The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-29
Physician Convicted of Murder.
ing Col. ThOs. HI. Swope
Is Denied a New Trial by Judge
Ralph Latshaw.
ARE TEN INDICTMENTS
Still Pending Against Him,
Charging Murder.
Or Attempted Killing of Others
of Swope Family.

Kansas City. June 29.-Dr. B. c.
Hyde, convicted on May 16 last of poi
soning Colonel Thomas H. Swope, the
millionaire philanthropist, was denied
a new trial by Judge Ralph Latshaw
in the criminal court here this morn
ing
Colonel Swope, who died last Octo-
Der. left an estate valued at more than
three million dollars. DR.. Hyde was
tried on the specific charge of muir
dering Colonel Swope by the admin
istration of poison while attending him
as physician.
There are ten other indictments
against the physician, charging him
with killing and attempting to kill va
rious members of the Swope family.
desired to kill the other heirs to get
possession of the estate through his
Wifes inheritance. Mrs. Hyde was a
niece of Colonel Swope
The prisoners attorney Immediately
filed a motion for the arrest Of judg-
/ ment and the Judge set Tuesday next
as the time for arguing the point
When this motion is disposed of next
week, the matter of appeal to the SUI
preme court and motion to release
DR.. Hyde on bond will be taken up.
Mrs. Hyde sat beside her husband
during the reading of Judge Latshaw's
decision this morning. Neither appear
| ed disturbed by the courts refusal tC
grant a new trial. Hyde smiled at his
wife as he was returned to his cell.
The Courts Reasons.
In regard to the charge of the de-
fenSe that he had prejudiced the jury
! against the, defendant in revoking the
latter's bond ana sending him to Jail
W bile the trial was in progress, Judge
Latshaw said ten of the jurors had
made afJid;tvits that they did not know
DR.. Hyde had been sent to Jail until
the jury'S verdict was not Influenced
by the courts action. Judge Latshaw
said he exercised the greatest care to
Keep from the jury the fact that the
defendant was in Jail and that the
charge that the jury was prejudiced
en- this account was not well taken.
He said the prosecutor had lost the
grand jury notes and was, therefore.
disarmed and he did not intend that
the court should lose the prisoner. He
said that had the defendant failed to
APPEAR in court, the court would have
been obliged to discharge the jury and
the defendant might have been i'm
mune from later trial because of the
publicity that had been given the evil
dence against him.
He said his action in admitting evil
dence relating to crimes charged in
other indictments against DR.. Hyde
ether than the one on which he was
tried, was legal and supported by num-
erous decisions which he cited. He
said that when a series of offenses
tended to prove a general motive, evil
depce relating to all of them was ad
nlisSible in trial where only one speci-
fic charge is made.
The court said that it was proper
to admit evidence that the defendant
lad used cyanide in committing the
crime even though the indictment read
that the deceased came to mis- death
by the administrator of strychuine or
other poisons He said the attorneys
for the defendant had the grand jury
rotes in their possession and were
aware of the fact that the grand jurors
had no knowledge that cyanide had
been used by the defendant. The lie =
fendant in his motion for a new trial
contended that the Indictment should
have stated specifically what poisons
were used.