The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-19
Are Laid Down by Walsh in
His Opening Address.
THEDEFENDANT'SL LIFE
Is Held Up in Review Before
Court and Jury.
Declares Contents of SwOpe Will
Were Kept Secret.

| hdhsdS Clty, MO-, April ia Wig
orous attack on expert medical testi-
mony, severe criticism of the methods
pursued by the prosecution in gath
ering evidence and a general denial
of every charge made by the state
against DR.. B. c. Hyde, marked the
opening statement of Frank p. walsh,
chief counsel for the defense I'm the
Swope murder trial here today.
| Referring to the states chemists as
'hired men, the attorney remarkably
warned the jury that it was likely to
be tricked by the testimony of the
medical experts.
| The chemists who will testify are
DR.. Ludwig Hektoen and Walter 5.
Halnes, both OF Chicago, and Dr. Vic
tor G. Vaughn of Ann Arbor. Mich.
Mr. walsh covertly charged that the
| reports of the chemists were altered
at times to suit the convenience OF
their employers.
The state had unfairly denied DIR.
Hyde the right of having the visceras
or Col. Thomas H. and Chrisman
Swope, so that the physician might
nave them examined for poison,
averred Mr.. Walsh.
Even theft had been resorted to in
order to obtain evidence against DR..
Hyde, the attorney said
He pointed to the taking of germs
from DR.. Hyde's Office as proof of this
statement
WIS SNOpc ASSallc0.
Mrs. Logan o. Swope was assaiIed
as the cause of DIR. Hyde's trouble.
Belief that DIR. Hyde had Influenced
his wife in money matter which Mrs
HYDE decided adversely to the desires
OF Mrs. Swope caused the first trouble
over Colonel Swope's will and preciDI-
Walsh.
The attorney also charged that it
was six hours after Mrs. Swope heard
of the fatal attack of. Colonel Swope
before she went to his room
Mr.. Walsh closed his address at
noon.
The first witness for the state. it
was announced, would be called this
afternoon. ass -
Extreme precaution had been taken
by DR.. Hyde's attorneys to keep their
defense a secret. Not charge nor a
denial had ever before been made which
might have given an indication of what
the physician expected to prove or dis
ously.
So large was the crowd today that
the court announced 1t would clear the
aisles after the morning session. More
than 100 women were present Mr.
Walsh began his address with a short
review of the life of DIR. Hyde from
his birth to the present time. 1.-The tes-
timony will show you. gentlemen. that
DR.. Hyde and his wife. who is a daugh-
ter of Mrs. L. o. Swope, have lived in
perfect contentment since their mar
riage and this point will prove of great
weight in this case" he said.
Taking up the death Of j. Moss Hun
ton. Mr.. Walsh said DR.. Hyde was not
his regular physician, but was attend
ing Col. Swope when he was called to
aid IN the case of Mr.. Hunton. DR. HYDE
was summoned from his home to give
treatment to Mr.. Hunton, the attorney
said, and the physician responded. That
Hunton was suffering from apoplexy,
there was no doubt. said Mr.. Walsh
nd bleeding fCa a6nf1t ed
correct, and was suggested by DR.. @.
T. Twynlan. the Swope family physi-
clan, who died yesterday.
"Dr. Twyman aided in bleeding Hun
ton, and tied the string which stopped
the flow of Blood he said.
And it was only when DR.. Twyman
thought enough blood had been drawn
that he fastened the string
Swope's VIII Kept Secret.
Touching on the life of Col. Thomas
H. Swope, the attorney told of how the
millionaire kept his will secret from
every person except his Office partner,
Sylvester Spangler.
THE testimony will show said Mr..
Walsh, ''that neither DIR. Hyde nor his
wife knew prior to Col. Swope's death
whether Mrs. Hyde would share in the
residuary portion OF the milltonaire'S
estate"
Speaking of the private life of Colonel
Swope, Mr.. Walsh stated that during
the last 25 years of Col. Swope's life
Ee was uIuIk CNSAI al dLtSAhOOA. IAiS
custom. of taking a tonic containing
strychnine was mentioned.
Mr.. Walsh denounced the attempts to
show that Col. Swope was not friendly
with DR.. Hyde
IF Col. Swope had good friend on
earth, it was Dr. B. c. Hyde" said Mr..
Walsh.
He did many deeds of kindness for
the millionaire and the old gentleman
appreciated it."
Admissions and DeniaIs.
No denial was made by Mr.. Walsh
that DIR. Hyde bought digestive tablets
and thew were given to Colonel Swope.
Nothing was mentioned to the nurse
who was in charge OF Colonel Swope
of any alleged popularity of the last
illness of the man until two months
after his death, averred the attorney
''It has been said that Colonel Swope
refused to take the digestive medicine
which DR.. Hyde asked the nurse to
give him. said Mr.. Walsh. This is
untrue The charge that DR.. Hyde
told her to make him take IT. VIII
also be proven false"
Colonel Swopes physical condition
was extremely weak at this time,
the death of his old friend, Moss Hun
ton. said Mr.. Walsh.
Reaching the part of his story deal
ing with the fatal attack of Colonei
Swope, Mr.. Walsh severely criticised
Mrs. Logan .. Swope, saying she failed
to go to the colonePs room until long
after she learned of his sinking spell
MRS. Hyde went to her mother at
$3.50 o'clock II the morning and beg
ged her to go to Colonel Swope's ROOM
Mrs. Swope refused and did not see
Colonel SwOre until O'Clock in the