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February 12, 1910 SCHOOL CHILDREN DRINK INTOXICANTS.
Parents Supply Liquor to Little Ones at Meals.
BEER, WHISKY AND WINE.
Doctors Say It Explains Nervousness -- Plan to Stop Custom.
The physicians who are empolyed in school inspection have been endeavoring of late to find out what the children ate and drank at home. This has been done with a view to finding the reason for nervousness in so many otherwise healthy children. In one school which has a large foreign attendance the information gained from but two rooms was startling. In one room of forty children it was discovered that seventeen had either beer, wine or whisky to drink with some of their meals the previous day.
In this room the teacher was making a record of what each child had to eat for breakfast, lunch and dinner the previous day. The following has to do only with the beverages, or liquids, served them:
Water -- Two had it for breakfast, eighteen for lunch and five for dinner.
Milk -- Three for breakfast, two for lunch and nine for dinner.
Tea -- Four for breakfast, two for lunch and nine for dinner.
Coffee -- Twenty-three for breakfast, three for lunch and four for dinner.
Beer -- Three had it for lunch and nine drank it for dinner.
Wine -- Three drank wine for lunch and one for dinner.
Whisky -- One had it for dinner.
In another room, while no wine or whisky was given t he children, they showed up strong on the coffee and beer. The report follows:
Water -- One had it for breakfast, six for lunch and none for dinner.
Milk -- Eight for breakfast, three for lunch and nine for dinner.
Coffee -- Twenty for breakfast, two for lunch and ten for dinner.
Cocoa -- Five for breakfast and one for lunch.
Chocolate -- One for breakfast, lunch and dinner.
Beer -- Five for breakfast, fourteen for lunch and fifteen for dinner.
"While people are buying $30,000 organs for churches here in this city," said the physician who inspected this school, "I think it would do more good to get a cheaperr organ and use the rest of the money in educating the parents of these children. The children of this generation will be the parents of the next and if they are reared on beer, wine and whisky, what kind of citizens will they make? This is a very serious matter and parents who see no wrong in poisoning a child's brain with alcohol and making it a nervous wreck before it is half grown must be taught better."
NURSES TO INSTRUCT.
On account of this startling discovery it is the intention now to go further than the inspection in the school and only in the home where disease exists. Mrs. Kate E. Pierson, a member of the board of pardons and paroles and connected also with the Associated Charities, has taken an interest in the matter. An effort will be made to secure nurses who speak the foreign languages necessary in this case, to go into the homes and instruct the mothers. They especially will be warned regarding giving intoxicants to their children.
"The nurses will have to do more," said Mrs. Pearson yesterday. "They will teach the mothers what is best for a child to eat, how and where to buy the proper food and how to prepare it. They also will be taught how to care for their babies and growing children."
"We find a great many nervous children in the schools, especially in certain districts," said one of the inspectors. "There is no doubt but that the giving of intoxicants is bad for them, but the constant drinking of coffee and tea by a child is also injurious.
"A growing child going to school needs the proper kind of nourishing food to hold up its end of the game. Much of the nervousness among the children in a certain district comes from alcoholic beverages, coffee and tea. Others are permitted to eat anything they choose and at any time, and consequently are badly nourished."Labels: alcohol, Associated Charities, children, doctors, food, health, schools February 12, 1910 BANKS AGAINST NEW HOLIDAY.
Lincoln Anniversary Too Near Feb- ruary 22, Month Short.
One hundred and one years ago today Abraham Lincoln was born, and in fifteen states the anniversary of that event is observed as a holiday. Missouri, however, is not included in that list, which comprises New York, new Jersey, Pennsylvania, Connecticut, Delaware, Indiana, Illinois, Oklahoma, Colorado, North and South Dakota, Minnesota, Wyoming, Nevada and Washington. Ten of these states have made February 12 a holiday since 1906.
A number of bankers yesterday expressed themselves in opposition to any more holidays, although they agreed that to the memory of Lincoln was due all the honor a republic could pay.
"As the years pass," remarked the cashier of one bank yesterday, "the figure of Abraham Lincoln looms large in history. Any honor to his memory that we could pay would be inadequate, but with Washington's birthday coming February 22, in the shortest month of the year, it seems almost too much to add another holiday."Labels: Abraham Lincoln, banking, holidays February 11, 1910
DR. HYDE CHARGED WITH MURDER IN THE FIRST DEGREE.
Colonel Swope's Nephew by Marriage Formally Accused and Arrested.
OUT UNDER $50,000 BOND.
Special Grand Jury Convenes Saturday to Investigate Swope Deaths.
BIG LIBEL SUIT DROPPED.
By Dismissing Proceedings, Dr. Hyde Avoids Giving Deposition.
 DR. B. CLARK HYDE.
Dr. B. Clark Hyde, whose wife is a niece of the late Colonel Thomas H. Swope, was formally charged in a warrant issued yesterday afternoon by Justice of the Peace Loar at Independence, with having caused the death of Colonel Swope by poison.
Dr. Hyde was arrested in the office of Marshal Joel Mayes at 4 o'clock and an hour later gave bond in the sum of $50,000 before Justice Loar. The hearing is set for February 17.
