Omaha daily bee., 1911-04-12
new TRIAL FOR DR.. HYDE
Kansas City Physician Convicted Of
Poisoning Has Another Chance.
HE is REMANDED WITHOUT BAIL
Decision Comes Exactly One Year
from BeEiuuinE Of the Trial
Doctor says he VIII Prove
hts Innocence.

Hyde, convicted after a sensational trial
Of the murder OF Colonel Thomas "a
Swope, a millionaire philanthroplst was
today granted a new trial by the Missouri
supreme court sitting at jefferson city.
Dr. Hyde has been in the county Jail at
Kansas city nearly a year following a sem
tence TO life Imprisonment
When news OF the courts decision
reached the county jail. DR.. Hyde was taxi
ing his usual morning promenade up and
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 priso-
ner:
You have been granted new trial q"
was the word that greeted him.
Hyde stopped a moment in his walk
smiled, and said merely. Thank you gen
temen"
Then II some ordinary message had
been delivered, the physician continued
his walk
When the other prisoners learned the
Import Of the news a minute later, they
crowded around DR.. Hyde and congrat-
ulated him. For the first time since his
Incarceration he mingled with his fellow
prisoners.
To newspaper men DR.. Hyde declined to
make any comment, saying he must con-
suit his attorneys first.
Judge Latshnw interested.
Judge Ralph Latshaw before whom Or
Hyde was tried. was hearing a highway
robbery in the criminal court when the de.
cision was announced to him
Il shall read the opinion with interest.
said the Judge, who went on with his case
A significant point in connection with
the Hyde decision Is that It comes OF
April ii, exactly one year from the date
that his trial began here.
An important point in the decision re
handing Hyde was that the court sale
Judge Latshaw's action In ordering DR.
Hyde locked up during the progress Of hi
trial was Improper and unjustified."
The supreme court, is setting aside tn,
verdict OF the trial court remands Hyd
70 the custody Of the marshal Of Jackson
county without bail
Statement of DIR. Hyde.
Later both Dr. and Mrs. Hyde each CAV
out statement. Or. Hyde said:
"Of course I am disappointed that m,
case was not reversed outright. ! shall
however, struggle on with an unbrokel
spirit confident that ! will convince no
only the officers OF the law but the worl
Of my complete innocence of the terribl
charges laid against me- In the darkes
hours Of my afflctlon l have been sus
tanned by the loving kindness Of counties
friends, which believed in my innocenc
as well as a firm belief in the idea tina
under our system of laws. while mistake
of Judgment upon the part Of court an
iuries may temporarily intervene. yet 4
the end justice is sure to prevail
Il look forward with serene confidene
IL. fgfa al I ha
learned that man can stand anything
with wife like mine believing In him AM
sustaining him"
Mrs. Hyde Talks.
Mrs. Hydes statement follows:
u was sure that the supreme cour
would free my husband The law is
mystery to me. l was at Clarks sid
during every hour Of the time he wa
charged with committing these offense
against those who were near and dear {
me l know the utter falsity Of the charge
against him. 1 would suffer again wha
has been worse 10 me than thousan
deaths, rather than to have had han
in the attempt to destroy the life an
character OF an innocent man such as IN
husband. OF course l viii hope on and OF
know the law will give my husban
back to me. not because I love him and h
loves me, but because he Is Innocent.
The courts action remsnding Hyd
with bail cast gloom over the Hyde
and their attorneys. Frank Walsh, Hyde
chief attorney had Just previously e.
pressed his belief that the physician wou
soon be at liberty
Court officials and attorneys agreed thu
the higher courts action on this poll
was final.
Virgil Conkling, county prosecutor Wa
ksenly disappointed over the verdict. ar
declined absolutely to talk about it.
Opinion of Supreme Court.
Today's decision was written by judi
Franklin Ferris. who pays particular q
tention to the typhoid fever epidemic, al
alleged use OF strychnne and cyanide
potassium by DR.. Hyde as brought out
the trial
The court reviews how the state show,
the death OF Colonel Moss Hunton Octob
J. Colonel Swope two days later, the eT
demic of typhoid fever, which in "
months brought to bed between Decemb
2 and December Is, nine persons namel