Show DEfENSE LOSES GROUND GIVEN EXTRA SESSION Shepherd Case Goes GoesOn GoesOn GoesOn On in Afternoon GERM IDEA HOLDS Monday May Bring Last Testimony CHICAGO June 20 AP AP- AP Tes AP Tes Tes Testimony of two witnesses called by bj bythe bythe the defense In the William Darling Shepherd murder trial was diverted divert divert- ed with willi su such suh h success by the prosecution prosecution prosecution prose prose- cution that the defense forced an afternoon session of oC court Saturday Saturday Saturday Sat Sat- in an effort to regain its lost ground Walter Smith formerly janitor at atthe atthe atthe the National University of oC Sciences conducted by Charles C. C Falman Faiman testified upon direct examination that no live germs ever were about the school but upon cross examInation examination examination examina examIna- tion admitted that he had seen racks full of test tubes and that for all oJ he knew they might have contained contained con con- tamed germs being propagated He was followed upon the witness witness witness wit wit- ness stand by Dr Frederick O. O Tonney director of the laboratory of ot the Chicago health department I For or an hour under guidance of defense counsel he contradicted testimony testimony tes tea of Faiman Falman the states state's chief Continued on page 8 DEFENSE LOSES GROUND GIVEN EXTRA SESSION Continued from page 1 1 1 witness but the tho entire status of his testimony was changed under questioning questionIng questioning ques ques- by Prosecutor Robert E E. Crowe EXTRA SESSION GRANTED Five minutes before time for the usual Saturday adjournment William WIlHam William Wil WIl- liam Ham Scott Stewart chief of defense de defense defense de- de couns counsel l. l appealed to Judge Thomas J. J Lynch for an afternoon session which he granted It would never do for the Jury to have the week week end end to discuss this testimony appealed Stewart Both witnesses were called In an attempt to offset Faiman's Falman's testimony testimony mony many that after Shepherd had indicated In Indicated Indicated In- In Interest In a course of criminal crim- crim in inal l bacteriology In institution he ho gave him three test tubes filled with live Uve typhoid germs genns learned later that Shepherd wanted them for tho the murder of Billy McClintock his millionaire foster son eon and that Shepherd rd promised him from the youths youth's estate The germs Falman Faiman testified were obtained from the city health department de department department de- de laboratory by hIs Jils merely asking an unknown boy at the entrance en entrance entrance en- en I trance for them I au DENIES FAIMAN STORY Dr Tonney test testified tied at first that Faiman could not have obtained the germs In that manner and that It would have required at least ten or fifteen minutes Under cross examination however however how how- ever ever the doctor admitted that the th d department rules had been violated violate many times Umes Winfield Scott r reprimanded three times and finally discharged discharged discharged dis dis- dis- dis charged last spring from the health department was a former directo r of Faiman's laboratory Dr Tonney Tonney Ton- Ton ney ncy said eaid ho he understood He also admitted his chief assistant assistant assistant as as- Dr J T L L. White bite had told him he had seen Falman Faiman about the th e city laboratory But It would be very easy forman for oman o 8 a man to Inoculate a person with the th a germs If It he had them Z asked Prosecutor Prosecutor Prosecutor Pros Pros- Crowe Yes It would be very easy ary responded responded responded re re- re- re tho the witness DID NOT SEE THE GERMS Peter Byrne the last witness o othe ol oj f the day formerly employed by Faiman Falman Fai Fal- man denied Faiman Talman ever eyer had germ germs s about the school He Ha told of Faiman Falman posing as a physician and surgeon and treating sick persons and operating upon others and accused Faiman Falman o ol oj f bootlegging alcohol What did ho he do with the alcohol alcohol alco o. o hol Fixed up some of at It to look ook lik good whisky and sold It at 6 a pint Byrne replied lIe He said he had looked through Faiman's Faiman s letter files fUes fifty or sixty times but never had seen a a. letter from Shepherd Inquiring about a course of Instruction He lie said he had seen test tubes at the Faiman Talman school but never any with germs He lie daily dusted out the tho Ice box In which Fannon testified he had kept the tho germs Byrne said Byrne Brne admitted Re had received 5 5 and 10 at a time froni front Attorney Attorney Attorney ney Stewart but denied that any fee lee had been promised for tor his tes tes- 0 Upon redirect examination he was asked one question Why are aro you ou testifying here Because I think Faiman Falman made a 8 false confession was the reply Byrne previously had testified ne he was wag with Falman FIllman during virtually the entire time Falman FIllman said he was wa plotting with Shepherd and that he had never seen Shepherd nor heard of ot him Miss Rhubel formerly business manager at Falman's Faiman's school was called to the witness stand but court was adjourned before she could be sworn The defense def nse today saId Bald It expected to complete its case next Monday offering Shepherd as a a. witness after after after aft aft- er hearing the testimony of approximately approxImately approximately a a. half halt dozen doen other wit wit- nesses |