The surties on the bond are M. D. Scruggs, vice president of the Kansas City Live Stock Commission Company; Fernando P. Neal, president of the Southwest National bank, and Herbert F. Hall, presiden tof the Hall-Baker Grain Company. Frank P. Walsh, John M. Cleary, John H. Lucas, attorneys for Dr. Hyde, and William McLaughlin joined in signing the bond, which was twice as large as was suggested by Prosecutor Conkling.
SPECIAL GRAND JURY CALLED.
Two hours prior to the issuance of the warrant, Judge Ralph S. Latshaw of the riminal court ordered that a special grand jury be convened to examine into the deaths of Colonel Thomas H. Swope, Chrisman Swope and other members of the Swope family who died of typhoid fever, including Moss Hunton, who died suddenly in the Swope home.
Marshal Joel Mayes was busy yesterday selecting a list of names of men who will be asked to serve on this grand jury. The jury will be convened Saturday morning when Judge Latshaw will instruct them in their duties.
The refusal of Dr. Hyde to appear at the Reed offices yesterday morning so that his deposition could be taken in his libel suits for $600,000 against the Pulitzer Publishing Company and the dismissal by the attorneys of the suit when they learned that an attachment had been issued for Dr. Hyde, precipitated the criminal proceedings.
The information was sworn to by John G. Paxton of Independence, the executor of the Swope estate. On the reverse of the warrant was a request by Prosecutor Conkling for an immediate arrest.
BIG LIBEL SUIT DROPPED.
The scenes of activity in the Swope case yesterday were kaleidoscopic. The legal sparring began in the morning when attemts to take depositions in the offices of Atwood, Reed, Yates, Mastin & Harvey on one hand and Frank P. Walsh on the other failed because the witnesses subpoenaed were not present.
Following the issuance of an attachment by the Reed forces came the dismissal of his suit for $600,000 damages.
The dismissal of the libel suit in which the Reed forces had obtained a prior right to taking depositions was not wholly a surprise, but it roused the attorneys for the Swope estate to activity. It was shortly after 10 o'clock a. m. when the attorneys and the women witnesses in the case gathered in the Reed offices. George H. Roberts, the notary, had failed to arrive and he was found in the court house. He had not expected the case to be called. Dr. Hyde had not arrived and it was determined to ask for an attachment. This was issued and a deputy sheriff began a search for Dr. Hyde.
JUDGE LATSHAW ACTS.
It did not take long for this news to reach the Walsh offices and John M. Cleary was dispatched to Independence. There the suit alleging libel against the Pulitzer Publishing Company, John G. Paxton, Dr. E. L. Stewart and Frank G. Hall was dismissed. The sheriff was notified and recalled the deputy who had been unable to find Dr. Hyde. the latter was ensconced in a private apartment of Mr. Walsh's offices. The news of the dismissal of the suit did not sit well with the attorneys for the Swope estate. There was a conference between Reed, Atwood, Maston and Paxton. It terminated at the office of Prosecutor Conknling.
It was at this juncture that Judge Ralph S. Latshaw entered the case. He went into conference with the attorneys and a quarter of an hour later declared that he would convene a special grand jury on Saturday monrning.
In the meantime Mr. Paxton had gone to Mr. Walsh's office. He said that he was sorry that he had caused the attorneys any embarrassment, but that he had a great deal of private business to attend to. He would greatly appreciate the favor of being excused until 2:30 p. m. Mr. Walsh conferred with Judge Johnson, and returning to the room, told Mr. Paxton that they would excuse him until 2:30 p. m.
Then Mr. Paxton got busy. Mr. Reed arranged for an interview with County Prosecutor Virgil Conkling. It did not take the attorneys long to arrive at a decision. This was that Mr. Paxton should swear to the information and that Prosecuting Attorney Conkling would recommend an issuance of a warrant charging Dr. Hyde with murder.
Before Prosecuting Attorney Conkling departed for Independence he called up Mr. Walsh on the telephone and asked him to have Dr. Hyde in the office of County Marshal Joel Mayes at 4 p. m. as he desired to serve a warrant on him at that time. Mr. Walsh promised to have his client there at the appointed time.
Dr. Hyde was not at the Walsh offices when this message came and caught his attorneys somewhat by surprise. They were getting ready to take the deposition of Mr. Paxton. Dr. Hyde was notifed over the telephone to come to the Walsh offices and then Mr. Cleary was given the job of finding bondsmen for Mr. Hyde. He was only a few minutes later than 4 p. m. in getting the signatures of the three businessmen to the bond which was made out in blank.
The warrant was issued at 3:30 o'clock on the application of J. G. Paxton in the office of Justice of the Peace Loar of Independence. Mr. Paxton was accompanied to the office of Justice Loar in the Jackson County Bank building by T. J. Mastin. Virgil Conkling indorsed the information. "I hereby approve of complaint and request that a warrant be issued," affixing his signature to the back of the document.
"I suggest that the bond be fixed at $25,000," said the prosecutor. "I believe that is sufficient in this case as there are certain contingencies which lead me to believe that a greater bond is not necessary." Justice Loar also was informed by the prosecutor that he could do as he pleased as to the amount of the bond, but that the state would be satisfied with that amount.
LEAVES WITH WARRANT.
Justice Loar upon the receipt of complaint at once was given another paper by Virgil Conkling which proved to be a warrant for the arrest of Dr. Hyde. In the body of the warrant the wording was identical with that in the complaint, and after being signed by the justice of the peace, who ordered it delivered to the marshal of Jackson county, the prosecutor and Attorneys Mastin and Paxton left in an automobile for Kansas City with the warrant.
