H. NORMAN SCHWARTZKOPF, Sworn as a witness on behalf of the State:
Direct examination by Mr. Large:
Q. Colonel, do you hold an official position?
A. I do.
Q. What is it?
A. Superintendent of the New Jersey State Police.
Q. I show you two writings (S-86 and S-87) and ask you if you were present when they were written?
A. I was, yes, sir.
Q. Who wrote that?
A. Bruno Richard Hauptmann.
Q. Under what circumstances were they written, Col.?
A. Inspector Lyons of the NY City Police Dept. explained to Bruno Richard Hauptmann that he wanted specimens of his handwriting; asked him if he was willing to give us some. He said "Yes," and from a circular which had been published, Inspector Lyons read off the words and Hauptmann wrote them on two pieces of paper.
Q. As I understand it, he wrote from dictation?
A. Yes, sir.
Q. And the spelling is his own?
Mr. Fisher: I object to it.
The Court: How is that?
Mr. Fisher: I object to it as leading, "and the spelling is his own."
The Court: Well, that is a little leading. You better reframe your question.
Q. Is the spelling his own?
A. Yes, sir.
Q. Referring to whom?
A. Hauptmann.
Mr. Large: Do you want to cross examine?
Cross examination by Mr. Fisher:
Q. When were these written, Col.?
A. On Sept. 19th, 1934.
Q. At what time of day?
A. They were written, it was early in the evening, around seven o'clock; I think it was right after Hauptmann had supper.
Q. The same day he was arrested?
A. Yes, sir.
Q. Hauptmann was in custody at the time?
A. Yes, sir.
Q. And had been since nine o'clock in the morning?
A. Yes, sir.
Q. Undergoing questioning since nine o'clock in the morning?
A. Intermittently, yes, sir.
Q. Was he represented by counsel at the time the writing was done?
A. No, sir.
Q. In the hands of the police?
A. Yes, sir.
Mr. Fisher: I object to them for the same reasons as urged in the argument yesterday.
Mr. Large: I call the Court's attention to the fact that they are, as the others, not offered as confessions. They are merely samples of handwriting written by the defendant.
The Court: I understand that.
By the Court:
Q. Col. Schwartzkopf, were there any promises made to Hauptmann in order to get him to do this writing?
A. No, sir.
Q. Was he threatened in order to compel him to do the writing?
A. No, sir, he willingly gave it to us.
Q. Now, Mr. Fisher, do you desire to present any proof upon the question of the voluntary or involuntary character of this act of writing?
A. Not at this time, sir.
Q. I will admit the exhibits.
Mr. Large: Now that is all, I think, Col. Schwartzkopf