The New York herald., 1922-01-28
Accused Says He Told Two
Detectives He Was Ignor-
ant of Rhodes Affair.
CAN'T RECALL SHOOTING
Eight Policemen Swear They
Never Beat Him or Any
Other.

A claim OF mistrial in the case Of
Luther Boldly came suddenly late yes
terday afternoon in the Criminal
Branch of the Supreme Court just as
District Attorney Banton had put the
finishing touches to the evidence that
he believed would send the negro
speedily to the electric chair.
1t was one OF these finishing touches
which gave Morris Koenig. cEief coun-
sci for Boldly his opportunity. In the
most dramatic moment OF the trial.
Jasper Rhodes. huge negro, who is
patrolman of the West 135th street
police station, took the witness stand
in rebuttal and accused Boldly of hav-
ing shot him.
IT saw him on December 10, 1921"
Rhodes said in voice that filled the
big court room. HE was on stoop at
SIS West 135th street. He shot me. He
fired four shots at me. Two OF the shots
took effect, one in the abdomen and one
in the neck. Another bullet was stopped
by my memorandum and summons
book"
Mr.. Koenig was on his feet in1me-
diately. protesting to Justice Wasser-
vogel that all this testimony was mad
missible at the present trial. since Boldly
was being tried simply for the staying OF
Detective Franci Buckley.
1t was to question him about the
shooting Of Patrolman Rhodes that De-
n1 Pr lox hrfy o.
ing Boldly TO the police station when.
within few doors of It. he drew a gun,
shot them and escaped.
Not Identified Before.
Mr. Koenig demanded the mistrial on
the ground that this testimony about
another independent felony would preju-
dice the jury in the present trial. jus
tice wasservogel denied this motion
when Mr.. Banton contended that the
prosecution had right to introduce Il
with view to showing that Detectives
Miller and Buckley had reasonable
ground for the belief that Boldly had
shot Rhodes and were therefore arrest
ing him at the time of the assault. This
would make Boddy's crime. even II un-
premeditated. murder In the first de-
gree.
rs this the first time you have identi-
fled this man as the man who shot you p
Mr.. Koenig asked Rhodes, pointing to
Boldly. Rhodes said 1t was, and an
other question revealed that 1t was not
possible for the slain detectives to have
known positively that Boldly was the
man who shot the negro policeman.
Justice Wasservogel. who had in
tended TO finish the taking Of testimony
yesterday evening. then decided that
this was matter the legal aspects OF
which should be looked into by himself
and Mr.. Banton. and accordingly de-
clared recess until Monday morning.
Aside from this. 1t appeared to be a
bad day for Boldly. He spent all the
morning and a generous part of the
AFTERNOON on the witness stand himself
and although he maintained his conten-
tton that he could not recall the sh~~t-
Ing. nevertheless Mr.. Banton. unable to
shake him, did much to throw doubt on
his often repeated statement that he did
not know the pistol was in the pocket
OF his overcoat
Ignorant of Rhodes Affair.
'T kept saying I didn't know anything
about the Rhodes shooting, and they
you black coon. you we'll trim you
Well get 1t out Of you. You know what
happens to nlggers that don't com,
across" Boldly testified.
They said they wasn't going to loci
me up but was going to take me to the
station. When saw those green light,
OF tS> station house l got excited anc
dizyy-Iike-my hands stretched out,
81 n 4 -
When I found myself j was running
down Seventh avenue with the pistol II
my hand"
He denied the story Of Adaml Adu
bato, the Newark taxicab driver. tha
he had forced him at pistol point I,
drive him, and said friend had ar
ranged that Adubato drive him to safety
He also denied making a confession Z
Detective England. pa 4t .-.
His story OF the revolver was that hs
had taken IL from a drunken friend or
New Years eve to prevent him shooting
81 had put II In the pocket Of his bes
oyercoat. and had forgotten about Il
when, on January s. he wore the Goa
again because he was going to a theater
He suddenly felt II in his pocket wher
the green lights came In view. The de
tcctives had failed to find It. he said
"frislsing him"
"why did you shoot Miller and Buck.
ley?" Mr.. Banton asked az he closes
his cross-examination.
Can't Tell why He shot.
Mr.. Banton. ! couldn't tell why,
Boldly answered II can't tell something
I'don't know. ! don't know"
A part OF the afternoon was taKer
mp by the testimony OF Detectives Johr
J. Scott. Harry ID. Bloomfield. Thoma,
Donohue Bernard J. Devaney, JOSEPH
J. Maloney and John r. Maloney. ant
by Patrolman Anton Straussman tha
they had never. In their dealings will
Boldly. beaten him. All the officer,
testified that they had never IN thci
entire police experience SO much al
struck a prisoner and had never seer
any otner officer strike or beat one
There was some murmuring and com
ment among the spectators during thi,
testimony. but court attendants restored
orucr.
George Schoenich. lieutenant OF de