Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-04-21
HYDE EVIDENCE
FOUND In STREET
Lost Notes of Grand : Testimony
Find Way Into, Is of
HELP THE PRISON. Z SIDE
Papers Eve Scientists View, ele-
brated Poison Theory
TWO QUARTS OF BLOOD DRAWN
Nurse Testifies that Hunton Was
Bled by DR.. Hyde.
PROTEST FROM DIR. TwYMAN
Wound Not Closed Until Third Pro-
test was Made by Physician
Now Dead--Other Testi-
mony Presented.
Papers I've Scientists View,
brated Poison Theory
TwO QUARTS OF BLOOD DRAW
Nurse Testifies that Hunton Was
Bled by Or. Hyde.
PROTEST FROM DIR. TwYMAN

\ KANSAS CITY, April 2O-Attorney
~ aish declared at the opening OF the Hyde
tr al this afternoon that he had in his pos
session papers containing notes Of the tes-
timony Of DR. Walter s. Halnes given be-
fore the grand jury which showed that the
scientist had declared that no cyanide of
potassium was found in the stomach of
Colonel swope.
These papers Walsh said, had been found |
in street by a woman, and turned over
70 him. The assertion followed a demand |
OF the court for Mr.. Walsh to tell whether |
he had in his possession papers belonging |
TO the state.
Il refuse to answer" shouted Mr.. Walsh,
sprlnging to his feet.
Then bring in the jury" shouted Judge !
Latshaw. striking the desk with his fist. |
Mr. Walsh rushed forward to the bench !
and made the startling statement.
The order for the jury to be returned was
rescinded.
"A man holding papers belonging to the
state is no better than a thief" said the
court. hotly.
Pointing toward the jail, adjoining the
criminal court building. Mr. Walsh shouted;
Your honor. do you see those gallows?"
Attorney Lucas Interrupted and Mr..
Walsh did not finish the sentence
Prosecutor Conkling broke into the con-
versation and said;
III these papers are returned, we will
give the defense carbon copy Of them
1T IS the proof of a mans innocence that
we hold hotly said Mr.. Lucas. "and the
same papers cntain evidence of the guilt OF
the defendant, lnterposed Mr., Conkling
Marshal take charge of the defendant
said Judge Latshaw, rising from his chair.
rnsfTI l,..l tw.41 Aa.tn
Papers Found in street.
Before Judge Latshaw had left the bench,
Mr. Walsh expressed desire to explain
bow the papers came into his possession.
AN advertisement was inserted IN local
parefa eayingg q. certain woman had found
papers connected with the case. l went to
her house and found that they were these
notes
They contained proof OF my clients
innocence. BY refusing to take them, I
thought / might make move that would
cost the life Of an innocent man.
~ took the papers, but told the woman
to tell everyone who asked that took the
papers to my office
MIR. Jost, an assistant prosecutor came
TO me before court opened this afternoon
and asked me II had the papers. l re-
fused to answer"
This Is tho most serious question Of
ethics with which ] have eve ever had
to deal" said Judge Latshaw. Il have
no doubt Mr.. Walsh. that if it had placed
your own life in jeopardy to return these
notes. you would not have hesitated a
minute"
walsh Goes for Papers.
The court then told Mr., Walsh to re-
turn the papers TO the court and the at
torney went to a bank to get them.
The woman who found the papers, Miss
Eva Finney colored was in the court
romm and was, at the demand Of the
prosecution, prepared to take the witness
stand.
When the court held that Mr. walsh
should return the papers. the witness was
excused.
After Mr., Walsh departed Attorney Reed
arose and said he believed one OF the de-
fndant's eounsl had intmated he was a
llarf
Everybody. including the court, was
called a liar during those few moments
s3et passed" said Judge Latshaw, smil-
sfr. Resd sat down without further
words.
Mr.. conkling admitted that the papers
actually had been lost in the streets by
one Of his assitsnts
DR., Haines would testify said Mr.. Conk-
ling, that cyanide was found in Colonel
SwOpe's body.
Attorneys for DR.. Hyde declared that in
case Dr. Haines took the stand and testi-
fled that syanide had been found they
. would prosecute him for perjury.
Had the marshal taken charge Of DR..
Hyde when the court ordered it. his bond
would have ben revoked.
what Or. Haines said.
1T is true" said Mr. Conkllng. that DR.
rIalnes did not testify before the grand
jury that he had found cyonlde of potas-
stun ia Colonel SwOpe's viseera."
AT that time, however. he had not com.
pleted his analysis. Later and more search
ing examination OF the organs proved thai
cyanide was present"
No action would be taken against At
torhey Walsh for Withholding the papers
said the prosecutor provided tho courts
order to return them was obeyed with.
out delay
"a have no objection TO the defense hav
ing a copy OF Or. Haines testimony be
fore the grand jury" continued Mr.. Conk
hng, ~ am assured that their defens'
VIII not be charged"
When SIR, Walsh returned the papers
Judge Latshaw spoke calmly an dat SOM
length regarding the defense's action II
keeping the papers and the tumultous seen
that resulted lie bore no feeling agains
nnyone on account Of the trouble. he said
walsh ISeeps Copies.
'1.ei an proof that win tend 70 show IN,
guilt or innocence OF this defendant b
secured openly" he said. "Thc court VII
call out the militia 70 obtain such evldcnc
II neeessary"
Just as the jury was filing into the room
tho court asked Ar Walsh II hc ha
copies Of pr Haines' testimony. M
walsh said he had
'You might as well have kept IN
fcontin,,ed "A second Page)