New-York tribune., 1921-02-11
= Policemen
Indicted for
killing 9 Boy
Continued from page one)

men admitted the shooting, according
to Mr., Swann's records, but the blottcr
in the station house, subpmnaed by
Mr. Whitman, shows no such admis-
sion.
Cushing's companions were convicted
of disorderly conduct and fined SIS
each, in lieu of which they went to
jail for three days.
Evidence Cutticient, SAYS Whitman
John B. Joyce, of the District Attor-
ney's staff, submitted the case origi-
nally to the grand jury The two
policemen were eXonerated. 1t was
said yesterday by Mr.. Swami that
Joyce had gone as far as he could with
the case, but had been unsucces sful
Judge Swami said that, at the urgent
request of the parents of the murdered
boy, he had assigned to the case AS
sistant District Attorney Smith, who
appeared to have no more success than
Mr.. Joyce.
81 haven't any idea of the evidence
presented before the grand jury origi-
nally" Mr.. Whitman said last night.
"but | do know that there isn't grand
jury in the country that wouldn't re-
turn an Indictment on the evidence
presented this afternoon"
. Salted In TO race Warrant
Detective Sergeant Thomas received
the warrants for the arrest of Flood
and O'Brien. He went to the West
Thirtieth Street station, headquarters
OF Traffic b, where Flood is now work
ing, and asked that he be produced.
Flood was on post regulating traffic
on Broadway. He was called in. He
was met by Thomas.
I'm sorry, old man, but 1 have to
take you on warrant for murder in
the first degree" Thomas said
Flood wet his lips, and after NUT
tering ooh, hell, stop your kidding"
finished reading the warrant and un-
pinned his shield.
"Can change into civilian clothes ?"
he asked Thomas as he passed over the
desk his shield, his keys and other
equipment. Thomas assured him of
every courtesy, and when he appeared
at the Criminal Courts Building to be
booked he appeared self-possessed.
Flood is thirty years old and is mar
ried His record at Headquarters was
not available last night.
O'Brien, a member Of the reorganized
Vice Squad, now called the Special
Service Squad. was arrested at his
home, 215 East Fifty-ffth Street, and
taken to Police Headquarters, where he
was turned over to Thomas. He is
thlrty-one years old and single. He
has been policeman since February
q, 1918.
Efforts to Reach Friends Fail
Both men made strenuous efforts to
reach friends by telephone before go
ing across the Bridge of Sighs. Flood
was particularly upset because, he said,
his wife was i'll and it would be diff
IN
his remaining away from home over
night He arranged, however, for
friend to break the news of his arrest
to her.
The first degree murder Indictments
overshadowed the other DEVELOPMENTS
Of the Whitman investigation. 1t had
been expected that several indictments
in the Fire Department scandal would
be voted yesterday, but the entire time
Of the grand jury, which did not go
into session until 2:30 p. m, had been
taken up by the unexpected turn events
took.
The missing link" in the city con-
tract scandal under investigation by
Arthur M. King, one of the Whitman
aids, failed to appear yesterday, accord
ing to the agreement made by his
counsel
However" Mr., King said che will
appear. There isn't any question about
it. He'll come here voluntarily or we
will bring him in. And his time for
choosing his course is very, very short"
While Mr.. Swami and Governor
Whitman both denied any semblance
of row, it was rumored at the Grim
inal Courts Building that Mr.. Swami
and his chief assistant. Joab II. Ban
ton, had called MIR. Whitman into con-
ference regarding the published reports
that the Whitman investigation was
headed towards several members of
SWann's staff