The New York herald., 1922-01-24
Plea for Postponement to
Build Up Case Denied
to Defence.
PROSECUTION ON TO-DAY
Accused in New Brown Suit
and Silk Shirt Parades on
Way to TOmbs.

sevcnty-one talesmen in a court room
barricaded by benches and guarded in
side and out by detectives. uniformed
policemen. and deputy sheriffs a jury
was obtained yesterday afternoon in
the Criminal Branch of the Supreme
Court for the trial of Luther Boldly
negro. who shot and killed two detec-
tiyes.
Although the end of the trial may
meaii a few solemn words condemning
him to death in the electric chair
Boldly appeared more interestdd than
the center. He maintained solemnity,
sitting motionless among his lawyers
occasionally answering a whispered
question and rising promptly at the
man who took the oath.
At the end of the day. some minutes
after 5. when Justice Isador Wasservo-
gel adjourned court, Boldly apparently
considered formality at an end. He
grinned broadly back at his wife. mother
and other relatives seated with negroes
on two rows of benches, and shook one
hand in the other with great vigor.
Prosecution Opens To-day.
He then was led. closely guarded. over
the Bridge of 'Sighs to the Tombs. When
he passes over the bridge again this
morning it will be to hear District At
torney Banton demand his life for the
murder of Detective Sergeant Francis j.
Buckley. Mr.. Banton believes he can
present the States case against Boldly
in a. single day. but that OF the defense,
which is led by Morris Kocng, former
Judge, probably will take several days.
Two hours before the trial began curl
osity seekers filtered into the Criminal
Courts Building and by 10 o'clock a call
was sent for the reserves of the Eliza
beth street station. They were badly
needed to keep passageways clear. In
the crowd were many negroes. including
representatives of various societies and
publications OF the race, and more than
q sprinkling of policemen off duty.
The sight for most OF those present
was the passage of Boldly from the
Bridge of Signs along the mezzaninc
floor OF the Criminal Courts Building
and down a fight of stairs into the
court room. He was clad In brown
overcoat. a new brown suit. silk shirt
and highly polished shoes, and over
shadowed those guarding him. The curl
GUS pressed forward. but made no DEM
rr-,,. f~- Of
ent, was all that was to be seen. for
none except those with business In the
court room were admitted.
Benches were placed so that no one
could approach within twenty or thirty
feet Of the court except By one narrow
path Police and court attendants Gus
tered about the door.
Before the selection of jurors MT
Koenig made AN effort to obtain a post
ponement because of the shortness OF
time since he and Herman HOFFMAN and
Frank Aranow were assigned to the de-
Tense. He also pleaded that there was
an atmosphere of hostility against
Yoddy as the result of the newspaper
comments, expressions by public officials
and the killing OF Policeman Motz by the
negro Whaley. !.
at has developed that members OF
the defendants family on his mothers $
side were in insane asyfums In various
parts Of the country" Mr.. koenig SAID
in pleading for more time In which TO get
evidence He said he had information
that an aunt Of Boldly died In an insane
asylum in Maryland and another MEM
Der Of the family is in an asylum In New
Jersey.
In opposing the motion for postpone
rent District Attorney Banton said
eleven or twelve days were sufficient TO
prepare a defense. He added that he
had arranged with one or Boddy's law
yers to get into communication by long
distance telephone with an insane asy-
larn to have representatives in court
with records. Justice wssservogel over
ruled Mr.. Koenig's motion.
way Made for Insanity Plea.
In examining the talesmen the Boldly
lawyers eliminated those suspected OF
prejudice and made sure that all on the
Jury were not opposed to a defence CT
insanity.
The Jurors accepted after the defence
had used twenty-four of the thirty chai-
lcnges allowed. and the State nine. are:
William ii. Wilson. dry goods mer-
chant. $40 West Forty-seventh street;
Fenry NJ. Mayper. insurance. 16 East
Eighty-seventh street Arthur Totten,
1ewclry salesman, J5J west fourtcentr
street John N. Mart. taxicab owner.
504 West f30th street; Morris Long
salesman. 500 West 135th street;
Charles ". Erect. manufacture, - West
Eighty-ffth street Enias McLennon. silk
falesman. 240 Waverley place: Henry
j.. Sturgis. assistant superintendent. sos
West f74th street Clarence A. Rode,
lithographer a. West Forty-fourth
street r. Mortimer Barnes. broker. III
East Seventy. eighth street: Frank J.
Pirettl. publisher, 61 West 106th street
and Edward T. Dugr3n manufacturing
chemist. $50 Riverside Drive.
Frank Whaley. slayer OF Patrolman
otto w. Motz, pleaded not guilty yes
terday before Judge Mcintyre In Gen.
eral Sessions Ills lawyers Leonard
sinitkin, ex-Judge. and j. n. Gilbert
asked for lunacy commission to look
Into Whaley's mentality Judge NrcTn-
tyre declined TO do this before a phys..
clan has seen Whaley in the Tonbs to-
day.
S25.ooO PEARLS STILL MISSING.
The mystery surrounding ths theft CT
the pearl necklace Vailed ut $4,000.
which was stolen from the residence Of
Miss Marion Renee Carhart at Tuxedo
Park. January 3. remained unsoived up
TO last night. Several ciews arc beinp