Prosecutor Conkling stated that he had placed in the warrant that the preliminary examination would be held February 17.
Justice Loar stated that if the defendant waived preliminary examination he would commit him to jail, but if not he would accept the bond which it was expected Dr. Hyde would give.
Shortly before 4 p. m. Mr. Walsh and Mr. Lucas took their client to the criminal court building. Dr. Hyde was smiling. They hastened to Mr. Conkling's office where they remained until they were told that Mr. Conkling and Mr. Paxton had returned from Independence and were in the marshal's office.
Prosecutor Conkling handed the warrant to Marshal Mayes and told him Dr. Hyde would be in the office in a few minutes.
"Is your name B. Clark Hyde?" inquired Marshal Mayes of Dr. Hyde a few monents later when he was brought into the office by Attorneys Walsh and Lucas.
Dr. Hyde nodded his head in reply.
WAIVES READING WARRANT.
"I have a warrant which I am directed to serve on you. Shall I read it?" Marshal Mayes inquired.
"We waive the reading of the warrant," spoke up Attorney Walsh and the party including Dr. Hyde smiled.
Dr. Hyde and Marshal Mayes entered into a conversation on temporal subjects. The afternoon was delightful, remarked the marshal.
Prosecuting Attorney Conkling and Attorneys Walsh and Lucas drew to one side of the room.
"I have recommended that Justice Loar take a bond of $25,000 for the appearance of Dr. Hyde at the preliminary hearing which has been set for a week from today," said Mr. Conkling.
COULD MAKE IT A MILLION.
"That is satisfactory to us," replied Mr. Walsh. "Mr. Cleary is out now and will be here very shortly with a bond that will be good for a million dollars if necessary.
"That is not necessary," replied Mr. Conkling. "I have suggested a bond which I deem sufficient."
Attorneys Conkling, Walsh and Lucas then withdrew to the outer office, leaving Dr. Hyde with Marshal Mayes.
"I am very much interested in knowing what they are going to do with me next," said Dr. Hyde to Marshal Mayes.
"Do we have to go to Independence, and will I have to stay there all night?" asked Dr. Hyde.
"If your attorneys are unable to get bond for you, you will remain with me tonight. If they do get bond, you will go to Independence with me and then go on home," said Marshal Mayes.
Dr. Hyde was inclined to be almost talkative while in the marshal's office. He talked on almost any subject not pertaining to the case, and his face, for the first time during the week, was wreathed in smiles.
About 4:30 p. m. Mr. Walsh suggested that the party depart for Independence, as he expected Mr. Cleary had already started there. Assistant Prosecutor Jost accompanied the party in the Walsh automobile, representing Mr. Conkling. A moment later they were on their way to Independence.
At 5:15 o'clock a large automobile glided up to the bank building at Independence. In it was the county marshal, having in custody Dr. Hyde. Accompanying the party were Frank P. Walsh, John Cleary and John H. Lucas. They immediately went to the office of Justice Loar.
Dr. Hyde followed his lawyers closely, and as soon as he entered stepped to one side, and motioning to a newsboy, bought an evening paper, scanning the headlines. Not once did he raise his eyes, but kept them riveted on the columns which contained the latest developments in his case. After reading the full account, he turned the paper over and reread it.
MAYES SIGNS RETURN.
County Marshal Joel Mayes drew up his chair to the desk and signed the return, turning it over to the justice.
Dr. Hyde, who was standing near, found room on a window sill where he kept reading his paper, only looking up sufficiently long to buy another, which he read with as much eagerness as the first.
Frank Walsh left the court room, stating that he would be back in a short time. Upon his return he placed the bond before the justice of the peace for $50,000 instead of the $25,000 expected.
"I expected bond for $25,0000, but this is better still," said Justice Loar.
Mr. Walsh signed the document, then handed a pen to Dr. Hyde. Dr. Hyde wrote in a plain, bold hand, without a tremor, and his signature was affixed with as much indifference as if writing a prescription for a patient. After Dr. Hyde, John M. Cleary and John H. Lucas signed the bond.
LAWYERS SIGN BOND.
After this preliminary Dr. Hyde, followed by his lawyers, went to their automobile and soon were out of sight.
"This is a good bond," said Justice Loar, after the crowd had left the office. "Mr. Neal is president of the Southwest National bank, and the others I am given to understand are stockyards men. I do not expet that there will be a preliminary examination here. I am confident that it will go to the criminal court at once.Labels: attorney, automobiles, County Marshal Mayes, doctors, Frank Walsh, Independence, James A. Reed, Judge Latshaw, murder, Prosecutor Conkling, Swope Mystery, telephone February 11, 1910 DEPUTIES RAID MERRILL HOME.
Long Siege of Residence Ends When Wife Follows At- torney's Advice.
PAINTINGS TAKEN AWAY.
Cincinnati Firm to Hold Them Pending Settlement of Supposed Debt.
A sharp rap at her front door apprised Mrs. J. L. Woods Merrill in her home, 3200 Peery avenue, a 4:30 o'clock yesterday afternoon that the enemy, in force, were storming her position. Tiptoeing to the window, she peered out. Then she stepped back in sheer surprise. James Fairweather, her attorney, was in the act of looking in.
