Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-18
Prosecution Opens in Hear
ing of Charges Four Killed
Policeman.
MANY OBJECTIONS RAISED
BY DEFENSE ATTORNEYS
Horning Takes Half Hour in 0u'
lining Case-First Witnesses
Called to Stand.

AV-1o y ClcCh tOudSt LnS ITldl OF lOuT
defendants charged with murder in
the first degree of Policeman Leo W.
K. Busch near Grant Circle Sep.
tember 26, 1925. began in Criminal
Division 2. BY the luncheon re-
cess the Government had presented
its opening statement, one defendant
also had made an opening statement
and several witnesses were heard.
The jury is composed of the fol.
lowing:
Harry L. SLY. George r. Littlehales,
Albert T. Walker, Jacob C. Lecher,
Carl Wolf, K. A. Ordey. B. F. Holmes,
j. Randolph Wilson, Walter f. Smith.
James Thatcher, John r. Lergh and
James Muir
After the jury was sworn Assistant
United States Attorney George Horn
ing, jr., presented the Government
case, which. he declared, would he
supported by evidence. and if proved
beyond a reasonable doubt he would
request "a proper verdict at the
proper time"
Many Interruptions by Counsel
While counsel for three of the de-
PENDANTS reserved their opening state
ments until later, James A. O'Shea,
attorney for John f. McCabe, made
brief summary of his case. He de.
clAred his client was the victim Of
the most unusual circumstances that
almost ever befell man" After set
ting forth what he claimed his evil
dence would show O'Shea said he
would ask for a verdict of not guilty
for McCabe.
The other defendants. Nicholas Les
Eagles, John Proctor and Samuel Mo-
reno, followed the proceedings closely.
Mr.. Horning was interrupted fire.
quently by the numerous attorneys
representing the four accused men,
each of whom is charged in the indict
ment with first-degree murder. Their
| interruptions were based on objec-
tions to the statements alleged to
have been made by one or two of the
defendants out of the presence Of the
others None of the attorneys wanted
his client TO be bound by what an
other defendant had said out of hear
ing of the others.
Statement Of Case.
Mr.. Horning occupied one-half hour
in setting forth the facts in the Gov
ernment's case which he said he
expected to prove by n witnesses.
His statement. in effect was: officer
Busch went out on his regular beat
IN LH6 l6HLn dI
September 26, 1926, and shortly before
am. Sunday, September q, he met
Policeman Frank l.. Ach. Both pro-
ceeded to a patrol box on Varnum
street, east of Georgia avenue. where
Busch called the station and received
certain information" which later was
given to Ach. This constituted a
''looko out" but defense attorneys rose
in unison and objected to Hornings
construction of the certain informa-
ton
The officers proceeded south to the
northeast corner of Georgia avenue
and Upshur street and saw four men
standing beside a taxicab call box.
One was telephoning. The officers
walked over and engaged In converse
ton with them, Ach doing most of
the talking.
Then the six men proceeded along
the north side of Upshur street in an
easterly direction, and during the
walk the defendants changed positions
several times, conversing with one
another The officers were unable TO
hear what they were talking about.
After passing a patrol box on the
north side of Upshur between Sixth
and Seventh streets Ach asked one of
the defenda nts something, and he re-
piled, 1T is near another patrol box
on Upshur street" Ach knew there
was no other box, and, calling to
Bush, These men are lying. let's take
them in," proceeded to take hold of
McCabe and Moreno. Busch took
Proctor and Eagles.
Shooting Is Charged.
Then one of the defendants shouted.
Stick 'em up"' Mr.. Horning said,
and no sooner had this been said than
the four defendants assumed group
position and fired a fusilade of shots.
Both officers dropped to the ground.
Ach reached for his revolver, but as
he wore the heavy regulation overcoat
it took him a little time. While he
was on the ground the shots contin-
ued. and when Ach got on his elbow
to fire shot passed through his arm.
Busch got on his feet and had his
gun. The four men broke and fed in
different directions.
Both Policemen Shot.
Horning then told of Achs' pursuit
Of one of the defendants, although shot
through the arm, and of his falling
to the ground in a weakened condi.
ton after he had fired his last shot.
Busch pursued two Of the defendants.
and when his ammunition became ex.
hausted he likewise dropped, fatally
wounded. The story of the capture OF q
Moreno and Eagles several hours after
the shooting and the arrest of Proctor
and McCabe then was detailed. Busch
was taken to Garfield Hospital. where
an operation was performed He was
suffering from two shots in the left
side of the chest and one in the left
side of the abdomen. Ach, three times
wounded, also was taken to the same
hospital.
Busch fingered from am. Sunday
to the following Tuesday afternoon,
when he died from one wound on the
left side of the chest.
Horning concluded by stating he
could trace two guns found on the
street into the hands of Eagles and
Moreno.
O'Shea declared McCabes father is
a former police officer and that the
young defendant is married and has
child.
ION the night in question: said
O'Shea, 'he. for the first time, met
these defendants. He was working
for an automobile concern and had
been drinking heavily. He was intro
duced to Proctor and they went look
ing for liquor. They got some and
McCabe fell asleep and some time
later on was at the scene Of this un.