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Show i TWO ED YORK COPS HEIDI MUWfl V Charged After Two Years J With Wanton Slaying of Young Boy si j NEW YORK. Feb. 18. Policemen Robert A. O'Brien and Cornelius J. V ' Flood hat been Indicted for murder In the first degree on trldenc pre-i pre-i nented by x-Oorernor Charle a. Whlt- man, in charge of tn Investigation J into alleged corruption In city depart Blent s. - - O'ltrten and Flood are accused of murdering James Cushlng, a 16-year-eld boy, on July 14, mil, by firing . five shots Into a group of boys tn knickerbockers, who wer play Ins; on ' the roofs of build Inn. Both policemen, when arrestsd, were taken eon.pleteiy by surprise, and said they had not the silghttns; inkling the I c wss under Investigation again. i Perjury, distortion of records. In-rtlmtdation In-rtlmtdation of wKntiftt and suppression suppres-sion of evfdencs ara alleged to have waved the two men from Indictment 'earlier. A police lieutenant, a captain, .possibly an Inspector and another pat-" pat-" rolman are under investigation a be--(tea; Implicated In a conspiracy to shield the two men. i WbRAkd jjcrt DRorncD cask. ' ; O'Brien and Flood admitted before Mhe grand Jury that heard the casa In Jltlt that they had fired shots, but In fainted that one was fired accidentally i and tba others Into the air. The a-rand wury at that time dropped the casa. The police blotter record says that "tha boy was killed by "persona unknown. un-known. lit does not indicate that vtrien and Flod had ever reported hat they had shot anybody or that 'hey had even fired shots. As far as the Investigation showed yesterday, no wltce Inquiry Into the case was ever held and the matter was sever officially official-ly called to the atterrtioa of the de t pa r Ira en t. I 1 The indictment for murder was finally final-ly brought about by John Cushlng. the father of the dead boy. Mr. Cushlng, Cush-lng, who Is a postotfiee employ has een trying for two year and a half "to have the two policemen put on trial for the killing of his son. A f let the , grand jury had freed the two police-men, police-men, he made repeated appeals to DIs-trlst DIs-trlst Attorney Hwann and to news-TPrs. news-TPrs. He finally laid hia case before The Ahnlrall grand jury, which has seen Investigating alleged mlscar- Tiagee of justice in the district attor-. attor-. aey'a office. ' PKKRTDI ACTIO. I After the Indictment, District Attorney At-torney 8wann defended the previous failure of his office to Indict on th around that the main witness had bean ' )as sure of her story when she was examined earlier. This witness Is Mrs. Alice Brnlth Kenny of Me West Korty-stxth Korty-stxth street, tthe denied yeswrdav that he said that she had told Mr. Hwann and his assistants the same story which she told yesterday. Mrs. Kenny, several ox the companions compan-ions of the dead boy, and residents In the buildings on top of which th killing occurred, were among the wit-neeses wit-neeses who told their story before the grand Jury. They are agreed on the details de-tails and the testimony of the two In-d'rted In-d'rted dim only dispute It la on particular. par-ticular. Mrs. Kenny ssM that she saw the two policemen aim at th fleeing lads and Tire five shots. The policemen s story Is that Flood fell, accldently dls-chargeding dls-chargeding his revolver; that O'Brien fired, thinking Flood had been shot at, and that J1ood fired again Into the air. The shooting occurred on m Sunday, j The Cushlng' boy, who had Just been ' graduated from school and started to work a few days before, had attended i church that morning, had dinner at home and then had gone up on the roof of 640 West Fiftieth Street with John ft. John, a friend of about his own age. This roof had been weed as a playground by many boys In the hot summer. It was haunted by flocks of tarns pigeons and one of the principal - sports was that of trapping the pigeon ander boxes. sEKT TO HOOF. On th preceding dsy. however, there I had bea complaints from pass re by ! that missiles had -been thrown from th roof to the street. These complaints led th officer to climb to the roof, one ascending the stirway of 6i and the other that of Mti. Resides the boys trspplna pigeons, women were sunning their hair oa an eul Joining root and one or two men - wre seated en-eheir, -smoking- their pipes. .The policemen were In civilian clothe, but were detected at once by boys, who shouted: "fMtrtso, th cops.- "Hlutso" la a phrase ef warning against tne police and Is th equivalent to "Cheese It," as John St. John and Jamea Brick ley, two of th Cushlng boy's companion, explained. At this hoot they fled toward fir escapes and stairways. Cushlng, according to the other hoys, had never been on the roof before .and w& takn by surprise. He did not know which way to turn and waa shot -down on the roof of MO. Brickley and St. John were captured y tie tw policemen. According to Ibelr atory. they were severely beaten and then led to the Writ Korty-seventh street station. No attntiun. It was aald. waa paid to the wounded boy, who was lert unconscious In a place aald to hav been la plain sight of th policemen. po-licemen. All others en the roofs fled at tha sound of the shot Aa hour later the Oiahlng boy was found on th roof bv Mr. Margaret Kljnn of 12 West Fiftieth stroet. and he died la her arms. woman toi-d or gHOOTl0. - Policeman Oalahenno, In uniform, was called to the roof, and th body or the boy was removed to the West Forty-seventh street at alio. Neighbors flocked to ths station house. Mrs. Kenny, Ken-ny, who had seen the boy fail, went with them and told her story. According to Mr. Kenny, eh waa frightened Immediately. There were many witnesses hen she told her story to the deak lieutenant, who sent for all the plain clothes men. . Thev lined them up," she said, "and I picked out the two men who had done the shoottna. i The police blotter for that dsy. however, how-ever, does not record the charge by ' Mrs. Kennv nor her identification of th two policemen. The entry concern-Ins concern-Ins the bodv simply read: "Body of James Cushlng brought to station houne. round on roof of &4e West Fiftieth street, shot by some per-' son or persons unknown.' Another defect waa renorted la the 1 blotter of that day. It did not record e arrest of the two companions of the stain boy. Theee boys .and nther witnesses.' however, were brought to liarrit later I .by the father of the dead boy. The father rrief waa agratevated bj j his painful experiences at the me. ! . hen he called at the police station: tor the boy's body it was refused him' for some unexnlained reason, and waai feet to the city morerue. It took the father three days to recover the boy's j Irt-fi y. Tbe father aaid he went to the Fortr- I seventh rtrel station and appealed to' the d-ek eerr-ant ffor the arrest of, the two policemen, but fhey were al--lowt-d to continue at liberty. Further ei.pals were marie 10 aptan Charles V Kinney, then in chares of th pre-j m ,r,ft. and to Lominltk Henry, then in-i Se-t-r. t The father kept at the district at- to roc 7 a oflau, dttmandias Xxajb ii vestlgat'on. after the gtand Jury had thrown out the ca9. No policeman has been locked up In the Tombs on the chnrge of murder Since 1 1 2. when Police lieutenant Charles Becker wss 1 arrested as the directing mind of the plot which resulted re-sulted in the murder of Herman Itos-eth;il. Itos-eth;il. the gstnlter. at X oelutlc on t he n-ornin ut th day that Koen-thal Koen-thal had mads an appointment to "siueal'' to Mr. Whitman, then die-l-lrict attornej. i" - |