Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-04-12
hyde CASE TO Be
DONE OVER AGAIN
OFFICIALS AWAIT REVERSAL
MANDATE OF SUPREME COURT
CONKLINC same AS EVER
Murder To be Same Chargt-Prejudioe
and Error Says Court
Resume of Trial

hhnSaS Olty, April ll'-AcupH III
the Clarke Hyde murder case, which
the Supreme Court Of Missouri today
reversed and remanded to this county
for new trial. tonight awaits the
arrival OF the official mandate from
Jefferson City Attorneys for both the
estate apd defense oan make no defi-
mite plans for tho future, until they
have read this document.
How long 1t will be before tho man
date arrives is problematlcal. The
law says II must reach here within
ten days after the opinion Is delivered.
Attorneys expect II in three or four
days
That the case will be retired, says
Prosecutor Virgil Conklin Is a GER
tainty. II IL probable, too, that DR..
Hyde will be charged with numbering
Colonel Swope, 1t was on this in
dictment that the case Just passed on
was based While no definite state
ment can be obtained regarding
whether tho special counsel retained
/ In the first trial to assist Mr.. Conklin
will be available. 1t IS said on author
| lty It will not
When thenews OF the courts de-
cison reached the county Jail, Hyde
was taking his usual morning prom
enade I'm the corridor before his cell.
/ His lawyers showed the verdict TO
him. You have been granted new
trial" Hyde stopped his walk and
smiled and said merely: THANK you
gentlemen" Then, as II an ordinary
message had been delivered he CON
tnued his walk. Other prisoners
crowded around Hyde and congratuist
ed him. The news travelled quickly
from tier 20 tier and as the prisoners
men and women, on the different
floors heard It, the cheering spread
throughout the Jail.
The judge before whom Hyde was
tried was hearing number of cases
in the criminal court when the de-
cision was announced to him. 81 shall
read the opinion with interest" sait
the Judge, who went on with the case
significant point in connection
with tho Hyde decision is that II
comes on April II. exactly one yeai
from the date that the trial began
here. An important point In the de.
clsion remanding the Hyde case was
taht the court said Judge Latshaw''
action in ordering Hyde locked VI
during the progress Of the trial was
Improper and unjustifled"
Mrs Hyde had been waiting anx.
iously at the office Of one OF her at
torneys.
Ten minutes after the word ha(
come from jefferson City she appear
sed at the Jail She was admitted tC
the cell room and rushed to that oc
cupied by her husband embraced an(
kissed him. Later both Dr. and Mrs
Hyde gave out statements.
DIR. Hyde said; "Of course, an
disappointed that my case was not re
versod outright. shat however strul
gle on with an unbroken spirit con
fdent that / Will convince not onl!
the officers OF the law but the world
OF my complete Innocence OF the ter
= rlble charRes laid against me. In tn
darkest hours of my affliction hav
= been sustained by the loving kindnes
OF countless friends who believed II
my innocence and were as firm II
the belief that under our system o
laws, while mistaken Judgment upol
the part Of the court and juries ma
temporarily Intervene, yet In the en-,
) Justice IL sure to prevail. look for
ward with serene confidence TO my &C
quittal I'm my next trial. I have learn
} ed that man can stand anythin
with wife like mine, believing In hin
| and sustaining him"
Mrs. Hyde statement II was sur
/ that the Supreme Court would FIRE
my husband, Law is q mystery TO me
was at Clark's side during every hou
OF the time he was charged with com
mitting these offenses against thos
who were near and dear to me. knoV
, the utter falsity Of the charges agains
!, him. ! would suffer again what ha
: been worse TO me than thousan
deaths rather than have a hand In a
attempt to destroy the life and char
acter OF an innocent man such as m
husband. OF course, will hope o
and on. / know tho law will give m
e husband back 10 me, not because
love him, and he loves me, but be
cause Of his innocence"
Opinion OF Supreme Court.
Jefferson city, Mo-, April l1.-DI
b. Clark Hyde was this mornin
granted n new trial on the charge 9
0 the murder OF Colonel Thomas /
0 swope, the millionaire philanthropi'
n OF Kansas City, by the Supreme Cour
Q Franklin Ferris wrote the opinio
9 which Is about 1000 words long, r,
$ manding tho case TO the Jackso
County Criminal Court for re-trial,
The court held that the ogidenc
was insufficient to sustain the vel
a dict; error IN admitting the evldenc
Of other crimes; error In edmittin
n expert testimony error in the instruc
= tons given and refused by the triI
: oourt prejudiced remarks by couns
for the state to the Jury; error In r,
voking defendants bail bond durin
tho pendency Of the trial.
y Tho court sustained several Of III
= points made by the defendant, bt