The Mason City Globe-Gazette from Mason City, Iowa on March 26, 1936 · Page 1
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The Mason City Globe-Gazette from Mason City, Iowa · Page 1

Mason City, Iowa
Issue Date:
Thursday, March 26, 1936
Page 1
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^^^ NORTH IOWA'S DAILY PAPER EDITED FOR THE HOME !., · I V! P M l f l L O N E « H I S M E M 6 ; t C P T OF I ",. ' " " vn I ·· ; ·' "THE NEWSPAPER THAT MAKES ALL NORTH 10WANS NEIGHBORS" H O M E E D I T I O N VOL. XLII FIVE CENTS ft COPY ASSOCIATED PRESS 1.EASKD WIRE SERVICE MASON CITY, IOWA, THURSDAY, MARCH 26 1936 THIS PAPER CONSISTS Of TWO SECTIONS SECTION ONE NO. 146 OPENING INSTALLMENT CHAPTER 1 MARGALO'S performance was superb, of course. I had known it would be, for she has a fashion of accepting her roles seriously. Even now, taking- her last curtain call, she still was Maggie Bhand, more than a little embarrassed by the applause. There was a shy half smile on her lips as her fingers touched the gold watch pinned to the bosom of her plain black dress. I sat for a moment or two after* the curtain finally went down, while the audience poured into the aisles. There was no need of hurrying. It would take Margalo at least half an hour to change. She loathed being hurried after a performance. We were doing nothing special except dining. Where I did not know. Margalo would have to decide that. The haunts I once had known, the places I had liked in the old days probably would be gone now. A long time since I had been in New York. A large city changes rapidly, and it had been 10 years . . . Even Margalo was not the same. There was something more settled about her, more mature. A light gone from her eyes. Something more, too, something I couldn't fathom yet, because we had had so short a time together at noon--my luncheon, her breakfast. Ten years since I had seen her. I had expected her to be the same. Queer the trick the years play on us. The way she had looked at me --I knew I had changed, too. "You're getting gray, -Gary," she had said. I was, but I had never had my few white- hairs mentioned so frankly before. Yes, I was getting gray. But 37 is entirely too young an age to begin feeling old. Margalo was 37, too. Probably now she didn't admit to that age, but she was, nevertheless. I knew. Probably her press agent gave out that Miss Younger was not a day over 30. She looked 30, I thought. Easily that. And when a woman looks 30 these days when no woman claims more than 25 hoary years, she is careless. It was unlike Margalo to be careless. Margalo and I were getting toward middle age. I sighed, as I had a right to do, although I know very well there is no such thing as age. Once, long ago, very long ago it seems now, because the span of 15 ·years is not so tenacious in our memories -s older years, she and I had been*.in love. Young. It lasted only a summer, and then we both came to our senses. I say both, but I mean Margalo first. The thought, I remember, that she made the discovery first, rather stung at the time. Later I entirely recovered, so completely that when I think of our realization now, it seems perfectly evident we both decided at once that we were quite the worst kind of fools. I without a sou, just out of college. She just starting on her career. If our love had" been a little stronger, we probably would have braved it, but I think we both were a little frightened. Margalo had a right to be. I was a moony boy, living on dreams, and eating where I might. We agreed alter, when we came to earth and could talk about it sensibly, that what had happened was for the best. Since then we have been friends. Very good, friends. We have written occasional notes, sent occasional presents. Ten years ago when I saw Margalo in Paris after the war, we mentioned not a word of love. Indeed, we both knew very well we didn't love each other. That had gone. It was of the past. We didn't try to resurrect it. Tonight we would talk and plan what we would do in the week I had in the city. Most of the time I knew I would spend with her. Indeed, Margalo's company would be all i would need. The business I had come over for would be quickly transacted. Then I would go back to Paris. it was far from the fame she had. Once I had promised--that wild, glorious summer--to dedicate my first book to her. I had. In the 10 years that followed there had