Los Angeles herald., 1910-04-22
STOLEN EVIDENCE
HINT CAUSES STIR
At HYDE'S TRIAL
Prosecutor Starts Investigation
After Hearing Of New
Developments
MISS KELLER FINISHES STORY
Efforts of Defense to Develop
Contradictions in Testi-
mony FruitIeSS
MISS KELLER FINISHES STORY
ASSOCIATED Press1


II ANSAS CITY, April 21.-Rigorous
IA investigation of the disappear
IN ance of the states documentary
evidence in the Hyde murder case,
which fell into the hands of the de-
fense's counsel was ordered by Prose-
cutor Virgil Conking today.
New developments in the case, the
most important of which was the state
ment of Rubin B. Garrett. the man
who lost the papers. that he did not
drop them at the point where they are
said to have been found, moved the
prosecutor to renewed action.
II am far from satisfied these papers
were lost" said Mr.. Conlling tonight.
Neither do ] want to say they were
stolen. But 1 have several men inves-
tigating the matter and sensational
developments are likely to follow
Miss Pearl Keller, u nurse. was the
only witness at the trial today. She
completed her direct testimony at the
end of the morning session. Attorney
Walsh, for DIR. Hyde, cross s-examined
her In the afternoon. He was unable
to shake her testimony except on a
few minor details.
Miss Keller was allowed to tell of the
typhoid epidemic in the Swope resi-
dence.
The court promised to order It
stricken out if later developments prove
il irrelevant.
SYMPTOMS WERE SIMILAR
The most important feature of her
testimony was that Miss Margaret
Swope's symptoms on the morning DR..
Hyde is said to have poisoned her were
similar to those of Col. Swope just be-
fore he died.
on cross examination Mr.. Walsh
proved that shortly before the typhoid
epidemic in the Swope residence the
plumbing which was supposed to carry
away the waste was torn out because
ii did not work.
DR.. Hyde's attorneys today made an
other unsuccessful attempt to secure
the letters and documents that passed
between John G. Paxton and the chem
lists who made the Swope analysis. Mr..
Walsh said these papers would prove
his contention that no poison was
found in the ejecta of Margaret Swope
or in the capsule which DIR. Hyde
threw away when he left the Swope
residence December 81.
On December II, said Miss Keller in
the course of her testimony. she went
to the Swope house and took charge
of Miss Sarah Swope. The Sunday
following, she testified, she heard that
SWope a hypodermic injection. DR..
HYDE asserted, she said, that he had
given a harmless injection of camphor-
ated oil for intermittent pulse.
ION the day following the giving OF
the injection" testified the witness, II
saw Margaret's arm. 1t was badly
swollen. The girl appeared to be In
great pain"
ON december IS. shortly after DR..
Hyde had left the house, said the
nurse, Margaret Swope passed into a
convulsion.
Miss Keller related how at the be-
hest of Dr. Twyman all of the medl-
cine in the house was destroyed I'M
mediately after Margaret Swope suf-
fered a convulsion.
NURSES GO ON STRIKE
This was the day the nurses struck
i'm the Swope residence, and the stats
made every effort TO inject the story
of the uprising of the nurses against
DR.. Hyde.
Amid a storm of objection from tho
defendants counsel the witness man
aged to tell that the 1urses held prl-
vate meeting in Col. Swopes room.
For what purpose this meeting was
held she was not permitted to say.
Tha state managed to show, how
ever. that DIR. Hyde and his wife left
the house on December Is and the Wit
ness said there was no new sickness
after he left. ., -
Miss Kelley closed her testimony Tor
the state by telling briefly about MISS
Lucy Lee Swope being attacked by
tvphoid fever four days after her re-
turn from New York in the company
of DR.. Hyde.
. When Attorney Walsh began the
cross examination of Miss Keller he
Immediately delved into the typhoid
fever feature of the case.
Miss Keller had previously testified
that DR.. Hyde brought bottle of dis
titled water to the Swope house for
the use of himself and his Wife.
Cross-examination developed that
she only heard they brought the water
TO the house and she did not see 1t.
Reading from the grand jury notes
which recently fell into his hands, Mr.
walsh asked Miss Keller If she made
the statement that "Mr. Hunton had
a violent twitching and jerking"
Tho witness testified she did not re-
call her exact testimony but she did
saw, substantially, that Mr.. Hunton
was suffering from a convulsion.
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