Medford mail tribune., February 13, 1935, Page 10, Image 10

PA"GE TES
MEDFORD MAIL TRIBUNE. MEOFORU, OREGON. WEDNESDAY. FEBRUARY 13. 1935
THREE VERDICTS
IS
T
(Continued irom rape One)
contentions with conclusions of "Do
you believe that?"
ladder Mentioned
Ou the state's Important ladder ev
idence, the court asked the Jurors:
"Does not the evidence satisfy you
that at least a part of the wood from
which the ladder was built came out
of the flooring of the attic of the
defendant?"
"If you find that the murder was
committed by the defendant In per
petrating a burglary tt Is murder In
the first degree," the court said,
"evcu though the killing was unin
tentional. "If there Is a reasonable doubt that
the murder was acquitted by the de
fendant In perpetrating a burglary,
he must be acquitted.
"If you find the defendant guilty
of murder in the first degree, if you
see fit, by your verdict and as a part
thereof recommend imprisonment at
hard labor for life."
He aked the jurors if there was
any doubt in their minds as to the
reliability of the testimony of Dr,
John F. (Jafste) Condon, the ransom
intermediary who said he paid
Hauptmann Lindbergh's $50,000.
(Jang Theory Cited
He atikcd them if they believed
the defense contention that a gang
perpetrated the crime.
Referring to the testimony of Ar
thur Koehler, wood expert, on the
ladder, he said:
"You should consider the marks
upon the wood and give the evidence
In respect thereto such weight as
you think It entitled to after consid
eration of the credibility of the wit
ness." As to Hauptmann's own testimony!
"His Interest In the result may be
taken Into consideration on the ques
tion of whether ho is telling the
truth. His previous convictions of
crime may be considered only as af-1
fecting his credit as a witness." i
Hock mu til Testimony Important ,
Of Amandus Hockmuth, the aged ,
men who said he saw Hauptmann
with a ladder in a car near the Lind
bergh home on the cmy of the crime:
"This testimony, if time, is highly
significant. Do you think that there
la any reason upon the whole to
doubt the truth of the old man's
testimony? May he not have well and
earlly remembered the circumstances
lnj view of the fact that that very
nfght the child was carried away?"
When Justice Trench ard finished
his charge he had to warn the spec
tators to cease their "humming and :
buzzing." Ho told the attorneys to
argue any exceptions to his charge
after the Jury retired.
As to Hauptmann's alibi witnesses,
the Judge told the Jury:
"You should consider the fact,
where it Is the fact, that several of
the witnesses have been convicted of
crime and determine whether or not
their credibility has been affected
, thereby. And where It appears that
witnesses have made contradictory
statements you should consider that
fact and detormlne their credibility
as affected thereby."
His remark on circumstantial evi
dence wai:
Case Must Link Up
"When the case against the defend
ant Is made up wholly of a chain of
circumstances and there Is reasonable
doubt as to any fact the existence of
which la essential to establish guilt,
the defendant should be acquitted.
"It Is not sufficient that the clr
oumstauccs prove, coincide with, ac
count for and therefore router prob
able the hypothoosls that Is sought
to be established by the prosooution.
They must exclude to a moral cer
tainty every other hypothecate but
tho single one of guilt."
The Jury was Instructed that it
may conclude from the evidence that
Baby Lindbergh was stolen by some
one who entered the nursery of the
Lindbergh homo through the win
dow by means of a ladder.
Defense Claims "Plant"
The defense had contended the
Baby was carried down the stairs of
the home by someone on the "inside"
and that tho ladder was a plant.
The court also charged tho Jury
that It may conclude tho baby's
Bleeping suit was stripped from It at
tho point at which the nurse Betty
Oow said she found Its thumbguard.
Tills evidence was Important to the
state's caso because tho baby's body
was found In Mercer county. Hnupt
maim is charged with murder In
Hunterdon county.
