The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-05-18
STATEDEMANDS
DEATHPENALTY
IN GER NJ CASE
Chicago Lawyer Is Charged
With Killing His Young
Foster Son
PLEADS NOT GUILTY
Prosecution Alleges Accused
Sought to Gain Possession
of McClintOck Fortune
tBy The Associated press)

SHIcako, Way lo.-W imam UaTl-
ing Shepherd went on trial today
charged with the murder of his mil
ionaire foster son. VIM. McClintock
through typhoid germs. The prose-
cution asks that the death penalty
be imposed in case he is found gull
ty. The first veniremen examined
were excused by the state after they
had said they had conscientious
scruples against capital punishment
Caught in the trail of disaster
that has followed the McClintock
fortune for generations, VIM. Shep-
herd, the last titular owner, today
| faced trial for murder He stood
charged with staying by the typhoid
fever germs the last possessor of
the 81 500, 600 legacy.
Shepherd counter charged that it
was a plot fostered by a dozen cou-
sins Of McClintock to break the will
in order to come In for q division
Of the fortune and thereby deprive
him Of his inherited rights. He en-
tered an absolute denial of the
twenty-one counts of the mur rider in.
dictments.
He was indicted March 1s in the
midst of coroner's inquest institut-
ed by Chief Justice Olson Of tn /mun-
|, icipal court, friend of the McClin-
took family. He accused Shepherd
of causing the death of young Nc
Clintock and described him as the
central figure in the murder plot.
His wife has likened by Judge o.
son to Lady Macbeth who dominated
her weaker husband. She was NAM
ed in the cOroner's verdict as equal
iy guilty. She was vindicated when
the grand jury refused to indict he..
Shepherd, himself lawyer, was
pale, when brought into the prison
er's dock. Mrs. Julia Shepherd, the
defendants wife hurried forward and
kissed her husband. She had in
tended to sit behind him but instead
was given seat across the aisle.
Shepherds first comment when
brought into the court were those of
lawyer rather than one charged
with crime. He inquired whether
the trial would be conducted speedily
|, and whether Judge Lynch would +.
punctual
The, trial got under way at 10:35.
Sometime before the court room was
filled, there was a crowd outside the
court room, each, person awaiting an
opportunity to- enter when someone
would depart leaving a vacant seat.
A special panel of 100 venire men
have been summoned. Those of the
special panel were called first.
The inferred bodies Of Mrs. Nc
Clintock and DR.. Olson, buried six
teen and three years respectively,
revealed mercury in sufficient
amount in Mrs. McClintock to have
caused death, examiners said but
none was found in DR.. Olson's body.
Jointly indicted with Shepherd but
granted q separate trial was c. C. Fai-
man, head of science school. He
confessed he had supplied typhoid
germs to Shepherd, taught him to
keep them and to administer them
to McClintock with assurance of IA
tai results and said that he was
promised 100000.
Faiman, who has never been in
Jail but was guarded at hotel until
released on a nominal bond, was
named as chief witness.
Young McClintock, the first person
in this country to inherit the for
tune died Dec. 4, 1924, few months
after reaching his majority and sign
ing will drawn by Shepherd and
attested by Shepherds house SER
wants. Shepherd was made the chief
beneficiary and an $4,000 annuity
for Isabelle Pope, McClintock's fl
ancee who waited at his death bed
with license to marry him II he
recovered.
The fortune was founded by Will
liam Hickling, q Briton, who came to
America many years ago. Hints had
been given that his second wife OBJ
tanned it by poisoning her husband
and that in turn she was poisoned
by her second husband. Charges of
this kind were later withdrawn. Nc
Clintock took as second wife, Emma
Nelson, stenographer, formerly of
St. Mary's, Kansas. Soon after the
birth of Billy, the elder McClintock
was killed in an automobile accident.
Shortly thereafter the Shepherds
came to live with the McClintocks.
Mrs. McClintock and Mrs. Shepherd
were school girl friends. Her will
made Mrs. Shepherd co-guardian of
Bill.
Mr.. Shepherd is Of middle age, of
square build and Of medium height,
has soft brown eyes and rather
Iaquiline nose.