Evening star., 1927-02-25
JURY:GETS BUSCH
CASELATE TODAY
Horning Asks Verdict of
First.Degree Murder
Against Eagles.


One Of the longest murder trials in
the history of the District of Columbia
will come. to an end this afternoon
when a Jury In Criminal Division :
will receive the case OF four defend
ants charged with the murder of
Policeman Leo" w. X. Busch from
Justice William Hitz:
Assistant United States Attorney
George -. Hornine. b., this afternoon
is closing his argument of summa ton
which was begun shortly before the
luncheon recess and after counsel for
John Proctor. Nicholas Lee Eagles
and John f. Mctabe had summed up
their ca ses Counsel for Samuel
Moreno. the Fourth defendant. pre-
ssnted his closing argument yesterday
afternoon.
James Il. Archer, Proctor's attorney
asked for a verdict of not guilty on
the ground that no one has placed a
revolver in Proct0r's hands. lie
broadly intimated that Policeman
Frank l.. Ach shot his colleague,
Oficer Busch explaining that although
Ach declared he fired at man in a
raincoat, the only coat produced IN
court bearing any bullet holes De-
longed To Busch
Claims Self Defense.
Louis Tannenbaum. Eagles attor-
ney, plead for an acquittal on the
ground that his client fired in self
defense. and James A. OShea. counsel
fw McCabe. told the jury that YER
dict Of not guilty should he rendered
because his client had no gun ana
no motive to resist the officers. Even
with An aCquittal, O'Shea declared,
that would not clear away the cloud
over McCabe's life, "of having spent
nearly five months in Jail where he
has no right to be
Hotning launched into his argument
With scathing attack on the defend
ants, declaring that not one admitted
firing i'm the direction OF Officer Busch.
lie said. however. that the jury could
not expect 'brigands. bandits. liars
and perjurers' to admit firing on that
policeman. Horning analyzed the evi-
dence infinitely. pointing to dis
Crepances among the various defend
ants testimony and comparing these
with statements by Government wit
nesses. While directing his attack at
oil four defendants the prosecutor ap.
peared TO he more lenient with Nc
Csbe.
Says Eagles Wore Coat.
He pointed to McCaBe's testimony
as complete cooperation of every
thing Aeh said about the positions of
the four men and two officers as they
walked east on Cpshur street. He
had not reach9d the details of the
shooting when recess fof luncheon
was called. but just before that halt
In The proceedings Horning declared:
The man who fred the first slot
is guilty of murder In the first deA
gree. He fired before either officer
had a chance to null out gun. Who
l,ap A,E IL
the raincoat: Proctor says he Was the
man in the raincoat. and McCabe
SAYS he was the man in the rainc6at."
Horning contended the man In the
raincoat was Eagles, and then told
the jury 'it would be a violation of
Your conscience and contrary TO the
evidence to bring in a verdict for this
man other than fret degree murder.
McCabe said at the time of his arrest
that IL either offcer died those three
men should be hung. If that's his
attitude. why should you have any
doubtse"
Archer Attacks Prosecution. =
Archer attacked the Government for
going TO Eagles Ito put the bug on
Proctor" declaring it was "humiliat-
ina and degrading
We all know there is an unhar-
messed electric chair in the JAIL" said
Archer. Speaking OF visions (refer.
ring to Eagles statement that he had
vision which brought about a change
~ his testimony, what would YOU
think IL that vision hadn't appeared
until after McCabe had been executed?
] don't intend 10 discuss his evidence
because ] am confident you will nav
no attention to anything he said"
Ach. the attorney continued, en-.
deavored TO tell the truth. but he said
he fired five shots at the man in the
ralncoat. We fud three holes In
Pusch's coat and none In the slicker."
declared Archer.
Three weeks before Eagles came to
Washington he was a New York gun
man with a criminal record" Archer
continued. and this drew an objection
from Tannenbaum, who declared his
client was not a gunman." Archer
then withdrew the charge. No man
has put a revolver in Proctor's hands.
he said. and added: Proctor must be
shown TO have shot Busch or II some.
body else did. he must be shown TO
hasv connivsd with that person before
verdict of guilty can be brought in
against him.
Tannenbaum Opens Argument.
Its asking too much Of a jury"
concluded Archer, TO have ID come in
and swear that Proctor shot Busch
when Ach admits he emptied his re.
volver at the man I'm the raincoat and
when the only raineoat produced here
with any bullet holes in it is Mr..
Buschs
Tannenbaum followed Archer in his
closing argument. He declared at the
outset that Eagles stands before you
today as innocent of the charge of
murder as / do" His clients second
version Of the shooting rings true"
Tannenbaum said. He denounced
"sneers at the vision of Eagles
mother" telling the jury ''you know
the influence of q mothers vision"
Moreno, and not Eagles, wore the
raincoat. Tsnnenbaum said. explain.
Ing at the same time that the identity
of the man in the slicker is an i'm
portsnt element in the case. He con-
Guided his argument with the state
ment that Eagles shot in self
defense" and that he was the victim
~ an illegal arrest" The fact that
felony was committed in MARYLAND
is no probable cause for arrest, he
said.
o Shea told the jury that Assistant
United States Attorney James J.
% I~ary who opened for the Govern
ment yesterday. and the other three
defendants had exonerated McCabe Of
Ihe shootlng. OLrary told you yes
ferday TO acduit this man" he de-
clArcd. hut was interrupted by jug
tlce HitZ. who said he didn't hear
bLeary saw that O'Shea explained
that was the impression he received
tnd then declared the only thing Nc.
abe is guilty Of in this case in that
he was under the influence of liauor
This case is stranger than fiction
ronttnued the attorney. Would you
think thst man could get implicated
In such n situation7"
Taking, I'm he avidanca in tho On 90