The free lance. (Fredericksburg, Va.) 1885-1926, 1910-04-23
IN UPROAR
Proof of Hyde S Innocence
Found on Street.
DRAMATIC SCENE FOLLOWS
Grand Jury Testimony Favorable to
the Swope Murder Defendant
Gets Into Lawyers Hands
Strangely.
DRAMATIC SCtNf FOLLOWS

Kansas City. Mo. April 21.-Attor.
ney Walsh declared at the opening OF
the Hyde case that he had in his pos.
session papers containing notes OF the
testimony OF DR. Walter s. Haines.
given before the grand jury. which
showed that no cyanide OF potassium
was found in the stomach OF Colonel
Swope. and that. therefore. this prov
ed that his client DR.. b. c. Hyde. was
innocent
Mr.. Walsh said a woman had found
the papers on the street. The asser-
tion followed a demand OF the court
for Mr.. Walsh 10 tell whether he had
in his possession papers belonging to
the state
4 refuse to answer" shouted Mr.
Walsh.
Then bring in the jury" shouted
Judge Latshav. striking the desk with
his fist
Mr.. walsh rushed forward to the
bench and made the startling an
nounoement SIS to what the papers set
forth.
The order for the Jury to be re
turned was rescinded.
a man holding papers belonging to
the state is no better than a thief"
said the court. hOtly
Hold Proof Of Innocence.
Pointing toward the Jail adjoining
the criminal court building Mr. Walsh
shouted:
Your honor. DO you see those gal
lows?"
Attorney Lucas interrupted and
Mr.. Walsh did not finish the sentence.
Prosecutor Conkling broke into the
conversation and said: III these pa
pers are returned. we will give the de
Tense n carbon copy OF them
1T is the proof Of n mans innocence
that we hold" hotly said Mr Lucas.
and the same papers contain evi-
dence OF the guilt OF the defendant. ~
interrupted Mr.. Conkling.
Marshall. take charge OF the de
PENDANT" said Judge Latshaw. rising
from his chair Il will look into this
matter"
Before Judge Latshaw had left the
bench Mr. Walsh expressed desire
TO explain how the papers came into
his possession.
An advertisement was inserted in
local newspaper saying a certain
woman had found papers connected
with the case. I went TO her house
and found that they were these notes.
Then {; contained proof OF my
clients Innocence. With them in my
possession 7 could prove HIS Innocence
BY refusing TO take them I thought 7
might make a move that would cost
the life % an innocent man.
i took the papers. but told the wo-
man TO tell every one who asked that
took the papers TO my ONCE.
Mr.. Jost an assistant prosecutor.
came TO me before court opened and
asked me q had the papers. re-
fused TO answer"
tntinats Perjury Prosecution.
This is the most serious question
OF ethics with which I have ever had
to deal" said Judge I-atshaw Il have
20 doubt, Mr.. Walsh. that II Il had
placed your own life in jeopardy 70
return these notes you would not have
hesitated a minute"
The court then told Mr. Walsh to
return the papers TO the court and the
attorney went TO the bank TO get
them
Mr. Conkiins admitted the papers
actus''v p. been lost In the streets
by or "a h.s assistants.
DR. Haines would testify. said Mr.
Conkling. that cyanide was found IN
Colonel Swope's body.
Attorneys for DIT. Hyde declared
that In case DR.. Haines took the stand
and testified that cyanide had been
found they would prosecute him for
perjury.