The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15

before the grand jury to a severe course
of questioning. Although DR.. Hall tes-
titled before the coroners jury, the evt-
dence he gave yesterday in his deposit
tion was not brought out there. He
testified yesterday that from his obser-
Vations 1T the autopsy he was convinc-
ed that the death of Colonel Swope pos
sibly might have resulted from cerebral
hemorrhage, uraemic poisoning or con-
EeStion of the spinal cord At the in
quest he testified that the brain and
vital organs of Col Swope were prac-
tically normal
DR.. Ludwig Hektoen, of Chicago, who
also assisted in the autopsy testified at
the inquest that there was no evidence
of abnormality in the brain and vital
organs of the deal millionaire.
Discrepancy Develops.
The discrepancy which has already
developed in the testimony given at the
coroners inquest and in civil suit will
cause the grand jury to proceed with
the greatest care. That the grand jury
will be in session much longer than
was at first supposed. was the general
opinion expressed today by attorneys
interested in the case. Only two wit
nesses were examined yesterday. They
were the undertaken. who embaimed
Col. Swope's body, and the city clerk
of Independence with whom the death
certificate was filed.
It was stated today that the grand
jury might not be ready to hear DR..
Hektoen and the other specialists be-
fore the latter part Of this week and
r9ossibly not before next week. 1t had
been announced that DR.. Hektoen would
testify tomorrow.
The taking of dispositions in the civil
suit brought by DR.. Hyde against John
G. Paxton continued in the office Of
Mr.. Walsh today. The proceedings
were interrupted for a time while the
circuit court heard arguments on a
motion filed by Mr.. Walsh to compel
Mr.. Paxton to exhibit letters he receiv-
ed from DR.. Hektoen and make their
contents part of his deposition This
motion was argued before Judge Walter
Powell at Independence.
Paxton Must Show Letters.
Mr.. Paxton today filed an answer tc
the motion filed by Dr. Hyde's attor-
neys seeking to compel Mr.. Paxton tC
include in his deposition the contents Of
letters or other communications re-
ceived from DR.. Hektoen. Mr.. Paxtor
in his answer stated that in his rela-
tions with DR.. Hektoen he was acting
as the attorney for Mrs. Logan o
Swope. He said he did not have the
communications from DR.. Hektoen d:
Mrs. Swope made a formal demand fol
them and he had given them to her.
Mr.. Walsh raised the point that the
formal demand of Mrs. Swope may
have been made after Mr.. Paxton haC
been requested to make the communi
cations a part of his deposition. Tn,
court then continued the proceeding un
til next Thursday, instructing Mr.
Paxton to have Mrs. Swope and the let
ters from DR. Hektoen in court at tha
time.
John H Atwood and James A. Reed
attorneys for the Swope estate. an,
Frank P. Walsh and the other attor
neys representing DIR. Hyde partici
pated in the arguments before Judg
Powell. Much Importance attaches L
the decision of the court as Mr.. Paxtoi
has steadfastly refused to divulge an
detailed report that DIR. Hektoen nigh
have submitted to him.
While giving his deposition in tn
civil suit Mr.. Paxton was asked to stat
what reports DR.. Hektoen had made i
letters or other communications. Defy
ing the order of the notary. Mr. Paxto