Evening star., 1935-11-21

itentiary.
By the Associated Press.
The State of New Jersey today
urged the Supreme Court not to re-
view the conviction of Bruno Richard
Hauptmann for kidnapping and slay-
ing the Lindbergh baby.
A 30-page brief, filed by Joseph
Lanigan, assistant States attorney
general, concluded with these words:
1T Is respectfully submitted that
the petitioner (Hauptmann) has not
shown himself to have been deprived
Of any right accorded him by the four
teenth amendment, and, further, that
he has been convicted and is now helt
in custody under due process of law
within the meaning Of the Constitu-
ton"
Hauptmann recently appealed to the
highest tribunal to save him from the
electric chair. He criticized the ac-
tivities of the attorney general of New
Jersey, David T. Wilentz, and asserted
the celebrated trial at Pennington re-
sembled circus"
Position of Prosecution.
Replying to these contentious. the
New Jersey brief summarized its ar
gument as follows:
"The summation of the attorney
general was based on the evidence.
"The cross-examination of the Pc
titioner was proper.
There was no variance In the
theory Of death.
THE courts charge was in accord
ance with the law and the facts.
The jury was properly sequestered.
mo constitutional right has been
denied"
Reasons given why Hauptmann
should die in the electric chair were:
ION the night of March /. 1882,
Charles A. Lindbergh, jr., an infant,
was kidnapped and murdered"
1.-The petitioner CHauptmann) was
identified as the recipient of the
money" CReferring to $4,000 ran
som.)
1.-The petitioner was identified as
the writer of the ransom notes"
'The corpse was conceded to be
that of the Lindbergh baby"
Seen Near Lndbergh Home.
Petitioner was seen in the irnnle-
date vicinity Of the Lindbergh home
on said March /, 1882 Date Of the
kidnaping0 He was driving an auto
mobile which contained a ladder"
"On September Is, 1884, petitioner
rendered $40 gold note at gasoline
station in New York City. The note
was identified as a Lindbergh ransom
note
"A vast amount Of the Lindbergh
ransom money" was found at Haupt-
mann's home in the Bronx.
I'm a closet in his home, written
on a piece of board, was the address
and telephone number of DR.. Condor
/ (Jafsie)." (Ransom negotiator.)
'The floor board in his attic and
one of the rails of the kidnap ladder
were once the same piece of lumber"
After payment of the S50.000 ran.
som money on April 2. 1882. petit
toner devoted his time to stock
market speculation"
Decision Next Month.
A decision by the Supreme Court
may come on December whether to
review the conviction. New Jersey
had until December to reply to the
Hauptmann appeal and an earlier de-
cision is made possible by the States
speedy action in filing today's brief.
Hauptmann had contended the pros
ecution at one point of the trial
claimed the Lindbergh infant was
killed while being carried down the
ladder in the process of the kidnapping
and injected only in the summation
the theory the child was killed in the
bed room.
A statement by Dr. John F. Condor.
"Jafsie" of the Lindbergh case, that
he expected Hauptmann to confess
and that Hauptmann had sent for him
three times since being convicted
brought from c. Lloyd Fisher, a de-
fense attorney, the assertion in Tren-
ton yesterday that mo such thing ever
happened"
Col. Mark o. Kimberling, prison
warden, said Hauptmann had not
asked him to communicate with DR..
Condor. The warden said such a re-
quest might have been conveyed
through Hauptmanns spiritual ad-
wiser, the Rev. D. G. Werner of New
York City.
Fisher said no such request had been
made either through MIR. Werner or
= ".