The Washington times., 1935-02-14
REILLY ALL SET.
To CARRY ON
THE FIGHT
Record Cost and Printing Bill
Soar; State May Bear
Part of the Burden
By GEORGE H. KENNEDY


'UNSO.-G lust for the al
mighty dollar. .motivated the
baby Lindbergh kidnapping, con-
tends the State.
Today, lack of money appeared
to endanger the condemned mans
fight to escape the waiting death
chair through prosecution Of an
appeal.
Defense attorneys were casting
about for the means to carry on
the fight.
Ignorant Of this, Bruno Richard
Hauptmann, awaited in his cell
here his removal to the State
prison at Trenton where the cleo
trict chair is located in which he
was sentenced last night to die
for the murder Of the Lindbergh
baby.
Appeal Planned
Hauptmann's one chance Is an
appeal to the highest court in New
Jersey. Egbert Rosecrans said:
"We'll appeal If we can find
the money"
His colleagues, C. Lloyd Fisher
and Frederick A. Pope. echoed
him.
But directly after the verdict,
the ever-buoyant Edward j. Reilly,
chief defense counsel, said:
1--WE will appeal to the high
est court of the land"
The cost of an appeal has stag
gered the defense attorneys as
the proportions of the trial have
grown.
Attorney Fisher placed the
preparation of the record alone
at $4,000 There are more than
5000 pages of it which cost 81
q page to print. Adding to this
the purchase of the record itself
from the court stenographers at
about So a page brings it close to
Mr.. Fishers figure.
Borrowed Record
Legal observers pointed out,
however, that in capital cases the
State may foot the expense of
printing the record, the chief item
OF cost aside from attorneys fees.
During the trial the defense
could not afford to buy the record
from the court stenographers and
instead borrowed copies from
newspaper men to aid in the cross
examination.
The formality of an appeal in
New Jersey, Attorney Rosecranz
explained, starts with an applica-
ton for a writ of grace" from
the Chancellor of the State, a
post held by Malcolm Buchanan.
Of Princeton.
The chancellor usually denies
It. Only six or seven have been
granted in the history Of the
State.
Method Of Action
The next step is to apply for
a writ of right" to the Court
of Errors and Appeals. A stay
Of execution for a month or two
Is then granted by the court.
This court is composed of the
nine supreme court justices of
New Jersey, the Chancellor and
six lay members.
Justice Trenchard is a member
Of the court, but he will with
draw temporarily should the
Hauptmann appeal come before
it. The appeal If made, must be
dealt with in the next session of
the court which opens the second
Tuesday in April. The court is
divided into sections and acts
promptly. Capital cases such as
Hauptmann'S are given prefer
ence.
AS the record in this case is
long one and it may take the
court some time to deal with it,
the stay of execution probably
will be for three months, Attor-
Gey RoSecrans ventured.
This would change the date of
Hauptmann's scheduled execution
from the week of March 18 until
early in the summer.
Only a communication Of SEN
tence by the governor or reception
Of an appeal by the United States
Supreme Court, both viewed as
unlikely contingencies could
change this second date.