The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-02
Testimony Of Woman Who Is
Financing the Prosecution
Will End States Evidence
Against DIR. Hyde.
TO CLOSE WEDNESDAY.
Cross Examination of DIR. HEX
tOen Is Taken Up.
Defense Uses the Experts Own
Book Against Him.

Kansas City, Mo-. May 2.-By next
Wednesday night. Prosecutor Virgil S.
Conkling believes all of the evidence OF
the state against DR.. B. C. Hyde will be
before the jury. If the present plans
are not changed only three more wit
nasses Will testify for the prosecution
after DR.. Ludwig Hektoen complated
his testimony.
These witnesses are DR.. w. s. H4anes,
Dr. Victor c. Vaughn and Mrs. Logan
0. SwoDe.
The defense's cross-examination of
DR.. Hektoen. it was thought at the op-
en1ng of court today would be compile
Mrs. Ewope, who Is financing, in the
main. the prosecution of DR.. Hyde. win
be the last states witness. Her testi-
nonys 1t is thought, will be reached
appearance ON the stand as it is belev-
ed her. story will be full of human in
terest. When Mrs Swope gave her
deposition, recently, In a civil suit,
brought by the accused physician. ghe
refused to condne herself to answering
the questions asked her. The fight be-
tween DR.. Hyde's attorneys and Doc
tors Haines and Vaughn will center on
the alleged finding of cyanide of potas-
siun in the visceras of Colonel and
ChriSman Swope. The defense AYERS
this was only an eleventh hour report
made by the chemists in order to sup
port the states case. The charge that
cyanide had been used by DR.. Hyde
was not made until Attorney James A.
Reed delivered the opening statement
for the prosecution.
States Objection Upheld.
Judge Latshaw today upheld the
states objection to the defense's in
quiry of DR.. Ludwig Hektoen If repre-
Gentatives of DR.. Hyde did not call
upon him on March 1, and demand
parts of the visceras of Colonel ana
Chrisman SwoDe.
The defense did not request the court
to appoint a commission of medical ex-
perts to examine the remaining parts
of the visceras of the Swopes.
Scarcely had the session opened, when
Attorney Walsh began an attack on .ex-
pert medical testimony with DR.. HEX
teen in the witness chair. Reading from
a text book, said to have been written
by Doctors Hektoen and Walter Haines.
Mr.. Walsh asked the witness if his book
did nor advise experts on both sides
in a trial to confer in order to be able
to impress the court and the jury. DIR.
IIektoen said he never had read this
portion of the text.
Springs Another Book.
Attorney walsh grilled the witness
for failing to confer with the defense's
scientists, when the book said this was
the proper thing to do.
Doesn't the book say that experts
are liable to be biased?" asked Mr..
Walsh.
II don't know that it does. It all de-
pends on the expert, anyhow replied
DR.. Hektoen.
Mr. Walsh then questioned, with the
aid Of another book, said to have been
written, in part, by DR.. Haines, regard
ing the proper actions of an expert on
the stand in order to make good inn
preston with the court and jury. Tho
court held that DR.. Hektoen did not
have to answer inquiries made to him
in relation to the contents Of the book.
as there was nothing to prove he had
anything to do with the writing OF 1t.
The question Of the vtsceras was
again brought up by Mr.. Walsh He
chemists who called upon DR.. Hektoen
were authorized by Dr. Hyde to act.
The state agreed It would not object
to the witness being questioned about
done. DR.. Helxtoen then admitted he
had on March 1, refused the visceras to
the accused PHYSICIANS representa-
tives.
on March rs, said the witness, Attor-
ney John P. McGurdy called upon him
and DR.. Haines in Chicago had asked
for the visceras and was refused. DR..
Hektoela said that at that time he held
no parts of the visceras. The witness
also admitted he refused to tell the at
torney anything about the result of his
examination of the organs
Didn't you, shortly before March I.
receive from the prosecuting attorney
an order to look for cyanide?" asked
Mr.. Walsh.
IT don't know that did,, answered
the witness.
The Search for Cyanide.
About month before this trial be-
gan you wrote to Mr.. Conkling that
prospects for finding cyanide were
looking good?'"
"I may have expressed it that way"
Asked If q letter was not sent to DR..
Haines by the prosecution saying more
funds would be forthcoming, II neces-
sary, DR.. Hektoen struck the arm Of
the chair with his fist, and said:
There was not"
Mr.. Walsh demanded again the COM
munications which passed between tic
state and the scientists. The court
ruled against him.
The defense had the miSsives Satur-
day but returned them.
Mr. Walsh began a series of technical
questions regarding the examination OF
the brains.
Mr. Atwood did not like the course
the defense was taking and he and MT
Walsh exchanged compliments.
Here, here" said the court, striking
the bench, we're not trying this case
on packing house rules"
Six Inch Rain I'm Wichita.