The Birmingham age-herald., 1910-04-20
IMPORTANT POINT '''
 IN THE SWOPE CASE
Miss Pearl Kellar Testifies to
 Hyde's Prophecy
THE CASE IS OUTLINED
sents Facts Upon Which Case VIII Be Fought in the Interest
 of Dr. Hyde
il 1s.-"Colonel Swope

pA DaA hsaN
 Kansas City, April 19.-"Colonel Swope will never return to Kansas City,
 This prophecy, testified Miss Pearl kel lar, a nurse, in the Hyde murder trial today, was made to her by Dr. B. c. Hyde in Independence, a few days before Colonel Swope died. She was Colonel Swopes nurse.
 pr. Hydes remark, seie Miss Kellar, followed her informing the physician that Colonel Swope planned to come here to his office in few days. Her patient was at that time, the nurse said, in better physical condition than he had been for weeks. He was able to take daily drives and seemed in good spirits, she said. This was the most important bit of testi- mony that Miss Kellar had given in the trial this afternoon, when she was ex- cused while the court heard arguments over a point of law.
 Between the time Dr. Hyde is alleged to have made this remark and Colonel Swopes death, Moss Hunton, a cousin os Swope, succumbed. Miss Kellar, who, taking up the Swope mysteries in chron- ological order, had come to tell of the illness of Hunton when the defense ob jected.
 Attorneys for Dr. Hyde claim that no testimony concerning other deaths or ill., nesses than that of Colonel Swope should be admitted to this trial.
 Miss Kellar will resume the stand when this point is decided. The question is a vital one. If the court upholds the objec- tion no evidence concerning Hunton or the death of Chrisman Swope or the ill., ness of Margaret Swope and the typhoid fever epidemic in the Swope house will be admitted D
 Defense Outlines Case
 The defense today outlined it's case in the fight of pr. B. c. Hyde for acquittal on the charge of murdering Col. Thomas w. Swope. Frank P. Walsh who made the opening statement, declared that pr. Hyde and his wife had lived in perfect contentment since their marriage; that Dr. G. T. Twyman aided in and approved of the bleeding of J. Moss Hunton, and that neither pr. Hyde nor his wife knew whether Colonel Swopes will included them as beneficiaries. He said that dur ing the last 25 years of his life Colo mel Swope was drunk every afternoon and that he habitually took a tonic contain ing strychnine.
 No denial was made by MT. Walsh that Dr. Hyde bought digestive tablets which were given to Swope.
 MT. Walsh severely criticised Mrs. To- gan o. Swope. saying she failed to go to the colonel's room until long after she learned of his sinking spell.
 T.e real trouble over the will of Colo mel Swope, averred MT. Walsh. began when Mrs. Swope desired Mrs. Hyde to sign paper giving to Mrs. Moore, a sis te- of Hunton, Mrs. Hydes share of $60,- GOO part of the estate originally left to MT. Hunton. This Mrs. Hyde refused to do.
 MT. Walsh said that Dr. Hyde obtained the typhoid cultures of pr. E. l.. Stewart only to make a study of them, and that the typhoid epidemic was due to insani- tary conditions. It would be proved, said MT. Walsh, that Dr. Hyde was not pres ent at the Swope home on several dates when he is alleged to have distributed ty- phoid germs.
 Approved By pr. Twyman
 Dr. G. T. Twyman, declared MT. Walsh, had approved of the treatment admin istered to Miss Margaret Swope by Dr. Hyde.
 Miss Lucy Lee Swope was not poisoned by Dr. Hyde, and she would take the stand and swear to this. said MT. Walsh.
 MT. Walsh attacked John G. Paxton, an executor of the Swope estate. saying.
 John G. Paxton started this investiga ton, thinking he could charge 1t to the estate Failing, he was hired by Mrs Swope to continue the inquiry"
 The attorney referred to the states chemists as "hired men" The chemists who will testify are pr. Ludwig Hector and Walter S. Hains, both of Chicago, and Dr. Victor c. Vaughan of Ann Ar bor, Mich.
 MT. Walsh covertly charged that the reports of the chemist were altered to suit the service of their employers.
 "The testimony will show you," said MT. Walsh, ''I believe, that these chemists are professional witnesses. AS to the fea- ture of the case regardine the alleged finding of cyanide of potassium, l will say that these men did neither find this poison, or they tried to conceal the quan- tity until this trial opened
 He announced that Dr. and Mrs. Hyoe intend to take the witness stand.
 Miss KelIar Testiies
 The first important witness for the state Miss Pearl Kellar, the nurse who attended Colonel Swope in his last ill- ness, took the stand this afternoon. Oc- tober g last at the request of Dr. Hyde. Miss Kelar said she went to the Swope home to attend Colonel Swope. The physician told her, she testified, that while Colonel Swope was not in a serious condition he was suffering from bruised shoulder and needed some one to be con stantly in attendance upon him.
 In order to refresh her memory Miss Kellar referred frequently to her chart. Examination of this chart by the attor- neys showed 1t was not kept during the last week of Colonel Swopes illness.
 Asked to explain why this was, the nurse said:
 Colonel Swope objected so strongly to our keeping a record that we had to give 1t up and Dr. Hyde said the colonel was doing so well it would not be necessary to keep a record.'
 Colonel Swope, she said, was irritable often. The note, Refused attention appeared frequently in the chart.
 Taking of First Dose
 The first record of Swope taking any of the strychnine tonic which he obtained at d drug store near his home appeared under the date of September 22.
 Once or twice a day at this time the patient would take teaspoonful of this mixture, testified Miss Kellar. He ceased to take this tonic on September 20, four days before his death, she said
 Colonel Swope was feeling unusually well on October l." said Miss Kellar- "He talked of returning to the city anr I was well pleased with his condition. We u,ora tn 1oi ilxy driyaS fooetbpr