Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-26
Proctor Breaks Down, Eagles
Face Ashen as They and
Moreno Hear Fate in Kill
ing of Policeman.
VERDICT IS BROUGHT IN
, AFTER 18-HOUR SESSION
Conviction Decided on Exactly Five
Months After Petworth Gun Bat
tle-Members of Panel Show
I Strain, Saying Status of Moreno
| Delayed Decision.

Five months TO the day sine,
Policeman Leo w. T. Busch wa
fatally wounded in a Petworth gui
battle, jury in Criminal Division
of the District Supreme Court to
day found Nicholas Lee Eagles, Sam
uel Moreno and John Proctor guilty
of murder in the first degree AM
acquitted John F. McCabe, the fourtf
defendant charged with the officer
death. The verdict carries the deati
penalty without alternative.
The jury's verdict was returned a
10:40 O'Clock this morning, or II
hours and IS minutes after it hac
received the case from Justice Viii
liam Hitz yesterday afternoon.
Eagles, Moreno and Proctor tool
the verdict calmly. but as Proctor
passed Assistant United States Attor-
ney George D. Horning, jr,, the 2S.
year-old prosecutor. who fought a
defense of 10 attorneys, he called
him a nasty name. Horning did not
reply.
The jury reached it's verdict at $50
o'clock this morning. 1t was unable to
report until 10 o'clock, when court was
due to convene. The absence of coun.
sci for Moreno further DELAYED their
return to the courtroom. The four
men charged with killing Busch were
brought into court at 1884 o'clock
and seated side by side backed by sew
eral deputy United States marshals.
A large number of deIectiyes also
were present.
Jury Shows Strain.
AS the IL men entered the room
they showed signs of the strain of a
long deiiberation. Their eyes and
jaws were set In marked contrast 70
their heretofore free and undisturbed
manner. Jacob c. Lesher, the fore
man. held the indictment. The four
defendants were asked to stand, as
was the jury. Then William $. At
kins, clerk OF the court, asked If the
Jury had reached a verdict.
"we have" replied Mr.. Lesher In
loud, clear voice.
What do you find as to Nicholas
Lee Eagles?"
I'VE find him guilty Of murder in
same voice.
what do you find as to Samuel
Moreno?"
1--WE find him guilty Of murder in
the first degree"
what do you find as to John F.
McCabe?"
I'VE find him not guilty"
What do you find as to John
Proctorg"
1--WE md him guilty of murder in
the first degree"
NxnG first take his scat
but the others soon did the same
Eagles face was ashen and Moreno
seemed not to care. McCabe also ap
peared unmoyed by the verdict. but
Immediately on his discharge from
the court, and as he was taken out by
his attorney, James A. O'Shea, ht
bowed his thanks to the jury.
Moreno Delayed Verdict.
Contrary to general belief, 1t was
found that no warrant has been sworn
for McCabe. 1t was believed tha'
Maryland would ask for his arres
in connection with hoid-up. Bu'
McCabe was free.
The jury had disposed of him Inn
mediately. The IL men on the frs
ballot stood nine for first degree fol
Eagles and three for second degree
eight for first degree for Moreno and
four for second degree. Proctor alst
was practically agreed upon as beine
guilty of first degree. 1t was Moreno
however, according to one Juror, who
held up the jury. as those who held
out for second degree for the l9-year
old Italian boy. stuck tenaciously- fol
many hours. By this morning there
was only one juror holding out
. against first degree for any OF thu
three. and he finally yielded
Counsel for the three convicted rner
indicated they would file a motion fol
new trial within four days. the
allotted time. Should this be denied
sentence--execution in the electric
chair at the District taii-wiu be
passed within 30 days From this
sentence the attorneys said they would
appeal.
Proctor Breaks Down.
No relatives of the four defendants
were present in court and there wat
no demonstration. AS the jury Ief'
the room the three convicted mer
were taken back to their cell. to b.
later transferred to the jail. Proctor
broke down, his attorneys said. but al
effort was being made to comfort hin
with the statement that this is onl!
the beginning" Eagles and Moren'
were silent.
James II. Archer. Proctor's counsel
had no criticism of the verdict brough
in for McCabe. The other attorneys
for Moreno and Eagles-~expresse,
marked surprise. They had held on
from the beginning for manslaughter
AS the jury had been discharge,
they marched in a body to the cham
hers of Justice Hitz and presented hin
a letter Of appreciation of hts consid
Grafton during the trial. Justice Hit
inquired OF the jurors If they had re
ceived any threatening communities
tions. He said he was informed tina
there were rumors 10 that effect. Al
assured the court that no such con
municatioTls had been received b
them.
"If you should receive such commun
cations" said Justice HitZ, II thinl
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