Evening star., 1927-02-17

assault and that he was in Rome,
Ga. in 1915, when a Willie White was
convicted OF petty larceny. His testi-
mony at the morgue was cited to him
and he denied having made state
ments credited to him In the official
record about circumstances in the
robberies.
Grant Rests Case.
Clifford Grant, attorney for Moreno.
rested his case early yesterday after
noon. reservink the right. however.
to reopen 1t later for one or two wit
nesses. Irving Wall. Of counsel for
Eagles, then addressed the jury, stat
ing that Proctor asked Eagles to go
"hi1acking'': that Moreno wore the
rain coat: that Eagles asked Proctor
to show the two policemen where the
broken down car was and received the
reply from Proctor to shut up; ana
that Eagles did not fire shot, but
ran to Fifth and Upshur streets stimuli
aneously with the first report.
Then Eagles took the stand and re-
lated events in chronological order
from $40 pm. Saturday, September
2S. until a short time after the shoot
ing on the early morning Of the fol
lowing day. When he reached that
part relating TO the fatal wounding
of Policeman Busch. he asked permis-
sion to demonstrate to the jury how
Busch fell.
He stepped down in front Of the
Jurors, went through the motions OF
a man firing a revolver, threw Dotn
hands into the air and fell nat on
his face. Rising on the left elbow
he reached frantically in the direction
of the right hip pocket. showing how
Officer Burch fumbled for his gun and
initiated the policeman's shooting al
Moreno and himself.
Says McCabe Fired.
AS the four men and two officers
walked east on Upshur street. Proc
tor said to Eagles. the witness testi,
fed: Listen, Nick, we've got TO
shoot our way out" Offering him a
gun at the same time. Eagles said
he refused 1t, replying that they've
got me this time and III go through
with It,"
I'm just like fash" Eagles de-
clared In an excited voice, "a shot
was fired and McCabe grabbed Mo-
reno. placed him in front as shield
and fired under his left arm. At that
moment Officer Burch fell.''
Eagles saw Ach on the ground also,
he testified and as Busch opened fire
upon him and Moreno they both fed.
finding refuge In the cellar at 4107
New Hampshire avenue. where Proc
tor and McCabe already had arrived,
he declared. Moreno became uncon-
scious. Eagles said. and an appeal
was made to Proctor and McCabe
not to leave on account of their
wounded comrade. McCabe replied to
that appeal by saying, What the hell
do care, let him die" Eagles said.
Jury Gets Third Version.
= The jury has been given the third
different version of the shooting. Proc
tor has testified that either Moreno or
Eagles wore the slicker and that the
man in. the slicker was the first to
open fire. Proctor said he was struck
in the abdomen by bullet and
dropped. that he had no gun. did not
shoot and finally worked his way
through an areaway and escaped by
stealing an automobile.
Moreno testified that he occupied
the position in the formation that
Proctor had assumed, that Eagles
shouted stick EN- up" whereupon
Proctor opened fire as Busch sought
TO place the two under arrest: that he
did not fire until shot in the leg and
until he saw Ach shooting at him and
then he directed his shots at that
policeman, firing four times.
Moreno has emphatically stated that
McCabe had no gun and did not shoot
while Proctor also has absolved Nc
Cabe OF having a gun. These two
likewise denied that McCabe partici-
pated In the two Maryland highway
robberies few hours before the Pet.
worth shooting. whereas Eagles yes
terday placed McCabe as an active