Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-20
ROBBERY EVIDENCE
IN BUSCH TRIAL
Justice Hitz Admits Testi-
mony About HoId.Up in
MaryIand-Ach Testlfies.

the Ifl2l OF the lOuT men Nlloi SSN 49,
killing Policeman Leo W. *. Busch
today admitted in evidence Govern
men& testimony concerning "a series
of highway robheries" In NEARBY
Maryland a few hours preceding thC
Petworth gun battle in which buscf
was fatally wounded.
The courts decision on the admlS
sibility of the Government testimon>
was made at noon, after two hours oI
the morning session had been giVef
over to testimony concerning the
MARYLAND hold-ups and legal argu
ments by counsel. The question 81
admitting the testimony was raised
yesterday afternoon and the jury was
excluded from nearing il.
After the courts ruling the jury
was brought in and Felix Solar,
member of the LIE Paradls Band, re
peated the testimony she gave yester
day afternoon, that he was held up or
the Baltimore pike. robbed of his car
and personal Valuables about 2:45
o'clock on the morning of Septem
Der 26.
Ach Tells of Gun Battle.
Policeman Frank L. Ach, who was
shot in the gun battle at the time
Busch was wounded, testified briefly
this morning, giving supporting cyl
6ence to the foundation laid by the
Government yesterday afternoon con
corning the holdup of an autonobile
rear Berwyn. He stated that at
o'clock Sunday morning and short
time before the shooting he was in
formed over the police box telephone
BY Oficer Bradshaw in the tenth pre-
cinct station to look out for four
young white men in a touring car
wanted for a hold-up and robbery
near Berwyn this am.
Then Roscoe L. Oatley testified
that he found a handkerchief con
tanning two gold watches. fash
light, gun, ladies pocketbook. beaded
chain with a cross. powder pun
chewing gum and matches In the
areaway of 410l New Hampshire ave
nue.. He notified police OF the tenth
precinct and Of1cer Buchanan a short
time later called for it and returned
II to the station house. Capt. Fred
.Cornwell. in command of the precinct,
was called 10 prove that he sent
Buchanan in response TO the call.
Battle for Defense.
The defense, led principally by At
tornev James A.. OShea for John r.
McCabe. waged a hard battle against
admission OF the Government testi-
rnony concerning the hold.ups. AS
sistant L. S. Attorney James j..
O'Leary argued the question, OF law
for the Government. He contended
that the hold-ups charged to the
four defendants were probable cause
for arrest and furnished the basis for
a concerted effort by the men to re-
sist arrest. He added that the status
of the case was such that the men
would kill to prevent arrest. Then he
pointed to testimony that various ar
ttcles, later identified by the hold-up
victims. had been traced to the four
defendants, which was suf1cient cir
cumstantial evidence, he contended,
to prove they committed the rohber-
les. THE happening furnishes cause
for armed resistance of arrest to the
extent of taking life he declared.
virginians Were Victims.
Mr.. o'Leary said the Government
uurposed to offer evidence that the
defendants robbed two persons In
Virginia nine days previous to the
shooting. Speaking for McCabe alone,
oshea in support of his objection de
clared that the Government had nor
satisfied him that a felony had been
committed and therefore the officers
had no right ito interfere with these
four boys in the early morning hours.
He added that Busch and Ach had
mo right to even speak TO them, as
the officers were trespassers and inter
fered with these four defendants for
ne rhyme or reason"
They had the right to resist this
unlawful arrest" O'Shea continued
eff the officers exhibited firearms
these defendants had the right to re-
eigt force with force" O'Shea con-
tended. however, that If the hold-ups
were felonies in Maryland. they were
not classed as such in the District
He denounced the "fimsy identified
ton of his client McCabe in court
yesterday afternoon by one of the
hold-up victims, and further asserted
"that none of the testimony Is sdn1is-
sible as far as McCabe is concerned"
Attorneys at Odds.
The first indication in open court of
the lack OF complete harmony among
the eight attorneys representing Mich
olas Lee Eagles, John Proctor, Samuel
Moreno and McCabe came when
O'shea, in the course of his argument
about the Virginia holdups, declared
he was not concerned with evidence
TGkG1QlAE AYlE Oh lnS Quiet
Mr.. O'Leary had stated the Govern
rnent would show that two pistols had
been acquired about September II.
Referring to this. O'Shea said: Il
don't care about pistols for the other
defendants; only represent McCabe.
The Government cannot show the con-
nection of McCabe with activities on
any other night than that of the
shooting. 1t may show a plan as far
as some other defendants go, hut not
as far as McCabe is concerned. The
testimony given is not enough prob
able cause for the arrest OF McCabe. -
Mark A. Reid Of Deep Water, y. j..
who testified yesterday afternoon of
being held up near Berwyn a few
hours before the shooting. was called
to the stand for a moment to iden-
hfy a gold watch and chain which he
said was taken from him in the
holdup.
Jury Is Excluded.
The fury was excluded during the
afternoon session yesterday while
the Government sought 70 show that
the four defendants participated In a
series of highway robberies in
nearby Maryland in the early hours
Of September 2e"
With the appearance of the first
witness on this new angle of the
trial-Felix Solari, a musician in the
lie Paradis Band-Attorney O'Shea
arose and said, Even before the in
terrogation of this witness is begun
ask the court to excuse the jury
for 80 minutes" Justice Hitz com
piled with the request and later sent
word to the jurors they could re-
turn 10 their homes for the day.
The Government produced two
witnesses to prove its contention
Solari identified Eagles by placing
hir and On 4ha defandnnt,r -Ln,,1dn,