The Waterbury Democrat., 1935-02-11
LIFE OF ACCUSED
 MAN IS AT STAKE
tcontinued from Page l.,

lu6Su LO dOk ubbACO " instruct the jury it could return verdicts of second degree murder or manslaughter. Reilly insists upon one of three verdicts, guilty of murder in the first degree, (which would mean death), guilty of murder in first degree with a recommendation for mercy. (life imprisonment), or acquittal. He said he was confident the verdict would be the latter.
 Justice Trenchard accepts sug- gestions from each side as to the form of his charge, but he is the final interpreter of the law. In or. der to admit the lesser verdicts of second degree murder or man. slaughter, he must admit the pos- sibility of the state not having proved a burglary. (The state charges the baDy was killed by Hauptmann while he was commit ting a burglary). It was not be. lieyed Trenchard would compro- mise the bench to that possibility.
 Reilly Is Confident
 Reilly has obtained many an ac- ouittal through his persuasive powers and today he will be using those powers in his most sensa- tional case. Easing his major plea on the premise that a reasonable doubt of Hauptmann's guilt has been established, he will beg for the life of his client.
 Throughout his conduct of the case. 1t has been his sole purpose to inject suAacient doubt into the minds of the middle-class jurors to make them fearful of returning a capital verdict.
 Even his "shots in the dark" were calculated to SOW suspicion, absurd though many of them were. His insinuations that the crime might have been committed by Henry (Red) Johnson and Betty Cow, that the late Violet Sharpe had a hand in it, that the govern ment "manufac ctured" ladder evi- dence, that it "substituted fictitious characters for real criminals" may have been torn to pieces by the cold logic of the state, but they may also have contributed to the hope for reasonable doubt.
 Reilly planned a bitter attack on the evidence of Dr John r. Con- don, the "Jafsie" who identified the Bronx carpenter as the extortioner who tool Colonel Lindbergh's $50,- 900 in St Raymond's cemetery. In doing it, he promised to plant the suggestion that Jafsie himself knew more about the Lindbergh crime than the state revealed.
 Heaviest Thunder
 His heaviest thunder, it was in- dicated. was reserved against the succession of Identification wit nesses who placed the hollow checked machine gunner at or near Hopewell on the night of the Kid. naping and in Woodlawn. and St Raymond's cemeteries during the ransom negotiations.
 He said he would declare Colonel Lindbergh mistaken in his identi- fication of Hauptmann's strange metallic voice, as that of the Bronx extortioner-and blame the state of mind of q bereaved father for the error.
 The general thesis of his sum- nation was to be "persecution by the blundering police of New Jer- sey who, having failed to solve the crime problem, resorted to plant ing evidence against Hauptmann Tn their records"
 During the last days of evidence taking, Hauptmann was dlscour- aged, but now is said to be his as- gured self again, looking forward to vindication. His wife and his baby, Mannfried, visited him at the jail yesterday afternoon and ne played "horsey" with the child Tn a barred corridor.
 Mrs Hauptmann left her poaro' ing house wheeling the baby Tn ms carriage just at the hour when the jury was to leave the Union hotei for an afternoon walk. The jury was herded inside until she passec. On her way back she stopped the carriage in the middle of the street directly in front of the hotel ana A great crowd gathered to admire little Mannfried. The jury. how ever, was kept indoors by its guardians. Last Sunday Mrs Hauptmann took the child to the jail just as the jury was leaving the hotel.
 The jury guardians denied they had specific instructions from Jus tice Trenchard to prevent 1t seeJ ing Mrs Hauptmann and her child. Trenchard said the jury was not to see anything that might lnnu- ence its verdict, and the guardians took their authority from that.