Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1922-07-22
BODDIE MUST GO TO THE CHAIR
FOR MURDER OF POLICE.
I. S. MOORE.


peals handed down an opinion today
dy, colorcd, for the murder Of Detcc-
tive Francis j. Buckley, and William
A. Miller of the New York Police De.
partment. At the same time the court
affirmed the conviction Of Benjamin
Gitlow, former Socialist member Of
the Assembly; james Larkin, Irish
agitntor; John T.. Hettrick, New York
lawyer and John L. Knight.
GitlOw and Larkin were convicted
Of criminal anarchy and sent to pris-
OH for from five to ten years each.
while Hcttrick and knight were found
guilty of violating the Donelly anti
trust law, after disclosures by the
Lockwood committee. Hettrick was
sent to Jail for ninety days and fined
$1,000.
In the cases of Isaac T.. Ferguson.
and Charles e. Ruthcnberg, radical
agitators convicted Of criminal ah
nrchy, 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 he four radical agitators de
clared that the "left wing manifesto"
publication Of which was responslb, I.
in large measure for the conviction Of
the four men in the lower courts indl-
Gated that it was the aim to accom-
plish the overthrow of organized gov
eminent; not by the 'Igentle persuas
ion and the soft voice of diplomacy
but TINT conceived in an unlawful cou
spiracy that would inevitably function
with force and violence"
LAW DEFINING ANARCHY
UPHELD.
Counsel for the radical agitators
contcnded that the provisions in the
pena law defining criminal anarchy
were unconstitutional.
Upon this point Chief Justice His
cock said:
THE difference between free ana
fe"rlcss discussion Of public questions
and the advocacy Of destruction of gov
eminent itself ly means which are
hbhorent to the entire spirit Of our
institutions are so great that we deem
1t entirely unnecessary to discuss at
length the question whether the Legis
lature OF this State may not prohibit
the latter infringing upon the former
He added: ct doubtless would bs
somewhat Of 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 H..
able under this statute provided ON,
they suggested some dictatorship OF
other form Of class and unrepresen,;,.
1--WE government which possessed some
semDlhnce OF organization.
The opinion pointed out that were
the aims Of the radicals to be accul..
plshed self regulation and chaos
would take the place Of real govern
ment and order"
Justices Pound and Cardozo dis
scented.
BOLDLY MADE LONG FLIGHT
Boddy. who gained International NJ
tice ny his psectacular flight after h.
Killed the. two detectives had a crimi.
nal record. On tho day of the murdc,
he was taken into custody by the, two
detectives to be questioned concerning
an assault upon colored policeman.
re started for the police station with
out resistance.
"h:le on the way Ire suddenly
wheeled and whipped out n revolve,
ana shot both officers in quick success
sion. He ran to taxicab and at the
point OF gun compelled the chauffeur
TO drlVe him into New Jersey. The
Right continued across New Jersey.
re was finally captured in Philadel-
ph1a colored clergyman notifyin:
the Philadelphia police that Badly
was rOOmjnp II, a oo,to,,> ,,....