Evening star., 1928-04-02

McCabe. committed two acts of high
way robbery on the Washington Balti.
more boulevard in the early morninc
hours Of September 26. They had
driven out on the pike in Macabe's car,
held up Felix Solari, disabled the Nc
Cabe car and departed in their victim 8
automobile, and before reaching WASH
ington. committed another hold-up
Abandoning the Solari automobile, they
walked across field and McCabe tried
70 escape. He was threatened against
such procedure and was forced to re-
main with the bandits. Then they stole
car from the garage of the White
Horse Tavern. entered washington by
way OF the Soldiers Home and aban-
don that stolen car on Webster street
Called Taxi.
In the meantime the word had been
spread of their banditry on the pike
and the Washington police, including
Busch and Ach. were told to look out
for four young white men In a big car
wanted for hold~up this am"
The four walked to Georgia avenue
and Upshur street and one Of the group
called q taxicab from the taxi call boz
located at that intersection. The tive
policemen across the street saw the four
men. observed they answered the gen.
eral description which had been broad
cast, and apprehcnded them. The ex-
PLANTATION was given that their car had
broken down up on the hill" and they
were seeking TO go to their homes in q
taxicab.
Desiring TO see the car, which they
believed would confirm their suspicious
II IL proved big car" as the lookout
stated, the officers agreed to accompany
the quartet to the place where it was
parked. SO they marched east on Up
shur street. in a direction somewhat
distant from the actual place the cal
was abandoned until Policeman Acf
gave vent TO his feelings Of suspicion
To Policeman Busch. he said Busch
these fellows are lying, you take two
and I'll take two"
Prior to that announcement one oI
the number had passed q whispering
remark to the other two, excludinl
McCabe. This remark, brought out al
the trial as the basis for the con.
spiracy TO shoot their way out of ar.
rest, made 1t unnecessary for the Gov.
eminent TO prove which man actuall,
fred the shot that resulted In Busch:
death.
The moment Busch and Ach reached
for their two" some one up front
| wheeled around, drew q revolver
shouted Stick EN- up!" and at tn,
same time fired. McCabe rolled ovel
on terrace and fed the scene i'm
mediately. while guns blazed on botl
sides. Both Busch and Ach wer'
dropped" and. although fatal.
wounded. Busch followed in pursuit o
the fleeing bandits. Proctor and Mo
reno received wounds, while Eagles es
capped bullet injury. Proctor, although
| suffering from severe wound in tn.
| abdomen, managed TO steal an auto
| mobile and drive TO his brother II
Southwest, who drove him in Proctor
own automobile 10 Baltimore, wfer'
he was apprehended
Hid in Cellar.
Eagles and Moreno hid In q cellar Al
| 4i05 New Hampshire avenue until day
| light, when the severity Of Moreno's LEI
wound made IL imperative that he re-
ceive medical assistance. They appeared
in the kitchen OF the house where Mrs
/ George Vogel was, and upon seems
| them she screamed The two fled thu
house, but were caught by neighbors Q
short distance away. McCabe was ar
/ rested that night.
| Two days after receiving the fata
wound in the gun battle Policeman
Busch died, while Policeman Ach slowl,
recovered First-degree murder charge
we're placed against the quartet and TIN
trial began January 10. 1927 On Feb
riIary 2e or five months from the da'
OF the shooting. the verdict was re
/ turned
In the jackson case, Justice Robl
points out that the law reposes in tn
trial justice the discretion Of whethe
the mental condition of a prisoner shai