Evening star., 1930-12-17
CARMEL DENIES !
Staying Of BUSH
Mahoney TeStifieS to Same
Purport-CaSe Goes to
Jury Tomorrow.

A blanket denial that he had slain
Louis Bush, bus line operator, october
6 last, or attempted to tnjure him, wus
made by William ]. Carnell at his trial
In District Supreme Court today on .
charge Of numbering Bush. .,
Carnell was preceded to the witness
stand by his co-defendant, Frank Ma
honey. Both defendants insisted they
had taken precautions to avoid injuring
Bush In an attempted robbery. They
declared the only object had been to
obtain all the money possible.
Although both the defense and the
Government had rested their cases early
this afternoon, 1t was not expected the
case would go to the jury before to-
morrow. Attorneys were undecided how
long their arguments to the jury would
last.
Gives Version Of Shooting.
Carnell declared he confronted Bush
IN the bus magnate'S garage at 1884
Fulton street and demanded his money.
He said Bush advanced on him and a
scufiie ensued. He testified he was
holding the barrel of the pistol and
Bush had his hand wrapped around the
butt when the weapon was discharged,
inflicting the fatal wound.
Mahoney was placed on the witness
stand soon after the Government had
rested its case against the Joint de-.
fendants. This defense maneuver was
employed after Justice Peyton Gordon
had overruled motion by counsel for
Carnell and Mahoney that the Jury be
directed that the defendants could not
be found guilty Of the first-degree MUIR
der charge
Mahoney began his testimony ty ex-
planning his wife had left him eeptem-
Der 16. He declared he began to drink
with great regularity as q result OF his
domestic troubles, coupled with the
fact that he was unemployed.
Remembered Bush's Ring.
The defendant told the jury he was
riding around with Carnell looking for
some one Ito stick up" when he noticed
Bush leave the Plaza Hotel He said
he told his companion Bush made It a
custom to wear a diamond ring and
should be worthwhile prey.
Mahoney explained he and CARMEL
followed Bush part Of the way to his
home, at 1894 Fulton street. Before
arriving there. he said. they passed Bush
in order to surprise him when he arrived
at his garage, in rear of his home. He
testified plans were made for Carnell to
perform the actual hold-up and for
Mahoney to wait nearby in their auto
mobile.
Before he got out of the car"
Mahoney testified Il said, CARMEL,
said, I won't. never shot anybody In
my lifs.'"
Mahoney denied he had stayed near
the scene to carry out his part OF the
plot.
Says He Drove Home.
He declared he drove direct 10 his
home without waiting for CARMEL.
Way did you buy bullets for the
pistol If you didn't want to harm any
one?" william H. Collins an assistant
United States attorney, demanded of
Mahoney on cross-examine ton.
Il don't know" the with SIS responded.
The motion for a directed verdict
OF not guilty in SO far as the first de-
gree murder charge Is concerned was
originally offered by Louis L. White.
stone, counsel for CARMEL. Counsel for
Mahoney later joined in the motion.
Whitestone contended the Government
had failed to show Bush had been shot
purposely. He called attention to de-
cisions of the Court of Appeals in
which law was laid down that in first
degree murder cases it must be shown
that the fatal wound was inflicted pur-
posely. III
Testify About Drlnking.
Mrs. L. A Harper Of % Bates street,
with whom Mahoney made his home
testified he had showed signs of in
toxieation almost daily from the time
his wife deserted him until the date
OF the staying Similar testimony was
given by John Mahoney of the same
address, an uncle of the defendant.
o. T. Smith, a shorthand reporter,
called rs a witness by the defense, de-
clared his notes showed Lillian Luchs,
member Of the Bush household, had
testified at a coroner's inquest into the
death OF Bush that she heard him say:
Il am shot,"
Attorneys explained they had called
Smith in an effort to refute the testi.
mony yesterday by the same witness
that she had heard Bush say: "Lil, he
shot me here"
Leroy Gaylor, manager of Bushs bus
line, the last witness for the Govern
ment, declared Mahoney formerly had
been employed as q sightseeing bus
driver and was aware that Bush wore
diamond ring.
William L. Bush, son Of the man
slain, testified late yesterday that Ma
honey had visited him two days after
his father died to express his sorrow.
He added Mahoney also had sought EN-
ployment with the bus line company
since the murder.
-