New-York tribune., 1921-03-12
Jury for Flood
TrialCompleted
In Quick Time
O'Brien. Also Accused Of
Murder. Will Be Tried
Separately on Demand
of Counsel for Defense
Whitman Is Prosecutor
Alleged Killing of Youth by
Policemen Took Place
More Than ? Years Ago

A jury was completed and sworn in
~ ) o'clock yesterday afternoon for
The trial of Patrolman Cornelius T..
Flood. charged with murder in me first
degree on an indictment found against
him b. the additional grand jury which
is presiding over the Whitman investi-
CATION OF the Hylan administration.
The Flood trial will be the first in
which former Governor Whitman has
appeared in court as prosecutor against
. policeman since the days OF the
Becker case
Long before the doors of Judge
Charles c. Motifs court in General Ses-
sscns were opened, an hour before
noon. crowd jammed the second floor
corridors Of the Criminal Courts Build
ing, anxious to gain entrance Many Of
inc uid-be spectators OF the early
phases Of the trial were turned away.
Before the first juror had been Sc
-eeted fer the trial of Flood, who, with
Pstro man Robert 4. O'Brien. is ac-
eused OF killing siXrecn-year-old James
Cushing on the roof OF & tenement at
ga West Fiftieth Street, in July, 1918,
william J. Fallon. counsel for the de-
.y.sse demanded a separate trial for
h client. 1t had been assumed by
Nr Whitman ard apparently by the
eourt that the two officers were to be
tried together.
Assistant District Attorney George
\ Brothers, who is assisting Mr. Whit
man in the prosecution of the case,
10
Judge Mott asked Mr.. Whitman which
Of the two defendants he wished to try
first and the former Governor named
Flood, who is supposed to have fired
the shots which caused Cushing's death.
Flood was Immediately brought over
from the Tombs and Mr.. Whitman be
gan questioning the first talesman. His
interrogation OF the prospective jurors
was brief and perfunctory, the ques-
tionS m every case being the same. He
asked whether the talesman was &C
ouainted with the defendant. his at
torreys or members of the Police De-
partm ment.
Talesmen Are Questioned
Nr Fallon questioned every talesman
closely. He asked them whether they
had read accounts of the police investi-
CATION being conducted by Mr.. Whit
man and whether they had any pref
dices against the Police Department.
Mr. Fallon asked. also, whether the
fact that the prosecutor had been a
Governor Of the State of New York
would have any effect upon the verdict
that might be rendered.
After the last juror was selected an
adjournment was taken until Monday
morning, when Mr.. Whitman will make
is opening address.
The jury IS as follows:
Melvin c. Hascall, foreman, foundry,
125 " est Eighty-tfth Street.
James A. Anston, manager, 124 Con-
vent Avenue.
Edwin NJ. Silvcrmann, suspenders,
249 West 1o7th Street.
Warren B. Newkirk, plumber, 256
West Ninety Street.
Sidney s. Lenz, editor, 308 West
Nnery-seventh Street.
J Charles L. Snow, treasurer. 402 West
1880 Street.
George S. Jephson, manufacturer, $50
Riverside Drive.
Clarence R. Kilbourne. hotel, 3o2
Convent Avenue
Henry L. Purdy, 66 East Fifty fourth
Street
Frank A. Wright, architect, 81 East
Eight xth Street.
William H. Moeller. painter, 420 Wcs
j60th Street.
j. Henry Connell, broker. 146 Cen
tral Park West.
Mr. Fallen informed Judge Mott that
ne had come TO court prepared to try
tne case of Captain William A. Bailey,
formerly in command of the 23d Pre-
cInct and now under indictment on the
charge Of having accepted an unlawful
gratuity.
The attorney was informed by Judge
Mott that the Bailey case was no long
er on the calendar of his court, having
beer transferred to the Criminal
Branch of the Supreme Court.
Il urge upon your honor that the
removal Of this case to the Supreme
Court was an irregular proceeding. and
/ repeat that stand ready to go ahead
with the trial of Captain Bailey" Mr..
Fallon said
That may be true" replied Judge
Mott, but 1t has been the practice for
years 10 do such things although there
Is nothing 2 the code that would pro
vide basis for such a proceeding. |
hope the matter will be thoroughly
tested
Mr. FaIlon declared that he meant to
test the legality OF having the cases
transferred from General Sessions to
the Supreme Court and s1id that be
hoped Judge Mott would have them
confined to his court.