been others, inscribed to various people who meant little or nothing- to me. In those days of my youth, there had been also a passionate promise that I would write a play for Margalo. This, however, had never been fulfilled. My forte was not the theater. "Maughan!" A voice at my elbow startled me from my reverie. I looked up. "Van Every! Been a long time since I saw you." We shook hands cordially. "Last person in the world I thought I'd ever run into in New York," he said with a smile. "Thought you never came back here?" "Business." Then I remembered that only this morning whe"n I had glanced through the papers, I had seen Van Every mentioned somewhat prominently. The Dispatch had had a long story about a famous ruby he had purchased for some fabulous price. Seventy thousand dollars, anr], according to the paper, the highest price ever paid for a single ruby. "Hear you've been doing some high financing in jewels," I jibed. Indeed I had read the story in its entirety because I knew Van Every, and knew his love for gems. "Yes. Come up to my house and I'll show it to you," he invited. He knew, also, my interest in the subject. In Florence, where we had met some years before (he had a villa one winter), I had seen the Khoni- var diamond, one of the finest in the world. Before that jewels had been merely baubles to me, but after seeing that stone I found myself with a tremendous interest in jewels. I always attributed this to Van Every. Not that I bought any. "When?" I asked. "Now, if you like." "I'm sorry, but I'm just going around to the stage door to get Miss Younger--afraid I can't quite make it tonight." "Bring her if you like." Surely Margalo would be interested in seeing the ruby. "I'm putting it in my safety de- VISIT HAUPTMANN'S HOUSE Not Sure Capsules Held Cold Medicine MISS SLAGLE ON STAND IN FLOYD 'S TRIAL A d m i t s Not'Watching Mrs. Johnston All of Time. BEDFORD. JP--Floyd Hotton's attorneys gained from Ruth Slagle, young rural school teacher who lived with Horton's paramour. Mrs. Anna Johnston, an admission Thursday that she was not certain the powder Mrs. Johnston put in capsules she prepared for Horton's wife was cold medicine. Horton, 38 year old farmer is on trial here for the poison capsule murder Feb. 15 of his wife, Elta. 37. Mrs. Johnston, widowed neighbor o£ the Horton's. confessed purchasing the poison which the state contends killed Mrs. Horton, but claimed her lover actually gave it to his wife. Both have admitted numerous illicit relationships. The buxom widow is awaiting posit vault tomorrow. "Then I'll have eh?" to come tonight Already I was homesick adopted home. for my The trip over had been lonely, but I was used to loneliness. Then the city which I had known so well in my youth--I was a stranger now, looking on this city of my birth with almost alien eyes. My business over I would hurry back. Margalo was like an oasis in a desert of lineliness. I had not written that I was coming, so Margalo was surprised this morning. She had a right to be. My last note to her was from India months before. And at that time I had had no more idea of returning . to New York, than of flying across the Atlantic. Sometimes it seemed incomprehensible to me that she, who loved domesticity, had not married. It might be that she had changed more than I bargained. Now and then I had read rumors of her engagement to someone, only later to see these rumors denied. Her name in lights outside. I had smiled when I saw it, flickering on and off on Broadway. Fifteen years ago I had coached her in a small part, her first real part. I could remember her lines still, repeat them letter perfect. The agony of that night was with rne every time I thought of Margalo. She had been so intense about it, so anxious. Her big chance. And so it had proved. From that part she had gone steadily upward, until now these lights of ; hers had joined the great incandescent glow that was Broadway. Margalo famous. I--well, 1 too, ! had had some recognition, although "If you want to see it, Maughan. I suggested he accompany me back stage. He assented, adding that he had enjoyed Margalo's per formance and should like to meet her. Margalo was slipping into a heavy mink coat when we reachec her dressing room. She nodded politely when I introduced Van Every but her face reflected immediate interest when she learned he was the owner .of the Camden ruby, and