Evening star., 1935-05-11
HAUPTMANN HITS
JUDGES CHARGE
AZ of 1913 Causes Cited in
Appeal Are Aimed at
instruction to Jury.
Nv the Associated Press.

BY the Associated Press.
BLAIRSTOWN, N. j., May 11.-De-
fense Counsel Egbert RoSecrans dis
closed today that AZ Of the 1913 causes
for reversal of the conviction and
death sentencing of Bruno Richard
Hauptmann for the staying Of the
Lindbergh baby are "errors" in Justice
Thomas w. Trenchard's charge to
the jury.
No defendant has ever successfully
appealed a verdict rendered in the
court of Justice Trenchard, who is
the oldest justice Of New Jerseys
Supreme Court. in point OF service.
Fair Verdict Impaired.
Twenty of Hauptmann's AZ excep-
tions to the charge concern the in
structions of the court to the jury
and the remainder deal with the
courts refusal to charge as requested
by defense counsel.
The charge impaired fair ver-
dict" RoSecranS contended in the ap'
peal filed yesterday. in embracing such
statements as:
1T is argued that the testimony OF
DR.. Condor (who paid over the Lind
bergh 'ransom) is inherently improb-
able and should be in part rejected
by you, but you will observe that his
testimony Is corroborated in large par
by several witnesses whose credibilitJ
has not been impeached in any man
ner whatsoever.
Upon the whole, is there any doubt
in your mind as to the reliability ol
Dr. Condon's testimony"
Ffsch Angle Cited.
"The defendant says that these ran.
som bills. moneys, were left with hin
by one Fisch, a man now dead. d.
you believe that?"
That the ladder was there seem;
to be unquestioned. II it was not there
for the purpose of reaching that nur.
sery window, for what purpose was il
there?"
Does not the evidence satisfy vol
that at least part of the wood from
which the ladder was built came ou'
of the flooring of the attic of the de.
fendant?"
with regard to the testimony O.
Amandus Hochmuth. octogenariar
States witness, who placed Haupt
mann at Hopewell on the day of th'
kidnaping) do you think that ther,
Is any reason, upon the whole, to doub
the truth of the old mans testimony,
May he not we'll and easily have re
membered the circumstance, in viev
of the fact that that very night tn,
child was. carried away?"
| Contrast in Attitudes.
Throughout much of the appea
document, the defense stressed tn
States contrasting attitudes towar,
Hauptmann and Col. Charles A. Lind
bergh.
The appeal charges that "the cour
erred in failing to state to the jur,
that they might also take into con
sideration besides the defendants in
| terest, the interest of Col. Lindbergh
| the father OF the child, and that o
his relatives and servants who testi
fed although such fact was materia
to the issue"
It states that the constitutions
rights Of Hauptmann were denied, il
one respect, because of the dali
presence of Col Charles A. Lindbergl
at the trial which unduly influence,
the jury to view him as the rea
prosecutor and constantly preSenteu
to the jury the picture of a Dereavet
father for whose sorrow the world de
! manded a sacrifice"
A long citation of errors" was bull
around many of Attorney Genera
Wilentz's descriptions of Lindbergh a
-the most popular and most sloriou
man in the world" and of Hauptmanl
as "an animal lower than the loves
form in the animal kingdom, public
enemy No. / of this world"