Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-19
Jury TO GET BUSCH
CASE IN FEW DAYS.
McCabe Ends Testimony
With Air of Government Wit
ness After Being Cleared.

The case of Nicholas Lee Eagles
John Proctor. Samuel Moreno anC
John +. McCabe, charged Jointly with
first-degree murder in connection with
the death of Policeman Leo w. Is
busch. should he in the hands of the
jury by Wednesday or Thursday. IN
the opinion of participating counsel.
The last lap of the protracted trial
which actually got under way with the
selection of a jury January IL, was
reached yesterday afternoon with the
completion of direct testimony by John
r. McCabe, the last defendant to take
the stand, and the conclusion of the
Government croSs-eXamination of
him by Assistant United States Attor-
ney George ID. Horning. jr.
In this ! croSS-eXamination HOrning
obtained from the witness the identity
Of the man in the rain coat" whom
McCabe on direct testimony had stated
started firing at Policeman Frank l..
Ach.
"Was Surprised" by Shot.
No reference was made by McCabe
TO the shooting of officer Busch by
any one in the party that walked east
on Cpshur street just after crossing
New Hampshire avenue shortly after
o'clock on the morning of Septem.
Der 26.
After the first shot was fired by
Eagles McCabe said there was a slight
pause and l was as much surprised
as the officers were. Busch had turned
around and faced our direction, trying
to get out his gun. 1t was impossible
for the two officers to fire at that time.
I'm like officer Ach in thinking that it
looked like everybody was firing
Horning treated McCabe with the
utmost courtesy and from all appear
ances it looked as though the witness
was testifying for the Government.
The prosecutor permitted McCabe to
answer questions in his own way and
the cross-examination finally resolved
itself into a personal conversation
about the shooting between the two.
One Divergence Shown.
Horning referred from time-to-time
TO McCabes statements which he made
to the police, and in only one instance
brought out a divergence between
them and the witness testimony. This
concerned directions in which Busch
end Proctor ran, which were stated as
being just the opposite from which
McCabe had testified. The witness ex-
planned the statements We're in error
in that respect and Horning pressed
the matter no farther.
McCabe stated that a few hours after
the shooting he communicated with
MIR. O'Neill, a lawyer friend Of mine"
and it was on his advice that he with
held communication from the police
about the affair. The attorney had
informed him that he might be used
as government witness and in that
event bond would have to be, arranged
trl< y,1y
Detectives Curtiss, Trammell and Den
mis- j. Murphy to his rooms, at 1908 K
street, where he was taken into
custody.
Proctor Denies Having Gun.
The jury now has testimony from
two of the Observation-Disclosures and
Moreno-that Proctor opened fire on
Busch. Proctor's defense was that he
had no gun. did not shoot and was
struck by the first shot fired "by one
Of the boys up 'front.'" whom he sub
sequently identified as Eagles and
Moreno. McCabe shed no light on the
assailant of Busch, and he himself
has been cleared of participation in
the shooting by the three other de-
PENDANTS, who declared he had no gun
1T the time and did not shoot.
James Is. Archer, counsel Tor Proc
tor; Louis Tannenbaum, counsel for
Eagles, and Clifford Grant, counsel for
Moreno. will resume cross-eXamination
of McCabe Monday morning and then
James A. O'Shea, McCabe's attorney,
said he might present a few character
witnesses. With a short period of
rebuttal, occasioned by Eagles shift
of testimony yesterday, Horning will
wind up the presentation Of all testi-
mony and the arguments will begin.
There will be no session on Tuesday.
washington's birthday.