Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-29
WILL HEAR BUSCH'S
DYING DECLARATION
Court to Accept Statement at
Trial of Four Accused
of His Murder.

The Governments case against Mich
olas Lee Eagles, Samuel Moreno, Jonh
Proctor and John F. McCahe. charged
with first degree murder in connection
with the death of Policeman Leo W.
X. Busch. moved another step toward
completion Yesterday afternoon when
Justice William Hitz. presiding at the
trial in Criminal Division ?, announced
he would receive in evidence Monday
morning the dying declaration OF
Busch. which the prosecution has OF
fered against the four defendants. The
statement by Busch. as given to his
captain, Frederick Cornwen of the
tenth precinct. describes the men who
shot him.
While admitting the declaration over
defense objections, the court again
postponed decision on the admisslbiilty
o. statements made by the four defend
ants. in which each man, the prosecu-
rien announced in open court yester-
dav afternoon, denies firing any shot
IN the Petworth gun battle of Septem-
Der Is. The statements are offered by
the Government against the defend
ants primarily TO prove, by their own
admissions. that each OF the accused
was present at the time.
80. Asks for Briefs.
lust before adjournment yesterday
until Monday. Justice Hitz, after hear.
Ing legal argument by Assistant I nited
States Attorney J. ]. OLeary for the
Government and Attorneys James A.
O'Saea and James B. Archer. for NC
Cahe and Proctor, respectively, an
nounced that Il don't think the time
TO admit these statements has ar
rived" He then asked opposing coun-
sci to present to him legal authority
in support of their respective conten.
4iors regarding the admissibility of
the statements
Counsel for the defendants have
stimulated that the statements were
made voluntarily, but they refused to
vorch for the truth or falsity of them
OLeary during his argument stated
that McCabe in the statement ADMITS
being present with others who were
armed. as do Eagles and Moreno, and
then he added: The Government is
going 10 show in certain respects that
each lied in the statements.
Wants Chance to Cross-Examine.
O'Shea was willing that his clients
statement be received in evidence, but
three Archer conferred his fight
against the McCabe statement in par
ticular and the other two in general,
exnlaining. IF these people want to
say something about my client, let
them take the stand so that | may
cross examine them Archer con-
tended that the other statements in
eliminated Proctor, but O'Leary in
sisted that each was offered only
against the author of it.
While the argument was in force
O'Shea suddenly raised the point that
the Government had not shown a,
corpus deficit, and further asserted
that there was no evidence to date
that bullets from Policeman Frank L.
Acr's gun had not killed Busch. Ach
was present with Busch during the
shooting and himself was seriously
wounded. He will testify Monday,
Assistant United States Attorney
George d. Horning, jr., announced
in response to an inquiry from the
court.
Archer declared the Government
has centered its case on the fact that
there were four guns fired during the
battle, whereas with Busch and Ach
shooting there actually were six. Then
O'Shea interjected that the Govern
ment hasn't shown whether the bull
let's in Busch's- body were from Ach's
.3S-caliber gun or from the two 49,
caliber revolvers found on the scene
and which the prosecution seeks to
place in the hands of two of the de-
PENDANTS.
Jury Is Absent.
O'Leary's reply to the charge that
the prosecution had not shown that
Busch was killed by any Of the de-
PENDANTS was that his evidence has
proved that Eagles. by way OF illus
tration. had come into possession of
a. revolver: that this revolver was
used by him in two Maryland hold
ups; that Eagles was on the scene of
the shooting and that the gun was
found close by. Then O'Leary de.
clared there has been no evidence to
date that Ach fired a shot in the direc-
zion of Busch.
The arguments were made with the
jury absent, the II men having been
excused after Charles Newhard, 4103
New Hampshire avenue. and Roscoe
l.. Oatley, 4101 New Hampshire ave-
nue., had told of the capture of Eagles
and Moreno about 10 o'clock Sunday
morning, September 2s. Newhard
captured Moreno as he sought to
escap pc and Oa:ley pursued Eagles for
several blocks before he could check
his escape. This occurred after the
TWO men had emerged from the base
ment Of 4l05 New Hampshire avenue,
where they had been hiding following
the shooting several hours previously.