Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-27
.LOWMAN DEFENDS
LAKE BOAT KILLING
Man Slain Was Out on Bail
as Rum Runner, He Says
in Statement.
BY the Associated Press.

by JHe Associated HreSs.
The action of Coast Guard crew
in opening fire on boat on, Lake Erie
on which Eugene F. Downey, jr.. of
Buffalo, N. Y, was killed, was defended
today in statement by Seymour Low
man, Assistant Secretary of the Treas
ury.
Lowman, in the first utterance by a
Government official on the killing of
Downey ON Christmas day, said the
Coast Guardsmeni proceeded under a
section Of the tariff act which gives
them full authority to, stop any boat
at any time In American waters for
inspection.
The fact that no liquor was found
in the boat had no significance, he
said, because there was plenty of time
to throw the liquor overheard into the
lake." Lowman'S statement termed the
boat a. rum runner" and he said 1t
failed to stop when signalled and when
blank shots were fired as a warning.
Calls It Rum Runner"
"The rum runner showed no. lights
The Coast Guard boat continued the
pursuit, but because of the obstruction
OF floating ice lost track of the rum
runner and it was fully half an hour
before they discovered her tied to the
pier and 1t was found there was a
wounded man in the boat, the other
man having disappeared"
| The Assistant Secretary, who Is in
charge of the prohibition enforcement
activities of the Treasury, said the case
had been turned over to the United
States district attorney at Buffalo and
that the Treasury would cooperate
with local authorities to bring out all
of the facts. Senator Copeland of New
York had urged that State authorities
be given jurisdiction.
lookout Reports Boat.
Lowman's statement said:
AT 40 pm. December Is the Coast
Guard lookout reported that a rum
runner was in Canadian waters pro-
ceeding up the Niagara River. The
boat lay for a little while Off Erie
Beach Dancing Pavilion, which is in
Canadian waters, and then started over
toward the American shore.
The ofiicer in charge Of the Buffalo
Coast Guard station sent out Coast
runner. Darkness set in at $40. The
Coast Guard boat proceeded to the
north breakWater entrance light and
tied up to the breakWater. Some 10
minutes later, about COS pm, the rum
runner was sighted coming from a
southeasteriy direction. When the rum
runner was within 80 yards of the Coast
Guard boat the usual hailing signals
were made and six blank shots were
f1red as a warning to stop.
The suspected craft kept on its
course and the Coast Guard craft fired
between IL and IS pistol shots into the
rum runner with the intent of disabling
the motors. The shots we're aimed low.
The rum runner showed no lights and
failed to stop.
Blocked by Tee FlOes.
THE Coast Guard boat continued the
pursuit, but because of the obstruction
OF noating ice lost track of the rum
runner, and 1t was fully half an hour
before they finally discovered her tied
10 the pier, and 1t was found that there
was a wounded man IN the boat. the
other man having disappeared.
The wounded man was removed to
the Emergency Hospital with all posi-
Die speed. It was found he had been
shot in the leg and he died a short
uEne after arriving at the hospital The
man shot was Eugene r. pownev If
who was out on $1,000 bail In eonnec-
sion with another smuggling case. No
liquor was found In the boat. but this
has no significance, because there was
plenty Of time to throw the LIQUOR over
board into the lake.
The case Is now in the hands of the
United States attorney at Buffalo and
the Treasury Department will Coop
crate with the local authorities In every
possible way TO bring out the full facts.
The Coast Guard were proceediFr9
under authority Of section 58l of the
tariff act, which gives them full au-
thoRity TO stop any boat at any time
In American waters for inspection"