"We'll have to give up," he whispered hoarsely through the casement. "The enemy is without and will soon be within. Deputy John Whole is here, armed with an ax and an order from the sheriff to cut a cat-hole in the portcullis if it is not lifted immediately."
It was true, as Mrs. Merrill could see at a glance. Wholey, ax in hand, looking like Richard, the Lion-Hearted, in the act of advancing upon a belligerent Corsair, was moving up the concrete steps leading to the three-story brick house which sets on a terrace several feet from the sidewalk. Behind him trouped four deputies. Not far away in the offing a couple of yellow fans had cast anchor.
"Oh, very well," she assented quietly.
A moment later Mrs. Merrill opened the door a wee little bit, peeked out, received the attachment writ which four deputies had been trying two days to serve and shut it again. Silence reigned in the house after the Yale night lock snapped. On the front porch a platoon of big men were drawing long breaths. If she opened the door again a siege which had cost them a night's rest and belated meals would bear happy fruit. If the oaken panels remained staring them in the face -- hist! The night lock was turning.
"Come in," invited Mrs. Merrill with an immobile face. "If you've got to ransack the house get through it as quickly as possible."
The deputies filed into the house and began work. Beautiful paintings that had cost thousands in good money were in a few minutes more or less carefully packed, so that the Madonnas of Spain could gaze serenely down upon Flemish landscapes through clouds of excelsior and gauze paper. Big, strong hands, admirably adapted to lifting pianos and transferring semi-anthracite from a wagon to a sub-basement, were skillful in wedging painted Cupids between the best efforts of Raphael and Murrillo so the time-seasoned paint would not rub off in the journey to the safety vault of the criminal court building.
"It's a shame and an outrage and it should not be permitted," said J. L. Woods Merrill in his office in the Arlington building yesterday afternoon, in speaking of the attachment gotten out in the interests of the Gamble Soap Manufacturing Company of Cincinnati, O., to get possession of $150,000 worth of paintings to satisfy a debt of $2,800 which is claimed Mr. Merrill owes Mrs. Francisca Gamble, but which Merrill claims never existed.
"Mrs. Merrill borrowed $2,800 from Francisca N. Gamble three years ago, but neither my wife nor myself ever gave a note for the same," said Mr. Merrill. "Since the money was borrowed, $800 was paid back one time and $600 another time, leaving only $1,200 due Mrs. Gamble. I have offered several times to settle the matter and last Monday morning when A. K. Nippert of Cincinnati called at my office we decided on a settlement, but at the last minute Mr. Nippert objected, saying he 'wasn't getting enough for Cincinnati.' And that is just the matter. They want to get those paintings to Cincinnati and then what would be the chance of me getting them back? They only put up a $6,000 bond to cover the value of ninety-two paintings worth over $150,000.
"While we were talking about the matter Mr. Nippert placed some papers on my table. When he left he gathered them up, putting them in his pocket. The next morning he came back and demanded that I return them to him. He then had issued a replevin to make me give them up and later got out the attachment.
"The replevin calls for 'one written instrument acknowledging the receipt of the sum of $2,800, signed by J. L. Woods Merril.'
"Take it from me," said Mr. Merrill, "those papers never existed.
"Just before Colonel Swope died, I talked with him regarding the establishment of an Original Oil Painting Art Institute in Kansas City," said Mr. Merrill, "and I had intended to donate some of our most valuable paintings. I still intend to do so should the institute be built unless these people are allowed to cobble them.Labels: arts, business, Thomas Swope February 11, 1910 SUES ON UNUSUAL POLICY.
Half of Insurance, to Be Paid for Extraordinary Death, Overlooked.
Daniel F. Cobb, who died August 20, 1907, when he was thrown from an elevator in the Fidelity Trust building at Ninth and Walnut streets, had one of those accident insurance policies which pays double the face value of the insurance if the insured is killed in a crowd, in a train, in an elevator, a church, or under other unusual circumstances. The beneficiary was Ada M. Davis.
Yesterday in the federal court Ada M. Davis sued the Aetna Life Insurance company of Hartford, Conn., for $5,000, with interest, damages and attorney's fees. Mr. Cobb had taken out the policy May 12, 1907. The beneficiary avers in her petition that not realize the importance of a clause in the in the insurance contract guaranteeing double payment on account of the instantaneous death, applied for the face of the policy and was paid. When, in December of that year, she discovered that sh should have had $10,000, she applied for an additional $5,000, which was denied. The amount she now asks in the United States court is $7,000.Labels: federal court, Lawsuit February 11, 1910 CIRCUS PARADE TOMORROW.
The Rhoda Royal to Pass Through the Streets in the Afternoon.
A street parade, in which will be seen the entire ensemble of the Rhoda Royal two-ring circus hippodrome and wild west, which opens in Convention hall next Monday night under the auspices of Ararat Temple, will take place tomorrow afternoon at 2:30 o'clock. The pageant, which will form at Convention hall at this hour, will make a tour of the principal downtown streets, returning to Convention hall within the course of two hours. Rhoda Royal and his entire coterie of circus celebrities will appear, and in addition the Shriners themselves will be seen in circus raiment for the first time in their lives. Besides taking part in this parade the Shriners will take no further part in the series of mid-winter performances other than assist in counting the profits derived from the engagement.Labels: circus, Convention Hall, lodges, parades February 11, 1910 LOSES EYE IN CLASS FIGHT.
Flapjack Thrown by William Jewell Junior Injures a Senior.
