Kingsbury County independent. (DeSmet, Kingsbury County, S.D.) 1894-1929, 1910-04-29
POISONING OF GIRL
BEFORE JURORS IN
BIG MURDER TRIAL
Deathbed Scene, When Million
aire Passed Out, Is Unfoided
by Witness.

SiStence of DR.. Hyde that Miss Pearl
kellar, a nurse. complete at n time
all of her testimony for the state
caused Judge Latshaw today to permit
the witness to go into the details of
the typhoid epidemic in h Swope
home.
In passing on the matter yesterday
the court decided he would hear no
testimony on this phase of the case
until its relevancy to the death OF
Colonel Swope was hown. Rather
than deprive the state of the testi-
mony Of Miss Kellar, however, the
cour said she might testify regarding
the epidemic at this time. If its rele-
vancy is not established, hen the tes-
timony will he stricken out. But the
jury has heard all of her evidence.
Miss Swope's CONFUSION.
Most startling of all the features Of
Miss Kellar's story was her assertion
that the CONFUSION suffered by Mar
garet Swope on December Is was very
similar to the attack that preceded
Colonel Swope's death. The state
charges that on this day DR.. Hyde
poisoned Margaret Swope.
Just before the noon adjournment
Mrs. Hyde became deeply Interested in
the testimony OF the witness n
leaned forward several times to coach
her husbands attorneys. Frank p.
Walsh announced he would begin to
cross examine Miss Kellar at the after
noon session.
FIGHT for Letters.
DIR. Hyde's fight for the letters re-
SaTdi1S the G-Gan1:GG::cGS ct the veg
cera of Colonel Thomas II. and Chris
man Swope, which passed between the
states scientists and John G. Paxton,
was renewed today. The opening move
was an attempt to put Mr.. Paxton on
the stand, but this was overruled by
the court.
The court notified the d~efense's at
torneys at the opening of court that it
would not grant the motion for the
production of the papers as they were
concerned in q civil suit which DR..
Hyde had filed against Mr.. Paxton, and
therefore it vas not in the jurisdiction
of the criminal court to order them
produced.
Attorney Walsh offered to place sew
eral witnesses on the stand to prove he
had a right to the documents, but
Judge Latshaw refused to permit them
to take the stand.
Row Over Notes Again.
The tilt Of yesterday which arose
over the defense coming into possession
Of grand jury notes, relating to the
SWOpe case was recalled, when Judge
Latshaw spoke of a law book disap-
pearing from his library.
1T did not disappear during the last
week, however," Judge La:shaw sa.a,
significantly.
Mr.. Walsh made a joking remark
about the grand jury notes, and the
court said seriously:
You not only had notes. Mr.. Walsh,
but other papers and evidence belong
ing to the state"
1T was luck" answered Attorney
Walsh.
Luck is what we make it," re-
sponded the court, and signified he de-
sired to make an n of the discussion.
Nurse Resumes Story.
Miss Pearl Kellar, the nurse who was
In the witness chair at adjournment
time yesterday, was recalled to the
stand. She again took up her story of
the illness of Colonel Swope.
The pink box" hat has figured SO
prominently in the mystery of the
by Attorney Reed. Miss Kellar said
DR.. Hyde had a pink box in his hand
when he gave the capsule to MI. Swope.
Did the box look like this" asked
Attorney Reed, holding up a pink pa
per box obtained from Brecklein's drug
store, where DR.. Hyde is said to have
bought cyanide of potassium capsules.
1T looks like 1t, but 1 can't say it
was the same box" replied the wit
ness.
Attorney Walsh objected to the testi-
mony regarding the box going into the
record. The court sustained the objec-
ton on the ground that the evidence
was Of too remote a nature to enter
into the case. Attorney Reed an
nounced he was through with the wit
ness for the present, but would proba-
bly, interrogate her later.
Hyde Takes Interest.
At this point of the trial, DR.. Hyde
for the first time; entered actively into
the conduct of his case in the court
room. Obtaining a opy or Miss KEEL
lars deposition, taken recently in a
civil suit, he studied 1t. carefully. A
consultation between him and Mr.. Lu-
cas- followed. Then Mr.. Lucas said the
defendant insisted that Miss Kellar
give aI! cf her testimony against him
at this time. p
Judge Latshaw permitted the state
to question the witness regarding the
typhoid epidemic in the Swope house,
saying If the testimony was shown
not to be relevant to the case it would
be excluded.
On December II, said Miss Kellar,
she went to the Swope house and took
charge of Miss Sarah Swope. The
Sunday. following, she testified, she
heard that DIR. Hyde had given Miss
Margaret Swope a hypodermic injec-
ton. DIR. Hyde asserted, she said, that
he had given a harmless injection of
camphorated oil for intermittent pulse.
Her Arm Badly Swollen.
"On the day following the giving of
the injection" testified the witness. IT
saw Margaret's arm. 1t was on a pill
low and was badly swollen. The girl
appeared to be in great pain"
Upon objection of DR.. Hyde's attor-
ney that portion of the answer re-
garding the girl appearing to be in
great pain, was ordered stricken out.
The contention Of the state Is that
DR.. Hyde, instead Of giving Margaret
Swope an injection of oil. injected
11pus" germs into her arm.
On December Is. shortly after DIR.
Hyde had left the house said the
nurse. Margaret Swope passed into a
~convulsion. Miss Kellar was attracted
by the patients moaning. DR.. G.. T.
Twyman was in charge Of the girl.
What was the appearance OF Miss
Swope," asked Mr.. Reed.
Her teeth were clinched. and her
eyes dilated. She was making a most
peculiar moaning sound" said Miss
Kellar.