"The state contends that the un
contradicted evidence of Colonel
Lindbergh and Dr. (Charles) Mitch
ell and other evidence Justifies the
reasonable inference that the felon
ious stroke occurred in F.nst Amwell
township in Hunterdon county, when
the child was selcd and carried out
of tho nursery window and down the
ladder by the defendmii, and that
death was InsLnntimeoun; and irom
the evidence you may conclude, if
you see fit. that the child was (el
onlously str'eken on the mat day of
March at the township of East Am
well In this county and died as a re
sult of thnt ntrnke."
Reviewing the ransom negotiations,
in which Dr. John J. (JafMe) Con
don said he paid LI ml hei h's 150.
000 to Hauptmann, Jui.tlce Trench
ard said:
Condon rorrutiuratcil
"It Is argued that Dr. Condon's
testimony la Inherently Improbable
and shou'd In part be rejected by
you, but you will observe that his
testimony is corroborative In lare
, part by several witnesses whose credi
bility has not been impeached in any
manner whatsoever.
"Of course, if theio Is in the ml ml a
of the Jury a reasonable doubt as to
the truth of any testimony, such tes
timony should be rejected, but, upon
the whole, is there any doubt In your
mind as to the reliability of Dr.
Condon's testimony?"
"It Is argued." Justice Trenchant
aid. "that colonel Lindbergh could
not have identified that voice and
thnt it is unlikely that the defend
ant would have ta.li.ed with Coodun,
HOLDS SCRIPT IN
This man holds the script In the most sensational court drama of
modern history, the trial of Bruno Richard Hauptmann at Remington,
N. J., prompting the principal characters In their lines. He Is Supreme
Court Justice Thomas Trenchard, presiding Judge during the trial.
(Associated Press Photo)
Well, those questions are for the de
termination of this Jury."
As to Gang Theory
As to the gang theory ' expounded
by the defense chief, Edward J, Rell
ly, the court said:
"It Is argued by defendant's coun
sel that the kidnaping and murder
was done by a gang and not by the
defendant and that the defendant
was In no wise concerted therein.
The argument was to the effect that
It was done by a gang with the help
or connivance of some one or more
servants of the Lindbergh or Morrow
households.
"Now, do you believe that? Is there
any evidence in this case whatsoever
to support any such conclusion?
The doors of tho courtroom were
locked as the charge was glvon. The
Associated Press, the only news serv
ice subscribing to tho official trans
cript of the proceedings, was able
however to report the Instructions as
they wore delivered.
Tho Judge declared it a matter of
Importance as to whether Hauptmann
wrote the original ransom noto which
was found In the Lindbergh nursery
and tho 13 notes that followed.
Nuto Witnesses ttmphaHlzeri
He recalled the numerous state ex-
perls testifying that Hauptmann
wrote them, Hauptmann's denial and
the testimony of ono defense expert
who said Hauptmann did not write
them. He said:
"The weight of the evidence to
prove the genuineness of handwriting
is fully for the Jury."
About tho d lap u ted panel in
Hauptmann's closet which bore tho
pencilled telephone number and ad
dress of Dr. Condon, he said:
"If you believe that he did (write
the notations on the panel) although
he now denies It, you may conclude
that It throws light upon tho ques
tion whether or not he was dealing
with Dr. Condon,"
On the discovery of ransom money
In Hauptmann's garage, the court
remarked:
"Does It not appear that many
thousands of doners of ransom bills
were found In his garage, hidden in
tho walls or under the floor, that
others were found on his person
when ho was arrested and others
passed by him from time to time . . .
"Tho defendant says that these
ransom bills, moneys, were left with
him by ono (Isador) Plsch, a man
now dead. Do you believe that?"
He told the Jury it might also con
sider the evidence that shortly after
the delivery of the ransom Haupt
mann began to purchase stock In a
much larger way and to spend more
freely. Then he asked: "Do you be
lieve his testimony that the moiey
was left with him in a shoe box.
and that It rested on the top shell
in his closet for several months?
