Show 4 STATE TO IGNORE NEW ALIBI LAW Hauptmann Prosecution Fears for Constitutionality of N. N J. J Statute FLEMINGTON N. N J. J Dee Dec 27 W- W The State e of New jersey an official source said today has decided to ignore ig nore one of the cards in its hand hanc against Bruno Richard Hauptmann Hauptmann- its s new alibi law By invoking the law passed by th the 1934 legislature the state could force fore Hauptmann's defense to give notice of or any intention to claim that Haupl mann was not at atthe the scene o of the Line Lind Lind- Lind berh at the time crime The official source said the state stale ha has determined not to invoke the She law b be before before fore the trial starting next next Wednesday Wednesday Wednes Wednes- da day Y because its constitutionality neve nev er or has been tested The states state's attorney attorney attorneys ney therefore fear it might b be made mad grounds for an appeal The decision l left rt the way open fo for surprise witnesses The law was debated debated de de- de bated keenly keenly- by the l legislature its sponsors arguing that it would prevent prevent prevent pre pre- vent lawyers from introducing sue such witnesses at the eleventh hour Under the law at the states state's demand de de- demand mand the defense in a criminal case must give notice of oC its intention to prove that the defendant was elsewhere elsewhere else else- elsewhere where than the scene of the crime Live five days before evidence is is' present present- ed Witnesses to the alibi must be list list- ed The state however is required to name two days later the witnesses with which it plans to refute the alibi The state is known to be planning an 10 aggressive attempt to show that tha Hauptmann was near the Hopewell home of ot Col Charles A. A Lindbergh March 1 I 1932 wh when n Lindbergh's infant in in- fant son was abducted A bearded grey-bearded old man appeared last week at at the Hunterdon county jail and paced outside Hauptmann's cell halting haIling now and then to peer intently intently in in- at the prisoner A state stale official later later- said the mysterious visitor was one of r at least five residents of or the mountain region expected to testify Hauptmann was near near Hope Hopewell Hope Hope- well before the crime Hauptmann's probable alibi was indicated indicated indicated in in- in the New York hearing which preceded his extradition but bu until the trial January 2 its details now will remain secret Hauptmann his attorneys have disclosed disclosed dis dis- dis closed will testify he hc was VIas employed employee in the c c construction of ot a New Y York rk hotel on the day of at the anc and Went that night to the Bronx bakery where his wife wile Anna was employed News that thaL reporters were being I assessed contributions for courtroom courtroom court court- room seats seat during the thc coming trial incurred gubernatorial displeasure today and Governor A. A Harry Moore directed County Prose Prosecutor Anthony AnthonyM M It Hauck to take steps toward having the mone money refunded ed |