Journalist H. L. Mencken called the trial of Bruno
Hauptmann, the accused kidnapper of the baby of aviator Charles
Lindbergh, "the greatest story since the Resurrection." While
Mencken's description is doubtless an exaggeration, measured by the public
interest it generated, the Hauptmann trial stands with the O. J. Simpson
and Scopes trials as among the most famous trials of the twentieth
century. The trial featured America's greatest hero, a good mystery
involving ransom notes and voices in dark cemeteries, a crime that is every
parent's worst nightmare, and a German-born defendant who fought against
U. S. forces in World War I.
On the cold, rainy night of March 1, 1932, sometime between 8:00 and
10:00 o'clock, Charles Lindbergh, Jr., the twenty-month-old child of Charles
and Anne
Lindbergh, was snatched from the second-floor nursery of their Hopewell,
New Jersey home. The kidnapper left a small, white envelope on a
radiator case near the nursery window. It contained a ransom note:
Dear Sir!
Have 50,000$ redy 2500$ in 20$ bills 1500$ in 10$
bills and 1000$ in 5$ bills. After 2-2 days we will inform you were
to deliver the Mony. We warn you for making anyding public or for
notify the polise the child is in gute care. Indication for all letters
are singnature and 3 holes.
An investigation outside the house revealed a broken three-piece homemade
extension ladder. The side rails of the middle section were split,
suggesting that the ladder broke when the kidnapper descended with the
baby. Investigators also discovered a chisel and large footprints
leading away from the house in a southeasterly direction. In a remarkable
oversight, the footprints were never measured.
By the next morning, word of the kidnapping had been broadcast to the
world and reporters, cameramen, curious onlookers, and souvenir hunters
swarmed over the Lindbergh estate. Any evidence not yet retrieved
by police was lost in the stampede.
Charles Lindbergh made very clear to Colonel
H. Norman Schwarzkopf, head of the New Jersey State Police, that he
wanted the police to allow him to negotiate without interference with the
kidnappers. No arrests were to be made until the ransom was paid
and the baby safely returned. The Lindberghs broadcast a message
to the kidnapper or kidnappers on NBC radio promising to keep confidential
any arrangements that would bring their baby back safely.
On March 4, the Lindberghs received their first communication from the
kidnapper(s) since their baby was taken. It came in the form of a
handwritten note mailed from Brooklyn. The note said "Don't by afraid
about the baby two ladys keeping care of it day and night." The note
warned the Lindberghs to keep the police "out of the cace" and said that
a future note will tell them "were to deliver the mony." Feeling
a need to find a go-between to deal with the kidnappers, the Lindberghs
settled on two bootleggers who had volunteered for the assignment.
Meanwhile, gangster Al Capone, calling the kidnapping "the most outrageous
thing I have ever heard of," offered $10,000 for information leading to
the return of the child.
In the Bronx, New York, an intelligent, patriotic, and a bit overbearing
seventy-two-year-old retired principal named Dr.
John Condon wrote a letter than ran in the Bronx Home News of
March 8, 1932. In his letter, Condon offered the kidnappers $1000
of his own money in addition to any ransom money provided by the Lindberghs.
He promised "to go anywhere, alone, to give the kidnappers the extra money
and promise never to utter his name to any person." The next day Condon
found in his mailbox a letter from the kidnapper(s) asking him to "gett
the mony from Mr. Lindbergh" and await "further instruction." Condon
called Lindbergh with word of his letter. Lindbergh urged Condon
to drive out to Hopewell for a meeting to discuss a response to the note.
Lindbergh gave Condon toys and safety pins so that he might identify the
baby and authorized him to place a "Money is ready" note in the New
York American. At 8:30 on the evening of March 12, the doorbell
rang at Condon's house. The man who rang the doorbell handed Condon
a letter. The man explained that a man in a brown topcoat and brown
felt hat had stopped his taxi and asked him to deliver a letter to 2974
Decatur Avenue. The letter turned out to be from the kidnapper.
The letter told Condon to "take a car" to a specific location near an empty
hot dog stand where he might find a note under a stone telling him where
he should go next. He was to be at the location in "3/4 of a houer."
