Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-07
HORN|NG ENDS CASE
At BUSCH TRIAL
Defense to Present Testi-
mony Tomorrow With Mo-
reno Evidence Up First.

Assistant United States Attorney
George -. Horning. jr., prosecuting
the charge of first degree murder
against Nicholas Lee Eagles, Samuel
Moreno, John Proctor and John II.
McCabe, in connection with the death
of Policeman Leo w. X. Busch, rested
the Governments case against the
four defendants shortly after the trial
resumed it's session in Criminal Divi-
sion 9 today.
The move of the prosecutor took the
defendants by surprise and as they Had
no witnesses at the courthouse ready
to thetify, Justice William Hitz ad-
journed until tomorrow. Martin
O'Donoghue and Clifford Grant, attor.
neyS for Moreno, announced that they
would begin the presentation of their
case with witnesses who would testify
about the mental condition of their
client, and the testimony probably
would consume all of tomorrow ses-
sion.
In resting his case Horning can.
celed plans to place I'm evidence four
statements made by the defendants
after the Petworth gun battle of Sep
TENDER &c, and also testimony by De
tective Sergt. Fred Sandberg which
was designed TO show that Policeman
Frank l.. Ach, who was wounded in
the battle, could not possibly have in
tiicted the wounds on Busch from
which he died two days later. These
two phases of evidence would have re-
quired about two days, it is under.
stood.
Mrs. Pope's Testimony.
Before Horning announced the com.
pletion OF his case he took up with
Justice Hitz at the bench the matter
of bringing Mrs. Gladys Pope, a Gov
eminent witness, to the stand to re.
sumo her testimony. Mrs. Pope, friend
of three Of the defendants and a for,
mer resident at Eagles home, at 319C
street, was taken i'll shortly after she
reluctantly testified that she saw
Eagles cleaning two reYolvers and fl
ing off their numbers
Repeated inquiries by Hoi-ning at
the home of Mrs. Pope's sister. 1877
New Hampshire avenue where the
young woman was stopping, brought
responses that she was belfast, and
on January 70 the prosecutor pre-.
sented TO Justice T1itz a certificate
from DIR. Frank w. RTaden that she
was too Ill TO appear in court at that
time, but would be able to in 10 days
Horning told the court this morning
he received a telephone call from Mrs.
Popes sister explaining that she could
not appear and adding that she had
been treated by DIR. j. Chester Brady
last night. Horning then communi-
Gated with DR.. Brady and the latter
told him he had treated Mrs. Pope for
nervousness, but would not issue a
certificate that she could not appear
in court. Horning then requested an
attachment be served upon the woman
for her presence in court today 10
complete her direct and cross examina-
ton.
Defense Is Divided.
Defense counsel were divided on
this move. Attorney James A. O'Shea
and John II. Burnett for McCabe
urged that she be brought in. while
others objected and requested that her
previous testimony be stricken from
the record. There were one or two
lawyers that desired to cross.examine
her. The court expressed the opinion
that the testimony she had given or
would probably give, would be cumu-
lative, as two other Government wit
nesses had told of seeing Eagles in
the possession of two revolvers, which
the Government contends were taken
in two Virginia holdups by him and
Moreno and were found at the scene
of the shooting. Justice Hitz then
informed Horning that he would an
nounce a decision on the Govern
ment's request for the attachment to-
morrow morning.
No definite order had been adopted
this morning by the defense in pro
ceeding with the presentation of their
cases. James b. Archer and A. l..
Bennett, for Proctor, announced they
probably would follow Moreno. while
OShea and Burnett stated they would
be last and probably would take
longer than any of the others. This
lett third place to Louis Tannenbaum
and Irving Wall for Eagles.