Evening star., 1928-04-02
Eagles, Moreno and Proctor,
Who Shot Policeman in
1926, to Die May rs.
C0L0RED ASSAlLANT,
JACKSON, ALSO TO DIE
Appeals Court Affirms Conviction
in Assault of Woman in Capitol
Grounds Year Ago.

Inc tnree men VINO StlOt 10 Qeatn
Policeman Leo w. K. Busch in Petworth
nearly two years ago must pay with
their lives in the electric chair at the
District jail May IS. the District Court
of Appeals ruled today.
At the same time the court affirmed
the conviction and death sentence of
Phillip jackson, colored, scheduled to
die in the chair April II for q felonious
assault on Mrs. Daisy yelling in the
Capitol grounds February year ago.
Second Policeman Wounded.
The trio convicted of numbering
Policeman Busch are Nicholas Lee
Eagles, 80 years old; Samuel Moreno, 10,
and John Proctor. 20. They shot the
officer fatally September 26. 1926. in
making a break for liberty after he
and Policeman Frank l.. Ach had
arrested them on a highway robbery
lookout. Ach was badly wounded In
the gun fight.
One of this trio may be the first TO
become victim of the Districts new
electric chair, as JackSon'S execution
may have to be postponed because the
not be sent down for is days.
The appeal of the trio In the Busch
case was taken directly from the jury's
conviction of first degree murder. but
the jackson appeal was from the re-
fusal of former Justice Adolph A. Hoeh-
ling to submit to jury the question Of
the sanity of the prisoner The opinion
of the appellate court in the Busch case
was rendered by Chief Justice George
E. Martin, while the jackson opinion
was written by Justice Charles H.
Robb.
Chief Justice Martin declared that he
had made careful study Of the excep-
tions taken by counsel for the three
condemned men. but was unable to see
any reversible error in the conduct of
the trial by Justice William Hitz of the
District Supreme Court. The chief JUS
tice pointed out that the portion Of the
charge to which exceptions were taken
by Miss May T. Bigelow, the young law
yer who pleaded for a reversal Of the
conviction OF Proctor, while read by
itself might appear TO indicate that the
trial justice had said the men might
be convicted even II there was no inten-
ton TO kill Busch, yet when read with
the entire charge could not have mis-
led the jury.
Case Was Unusual.
The objection of counsel for THE other
two prisoners that they had been fur
nished only with the names Of the
jurors sitting In Criminal Division Q
and that jurors we're called from the
Circuit Divisions to complete the panel
was not sustained by the appellate
court. which held that the furnishing
OF the names Of the regular panel salts
fed the requirements Of the law. The
reception into evidence Of testimony of
hold-ups by the men In the hours pre-
ceding the killing was justified by the
appellate court as bearing on the ques-
ton OF probable cause for the officers
making an arrest without warrant.
The Busch case" as the trial OF the
convicted trio was termed during its
seven weeks duration, was one of the
most celebrated capital cases" ever
conducted in the District Supreme
Court. and the findings Of the jury
marked the first time the prosecution
here ever got a flrst-degree murder ver-
dict for three persons when only one
life was involved.
Four persons were brought to trial
for the murder OF Policeman Busch
but the fourth defendant, John F. Nc
Cabe. was acquitted by the Jury. In
the closing days Of the trial 1t be-
came evident through testimony pre-
sented that McCabe was the innocent
victim of circumstances" brought about
by his drunken condition on the night
of September IS. 1926, when he met
up with Eagles. Moreno and Proctor
for the first time.
Tells of Vision.
The last ray of doubt that shone
on McCabe was extinguished by
Eagles. who from the beginning had
characterized the World War veteran
as 'our chief" and the brains of the
gang" Eagles, from the witness stand.
and the day after he had reiterated
that McCabe fred point blank at Po-
liceman Busch. told of seeing his moth
er In a vision the night before. In
which she rebuked him for lying" He
then and there exonerated McChbe
from any participation In the shooting
or the highway robberles a few hours
prior thereto.
The Government. through then As
sistant United Safes Attorney George
ID. Horning, jr., showed that Eagles.
Moreno and Proctor had participated
In series of hold-ups and claimed that
1t was to resist arrcsI Tor these offenses
that they conspired TO shoot our way
out" when apprehended about 4 O'Clock
on the morning OF September 20 ut
Georgia avenue and Upshur street by
Policemen Busch and Ach.
The convicted trio, accompanied by
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