Evening star., 1935-04-20
Rosecrans Says It Will Go
to Supreme Court Of US.
if Necessary.
MOB SPIRIT CHARGED
IN CONDUCT OF TRIAL
Rights Of Defendant Under Four.
teenth Amendment Violated,
Lawyer Declares.
By the Associated Press.

Egbert RoSecrans, one OF counsel Tor
Bruno Richard Hauptmann, announc-
ed today the Hauptman case would be
taken to the United States Supreme
Court If necessary.
Rosecrans filed with the prosecution
143 assignments Of error as the open
ing step in the appeal to the highest
New Jersey court from the convic-
tion and death sentence OF the
Pennington trial court.
Setting forth in blunt terms formal
condemnation of the court, the prose-
cution, the presence of Col Charles
A. Lindbergh at the trial, the press
and the "circus maximus" of the &C
ton in general. which ended with
conviction and death sentence for his
client. Rosecrans listed reasons why
the case should be admitted to the
United States Supreme Court.
Evidence Held Disregarded.
The lean. scholarly attorney. whose
last IL murder cases have resulted
In spectacular acquitals and who
undertook much of the legal work con.
nected with the trial and the appeal.
complained that the verdict against
Hauptmann was against the weight
of evidence. and charged the court,
presided over by the senior justice OF
the New Jersey Supreme Court,
Thomas W. Trenchard, with impair
ing free and unbiased verdict"
Rosecrans said that the papers,
signed by himself and Judge Frederick
A. Pope. as counsel, and c. Lloyd
Fisher as attorney. embrace lab as
signments of error and las causes
for reversal They are listed in eight
cen divisions marked alphabetically
from A to r, and embrace the rulings
of the court on the admission and
rejection Of testimony and evidence
and exceptions to the charge of the
court and the refusal of the court to
charge as requested"
"Group @" sets forth reasons why
the rights of the defendant were. yio-
lated, HoSecrans said, under the Con-
stitnttop Of tht United States.
Mob Spirit Charged.
He listed them as follows:
Because Of the biased and exag-
gerated newspaper reports and stories
which were communicated to all citi-
zens Of the county, State and Nation
for months before the trial and which
unduly infiamed the members Of the
jury panel against this defendant and
caused it to lose sight of the rule of
law that defendant is innocent until
proven guilty beyond a reasonable
doubt.
Because Of the hysterical mob
spirit with which the jury was sur
rounded during the entire conduct Of
the trial both during and between
trary to established principles of JUS
tice and which unduly influenced the
jury against this defendant.
Because of the picture of circus
maximus which was daily presented
to the jury during all Of the conduct
of the trial and which deprived 1t OF
its calm judgment and reason and
made q mockery of justice.
Because the daily presence Of Col
Charles A. Lindbergh at the trial,
which unduly Influenced the jury to
view him as the real prosecutor and
constantly presented to the jury the
picture Of a bereaved father for whose
sorrow the world demanded a sacri-
flee.
Because of the repeated outbursts
in the court room during the trial
which moved the defendant to pray
for q mistriaI on several occasions but
which motions were denied and which
outbursts unduly Influenced the jury
against the defendant.
Because of the inflammatory sum-
nation of the States counsel, which
went far beyond the evidence and
which unduly Influenced the jury
against the defendant.
Because Of the varying theories OF
the States as to the guilt of the de-
fendant which were unsupported by
evidence but which were presented to
the jury by way of argument OF States
counsel, as founded. upon testimony.
Because the court in its charge to
the Jury by its queries and comments
on evidence portrayed emphatic ap-
proval Of the States theories and wit
nesses and thereby impaired free and
unbiased verdict.
Court Argument Charged.
because the court in its charge to
the Jury was argumentative to a de-
gree which made comments on evil
dence characteristically an act OF
advocacy"
Rosecrans prefaced, In the papers,
the group @" clauses with the as
sertions that:
"The rights of the defendant grant,
ed under the sixth amendment of the
Constitution of the United States
were contravened in that the de-
fendant was not accorded a trial by
a Jury of the State and district where
in the crime was alleged to have been
committed, as the defendant was tried
in the county of Hunterdon instead
of the county of Mercer. and the
Hunterdon County Court of Oyer and
Terminer was therefore without juris-
diction.
"The rights of the defendant guar
anteed under the fourteenth amend
ment of the Constitution of the
United States we're contravened in
that the defendant was deprived of
life and liberty without due process
of law"
Rosecrans said that while the as
signments of error were filed today.
the causes for reversal may not be
until next week.
Alexis Mdivani in Rome.
ROME, April 20 (R.-Prince Alexis
lkdiua II arriuad here hY Automobile