| Show fATE OF NOW NOV WITH TilE THE JURY Unable to Agree After Alter Period of Balloting Jury Which Heard Case Against Kansas Kansa the City Physician Retires WILL RESUME BALLOTING AT 9 TODAY Dr Hyde Smiles as Attorney Calls Him Monster While His Faithful Wife Weeps at atHis atHis atHis His Side in Room IMMENSE CROWD AT TRIAL t 4 t t tit t ROPE MOPE FOR FOn HYDE 4 The final vote ote of the Jury It is understood was 11 to 1 for tor acquit acquittal 4 tal When Vh en Importuned to cast ca his hl f fi I i deciding vote with the rest r st of Jt f the i i Jurors it is said the maa man who Is Ii f holding out for conviction said sald he would think the matter over to tonight tonight f i night and gave his decision in the 4 morning C W V ead was f made foreman of or the jury r ti t H t M t t t t t t t t tJ t t t t t T t TY ASAS SAS CITY May 33 Tae case cne of KANSAS KA i Dr II n C Hyde nde accused of mur murdering murderIng dering Colonel Thoma Thomas IL II Swope went to the jury at 92 9 After the Jury Ju tad had balloted for tor one bour hour and forty i minutes without reach reaching lug ing In a D verdict the Jurymen were ent to their hotel bot I for tor the night They wilt Will resume balloting at 0 S tomorrow morning moraine Grown weary after more than four weeks of Imprisonment the time was greeted with sl signs ns of ut relief by the jurors During Daring the final hours of the rinsing JOIn i addresses which occupied tIu entire regular court session for tor two days day nud entered Into luto extra night Hesi sessions ns the Jurymen often looked nt the clock tork und nod moved ed restlessly In 10 their chairs chain When hen James A Reed Heed closed the states final argument tonight and Judge 3 dge Latshaw indicated the jury was free to begin voting on n its verdict the th twelve men walked quickly from roin the court room roam The court Informed them It would walt wait until about mii df t e found at that time said cour e ew would w uld be ie sent s nt to ie t their th ir hotel ht l in ib return tomorrow and nd continue their delibera deliberations tl libern Accused Man laD Is Hopeful Dr Hyde smiled as the arbiters of ot othis his 1118 fate retired Turning to his wife at his side he said Ill eat dinner at home with you au Sunday Frances Franc s sI I Off on oa another side of the court room sat Mrs Logan O 0 Swope Clustered about her were all of ot her living chil children children dren with the exception of Mrs Hyde The jury filed past her as it went to Its room roomS As S soon as the room was cleared suf sufficiently the Swope family went horn home Immediately after the Jury had retired the crowd was wa ordered from the court courtroom courtroom courtroom room but the spectators who day by day have fought for tor places from which they might best hear the testimony were unwilling to leave upon a mere request They The wanted to remain until untila a verdict was delivered but the court would not permit it In fifteen minutes after the close of ot the arguments the marshals cleared the room Every marshal in the employ of ot the county was drawn Into service They Continued OB OR Page Three a FATE OF HYDE NOW NO Vt RESTING WITH T Continued d From Page One Oae were warned to clear the room as soon as possible and to use strenuous efforts to prevent a demonstration Seems Seem a 1 Social Gathering More than a dozen doz n personal friends of Dr Hyde H de and his wife remained in inthe Inthe the room with the couple The seen more resembled a social gathering than the convening of ot intimates about a man manu upon u on whom a judgment that might mean destruction was being weighed Seated in thee the center of the little circle of people the physician lighted a cigar tilted back his chair and Wan began ts t tell stories Soon the party was laug a ging and ana Joking But the aged father of Dr Hyde was not Dot present The long hours of the trial have exhausted him When the thelast thelast last speech was finished he be went to his hotel and retired While Mrs B Clark Hyde H de wept con convulsively convulsively Attorney ConklIng today asked the Jury that is to pass Judgment upon her husband to inflict the death penalty upon the physician ph The im impassioned Impassioned impassioned appeal of the prosecutor did not nat move Dr Hyde nde When Mr Conk Conkling Conkling Conkling ling had ended end cd his plea to the Jury to send the defendant to death the phy physician physician turned about in his chair and smiling at his wife said Why hy lY that man wants to hang me Still sobbing Mrs Hyde put her ber arm upon her husbands shoulder s but said nothing Final Argument for State Stale Attorney James Tames A s 1 Reed