Los Angeles herald., 1910-02-10
Coroner'S Jury Accuses
Relative of Administer
ing Fatal Drug
EXPECT A SENSATION
Another Inquest Likely to
Be Held on Body of
Second Victim
TAssocIated Press1

reason of strychnine admins
tered in q capsule by DR.. B. c. Hyde,
husband of the millionaires niece, ac-
cording to a verdict Of the coroner's
jury in Independence today.
Whether the drug was administered
with felonious intent the jury said in
its verdict it was unable to determine.
The jury was out little more than
an hour. The greater part Of this
time was devoted to discussing the
case. Only one ballot was necessary.
Although there were numerous and
hurried consultations between attor
neys for the state and DR.. Hyde and
his legal advisers, and although ru-
mors regarding the probable prosecu-
tion were plentiful tonight, the case
stands Just as 1t did when the coro-
ner's jury rendered its verdict.
Prosecutor Virgil Conkling refused to
discuss his plans. He said positively,
however, that he would confer with
his associates in the prosecutors office
before he took any action. He and
Henry L. Jost, first assistant circuit
attorney, who has done the major por-
tion of the investigating for the state
In the Swope mystery, will confer to-
morrow.
Inquest Planned
It is said tonight that Coroner Zwart
will begin an inquest over Chrisman
Swope's body as soon as the official
report of the physicians who are ex-
amining the stomach and liver is re-
ceived.
J. E. Trogden, coroner's attorney,
would not commit himself on this ru
NOR
Dr. Hyde and his attorneys, John
M. Cleary and Frank P Walsh. spent
the evening together at the physicians
home They made no statement. Mrs.
Hyde is seriously Ill and the physi
clan. is devoting all his spare time to
her.
The suit that Dr. Hyde has pending
against Attorney John G. Paxton, DR..
Frank Hall and DIR. Edward T. Stew
art for damages, for 100000 for al
legged libel, viii be dismissed if DR..
Hyde is pressed for depositions in the
case now, 1t Is reported tonight.
1t is expected the deposition con-
test, which waged SO fiercely last week,
will begin anew, now that the inquest
is over.
If Dr. Hyde is ruff1ed by the verdict
he is concealing his feelings When it
was returned he asked his attorney,
John M Cleary:
What does it mean?"
Mr.. Cleary explained the verdict.
81 see," he simply said. Then he
asked his attorney to go to lunch with
him. A moment later they left the
building.
Scene at Inquest
The morning barely had started
when DR.. Zwart looked at a piece of
paper upon which he carried the list
of witnesses. His lips were just be-
ginning to frame the name of DR..
Hyde when Attorney Walsh arose and
bent over the table. The courtroom
became suddenly quiet. Walsh began
slowly:
1.-THE attorneys for DR.. Hyde have
advised him not to testify" he said.
''We don't care for him to testify, and
therefore, with our suggestion, he
must decline to be sworn
Another man was standing close by.
and in his hand there was copy of
a newspaper, the pages Of which were
being rapidly turned to certain
place. The man was Virgil Conkling,
prosecuting attorney. He. too, spoke
his words slowly, with precision and
almost coldly.
ST have here copy of newspaper
of February IT, he began. 'It con-
tains a signed statement by DR.. B. G.
Hyde, and in the light of his refusal
to testify I desire to"
There was an interruption from Mr..
Walsh, and this time the slowness of
the speech of the attorney was gone.
"If this is done for the purpose of
publication" he almost shouted, Il"
DR. Zwart was on his feet and be-
tween the two men, and for a few mo-
ments he and Mr. Conkling conversed
in whisper.
at must insist on it." DR.. Zwart said
to Mr. Conkling, and Just what the
conversation was about the audience
did not know
Soon there came the explanation.
Go Out Together
Certainly I'll see you privately, Mr..
Conkling," and together they left the
room.
When the coroner and the prosecut-
ing attorney returned DR.. Zwart said:
''I still hold that the coroner has the
right to examine witnesses and that
Or. Hyde was subpoenaed in the wrong
way. and is therefore entitled to
testify"
IT stated before that DR.. Hyde re-
fuses to be sworn to testify" promptly
replied Attorney Walsh, "and since
that"
There had come another interruption
by Prosecuting Attorney Conkling.
s'The prosecutor asks that the same
r1lle amply as with all witnesses" he
said Vehemently.
1--WE refuse to allow the witness to
testify," insisted Walsh.
''The coroner insists" Dr. Zwart an
swered hastily.
Counsel refuses to allow the wit
ness to testify"
DR.. Zwart sat down.
Then Virgil Conkling, still with the
newspaper copy of DR.. Hydes state
ment in his hand the statement in
which DR.. Hyde said he was ready and
willing to testify at any inquiry that
he was eager for an investigation and
anxious that the mystery of Col.
Swope's death be cleared up, looked at
DIR. Hyde, at the attorneys and the
spectators. His voice became hard.
'"rhen,". he said. 'that is sufficient
for the purposes of the prosecutor"
This ended the incident and DR. w.
V. Gayle. Kansas City physician,
was called to give expert testimony on
the effect of strychnine upon the hu-
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