The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-17
Are Confidential Between the
Attorney and His Client.
MISS SWOPE CALLED
To Tell Of Her Trip From New
York With DIR. Hyde.
Examination Of the Doctor Is
Continued One Week.

Kansas City. Mo-. Feb. 17.-Judge
Powell of the circuit court at Inde-
pendence, Mo-, today overruled the mo-
ton filed by DIR. B. c. Hyde's attor-
neys to compel John G. Paxton to in
clude in his deposition in a civil suit
the contents of letters and other COM
munications from DIR. Ludwig Hektoen
of Chicago.
Mr.. Paxton's attorneys argued that
the communications were sent to him
as the attorney of the Swope family
and were, therefore confidential and
that Mr.. Paxton could not divulge their
contents without violating the confiden-
tial relationship existing between an
attorney and his clients.
The decision has an important effect
upon the Swope mystery, as DIR. Hyde's
attorneys had hoped to secure in Mr..
Paxtons deposition the evidence that
DR.. Hektoen probably will give before
the grand jury. No dispositions were
taken in the civil suit before noon, as
the attorneys were occupied with the
controversy over the Hektoen letters.
The grand jury continued it's investi-
cations today.
Miss Lucy Lee Swope, who was TAX
en- i'll with typhoid fever soon after
her arrival home from New York, in
company with DR.. Hyde last fall, also
was cause for contention today. Miss
SWope had not given her knowledge
of the mystery, and her testimony was
sought both by the grand jury and
Hyde's attorneys. Miss Swope had
been subpoenaed by Walsh but Prose-
cutor Conkling intimated that the
young woman might not be available
as witness in the civil suit.
Miss Swope will be asked to testify
regarding her trip from New York
iod NV fo mil
physician, who had been sent for her.
The preliminary hearing of DR.
Hyde, charged with the murder o1
Colonel Swope, was to have been held
today, but with the consent of all the
attorneys, Justice w. S. Loar of Inde-
pendence continued it until nexl
Thursday. John Atwood, attorney fol
the Swope estate. announced today
that DR.. Hel<toen. DR.. Walter Hainei
and DR.. ". C. Vaughan would not bt
called by the grand jury before mex
Monday. Mr.. Walsh stated that tht
grand jury investigation is causing DR.
Hyde no worry.
1--WE will be able to take all the
stamina out of the case when the time
comes" said the attorney.
The Typhoid Fever Charge.
Kansas City, Mo-, Feb. 17.-John G.
Paxton, in a sensational answer filed
in court today accuses DIR. B. C. Hyde
VI OdQ Id1lIl III II y4h6 W SCS0AO q ON1-
dence in his, PaXton's possession
tending the answer reads ito prove
that the plaintiff has murdered by
the administration of poison, Thomas
H. Swope and Chrisman Swope; has
also attempted to poison Margaret
Swope and by the same kind of treat
ment had communicated to the mem
bers of the Swope family, typhoid few
err
This was the first time that DR.
11,o
| communicating typhoid fever to the
members of the Swope family.
| Mr.. Paxton's amended answer was
filed in connection with a motion file6
by DIR. Hyde's attorneys to compe
Paxton to include in his deposition il
| a civil suit letters or other communi
cations he had received from DIR. Lud
wig Hektoen of Chicago.