Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-06
HORNING TO REST
BUSCH CASE SOON
Government Plans to Com
pIete Murder Charge Before
Jury This Week.

Assistant United States Attorney
George d. Hornine, jr.. prosecuting
the charge OF first degree murder
against Nicholas Lee Eagles. John
Proctor. Samuel Moreno and John +.
z McCabe. which resulted from the
death of Policeman Leo w. H. Busch
after the Petworth gun battle OF Sep
TENDER &c, will rest the Government :
case this week unless some unexpected
delays occur.
When Iiorning completes the pres
entation of his direct evidence the de
Tense. which heretofore has worked in
harmony, with the exception of few
incidents of disagreement. is expected
10 withdraw into four e!,arate and dis
tinct camps and fight il out intlNid
ually What courses the eight attor-
neys will pursue and what the burden
of each defendant ease will he has
not been revealed. 1t is certain. how
ever. that each man charged with hay
ing brought death TO Officer Busch
will take the witness stand.
New Argument Before Jury.
Horning has but two phases of the
case yet to place before the jury. one
concerns four statements made by the
four defendants. which mp until Thurs
day had been stipulated to by defense
attorneys as having beer made Vo'
unfairly, although the truth OF falsity
was not vouched for. Since that stipu-
lation, however. Samuel Moreno. ~
years old. one of the defendants, has
indicated he will repudiate the vol
untary" condition under which it was
made.
His attorneys, Martin q Donughue
and Clifford Grant. have informed Jus
tice William Hitz, presiding over the
trial, that Moreno was suffering from
two gunshot wounds i'm the leg and
the effects of 1890 units of anti-toXin
at the time he signed the document.
These atttcneys would have called wit
nesses and medical experts Thursday
to prove that Moreno was not in a con
dition to make a voluntary statement
had they been available.
Fight McCabe's Statement.
Several days of argument have
been utilized by opposing counsel
. over Mornings move to place in evil
dence, against the author of each
statement, the four accounts of the
shooting James A. O'Shea and John
r. Burnett, attorneys for John f.
McCabe, are willing that their client )
statement be received against him.
but have objected To the other three.
James B. Archer and a. l.. Bennett
for John Proctor, have fought against
the admission of McCahe's statement
O'Donoghue and Grant now have
raised a question as to their own
clients story, while Louis Tannen-
baum and Irving Wall for Nicholas
Lee Eagles, have merely said that
his statement was made voluntarily
After the statements are disposed
of, Horning purposes 10 offer testl-
mony in refutation of defense
charges in open court that the Gov
eminent has not shown concluslVely
that bullets from Policeman Frank l..
Ach's gun did not kill his officer
companion, Busch. In addition TO
Achs testimony that at no time ala
he fire in the direction OF Busch,
Horning wants TO snow, anu 1he
court has indicated its Willingness
to permit him to do 50. that the bul-
lets removed from Rusch's body We're
not of the type weight or condition
of those used by Ach. This proof
Horning will offer through Detective
Serst. Fred Sandberg. who made eX-
periments a week ago 10 this END
Mrs. Pope to Be Recalled.
Then Horning plans to recall Mrs.
Gladys Pope. friend OF three OF the
Attendants. for further direct exam
ination While she occupied the
Stand more than a week ago she was
taken i'll and since has been connned
TO bed at the home of sister, Horh-
ing has informed the court. MRS.
Pope's testimony dealt with TWO re-
yoIyers she saw at the home OF Fa-
rles. where she resided for a time.
Reluctantly she gave testimony about
them. and Horning at one point FOR
mally expressed surprise" He never
has invoked the privilege of cross
examining her, however.
The trial already has occupied more
time than had been expected. with
relation to the date it probably VIII
close. It began actually on January
IS. when the jury was completed
after four days had been devoted TO
selecting the IL men. Since that day
there have been IS court sessions.