Evening star., 1935-02-14
DEATH STAY PLEA
TO START APPEAL
Will Be First Move-High
Court Expected to Re-
fuse Case Review.
BY the Associated Press.


PENNINGTON, N. j., February
IA request for stay Of the death
sentence imposed upon Bruno Rich
ard Hauptmann will oe the next move
of his attorneys If they 60 forward
with their announced intention OF
appealing his conviction.
Edward j. Reilly. chief counsel, said
the defense would fight the conviction
all the way to the Supreme Court
of the United States II necessary
That court, however, has consistently
declined to review any case In which
no Constitutional question Is in
volved.
The bulk Of the defense exceptions
were based upon the final charge given
to the jury by Justice Thomas w
Trenchard.
The defense took a general excep-
ton to the whole charge and then
recited numerous assertions Of the
court for which they begged and were
allowed specific exceptions.
"Misconception" Charged.
The attorneys charged the justice
erred in not leaving various portions
of the evidence to the recollection Of
the jury, and in one instance sale
the court had a serious misconcep-
ton" of the evidence. This concerned
the courts recital Of testimony that
the baby's thumb guard had been tiec
to its sleeping suit. The defense sale
the testimony was that the thumb
guard was tied to its wrist.
This thumbguard was found hun
dred yards from the Lindbergh home
by Betty Cow, nursemaid, month
after the crime, and the State con-
tended it fixed the place where the
sleeping suit was ripped from the
dead child-thus supporting the
theory that the child was murdered
in Hunterdon County. The body was
found in Mercer County.
Language Assailed.
The courts language in its in.
Structions also was the target o.
defense objections.
LAS seems likely"-was one phras,
the court used when it discussed tn,
State contention that a ladder wa!
at the Lindbergh nursery window
for the kidnaper's purpose of entry.
Other phrases which the defens.
contended the justice should not have
used we're:
do you believe that?" when h,
discussed the defense theory that {
gang perpetrated the crime.
Upon the whole, is there any doub
in your mind as to the reliability O.
DR.. Condon's testimony" when h,
discussed DR.. John F. (Jafsie) Con
don's identification of Hauptmann.
Questioned Fisch Angle.
do you believe that?" when h
discussed Hauptmann's story that tn
dead Isidor Fisch gave him a sho
box to keep and that the shoe DO,
contained, unknown to Hauptmanr
the $14600 ransom money which wa
found in his garage.
do you think that there is an
reason on the whole to doubt the oil
mans testimony" when he discusse
the Identification Of Hauptmann q
man with ladder in a car near tn
Lindbergh home on the day Of tn
| crime by Amandmus Hochmuth, age
Sourland resident.
Does not the evidence satisfy 70,
that at least a part of the wood from
which the ladder was built came on
of the flooring of the attic of the de
fendant?" when he discussed the ex
pert testimony given by Arthu
Koehler, Government wood techni
clan.
The defense also fought the admis
sion Of the ladder to evidence, hold
ing that 1t had been taken apart b,
the police and reconstructed. Their
were many other objections durinl
the testimony, but none so vigorous a
those taken to the charge.
State Must Aid Appeal.
Hauptmann's death sentence, hi
attorneys said, assures that part O
the expense Of an appeal must b.
borne by the State, since the defens,
will plead that he is without funds.
A hint that the State may figh
such contention came in the Summa
ton of Attorney General David 7
Wilentz, who charged then that tn
defense was financed by "cranks
idiots and fools-un-Americans," an,
that it had spent more money thai
the State.
The main objections to the charg
were voiced by Egbert Rosecrans TO
the defense. Reilly added to them al
objection to what he said was
comparison between the defense an,
State witnesses when the justice spok
Of the prison records of several O
Hauptmann's alibi witnesses.
Reilly also objected because Justic
Trenchard told the jury to take int
consideration Hauptmann's interes
in the outcome when determining tn
credibility of his own testimony. TIL
defense chief thought the justic
should have given the same instruc