Condon found the note. It told him to "follow the fence from the
cemetery direction to 233rd Street. I will meet you." Condon
walked toward the cemetery gate when he saw a figure inside the cemetery--deep
in shadows--signaling him. The man had a handkerchief over his nose
and mouth. "Did you gottit my note?" the man asked in a German accent.
The man asked whether Condon had the money. He replied, "I can't
bring the money until I see the baby." Then, spotting another man
outside the cemetery, the shadowy figure said "It's too dangerous!" and
turned and ran. Condon chased the man down and they sat down together
on a bench. Condon told the man (who called himself "John") he had
nothing to fear; no one would hurt him. The man expressed to Condon the
fear that he "might even burn." Alarmed, Condon asked him what he
meant. "What if the baby is dead?" he asked. "Would I burn
if the baby is dead?" Condon, blood rushing to his face, demanded
to know why he was asked to deliver a ransom if the baby was dead.
"The baby is not dead," the man said. "Tell the Colonel not to worry.
The baby is all right." Condon asked where the baby was. "Tell
Colonel Lindbergh the baby is on a boat," the man answered. Condon
asked that the man take him to the baby, but instead the man, saying he
had "stayed too long already" and that the chief conspirator--"Number One"--will
be mad at him, got up to leave. He promised to send Condon "a token":
the baby's sleeping suit. "I must go. Goodnight."
A few days later, Dr. Condon received a package containing a gray wool
sleeping suit. It was the sleeping suit worn by the Lindbergh baby
on the night of the kidnapping. Lindbergh worried that the kidnappers
might be losing patience, and urged that the ransom be paid immediately--even
before the baby was actually seen. On Tuesday, March 31, Condon received
a note from "John" demanded that the ransom money be ready by Saturday
evening. IRS officials helped assemble the ransom money using gold
notes. Within two years the country would be off the gold standard,
officials reasoned, and the bills round yellow seals of the gold notes
would set them apart from other currency. Officials delivered two
boxes containing the ransom money to Condon's house. At 7:45 on Saturday
evening the doorbell rang again at the Condon home. A taxi driver
delivered a note telling Condon to drive to a florist shop where he would
find another note under a table outside the shop. Condon, accompanied
by a gun-toting Charles Lindbergh, drove to the location. The note
pointed Condon to another cemetery, this one across the street from the
florist shop. Lindbergh decided to hang back and see what happened.
"Hey, Doctor!" the man he recognized as "John" yelled. When they
met, "John" asked Condon if he had the money. Condon said the money
was in the car, but he wouldn't hand it over until told where the baby
was. When "John" promised to be back in ten minutes with a note identifying
the baby's precise location, Condon went to the car to retrieve the ransom
money. Condon handed "John" $50,000 in return for an envelope said
to contain directions to a boat called Nelly, where the Lindberghs
might find their long-lost baby. Condon took the envelope to Lindbergh,
who opened it. The note said: "You will find the Boad between Horseneck
Beach and gay Head near Elizabeth Island." At dawn the next morning,
Charles Lindbergh was in the air, flying along the Atlantic Coast looking
in vain for a twenty-eight-foot boat called Nelly.
At 3:15 on May 12, 1932, a truck driver named William Allen stopped
just north of the small village of Mount Rose, New Jersey (two miles from
the Lindbergh home) to relieve himself in the nearby woods. About
seventy-five feet off the road he look down to see a baby's head and a
foot protruding from the ground. It was Charles A. Lindbergh, Jr.
The hunt for the Lindbergh baby was over. Investigation later revealed
that the baby was probably killed by a blow to the head, possibly from
a fall coming down the ladder from the nursery.
In the days that followed, investigators continued to question one of
Lindbergh's maids, Violet
Sharpe, who they viewed as having been evasive in prior interviews.
Sharpe had told a boyfriend, Ernie Brinkert, over the phone of the Lindberghs'
change of plans (they had originally planned to be out of Hopewell) on
the night of the kidnapping, and they thus viewed Brinkert as a possible
suspect. Ill, depressed over the death of the baby, and shaken by relentless
prying into her private relationships, Sharpe filled a measuring cup with
cyanide chloride and committed suicide. Speculation began--and continued
through the years that followed--that Sharpe was connected with the kidnapping.
