Evening star. [volume] (Washington, D.C.) 1854-1972, 1935-02-13
Judge Outlines Duty to Jury,
Explaining Reasonable Doubt
Trenchard Recalls High Points in
Testimony, but Says Panel Must
Decide Question for Itself.

minutes following the actual fractural
occurrence It is the contention OF
the State that the fracture described
by DR.. Mitchell was inflicted upon the
child when it was seized and carried
out of the nursery window down the
ladder and when the ladder broke.
Now. the ladder has been placed in
evidence. Its broken condition when
found in the yard has been described
to you.
The fact that the child's body
was found in Mercer County raises a
presumption that the death occurred
there; but that, of course, is rebuff
table presumption, and may be over
come by circumstantial evidence. In
the present case the State contends |
that the uncontradicted evidence OF
Col. Lindbergh and DR.. Mitchell and
other evidence, justifies the reasonable |
inference that the felonius stroke &C. |
CURED in East Amwell Township in |
Hunterdon County, when the child i
was seized and carried out Of the !,
nursery window and down the ladder |
by the defendant and that death |
was instantaneous; and from the evil
! dence you may conclude. If you see
! fit. that the child was feloniously |
stricken on the first day of March
at the township of East Amwell In
this county and died as a result OF
| that stroke.
| Secondly, the State, in order to JUS
tify a verdict of guilty, must estab-
liSh by the evidence. beyond a rea-
sonable doubt, that the death was
I ky,% Ln nf dnfnndont
! The uncontradicted evidence is that
| the child was left by the mother and
| the nurse in the nursery, and the
window was then closed.
Ransom Letter
Discovery RetOld.
The evidence justifies the inference,
if you see fit to draw 1t, that the
window was maliciously opened and
the child seized shortly after o'clock
that night. You will, OF course recall
the evidence to the effect that almost
Immediately after it was discovered
that the child had been taken from its
crib in the nursery, there was found
the ransom letter, demanding $4,000,
on the window sill, on which was
placed peculiar symbol and peculiar
punch holes, and stating that direc-
tons would later be given for the de-
livery of the money. There Is also
evidence to the effect that a few days
later Col Lindbergh received a second
letter with like symbols, referring to
the original ransom letter. and reiter-
ating that directions for the delivery
of the ransom money would be given.
Meanwhile, Col. Breckenridge, the
friend and counselor of Col. Lind
bergh, had identified himself with the
case in an endeavor to help his friend.
There is evidence to the effect that
a few days before March. 1882, DR..
Condor had inserted an advertisement
in the Bronx newspaper in effect Of
fering to act as a go-betweer; that
few days later DR.. Condor received
letter in effect accepting his offer
to act as a go-between and inclosing
letter to Col. Lindbergh, telling DR..
Condor that after he got the money
to put words in the New York Amerl-
can that the money is ready, and the
letter to Col Lindbergh said Condor
may act as go-between, to give him
the money, with directions as to the
package, and how thereafter the baby
was to be found.
This letter to Col Lindbergh, as
recall the testimony, contained the
peculiar symbols of the original ran
som letter The evidence Is to the
effect that Immediately DR.. Condor
drove to Hopewel and conferred with
Col. Lindbergh and with Col. Breck-
inridge and, with their acquieseence,
he inserted the advertisement, Il &C
cept; money is ready"
DR.. Condor testified that shortly
thereafter he received a letter ad-
dressed to him, and delivered to him
by a taxicab driver. giving him in
structions how to proceed. The taxi
cab driver testified that he was given
that letter by the defendant, Haupt-
mann. DR.. Condor testified that as a
result of the directions contained in
that letter and another letter, he trst
had, on March IL, 1882, an interview
in Woodlawn Cemetery with a man
whom he identifies as the defendant,
after talking with him for more than
an hour. In that interview DR.. Con-
don said that the defendant, after
having run away from the gate, said.
among other things, lit is too danger
GUS Might be 20 years or burn. Would
burn if the baby is dead3 am only
a go-betWeen."
Flyer Complied
With Directions.
DR.. Condor also testified in effect
that The defendant said that the baby
was being held on boat by others,
that I'VE are the right parties" that
the baby was held in the crib by
safety pins, and he said that he would
send the sleeping suit. DR.. Condor
further testified that later he re-
ceived the sleeping suit and other
letters containing further directions,
and finally a letter directing that the
money be ready by Saturday night
and to put an advertisement In the
newspaper, Everything O. x" and
that these directions were complied
with by him (Condom with the &C
quiescence of Col. Lindbergh and Col.
Breckenridge, the latter Of whom had
been in close ouch with DR.. Condor
during practically the whole OF the
ransom negotiations.
There is testimony to the effect
that on this Saturday night, April 2,
1882, there was delivered to DR.. Con-
don's residence a letter containing
further instructions, and that as
ree,,lt fbareof IN that evening Col