The New York herald., 1921-03-15
WOMAN DESCRIBES
HOW COP SHOT BOY
ON A 5OTHST.R ROOF
Mrs. Kenny Sure Two
Policemen Aimed Pistols
at Lads Before Firing.
SAW ONE WAS INJURED
Father Of Victim Resents
Report of Mgr. Layelle's
Sympathy for Flood.
WHITMAN is PROSECUTOR
Erstwhile Governor Appears
in First Trial Resulting
From His Inquiry.
WHITMAN is PROSECUTOR

The trial OF Patrolman Cornelius J.
Flood charged with the murder of
James Cushing. 10 years old, who was
shot on West Fiftieth street roof in
the summer OF 1918, got well under
way before Judge Charles C. Mott and
a jury In the Court Of General Ses-
slons yesterday.
This case excites more than ordinary
interest for several reasons. 1t Is the
first trial OF an indictment obtained by
ex-Gov. Whitman In his investigation
Of city affairs Mr.. Whitman, emer-
gng from the secrecy Of the Grand
Jury room, steps into court as prose
cutor, appearing In a criminal court
for the first time since he convicted
the Becker group.
Moreover, 4 policeman defending
himself against charge of murder is
unusual. III defence of this particu-
lar policeman such a well known fig
ure as Mgr Lavelle, rector of st. Pat
ricks Cathedral, is quoted as saying
at d breakfast of the Holy Name So
ciety of the Police Department on
Sunday that he was good and sore
over the treatment of such honest fine
policemen as Flood and O'Brien'-
Robert a. O'Brien being Floods part
ner. indicted with him and to be tried
next
John Gushing, father of the boy who \
was killed, was in court yesterday He
wrote this on bit Of paper and gave it
to the reporters:
"s,isr Lavelle or Commissioner En-
right had no right to express their opin-
ion on the indictment Of the murderer
OF my son. 1t is none OF their affair
to intercede for murderer and does
not come within the rules of the Catholic
religion for Mgr. Lavelle TO pass his
opinion or use his influence in such mat
ters."
Accused Cop Looks Boyish.
Flood. In civilian blue suit. sitting be-
side mis- counsel. William J. Fallon and
Eugene +. McGee. looked rather boyish.
lie Is under so. slim, reddish brown
haired. fresh complexioned. His mother
and sister were among the spectators.
Every seat was taken. George N. Broth
ers, Assistant District Attorney. made
the opening speech to the jury. MIR.
Whitman examined the States principal
Witness Mrs Alice Smith Kenny OF 5l0
West Forty sixth street.
In his address Mr.. Brothers said II
would be proved that on the afternoon
OF Sunday, July IA, 1918, Patrolmen
Flood and o'Brien suddenly appeared
on Z roof where eight or ten boys were
| flying pigeons or watching them fly.
that the boys ran and that before any
thing had been said the policemen fired
four or five shots toward them. James
Gushing WINS shot in the back and died
on one of the roofs
Mr.. Whitman's principal witness, Mrs.
Alice Smith Kenny, is only 30 years old,
but has two babies which Assistant DIG
trict Attorney Jim Smith. upstairs in his
office. entertained during the absence
of their mother. She was plain Alice
Smith back In 1918 and lived in tene-
ment In Forty-ninth street.
Mrs. Kenny said that on the day of
the shooting she and her friend May
Byrnes went to the roof OF their house
to dry their hair after washing. o. &Se
adjacent Fiftieth street roof eight or ten
boys were playing or sitting around.
She saw some pigeons flying. She did
not know the boys. She was reading a
paper. but gave attention to the boys.
when one of them yelled "Butso." which
means "the cops beat t." She saw two
men in plain clothes. afterward Identified
as Flood and o'Brien, appear on the
roof, one on the roof OF SIS, the other
on $40 West Fiftieth street. Later in
her examination, after seeing photo
praph she said the numbers were $40
and 522 She told of the two men meet
ing. Of their firing, almost simultane-
ously. two shots and few seconds later
a third shot. Both pistols, she swore.
were aimed directly at several boys who
were running along the roofs westward.
The boys dropped to lower roof at 624.
wounded Boy ont of sight.
May punches me and says, Look ="
Mrs Kenny continued. II look and /
seen boy with blood on his shirt climb
ing UP the wall from No. 524 to No.
5so." (It should be explained that the
numbers 52e and 52s are lacking In this
block Some OF the boys" she said,
run among the chimneys. We watched
the boy with blood on his shirt. He
climbed up, run a little. then dropped
out OF sight"
Cushing was found dead on the roof
OF $40.
Mrs. Kenny said that after shooting
Flood Jumped down TO the roof OF b24
and beat two boys. holding his pistol
\ TO their backs.
Il shouted, Leave that boy alone I
she testified. Flood hollered back TO her,
Mind your own business. she added.
Not 10 good was John ST John OF b4S
West Fiftieth street, Is years old. de-
scribing himself as a chauffeur out OF
work He was a member OF the roof
\ party at the time OF the shooting ana
was one of the two arrested and. accord
ing 10 Mrs. Kenny beaten. One OF the
| policemen, ne said, hit him with gun.
| IIe heard the shooting, but did not know
\ Cushing had been hit until he was told
so IN the West Side prison the noxt
morning. He denied that the boys had
been shooting craps.
you went up on that hot roof 10 do
nothing but hang your feet over the
edre7'' demanded Mr. Fallon. The wit
ness said, Yes. sir" Ho changed his
testimony several times as to whether
he knew at the time that the raiders
we're policemen. Finally he said he did
know Il.
DR. Otto IT. Echultze. medical assist
ant OF the District Attorney, testifiea
that Cushing was killed by bullet
which entered the back and PASSED
through the right hing The ballet was
placed IN evidence