Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-24
BUSCH MURDER
TRIAL NEARS END
Arguments Begin After Judge
Announces Granting OF
All Prayers.

The Busch murder trial entered Its
last stretch in Criminal DIVISION TO-
day when final arguments were begun
and the possibility that the case wouao
be given to the jury late tomorfo"
appeared likely.
Prior to the opening argument OIL
the Government, which was made by
Assistant United States Attorney
.Iames j. O'Leary, Justice Nilliam
Hitz announced that he had granted
all the nrayers that were debateo
throughout the session yesterday, ana
that by those instructions "nlch OPP
nosing counsel had asked to be IN
cluded in his charge to the jury tney
would obtain an indication OF the
courts view of the case.
-Four Decisions Possible.
Justice Hitz yesterday afternoon
had threatened to deny all OF the
prayers and charge the jury In ms
own way. but this morning he an
nounced they would stand. The court
stated that it thought manslaughter,
self-defense and both degrees OF muir
der were involved in the case, that an
defendants may be found guilty as III
dicted and all not guilty as indicted
that one or more may be tonnd guilty
and one or more not guilty, and TINS
applies to first and second degree nlui
der and manslauEhter. -,
THE position of the Government
OLeary told the jury, lis not an eye
for an eve. a tooth for tooth ana
life for life. but justice TO the Nv
ing and Justice to the dead. his
argument dealt In the main with an
application of the facts in the case 10
-four possible verdicts-hrst degree
and second degree murder, man
slaughter and not guilty Assis's -,
United States Attorney George II.
Horninr. ir., who prosecuted the case
throughout. will close for the Govern.
ment, take up the facts in detail anu
ask for a verdict.
Cause Is Principal Issue.
The cause of the shooting ana now
II started, OLeary said, were the pIill
cipal points in the case. He releiIeo
to previous testimony, Wnlcn s.a -.
that one of the defendants passed the
word to "shoot our way out OF TINS
when Policemen Leo W. X. Busch and
Frank l.. Ach were walking with the
four men east on Upshur street, anu
then declared:
"If If is true that before the shoot
ing an arrangement was entered INTO
whereby they would shoot their way
out, that will explain the cause OF the
incident. The man who lnstlgateo OF
caused them to shoot VIII DE sulItS
of first degree murder even thoosn
he did not have gun" the pre-
nonderance of testimony on this point,
f'I,eary continued, shows that Jonn
Proctor was the originator of the sug-
gestion to "shoot our way out.
OIeary said the dying statement OF
off1cer Busch declared that four men
shot land that means John f. Nc
Cabe." and that Officer Ach has testi-
fed that four men shot and that at
the time he was on the stand he men,
toned the four defendants by name.
Hits Self Defense Plea.
.If Busch and Ach are telling the
truth and this whispering incident oc-
Cured. how can it lie in the mouth
of any defendant to say he did not
shoot, or that he shot in sell de-
fense?" asked O'Leary, and in the
same breath he added: IF McCabe
did not shoot he cannot be found
guilty unless it is proved he was
party to the plan to shoot their way
out"
OLeary told the jurors that from
all testimony, including that of the
defendants, neither officer shot first
SO that it would be impossible for a
defendant to claim self defense.
He analysed the testimony which
concerned the identity of the man
who wore the raincoat and also dis
cussed evidence about the presence
of gun in the hands of Proctor after
pointing out that Nicholas Lee Eagles
and Samuel Moreno both admitted
possession of revolvers at the time of
the shooting.
Charges Second Degree.
The most charitable view that
could be taken toward the defendants,
except McCabe, OLeary said, lis
that they are guilty of murder in
the second degree" He explained
that if there is no premeditataon and
no elaboration the Government
would not ask for the first degree
murder but If those points are pres
ent then it is first degree and a YER
dict is the statement of the fact
Taking up the first of eight counts
in the indictment, which charges
Eagles with firing the fatal shot,
O'Leary declared that defendant is
guilty of first degreem urder He
%1iaI dAtC1AGCQ AAdS les DIS d man VINO
betrayed his character on the stand
much more clearly than any lawyer
and added that he possessed
''snaky, Shiny willingness to get out
of anything"
The four defendants had a strong
motive to resist arrest, O'Leary said,
for to submit meant being found
armed with the proofs of the Mary
land robbery on them.
SeIfDefense Argued.
Upon the conclusion of OLeary's
argument, Martin O'Donoghue, coun-
sci for Sam Moreno, delivered his ar.
gument, declaring dramatically that
his client shot in self defense, but not
at Busch and that he was not party
TO any plan ito shoot their way out
Of arrest"
ODonoghue, making his first ad-
dress TO a jury in his legal career de-
clared Il will stand my ground and
tell you that boy fired in self defense,
and he did not enter a plan to shoot
his way out"
ON speculation continued the
young attorney, and on no direct evil
dence, the Government seeks a first
degree murder verdict against this
boy. There is no testimony that Mo-
reno fired al Busch, and there Is no
testimony or evidence that he fired
inst. He did fire when he was shot
in the leg, and he fired because he
thought the officer was going to take
his life.