Evening star., 1945-01-29
Evidence Traps
Mcfarland, Jury
Told dbyCurran
II Men and Womon
Chosen in Marines
Trial for Murder

United States Attorney Edward
M. Curran today told jury O
IL men and l woman that a switch
blade knife and marine belt woule
conclusively pin the murder of 18
year-old Dorothy M. Berrum OF
Pfc. Earl Mcfarland, Guadalcana
veteran on trial for his. life il
District Court.
In his opening statement as tn,
murder trial began before Justic,
James M. Proctor, Mr.. Curran sais
the evidence would prove that M
one but Mcfarland could hav,
criminally assaulted and killed tn,
War Department clerk who met he
death in East Potomac Park &c.
tober 5.
Mr.. Curran promised to product
witnesses to show that Miss Berrun
and Mcfarland met on a downtown
street corner, that they were in 6
cab together, that Mcfarland left g
borrowed knife in the cab, and thai
the belt found near the body wa.
his. A Marine Corps physician, sale
Mr.. Curran, would testify that blooc
was found on Mcfarland when he
was examined after the crime.
Motion of Mistrial Denied.
AS Mr.. Curran completed his op-
ening statement, Defense Counse.
P. Bateman Ennis Immediately de-
manded a mistrial on the ground
that Mr.. Curran had mentioned
robbery as a motive for the murder
Mr.. Ennis said that robbery did not
figure in the case and that mention
of it "can only tend to influence
and prejudice the jury" Justice
Proctor denied the motion.
Just before adjourning the court
for lunch, Justice Proctor told the
jury it would have to be confined
during the trial. He admitted that
in some recent cases, juries have not
been locked up, but he said that in a
case that has attracted SO much at
tention, the court had to keep the
jury together.
The jury had been completed
shortly before noon.
The panel of rs prospective jurors
was questioned on its attitude to-
ward pickups, drinking and over
seas service
Mcfarland walked into the
packed courtroom at few minutes
after 10 am. to see three rows of
fellow marines who are to appear as
witnesses.
Mcfarland smiled at his other
counsel, George A. Cassidy, jr.,
whispered good morning" and said
he was "okay" when Mr.. Cassidy
asked how he felt. The defendant
was wearing his marine uniform
with Guadalcanal emblem.
Shown to Jury Panel.
Once he turned slightly in his
chair for f1eeting smile at one
OF the marines behind him but for
the most part he stared impassively
at the justice.
He looked uncomfortable only
once-when the court asked him
to rise and let the jury panel see
him. Mcfarland turned slowly,
pushed little by Mr.. Ennis.
McFarland's young wife was not
In the courtroom this morning
Mrs. Doris Mcfarland has been ill
in New Bern, N. c., since the birth
of baby which lived only week.
In the first As minutes spent on
selecting jury, three veniremen
were eliminated. On of them, w.
w. Sine, told the court he had a
brother in the fifth police precinct.
Two others, L. T. Shook and Miss
Gladys Caddle, told the court they
already had formed an opinion. In
asking the panel about opinions
Justice Proctor said he assumed that
all of them had heard or read about
the case.
To Blame War Illness.
Prosecuting the case for the Gov
eminent are United States ATTORNEY
Curran and Assistant United States
Attorney John w. Fihelly.
Attorneys Ennis and Cassidy indi.
Gated before the trial opened that
they would lean heavily on the
testimony of psychiatrists that Nc
Farland was subject to severe men
tai attacks brought on by malaria
DR.. Thomas Vernon Moore OF
Catholic University examined the
marine while he was in Jail await
ing trial. Mr.. Cassidy said his ex-
animation showed a definite possi-
bility of "malarial psychosis."
The defense, Mr.. Cassidy said, also
will bring from New York an Gin
ternationally known psychiatrist
who has made study of malarial
psychosis." Mr.. Cassidy said Nc
Farland had had recurrent and
severe attacks of malaria and had
been administered quinine while in
jail.