The Waterbury Democrat., 1935-01-24
leading Shares Dropped in the Market Late To-day
Accused Man CaIn,
 As He Took Stand
scontiuued from Pare n

 but couldn't swear to 1t.
 Counsel for Bruno Richard Hauptmann will produce a witness who saw "the actual kidnaper" on his way to the home of Col. Charles A. Lindbergh with a ladder, they said today.
 "The man with the ladder ,' shouted Lloyd Fisher of defense counsel, twas not Bruno Richard Hauptmann."
 Fisher also said Hauptmann had s'perfect" alibis for three impor- tant dates in the chronicle of this crime.
 He was home on the nights when he is accused of having col lected the ransom and of having purchased a theater ticket with one of the ransom bills. the law yer said.
 On the night of the kidnapping, Fisher added, Hauptmann escos ted his wife home from a bakery where she wroked.
 On the night the ransom was paid. Fisher said, Hauptmann was attending party in his own home. He also was at a party the night he is accused of having purchased d IueAIcT LiCheL WlLH @O Alnlt" bergh ransom bill.
 There are the three dates,r Fisher shouted, ''and there are the three alibis."
 After Luncheon
 Every available seat was filled for the afternoon session. Tho ais les were damned, and every inch of space inside the rail was crowd ed.
 A break in the storm and sum- shine brought hundreds more to Bennington to stand before the courthouse.
 Hauptmann. refreshed by lunch and 9 brief rest, returned to his place before the rail at 1:4O.
 He was smiling but pale.
 Bruno, are you worried about going on the stand?' a reported asked. No questions; no questions" the prisorier replied, waving his hands.
 The crowd was the largest in the history of the trial.
 Promptly at 1:45 Justice Tren- cfard took the bench.
 The jury was boiled:
 Acquittal Is Asked
 Then ,Egbert Rosecrans of de- fense counsel, rose and said: "I desire to make a motion for a directed verdict of acquittal. your Honor"
 But first want to withdraw from evidence two documents that were introduced.
 "In other words, my motion is first, then, to withdraw the docu- ments in order to make my motion for q directed verdict"
 The state desires to take no techmical objection to this move by defense," Attorney General Wilentz said.
 Rosecrans continued that there is no evidence that a murder was committed in Hunterdon country" If the corpus delicti was found in Mercer county, it is to be pre- stunned the felonious blow and death occurred there, and not in Hunserdon county" Rosecrans said.
 He recited the statute regard. ing legal presumption" and said the state had not proved the pre- sumption set up in the indictment. There is no evidence that q wilfhl and premeditated murder was committed in Hunterdon coun- ty."
 Under the states theory that death occurred during the com~ mission of Q burglary, there must be recourse to common law to defioe burglary.
 There is no evidence in this case to show the defendant com mitted the crime of burglary"
 Under the statute listing burg lary we have many other dcfini- tions than that defined in the charge.
 Now as to the Kidnapping, the only thing that the state has claimed is that someone entered the house with intent to kidnap the child, which is not . felony" The crime of Kidnapping under common law was the crime of taking 8 person out of the coun- try" Rosecrans said, and certainly { the child was not taken out of the sovereign state of New Jer- sey.
 The evidence shows the burg 1ary was committed in Hunterdon county before the murder occurred in Mercer county where the body was found"
 "The state did not prove that death occurred as the result of a ] burglary. It was a second crime" Rosecrans further argued that ''this case is barren of any evi-' dence of flight, that no one was apprehended in entering or leav- ing, that the child might have been taken to New York and brought