Present:

Hon. Thomas W. Trenchard

Appearances:

Mr. Wilentz,
Mr. Lanigan,
Mr. Hauck,
Mr. Peacock,
Mr. Large,
For the State

Mr. Reilly,
Mr. Fisher,
Mr. Pope,
Mr. Rosecrans,
For the Defendant.

The Court:  Is the Defendant in court?

Mr. Reilly:  Not yet, your Honor.

The Court:  Let the Sheriff bring him in.  The Clerk may poll the jury.

(The jury is polled and all jurors answer present.)

(The Defendant is brought in.)

The Court:  I very much regret that I have to speak of a matter this morning which relates to the matter of taking photographs here while the Court is in session.  I thought that that was perfectly understood between the Court and photographers and everybody else, that no photographs were to be taken here while the Court is in session.  Apparently it was not understood, or, if understood, the order was disobeyed.  I say apparently, because some things have been brought to my attention which lead me to think that there were some photographs taken here yesterday while the Court was in session.
     Now, that must not occur again.  If it does occur again, the Court will be obliged to take such measures as the Court deems expedient in the matter.  I hope I will not have to refer to that subject matter again.

Mr. Walter Mullins:  May it please your Honor, I represent five newsreels, and the idea is this: that there has absolutely been no photographs taken during the trial --

The Court:  By you.

Mr. Mullins:  By any of the companies.

Mr. Wilentz:  Just a minute, if your Honor please.  May I just suggest that if the gentleman has anything to say to the Court, he might say it to the Court in Chambers.

The Court:  Yes, it would be better: The statement made by the Court is a perfectly simple statement and ought to convey all the information that any interested party desires and, for the moment, I do not feel like listening to any explanation.  You may be seated.

The Court:  If counsel are ready they may proceed.  Colonel Lindbergh will take the stand.


[Testimony of] Charles A. Lindbergh, resumed.

Direct examination by Mr. Wilentz: (continued)

Q  Now, Colonel, you were telling us about the second note that you received; and getting away from that for the moment and returning to the home again, you said you went into the room, I think on two occasions, after which or between which you went out with your rifle.  Now, will you tell us about the condition of the room with reference to whether or not there were any footprints of any kind at all in the room.
A  There were some prints on the suit case or on top of the suit case which was under the window on the southeast side of the nursery.  There was also at least one print on the floor beneath that window and inside of the suit case which was on a small chest and there was also, according to my best recollection, a print on the window sill itself.
Q  What do you mean by a print, Colonel?
A  A deposit of yellow clay, I will call it.
Q  Sort of a mud?
A  Well, mud carries more of the distinction of blackness, to me; it was a yellowish red clay such as outside the house beneath that window.
Q  I see.
A  The length and approximately the breadth of a man's foot.  The prints were not as distinct as to be able to see the complete outline of a foot, but they were very definitely made by a man's foot.
Q  So that, as I understand it then, there were these -- we will call them prints from the window sill in the direction of the crib, towards the crib?
A  There was at least one between the window sill, at least one between the chest below the window sill and the crib, in addition to the others.
Q  When you talk about the chest, I show you Exhibit S-11 and ask you whether or not the chest which appears on that exhibit right immediately adjoining the window is the chest that you refer to?
A  It is.
Q  Now as I recall it, Colonel, you stated, too, that some time during the evening through the flashlight of one of the Hopewell officers used, you could see the ladder used in the distance?
A  Yes.
Q  Eventually that ladder was brought into your home, was it not, that evening?
A  Yes, it was.  Whether it was before midnight on that evening or not I am not sure, but during that night it was brought in.
Q  And will you tell us whether or not that ladder was strange to your premises or whether it was a ladder that had been there before.
A  It was a ladder I had never seen before.
Q  It was not a part of your household or estate?
A  It was not.
Q  Was there also a chisel near the ladder?
A  That was reported to me.
Q  Was there a chisel brought into the house?
A  There was.
Q  Did you see that chisel?
A  I did.
Q  Was that chisel a part of the household effects?
A  No, it was not.
Q  Strange to the house?
A  Yes.
Q  In addition to the ladder, was there also a dowel pin there?
A  There was a dowel pin.  I don't recall seeing the dowel pin at the time I looked at the ladder.
Q  Did you see it eventually that evening or early the next morning in your home?
A  Yes.
Q  And was that dowel pin a part of the household effects prior to this night?
A  It was not.
Q  Strange to you, was it?
A  Yes.
Q  Then getting back to the notes: after you had received your second note, Colonel, did you directly by mail receive any further notes?
A  Not directly.
Q  I show you these papers and ask you whether you did receive them in some other way.
A  This is the envelope and the notes which I received next through Colonel Breckenridge.  They were sent to Colonel Beckenridge's Office in New York.