that she was invited to see it this evening. As she was hungry, we proceeded to go to a small restaurant that was near the theater, the three of us. "You don't mean to say, Mr. Van Every, that you've left your ruby at home--unguarded?" she asked. He laughed, a short quick laugh that was characteristic of him. "My dear Miss Younger--not unguarded. At the present time," he glanced at his wrist watch, "Soon is sitting near my safe, a gun on his knees." I remembered Soon. He was with Van Every in Florence, a silent Chi- ness, ageless, he seemed to me, his face furrowed with a thousand wrinkles, his hair as black as night. I he more I had seen of Soon, the more I appreciated what an admirable servant he was. Where Van Every had picked him up I didn't know. In the villa at Florence, his household consisted of Chinese servants, except for a French governess for his niece. It was strange there to see these yellow people I had commented on it then, but Van Every said they traveled everv- where with him. (TO BE CONTINUED) 2 DIEINCRASH AT MUSCATINE Meet Instant Death When Car Is Hit by Train at Crossing, MUSCATINE, (1P -- Charles D. Wiegand, 36, and a second man tentatively identified as William C. Jones, also of Muscatine, met instant death Thursday morning on a railroad crossing when the car in which they were riding was struck by a westbound Milwaukee freight train. The accident happened at a crossing near dam No. 16, where the two victims were believed headed to report for work. sentence at the conclusion of Horton's trial on a first degree murder charge to which she pleaded guilty. Lawyer Dramatizes Act. Defense Attorney Homer S. Stephens dramatized for the jury the preparation of the capsules,' Miss Slagle playing her own role, Stephens that of Mrs. Johnston. The shy young teacher measured off the approximate length of the buffet at which she said she an Mrs. Johnston stood while the cap sules were prepared. She told th jury that the widow was the firs to suggest that Mrs. Horton shoul take a different cold medicine thai she wag taking and offered to pre pare it. "Didn't you," Stephens asked "have your back turned much of th) time while Mrs. Johnston filled thi capsules?" "Yes," said the teacher, "I wa, turned away from her part of the time. I saw her pour out the medi cine on a piece of paper so she could scoop it up in the capsules." "But you are not absolutely cer tain the powder Mrs. Johnston placed in the capsules was the cole medicine?" said Stephens. "No," replied the witness, thought it was." Earlier in direct examination James R. Locke, special prosecutor brought from Miss Slagle the state, ment that Horton. who a witness yesterday said had admitted unfaithfulness to his wife with other women besides Mrs. Johnston, askec her once for "a date." Asked Her for Pate. "He asked me. 'How about a date for a show?'" she said. "What did you reply?" asked Locke. "I told him absolutely no," said the teacher. Locke offered as an exhibit this morning the envelope in which Miss Slagle said she sealed the capsules after Mrs. Johnston prepared them. He called the jury's attention to two tears, one of which he said was made by Mrs. Horton when she removed the capsules after they were brought to her by her husband. The other was a small tear at the corner under the flap. The state contends a capsule was removed through this corner tear by Horton and the medicine in it substituted with poison. Sister Takes Stand. Claudia Severn, 46, sister of Mrs. Horton, took the stand after the defense finished with Miss Slagle. She testified that her sister was in ;ood health prior to her death. :hough she had a slight cold. Dr. Seth A. Walton, coroner's physician, was the next witness. He =aid he was called to the Horton home by Coroner Floyd Shurn and 'ound Horton. Airs. Johnston and Ruth Slagle there. "I asked Horton what had hap- jened." Dr. Walton said, "and he replied, 'my wife just took sick and died.' "I asked him if she had been sick. At first he said, 'no.' but later said he had been sick 10 days. He said he had suffered no pain in either head or chest." "Don't Just Die." "I told him that 'she must have iad something, that people just lon't die.' "He told me then that his wife iied after taking some medicine I obtained from the neighbors,'" Dr. Walton said he found Mrs. Horton's body with the jaws set, ingers clenched, arms akimbo, feet ·ith toes