Evening star., 1927-02-09
CONFLICT IS SEEN
IN SHOOTING CASE
Defense Testimony of Four
Held in Busch Staying
Indicates Divergence.

The first indication of a marked con-
f1ict in the defense of the four men
charged with the murder Of Policeman
Leo w. X. Busch occurred in Crimi-
nal Division 2 this afternoon. when
Clifford Grant, attorney for Samuel
Mareno. one Of the defendants. deliv-
cred his opening statement to the jury
and claimed his client played a part
in the circumstances leading up to
the Petworth gun battle, with which
John Proctor, another defendant, had
identified himself in his testimony of
yesterday afternoon and today.
After attorneys for Proctor had
rested their case Grant addressed the
jury and declared that Moreno wore
the blue suit and walked i'll front of
Policeman Frank J.. Ach and John
F. McCahe. another defendant, as
they marched east on Upshur street
in search of a broken-down car.
Pleads Defense Instinct"
Grant told the jury that Ach
grabbed Moreno when the two Off
GERS planned to make an arrest and
that Moreno fired, but only after he
had been hit in the leg from the
shooting by Officer ACh.
Mareno drew his revolver with the
natural instinct in every man of self
preservation. declared Grant. adding
that his client knew nothing of a
plan to resist arrest.
Proctor had testified that he wore
a blue suit: that he walked in the
rear of Mareno and Nicholas Lee
Eagles. who were in front. and that
Ach grabbed him when the officer
decided to take him in custody
Admits Story False.
Proctor occupied the stand for near
" two hours today in Criminal Divi
sion Q, freely admitted the falsity of
some of his previous statements to
police, insisted he was telling the
truth regardless of whom it hurt
and reiterated his contention of yes
terday that either giles or Moreno,
his companions on the night of the
Petworth gun battle, opened fire on
the two policemen who were about
| to take them into custody.
Proctor submitted to cross-exami-
nation by Assistant United States
Attorney George j, Horning. 1r.,
and Tannebaum, counsel for Eagles,
and upon the conclusion Of the ques
tioning James B. Archer and A. l..
Bennett the defendants attorneys,
rested their case They announced
however, they would reopen it to-
morrow morning long enough to per
init a Baltimore physician to testify
as to Proctor's condition when he
reached that city for medical aid after
having been shot in the battle.
Accused Man in RaincOat.
Horning occupied the longest time
| in the cross-eXamlnation and leveled
steady fire of questions at the wit
ness. who admitted that previous
statements that he had signed or
| initiated were false in some respects.
| Proctor told Tannebaum that he
| thought Samuel Moreno, third de-
| fendant, wore the raincoat on the
night of the shooting and then he told
Horning that the man in the rain
coat was the one who fired on the
officers Policeman Frank l.. Ach,
wounded in the battle, has testified
| that the man in the rainciat opened
| fre, but to date that man has not
positively been identified.
Proctor, tell lis who fired on the
officers? asked Horning.
"One Of the boys up 'front.'" replied
Proctor.
who was up 'front.'" asked Horn
ing.
Moreno and Eagles" he replied,
adding that he was positive" as to
| this statement.
The witness was. however unable
to give any other details of the shoot
| ing after he declared the first shot
| fired struck him in the abdomen,
| after which he fed from the scene
| through an areaway and by utilizing
an automobile parked on street he
| could not identify.
Wasn't Under Oath at Time"
| Proctors explanation for denying
| the truth OF certain statements given
| bv him to Detective Sargent Edward
| J. Kelley, was.
II wasn't under oath at the time
and my lawyers told me TO get on
the stand and tell the truth regard
| less of whom IT hurt
| Horning asked the witness If he
was trying to favor John f. McCabe,
| the fourth defendant or any one else
and Proctor replied:
mot bit in the world. McCabe
| talked to me several times ABOUT
what / would say on the stand, but
| told him there were IL men up mere
to tell it to-
| Among the statements given TO
| Kelly. which Proctor admitted today
were NOT true were: That Eagles
wore the raincoat: that he was 19
Years old instead of II, that he met
| McCabe in the early part OF Satur-
| day evening September 20, that ne
| Ala NOT know whether McCabe's car
! was a sedan or coach. that Moreno
took out his gun and fred and tnen
Eagles produced his pistol, that ne
was not in the Marylano hoioups.
that the police shot him, and that
he took taxicab from the scene OF
| the shooting TO his home In Seventh
| street southwest
Identifies Two RevOlvers.
nd on
tho scene of the shooting were ide1-
.tsod ~, Proctor as the ones he sa w
! ~ Ia acIes' home a few minutes hefore
! they denarted for a ride Ito get some
aIr !, proctor identified them by marks
on the ends which he placed there seN-
oraI weeks after the shooting. Iannen'
haum held the revolvers about 10 teet
awav from the witness and asked MN
TO noint out which one was used py
Eagles and Proctor without hestatloh
| said '"rhe one In your left hand
News that the defendants were
raadv 10 take the stand brought an
| unusually large crowd of spectators
to the trial this morning ana at >
o'cloce there was long line formed at
the door. Deputy Marshals Edward
RoIyer and Hugh j. McGuinness work
cd with difficulty in trying To seat the
spectators with the limited amount of
seats available.
Directed Verdict Overruled.
After Justice HitZ denied motions of
the defense for a directed verdict yes
terday afternoon Archer made his
opening statement TO the jury in
which he declared that he expected TO
prove there never was any combina-
ton among the four defendants to
shoot anybody; that Proctor never
had revolver and that when the first
shot was fired ii struck him in the