(Envelope was marked State Exhibit S-21 and received in evidence.  The note was received in evidence and marked State Exhibit S-22; the other one was received in evidence and marked State Exhibit S-23.)

Mr. Wilentz:  Are they marked, Mr. Stenographer?

The Stenographer:  Yes, sir.

Q  Following that, did you receive a telephone call from a gentleman by the name of Dr. Condon?
A  Yes,- I did not receive the call myself.
Q  Well, eventually, did you meet Dr. Condon?
A  Yes.
Q  At your home?
A  Yes.
Q  Do you happen to recall the date?
A  I believe it was on the evening of March 9th or the early morning, that is after midnight, the early morning of March 10th, to the best of my recollection at this time.
Q  And through him did you receive these notes that night or the night that you refer to as being the first night that you met him (showing two papers to the witness)?
A  Yes.  Dr. Condon brought these notes to our home at Hopewell that evening.  This coloring has been put on.
Q  The coloring on the envelope has been put on -
A  Since.
Q  Since that time.

[Items are entered and marked in evidence as State's Exhibits S-24, S-25 and S-26.]

Q  And after you saw these notes, just marked for identification, which includes the envelope, having seen them, did you authorize Dr. Condon to continue such negotiations as he was making?
A  Yes, I did.
Q  And following that was there exhibited to you by Dr. Condon or somebody for him this note (showing a paper to the witness)?'
A  Yes.

[Note entered as State's Exhibit S-27.]

Q  Following that was this paper exhibited to you?
A  You mean next in sequence?
Q  Well, at any time during the negotiations was it?
A  It was.

[This note is marked S-28]

Q  Also, Colonel, was this paper exhibited to you sometime during the negotiations?
A  Yes, it was.

[This note is marked S-29]

Q  Colonel, I show you an envelope -- which I will ask the stenographer first please to mark, so that we may refer to it.

[Envelope marked as S-30]

Q  I will ask you where it was that you were when you first saw this, referring to S-30 for identification.
A  This is part of a piece of wrapping paper.  I was in Dr. Condon's residence.
Q  When it was delivered?
A  No, when I first saw this.
Q  Do you recall by whom it was presented to you?
A  It was a part of a package, part of the wrapping of a package which Dr. Condon told me he had and which -- well, shall I describe it?
Q  What was in the package when you got it?
A  It contained the baby's sleeping suit.
Q  The sleeping suit which was exhibited in court yesterday, Colonel?
A  I believe so.
Q  Exhibit S-15?
A  May I see it?
Q  (Exhibit handed to witness.)
A  Yes.
Q  And together with that exhibit and envelope was there also a note exhibited with it?
A  There was.
Q  Will you take a look please, and see if this is the note.
A  Yes, this was the note.
Q  And this note that you refer to as being with Exhibit S-30 and with the sleeping suit coming together is Exhibit S-31.
I also show you another envelope addressed to Mr. John Condon, dated March 19th and a note with it and ask whether or not that was eventually presented to you?
A  Yes.  This was one of the notes.

[Marked S-32.  The envelope was marked S-33.]

Q  Then again was there this note presented to you in the course of the negotiations?
A  Yes.

[Additional notes and envelopes are entered in evidence and marked, S-34, S-35, S-36, S-38]

