The New York herald., 1922-07-13
Sought Overthrow of Govern
ment, Is Court of Appeals
Decision.
BOLDLY MUST GO TO CHAIR
Hettrick and Knight, Head of
Plumbing Conspiracy, Can
not Escape Jail.

ALBANY, July '12.-The Court of Ap-
peals handed down an opinion to-day
affirming the conviction of Luther
Boldly, negro. for the murder OF
Detective Francis J. Buckley and
William A. Miller of the New York
Police Department. At the, same time
the court affirmed the conviction OF
Benjamin Gitlow. former Socialist
member Of the Assembly; James Lar
kin, Irish agitator; John F. Hettrick
New York lawyer, and John L. knight
Gitlow and Lark;n were convicted
Of criminal anarchy and sent to prison
fer from five to ten years each. while
Isttrick and knight were found
guilty Of violating the Donnelly anti
trust law, after disclosures by the
Lockwood committee. Hettrick was
sent to Jail for ninety. days and fined
81 900.
In the cases Of Isaac Z. Ferguson
and Charles L. Ruthenberg. radical
agitators convicted of criminal an
archy, the court granted new trials
largely because Of errors committed in
the trial court
Frank II. Hiscock, Chief Justice.
writing the prevailing opinion in the
case Of the four radical agitators. de-
clared that the left wing manifesto" "
publication OF which was responsible
in large measure for the conviction of
the four men in the lower courts, indi-
Gated that it was the aim to accom-
plish the overthrow Of organized gov
ernment, not by the gentle persuasion
and the soft voice of diplomacy but
that conceived in an unlawful con-
spiracy that would inevitably func-
ton with force and violence"
Counsel for the radical agtators con-
tended that the provisions in the penal
law defining criminal anarchy were un-
constitutional
Upon this point Chief Justice Hiscock
said:
The difference between free and fear
less discussion of public questions and
the advocacy of destruction Of govern
ment itself by means which are abhorrent
so great that we deem Il entirely unnec-
es5ary to discuss at lenytn the question
whether the Legislature of this State
may not prohibit the latter without in
fiinging upon the former
He added: 'Tt doubtless would he
somewhat of a shock to citizens of this
State to be told that persons born In
other countries and saturated with
anarchistic and revolutionary notions
might come into this State and advo-
cate the overthrow by force of our
present Government without being
liable under this statute provided oniy
they suggested some Dictatorship or
other form Of class and unrepresenta-
tive government which possessed some
senblance of organization"
Justices Pound and Cardozo dis
sented,
Boldly. who gained international
notice by his spectacular flight after ba
killed the two detectives. had a criminal
record. On the day of the murder he
was taken into custody by the two
detectives to be questioned concerning
an assault upon negro policeman. He
started for the police station without
resistance.
While on the way he suddenly
wheeled and whipped out a revolver and
shot both officers in quick succession
He ran to a taxcab and at the point of
a gun compelled the chauffeur to drive
him into New Jersey. The flight con-
tinued across New Jersey. He was
finally captured in Philadelphia. negro
clergyman notifying the Philadelphia
police that Boldly was rooming In a
certain house.
Hettrick and knight were Jointly con-
ytr al In xsttt
maintain excessive prices for plumbing
and with attempting to fix bids and
specifications relating to this character
OF work.