Evening star. [volume] (Washington, D.C.) 1854-1972, 1935-06-20
a JUDGES PROBE
HAUPTMANN PLEA
ESCAPE CHAIR
Attorneys Asked Why They
Did Not Raise Objections
at Pennington.
DECISION EXPECTED
EARLY IN AUTUMN
Bruno's Lawyers Emphasize
Varying Theories" Advanced
by Wilentz as to Baby's Death.
BY the Associated Press.

BY the Associated FreSS.
TRENTON, N. j., June 20.-New
Jerseys IA justices of the high court
heard Bruno Richard Hauptmann's
attorneys plead for new trial today,
and wanted to know why the attorneys
failed at the trial to raise objection to
the States arguments.
Only As spectators heard the attor-'
neyS prosecute their appeal behind
locked doors. OF their allotted three
hours, the condemned mans attorneys
reserved is minutes for rebuttal to the
States hour and half this afternoon.
Hauptmann, sentenced to die for the
murder of Baby Charles A. Lindbergh,
jr., remained in his cell in State Prison.
His wife, barred from the hearing.
visited him there. She said she found
him cheerful.
Col. Lindbergh Absent.
Col Charles A. Lindbergh, constant
attendant at the trial of Hauptmann,
was not on hand to hear the appeal
arguments.
Hauptmann's lawyers charged the
trial court erred in permitting Attor-
ney General David T. Wilentz to say
such things of Hauptmann as he'll
be thawed out before he hears the
switch" To a query from Justice
Clarence e. Case as to why he did not
raise objection at the time, Attorney
Egbert Rosecrans replied that Edward
]. Reilly was then the chief attorney
for Hauptmann.
Didn't you have any rights?" asked
Justice Joseph L. Bodine.
Maybe I was too ignorant or
motivated by things l can't explain"
said Rosecrans. Maybe I was
neglectful, but q Judge shouldn't allow
such things to go on"
There we're frequent rumors during
the trial of friction between Reilly
and Hauptmann's other attorneys.
Reilly became separated from the
case shortly after the verdict.
The justices-five of them lay
rnen-asked many other questions,
and interposed many comments dur
ing the argument.
Staying Theory Advanced.
Some Of them:
BY Justice Case-"Was not that
(the finding Of the kidnap ladder in
Hunterdon County, evidence to show
that the child was killed there?"
Hauptmann's attorneys commended the
trial should have been conducted in
Mercer County where the child's body
was found.
BY Justice Harry Heller, after Rose
Grams charged the attorney general
had made last-minute effort to
show a wilful premediated murder
Wasn't that cured by the judges
charger"
characterized as sheer nonsense" the
thought that anybody would enter a
house at night to steal a diaper or
sleeping garment-"It was productive
Of $4,000 Of money of the United
States, wasn't it?"
The chief error alleged by the
Hauptmann attorneys was that the
court permitted the attorney general
to introduce new theory of the baby's
death in summation. The new theory
involved a chisel found under the
Lindbergh window. The State sug-
gested the chisel might have been
used to kill the child.
"n connected, and the chisel was
found on the premises" Justice Case
asked, wasn't the attorney general
justified in using his inference as to
what the chisel was for?"
Hauptmann Is Confident.
Hauptmann's confidence that the
court would grant him new trial re-
manned mistaken after his four
months wait within the shadow of
the electric chair.
More months Of waiting-three or
(See KAUFMAN, Page 81