Police arrested Ernie Brinkert, but his handwriting did not not match the
kidnapper and neither did he look at all like "Cemetery John." The
investigation was adrift.
During 1932 and much of 1933, the police kept tracking locations where
the marked gold ransom notes appeared. First scattered all over the
city, over time began to concentrate in upper Manhattan and the German-speaking
district of Yorkville. On November 27, 1933, a cashier at the Loew's
Theater remembered taking a gold note for a movie from an average-sized,
big-nosed man who matched Condon's description of "John." Ten months
later, the head teller of the Corn Exchange Bank in the Bronx came across
a gold note with "4U-13-14- N.Y." penciled in the margin. The teller
informed investigators who assumed that the notation was for a license
plate, penciled in by a gas station attendant. Their assumption turned
out to be correct. The attendant at the upper Manhattan service station,
John Lyons, recalled that the note came from an average-sized man, with
a German accent, driving a blue Dodge. He told investigators he remarked
to the man, as he gave him the gold note, "You don't see many of those
anymore." The man replied, "No, I have only about one hundred left."
The New York Motor Vehicle Bureau reported that the license number written
on the note belonged to Bruno Richard Hauptmann, a thirty-five-year-old
carpenter living in the Bronx. The next morning, after leaving in
his home in his blue Dodge, Hauptmann was arrested. In his possession
was a twenty-dollar gold note. A subsequent investigation of Hauptmann's
garage uncover $1,830 in Lindbergh bills hidden behind a board and another
$11,930 in Lindbergh money in a shellac can sitting in the recess of a
garage window.
Confronted with the discovery of the ransom money, Hauptmann said that
Isidor
Fisch, a German friend who had sailed for Germany the previous December,
then died a few months later of tuberculosis, had left some of his belongings
with him for safekeeping. When he discovered that Fisch's belongings contained
the gold notes, Hauptmann told investigators, he decided to spend it without
even telling his wife, Anna. Investigators had expected Hauptmann
to confess. They were disappointed.
In the weeks that followed, Hauptmann was given the third degree.
Officials fingerprinted him, put him in line-ups, and made him submit handwriting
samples.
Meanwhile, detectives kept busy. They investigated the "Fisch
Story"--and found it to be fishy. On the trim of a door in a baby closet
in the Hauptmann home, detectives noticed a smudged phone number, written
in pencil. It was Dr. Condon's phone number. In Hauptmann's attic,
investigators noticed a sawed-off board. (Prosecutors would later
charge that Hauptmann used the board to repair the ladder found at the
Lindbergh home on the night of the kidnapping.) From interviews with
Hauptmann's neighbors, a picture emerged of Hauptmann as a shy, hardworking,
and frugal carpenter.
The case against Hauptmann kept building. On September 24, 1934, Hauptmann
stood before a New York magistrate to hear that he stood accused of extorting
$50,000 from Charles Lindbergh and would be held without bail. Two weeks
later in the Hunterdon County Courthouse in Flemington, New Jersey, twenty-three
grand jurors unanimously voted to indict Hauptmann for the murder of the
Lindbergh baby. New York agreed to extradite Hauptmann to stand trial
in New Jersey. An opening date for the trial was set: January 2, 1935.
By New Years Day, Flemington overflowed with 700 hundred reporters,
thousands of curious spectators, and hundreds of communications technicians.
Celebrities such as Walter Winchell, Arthur Brisbane, Damon Runyon, and
Jack Benny began arriving in town for the trial. Vendors hawked miniature
kidnap ladders, locks "of the Lindbergh baby's hair," and photographs of
Charles Lindbergh.