pointing downward. "Horton asked me what caused her death." the doctor testified, "and I told him we would have to ON THE INSIDE MELVIN W. ELLIS Iowa Banking Neanng Normal, Ellis Reports ON PAGE 3 Davenport Defeated in Basketball Tourney ON PAGE 13 Cerro Gordo's Safety Council Is Organized ON PAGE 15 Iowa State Brands Business on Increase ON PAGE 17 lowan Claims Part of Money Found for Bank ON PAGE 3 TOWNSEND CLUB INQUIRY STARTS AT send his wife's stomach to Iowa City. I was afraid the medicine given her wasn't cold medicine. Agrees to Examination. "At first Hoi-ton said he 'couldn't bear to have her body touched, 1 but later agreed to a post mortem examination when I explained that 'it can't hurt her.' " Horton was showing signs of strain as his trial rounded into its third day. During the long testimony recounting the death scene and the tortures Mrs. Horton suffered from tier poison death in their stormbound home Feb. 15, Horton was visibly hard put to maintain his composure. Tears frequently broke from his 2yes as three of his neighbors re- ated from the witness stand their march through snow drifted fields n sub-zero weather to the Horton :ome, to find the defendant sitting by a window, the body of his dead wife lying'on a cot. Gulps and Sighs. He gulped and sighed alternately, iis fingers nervously twisted a handkerchief, which he frequently put to his mouth. Frank Cubbage, one of Horton's neighbors, testified to a conversa- ion with the defendant in which Norton jokingly remarked about 'having dates" with women other than his wife and Mrs. Johnston. Miss Slagle, self conscious on the itand, spoke so low that District Judge Homer A. Fuller prompted her to "speak up." The witness said that Mrs. John:ton, learning Mrs Horton had a :old, declared, "I'll give her some 3uinine and some capsules to take it n so it won't be bitter" Envelope Was Sealed. Miss Slagle, who boarded and oomed at the Johnston home, said he was present when Mrs. Johnton prepared the capsules the day iefore MBS. Horton's death. "Anna iut the quinine" into capsules from aper torn from the corner of a ewspaper," she said. She said after the capsules were illed, Mrs. Johnston handed them to er ana asked her to put them into n envelope. "I sealed the envelope," he testified. Horton ate dinner at the Johnston ome that day, Miss Slagle said. She eclared the defendant and his paramour were alone in the kitchen /here the capsules were at least hree times, asserting, "I was busy nd didn't watch them." Prompted About Visit. During the afternoon she said ilrs. Johnston prompted her about visit she had planned to neighbors. he quoted the widow as saying, If you're going, you'd better go." Cubbage related Horton's descrip- on of his wife's agonized death. Cubbage testified that Horton "didn't want to call a doctor or the coroner after his wife died." ' House Committee Given Tax Program Framed by Sub-Group. WASHINGTON. (.-P) _ Congress turned the public gaze Thursday upon the inner circle of the Townsend pension movement and details of the new tax plan. Opening hearings in a $30,000 investigation, a special house committee questioned Robert E. Clements, who. has just resigned as co-leader of the Townscndites. He called Dr. F. E. Townscnd "a brilliant physician." As a basis for hearings, to start Monday, on new taxes, the house ways and means committee accepted without change the program shaped by a subcommittee in secret sessions. Would Levy Taxes, It would levy corporation taxes to yield 5591,000,000 a year and recapture AAA taxes which were avoided by some firms; but the new processing- imposts suggested b President Roosevelt were not includ ed. Other developments: President Roosevelt appointed a new committee to study results ani accomplishments of the outlawei national recovery administration. Government revenues for this fi nancial year, which began last: July 1, passed .?3,000,bbl,pOO. -.,, The commerce department sai 1,000 transport pilots had expressei satisfaction with federal aviation supervisory personnel. Issue "Wanted" Notice, The justice department broad cast a "wanted" notice for William Mahan, considered by J. Edgar Hoo the remaining principal of the Weyerhaueser kidnaping. Senator Minton (D-Ind.), a mem ber of the -penate lobby committee accused William Randoph Hearst the publisher, of "prostituting" his newspapers for his own private in terests. Minton