Bullets at Buffalo

Last week another federal bullet killed another suspected liquor trafficker, started another U. S. v. State wrangle for jurisdiction. In ice-strewn Buffalo Harbor on Christmas night a Coast Guard craft came upon a speedboat without lights. In it were two men. The coast guardsmen opened fire on the suspected smuggler, fatally wounding Eugene F. Downey Jr., onetime railroad police sergeant, son of a Buffalo police lieutenant. His companion escaped.

The Guardsmen's Story: The speedboat was a known narcotic and liquor runner; stop signals and warning shots were unheeded; the craft was fired on as it fled guiltily away; not until half an hour later was it found, docked, the dying Downey in the cockpit waving his hand feebly. Although the guardsmen found neither drugs nor liquid aboard, they emphasized the fact that Downey was out on bail, charged with smuggling.

Story of Downey's Doctor: The slain man must have been standing when shot, suggesting that the speedboat was stopped when fired upon. He said that Downey had bled to death because the guardsmen had not called for help or administered first aid. While they loitered, city police summoned an ambulance and a fire truck, hoisted the inert 200-lb. Downey out of the launch.

The State's Attorney at Buffalo appealed to Attorney-General William DeWitt Mitchell for jurisdiction to investigate. The U. S. Attorney offered to cooeperate, insisting however that the three guardsmen were within their rights. The State's Attorney began his investigation, looking toward a manslaughter trial of the guardsmen in state courts.

Assistant Secretary of the Treasury Seymour Lowman defended the shooting officers, taking their word that the speedboat was a "rum runner," pointing out that Downey's companion had plenty of time to throw a cargo of liquor overboard before the boat docked.

P:Near Ruston, La. on Christmas Eve. Sheriff A. J. Thigpen and two deputies dug up a gallon jug of whiskey near the house of Farmer Philip Harris. When they entered the house, the farmer made "a suspicious move" toward his coat pocket. The sheriff shot him dead.

P:Cruising off Newport, R. I. one night last week, a coast guard patrol boat leveled its searchlight on a dark, low hull bearing the number C-5677. Guardsmen, recognizing the liquor-runner-suspect Black Duck shouted stop orders. When the Black Duck veered to speed away, guardsmen opened fire, killed three suspected smugglers, wounded a fourth.

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