Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-01
BUSCH'S DEATHBED
CHARGES REC|TED
Jury Excused as Capt. Corn
well Repeats Words.
ACh CroSS-Examined.

The dying declaration" Of Police
man Leo w. K. Busch, for whose
death four men are on trial in Grim
inal Division 2, and in which he stated
that "a dark completed fellow with
hair over his face" was the man who
shot him, was recited to Justice Will
liam Hitz by Capt. Frederick Corn
well of the tenth precinct today, with
the jury excused and later, after a
ruling by Justice Hitz, the declaration
was recited again with the jury pres
ent.
The declaration" which Capt.
Cornwell received from Busch in Gar
field Hospital about o'clock on the
morning of September 26, followed an
hour of eross-eXamination OF Police
man Frank l.. aAch, who also was
wounded in the PetwOrth gun battle
Ach stood by the story told yesterday
on direct examination without way
ering under the barrage of ques'
tions hurled at him by MarLr
O'Donoghue, attorney for Samuel Mo
reno, and James A. O'Shea for John
F. McCabe.
Dying Words Repeated.
Capt. Cornwells testimony which
included the declaration was: Il ar
rived at the hospital and found doc
tor and nurse standing beside Ach.
I went over to Busch and said,
What's the natter He put his hand
up and said, Captain, I'm shot, shot
bad: I'm through. They got me this
time. l told him maybe it was not
as bad as he thought 1t was. He then
told me that he had got the lookout
over the telephone, and that he and
Ach walked south on Georgia avenue
and saw four white men answering
the description, standing at taX1cab
call box.
1.-TWO of them were dark-complected
and looked like Italians. One was
shorter than the other, and the tall
one wore a cap with hair hanging
down over his face. That's the man
that shot me- Busch said. L know
shot him. because l heard him holler.
Said They Were Waiting.
"The other two looked Americans. .
Busch said, stating that one was a
little taller than the other. He then
said Ach walked over and asked them
what they were doing They said
they were waiting for a taxi, as their
them where the car was. They told
us and we started walking toward
New Hampshire avenue, where the
shooting occurred.
O'Shea led the objection to the de
cIaration on the ground that Busch
and Ach had received no description
of the four white men mentioned in
the lookout other than they were
-four white men,"
He contended, therefore, that the
quartet the officers saw could not
answer a description given. CornWell
insisted, however, that the fact -four
men were seen in a group at that
early hour after a lookout for the
same number had been broadcast was
sufficient to arouse the suspicion of
anv officer. O'Shea read to Cornwell
the police incidental of the lookout
Cornwell broadcast for the men In
the shooting.
This incidental was contained in the
inquest testimony and stated that a
fourth man could not be identified
Cornwell maintained vigorously that
the descriptions of four men had been
telephoned by him to the precinct
after his conversation with Busch
Justice HitZ, who asked for authorities
in support of counsels contentious re
pa riding the admiSSibillty OF the dec
laration after the close of Friday S
session, said just before the luncheon
recess that he is still waiting for them
Bradshaw Is Witness.
Prior to Cornwelfs testimony Police
man Enoch s. Bradshaw of the tenth
nrecinct testified that Busch told him
at the hospital shortly after the shoot
ing that he wanted to see a priest
before he was operated on and asked
me to see that his wife was notified,
40 that she could come to the hos
ni+aI" This was offered by Assistant
limited States Attorney George d
Horning, jr., as a preliminary proof
that Busch had abandoned hope for
recovery, and what he told Cornwell
a short time afterward could be char
acterized dying declaration.
O'Donoghue carried Ach through
most of his testimony of yesterday or
cross-examination. Ach, on numerous
occasions, had spoken of McCabe anC
"a man in a blue suit" as the ones he
grabbed just before the shooting
When questioned on this point again
az Il grabbed lcabe and Moreno"
O'Donoghue questioned him closely
on this statement and then Ach re
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