Malcolm X (54 page)

Section 18 continues the story of the investigation and the subsequent trial of Hayer, Butler and Johnson. Reuben Francis had jumped bail, so he could not be tried for his alleged shooting of Hayer. Evidence against the NOI appears in the file, including an interview with Los Angeles attorney Gladys Towles Root, who indicated that Malcolm was to be a witness in the paternity suits
of her clients against Elijah Muhammad. She stated that Malcolm had said, “If these cases are not hurried, I'll never be alive.” Information regarding who used which weapons in the shooting is clarified, and a final consensus seems to be reached that Hayer stood up first and used the .45, not Butler, as a previous informant had hypothesized.

As the trial begins, the prosecution's key witnesses in the FBI's eyes seem to be the Special Agent who received the .45 caliber pistol and the OAAU member who turned it in. This informant would only testify “after the courtroom was cleared of reporters and spectators, claiming his life was in danger if his identity was known.” The agent's testimony was apparently a great success, as Assistant DA Vincent Dermody called the Bureau to thank them “for making available SA [BUREAU DELETION].”

The February trial reports include only information regarding testimony and the basic facts of the case, with little indication of any opinions with respect to the guilt or innocence of the suspects. The file reflects that Hayer at first denied any involvement, but later “admitted he was hired to kill MALCOLM X for money, and had three other confederates whom he refused to identify.” Little concrete evidence is presented against Butler and Johnson, although it is noted that “Butler's actions on the witness stand [were] very detrimental to his case” (referring to his disrespectful behavior). No analysis is offered on the March 11 guilty verdict rendered by the jury or the April 14 life sentences by Justice Marks.

On February 23, 1967, a Memorial March took place at the Audubon. Speakers were: Akiyele Awolowo, Baba Oseijeman Adefumi, Stokely Carmichael, Charles 37X Morris, Ella Collins (President of the OAAU).

DATE: August 25, 1965

The New York Office has advised that Rueben [sic] X Francis, who is being sought by the New York City Police Department after failure to appear in court, is possibly residing in [BUREAU DELETION] Mexico. New York requests authority to advise the New York City Police Department of the address at which Francis could possibly be located.

Malcolm X Little, leader of the Muslim Mosque, Incorporated, Black Nationalist organization, was murdered on February 21, 1965. The New York City Police Department has arrested three individuals suspected of being the assassins. In addition, the police arrested Rueben [sic] X Francis who was with Little at the
time of his murder and shot and wounded one of the assassins. Francis was charged with felonious assault and was released on $10,000 bond, Francis was scheduled to appear in court on May 20, 1965 in connection with this charge. He did not appear and the New York City Police Department has been attempting to determine his whereabouts ever since.

[BUREAU DELETION]

The charge for which Francis is being sought comes within the scope of the Unlawful Flight Statute and the New York Office previously has discussed with police officers handling this matter the possibility of seeking Bureau assistance under the Unlawful Flight Statute. While the New York Office is receiving a continuing flow of unlawful flight cases from the New York Police Department there has been a hesitation in asking our assistance in this particular case. The New York Office advises that officers responsible for the Francis case have been convinced that Francis has been hiding out in the New York City area. We have received similar reports; however, the current information clearly indicates Francis has fled to Mexico. The New York Office on August 24, 1965, advised that with the current information indicating the subject is out of the country, the New York City Police Department in all likelihood would request Bureau assistance under the Unlawful Flight Statute.

If a Federal unlawful flight warrant is obtained, our [BUREAU DELETION] would very likely be able to have Francis deported to the United States where he could be taken into custody by Bureau Agents.

With this in mind the New York Office is being instructed to contact the New York City Police Department and, utilizing the current information indicating subject has fled the country, fully explore the possibility of obtaining a Federal unlawful flight warrant. [BUREAU DELETION]

There is attached for approval an airtel instructing the New York Office, based on information that subject has fled to Mexico, to fully explore the possibility of obtaining a Federal unlawful flight warrant concerning subject Francis.

Los Angeles, California
September 2, 1965

Reference the letterhead memorandum dated June 15, 1965, at Philadelphia, Pennsylvania, wherein Malcolm Little was identified as the former leader of the Muslim Mosque, Incorporated . . . and Elijah Muhammad as the leader of the Nation of Islam.

