Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-05-12
INSTRUCTIONS
To JURY IN
HYDE GASE:
ACCUSED GUILTY OF
MURDER OR NOTHING

nv Morning Journel Special Ieased wircl

Try Morning journal Special Leased wircI
Kansas City. MAY il.-Ah of the
iwbutal testimony was completed, the
COURTS Instructions We're delivered to
thoajuiy and one of the states clos
ing arguments was delivered in the
Hyde murder trial today
B1 Judge Lathshaw's instructions
rs thc jury the accused physician
either must be found guilty Of first
doeree murder which is punishable
by death or life imprisonment or must
he acquitted
Noue Of tho testimony admitted n
the trial was withdrawn hy the court
from the jury All the issues Collat-
cral with the alleged killing of Colonel
SWopc were admitted with this eX-
PLANTATION
The evidence introduced as to oth-
cr transactions. II amy. are submitted
10 your consideration for the sole
purpose of throwing light tif they
have that cffectl upon the intent and
motive of the defendant (if any) in
the transaction for which he IS now
ON triM ANA for no other purpose
Special instructions were given 70
The lurN regarding the testimony OF
Mrs HYDE and Of he medical experts
for both sides In these connections
the court said
The wife Of the defendant Is
competent witness ia this case, ana
YOU must consider her testimony in
arrieing al your verdict but in de-
termining what weight ana eredibll-
ity VUu will give to her testimony ~
nlakine up Your verdict, Nou may take
intn confederation her interest in ia"
result of the cNse ana that she Is the
WIN of the accused parts on trial, tes-
tifNing In his behalf
The opinions of experts Who have
testified IN this case IS testimony
which the JURY should consider and
examine in connection with all 9TH
I cr testimony in case. SnDie1t 70
the rules 0f credit on disbelief as to
the testimony Of other witnesses
Attention wa- also directed by the
court to The fact that all evidence
Ueainst pr hyde was circumstantial
l'y virtue OF the law OF this state
the instructions 10 the jury We're read
before the ATTORNEYS began their ar
guments.
Assistant Prosecutor Henry L. Jost
opened the argument for the state
talking for two hours Three more
speeches viii be made hN each side.
Ten hours are given t. each set OF
attorneys in which to make their adj
dresses.
The main part Of Alr Josts ad-
dress was confined to the illness and
death of Colonel Swope,
Or Hydes alleged crimes were
committed said Alr. lost, for the pur-
9ose of obtaining money The attor-
ucy pointed ont how the death of
Colonel SWope would benefit Mrs.
HYDE TO the extent of about $215,0OO
ana th edcath Of Chrisman ana
Margaret Swope each $4,000 He
also told &c Colonel Swope's plan To
give s1.5o0000 To the poor Of kan
sas city,
II Dr HYDE used the proper course
in bleeding james Moss Hunton. said
Mr. lost hc treated Colonel Swope
improperN provided the latter had
appopleXN.
Dr. Hyde became attentive to the
Swope family during the typhoid cpi-
dcmit merely to have "a chance to
commit the crimes he Is charged with
algued the attorney.
The testimony Of pr and Mrs
Hyde averrod MT Jost had been
carefully rohcar~ed by the defendant
and his wife and was simply an 'ct-
fort to save "a mau who stood IN the
shadow ot the galloWs.
Throughout the castigation OF her
son-in-nW. Mrs Swopc sat. surround
cd b> all her children but Mrs. Hyde
ind wcpt when Mr Jost turned ana
pointed at Dr Hyde several times ia
The course ut The address the physt-
clan grinned W the speaker Mrs
llydcs face remained motionless.