made his accusation in a speech on the senate floor as the committee was preparing to file its reply to a suit brought in District of Columbia supreme court by the publisher to prevent use of certain of his telegrams seized by the committee in its investigation into lobbying. Could Not Campaign. Senator Borah decided not to enter the California republican presidential preference primary because it would be impossible for him to campaign in that state. "My friends think I ought not to do so unless I can spend at least a week in California," he told reporters. "In view of the Illinois and Ohio situations--where I have already entered--that would be utterly impossible." A bill to establish a flood rehabilitation administration to make up to $50,000,000 in loans to corporations and individuals was introduced by Senator Davis (R-Pa.). Fewer Anfo Deaths. Fewer automobile fatalities this Defense to File Answer to Quevli Suit in Death of Wife Who Had Trances year than last were reported for 86 leading cities. Clements, resigned co-leader of the $200-a-montl. old age pension movement, was called before a bouse investigating committee headed by Representative Bell (D-Mo.1, who has called the plan "fantastic, impossible and fraudulent." ·Bell, whose committee lias been granted $50.000 to sift the financing and other angles of old age pension movements, promised "startling" revelations. Accounts for All. Clements, who resigned after a split with Dr. Townsend. announced he had collected 5850,000 in his organizing drive and had accounted for "every postage stamp." Rexford G. Tugwell, the resettlement administrator, announced a committee is considering a plan for double benefits for farm families who have been in distress. If the plan is approved, approximately 500,000 of these clients would not only receive rehabilitation loans to make them self supporting but get full subsidies under the new soil conservation plan. Another Washington development a s a prediction by Senator Van- dcnberg (P.-Mich.) t h a t both the big Florida ship canal and the Pas- sarnaquoddy tide-harnessing power project in Maine will be discontin- led permanently. Both were started with relief funds allotted by the Ncls Quevli, Lakefield, Minn., at torney, filed suit late Wednesday in district court here on two counts for an aggregate of $60,000 damages against Josephine C. and Frank P Finn, cousins of his deceased wife alleging that they failed to notify him of the illness or death of his wife, Anna M. Quevli, on March 2 1934. Fitzpatrick and Barlow, local law firm representing the Finns, stated Thursday that a special appearance would be filed for the defendants attacking the original notice served upon them. The notice, according to Dan Fitzpatrick, is not in compliance with Iowa statutes. Meanwhile, Mr. Quevli stated that the case is in process nf settlement and will probably be withdrawn. Ill for 2 Days. Mrs. Quevli became ill on Feb. 28, two days before her death, when the house at 224. West State street, in which she rented a room from Miss Finn, was damaged by fire, Mr. Quevli alleges. Without consulting or informing him, Mr. Quevli charges, his wife's cousins then took her to a hotel, and, following her death, placed her in charge of an undertaker. She was past her seventy-third birthday when she died. In his petition Mr. Quevli further alleges that both he and his wife were subject to fainting spells and "suspended animation," and that they had fully agreed "that each should protect the other from the attacks of the undertaker," in case of death or apparent death. "Encouraging Words-" It was further agreed upon by Mr. Quevli and his wife, the petition states, that, in or apparent death, case of death "the survivor should not permit any undertaker to touch the apparently dead body for three days, during which time such apparently dead body should be watched over by the survivor and be kept at the house, either at Lakefield or Mason City, very comfortably dressed with the temperature at 85 degrees, and the survivor should now and then speak some sympathetic words of encouragement to the apparently departed, as if still alive." The Finns, Mr. Quevli alleges, had specifically agreed to report by telegram or telephone to him at Lakefield in case of any injury or illness of his wife that might happen during his absence. Fail to Notify Him. They failed to notify