The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1910-04-21

dition and I told him he was dead.
He then hid his head under the covers
of his bed and moaned Poor Moss -"
The shock of Hunton's death did not
greatly unnerve Colonel Swope, said
Miss Keller. He did not do riding that
day out of Difference to Hunton, said
the nurse. Doctor Hyde was at the
house October 2 and again at night,
she testified
When Doctor Hyde came to the
house at night" she continued. I'VE
met in the hall He asked me if had
spoken to Colonel Swope regarding the
appointment Of an administrator to
succeed Hunton. I told him I had not.
The physician made no reply"
The last day of Colonel Swope's life
was entered upon at this point.
What was Colonel Swope's condition
when you first saw him on the morn
ing of October 80" asked Attorney
Reed for the state.
He was bright and cheerful" replied
the witness.
Spectators were barred from the
courtroom in the afternoon soon
the seats were filled. Disappointed
women pounded on the closed doors,
demanding admittance. Marshals forci-
bly, removed two women who insisted
upon occupying chairs reserved for at
torneys.
Attorney Walsh declared that he
had in his possession papers containing
notes of the testimony of DR.. Walter S.
Haines given before the grand Jury
which showed that the scientist had
declared that no cyanide of potassium
was found in the stomach of Colonel
Swope
PAPERS FOUND IN STREET
These papers, Walsh said, had been
found IN the street Inv and
turned over to him.
Walshs assertion followed a demand
of the court for Walsh to tell whether
he had In his possession papers belong
ing to the state.
"I refuse to answer" shouted Walsh.
Then bring in the jury" said Judge
Latshaw. striking the desk with his
fist
Walsh rushed forward to the bench
and made the startling statement.
The order for the jury to be re-
-urned was rescinded.
"A man holding papers belonging to
the state IS no better than a thief"
said a court hotly.
. Pointing toward the rail adjoining
the criminal court building, Walsh
shouted: Your honor, do you see those
gallows?"
Attorney Lucas interrupted and
Walsh did not finish the sentence.
PROSECUTOR OFFERS COPIES
Prosecutor Conkling broke into the
conversation and said:
IF these papers are returned we will
give the defense a carbon copy of
them"
1T is the proof Of mans innocence
that we hold" said Lucas
And the same papers contain evil
dence of the guilt of the defendant"
interposed Conkling.
Marshal, take charge of the defend
ant" said Judge Latshaw, rising from
his chair. II will look into this mat
ter"
Before Judge Latshaw had left the
bench Walsh expressed a desire to ex-
plain how the papers came into his pos
session.
AN advertisement was inserted in
local paper saying a certain woman had
found papers connected with the case.
went to her house and found that
they were these notes.
"PRooFs OF INNOCENCE"
They contained proof of my clients
innocence. With them in my possession
I could prove his innocence. BY refus-
ing to take them 1 thought 1 might
make a move that would cost the life
of an innocent man. / took the papers,
but told the woman to tell every one
who asked that 1 took the papers to
my Office"
The woman who found the papers.
Miss Eva Finney, a negress, was in the
courtroom and was, at the demand of
the prosecution, prepared to take the
witness stand.
When the court held that Walsh
should return the papers the witness
was excused.
After Walsh departed Attorney Reed
arose and said that he believed one of
the defendants counsel had intimated
that he was a liar.
EVERYBODY CALLED A LIAR
Everybody, including the court was
just passed" said Judge Latshaw, smil-
ing.
When Walsh returned the papers
Judge Latshaw spoke calmly and at
some length regarding the defense's
action in keeping the papers and the
tumultuous scene that resulted. He
bore no feeling against any one on ac-
count of the trouble. he said.
Let all proof that will tend to show
the guilt or innocence OF this defendant
be secured openly" he said THE court
will call out the militia to obtain such
evidence If necessary"
Just as the jury was filing into the
room the court asked Walsh IL he had
copies of Doctor Haines' testimony.
Walsh said that he had.
You might as well have kept the
original. but 1 doubt my authority to
force you to produce the copies" said
the court. But 1 win decide that
later