Evening star., 1935-05-02
CHARGES
Jury INFLUENCED
Trial Conducted Improperly
Counsel CIaims-Rulinq
Due Today.
By the Associated Press.

By the Associated Press.
TRENTON, N. j., May Bruno
Richard Hauptmsnns counsel charged
today the jury which convicted him
of the Lindbergh baby murder was not
properly seqLestered. resulting in "un-
due and improper influence" upon 1t
by persons outside the courts juris-
diction.
Counsel appealed 10 the New Jersey
Court of Errors and Appeals for
permission to take testimony 10 sup
port it's allegations A motion for
oral argument was denied and the
court announced it would decide the
case later today on briefs. In their
brief, the defense attorneys. Egbert
Rosecrans. Frederick A. Pope and c.
Lloyd Fisher. charged undue" infiu-
ence on the jury In the following par
ticulars:
Willentz's Arguments Attacked.
Attorney General David T. Willentz' s
opening address TO the court and jury,
and his summation:
Prosecutor Anthony NJ Hauck s
opening to the court and jury at the
conclusion Of the taking Of testimony;
The daily presence Of Col. Charles
A. Lindbergh and "other prominent
personages" and their Close proximity
to the jury during the sessions:
The repeated outbursts OF specta-
tors In the court room:
The confusion and disorder reign
ing in the court room during sessions
Of the court:
The stories carried bv press and
radio before the trial. which conveyed
10 the Jury panel q picture Of the de-
fendant as a hardened criminal and
a man OF steel who would be likely
TO commit the crime for which he was
charged"
The failure to actually sequester
the jury during the trial and separate
Il from the mass Of the community
and the resultant expressions of pub
lie opinion which were conveyed to
them;
> Objects to Jurors Meals.
Failure" Of constables to comply
with their oath. ''in that meat and
drink was supplied to the jury dur
ing the time that they deiiberated
upon their verdict. which was contrary
to ancient practice;
Advising the jury that II the verdict
was not rendered by q certain hour
the presiding justice would leave the
court house and they would not be
able to render their verdict until the
following morning.
The brief charged that as the jury
walked back and forth from the Union
Hotel to the court house the crowd
shouted such phrases as burn that
Dutchmsn." do not let Hauptmann
get away with it," and send him TO
the chair"
THE jury was not transported to
and from the court room with any
degree Of privacy, nor. were they prop
erly accompanied" the brief said.
Charges Jurors Heard Comment.
"They were so surrounded by people
In the trips to and from the court
house that people could reach out
and touch the jurors. Every word
IiidI WdS S<sO dS tLicy paoSCN w. S'Sh
whispers. could have been heard by
the Jury. On their trips to end from
the court house they we're daily con-
fronted with numerous newsboys cry
ing the sale of papers"
Defense counsel also said the Union
Hotel was the center of activity and
any and all remarks" made by per-
sons In the street or about the hotel
were clearly audible" to the jury.
Arrangements for feeding the jury
were termed "the worst failure Of all"
counsel observing that the jurors ate
in the same dining room with all
customers OF the hotel
The brief said radio broadcasts
given within easy earshot Of the
entire jury" were almost entirely
sntaeonistic to the defendant"
Attorney General Wilentz. filing a
brief memorandum for the State, said
the defendant was entitled to
speedy and public trial. which right
was accorded him"
THE control Of the proceedings were
always under the supervision of the
presiding justice" he said. These
proceedings were conducted with dig
nifty, impartially and courteously and
In 4 manner to reflect deep credit upon
the justice"