Arizona republican., 1910-04-21
4 CLERKS CARELESSNtSS
Put Defense in Possession of Testimony Before the Grand Jury - Case in Which Trial Court Re versed Itself

Kansas CItN. Apfll -o--lh al St"fHiN
 court scene in which many lawyers addressed the court at the same time and handled charges of unfair play among themselves. the bond of pr B. c Hyde was almost revoked and at torneys for the defense threatened up on certain conditions to attempt the impeachment of q state witness in the Hyde murder trial this afternoon.
 The trouble all arose over an attache of Prosecutor Conkling's office losing the grand jury notes on the testimony nf pr. Walter :. Haines, and forty two other state witnesses. woman found the notes and gave them to Frank P Walsh. chief counsel for Hyde These notes. according to MT. Walsh. contain statements by Dr. Haincs that no cyanide of potassium was found in the Viscera of Colonel Swope and not enough poison in Chrisman Swopes Viscera to cause death
 If D1- HaineS SweaTs on the witness stand to any alleged facts other than these he will he prosecuted for per lury.'' said Walsh. Perjury is a cap itaI offense in murder cases.
 Prosecutor Conkling admits that this was the testimony Haines gave before the grand jury but he ayers that later the chemist found traces oi cyanide os potassium in both viscera. He will tes- tifv to this. says Conkling.
 Tn the meantime the papers had been returned to the state and the de fense is in possession of carbon copies. Judge Latshaw was of the opinion that he has no power tO deprive the defense of the copies.
 Miss Pearl Keller. who attended Col onel Swope in his last illness. took the stand after the upheaval She told about and acted out, in part. the en- tire scene in the millionaire's death chamber As Colonel Swope was un- able to speak during the latter part or his illness, when the attorneys asked Miss Keller about his actions. during this period. she was forced to explain in pantomine. Dr. Hyde ordered her to give Swope q capsule, upon. which hinges the case, said Miss Keller. Swope did not want to take the med icine. she testified. After he had taken il. he passed through eonvulsion. she said, and moaned, oh my God l wish l were dead; l wish l had not taken that medicine
 Dr. Hyde ordered two hypodermlc ir iections of strychnine when SwOpe's pulse WAS l40, said Miss Keller. She said that Dr. Hyde told her that Col onel Swope was plainly suffering from apoplexy
 ,alt faA ta toll nf ha phoid epidemic in the Swope home. but ihe defense objected. contending that this was immaterial in the case of the death of Colonel Swope.
 The court held that he could not ad init any of this testimony until the state had showed its connection This action caused much surprise. Earlier in the day the court had held that the state might introduce testimony relative to the death of Moss Hunton, which the defense contended was as irrelevant as the typhoid cases.
 The particular point of objection was to giving the details Of the death of Hunton. The court held that the state was attempting to prove mo- tive on the part Of Dr. Hyde in the al- legged killing of Hunton.
 Miss Keller immediately began to tell of the death or Hunton. She said he was suffering from apoplexy when Dr. Hyde called. He and Dr. Ivy man bled the patient.
 'Dr Hyde made the incisiOn in | Hunton's arm" said the witness. Aft l er pint of blood was drawn. pr. | Twyman suggested there had been l enough bleeding. Dr Hyde dissented | and more blood was drawn. A second | and third time. Dr. Twyman objected, 1 but Dr. Hyde continued the bleeding. 1 Then Mrs. Hyde said to her husband, 1! 'Dearie. l think you had better stop | the bleeding. Dr. Hyde then closed | the wound. l took charge of the blood | and measured it and found there was | two quarts
 While the undertakers were still in | the house caring for the body of Hun ton," said Miss Keller later, "Dr. Hyde 1 met me in the hall and said. Pearl. | you have influence with Colonel | Swope. and l want you to see that I | am made administrator in Hunton's | stead l told him I could not do this. 1 as was only nurse. and the minute i l began to meddle in the business af- | fairs of my employer would be going | outside my province