The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1911-04-11
BY Associated Press.

Kansas City, Mo-, April 11.-Dr. B.
Clarke Hyde, after a sensational trial,
of the murder of Colonel Thomas H.
Swope, millionaire philanthropist, to-
day was granted a new trial by the
Missouri supreme court, sitting at
Jefferson City Hyde has been in the
county jail, in Kansas City, nearly a
year following his sentence to life inn
prisonment,
When the news Of the courts de-
cision reached the county Jail, Hyde
was taking his usual morning promen-
ade in the corridor before his CELL His
lawyers shouted the verdict to him.
You have been granted new trial."
Hyde stopped in his walk, smiled and
said merrily, Thank you, gentlemen.
Then as If some ordinary message had
been delivered, he continued his walk.
Other prisoners crowded around
Hyde and congratulated him. The
news travelled quickly from tier to tier,
and as the prisoners, men and women,
on the different floors heard it, cheer
ing spread throughout the prison.
Judge Ralph Latshaw, before whom
Hyde was tried, was hearing murder
case in the criminal court when the
decision was announced to him. Il
shall read the opinion with interest" !"
said the judge, who went on with the
case.
A significant point in connection
with the Hyde decision is that it
comes on April II, exactly one year
| from the date that the trial began
here. An important point in the de-
cision remanding Hyde for trial was
that the court said Judge Latshaw's S
action in ordering Hyde locked up dur
ing the progress of the trial was "im-
proper and unjustified"
Mrs. Hyde had been waiting anxious
| ly in the office of one of her attorneys.
Ten minutes after the word had come
from Jefferson City she appeared at
the Jail. She was admitted to the cell
room and rushing to that occupied by
her husband, embraced and kissed him.
The courts action in remanding
Hyde without bail cast a gloom over
Hyde and the attorneys. Frank Walsh
/ Hyde's chief attorney, had just pre-
yiously expressed his belief that the
physician would soon be at liberty
The court officials and attorneys
agreed that the higher courts action
on this point was final Virgil Conk.
ling, county prosecutor, was keenly
disappointed over the verdict and de
clined absolutely to talk about it.
DR.. Bennett Clark Hyde was con
victed on May Is last, of the murder Of
Colonel Thomas Fl. Swope, millionaire
philanthropist, and the physician
uncle by marriage. On July 5, after
denying DR.. Hyde new trial, Judge
Latshaw sentenced him to life i'm
prisonment in the penitentiary.
DR.. Hyde made strenuous efforts tt
have the court admit him to bail, of
fering security to any amount, bu
Judge Latshaw steadfastly refused
i He declared the Missouri law prohibit
ed the release on bail in murder cases
i On September 20 last, the Hyde at
torneys filed an appeal for new trial
There were two hundred and fifty-fivs
separate and distinct points on which
the attorneys said the trial court erret
in ruling.
Arguments on the appeal were be
gun in the supreme court at Jefferson
City February 6, Judge Kennish
Judge Brown and Judge Ferris listen
ing. Frank p. Walsh. chief counse
for DR.. Hyde, based his arguments fol
a new trial partly on an attack of the
toxicologists who examined the Wis
ceras of Moss Hunton, Chrismar
Swope and Thomas H. Swope. He sale