Evening star., 1945-05-29
Fihe||y Outlines Case
On Which U. 5. Seeks
Death for Medley
BY GEORGE KENNEDY.

Il ny OGOktOG AENNEDx.
United States Attorney John
w. Fihelly outlined to a District
jury of three women and nine
men today the evidence on which
the Government will ask that
Joseph D. Medley be convicted
OF f1rst-degree murder and SEN
fenced to the electric chair for
the death of Mrs. Nancy Boyer.
Medley, who wore slate gray suit
for the second day of his trial, lis
tened intentiy to Mr.. Fihelly's open
ing statement.
Mr.. Fihelly said the Government
would present testimony that the
defendant had been in Washington
in January, stayed at the Washing
ton Hotel and purchased a .38-cali-
ber 1ver-Johnson revolver in a shop
in King street, Alexandria.
Registered IS Al A. Fisher.
I'VE will show" said Mr.. Fihelly,
that he returned to Washington on
the 22d of February and registered
at the Annapolis Hotel as al A.
Fisher He checked out at 9:49
am, March g."
Mr.. Ffhelly then outlined the Gov
ernment's reconstruction of events
in the interim.
He said the defendant had pro-
vided a light for woman at a
table in ODonnell's restaurant on
the night of February % and struck
up conversation.
She was Mrs. Bernice M. Mcclure
1881 Vermont avenue NV, Mr..
Fihelly said.
The defendant said, according to
Mr.. Fihelly's account, that he did
lot of travelling, liked home cooking
and liked to play cards. Mrs. Nc
clure said, Mr.. Fihelly continued,
her mother liked to play cards and
probably would enjoy cooking a
meal for him.
Called on Mother.
The defendant called on the
mother, Mrs. Phyllis B. Morgan. Mr..
Fihelly said, and was told there
would be game on the following
Friday night. March 2,
Medley went to the game at the
rooms of Mrs. Dorothy Mickey
Magee at 1016 Tenth street NV.
He met the deceased that night"
Mr.. Fihelly said. Two games were
going on in two apartments at the
Tenth street address. according to-
Mr.. Fihelly.
"The men were playing one game,
the women in another" Mr.. Filhelly
said. Later the two parties joined.
Mrs. Boyer sat next to the de-
fendant.
known to them as Larry Fisher,
ne said he was a major in the last
war. She liked him, and as Mrs.
Morgan had departed earlier he took
her home"
Tells of Card Party.
Then Mr.. Fihelly told about the
card party at Mrs. Boyer's home on
the night of March S. He named
some Of the persons who attended.
They all have been listed as wit
nesses.
There was Dorothy Magee," he
said. "She served food and soft
drinks at these parties-any kind of
a drink you wanted. Second to-
arrive was Roam Boche," Mr.. Fihelly
said.
Then Mary Grif1th, Gladys
Nash, Mrs. James g. Milton and
Ann Ellington.
There were nine at the party,
Mickey Magee. The de-
ceased did not play. At the parties
the hostess would cut in to defray
the expenses of the food and re-
So that night Mrs.
Boyer dealt and cut, but did not
play
Mr.. Fihelly's account Of the game
did not bear out reports that the
play was heavy. During the course
OF the evening, he said, "the defend
ant went broke" He told how Med
ley spoke of going back to his hotel,
but that he feared it was too late
to cash a check. Mrs. Boyer offered
to cash one for him, he said. Med
ley, said the prosecutor, was unable
to produce check book, but dis
played bank book. Finally, the
prosecutor said, it was decided that
he would use one of Mrs. Boyer's
checks on the Riggs Bank, changing
the name of the bank.
"Wlll SO do?" Mr.. Fihelly quoted
the deceased as asking. Medley re-
piled, Mr.. Fihelly said, that
wouldn't last any time and per-
suaded her to allow him to make
the check for $25. He wrote in on
the check, 'Bowery Bank. New
York."
Mr.. Fihelly said Mrs. Magee would
testify that the deceased took $500
from her pocketbook and put it in
a dresser drawer. The money was
not found, Mr.. Fihelly said, and the
$500 is the money alleged in the |
robbery part of the indictment.
Speaks of Ring.
The prosecutor spoke of Mrs.
Boyer's emerald and diamond ring
for which she had paid $3.50 and a
fur Jacket she valued at $500.
THE game broke up at S or $780,"
Mr.. Fihelly said. "Mr. and Mrs.