The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-12
ONLY TWO WAYS.
Jury in the SWOpe Murder Case
Instructed
To Find Defendant Guilty as
Charged or Aequit.
THE ORATORY STAGE
Has Been Reached and Will Con-
tinue Is Hours.
Verdict Probably Will Be Rem
dered This Week.

Il HIS w CCAs
Kansas City. No, May 12.-When
the iurymen that are trying Dr.. B. C
HYDE on a charge OF Staying Col
Thomas H Swope stepped into their
box today they faced eighteen hours
of oratory. Six attorneys. three for the
defense and three representing the
state, were yet TO address them The
attorneys were originally given 20
hours in which to make their final ar
guments- Assistant Prosecutor Henry
l. Jost used two hours OF the states
allotted time last night. Attorneys al
ternated in addressing the jury today.
one of the states reDresen ntatfves hav-
ing the floor last For DR.. Hyde,
Frank P. Walsh. r. R. Brewster and
John NJ Lucas were scheduled to
speak The remaining orators for the
state at the opening of court were
Prosecutor Virgil :. Conkuug
Mr. Jost's address, which was not
completed until after 7 O'Clock last
night, was caustic- He characterized
Dr. Hyde as d poisoner and a pIotrer
who was willing to kill his wtfe's reIa-
tfves in order 10 get their money for
himself
Prior to Mr.. Jost's address,. Judge
Latshaw instructed the jury that it
must either find DR. Hyde guilty OF
murder in the first degree or innocent
First degree murder is punishable by
death or life imprisonment IN Mis-
souri,
Indications are that the jury will re-
tire TO consider its verdict Friday night
or Saturday morning
Doors Thrown Open
Every door OF the court room was
thrown open this morning and spec
tatOrs surged in, filing the seats and
the aLsIes- Before the addresses
started, the room was filed and the
halls were packed with pushing,
eager people, who had been unable to
gain admittance- Judge Latshaw said
that at noon he would exclude the
spectators Of the morning through a
side door and admit q new crowd by
another entrance.
Attorney Frank P. Walsh made the
first closing address for the defense.
Before the attorney spoke Of any Of
the evidence in the case he scathing-
Iy attacked Mr.. JOSt for the nature
Of his address last night il which DR..
Hyde was referred to as this fellow
and Mrs Hyde upbraided as falSifier
for the testimony she had given in be-
half Of her husband. The charge Of
the state, said the speaker, was equiv
aIeut to the statement that Mrs. Hyde
was q conniver in the alleged murder
Of her brother
E,uIOgizes Mrs Hyde.
Mr.. WaIsh's euIogy Of Mrs. Hyde was
extended
who was it cared for the little chis-
Greu in the Swope famiIy2' he saic-
Who was II performed the duties Of
a mother. Who was It. when the strou g
arm OF James Moss Huntou was gone.
took Up the work Of this foster father
Il was Frances Hyde
DR. and his wife left
the house Of Mrs. Swope on the night
Of December 18, ind she told her moth
- she would return only when her hus-
band w1s asked 10 come back with her,
did it mean she was 4 woman true to
her marriage vows, or that she was
the accompIice OF a man wEo had slain
her brother and her uncle, as the state
Y ould have you beIieve?''
As Mr.. Walsh spoke Of the defendant 5
wife. Juror W. c. Crane cried
The whole Swope case averred Mr..
Walsh was 4 made mystery built out
OF little str1wS gathered in and builded
up into a massive structure
Dr. Hyde was pictured as a victim
Of circumstances. but a man who was
brave N the face Of the dark charges
against him
IF he IS standing in the shadow of
the gaI0ws, probably to be ehoked like
a dog. or II his face IS pressing the bars
Of prison. as the state says he is do
ing it as a manly man"
The whole Swope case was reviewed
by Mr.. Walsh When Moss Hulton' $
death was mentioned both Mrs. Swope
and Mrs. Hyde were overcome and al
though they remained in the court
room. both wept copiousiy.
Memories Compared.
Miss Pearl Keller, the nurse. was
griIled for her activity in organizing
the nurses in the Swope house Her
memory should not be considered any
| better than that Of Mrs. HYDE or any
ore else. said the attorney Mr.. Walsh
also intimated that members OF the
/ Swope family had distorted the
stories told On the witness stand
Attention was called to the fact that
neither Dr. or Mrs Hyde swore Col
Swope took any Of the strychufue
tonic during the last week Of his life.
I Had they desired, averred the attor-
I ney. they might have sworn without
/ fear Of contradiction that the remedy
was taken and thus explained the
/ presence Of the poison in the million
aires liver
Did they swear to this2'' said MI
Walsh NO, in the face Of the testi-
mony Of DR.. Victor C Vaughn, the
I selected executioner Of Dr. Hyde, that
\ large quantities of this poison had
| neay7 found rHev said nothing aHorTr