Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-27
STATEMENTS BY4
|NBUSCH CASE READ
Jury Absent as Court Hears
Versions of Defendants.
3 Declared Voluntary.

-Four statements made by the four
defendants on trial in Criminal Divi-
sion charged with the murder of
Policeman Leo w. X Busch were
presented to Justice William HitZ to-
day by the Government as evidence
against Nicholas Lee Eagles, John
Proctor, John F. McCabe and Samuel
Moreno. The jury was absent while
the statements were being considered
and the court announced that they
will be taken under advisement.
The first statement offered by
Assistant United States Attorney j. j.
OLeary was signed by McCabe and
was 12 pages In length. Inasmuch
as Moreno and Eagles were mentioned
by McCabe, they were given an OPP
pOrtunity to comment on references
made to them. OLeary told the court
that Eagles comment on McCabe's s
reference to him was IA damned
dirty lie," while Moreno characterized
McCabe as damned liar"
The first II pages of the statement
were offered as against McCabe, while
the twelfth bearing Eagles and Mo-
renos comments was offered against
them.
Eagles Statement Shorter.
James A. OShea and John II. Bur.
nett, attorneys for McCabe, stipulated
that their clients statement was made
voluntarily. but they would not stipu-
late as to the truth or falsity of it.
The second statement presented was
made by Eagles and embodied eight
pages The eighth page was occupied
with comment by Moreno and McCaDe,
but the nature of it was not revealed.
- n CT
and Moreno. and bore the stipulation
that it was made voluntarily, al
though the truth or falsity would not
be vouched for.
Morenos statement was seven pages
in length and bore the Endorsement or
Eagles that it was true. McCabe, how
ever, stated in writing that part or 1t
was false and part was true.
Martin O'Donoghue and Harry
Grant, attorneys for Moreno, stlpu-
lated the statement was made by their
client voluntarily, as did Louis Tan
nenbaum and Irving Wall, counsel
for Eagles.
Detective Testifies.
James B. Archer and A. l.. Bennett,
counsel for Proctor, however, would
not stipu1ate that the statements made
by their client in Baltimore hospital,
where he was suffering from gun
shot wounds as a result of a Petworth
gun battle on the morning of Septem-
ber 26 were voluntary. Consequently
the Government called Detective
Sergt Edward j. Kelly to testify as
to the circumstances surrounding the
making of the statement
Kelly told Assistant United States
Attorney George d. Horning, jr., that
no inducement, promise of immunity,
force or violence was exercised by
the police in obtaining the statement
and before Proctor answered their
questions he was shown a written
warming that it would be used against
him. With Kelly were Detective
Sergts. Waldron and Sweeney
Mr. Archer, after Kelly's examina-
ton, conceded that the Government
had established a prima facie case
that Proctor's statement was given
voluntarily, but he objected to its ad-
mission.
Capt. COrnwelI Called.
Horning then sought TO clear the
confession" angle of the case which
Justice Hitz had desired today, and
therefore excused the jury from at
tendance. by calling DR.. Raoul Benoit
of Garfield Hospital ITO tell Of the "dy-
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