Pampa Daily News from Pampa, Texas on February 4, 1935 · Page 7
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Pampa Daily News from Pampa, Texas · Page 7

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Pampa, Texas
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Monday, February 4, 1935
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Page 7
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MONDAY EVENING, FEBRUARY 4, 1936. PAMPA DAILY NEWS, PAGE SEVEN DEFENSE WITNESSES ARE TANGLED UP BY WILENTZ n the newspapers but couldn't re- merhber when. Be added that he thought he tyid een the picture of the man (alleg- idly Isador Pisch) about a year and i half after the kidnaping. "Don't you know," Wilentz shouted, "that that picture never ap- wared in the newspapers until Sep- ember, 1934. after Hauptmann's ar- est?" "i don't know about that," Sommer replied. Sommer wasn't able to identify picture of a woman presented by Wilentz as that of the woman he allegedly saw with a baby on the •rolley the night of the crime. Reilly rect. H , IPLEMINOTON, N. J., Feb. 4. (£•)— Peter li Sommer, New York City municipal employe and defense surprise witness whose testimony made an "I-wouldn't-say- ycs-and-I-wou!dn't - say - no" refrain before the week-end court adjournment, returned to the witness chair today as Bruno Richard Hauptmann's trial opened its >, sixth week. Court convened nt 10:07 a. in. (E. 8. T.) Prosecutor Anthony M. Hauck Jr., » came into court just before the proceedings began. Justice Trenchard, before the trial proceeded said he "very much regretted" that "movies and talking pictures had b«en taken in de- Jiance of the orders of the court." "It was done," he added, "secretly and by methods that are not commonly understood. "This subject, this matter will bo investigated." "Those contrivances will have to be excluded from the courtroom," he said. The jury was polled, and Sommer, bespectacled and baldish, went back to the witness chair. Q. Now Mr. Sommer as I understand it you saw a small man and a talt man help a- woman with a baby on a trolley car in New York? A. Yes-. Prior to that, Sommer said, he . saw the small man on the ferry boat on which he came over from Weehawken, but hastened to explain the small man Was not the same small man he saw on a trol- * ley on the' Jersey side. Once as the witness faltered over the first small man and the second small man, Wilentz shot at him: "Don't evade the questions." "I'm trying to explain." Wilentz showed Sommer the photograph of Isador Pisch again and the witness reiterated that it "resembled" the "small man" he had seen. The witness looked at another defense photograph which he said also resembled the man. Q. You wouldn't swear, though, that these are the photographs of the man you saw? •<«.. A. I wouldn't swear positively. Sommer admitted that he "made , n mistake" Friday when he testified the man on the Weehawken trolley 'was the same he saw later on the-ferry boat. ' " Professional Witnesses. * Q. You are a professional witness, aren't you? A. I didn't qualify as a professional witness. I only came here to tell of the incidents I saw that night. Q. Did you not testify in court for a price? A. I haven't spoken about a price. Q. Haven't you on occasion testified and when the money was un- 'paid, you stated: the testimony you gave in court was incorrect and improper? A. No, sir. Q, How many cases have you testified in? A. Two, I think. The witness told his questioner of cases in which he testified, including the Hall-Mills murder case. Wilentz brought out that the man was an investigator of an agency l employed by the defense in the Hall-Mills case, but eventually appeared as a state Witness. Wilentz inquired about Sommer's testimony in an accident case in J 1930. Q. Didn't you testify falsely in that case? A. I did not. Q. You testified in that ca'se thab you were at a stand near the scene of the accident? Admits Mistake. Pope's objection to WUentz's questions on Sommer being paid for his testimony and making an affidavit that his evidence was false was sustained by Justice Trenchard. Q. You testified about