Evening star. [volume] (Washington, D.C.) 1854-1972, 1944-10-10

: feoer0t Prosecutor
Asks Five Indictment
Against Mcfarland
The fate of Pfc, Earl McFarlan<
21-year-old marine charged with tn
, murder Of Dorothy Berrum, tin
Government clerk, was before tn
grand jury today as Assistan
United States Attorney John "
Fihelly asked for Ave indictment!
four of which are capital offenses
On the evidence gathered so ia
BY police, Mr.. FINELY said toda,
Mcfarland might be indicted on tn
following counts, the first four G
which are capital crimes:
Deliberate and premeditated muir
der, murder committed in the per
petration OF felony, viz, crimins
assault; criminal assault; murde
committed in the preparation of
felony, viz, robbery (Miss Berrum'
pocketbook, which she was known t
have been carrying, was not foun,
at the scene of the crime), and rob
berry.
Indictments Expected Monday.
Evidence OF all five offenses wa.
presented to the grand jurors today
Mr.. FINELY said, and return o
indictments is expected Monday.
The grand jurors concluded thei
deliberations at 1890 pm. today
Ten witnesses who testified at tn,
coroner's inquest yesterday also ap
peared at the grand jury session
today.
Among the key witnesses wer,
Inspector Robert j. Barrett, chic
OF detectives: Sergt Robert v. Muir,
ray Of the homicide squad; Harr,
Thomas. cab driver who drove Mis-
Berrum and her companion to tn,
murder scene, and Larry Roehner
the cab driver who refused to hau
Miss Berrum and her marine com
parlion on the fatal night "becaus,
the marine had been drinking"
That the prosecution was making
every effort to bring the case to ar
early trial was apparent.
A spokesman for the United States
attorneys office, however, expressed
fear that the participation of P
Bateman Ennis in the case as coun-
sci for the accused may possibly de-
lay the trial. He is currently acting
as attorney for Gerhard w. Kunze
former head of the German Ameri-
can Bund one of the many defend
ants in the sedition trial now bein ,
heard in District Court. The sedi-
ton action is expected to continue
for some time.
Mr.. Ennis participation in the
murder case as counsel for McFar-
land is shrouded in mystery. He
refused today to reveal who had en-
gagged him and stated that definite
plans for his part in the defense OF
the marine were not yet settled.
Will Study Case Further.
II have to probe further and see
what arrangements are to be made,
Mr.. Ennis graphically asserted.
He pointed out. however, that
there was available an alternate
attorney to replace him In the sedi-
ton trial. He is Arthur F. Carroll
jr.. q lawyer with Offices in the
Hibbs Building, Mr.. Ennis said
The marines counsel would not say
definitely whether he would cal
upon Mr.. Carroll to take over the
sedition trial assignment, however
Another new angle, SO far unmen,
toned in the Mcfarland case, i
that there will be an investigation t,
see whether charges of defraudinl
the Government will be place.
against Mcfarland.
This angle came to light when il
was found that Mcfarland had rep.
resented himself as the father Of
two children to Marine Corps SUI
periors and that fact was entered or
his service record.
Under the Dependency Benefit
Act, this would entitle Mcfarland
to a contribution by the Govern
ment of $50 month for the first
child and $40 month for the Sec
ond child, in addition to $50 month
for the wife. Of the total of 500 q
month. Mcfarland would contribute
only $40 of his $54 a month pay as
private. first class.
Wife's Allotment Legitimate.
Marine officials pointed out thai
the allotment to the wife was legit.
innate, but that the money paid fol
the support Of the non existent chill.
dren-$50 a month-was a cleal
case Of fraud. If it had been paid.
Because details of the allotment.
paid McFarland's wife are consid.
cred evidence which may be used II
the trial, Marine officials would MOI
say definitely that. the money hae
been paid, but, under administrative,
practice of the Navy Department
payment of such monies are usually
automatic.
A criminal record against McFar
land, going back 10 years, was pro
vided by the Federal Bureau of In
vestigation and released by Distric
police. This record of previous ar
rests, for larceny, burglary, automo
bile theft and desertion from tn
Army, indicated the Marine may, b.
older than the age of 81 which h,
gave the police.
Mcfarland sat impassive at a cor
oner's inquest yesterday as he hear,
several Of his marine buddies linl
him with the strangulation murde,
OF the girl in East Potomac Park
Not far away, following the pro.
ceedines closely, sat the murdel
victims father, Ray S. Berrum, whit
had told reporters he approved O
his daughter coming to Washington
last June because it would give hel
experience"
A dozen witnesses told theil
stories at the coroner's inquest
Among them was Corpl. James L
Westberry, who said he left tn,
Marine Barracks at Twenty thirs
street and Constitution avenu,
NV. last Thursday evening will
Mcfarland and another marine
Pfc. Warren P. Craven.
Tells Of SeAins Girl