Evening star., 1944-06-30
Fisher Waits Court S
Formal Sentence
Ito Electric Chair
Cathedral Librorion's
Slayer Is Found Guilty
By Jury in 40 Minutes
BY JOSEPH YOUNG.

SsuyeI - TOuuo 0uuV
By Jury in 40 Minutes
BY JOSEPH YOUNG.
Convicted Of nrst-degree murder,
Julius Fisher, 3l-year-old colored
janitor, today awaited formal ses-
fencing Of death in the electric
chair for the Cathedral library
of Miss Catherine Reardon
last March /.
A District Court jury late yester-
day afternoon deuberated only 10
minutes before finding the defend
ant guilty. The death penalty is
mandatory in nrst-degree murder
conviction,
Fisher received the verdict appar.
emily without emotion, staring va
cantly at the jury Of eight middle
aged housewives and four men
grouped around him to announce
their yesS1ict. His face never
changed from the blank expres-
sion which has characterized his
demeanor throughout the trial.
"Convicted" Twice.
Actually, Fisher heard himself
convicted twice, due to an unusual
occurrence which arose when the
verdict was announced. In his In
structions to the jury, Justice
James NJ. Proctor told them that
should they Ssslnd the defendant
guilty as charged in the indict.
ment, they could only convict him
on one Of the two counts. The first
count charged death by choking
and strangulstion, while the other
charged Miss Reardon met her
death by being hludgeoned over the
head with piece Of logwood.
Apparently Observation-Disclosures the
instruction, the jury went ahead
and convicted the defendant on
both counts. When the jury fore
man, James II. Mcintyre, announced
the verdict, Justice Proctor called
opposing counse! to the bench.
After = brief conference Justice
Proctor told the jury: PERHAPS I
didn't make myself clear. It u evi-
dent that the deceased couldn't
have been killed twice. must ask
you to return to the jury room
once more and reach one verdict
or another. ,M
Asks Jurors Be Pellsd.
While Fisher rat slurnped In his
chair, the jury deliberated for an
other Is minutes. When they re.
turned to the near-empty court
room, they announced they found
Fisher guilty of strangling and
choking the 37-year-old assistant
Cathedral librarian to death.
At this point Defense Counsel
Charles H. Houston asked that the
jurors be polled. The voices OF sew
eral Of the women jurors trembled
With emotion as they announced
|tl1eir y6Sdtct: Guilty Of first-degree
murder r. charged in the first count
OF the in(1ctment."
Mr.. Houston promptly informed
the court that he would file Q uao-
tion for = new triaI. II was not In
dicated when the death. sentence
would Be pronounced.
CIesing Arguments.
The Government ia its cIoeins
arguments to the jury scoffed 1T the
|defense's contention that the crime
|NAs one Of impulse and not pre-
|meditated. Assistant United States
Attorney Charles B. Murray said
Fisher's actions before and after
the crime indicated he knew what
he was doing"
Ills was an intelligent murder
the prosecutor asserted. Fisher
went about cleaning up the blood
In the basement stockroom so that
the crime might never be dis
covered"
Detailing the wounds suffered by
the victim, Mr.. Murray told the
jury that Fisher inflicted injuries
on that woman the like Of which
you are not likely to hear Of again
as long as you live. He choked and
strangled her, dashed in her skull
with piece OF firewood and then
put q knife In her throat to make
sure she was dead"
Winding up for the Government,
United States Attorney Edward M.
Curran told the jury: IF ever there
was a case of flrst-degree murder
in the District, this is it."
Fishers Counsel Replies.
Replying to Government argu-
ments, Mr.. Houston said Fisher was
caught in vice of fear and acted
on an uncomfortable impulse" He
strenuously denied the crime was
premeditated.
Il am not arguing that he should
be turned loose. don't want to see
him walking on the street. But I
do say that the Government has
failed to prove that it was first de-
gree murder" Mr.. Houston declared.
There was no motive for the
crime" he continued. There was no
robbery, no sex involved. He had
nothing to gain. This Is no Mergner
case where man wanted a woman
to come back to him. It's just q
case Of . man losing his head"
Fred G. Mergner was convicted
of first-degree murder by District
Court jury last week in the street.
corner Staying of Mrs. Charlotte
Robinson. He will be sentenced to-
day..
During the four-day trial Fisher
took the stand and in a calm, mat
ter-of-fact tone told the jury how
he killed Miss Reardon in an argu-
ment which started when she COM
planned about his failure to dust the
floor under her desk properly. He
denied that he had intended to kill
her, asserting that he "only wanted
to stop her screams which were
ringing In my ears"