Los Angeles herald., 1910-04-29
! PAXTON D|SCLAIMS
HATRED FOR HYDE
SWope Executor Says He Hoped
at First Evidence Would
Be Lacking
DRUGGIST EXHIBITS POISON
Rubs Cyanide of Potassium on
Hands, and Witness Rec
ognizeS 0dor
DRUGGIST EXHIBITS POISON
IAasocIated Pressl

KANSAS CITY. April est was
with the hope that DR.. Hyde would be
purged of all suspicion that John G.
Paxton, as a personal representative of
Mrs. Logan .. SWope, began the IN
vestigation Of the Swope tragedies, he
testified in the criminal court today.
During the afternoon session attor-
neys tried to prove Mr. Paxton mar
bored malice against DR.. Hyde when he
began his investigation.
Mr. Paxton disclaimed that he did.
When DR.. Hyde was ordered from the
Swope home on December Is, said MI
Paxton, he shook hands with the physi-
elan. DR. and Mrs. Hyde laughed
heartily when Mr.. Paxton told about
his employing detectives.
Asked why he employed the sleuths,
he said:
ITO shadow DR.. Hyde ana prevent
him from escaping"
Calling attention to the fact that the
defense had served subpoena duces
tecum on Mr.. Paxton, ordering him TO
produce the papers which passed be-
tween him and the scientists who made
the autopsy on Colonel and Chrisman
SWope, Attorney Walsh asked the court
to force the witness to give them TO
DR. Hydes attorney.
Judge Latshaw refused the request,
and said:
"If all the states evidence were to be
turned over to the defense in criminal
cases you might as well lock the front
doors of the jails and open the back
DOORS"
DRUGGIST QUESTIONED AGAIN
Attorney Walsh requested that Hugo
Brecklein be recalled to the witness
stand when court convened this morn
ing.
isn't cyanide of potassium used in
ternally in quantities of one grain Tor
cases of acute rheumatism asked Mr.
Walsh.
1T is" replied Mr. Brecklein.
isn't 1t used for removing nitrate OF
silver?"
"The medical books say ii is, but
never sold any for that use
Prosecutor ConlCling asked Mr.. Breek-
lein TO put some wet cyanide on MS
hands.
Attorney Walsh launched upon a
vigorous protest against the court per-
mitting the witness to make such an
exhibition He said ii was for the pur-
nose of extending the evidence of Miss
Van Nuys. a nurse, who testified yes
terday that she smelled cyanide on the
hands of Thomas IL. Swope on Decem-
ber IS after he had handled some cap
sues dropped by DIR. Hyde.
Attorneys Brewster and Lucas also
spoke.
Judge Iatshaw listened attentively,
and when Mr.. Lucas finished said
gravely:
.'The court is not going to try this
case on its sleeve 1t is not going to
think in case of conviction of the suf-
fering of the shame of others besides
the defendant. 1t cannot forget the
pale and sad faces of the relatives or
the dead. The court will try this case
on the law and that alone.
OyERRUIIES OBJECTION
by some means the attorneys for
the defense came into possession of the
grand Jury notes. There is no need
for surprise on account Of the testi-
mony shown. The grand jury indict-
ment charges that strychnlne ana
other poisons were found. ] will there
fore overrule the objection to this tes-
tlmony II is admitted"
Mr. Walsh held whispered conver-
,sation with Attorney John NJ. Cleary,
and then, speaking rapidly, addressed
the court.
mir. Cleary hears that Thomas II.
Swope, jr.. is in the prosecutors office
with cyanide sprinkled on his body,
and is ready to come into court with
this odor on his clothes"
''If such is the case, have every odor
of cyanide removed before he is called
as witness" ordered the court
Miss Van Nuys was summoned and
she smelled the poison on Mr.. Breck-
lein's hands. She said il was the same
odor that emanated from the hands of
Mr.. Swope. Prosecutor Conkling asked
that the jury be permitted to smell Mr..
2reckleins hands. The court refused
to grant the request
Thomas II. Swope, jr., was called as
the next witness. Telling of his find
ing the capsules Mr.. Swope said:
"On December Is while walking down
Pleasant street in Independence l saw
DIR. Hyde approaching me. a block
from me he crossed the street
FINDS BROKEN CAPSULES
"Just after he stepped off the side
walk he dropped something and
stepped on it. A SECOND time he re-
peated the action. When he passed on
/ went to the point where the articles
had been dropped and found a broken
capsule in the snow. 1 put it in my
pocket.
"Going home showed the capsules
to Miss Van Nuys and my mother. l
noticed a peculiar smell about my
hands. 1t was like burned almonds.
Miss Van Nuys smolled them when l
called her attention to it.
Three or four weeks later l recalled
/ had smelled the odor before-it was
that of cyanide of potassium"
Mr.. Swope, who worked in a mine
in Tonopah, New, IN 1907 and lost his
right arm there testified he used cy-
anide in testing gold and was familiar
with its odor. Accompanied by John
G. Paxton, an executor of the Swope
estate Mr.. Swope said he returned to