"His wire, as I recall It, said she
never saw the box and I do not re
call that any witness, excepting the
defendant, testified that they ever
saw the shoe box there."
The Instructions began shortly
after court, opened at 10:02 a.m. The
judge polled the Jury, asked If the
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COURT DRAMA
defendant was in place, and re
marked: "The officers will now close the
doors and not let any people in or
out until the Jury has been In
structed and retired."
Bruno tiriiy-Fuccd.
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, sit
ting a few seats away, appeared hag
gard. Colonel Charles A. Lindbergh,
father of the kidnaped and slain
beby, was serious-faced. He watched
the Judge Intently.
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 I
shall say concerning tho evidence as
being accurate, but you must de
pond upon your own recollection.
You must not only corulder the evi
dence to which I shall refer, but I
you must consider all of the evi
dence In the case."
Hevnnd Reasonable Doubt
He explained the point of law
which requires the defendant to be
proven guilty beyond a reasonable
doubt before a conviction can be
found.
"If there be a reasonable doubt
whether the defendant be guilty he
la to be declared t guilty. The
evidence must eb! iN'.h the truth of
tho fact to a moral crtalnty, a cer
tainty that convinces aid directs the
understanding and satisfies the rea
son and Judgment of those who are
bound to act conscientiously upon It."
Reviewing the state's evidence, the
court remarked:
'The fact of death seems to be
proved and admitted.
"There Is evidence from which you
may conclude, 11 you see fit, that the
person who carried away the child
entered the nursery or child's bed
room through the southeast window
of the nursery room by means of a
ladder placed against the side of the
house, under or near the window,
and this occurred shortly after 9
o'clock at night."
Jury Closely Guarded
Tho Jury was closely guarded when
It was brought Into the court for the
charge. It was flanked by nine civil
guards and a detail of state troopers,
and kept in a tight line on the march
from the hotel.
Judgo Trenchard reminded the Jury
Window Glass
and
Plate Glass
PADGHAM
PLANING MILL
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Comrmrnce nrt Ken no in j
Stop in OAKLAND
Hotel 8an nnlo offerit
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nltlHUit Ktra8)tanre
Central Location
HA TKSl S1-OC to II. 70
Uttfc UtK.UiE
MOPtCHN Ctm:E SHOl'
turret Ion i to Hutelt Mat ou
Main Hlghwfl) (san Pablo
Avenue) dtrtxtlj to tuth ML
Managrmrnt
of the scene about the Lindbergh
house when the baby was stolen. He
recalled that Colonel Lindbergh tes
tified he heard a crash that sounded
like wood on wood, and that later a
broken ladder was found.
"Miss (Betty) Oow and Mrs. (Ollle)
Whately testified that later, about
April 1, 1032," the court went on,
"they found the thumbguard which
Miss Oow had securely tied to the
wrist of the sleeping child's suit
when she put him to bed, that they
found this thumbguard In the
road leading from th Lindbergh
home and on the Lindbergh property,
with the knot still untied, from which
you may possibly conclude that the
sleeping suit was stripped off of the
child at that place."
TIGER BASKETEERS
POINTS FOR TOUGH
With a basketball game between
the Medford and Klamath high
schools here Friday night, and the
same teams meeting again In Klam
ath the next night, the local outfit
la practicing diligently this week In
anticipation of one of the hardest
struggles of the year.
Ashland, the team that Is supposed
to be the one to beat In southern
Oregon this year, barely nosed out
the Pelicans In two games, winning
one 28-21 and one 25-20, so the Klam
ath outfit la considered a strong one.
According to various members of the
Tiger squad, however, the locals think
that they fill win both games by
safe margins.
"Stretch" Ettenger, lanky local
center, will probably not see action
in the two games, and Smith will
probably take the leaping post, a
position for which he has already
displayed remarkable propensities.
With Luman and Campbell or Sears
at forwards, and VanDyke and Kunz
man at guards, the squad will present
a fast breaking offense that has
worked neatly as a combination every
time that they have played together
this year. The lineup may be chang
ed slightly, with some possibility of
Sears starting at the guard post, but
this is uncertain.
