Evening star., 1946-04-13
Waiver Signed,
Mcfarland Will
Return Monday
Slayer Assents to
Leaving Knoxville
At Brief HEARING

Abandoning plans for an In
sanity plea, Earl Mcfarland to-
day waived a removal hearing in
Knoxville, Tenn, and will be
returned to the District Jail
Monday to await death in the
electric chair for the murder of
18-year -old Dorothy Berrum.
The 25-year-old former Marine
whose escape from the District Jail
April 3 precipitated a Nationwide
manhunt ending with his capture
in Knoxville Thursday, appeared in
the Office of United States Com
missioner H. M. Barnett securely
manacled with leg irons and hand
cuffs.
Three deputies from the United
States marshal'S Office stood guard
over him.
Gives Keepers No Trouble.
But the youth who had expressed
a wish to return to the Washing
ton Jail from which he and Joseph
D. Medley, another condemned mur-
derer, escaped with startling ease,
did not appear inclined to give his
keepers any trouble.
Only once during the Commute
proceedings did he speak and then
to tell Mr.. Barnett he would offer
no resistance to leaving Knoxville.
During the brief appearance in
the marshal's Office, Mcfarland
signed the waiver papers, which
were certified by Commissioner Bar
nett to Federal Judge George Taylor.
1t was learned Mcfarland will be
returned by railroad and probably
will arrive at 6:45 am. Monday.
Wants to Keep Belt.
United States Marshal Henry r.
Bell said Mcfarland was not par
ticularly talkative today, nor was
he moody or sullen.
He said he was ready to come
back" the marshal said.
And he also said," the marshal
added with chuckle, that he
wanted to wear that guards belt
back to the prison."
Mcfarland was referring to a belt
he took from one of two policemen
guarding the death cells at the Dis
trict Jail, whose uniforms he and
Medley confiscated when they fed
the institution. The belt was all
Mcfarland kept as a souvenir" OF
the break
Sanity Plea Move Abandoned.
For an hour before the hearing
at II am, Mcfarland talked with
| his attorney, w. N. Albert. 1t
apparently was during this discus
sion that Mr.. Albert gave up his
announced plans of seeking sanity
hearing.
Mr.. Albert was retained by Mrs,
John L. Emory of New Market,
Tenn, sister of Mcfarland, who
visited him for Is minutes yesterday.
After the interview, Mrs. Emory said
she believed her brother was mental
ly unbalanced.
Earl has never acted right since
he came back from the war;" she
told reporters.
Clemency Petition Planned.
Mr.. Albert planned to circulate a
petition today for names which
would be telegraphed to President
Truman with plea for executive
clemency.
Il don't know how many names
we can get" he said, but yesterday
about 80 people called and offered
to help"
In Washington Attorney P. Bate
man Ennis said he also is preparing
an appeal for executive clemency
which he will offer to the President.
The Supreme Court has denied a
petition to review the Mcfarland
case.
| Mcfarland Ends Fast.
| After Mcfarland criticized break
fast as served in the Knoxville Jail
he called it "slop'' compared to food
in the Washington jail-he quickly
ended his fast at lunchtime yester-
day.
He said it was fairly good, but it
still can't compare with that Federal
Jail in Washington
Mcfarland was arrested in down.
town Knoxville Thursday afternoon,
eight days after his break from the
District Jail.
Although he has maintained his
innocence, his philosophy Of the cleo
trio chair has been: "Ain't no use
worrying about it when you got it
coming"