Los Angeles herald., 1910-04-21
STORM BREAKS IN
HYDE CASE; WILD
THREATS HURLED
Even Judge Loses Temper and
Shouts DenunCiation at
Physicians Counsel
LOST EVIDENCE STARTS ROW
Woman Finds Notes Belonging to
State and Gives Them tor
ACCused'S Attorney
LOST EVIDENCE STARTS ROW
ASSOCIATED Press1


II stormy courtroom scene in which
IA many lawyers addressed the
court at the same time, banded charges
of unfair play among themselves, and
hurled the epithet liar back and forth,
the bond of Dr. b. C. Hyde was almost
revoked and attorneys for the defense
threatened, upon certain conditions, to
attempt impeachment of state wit
nesses, in the Hyde murder trial this
| afternoon.
The trouble all arose over the at
taehe of Prosecutor Conkling's office
losing the grand jury notes on the
testimony of DR.. Walter S. Haines, and
! forty-two other state witnesses. A wo-
man found the notes and gave them
to Frank p. Walsh, chief counsel for
DR.. Hyde. Mr.. Walsh stated he had
them and that they proved the inno-
cence of the defendant.
These notes, according to Mr.. Walsh,
contain statements of DR.. Haines that
no cyanide of potassium was found In
the viscera Of Col. Swope and not
enough poison was found in Chrisman
Swope's viscera to cause death.
"A man holding papers belonging to
the state is no better than thief"
said the court hotly, and this precipi-
tated the charges and counter charges.
| If DR.. Haines sWearS on the witness
stand to any alleged facts other than
these, he will be prosecuted for per-
jury, said Mr.. Walsh. Perjury is a
capital offense in a murder case.
! Prosecutor Conkling admits this Is
the testimony DIR. Haines gave before
the grand jury, but AYERS that later
| the chemist found traces of cyanide of
| potassium in both viscera. He will
tc-tify to this, said -Ir. Conkling.
PAPERS RETURNED TO STATE
| In the meantime, the papers have
| been returned to the state and the de-
| fense is in possession of carbon copies
! of the evidence. Judge Latshaw is of
the opinion he has no power to deprive
the defense of the copies.
After the excitement had died down.
Attorney Reed arose and said he be-
lieved one of the defendants counsel
! had intimated that he was a liar.
Everybody, including the court, was
called liar during those few minutes
just passed" said Judge Latshaw,
smiling.
Mr.. Reed sat down without further
words. -
Miss Pearl Keller, who attended Col.
| Swope in his last illness, took the
stand after the upheaval in court. She
told about and acted out, in part, the
entire scene in the millionaire's death
chamber. AS Col. Swope was unable to
| speak during a part of his illness,
when attorneys asked Miss Keller
about his actions during this period,
| she was forced to explain them in
| pantomime.
DIR. Hyde ordered her to give Col.
| Swope the capsule upon which hinges
the entire case, said Miss Keller, Col.
Swope did not want to take the medi-
| cine, she testified
| After he had taken it, he passed
through the convulsion, she said, and
moaned:
"Oh, my God, 1 wish I were dead:l
wish had not taken that medicine"
DR.. Hyde ordered two hypodermic In
| jections of strychnine when Col.
| Swopes pulse was at 140, said Miss
Keller. The nurse said DR.. Hyde told
her that Col. Swope was plainly suffer-
ing from apoplexy.
COURT HALTs WITNESS
Miss Keller started to tell of the
| typhoid epidemic in the Swope home.
The defense objected, contending this
was immaterial to the death of Col.
| Swope. The court held 1t would not
admit any of this testimony until the
state showed a connection.
This action by the court caused much
surprise Earlier in the day the court
held the state might introduce the
death of Moss Hunton, which, the de-
| fense contended, was as irrelevant as
the typhoid cases.
Telling of the death of Hunton and
events Immediately preceding it, Miss
| Keller said he was suffering from apo
plexy and DIR. Hyde was called.
He and DR.. G.. T. Twyman bled the
patient
"Dr. Hyde made the incision in Hun
toms arm" said the witness. After a
pint of blood had been drawn, DR..
enough bleeding. DR.. Hyde dissented
from this opinion and more blood was
drawn.
"Then Mrs. Hyde said to her hus-
band: Dearie, 1 think you had better
stop bleeding
DR.. Hyde then closed the wound.
"I took charge of the blood, and upon
measuring it found there was two
quarts"
"While the undertaken was still in
the house caring for the body of Hun
ton DR.. Hyde met me in the hall and
said he wanted to talk with me-" she
said.
"A few minutes later I talked with
him and he said: Pearl, you have in
fluence with Col. Swope and 1 want you
to see that I am made administrator
in Hunton's stead
at told him 1 could not do this"
On october II Miss Keller left the
SWope house and was IeCdlleu Deceih-
ber IL by Mrs. Hyde. Nora Bell Dick
son, Miss Margaret Swope and Miss
Sarah Swope were suffering from
typhoid fever. The nurse took charge
of Sarah Swope.
AS the witness started to tell of the
typhoid epidemic in the Swope resi-
dence. Attorney Lucas made objection
to the state delving into this feature
of the case, averring it was immaterial
to the charge upon which Hyde is be-
ing tried. The court upheld Mr.. Lucas.
saving it desired to be convinced of
the materiality of this testimony be-
fore admitting 1t.
Adjournment was taken at s o'clock
with Miss Keller .still on the stand.