Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-26
EVIDENCE AGAINST
PROCTOR BARRED
Judge Directs Jury Not to
Consider Statements in
Busch Trial.

Policemen Leo w. X Busch and
Frank l.. Ach never had a chance:
they were shot down like dogs" and
19-year-old John Proctor, with two
guns, was the one who suggested
Lets shoot our way out of this" after
they had been apprehended by the
two officers in Petworth, Nicholas Lee
Eagles, another defendant, told "a 20
liceman September 2S, according to
testimony given at the trial in Grim.
inal Division today by Officer Ray
mond r. Nails of the tenth precinct
While Proctor, on that date. the
same on which Officer Busch died as
the result of the shooting, was charged
by Eagles q S being the leader of the
band" and virtually all of the Eagles
statement involved the youthful de.
fendant to greater degree than had
any previous testimony, Justice VIII
liam Hitz directed the jury not to con
slider the statement against Proctor
as it was made out of the latters pres
ence. The court also issued the same
instructions regarding the applicaoil-
ity of the testimony to John f. Nc
Cabe, third defendant. who Ike wise
was not present
Related Story of Shooting.
Nails stated that between 8 and u
o'clock on the night of September %
he talked with Eagles and Samuel
Moreno, the fourth defendant, in the
cellroom at the police station. and
Eagles related the story of the shoot
ing to him. Before Nails could tell
what Moreno said, other than explain
that the latter signitied his approval
of everything Eagles stated, defense
counsel raised the question of con
fessions." referred to statements OBJ
tanned the previous day from the de-
PENDANTS. and Justice Hitz halted the
examination of Nails. promising the
jury to go into the whole matter to-
morrow.
Nails recitation Of what Eagles told
him was characterized by the Govern
ment as a mere conversation" into
which Moreno, although suffering
from two gunshot wounds in the leg,
entered from time to time"
Eagles said on the morning of the
shooting" Nails testified. that all
four of them were waiting for a cab
at Georgia avenue and Upshur street
when two policemen approached. The
policemen inquired what they were do
ing there. and they were told that
their car was broken down on the hill,
so they started in the direction of the
car, which was east on New Hamp-
shire avenue.
"YOu Take Two and I'll Take Two"
after they passed the designated
spot Ach said he did not believe the
men. and. turning to Busch said,
Busch, you take two and I'll take
two
Eagles said that Proctor passed
the word Let's shoot our way out of
this and when the officers grabbed
them they broke away and started
shooting Eagles said McCabe grab
bed him and shot under Eagles arm,
and then they ran down Fifth street.
He said both policemen were shot
before they got their guns out ana
they never had chance.
Then Eagles said the four men ran
into a basement. Proctor SAID, Let
go out of here
"'Iow about the kid?' Eagles said
he asked, meaning Moreno.
Proctor said, oh, the hell with
him so Proctor and McCabe left.
Later Eagles and Moreno moved into
another house and stayed until the
next morning
Eagles said he did not do any
shooting, but McCabe, Proctor and
Moreno did. He said Proctor had two
guns and was the leader of the band.
Assistant United States Attorney
George D. Horning jr., refreshed
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