Evening star., 1927-02-16
DEFENDANTS SPLIT
OVERBUSCH AIRED
Moreno Testifies Eagles and
Proctor Threatened to
Frame Him.

The lack Of harmony among three
of the four defendants in the Busch
murder trial was aired before the
court and jury today in Criminal Di'
vision by Samuel Moreno, who testi.
fed that Nicholas Lee Eagles and
John Proctor had declared openly at
the Jail what they were going to do
to me when they got on the stand y
Moreno had submitted to cross.
examination by Assistant United
States Attorney George D. Horning
jr.. James A. O'Shea, counsel for John
r. McCabe. the fourth defendant, and
Louis Tannenbaum. attorney Tor
Eagles, before James r. Archer
Proctor's attorney. pounced upon him
with q series Of questions as to what
the witness had said about Proctor at
the jail
Annoyed Mt Grilling.
Moreno admitted having made sew.
eral statements about what he Wouid
say against Proctor on the stand. but
stoutly affirmed that anything he
said was not under oath whereas
his direct testimony and answers to
the cross-examlnations were the
truth
Becoming annoyed at being present
ed with statements he was said &c
have made to several prisoners at the
jail and since the trial has been In
progress, Moreno snapped out at Ar
cher; Look here, go around the jail
talking and what | say isn't under
oath. | heard a lot of things about
what Proctor and Eagles said they
were going to do to me when they get
on the stand. I can bring a list OF
guys up here. too"
Archer began his cross-exa minatior
by asking Moreno II he felt like he is
s years old. evidently referring to tes
timony Of a psychiatrist that Moreno
has a child's mind. II got good enough
brains to remember what occurred
and I don't feel like I got s-year-olt
brains" Moreno fired back at Archer
The witness then was asked If he
told George De Ceille at the jail that
Proctor had no gun on the night o'
the shooting. which Proctor las al
ready said himself on the stand, al
though Moreno has testified he die
have revolver.
Admitted Making Statement.
whatever say is off the stant
and it amt under OATH" he replied
Justice William Hitz then asked
Moreno If he did make the statemen
credited to him and the defendant re
piled that he had, adding that hi'
lawyers told him to say whatever III
wanted to as long as he did not sc
into an argument.
did you tell this man that yo,
were going to burn PROCTOR" asked
Archer and Moreno shouted, NO"
"Do YOU know Harry Sweet?'
asked Archer.
That's all right about Harry Sweet
He comes and tells me lots of things,
replied Moreno. heatedly.
Did YOU nave any conversation
with him?" demanded Archer.
Yes, the punch of stool pigeons,
replied Moreno.
did you say you could put Proctor
on the street, but because of his hit
ting you in the jug down here yot
would burn him. asked Archer.
Il didn't say anything like that,
replied Moreno.
Then the witness was asked if h
recalled saying to Proctor at the jai
on Monday that: 81 have said a 10
of hard things about you. but / have
gone too far and it's too late to taxi
them back?"
! Yes, said it and I'm not goint
to get into any trouble" he replied
Hit "in the jug"
The reference by Moreno to beint
hit "in the jug" aroused Justice Hits
curiosity and the court asked if ther'
had been a fight. Clifford Grant
Morenos attorney. then called on th'
witness to relate the circumstance
and Moreno explained that afte1
James Callan and Harris Atchison
two prisoners at the Jail had testified
about Moreno. they were approached
by the witness in the cellroom ant
accused OF having lied"
Moreno then said Proctor "callet
me a name about my mother" bu
he only replied that's all right" anC
turned away. He then was strucl
in the left eve by Proctor who wore
a ring on the hand, he declared
Moreno added that he accused Callar
and Atchison of Lying on behalf o.
Proctor"
An objection was raised to this
line of testimony. but Grant insisted
ii should be given to show that hi!
client has been dominated by Proc
tor while he has been at the jail"
Held to His Story.
Horning hammered away at Moreno
for the entire afternoon session yester
day on the facts of the shooting, but
the witness held to his original story
Finally he announced he was tired OF
answering questions" and the court
adjourned at the usual time.
Several times the witness was called
upon to detail the actual positions OF
the four men and two policemen as
they walked up the street in search oi
their broken-down car. Moreno ap
peared confused several times anc
| told Horning he had seven or eight
ways of explaining 1t, while l have
only one" In substance he told the
prosecutor that it was Eagles who
shouted stick 'em up; that at that
instant Proctor fired as Busch walked
toward the two; that he felt sting
| In the leg, saw Ach firing at him and
returned the fire. and that McCabe
jumped up on a terrace, did not fire
and then fed. .-...
Moreno was positive that at no time
during the shooting did Ach fall tc
the ground. He stated, also conf
IDENTIFY, that Busch was shot and
dropped before he had an opportu
nifty to draw his gun. The witness
emphasized that he and Eagles fired
! at Ach, while he saw two fires" come
| out of Proctor's gun.
SHANGHAI IN PERIL
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