Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-26
DEATH FOR THREE
BUSCH SLAYERS Is
DECREED BY JURY
Continued from First Page)
YOU could consider them fictitious. as
only a rattlesnake gives warning.
Judge Commends Jury.

probation of the services of the jurors
during the extended trial and told
them that their service amounted to
twice the usual jury strvice required
in any one year. and should they be
called on as a jury again in the next
two or three years. and FOR business
or other personal reasons were unaple
to serve. he felt sure the court would
excuse them If they would call 1t 70
his attention that they served in this
Busch trial.
"Of course, If should be the judge.
said Justice Hitz II would not let
YOU off because appreciate the
quality of The service which you rem
dered in this case
One of the jurors called to the at
tention of the court that they were
reporting their verdict just five
months from the date of the homicide.
When the four men were brought
into court and seated side by side in
the center of the room, facing the
court, Proctor and Eagles chstted
with Horning and Assistant United
States Attorney OIeary for a few
seconds. McCabe appeared very calm
but he told Horning he hadn't slept
a wink last night. He smiled as he
talked, az did Proctor. but the grimace
on the latter's face appeared to be 8
half cry and q half smile.
Horning Is Congratulated.
Horning was the center of over
whelming congratulations on the out
come of the case. He had matched
his ability against 10 attorneys for
the defense and when he came to his
closing argument yesterday afternoon
he appreciated the task of tearing
down the previous defense arguments.
To this presentation of the Govern
ment's case many attribute the YER
dict in q great measure, by many
as the argument covered
every iota of the case in great detail
AS to McCabe. the prosecutor never
exhibited marked enmity. 1t is
understood that at the time the
charges were placed before the grand
Jury for indictment there was over
whelming evidence, through Eagles
that McCabe was an active partlc1
pant in the shooting. This could not
be ignored, Horning explained. Eagles
on his first appearance on the stand
accused McCabe as the murderer OF
Busch. and then. after seeing
vision of his mother" as he later
testified, he exonerated McCabe, az
In the shooting. said he had no gun
and. Furthermore, did not participate
in the Maryland hold-ups which pre-
coded the shooting and played ar
important part in this case.
Eagles, Moreno and Proctor are the
first to be found guilty of first degree
murder since the gallows was abol
ished in Washington and the electric
chair substituted. Should their mo-
ton for a new trial be denied they
would be the first to be sentenced to
be electrocuted in this District. 1t is
also the first time that three men have
ever been PLACID on trial at the same
time for murder in the District of Co
lumbia.
Courts Charge Lauded.
Justice Hitz began his charge after
Assistant United States Attorney
George D. Horning, jr., had delivered
a vehement and vitriolic attack against
the defendants, emphasizing the parts
played in the case by Eagles, Moreno
and Proctor. He was more lenient
with McCabe, the fourth defendant
accepted most of his testimony as cor
roboration Of the Governments star
witness, Policeman Frank l.. Ach, and
called upon the jury to display the
same sentiment toward these three
men as McCabe did at the time OF his
arrest. when he said they ought to be
hanged
Justice HitZ touched on every
point of the case, and his charge was
lauded by opposing counsel for many
hours after the jury had filed out for
their deliberations. The court said
IL the shooting was done in pursu-
ance of any agreement among the
four defendants or between any two
of them, then 1t is not necessary for
the Government to prove or the jury
to find, who fired the fatal shot," az
the gun was in the hands OF those
who were party to the agreement.
This constitutes murder and not man
slaughter, the court emphasized.
The defense Of Proctor and Nc
Cabe, continued the court, Is that
they did not agree to shoot. that they
did not shoot and had nothing to do
with the affair. IF that Is true and
they did nothing else. then those men
are entitled to be acquitted by you,"
declared Justice Hitz.
Moreno Denies Submitting to Plan.
The defense of Moreno, said Justice
Hitz, is that he did not submit to a
plan to shoot his way out, and that
when Officer Ach, because of what
the others did, shot him. he returned
the fire. The court said IL those
facts are true, Moreno shot in self
defense, and is entitled to be acquitted.
Virtually the same defense was
claimed by Eagles. and the jury was
instructed IL n found the facts sur
him to be correct, then he
must be acquitted also.
The court told the IL men they
could find all guilty as indicted. or
all not guilty; that one or more may
be found guilty or not guilty on sec
ond-deGree murder or manslaughter,
or all may be acquitted.
Punishment is not a matter OF any
concern to YOU" the court said; 1.-The
law will take care Of that. You
must not be affected by sympathy
for any Of the defendants. McCabe,
who was born in Tenleytown. Is en-
titled to no more favor or considera-
ton than Moreno, who was born in
Italy"
Courthouse Is Guarded.
When the jury left the room several
defense attorneys settled down for
wait of at least two hours. When 6
o'clock arrived the jurors delibera-
tons were halted by the entrance of a
deputy marshal with menu card and
the following hour and a half was
given over to the ordering and con-
of dinner. AS time wore on,
the universal question among those
interested in the case was: What can
be holding up the case?" Some said
it was Eagles and some said 1t was
McCabe. No one knew or had no
actual reason for expressing opinions.
but the ease could not be 0wk garded.
The main entrance of court.
house was locked to pershn Anfhad