The
Chicago Tribune
, which is a daily newspaper published in Chicago, Illinois, on February 25, 1965 reported an interview with Los Angeles Attorney Mrs. Gladys Towles Root, who represented clients who filed the paternity suits in Los Angeles against Elijah Muhammad. Root disclosed on February 24, 1965, that Malcolm X, the Negro Nationalist Leader slain Sunday in New York, planned to be a witness against Elijah Muhammad, the Black Muslim leader in the two paternity suits. Malcolm X was reported to be the intermediary for Elijah Muhammad in trying to settle out of court the claims of the two women plaintiffs before he split with Muhammad. Mrs. Root reiterated that after the paternity suits were filed on July 2, 1964, Muhammad had tried to induce an assistant to assume responsibility for the paternity so that Muhammad could keep his spiritual image on a high plane in the eyes of his followers. She stated that Malcolm X had stated he had intended to tell all of this in court when the cases came to trial and he also said, “If these cases are not hurried, I'll never be alive.” The two women who filed paternity suits were reportedly residing together and they moved twice since the suits were filed, according to the lawyer. She said that there had recently been an explosion at the dwelling next to the one occupied by the two plaintiffs. Mrs. Root explained she had not attempted to get an early trial set for the two cases because the women had been receiving $100 a month support for each child. The money was described as having come “from the church” by
the attorney, and she said that she could not define the source of the money more specifically. It was developed during the interview that the paternity actions may have to be transferred to Chicago because that is where Muhammad has property in his own name.

Copy to:

Office: New York,
New York

Bureau File No.: 100-399321

Field Office File No.: 105-8999

Synopsis:

LITTLE, formerly known as MALCOLM X, leader of the MMI, was shot and killed while addressing an OAAU public rally in the Audubon Ballroom on 2/21/65, at New York City. Three members of the NOI were arrested by the NYCPD in connection with the death of MALCOLM X. MALCOLM X was buried in Ferncliff Cemetery, Hartsdale, New York, on 2/27/65. . . .

On February 21, 1965, at 3:10
P.M
., [BUREAU DELETION] advised that MALCOLM X had just been shot in the Audubon Ballroom, New York City, while addressing an OAAU public rally. [BUREAU DELETION] that REUBEN X FRANCIS,
one of MALCOLM‘S officers, fired back at those shooting at MALCOLM X. He stated that a Negro male was captured outside the Audubon Ballroom immediately after the shooting.

[BUREAU DELETION] advised Special Agent (SA) [BUREAU DELETION] on February 21, 1965, that at approximately 3:10
P.M
., this date, he received a call at the station that a homicide was committed at the Audubon Ballroom, 654 West 166th Street, New York City.

He stated that [BUREAU DELETION] advised the same date that MALCOLM X, Negro, male, age 39, of Suite 128, Hotel Theresa, Seventh Avenue and 125th Street, New York City, while on the stage of the Audubon Ballroom, was shot and killed by unknown persons. [BUREAU DELETION] stated that MALCOLM X was pronounced dead on arrival by Dr. J. A. COLLINS at Vanderbilt Clinic, Presbyterian Hospital, 168th Street and Broadway, New York City, on February 21, 1965. [BUREAU DELETION] stated that the NYCPD determined that the shooting of MALCOLM X occurred at about 3:10
P.M
., February 21, 1965.

On February 21, 1965, [BUREAU DELETION] both of the [BUREAU DELETION] advised SA [BUREAU DELETION] that MALCOLM X was shot that afternoon during a rally of the OAAU at the Audubon Ballroom. [BUREAU DELETION] was on patrol on Broadway when he heard shots coming from the Audubon Ballroom. He immediately proceeded in that direction where he saw people coming out of the said ballroom shouting MALCOLM X had been shot. Others were shouting, “Don't let him get away.” [BUREAU DELETION] at that time, arrested a person identified as “THOMAS HAGAN” as he was running out of the ballroom. When arrested, HAGAN had on him a .45 caliber automatic clip with four rounds. He had been shot in the left leg.

[BUREAU DELETION] further advised SA [BUREAU DELETION] on February 21, 1965, that the [BUREAU DELETION] obtained two witnesses immediately after the shooting, namely [BUREAU DELETION].

[BUREAU DELETION] gave statements in which [BUREAU DELETION] saw HAGAN with a gun in his hand while
MALCOLM X was on the stage speaking. They said MALCOLM X suddenly called out “Hold it” and after this, [BUREAU DELETION] dropped to the floor and did not actually see MALCOLM X shot. They stated before they dropped to the floor, they saw HAGAN with a gun in his hand pointing it toward MALCOLM X. The next thing they saw was HAGAN trying to run out of the ballroom with a gun in his hand. According to [BUREAU DELETION] as Hagan ran out, one of MALCOLM‘S group shot three times at HAGAN with an automatic pistol. HAGAN did not have the pistol on him when he was arrested outside the ballroom.

[BUREAU DELETION] who was sitting in the front row in the Audubon Ballroom, was shot in the foot during the shooting spree in which MALCOLM X was shot. He also stated that [BUREAU DELETION] was also hit during the shooting spree in the ballroom and both [BUREAU DELETION] were treated at Columbia Presbyterian Hospital, New York City.