New-York tribune., 1921-03-16
Flood Breaks
Down as He
Enters Court
Patrolman, on Trial for
killing l6-Year-Old Boy,
Shows First Sign of
Emotion; Wife Also Sobs
Birthday Party Delayed
Police Lieutenant Testifies
Defendant Admitted Fir
ing in Chase on Roof

- 'oou, Sl6 Scu WIN inc muTOeT OF
James Gushing. sixteen years old, was
continued yesterday before Judge
Charles c. Mott and a jury.
When Flood was led across the
Bridge of Sighs and into Part v Of
General Sessions he was weeping. This
WAS the first sign Of emotion the ac-
cused patrolman had shown since his
TRIAL began Monday.
With Policeman Robert A. O'Brien.
at one time attached to the West Forty
seventh Street station, Flood was in
dicted by the January extraordinary
grand jury several weeks ago Both
lave been held in the Tombs.
Floods wife, tall and pretty. ap-
peared in the Criminal Courts Build
ing yesterday with relatives of the
defendant. In rear seat she lis
tened to the testimony offered by the
prosecution and frequently tears
afternoon, when Flood was led back
to the Tombs, she waved a wet hsndker-
chief to him through the wire-netted
corridor leading back to the Bridge
of Signs.
Birthday Celebration Postponed
Before she left the building, Mrs
Flood told a reporter for The Tribune
that March Is was birthday for both
of her children, Katherine, five, and
Bernard, seven.
Eve expected to celebrate to-day"
said Mrs. Flood. "but now I guess we
viii have to postpone it until after my
husband is acquitted. And there is
no doubt in my mind that he will be
acquitted"
William J. Fallen, counsel for the
defense, made it plain yesterday that
he would make the wide discrepancies
in the statements made by the wit
given to Assistant District Attorney
John S. Joyce and a grand jury in
1918, just a day after the killing of
Gushing, the basis for his plea for an
acquittal
Mr.. Fallon announced that he would
call as one of the principal witnesses
tor the defense Mr.. Joyce, and proba-
bly, would put others on the stand to
whom the witnesses called by Mr.. Whit
man yesterday and on Monday had
made statements in July, 1918, when
the alleged murder occurred.
Woman Tells of Finding Body
Mrs. Alice Smith Kenny, the twenty
year old mother of two children, who
made such a sturdy witness for the
prosecution Monday, resumed the stand
yesterday under cross-examination and
came through whitening fire of in
volved questions with her story of the
shooting mistaken
Mrs. Margaret Flynn. a resident of
the house at $50 West Fiftieth Street,
on the roof of which young Gushing
was killed, told the jury that she was
clearing off her dining room table when
she heard three shots on the roof of
ner house. She told Of going to the
roof and finding Cushing's body, face
downward. She said that she did not
suspect that he was dead and asked
the boy if he would like a drink. He
did not answer, and then she noticed
that blood spot was spreading on the
| back of his shirt
Victim Shot in the Back
|
| to the detective division of the West
Forty seventh Street station at the
time of the murder, told the jury yes
terday that he had made an investiga-
tion Immediately after the shooting and
had found Cushing's body lying on the
roof of $40 West Ffticth Street.
The lieutenant identified the shirt,
trousers and cap worn by the boy, and
said that upon making an examination
| 0f ho lafo cfot
he had found a wound in the victim s
back and one just beneath his collar
bone, where, he presumed the bullet
had come out.
Lieutenant Dondero said that he
asked Flood at the station house why
he had gone to the roof where the
tragedy occurred, and the latter re-
piled that he and O'Brien were in
vestigating complaints about boys
shooting craps and flying pigeons.
Said Shooting Was Accident
Dondero asked Flood whether he had
discharged his revolver, and when the
latter replied that he had, he asked him
whether he was aware that he had
shot q boy Flood replied that he had
no knowledge of this, according to the
witness. Both Flood and OBrien de-
clared that they did not know that
Cushing was shot, Dondero said.
Under examination the lieu
tenant told Mr.. Fallon that Flood had
told him that while stepping out on
The roof he tripped and his revolver
exploded unexpectedly, but that he had
never shot at the boys Intentionally
O'Brieu told Lieutenant Dondero that
he fired one shot after Floods gun
went off because he thought he was be-
ing attacked.
Sergeant Augustus Hanberg, who was
acting lieutenant at the West Forty.
seventh Street station on the day
Gushing was shot. testified to several
D1ovtef entrles regarding the case.
The trial will be continued TODAY.
Child Bride Held After