Omaha daily bee., 1910-04-28
ACCOUNTS PLACED N EVIDENCE

.-guu until he IS declared innocent 1E a
Huy or il permitted by the cuurr 20 fur
uiFh a new bond.
The actiun OF the court was due 20 the
mature II the evidence presented by the
state arainet Ur HYDE Without notify
ing anyone of his intention. Judge Lal-
shaw summoned Cuurty Marshal joel g.
Mayes into the cuurt ROOM after the 1ury
had been removed. and said
..Iu-view OF the testimony that thus far
hns been given in the trial, the court Is
constrained to say thar Il amounts TO a
presuTuptiun that under me law, deprives
the defendant uf the right % go an hond.
ana be is hereby renanded 70 the custody
1f the marshal
Mrs. Hyde HystericaI.
Mrs. H,-de stared az the Judge ne spoke
and when he mad Enished sne threw her
arms about her husband neck and sobbed
hystsrically.
Mrs. Logan O. SE1pe arose from her scat
and hurried trom the court room as soon
as she understood the import Of the Judge
words. Later. when she met Ms. Hyde
standing with an attorney IN the hail. sob
hing. she passed quickly by, boarded her
automobile and went home
scarcely had the court ceated speaking
when Attorney John Lucas. representing
Dr. HYDE. had the following statement en-
tered into me record.
The defendant maintains and alleges
thnt the renauding sf hlm 70 the county
jail pending the right af his case viii nave
the effect of uraiudluing his right before the
nIry il being construed as declaration
on the part " the cuurt against his interest
ard leading tie jury TO believe ne is guilty
az the offsnse charged, and asks tina court
10 sescint me order -pun tnas grour1
.-rbe defendant VIII not be locked up
with me Jury nor IN the same place win
thern. and the knowledge cannot come TO
ths {,rrv from anything rnat The court
can prevent answered Judge Latshaw
walks Back tn Prison
Depurv Marshal Joseph g. Gilliwee took
charge OF tl7e prisoner Ms. Hyde eft the
r-1un in the company 1f friends and Dr.
IEyde Walked away 10 iail
E,ur ueupie testified today that in Sep
rarrlber and DecsTnber OF last year Dr.
F7vde Burchased AZ Hugo BracK-elns g drug
stor- here twenty-five grain capsules OF
tsranide OF potassium. When warned against
using the poison ana leaving the drug
about his premises. Dr. hyde said he
wanted To kiiI dogs with II, it was res1l-
Fed.
C,vanide Of potassium. the deadly poison
which the state contends DR. hyde used IN
killing Colonel Thomas Il. swope- played
an important role in the physician Hlur-
der UriRl today
HuEa Breuklein, druggist, and three OF
his empioves testified that on three occa-
sions. in September and December ASe'
Or 9yde purchases a total OF twenty-five
grain capsules Of the poison AZ their place
1f business.
and rare
we're sales OF u IN capsule .orn. said Mr.
Brecklein mat he once warned Dr. hyde
lf rs deadly qualities and told aim that
lulrss he promised 20 handle the capsules
1iu1self and throw away wnat he did not
use he would refuse 20 seil them TO him.
To this. testified the druggist, DR.. hyde
A lsw cred ne Was acquainted with the na-
go sf the poison and wanted only % Kill
dogs with IL
The physician made no mention Of desir-
ing 10 rid hiH office Of verrnin. said Mr
Brecklein This was the use the puison
was mt 10. claimed the defense IN its
opening statement
Hyda Obtains Germs.
lust before the noon recess DR. W L
stewart a bauteriulugist. took the stand
II was from aim DR. hyde obtained the
germs with which ne is alleged 20 have
tnuculassd the swuDe family ami Others
DR. Hyde came 20 aim last faIl, said Or
stewart. and Interviewed him regarding
-Y,nkira tests IN bacteriuiuEy. Or. Stewar
said Ne uaid him whag ae would need ID
fizfstres and on November 10. Dr. Hyd'
called again, and ohtained some germs.
Attorney Lucas. Tor Dr. HYDE, entere,
objection 10 the testimony at DR. Stewart
a=sertinE irrelevancy but was oyerruied b.
lle cuurr
While DR. Eyde was in New York dur
ing The early part Of December, JsstI-e
The physician. be went 90 the defendant
1ft.cr and found a great many n th'
l2-phoid germs had been taken fr1m IN
uahs
Were enough germs gone 20 inuoculnE
uaN lr tew psrzunsg'' asked Attorney Al
w0rd
Many replied Dr. Stewart
DR. stewart was elected secretary Of IN
Jackson County Medical society on IN
same nighr last fail thar Dr. Hyde wa
chosen president The state developed tina
DR. hyde never took his 1ffce. He AZ
ysHded no meetings after his election an
ennily resigned by letter
Pus Germs in Tube.
Or Stewart said rhar ON psrerbsr q,
be carried away the v-nhoid tlbs ubic
had been opened and lert a rlI tuhe
its place He also noticed a. this I'm
thar a ulhe be had given Dr. Hrde. think
ING @ contained distheria germs. aad hes
uampered with. Later investigation OF IN
cnntenrs OF lhis tube showed no fiuthe-.
grns wera present but the germs w.r
Of nc ordinary -puH variety
What would BE- rhe result az ,he ir
ccOHri1.isa an sszond Passl