Q  And in the course of the negotiations and somewhere in April, either the 1st or 2nd of April, was there exhibited to you this envelope addressed to Dr. John Condon, being marked Exhibit S-36 for identification containing this note marked S-37?
A  This was shown to me very shortly before the payment of the money in St. Raymond's Cemetery.
Q  Colonel, I show you S-38 and ask you to look at it and tell us where you were when you saw that note?
A  I was in Dr. Condon's home in the Bronx.
Q  Do you remember the day?'
A  That was on April 2nd, 1932.
Q  And when you were there, did that note arrive?
A  It did.
Q  By mail or by messenger?
A  The door bell rang in the home; Dr. Condon went to the door and returned with this note.
Q  And you read it together?
A  We read it at approximately the same time, yes.
Q  Who else was there at the time?
A  Colonel Breckenridge was there and I believe Mr. Reich was there.
Q  Mr. Reich was a friend of Dr. Condon's?
A  Dr. Condon's.
Q  And as a result of that note, did you and Dr. Condon depart in an automobile?
A  Yes, we did.
Q  And was there anyone else in the automobile?
A  No.
Q  Who was driving?
A  I was.
Q  This was on the night of April 2nd, 1932?
A  Yes, that is right.
Q  And whose car was it?
A  I was informed that it was Mr. Reich's car.
Q  But you were driving?
A  Yes.
Q  Did you have any money there with you, any sizeable amount?
A  Yes, we had $70,000.
Q  And what did you do -- in what container was it kept?
A  It was wrapped in brown paper and placed is a wooden box.
Q  And you had the box there in the car?
A  Yes.
Q  About what time of night was it when you and Dr. Condon left in that automobile?
A  Approximately half past eight.
Q  Did you have any police protection or surveillance?
A  Not as far as I know.
Q  You had arranged not to have it, so far as you were able?
A  As far as possible yes.
Q  And you had proceeded along to what point?
A  To a point near the intersection of Tremont Avenue and Whittemore Street, I believe it is.
Q  In the Bronx?
A  In the Bronx, near to St. Raymond's Cemetery; we parked opposite that florist shop on the opposite side from the cemetery.
Q  After having parked opposite that florist shop, who got out of the car?
A  Dr. Condon.
Q  Did he then proceed directly across the street to the florist shop?
A  We were on the same side of the street as the florist shop.  Dr. Condon got out of the car, walked across the sidewalk, next to the car, and to a table in front and slightly to the side of the walk to the florist shop.  Shall I continue?
Q  Yes.  Continue right on.
A  And obtained another note from underneath that table.
Q  Did you see him get that note from underneath the table?
A  I saw him walk to the table and return with the note; I couldn't see, of course, the note under the table.  I understand it was under a rock.
Q  When he came back did he come right back from there?
A  He did.
Q  You could see that, could you?
A  Yes.
Q  And when he came back, did you recognize this as being the paper that he had then in his possession (handing to witness)?
A  Yes, it is.

[Note entered for identification as S-39; some objection prevents entry as evidence now]

