Omaha daily bee., 1910-04-20
nefense Throws B1ame for PE@aeeu-
tion sll Mrs. Lsgan o. sTooe and
SAYS TestiunSny AEninst Client
in Purchased.


says TestiuaSzy Agninst Client
IA Purchased.
KANSAS CITY, No. April 1s.--Dr. B. c.
Hyde this afternoon made through his at
torneys. a formal application 20 the court
for copies of al letters passing between
John g. Paxton. MRS. L. o. swope and the
scientists who made the examination OF
the visceraB OF Colonel Thomas H. and
Chrisman swnpe.
The nurses charts kept during the Illness
of the two men we're also sought. Proaecu-
tor ConkIing agreed, after the application
had been mados to furnish the documents
requested The attorneys for DR.. hyde
promised not to press the application x Alr.
conkling would turn over the papers to-
morrow morning.
Oscar Cogswefl. clerk Of the probate
court OF Independence, was the first states
witness to take the stand. He was called
10 testify regarding the appraisers re
port Of the personal property and the VIII
OF Colonel swope, which were filed with
him. r
F. p. Childs and Jesse ]. Vineyard wit
nessas to the signing OF the WILL were
called and questioned few questions.
Nurse Takes the stand.
The first important witness for the state.
Miss Pearl Keller the nurse, who attended
Colonel swope In his last illness. took the
witness stand, at ais O'Clock On September
"A last. at the request OF Or Hyde, she
said. she went to. the swope home to at
tend Colonel swope.
THE physician 4old her, she testified that
while Colonel swone was not In a serious
condition, he was suffering from a bruised
shoulder. and needed some one TO be con-
stantIy In attendance upon him.
In order tG refresh her menery, Miss
Keller referred 10, her chart. Examination
Of this chart BY the attorneys showed Il
was not Kept during the last week AZ coi-
sr,,l s.~npsaa Illnsuu. .aslsalato auI,las AuERN
this was, the nurse said;
Colonel swope objected so strenuously
10 our keeping record that we had to
give II hb. and DR.. Hyde said the colonel
was dong so well II would be Unnecessary
10 keep q record"
Colonel swope. she said. was irritable
sftentihes The note 'srefused attention"
appeared frequently in the chart.
The Drug Record.
The first record OF swope taking any Of
the strschnine tonic which he obtained at
a drug store near his home, appeared IN
aer dat, OF September q Once or twice a
day. at this time, the patient would take
a teaspoonful OF this mixture, testified
Miss Keller HE talked OF returning TO
the city. I was well pleased with his con-
dition. We mere taking daily drives to-
gether.
"Buf when spoke to Or. Hyde about
my patients condition he said. Colonel
z
Scarcely had Miss Keller begun to tell OF
the apopIectic stroke. which on October 1
killed James Moss Hunton. when the de-
tense objected to testimony regarding Hun
ton, or any death or illness other than that
OF colonel Swope being admitted.
The jury was excused and preparation
made to argue this. which is perhaps the
most important legal question in the case.
Upon the courts finding depends whether
the death OF Chrisman swope the alleged
poisoning OF Miss Margaret Swope and the
typhoid epidemic in the Swope house viii
sdaees "ofthe csrt TAOIN sHRDLUU
bo included in the evidence against DR..
Hyde.
statement for Defense.
A vigorous attack on expert medical tes-
tlmony. severe criticism OF the methods
pursued by the prosecution in gathering
evidende and a general denial OF every
charge made by the state against DR.. B.
e. Hyde marked the opening statement OF
Frank P. walsh, chief counsel for the de-
fsuse today
Referring 20 the states chemists as
"hiTed men, the attorney repeatedly
warned the jury that 1t was likely to be
tTicked By the testimony OF the medical ex-
perts.
The chemists who win testify are DR..
Ludwig Hektoen and Walter s. Halnes
both Of Chicago. and Dr. Victor c.
vaughan OF Ann Arbor. Mich.
Mr Walsh covertly charged that the re-
ports of the chemists were altered at times
20 suit the convenience OF their employers
The state had unfairly denied Dr. Hyde
the right OF having the viseeras OF Thomas
H. and Chriaman swope so that the ply
sician might have examined them fol
poison, averred Mr.. walsh.
Germs Were stolen From Hyde.
Even theft had been resorted TO IA ordel
TO obtain evidence against DR.. Hyde. the
attorney said
He pointed 70 the taking OF germs from
Dr. Hyde's office as proof OF this state
ment
Mrs. Logan O. swope was assailed as tbs
cause Of Dr. Hyde's trouble Belief thai
Dr. Hyde had influenced his wife ia 4
money matter which Mrs. HYDE decided
adversely 20 the desires Of AIRS. swope
caused the nrst trouble over CoIone
swope's VIII and precipifated the whole
swope AFFAIR said Mr. walsh.
The attorney also charged that Il was 81,
hours after Mrs. swope heard OF the nata.
attack % Colonel swope before she went q
his room. Mr. Walsh closed his address y
noon.
Tho first witness Tor the state. Il was an
nouneed. would be called this afternoon.
So large was the crowd today thar n,
sourt said it would clear the aisles afte,
me morning session. More than 100 wonss
were present
Address Of Mr. walsh.
Mr. walsh began his address with I
short review of TIE lifo OF Dr. Hyde from
his birth 20 thas present
'Fhe testimony VIII show you. gentle