Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-18

continued from FlTSt rage
in a raincoat opened fire on Police
man Frank l.. Ach.
He did not say who fired on Busch
explaining he knew none of the de-
PENDANTS at the time. and when a
"barrage" opened up he rolled over
on a terrace and fed the scene.
McCabe declared he had been drink
ing heavily and fell asleep in the back
of his car. which he said was driven
by Proctor He made two unsuccess-
full attempts to escape from the three
men in his car. he said. but was
ordered by them to remain.
Eagles suffered his change of heart
about 10 o'clock last night and phoned
his attorney, Louis Tannenbaum, re-
questing him to bring Attorney James
A. O'Shea. counsel for McCabe, to the
Jail for a conference. he testified. He
then Informed O'Shea, he said, that
lures, of his testimony yesterday. The
move came as a surprise to the court
room.
Admits New York Reward.
The last 20 minutes of yesterdays
session was given over to a hostile
by O'Shea, which
was Interrupted by the hour of ad-
journment
Spectators and court attaches were
in an eXpectant mood this morning
as it had been rumored OShea would
have Eagles on the grill for the entire
day to break down the ."frame-up'
against his client.
The first correction" Eagles made
ha ID, 4t,A
name of Louis Silverblatt he was con-
victed of petty larceny and assault
in New York and had served several
months for these offenses. Then he
detailed all the occurrences from $50
O'Clock on the night of September %
until the time of their arrest about
$50 o'clock September 26.
Assistant United States Attorney
George p. Horning, ir., abandoned
the cool procedure he had exhibited
toward the witness yesterday on
cross-exa mination and carried Eagles
on a rough journey through his vari
Gus statements on direct examination.
drawing the admission that he had
lied while under oath"
McCabe Forced to Go With Them.
When Eagles first met McCabe at
midnight September 25 he testified
that the defendant was drunk and
smeIled awfully of liquor" In Nc
Cahe's car he, Proctor and Moreno
went into Maryland and held up two
automobiles, he said. McCabe's car
was bandoned at the first hold,up for
the car of a victim and McCabe was
ordered out of his own automobile,
Eagles said. The witness was very
emphatic in stating that McCabe took
no part in the holdups. He admitted
that McCabe disabled the stolen auto
mobile the quartet was riding in by
pulling out a wire from under the
dashboard. Then when McCabe fell
to the ground in an effort to escape
as they walked across n field after
abandoning the stolen car. Moreno. at
the point of a revolver. ordered him
to go along. McCabe also was ordered
by Moreno to help push car out of
a barn. Eagles said. and it was this
car that was aba ndoned near Soldiers
Home because of fiat tire.
After having been approached by
Policeman Busch and Ach and as the
party of six walked east on Upshur
street. Proctor spoke to Eagles, say
ing: Nick, we've got to shoot our way
out of this" to which Eagles replied,
he said, Lets throw our guns away"
Eagles admitted he had a gun, on the
stand today, but denied 1t vigorously
yesterday.
AS Officer Ach asked his companion
to arrest the two men i'm front. whom
Eagles said We're Moreno and himself
Proctor shot his gun out and Ach
started shooting" At that moment
Moreno, who wore the raincoat, turned
around and said he was shot, Eagles
testified 1t was then that both
Eagles and Moreno opened fire on
Ach. the witness testified. adding: Nc
Cabe jumped over hedge and that
was the last seen of him
Neither Proctor nor McCabe Joined
Eagles and Moreno in the cellar of
4107 New Hampshire avenue. Eagles
said today.
Says Proctor Fired.
After Eagles had admitted that all
statements made to the police, both
signed and oral, We're not correct and
explained why he changed his atti
tude, he was asked by Clifford Grant
counsel for Moreno: who fired at
Busch?"
Proctor fired the first shot at
Busch" replied Eagles, land that is
true. Moreno did not open fire on
Busch, but fired at Ach after being
hit. and the both of us fired at Ach. :"
THANK you, | am grateful to you,
Mr.. Eagles" replied Grant. as he sat
down.
McCabe, under direct questioning
by his attorney, O'Shea, outlined his
previous life and related how he
drank whisky and gin in large guam
titles the night of September % and
was introduced to Proctor on Ninth