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FD-350 (Rev. 7-16-63) hed THIRDHAN SEIZED IN MALCOLM CASE | | New Suspect in Killing Also Faces an Assault Charge | | I | By PETER KIHSS A third Negro was arrested. | yesterday on charges of taking [part im the murder of Malcolm’ X, the black nationalist lead-: er, during a rally on Feb. 21. The new defendgnt tified: ‘himself as Thomas isx“Tohnson | § ‘of , P auth, the: Bronx, had been indicted: last month for first-degree as-' sault in the shooting of a Black! Muslim defector in a case in rwhich pis yo-defendant was! Normarn* tley, Butler is a Suspect i e@ pire of th Malcokn30 Z Ca: omas Jr., a Negro in’ his ee 000 bail as a m ess ‘in the slaying af the request © a grand jury that has started! —— an inquiry. Assistant District Attorney Robert W. McKeever told Supreme Court Justice Abraham J. Gellinoff that he believed Thomas had been pres- ent during the killing and had “vital information concerning the identity of the Perpetra- tors." ‘ , The new developments came after Butler's lawyer, Joseph B. Williams, obtained aw writ of. habeas corpus from Supreme, ;Court Justice John A. Mullen ‘for a hearing at 11 AM. today: ‘on why Butler, held without bail, should not be freed. 1 Tn his petition, Mr, Williams’ asserted Butler had been de-| tained “on a short affidavit’ [made by a police officer based wholly on hearsay” for “almost: seven days, which [s greatly in *eacess_pf 48 hours permitted \by law." ay (Mount Clipping in Space Below) The New York Times SEIZED FOR MURDER: Thomes 15X Johnson after his arrest yesterday in the shooting of Malcolm X. © Charges Called Hearsay He noted that earlier yester lay he had asked Judge Reube vy in Criminal Court for mmediate hearing for Butleré but Judge Levy granted a delay ‘until tomorrow at the request jof Assistant District Attorney Herbert J. Stern. In Criminal Court, Mr. Stern [had sought a delay until March j12, the date Judge Levy had set for hearing a felonious as- isault charge against Reuben Franola, Maleolm’s bodyguard. Francis is charged with shoot- ing and = wourdin, Thomas Hagan, alias Talmadge Hayer, the first Negro accused of Mal- colm’s murder. °. Francis's lawyer, Nathan H.! Mitchell, had also sought an im-| jmediate hearing, charging the: prosecution was “on a fishing! expedition” and had “nothing | substantia] in the way of evi- dence” against his 0 a Frap-! id in $10,000 bi : 3! act: Mit ‘. Bier, (Indicate gga, name—ai—— nhewspapdr, city and. state). Date: B/bL/CS Edition: Live CIM Author: SOTEr LIETS ATU TOM mat tor Editor: UlLiS lo 2 Tine; 9S LOC TLIO TLE me Character: CTC OF Clasalfication: Ry 107-3 29321 Submitting Office: YrYd ime Being Investigated /06-39493a)- A ———— OT FFECO ADED 176 MAR 10 1965 _ae =—eeee