things you didn't know?, . A. No. I testified I saw certain bottles explode. . Q. But you made a mistake on the date. It was after the accident that you saw the bottles explode. A. That's right, Q. But you testified they exploded at the time? A, Yes, I was mistaken. Wilentz. sought to bring out the witness Msd testified falsely in an accident case, but the defense objected to the method of the questioning designed to discredit the Witness. Trenchard, restricting the ques- tjtons, allowed Wilentz to ask him ' if he had made errors in his testimony in thiat case. The witness said he had. yVllentz brought from Sommei that he was employed in the sup- plifcs division of the New York city administration and then ended Ms questions. Reilly asked questions on Sommer's testimony on the exploding , bottles. * Q. There is not any doubt you were on the ferry boat? A. No. (j. There isn't any doubt you saw v what you told us about? A. Yes. Q, And you reported it to the police the next day? A. Yes; Q; Were you alone? A. No, I had two young men with ine. • Q. And when you notified police J you never expected you would testify in this case, did you? A. No. - Rellly then turned over the wit- 1 i ness, to thie state for re-cross. * WHentz asked the witness if he hft_sl sver seen a picture outside "•"•• of the woman carrying * n , (allegedly Violet Sharps) »' ls4i,W e^ght have then took him for re-di- Reilly excused him after a few jrief questions. Ben Lupica, the young Princeton student who saw an auto with ai adder near the Lindbergh estate at dusk the kidnap day, was then sworn. Went To Princeton C. Lloyd Fisher, of the defense, ,ook the witness for direct exam- nation. Q. Where did you live on March 1. 1932? A. With my parents in Hopewell, N. J., about a mile north of the jindbergh estate. Q. Did you go past the Lindbergh estate to get to your home? A. Yes, I was cqmmuting to Princeton preparatory school in my :ar. Fisher directed Lupica to recount Ms experiences the afternoon of the kidnaping while driving home from school, Lupica told of encountering a man in a car with a ladder in it lear the Lindbergh estate. Q. As you started up the road what happened? A. I noticed a car coming around ,he bend. It pulled across to the wrong side of the road near a cornfield. Q. What happened then? A. He stayed there, and I started go on up the road, and I passed him on the right side. Q. Did yod see anything in the w? A. I saw two sections of a ladder n the car. It was resting on the tops of the front ^and back seats. Q. Will you describe to me the man you saw in the car? A. He had a dark coat. He was about 40 years old and appeared thin. Q. Was he of foreign nationality? A. No, he did not seem to be. Lupica told of'seeing two sections of the ladder later in possession of the police. The witness told of meeting a resident of the area, Nelson Wyckoff, to whom he recounted the incident x of seeing the ladder. At the rime, he said, he did not know the kidnaping had occurred. Car Black or Blue The boy said he went on to school and was summoned to the Lindbergh estate late the same afternoon on March 2, 1932. The police, even then, he went on, prompted by Fisher's questions, did not show him the ladder. Fisher asked that the kidnap ladder be brought iiito court. • • Q. Did you observe the make of the car you saw? A. Yes, a 1929 Dodge. Q. What was the color of the car you saw? A. Black or dark blue. Q. It was green by any chance? A. No, black or dark blue. The student testified that the car carried Mercer county, New Jersey license plates. Such a statement, he added, was made to the police at the time. Lupica testified he ina'de a statement tbjit the car was black or dark blue, a 1929 Dodge sedan. The police, he said, had him pick out a car of similar make. Q. Have you at any time told anyone that you recognized Bruno Richard Hauptmann as the man you saw in that car? A. No. Q. Can you identify Bruno Richard Hauptmann as the man you saw in that car? , A. I cannot. Fisher's last questions brought out that the driver did not resemble Hauptmann and the kidnap ladder was like the one Lupica had seen. Admits