The Mena weekly star. (Mena, Ark.) 1904-1977, 1911-04-13
CASE REVERSED AND REMANDED
BY MISSOURI SUPREME
COURT.
OPINION FOUND MANY ERRORS
Judge Latshaw's Decision Locking Up
Defendant mproper--Expert Test.
mony No Good--Adulisslon of Evil
dence OF Other Deaths Errors.
Reaaona for Raveraal-

At1tpAink testimony OF one state eN-
pert Doctor Vaughan. as to finding poi
son when tests were open to question as
to their completeness.
Colonel Swope's infrm condition. which
IS taken as reason TO believe he died OF
senile debility.
Admitting testimony OF other deaths
and sickness in the Swope family when
Swope.
Assuming that Hyde took typhoid germs
to the Swopes when tsere was more rea-
son to believe the epidemic started from
a servants sickness.
Allowing the State to ask hypothetical
questions that called for conclusions by
the witness,
Admitting testimony of a nurse that she
MD medicine in her shirtwaist TO keep
Hyde from poisoning II and thus arousing
suspicion against Hyde
Judge IatshaWs remark "Thfs is az
far as any honest girl should 20 In testi-
testimony.
The test Of cyanide identification by
rubbing II on a mans fingers and allow
ing the witness TO smell of It,
Kansas City, April 12.-Just one
year ago the trial began In which
DR.. b. Clarke Hyde was convicted OF
poisoning Thomas II. Swope, the Inde-
pendence millionaire. Now the Mis-
souri, supreme court has handed down
its opinion reversing the verdict OF
the jury and remanding the physi-
clans case for new trial
The courts decision was unani-
nous, sustaining practically all the
important contentious made by the
attorneys for Doctor Hyde. The opin-
ion, written b. Judge Franklyn Ferris
IA I ante nd IA. bo
other judges. throws out of court AZ
unworthy OF comment" much of the
testimony upon which the physician
was convicted. or SO sweeping a ma
ture are many of the comments OF
the high court that unbiased attor-
neys said that second conviction OF
Doctor Hyde practically would be an
impossibility.
Latshaw's Conduct improper.
The action of Judge Latshaw In re-
voking Doctor Hyde's bond during
trial and sending him to jail was
highly prejudiciai, says the opinion,
and Is pointed out as sufficient
grounds on which to base reversal
of the verdict. But the opinion does
not stop there.
The states experts came in for Sc
we're comment. Except for the testi.
mony of DIR. Victor Vaughan. the
opinion says, the state offered little
to prove that poison killed Colonel
Swope. The tests we're made, the
high court emphasizes, two months
after death and, according to expert
testimony, were not complete, while
Colonel Swopes age and inftrmity
made it reasonable to believe that
senile debility caused his death.
But perhaps more important as re-
iating 10 a second trial of Doctor
Hyde, the high court rules that all
testimony relating to the other deaths
and illnesses in the Swope home,
save and except that of Colonel Swope
alone, was Irrelevant and improper
rhe pretext that the testimony was
admissible because it was in line with
Hydes alleged plan to exterminate
the Swope heirs and get a larger
share of Swope's millions for his wife
was not seriously taken by the court.
Unworthy Of Comment.
Typhoid germs, the opinion says,
often are used by doctors and there
was more reason to believe that the
fever at the Swope home resulted from
the illness of negro servant than
from innoculation by Hyde Hyde's
taking bottled water to the Swope
nome was the natural thing to do.
the judges hold, and the testimony
about poison in Lucy Lee Swope'1
drinking water on the train was
termed unworthy of comment"
The hypothetical questions, 1t is
ruled. called for conclusions that the
Jury or court, instead of the witnesses,
should have made.
And" concludes the court on this
point, "the story OF the nurse. Miss
Van Nuys, hiding medicine in her
shirt waist to keep Hyde from poison
ing it, was improper, as was all testi-
mony tending to cast suspicion by in
ference on the character and conduct
OF Hyde"
Walsh to Ask for Ball.
The court opinion, while remanding
the case to Jackson county for a new
trial, did not touch upon the question
OF bail for the prisoner while await
ing his second hearing. Frank r.
Walsh, attorney for Hyde, announced
at once that as soon as the mandate
OF the supreme court arrived in Kan
sas City he would ask to have the
physician released at once.
Just when Hyde's new trial will be-
gin Ills problematical. Although the
case is remanded to Judge Latshaw's
court, the physicians counselors say
they will take a change Of venue to
the second division OF the court, over
which presides Judge e. e. Porter
/ field.
II am willing to serve in the case"
Judge Porterfield said
And we will be ready to begin the
case at once" Mr.. Walsh said.
THE state will be ready again with
in two weeks" Mr.. Conklin com
mented.
1 r