Evening star., 1928-06-21
"WiII Cheat Chair" Say Mo-
reno and Eagles. Combin-
ing Against Proctor.
PLACE HOPE IN McCABE.
FOURTH MEMBER OF GANG
Proctor Refuses to Take Blame
Repeats Assertion That He
Had No Gun.

With the emphatic declaration that
I'VE will not go to the chair" Nicholas
Lee Eagles, one of the three condemned
to die tomorrow morning for the muir
der of Policeman Leo w. K. Busch,
today is making desperate effort to
save himself and his friend. Samuel
Moreno, from execution through friends
ION the outside" and attorneys for him.
self and Moreno, who are running
down a story that John F. McCabe,
originally indicted with the trio but
acquitted Of the charge of murder, last
Summer stated in public place that
John C. Proctor, the third member sem
fenced to die tomorrow, possessed gun
on the night of the shooting and fred
at Busch.
This is offered by Eagles in direct
contradiction to the emphatic and
steadfast claims of Proctor that he
had no gun on the night Of the homi-
eide.
Say They Fired at Ach.
Eagles believes that If the proper
authorities can be informed of the al
legged statement of McCabe that this
will strengthen his claim and that Of
Moreno that neither shot at Busch. but
concentrated their fire on Buschs fell
low policeman, Frank L. Ach, who was
seriously wounded in the Petworth gun
battle in September, 1926.
Eagles is guarding closely the source
OF the information regarding the alleged
statement of McCabe. The combined ac-
ton of Moreno and Eagles against Proc
tor is the climax of a feud among the
three with Proctor tsanding alone.
Eagles and Moreno are intensely bitter
against Proctor and they declared with
out hesitancy today that 'he is taking
us to the chair with him.
Believe Proctor win Crack"
Eagles declaration that I'VE will not
go to the chair Is founded on be-
lief he said he held today that Proctor
viii crack at the last moment and
exonerate Sam and me OF the killing"
So convinced is Eagles of Moreno's
innocence. he said, that he proposed
to Proctor that they both admit they
killed Busch In order. that the young
Italian may be saved from the chair.
Proctor. according to Eagles. turned a
deaf ear to this proposal as well as
proposals Of several prisoners that
Proctor "come clean"
Proctor was as emphatic as he al
ways has been that he did not possess
a gun on the night Rof the shooting
and therefore had no part In the
shooting of the policeman.
He reiterated his innocence. declaring
that the others knew he possessed no
revolver and therefore is not guilty. !.
Prayed Over Two Hours.
Moreno was serious and stoicai today.
However, he maintained he had
hopes" up until the last minute, having
placed great faith in his attorneys,
who, he declared are working for his
life day and night Moreno said he
prayed last night for over two hours,
his conscience is clear that he had
told the truth and that truth Is that
he did not kill Busch. He was Just as
bitter toward Proctor as Eagles is
and believes he is being carried to
the chair" by Proctor.
Eagles hopes and believes he win be
the last to 60 II all is lost tomorrow,
because am the happiest of the
three" He pointed with pride to the
hearty breakfast he ate this morning
explaining that he consumed so much
food it was not necessary for him to
wear belt to hold his trousers up. He
held and caressed a playful kitten
which belongs to the section of the Jail
in which he is housed.
Proctor spent most OF the morning
with his mother and sweetheart Miss
Leila Lauder johnson. Shortly before
the luncheon hour at the jail Eagles
mother arrived and a few minutes later
Moreno's mother accompanied by some
relatives, visited her son. About an
hour prior to her arrival Moreno's
father spent several minutes in con-
versation with him.
Receive Coolidge Denial.
With 10 o'clock tomorrow set for the
execution, President Coolidge's denial
Of executive clemency In their case
arrived by mail late this morning at
the Department of Justice.
Official communications of the Presi-
dents action were sent to both District
Attorney Rover and Superintendent
William l.. Peake OF the District jail.
The specific action of the President
was to deny the application of John
Proctor. Samuel Moreno and Nicholas
Lee Eagles for communication of
sentence from death to life imprison-
ment.
The papers In the case had been sent
to President Coolidge at the Summer
White House In Brule. Wis.
Contents OF the papers were with
held today as a privileged communica-
ton of official files. and the papers will
remain in the secret archives of the
Department OF Justice.
II was known that among the papers
sent to the President were not only
the formal application of the three
doomed men but also reports from the
district attorney. the presiding Judge
and the Department OF Justice.