The Sentinel=record., 1912-11-08
STATE NOT READY
 IN JOHNSTON CASE
NOT READY TO PROVE THAT BODY FOUND WAS MISSING
 CARROLL STEPHAN.
Judge Farmer, Representing Defend ant, Urges that His Client be
 Given Relief from Custody.

That the state was yet unable to prove that the body of the vulture- eaten body found near the garbage plant in October was the body of Car roll Shepman, and that even should the corpus delecti be established, the state had not sufficient evidence with which to connect George Johnston with the crime of murder in that con aection, were the admissions by Pres ecuting Attorney Clip Witt yesterday
 before Justice w. A. Kirk, before whom Johnston's hearing had been set In order that the state might nave further time for investigation, the case was reset for Saturday morning, over the protestations of Judge Thurs ton P. Farmer who represents John ston, and who made plea for a quick examination into the case
 Deputy Prosecuting Attorney George Wilmington first presented the mo. ton for continuance, stating that Mrs. Waite, who might be an import ant witness in the case, was sick and unable to be present. MT Whiting ton stated that the state desired a complete investigation, but wanted further time.
 Judge Farmer interposed his objec- tion, stating that if the evidence of
 Mrs. White was all preventing an ex- animation, he would go personally with the prosecutor to her home and there take her deposition He said that his client had been in jail week, and that he did not believe it was just for him to remain in jail another week while the state worked up a case against him.
 MT. Wilmington answered that the state had no disposition to work up a case, but was as mucn interested in the ends of justice as the defense.
 Judge Farmer insisted tlAt inas- much as he had offered to go and take
 Mrs. Whites testimony, if the state
 had other reasons for not going into the examination they should be stated to the court so that the court might
 be the judge of whether the contin-
 uance should be granted.
 It was here that Prosecutor Witt
 interposed the statement that the
 state was yet unable to prove that
 the dead body found was that of Car
 roll Shepman, and MT. Witt said of course this would have to be done
 first. Then, he added, that after
 proving that, if it were proved. the state would haveto complete it's chain
 of evidence about Johnston, and was
 unable to do this at this time.
 There were almost 40 witnesses
 present when court was called and these were given instructions, when Justice Kirk put the case off until
 Saturday morning, to appear before
 the prosecuting attorney and tell him what they knew about the case. In answer to the statement of
 Prosecutor Witt that the state was
 both unable to prove the corpus de lecti or that Johnston had killed Shepman, if he had been killed, Judge Thurston P Farmer suggested that the state should be prepared 10 prove something against man the state
 held for murder. and that Ihe time for investigation. it seemed to him, should have been before Johnston was thrown in jail and charged wish murder, instead of after he had been in jail a week. while officers were collecting evidence against him. Ine alleged crime was committed Oct. IA, and in answer to this criticism, Dep uty Prosecutor Wilmington offered the suggestion that while the crime appeared to be an old cne. and John
 ston had been in jail week, yet the prosecuting attorney had not been in
 office but a few days, and had been
 very busy since entering on t.-e duties of the office.
 Deputy Prosecuting Attorney Whit tingtcn took active charge of the case yesterday afternoon and made some personal and detailed investigations on his own hook. indicating that he will give close personal attention to the criminal cases under his super vision.
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