Evening star. [volume] (Washington, D.C.) 1854-1972, 1935-02-13
Nv the Associated Press.

the jury trying Bruno Richard Haupt-
mann for the Lindbergh baby murder;
Ladies and gentlemen of the jury
The prisoner at the bar, Bruno
Richard Hauptmann, stands charged
In this indictment with the murder
of Charles A. Lindbergh, jr., at the
township of East Amwell in this
county on the first day of March, 1882.
1t now becomes your duty to render
a verdict upon the question of his
guilt or mis- innocence and upon the
degree of mis- guilt if guilty. In doing
this you must be guided by the prin-
ciples of law bearing upon the case
that I will now proceed to lay before
you.
In the determination of all questions
of fact, the sole responsibility is with
the Jury. You are the sole judges
of the evidence, of the weight of the |
evidence, and of the credibility OF the |
witnesses. Any comments that may |
make upon the evidence will be made, |
not for the purpose Of controlling you !
in your view of the facts, but only !
to aid you in applying the principles
of law to the facts as you may find |
them. You must not consider what l
shall say concerning the evidence as
being accurate, but you must depend
upon your own recollection. You must
not only consider the evidence to which
I shall refer, but YOU must consider
all of the evidence in the case.
Innocence Presumed
Until Shown Guilty.
In this. as in every criminal case,
the defendant is presumed to be in
nocent, which presumption continues
until he is proved to be guilty
To support the indictment and to
Justify a conviction, the State must
prove the facts sufficient for that pur-
pose by evidence beyond reasonable
doubt and that burden never shifts
from the State. If there be reason
able doubt whether the defendant be
guilty. he is to be declared not guilty.
Reasonable doubt is a term often
used, probably pretty we'll understood,
but not easily defined. 1t is not
mere possible doubt, because every
thing relating to human affairs and
depending on moral evidence is open
W SOIIIG pOSSLblG vi ana bAA4oAS NCNSN'
It is that state of the case which,
after the entire comparison and con-
Sideration of all of the evidence leaves
the minds of the jurors in that condl-
ton that they cannot say that they
feel an abiding conviction to moral
certainty of the truth of the charge.
The evidence must establish the truth
of the fact to moral certainty, a
certainty that convinceS and directs
the understanding and satisfies the
reason and judgment of those who
are bound to act conscientlously
upon it.
But if, after canVaSSing carefully the
evidence, giving the accused the bene-
fit of reasonable doubt, you are led
to the conclusion that the defendant
is guilty, you should so declare by your
verdict.
Must Establish
Case Beyond Doubt.
To make out a case of guilt, the
State must establish by evidence be-
You'd a reasonable doubt, first, the
death Of Charles A. Lindbergh, Jr,
as a result of felonious stroke in
f1icted on the first day of March, 1882,
at the township of East AmWell in
this county.
To support that charge the State
has produced evidence to the following
effect: The fact OF death seems to be
proved, and admitted. At the time OF
his death the child was about 20
months old on the evening of March l,
1882, the child was prepared for bed
by its mother and its nurse, Betty
Cow, at the Lindbergh home in East
AmWell Township in this county.
The evidence is to the effect that the
child was then in good health, nor
NAL child except for slight cold; that
the mother and the nurse securely
fixed the covering about the child and
about o'clock left the room and
closed the window; that between that
hour and 10 o'clock the child was re-
moved from the bed by some person
and carried away with the clothing
in which it had been put to bed, which
clothing has been described to you.
There Is evidence from which you
may conclude, if you see fit, that the
person who carried away the child
entered the nursery or chlld's bed
room through the southeast window
of the nursery room, by means OF a
ladder placed against the side Of the
house, under or near the window, and
that this occurred shortly after 9
o'clock at night.
You will recall the evidence OF
Col. Lindbergh to the effect that as
he was sitting in his living room
downstairs, he heard strange noise
about that time, the sound of wood
on wood, like the striking of two
pieces of wood together, like the
boards of crate falling together of
of stand or chair.
Recalls Testimony
OF Col Lindbergn.
Col. Lindbergh testified that he
could not tell at the time where the
sound came from, and at the moment
he did not think much about it. Later,
at about 10 o'clock, when the dis
appearance of the child became
known, a strange and broken ladder
was found. about so or 10 feet from
the southeast window, with indica-
tions that it had been used in enter
ing and leaving the window: and also
there were the imprints OF a mans
shoe in the soft ground under or near
the window.
Miss Cow and Mrs Whateley testi-
fed that later, about April !, 1882,
they found the thumbguard, which
Miss Cow had securely tied to the
wrist of the child's sleeping suit
when she put him to bed, that they
found his thumbguard in the road
leading from the Lindbergh home and
on the Lindbergh property. with the
knot still united, from which you may
possibly conclude that the sleeping
suit was stripped of OF the child at
that place.
There is also evidence to the effect
that there was a dirty Smudge on the
bed clothes, and also on the floor OF
the nursery. leading from the Wlnoo"
to the child's crib, and ransom letter
ell Tatnr the