The Waterbury Democrat., 1935-02-13

that very night the child was talk en away"
 Justice Trenchard told the jurors to weigh the testimony; the credib- ility of other witnesses who testi- fled that the defendant was seen in the vicinity of the Lindbergh estate.
 "The defendant has produced some testimony beside his own that he was in New York on the night of March 1, 1892, and that on April 2, the night the ransom was paid, he was at his home. "You should consider the fact where it is the fact, that seVera of the witnesses have been con. vinced, and determine if that af. fects their credibility. Where it appears that witnesses have made contradictory state ment you should consider that in determining credibility.
 "The evidence of the state is largely circumstantial.
 If there is reasonable doubt of any fact necessary to establish guilt, the defendant must be ac- quilted.
 "The crime of murder is not al- ways one committed in the pres ence of others.
 "Where the set of circumstances are proved, this evidence should be considered convincing in arriving at a decision"
 Justice Trenchard said that If the state had proved the child was killed by the defendant, and dur ing the perpetration of felony, then it is murder"
 He quoted the statute that mur- der committed during burglarly was murder in the first degree.
 "The state contends that the murder in this case was perpetrat- ed during burglary and is murder in the first degree.
 "I charge you that if you find murder committed in the perpe- tration of a burglary, 1t is first de- gree murder"
 "If the defendant entered the Lindbergh house by night, wilfully and with intent to commit bat tery on the child, 1t is burglary.
 "If the fracture of the skull was inflicted and the child carried out and down the ladder, which broke, then it is murder in the first de- gree.
 eff there is a reasonable doubt that the defendant committed the murder in the first degree during the commission of a robbery, you must acquit him.
 If you find the defendant guilty of murder in the first degree, you could return verdict for life sentence.
 "If you find a verdict of murder in the first degree without recom- mendation, the defendant must be punished by death. .f
 'If you recommend life. you shall make that q part of your verdict"
 Frederick Pope of defense coun- sel objected to the portion of the judges charge in which it was said that the child's thumb guard was found by Miss Cow and Mrs Whately.
 Justice Trenchard apparently was overruling Pope's motions, be- cause he could be heard saying:
 You may have an exception to that, MT Pope"
 Pope continued to present his lengthy list of objections to the courts charge. The courtroom was restless. Lindbergh and Haupt- mann were sitting two seats apart. Justice Trenchard was overruling Pope's objections as fast as he made them.
 May l also have a general ex- ception to the charge, your honorW Pope asked.
 "Yes, the statute so provides. You may have your general excep- tion," the court replied. Hauptman, legs crossed, shifted uneasily in his chair. Three seats away Colonel Lind bergh leaned forward to chat with friends.
 The courtroom was restless as | Egbert Rosecrans and Lloyd Fish CT, of defense counsel, took up where Pope left off. Each was ob1ecting to portions of the judges charge. At 12:1O D. m. Justice Trenchard ordered the court room cleared of all spectators, permitting none but newspaper correspondents to re- main in their seats. He remanded Bruno Richard Hauptmann to the custody of the sherihi until the jury returns a verdict. All spectators, 1t was an nounced, will be excluded until af- ter the verdict has been announcel, Court then recessed to await the raturn of the jury.