Evening star., 1925-06-14
ARGUMENTS DELAY
TRIAL Of SHEPHERD
Defense 0verruIed in Most of
Technical Points
Raised.
By the Associated Press.

nIed the -nOuf session Oh lHe
Shepherd murder trial today.
The defense was overruled in its va
rious contentious until finally VIII
liam Scott Stewart, chief of counsel
for Shepherd, demanded plaintively of
Judge Thomas J. Lynch:
But, your honor, | cannot always
be wrong"
In that instance he was pleadf.E
for admission as an exhibit of what he
said was the original memorandum by
William Nelson McClintock. then
student at Dartmouth University.
from which William Darling Shep-
herd, Chicago lawyer and his foster
father, dictated the will which made
Shepherd the chief beneficiary of the
youths estate, recently valued in eX-
cess of 1000, 900.
fight to have eXpunged from the rec
ord yesterdays testimony by Miss Es-
telle Gehling, Shepherd sunshine
girl and d quotation from letter
Shepherd sent the young nurse in
breaking off their relations.
Third Fight Undecided.
The third hard fight of the day re
mained undecided at adjournment and
will be continued Monday morning
when Stewart Will cite his authorities
for his method of cross examining DR..
Amante Rongetti. The doctor teSti
fed for the prosecution that early in
the Fall of 1928 Shepherd came to the
Ashland Boulevard Hospital and in
quired about a course in bacterioloEy.
displayed interest in tuberculosis and
asked about how typhoid fever got
into a body
Upon cross examination Stewart
sought to bring out that DR.. Rongetti
was angry with Charles G. Faiman,
who was indicted with Shepherd after
he testified he supplied typhoid germs
and taught Shepherd how to slay Billy
McClintoCk with them. and that DR..
Rongetti had first gone to a news
paper with his story rather than to
authorities who were investigating the
youths death.
The final question asked by Stewart
was whether DR.. Rongetti had not
been indicted
cipitated by the interrogation finally
was taken into the judicial chambers,
where II was being debated when time
for adjournment arrived.
Defense Wins One More.
One success greeted the defenses
efforts today. however, when il was
shown that a secret laboratory at
tributed to Shepherd by the prosecu-
ton actually was in his room which
adjoined that of Mrs. Emma Nelson
McClintock. and to which Mrs Nc
CIintock had access at all times.
Robert Z. Grove, States attorney,
indicated the secret laboratory as an
important link in the States chain Of
Circumstancial evidence against Shep-
herd when yesterday he won the right
to go about esta blishing the neces-
sary corpus delicti" in his own way.
The laboratory testimony was ad-
merly a maid in the McClintock home.
TO which the Shepherds went TO live
after Mrs. Shepherd had renewed
school day friendship with Mrs. Nc
Clintock.
In the matter of the will-memoran-
dunn the defense was partly success
full in that Judge Lynch ruled that 1t
might be introduced later as defense
evidence.
Additional testimony as to Shep-
herds impoverished status and his
expectation of some day coming into
wealth was brought out through testi-
mony by Jerome Matillo of Indian
apolis, and Louis Sbarbaro.
Matillo, a carpenter sent to Texas
by Shepherd to build a Summer home
for Mrs. McClintock, testified he once
heard Shepherd say to his brother
Never mind about Willie; he will
come out of this with his pockets
full"
Sbarbaro. Chicago civil service en-
ploye, uncle of John Sbarbaro an as
sistant States attorney. and formerly
restauranteur. testified Shepherd in
formed him eight or ten years ago
that one day he would have plenty.
and that he said he then was getting
$1,000 as guardian of a rich boy.
Tax Evidence Barred.
lata
prevented by objections from testify
ing that he found Shepherd paid only
81 income tax last year, and that he
was given back 81 of that amount.
Another bit of evidence kept from
the record was the statement by Mrs.
Stella Carson of Linden. Iowa, former
ly a housekeeper in the McClintock
home, that Mrs. Shepherd had remov-
ed some jewelry from the body of
Mrs. McClintock. The question and
answer were expunged from the
record and the jury warned to disre-
gard the matter.
Through f. NJ Rubel. Probate
Court clerk, the will of Billy Nc
Clintock was introduced, and was
read to the jury by Prosecutor Grove.
Eva Nelson, maid for the Shep-
herds, testified that Mr. Billy" asked
her to witness his signing of the docu-
ment and had her attest it.
In his successful effort to have Miss
Ceilings testimony and the excerpt
from Shepherds letter to her remain
in the record Prosecutor Grove
agreed not to remind the jury that
the letter was other than a business
document. To reveal the epistle as a
."love letter." or to point to the jury
any indescretions of which Shepherd
was guilty, would be highly prejudi-
cial, Grove agreed.
Jury Asks More Liberty.
The jury, some members of which
have been isolated for more than three
weeks, petitioned the judge today for
more liberty, and as a result will be
permitted to attend a theater tomor-
row and will be taken automobile rid
ing. The jurors also asked to be per-
mitted to walk in nearby Lincoln
Park. as a break in the monotony of
being confined in Stuffy quarters dur
ing the long trial.
Attendants who would have been
present at the marriage of Billy Nc
Clintock and Miss Isabelle Pope, who
waited with a license while the youth
died, assisted at the wedding today
of Dudley Pope and Miss Virginia
Buell.. Miss Isabelle Pope, who is
awaiting call as a witness against
Shepherd. was not present. Pope Is
her cousin. His best man was Ed
ward Lootweiler, who was Billy's
roommate at Dartmouth University,
and Miss Pope's sister Elizabeth was
a bridesmaid.
H0M\jIHr CCEHC CHANv