On Thursday in Flood's trial Judge
Nott dropped the murder charge from
the indictment, leaving only tnanslaugh
ter. Mr. Fallon summed up for the de
fence yesterday morning and Mr. Whit
man for the prosecution. Mr. Fallon dl
I rected most of his lire at the testimony
of the Htate's two eyewitnesses of the
shooting. Alice Smith Kenny atitl May
Hymen. He said they could not possibly
have seen what they said they saw. He
advanced as the true explanation of th ?
shooting the stoiy told by Flood, of the
accidental discharge of his revolver as
the policeman stumbled tiu'ougn a sky
light door.
Mr. Whitman contended that Flood
had "not even concocted a real story."
He oalled Flood's defence "silly, absurd
and Impossible." He told the Jury that
his own children and the Jurors' children
were safe because they did not have to
play on roofs. Then he pictured the
tenements, with no other place to play
and policemen bobbing up and shooting
Into a group of harmless boys.
The Judge's chnrge lasted more than
an hour. The Jury was out a little more
than an hour and a half. The foreman.
Melvln C. Haskell, announced the ver
dict. Flood's wife and mother and other
relatives were asked to leave the court
room before the Jury appeared. Lawyer
Fallon was not In court when the verdict
was given. His partner, Eugene F. Mc
Gee, npplled for a certificate of reason
able doubt. Judge Nott said he would
consider such an application after sen
tence had been pronounced.
Mr. Whitman said last night: "The
verdict speaks for Itself. I have nothing
els.- to say except that I rather concur
In the Jury's recommendation for mercy.
