Evening star., 1945-01-30

Photographer, Cob
Driver Testify
In Murder Cuse
Two men whom the prosecution
contends saw Earl Mcfarland on the
night he is accused of numbering
l8-year-old Dorothy M. Berrum tes-
tlf1ed in District Court today that
they could not identify the defend
ant positively as the man they had
seen that night.
One of the witnesses, Mac Simon.
photographer at 431 Ninth street
NV, was shown two pictures the
prosecution says were taken in the
evening of October 5. After he
looked at one of the pictures he was
asked by Defense Counsel P. Bate
man Ennis to look around the court
room and see if he could pick out
one Of the men in the picture.
Mr.. Simon stood up and stared.
his eyes rowing slowly around the
courtroom, fixing for a moment on
the defendant and then passing on.
He said he could not see the man
in the courtroom.
Would Withdraw Photos.
Before he was asked to make the
Identification the photographer was
asked to pick out the man he re-
ferred to "as the sergeant"-the
fourth man in the marine group
whom the prosecution said had the
picture taken that night.
Didn't you hear the man you
called sergeant referred to as Corpl.
Westberry?" asked Mr.. Ennis.
The photographer said he didn't
know.
Corpl. James L. Westberry and
Mcfarland had their pictures taken
together, according to the exhibits.
The man referred to as sergeant"
by earlier witnesses had his picture
taken with Pfc. Warren Grant
Craven.
Mr.. Ennis Immediately asked that
the photographs be withdrawn as
exhibits on the ground that the
photographer could not identify
Mcfarland.
Cab Driver Uncertain
The alleged visit of the four ma
rines to the photographer shop
has been emphasized in previous
Government testimony because the
prosecution wishes to prove McFar-
land was wearing his regulation belt.
A belt, according to earlier testi-
mony, was found at the scene of the
murder.
Larry Roehner, cab driver, who
testified that he refused to pick up
marine and a girl in front of
Jimmy's Restaurant at 9:05 pm. on
October also said he could not
identify Mcfarland positively as the
marine. He identified Miss Berrum
as the girl who was trying to get a
cab with a marine companion.
Yesterday prosecution question:
ing centered on the marine belt
found near Miss Berrum's body
and the switch-blade knife which
Pvt. John Holzberger testified yes
terday he lent last summer to Nc
Farland. william Ward, a Capital
Parks employe, told the jury yester-
day that he picked up belt on the
roadway about so feet from the
body. The knife, which was found
in the cab of Harold w. Thomas,
also was linked to Mcfarland during
yesterdays testimony by Pvt Craven,
who said he noticed Mcfarland with
a switch-bla knife in his hand
before Pfc. Craven, Mcfarland and
Corpl. Westberry left Marine Bar
racks together on the night Of
October 5.
Companions Testify.
Both Pfc. Craven and Corpl West
berry, who reviewed their part Of
the evening with Mcfarland, insisted
that Mcfarland was wearing his
belt as long as they were with him.
Pvt. Holzberger testified that when
he asked Mcfarland to return his
knife Mcfarland said he didn't
have it because "he had gotten into
some trouble with it and it was
taken away from him." During po-
lice investigation of the case it was
charged that the knife had been
conflscated after Mcfarland had
threatened a naval officer with it.
Marine officials told police the knife
subsequently had been returned to
Mcfarland.
When Mr. Ennis sought to bring
out that the three marines were
drinking heavily on October 5, when
they came into town to celebrate pay
day, Pfc. Craven responded that Nc
Farland could still get around un-
der his own power" despite a num-
ber of beers and the defendants
share in fifth of whiskey."
Deny Division Animosity.
Mr.. Ennis also attempted to elicit
an admission of "a lot of animosity"
between the 1st Marine Division,
with which Mcfarland fought on
Guadalcanal, and the 3rd Marine
Division, with which Marines
Craven and Westberry fought in the
South Pacific. Both marines in
sisted, however, that there was mot
too much" feeling between mem
bers of the two divisions stationed
at Marine Barracks. They also de-
MED they Stunned" Mcfarland,
who they said had asked to accom-
pany them on their jaunt into the
center of town.
During the session which ended
after $50 pm. the prosecution also
traced Miss Berrum's activities on
the evening she met her death. Miss
Elinor Courtright, a fellow Penta-
gon worker now employed in Scran-
ton, Pa. said she had made date
to meet Miss Berrum that night.
but had felt too i'll to keep it, and
Miss Mary C. Ottinger, a former
War Department worker, testified
she had seen Miss Berrum in a shoe
store between 8 and $3.50 pm.
Two Baltimore Men, Held
l. I..l: n 81