Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-02-10
NO ARREST HAS BEEN MADE.
His Attorney and Prosecutor
Reach an Agreement as
To Service.
Lie VIII Appear at the Prosecutors
Office at 4 O'Clock and
Accept II.

Kansas City, Feb 10.-A climax In
afternoon when John G. Paxton. the
family counselor, filed an information
at the office of the county prosecutor
formally charging DR.. Bennett Clarke
Hyde with murder in the first degree,
holding him responsible for the death
OF Col. Thomas H. Swope
Virgil Conls.ng, the prosecutor, said
later that warrant for DR.. Hyde's ar
rest would be sworn out during the
afternoon.
Anticipating the warrant. DR. HYDE
attorneys had told Mr.. Conkling their
client was ready and willing to accept
service and would be available when
ever he was desired
The information fled by Paxton be-
came an official record In the prosecu-
tors office shortly after o'clock. Up
to 2;30 o'clock no warrant had been
issued for Hyde's arrest.
Later it was agreed between Hyde's
attorneys and the prosecutor that the
physician should voluntarily go TO
the prosecutors office at o'clock this
afternoon and accept service.
The grand jury will go into every
phase of the mystery. The inquiry will
not be confined TO the death of Col.
Swope. but Will include the death OF
Chrisman Swope and the epidemic Of
illness in the Swope household. Fol
lowing the deaths OF the two elder
Swopes nine members of Mrs. Logan
o. Swopes family were stricken With
typhoid
DIR. 3. c. Hyde. who had attended
the typhoid patients. contracted the
disease himself and only sufficiently
recovered to be able to attend the re-
cent coroner's inquest.
There was a new turn today in DR.
Hyde's suits for alleged libel The
case in which the physician asked
$500, 900 In damages from J. G. Paxton.
the Swope executor, was dismissed by
the circuit court at Independence This
action was prompted by the attorneys
for DR.. Hyde. who desired to thwart an
attempt of PaXton's lawyers to secure
a deposition from the physician.
No arrest In the Swope case follow
ing yesterdays verdict of the coroner's
jury had been ordered up to this
forenoon and none was expected
a grand jury VIII be asked to take
up the case, was the assertion. No war
rant will be sworn out until the grand
jury has made its recommendations.
All persons connected with the case
were unwilling to be quoted on the
probable action that might be taken
next. The different sets OF attorneys
spent the morning in conferences At
the offices of Virgil Conkling. the
county prosecutor, and Coroner Zwart
also, the case was gone into behind
closed doors. 1t was evident some de-
clsive move was pending. but none In
authority would vouchsafe guess as
TO what the next step would be.
The coroner, il was asserted. was
planning to hold an inquest over the
body of Chrsman Swope as soon as
the Chicago chemists finished their
examination OF the organs of the
nephew of Colonel Thomas Fl. Swope.
This second inquest would be held, 1t
was said. regardless of what the
prosecutor might see fit TO do.
In the meantime witnesses whose de-
positions were desired in the libel
suits brought by DR.. 3. c. Hyde wcrc
being sought by the attorneys for both
sides of these cases. The deposition
taking had been stopped by the first
inquest at Independence.
DIR. Hyde. DR.. Ludwig Hektoen. the
toxlcologist and Mrs, Logan o Swopc
have all been served with subponaes.