Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1920-12-21
PER|TON|T KILLED
+. SHEPARD, DECLARES
DR.. c. c. HAROLD
Macon Surgeon Who 0per-
ated on Peach King, Says
There Was No Evidence
That He Was Poisoned
BY ED. II. BRADLEY
(StaR Correspondent of The Journal

(Staf Correspondent of The Journal)
MACON, Ga. Dec. 2O.-Testimony
in support of the contention thai
Fred D. Shepard, wealthy Fort Val
ley peach grower, died of peritonitis
and not from bichloride of mercury
poisoning, was introduced today al
the preliminary hearing Of the four
defendants charged with Shepard s
murder. Judge H. A. Mathews, pre-
siding at the hearing, had refused
to entertain a motion to discharge
all four of the defendants on the
ground that the state had failed to
make out case against them. This
motion was made by counsel for the
defense Immediately after Solicitor
General Charles A. Garrett had an
uounced that the state would rest it's
case.
This announcement was made at
11:40 o'clock, and the defense
Producing as witness the surgeon
who performed, the operation on
Shepard a few hours before his
death.
The state had put up only three
witnesses at the morning session, de-
show that certain valuable docu-
ments, such as bondsNand checks,
which were in possession of Fred D.
Shepard onIhe night before his death,
turned up in possession Of Ernest
Hopson, one of the defendants. a few
days later.
Solicitor General Garrett, after ex-
aiming these witnesses, announced
that while he reserved the right to
Introduce two more witnesses who
had failed to appear, he would rest
the states case. Counsel for the de-
Tense then formally moved for the
discharge of all four of the defend
ants, Mrs. F. E. Elmer, former wife
of Shepard, Mrs. Iona Henry. her
sister, Ernest Hopson, her son by
her first marriage. and Mrs. Annie
Cults.
Judge Mathews refused to enter
tain this motion, declaring that
non-suit was unheard of in a GRIM
inal case. He instructed the de-
Tense to proceed with its case, in
PRODUCING evidence, if desired, or pro-
ceeding Immediately with arguments.
Says Peritonttis Killed Shepard
The defense began the development
of it's case by placing on the wit
ness stand DR.. C. c. Harold, we'll
known Macon surgeon and formerly
q major in the medical corps Of the
army. He said he performed the
operation on Fred Shepard on June
/, finding that the patient was suf-
fering from peritonitis. He found no
perforations of the intestines or 9TH
er abdominal organs, he declared,
but apparently the Inflammation of
the peritoneum was not commune
Gated from the intestines.
There was nothing to indicate
that Shepard was poisoned" said DR..
Harold, "and 1 did not suspect poi
soning."
Asked by General Harris as to
whether peritonitis such as that
found in Shepard could be caused by
bichloride of mercury poisoning, DR..
Harold declared that he had never
seen or heard of a case where BIZ
chloride of mercury ever caused peri
tonitis. ''Bichloride of mercury, If
1t does not cause death within a day
or two, would not be fatal for several
days an dwould not cause much
pain" said the surgeon. 81 should
conclude that trace of mercury was
due to the calomel."
DR.. Harold was asked as to the
effect of alcohol on the intestines and
stated that confirmed whiskey drink
ers often suffer from Inflammation
of the intestines General peritoni-
tis such as Mr. Shepard suffered may
arise from several causes" said the
witness. 81 don't think Shepard died
fro many poison, but from general
peritonitis and paralytic ilium."
Under cross-examination of So
icitor General Garrett, DR.. Harold
declared that if there was a slough
ing off of mucouns membrane from
the iutestines of Shepard, it was
caused by something beside portion
tits. He stated also that the symp-
toms Of mercurial poisoning are in
tense pain, nausea, dysentery and In
tense Inflammation OF the internal
organs.
DIR. Harrold's cross-examinatlon
was only partially completed when
recess was taken until o'clock
says e. Hopson Lost Money
The first witness to take the stand
when Judge Mathews convened court
at 1880 O'Clock. was w. b. White,
that about September Is he was
fold by Ernest Hopson, one Of the
attendants, that he (Hopson) had
lost about $4,000 in Liberty bonds
5000 IN cash and certain valuable
papers. Mr.. White was not cross
examined.
It. S. Chapman, sheriff-elect OF
Houston county, told OF having peen
notified by Hopson to the same eff
feet. Hopson saying that he wished
TO keep it quiet for few days.
T n, Johnson, overseer on one OF
Fred Shepard's farms, testified that
on Nav % he gave Shepard an IN
dorsed check for $50. which was pro
duced in court and Identified by the
witness. The check was casheo a.
bank in Abbeville on June by
2. Hopson, according to the records
as shown on the face of the instru
ment. The state claims that Shepard
had the check in his wallet at the
time of his, death and that the check
was actually cashed three days after
his death.
The state then offered in evidence
an application made by Mrs. Pauline
J. Shepard Elmer to the Houston
county ordinary for letters Of ad-
ministration on Fred D. Shepard'f
estate. Mrs. Elmer's credentials as
administrators. her bond to the ordi
nary and the document alleged to be
the last will of the. deceased peach