Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-11
MORENO'S COUNSEL
HITS CONFESSION
"VoIuntary" Statement to
Police Denied-CroSs-ex-
animation Opposed.
The question of whether Assistant

The question of whether Assistant
United States Attorney George ~
Horning. ir, will be permitted 10
cross-exariae Samuel Moreno, one OF
four defendants on trial in Criminal
Division . for the murder of Ponce
man Leo w. K. Busch, on con
fession' he made to police, ana WhlCh
he now claims was not voluntarily
given. is being considered by justice
William Hitz today as Moreno couh
sci offers testimony to show the men
tsi and nhvsicaI condition of their
client was such as to preclude Will
ing admission of the facts concerning
the Petworth gun battle.
Justice HitZ excused the jury from
service until Monday, as there VIII pe
no session tomorrow, and Attorneys
Martin O'Donoghue and ChHord 1rahI
produced two witnesses TO TESTIFY as
to their clients physical coholtIoii
after receiving a gunshot wound IN the
battle. and then called upon Detective
STsret. Edward j. Kelly to relate the
facts surrounding the making OF the
confession
Cross Examination Sought.
Noreno's counsel at one time our
ing the trial had stipulated that the
statement was made voluntarily, but
IEGN WoulI iItI NO0NAA 49,
or falsitv of the facts discussed
therein. The Government Withdrew
IT'S ulans for offering 1t in evidence
against the youth and just prior 10
this move Moreno, through ms couH-
sell announced he would repudiate the
voluntary feature of it. Horning now
seeks to oss-examine Moreno, VINO
testified Yesterday on the confession
and now the defendants attorneys are
endeavoring to prevent this.
DIR. Raphael Manganaro, physician
at the District JAIL testified that
Moreno was brought before him on
the evening of September 30, or three
DAYS after the battle. suffering from
two wounds in the leg, evidently pro-
duced bv one bullet. After an exam
ination he was put to bed and l,5O0
units of antitoxin were administered.
The doctor said Moreno had a. tenn
nerature of about 100 and that the
leg pained him whenever 1t was
moved. On cross-eXaminatlon oy
Horning the physician stated the anu
toxin dose was ordinary and there
was nothing serious about Morenos
condition.
"Rig Sister" Testifies.
Mrs. Anna Loretta Hart, who served
hv appointment of Juvenile Court as
a big sister" to Moreno, relateo
nearly two days of effort expended
before she obtained an interview with
the young man at No. 10 precinct
after the shooting. She likewise re-
ported the defendant appeared to be
suffering with pains from the wound
ed leg. Asked if she noticed any
thing unusual about the boy during
her several years of observation, she
replied. He didn't like TO go to
school and would forget easily she
was first attracted to Moreno about
six years ago when three fingers OF
his left hand were blown off by
cartridge, she said.
Kelly told of Moreno and Nicholas
Lee Eagles, another defendant, hav-
ing been brought to police headquar-
ters about midnight of September rs
for questioning about the shooting.
which occurred around 4 o'clock that
morning. Kelly said three or four
hours were spent with Eagles, and he
did not know what happened to Mo-
reno at headquarters. He saw him
at o'clock in the morning, however,
and proceeded to set down a state
ment that Moreno made.
Detective Outlines Procedure.
DO you know whether Moreno had
any sleep that night at alp" asked
ODonoghue.
IF he did. he had a little more
than the night before, when he was
out in the street shooting at people,
responded Kelly.
The detective said that he wrote
down a warning to Moreno that
everything he, stated would be used
against him and that he did not have
to make a statement unless he wished
to. Eagles whispered something to
Moreno and upon being asked again
bv Kelly if he wished to make
statement, Moreno replied he did, the
detective stated. The procedure
adopted by Kelly was first TO write
a question down on the typewriter,
read II to Moreno, and then set down
the answer.
Moreno Held Unsound.
AS part of their plan to show that
Moreno was not in a condition to
make a statement or confession OF
the shooting which could be used
against him at his trial, Martin
O'Donoghue and Clifford Grant, yes
terday afternoon produced testimony
that their client was of unsound mind.
DIR. Kenneth w. Kinney, psychia-
trist. declared on the witness stand
that he made a study of the defendant
and had investigated his activities. He
found the youth to know the differ
ence between right and wrong and the
consequences thereof, but, the doctor
testified, Moreno is unable to carry out
that knowledge. The defendant re-
sponded to a test and examination
that a normal child of 8 years would,
the witness added.
DIR. Kinney's testimony followed
Grants unsuccessful attempt at the
time to place in evidence a letter writ
ten Joseph w. Sanford, probation Of
ficer. by DIR. l.. o. Weldon, now of
London. England, regarding Morenos
mental condition. The doctor, for
merly a psychiatrist assigned to the
Juvenile Court, had made an exam
nation of Moreno, but his conclu-
sions, set forth in a typewriter letter
and signed by rubber stamped sigma
ture," We're temporarily ruled out by
the court until other records in the
Juvenile Court pertaining to Moreno
and having a bearing on the letter are
produced.
Archer and Horning objected to the
letter. Archer basing his objection on
the ground that Moreno is a witness
against my client Proctor
TM0 uIIDT TAI ACu