Evening star., 1925-06-21
SHEPHERD DEFENSE
TESTIMONY SHAKEN
Witnesses, Cross-Examined,
Admit Faiman Might Have
Gotten Typhoid Germs.
Ry the Associatsd pre.s

session of court in an effort TO regain
its lost ground
Walter Smith, formerly janitor at
the National University of Sciences,
a small school run by Charles G. Fai-
man, testified upon direct examina-
ton that no live germs ever were
about the school but upon cross -eX-
animation admitted that he had seen
racks full of test tubes and that for
all he knew they might have con-
tanned germs being propagated,
He was followed by DR.. Frederick
o. Tonney, director of the laboratory
of the Chicago health department,
who gave testimony in direct contra
diction Of that given by Faiman, the
chief witness against Shepherd, ac-
cused of killing Billy MCClintock.
When the prosecution began question
ing, the entire status of his testimony
was changed.
Five minutes before time for the
usual Saturday adjournment William
Scott Stewart, chief of defense coun-
sci, appealed 10 Judge Thomas J.
Lynch for an afternoon session.
"It would never do for the jury TO
have the week end TO discuss this tes
timony." appealed Stewart. Your
| honor, it would be unfair 10 the de-
fense. We should come back this
afternoon and clear up this matter
Accused by Faiman.
Faiman testified earlier in the week
that after Shepherd had indicated IN
terest in a course of criminal bacte-
riology in his institution he gave
Shepherd three test tubes filled with
| live typhoid germs, learned later that
Shepherd wanted them for the MUIR
| der of his millionaire foster son, and
that Shepherd promised him 100000
| from the youths estate.
The germs, Faiman testified. were
| obtained from the city health depart
| ment laboratory by his merely asking
| an unidentified boy at the entrance
| for them.
DIR. Tonney testified at first that
Faiman could not have obtained the
germs in that manner, and that it
| would have taken 10 or - minutes
or two Faiman claimed was required
for him To get the germs.
| Under cross s-exa minatiOn by Robert
| f. Grove, the States attorney, the
| doctor admitted that nothing would
! have prevented his subordinates pass
| ing out germs 10 any one except q
1 rule that such an action meant dis
| charge, and that the department rules
] had been violated many times.
| Winfield Scott Hoerger, reprims nded
; three times and finally discha rged
| last Spring, was a former director OF
| Faiman's laboratory, DIR. Tonney said
| he understood.
Seen About Laboratory.
He also admitted that his chief as
| sistant, DIR. J. l.. White, had told
| him he had seen Faiman about the
| city laboratory, although the witness
| maintained he never had seen Faiman
| there, and that an institution of the
standing of that run by Faiman
| could not have obtained live germs.
| DR.. Tonney testified that if a lay
! man had three tubes of germs for
! year he would expect the germs at
| the end of that period to be dead.
| Upon cross ss-eXamination, however he
| said his laboratory contained a fam
| lily of germs which had been propa-
| gated 30 years and which could he
! propagated 80 more.
! The prosecutor handed DIR. Tonney
! some test tubes and other necessary
| apparatus and had the witness panto-
| mime a transfer of germs.
| 1t is one of those things which
looks easy, but which requires skill
| and practice" said the doctor.
But 1t would be very easy for a
/ man to inoculate a person with thu.
| germs if he had them?" asked
! Prosecutor Grove.
Calls Inoculation Easy.
! Yes. it would be very easy" re
| sponded the witness.
| Mr.. Grove phrased a Hypothetical
! question containing all his allega tione
! of Shepherds experience as student
| of criminal hacteriology. and asked
| DR.. Tonney if such man would have
] difficulty in culturing germs. hut an
| objection by the defense eliminated
| the answer.
Peter Byrne. the last witness of The
| day, accused Faiman of having made
false confession when he incrimi-
! mated himself and Shepherd in young
| McClintock's s murder.
| Byrne. former hospital orderly. later
| student and janitor at Faiman's :
/ school and now a railroad worker
! denied that Faiman ever had germs
! about the school
| He told of Faiman posing as
| physician and surgeon and treating
| SICK persons and operating upon
| others. and accused Faiman of boot
| ling alcohol he obtained because of
proprletorShip of the hospital at
| tached to the school
What did he do with the alcohel?.'
] Byrne was asked.
Fixed up some of it TO look like
good whisky and sold it at s6 a
| pint was the reply.
| He said that he had looked through
Faiman's letter files fifty or sixty
| times" but never had seen a letter
| from Shepherd or from any LAWYER
| inquring about course of instfu,-.
| ton.
Saw No Germs
He said he had seen test tubes at
| the Faiman school. but never any
with germs. He daily busted out the
| ice box in which F'aiman testified he
4 had kept the germs. Byrne said.
1 Byrne admitted he had received S.
| and $40 at a time from Attorney
Stewart. but denied that any fee had
| Upon redirect examination he was
asked one question:
why are you testifying here"
| Because l think Faiman made a
| false confession" was the reply
| Byrne previously had testified that he
| was with Faiman all his waking
| hours during virtually the entire time
| Faiman testified he was plotting with
| Shepherd, and that he never had
| seen Shepherd nor heard of him.
Miss Luella Rhubell, formerly bust
| ness manager at Faimans school.
was called to the witness stand, but
| court was adjourned before she could
4 be sworn.
The defense said it expected to com
| plete its case next Monday, offering
| Shepherd as a witness after hearing
| the testimony of approximately a
\ half dozen other witnesses.