New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-04-12
NEW TRIAL FOR DR.. HYDE
Convicted Poisoner Of Colonel
Swope Smiles at Decision.

Kansas City, No. April 1l--Dr B. Clark
Hyde. convicted OF the murder Of Colonel
Thomas II. Swope. the millionaire philan-
thropist. will have a new trial according
to decision OF the Missouri Supreme Court.
handed down at Jefferson City to-day. DR..
Hyde has been in the county jail at Kansas
City nearly a year following a sentence 10
life Imprisonment.
DR. Hydes attorneys told him Of the dee
cision as he was taking his usual morning
promenade in front Of his cell on the third
| floor.
Hyde stopped a moment, smiled. ana
said: Thank you, gentlemen" and pro.
| ceeded on his walk.
When the other prisoners learned the frIis
port Of the news a minute later. they
crowded around DR.. Hyde and congratus
lated him. For the hrsr time since his in<
generation he mingled with his fellow
prisoners.
coincidence IN connection with tho
Hyde decision Is that IL comes on April IL
exactly one year from the date that hts
trial began here.
An important point IN the decision res
manding Hyde was that thu court said
Judge Latshaws action IN ordering DR..
Hyde locked up during the progress OF hi9
trial was improper and unjustihed."
Ten minutes after the word had come
from Jefferson City Mrs. Hyde appeared az
| the Jail. She was admitted Immediately 70
the cell room. and rushing to that occupies
by her husband2 embraced and kissed him
The Supreme Court, in setting aside the
! verdict OF the trial court, rsnands Hyde
! TO the custody OF the marshal OF Jacksou
| County without bail"
! Later DR. Hyde gave out statement Ia
which he said:
! 'Of course, I am disappointed that my
case was not reversed outright I shall.
| however, struggle on with an unbroken
spirit, confident that I will convince not
only the officer. OF the law, but the world.
Of my complete innocence OF the terrioia
charges laid against me. I look forward
with confidence to my acquittal in my next
trial. I have learned that a man can stand
anything with wife like mine believfnS N
! him and sustaining him.
To-day's decision was written by Judge
Franklin Ferris, who pays particular at.
tention to the typhoid fever epidemic and
alleged use Of strychnine and cyanide OF
potassium by Dr.. Hyde.
The Court reviews how the state showed
the deaths close tOSeLIler OI SlOss fiuheoii
and Colonel Swope and the epidemic OF
typhoid fever. which in two months
brought 10 bed nine persons"
These. the court says, were charged TO
Hyde, partly 10 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 70 do with these rntsfortunes as
| conclusive.
| The court points TO the evidence that
Colonel Swope was eighty-two years DID,
/ and that symptoms OF his last sickness
would justify the conclusion that ne died
| from senie debility or ur9uaic poisoning.
That DR.. Hyde will be retired Is certain
according TO Prosecutor Virgil Conkling. "
is probable TOO, that he will again De tried
on the charge Of numbering Colonel swope.
although il was on this case that the high
err court granted the reversal. The physi-
clan Is also under Indictment for the MUIR
der OF other members OF the Swope family.
Bond for the prisoner will be asked as soon
as the papers in the Supreme Court ceci'
sion arrive from Jefferson City.