Evening star., 1934-10-11
JERSEY SET BACK
TRYING TO SPEED
.HAUPTMANN MOVE
Hearing Fixed for Monday
on Writ to Prevent
Extradition.
RELEASE BY NEW YORK
FOLLOWED BY REARREST
Fawcett Says He Has Four or Five
Witnesses to Support Alibi
on kidnapping.
By the Associated Press.

By the Associated Press.
NEW YORK, October 1.-THE
State of New Jersey suffered a set
back today in its efforts for immedi-
ate removal of Bruno Richard Haupt-
mann to its Jurisdiction for trial on
an indictment charging him with the
murder Of the kidnapped Lindbergh
baby
Despite pressure by New Jersey
authorities for immediate hearing, on
the defense application for a writ of
habeas corpus to prevent the extradi-
ton, Supreme Court Justice Ernest
E. L. Hammer granted a request ol
the defense and set Monday at IL
am. for the hearing.
Hauptmann, meantime, will be in
the custody of the New York police
commissioner, occupying his same cell
in the Bronx County Jail where he
was placed in default of S10o, 900 bail
on an extortion indictment.
Legal Maneuvers Advance.
The technical legal maneuvers Incl
dent to setting Monday for a hearing
on the writ moved rapidly in two
Bronx courts During them Haupt-
mann technically was free man for
q few seconds. although surrounded
by New York City and New Jersey
State police and Bronx County de-
tectives.
Hauptmann. his shoulders erect and
his face freshly shaved, was led into
Bronx County Court before Senior
County Judge James M Barrett for
the first of the court proceedings.
His face has assumed a prison pallor
since his arrest last month. He had
on the gray suit he was wearing at
the time of his arrest. brown shirt
open at the throat, no tie, and black
shoes. A green handkerchief showed
in his breast pocket.
Six deputy sheriffs fianked the
prisoner. In the court room also were
six New York City detectives. Capt.
John j. Lamb Of the New Jersey State
police and Department of Justice
agents. No one not known to attend
ants was permitted to enter the court
room.
District Attorney Samuel ]. Foley of
the Bronx addressed Judge Barrett.
informing him that extradition papers
calling for Hauptmann's removal to
New Jersey on the murder charge had
been signed by Gov. Herbert H. Leh-
man yesterday afternoon. The district
attorney then asked that the extor-
ha he 4yio
calendar.
Standing near Foley was Lieut..
James ]. Finn. New York City detec-
tive who has worked continuously on
the kidnap case since the baby was
stolen from the nursery of the Lind
bergh Hopewell, N. j., estate, March
/, 1882 Finn held a warrant signed
by Gov. Lehman which charged
Hauptmann with being a fugitive
from justice.
Judge Barrett assented to Foley's
request that the case be removed from
the trial calendar, and then James
NJ. Fawcett, counsel for the defense.
asked for a reasonable length Of time
in which to apply for a writ of
habeas corpus before his client was
taken to New Jersey.
How long a time do you reQuire?"
Judge Barrett asked.
Fawcett said he would Immediately
60 to the Supreme Court and make
the application.
$1OO.00O Bail Vacated.
Meantime, after removing the case
from the trial calendar, another tech
nical move took place to open the way
for service of the fugitive warrant.
Judge Barrett vacated the 100000
bail requirement imposed on Haupt-
mann, at the time of his arraignment
on the indictment in Bronx County
charging him with extortion in con-
nection with the $4,000 Lindbergh
ransom payment. 1t was this act that
made him technically free. but this
status was abruptly ended within
few seconds by Lieut.. Finn, placing
him under arrest on the Governors
warrant.
Fawcett hurried from the room to
file the application for the writ,
which was placed in the hands of the
clerk of the Bronx County Supreme
Court within a few moments. 1t was
Immediately taken to the chambers of
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