New-York tribune., 1921-03-15
w oman Tells of
Seeing Police
Shoot Boy, 10
Eyewitness to the Killing
of Jimmy Cushing Is
Unsl1aken i'm Testimony
at Flood Murder Trial
Saw Officer Jab the Lad
Youth Says Defendant Put
y Gun to His Back; Beat
en- With Butt of Revolver

Mrs. Alice Smith Kenny, twenty
years old, the mother of two children,
proved to be the star witness against
Patrolman Cornelius J. Flood, former
ly Of the West Forty seventh Street
station, when he was placed on trial
yesterday before Judge Charles c. Mott
jr., in Part V, General Sessions, charged
with the murder Of sixteenyearo
James Gushing in July, 1918.
While other witnesses weakened un-
der the fire of sharp cross-examina-
ton by William j. Fallon, counsel for
Flood, Mrs. Kenny, pale, petite and
straightforward story of the killing of
young Jimmy Gushing as she had wit
messed it from the roof of tenement
in West Forty-ninth Street, where, she
said, she had gone to dry her hair in
the sun.
With Patrolman Robert A. O'Brien
Flood was indicted for first degree
murder by the extraordinary grand
jury.
Former Governor Charles s. Whit
man. aided by Assistant District At
torney George n. Brothers, directed
the prosecution of Flood, and, while
rot making the opening address, he
conducted the direct examination Of
Mrs. Kenny, on whose testimony he
apparently pins his hopes of convic~
ton.
Victims Father Answers Clergyman
Mr.. Whitman was asked last night by
Tribune reporter whether he would
make reply to the statements attribu-
ted to Monsignor Lavelle, of st. Pat
rick's Cathedral, at a breakfast given
in the Hotel Commodore Sunday morn
ing by the Holy Name Society Of the
Police Department.
Monsignor Lavelle protested against
the holding Of lood ami O'Brien on a
first degree murder charge, which
makes it impossible to admit either to
lail. He was quoted as saying that the
matter makes me sore"
At the Criminal Courts Building yes
terday it was said that Flood was at
one time choir boy at st. Patricks's.
While Mr.. Whitman declared that
he did not care to discuss the incident
controversy with Monsignor Lavelle
on the merits of the case, j ohm Cush-
ing. father of the dead boy, who was
called yesterday as witness, gave to
reporters written statement in which
lie said "it was not Monsignor La
velle's affair to pass an opinion or use
any influence in this matter"
Flood Shows Little Interest
Yesterdays proceedings seemed to
have little interest for Flood, although
his life may depend on the outcome of
the trial. Sitting beside counsel, he
gazed languidly out of the window at a
of fp,% foI Dy,l
cred over roof across the street.
Pigeons played an important part in
the testimony given by the witnesses,
and probably were responsible for
Jimmy Cushing's presence on the roof
of the West Fiftieth Street tenement
where he met his death, supposedly at
Hoods hands.
handled with great rapidity. and when
it became evident that Mrs. Alice
Smith Kenny could be called Mr.. Whit
man sent taXicab to her home, $40
West Fortysixth Street, and she ar
rived ut the Criminal Courts Building
with her two children-Florence
seventeen months, and Jack. four
months.
Mrs. Kenny told the jury that on the
afternoon Of Sunday, July IA, 1918.
she washed her hair and went to the
roof of her home to dry it. With her
was her friend, May Burns.
We noticed some pigeons flying
about the roof of 522 West Fifticth
Street" Mrs. Kenny said There were
some boys there, too, but we did not
pay much attention to them until we
heard one OF them shout 'Butso' and
then they all started running in differ
ent directions"
1t was explained by other witnesses
that "butso'' is a code word used by
West Side youngsters when it is time
10 flee from an approaching cop.
Heard Three Shots Distinctly
about the same time heard the
boys shout ! saw man in plain clothes
and a straw hat step out on the roof
OF the house at 500. He carried re-
volver in his hand A second later
another man. also carrying q revolver,
appeared on the roof of 522," CON
tinued Mrs. Kenny.
The policemen were pointing their
guns at three of the boys who were
running west across the roof. and as
they dropped down to the roof of 524,
which is much lower than those on
either side, the men started shooting
heard three shots distinctly, but |
think there were more. Less than five
seconds separated the first and third
shots.
Then May screamed and pointed to
boy who was climbing up on the roof
OF $50. He had no coat on and | could
see blood on his shirt. This boy passed
out of sight behind chimney and we
did not see him again until some time
after when we went over and found his
dead body lying face downward in the
tar and gravel that covered the roof"
mistaken in Her Story
Mrs. Kenny told of seeing two other
boys hiding on the lower roof She
said that Flood jumped down to this
lower level and placed his revolver
against the back of one of the young
stcrs.
HE was jabbing the boy in the back
with the gun and | shouted to him to
stop and take the child to the station
house." Mrs. Kenny testified "He
shouted back that ought to mind my
own business"
Under cross-examination of Mr.. Fal-
Ion, the WITNESSES story remained un-
shaken. She was indefinite as to just
how many shots she had heard, but was
sure there had been at least three.
Mr.. Fallon had more success with
John st. John, eighteen years old, an
other witness called by the prosecu-
tion. The boy was one of those on the
roof when tie shooting took place.
When stenographic report of the
statements he had made to Assistant
District Attorney Joyce and the grand