The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-04-11


DR.. Victor c. Vaughn. of the Uniyer-.
sity of Michigan, who had testified to
finding strychnine in the liver of COL
onel Swope. Walsh argued the ex-
pert's test of the liver was not conclu-
siVe.
OF cyanide of potassium played an
important part in the trial. The
cyanide was purchased to kill reaches,
the prisoner said.
Charged He Spread Typhoid
Among other points brought out in
the trial were the allegations that DR..
Hyde had poisoned the drinking water
OF the SWope home with typhoid fever
germs. In this connection it was
shown that Miss Margaret Swope. a
niece of Colonel Swope; Chrisman
SWope, Margaret's brother; Stuart S.
Fleming and a Miss Nixon, cousins and
legatees of Colonel Swope, were in
rapid succession stricken with typhoid
fever.
1t was shown that DIR. Hyde had Sc
cured typhoid cultures for use in his
laboratory. But these, it was contend
ed, We're solely for purposes of inves-
tigation.
In the trial arguments the state as
serted that DR.. Hyde had sought to
get rid of the various members of the
family SO their individual interest in
the Swope estate would revert to his
wife. Mrs. Hyde. forsaking her moth
er and sisters. stood by the accused
physician. She has visited him every
day since.
Basis for Courts Action.
Today's decision was written by
Judge Franklin Ferris who paws par
ticular attention to the typhoid fever
epidemic and alleged use of strycInine
and cyanide of potassium by Dr. HYDE
as brought out in the trial The court
review how the state showed the death
of Col. Moss Hunton October L Col.
Swope two days later, the epidemic of
typhoid fever, which in two months
brought to bed nine members of the
Swope household. All of these recov-
cred excepting Chrisman Swope who
| died December s. 1909.
These the court says were intro
duced and charged to Hyde partly to
| support a showing that the more
Swope heirs died the larger would be
| the share of Mrs. Hyde. but the court
does not treat the proof that Hyde
| had anything to do with these mis-
| fortunes as conclusive. 1t points to the
evidence that Col. Swope was about
| 80 years of age: that he was infirn
| during the previous year, and that the
| symptoms of his last sickness would
| if that were all justify the conclusion
| that he died from senile debility OIL
uraemic poisoning and would fail tc
| establish the corpus delicti.
The court says taking the experts or
| both sides into consideration, eff we
were to lay aside the testimony of one
| witness of the state DR.. Vaughn, VIZ
| would find it difficult to reach a salts
factory conclusion that there is sufh
cient proof to make a prirna facie case
of death by poisoning. According t.
the authorities the symptoms as de
tailed in the evidence are not clearly
and unmistakable those of strychninr
| nor cYanide poisoning
Mrs. l.. o. Swope Is Silent.
Los Angeles. April 11.-Mrs. L. O
Swope, sister-in-law of Col. Swope. tn,
millionaire of Kansas City, had evi
dently received prior Information
when an Associated Press correspon
dent called upon her today at her ho
tel to advise her of the news of tn,
granting of a new trial to DR. HYDE
the alaged slayer of her brother-in
law.
"A card sent to her room was re
turned with the statement that sh,
would see no one Mrs. Swope ha
been in Los Angeles several days, ac
companied by her two daughters
: Misses Margaret and L. L. Swope and