At ten o'clock the next day, Judge
Thomas Trenchard, a seventy-one-year-old, well-respected jurist, took
his seat on the bench. Bruno Hauptmann, followed by a state trooper,
entered the courtroom and took his seat next to his lawyer, fifty-two-year-old
Edward
J. Reilly, a hard drinking man known as the "Bull of Brooklyn."
Colonel Lindbergh walked briskly through the courtroom door and was greeted
by prosecutor
David Wilentz, the Attorney General of New Jersey. Judge Trenchard
ordered that 48 names of prospective jurors be drawn from a box containing
150 names. The "trial of the century" (or at least one of them) was
underway.
In his opening statement, Wilentz outlined the prosecution's theory
of the case. He described how Hauptmann, carrying a burlap bag, climbed
the ladder and entered the nursery:
Then as he went out the window and down that ladder of
his, the ladder broke! He had more weight going down than when he
was going up. And down he went with the child. In the commission
of this burglary, the child was instantaneously killed when it received
that first blow.
He continued with his story of the crime. The jurors hung on every
word. Finally he closed by telling the jury, "We will be asking you
to impose the death penalty, it is the only suitable punishment in this
case."
The prosecution began its case by calling Anne
Lindbergh to the stand. She related what happened on March 1.
Wilentz handed her items of clothing her baby had worn on the night of
the kidnapping, and she identified them. Reilly, for the defense,
chose not to ask any questions: "The defense feels that the grief of Mrs.
Lindbergh needs no cross-examination."
Colonel Lindbergh, dressed in a rumpled gray suit and blue tie, was
the
next prosecution witness. He told the jury how at nine o'clock
he heard a noise that sounded "like an orange box falling off a chair."
(The sound might, of course, have been that of his child falling to his
death.) Wilentz asked Lindbergh if he knew whose voice he heard near
a New York cemetery say "Hey, Doctor." Lindbergh replied with an air of
assurance, "That was Hauptmann's voice." Cross-examining Lindbergh,
Reilly pursued a bizarre line of questioning. He suggested that the
kidnapping and murder was carried out by neighbors upset over Lindbergh's
decision to cut off access to a forest in which they liked to hunt.
Continuing, Reilly suggested through questions that Lindbergh was negligent
in not looking into the backgrounds of his maid, Betty Gow, and other household
servants, and that those servants might somehow be responsible for the
crime. The reason that Lindbergh's dog didn't bark that night, Reilly
suggested, was that because this was an inside job. Finally, Reilly
tried to cast suspicion on Dr. Condon, asking Lindbergh, "Did it ever strike
you that a master mind might insert an ad in the paper and answer it himself?"
Betty
Gow, the Scottish maid who was the last person in the house to see
young Charles Lindbergh, testified on the fourth day of the trial.
She identified the sleeveless undershirt she had made for the baby that
was found on the corpse and told how she had identified the baby at the
morgue. Reilly, in a harsh cross-examination of Gow, intimated that
she and some of her friends had been accomplices in the crime. Reilly
showed Gow photographs of the Purple Gang, a notorious group of Detroit
criminals, and demanded to know whether she knew any of them. She said
that she did not. Gow fainted as she walked back to her chair after
Reilly's attack, and was quickly revived.
The prosecution next called three state troopers to the stand.
The first, Corporal Joseph Wolf,
described seeing a large footprint in the mud near ladder marks by the
nursery window. He estimated the footprint to be larger than size
nine. On cross-examination, Wolf was ridiculed for not measuring
the footprint, and for not knowing whether the print came from a left or
right shoe. The second trooper, Lieutenant Lewis Bornmann,
identified a ladder in the courtroom as the one he had discovered on the
night of the kidnapping lying seventy-five feet from the Lindbergh home.
The third trooper, Sergeant
Frank Kelly, described what he found--and didn't find (like fingerprints)--in
the baby's room on the night of the crime.
Amandus
Hochmuth, an eighty-seven-year-old witness who lived on the road leading
to the Lindbergh estate took the stand to tell the jury that on the morning
of March 1, 1932 he saw a man in a green car with a ladder in it pass his
house and proceed towards the Lindbergh home. Hochmuth said that
the man in the car glared at him. "And the man you saw looking out
of that automobile, glaring at you, is he in this room?" Wilentz asked.
