New-York tribune., 1921-02-11
accused PatroImen Are
Charged With Murder of
las. Cushing, 10, as He
PLAYED ON Roof i'm 1918
Former Grand Jury
Denied True Bill
Whitman Calls Woman
Who SawShooting; Slay-
ing Reported Admitted

pohert A. O'Brien, former plainclothes
men in the Police Department, were
;ssicted and arrested late yesterday,
charged with murder in the first degree
IN having shot to death James Cush-
ing. sixteen years old, of 446 West
piftieth Street. July IA. 1918.
The indictment was returned by the
January additional grand jury, directed
by former Governor Charles S. Whit
man. who as special counsel has been
conducting the investigation into. the
Hylan administration.
When the two indicted policemen,
guarded by Detectives Sergeants "Al"
Thomas, Eddie" Raynes and "Joe"
Russo, started the walk across the
Bridge of Sighs from the Criminal
Courts Building to the Tombs, they
smiled in slckly manner when some
one remarked:
Gee, they're the first cops charged
With murder who have crossed that
bridge since Becker was taken over"
To emphasize the comparison, it was
recalled that it was Raynes and Russo
who ten years ago, had Police Lieu
tenant Charles Becker in custody when
he went 10 the Tombs charged with
having lnstig&ted the murder of Her
msn Rosenthal, the gambler who had
"squealed" on Becker.
Whitman's Gag Effective
The testimony given yesterday, upon
which the frst degree murder charge
was predicated, was the same testi-
mony-according to nesses-which
8 grand jury directed by one of Judge
swann's staff in 1918 decided was i'll
sufficient TO warrant any sort of in
dictment.
Developments in the murder charge
started early. The gag which Mr..
Whitman used on his staff proved
effective. There was no indication of
the details of the case until James E.
Smith, Assistant District Attorney,
now attached to the Whitman staff,
appeared before Judge Grain and asked
for reopening OF the investigation
into the death of James Cushing.
Judge Grain Immediately granted the
motion.
IL then developed that Patrolmen
tIood and O'Brien, serving as plain.
clothes men in the West Forty-sev-
enth Street station, were sent or had
their attention called in some manner.
July ID, l918--a Sunday afternoon-to
a number of boys and girls, among
them young Gushing, on the roof of
652 West Fiftieth Street. They were
watching a boy flying" his pigeons,
winch ne kept in coop on the roof.
Gushing FelIed by Bullets
Suddenly two men, both flashing re-
Volvers, appeared on the roof. The
young folks say they heard a number
oI lncoherent remarks from the men.
which were Immediately followed bv a
number of shots.
Two girls were drying their hair on
an adjoining roof. They sat Mortified
Hhen Mhen they saw Gushing drop, bleeding
1fom several wounds. The other chill
one of the girls, now Mrs. Alice
omlth Kenny, the mother of two chill
efen despite the fact that she is only
eighteen years old, told the following p
story yesterday:
Inc boys were all playing when one
VI tnem shouted: Look out, here comes
Me cops The boys were not doing
anything. They were just playing.
1Aey Jumped across to the adjoining
D IoOl' The men fired their revolvers.
Vvr nT, Jimmy Gushing dropped.
Ihey let him lie there while thew
oeSt TWO CT the other boys unmerci-
.uiiy Then they took the other bows
70 the station house. They paid no
A'tentlon to poor Jimmy Cushing"
according TO Mrs. Flynn, another
witness, s ne heard the shots and, run
alng to the roof, found Jimmy Cush-
ing gaspjng for air. She lifted his
neae ;af lntc her Jap and, wiping his face
SIt %1th her apron, kept repeating
,,sny Sinmmy' Jimmy, tell me what ails
:, The boy heaved heavy sigh and
ufew himself back into Mrs. Flynn's
arms, she said. She knew he was dead
She hurried TO the street and sum-
moned patrolman who called an am
euiance. In the meantime the father
snd mother of the boy arrived. The
lollce took the body, followed by the
stricken parents, TO the station house.
!, Inere, according to the testimony
me two men charged with his death
stood stood motionless at the desk while the
lieutenant dan entered on the blotter:
The body of James Cushing, six
~ea years old, was found on the root
In,S2 u oS2 West Fiftieth Street, shot and
"iiea by a person unknown"
Later, when the District Attorney
vince began an inquiry, the two police
Continued on next pags)