Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-04-11
NEW TRIAL FOR HYDE
Prisoner Hears News While
Pacing Jail Corridor.
SERVING LIFE Sentence
Was Convicted of Murder of Million
aire Thomas II. Swope.
IN PRISON NEARLY A YEAR
Alleged Errors In Indictment Ground
for Action by Supreme Court
Of Missouri.
IN PRISON NEARLY A YEAR

KANSAS CITY. Mo-. April 11.-Dr. B.
Clark Hyde. convicted after q sensa-
tional trial OF the murder of Col.
Thomas H. Swope. millionaire phil
anthropist. 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 q year following a sentence to
life Imprisonment.
When news Of the courts decision
reached the county Jail DR.. Hyde was
taking his usual morning promenade
in front Of his cell on the third floor.
His lawyers shouted up to him: "You
have been granted q new trial.
HYDE stopped q moment. smiled. and
said. THANK you. gentlemen" and
proceeded on his walk.
Congratulated by Fellow-Prisoners.
When the other prisoners learned the
import OF the news q minute later they
crowded around DR.. Hyde and con-
gratulated him. For the FIRST time
since his incarceration he mingled with
his fellow prisoners.
To newspaper men DR.. Hyde de-
clined to make any comment, saying he
must consult his attorneys first.
The supreme courts decision was on
an appeal Of Hyde's attorneys for q
new trial. He was sentenced July s,
1919. to life Imprisonment by Judge
Latshaw. September 20. 1910. his at
torneys asked the highest court in the
state for new hearing. charging
error in 25o points. These included the
following allegations:
THAT the indictments were illegal
and the evidence insufficient to support
the allegation; that competent testi-
mony was barred and incompetent ties.
timony received; that prejudicial re-
marks were allowed by the prosecutor
and by the court; that the court should
not have revoked Hyde's bond during
Inc trial, and that the verdict was
the result Of passion and prejudice.
The chief evidence attacked was that
OF the Chicago and Michigan toxocolo-
elets who examined the viscera of the
dead Swope. An especial attack was
made on Prof. Vaughn of Michj1an.
who testified he found strychnine in
the liver of Col Swope
Found Guilty Of Murder.
Or. Hyde was found guilty Of murder
May 10. 1910. HIS inability properly to
explain tho purchase OF capsules of
potassium cyanide was chiefly responsible
FOR his conviction. He said 1t was used
70 Kill cocsuoaches. The prosecution said
It was to kill members Of the Swope
family and asked. Does a man kill cock
soeches with poison capsules?' Two DAYS
ana q h4f after the arguments ended the
verdict was returned. The first OF q
series Of deaths in the Swope family was
the death OF James Moss Huntoon o.
Seoer I. 1909. The prosecution charged
y0nd the limit OF recovery.
Two days later Col. Swope was stricken
WITH convulsions and died. witnesses
testified that few minutes before the
Swope . capsuie-similar to the cyanide
capsules It was shown he bought. The
coaoners VIII. leaving 81 100000 to rela-
tives. was fled. and then Mss Mar
came Ill with typhoid fever. Then Cbris.
man Swope and two other relatives men.
toned in the will became i'll OF typhoid
December ChrisnAn Swope died. havins
ccnvulsion: similar to those Of his uncle,
the colonel.
Girls Seized With Typhoid.
Two days later two morn siris-sseateea
under the wilAbecsme I'll with tyuhoid
Fever. and nurses At the trial testified
Hyde had inoculated tho sick persons
with the fever germs. The repeated and
continued Illness and the two sudden
deaths aroused suspicion. and q secret au-
top0y was made Of the exhuned body OF
Col Swope and later that OF Chrisman n.
On the toxicolog1sts' reports and the tes.
dmony OF q druggist who sold Hyde the
potassium. as well as that Of nurses IN
the Swope home and Of the typhoid "a.
tents, Hyde was convicted.
Mrs. Hyde. q niece Of Col 0wopA stucA
by her husband and against her relatives
ana went on the stand in his behalf bui
In vain. Hyde claimed the men had died
or natural causes. said the cyanide was 10
exterminate vefrnin. and said he had pur.
chased the typhoid fever cultures to ex.
pertinent with.
Cheers Sound Through Prison.
The news travelled quickly from tier tc
t1oe and a. the prisoners. men and wo-
man. on the different hoors heard It.
cheering that had started in Hyde's cor.
ysApr spread throughout the entire pris.
on. For fully five minutes the demon.
0trat1on continued. Judge Ralph Lat.
shaw, before whom DR.. Hyde was tried
was hearing a highway robbery case In
the criminal court when the decision was
announced to him
"I shall read the opinion with inter
se." said the Judge. who went on with