Resemblance Lupica was released for cross- examination. Wilentz, with detailed questions, elicited from the witness that he only caught a "fleeting" glance to the ladder. Shown an article In a New York tabloid newspaper bearing his name, Lupica testified he had been paid for' that and another but he did not write them. He asserted they erroneously stated he had identified Hauptmann as'the car driver and he had complained to the city editor. The attorney general then asked the quiet young student if he had not called him to his office after the newspaper article and chided him for allowing the story to appear. Wilentz had the student state that he was told the prosecution would permit him to say no more than what he previously told police—the man in the car resembled Hauptmann. Q. And you said then before the attorney general, prosecutor Hauck and a half dozen others that the man you saw resembled Hauptmann? A. Mr. Hauptmann has a resemblance to the mail Q. You've always said so? A. Yes. Fisher arose and shouted his question: "You say you got a fleeting glance at the driver like the witness Hockmuth ( old man who told a similar story). "We can argue that in summa.- tion." Wilentz interjected, objecting to the question. Q. Can you identify this man (indicating Hauptmann) as the man you saw? Wilentz objected but Justice Trenchard allowed an answer. A". No. I can't. Ifans Kloeppenburg, Hauptmann's close personal prlend, was the nexl defense witness sworn. A tall, lean young man with a faint German accent, Kloeppenburg was the man Hauptmann said made "moo-sic" with him the ransom payment night of April ?. 1932. Reilly took him for the direct examination. jSloeppenburg tPJd of his resi- d-eiWS '& " as a cabinet maker. He said he met Hauptmann, whp lived near him. Alibis For Bruno 3. rfo you , recall being at the Hauptmanii borne the night of April 2. 1932? A. Yes. Q. What day of the week was it? A. It was Saturday night. Q. Do you play a musical instrument? A. Yes, mandolin and guitar. Q. What instrument did Mr. Hftuptmann play? A. Mandolin. Q. Tell the juiy about the night of April 2, 1932? A. I got to Mr. Hauptmann's home about 7 o'clock-, or a quarter of 7. We played some music and ca^ds. Then we had coffee and cake, and between 11 and 12 o'clock he drove he in his car to the White Plains subway station. Q. He was in the hpuse the entire evening up to the time he drove you to the subway station? A. Yes. Q. Who else was there? A. No one except Mrs. Hauptmann. Q. How maify times did you see Fisch at Hauptmann's home? A, I don't know. Twenty times. I first met him in July or August. 1932. Shown photographs, he identified Fisch and Henry Uhlig. a friend and associate in business in the Bronx with' the little furrier. The witness recounted the pleasure trips of the Hauptmann's nnd their friends to Hunter's Island. He told of the recreation and fishing for eels. Fisch Farewell Parly Q. Did all your friends go these trips? A. Yes. Q. It was a custom in Germany? A, Yes. Reilly turned to a farewell party for Fisch. Q. Now on the evening of this party for Fisch. wrjit date was it? A. It was on the Saturday before he sailed. A. It was Wednesday or Thursday the next'week. A. There's no introduction out here. Q. You saw him many times at Cauptmann's home. They were very lose friends? A. Yes, that's right. Kloeppenburg testified that Sauptmann frequently drove him o Hunter's Island. Q. Was he with his wife? A. Sometimes. Q. More often he was alone? A. Sometimes, she was with him. Fisch did not remain overnight with the Hauptmanns the night of he party but left about 1 a. m. The all witness could riot recollect whether he saw Fisch depart. Q. You don't know whether that lackagc—whether • Fisch took that lackage away with him? A. I am sure he didn't. He left it n the kitchen. Reilly then enumerate all son voyage party. Kloeppenburg listed the people present at the Fisch farewell party. leilly assisted him with some last lames with; which he was not fam- liar. Q. Did you see Isador Fisch come n?' A. Yes I saw him at the door at ;he top of the stairs. Q. Did he carry anything with ilm? A. Yes. He