The Waterbury Democrat., 1935-06-20

In the morning session, enuiHe at 1:12 D. m., the attorneys for Hauptman argued Is points which they advanced in their appeal. The afternoon session was for the states counter-argument
 Inside Job Revived
 In their argument this morning, ! defense counsel contended that someone inside the Lindbergh home handed the infant son Of Colonel and Mrs. Charles A. Lind bergh out the nursery window 10 the kidnaper. The argument re- vived the inside job" theory. ad- vanced at the trial.
 Standing before the two rows Of black-robed judges = Chancellor Luther A. Campbell and Is asso- ciates compose the court-Fred- erick A. Pope argued:
 "Take the ransom money out of this case and there is not enough other evidence to convict a notori- ous thief of petty larceny
 Egbert Rosecrans had preceded Pope, who completed the defense argument. Rosecrans stood in the center of the quiet court room, be- hind square stand, and spoke in soft, low voice.
 Where Pope was cynical, satirl- cal, explosive, the suave Rosecrans was quiet and dignified.
 Pope Thundcrcd Arguments
 Pope, too, met with significant comment from the court. Through. out his argument, Pope was sub jected to heckling by five of the judges.
 Pope closed the appeal with a laundering peroration:
 "Your honors, it just doesn't add up. It just doesn't make sense.
 "Bruno Hauptmann--nor anyone climbed that ladder Cat the Lindbergh home), went into that room, stole that baby and carried him out.
 "The state changed its theory of how it happened because it had no proof of how or where the baby met its death"
 Justices Well Guarded
 The questions directed at Pope by the judges showed that they were we'll grounded in every phase of the case. At times Pope and Rosecrans appeared to be flustered and groped for answers,
 Rosecrans based his chief argu- ment in a bitter attack on what he called the switch" In the state theories of how the child met his death. He said that Attorney Gen. eral David T. WilentZ, in his clos ing argument, had reversed his story of the Kidnapping and murder as it had been outlined in the in- dictment and in testimony.
 Rosecrans contended that Haupt- mann had been deprived of his constitutional right to trial by due process of law. Repeatedly, he was forced to parry barbed ques- tions from the judges.
 The jurists cited precedents in state and federal statutes and in old English common law as they questioned Rosecrans.
 Concluded Under Protest
 In the end, Pope was forced to conclude his argument under pro- test.
 ! Court was to adjourn for luncheon at 1 D. m, but he asked for five extra minutes. He talked more than ten minutes, when the court stopped him. :. "Give me two more minutes Pope said. ~ Chancellor Campbell refused. "lt isn't fair," he said, i've have only 45 minutes left for lunch"
 Wiientz said he would require 90 minutes at the afternoon ses- sion. The defense then has 10 minutes rebuttal.
 Persistent Justice
 Supreme Court Justice Clarence E. Case was one of the persistent auestioners during the morning argument. .
 "But you made no objection at the time, did you, Mir. Rosecrans v he asked repeatedly. Were you 4 there. in the courtroom Did you participate in the trial? Did you object?"
 Rosecrans answer was that whether any objection had been made or not, Hauptmann's "funda- mental rights could not be taken away from him, and that those rights had been violated through out the attorney generals summa- tion.
 Rosecrans declared the Wilentz speech" was ''intemperate. in- fammatory and wkent far outside the actual evidence"
 He then quoted at length from some of the more specticular phrases used by the attorney gem oral in his last argument to the jury--such phrases as public enemy of the world No. l. the man in whose veins runs ice water"
 Theory Set Up. Torn Down
 Rosecrans pointed out that the evidence had gone to show that the Iindbergh baby was killed by 8 fall when the kidnapcr ladder broke, and declared the state had set up that theory only to tear it down at the end.
 .The attroney general" he said, told the jury that the baby was killed right there in his crib strangled or beaten to death'-and we had no opportunity to reply to that statement"
 Rosecrans obviously was trying to draw a parallel in the Haupt- mann case to a case recently de- cided Tn favor of convicted mur- derer, in which the state had pre- sented alternate theories. But the chief reaction of his black-robed listeners appeared to be that the defense should have made its ob- jections at the time of the alleged error on Wilentz' part.
 MT. Pope and l requested Jus tice Trenchard to charge that this was not deliberate. premediated murder" Rosecrans said, "but he refused to do so. and 1t is to be assumed that the jury acted on the judges charge
 Well, what difference does il make, anyway" asked Supreme Court Justice Frank T. Lloyd.
 Pope took up the second phase of the defense argument. relating to the credibility of the states wit ncsses and testimony.
 Chief Points of Lawyer
 The chief points he brought out were: