February 11, 1910
DR. HYDE CHARGED
WITH MURDER IN
THE FIRST DEGREE.
Colonel Swope's Nephew by
Marriage Formally Accused
OUT UNDER $50,000 BOND.
Special Grand Jury Convenes
Saturday to Investigate
BIG LIBEL SUIT DROPPED.
By Dismissing Proceedings,
Dr. Hyde Avoids Giving
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 10, 1910
JURY INFLUENCED BY
HYDE'S FAILURE TO
TAKE THE STAND.
Wanted to Question Him in
Regard to Contents of
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.
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 1, 1910
POISON WAS FOUND,
COLONEL SWOPE'S DEATH AS-
CRIBED TO STRYCHNINE, PROB-
ABLY GIVEN IN DRUGS.
DR. B. CLARK HYDE SUES.
Asks Damages Aggregating
$700,000 for Statements
DR. B. CLARK HYDE,
Physician Who Sues for $700,000 for Statements Growing out of the Swope Poison Cases.
CHICAGO, Jan. 31. -- Colonel Thomas H. Swope of Kansas City died from the effects of poison, according to the findings of Dr. Ludwig Hektoen and Dr. Walter S. Haines, announced in Chicago this afternoon.
It was formally declared by the doctors that Colonel Swope died from the effects of strychnine poisoning.
The report of the experts does not include the result of the analysis of the contents of the stomach of Chrisman Swope, nephew of Colonel Swope, who died soon after the demise of his uncle, under similar circumstances.
ATTORNEYS HEAR REPORT.
The investigation of the mysterious deaths of the late Colonel Swope and his nephew was shifted to Chicago today. For several weeks the internal organs of the bodies have been here in the laboratories of Dr. Hektoen and Dr. Haines, toxicologists. Today Attorney John G. Paxton, administrator of the Swope estate, Attorney James A. Reed, his associate, Virgil Conkling, prosecuting attorney at Kansas City; Dr. B. H. Zwart, coroner there, and Thomas H. Swope, nephew of the dead millionaire, came to receive the report of the experts as to whether or not poison had been found in sufficient quantities to cause death.
PAXTON'S TERSE ANSWER.
The visitors arrived on a Santa Fe train at 7:28 a. m., and went at once to the Hotel La Salle, where a room was engaged. Later a conference was held at the University Club, at which the findings were revealed.
Attention of Attorney Paxton was called to the fact that suits for $100,000 had been instituted against him for slander in connection with his share of the investigation.
"I have nothing to say about this suit except that I feel somewhat flattered," said Mr. Paxton. "I have received the news by wire that Dr. Hyde has sued myself and Drs. Hall and Stewart in suits aggregating $700,000 because of slander in connection with the Swope case. I have nothing further to say.
Mr. Paxton would make no further comment beyond saying that the investigation was not fully concluded yest, and would say nothing of the investigation of Chrisman Swope's death. It was said that strychnine had been found in the stomachs and livers of both men.
Coroner Zwart returned to Kansas City tonight, but Mr. Paxton, Mr. Reed and Attorney Conkling remained. They will leave Chicago tomorrow night, Mr. Paxton said. An inquest over the bodies of Colonel Swope and his nephew will probably be started next Monday. Any criminal warrants that will be issued will probably follow the inquest.
DR. HYDE SUES FOR DAMAGES.
Through Frank P. Walsh and John M. Cleary, attorneys, Dr. B. Clark Hyde filed suit yesterday in the circuit court at Independence demanding damages aggregating $700,000 from J. G. Paxton, executor of the Swope estate and the St. Louis Post-Dispatch. The petition declares that published interviews pointed to Dr. Hyde, son-in-law of the Swopes and their family physician, as the instigator of a plot to murder Swope heirs.
The damages are asked on three counts and newspaper men are named as witnesses to statements alleged to have been made by Mr. Paxton which the plaintiff declares destroyed his professional standing and were meant to oppress, impoverish and wholly ruin him. The first suit against Mr. Paxton charges slander and the amounts asked are $30,000 actual damages and a like amount for punitive damages. The complaint in the suit against the publishing company states that headlines in the Post-Dispatch over a purported Paxton interview said that the man who "planned to kill family with typhoid germs," which, the petition alleges meant Dr. Hyde, "who has been continually watched by five detectives and will not be allowed to escape punishment."
The petition is long, and is a narrative leading up to the final mention of the family doctor's name and alleged insinuations that he plotted to kill. Interviews with the county coroner, Dr. B. H. Zwart and Dr. Frank J. Hall, specialist in analytical work, are made a part of the contentions of the plaintiff. The damages asked in the first count total $200,000, and after this comes a similar charge on another published interview and another $200,000 is asked. The third is based on the publication of Dr. Hyde's picture, which the petition alleges clearly identified him as the "man," meant in all the interviews charging murder plots.
Dr. Hall and Dr. Edward L. Stewart are made defendants along with the newspaper. The plaintiff estimates the total wealth of all the defendants at $5,000,000.
Mrs. B. C. Hyde, formerly Frances Lee Swope, yesterday gave out a signed statement insisting that she was constantly at her husband's side, and knew his every movement.
Labels: attorney, Chicago, Coroner Zwart, Frank Walsh, James A. Reed, Lawsuit, Prosecutor Conkling, Swope Mystery
February 1, 1910
CAN DISTURB INDIAN GRAVES.
Lyda B. Conley, Kansas City, Kas.,
Woman, Loses Lawsuit.
WASHINGTON, Jan. 31. -- The fight of Lyda B. Conley, the Indian woman lawyer, to prevent the sale of the burial ground in Kansas City, Kas., where lie the bodies of her ancestors, came to an end adversely to her in the supreme court of the United States today.
The court affirmed the judgment of the lower courts that her bill to enjoin those who proposed to disturb the burial ground be dismissed.
The court ameliorated the decree by directing that the suit be dismissed without cost to Miss Conley. Miss Conley, who is one-sixteenth Wyandotte and a lawyer, claimed the burial ground of Huron cemetery in Kansas City, Kas., was reserved in perpetuity as a burial ground by a treaty in 1855 between the United States and the Indians.
Congress recently authorized the sale of the land and the removal of the bodies. Miss Conley objected to the removal of the bodies of her ancestors to the burial ground of a Methodist church. She asked for an injunction in the case, but the circuit court dismissed her petition for want of jurisdiction. She argued her own case before the supreme court.
"No court decision or legal technicality will avail in any manner to change my firm determination to prevent the desecration of the graves of my ancestors. I will resist even to the death, any attempt to remove the bodies from the old Indian burial ground and if by force of arms they succeed in killing me, my sisters will see to it that my dead body lies with my father and mother in the Huron cemetery."
This was the statement made last night to a representative of the Journal, by Miss Lyda Conley at her home, 1712 North Third street, Kansas City, Kas.
"The public burying place of the Wyandotte Indians, used by them for that purpose as early as 1814, was by the treaty between the United States and the Indians, in 1855, set aside to the Indians and their descendants as a perpetual burying ground. now by what right does the government claim ownership of this ground or the right to dispose of it? I am not a ward of the government but a citizen of the United States. I am not in rebellion as an Indian ward of the government, but am standing up for my rights as a citizen and as a descendant of the Wyandotte Indians."
Labels: attorney, cemetery, circuit court, Kansas City Kas, Lawsuit, Native Americans
January 29, 1910
POISON IN THE
ARRESTS ARE NOT EXPECTED
UNTIL LAWYER RETURNS
Attorneys Hurriedly Called
Together on Receipt
That poison in a large enough quantity to produce death has been found in the stomachs of Colonel Thomas H. Swope, Kansas City's millionaire benefactor, and Chrisman Swope, his nephew, is known almost to be a certainty. The Chicago chemists telegraphed the result of their analysis yesterday afternoon to John G. Paxton, a Swope attorney.
Mr. Paxton will leave today for Chicago. He will return immediately with the official report of the two chemists and the internal organs of the Swopes, to be sustained in evidence at the coroner's inquest early next week.
An arrest is expected to be made Friday or Saturday of next week.
Mr. Paxton received the telegram from the Chicago specialists at 2 o'clock yesterday afternoon. when in that city he arranged with Drs. W. S. Haines and Ludwig Hektoen that they should wire him the results of the post mortem examination as soon as completed. From Chicago it is learned that a message of one word was to convey the information that poison in quantities large enough to produce death had been found, and that he, Mr. Paxton, was to go to Chicago immediately.
CHEMISTS' WORK FINISHED.
Though the attorneys here refuse to divulge the information contained in this message, it is known that the work of the chemists has been completed, and that the men here who are pushing the prosecution are satisfied with the results. Prosecuting Attorney Virgil Conkling said last night that he expected the official report of the chemists, and all other evidence in the case, in his hands within forty-eight hours -- or Monday at the latest. The coroner's inquest will probably be held Tuesday. Two or three days after this, if the evidence is found satisfactory, warrants will be issued.
"I am satisfied with the results," said John H. Atwood, after reading the telegram.
"Ifs the examination of the stomach completed?" was asked.
"Drs. Haines and Hektoen are through with their work," was the reply.
Further than this Mr. Atwood refused to make any statement. Mr. Paxton was non-committal. He would neither affirm nor deny the report that poison had been found.
"Are you going to Chicago?" was asked him.
WILL SLEEP AT HOME.
"I will sleep at my home in Independence tonight," was his answer.
Neither the coroner nor the prosecuting attorney has received one word from the Chicago chemists. A duplicate copy of the report is to be sent to the coroner. The prosecuting attorney was apprised of the receipt of the telegram by Mr. Paxton yesterday afternoon, but concerning the contents of the message, the prosecutor refused to say what it contained.
Labels: attorney, Chicago, Independence, poison, Prosecutor Conkling, Swope Mystery, telegram
January 22, 1910
GETS WHAT HE ASKED
FOR WIFE'S AFFECTIONS.
Jury in Five Minutes Gives A. L.
Sherman $50,000 Verdict
Against J. C. Silverstone.
After less than five minutes' deliberation yesterday morning a jury in Judge Thomas J. Seehorn's division of the circuit court gave A. L. Sherman, a Kansas City lawyer, a verdict of $50,000 as a balm for a wound his feelings sustained when his wife lost her love for him in favor of another man three years ago. The suit, for $25,000 exemplary and $25,000 actual damages, was instituted by Attorneys L. C. Boyle and C. M. Howell.
The defendant was J. C. Silverstone, who for several years owned a drug store at Ninth and Wyandotte streets, but is now in Seattle, Was. Silverstone was not present at the opening of the case yesterday, but his lawyers were, and there was some interesting testimony. Mrs. Sherman obtained a divorce a year ago and is not in the city.
According to the testimony of Sherman he and Mrs. Sherman were married in September, 1898. Their life was happy until about January, 1907, when, he testified, Silverstone rose over the domestic horizon and began to shed compliments and other attentions on Mrs. Sherman.
One time Sherman said he asked his wife how it was she could buy millinery and fine dresses without approaching him for a loan. He had noticed for several months past that she was making purchases with out either consulting him or having the bills charged. She told conflicting stories of how she could perform the miracle, Sherman testified. He was not convinced and went to Silverstone's store to see him about it.
Sherman said he seized Silverstone by the throat and forced him back on a barrel in the rear of the drug store. Under threats of killing him, he said he obtained a partial confession and made the druggist beg for his life.
"After that my wife and I had frequent quarrels, and finally she left me, taking our child. The last I heard of her she was in Seattle."
Labels: attorney, circuit court, Divorce, druggists, Judge Seehorn, Lawsuit, marriage, Ninth street, Wyandotte street
January 16, 1910
TRACE OF POISON
FOUND, IT IS SAID.
MYSTERIOUS WHITE POWDER
DISCOVERED IN CHRISMAN
Representatives to Confer
With Chemists Before
According to attorneys representing the Swope estate poison has been found in the stomach of the late Chrisman Swope. It is said this fact was known before the body of Colonel Thomas H. Swope was taken from the vault at Forest Hill cemetery last Tuesday to Independence, where the stomach was removed for the purpose of a chemical evaluation by Chicago specialists. The white powder found has been declared to be either strychnine or some other poison.
"Chrisman Swope's stomach was sent to Dr. Haynes in Chicago nearly two weeks ago," said John H. Atwood, attorney for the Swopes, last night. "An analysis was immediately made. The result was the finding of white powder in a large quantity. This powder was either strychnine or some other deadly poison. The name of the second poison I am unable to tell you. there is no doubt in the minds of the attorneys or of the Chicago specialists that the white powder is poison."
COUNSEL GOING TO CHICAGO.
John G. Paxton and Mr. Atwood, counsel for the Swope heirs, will leave this evening for Chicago. Mr. Paxton will return Tuesday night. Mr. Atwood may remain longer. When Mr. Paxton returns he will probably bring with him the official report of the doctors' investigation.
At a conference yesterday at the Swope home in Independence, participated in by Prosecuting Attorney Virgil Conkling and counsel for the Swopes, the nurses who attended Thomas Swope told their stories.
A dispatch to The Journal from Chicago last night stated that Dr. Walter S. Haynes, the toxicologist, worked all day on the analysis and examination of the stomach of Thomas Swope with a view of tracing the typhoid bacilli which are said to still exist in the stomach and other organs. The work was carried on behind closed doors in the laboratory of the Rush Medical college.
Professor Ludvig Hektoen of the University of Chicago medical faculty has left Chicago for a few days, but when he returns he will work in conjunction with Dr. Haynes.