Q  After this S-39 was exhibited to you did you still remain in the same place with your car?
A  Yes, I did.
Q  How far was that from St. Raymond's Cemetery, diagonally across the street?
A  I should say it was about two or three hundred feet.
Q  And what time of night would you say it was, Colonel?
A  It was in the vicinity of nine o'clock.
Q  What was the condition of the weather?  I mean was it clear?
A  Oh, yes, the visibility was clear.  I don't recall whether it was overcast or not; I don't recall.
Q  A clear night?
A  Clear night as far as visibility was concerned.
Q  And you remained seated in the car?
A  Yes, I did.
Q  Alone?
A  Yes.
Q  With the $70,000?
A  Yes.
Q  And Dr. Condon, then from there, what did he do?
A  After Dr. Condon returned to the car with the note, we read the note.  Then Dr. Condon walked across Whittemore to the corner of the cemetery.
Q  When you say the corner, I suppose you mean the entrance, the front entrance?  Or isn't there an entrance?
A  I don't believe there is an entrance there as I recall it now.
Q  At any rate he went to the corner?
A  Yes.
Q  And then what happened, Colonel?  Proceed with your story.
A  Dr. Condon, as I say, went to the corner of the cemetery, he stood there for a few moments, then he turned around and started to walk back across Whittemore, which runs next to the cemetery.  When he arrived at about the center of Whittemore, I heard very clearly a voice coming from the cemetery, to the best of my belief calling Dr. Condon.
Q  What were the words?
A  In a foreign accent, "Hey, Doctor."
Q  How many times?
A  I heard that voice once.
Q  After that, Colonel, what did the doctor do?
A  Dr. Condon immediately turned, walked back toward the corner of the cemetery where he had been and hurriedly walked down Whittemore Street on the cemetery side.
Q  Yes, sir.  Then, I suppose he was out of your sight?
A  Yes.
Q  Did he return soon thereafter?
A  He returned, I should say, in approximately ten minutes.  It was very difficult for me at that time to estimate time.
Q  I see, and when he had left you originally you still had the money?
A  Yes.
Q  All right.  When he came back did you give him the money?
A  I gave him part of the money, $50,000 to be exact.
Q  You didn't give him the seventy?
A  No.
Q  At whose suggestion, as between you and Dr. Condon, was the $20,000 omitted?
A  At Dr. Condon's.
Q  He said all he needed was the fifty?
A  Yes.
Q  And so, who took the $20,000 out of the box?
A  I did.
Q  And you gave him then the box with the $50,000?
A  With the fifty.
Q  Will you please describe as best you can the box in which this money was contained?
A  It was a wooden box, hinged at the back with one or two clasps in front, of metal, giving the outside appearance of brass.  The box was oblong in shape, not quite large enough in every dimension to hold the money which was put in, and it was slightly cracked, due to forcing the $50,000 into the box.
Q  Fifty or the seventy?
A  Well, it was cracked, really, putting the fifty in, because that was in a different package than the additional twenty.
Q  I see.
A  The entire seventy was in there originally.
Q  And what were the dimensions, as best you can remember, of the box?
A  Why, it was according, it was made according to the dimensions given in one of the notes -- I do not recall the exact dimensions.  It was about the width, just slightly more, than the width of a bill.  It was, I should say, twelve or fourteen inches long, maybe sixteen, and probably seven, or eight, or nine inches in height.
Q  And what were the denominations of the bills that remained and the denominations of the bills that were taken out?
A  The bills left in the box were of twenty dollar, ten dollar and five dollar denominations.  The ones that were taken out were of fifty.
Q  Fifty dollar?
A  Fifty dollar, yes.
Q  Then, of course, the Doctor left with the money, did he not?
A  He did.
Q  And how soon did he return?
A  I should say again in from ten to fifteen minutes.
Q  And when he returned did he deliver to you this note?
A  Yes, he did.

[Note entered for identification as S-40]

Q  Of course, when he returned with that note he did not return with the money?
A  He did not.
Q  Then I take it you went back to where: The Bronx?
A  From there we started back toward Dr. Condon's home.
Q  By the way, he didn't have the box either, did he, if you noticed?
A  No.
Q  You say you started toward Dr. Condon's home?
A  Yes.
Q  All right, will you proceed, Colonel.
A  Before arriving there we stopped long enough to read the note which you have just shown me.  Then after arriving at his home, as I recall, I made arrangements to obtain a plane to fly over the area designated in the note.  And I left Bridgeport about daybreak.
Q  Bridgeport, Connecticut?
A  Yes, about daybreak the following morning.
Q  What time did you leave for Bridgeport from New York and the Bronx, as nearly as you can remember, and how did you go there?
A  We went by car.
Q  And who went along?
A  As I recall now, we did not leave directly from Dr. Condon's house but stopped in New York City on the way.
Q  From New York?
A  Colonel Breckinridge went and Mr. Irey.
Q  Who is Mr. Irey?
A  He is chief of the Internal Revenue Department at Washington.
Q  A United States Government employee?
A  Yes.
Q  And who else?
A  Dr. Condon and myself.
Q  At any rate, next morning about what time did you take off in your plane?
A  We left shortly after daybreak in an amphibian from Bridgeport.
Q  How long were you in the air in your plane?
A  I believe several hours; I haven't the exact time, but we flew up over the area described in the note, we landed up there and spent a considerable time looking over the sea harbors in that vicinity.
Q  What was the purpose of your mission in the plane?
A  We were looking for the boat described in the note which you just showed me, and to see if we could find any location of my son.
Q  And after approximately two hours -
A  We were gone, I believe, longer than that, because we landed there, as I recall now, we did not return until after noon.
Q  Did you pilot the plane yourself?
A  I did.
Q  And during those hours you searched the waters in that vicinity for the boat that you hoped had your son on it?
A  That is correct.
Q  Your search, of course, was in vain that time?
A  It was.
Q  You returned then where?
A  I believe we returned to a field, a land field near Hempstead, Long Island, called the Aviation Country Club.
Q  Did you make another effort in a plane to locate the boat that was supposed to be the one that you were looking for?
A  I did later.
Q  When: the same day?
A  No.  It was a day or two forward.
Q  I see.  And who went up with you that time?
A  At the moment, I don't recall who was in that plane.
Q  Who piloted that plane?
A  I did.
Q  How long were you up on that occasion?
A  I believe for several hours again.
Q  And again the search was in vain?
A  Yes.
Q  Then you returned, and where did you go?
A  On that occasion I landed at Teterboro Airport in New Jersey.
Q  And from there?
A  From there, as I recall, I drove to my home in Hopewell.
Q  And that was some time in April?
A  That was in April, during the early part.
Q  On the night of April the 2nd, 1932, when you were in the vicinity of St. Raymond's Cemetery and prior to delivering the money to Dr. Condon and you heard a voice hollering, "Hey Doctor," in some foreign voice, I think, as you referred to it -- since that time have you heard the same voice?
A  Yes, I have.
Q  Whose voice was it, Colonel, that you heard in the vicinity of St. Raymond's Cemetery that night, saying "Hey, Doctor"?
A  That was Hauptmann's voice.
Q  You heard it again the second time where?
A  At District Attorney Foley's office in New York, in the Bronx.
Q  Now, Colonel, this money that was made up, the $50,000, I suppose you had ordered that from some bank?
A  Yes.
Q  Do you know whether or not the serial numbers of those bills were taken down by anybody?
A  I requested that that be done, and I was informed that it was done.
Q  I see.  Now, coming back again to Hopewell, after April 2nd, of course, Colonel Breckinridge, your adviser and friend, remained at Dr. Condon's home?
A  He was at Dr. Condon's home on several occasions after that and I believe quite regularly for some time after April 2nd.
Q  And were you still awaiting word of the whereabouts of your son?
A  Yes.
Q  And finally on May 12, 1932, were you called back to Hopewell?
A  Yes, I was.
Q  When did you get to Hopewell?
A  I believe it was after midnight that night, but during the night of May 12th to May 13th.