carried a package about 5 to 0 inches high, 7 to 8 nches wide and about 14 inches ong. Q. When was the last time you saw Fisch with that package ir .he Hauptmann house? A. They went through the hall ,o the kitchen. Reilly was seeking to impress the jury the package Fisch had when ic talked to Hauptmann was the shoe box filled with ransom money Q. You saw Hauptmann anc Pisch go to some other part of the iiouse? • had Kloeppenbhrg the guests at that A. Yes. Q. When they came back die Fisch have the package with him? A. No. Reilly stopped there releasing Kloeppenburg to cross-examination by Wilentz. Q. Are you the gentleman who tcok the trip to California with the Hauptmanns? A. Yes. Q. And you've been very friendly with the Hauptmanns? A. Yes. Q. You didn't know Hauptmann In Germany, of his.jffe over there? A. No. » ™ The witness the defend win! Tl ;ss tpljf Ifcw MS int In NeVtJEoJ in t] first met irk in the told^of tjRHand I quickly relieve #«f Itching and 'burning, and help nature restore^ skin comfort, freely apply Resinol wine -M\.H O M E Try an apartment hotel next time you come to Southern California — particularly if you are traveling with your family. Hotel room* or apartments with refrigerator equipped kitchenettes at ratet that are in keeping with the times. WINDSOR Apartment Hotel ' In the heart of the smart Wllshlre District of tos Angeles From »2.50 d*Hy • ISO Q. But you did not see him go home? A. No. Q. Then you don't know what he took with him, when he left the party? A. No. , Q. You remember when Mr. Hauptmann was arrested. He was still a good friend of yours? A, Yes. Kloeppenburg could not recall the exact date of the arrest. ' Q. Now when Hauptmann was arrested you and he were close friends? A. Yes. Q. Ancl you knew Dr. Condon had said he paid the $50,000 ransom and Hauptmann was being held as the man who received it? A. Yes. Q. You knew the date that money was paid was April 2. 1932? A. Yes. Testimony Differs "Wilentz then had the witness state when he was questioned by Bronx authorities he knew all these things, and yet did not state he had been with Hauptmann on April 2. The attorney general read one question asked in the Bronx, "Do you remember seeing Hauptmann in March or April?" and the answer. "I can't remember the days, I say in the months I did see him some time." Kloeppenburg acknowledged the answer. Reading from Kloeppenburg's statement to the Bronx police Wil- entz showed that the witness had taid he could not remember pos- itively being at Hauptmann's home April 2. 1&31 Q. Did anybody tell you to come here and remember it? A. Yes. I rem'ehiber it now. Pope and Reifly' both, protested when Wilentz sought to cut the answer short. Kloeppenburg was allowed to recount what recalled the time to him. Q. At the time you were questioned in the Bronx you couldn't remember? A. Yes. Q. Isn't it a fact that Mr. Hauptmann picked out the first Saturday of the month, so he could use you to establish an alibi? Kloeppenburg looked at Wilentz incredulously and tl^n his face broke into a broad smile. He did hot answer when Pope immediately objected. Justice Trenchard sustained the objection. "It's no worse," Will "than your asking she dropped the " the lane." Kloeppenbui'|?>,. said observed, ,ty Oow if b guard on tions illec- efreshed^r' onsti dl?estion, Sleep, Pimply relief with otiRh actl*n?"TB£ Ken Fathcrcc Drug Store and Ittchard Drug- Co. Adv. ietrudry^Penhevls Mbnttt Of Surprise Feature for Tuesday and Wednesday Selling! Limited Quantity. . . .Be here early! Flour Sacks Washed Bleached Mangled EACH Here They Are New Dresses In, Lovely NCAV Fashions J'i&.t Arrived! And Only You'll always find the newest fashions waiting for you, here! . . . Our,style s c o u hand ed likeftfy an4 Miss Hurry down fir>JUto'*elecr from this-^folrgeibus away of new^ring fashions. CLOSE OUT! SURPRISE VALUE! ONLY 2QQ Dress Shirts • Quality Broadcloth! Fast color, Ere-Shrunk. Taken From a. Higher Price Range. While They Last! CLOSE OUT »S Odd sizes, odd lots. But you might be a lucky one and find your size. Only 8 Left- HURRY! 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