The reason given for playing one
game here Friday night and the next
over in Klamath Falls the following
night Is that Klamath teams Invari
ably draw good crowds here, and
Medford teams do the same in that
city, and both teams are trying to
get out of the financial hole that
poor attendance has placed them in,
and they think that this Is their
chance. Their opinion will probably
be vindicated, for Indications are that
the games will be close and fast. A
largo delegation of Medford fans Is
planning on accompanying the team
to the mountain valley, and a large
delegation is promised when the
Klamath team appears here.
Klamath high school always dls
plays considerable loyalty to their
traveling teams, 37 automobiles hav
tug been here with the football team
when It played here last fall.
A real preliminary of interest Is
promised when the rapidly improving
Tiger Cubs tangle with the Klamath
"Wildcats" in a curtain-raiser slated
to begin at 7 o'clock, one hour before
the main event.
Each day In the year brings an
avernge of about 20 visitors to ,he
grave of O. Henry, the author, in
Riverside cemetery at Aahville, N. C
iveirybody
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DISASTER IS
DIRIGIBLE NEAR
SANFRANCISCO
(Continued from Pace One)
although their hurts are not serious.
The message requesting ambulances
as a precautionary measure did not
Identify the pair but previously Boat
swain's Mate P. M, Jackson was re
ported Internally injured.
Sunk In 250 fathoms, the wrecked
dirigible was a total loss. The na7y
contemplated no "salvage plans.
Numerous Inquiries Into the dis
aster were expected today, primarily
from the navy and congress.
Congressional leaders Intimated the
disaster would mean the defeat of
further development of lighter than
air craft, already under fire.
Third Tragic Disaster.
It was the third, though less tragi:.
disaster to overtake great airships of
the United States fleet. The Akron
crashed with a loss of 173 lives, April
4, 1933, and the Srenandoah eight
years earlier, with a loss of 14 of ner
crew.
If the two missing men are uot
recovered, the Macon crash will bring
to 350 the number of Uvea lost 1n the
lfi major dirigible crashes in the
world in the last 23 years.
The remarkably small loss of life
In the Macon wreck was attributed
to naval discipline and the presence
of a score of fighting craft with which
the Macon had maneuvered off the
California coast for a day and a half
Exact Cause Unknown.
The exact cause of the disaster ap
parently was not known by tho naval
officers themselves, whose crytlc wire
less messages told the dramatic story
of the end of the Macon and the res
cue of most of her crew.
Reir-Admiral C. E Courtney of the
cruiser Richmond, which picked jp
64 survivors, said the number 0 gas
cell had burst. Earlier, Lieutenant-
Commander Wiley had said it w.u
cells 1 and 2.
Wiley's story of tho crash follows:
"While off Point Sur. a course
north, all engines standard speed 63
knots, altitude 1250 feet, air equally.
about 5:18 p. m. P. B. T.), a cas
ualty occurred in stern.
'I thought elevator control carried
away. Ship took & bow up inclina
tion, rose rapidly.
Ballast Propped
'Ordered all ballast and fuel slip
tanks dropped aft of midship. Re
ceived prompt word No. 1 gas cell
under fin was gone and stern was
crumbling, and finally that No. 2 cell
was gone.
"Tried to Innd ship near cruisers
off Point Sur but could not see sur-
face until shortly before landing.
"The ship landed stern first with
no way on (no speed ahead) at B:40,
All hands took to rubber boats and
saw ship finally sink. Discipline ex
cellent and nil hands had alarm In
time to dou life Jackets." .
The light house keeper at Point
Sur told of seeing the airship sud
denly sink and tnen rise rapidly and
disappear from sight so that he could
not see It through the fog even with
powerful glasses.
One SOS Flashed
Simultaneously Wiley sent out hlr,
only SOS, reporting the ship was
"falling."
