The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-04-29

In case OF conviction OF the suffering and
shame Of others besides the defendant.
Neither Is 1t going to forget the two
1t cannot forget the pale and sad faces
OF the relatives OF the dead. The court
will try this case on the law and that
alone.
Roast for the Defense.
by some means the attorneys for the
defense came into possession OF the grand
jury notes These attorneys knew what
jury. and what evidence would be pre-
sented here. There is no need for sur
prise on account of the testimony shown
The grand jury, indictment charged
that sUychnine and other polsons were
found. l Will therefore ovcrrule the OBJ
lection TO this testimony being admit
ted"
MIR. Walsh held a whispered oonversa-
ton with Attorney John NJ, Clcary, and
then. speaking rapidly, addressed the
Mr. Cleary hears that Thomas H
Swope, Jr, is in tho prosecutors office
with cyanide sprnkled on his body, and
Is ready 10 come into court with this
odor on his Clothes"
III such is the case. have every odor OF
cyanide removed before he is called as
witness" ordered the court.
Miss Van Nuys was summoned and she
smelt the poison on Mr., Brccklein's
hands. She said IL was the same odor
that emanatcd from the hands of Mr..
Swope. Prosecutor Conking asked that
luc jury ne permitted 10 smell Mr..
Brocklcjns hands. The court refused to
grant the request.
Thomas II. Swope, Jr., was called as
the next witness.
Telling of his finding the capsules Mr..
Swope said:
"On December is, while walking down
Pleasant street I'm Independence, l saw
DR.. Hyde approaching me. y block from
me he crossed the street.
Just after he stepped Off the sidewalk
he dropped something and stepped on Il.
second time he repeated the action.
when nc passed on went to the point
where the articles had been dropped and
found n broken capsule In the snow. 1
put il in my pocket.
Going home, l showed the capsules to
Miss Van Mugs and my mother, ! no
tlccd n peculiar smell about my hands
II was like burned almonds. Miss Van
Nuys smclt them when l called her at
tcHtion 20 1t,
Three or four weeks later recalled
had smelt tho odor beforc-it was that
Of cyanide OF potassium"
Mr.. Swope who worked in mine in
Tonopah. New. in 1907, and lost his right
arm there. testified he used cyanide In
testing gold and WAS familiar with It's
odor.
Accompanied by John C. Paxton. an
executor Of the Swopc estate. Mr.. Swopc
said. he returned 10 The place where the
capsules were dropped and there found a
fragment from three capsules. The
fragments were scrapcd up and placed in
an envelope. he testified.
Mr.. Paxton took the capsules to Chi
cago and scientists reported there was
cyanide in them.
The witness said he read very little of
tho Swopc case in the newspapers. BY
hearing his mother speak or cyanide.
he said he identified the drug he had
handled
Il stepped into a room one. day and
heard my mother say cyanide 10 some
one" he said. That's what l smelt.' l
Instantly said to myself"
Mr.. Walsh desired TO interrogate the
,Is Of ai
from Jordan. the 'yarb" man. nj any
time Mr., swopc had dealings with him.
Mr.. Walsh said he expected TO show
that the Swopcs took the YARDS tor nine |
years, Mrs. Hyde, he said. would testify
ChrIstman took the medicines UP TO the |
day before his death and that Margaret
Tho court held that only testimony |
about the purchases of Jordan's remedies I
during September, October. November |
and December would hc admitted. The !
defense objected TO the ruling.
Thomas II. Swope was excused after |
being asked n few questions at the after |
noon session. John 6. Paxton followed |
as witness, lie said for fifteen years !
he had heen attorney for Mrs. Logan O: /
Swopc and was one OF the executors of
Colonel Swcpc's estate. He corroborat ted |
Thomas II. Swopc's story about picking |
up capsules.
stomach OF Margaret Swopc We're taken |
by him 10 Chicago for examination, said /
Mir Paxton. This was the extent Of his .
direct testimony.
Wrangle Over Papers
MIR. Walsh cross cXumincd the witness. !
Ills first question was il MT Paxton had |
with him the communications which !
passed between him and the state sClcn-
lists. \ subpoena duces tecum had been !
served upon Paxton. An argument out of
the hearing Of the jury followed
There is no way of getting these pa /
pers other than by subpoena duces !
tccum. is there" Mr. Walsh asked the |
court.
Not until they are found" replied |
judge LatShaw.
is IL possible that every timo / enter |
into a discussion those papers must bc |
referred to?" asked MIR, Walsh. II ask |