LIBERTY, MO., Feb. 10. -- This afternoon the annual class fight between the juniors and the seniors of William Jewel college culminated in the loss of an eye by Lewis Carr, a senior, the result of a flapjack thrown by a junior. The scrap started last night when the seniors placed their colors on top of the high school building. This morning a fight was waged between the two classes on top of the high school building. In the afternoon the freshmen joined the juniors and the sophomores allield themselves with the seniors. The juniors succeeded in placing their colors on the court house, but the seniors took them down and placed theirs around the statue of Liberty. Then it was that Lewis Carr met with his accident. The juniors would not let him down until the chief of police drove them off. The condition of the young man is serious.Labels: Liberty, schools, sports, violence February 10, 1910 HE RESEMBLES COL. SWOPE?
Elmer Swope Has Photo of Father; Is Coming Here.
MARTINSBURG, W. VA., Feb. 9. -- Although the story of Elmer Caryall Swope of this city, who claims he is the son of the late Colonel Thomas H. Swope, is discredited by the Kansas City relatives of the dead millionaire, Swope has engaged attorneys and has prepared to fight for the millions left by Colonel Swope.
Through his attorneys Swope is tracing the movements of his father after leaving his wife near here prior to the war. Government reports are said to bear out Swope's statement that his father served in the Union army and was promoted from the ranks to a colonel. Elmer Swope will leave with his attorneys for Kansas City wihtin a few days to confer with his Kansas City attorney. He has in his possession of picture of his father taken when he married and the photo is said to greatly resemble the late Western millionaire. He also has in his possession records of his father prior to his marriage in 1859.Labels: Swope Mystery February 10, 1910 JURY INFLUENCED BY HYDE'S FAILURE TO TAKE THE STAND.
Wanted to Question Him in Regard to Contents of Capsule.
J. W. Martin, one of the jurors in the Swope inquest case, was asked yesterday after the verdict was brought in what testimony caused the jurors to arrive at a conclusion.
"The fact that Dr. Hyde did not go on the stand and testify impressed us greatly," he said. "In the morning we had a meeting and the question of the nurses testimony as to the capsule was up for discussion. It was then that we decided that we wanted to hear what Dr. Hyde had to say as to the contents of the capsule. When we were denied this, it made an impression on me as well as the other jurors.
"Another thing which we considered carefully was the conference between the nurse and Dr. Hyde when Thomas H. Swope was stricken. It had its weight, bu the refusal of Dr. Hyde to testify, thereby shutting out all information of an explanatory nature, which he might have been able to give, impressed us deeply."
The verdict of the jury was to the effect that Thomas H. Swope came to his death from strychnine poison administered in a capsule "by direction of B. Clarke Hyde, whether with felonious intent, we, the jury, are unable to decide."
Coroner Zwart tried to get Dr. Hyde to the witness stand and testify in his own behalf, but the doctor's attorneys assumed responsibility for keeping him off the stand. They said in a statement they felt satisfied the evidence adduced at the inquest would convince the public of their client's innocence.
Dr. Hyde was apparently least interested of all in the room when the coroner's jury brought in the report of the inquest. He sat facing the jury and a shadow of a smile flitted over his features as the foreman finished reading. Coroner Zwart will certify the stenographic report of the case together with all of the evidence he has to the criminal court. This will be done immediately.
Just when a warrant will be issued by Prosecuting Attorney Conkling, if one is issued at all, is problematic. It was rumored from apparently good sources yesterday afternoon that no action would be taken until a report on the rest of the viscera, still undergoing examination in Chicago, is made to Executor John G. Paxton and Prosecuting Attorney Virgil Conkling.
CORONER CALLS DR. HYDE.
After Miss Kellar was recalled to the stand, where she repeated much of the testimony she had given in the other days of the inquest, Coroner Zwart called Dr. Hyde to the stand. A hush fell over the court room and all eyes were fixed on the features of the physician. Dr. Hyde did not move a muscle. His attorney, Frank P. Walsh, leaned over the table and in a low but distinct voice announced:
"The attorneys for Dr. Hyde have advised him not to testify. We do not care for him to testify here, and therefore at our suggestion he must decline to be sworn."
"I have here a copy of a newspaper dated February 1," said Prosecuting Attorney Virgil Conkling, who rose to his feet immediately after Mr. Walsh declared his client would not testify. "It contains a signed statement by Dr. Hyde, and in the light of his refusal to testify, I desire to ---"
Coroner Zwart again re-entered the arena. He motioned to Mr. Walsh and to Mr. Conkling. Mr. Conkling, his assistant, Mr. Jost, Coroner Zwart and his assistant, Mr. Trogdon, left the room. A conference of a couple of minutes followed, and when they returned Coroner Zwart declared taht he did not know just what this legal scrimmage had to do with an unsophisticated coroner, but that he wanted Dr. Hyde to testify.
"I hold that Dr. Hyde must be sworn to take the stand," said the coroner. The words were hardly out of his mouth when Mr. Walsh rose to reply.
"I stated before that on the advice of counsel, Dr. Hyde refuses to testify," he said.
COUNSEL CLASH.
Prosecutor Conkling again offered a suggestion. "The prosecutor asks the same rule apply here as with the rest of the witnesses."
"The coroner holds that the witness who is here must be sworn and then he may or may not testify as he chooses," declared Coroner Zwart.
