Evening star., 1935-01-24
TRENCHARD DENIES
DIRECTED VERDICT.
Defense Loses Plea and
Fisher Outlines Bruno's
Case to Jury.
Continued From Third Page.)

bringing out that the distance be-
tween the rungs was regular and pen
Gil marks had been put on it, such as
q carpenter would do"
Pointing to the cracked ladder Sec
ton, Wilentz elected from Koehler
that the stress of human weight on
1t was "the likely way it broke"
Pope asked if there couldn't have
been other ways. Koehler agreed.
Koehler was then excused and the
States legal staff conferred briefly.
WilentZ turned from the conference
and in low tones said:
THE State rests, your honor"
Reilly announced he would like to
continue his cross-examination of
Thomas H. Sisk.
Wilentz stood on his announcement.
"The State has rested. You may call
whom you please"
Wilent8 said he understood the
agent would come during the defenSe's
case, and there would be no delay.
Reilly also asked to have Miss Hill
degarde Olga Alexander recalled to
test her "credibility."
Wilentz said she would be produced
but he wanted no delay Of the defense
case.
WilentZ ReSentS
Statement of Defense.
With respect to this lady I resent
the statement that the defense is in
possession of any evidence remotely
affecting her credibility. However, II
counsel desires her appearance think
it can be arranged"
Sisk would be available, Justice
Trenchard said, on assurance from
WilentZ.
The girl, who told of seeing Haupt-
mann trailing DR.. Condor, the inter-
mediary, would be recalled by the
State, the justice directed.
Wilentz' suggestion that she be
subpoenaed by the defense was over
ruled after Reilly said shed be more
likely to appear at the States re-
quest"
The noon recess was called.
Recess for lunch was taken at 1926
pm.
Hauptmann
Appears Nervous.
The court was jammed for the
afternoon session. Every available
inch of space was packed with people,
all drawn into the inadequate little
room by the reports that Hauptmann
might take the witness stand.
Hauptmann, his usually well combed
hair mussed a bit. sat almost alone in
the midst of the assemblage. He
clasped and unclasped his hands
nervously and fixed his gaze straight
ahead.
He looked around occasionally with
a vacant look in his eyes, as if he were
totally oblivious of his surroundings.
Three of the first of the defense
witnesses appeared at the afternoon
session. They were Mr.. and Mrs.
Christian Friedricksen, the owners Of
the bakery where Mrs. Hauptmann
worked, and Hans Kloppenburg. a
friend Of Hauptmann, who joined him
in pleasure trips to Hunters Island in
the Summer following the kidnapping
Court convened promptly at las
pm.
Defense Moves
For Directed Verdict.
Egbert Rosecrans, Immediately after
court convened, arose to move for a
directed verdict Of acquittal.
He prefaced his motion by a re-
quest for withdrawal of two documents
introduced by the State Wilentz did
not object. The documents were not
named.
Rosecrans, opening his argument for
q directed verdict, declared there was
no evidence the court had jurisdiction
in the case. He pointed out that
the murdered baby's body was found
in Mercer County, and. adding that
while the legal presumption might be
the child was fatally stricken in
adjacent Hunterdon County, no evi-
dence or proof had been offered to
subStantiate that presumption.
Next there is no evidence of a viii
full premeditated murder having been
committed in Hunterdon County,"
Rosecrans continued "The body was
found in Mercer, with presumption
the blow was struck there.
THE next is there is no preSump-
ton of burglary. The statute bears the
caption Burglary but we have many
other things beside the crime Of
burglary as defined at common law.
THE stealing of the clothes of the
child has not been shown to be COM
mon law felony"
Declares No Evidence
OF Burglary Was Shown.
The tall, young attorney, holding
notes before him, spoke in even tones
as though he and the justice were the
only persons in the room. He crossed
his arms, ran his hand through his
brown hair or looked down at his
notes in complete concentration on his
argument.
"On any consideration of the testi-
mony of the State, find no evidence
offered showing the intent to commit
a common law felony"
RoSecrans was attacking the indict-
ment that the child was killed during
the course of felony, burglary per-
petrated for the purpose of stealing
the child "jn its clothing"
Inc Q6I6lS6 COUNSEL LIlen UOlu Iue
court it was his opinion no evidence
had been presented that burglary
was committed, no evidence of break
ing and entering, no evidence of in
tention to commit burglary.
Next" he went one, "the burglary, if
committed, was committed in Hun
terdon County, but death is presumed
to have occurred in Mercer, where the
body was found.
Burglary Is a crime of intention.
That intention is in the mind Of the
felon when he enters.
In this case, the case is barren of
any evidence Of flight, of entering and
robbing."
Case Barren
OF Evidence of Flight.
But this case is barren of any
evidence Of flight, of any evidence
that the perpetrator was apprehended
in his flight"
He paused for q moment, then con-
tinued on his discussion.
Death" he said, did not ensue
from this felony. There is no evi-
dence. The child might well have