Evening star. [volume] (Washington, D.C.) 1854-1972, 1935-02-13
HAUPTMANN FATE
IN HANDS Of JURY
Group Retires After Judges
Charge-Court Review Is
Praised by Both Sides.
Continued From First Page.)

Continued From First Page)
COUNSEL think it covered the sit
uation fairly we'll"
Doors Ordered Closed.
The instructions began shortly after
court opened at 1902 am. The
judge polled the jury, asked if the
defendant was in place and remarked
The officers will now close the
doors and not let any people in or
out until the jury has been instructed
and retired"
All of the principals sat quiet and
most of them showed the strain OF
the long trial Hauptmann was gray
faced as usual His wife, a few seats
away. appeared haggard. Col. Lind
bergh watched the judge intently, his
face serious.
The judge told the jury it must be
guided by the principles of law which
he would set forth. He added that
they were the sole judges of evidence.
however
You must not consider what shall
say concerning the evidence as being
accurate, but you must depend upon
your own recollection. You must not
only consider the evidence to which l
shall refer. but you must consider all
of the evidence in the case"
Explains Legal Points.
He explained the point of law which
requires the defendant to be proven
guilty beyond a reasonable doubt be-
fore a conviction can be found.
If there be reasonable doubt
whether the defendant be guilty he
is to be declared not guilty.
The evidence must establish the truth
of the fact to a moral certainty, GER
tainty that convinces and directs the
understanding and satisfies the reason
and judgment of those who are bound
to act conscienciously upon it"
Reviewing the States evidence, the
court remarked:
The fact Of death seems to be
proved and admitted.
There is evidence from which you
may conclude, if you see fit. that the
person who carried away the child,
entered the nursery or child's bedroom
through the southeast window of the
nursery room by means of ladder
placed against the side of the house,
under or near the window, and this
occurred shortly after 9 o'clock at
night
Judge Trenchard reminded the jury
of the scene about the Lindbergh
house when the baby was stolen on
the night of March l, 1882. He re-
called that Col Lindbergh testified he
heard a crash that sounded like WOOD
on wood and that thereafter a broken
ladder was found.
Recalls Servants Stories.
Miss Betty Cow and Mrs. (Ollie)
Whateley testified that later, about
April l, 1882" the court went on.
they found the thumbguard, which
Miss Cow had securely tied to the
wrist of the child's sleeping suit when
she put him to bed; that they found
this thumbguard in the road leading
from the Lindbergh home and on the
Lindbergh property. with the Knot
still united, from which you may pos
sibly conclude that the sleeping suit
was stripped off of the child at that
place"
The jury was instructed that it may
conclude from the evidence that the
baby was stolen by some one who
entered the nursery of the Lindbergh
home through the window by means
of a ladder.
The defense had contended the baby
was carried down the stairs of the
home by some one on the inside
and that the ladder was plant.
Sleeping Suit Cited.
The court also charged the jury that
it may conclude the baby's sleeping