Evening star., 1944-06-30
Fisher Awaits
Sentencing 10
Electric Chair
Cathedral SIoyer
Found Guilty in 40
Minutes BY Jury
BY JOSEPH YOUNG.

BY JOSEPH YOUNG.
Convicted Of st-degree murder.
Julius Fisher, 3l-year-old colored
|anitor, today awaited formal sen-
sencing to death In the electric
chair for the Cathedral library
,laying Of Miss Catherine Reardon
last March /.
A District Court Jury late yester-
day afternoon deliberated only 10
minutes before finding the defend
ant guilty. The death penalty is
mandatory in first-degree murder
conviction.
Fisher received the verdict appar.
emily without emotion, staring va.
cantly at the jury Of eight middle.
aged housewives allc four men
grouped around him to announce
their verdict. 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 M. Proctor told them that
should they find 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 strangulation, while the other
charged Miss Reardon met her
death by being bludgeoned over the
head with piece Of logwcod.
Apparently Observation-Disclosures the
instruction, the jury went ahead
and convicted the defendant on
both counts. When tho Jury fore
man, James n. Mcintyre, announced
the verdict, Justice Proctor called
oppokhg counsel to the bench.
After . brief conference Justice
Proctor told the jury: Perhaps I
didn't make myself clear, It Is evi-
dent that the. deceased couldn't
have been killed twice. I must ask
YOU to return 70 the jury room
once more and reach one verdict
or another"
Asks Jurors De Polled.
While Fisher sat slumped 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.
4 At this point Defense Counsel
Charles - Houston asked that the
jurors b. pplled. The voices Of sew
eral Of the women jurors trembled
with emotion rs they announced
their verdict: Guilty Of first-degree
murder as charged IN the first count
|of the Indictment
Mr.. Houston promptly informed
the court that he would file . mo-
tf0n for = new trial. Tt was NOT fn-
dicated when the death sentence
would be pronounced. e
Cloeing Arguments.
The Government in its closing
arguments to the jury scoffed 1t the
defenses contention that the crime
was one OF impulse and not pre-~
medftated. Assistant United States
Attorney Charles B. Murray said
Fishers actions before and after
the crime indicated he knew what
he was doing"
"His 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 a piece Of firewood and then
put a 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 case of first-degree murder
in the District, this is it."
Replying to Government argu-
ments, Mr.. Houston said Fisher was
caught in wise 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. I don't want to see
him walking on the street. But
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 a man wanted . woman
to come back to him. It's Just q
case Of a man losing his head"
Erred G. Mergner was convicted
of first-degree murder by q District
Court jury last week in the street.
corner Staying of Mrs. Charlotte
Robinson.
, 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