NO PUBLIC REPORT YET.
"I have not progressed sufficiently to make any statement as to my findings," said Dr. Haynes. "The examination will occupy several days at least. Professor Hektoen will carry on the work of making the exact microscopic tests."
The case is one of the most extraordinary presented for criminal investigation for some years.
Dr. J. V. Bacon in discussing the investigation in Chicago yesterday said that the placing of life in jeopardy by administering the bacilli of typhoid, tuberculosis or another diseases was simple, the only thing necessary being to administer the germs in milk, soup or other foods, wherein it would be impossible to detect by taste.
"The result in administering typhoid germs would simply be to create a case of typhoid," said Dr. Bacon. "The patient might recover or might die, just as in the case contracted in the ordinary way, and the percentage of recoveries is high enough to render such a method of attempted murder very uncertain. Of course in the case of an old man, enfeebled already by years, the risk of death in typhoid is heavy."
INTENDED CHANGING WILL.
It was not until a week ago, when an unofficial report was received from the Chicago specialists that poison had been found in the stomach of Chrisman Swope, that the family realized the extent of this alleged plot. Colonel Swope's body was removed from the vault in Forest Hill cemetery. The autopsy was held Tuesday and the following day the stomach and other vital organs sent to Chicago to be examined.
The investigation branched from this to the presence of typhoid fever among the Swope heirs. Eight members of the family had been taken down with typhoid fever, between December 1 and 18. Physicians were called in. then it was believed that the members of the family had not contracted the disease by natural means.
It is known that the millionaire benefactor was planning several days before his death to give $1,000,000 or more to Kansas City.
"This fund, held as a residue and bequeathed to no one," said John Paxton, attorney for the Swope estate, "contained about $1,000,000. He realized that he had provided for all his relatives handsomely, and this reside he had, I think, made up his mind to give to the public of Kansas City or for some charity. He died before he could change his will, and this residue of over $1,000,000 consequently was divided among the heirs."
Labels: attorney, Chicago, Independence, poison, probate, Prosecutor Conkling, Swope Mystery, typhoid
January 14, 1910
COL. "TOM" SWOPE
VICTIM OF PLOT
Scheme to Gain Control of
Millions by Wholesale
Murder of the Relatives of
the Great Public Benefac-
tor Believed to Have Been
BODY OF CAPITALIST
TAKEN FROM CEMETERY.
Stomach Will Be Sent to Chi-
cago for Analysis -- Chris-
man Swope, Who Also
Died Suddenly, May Have
Been a Poison Victim --
Suspect Under Close
COL. THOMAS H. SWOPE.
Was the late Colonel Thomas H. Swope, whose benefactions to Kansas City, including Swope park, amounted to more than a million and a half dollars, the victim of a scientific plot which had for its aim the elimination of the entire Swope family, by inoculation with the typhoid fever germs, looking to ultimate control of the $3,000,000 estate?
Acting on the theory that a poisoning conspiracy rivaling in fiendish ingenuity the most diabolical deeds of the Borgias was responsible for the death of Colonel Swope, October 3, last, and later of his nephew, Chrisman Swope, the body of Colonel Swope was removed Wednesday from the vault where it rested in Forest Hill cemetery and taken to Independence, where an autopsy was held.
The stomach was removed and will be taken to Chicago for analysis by chemists and toxicologists of national repute, in the hope of finding traces of poison, which members of the Swope family, their counsel and friends believe to have caused death.
RESULT OF AUTOPSY.
The autopsy of Colonel Swope's body Wednesday, attorneys for the Swopes say, resulted in the finding that death was not due to apoplexy, as was given out at the time. All the organs, including the brain, were found to be in normal condition. This could not have been the case had he died of apoplexy. The same was found in the Chrisman Swope autopsy. His brain was found to be normal, as were the other organs of his body. A slight trace of typhoid bacilli was found, but not enough, it is claimed, to have caused his death.e
But with this the plot does not end. After Colonel Swope and his nephews were out of the way, a plot was hatched, it is alleged, to kill off the entire family.
NEPHEW'S BODY EXHUMED.
Suspicion of foul play was aroused at the sudden death of Chrisman Swope last month. An autopsy was held, the stomach was removed and a thorough examination made. The stomach is now in Chicago, where it is being analyzed by a commission of eminent chemists and toxicologists.
"It will be several days before an arrest is made," said John H. Atwood of the law firm of Reed, Atwood, Yates, Mastin & Harvey. "We have the evidence well in hand. There is not a particle of doubt in my mind but that both Thomas Swope and Chrisman Swope were poisoned, and that they did not die of the diseases which they were said to have in the newspaper accounts."
TO KILL THE HEIRS.
This plot, said to have been planned with more deliberation, and even more heinous intent than the now famous Gunness affair, had for its supposed end the extermination of all the Swope heirs. Shortly before Chrisman Swope's death, it is charged, a man visited the office of a well known bacteriologist of Kansas City and secured some typhoid germs. With these deadly bacilli, those pushing the matter believe he hoped to innoculate the members of the Swope family.
Colonel Thomas H. Swope and Chrisman Swope are said to have both died after the same manner. The former died October 3. He arose the fateful morning, and was given a bath. An hour afterwards he died in convulsions.
Chrisman Swope was a man of about 30, young and vigorous. Shortly before this it was given out that he was suffering from typhoid fever. He was taken down December 2 and died four days after. He is said to have been administered a capsule an hour before his death. the nurses say that he died in convulsions.
EIGHT OTHERS STRICKEN.
The man suspected secured his typhoid bacteria November 10. His first visit to the Swope home in Independence was made Thanksgiving day. It was only a week after this that Chrisman Swope was taken down with the contagion. The plot is thought to have been to kill off the heirs by typhoid fever.
The sudden death of Chrisman Swope, following so close after the fatal illness of Colonel Swope, immediately aroused the suspicions of the family. An autopsy was held with the result that it was claimed that the last member of the family had not died of typhoid, as was said. The stomach was soon after sent to Chicago.
During this time, it is claimed, there was more evidence of a plot to kill off the entire family. Mrs. Logan Swope was taken down with typhoid fever early in December.
In rapid succession other members of the family were taken down with typhoid fever. They follow in chronological order:
Dec. 2 -- Margaret Swope.
Dec. 4 -- Miss Dixon, the governess. A negro servant by the name of Coppidge, Miss Compton, seamstress.
Dec. 5 -- Stuart Flelming.
Dec. 9. -- Sarah Swope, 14 years of age.
Dec. 11 -- Stella Swope.
Dec. 22 -- Lucy Lee.
None of the victims were in a critical condition.
NURSES FIRST SUSPICIOUS.
Lucy Lee was on her return trip from Europe. It is thought that she was inoculated with the typhoid germs in route to Kansas City. It is known that it takes from six to seven days after inoculation, for the first symptoms of the disease to show. In the case of Miss Lee, she was taken down four days after her arrival in Kansas City.
The investigation which resulted in these startling disclosures was largely at the insistence of the nurses employed in the Swope home during the illness of Chrisman Swope. At their suggestion Dr. G. T. Twyman of Independence was called in to make an investigation. He found the house to be in a sanitary condition and no place from whence the disease germs could possibly originate. Dr. Frank Hall also made an investigation with the same results.
FIVE DETECTIVES ON GUARD.
Mrs. Logan Swope and other members of the family told their suspicions to John G. Paxton, attorney for the Swope estate. At first Mr. Paxton would not believe that there could be anything in these charges. But after an investigation he, too, became convinced that there was truth in them. Mr. Paxton yesterday employed the law firm of Reed, Atwood, Yates, Mastin & Harvey, to push the investigation.
One man suspected is now under the espionage day and night of five private detectives employed by the Swopes.
Dr. Hekpeen of Rush Medical College, Chicago, is in Kansas City making investigations. He will take the stomach of Colonel Swope back with him for a thorough examination. Dr. Haynes of Chicago, a chemist of national reputation, will assist in the chemical tests to be made in the effort to find a trace of poison.
"The Swope millions will be used to run this mystery to the ground," said Mr. Atwood.
Labels: attorney, cemetery, Chicago, doctors, Independence, murder, poison, probate, Swope Mystery, Thomas Swope, typhoid
December 10, 1909
HUNDREDS AT SCENE
OF ROSEDALE KILLING.
DEPUTY'S MURDERER HAD BEEN
DRINKING AND DANGEROUS.
Compelled Two Men at Point of Re-
volver to Imbibe, Then Carry
Suit Case of Ammunition --
No Funeral Arrangements.
Hundreds of persons yesterday afternoon in Rosedale went over the route of the running fight of Wednesday night which resulted in the murder of C. Q. Lukens, a Wyandotte county deputy sheriff, and the subsequent killing of Charles T. Galloway, the slayer. The home of M. E. Patterson, 3129 Bell street, Kansas City, Mo., where the besieged man was finally captured after a desperate battle with Missouri and Kansas officers, came in for a good share of attention.
In the investigation yesterday circumstances came to light which, had they been known at the time by Lukens, probably would have prevented the double killing. From many sources it was found that Galloway had been drinking heavily preceding the shooting, and was in a dangerous mood during the day. He had made numerous attempts to find his wife, Mrs. Anna Galloway, with the avowed intention of taking her life. At the point of a revolver he forced W. E. Tompkins and James Creason to drink with him and later to assist in carrying a suitcase full of ammunition.
ENTERED THE LAWYER'S HOME.
About 6 o'clock Wednesday morning he entered the home of Rush L. Fisette, the attorney who had brought divorce proceedings on behalf of Mrs. Galloway. the half crazed man insisted on searching every room in the house in the hopes of finding his wife. He left without causing any trouble, but with threats that he would kill his wife. It was Mr. Fisette who notified the sheriff's office in Kansas City, Kas.
Mrs. Galloway was prostrated yesterday by the events of the night before. The story of her fourteen years of married life included threats by her husband, who beat her and drove her from the house. Always following a hard drinking spell the man became half crazed and in this condition seized a gun or any weapon and attacked his wife. At other times he spoke in the most endearing terms to her. Mrs. Galloway remained yesterday at the home of her sister, Mrs. James L. Connor, 1700 Dodd street, Rosedale.
LUKENS WELL LIKED.
In Kansas City, Kas., and Argentine, where Lukens had been known for years, the man was respected and liked. At the home of his widowed mother in Argentine the aged woman refused to be comforted.
The body of Lukens had been removed to Simmons's undertaking rooms in Argentine. Funeral arrangements have not been completed. Charles Quincy Lukens was a member of the Brother hood of Railway Trainmen in Argentine and also was a member of Aerie No. 87, Fraternal Order of Eagles, in Kansas City, Kas.
A post-mortem examination of the body of Galloway, conducted by Coroner Harry Czarlinsky yesterday morning at the Carroll-Davidson undertaking rooms, showed that the bullet entered his right side and taking a downward course pierced the liver and passed out the left side. A coroner's inquest will be held at 10 o'clock Monday morning.
In a letter received by Inspector of Detectives Edward P. Boyle yesterday afternoon from Chief of Police Wiley W. Cook of Kansas City, Kas., the chief said:
"Especially do I wish to express my highest commendation of Detectives Ralph Truman and J. W. Wilkens, who at the risk of their lives led the attack that effected Galloway's capture."
WANTED HIM TO DRINK.
W. E. Tompkins, employed at the Gates undertaking establishment in Rosedale and who lives at 505 Southwest boulevard, Rosedale, said he was passing in front of Galloway's home at 428 College avenue shortly after noon on the day of the double tragedy when he was accosted by Galloway and told to hold up his hands. At the same time Galloway pointed two large revolvers in the face of Tompkins and told him to follow him into the house. Tompkins followed.
When they reached the inside of the house James Creason, an electrician who helped Galloway on electrical work, was sitting there. Galloway insisted that Tompkins take a drink from a large quart bottle of whisky.
FEARED FOR HIS LIFE.
"I finally talked him out of that," Tompkins said, "but during the two hours he kept Creason and me imprisoned in the house Galloway drank at least three-fourths of the quart of whisky. He sowed us a Winchester shotgun and a Winchester rifle and a suitcase full of ammunition. He said to us: 'Do you know what I am going to do with these,' and when we answered negatively he said he was going to 'raise hell tonight.'
"We pleaded with him to let us go, as I was afraid every minute that he would get wild and kill both of us. He finally agreed to let us go if we would carry the guns and ammunition down to Creason's home on Bell street. Creason led two bird dogs and carried the guns, and I carried a heavy coil wire belonging to Galloway, and the suit case fu ll of ammunition. My load got heavy, though, and I left all of the stuff at Young's store at College avenue and Oak street. Creason, I suppose, took his stuff on down to his place, and then Galloway came back up and got what I had left."
Labels: alcohol, Argentine, attorney, Bell street, domestic violence, Dr Czarlinsky, guns, lodges, murder, Rosedale, undertakers
November 5, 1909
MAY DIVORCE JESSE JAMES.
Mrs. Stella S. James Files Suit --
Friends Think James May Re-
Enter the Tobacco Business.
Jesse James, lawyer, son of the famous bandit, and one of the best known men in Kansas City, was made defendant in a divorce suit filed yesterday by Stella J. James, who says they were married January 24, 1900.
Jesse and his wife were married while he was running a cigar store in the Junction building at Ninth and Main streets. It was not long after his celebrated trial in which he was acquitted of a charge of complicity in the Blue Cut train robbery. Jesse was one of the most talked of men in all the country in those days, and his cigar business prospered.
That he and his wife led a happy married life was the general opinion of their friends. In her petition, however, Mrs. James says that her husband has been getting homo late at night, and on these occasions has refused to tell his wife where he had been. The wife says that she is ill and under a doctor's care and without means of support. Their home is at 809 Elmwood avenue.
Friends of Jesse James have noted a change in his demeanor within the last few days. That he was troubled was apparent. Long ago he quit the cigar business, and for a time was the proprietor of a pawn shop. Then he began to study law, and after his graduation he began to practice in local courts and gave evidence of doing well. He devoted his attention largely to criminal business.
Only a few days ago Jesse confided to friends that he had decided to quit the law and intended to go on the road for the American Tobacco Company. It was Jesse's first intimation that he was not satisfied with the legal profession.
Jesse James was not at the Elmwood avenue address last night, and persons at the house said that Mrs. James was sick in bed and could not discuss the case.
Labels: attorney, cigars, Divorce, Elmwood avenue, James Gang, Jesse James Jr, Main streets, Ninth street, the Junction, tobacco
October 26, 1909
"TAR HEELS" TO ORGANIZE.
Assistant Prosecuting Attorney
Wants names of North Carolinans.
Were you born in North Carolina?
If you were, you are requested to write and inform Ruby Garret, an assistant prosecuting attorney, who with other natives of that state, is preparing to organize a North Carolina Club. Within the next month, after the names of all North Carolinans have been secured, a meeting is to be held to organize, and a banquet given. It is estimated that there are 200 natives of the state in Kansas City.
"The organization is to be purely social, merely to keep up the 'tar-heel' spirit," Mr. Garrett said.
Labels: attorney, organizations
October 21, 1909
WOMAN FOILS A PLOT
TO LOOT BIG ESTATE.
TIPS OFF IOWA WOMAN'S $300,-
Jealousy Reveals and Thwarts Far
Reaching Intrigue to Get Pos-
session of Late Adolph Hunte-
"Hell hath no terror like a woman scorned." But for a jilted Chicago woman, the plot to obtain possession of the $300,000 estate of Adolph Huntemann, who died here in March, 1907, supposedly without heirs, might not have been uncovered.
Through a tip obtained from this woman, Grant I. Rosenzweig, attorney for the estate, worked up evidence which, when presented Tuesday to Mrs. Minnie A. Shepherd and her attorneys in Burlington, Ia., caused the woman to confess that she had concocted one of the cleverest frauds of the age.
Mr. Rosenzweig returned yesterday with the woman's affidavit, in which she admitted the fraud, and relinquished all claims to the estate. This he filed with the probate court.
IOWA WOMAN'S CLAIM.
Last March the court was ready to distribute the estate to the nieces and nephews of Huntemann in Germany, their identity having been established by birth, marriage and death records there.
Just one day before Judge J. G. Guinotte was to make the order Mrs. Minnie A Shepherd appeared and filed suits against the seven different pieces of property constituting the estate.
This stopped the distribution, and Mr. Rosenzweig was ordered by the court to take Mrs. Shepherd's deposition. The story of the attempted fraud, how it was planned, and how thwarted can better be told in Mr. Rosenzweig's own words.
"In her first deposition," he said, "Mrs. Shepherd claimed to be the daughter of Pauline Lipps, who was the daughter of Mary and Adolph Huntemann. While she alleged that Pauline was illegitimate, she claimed that a common law marriage later was contracted, making Pauline a legitimate child under the laws of Missouri. If this had been true Mrs. Shepherd would have been the sole heir, to the exclusion of all the German family.
"She claimed that on account of having been an abandoned child she could furnish few facts, but said she had certain letters written by Adolph Huntemann in which he recognized her as his grandchild, a fragment of a will in his handwriting in which she was so recognized, an old Bible inscribed in his hand to her as his grandchild and a number of similar documents.
HOODWINKED HER LAWYERS.
At this point in the deposition Mrs. Shepherd named women in St. Louis, Chicago and elsewhere who, she said, had known Huntemann intimately and had been eye witnesses to certain events showing relationship of father and daughter between Huntemann and her mother.
"Judge Guinotte always is watchful of anything that looks out of place concerning estates in his court," said the narrator, "and with his approval I began a quiet investigation. I made investigations in Chicago, Des Moines, Burlington, Davenport and St. Louis and discovered a plot that had a branch in each one of these places involving women of lower classes and men of desperate character, a woman teacher and a man now in an Illinois penitentiary."
It appears that Mrs. Shepherd had employed attorneys of good standing, Holsteen & Hill in Burlington, and Boyle and Howell here. Her first step was to deceive them by pretending to advertise in the papers for the missing witnesses.
Her plot was so well arranged that each of the confederates answered the advertisements, wrote to the attorneys, giving her family history, and giving her the best of character. Each gave her a straight line of descent from Huntemann.
JILTED WOMAN'S TIP.
Everything was going well when Mrs. Shepherd made a secret trip to Chicago about the time a brother-in-law whom she and her husband had refused aid, was incarcerated in the Illinois penitentiary.
Just following this a woman in Chicago who had been jilted by one of the men in the case, gave the tip that certain information might be obtained in Davenport, Ia.
Following that up, affidavits were secured showing that Mrs. Shepherd was not an only child, but had five brothers and sisters living; that her mother has a twin sister and a brother living. It was found that her story was false, and that her grandmother, Mary, had been honorably married and was buried in Wilton, Ill.
"In addition," said Mr. Rosenzweig, "thirty or forty letters were secured which had been written by Mrs. Shepherd to her confederates giving dates, names and places which confederates were to confirm. Also letters which confederates were to copy in English and German and a fragment of the alleged will where the handwriting was to be identified.
"Confederates had obeyed her instructions, and identified all these fraudulent papers as genuine. An old Bible had been secured from a secondhand store and all names inserted in dim ink. All documents were yellow with age. I also had proof that Mrs. Shepherd's mother had died in 1903 and not in the early 80's."
After getting all of this together, Mr. Rosenzweig decided that the time had come to present it to Mrs. Shepherd and her attorneys in Burlington. He arrived there Tuesday and first laid the evidence before the lawyers who were reluctant to admit that their client could have hatched up such a clever plot.
"I went out and brought her to their office," continued Mr. Rosenzweig, "and there ensued a meeting which lasted six hours before the woman gave in. A woman of more brazen boldness and falsehood, backed by clever cunning I never expect to see. She denied authorship of the letters notwithstanding her attorneys had some of hers with which they were compared and she said that relatives who had made affidavits were unknown to her.
TRIES TO BRAZEN IT OUT.
"She looked us straight in the eye, and almost convinced her attorneys that a mistake had been made. She asked for a day in which to think the matter over, but I asked her if her story would be believed against the contrary evidence of five brothers and sisters, two uncles and aunts, her stepfather, some of her confederates and all of her letters and documents plotting the fraud which I possessed.
"At this point she asked for a private conference with her attorneys and shortly they returned saying she admitted it all. Her statement in writing was taken before a notary in which she admitted that she was not descended from and bore no kinship or relationship in now way whatever to Huntemann.
"After seeing articles in the newspapers that Huntemann had left a $300,000 estate and no known heirs the plot was hatched with assistance of others. She thought she might as well be an heir as anyone else. What inspired her most was the fact that she had been successful six years before in a similar undertaking, she said. An Australian had died leaving an estate of $1,000. By means of affidavits and other documents she said she established the fact that she was an only child of the Australian."
Labels: attorney, Chicago, con artist, Des Moines, Huntemann estate, probate, St Louis
October 7, 1909
SWOPE PROVIDED FOR
AGED, POOR AND NEEDY.
ORPHAN'S HOME AND CHILD-
REN'S OUTINGS REMEMBERED.
Will Gives $25,000 to Provident As-
sociation and Contains Other
PUBLIC BEQUESTS BY COLONEL SWOPE:
To the Humane Society of Kansas City, Mo., I give, grant, devise and bequeath in trust forever lots 1 and 2 in clock 43 of Turner & Co.'s addition to Kansas City, Mo., the proceeds of the rental thereof to be used by said Humane Society in the entertainment of children in Swope park, near Kansas City, annually, forever.
To Park College, situated in Platte county, Missouri, I give lots 15 and 16 in block 3, West Kansas addition No 2 to Kansas city, Mo.
To the Women's Christian association I give the sum of $10,000.
To the Young Women's Christian Association of Kansas City, Mo., I give the sum of $10,000.
To the Young Men's Christian Association of Kansas City, Mo., I give $10,000.
To the Provident Association of Kansas City, Mo., I give the sum of $25,000 to be known as the "Swope Fund," and to be used for the benefit of the poor and needy of Kansas City, Mo.
Before the body of Colonel Thomas H. Swope was removed from the family home in Independence, Mo., yesterday afternoon to be brought to this city to lie in state in the rotunda of the public library building, J. G. Paxton, an attorney who had possession of the philanthropist's will, gave out the public bequests mentioned therein. They are enumerated above.
"It was thought befitting," he said, "that bequests made to public institutions and to charity should be published before the funeral. The complete will, enumerating private as well as public bequests, will be filed for probate Saturday."
The lots left to the Humane society are situated at the southeast corner of Union avenue and Mulberry street in the West Bottoms. The corner lot is occupied by the Union Avenue Bank of Commerce. Good rentals are secured from the two buildings of the property.
"The bequest of Colonel Swope to the Humane Society is not a surprise to me," said E. R. Weeks, president of the society last night. "Colonel Swope had a life membership in the society and for several years has been its first vice president. He has been identified with the work for more than twenty-five years and was our closest friend.
WROTE PORTION OF WILL.
"Several years ago Colonel Swope sent for me to come to his office. When I arrived he told me that he intended to remember the society in his will which he intended writing himself. At his suggestion I wrote that portion of his will which he later copied. That is why it is no surprise. There is a provision regarding this bequest to the effect that the society may sell this property at any time it deem necessary or advisable."
The property left to Park college, Parkville, Mo., also is situated in the West Bottoms and is said to pay a good annual rental.
The Women's Christian Association, to which Colonel Swope left $10,000, has charge of hte management and maintenance of the Gillis Orphan's Home and the Armour Memorial Home for Aged Couples, Twenty-third street and Tracy avenue. Colonel Swope gave the land on which the orphanage is built. It is a large tract and later Mrs. F. B. Armour built the home for aged couples which bears her name. Sometimes it is known as the Margaret Klock home, named for Mrs. Armour's sister.
"We had hoped that we might be remembered in a small way," said Mrs. P. D. Ridenhour, acting president of the Women's Christian Association, when informed of the $10,000 bequest. "But this comes to us as a most pleasant surprise, and I might say that it comes at a time when we need it most. We had not expected anything so handsome as our benefactor has given us and to express our thanks would be the smallest way in which we can show our gratitude. In honor of his memory we will endeavor to do the greatest good with what he has left us.
Y. W. C. A. GIRLS REJOICE.
"Have you heard of the $10,000 left the Y. W. C. A. by Colonel Swope?" a young woman at the association rooms was asked over the telephone last night.
"Humph," she replied quickly, "he gave us $50,000."
"But this is over and above the $50,000," she was informed. "This is a bequest in his will."
"Oh, goody, gracious, goodness, isn't that just scrumptiously grand," she cried, dropping the telephone to fairly scream the glad news to other young women present. "Won't we have a dandy home, now, God bless him."
At that moment someone began a song of praise in honor of the welcome news. The telephone was forgotten.
"This certainly comes to us as a glad surprise," said Miss Nettie E. Trimble, secretary for the Y. W. C. A.
"Colonel Swope was so good to us when we were struggling for our new building that we had no idea of getting a bequest from his will. Years ago when the building of a home for the Y. W. C. A. was mentioned, he said he wanted to have a part in it. While committees were out working he sent us $25,000 unsolicited. Toward the close, when it looked as if we would not reach the $300,000 mark by the time set, he sent for me and asked how much we lacked. When told that we needed $22,000 to complete the figure he promptly gave us $25,000, making a total of $50,000 which he gave toward our new home.
AN ENDOWMENT FUND.
"As we have plenty of money to complete our home it is possible that Colonel Swope's bequest of $10,000 will be made a nucleus for an endowment fund to carry on industrial and Bible work. The industrial department never has been self sustaining and teachers for both have to be hired and paid. That the name of Colonel Swope will forever remain dear to the members of the Y. W. C. A. goes without saying."
Henry M. Beardsley, president of the Y. M. C. A. was out of the city and James. B. Welsh, a member of the board of directors, was notified of the bequest of $10,000 to that association.
"Good, good," he cried, "that comes to us at a time when we need it most. We have been in pretty hard straits to complete our new building and this most gracious gift will put us on our feet under full sail. The association, no doubt, will take appropriate action when notified officially of the bequest. I will sleep better tonight and so will many others."
Labels: attorney, charity, Humane Society, orphans, Parkville, probate, real estate, Thomas Swope, West bottoms, YMCA, YWCA
October 3, 1909
IN MEMORY OF HUGH C. WARD.
Governor Hadley and Others Pay
Tribute to Late Member of Bar.
Members of the Kansas City Bar Association gathered in Judge Herman Brumback's court yesterday morning, to honor the memory of the late Hugh C. Ward. Those who paid tributes to his character were Governor H. S. Hadley, J. J. Vineyard, president of the Bar Association; Frank Hagerman, Ellison Neal and Judge Willard Hall.
Resolutions will be drafted and presented to the various divisions of the circuit and appellate courts, in which Mr. Ward practice.
Labels: attorney, Herbert Hadley, Judges
September 26, 1909
JOHNSON NOT GUILTY
VERDICT OF JURY.
REPORT AFTER NEARLY FIVE
Defendant in Buckner, Mo., Assault
Case Says He Was More Affec-
tionate Toward Wife Than
After being out from 7:35 until midnight a jury in the criminal court last night returned a verdict finding William A. Johnson, charged with an assault on his wife in Buckner, Mo., August 20 of last year not guilty.
In all likelihood the case would have gone over until Monday, had not the jury made a request of Judge Ralph S. Latshaw to allow them to finish last night. the jurors have been kept locked up the greater part of a week and they were anxious to be at their homes Sunday.
The testimony yesterday, as presented by the defense, was largely that of Johnson himself. Johnson was on the stand the greater part of the afternoon. He said he was 57 years of age, had been born in Ohio and come to the Buckner neighborhood about the time he reached manhood. He said he was married 31 years ago and that he was unable to read and write, except that he could sign his name. This lack of education he attributed to the fact that he had to shift for himself from the time he was 15 and also because school conditions were rather unsettled at the time he was a child, it having been the time of the civil war.
Johnson first rented the farm he later came to own. He built the house in which he and his wife lived 20 years. His farm comprised about 800 acres and was encumbered for about $47,000. He testified that he lost money in two ranch deals, in one of them, $10,000. He said that whenever he had money in the bank, he allowed his wife to draw checks herself.
AFFECTION FOR WIFE.
"What was your feeling toward your wife?" he was asked.
"It was good, as much as that of any man and better than that of any number of men I see around," replied the witness.
This was true both at the time Mrs. Johnson was hurt and now, said he. Recounting the events leading up to and immediately upon the injury of Mrs. Johnson, the witness said:
"When we came home from church that evening (about eight hours before the assault), my wife read the paper to me and then we went to bed. I went to bed first and fell asleep almost immediately after taking some medicine I need for asthma. My recollection is that the light was burning when I went to bed. The next thing I heard was my wife calling, 'O, Dode!' a nickname she used for me.
"I jumped up and saw her on the floor, sitting down. I asked her what she was doing there and at first she didn't answer. Then she said she was sick. I wanted her to get on the bed, but she said she was too sick and asked me to lay her down. I got some pillows from the bed and laid her head on them. I don't remember whether I lit the light or not. I asked her what hurt her and she did not answer. Then I ran downstairs to call the Hilts. When they came upstairs with me, we put my wife on the bed and I called a doctor. I saw no blood until I laid her back on the pillows.
"Did you, that night, get up and go downstairs and up again or anywhere else in the house until you called the Hilts?"
"I did not."
"Did you know until the doctors made an examination how badly your wife was hurt?"
"Have you knowledge of who hurt your wife?"
"I couldn't look it in the face if I killed an animal, much less my wife. I didn't do it and have no knowledge of who did."
Johnson's testimony was not materially changed by cross-examination.
Mrs. C. F. Harra, who lives near Buckner, testified that she had asked Johnson the day after the assault if he was going to make an investigation. The witness said he replied:
"There is no need to investigate. There are no clues."
Other witnesses put on by the defense were Whig Keshlear, a detective, and his assistant. Thomas F. Callahan, an attorney, who acknowledged a deed made by the Johnsons. Depositions were read from Catherine Elliott, a washwoman, and Martha Shipley, a nurse. Both said the Johnsons seemed fond of each other. Henry Johnson, a nephew, also was called. He slept in a room adjoining the Johnsons the night of the assault.
Late in the afternoon Mrs. Johnson was recalled to the stand by the state. She said that, while she was recovering, she often talked to Johnson, but never about the injury. There was long argument over whether this answer should be admitted, but it was finally allowed to go in.
"I called for Mr. Johnson frequently to talk to him to give him a chance to ask me how it all happened."
The jury was withdrawn for a time while this testimony was being debated by counsel. James A. Reed, for the fifth time during the trial, moved the discharge of the jury while Mrs. Johnson was on the stand, but Judge Latshaw overruled.
Labels: attorney, Buckner, courtroom, criminal court, domestic violence, James A. Reed, Johnson assault case, Judge Latshaw
September 20, 1909
J. M. CHANEY, PASTOR
AND INVENTOR, DEAD.
SERVED 53 YEARS IN PRESBY-
Independence Man Was President of
Elizabeth Aull Seminary at
Lexington, Mo., in 1885 --
Born in Ohio in 1831.
REV. J. M. CHANEY.
Rev. James McDonald Chaney died late Saturday night at his home, 532 South Main street, Independence, from the rupture of a blood vessel. For several days he was indisposed from acute indigestion.
Mr. Chaney has been in the ministry for fifty-three years, and fifty-one in the Lafayette, Mo., Presbytery of the Presbyterian church. Aside from his ministerial work, he was president of the Elizabeth Aull Seminary, at Lexington in 1885 and later of the Kansas City Ladies' college.
He was born near Salem, O., March 18, 1831. He was graduated from the Princeton Theological seminary, after which he entered the Presbyterian ministry.
He came West to be president of the Elizabeth Aull college at Lexington. He was married to Miss Mary Parke, at Lexington, in 1875. From the Elizabeth Aull college, Rev. Chaney was tendered the presidency of the Kansas City Ladies' college at Independence, Mo., which position he held for several years.
During his connection with the Lafayette Presbytery, Rev. Chaney preached regularly. During his ministry he has had charge at Lamonte, Hughesville, Pleasant Hill, Corder and Alma, Mo.
Rev. Chaney was of a mechanical train of mind, and was interested in various devices, some of them his own patents. His laboratory at home was an attraction for young and old.
Rev. Chaney, after severing his connection with the Kansas City Ladies' college, promoted an academy for young men at Independence, making a feature of higher mathematics.
His son, J. Mack Chaney, is an attorney of Kansas City. A half sister, Mrs. W. B. Wilson, resides at Lexington, Mo.
STUDENT OF ASTRONOMY.
Astronomy was a field of science that fascinated the dead minister and his proclivities in this direction won him much local note. About ten years ago he invented a planetarium whereby an astronomer could determine the relative positions of all the known planets in the solar system, provided he knew the meridian passage or declination. If taken to any part of the earth's surface, the instrument could be made to indicate the movement of the planets, whether north or south of the equator. It was used in a number of schools.
Rev. E. C. Gordon, former president of Westminster college at Fulton, Mo., will conduct the funeral service, which will be held Tuesday afternoon at 2:30 o'clock from the First Presbyterian church, Independence.
Labels: attorney, churches, death, Independence, inventors, Lexington, ministers
September 11, 1909
WILL SETTLE AN OLD DISPUTE.
