Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-12-15
Harry WaIdron Who Eyaded
Efforts to Capture Him Aftef
Escape, Returns in Deranged
Condition,
DEFENSE OBJECTS TO
DISMISSAL OF JURY
Court Rules Rights Of Accused
Have Not Been Placed in
Jeopardy and Sets Date fcs
New Trial,
my Morning Journal special Leased wIr,I

IBy Morning Journal Special Leased wlre.I
Kansas city. Dec. l4.-The second
trial OF Or. r. Clark Hyde on
charge of numbering Colonel Thomas
IA, Swope ended IN mistrial today,
Harry w. Waldrun, the Hyde jur-
or who escaped from the custody of a
deputy marshal last Monday morning.
returned home today. lie was found
insane bv Judge Porterfield and al,
OF the Jury was discharged. Waldron
was not punished and was permitted
To 40 home,
Dr. Hyde's third trial was set for
January ,, 1912. II is understood
that the state will ask for contnu-
ance at that time. There is little
possibility for the case being reach
ed before the April term Of court and
II may come up even later.
Attorneys for Dr Hyde objected To
the dismissal of the jury today. Judge
Purterfleld overruled their objection
and stated that the rights OF the de-
fendant had not been placed In jeop-
ardy.
The defense contends Or. Hyde cam
not be placed on trial again because
the constitution says man cannot
twice be placed In jeopardy for the
same alleged offense.
The attorneys for the defense were
greatly downcast over the sudden
ending OF the trial. They had regard
ed the jury as favorable to the cause
Of Dr. Hyde. The majority OF the
iurlrnen refused to discuss their opin-
ions on the case. Several of them had
net made up their minds. one said
he was convinced that Dr. Hyde would
have been acquitted, as many Of the
iurymen thought the states witness
Is ha, een coached
Dr hyde received the dismissal OF
the Jury as he has every other un-
usual feature of the case---with IA
quiz2ictl smile. lie and Mrs. Hyde
left the court room soon after the
jury had been discharged.
While Judge Porterfield held that
Waldron Is insane. 1t is not believed
he Is dangerous, lie was permitted
TO 80 back TO his dairy for Il was
thought he would recover more quick
ly If given open air work ana some-
thing to oeeupyN his mind. Waldron
admits that at times his mind wan.
ders. He wants 10 be left alone and
given q chance to recover his strength
he says.
Mrs. Waldron, mother of five child
rem and wan-faeed little woman,
mingled with the spectators In the
court room.
'l'm SO glad lIarry's back she
said. 1--WE need him so badly out
| home"
Wadron never was far away from
Kansas city. After leaving the hotel
| he went 70 railroad yard ana caught
q train to Emporia, Kan. He wanted
to so TO Roswell, New Mexico, his old
| home. but Emporia was as far as he
got There he learned that It was
| feared he had killed himself and turn
| ed back. Tuesday he reached Kansas
| city. Kan He was nervous, hungry
and almost out Of money. For two
hours Tuesday night he slept al tho
! home of q friend in Kansas city Kan.
| Early To-Day he went home.
/ Mrs. Waldron Immediately notified
Judge Portertield and u few hours
later Waldfon was In the court room.
Colonel Thomas II, swope died Oc-
tober 3, 1900 II was alleged that
Dr hyde poisoned him with cyanide
Of potassium and strychnine Desire
| to increase his wifes inheritance was
| the alleged motive for the crime.
On May 49, 1919. Dr. Hyde was
| found guilty of murder In the first
! degree and his punishment was flS-
ed at life Imprisonment The state
supreme court reversed the case and
remanded It for u new trial on April
| III, 1911, Dr. HYDE IL out on a ball
| Of $4,000.
The first trial nf the case, which
attracted country wide interest, cost
the state a sum estimated at 100000,
while the defense expended no less
! than three times this amonnt