"Notwithstanding the stand that has been taken by the coroner, and the prosecuting attorney," said Mr. Walsh, "and not intending any disrespect to the coroner, I will simply reiterate my statement that Dr. Hyde will not testify."
"If the witness does not desire to reply to certain questions which may be asked of him, he can refuse to do so under his constitutional rights," said Coroner Zwart.
"As I have said before, Dr. Hyde will not be sworn. That is final," said Attorney Walsh.
"That is sufficient for my purpose," almost shouted Prosecutor Conkling.
Coroner Zwart turned to the attorneys and remarked that he tried to afford them all of the courtesies that he could. The attorneys smiled and seemed satisfied.
THEN COMES THE VERDICT.
After testimony by Dr. Gayle as to the efficacy of strychnine as a poison, Coroner Zwart said to those in the courtroom:
"Does anyone present in this courtroom know anything as to the cause of the death of Colonel Swope?" There was an intense silence broken by a juror who asked that Mrs. Swope be recalled. Mr. Paxton escorted her to the witness chair from the seat on the garden bench she occupied the previous day. She was asked about the extra pay Miss Kellar received for attending Colonel Swope, adn said that this was talked over by the entire family, and it was their wish that Miss Kellar receive $35 instead of $25 a week. This she said was after the suggestion for the extra $10 a week had been made by Dr. Hyde.
As Mrs. Swope stepped from the witness chair, Coroner Zwart stepped forward. He told the jury that the evidence had been presented and that they were to retire and find a verdict. He handed them two legal forms for verdicts. The one that was used was added to by the jurors who were unable to decide as to the intent of Dr. Hyde in ordering the administration of the capsule which they said caused death.
Half an hour later the jury sent for Dr. Zwart. They wanted to know if they should insert the time and place of Colonel Swope's death on the verdict. He told them that they should, and a quarter of an hour later they reported.Labels: attorney, Coroner Zwart, Frank Walsh, Swope Mystery February 10, 1910 FAMOUS SINGER TO BE HERE TOMORROW.
George Hamlin to Perform at the Willis Wood. 
GEO. HAMLIN.
The students' seats are placed on sale the morning of the concert. All inquiries should be addressed to Miss Myrtle Irene Mitchell at the Willis Wood theater.Labels: Carl Busch, music, theater, visitors February 10, 1910 KLING AT MERCY OF COMMISSION.
Fans Fear Supreme Body in Baseball Will Make an Example of Him.
Will the national commission establish a precedent in organized baseball by rendering a decision unfavorable to Johnny Kling, local billiard man and Cub holdout now on the blacklist, who has applied for readmission to the fold? This is a question that is bothering the fans and judging from talk in baseball circles, the one-time Cub star is certain to encounter rough sledding before he lands back in good standing minus the black mark which now bedecks his name in the records of the court ruled over by Garry Herrmann.
The fat that the national commission is without opposition in the world of baseball at the present time makes it appear certain that it will make use of its authority when the time comes to pass upon the Kling case. Up to this year there existed on the Pacific coast the "outlaw" league, which seriously hampered the work of the commission, and a practice of granting concessions to players who had kicked the traces was followed by those in charge of the affairs of organized baseball.
This was exemplified in the case of Hal Chase, who committed a most flagrant offense by jumping from the New York Americans to the California League, only to be restored to good standing a short time after, none the worse for his rash act. This was done with the one hope of eventually wearing down the opposition to the national agreement and finally proved effectual, as last fall the "outlaws" were taken into the fold, leaving the jurisdiction of the great national game under one tribunal, the national commission.
COMPARE CASE WITH OTHERS.
"Since Kling sent in his request to Garry Herrmann for a consideration of his case with the purpose of seeking the good graces of the high tribunal, stories have sprung up regarding the Chase and Mike Kelley incidents in which the commission fought a losing battle. Chase was out on a charge of contract jumping in the middle of the 1908 season, when he left the Highlanders to play with the California outlaw league. Mike Kelley was in the same boat as Kling at the present time, and his restoration was due more to an error of the St. Louis club than anything else. Kelley refused to report to the St. Louis American in 1905, and as a result was kept out of organized baseball for two seasons, returning when the Mound City club failed to place his name on the reserve list through oversight, practically relinquishing claim to him.
In the face of these two verdicts, principally, it has been stated that the commission is hardly liable to turn around and refuse concessions to Kling that were granted to the others. Conditions have changed since then, however, and apparently this has been overlooked, as the national agreement is now absolute and its power, and for this reason the commission will no longer be forced to take a conciliatory attitude towards violators of the rules that govern baseball.
COMMISSION'S POWER ABSOLUTE.
In the event of Kling being turned down in his request for reinstatement, it will be the first case of this nature in which the commission has won out, due to the fact that opposition to organized ball is a thing of the past, and the trio now headed by Garry Herrman are in a position to govern, absolutely without the wayward players having "outlaw" leagues to fall back upon.
The fate of Kling will probably be known February 23. Mystery surrounds the purpose of the gathering, as Herrmann failed to state anything in detail, but it is taken to mean that the application of Kling will be the principal business to come up for disposal.
The date of the meeting is four days before the departure of the Club squad on their spring training trip to New Orleans and in the event of the commission giving out a decision of the case Kling would know his fate in time to prepare to accompany his old teammates, provided the act of the commission is favorable. There is a possibility, however, of the supreme court of baseball acting upon the case and then withholding their final decision until near the opening of the season.Labels: California, Chicago, Johnny Kling, New Orleans, sports February 10, 1910 GIRL ELOPES WITH SALESMAN.
