Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-10
MORENO ACCUSES
PROCTOR IN COURT
Declares Youth Proposed
shooting Way Out" Then
Opened Fire on Busch.

| PENDANT opened fire on Onlcer busch
after proposing to Nicholas Lee
Eagles and himself to put the things
on them and shoot our way out.
Moreno maintained he fired on Pc
| liceman Frank L. Ach, Busch 8 com
panion. because II thought he was
going to kill me" and that he drew
his revolver only after he felt "a
stung down by my calf Moreno
absolved John r. McCabe. the fourth
defendant. OF any shooting. stating
he neither saw McCabe with gun
nor using one.
Reluctantly. however, he testified
that ii was Eagles who shouted Stick
EN- up" after the four men and two
policemen crossed New Hampshire
avenue at Upshur street. Proctor,
who testified yesterday, was named by
Moreno as the instigator OF plot
to hold-up 100 cases of liquor al
though that defendant denied the
| charge in his testimony. Moreno also
claimed that Proctor took part in the
two Maryland highway robberies just
an hour or two before the Petworth
gun battle. although Proctor had
stated Yesterday that he did not leave
the automobile he drove on that night.
Testimony Brings Protests.
Morenos testimony naming Proctor
In almost every sentence brought
storm of objections and protests from
James b. Archer, Proctor's attorney,
who charged Martin O'Donoghue,
Morenos counsel, with prosecuting his
client. The two attorneys heatedly
belted at each other.
Moreno freely admitted recognizing
the gun he used in the Petworth
shooting in the hold-up of the Mick
Gasoline Station on the early morning
of September II. ODonoghue sought
to develop who was present at the
hold-up besides the witness, and on
Archer's objection the court would not
permit an answer. The witness read.
lily identified another revolver shown
him by his attorney as the one Eagles
used.
After the quartet had been ap
preached by the two policemen at
Georgia avenue and Upshur street and
had begun a walk east on the latter
street toward their broken-down car.
Moreno said he was In the lead. but
was called back by Ach and told not
to walk so fast Moreno then joined
McCabe, who walked in front of Ach,
and the formation then was arranged
with Proctor in front, followed by Ea-
giles. and Busch in the gutter.
Proposed Throwing Guns Away.
Proctor dropped back to Eagles
and then to me and said Let's put
the things on them and shoot our
way out" Moreno testified. II said
Let's throw the guns away. but
Proctor went up front again. l was
walking back with McCabe and
Eagle was little in front and on
my right. After that Proctor never
came back to us again.
Then the officer said Let's lock
them up and Ach grabbed hold of
me and McCabe. grabbing me by my
left arm. Busch walked toward
Eagles and Proctor. When Busch
Proctor, Proctor shot at Busch and
some one said Stick 'em up!'"
Who said that" asked O'Dono-
ghue.
Moreno hesitated, rolled his head
from side to side and then. after
looking in the direction Of the de-
PENDANT said. Eagles.
Il broke away from Ach." the wit
ness continued, land Eagles came
back toward Ach and fred a him.
Ach was firing into us and pulled
at Ach. Ach started running down
! ran out into the street saw Busch
on the ground and made a circle
around him and fired two more shots
at Ach. making four in all"
Saw Him Fire Twice.
How many times did you see
Proctor fire." asked OrDonoghue.
II saw two flames come out of
Proctor's pistol" replied Moreno as
ArC nhInRtinD tn the NvifnnQ
discriminating his client Archer's re-
marks caused Moreno to speak up:
Whatever I am telling l am telling
the truth. am fighting for my life. D."
shut up" snapped back Archer,
and then quiet was restored.
Moreno said he saw Busch fall in
the middle of the car tracks, but did
not see Ach brought down at all, Zach
started firing in our direction, toward
me and Eagles and 1 pulled out my
gun after / felt a sting down by my
calf" said the witness. II fred be-
cause / thought he was going to kill
me-"
Eagles Ran From Scene.
Eagles was the first to run from the
scene, Moreno said, and Proctor ran in
a westerly direction, while McCabe
jumped from a terrace and also fed.
moreno TAN uOWU u SLiCCt AIitO Gil dfiCS
and Joined Eagles in a cellar. from
where they heard four more shots, he
testified. In the first cellar he tried to
put his gun down a sewer trap and, he
said, 1--WE heard a noise and then
snuck over to the next door, They
remained in that cellar until o'clock
when, suffering great pain from the
wounds i'm his leg, he asked Eagles to
get him to the hospital.
Eagles told me to ask the woman
upstairs IL she could get r. taxicab
or an ambulance" said Moreno. land
done just like he told me. l went
upstairs and saw Mrs. Vogel in the
kitchen with baby. l asked her to
get an ambulance. and told her l was
shot and she started to holler and /
said For Gods sake, lady. don't hol-
ler.' But she screamed and / ran down
stairs and then into the street, where
/ was captured"
Assistant United States Attorney
George d. Horning. jr., began cross
examination just as Justice William
Hitz recessed the court for luncheon.
Moreno on Stand Yesterday.
Moreno took the stand yesterday
afternoon for direct examination by
O'Donoghue, but he was unable to
get into the actual issue owing to the
vigorous objection of Proctor's coun-
sci to the young Italians reference to
Virginia hold-ups. O'Donoghue ques
toned his client about the Virginia
robberies and Moreno was apparently
willing to answer.
III you want to prove that your
witness is a rat began Archer. in
objecting to reference of the robberies.
which Proctor had previously testified
he did not participate in.
II only want to prove he is a truth.
full man." interrupted O'Donoghue.
"You only have the right to prove
that he didn't kill Busch" replied