Evening star., 1936-01-16

useds in kidnapping the Lindbergh
child was materially altered and
charged" after it was found and be-
fore ST was introduced in evidence.
The petition did not claim these
contGntionS we're not presented pre-
viouSg in court proceedings taken to
savefthe convicted murderer.
In.sgeneral, the allegations in the
peti3bn for the writ were similar to
those advanced in Hauptmann'S di-
rect appeal from the conviction, which
the srourt refused to consider last
month.
HSdptmann personally signed the
maine petition and also an afidavit,
which said: Bruno Richard Haupt-
mann, being first duly sworn. says
thatshe is the petitioner above named;
thattsshe has read the foregoing pc
titions by him subscribed, and that
the Inatter and things therein set
fortHsare true"
v Court Room Crowded.
D$shing up the steps of the court
building shortly before noon. the two
Washington attorneys conferred briefly
withfCharles E. Cropley. clerk of the
courG and A. J. Schneider, secretary
to ASSOCIATE Justice Roberts, whose
jurisdiction includes New Jersey
Then, entering the court room, which
was crowded with spectators who had
received advance notice the appeal
would: be made, they submitted their
petition.
W1Sdle the attorneys were at the
courf6ouse, it developed that appeals
In Hauptmann's behalf have been
mades to Mrs. Franklin D. Roosevelt.
Exptsining that it was a matter for
the State, Mrs. Roosevelt said she had
done nothing about the appeals. The
letters, however, were answered.
The petition, containing no men
tion.pf confession or new evidence,
was Mled against Col Mark Kimber-
lingE principal keeper of the New
Jersey State Prison, at Trenton, where
Hauptmann is awaiting electrocution.
HIS imprisonment wss declared to
violate rights guaranteed by the four
teenth amendment. 1t was also said
he Was without any remedy in the
NeWJersey State courts.
Charging that he was subjected dur
ing lbs trial to influences and divers
intiHafdating circumstances. hostile to
the Petitioner, the petition added:
1.sThe jury was not sequestered, but
wastexposed to hostile expressions OF
opirthn by persons not connected with
the trial. The jurors were "obliged on
mang occasions to push through
denSs crowd of people from the time
of departure from the hotel until
installed in the jury box. Every
word that was said as the jurors
passed by, even whispers, we're audible
to tpa jurors"
2.ssMembers of the crowd by shouts
and%sgestures indicated their hostile,
personal opinion concerning petition
er's guilt" as the jurors walked be-
tween their hotel and the court house.
Jurors Heard Discussion"
g. sThe jurors were compelled to eat
In aspublic dining room where they
could hear voices throughout the en-
tire sFoom, which was filled with
newspaper men, curiosity seekers and
othefS of the general public"
4. Fhere was widespread confusion
and disorders prevailing in the court
roortt all resulting in the con-
tinuolS distraction Of the jury from
attehfion to the testimony Of the case" +"
5.,Motion picture cameras were op-
Grated in the court room, "diverting
and sdistracting the attention of the
juryss
Throughout the trial there were
repeAted outbursts from the crowd Of
spectators in the court room in
cludshg frequent manifestations of
censure, disbelief and hostility to-
ward petitioner and witnesses.
7.ESeats were given in the court
room by the prosecution to various
prominent personages who were osten-
tatidnsly seated close to the jury"
8. eThe jurors came in close con-
tact with the crowds in the street
as they exercised on a second floor
porch"
: Broadcast Protested.
9. A microphone was installed Just
below the jurors quarters from which
were made nightly broadcasts, many
of which were severely antagonistic
to YOUR petitioner and were audible to
the bury"
loSThe hotel was the headquarters
Of Newspaper men and at times their
comments which frequently were hos
tile, r.were audible to the jurors. -
III Keeping the jurors in the hotel
constituted "a distraction which pre-
vented fair and impartial trfals' -
The petition contained. numerous
excerpts from the summation Of New
Jerseys attorney general, David T.
Wilentz. presented In On effort to show
that he was unfair to Hauptmann. =
Citizens Vote Lights Out,