Evening star., 1934-12-27
JERSEY TO IGNORE
HAUPTMANN AL|B|
Law to Compel Notice of
Defense Plan Waived,
Fearing Appeal.
BY the Associated Press.

BY the Associated Press.
PENNINGTON, N. j., December 81.
The State Of New Jersey an official
source said today, has decided to
ignore one of the cards in its hand
against Bruno Richard Hauptmann-
its new "alibi law"
BY invoking the law, passed by the
1894 Legislature, the State could force
Hauptmann's defense to give notice of
any intention to claim that Haupt-
mann was not at the scene of the
Lindbergh kidnapping at the time of
the crime.
The official source said the State
has determined not to invoke the law
before the trial starting next We'd
nesday. because its constitutionality
never has been tested. The States
attorneys therefore fear it might be
made grounds for an appeal.
"Surprise Witnesses" Possible.
The decision left the way open for
surprise witnesses" The law was
debated keenly by the Legislature, its
sponsors arguing that 1t would pre-
vent lawyers from introducing such
witnesses at the eleventh hour.
Under the law, at the States de-
mand, the defense in a criminal case
must give notice of it's intention to
prove that the defendant was esle-
where than the scene OF the crime
five days before evidence is presented.
Witnesses to the alibi must be listed.
The State, however, is required to
name, two days later, the witnesses
with which it plans to refute the alibi.
While the State might gain strateg-
ically by demanding such declara-
ton from the defense, the official
pointed out, it too would be forced
to show its hand" by naming its
rebuttal witnesses.
The State is known to be planning
an aggressive attempt to show that
Hauptmann was near the Hopewell
home of Col. Charles A. Lindbergh
March l. 1882, when his infant son
was abducted.
Probable Alibi Indicated.
Hauptmann's probable alibi was in
dicated in the New York hearing
which preceded his extradition, but
until the trial, January 2, its details
now will remain secret.
Hauptmann, his attorneys have dis
closed, will testify he was employed
in the construction Of a New York
hotel on the day of the kidnapping
and went that night to the Bronx
bakery, where his wife Anna was en-
ployed.
News that reporters were being as
sessed contributions for court room
seats during the coming Hauptmann
trial incurred gubernatorial displeas-
ure today, and Gov. A. Harry Moore
directed County Prosecutor Anthony
M. Hauck to take steps toward having
the money refunded.
The Assessments" were levied by a
deputy of Sheriff John H. Cuftiss, who
called in reporters one by one and
charged fees Of IS and $40 for press
seats to pay the cost of installing
seats, carpentry and other expenses"
incident to accommodating the press
| during the trial.
Moore, it was pointed out, was pow
erless to order Curtiss directly to re-
fund the money, for the sheriff is re-
sponsible only to Supreme Court Jus
J tice Thomas w. Trenchard, who as
presiding jurist has complete jurisdic-
ton over the court room for the trial.
Forty-eight persons-21 Of them
women-were drawn yesterday from
the Jury list Of $50 to report for duty
at the start Of the trial.
Defense and prosecution attorneys
| met Supreme Court Justice Thomas
w. Trenchard at Trenton after the
talesmen were selected. There was
no request for a delay. or for q new
jury list.
After mis- arrest, police and Fed
eral authorities found nearly $4,000
, in ransom bills in Hauptmann's
Bronx garage They also found on
a removable panel in q closet OF
Hauptmann's home a penciled nota-
ton Of the 1882 telephone number
and street address of DR.. John F
Condor, the "Jafsie," who negotiated
the ransom payment for Col. Lind.
bergh.