"Yes," Hochmuth answered, pointing his finger at Hauptmann. As he did so,
a power failure sent the courtroom into semidarkness. Reilly had
a quick explanation for the lights going out: "It's the Lord's wrath over
a lying witness."
The most widely anticipated witness in the trial was the always-ready-to-pontificate
Dr. John Condon. Condon
began his testimony by stating his age as seventy-four and his residence
as the Bronx, "the most beautiful borough in the world." Wilentz
led Condon through a description of events leading up to his meeting
in the cemetery, then asked "Who did you give that money to?" Condon
answered, "I gave the money to John." "And who is John?" "John,"
Condon answered deliberately, "is Bruno
Richard Hauptmann." With that revelation, dozens of news messengers
scrambled out of their chairs, and Judge Trenchard tried to restore order.
On cross, Reilly and Condon sparred over the significance of Condon's refusal
to make positive identification of Hauptmann in a lineup in the Greenwich
Police Station. Condon said that he identified Hauptmann at the time,
but withheld his "declaration of identification." Reilly accused
Condon of "splitting hairs in words."
On the eighth day of trial, Colonel
Norman Schwarzkopf was quizzed about handwriting specimens. He
identified two specimens as having been voluntarily produced by Hauptmann.
Soon the prosecution had introduced a total of forty-five specimens, including
fifteen ransom notes and nine automobile registration applications in Hauptmann's
handwriting. Using blow-ups
of the specimens, a series of documents examiners and handwriting experts,
including
John Tyrell (who also had testified for the prosecution in the Leopold
and Loeb trial) told the jury that Hauptmann was the author of all the
ransom notes. One expert, Clark Sellers, went so far as to assert: "He
might as well have signed the notes with his own name." Reilly told the
press afterwards that he would produce eight handwriting experts of his
own to show Hauptmann was not the man who wrote the ransom notes.
(Only one would eventually take the stand.)
County physician Dr.
Charles Mitchell, who performed the autopsy on the Lindbergh baby,
testified about the baby's fractured skull. He told the jury that
"the blow [that caused the fracture] was struck prior to the death of the
child." Listening to the doctor's graphic testimony about the autopsy,
Hauptmann sat white-faced and frozen. Lindbergh, for the first time visibly
affected by trial testimony, sat with shoulders bowed.
After testimony concerning Hauptmann's alleged passing of gold notes
from the ransom money, Wilentz called his last witness, a balding forty-seven-year-old
xylotomist (wood expert) from Madison, Wisconsin named Arthur
Koehler. Koehler identified he board in the kidnap ladder as
having come from a lumber store in the Bronx. Given the location
and shape of the nail holes and the grain of the wood, Koehler argued that
the board must have at one time been joined to boards found in Bruno Hauptmann's
attic. As Koehler stepped down from the witness stand, Wilentz announced,
"The State rests."
Reilly's first
defense witness was Bruno Hauptmann. Struggling with his English,
Hauptmann described in a monotone voice his difficult life in Germany and
his hard work and frugal lifestyle in America. He denied any connection
to the kidnapping or the ransom notes, and claimed that the money found
in his garage had been left by his now deceased German friend, Isidor Fisch.
Hauptmann said that he was told by police to misspell the words in his
handwriting samples that were also misspelled in the ransom notes.
Wilentz's cross-examination was rough and effective. He began
with questions about Hauptmann's criminal record in Germany. Wilentz
asked Hauptmann how he spelled "boat," one of the misspelled words on the
last ransom note. Hauptmann replied, "B-O-A-T." Wilentz walked to
the prosecution table and picked up a ledger taken from Hauptmann's apartment.
Pointing to a page in the ledger, Wilentz asked Hauptmann, "Will you please
look at this one word?" The word was "boat," spelled in Hauptmann's
ledger "B-O-A-D," just as on the ransom note. Question followed question
for two days: questions about his finances, Condon's phone number in his
closet, about the money in his garage, about the missing board in his attic.
Asked after Hauptmann's testimony for a comment on the trial, spectator
Jack Benny replied, "What Bruno needs is a second act."
