The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-28
Brecklein be recalled to the witness

Brecklein be recalled to the witness
stand.
Isn't cyanide of potassium used in
ternally in quantities of one grain for
cases of acute rheumatism, for cleaning
s1lverware, for dropping into the eye?'
| asked Mr.. Walsh.
1T is replied Mr.. Brecklein.
silver?"
The medical books say it is. but I
never sold any for that use.''
Mr. Walsh attempted to show that
cyanide was put to many more common
uses.
Mr.. Brecklein said he had sold the
poison so few times he could only re-
Ter the attorney to what the books said.
Defense Protests.
Prosecutor Conxling asked Mr.. Breck-
lein to put some wet cyanide on his
hands.
Attorney Walsh launched upon Wig
orous protest against the court per-
m1tting the witness to make such an
exhibition. He said it was for the pur-
pose of extending the evidence of Miss
Lou T.. Van Nuys a nurse, who testi-
fed yesterday that she smeIt cyanide
on the hands of Thomas H. Swope on
December Is, after he had handled
some capsules dropped by DR.. Hyde. Mr..
Walsh also said it was unfair to permit
any OF the testimony regarding cyanide
to go before the jury when the indict-
AAeHl against LIZ Hyde for the alleged
murder of Col. Swope only charged that
DIR. Hyde administered strychnine and
"other poisons" to him, not SPECIFYING
cyanide.
Attorneys Brewster and Lucas also
spoke, MIR. Lucas saying he desired to
speak at a later time against the
court permitting any testimony relat-
ing to cyanide going into the case
Judge Latshaw said he was ready to
near 1t then, and Mr.. Lucas spoke at
same argument as that made by Mr.
Walsh.
Judge Latshaw listened attentive1y
and when Mr.. Lucas finished said
gravely:
1T has long been the custom of at
torneys for a defendant to go to ex-
tremes to save their client At times
their acts have almost approached the
criminal But have nothing of a per-
sonal nature to say to the lawyers in
this case.
THE court is not going to try this
case on its sleeve. 1t is not going 20
think in case Of conviction of the SUI
fering and shame of others besides the
defendant. Neither Is it going to for
get the two green graves that enter
into the case. Tt can not forget the
pale and sad faces of the relatives of
the dead The court will try this case
on the law and that alone.
No Cause for Surprise.
Ky some means the attorneys for
the defense came into possession of the
grand jury notes. These attorneys
knew what testimony was given before
the grand jury and what evidence
would be presented here. There is TO
need for surprise on account of the tes-
timony shown.
THE grand jury indictment charged
that strychnine and other poisons were
found. 1 will therefore overrule the OBJ
lection to this testimony being ad-
mitted.''
Mr.. Walsh held a whispered CONVEX
sation with Attorney John M Cleary
and then speaking rapidly. addressed
the court:
Mr.. Cleary hears that Thomas H.
Swope, jr, is in the prosecutors office
with cyanide sprinkled on his body
and is ready to come into court with
this odor on his clothes.''
IF such is the case, have every. odor
of cyanide removed before he is called
as a Witness" ordered the court.
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