The Washington times., 1934-10-08

members of the jury sat clos
together.
Seated in the courtroom wert
Attorney General David T. vii
entz of New Jersey, Deputy Attor
ney General Joseph Lanigan ant
Prosecutor Anthony Hauck, O
Hunterdon county. These men ART
expected to handle the State
case in the event Hauptmann il
brought to trial here for murder
At exactly 1918 a. m, Judg'
Trenchard and County Judge Mel
son Robbins mounted the bench
They were attired in FLOWING
black robes. The clerk of cour
called the proceedings to order il
a droning voice.
There was moment of silence
and then the judge, reading from
a paper, began his instructions tt
the jury.
Judge Trenchard said:
Ladies and Gentlemen Of the
Grand Jury, you have been
convened today at the united
request of the attorney gen.
eral of the State of New Jersey
and the prosecutor of pleas of
this county.
"The purpose is to leave be-
fore you evidence which they
think tends to show that one
Hauptmann murdered Charles
A. Lindbergh, jr., in this county
on March l, 1882.
"The State representatives
have defined their stand that
to this court that they will ask
you return only an indictment
for murder at the present time.
They have stated to this
court that the evidence to be
presented will tend to show the
accused in the course of enter.
ing the dwelling Of Colonel
Lindbergh for the purpose of
committing a battery, did
steal the infant son of Colonel
Lindbergh.
BURGLARY DEFINED
"NOw burglary so far as we
are concerned is defined by
statute as the willful breaking
and entering of any dwelling
house at night with intent to
steal or commit battery.
eff then, the evidence rea-
sonalIy tends to show that the
child was felOnOuSIy struck in
HunterdOn county by the &C.
cuSed, and afterwards died as
a result of such a blow and
the stroke was inflicted in pur-
suance of the burglary or con:
nected with it subsequently,
you must indict. ii : -
"The State proposes to show
that Hauptmann did cause this
child to be struck an injury as a
cause Of which the baby did die.
"Or, in any event, that the evil
dence will show the child was
killed by a blow of an instrument
which caused his death.
"The purpose Of this charge is
solely for your guidance in the
principles of law, the evidence
being for your consideration
only.
REGARDLESS Of whether the
death blow was accidental or in.
territorial, If struck in the com.
mission of a felony, you must
indict.
Even if you do find that the
stroke which caused the death
Of the child was not inflicted
in preparation of burglary, if
you nevertheless find that the
evidence reasonably tends to
show that the stroke was caused
and delivered by the accused in
Hunterdon county, with intent
to commit bodily harm while
carrying away the stolen child,
you must indict, and leave to
the HunterdOn jury which
would in the natural course of
events Judge at the trial of the
accused, the degree Of guilt, If
they find the accused guilty."
Judge Trenchard finished hi
instructions at 1929 a. m. Thu
Jurors, led by Foreman Georg,
Robinson, a merchant of Jutland
N. j., passed into the jury room.
kidnapping Not Cited
Not once during his charge Il
the jury did Judge Trencharc
make a direct reference to thu
word kidnapping"
The first witness before thu
jury was DR.. Charles H. Mitchell
Mercer county physician. It wa
DR.. Mitchell who conducted the
autopsy following the finding o.
the Lindbergh baby's body in thu
weeds several miles from the Lind
bergh home on May IL, 1892. HI
stated at that time that the child'I
death was due to a fractured
skull.
Albert F. Osborne and Albert B
Osborne, father and son. both
handwriting experts. followed DR.