Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-31

giles, and McCabe brought up the rear,
with Ach on his left. During the walk
east on Upshur street, Ach said, Ed
giles stepped back and whispered
something inaudible to the man in the
blue suit and the latter in turn said
something to McCahe and then they
resumed their positions
Men Changed Positions.
During the walk | asked McCabe
where he was from, and he said I
am from Washington and the ether
three are from Baltimore / said.
You are in damned bad company
and then he left me and walked about
three feet TO my right and In front"
Ach said he cautioned the men
about walking so fast, recalling that
he said; "All right, you wise guys.
you've got plenty of time, you're not
going TO any fire" The party passed
No. AZ police box and no one in the
crowd said a word the witness con-
tinued, then the man in the blue suit
announced the broken down car was
on the right side of Upshur street
and near another box.
II knew there was no other box"
Ach said, and after testifying that
he said something to Busch, he
grabbed McCabe in the middle of
the back and seized the left arm
of the man in the blue suit "As
did this" he declared, "the man in
the slicker broke away from Busch.
took one step forward, turned and
said, Stick EN- up firing as he
spoke"
II was about 10 feet back and
little to the right of him. The whole
thing happened quickly. Busch was
ahead of me and on the sidewalk.
AS the man in the slicker fired, |
turned the two that / had loose. Then
everybody turned around and fired,
and l mean Eagles, McCabe, the man
in the blue suit and the man in the
slicker.
Bullet Hits Him.
cat that time something pierced my
stomach. I grabbed for it and fell. I
could not get up without using both
my hands. AS | tried this, the men
were firing all the time. I got up and
fred directly at the man in the green
slicker. / saw my buddy, Officer
Busch, lying in the gutter 10 feet for
ward of me, but / was shooting at the
man in the slicker. | fired five times"
Ach said he was shot in the elbow
as he started to get up and when the
crowd scattered, one man ran past
him and as he started in pursuit he
was shot in the left arm. Ach then
related how he staggered across the
street to a house, where he saw
light and where he received aid.
In view of the question raised by
the defense Friday that no evidence
had been given to show that Busch
was not shot by bullets from Ach's
gun, O'Leary questioned the witness
closely on the positions of the two
officers. AS Ach described it, the man
in the green slicker, Busch and him.
self formed triangle with Ach as
the apex. Busch was to his right,
while Ach said he fired at the other
man to the left. Frequently Ach
referred to green slicker," although
he had identified the black one az
resembling the one he saw that
morning.
Never Saw Busch Fire.
oLeary brought out an additional
questioning that neither Ach nor
Busch had pulled their pistols from
their pockets until they had been
felled by the firing. Ach could not
recall having seen Busch fire at all.
Ach was permitted to state to the
court that when one of the men re-
ferred TO the car as being further
on up Upshur street, he said to
Busch: These fellows are lying.
You take two and I'll take two"
Ach could mot recall seeing Busch
actually take his two, but he did see
his colleague move over toward them.
"Why. did you catch hold Of McCabe
and the man in front of your" asked
O'Leary.
Because ! had this lookout and
they told me they had an automobile
by the first police box and knew they
were lying"
Attorney James A. O'Shea, for Nc
Cabe, vigorously objected to the last
FIVE words of the answer. declaring,
He's pumping feeling into this case.
This witness should give testimony
impartially."
The lookout Busch and Ach re-
ceived, the witness testified. was -four
young white men in large touring
car, maybe Cadillac, wanted for
hold.up and robbery near Berwyn this
am" Ach was still on the stand and
under direct examination when court
recessed for luncheon.