Naval craft in the immediate vi
cinity headed at once for the Macon's
position, and Admiral J. M. Reeves,
price
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WEW PLYMOUTH
commanding the fleet's maneuvers,
took charge of all air lanes to direct
the search.
Thirty boats In the area, mostly
fighting craft steaming for San Fran
cisco bay where the Mvon was a fa
miliar sight, turned to her aid.
Etx coast guard cutters were or
dered to put out from various Cali
fornia ports the Calypson, Tahoe.
Shawnee, Ariadne, Perseus and the
Hermes.
All Hands Stand By
All hands in the Mare Island navy
yard in San Prancisco bay were or
dered to atand by. The Red Cross
directed nearby agencies' to be ready
to lend aid. The naval hospital ship
Relief was ordered to speed to the
scene from southern California.
The ability of the navy to amass
so much aid Immediately was impres
sive, but such ample help was un
needed. Three ships breaking from the col
umn of cruisers, with the aid of their
powerful searchlights and calcium
flares let off by the Macon, quickly
picked up the 81 survivors. The Rich
mond took aboard 64, the Concord
11 and Cincinnati six.
After a futile search of the dark
waters for two missing men, they
continued to San Francisco.
Roosevelt Asks News
President Roosevelt, as soon as he
heard of the disaster, phoned the
naval communications headquarters
to obtain first hand Information of
the Macort's casualty.
As messages relating to the crash
flashed into the capital, they were
quickly relayed to the president's
desk.
Fdrmer President Herbert Hoover
received the startling news while he
was attending a Lincoln day dinner
in New York last night.
"This Is very sad news indeed."
said the former president.
"The Macon was launched during
my administration and I hope all of
those aboard are alive and safe."
As feature of a ball at the Hllo.
Hawaii, Yacht club, a "President
Roosevelt hula" was performed.
LILl 1MM11A,
Snli one
'0
So
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Ska"" . .. 1
D
CHANGE TACTJCS
10
BALEM, Feb. 18 (AP) Th legis
lative battl! over proposed amend
ments to the state liquor control act
to legalize the sale of hard liquors
by the glass in hotels and restaurants
and to permit the private sale of
wines containing up to 34 per cent
alcohol assumed definite alignments
today as the proponents combined to
move for Immediate consideration of
the so-called cocktail bill.
Defeated In their endeavors to se
cure enactment of a blanket provi
sion authorizing hotels and restau
rants to dispense whiskey, cocktails,
fortified wines and the like by the
glass with meals throughout the state
by determined up-state opposition,
ths cocktail lobby today changed
their tactics.
They proposed an amendment pro
viding that the state liquor commis
sion "may in its discretion" license
hotels and restaurants and any other
place of business they may ace fit,
"in counties of 100.000 or more popu
lation" to sell any and all alcoholic
liquors by the glass for consumption
on the premises.
A further amendment was proposed
to permit tho liquor commission tr
grant such licenses In smaller coun
ties at the request of the county
court.
WIDOW OF BISHOP DIES
AT HOME IN PORTLAND
PORTLAND, Ore., Feb. 13. f AP)
Mrs. Laura P. Barker. 80. widow of
the Right Rev. William Morris Bar-
.lurin, In "liHEWSTER'S MILLIONS" A.
f Mi
iSSJ 2. SAFETY-STEEL BODY
tf tht lowtst-priced cars
.... ut.u nt ths Episcopal diocese
of western Washington, and former
bishop of western uoioraau. mm
v,., hrtm here today. She was ono.
of the oldest native Astorlans.
Mrs. Barker was norn in iod n-i
father. John Adair, was first collec
tor of customs at Astoria.
Needy Kansas lamlllea recur
more than 6,000 000 pounda ot food
stuffs, nearly 60.000 dozen ecg and
thousands of blanket from the Kan
sas emergency relief council during
1934.
Shipping Is rap:d y coming back :o
the Cumberland river in Tennesee. 10
barge lines having di r.ded to ply the
stream regularly.
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