Evening star., 1928-06-07
STAY IS GRANTED
TRIO CONDEMNED
IN BUSCH Staying
Justice Bailey Postpones Exc
Cution to Permit Appeal
to President.
ELECTROCUTION DATE
ADVANCED TO JUNE 22
Prisoners, in Court Today, Show No
Emotion as Announcement
Is Made.

Nicholas Lee Eagle, Samuel Moreno
and John c. Proctor today were granted
postponement of execution until Fri
day, June %, to afford an opportunity
for President Coolidge to consider ap-
plications for executive clemency, pre-
sented to the Department of Justice yes
terday by counsel for the three men.
The postponement was made by Justice
jennings Bailey at the opening of court.
The three prisoners, who are under
sentence Of death for the killing of
Policeman Leo W. K Busch September
26, 1925, were brought into court and
stood behind their counsel as the matter
was presented to Justice Bailey. They
showed no emotion when the stay was
announced.
Plea to President.
Miss May Thorpe Bigelow, counsel for
Proctor, told the court that the petition
had been filed and expressed doubt If
the matter could reach the attention OF
President Coolidge during the day. As
the execution had been scheduled for
tomorrow, she requested a postpone
ment Attorney Louis Tannenbaum,
for Eagles, and Clifford Grant, for
Moreno, made similar applications.
Justice Bailey made no other COM
ment than to announce that he would
defer the execution until June %.
The stay of two weeks was made nee
essary because the prisoners will have
TO be served with a new death warrant,
setting the time of their electrocution
for June %, and under the law must
have such death warrant read to them
at least 10 days before the execution.
Assistant United States Attorney
James j. O'Leary concurred in the mo-
ton to defer the execution, but sug-
gested that an early date be named.
Say Proctor Had Gun.
Reports that Proctor's attorneys were
in possession of af1idavits stating that
certain persons had overheard Eagles
and Moreno say that Proctor was in
nocent, and had no gun on the night
of the shooting, were branded today by
Eagles and Moreno as "lieS."
why should say that man who
is more guilty than / am is innocent
why should stay here and suffer
while he goes free?" Eagles asked. Both
he and Moreno stoutly maintain that
Proctor had gun and fired during
=
and Moreno declared that efforts had
been made to persuade them to say that
Proctor was innocent and had no gun.
"We let John Falls McCabe go free"
declared Eagles, land we would do the
same with Proctor if he were innocent" I"
Eagles referred to the fact that both
he and Moreno testified that McCabe
had no gun and did not shoot, which
testimony was given after McCabe had
been indicted for first degree murder
and had been held at the District jail
for seven months.
Bitter Toward Proctor.
The two condemned men were bitter
in references to Proctor and his state
ment that he had no gun on the night
of the shooting. Both men feel that
the gun they claim Proctor used can be
located to this day. There never was
any doubt in their minds that he had
a revolver and participated in the
shooting, they declared.
Proctor would not talk with news
paper men, explaining politely he had
been advised by his attorney not to
discuss his case. He was in consulta-
ton with his mother when asked if he
was correctly quoted on the matter of
his possession of a gun.
did you have gun on that night?"
he was asked.
"I absolutely did not" lie declared as
he walked back to his mother.
Two Appear Cheered.
Eagles and Moreno appeared cheered
over the stay granted them today.
They both said their lawyers are work.
ing hard TO prevail upon the President
to commute the sentence and they will
hold out until the very end and they
believe that they will be granted Glenn
ency. Moreno, stoutly maintaining his
innocence in connection with the ac-
tual killing of Busch, emphasized that
he fired at Buschs companion, Police
man Frank L. Ach, and declares he re-
members the circumstances as plainly
as though they occurred yesterday.
Eagles declares that Proctor is more
guilty than 1" and for that reason he
cannot falsely sign an affidavit, he de-
clared.
1--WE want square deal on this mat
ter" declared Eagles. Everybody is
giving sympathy to Proctor. Poor
Moreno here is dumb, he's just igno-
They say that Proctor is the youngest.
He is .-ot. Sammy is just 21.''
Here Moreno interrupted to explain
that when he first met Proctor he was
told the latter was IS years old.
Moreno said he has been reading the
Bible regularly and he has a feeling of
''brotherly love" toward every one, but
at the same time he must resist in
situations that he is holding an in
nocent man In Jail, he declares.