him at the :ime of his wife's injury incurred in the fire, the petitioner states, and did not send any message to him un:il several hours after her death. At that time he received a telegram stating. "Anna passed away 7:30, overcome by gas," signed by Miss 7"inn. Mr. Quevli replied by wire, "Do not allow undertaker to touch Anna intil I see her tonight or in morn- ng." he asserts, and tried unsuccessfully for more than an hour to get in touch with Miss Finn by telo- jhone to prevent delivery of his vife's body to an undertaker who vould "destroy the life that was in charge, of and maintaining her body." Driving to Mason City as soon as possible after receiving notice of his wife's death, Mr. Quevli, "to'his great surprise, extreme grief, sorrow and disappointment, found his home damaged by fire and his wife laid away and embalmed by an undertaker." Used Poison Liquid, He further charged that the defendants, upon his wife's death, had immediately "handed her body over to a stranger known as an undertaker who removed from her body every drop of blood and replaced it with an extremely poisonous liquid known as embalming fluid." Mr. Quevli identified himself his petition as "a. registered pharmacist who has made a special study of life and biology in the last 50 years as his hobby, "Cell Intelligence, the Cause of Evolution" and "Enzyme Intelligence; Whence and Whither" being the chief books which he has written on these subjects. Both these books were dedicated to his wife, he stated. FARMER FORCED TO CASH CHECK Hands $600 to 2 Bandits Under Threat of Harm to Family. SHBNANDOAH, UP)--Two gunmen Thursday forced M. C. Wood- fil, Strahan fanner, to cash a $600 check under a threat of "never seeing your wife and children again," and hand them the money. While Woodfil cashed the check n the Security Trust and Savings nank the men stood outside the lob- jy with guns leveled at him, he told police. Woodfil said ne was approached at his farm yesterday about "board- no; polo ponies," and a tentative date was made to complete the deal here today. He met two of the supposed polo players on the street. They took him o a hotel to see a third man, described as the owner of the ponies. Woodfil said he refused to join a ard game and that two of the men marched him at the point of concealed guns through a crowded street to the bank. He said he walked back to the hotel with the bandits, who divided the money, warned him to keep quiet, and fled. Woodfil is an uncle of Mrs. Otha Wearin, wife of Congressman Wearin of Hastings, Iowa. HOFFMAN, AIDES VIEW NAILHOLES IN ATTIC JOISTS Check Evidence Linking Bruno to Lindbergh Kidnap Ladder. (Opyrielit. HIM, by The Asvidntctl Press.) NEW YORK, (.-?)--Gov. Harold G. Hoffman spent almost five hours in Bruno Richard Hauptmann's Bronx home Thursday, checking evidence connecting- the convicted Lindbergh kidnap killer with the kidnap ladder. The examination was not conclusive, the governor said. "We have been looking at the wood and no conclusion can be drawn until we make further tests," he declared as he left the house, The governor with his aides, and Attorney General David T- Wilentz and prosecution officials had been, busy in the Hauptmann house from 9 a. m., until 1:40 p. m. Check on Nailholcs. The primary reason for the governor's visit to the two family house in the Bronx was to check on the prosecution testimony at the Hauptmann trial that four nailholcs found in rail 16 of the kidnap ladder fitted exactly with nailholcs in the Hauptmann attic joists where the state claims that rail originally was nailed down. The governor was represented as desirous of having this evidence carefully checked so that the court of pardons could have a report of his examination when it considers Hauptmann's second appeal for clemency in the next few days. Hauptmann had been sentenced to die in the electric chair Tuesday night. Has Little to Say. Attorney General Wilentz had little to say on the examinations made in the house. _ "The prosecution staff," said he telt they had no part in today's investigation, u --- · - - ' - had a fear because of the improper questioning of at least one of the state police - - - o r agency without a u t h o r i t y and unknown to us" Arthur Koehler, federal wood technologist, testified at the trial that the ladder rail had been cut from the floor board, part of which remained in the attic at the