The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1910-04-28
PINCHOI PROSECUTION BLOCKED
IN EFFORT TO REACH W|CKERSHAM


stand
Isn't cyanide of potassium used in
tcrnally In quantities of one grain Tor
cases Of acute rheumatism. for clean
ing sIlverware, for dropping into tho
eye, etc." asked Mr., Walsh.
TT Is?' replied Mr.. Brccklein.
Isn't IL used for removing nitrate
OF silver
The medical books say ii is, but
] never sold any for that use
Mr.. Walsh attempted 10 show that
cyanide was put TO many more com
Iuon uses
Mr. Brecklcln said he had sold the
poison so few times he could only re-
for the attorney to what inc books
said
Prosecutor Conleling asked Mr.
Brcckleln TO put some wet cyanide on
his hands
Attorney Walsh launched upon a
vigorous protest against the court
permitting the witness TO make such
ali exhibition. He said II was for the
purpose OF extending the evidence Of
Miss Lou E. Van Nuys, nurse who
testified yesterday that she smelt cy.
anide on the hands of Thomas H
Swope on December is, after he had
handled some capsules dropped by DR.
Hyde. Mr Walsh also said Ii was
unfair to permit any of the testimony
regarding cyanide to go before the
jury when the indictment against DR..
Hyde for the alleged murder of Col
Swope only charged that DR. Hyde
administered strychnine and other
poisons" no specifically cyanide.
The attorneys Brewster and Lucas
also spoke. Mr.. LucuS saying he de-
sired to speak at later time against
the court permitting any testimony re-
lating to cyanide going into the case.
Judge Latshaw said be was ready to
hear II then, and Mr.. Luous spoke at
some length. setting forth about the
same argument as that made by Mr..
Walsh
Judge LatShaw listened attentlveIy
and, when Mr.. Lucas finished, said.
grayely,
Il has long been the custom OF at-
torneys for defendant to 90 to ex-
tremes to save their clients. AT times
their acts have almost approached tho
criminal But | have nothing OF
personal nature to say to the law
yerS In this case
The court is not going to try this
case on Its sleeve. II is not going TO
uIink in case OF conviction OF the suf-
fering and shame of others besides
the defendant Neother is 1t goIng to
forget the two green graves that en-
ter into the case 1t cannot forget
the pale and sad faces Of the relatives
n Tho nnan Tho u-fll
case on the law and that alone
by some means, the attorneys for
the defense came into possession OF
tho grand jury notes These attor-
neys know what testimony was given
before the grand jury and what evil
dence would he presented here
There is no need for surprise on lc-
count of the testimony shown"
Prosecutor Conkling asked that the
jlry be permitted to smell Mr.. Breck-
lcin's hands. TO detect the odor Of
tho poison The court refused 10
grant the request,
Thos. n. SwoDe. 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.
saw DR. Hyde approaching me. A
block from me. he crossed the street
Just after ne stepped off the Sidewalk
he dropped something ana stepped on
it. a second time he repeated tho
action.
When he passed on / went TO the
roint where the articles had been
cropped and found a broken capsule In
the snow. put it In my pocket
Going home, ] showed the cap
sules 10 Miss Van Nuys and my moth
Ell 7 noticed a peculiar smell about
my hands. II WAS like burned al
nioDds. Miss Van Nuys smelt tbcm
when / called her attention to it.
Three of four weeks later, re-
called / had smelt the odor before
IL was that cyanide Of potassium"
Mr.. Swope, who worked in mine
in Tonopah. New. in 1907 and lost
his right arm there. testified he used
cyanide In testing gold and was ia
miliar with It's odor.
Accompanied by John G. Paxton. an
executor of the Swope estate. Mr.
Swope said he returned TO the place
where the capsules were dropped and
there found fragment from three cap
sules The fragments were scraped
up and placed in an envelope, he tes-
titled
Mr. Paxton took the capsules to
Chicago and scientists reported there
was cyanide In them.
E1~ 0DO mn mn