Omaha daily bee., 1910-05-17
Every Attorney in Case Had Given Up
Hope of Agreement.
WILL MOVE FOR NEW TRIAL
II This is Refused Appeal Will Be
Taken.
PRISONER MUST STAY IN JAIL
Missouri LAW Does Not Permit RE-
lease on Bond of Persons who
Have Been Convicted of
Murder.

KANSAS CITY May l6.-Behlnd the bars
of the county jail DR.. B. Clark Hvda I,
confined convicted of numbering Colonel
Thomas H. swope, his wlfe's uncle on last
october 3, The jury, after being out since
last Friday, returned it's verdict this
morning, The prisoner smiles
Out In her fashionable home on Fores
avenue Mrs. Hyde and two sisters of H.
convicted man weep and hope. All of the
believe the supreme court will reverse T.
decision.
In Independence Mrs. Logan O. swo,e
mother-ln-law of DR.. Hyde, is near col.
lapse She Is glad TO be endorsed by n iurv
Tor ceaseless prosecution OF her daushte,,s
husband, but the shock of the conviction
mas made her nervous and weak She was
not present today when the verdict was
returned.
Dr. Hyde will be sentenced late this week
AT first Judge Latshaw thought he yould
sentence the prisoner Thursday. but II will
probably be Saturday The physicIan's at
torneys Will ask for a new trial and then
appeal the case. BY law, Or. Hyde cannot
now be admitted to bail
Verdict is Returned.
DR.. B. c. Hyde was found guilty. at 1o.9a
II
Swope. His punishment was fixed at life
imprisonment
"oh, Clark" cried Mrs Hyde when the
verdict was read by Judge Latshaw.
She threw her arms about his neck and
wept silently. Then she patted her hus
band on the cheek
DIR. Hyde sat motionless He lookad
firmly at Judge Latshaw while the verd,ct
was being received. AS the words i'm
prisonment in the state penitentiary during
, his natural life' were pronounced his ewes
fell upon the floor.
Don't worry, dearie," Dr. Hyde said IN
his wife as she c,asped him in her arms.
a Mrs. +. N. HOPKINS and Miss Laura
! Hyde, sisters OF the physician. looked dis
tressed. but did rot break down. They
tried to comfort Mrs. Hyde and appear
I brave before her.
we hope for the best" they said 1--WE
don't understand this verdict. Clark ia
innocent"
i haven't lost hope" declared DR.. Hyde
/ Hyde Taken Back 10 Cell.
Within ten minutes after the verdict had
oeen returned the physician was on his
way to his cell. Mrs. Hyde remained in
+, the court room for some time, She was
d extremely weak. Neither Mrs. Logan q
Swope nor any of her children except Mrs
llyde was In the room when the Jury re-
a ported
5 The physician vii BE- sentenced in open
! court by Judge Latshaw either Thursday
or Friday The law allows the defense
four days in which to file a motion for a
. new trial.
Treat that prisoner the same as any
! other" Judge Latshaw ordered County
Marshal Joel b. Meyes Give him a few
l. privileges and no luxuries"
The usual custom of permitting prisoners
! to send out for their meals will apply in
- DR.. Hyde's case but hes must sleep in a
cell.
VIII Ask New Trial.
Il will file a motion for a new trial and
: then take an appeal in the case" said
, Frank p. Walsh, chief counsel for DIR
l. Hyde.
The verdict came Unexpectedly. Every at
n torney in the case had given up hope of
n the jury, which had been out since Fridsv
n night, coming to an agreement 1t was
n reported this morning that one iuryman
n vowed that he would vote for acqulttaI
n until die of old age"
n Judge Latshaw was obviously perturhed
n by the actions OF the jurymen Half an
u hour before the verdict came in he de-
n cided to change his plan OF dscharRin9
IL the jury tomorrow morning II they did NOT
n agree. He planned to hold them for sev.
n eral days longer.
:, n Crowd Quickly Gnthers.
It Only a small crowd was In the court
room when the announcement came that
- the verdict was ready. However the news
e spread rapidly and every inch of space in
- the court room was occupied when the
Judge took his seat,
- There must be absolute quiet in the
room" said the court. The marshal ls
ordered to arrest anyone making a demon
stration."
From out Of little side room DR.. Hyde,
: his wife ana his sisters walked and sat
} down at the defenses table. The overcoat
the physician had worn for two DAYS, as IL
ho were ready to 80 home was conspic-
uously absent
u Judge w. T. johnson and John A. Lucas
3 attorneys for the defense came in and
=, sat down. All Of the states attorneys
were present
The group at Dr. Hyde's table was hone
ful but inclined to nervousness Renorts
I" unauthorized, but persistent, were that for
" many hours the vote had been eleven to
y one for conviction. The arrival at an
agreement made It practically certain the
~ physician had been found guilty. But in
"a the face OF all the discouraging pros
III poets. Mrs. Hyde tried to be brave.
II think II will be all right" she said
~ to her husband. and smiled
. Little time was wasted in reading the
- verdict, The crowd heard II, and, at the
. marshaTs orders, arose and silently trooped
=, out OF the room. There was no more con
- fusion than II the throng had been leaving
~ a theater.
10 Jurors Go Home.
ID Judge Lntshaw thanked each OF the
* Jurors individually and then they hurried
sr home And they were glad to go. for It ls
Is just five weeks ago today that the trial
X started.
An hour after the verdict was reached