Parents Informed of Wedding by Telegram From Nebraska Town.
Having first removed all her clothing and personal property from the premises, Miss Carrie Ann Evans, daughter of Mr. and Mrs. J. C. Evans, 2610 East Tenth street, yesterday forenoon told her mother she was going to a matinee. Instead, she eloped with Bert Snider, a traveling salesman. They were married at the court house.
The first intimation the parents had that their daughter had left their fireside for one more exclusively her own was a telegram from a small town in Nebraska. It said they were on their way to Omaha, where Mr. Snider is representative of a Cincinnati pump house.
The father of the bride is manager of Barklow Bros.' News Company. The mother said last night that the parents had no particular objection to Mr. Snider, but that he was scarcely known to them.
"Besides," Mrs. Evans continued, "my daughter is only 25 and I believe Mr. Snider is over 40, although he gives his age as 31. I do not, however, consider their runaway marriage in the light of an elopement. We did not actively object, only criticised it as rather hasty. Carrie told me as lately as day before yesterday that she was going to be married soon. I guess she thought she would just run away to do it in order to save father and I the pain of watching the ceremony be performed."
Mrs. Evans would not admit that she would readily forgive the couple, but evaded answering directly any question on the subject. "Oh, it will have to suit us now," was her invariable reply.Labels: Omaha, salesmen, Tenth street, wedding February 9, 1910 HOW DR. HYDE APPEARED.
Or Seemed to Appear, While Miss Kellar Was Testifying.
When this testimony was given, Dr. Hyde gazed pensively out of the window, as though the proceedings were boring to him. -- From the routine report of the Swope inquest in yesterday's Kansas City Post.
Over behind his attorneys Dr Hyde was listening to the testimony. His eyes were half closed andhis head was bowed. Then he raised his head and watched the nurse closely. His eyes were wide open now and his lips parted just a little. -- From the Kansas City Star's report of the Swope inquest.
Dr. Hyde's pale face flushed under the sudden battery of scrutiny, turned upon him as a searchlight falls upon the just and the unjust -- under the hands of a skilfull operator. His shrewd, clever, calculating face set hard and his brilliant eyes glittered, but his long slim fingers lay quietly on the table in front of him and he smiled back at Mr. Walsh's interest and friendly attempt to reassure his embarrassment. -- From the Sob Squad's report of the Swope inquest in the Kansas City Post.Labels: newspapers, Swope Mystery February 9, 1910 PLANNED TO CHANGE HIS WILL.
MRS. LOGAN O. SWOPE TEST- IFIES IN INDEPENDENCE.
THOUGHT HE WAS DYING FOR DECADES.
Artificial Cause of Death Suspected by Pathologist. 
MRS. LOGAN O. SWOPE.
After the testimony of Dr. Hektoen yesterday in the coroner's inquiry into the death of Colonel Thomas Swope, Dr. Frank J. Hall, a patholigist, testified that he was requested by Mr. Paxton to get permission from Coroner Zwart to perform the post mortem examination of the colonel's body. He acted as an assistant to Dr. Hektoen, and dictated the report to Dr. Stewart. His report was a repetition of that of Dr. Hektoen, except that it was more explicit. It was filled with techincal terms and called for frequent explanations by Dr. Zwart to the jury.
After a recess, Dr. Hall was asked several questions suggested by Mr. Reed. He said that if strychnine had been taken in quantities sufficient to have caused death it would not have been noticeable in the post mortem. He also said that some artificial cause for death was suggested as a result of the examination.
After Dr Hall testified, Dr. Hoektoen was recalled, and was asked whether strychnine affected the old people more than it did the young, and he replied that he did not know. He also said that there was nothing in the post mortem examination to indicate the cause of death, and that a chemical analysis was indicated.
Overton H. Gentry, a pharmacist of Independence, testified as to the nature of the tonic mixture which Colonel Swope took. He said that it was made up of quinine, iron, pepsin and minor drugs and that each dose, a teaspoonful, contained one-hundred-and-eightieth grain of strychnine. He put the tonic up in six ounce bottles, which would give a little more than a quarter of a grain of strychnine to the bottle.
"EXTEMPORANEOUS MIXTURE."
"This tonic was an extemporaneous mixture," said Mr. Gentry. "It was put up for and sold to Mr. Hunton although I understood that Colonel Swope used it several times."
Mrs. Maggie C. Swope, widow of L. O. Swope, and a sister-in-law of Colonel Thomas Swope, at whose home he died, was the next witness. Mrs. Swope was dressed in mourning. A closely woven black veil with a heavy border dropped loosely from her hat to her chin. She spoke clearly.
"I have lived in Independence for fifty-four years," said Mrs. Swope. "Colonel Tom was my brother-in-law and he lived at my house for the last ten years or almost since the death of my husband. My husband was Colonel Tom's favorite brother. I have six children living and there were four at home during the last illness of Colonel Swope.
"Dr. and Mrs. Hyde came to the house Friday evening, October 1, the evening of Mr. Hunton's death. I sent for Dr. Hyde.
