The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-11
Lawyers Representing DR.. Hyde
and John G.. Paxton
Begin Contest to Secure Inn
pOrtant Dispositions.
SUIT FOR SLANDER
Will Be Fought Out Before the
Murder Trial.
The Plaintiffs Record at Col
lege Shows Up Well.

Kansas City, Mo-, Feb. 11.-Follow-
ing the sensational developments in
the Swope case yesterday, when DIR.
B. c. Hyde was arrested charged with
the murder of his wife's uncle, Thos.
H SWope, and the summoning of
grand jury to convene tomorrow and
make a thorough investigation of all
the circumstances surrounding the
Swope mystery, battle of lawyers
to secure the dispositions of important
witnesses in the damage suit brought
by DR.. Hyde against John G. Paxton
for alleged SANDER was resumed to-
day.
In this civil suit DR.. Hyde demands
$4,000 actual damages and $4,000
punitive damages because Mr.. Pax
ton wrote letter to Stewart S. Flem-
ing, an executor of the Swope estate
at Columbia, Tenn, containing state
ments which DR.. Hyde charges SLAM
dered him. Mr.. Paxton had been sum-
moned to appear at the office of
Frank p. Walsh, DIR. Hyde's leading
attorney. to give his deposition in the
case today. 1t was believed that Mr..
Paxton's testimony would occupy
several hours time. Members of the
Swope family also had been subpoen-
aed by Mr.. Walsh.
At the present time the Hyde forces
seem to have obtained an advantage
in the taking of dispositions. Mr..
Paxton's attorneys can take no deposi-
tions today as they had subpoenaed
witnesses to testify in another civil
suit brought by DR.. Hyde. but which
was dismissed yesterday as part
of the strategy of the Hyde attorneys.
The testimony of DIR. Chas H. Jor-
dan of Kansas City Kan, who at one
time prescribed medicine for the
Swope family may be injected into
deposition taking. Every effort has
been made to subpoena DIR. Jordan.
but he is i'll with pneumonia and the
subpoena servers SO far have failed to
reach him.
Since DR. Hyde's arrest the records
of William Jewell college. a Baptist
institution at Liberty. Mo-. from which
he was graduated in 1892. have been
searched. 1t developed that Hyde's
| record as a student was excellent and
that he was popular with both his in
| structors and classmates.
| Dr. H. G. Parker, present head of
the department of chemistry at Will
liam Jewell college, who was a class
mate of DR.. Hyde. says that as a stu
dent of chemistry Hyde was one Of the
/ best in that class and he completed all
the chemistry offered in the school.
DR.. Hyde was elected president of the
Alumni association of the school last
year
Joel Mayes. county marshal. was
| busily engaged today in making up a
| list of the men to be summoned to
serve on the grand jury which meets
| tomorrow.
Discussing the call for grand jury,
Judge Ralph S. Latshaw of the GRIM
| inal court said:
"I instructed Marshal Mayes to OBJ
| tain a fair grand jury to get men OF
good standing in the community SO
that their labors will command the re-
( spect of our citizens. The jury is to
convene Saturday morning. This is
Lincolns birthday but it is not legal
I holiday and the jurors will go right to
work
Although I do not believe in grand
! juries as rule continued Judge
Latshaw. "I think that one was neces-
sary in this case. A special grand jury
can examine the whole Swope matter
at much less expense than can be done
| in any other way. There have been
many theories and it would be very
expensive to hold separate inquests
when a grand jury can ascertain the
| facts in all at about the same time
! The grand jury can and will run down
every avenue of Investigation and sat
isfy the people as to just what there
| is to the SWODe mySterV.'