Omaha daily bee., 1910-02-10
Verdict Does Not Charge Physician
with Crime.
HYDE REFUSES TO TESTIFY
His Attorneys Insist that He Keep
Off Stand.
SCENE IN COURT
TENSE
Prosecutor Reads Newspaper Inter
view in which Doctor said He
Was Anxious for Thorough
Inquiry.

KANSAS CITY, Mo-, Feb. s,-'Colonel
Swope came to his death by reason OF
strychnne administered in capsule by
DR.. B. c. Hyde. but whether by felonious
intent or act we. the jury. are unable to
say"
This was the verdict rendered at o'clock
this afternoon by the coroner's jury az
Independence. after being out one hour
The inquest ended at noon today AZ
that time the sensational inquiry into the
causes that led to the death of Colonel
Thomas Hunton Swope Kansas City's mill
lionaire- -phianthropist, was given over to
the six jurymen They retired Immediately
to consider their verdict
It lacked a few minutes OF being an hour
after the end of the Inquest and the crowd
in the court room was chatting over the
testimony when 1t was announced that
the jury ready to report.
Instantly the chatting was hushed, every
person present leaned forward to hear
what was to follow.
After the six Jurors had taken their seats
Coroner, Zwart asked
Gentlemen, have you arrived at a YER
dict?"
1--WE have" replied Samuel H. woodson,
the foreman. who then read the document
Text of the Verdict.
I'VE, the cornoers jury" he read, sum
moned urgently to inquire by what means
Thomas r. Swope came to his death, we
find, from the evidence laid before us and
from our knowledge that said deceosed
came to his death by strychnine poisoning
and we believe said strychnine poison was
administered in a capsul at $3.50 o'clock a.
m, OF the day he died by the direction of
Dr. B. c. Hyde, whether with felonious in
tent, we the jury. unable to decide"
The reading of the verdict caused DR..
Hyde involuntarily to start forward in his
chair.
Turning to John NJ Cieary, one of his
attorneys DR.. Hyde asked: ~ ~
What does that nean2"
| Mr.. Cleaiy explained the jury was unable
TO determine from the evidence whether
there was an intent to kill or not.
! Dr. Hyde nodded II see,' he said
DIR. Hyde and his attorneys soon were
walking down the street, on their way to
/ luncheon.
Hyde Refuses to TebtIfy.
Into the superlative OF intensity went the
inquest today, into the darkness Of con-
lecture, and mystery was again carried the
death Of Colonel Swope For DR.. b. CLARK
Hyde physician 10 Colonel Swope on the
day he died, prescriber of a digestive cap
sue which preceded death only short
while, refused to testify 10 the coroner's
jury, and refused even to be sworn.
The scene lasted only a few moments.
In that time more excitement was crowded
than in the two days of testimony.
| 1t was a space OF time in which pulses
beat with excitement and in which the
eyes of jurymen, spectators. witnesses and
even the stenographers forgot everything
else except to direct their every attention to
the three figures who may determine
arrest in the case OF the death Of Colonel
Swope-Frank p Walsh Hydes attorney;
Dr. b. f. Sewart, County Coroner Virgil
Conkling, prosecuting attorney of Jackson
county, and Dr. Hyde.
The morning had just started when DR..
Zwart looked at a piece OF paper upon
which he carried the list of witnesses. His
lips were just beginning to frame the
name OF DR.. Hyde when Attorney Walsh
arose and bent over the table. The court
room became suddenly quiet. Mr.. Walsh
began slowly.
THE attorneys for DR.. Hyde have ad-
vsed him not to testify" Mr.. Walsh said.
I'VE do not for him TO testify here
and therefore. at our suggestion, he must
decline to be sworn"
AnOtner man was standing Close Dy at
this time and in his hand there was a copy
of newspaper, the pages of which were
being rapidly turned 10 certain place
The man was Virgil Conkling, prosecuting
attorney. He. too. spoke his words slowly
with precision and almost coldness
a Il have here a copy OF a newspaper
of February L." he began. 1T contains a
signed statement OF DR.. B. c. Hyde and in
the light Of HIS refusal to testify / desire
. | to"
There was an interruption from Mr.,
Walsh, and this time the slowness of the
speech of the attorney was gone
III this is done for the purpose Of pub
lication," he almost shouted. e."
DR.. zwart was on his feet and between
the two men and for a momenet he and
Mr.. Conkling conversed in a whisper.
Il must insist upon IT," Or. Zwart said
to Mr.. Conkling, and just what the sent
ence pertained TO- the court room did not
know. Soon there came the explanation.
Certainly I'll see you privately" Mr..
Conkling said, and together they left the
room AS they did so there was a strange
, anomaly OF faces in the court room that
, waited. The attorneys for the Swope es-
tate were smiling. the face Of Frank p
Walsh denoted neither interest nor the
! lack OF IT. DR.. HYDE looked straight ahead.
Insists on Swearing Hyde.
The coroner and the prosecuting attorney
were back again and while the court room
5 waited, DIR zwart spoke.
Il stnl hold" said he. that the coro-
d ner's inquest has the right to examine wit
a nesses and that Or. HYDE was subpoenaed
$ In the regular way and is therefore en-
titled to testify
: Il stated before that on the advise OF
counsel, DR.. Hyde refuses to be sworn 70
testify" promptly replied Attorney Walsh.
'and since that -"
4 There had come another interruption. in
4 the voice OF Prosecuting Attorney conklng.
'"rhe prosecutor asks that the same rule