, 1935-04-21
SUPREME BODY
May GET BRUNO
DEATH APPEAL
Hauptmann Lawyer
Scores Trenchard In
Brief Of Assignments
Of Error Filed

BLAIRSTOWN. N. u, April 20.
tPp-Egbert Rosecrans. Of coun-
sci for Bruno Richard Hauptmann,
announced Saturday the Hauptmann
case would be taken TO the United
States supreme court II necessary.
Roeecrans filed with the proeecu-
tion l4s assignments of error "a the
opening step In the appeal 70 the
highest New Jersey court from the
conviction, and death sentence, Of
the Pennington trial court
Setting forth In blunt terms for
NAL condemnation OF the court. the
prosecution. the presence OF Colonel
Charles A. Lindbergh nj the tnal, the
press and the circus maXimus' OF
the action In general. which ended
with conviction and death sentence
for his client. Rosecrans listed under
group O. reasons why the case
should be- admitted To the u. III. Su-
preme court
Undue Influence
Rosecrans announced he n filing
Immediately the assignments OF err
ror Of the judgment that provided
FOR the electrocution OF Hauptmahn,
who Is now in the Trenton death
house. A copy. he said. will be served
on Anthony M. Hauck. Hunterdon
county prosecutor.
The attorney whose last IL muir
der cases have resulted I'm Spectac-
ular acquittals and who undertook
much or the legal work connected
with the trial and the appeal, com
planned that the verdict against
Hauptmann was against the weight
OF evidence and he charged the
court. presided over by the senior
Justice OF the New Jersey supreme
court. Thomas w. Trenchard, with
"impairing N free and unbalsc
verdict
Rosecrans said the papers we're
signed by himself and Judge Fred
erlck A. Pope aS counsel, and g. Lloyd
Fisher rs attorney.
The assignments OF error and
causes for reversal are listed in Ia
divisions marked alphabetically from
A 10 4. and they embrace the rulings
of the court Oh the admission and
rejection Of testimony and evidence
and exceptions TO the charge OF the
court and the refusal Of the court
Co charge as requested.
Group c." sets forth reasons why
TIE rights OF the defendant were
violated. Rosecrans said. under the
consultation or the United States.
Mob Spirit
They included:
Because o. the biased and exag-
reratcd newspaper reports and stor-
les which we're communicated 70 all
citizens OF the county. state. and
nation for months before the trial
and which unduly inflamed the
members OF the jury panel against
this defendant and caused II 10 lose
sight OF the rule OF Law that a de-
PENDANT is innocent until proven
guilty beyond a reasonable doubt.
Because OF the h~ysterlcal mob
spirit with which the jury was sur
rounded during the entire conduct
of the trial both during and between
sessions of the court, which was
contrary to established principles OF
Justice AMI which unduly influenced
The Jury against this defendant.
Because Of the picture Of a circus
maximus which was daily presented
tD the jury during all of the conduct
of the trial and which deprived II
cf its calm judgment and reason and
made a mockery OF justice.
Because the daily presence OF Col,
Charles A. Lindbergh az the trial
which unduly influenced the jury 10
view him as the real prosecutor and
constantly presented to the jury the
picture Of a bereaved father for
whose sorrou the world demanded a
sacrifice.
Because od the Inflammatory
summation of the states counsel,
which went far beyond the evidence
and which unduly influenced the
Jury against the defendant.
Because the court IN It's charge
to the jury was argumentative TO a
degree which made comments on
evidence charactenstically an act OF
advocacy"