The New York herald., 1921-03-18
ACCUSED COP TELLS
OF ROOF SHOOTING
Patrolman Flood Denies Fir
ing at Boy Victim When
Seeking Pigeon Thieves.

Charles s. Whitman will sum up to-
day for the State and William ]. Fallon
for the defence In the trial of Patrolman
Cornelius J. Flood. accused OF killing
James Cushing. on West Fiftieth street
roof. Judge Mott eliminated yesterday
the first and second degree murder
counts from the indictment. The ques-
Flood is guilty OF rnanslaughter The
maximum penalty for first degree man
slaughter is twenty years in prison !;
for second degree. fifteen years.
The young patrolrnan testified for
himself most OF the day. With revolver
In hand he lunged from the witness
stand and showed the jury how. as he
said. he stumbled while setting foot on
the roof and his weapon was acciden-
tally discharged.
Flood told his story haitingly at
times. but on the whole consistently.
Mr.. Whitman peppered him on cross
examination, and made 1t appear that
Floods present narrative differs some
what from the one ne offered when the
shooting was under inquiry in 1918, soon
after Gushing was killed while running
across the roofs from Flood and his
partner, Robert A. O'Brien. Floed did
not always remember what he had said
on the former occasion. but he was sure
that what he now said was the truth.
His wife and his mother. who have been
sitting through the trial. withdrew to a
corridor when he took the stand
Flood cleared up one misty point at
the start He explained why he and
OBrien had gone to the roof. He iden-
titled In court complaint received at
the West Forty-seventh street station
house in July. 1918, signed wv. o. b."
1t said the roofs were full OF loafers
who steal and disturb the neighbors and
hold pigeons" On Sunday, July IL,
they went up to investigate. Flood
assembled to the roof of 5IS West F'if-
tieth street The skylight door stuck.
While bearing his weight against and
thinking some one might be holding the
door on the other side he removed his
revolver from Its holster. intending to
transfer 1t to his side pocket.
Suddenly, while the gun was still In
his right hand, the door shot open. He
stumbled, face forward. and the revoly er
went off, Just then he saw brick fly
by his head and heard another. shot.
This was O'Brien firing. because ne
tnought Flood had been attacked. but
Flood didn't know 1t was O'Brien ne
supposed that O'l}rien was coming up
the stairs of SIS behind him, while the
truth was that O'Brien had gone UP
through the house at $40 and reached
the roofs as soon as Flood.
Flood fired again. purposely this time,
but into the air. Thinking he was be-
ing attacked ne wanted TO attract
O'Brien or some patroinan In the street
They didn't know anybody had been hit,
Flood testified, until they went to the
station house several hours later. He
then told Lieut.. Dondero he thought
Dondero, who was investigating the
shooting. could find in certain place
on the roof the mark made by Floods
bullet when the revolver went off ac-
cidentally.
Later he called as a witness for the
defence Patrolman John J. Gunson, who
Is under indictment on charges OF per-
Jury and bribery. Gunson had gone to
the West Eiftieth street roofs for Mr..
Fallon He testified that at the spot on
the roof from which Alice Smith Kenny.
according 10 her testimony, saw Flood
and OBrien pointing their guns at the
boys and firing and saw James Cush' ng
climbing a wall with a blood soaked
shirt. she could not have seen anybcds
climb the wall.