began his final argument for the state tate at 7 0 o clock tonight Mr r Reed argued at the outset of ot his talk that Dr Or Hyde began to collect testimony last Decem December December ber to use In his trial although at that time no charge had bad been filed against him himlIe He lIe did not go to Mrs Swope when he found he was suspected and plead with her to have autopsies made on the bodies of ot Colonel and Chrisman Swope to prove they did not die of ot poisoning said he No Xo he left her house and came to Kansas City and employed experts to begin the study stud of poisons The reason Dr Hyde said I 1 dont remember so many times on the wit witness witness witness ness stand averred Mr Reed was be because because because cause he could cold not weave falsehoods fast enough to cover his evil acts Dr Hyde H de was nas characterized as s a physician who nho had grown so accustomed to suf sut suffering suffering fering and hardened to crime that he was able to commit the atrocities he is said to have committed commUted in the Swope houe house without flinching They The are trying to hide this mans I guilt behind the skirts of at his wife said Mr Reed Peed Do not listen to them themI I 1 say as the years ears go by bv she will rea lize how much better it would have ben been if on the night of last December IS 18 she had bad remained with her mother as she he was asked to do donde Hydes nde Greed for lor Gold Cold The attorney described Hydes greed for Jor gold bold as one that made him bolder every eft time he accomplished a crime and added to his wealth With Moss Hunton gone he said the physician was as nerved to do away with Colonel Swope the coming into his hands of ot a apart apart apart part of ot Chrisman property led him Mm to poison Margaret Swope hop ing her money too would roll into his offers Oh he be would poison polson the whole fam ily 11 shouted he Time after time as Mr Ir Reed pro progressed ro gressed Attorney Walsh rose to correct him on what he averred were errors in the states presentation of The Jury will remember the evi evidence dence Let the attorney proceed said Judge I Latshaw Although he was unable to speak s cak di dl directly of Dr Hyde being charged with grave grava v robbing a few fe years yeas ago Mr Reed brought the tho matter to the minds of the Jury by talking of Dr O G T 1 Twy man the Swope family physician who recently died He was an honest bonest man said the at torney He never robbed a grave in hi h life Of all the defenses s that have h lve ever eer been set up In a case this Is the strangest he continued At first fIr it was set up that Colonel Swope died of hardening of the arteries Next Kest it was 4 said he had poisoning And Ard then the defendant got on the stand and died from apoplexy X At first they said Chrisman died led of meningitis m gitis Then they tried to prove that he died of typhoid Seeing that this would not do they went back to meningitis Purchases of Cyanide Mr Reed assailed the physician phy ician for tor hs h s cyanide purchases for the alleged purpose of killing cockroaches When en did cockroaches begin eating he said The spectators broke into laughter lau And when he was summoned before bere Dr Twyman to explain his actions like a criminal throws away awa his hi revolver he discarded the capsules And Tom Swope picked them up Great Grent Gre t Crowd l Unruly Outside the court a 1 want mob began to battle early this ater after afternoon noon for tor vantage points from which to gain entrance to the night session se son So unruly unruh did the crowd become that sev several SEVeral several eral deputy marshals were delegated to preserve order The throng was as then Ined up two abreast The line lire ex extended extended extended tended around two sides of the court house and more than a brick blosk hlo k beyond Prosecutor Pro address was wis se severe seere severe vere ere He told the Jury plainly he h believed Dr Hyde guilty and for this reason was as working so hard to convict him He pleaded the case be bo disposed oC or in this trial If It the present arraign arraignment arraignment ment fails faits to bring a verdict he inti Iti intimated mated the defendant would never navel be brought to tidal again As gentle as Mr lir s speech was severe was the final argument lr ment for the defense delivered by Attorney y John hn Lucas Lucas appealed to the jurors upon uron the ground that the life lIe of ot Dr Hyde showed him to be an honest bon st coun try tn boy bov bo who had never nev r lt Ion lun n any harm The attorney also call d 11 attention to the fact fart that Dr Hydes H ds father f ther Is a inister an and l the son had been raised welL |