City Soon to Know if Armour-Swift
Are on Public Land.
John T. Harding, city counselor, is busy with one of his assistants in getting together data with which to meet the Armour-Swift interests before a commissioner from the federal court, October 1, to settle the long drawn out dispute as to whether Armour-Swift in reclaiming water front lands have not encroached on property owned by the city.
"It is my aim to get this controversy settled either through the medium of the courts or by mutual agreement," said Mr. Harding yesterday. "This dispute has gone unsettled through three preceding administrations, and it is not only embarrassing to the men who want to develop and rehabilitate the North End, but is annoying to the city. If any of the city's rights have been imposed upon, they will be restored, and the city will be in every way safeguarded and protected."
Labels: attorney, federal court, North end
August 28, 1909
HALTED A NEGRO PARADE.
Laundry Wagon Driver Was Rough-
ly Handled by Negroes.
During the parade of the negro Knights of Pythias yesterday morning at Twelfth and Central streets a small race riot took place when W. S. Jarboe, a driver for the Fern Laundry Company, accompanied by his wife, tried to drive his wagon in the direction that the procession was marching. His horse was seized by several negroes and others drew the wagon to one side. The excitement subsided of its own accord before the arrival of police from headquarters. Sergeant Robert Smith, in command of the squad, decided that the trouble had been magnified and returned to the station without making any arrests.
After the trouble had subsided and the parade had passed, Jarboe and his wife drove to police headquarters and made a complaint to Daniel V. Howell, assistant city attorney. A warrant was issued for the arrest of George Thompson, a negro lawyer who was leading the parade, and who first seized the horse which Jarboe was driving. The warrant was served last night and the case will be tried in the municipal court this morning.
"I'm not injured -- except my feelings," said Mrs. Jarboe, as she told her trouble to Attorney Howell.
Spectators, both whites and negroes, agree that Jarboe used considerable indiscretion in trying to drive his horse up the line of the parade. Even after the police had arrived and the horse had been rehitched to the wagon, Jarboe had to be restrained from whipping his horse into the mob of persons that were lined along the curbing.
There was very little excitement, considering that it was purely a racial affair, and the parade did not stop. There was no interference on the part of the "armed knights." Mrs. Jarboe was not injured, aside from her feelings, as she admitted to Mr. Howell.
Labels: animals, attorney, lodges, municipal court, parades, police headquarters, race, violence
August 16, 1909
HUGH C. WARD DIES
IN NEW YORK CITY.
APOPLEXY FOLLOWED HEAT
PROSTRATION A MONTH AGO.
Mrs. Ward and Judge PHilips at His
Bedside -- With Family Was
Spending Summer at Bass
Rooks Point, Mass.
HUGH C. WARD.
Hugh C. Ward, one of the most prominent attorneys of Kansas City, and a member of a pioneer family of Western Missouri, died from a stroke of apoplexy in New York yesterday morning.
An attack of heat prostration which he suffered in Chicago a month ago was one of the causes which led up to the death of Mr. Ward. He had never fully recovered from this attack, although his condition had improved sufficiently to permit him to continue his journey to New York, accompanied by his wife. With Mr. Ward at his death were Mrs. Ward, Judge John F. Philips and several relatives.
WESTERN TRIP FATAL.
Mr. Ward had taken a cottage for the summer at Bass Rocks Point, near Gloucester, Mass., and he left for that place in June with Mrs. Ward and their four children. Business matters required the presence of Mr. Ward in Kansas City and he came home for a few days in July. He left again for his summer home on July 13, but became ill as a result of becoming overheated in Chicago.
Mrs. Ward was called to his bedside by telegraph, and after a week his physician pronounced him able to travel. Mrs. Ward and her mother, Mrs. J. C. James, started for the East with Mr. Ward, but it was found necessary to make a stop in New York where Mr. Ward was taken to a hospital and given the attention of some of the best specialists of the city.
SUDDEN CHANGE FOR THE WORSE.
His improvement was slow, but a telegram from Mrs. Ward to her father, J. C. James, on Tuesday announced that he was much better. A sudden change occurred, however, and at 4 o'clock Saturday afternoon Mr. James received a message that Mr. Ward had grown much worse. Mr. James left at once for New York.
The announcement of the death of Mr. Ward came in a telegram from L. T. James, Mrs. Ward's uncle, who landed in New York yesterday morning from a European trip.
The funeral services and interment will occur in Kansas City, the details for these to be arranged as soon as Mr. James reaches New york.
In addition to his wife and the children, Hugh Campbell, Jr., James Crawford, Francis and John Harris, Mr. Ward is survived by his mother, the widow of Seth E. Ward, and his brother, John E. Ward.
LEGISLATION AND POLITICS.
Hugh C. Ward was born March 10, 1864 at Westport. His parents were Seth and Mary Frances Ward. Hugh was reared on the farm and received his elementary education at a private school in Westport and his collegiate education at William Jewell Collete, Liberty, Mo., and at Harvard University. He was graduated with honors from Harvard, a bachelor of arts, in 1886. He then entered the St. Louis Law School and in June, 1888, received his diploma. He then was admitted to the bar in Kansas City.
In recognition of his ability as a lawyer came in 1894 his appointment as receiver for the John J. Mastin & Co., banking business, on dissolution of partnership. The property involved consisted mostly of real estate, and amounted to more than $3,000,000.
Aside from his profession Mr. Ward was known in business circles as a director of the National Bank of Commerce, Commerce Trust Company, Kansas City Railway and Light Company, and of the Kansas City Home Telephone Company.
He was long influential in Democratic circles, and in 1892 was elected to the state legislature where he did much work in connection with constructive measures.
In case preparation Mr. Ward was known as thorough and exhaustive, and in presentation before a judge or jury clear and vigorous in expression, and intensely earnest.
As a politician he was equally successful and well known. In the legislature in 1892 besides being made vice chairman of the judiciary committee, he was appointed chairman of the committtee on conditional amendments.
In 1898 he was appoointed police commissioner by Governor Stephens, who also made Mr. Ward a member of his staff, and placed in his hands the organization of the Missouri National Guard. He resigned as police commissionier and retired from politics in 1902.
SOCIAL AND PERSONAL SIDE.
Mr. Ward was a member of the Society of Colonial Wars, deriving his eligibility through the lineal descent from Seth Ward, a member of the Virginia House of Burgesses. H e was also a member of the Elks lodge, the Country Club, the Commercial Club, the Harvard Club of the Southwest and the American Bar Association.
Mr. Ward was married October 26, 1898, to Miss Vassie James, a graduate of Vassar college and a daughter of J. Crawford James.
One of Mr. Ward's last acts was to give $25,000 to the Young Women's Christian Association of Kansas City.
Labels: attorney, banking, business, death, Judge Philips, Liberty, New York, politics, universities, Westport, YWCA
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Early Kansas City, Missouri