Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-21
EVIDENCE CLOSES
IN BUSCH HEARING
Counsel Are Ready to Present
Arguments at After
noon Session.

with the exception Of one or two
comparatively minor points which the
court desires to clarity. all evidence
and testimony in the Busch murder
trial was concluded this morning, and
the latter part OF the afternoon SEES.
sion will be devoted to arguments OF
counsel or instructions to the jury.
AS tomorrow is legal holiday ana
there will be no session of court. IT
appeared likely today that final argu-
prents Of summation would begin We'd
nesday and that the jury should re-
reive the case that afternoon or Thurs
day.
Attorney James A. O'Shea, repre-
santing John r. McCabe, one OF the
four defendants, rested his case at
ItI5 O'Clock. after his client had been
cross-examined by counsel for Nicho-
las Lee Eagles, John Proctor and Sam
uel Moreno, the other three defend
ants, and several character witnesses
had testified.
Assistant United States Attorney
George D. Horning. jr., presented a
brief rebuttal to Eagles and Proctor's
testimony. and as there was no de-
Tense rebuttal the presentation of evil
dence was completed.
Attorneys Quiz McCabe.
ON cross examination by James B.
Archer Proctor's attorney. McCabe
declared he did not see Proctor with a
gun when the shooting In Petworth
on the early morning September 26
was begun. Later. however. he told
Clifford Grant. Moreno's attorney, that
Proctor. Eagles and Moreno all were
firing.
Why didn't you tell the policemen
that these men were highway rob-
bers?" asked Archer.
Il was waiting for an opportunity
to say that. but / did not want to be
heard after being threatened by them
out on the road" replied McCabe. II
considered myself at the time as
having been abducted and robbed of
my car"
AS the quartet aha ndoned O. stolen
automobile which brought them near
Soldiers Home from a point on the
Baltimore pike, McCabe said he heard
Proctor suggest, "You fellows had
better leave the guns in the car"
Man i'm Raincoat.
The witness admitted telling Detec-
tive Sergeant Edward ]. Kelley at
police headquarters shortly after his
arrest that "if you find the man with
the raincoat you'll find the man who
shot the officers" McCabe testified
his recollection OF events on the
morning Of September rs began with
the first hold-up on the Baltimore
pike, when he was awakened after
having passed out" from the effects
of liquor and ordered to leave his
car and board the automobile taken
from the hold.up victim.
The character witnesses for McCabe
were DR.. J. Leroy Elliott. who said
he has known the defendant for Is
years; Edward Owen Conway, an ad-
vertising man, who said he has known
McCabe for IL years, and Arthur V.
Hfliyard, q garage proprietor. who
testified he has been acquainted with
the defendant for rs years.
Horning Raps Eagles.
Mornings rebuttal was directed at
EAgles' revised testimony in which
he stated that Capt. Fred Cornwell
OF the Tenth Precinct did not show
him revolver which was found on
the scene OF the shooting, shortly
after his arrest. CornwelI, testtfying
for about the fifteenth time as a Gov
eminent witness, which established q
record for him at this trial, declared
he did show the revolver to Eagles
and that that defendant said 1t had
belonged to Moreno.
Then Detective Kelley was called to
refute Proctor's testimony that he did
not know whether it was Eagles or
Moreno who wore the raincoat. KEEL
ley identified a statement he took from
Proctor i'm which that defendant said
Eagles wore the coat. Kelley also
stated Proctor told him. and which
statement later was reduced to writing
that the police shot him, whereas the
defendant has testified that it was
either Eagles or Moreno who fired and
struck him.