Mr. Wilentz:  Colonel, if you want a glass of water or something, don't hesitate to ask, please; and I would appreciate it of the Sheriff got the prosecution one of those nice tumblers or glasses.

Mr. Fisher:  I had to provide this one for myself, Mr. Wilentz.

The Court:  Mr. Crier, won't you get the Attorney General what he wishes?

Court Crier Hann:  Yes.

Q  Now Colonel, on that night, somewhere around midnight, you say you returned to Hopewell; and did you visit a morgue in Trenton?
A  On the following day I did.
Q  By the way, in March, 1932, when was the last time you saw Charles A. Lindbergh, Jr.?
A  On the Sunday evening preceding the 1st of March.  That would be in February, 1932.
Q  And from that time on, did you ever see that child alive again?
A  I did not.
Q  Did you see the child at all again?
A  I saw the child's body.
Q  When?
A  On the 13th of May, 1932.
Q  You saw that body in a morgue at Trenton?
A  Yes.
Q  And it was your child?
A  It was.
Q  And you ordered the body cremated, as I understand it?
A  Yes.
Q  And had the ashes sent to you?
A  Yes.
Q  They were in your custody?
A  They were.
Q  So that you did not get the money back and did not get your child?
A  I did not.
Q  By the way, the child was about twenty months of age at the time?
A  Yes.
Q  A healthy child?
A  Yes, entirely.
Q  Normal?
A  Yes -- had a slight cold at the time of March 1st -- perfectly normal.
Q  Except for a little cold and except for the fact that one of the toes overlapped the other or so the child was perfectly normal?
A  Perfectly normal.
Q  Blond hair?
A  Yes.
Q  Curly headed?
A  Yes.
Q  Did it talk?
A  Beginning to talk, yes, a number of words.
Q  Did it have a name for you and for Mrs. Lindbergh?
A  Yes.
Q  What was he, a vivacious child, an active child that ran around?
A  Yes, I should say active, very active.
Q  Very active.  And I take it, of course, Colonel, that the picture which Mrs. Lindbergh presented here yesterday, S-6, is the picture of Charles Lindbergh, Junior, at the time?
A  Yes, that is correct.

Mr. Wilentz:  Except for the fact that I want to exhibit to the Colonel the ladder when it comes in, the ladder and the chisel, you may take the witness.