HAUPTMANN TRIAL

Evening Post, Volume CXIX, Issue 31, 6 February 1935, Page 12

HAUPTMANN TRIAL

EVIDENCE FOR DEFENCE

EFFORT TO PROVE ALIBI

(Received February 6; 3 p.m.).

NEW YORK, February 5. At today's hearing in the- Haupfc. Mann trial at Flemington, New Jersey, Benjamin Heier, 24, writer and restaurant cashier, testified that': he saw a man, who "strongly resembled" the picture of Fisch,: leaping over the wall of St. Raymond's Cemetery in the Bronx on the night the Lindbergh ransom money waspaid in the cemetery. He said that hewas sitting in a parked auto nearby with a'young woman, who had since died arid whose name he would not reveal and was idly turning off'the car's headlights when by their glare he got a good sight "of Fisch's face as he came over the wait

Witness admitted that he had once been convicted of crime:

One of the worst set-backs -suffered by the defence occurred when a neighbour of the Lindberghs testified' that the car-which loitered near the avia- > tor's estate the day of, the kidnapping bore1 New""Jersey ;licehce; plates and; as. Hauptmarin's car' had • New York-plates", it could not have been defendant's.'' Yet under cross-exam-ination--he admitted that he had remarked several times after Haupt:mannV arrest-that the man He had seen-in the car strongly resembled the defendant. • ■.