Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-12-02
Sheppard Brother
Disputes Testimony
On Murder Events
BY The Associated Pres.

EAACA UlUt1lCl VI III. 0duluC1 II.
Sheppard, disputing previous
testimony, said on the witness
stand today that the brown
corduroy coat DIR. Sheppard wore
the night his wife was slain was
left in a crumpled heap on the
floor, not folded on a couch.
DR.. Stephen Sheppard, elder
brother of DR.. Samuel Sheppard
and also an osteopath, was the
first defense witness in the seven
week-old first degree murder
trial. The younger DR.. Shep-
pard is accused of b1udgeoning
his pregnant wife, Marilyn, in
her bed at their home last
July 4.
When he entered his brothers
home at approximately 6:15
am, July 4, the defendants
jacket lay on the floor, the wit
ness told the jury.
Disputes Testimony.
Earlier testimony was that the
coat was neatly folded on the
living room couch. DR.. Sam
retired to that couch about mid
night for a sleep he said was
interrupted by the Staying,
which the coroner says was be-
tween 3 and 4 am.
Prosecution attorneys have
emphasized that the. folding and
careful placing of the coat in
Dictated DIR. Sheppard had not
ripped it off when, he says, he
rushed upstairs to answer his
wife's cries to save her from the
skull-crushing blows of a bushy-
haired marauder.
On the morning of the
murder, DR.. Stephen testified,
he and his wife found the
defendant stretched out on the
floor of the den when they ar
rived. He was naked from the
waist up, and Il thought he was
dead" he said.
Praises Temperament.
Of his brothers temperament,
Dr.. Stephen said:
II always considered him the
most level-headed and restrained
of our whole family"
There was a harmonious, affec-
tionate relationship between the
slain woman and her husband,
the witness added. He related
incidents to show that relation
ship. He told how the Sheppards
selected the name Stephen for
their expected child. if a boy, and
how the defendant loved chill
dren and played with them often
and strenuously.
The defendant sobbed at the
reference to the unborn child of
his slain wife.
The brothers testimony came
after Common Pleas Court Judge
Edward Blythin overruled de-
Tense motions for a directed ver-
dict of acquittal, saying: #
This is not a case that can be
disposed of by the court"
II 4 # g
Decision Up.to Jury.
His decision leaves the ques-
ton of guilt for the jury of five
women and seven men to decide.
The judge emphasized his ruling
did not mean he has any opinion
"or even the right to have an
opinion as to the guilt or limo
cence of the accused
The State concluded it's case
yesterday morning, calling as its
30th and final witness pretty
Susan Hayes. She told of shar-
ing a bed with DR.. Sam, and
receiving a ring and a watch
from him, and she said he told
her he loved her and was
thinking of divorce"
Defense lawyers in arguing
yesterday that DR.. Sheppard be
freed on grounds the State hac
failed to establish a motive OF
link him closely with the muir.
der, gave several hints as to the
nature of their side of the case.
One was a suggestion thai
whoever attacked the 31-year.
old matron intended, not to Kill
her, but to disfigure her.
And the defense keeps imply.
ing that a woman may be in.
volved in the beating that tool
Mrs. Sheppard's life.
Emphasize 8 Points.
This mystifying thesis emerged
IN points emphasized by defense
lawyers as they called for a di.
rected verdict of innocence
They insisted
/. That the State must ex.