Evening star., 1927-02-27
WEIRD COINCIDENCE
IN MURDER VERDICT
Jury Decision in Busch Case
Reached at Same Hour of
Convicted Trio's Capture.

diets Of murder in the first degree
against Nicholas Lee Eagles, Samuel
Moreno and John Proctor, for the
death Of Policeman Leo w. X. Busch,
and acquitted John f.. McCabe of the
charge.
Almost five months from the minute
that the shooting began on Upshur
street that early Sunday morning,
which resulted in the death of officer
Busch the jurors, having neared a
completion of their task in the night
before, arose at 4 o'clock and be-
gan to go over the case once more.
And just before 9 o'clock, or nearly
five months from the minute that
Eagles and Moreno were taken in
custody by police Of the tenth pre-
cinct, the fate of these two men and
that of a third was sealed and the
l. men breathed q sigh of relief.
It was then that the coincidence was
discovered. Up until that hour no
thought had been given 50 inc time
element in the sensational shooting
affair. The hour of getting up yester-
day morning had been predetermined
by some as a means of clearing up the
case in time to cause no delay in re-
porting their findings.
Caught by Two Citizens.
The four men placed on trial
charged with the murder of officer
Busch were apprehended by that Of
ficer and Policeman Frank l.. Ach,
himself seriously wounded in the
battle, at Georgia avenue and Upshur
street about 4 o'clock on the morning
of September Is and a short time later
both officers were shot down. one be-
ing mortally wounded. Eagles and
AFnr0nn q
New Hampshire avenue, and, as they
sought to escape after daylight broke.
were caught by Charles Newhard and
Roscoe Oatley, residents OF Petworth,
and turned over to Capt, Frederick
Cornwell Of the tenth precinct and his
officers. who arrived about 9 o'clock on
call from another resident of that COM
munity.
Aside from the coincidence which
evoked expressions Of surprise from
the jurors when they learned of it.
the deliberations Of the panel were
void of the unusual. Immediately on
retiring to the room they gathered
about a long conference table, elected
Jacob c. Lesher foreman, or as they
preferred to view it, chairman" :"
The deliberations assumed the aspect
of meeting Of board of directors,
each member being entitled to one
vote. 1t was unanimously agreed that
McCabe had the best case, that 1t
was murder or nothing" and in five
minutes he was acquitted.
incidentally. McCabe no longer is
wanted in Maryland in connection
with the two highway robberies
which occurred about one hour and
q half before the Petworth shooting.
Although he was an occupant of the
bandit car, the jury, by its verdict.
declared he had been abducted, was
held prisoner by Eagles, Moreno and
Proctor and took no part in the hold
ups. The three defendants. individ-
ually on the stand, have exonerated
McCabe OF any connection with the
robberfes, but before the verdict was
brought in there was a report, even
accepted by McCabe's counsel, that
the 31-year-old father would have to
answer for the two hold-ups. So
McCabe now is as free from the
clutches Of the law as he was on the
morning Of September rs, 1925.
Eagles Next Considered.
The case Of Eagles next was taken
up by the jury and the first ballot re-
suited in nine votes for his conviction
for first degree and three for second
degree murder. Moreno then was
reached on the list given in the indict-
ment, and the vote was eight for first
degree and four for second. Proctor
brought the same vote as was given
for Eagles.
Subsequent ballots revealed a lean
ing more and more to first degree for
Eagles and Proctor but the vote for
Shortly after 10 o'clock It narrowed
down to point where those who had
held out from the beginning for first
degree were confident the matter could
be settled and they were ready to
strive for an agreement before mid
night. On being informed. however,
that Justice Hitz had retired to his
home. the Jurors decided to retire
themselves.
Some of the jurors played cards.
others chatted among themselves
about the case and still others went
to sleep. Then around 4 O'Clock the
men who had reached a decision in
their minds the night before arose
to be confronted with their convic-
tions, and while the majority found
they could stand by them a few began
to weaken. The closing stages of the
deliberations were interrupted by
breakfast, and upon completing their
meal and giving each other an op-
portunity to air their views, they
struck the final ballot which revealed
unanimity. From that time until
they reported to the court, which was
to have convened at 10 O'Clock, but
did not actually get underway until
1880, 1t was just question of
waiting.
Horning Gives His Opinion.
Assistant United States Attorney
George d. Horning, jr, the youthful
prosecutor, who virtually single hand
ed fought the stubborn defenses of
the three convicted men as presented
by the array of counsel, gave his
opinion Of the verdict last night as
follows:
ut was a true and honest verdict by
red. .blooded Americans not afraid to
render such a decision. | felt had
justice on my side from the beginning.
and that the jury would not tolerate
the ruthless shooting to death in the
streets of the city Of q brave police
man whose duty it was to protect the
public"
When McCabe was discharged from
the courtroom, and after he bowed his
thanks to the Jury as he was taken
from the court by his attorney, James
A. O'Shea, he went to police head
quarters to inquire after the Mary
land incident. and was told there that
he was wanted on no charge. Then.
beaming with JOY as the last load was
removed from his mind, he rushed
home to his wife and 6-year-old daugh.
ter Jacqueline.
Just let me get upstairs to my wife
and baby" cried McCabe as he dis.
mounted from ap automobile in front
..f
Poses for Photographers.