The New York herald., 1921-03-16
POLICEMEN TESTIFY
AGAINST COMRADE
Two Say Patrolman Flood
Made Conflicting Statements
in Cushing Case.
BULLET A STATE EXHIBIT
II Did Not Come From De-
fendant's Revolver, Says
Police Pistol Expert.
BULLET A STATE EXHIBIT

Three policemen were called upon yes
terday to testify against their oomrade
Patrolman Cornelius J. Flood. who Is
on trial in General Sessions, charged
with the murder OF James Gushing. 10
wears old. on a West Fiftieth street roof.
From che stories told by two Of these
uniformed witnesses It appeared that
when questioned not long after the
shooting Flood gave conflicting reasons
for the firing OF revolvers by himself
and his partner. PatrolInan Robert
O'Brien. On the other hand. the de-
fence scored In getting repeatedly before
the jury the fact that at all times the
men admitted that they had done some
shooting and conducted themselves like
men who ad discharged a few harmless
bullets In tho course OF duty and didn't
know anybody had been hit.
A bullet was one of the States ex-
hiqbts II was found on the roof near
Cushings body and was supposed to be
the one that went through his body and
killed him. But George n. Brothers. As
sistant District Attorney. got the opin-
ion OF Acting Detective Sergeant Harry
r. Butts, police revolver expert, that
this could not be SO. Butts also said
the bullet had come from the muzzle OF
q. Smith a Wesson revolver. Tho
weapon that Flood fred was a Colt .
o'Briens was Smith & wesson.
Floods Bullet Not Found.
No bullet from a Colt was found on
the roof but by elimination and infer
ence Mr.. Brothers will evidently try -
prove that the shot that actually killed
the boy came from Flood. and after
piercing the body continued on It's way
n-, No r,k1 opA
lam j Falon. Patroima1 Floods coun-
sell indicated by his questions a belief
that the wound may have been made by
spent builet-possibly one OF those
fired BY the patrolmen. as they say, into
the air.
The first police witness. Lieut. Peter
Dsndero. Of the detective bureau. In
vestlgated the killing of James Gushing
on tho day II took place. July l4. 1918.
Returning from the roofs 10 the West
Forty-seventh street station house ne
found Flood and O'Brien there. They
told him that their captain had directed
them 10 investigate complaints against
boys. end that they had just arrested
two boys for shooting craps on the
roofs They had some trouble and were
Obliged to shoot, Flood said.
Both tlood and O'Brien declared they
didn't know they had hit any one Ac-
cording 70 the Witness Flood had TO
force a trap door in order to reach the
roof. and as Il finally opened he stumbled
and his revolver went of. Then O'Bricn
fired because he thought he was being
attacked. and Flood fired again because
he saw boys grabbing stones to throw.
Both men, said Dondero, denied that
they fired in the direction OF the boys.
Sergeant Augustus Hamburg. acting
Lieutenant OF the West Forty seventh
street station at the time OF the shoot
ing, testified that he also talked with
Flood and OBrien on that day. They
told him that Flood had fired twice and
Q Brien once because they saw a gang
grabbing for BRICKS" and that they had
not hit anybody
Revolvers Handed over.
Hamburg. on he witness stand, identi-
fled an entry to this effect he had made
in the station house blotter. The sta
tion house got word, after this converse
ton, Of the finding OF Cushing's body
then had Flood and O'Brien
hand their revolvers to him. He ad-
mitted he did this because he thought
the weapons might be needed as EVIL
dence in a homicide case.
The certainty OF Pistol Expert Butts
that the lead bullet exhibited by Mr..
Brothers had not penetrated a human
body was due TO such minute as the
lack Of dents and the presence on the
bullet of the original lubricant. He
said the bullet did bear a trace Of tar,
which 1t might have got from falling on
tar roof He admitted on cross-ex-
animation that II might have gone
through a human body after all.
Other witnesses yesterday were Mrs
Margaret Flynn OF $40 West Fiftieth
street. who told Of finding Jimmy Cush-
ing dead; Charles Ianeman, an en-
ployee OF the New York Edison Com
pany. who disagreed with other Wit
resses in saying that the boy was not
in shirt sleeves but wore a blue serge
coat when shot and Mrs. Alice Smith
Kenny. recalled for cross-exarnination.
Patrolnan Flood was wiping tears
out Of his eyes when he entered the
court room In the morning He said II
was his little girls birthday. She is
Z years old. There Is also a boy of 8.
Pretty tough" he said But they
don't know where I am The mother
has told than I'm oiif ~ four