Evening star., 1927-02-17
MORENO ACCUSED :.
OF FIRING ON BUSCH
Eagles Declares He Ran
When Other Shot After
"Stick-'Em-Up" Cry.

Nicholas Lee Eagles, one Of four
defenda ants In the Busch murder trial,
today on cross examination In Grim
inal division by Assistant United
States Attorney George p. Horning.
jr.. testified that Samuel Moreno. an
other defendant, opened fire on Police
man Leo w. X. Busch n moment
after he had shouted stick 'em up"
This testimony was not given by
the defendant on direct examination
yesterday afternoon when he said
that "a shot was fired" after John +.
Mctabe, the third defendant grabbed
Moreno and fired ut Busch from under
Moreno's arm and at that instant the
officer fell.
Denies Waving Revolver.
Vigorously denying the possession
OF revolver or participation In the
Eagles declared that he rush
ed from the scene as the first shot
was fired, stood at the corner" while
John Proctor, the fourth defendant.
McCabe and Moreno, in a group, were
flring at the two officers, who were
living on the ground
Eagles alluded tn McCabe as "olir
chief on the Maryland highway rob
berry expedition and declared that
virtually all the loot was turned over
TO that defendant. When asked by
Horning why he did not surrender
10 McCabe A cameo ring taken from
one of the hold.up victims, Eagles re.
pied, oh we can 'gyp a little
fQCttn1nnC a a q
with emphatic denials of statements
he is alleged to have made to the
police and also of points mentioned
by Proctor and Moreno in their tes-
tlmony. He was particularly en-
phatfc in denying the testimony Of
Moreno that Eagles had planned to
frame up McCabe" and put all the
blame of the shooting on him.
Proctor Makes Rush.
AS Eagles left the stand for the
luncheon recess and entered the
prisoners elevator to be carried to
the floor below, Proctor made a rush
at the witness. but was halted by
q deputy United States marshal AS
he plunged toward Eagles he uttered
an oath.
AS result of the clash the four
the elevator two at time. Proctor
with McCabe and Moreno with Eagles.
When asked by Horn:ng who had
fired the first shot. Eagles replied:
Moreno said, stick 'em up and fired
at Busch. I did not fire, and l did
not say stick 'em up but, ran to
the corner. There was no shooting
from the two men, Proctor and Nc
Cabe, in the back.
when 1 started TO run Busch fell
about three feet from me. Busch did
not draw a gun before he fell and he
was on the ground not quite a minute
before he got his gun out, Then.
while he was on the ground he fired
continually. Ach was lying on the
and did not have his gun
out at the time. l saw him trying
to get up but 1 could not swear to it
whether l saw him fire or not. Nc
Cabe and Proctor ran before We did
and were away head of us"
A short time later Horning again
asked the witness: So.
who fired the first shot,"
II cannot say that, because / do not
know" replied the witness.
Didn't you just tell me that Moreno
fired the first shot?" snapped Horning.
II said that-that's true replied
Eagles after a moments hesitation.
who fired the second shot?"
II don't know about that" replied
Eagles.
Denies Accusing Others.
Didn't you tell the police that
Proctor and McCabe started shooting
and then Moreno started shooting?"
NO sir; no, sir" Eagles emphatical-
ly replied.
Eagles identified one of two re-
volvers which were found on the
scene of the shooting as having be-
longed to Moreno. but said the other
one was used by McCabe. Moreno
had testified that he used
one and Eagles the other.
Didn't you tell the police that Nc
Cabe shot under your ARM" asked
Horning. go
And to this question the prosecutor
received more emphatic mo, sirs."
You told the police at No. 10 that
the officers never had a chance and
they were shot down like dogs before
they got their guns out?'
Yes SIR
"The officers treated you all right.
did they"
Yes. all right"
Didn't you tell the police 1t was a
STdI06 ITlS way tHOSt NCIo
shot down. that they were shot down
like dogs?"
Tells of Talk With McCabe.
Eagles made an emphatic denial OF
ever having said that. .
When asked about his conversations
with the other defendants in the case,
Eagles said he talked with .McCabe
Yesterday afternoon and that both
told each other what they would
testify to. Eagles also said he told
Proctor what his testimony would be
but Proctor did not reveal what he
would say on the stand and that
Moreno stated the nature of his testi-
mony, but Eagles did not tell that
defendant what he would testify to.
Horning began his crossexamina-
ion after few minutes Of direct |
by Lewis Tannenbaum,
s,a gles attorney, and questioned him
about previous convictions. Eagles
lenied any aliases, stating he was in
in February, 1922, when |