Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-04-28
hyde N DURANGO;
JURY DO[SN'1 | KNOW
PRISONER SURRENDERED TO
SHERIFF BY ORDER OF THE
COURT.
STATES STRONG EvIn see
CAUSES RELEASE OF -lDsMEN
5.
Testimony Of Witnesses wing His
Purchase and Handling Scyanide of
Potassium Causes Gov = to Act. =
Hyde's Incarceration Not Revealed to
the Jury.

Kansas City, April 2s.-Thomas II.
Swope, Jr., told the court today how he
found capsules which he said he saw
Hyde throw away in the street, and
recognized the odor they emitted as
cyanide of potassium, with which he is
familiar.
At noon Judge Latshaw ordered that
at all times Hyde should be brought
into and removed from the court room
out of the presence of the jury, in or
der that the jurymen might not know
he is in the custody OF the authorities.
Hyde Ordered to Jail.
DR.. B. c. Hyde's bond of $100,000
was revoked and the physician was
placed in the county Jail by the order
of Judge LatshaW at the close of the
criminal court session last night. This
actions means DR.. Hyde must remain in
prison until he is declared innocent by
a jury, or is permitted by the court to
furnish a new bond.
The action of the court was due to
the nature of the evidence presented
by the state against DR.. Hyde. With
out notifying any one of his intention,
Judge Latshaw summoned County
Marshal Joel b. Mayes into the court
room, after the jury had been removed
and said:
Tin view OF the testimony that thus
far has been given in the trial the
court is constrained to say it amounts
to a presumption that. under the law.
deprives the defendant OF the right
to go on bond, and he is hereby re-
manded to the custody of the mar
shall"
Mrs. Hyde stared at the Judge as he
spoke and when he had finished she
threw her arms about her husbands
neck and sobbed Historically.
Mrs. Logan O. Swope arose from her
seat and hurried from the courtroom as
soon as she understood the import of
the judges words. Later, when she
met Mrs. Hyde standing with an at
torney in the hall, sobbing. she passed
quickly by, entered her automobile, and
was driven home.
Scarcely had the court ceased speak
ing when Attorney John Lucas, repre-
senting DR. Hyde, had the following
statement entered in the record:
'"The defendant maintains and al
leges that the remanding of him to the
county jail pending the decision of his
case will have the effect OF prejudicing
his right before the jury, it being con-
strued as a declaration on the part of
the court against his interest and lead
ing the jury to believe him guilty OF the
offense charged, and asks the court to
rescind the order upon that ground"
"The defendant will not be locked up
with the. jury nor in the same place
with them, and the knowledge can not
come to the jury from anything that
the court can prevent" answered Judge
Latshsw.
Deputy Marshal Joseph p. Gilliwee
took charge of the prisoner. Mrs Hyde
left the room ln the company of friends
and DIR. Hyde was taken away to Jail.
Four. persons testified today that in
September and December of last year
DR.. Hyde purchased at Hugo Breck-
lein's drug store here twenty five-grain
capsules of cyanide of potassium. When
warned against using the poison and
leaving the drug about his premises.
DIR. Hyde said he wanted to kill a dog
with it, the witness testified.