The Waterbury Democrat., 1935-02-13
Text Charge By Justice Trenchurd
dcontinued from Page n

 in rapt attention. Justice Trench ard, speaking slowly, enunciated each word precisely.
 TO make out q case of first de- gree murder, the state must prove:
 "First--The death of Charles A Lindbergh as the result of a felO- nious stroke on the night of March 1, 1892, in Amwell township.
 ITO support that charge the state has produced evidence to the following effect:
 The fact of death seems to be proved. At the time of death the child was 20 months. On the eve ming of March 1. 1882 the child was prepared for bed by it's mother and Betty Cow"
 Justice Trenchard said the state had given evidence the child wss normal and in good health excep. for a slight cold.
 That between that hour and 10 o'clock the child was carried away with it's clothing: which clothing has been described to you.
 There is evidence from which you may conclude as you see fiji that the person who entered the child's bedroom entered by means of a ladder through the southeast window sometime after 9 o'clock.
 You will recall the evidence of Col Lindbergh that as he was sit ting downstairs he heard strange noise-the sound of wood on wood
 Col Lindbergh testified he could not tell where the sound came from and at the moment did not think much about 1t.
 Later. at about 10 o'clock, when the disappearance of the child be- came known a strange ladder was found.
 "There was evidence 1t had been used.
 Miss Cow and Mrs Whately testified later, that about April l, that they found the thumb guard that had been tied to the sleeping suit. with the knot still united.
 From which you may conclude the sleeping suit was stripped from the child.
 There is also evidence to the effect that there was smudge on the bedclothes; also on the nur- sery floor leading from the win dow to the crib. And there was a ransom note left on the window sill.
 Later the child's dead and de- composed body was found by q colored man in shallow grave a few miles away.
 "Dr Mitchell, who performed the autopsy, said the child died of q fractured skull as result of external violence.
 "It was g. very extensive frac- ture.
 He further testified that in his opinion, death was instantaneous or within Q few minutes.
 "It is the contention of the state that the fracture was inflicted the ladder broke.
 "The ladder is in evidence"
 Hauptmann, his lips compressed, sat with hands in lap, eyes on the judge.
 Lindbergh, listening carefully, with head cooked slightly to one side, sat in his characteristic pose arms folded across chest.
 "And from the evidence you may conclude that the child was felon- ioRsly stricken in East Amwell township in this county, and as a result of this stroke died. Secondly, the state in order to Justify the verdict of guilty, must establish beyond 8 reasonable doubt that the child was dead by an act of the defendant"
 The justice said the uncontra- dicted evidence submitted by the state was that the child was re- moved from it's crib some time after g D. m., on the night of March
 "You will recall that there Is evidence that on the window sill was a ransom note asking $50,0O0 and bearing a peculiar symbol.
 There Is also evidence to the effect that the following day Col onel Lindbergh received a letter with like symbol, referring to the first note and saying that direc- tions for ransom payment would be given later"
 The justice then turned to the evidence relating to Dr Condon and his activities.
 "Dr Condon testified that as a result of this letter and another he met a man he identified as the defendant, and that he talked with him for an hour.
 Dr Condon testified he received the sleeping suit, and another note
 "Col Lindbergh had been in close touch with Dr Condon all during the ransom negotiations.
 "There is testimony that on this night, April 2, 1882. there was de- livered to Dr Condon's home a let ter containing further instructions with the result that Col Lindbergh who was there, drove Dr Condon to St Raymond's cemetery with the ransom money.