Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-12

Defense Questions Right OF
Newspaper Men Who
Quizzed Prisoners.

The right of Maj W. L. Peake,
superintendent of the District Jail.
to permit prisoners charged with first
degree murder To he interviewed by
newspapelmen. will be debated Mon
da" at the trial OF four defendants
man Leo w. n. Busch, in Crimna!
Division 2 Of the District Supreme
Court.
Counsel for Samuel Moreno, one Of
the defendants, who has repudiated
the voluntariness Of the statement he
made to the police after stipulating
1t was freely and willingly given, will
contend that their client should not
have been permitted to- be interviewed,
Assistant United States Attorney
George d. Horning, jr., will defend
the action Of Maj Peake in permitting
the newspaper man to visit the
prisoner.
This question comes up in connec-
ton with the contention by Martin
ODonoghue and Clifford Grant.
counsel for Moreno, that Hornins can
not cross examine Moreno either on
the statement or confession he
made 20 the police or on a series OF
newspaper stories written. following
an interview with Moreno. at the Jail
short time after the shooting.
Difference in Stories.
Horning has told the court that
Moreno's direct testimony on Thurs
day varies materially from the "con-
fession" and the newspaper articles.
and he desired to reconcile the three.
This preliminary inquiry, help with
t,,, hA
ably will continue through Tuesday,
after which Moreno will be crpss-ex.
amined on Thursdays testimony by
Horning, James A. Shea, for John Nc
Cabe: James 4. Archer, for John Proc
tor, and Louis Tannenbaum. for Mich
olas Lee Eagles.
Moreno himself took the stand yes
terday afternoon and gave testimony
designed to show that the treatment
he received from the police after his
arrest, coupled with the pain he suf-
fered from a gunshot wound in the
leg, made him irresponsible for any
thing he might have said at the time
about the shooting.
Immediately after his capture on
Sunday morning, as he sought to es-
Hampshire avenue. and upon the ar
rival OF the police. Moreno said, Capt
Frederick Cornwell, officer Buchanan
and two other policemen of the tenth
precinct started to treat us rough"
"Cornwell said: Don't hit these boys
in front Of these people: wait until
they get to the precinct" Moreno dc.
clared. On arrival at the station
house. Moreno said, Buchanan pulled
me out of the car, struck me under
the chin. hit me in the back and tore
my coat"
Blackjacked, He Says.
Inside the station Cornwell said:
Take them back into the room il you
want to beat them up" Moreno re.
lated, and after he had been placed
in a cell, "A cop started to hit me with
q blackjack and billy"
The prisoner lay on an iron cot
without a mattress. while he was
Jabbed through the bars with a
billy" he declared, and then he was
taken to Freedmen's Hospital, where
doctor stuck a stick up my leg
and put rags in it," Back ut the
precinct, Moreno said, the offcers
threatened" him. declaring thev
would have given $50 if had been
shot In the brain instead Of NV leg"
and they called me names about NV
He got no sleep that after.
noon because they were threatening
me and treating me rough" he said.
and the only food he got was about
o'clock in the afternoon and at
midnight he was taken to headquar-
tiers.
Moreno said he was placed in a
room with Detective Alligood. and the
latter talked to him for about a half.
hour about the Virginia robberies,
which the defendant at that time
denied participation in. He got no
sleep for the remainder of the night.
and then. he said. he was taken be.
fore Detectives Edward J. Kelly and
Joseph Waldron and Eagles and
asked ii he wished to make a state.
ment. Eagles whispered to him to
put 1t on Mac tmeaning McCabe) and
tell the truth" Kelly told him to
tell the truth. as 1t would be better
for u.s." Moreno said.
questioned him closely about the al
legged mistreatment by the police. The
attack on him by OfIicer Buchana nan.
Moreno said. left no marks Of any
kind, but he hit me on the chin
hard enough for me to feel it,"
Explains Lack Of Food.
After Cornwell, according to Mo.
reno, had told the officers to take the
prisoners back into the room II they
wanted to beat them up. nothing hap.
pened, Moreno admitted, and he fur
Their stated the reason he didn't get
to eat before he did was be.
cause he didn't ask for food.
Then he also admitted that the rea.
son he didn't 60 to sleep in the after.
noon In the cell was because he did
not want to, and that when the officers
poked their sticks through the cell he
did not move or avoid them.
Moreno further admitted that his
statement about getting no sleep at
headquarters was made because he
couldn't go to Sleep" even though
Detective Alligood told him to and
placed coat under mis- head. He adj.
mitted he got right fair treatment"
at headquarters.
Moreno then stated he placed the
blame Of tho whole thing" on Nc.
Cabe AZ the result Of q plan he and
Eagles entered into while hiding in
the New Hampshire avenue cellar.
because We did not know him." He
then volunteered the statement that
such charges were untrue, az "McCabe
had nothing to do with it,
The witness said he could not iden.
tify any one Of 40 officers who
Threatened" him with statements that
he should have been shot in the head
instead of the leg.
ENGRAv!NGS ON WOOD