The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-02-13
e. O N TIN UE n
from page ono.
Possible Verdicts
Are Death, Life in
Prison, Acquittal
Hartmann Rack In Cell

Hauptmann Back In Cell
Hauptmann was led from the court
room, back to his cell, when the at
torneys completed their arguments
on the charge. Instructions were not
to bring him back until the jury Is
ready with verdict.
When the verdict comes, the court
ruled, only the interested parties, In
GLIDING Mrs. Hauptmann, the attor-
neys and the press are to be allowed
In the courtroom. The room was
cleared, with the exception OF these.
at the request OF Attorney General
David +. Wilentz.
A short time later Mrs. Hauptmann
made her way through the crowds to
the yellow frame house where she
has been staying. She will wait there
for the tolling Of the courthouse bell.
which will mean verdict.
See Misconception Of Evidence
In the defense argument over the
instructions, Frederick A. Pope Of de.
Tense counsel said he thought the
Judge had "a serious misconceptton
Of the evidence In referring to the
thumbguard as having been tied to
the baby's sleeping suit.
"Our recollection Of the evidence"
said Pope, lis that this thumbguard
was tied around the wrist Of the
child, but on the outside Of the Sleep
ing suit and in no way fastened to
the sleeping suit
Pope argued that the state had
made a Kaleidoscope change" be-
tween its opening at the beginning
Of the trial and It's final summation at
the end.
In its opening, he said, the state
said 1t would prove that the child was
killed when the ladder broke and in
its summation argued that the blow
was struck In the nursery.
No evidence, he added, would sup
port either Of those theories.
Justice Trenchard's charge, though
brief, was sharp and to the point. It
reviewed q number Of the defense
contentious with conclusions Of DO
you believe that?"
On the states important ladder evi-
dence, the court asked the Jurors:
Does not the evidence satisfy you
that at least q part Of the wood from
which the ladder was built came out
of the flooring Of the attic Of the de-
fendant?"
If you find that the murder was
committed by the defendant In per-
petrating burglary it is murder in
the first degree" the court said, even
though the killing was uninten-
tional."
If there is a reasonable doubt that
the murder was committed by the de-
PENDANT In perpetrating Z burglary,
he must be acquitted.
May Recommend Life
IF you find the defendant guilty OF
murder in the first degree you may.
If you see fit, by your verdict and as
a part thereof recommend iaprisoa-
ment at hard labor for life"
He asked the jurors II there was
any doubt in their minds as to the
reliability Of the testimony Of DR..
John F. (Jafsie> Condor, the ransom
Intermediary who said he paid
Hauptmann Lindbergh's $4,000.
He asked them II they believed the
defense contention that . gang per-
petrated the crime.
Referring to the testimony Of Ar
thur Koehler, wood expert. on the
ladder, he said:
''You should consider the marks up
on the wood and give the evidence In
respect thereto such weight as you
think it entitled to after cousidera-
ton Of the credibility Of the witness"
Hauptmann Truth Questionable
As to Hauptmann's own testimony:
Ills interest in the result may be
taken into consideration on the ques-
ton Of whether he Is telling the
truth. His previous convictions Of