The Omaha morning bee., 1925-03-30
Counsel for
.Shepherdto
Prove Plot
Final Desperate Move in
Battle for Bonds Will Be
Evidence Supporting
Frame-Up Charges.
Argument Upon Tuesday


Shepherd, defendant in one OF tile
most battling poison mysteries Chi
cago has known In decade, expects
to gain his liberty on bond. The man
who is under indictment for Staying
William y. McClintock, his million
aire ward. with typhoid germs. spent
today quietly In Jail. He expected il
would be his last Sunday there.
The defense, directed by William
Scott Stewart. will launch its bic
drive Tuesday when a motion for =
re-hearing of Shepherds plea for
bond will be argued before Chief jus
tice Jacob Hopkins in criminal conrt.
The preliminary skirmishing opened
Saturday when the first documents
were submitted to substantiaie
charges often hurled by the defense
that Shepherd is the victim Of a dia-
bolicai frameup.
Not Arraigned Yet.
Shepherd has never pleaded on the
22-count indictment returned against
him 10 days ago charging murder in
the first degree. The whole fight
since the indictment was returned
has centered on the question Of al
mitting the defendant to bond. Shep-
herd will nS+ be arraigned on the in
dictment until that question has been
settled
II Shepherd and his attorney are
able to show the court that the in
dictment was voted on faulty eyi-
dence Judge Hopkins Is expected u
grant hail.
DR.. {. {. Faiman. John Marchand
and Earl Clark. the states three star
witnesses. may be held up by the de-
Tense az the real conspirstors. Dr
Faiman was head ot the National
University Of Sciences and Msrcfand
and Clark were connected with II in
one capacity o. another.
Two Possible Plans.
II i1ay be shown that these three
learning that Judge Harry Olson. old
time friend OF the McClintock family.
was investigating "Bllly'ss death AMI
knowing that he believed the young
millionaire might have been victim
OF typhoid germs criminally admin
istered. undertook to capitalize K.
There would have been, in a plan
like this. two possible avenues Of
piunder To threaten Shepherd with
making a statement that he go.
germs from the sclaol. unless he
paid for silence or with giving IN
formation 10 Judge Olson Tor j
price. The defense expects to offer
something along this line. II was said
today.
The defense. up 10 this time. has
| offered no testimony Of any SORT.
Shepherd. for the first time IN
sworn statement Saturday. denied he
ever had secured any germs from
Taiinan and said that he never had
seen either Faiman Or Marchsnd pre-
sious to the investigation.
Secretary i. Witness.
Mrs. Luella Rhueben. whe was FL
mans secretary at the time Fainaan
says Shepherd attended the sehosl
and procured the typhoid serms. i.
expected 10 be a witness FOR the de-
tense. Attorney Stewart says he vii
prove by this witness that Shepherd
was never at the school and that
Faiman never had any typhoid germs
there. In fact. the defense hopes 10
be able TO show that Faiman is scien-
tifically incapable OF handling typhoid
haciili and keeping the culture alive
for months. az he claimed he did.
There Is another important single
that will spring into prominence
when Shepherd is placed on trial.
The state will have 70 show that
the typhoid germs 1t claims shepherd
fed Mcehntock actually caused Nc
clintock's death. In other words. it
is contended. under the laws Of nU-
nois. the state will have to prove that
McClinteck could not have heeame
innoculated with typhoid in any 9th.
er way. This Viii be difficult, II not
impossible. because al the time Nc.
Clintock was taken i'll there we're
many cases OF typhoid in Chicago,
as shown by health department rec.
ords.
New Rulings Expected.
New decisions. new court rulings
and interpretations Of the law are eS.
pected 10 grow out ~ this mystery
case. according "a prominent lawyers.
Thus far there are but two undis.
puted facts. First. that McCiintoek
Is dead and sceond that he died q,
typhoid fever
shepherd. criminal lawyers hold.
might confess that he killed Meciin.
took, ny feedins him typhoid germs.
and Yet escape punishment Tor mur.
der. Before the state could exact its
penalty It would have 70 prove that IL
was those particular germs that
caused McClintoek's death--that lie
could not have contracted typhoid in
any other way.