The New York herald., 1922-01-21
Whaley Indicted for Killing
MotZ and Will Plead on
Monday.
CELL is NEXT TO BODDY'S
William Loeser, Said to Be
Companion Of Slayer Of Two,
Under $4,000 Bail.

Police Commissioner Enright in a
degree methods were not practiced in
the Police Department.
The Commissioner was moved to
make this statement by an editorial
in the Nation. which said that the So
called third degree" is responsible
for a large part of the risk run by
policemen in the performance Of their
duty. The Commissioner said:
There is no brutality or third de-
gree methods in the Police Depart
ment. and If the people responsible for
the publication Of such propaganda
will tell me what they mean by third
degree methods perhaps may be able
TO enlighten them on few things
that they are now guessing att
The very publication of such a state
ment as third degree methods and bru-
tality on the part Of the police supplies
the vicious element with all kinds Of
alibis. Luther Boldly, who shot and
killed Detectives Miller and Buckley
OF the West 135th street station, and
William Hoey, recently convicted and
sentenced for the killing Of Policeman
Neville, were mentioned in The Nation
as being victims of the third degree
'The negro that killed Policeman
Motz read about Boddy's alleged COM
plant of police brutality and now says
he shot Motz on account of the story he
read of the brutal treatment given by
the police to negro prisoners Every
one knows that this is simply pure rot.
"It is about time that the publishers
stop printing articles about police bru-
tality and third degree methods when
such stories only tend to give men like
Boldly and the man who shot Policeman
Motz an alleged excuse for their actions" "
WhaIey Indicted for Murder.
Frank Whaley, negro who killed
station on Thursday night, was indicted
yesterday for murder in the first de-
gree. He is in cell adjoining that of
Luther Boldly in the Tombs
1t was a. day full OF swift action for
Whaley, for New York Justice moved
speedily. Through all the court hear
ings and transfers from place to place.
he moved mildly and answered questions
with great amiabilityr and no great
conference. The police placed no trust
in his meekness. however and most of
the day was spent by Whaley hand
cuffed to two armed men, with others
not far OFF.
In his cell late in the afternoon after
Judge John +. Mcintyre in General
Sessions had set Monday as his day to
plead to the indictment Whaley made
rambling answers to questions.
my mind was sick" he insisted. II
didn't know / was doing it."
Whalen told of wandering around all
day. of swallowing some pills a physi-
clan had given to him, of feeling that
his head was queer and of being taken
10 the police station after creating
n disturbance in an apartment house
occupied by a physician. Earlier in
the day he had said two girls had
given something to him that made him
dizzy.
Whaley is only about feet inches
in height and fairly powerful in build
He had n cut on the back of his head
received in the fight after the shooting
of Motz. but showed no signs of having
been beaten.
After n night in the West 12Sd street
police station. spent in sleep and in
singing a monotonous song to himself,
Whaley was taken to Police Headquar-
ters to be photographed. fingerprinted
and viewed in the lineup. He then was
taken to Washington Heights court,
where Magistrate Oberwager adjourned
his case for twenty-four hours to give
the Grand Jury time to act.
II will say to you now" the magis-
trate said. what will be said to you
in General Sessions. May the Lord
have mercy on your soul
Meanwhile Benedict Dlneen, Assist
ant District Attorney, had presented
the evidene to the Grand Jury. The
indictment charging murder in the first
degree was filed with Judge Mcintyre
about l o'clock. Whaley as taken back
down town Immediately and arraigned.
Leonard A. Snitkin, former Municipal
Court Justice, and j. III. Gilbert were
assigned TO defend him and they asked
for an adjournment until Tuesday.
Judge Mcintyre, on the objection of
District Attorney Banton. refused, say
ing he intended to see that the case was
speedily tried and set Monday as the
day for pleading. The trial will begin
next week.
James Weldon Johnson, secretary of
the National Association for the Ad-
vancement OF Colored People. issued a
statement pointing out that no race can
be held responsible for the crimes or in
sanity of individuals, and appealing to
citizens to think of the cases individ-
ualy land not TO set vibrating the
chords of race hatred"
Pal Of Boddy's Held I'm $4,000.
william Loeser. a twenty-three-year-
old negro of 23 West f35th street. said
by the police TO have been n pal of Lu-
thcr Boldly. was held in $4,000 bail
yesterday by Magistrate Oberwager on
charge OF robbery.
Doeser was arrested on Thursday by
Detectives Edwin G. McGrath and Ed
ward Shields OF the West 135th street
station. Both were friends OF Detectives
Miller and Buckley. who were attached
IN fha eanoo etafiop THE tu,o dotoo