The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-05-12
Testimony Is All in and Judge
Delivers His Instructions
to Jury.
FIRST DEGREE MURDER
OR ACQUITTAL. SAYS COURT
Arguments Open and May Con-
tinue for Two Days, in
Noted Case.

KANSAS CITY, May 1l.-Arl Of the
rebuttal testimony was completed, the
courts instructions were delivered to
the jury and one Of the state s closing
arguments was delivered in the Hyde
murder trial today
! BY Judge Latshaw's instructions TO
the jury, the accused physician either
must be found guilty Of first degree
murder. punishable by death OF life i'm
, prisonment, or must be acquitted
Mono of the testimony admitted in
the trial was withdrawn by the court
from the Jury. All the issues collateral
with the alleged killing of Colonel
Swope were admitted with tins explana-
| ton;
FThe evidence introduced as to other
transactions, if any, are submitted to
Your consideration for the sole purpose
Of throwing light Of they have that
effect), upon the intent and motive of
the defendant, If any, in the transac-
ton for which he is now on trial, and
for no other purpose
AS to Expert Testimony
Special instructions were gwen the
jury regarding the testimony of Mrs.
HYDE and Of the medical experts for
Dom SlueS, In tlcSp connections the
court said.
"The wife of the defendant is a
competent witness in this case, and you
must consider her testimony IN arriv"
ing at your verdict. but in determining
what weight and credibility YOU viii
give to her testimony in making up
your verdict, you may take INTO consid-
Grafton her interest in the result of the
ease and that she is the w.re of the
MY Ir,a win in IN
behalf.
The opinions of experts VINO have
testified in this cause is testimony which
the Jury should consider and examine.
in connection with all other testimony
in course, subject TO the rules of credit
! or disbelief as the testimony OF other
witnesses.
Attention was also directed by the
court 10 the fact that all evidence
against Dr. HYDE was circumstantial.
BY the law in this state. the instruc-
tlons to the Jury were read before the
attorneys began their arguments
Assistant Prosecutor Henry l.. Jost
opened the argument for the state, talk
ing for two hours.
Three more speeches will be made
for each side. Ten hours are given to
each set of attorneys in which to make
their addresses.
The main part of Mr.. lost ad
dress was confined TO the illness and
death of Col Swope
DR.. Hyde g alleged crimes were com
mitted. said Mr. .Jost, for the purpose
of obtaining money. The attorney
pointed out how the death of Col.
Swopc would benefit Mrs. Hyde to the
extent of about S257 900, and the death
of ChrIsman and Margaret Swope, about
S750,000. He also told of Col, Swopc S
plan to give Sl,5o0,oo0 to the poor of
Kansas CITY.
If DR. Hyde used the proper course
in bleeding James Moss Hunton, said
Mr.. Jost, he treated Col, Swope i'm
properly, provided the latter had
apoplexy.
Dir, Hyde became attentive to the
Swope family during the typhoid cpl
demic merely to have chance to com
nit crimes he is charged with, argued
the attornev
The testimony of DR., and Mrs Hyde,
avcrrcd Mr.. Jost. had been carefully re
hearscd by the defendant and his wife,
and was simply nm effort to save a man
who stood in the shadow of the gallows.
Throughout the castigatlon of her
son-in,l law Mrs. Swope sat, surrounded
by all her children but Mrs, Hyde, and
wept When Mr. Jost turned and
pointed at DR.. HYDE several times in
the course Of the address the physician
grinncd at the speaker. Mrs. Hyde IS
lace SnO"eQ no emollOn.
Concluding Testimony
Determined attacks were made by
the state in the Swope poisoning case
today upon Mrs. B, c. Hyde's story
regarding the whereabouts of her
brother Thomas on the night of Decem-
Der IS, and the testimony of DR.. Hyde IS
chemists in relation to the formation Of
hydrocyanic gas in a corpse.
Mrs. James II. Clinton cf Independ
ence swore Mr.. Swope telephoncd DR.,
Twyman from her residence on De
cember is at time when Mrs Hyde
had testified he was at Mrs. Swope 8
residence with her,
Mrs, Clinton said Mr. Swope held
something in his hand while telephon
ing. Mr.. Swope testified it was cap
sules said TO have contained cyanide, |
which were dropped by DR., Hyde. that
he held.
Two scientists. Professor Paul
Schweitzer and Professor B. y. Cady, |
swore il was impossible for the amalga.
nation of formaldehyde and ammonia |
to produce hydrocyanic acid in dead
body.
Moro than dozen witnesses ap-
pearcd today to give rcbuttal testi-
mony for the state in the trial OF DR..
B. c.. Hyde for murder.
Every nurse that gave direct testi-
mony for the prosecution wns present
to again take the stand. In the stories
of DIR, and Mrs, Hyde there were fire.
quent contradictions Of the nurses mar
ratives.
Confident of Acquittal.
DR.. Hyde is confident no Is to be freed.
I'm going 10 continue to practice mod
lcine right here In Kansas City" he said
In discussing his case. TN show the
people l am not as bad as I havo been
painted"
C. NJ, Briggs. chemist OF Detroit,
Mich, was the states first witness today
In the quinlne employed In the manufac-
ture OF the iron, strychnine and Quinne
elixir taken by Col. Thomas II. Swope.
said the witness, there was less than l
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