Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-15
MORENO ESCAPES
QU|z,ASExPECTED
Justice Hitz Denies U. S. At
torney Right to Cross
Examine on Statements.

After Assistant United States At.
torney George ID. Horning. jr., had
been led TO believe yesterday after
noon that he would be permitted 10
cross examine Samuel Moreno. one OF
touf defendants I'm the Busch murder
trial. or = statement of the Petworth
shooting which he gave to the police.
Justice William IIitZ today denied
him that opportunity, according to
counsel, who participated in a lengthy
conference at the bench shortly after
IN" trial opened in Criminal Divi-
sion ..
liorning stated Yesterday at the
close Of the session that he was under
the impression that the court had
ruled the statements of Moreno to
have been made under voluntary cir
cumstances which his counsel had
contested. and that today he would
question him on the versions he gave
to the police which the prosecutor
materially from his direct testimony
of last week.
Limit OH Questions.
When Moreno took the stand today.
however. Mornings questions were
conhned almost exclusively to
Morenos alleged participation in Vir
glnia and Maryland robberies. and
We're based on testimony the victims
OF the holdups had given as Gov
eminent witnesses. Moreno chung
examination in which he incriminated
John Proctor and Nicholas Lee
Eagles, two other defendants, but
completely ahsolved John F. McCabe,
the fourth defendant, of any par
uclpation In the robbery
mornings crOss-eXamination of
Moreno was suspended at 1890
O'Clock for the luncheon recess, and
at that time the prosecutor had
reached the point where Policemen
Leo w. X. Busch and Frank l.. Ach
came upon the four defendants at
Georgia avenue and Tpshur street.
Reasons for Denial.
Horning confirmed the statements
or other counsel that the court had
denied him the right to question
Moreno on the police statements and
would not permit him to inquire into
a series of interviews written for
local newspaper by Edwin Duffy, a
newspaper man. Horning said the
court had reconsidered the decision of
Yesterday afternoon. stating that
Moreno's leg wound and his youth
were considered as insufficient to give
complete voluntary status to the
police statements.
Deny MOrenO's Charges.
In answer to the charges in Mo-
reno's direct testimony of last Thurs
day that Capt. Frederick Cornwell
and his officers of the tenth precinct
mistreated him shortly after his cap
ture on New Hampshire avenue about
3 O'Clock on the morning of Septem
her 26, Horning brought the accused
officers to the stand. They not only
vigorously denied the charges. but
gave testimony to show that the
wounded prisoner was shown conSid-
Grafton and protected from any out
bursts on the part of some of the
young officers at the station
Cornwell testified that he. assisted
Moreno into an automobile at 4105
New Hampshire avenue, and was in
complete charge of him until he reach
ed the station house. Cornwell said
he did not strike Moreno. nor did any
one elsS in his command. The pre-
cinct captain also declared he did not
see any officer poke his club through
the bars" of MOreno's cell and added
that he put a special man there on
guard to protect the prisoner against
the high feeling known to exist after
two precinct officers had been shot
down.
The captain admitted that he heard
some unpleasant remarks made about
Moreno. but that he called down" the
officers who made them.
Policeman Makes Denial.
William d. Davis, one of the police
men assigned to duty in the cellroom.
declared no officer 'poked a club
through the cell or otherwise jabbed
Moreno" while he was on duty, from
am. TO pm, on the 26th. He adj
mitted hearing several remarks made
about Moreno, but he insisted they
were out of the prisoners hearing.
Policeman Raymond r. Nails, who re-
lieved Davis and stood guard over the
cell until midnight. gave the same tes-
timOny.
That portion of Moreno's statement
that he was denied any sleep at head
quarters from midnight OF the 26th
until o'clock the following morning
was refuted by William F.. Ring. re
porter for the Washington Post. who
testified that Detective Alligood. the
only other occupant of the room Mo
reno was held in, placed pillow made
of coat under the prisoners head
and that Moreno slept in Rings pres
ence.
Policeman w. s. Buchanan. who was
charged by name by Moreno as the
officer who struck him on the chin,
hit him in the back and tore his coat
as he got out of the car to so into
the station house. testified he did not
strike the defendant or offer violence
in any degree.