The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-05-12
EITHER MURDER Or
HYDE IS INNOCENT
Court InStructS Jury That They
Cannot Find Verdict of
ManSIaughter.
OPENING ADDRESS MADE
DEFENDANT GRINNED WHEN
LAWYER WAS MOST SEVERE.

Kansas City, May 11.-All of the re-
buttal testimony was completed, the
courts instructions were delivered to
the jury and one of the states closing
murder trial today.
By Judge LatshawS instructions to
the jury, the accused physician either
must be found guilty of first degree
Imprisonment, or must be acquitted.
None of the testimony admitted in the
trial was withdrawn by the court from
the jury. All the issues collateral with
the alleged killing of Colonel SWope
were admitted with this explanation:
The evidence introduced as to other
transactions, if any. are submitted 20
your consideration for the sole purpose
of throwing light Off they have that
effect, upon the intent and motive of
the defendant (if any in the transac-
ton for which he is now on trial, and
for no other purpose
Special Instructions.
Special instructions were given the
jury regarding the testimony of Mrs
Hyde and of the medical experts for
both sides. In these connections the
court said:
The wife of the defendant is
competent witness in this case, and you
must consider her testimony in arriv-
ing at your verdict, but in determining
what weight and credibility you will
give to her testimony in making up
your verdict, you may take into con-
sideration her interest in the result of
the case and that she Is the wife of the
accused party on trial, testifying in
his behalf.
The opinions of experts who have
testified in this cause is testimony
which the Jury should consider and ex-
timony in course, subject to the rules
OF credit or disbelief as ire testimony
of other witnesses"
Attention was also directed by the
oOIFrr tho fact that all evidence
against Dr. Hyde was circumstantial.
BY the law in this state, the in
structions to the jury were read be-
fore the attorneys began their argu-
ments.
Opening Argument.
Assistant Prosecutor Henry l. Jost
opened the argument for the state,
talking for two hours.
Three more speeches will be made
by each side Ten hours are given to
each set of attorneys in which to make
their addresses.
The main part of Mr.. Jost-s address
was confined to the illness and death
of Colonel Swope.
DR.. Hyde's alleged crimes were COM
mitted, said Mr.. Jost, for the purpose
OF obtaining money The attorney
pointed out how the death of Colonel
Swope would benefit Mrs. Hyde to the
extent of about S257. 600, and the death
of Chrisman and Margaret Swope about
s750,0OO. He also told of Colonel
Swope's plan to give s1,5O0,000 to the
poor of Kansas City.
II DIR. Hyde used the proper course
in bleeding James Moss Hunton, said
-1r Jost, he treated Colonel SwOpe
improperly. provided the latter had
apoplexy-
DR.. Hyde became attentive to the
Swope family during the typhoid cpl
demic, merely to have chance to
commit crimes he is charged with, ar
gued the attorney.
The testimony of DR. and Mrs. Hyde,
f-rI1r
rehearsed by the defendant and his
wife and was simply an effort to save
d man who stood in the shadow of the
gallows.
Throughout the castigation of her
Son-in-law, Mrs. SWope sat, surround
ed by all her children but Mrs. Hyde.
and wept. When Mr. JoSt turned and
pointed at DIT Hyde severa! times in
the course of the address, the physi-
clan grinned at the speaker. Mrs.
Hyde's face showed no emotion