time of Hauptmann's arrest. The grain of the rail matched that floorboard he swore, and the ladder rail nailholes fitted nailholes in the joists. Fisher's Car Outside. William Lagay, the TA^Weather FORECAST IOWA: Snow in northwest, portion and showers in northeast and extreme east portions Thursday night; colder in west and south portions Thursday night; Friday fair and colder in cast and south central portions. MINNESOTA: Cloudy, snow or rnin in south portion Thursday night and snow in north Thursday night and probably Friday inorn- iti£; somewhat warmer in north- cast portion Thursday night. IN MASON CITY Globe-Gazette weather figures for 4 hour period ending at 8 o'clock 'hursday morning: Maximum Wednesday 44, Minimum in Night 29 At 8 A. M. Thursday 35 Snowfall Trace Precipitation .03 of an Inch Those who make the mistake of xpecting good from March were isappointed when they arose Thursay morning to a snowy landscape, 'ailing through dust laden air the ndividuai snow flakes had a brownish cast to them when they hit the earth. president. The sonate balked recont- ly at granting more funds to continue the Florida program. Japanese Threaten to Intervene and Crush 'Red' Army in China PEIPING, JP)--A sudden unexpected appearance of the vanguard of the communist army, campaigning in China, at the frontier of inner Mongolia evoked sharp words of warning from Japanese militarists Thursday of possible intervention. Major Takeo Imai. Japanese military attache in Peiping. announced, "the Japanese army will take the most effective steps necessary to deal with the situation if the communists menace the pt-ace of Hopei and Chahar province3." Nothing Noteworthy on Southern Front ROME. (.T)--Marshal Pietro Badoglio, ^commander of the Italian "orces in Ethiopia, reported Thursday that the Italian armies in the north were conducting intense aviation activities but that there was TOthing noteworthy happening on the southern front. READ STORY ABOUT MASON CITY'S GAME The story of Mason City's first game tit the state high sehoocl basketball tournament at DCS Moines, w i t h complete boxscore, will be. carried in the North Iowa edition of the Globe-Gazette, for sale on the str.-rts shortly after fi:SO o'clock Thursday evening. u - governor's secretary, a n d . Lieut. Arthur Kca- ten of the New Jersey state police were in the house with the governor. The car of Lloyd Fisher, chief defense counsel, was parked near the two family house where Hauptmann lived at the time of his arrest in September, 1934. Meanwhile a close personal friend ol Dr. John F. Condon, the "Jafsie" of the ransom negotiations, expressed surprise at Governor Hoffman's refusal to accept the conditions which Condon outlined"for the interview with him the governor has been seeking. Nails Fit Perfectly. Koehler, testifying regarding the nailholes-in rail 16. said at the Hauptmann trial, "those nails fit perfectly. Now that indicated without any doubt in my opinion that the rail had at one time been nailed down there on those joists. There are four nailholes a certain distance apart and a certain direction from each other and in my opinion it wouldn't be possible that there would have been another somewhere with cut nailholes in it. spaced exactly like those nailholes are in the joists, the same distance, the same direction from each other." The nails, he said, fitted "not only as to direction and spacing, but slant." The distance between the nailholes was irregular, he pointed out. HOFFMAN XOT TO ACT ALONE TO SAVE HAUPTMANN TRENTON, N. J.. .n_ G ov. Harold G. Hoffman said late Wednesday he will not act alone to save Bruno Richard Hauptmann from the electric chair a second time. While no gubernatorial reprieve will be forthcoming-, he said, "a situation may arise" which would warrant some action by the court. The governor made his statement about two hours after Hauptmann's lawyer, C. Lloyd Fisher, filed with the court of pardons clerk a secono: j appeal for mercy. The court reject- j cd-the first appeal on Jan. 11. I Hoffman, at the same time, said he would not see Dr. John F. (Jaf- sie) Condon, ransom intermediary in | the Lindbergh case, in his Bronx ; home and would not agree to Dr. Condon's suggestion that questions be put to him in writing. Doesn't Want Chat. "Anyone." the governor said, ' might answer the questions if put

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