Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-02


r. McCabe were brought to the bed
side.
Kelly testified that Busch said:
That's the one I got" pointing at
Moreno. Then Sweeney was brought
in and declared Busch said. II think
that's the one / got" Waldron, fol-
lowed and testified that Busch said.
That is the one I got
The three detectives gave this tes-
tinony as being their best recollec-
ton of the incident and also stated
they were several feet away from
Busch. DIR. Kilroy was right beside
the wounded officer when he said he
heard Busch say to Moreno, You're
the man that shot me-"
Court Is Not Satisfied.
Immediately after this was disposed
of the court took up the question of
the numerous confessions or state
ments by the defendants which the
Goyernment seeks to place in evil
dence. Decision on this matter has
been delayed from day to day by JUS
tice Hitz, because. as he stated. coun-
sci have failed to supply him with au-
thorities. He announced from the
bench that II am not at all satisfied
with any Of these statements"
Assistant United States Attorney
III. O'Leary offered a written state
ment by Eagles in evidence, but the
court refused to accept 1t at the
time. James A. O'Shea, counsel for
McCabe, argued at length for the
admissability of his clients state
ment. but opposed those of the other
defendants. James B. Archer, coun-
sci for John Proctor. the fourth de-
PENDANT, vigorously opposed McCabe's
statement. asserting that 1t was "a
petition for the Nobel prize"
Statements Not Confessions.
The court indicated that the state
ments were not confessions because
each man confesses somebody else
does the shooting"
The argument was interrupted by
the court recessing at 1880 o'clock
for luncheon. leaving the matter still
open.
The Governments argument in
favor of the admissability of the
statements, as set forth by OLeary,
was based on the fact.that the prose-
cution would show by the four
declarations that each man was
present at the time. O'Leary fur
Their declared that each statement
was offered solely against the
author of 1t and did not bind any
one else mentioned. He was willing
to concede that no other names need
be mentioned in order that the state
ments could be received in evil
dence.
Heard McCabe's Version.
Just before adjournment yester-
day afternoon the court and jury
heard McCabes version of the shoot
ing as he related 1t to Detective
Curtiss Trammell on the night of
September 26, In which he declared
that those three men should be
hung" the detective testified.
Trammell, In company with De-
tectiye Dennis j. Murphy and Law
YER O'Neill," McCabe's attorney.
called at 1908 K street about 9
o'clock at night and upon entering
a room where the defendant was Nc
Cabe asked, according to the wit
ness:
"How are the officers? When In
formed they both had been seri-
ously wounded, he replied, Trammell
said. What a shame the way those
officers were shot down" McCabe
told the officer he had no gun. did
not shoot, but the others did" and
then added:
IF ever there was anybody that
should be hung, those three men
should be-" Trammell said. "McCabe
said he never believed in capital
and that the shooting
was the most cold FLOODED thing he
ever heard Of" Trammell quoted him
as saying.
En- route to police headquarters,
Trammell said McCabe told him the
story:
Bought Some Liquor.
After leaving his place of employ
ment in his car, he went down on
Ninth street and picked up Proctor.
They went to Eighteenth and Il
streets. bought some liquor nearby
and later went down Southwest, where
thew bought more liquor. Then they
went to a house on G street and
uicked UP two other men. McCabe
got in the back seat OF the car and
Proctor drove into Maryland avenue.
McCabe fell asleep. The next thing he
was that they were hold
ing up some one. His car was aban-
doned, and the car of the man held
IN was Communicated. This later
was discarded when the wires became
crossed and they walked across field
toward Washington. Here McCabe
tried to get away by lying down In the
grass. Moreno found him and said.
you yellow dog, get up or Ill blow
4 hole ti1rouKh YOU,
They got another car and II broke
down in Fetwcrth. While waiting ct
4 taxicab cal box, the two poii,eman