The New York herald., 1921-02-16
WHITMAN SEEKS
MURDER EVIDENCE
FOR POLICE TRIAL
Investigator Spends DayBe-
fore Grand Jury With De-
partment Witnesses.
'HIGHER-UPS; TESTIFY
Two PatrOlmen Accused OF
Killing Boy on Roof to Face
Charge Feb. %.
NEW INFORMER FOUND
No Action Yet Taken on Shoot
ing Of Walsh, the Boot
logger.
NEW INF0RMER FOUND

Charles S. Whitman spent all his
time before the Grand Jury yesterday
in getting more information about the
killing Of James Cushing and it's in
vestigation by the Police Department.
Cushing was the boy who was shot
on a West Fiftieth street roof in July,
1918, while running from Patrolmen
Robert A. OBrien and Cornelius j.
Flood. Mr. Whitman had Flood and
C'Brien indicted last week on
charge of murder in the first degree.
Apparently he now wishes to gather
more evidence to be used at the trials,
beginning February %. and also to
satisfy himself as to the manner IN
which the Police Department handled
the case at the time and of its pre-
sentation to the Grand Jury which, in
the same month as the shooting, ex-
onerated the two patrolmen and re-
turned no indictment
He found that Flood and OBrfen,
after the original Grand Jury finished
its inquiry. were placed on trial at
HedugUdTLtTS DclOEt JoHh w. NV''f 49,
then a Deputy Commissioned, and ac-
quilted. Mr.. Whitman hastened TO say
last night that Mr. Goff was not to be
blamed, as the action of the Grand
Jury IN throwing out the case would
naturally lead TO a similar conclusion
at headquarters. Mr.. Whitman saw no
reason he said, why the police trial
should have resulted otherwise than II
did. "in view OF the fact that the Grand
Jury found that no crime had been COM
snitted by policemen who went on the
roof and killed a boy" 1t Is apparently
true, however. that the eye witnesses
testimony before Mr.. Coff was stronger
than il was before the Grand Jury.
To Extend Murder Inquiry.
Mr.. whitman said that the present
Grand Jury has no right TO investigate
the acts of another, but can investigate
the acts OF any public officer. When
he was asked II any member OF the
District Attorneys staff was involved
in his inquiry, he said: II can't answer
that"
One Of yesterdays witnesses was
Capt. Mckinney, commanding the West
Forty-seventh street station at the time
the Gushing boy was killed. He was on
direction OF head quarters, he laid for
NAL complaint against Flood ana
O'Brien. so that they could have a po-
iice trial. the charge being that their
careless handling of revolvers caused
the death of Gushing. The other wit
nesses we're Lieut.. Murray. acting Cap
tain of the precinct while Mckinney was
away: Capt. Arthur Carey, chief Of the
homicide squad. who investigated the
case, and two police clerks, who identi-
Ned records.
smith Kenny and May Burnes, is said
to have witnessed the firing OF revolvers
and the death of Cushing was subpo-
raed yesterday TO present herself for
examination to-day.
Tomorrow. when the Grand Jury sits
again. Il Is likely TO resume its scrutiny
interrupted fortnight ago. Of affairs in
the Fire Department. Indictment OF a
minor figure In the department who is
accused of grating was understood to
have been voted some time ago, but the
bill has not been presented in court. Two
witnesses directed to appear tomorrow
nre Or. Joseph e. Smith, chief medical
officer of the department, and another
fire surgeon. Neither of them is under
suspicion. Dr. Smith, whose white beard
and benevolent countenance contrast
pleasIngly with the majority of visitors
al the Criminal Courts Building had a
talk with Mr.. whitman yesterday.
whitman silent on walsh Case.
Frederick j. Groehl Of the Whitman
staff appeared eated yesterday over
-.+-. --~- -rid 10 be the confession of
rrr ser astr mobile thief who had linked
fp a thi.e and the cops" The iden-
fFg ~ DIS reputed informer was not
Elas-.srahie a hearing for Thomas
r len. cH ged with bringing stolen
,ar nto rhe state and author of an
s.f1aUtt ~ ,rn TO In Mr.. Whitman s
s4reseact ru Monday, Is duo TO be held
"a .ps aver ,gton Heights court to-day
bri tg- tiro hi will ask for a postpone
oans rrRr II Is in the Harlem prison
AreUar 1hitman assistant Arthur
III Eihe. has been looking for two weeks
far a mlss ng Witness" supposed tC
know nout the letting OF sewer con
srarfe jn Queens county. This man, Mr.
Wisr report has come back TO the city
~ $3.50 nne being watched by two de-
k4rtNft 81 hat his presence at the
f3r.uinel cuts Building to-day may be
.sured ne has the information hs
a. ,5-cdWel i'm having. the sewer con-
srscra in cation 20 which city officer
haA been vaguely mentioned may he
aired IN tomorrow meeting OF tho
Grand Jury.
Mr.. Whitman was asked II any OF his
agents was In New Jersey investigating
the killing Of Frank Walsh. the bootleg
ger. who has ben pictured as having
''squealcd" 20 Assistant District Attor.
noy James u. Smith.
II have nothing to sat about til,
WALL. souo vVaq tfa onaurr