Los Angeles herald., 1910-04-28
Asserts Evidence Deprives
Defendant of Right
to Go on Bail
MUST STAY IN PRISON
Buying of Poison and Bor-
rowing of Germs by
Accused Shown
Associated Pressl

! -
Ia voked and the physician was
placed in the county Jail by order of
Judge Latshaw at the close Of the
criminal court session tonight. This
action means DR.. Hyde must remain in
prison until ne is declared innocent by
jury or is permitted by the court to
| furnish new bond.
The action Of the court was due to
| the nature of the evidence presented
| by the state against DR.. Hyde. With
| out notifying anyone Of his intention,
Judge Latshaw summoned County Mar
! shall j. B. Mays into the court room
after the jury had been removed and
| said:
In view of the testimony thus far
! given in the trial, the court is con-
! strained to say that it amounts to u
/ presumption that under the law de-
prives the defendant of the right to go
on the bond, and he is hereby remand
ed to the custody of the marshal"
Mrs. Hyde stared at the judge as he
| spoke, and when he had finished she
| threw her arms about her husbands
neck and sobbed Historically.
! Mrs. Logan o. Swope arose from her
seat and hurried from the court room
as soon as she understood the import
of the judges words.
Later, when she met Mrs. Hyde
standing with an attorney in the hall,
sobbing, she passed by quickly, boarded
her automobile and went home.
DEFENSE MAKES PROTEST
Scarcely had the court ceased speak
ing when Attorney John Lucas, repre-
senting DR.. Hyde, had the following
statement entered in the record:
THE defendant maintains and al
| leges the remanding of him to the coun-
! ty Jail, pending the trial of the case.
will have the effect OF prejudicing his
rights before the jury, it being con-
strued as a declaration on the part Of
the court against his interest, and lead
| ing the jury to believe he is guilty of
the offense charged, and asks the court
! to rescind the order upon that ground"
"The defendant will not be locked up
| with the jury, nor in the same place
/ with them, and the knowledge can
not come to the jury from anything
that the court can prevent answered
| Judge Latshaw.
Four persons testified today that in
| September and December of last year
! Or. Hyde purchased at Hugo Breek-
leins drug store here twenty five-grain
capsules of cyanide of potassium.
When warned against using the poi
son, and leaving the drug about his
premises, DIR. Hyde said he wanted to
kill dogs with it, it was testified.
| The physician made no mention of
! desiring to rid his office of vermin,
said Mr.. Brecklein. This was the use
the poison was put to, claimed the de-
! Tense in its opening statement.
Never in his twenty-three years as
q druggist, had he ever before sold
the poison in this FORM said Mr. Breck-
! lein.
Several of Mr.. Brecklein's employees
testified, their testimony tending to
corroborate that given by the drug
! gist.
GERMS GIVEN TO HYDE
DR.. w. L. Stewart told his story re-
| garding DR.. Hyde obtaining typhoid
| and "pus" germs from him last NO
yember 10. The witness claimed he
went to DR.. Hyde's office after the
tvnhoid endemic had started in the
! SWope home and found some of the
germs missing DR. Hyde told him
| later. he said, that he had not found
time to work with the germs. -.
| DR.. Stewart said that on December
! 16 he carried away the typhoid tube,
which had been opened, and left tuIl
| tube in its place He also noticed at
this time that a tube he had given Dr.
! HYDE thinking it contained dlpntheTla
| germs. had been tampered with. Later
! Investigation of the contents of this
| tube showed no diphtheria germs We're
present, but the germs were OF the
ordinary 'pus' variety.
"What would be the result of the
injection of these 'pus' germs into an
arm?" uueried Mr. Atwood.
"The arm might swell or an aocess
formation result"
TalTinp m his examination of the
Swone premises on three occasions in
January, the witness said there was
no evidence of typhoid germs IN the
water. milk or cattle. He also sald
there were no germs in certain open
vault in the yard.
Dr. Stewart then told of the autopsy
on Col. Swope The operation was
performed in a proper manner he
said.
'Were there signs of apoplexy in the
brain?" ...,.
of it, but so far as l saw there were
no apoplectic signs.
was there anything about the or
gans that would make you believe Col.
Swope died natural death?
"There was not"
Attorney Walsh took the witness for
cross examination.
Miss Stella Swope testified again re-
garding the candy incident already
brought out.
"Did you eat any of the candy DR..
Hyde gave you?" asked Mr.. Conkling.
II did" she answered.
Did you offer any of the candy to
DR.. Hyde and his wife?'
yes"
"Did they eat any of it?"
mo, sir, they refused it,"
Miss L. E. Van Nuys, a nurse, tes-
titled that after Thomas Swope picked
up capsules which DR.. Hyde threw
away on December Is, Miss Van Nuys
smelled his hands. The odor, she said.
was familiar and on December 81,
when some one mentioned cyanide, she
Immediately recognized it was this
poison Swope had been handling