The New York herald., 1922-07-15
BANTON STOPS TRIAL
. OF NEGRO SLAYER
SAYS He Understands Race
and Believes Caine
Is Innocent.
SEIZED IN BOLDLY CASE
Accused of Getting 1886 in
Holdup and Killing
Harlem JanitOr.
PRISONER is THANKFUL
Had No Fancy Clothes or
Liquor and SO Is Presumed
Not Guilty of Theft.
PRISONER is THANKFUL

1ne TACT tnat DlStrlct Attorney Ban
ton was reared in Texas and probably,
as he says himself. knows as much
about negro psychology as any man in
New York" was responsible yesterday
for the freeing Of former Louisiana
negro, William Caine of 265 West
Forty seventh street, of a charge of
5rst degree murder. Caine was taken
from his cell in the Tombs before
Judge Talley in General Sessions ex-
pectting to go on trial when Mr.. Ban
ION stepped up to the young negro.
II was born in the South and know
YOU boys" said the District Attorney.
II have reached the conclusion that
you are innocent, and I am going to
tarn you out"
Thank God young massa, Thank
God" he called out and he tried to
seize Mr. Banton's hand and shake it
After Detectives Miller and Buckley
were shot fatally by Luther Boldly,
negro desperado,in Harlem on January
5, the police began a general roundup
OF young negroes and Caine was one
Of those caught He was taken to Har-
lem Hospital. but Detective Miller.
who was dying, failed to identify him.
and Detective England. who knew
Boldly, said that the prisoner was not
the man wanted.
Real Estate Man Accuses Him.
The police we're just going to set
Caine free when Jacob Belkin. n real
estate dealer of 5S West 105th street.
identified him as the holdup man who
had shot and killed Charles Johnston.
ianitor of the apartment house at 161
West 140th street. in front of o73 West
10th street
Belkin explained that he had coll
lected $s35 in rent and that. feeling
nervous because he had so much money
with him. he asked Johnston to walk
with him to the elevated station at
Eighth avenue and 10th street. They
were on their way. he explained. when
a young negro stepped UP with revol.
yer. shot Johnston dead. took the rent
money and escaped. Belkin appeared
before the Grand Jury; Caine was in.
dicted for first degree murder. and s
special panel OF 100 talesmen was called
last April when he was to have gone
on trial.
Just before the case was to have
started George y. Brothers. the AS
sistant District Attorney who was tc
prosecute told Mr. Ranton he had
doubt about Caine's guilt and that hi.
conscience was uneasy District Attor
ney Banton at once directed that tn,
special talesmen be dismissed and tina
further investigation he made.
II was developed. so Mr.. Banton sait
Yesterday. that Caine was found as'eel
In basement not far from wher
Johnston was killed about two hour
after the murder.
Would HIVE Fled From Crime.
II know enough about negroes" sail
the District Attorney to Judge TalIey
ito feel certain that II Caine were guilt
ne wouldn't have stayed near the seem
Of the murder. He would have tried 4
get as far away as possible. And X h
had taken $685. he wouldn't have beer
ragged and penniless as he was whei
the police got him. He would have beef
dressed in the most vivid raiment oh
tainable. And. thirdly. he wouldn't hav
been sober. as he was"
The murder indictment was filed an
Calne was taken back to the Tombs t
: await trial in Special Sessions on
charge Of violating the Sullivan law
The revolver they say they found o.
him was loaded. but II had not bee
dred.
when you get back to your cell ge
down on your knees and thank Co
the District Attorney comes from tn
South and understands you boys MI
Panton said to Caine as the cour
officers started with him from the cour