"Colonel Swope was very averse to taking medicines. 'Medicines don't do anyone any good,' he would say when it was suggested that he take something for his indigestion, or a tonic. He did take some medicines occasionally and took the tonic that Mr. Hunton got for him. He took two bottles of this tonic in a year. It was only at rare intervals that he would take the medicine. He also took charcoal tablets for his dyspepsia. He was only ill twice in the last two years. Both Drs. Twyman and Hyde prescribed for him then. Dr. Twyman prescribed a tonic for him a year ago and last summer Dr. Hyde prescribed some laxative pills.
WANTED TO STAY DOWN.
"Colonel Swope fell Sunday, September 4. He did not want to get up and we had some trouble getting him upstairs. We sent for Dr. Twyman, but he could not come and sent his son, Elmer. He put his shoulder in a sling and said that he did not need any medicines.
"The following Sunday Dr. Hyde and his wife come out for a visit and Dr. Hyde called on Colonel Swope. He was smiling when he came downstairs. 'I have solved the question,' he declared. "Colonel Swope has agreed to have a nurse.' We all agreed that this was an excellent thing, for it was hard to care for Colonel Swope. He did not want anyone around and we could not handle him as well as a nurse would. He did not take any medicine, and the only thing we know that he took was those pink pills. Monday Dr. Hyde brought Miss Kellar.
"When Mr. Hunton was taken ill we sent for Dr. Hyde. His wife came with him, and when she asked if I wanted them to remain at the house I told them that I did. I was glad to have her there. They remained until Monday after the Swope funeral. Saturday morning Dr. and Mrs. Hyde went to the cemetery to get a burial lot. I asked my daughter to do this for me.
"Sunday morning Miss Kellar and I were alone at the breakfast table. Miss Keller had told me that Colonel Swope had spent an unusually good night and then Dr. Hyde came in. Dr. Hyde asked if Colonel Swope had had his breakfast, and when told by Miss Kellar that he had, he remarked to her, 'Please come and give him this digestive tablet.' They were not gone long, and when they returned Miss Kellar said that Colonel Swope had refused to take the medicine.
"MATTER OF TIME," SAID HYDE.
"It was not long afterward when we received word that Colonel Swope had been stricken. I met Dr. Hyde in the hall afterward and he said: 'It is just a matter of time. He is going just like Mr. Hunton.' I stepped into Colonel Swope's room about 3 o'clock. He was unconscious then."
Mrs. Swope said that she had been told about the will which Colonel Swope had made but that she did not know its contents or any thing about any of the bequests until after his death. She said that she had been told that her children had been liberally provided for in the will. This was natural, she said, "as they were the children of his favorite brother.
"Mr. Swope was inclined to talk about his wealth to those whom he knew well. He frequently boasted to me that he was a millionaire. Dr. Hyde told me that Colonel Swope told him that he had a million and a half dollars that he intended to devote to charity. This was about the time he was taken sick.
"Dr. Hyde was aware that my children, one of whom is is wife, would be the biggest beneficiaries. They, however, did not know to what extent they had been provided for, although he told them that he had so arranged his estate that none should ever want for anything. He also talked of making a new will. He expected to do this when he got down town after he got well. Dr. Hyde understood that if Colonel Swope made a new will that the million and a half residuary estate would not go to the children.
"Dr. Hyde did not tell me that he wanted to be an executor of the estate of Colonel Swope but recently Miss Kellar told me that Dr. Hyde asked her to use her influence with Colonel Swope.
TOLD OF DEATH BY HYDE.
"I saw Dr. Hyde go into Colonel Swope's room when he was called by Miss Kellar and it was Dr. Hyde who told me that it was all over, referring to Colonel Swope's death. I only saw Colonel Swope once on the day he died. This was between 3 and 4 p. m.
"The children were all a little afraid of Colonel Swope. He did not like children and young folks seemed to bother him. That is the reason that the children did not go into his room during his last illness.
"I knew that his will was in his vest pocket. He told Moss that it was there the afternoon that he fill in the library. He told moss that if anything happened to him that he could find his will there."
Mrs. Swope was then questioned about the medicine which she threw away after the death of Colonel Swope and Mr. Hunton. She said that about a week after the funeral she cleared away a quantity of medicines which stood on an open shelf in Mr. Hunton's room. Some of these medicines, she said, were strychnine preparations or contained strychnine. Efforts were made by Coroner Zwart to get Mrs. Swope to tell just what all of the bottles and boxes contained and the colors of the boxes. Her testimony was apparently unsatisfactory in this respect. These medicines, she said, had accumulated for a couple of years.
"There was no possibility of Colonel Swope getting hold of these medicines, for he never entered Mr. Hunton's room," she said. "Colonel Swope had a well-beaten path from the library to his room and he never deviated.
"For the last twenty-five or thirty years Colonel Swope would tell me he did not expect to live much longer. He made the statement a couple of years ago while Dr. and Mrs. Hyde were here that 'You are talking to a dead man now. I am just walking around to save funeral expenses.'
"In the early part of his last illness he said that he was going to die. A week before he died he declared that he was going to get well and that he was going to change his will as soon as he got downtown. This was the first thing he said that he was going to do."
Subpoenas were served on Dr. Ludwig Hektoen yesterday in the libel suit of Dr. Hyde vs. the St. Louis Post-Dispatch an in the suit for libel by Dr. Hyde against Mr. Paxton.Labels: courtroom, druggists, Swope Mystery, Thomas Swope |
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