Evening star. [volume] (Washington, D.C.) 1854-1972, 1935-02-11
Reilly Tells Jurors Case
Must Be Decided on La,u
Declares Hauptmann Is. Innocent of
Crime and Says Indictment Is Pattern
Which Must Be Followed for Verdict.

, The shutters were closed. He pointed
out as far as they would 60.
After the crime they were closed
again, he declared, and the window
was down.
"Hauptmann," he asserted, would
have had to know great deal about
the house to have committed the
crime
"Hauptmann is not going to be
drawn to his death through the
squares of Pennington because you are
influenced by the prominence Of
people in the case"
Reilly reiterated that Hauptmann
could not have been In the house with
out knowledge of its interior and Of
who was in it.
Scenario Does Not
Ring True to Common Sense.
This is a scenario they have writ
ten," he charged once more, but 1t
doesn't ring true to common sense"
He turned then to the kidnap lad
der, and told the jurors the State ex-
pected them to believe that the ladder
was placed against the wall, its top
most rung reaching a point about
80 inches below the nursery window
sill.
"Of course" he commented, they
get around that. They say Col. Lind
bergh heard something falling. It
might very we'll have been a limb Of
a tree swapping. for there was
bowling gale that night.
THE colonel didn't think enough
of that sound to investigate. It was
tree limb cracking.
The ladder" said Reilly, walking
slowly back and forth between the
ladder and the jury box, was stuck
in the mud. They would have you
believe Hauptmann put up two sec
tons and climbed up. The top of
the second section was 80 inches be-
low the window sill"
Describes Climbing
Procedure as Impossible.
Reilly described the ladder climbing
procedure as though it were an i'm
possibility.
He said the State wanted the jury
to believe that the kidnaper reached
from the top of the ladder, opened the
shutters and window, reaching five
feet higher.
The States theory, he said, consid-
cred it possible for stranger to climb
in, not knock over the beer stein on
the sill, not bump against the table,
pick up the child, who gave no outcry
and go out.
The person who picked that child"
Reilly declared in loud and emphatic
tone, ''out of its crib knew the child
and the child knew that person"
He goes back with a 30-pound
child in his arms. swings himself out
Of the window in the darkness. and
is able to find the top Of that rickety
old ladder, three feet below the
window.
They'd have you believe he
climbed down to the dowel pin and
the dowel pin broke. That's what
they say, but what they say is not
evidence"
Reilly picked up a photograph Of
the ground beneath the window show
ing the ladder holes.
Reilly declares
Ladder Was a Plant.
That ladder was a plant" he as
serted. mo one climbed that ladder.
When it fell, if it did. it would have
dug up mounds of earth beside those
holes. Do you see any mounds?"
He showed the photograph to the jury
and pointed out that the holes were
undisturbed.
There was nothing else to show a
man had fallen, he argued.
Il say that points out very strongly
that no one went up that ladder"
Reilly went on. "Only one footprint.
They would have you believe that
the kidnaper walked through the night
to the house, as the sailors say, by
dead reckoning. But they found no
footprints but that one"
I say it was never up against the
house that night" Again the fist
pounded the table.
Reilly stalked over to the kidnap
ladder. He took it and smashed it
against the wall with a reSounding
bang.
He was demonstrating that the lad
der would have hit the house wall
when it broke. and have left a great
cash on the house wall as it scraped
down under the weight Of the kidnaper
and the child.
Their guess work." he sneered at
the States theory that the kidnap
ladder was used and splintered under
the kidnaper's weight.
The State wanted the jury to be-
lieve, he went on, that the man and
the baby fell, but left no impressions
In the mud.
Reilly sought to show the difficulty
q kidnaper would have in carrying
the ladder and the baby.
Folding it up nicely" he went on, !
putting it under bush and leaving
1t some place else"
Some one who knew the baby took
1t, he reiterated. Col. Lindbergh and
his wife were having dinner out Of
sight Of the door, he argued, and the
first floor was otherwise deserted.
He pointed his accusations again at
the servants and Betty Cows friend,
fIeQ Johnson.
Know Only That
Johnson Was Betty Cows Pal.
"a telephone call came for Betty
Cow" Reilly asserted. from Red
johnson that night only two hours
after she had left him to 80 to Hope
we'll"
He poked his finger at Mrs. Stock
ton, juror No. 5.
What do you know about Red
johnson?
What do I know about Red
Johnson?
I'VE know nothing Of him except
that he was Betty Cows pal.
THE State of New Jersey spent
thousands Of dollars, your money, to
bring the Fischs to this country for
the trial and only put one Of them on
the stand.
But the State never raised q finger
to bring Red johnson back"
His face flushed and his voice was
raised to a shout.
who's hiding things here?" he de-
manGad.
who's hiding the truth?"
Poi1lv suiinu hack IN tho cjupoI ha