The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1911-04-14
MISSOURI SUPREME COURT
GRANTS HYDE NEW TRIAL
By Associated Press.

CIaThe hyQes dIIeT SeHSdtlondi tIIdl,
of the murder of Colonel Thomas H.
Swope, millionaire philanthropist, to-
day was granted new trial by the
Missouri supreme court, sitting at
Jefferson City. Hyde has been in thei
county Jail, in Kansas City. nearly al
year following his sentence to life inn
prisonment. x
When the news of the courts del
cision reached the county Jail, Hydel
was taking his usual morning promen-f
ade in the corridor before his CELL Hist
lawyers shouted the verdict to HING
"You have been granted new trial. X
Hyde stopped in his walk, smiled andy
said merrily, THANK you, gentlemen.
Then as if some ordinary message hadE
been delivered, he continued his walkt
Other prisoners crowded aroun&'
Hyde and congratulated him. Tbs,
news travelled quickly from tier to tierf
and as the prisoners, men and women
on the different floors heard it, cheerf
ing spread throughout the prison. i
Judge Ralph Latshaw, before whom
Hyde was tried, was hearing murder
case in the criminal court when the
decision was announced to him. e
shall read the opinion with interest" :"
said the judge, who went on with the
case.
A significant point in connections
with the Hyde decision is that ig
comes on April II, exactly one year
from the date that the trial begaI
here. An important point in the de,
cision remanding Hyde for trial was
that the court said Judge Latshaw's
action in ordering Hyde locked up dur
ing the progress of the trial was i'm.
proper and unjustified."
Mrs. Hyde had been waiting anxious
ly in the Office of one of her attorneys
Ten minutes after the word had come
from Jefferson City she appeared at
the Jail. She was admitted to the cell
room and rushing to that occupied by
her husband, embraced and kissed him
The courts action in remanding
Hyde without bail cast gloom over
Hyde and the attorneys. Frank Walsh
Hyde's chief attorney, had just pre-
viously expressed his belief that the
physician would soon be at liberty
The court officials and attorneys
agreed that the higher courts action
on this point was final Virgil 'Copks
ling, county prosecutor, was ke95S2fje :
disappointed over the verdict and de
clined absolutely to talk about it.
DR.. Bennett Clark Hyde was con
victed on May Is last, of the murder Of
Colonel Thomas Fl. Swope, millionaire
philanthropist, and the physician.
uncle by marriage. On July 5, aftef
denying DR.. Hyde new trial, Judgs
Latshaw sentenced him to life i'm
prisonment in the peniteptiary.
DR.. Hyde made strenuous efforts t
have the court admit him to bail, OF
fering security to any amount, bu
Judge Latshaw steadfastly refused
He declared the Missouri law prohibit
ed the release on bail in murder cases
On September % last, the Hyde al
torneys filed an appeal for a new tria
There were two hundred and fffty-ffY
separate and distinct points on whicI
the attorneys said the trial court erre,
in ruling.
Arguments on the appeal were be
gun in the supreme court at JeffersOi
City February 6, Judge Kennisl
Judge Brown and Judge Ferris lister
ing. Frank P. Walsh. chief counss
for DR., Hyde, based his arguments 10
new trial partly on an attack of tn
toxicologists who examined the vii
eeras of Moss. Hunton, Chrismsi
Swope and Thomas H. Swope. He sal
the findings of the experts did nc
prove chain of murders in the Swop
family. He especially attacked D,
i N1CtO1 -. Vaughn VI Iu6 uulf6ESlG.Nsfsf% y
Michigan, who had testified to findin
strychnine in the liver of Coloni
Swope, Walsh argued the expert
test of the liver was not conclusive
DIR. Hyde's purchase of capsules
cyanide of potassium played an ID
portant part in the trial. The cyanid
was purchased to kill reaches, Il
prisoner said
Among other points brought out
the trial were the allegations that D
Hyde had poisoned the drinking wat
of the Swope home with typhoid few
germs. In this connection it WI
shown that Miss Margaret Swope,
niece of Colonel Swope; Chrismd
Swope, Margaret's brother; Stuart
tleming; and a Miss Nixon, cousii