Evening star., 1945-02-02
Counsel Seeks
New Trial for
Will Gerry Fight to
High Court to Sove
Marine From Choir

Farland, who was convicted late
yesterday in District Court of the
murder of 18-year-old Dorothy M.
Berrum, last October 5. prepared
today to seek a new trial in an
effort to save the 24-year-old
tGuadalcanal veteran from the
electric chair.
P. Bateman Ennis of defense
counsel, announcing he would file
a motion for a new trial, declared
today he would go ahead with the
case IF have to go to the Supreme
Court and ultimately seek execu-
tive clemency' He contended that
'prejudicial errors" committed dur
ing the four day trial would lay the
groundwork for plea for new
trial.
The jury of II men and house
wife reached verdict of murder
while committing criminal assault
which carries mandatory death
penalty-at pm, yesterday after
celebrating an hour and Is minutes.
Oulity on Two Counts.
After announcing the jury found
the defendant guilty on the first
count in the three count indict-
ment - murder in the commission
of criminal assault-Jury Foreman
Paul N. Cherry explained that per-
haps the jury did not understand
Justice James M. Proctor's instruc-
tions. 1t had not acted on the two
other counts.
Justice Proctor sent the jury back,
and a few minutes later the jurors
returned and announced they had
found the defendant guilty of GRIM
inal assault, third count IN the in
dictment.
Justice Proctor then dispensed
with the second count-a straight
murder charge-with directed
verdict of not guilty.
Mcfarland Smiles.
The slim veteran heard the jury's
verdict without a change of express
sion. Standing with hands cupped
behind his back and feet spread
apart in the military "at ease" posi-
ton, Mcfarland appeared unaf-
fected AS he walked out of the
courtroom. when the jury was sent
back to consider the. third count,
he smiled He was still smiling
when he returned to hear the jurys
verdict on the third count.
Mr.. Ennis demanded a poll OF
the jury and heard each of them
respond guilty on the first and
third counts as indicted" The
one woman on the jury, Mrs. Mil
dred Murphy Gage, announced her
decision in low voice, then bit her
lips and lowered her eyes.
The Jury began celebrating at
3:45 pm. after an hour-long charge
| by Justice Proctor. He, urged the
Jury members to decide fairly, with
out sympathy or prejudice. and out
lined the range of verdicts they
could reach
Explains Insanity Charge.
To find Mcfarland not guilty by
reason of insanity, Justice Proctor
said. the jury would have to de-
eide that the crimes cosld be traced
back to a deranged mind which de-
prived him of the power of will.
If the jury found that Mcfarland
had decided to protect himself by
stilling the lips of Dorothy NJ. Ber-
rum by death" after criminally as
saulting her, and that he gave it
a second thought and acted, Jus
tice Proctor said, he would be guilty
Of first-degree murder.
! United States Attorney Edward
NJ. Curran, who prosecuted the case
with Assistant United States At
torney John w Fihelly. demanded
verdicts of murder in the first de-
gree and criminal assault with the
death penalty in his closing argu-
ment to the jury.
Calls Evidence Conclusive.
Rduting Mr. Ennis contention
that a reasonable doubt remained
of McFarland's guilt, Mr.. Curran
declared the evidence was conclu-
sive that Mcfarland wore the regu-
latlon marine belt found near Miss
Berrums body in East Potomac
Park and that Mcfarland left the
knife in a cab from which Miss
Berrum and a marine companion
alighted near the death scene.
Mr. Ennis, in his closing argu-
ment. had questioned the validity
Of some of the testimony given by
two marines, key witnesses for the
Government. In response, Mr.. Cur
ran declared:
is it logical to believe these ma
rines, knowing fellow marine was
in trouble would deliberately try
to put him in worse trouble? It's
not logical and it's not true. AS
tough as it was, they told the truth
when they testified"