A parade of alibi witnesses, beginning with his wife Anna, followed
Hauptmann to the stand. To say that none was a compelling witness would
be an understatement. A young Swede named Elvert Carlson testified
that he saw Hauptmann (who he did not know until he saw his picture in
the paper following his arrest) in his bakery on the night of the kidnapping,
but under cross confessed that he couldn't begin to describe any other
customer that appeared that same evening. Wilentz also revealed Carlson
to be a thief, a bootlegger, and to have a history of mental instability.
Another witness, August Van Henke, claimed to have seen Hauptmann walking
his dog in the Bronx at the time of the kidnapping. On cross, Van
Henke turned out to be a speakeasy operator and a man of many aliases.
Witness
Peter Sommer created a stir when he testified that he saw Isidor Fisch
with Lindbergh's maid, Violet Sharpe--but Sommer turned out to be a professional
witness who testified for a fee. And so it went. Nearly every
defense witness to take the stand was destroyed on cross-examination.
Reilly's radio appeal for defense witnesses to come to Hauptmann's aid
seemed to have produced only publicity-seeking loonies. Exasperated,
Reilly told one potential witness, "Never been convicted of any crime?
Never been in a lunatic asylum? I can't use you!"
After presenting a total of 162 witnesses, lawyers delivered their summations.
Reilly
suggested, implausibly, that the crime was a conspiracy involving Condon,
Fisch, and Sharpe, among others. He theorized that the ladder was
planted near the Lindbergh house by clever, disloyal workers to throw police
off the track of what was really an inside job. Sharpe stole the
child, then committed suicide when she realized the net was closing in.
Wilentz
followed with a five-hour summary of the evidence against Hauptmann,
who he called "the lowest animal in the animal kingdom" and "public enemy
number one of this world." Wilentz concluded by telling the jury
the defendant is "either the filthiest, vilest snake that ever crawled
through the grass, or he is entitled to an acquittal"--there should be
no thought of mercy if they were convinced of his guilt.
After giving final instructions, Judge Trenchard sent the jury out to
begin deliberations at 11:21 on February 13. At 10:28 that night,
the courthouse bell rung, signifying that the jury had reached its decision.
A few minutes later, jury forman Charles Walton stood with trembling hands
to announce: "We find the defendant, Bruno Richard Hautpmann, guilty of
murder in the first degree." Judge Trenchard asked the ashen Hautpmann
to stand as he pronounced sentence: "The sentence of the court is that
you suffer death at the time and place, and in the manner specified by
law." The thirty-two-day-long trial was over.
The next day Hauptmann was interviewed in jail by two reporters.
"Are you afraid to go to the electric chair, Bruno?" one of the reporters
asked. "You can imagine how I feel when I think of my wife and child,"
Hauptmann replied, "but I have no fear for myself because I know that I
am innocent. If I have to go to the chair in the end, I will go like
a man, and like an innocent man."
After the New Jersey appellate court unanimously rejected Hauptmann's
appeal, lawyers for the convicted man asked the Board of Pardons to commute
his sentence. That appeal was also rejected, this time by a 7 to
1 vote. Hauptmann's lone support on the Board came from New Jersey's
Governor, Harold Hoffman, who believed that the kidanpping could not have
been pulled off by one man alone. (Under New Jersey law, Hoffman
could not unilaterally commute Hauptmann's term.)
All attempts to win a confession from Hauptmann proved fruitless.
Samuel Liebowitz, the defense lawyer in the Scottsboro Boys case, visited
Hauptmann's cell three times, trying to convince him that his only chance
of avoiding the chair was in confessing. A newspaper promised to give Hauptmann's
widow, Anna, and young son $75,000 if he would provide the paper with details
of his kidnapping. Still, he continued to insist he was entirely innocent.
At 8:44 on the evening of April 3, 1936, in the New Jersey State Prison,
two thousand volts of electricity were sent through Bruno Hauptmann's body.
Douglas Linder
University of Missouri-Kansas City School of Law
linderd@umkc.edu
For further information and documentation, see Professor Linder's Web site on The Bruno
Hauptmann Trial Home Page
© 2002 by Douglas Linder. All rights reserved.