Evening star., 1928-06-05
Tribunal Closes Door to Their
ResCue-Trio Doomed to
Die Friday.
HEARING POSTPONEMENT
is GRANTED BY JUDGE
Woman Attorney for Proctor Says
Petition for Clemency Will
Be Sent President.

States today refused 10 review the case
of Nicholas Lee Eagles, Samuel Moreno
and John Proctor, young men now
under death sentence at the District
Jail for the murder of Policeman Leo
w K Busch.
While the decision erased the last
hope of the SlayerS to escape the elec-
trio chair through the courts. a post
ponement by Justice Jennings Bailey
of a hearing on their motion for an
extension of the sentence effective Fri
day brought encouragement to the trio.
Justice Bailey, at an informal confer
ence with their counsel, requested that
they make their motion Thursday, the
day before the execution.
At the conference 1t was announced
by Miss May T. Bigelow, counsel for
Proctor, that a petition for executive
clemency would be filed with the PreSi-
dent Immediately.
Inasmuch as this petition must en-
counter much legal machinery In the
Department of Justice, it was felt by the
defense counsel that 1t could not be
delivered to the White House prior to
Friday morning <the date now standing
for the electrocution.
Smile at News.
The condemned men, apprised Of
the decision at 1910. took the news
with a Smile. They appeared to have
expected an adverse decision.
Il thought the news would be
black" Eagles declared with a shrug
Of his shoulders
Neither Proctor or Moreno had any
thing to say but also appeared philo-
sophical as they learned that their last
hope for life had been denied
The three slayers were brought to the
courthouse shortly after noon from the
District Jail in order TO be present in
open court when the motion was made.
formally at the bench, the condemned
men were not brought upstairs into the
courtroom.
Miss Bigelow. who was present at the
Supreme Court. when the motion for re-
view was denied, said that Proctor ap-
peareu to be shocked by the verdict of
the highest court.
~ don't think they've been kidding
themselves too much" Miss Bigelow OBJ
served in commenting on the manner in
which they received the information
that their last legal chance OF escape
from the electric chair had vanished.
Taken from Cells.
AT 2 o'clock the three were taken
from their cells, on the ground floor
Of the courthouse, and placed In the
black maria" for conveyance back TO
the jail. Proctor, with new straw
hat tilted on the side of his head,
flashy neektie and a neat blue suit,
carried folded newspaper. which he
swung jauntily as his eyes danced all
over little assemblage of court at
taches which had gathered to watch
them on the few steps between the cell
and the wagon"
Eagles. wearing glasses with one lens
frosted which indicated his blind eye,
wore the same gray suit and cap he
stood trial in and looked straight ahead.
Moreno, likewise In his trial day garb,
glanced about and nodded to one or
two familiar faces. The prisoners were
hustled into the wagon. Proctor first,
Eagles second and Moreno third, and as
Moreno mounted the steps. he waved
to his mother. who was standing In the
roadway and shouted 'good-by."
The three men were handcuffed TO
each other and to Gus Cerimeie. deputy
marshal who has escorted them from
courthouse to Jail and back again from
the first day they went on trial. He
rode in the closed compartment with
the three prisoners.
The highest court In the land refused
to enter into the case as forwarded to
1t through a petition for q writ of
review based on the action of the
District Of Columbia Court of Appeals,
which upheld the conviction of the
three men. The court did not take its
place at the bench until 1890 o'clock
and after disposing Of two matters be-
fore IT, Chief Justice Taft reached the
Busch case" on his schedule. He
stated that the petition for a writ of
review had been filed and added: After
full consideration thereof the court
denied the application.
Lasts Four Minutes.
The entire session lasted but four
minutes and the court adjourned until
the Fall
In disposing OF the petition. the court
departed from long established pro-
cedure. II had been announced that
the court would adjourn yesterday for
the Summer, but Chief Justice Taft at
the last minute postponed this action
because II had not had sufficient time
10 inquire into the petition. In delay
ing adjournment Chief Justice TAFT
carried out recently expressed inten-
ton TO facilitate the disposition of
criminal cases awaiting action before
me court
The action Of the court today ended
the chapter In criminal procedure here
which began on the morning OF Sep
tember 20. 1925. in Petworth when the
three men opened fire on Policeman
Busch after he had attempted TO APP
prchend them In connection with q
series Of highway robberies.
Their trial began January 10, 1927,
and ended seven weeks later Five
months from the day OF the shooting a
jury returned verdict OF first degree
murder 10 Justice William Hitz. who
sentenced the three 10 die In electric
chair In July this year
1t was the first sentence pronounced
by any justice In the District courts un-
der the new law, which changed exeeu-
ton from hanging To electrocution. The
case was appealed and an extension was
granted the three slayers until May 2b
OF this yenF,
The District Court Of Appeals April
| z upheld the verdict and the case was
taken To the highest court on petition
| for writ Of review, The date Of exeeu~
ton was again postponed until June D,
-