetery eftrly in March of I 1932.

The defense, led by Edward J. Reilly, objected again to the Intro-ductlon of the so-called "kidnap ladder" as evidence, and once more Supreme Court Justice Thomas W. Trenchard sustained the objection, leaving the ladder merely an ex-i hlbit marked for identification. Hair Rise In Seats. The Identifications of Haupt-'rnann were made in silence un- broken save for the harsh breath- Ing of many of the spectators.

On each occasion, unable to re- strain themselves, they half rose from their seats and pressed for-I ward, straining to catch every word, eyes intent on the witness and on the pale defendant. He sat with his shoulders straight and atlff against the back of his chair. The carpenter moved his head in ghort, negative rolls as Hochmuth wandered to his side and touched him. "Right There." "Right there," the elderly wit-' ncss declared. The accusation by Hochmuth, a shaking little man with pointed white beard, caught the crowd unawares.

The witness, who lives at the Intersection of the lane that runs to the Lindbergh house, and the Mercer county highway, said he was standing on his porch the forenoon ef 1 when a "dirty green car" roared around the corner into the lane and slid to a stop. The driver, whom he identified as Hauptmann, "glared at me as if he saw a ghost," said Hock-muth. Touches Shoulder. He pointed a quivering finger at Hauptmann, Just as all the lights in the courtroom blinked off. Rellly objected to the manner of Identification and Atty.

Gen. David T. Wilentz requested Hochmuth to tlon expert, was on the stand when the court reconvened Tuesday and told of his failure to find fingerprints in the nursery. Lieut. John J.

Sweeney, of the Newark detective bureau, testified he re-enacted the kidnaping at Hopewell, using an extension lad der and climbing into the nursery. Under questioning he said he could come out of the window with a package, cnmD down the lad der and then carry it away in one hand while he bore the package in the other. REILLY WINS DRESS HONOR Defense Counsel Smartest of Trial Principals. FLEMINGTON, N. J.

Sartorial honors of the Hauptmann trial go to Defense Counsel Edward J. Reilly. Mr. Rellly goes in a big way for formal morning coats and striped trousers. His gray spats are spotless, his derby is tipped at a rakish angle and the freshness of his gardenia Is as pristine as the famous flower that decorated the lapel of City Greetcr Grover Whalen during New York's palmy days.

His white knitted muffler, knot ted Ascot fashion, provides an added formal touch to his fault lessly tailored black Chesterfield overcoat. During the second week of the trial, however, Mr. Reilly has sub stituted a perfectly tallo-ed navy blue business suit for his more for mal morning costume. A dark tie carries out the note of dignity. ANNA WON'T DISPLAY BABY Bruno's Wife Refuses Take Child Into Court.

to FLEMINGTON, N. J. (U.P.) Mrs. Anna Hauptmann, wife of the accused Lindbergh baby slayer, will not bring her Infant son into court. "Mr.

Reilly, my husband's lawyer, wants me to bring our baby into the courtroom for maybe a half an hour," she says. "Don't you agree with Mr, Rellly?" she was asked. "I can't bring 'Bubl' (the baby), Into this courtroom," she replied. "Such a place is not good for him There are too many people. I will not bring him to court." All observers and students of psychology agree that the picture of the Hauptmann baby, Mann-frled, In the arms of his mother, perhaps even stretching out his arms to his father, would be in valuable to the defense in persuad ing the jury.

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4-127, Toll your care tailmad ficlt On. Iicfctf (3 be pr mil.) plut farw ef tw otcompoiiiig pautng.rt tottt row oufe br Irtxn I fixed on Hauptmann as Wilentz walked beside him. They squeezed Into the space between the prosecution and the defense tables, and the little man suddenly stopped short in front of the prisoner and touched Hauptmann's shoulder. Saw Ladder. The spectators had risen from their chairs and were staring at the old man and the unmoved prisoner.

Colonel Lindbergh watched. The old man returned to the witness chair and the courtroom relaxed. Then the witness mentioned the ladder he said he saw in the car. but no attempt was made to Identify it as the sectioned "kidnap ladder." laim He Was Deluded. (In dispatches from New York, K.

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