Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-04-11

OSe~~e~s
II. Swope. millionaire philanthropiSt
was today granted q new trial by the
Missouri supreme court. Or. HYDE has
been in the county Jail ut Kansas City
nearly year following a sentence to
life Imprisonment
Hyde Appears uneonesrnsd.
When the news Of the courts decis-
ion reached the county jail DR.. Hyde
was taking his usual morning PRONE
made up ana down the narrow corridor
In front Of his cell on the third floor.
His lawyers. who had been on hand
since o'clock. shouted the verdict up
to the prisoner.
You have been granted a new trial."
was the word that greeted him. Hyde
stopped a moment in his walk. smiled.
and said merely. THANK you. gentle
men,
Then as II some ordinary message
had been delivered the physician con-
tlnued his walk.
Prisoners conoratuits Him.
When the other prisoners learned the
import OF the news they crowded
around DIR. Hyde and congratulated
him. For the first time since his in
carceration he mingled with his fei-
low prisoners.
To newspaper men DR.. Hyde declined
to make any comment saying he must
consult his attorneys first
The news travelled quickly from, tier
to tier as the prisoners, men and wom-
en-. on the different floors heard lt
Nm to- ~
corridor and spread shruout the entire
prison. , Ss "
Judge Ralph LatshAw. before whom,
Hyde was tried was hearing robbery
case when the decision waA announced
to him. s
II shall read the opinion with inter
est" said the Judge.
Anniversary Of Trial.
A significant point in connection
with the Hyde decision Is that II cxme
on April II. exactly one year from tho
date that his trial began here.
An important point in the decision
remanding Hyde was that the court
said Judge Latshaw's action in order
ing Hyde locked up during tho pro-
gress OF his trial was Improper ana
unjustified."
Mrs Hyde had been waiting anxi-
ously this morning in the office OF John
A. Cleary. one OF her attorneys: Ten
minutes after the word had come sl,e
appeared at the Jail. She was admitted
Immediately to tho cell room and rush
ed to the one occupied by her husband.
where she embraced and kissed him.
Soon husband and wife were Joined,
by the physicians attorneys, Frank
Walsh and C1eary. a conference fol-
lowed. The supreme court IN setting
aside the verdict OF tho trial court re-
mands Hyde "to the custody OF the
marshal OF Jackson county without
bail"
Had Been Sentenced TO Life.
The Missouri supreme courts de-
cision today We on an appeal OF
Hyde's attorneys Cor n new trial. He
had been sentenced July S, 1910. to life
imprisonment by Judge Latshaw. Sept
%, 1910. his attorneys asked thu high
est court in the state for n ueyv hearing
charging error in 255 points. These
included the following:
That the indictments were Illegal and
the evidence insufficient to support the
allegation. that competent testimony
was barred and incompetent testimony
received. that prejudicinl remarks were
allowed by tho court. that the court
could not nave reSOkeV ftyQo6 = OOn0
during the trial and that the verdict
was the result OF passion and preju-
dice.
DR.. Hyde was found guilty OF muir
der May 16. 1910. His inability 60 exc
plain properly the purchase OF capsules
containing potassium OF cyanide was
chiefly responsible for his conviction.
Series Of Family Tragedies.
Tho first of the series OF tragedies IN
tho Swope family was the death %
James Moss Hunton. Oct. 1. 1909. The
prosecution charged that Hyde bled the
patient beyond the limit OF recovery
purposely. Two days later Colonel
Swope was striekexsw with convulsions
and died. The coloners will leaving
$1.60O.000 to relatives. was filed and
then Miss Margaret Swope. niece os
Colonel Swope, Crisman Swope and two
other relatives mentioned In the win
became III OF typhoid. Chrisman Swops
died Dec. 6.
lows Supreme Court.