New-York tribune., 1922-01-28

the abdomen, one in the neck. one on
the left side and on9 on the right side.
Ny memorandum bCkk stopped the one
on the right side ind my shield the
other"
1t was then Mr.. koenig moved a mis-
trial on the ground that the evidence
was immaterial, irrelevant and was
prejudicial. The motion was over
ruled. and Rhodess replies to other
questions propounded by Mr.. Banton
revealed that until he saw Boldly in
court he had not identified him as his
assailsnt.
New Objection Developed
That was Mr.. Kocnigs cue for an
other objection. His argument this
time was that Buckley and Miller
could not have known that Boldly had
shot Rhodes and that they had no war
rant for his arrest when they took him
into custody.
Even if Boldly did this shooting
said Mr.. Koenig, "there is no evidence
and, in fact, they could not have known
it. Therefore, his arrest was not JUS
ti.ed.'
Rhodes had said he had talked with
Buckley and Miller while in Harlem
Hospital, but he could not say he hac
told them Boldly was the man who
shot him, for the reason, seemingly
that he did not know this until he saw
Boldly yesterday.
Mr.. Koenig was just about to cross
examine the negro policeman, when
Justice Wasservogel ordered an ad
jcurnment. Solution of certain puz-
cling phases of his testimony will
therefore, have to await resumption
OF the trial.
After court Mr.. Koeng pointed ou,
that il Miller and Buckley had known
that Boldly had shot Rhodes they coulc
have arrested him legally; justidably
In escaping from them under such cir.
oumstances Boldly would have beer
committing felony. and one who kills
while engaged in q felony is guilty OF
first degree murder.
On crosSexam nation Boddy's story
Of the killing of Buckley and Miller
and his flight afterward was not
shaken appreciably. He maintained
sullenly that he remembered nothing
about the actual Killings.
Detectives Deny Beatings
Among the detectives who took the
stand was John J. Scott, Of the Wes,
135th Street station. He said he had
twice arrested Boldly.
Ever strike him or beat him ?" asked
Mr.. koenjg.
"Lver see any OF your fellow officers
strike or beat him ?"
"No."
"If you had seen them strike him
would you tell on them Z"
"No."
IF man was beaten by your fellow
4f1Nc
and placed under oath would you tel
on them ~
NO"
That's all" Mr. Koenig smiled al
the jury.
" ait d minute" interposed Justice
Wasscrvogel. Then he rephased the
/ question and Detective Scott finally
said;
I'D tell the truth"
Harry d. Bloomfield, formerly of the
same station and now assigned to tho
I'D precinct, denied that he had eve,
struck bodd. or seen him struck
Arrest OF Burglary Charge
anton Strasser, in uniform, testified
that he had arrested Boldly on bur
glary charge that was dismissed fou,
days later. He denied on cross-exa1n
nation chat he had knocked the ne
gro's teeth out.
Do YOU know that it's against thu
rules of the Police Department tt
strike prisoner unjustifably?
It's crime" said Strasser.
IT you had struck Boldly withou
justification you'd admit it?''
Il certainly would" said Strasse
stoutly.
That's ALL" said Mr.. Koenig, smil
ihg at the Jurors, some of whom wer,
grinning broadly.
Detective Thomas Donahue. Of tn.
97th Precinct; John T. Donahuc. of tn,
SSth West 135th Street station). an<
bernard J. Devanney, now of the 93t
Precinct. all told Of arresting Roddy
and all denied they had struck him o,
seen him struck
John Donahue tod Of arrestin.
: Boldly Novemb Der /. 1918
Did you question him p
Eyes"
What about."
The whereabouts Of boy named
Jack SON."
You were gentle with him -
81 was
Would you admit it under oath j,
yon had not been gentle witt, hin, ?"
The detective gazed vacantly a mo-
ment before replying:
~ wouldn't
There was burst of laughter in +bf
courtroom and as Donanue departed
his ears were red.