The Birmingham age-herald., 1910-04-21
Dr. Luckett's Pelvic Specialists Co. Rooms 231232233 First Nat Bank Bldg, anasa

in possession of carbon copies of the evil dence. Judge Latshaw is of the opinion that he has no power to deprive the defense of the copies. ....-.... A
 Miss Pearl Kellar, who attended Col onel Swope in his last illness, took the stand after the upheaval in the court had subsided. She told about and acted out in part the entire scene in the mil- lionaires death chamber.
 Walsh, Springs Surprise
 Attorney Walsh declared this afternoon that he had in his possession papers con- taning notes of the testimony of Dr.. Walter Haines given before the grand jury. which showed the scientist had de- clared that no cyanide. of. potassium was found in the stomach of Colonel Swope. MT. Walsh said woman had found the papers on the street.
 The assertion followed a demand by the court for Mrs. Walsh to tell whether she had in her possession papers be- longing to the state as well as her hus- band.
 1T refuse to answer for her" shouted MT. Walsh.
 Then bring in the jury shouted Judge Latshaw, striking the desk with his fist.
 MT. walsh rushed forward to the bench and made the startling statement attribu- ted to him. The order for the jury was then resc.nded.
 "A man holding papers belonging to the state is no better than a thief" said the court.
 Pointing toward the jail adjoining the criminal court building MT. Walsh shout ed: "Your honor do you see that gal lows?"
 Attorney Lucas Interrupted and MT. Walsh did not finish the sentence.
 Prosecutor Conkling proke lnto the con- versation and said:
 "Jf these papers are returned we will give the defense a carbon copy of them'
 'lt is the proof of a mans innocence that we hold" replied MT Lucas hotly.
 And the same papers contain evidence of the guilt of the defendant" inter posed MT. Conkling.
 Marshal, take charge Of the defend- ant" said Judge Latshaw, rising from his chair.
 1T will look into this natter he con tiEued.
 Walsh Tries to Explain
 Before Judge Latshaw left the bench Mir Walsh expressed Q desire to tell how the papers came into his possession.
 "An advertisement was inserted In local newspaper saying certain Woihah had found papers connected with the case I went to her house and found they were these notes,' said the witness. and they contained proof of my clients innocence"
 The fudge told MT. Walsh to return the papers to the court and the attorney went so a bank to get them. MT Conk- ling admitted that the papers actually had been lost in the street by one or his assistants. Dr. Haines would testify, however, said MT. Conking, that syanide of potassium was found in the body Of Colonel Swope. Attorneys for pr. Hyde Ar Iot the stand and testified that cyanide had been found they would prosecute him for perjury.
 "It is true' said Mr. Conklng, that Dr. Haines did not testify before the grand jury that he found cyanide of po- tassium in Colonel Swcpes viscera. At that time, however. he had not completed his analysis. Later and more searching examination of the organs proved that cyanide was present"
 When MT. Walsh returned the papers Judge Latshaw spoke calmly and at some length regarding the defense's action in keeping the papers. and the tumultuous scene that ensued, he said. engendered no ill feeling against any one.
 Let all the proof that will tend to show the guilt or innocence of this defend- ant be secured openly" he said.
 'The court will call out the military to obtain such evidence if necessary he concluded.
 Miss kcllar Resumes stand
 Miss Kellar resumed the stand. "The night Of October g." said Miss Kellar, "Dr. Hyde gave me d capsule to give to Colonel Swope. I took the capsule to Colonel Swope," she continued, and he indicated by q nod of the head and an expression of the face that he would not take the medicine"
 Soon after Colonel Swope refused to take the capsule Dr. Hyde appeared. and she made it known by signs that tine medicine had been refused, the witness said. Later" she said, 'I administered the medicine
 What was the nature of the capsule?" asked MT. Reed. "It was either three or five grain cap- snle of a white or grayish color." she re- piled.
 How long was this before the death of Colonel Swope?'
 About 10 hours"
 Miss .Kellar said few minutes after she had administered the capsule. while she was reading a paper to MT. Swope, the patient passed into d convulsion. T ran to the door and called pr. Hyde"