The Birmingham age-herald., 1911-12-12
M|STR|AL LIKELY
 IN THE HYDE CASE Juror Escapes During the
 Night UNUSUAL SITUATION
Prosecution Implies That Defense Instigated Escape of JurOr-ln- dignant Denial Entered-Fears
 for Sanity of the Juror

l Kansas City, December 11.-A mis- trial of the second hearing of Dr. B. Clarke Hyde. charged with killing Col.
 Thomas H. Swope, appears probable to- night
 | Made desperate, by the sight of two | of his children, from whom he had
 been separated for six years, in the
 court room last Saturday, Harry Wal dron, one of the jurors, escaped from l the jury's hotel quarters early today. While a guard slept Waldron pried l open a nailed transom, crawled through
 the opening, tip toed to a fire escape
 and leaped 15 feet to freedom. The er- | tire city police force and a dozen dep- uties from the county marshal's office have searched in vain for him since his absence was noted near daybreak. If Waldron is not found by tomor-
 row night the II remaining jurors will be discharged Judge Porterfield said
 today. Or if the missing man is found i and he cannot prove that he has not discussed the case during his absence,
 the same action will be taken. Should
 he return in good health and swear llldl It DdS tilC thiui M ifS
 one and the court is satisfied with his
 story, the trial will proceed. Fear that Waldron has killed him. self is growing. He was in highly agitated state when last seen on Sum- day night as, indeed, he had been all
 most every day since he was chosen q. juror.
 He objected to serving when he was | first selected. saying his dairy inter ests would not permit his absence.
 Later he was taken i'll and begged pitt
 eously for his wife and children. After
 that his wife wrote him daily and he
 seemed better contented Saturday his children went into the court room to see him. From his seat
 in the jury box he smiled and nodded. When court adjourned he grasped them in his arms and kissed and fondled
 them. Yesterday was Sunday and a dull day for the jury. Some of the jurors played games and others read But Waldron sat alone, playing his old band battered violin.
 Home, Sweet Home" was his favorite tune. He played 1t repeatedly. It was Pil HIS llPS nilOii ic iCbiiCu cdily tHiS morning.
 Even if Waldron's escape should re- suit in a mistrial, which would mean a loss of thousands of dollars to the county, no severe punishment could he inflicted upon him. He Is in contempt of court but the maximum penalty for this offense is but fine of $50 or a 10 days jail sentence.
 Scores of theories regarding the dis appearance were offered but the sug aestion of suicide was more generally accepted. Officers think worry about his family may have temporarily deranged him.
 Prosecutor Conkling issued a state ment intimating Waldron had been in- duced to escape. Attorneys for Dr. Hyde gave out written statement de- ploring the incident and setting forth that they had always urged q speedy trial. They were especially emphatic in denying the prosecutors insinua- tions.
 The II jurors rested all day. Just before court adjourned tonight they were led to the jury box and the roll called. Waldron's name was called twice.
 expressing his regret at Waldron's ab- sence and warning them that the ii, :. cident must in no way affect thelr judgment of the case. When the court sent the jury to the hotel for the night they were disappointed. They thought they would be discharged.