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Show M. HYDE HELD RESPONSIBLE FOR DEATH OF COL SWOPE, MILLIONAIRE Coroner's Jury, After An Hour's Deliberation, Decide That Strychnine Was Administered in the Capsule Left by the Doctor rule apply as with all witnesses." hj said vehemently. "We retuse to allow the, wituqo6 la testify." insisted Walsh. "The coroner Insists," Dr. Zwart answered hastily. "Counsel refuses to allow tho wit neas to testify Dr. Zwart sat down. Then Vlrgl! Conkllng, still with the nowspap-r copy of Dr. Hyde's statement la hli hand, the statement in which Dr Hyde said that he was ready an willing to testify at any Inquiry, that he was eager for an investigation, and anxious that tho mystery of Col Swopc's death bo cleared up, looked at Dr. Hyde, at the attorneys and at the spectators. Ills voice becanio hard: "Then." he said, 'that is sufficient for tho, purpose of the prosecutor." This 'ended the Incident and Ir. W. Gayle. a Kansas City physician, wnr calli-d to give expert testimony on rh rfi'ects of strychnine upon the human system and the symptoms accompanying accom-panying poison by that method. During a short recess. Mr. Walsh, attorney for Dr. Hyde said he had ni statement lo make regarding hid Tra-wm Tra-wm for refusing to allow Dr. Hyde to testify. Kansas City, Feb. 9. "Col. Swope came to his death by reason of strychnine strych-nine administered in a capsule by Dr. B. C. Hyde, but whether by felonious intent or not, wo, the jury, are unable to say." This verdict was rendered at 1 o'clock this afternoon by the coroner's' coron-er's' Jury at Independence, after being out one hour. j It lacked just a few minutes of be- : Ing an hour after the end of tho in- 1 quest when it was announced that tho 1 jury was ready to report. After 'the six jurors had takeu their seats, Coroner Cor-oner Zwart asked: "Gentlemen, have you arrived at a verdict?" "We have," replied Samuel H. Woodson, tho foreman, who thereupon ; read tho document. j "We, the coroner's jury," he read. "summoned urgently to inquire by ; what means Thomas H Swope came lo his death, from tho evidence adduced ad-duced before us and from our knowledge, knowl-edge, that said deceased came to his cath by strychnine poisoning, and we believe said strychnlDO poison wa. administered in a capsule at 8:30 o clock a. m, on tho day he died, by the direction of Dr. D. C. Hyde, whether wheth-er with felonious intent, we, tho jury, are unable to decld" The reading of the verdict caused Dr. Hyde involuntarily to start forward for-ward in his cbalr. Turning to John M. Clean-, one of his attorneys, Dr. Hyde asked: "What does that mean?" , Mr. Cleary explained that the jury was unable to determine, from the evidence presented whether there was cny Intent to kill or noL Dr. Hyde nodded. "I see," ho said. That was all the comment he made- Dr. Hyde and bis attorneys soon were walking down the street on their way to luncheon. A crowd of snveral hundred persons followed, talking of the case and predicting what the fu-, fu-, turo steps might be. ATter the erdlet Prosecutor Conkllng Conk-llng said he had nothing to say at this time as to tho course of his office. i mauo a statement in the court room." ho said, "and that la sufficient suffici-ent for the present. I may have t statement to moke later, but not nowr Later Frank P. Walsh made the following fol-lowing statement: "The evidence in the investigation by the state before the coroner's jury as to the death of Col. Swope was not such as to Impress counsel for Dr. Hydo vitb tho belief that. HnLhlnp of a substantial nature has been shown tending to discredit his statement heretofore mado that he. 1a noltjjer responsible by act nor design for the death of Col. Swope; or that tho death resulted from .other than natural natu-ral causes. The statement of the experts employed by Mrs, Swope wero so' at variance wltn on another, that no renonlilo eoncluMon. could bj drawn therefrom. " - - "Counsel for Hyde, therefore, refused re-fused to permit him to b iwtrn n a witness, accepting full responalbility therefor with the assurance to Ihe public that a complete Investigation would result la the exoneration of Dr. Hyde from all blame iu the matter." At the request of tho coroner's Jury, Miss Kellar, tho nurse, again took the stand and detailed ihat part of her story of yesterday in which she had described tho condition of Col Swopo from the time he had taken ihe capsule cap-sule given her by Dr. Hydo until he died. Miss Kellar described the first convulsion con-vulsion experienced by Col. Swope. I "Then," sh continued, "after ho j had turned his head from tho window, his eyes were fixed. He went info I this quivering motion, I told about I yesterday. HU hands clenched, and I there was a terrible rroUon over tho I whole body and he was making a ' sound, not with his mouth open, but I evidently, with his teeth clenched, i somewhat of a kind of a grind with the mouth tightly closed. He mad the sound at the same time he made . I this motion. I suppose that convulsion convul-sion lasted ten minutes. His arms were raised and his hands clenched tightly." "Did anything exude from the mouth?" ' "Yes. sir; his teeth, as I say, were ' tightly clenched, and I could see that there was a tenacious ropy substance, which I had a great deal of trouble in getting away. I continued washing that out for aoinc lime during tho convulsion." ! Kansas City, Feb. 9 In to the super- lative of intensity went the Swope in-que in-que ts today, into the darkness of con-Jecture con-Jecture and mystery was again carried car-ried the death of Col. Thomas Swope. For Dr. H. C. Hyde, physician to Col. Swope. on the day ho died, prescrlbor of a digestive capsule which preceded death only a short while, refused to testify to the coroner's jury and re-lused re-lused ewn to be sworn. The scene lasted only a few moments. mom-ents. In that time, more excitement occurred than for two days. It was a space of time in which pulses beat with excitement and lu which the eyes of Jurymen, spectators, wltuesses and even the stenographers stenograph-ers forgot everything else except to direct their attention to the figures which may determine an arrest' In the case of the death of Col. Swop? Frank P. Walsh, Hyde's attorney. Dr. li. F. Zwart, county coroner; Virgil Conkling, prosecuting attorney of Jackson county and Dr. Hyde. 1 Tho morning session barely had bo I gun when Dr. Zwart looked at a piece of paper upon which he carried tho list .t witnesses. His lips were Just beginning to frame the name of Dr. Hdc when Attorney Walsh arose and bent over the table. Tho court room became suddenly quiet. "The attorneys for Dr. Hydo have advised him not to ,testly." Mr. Walsh said, "we don't care for him to testify here, and, therefore, at our suggestion ho must decllue to bo sworn." I Another man was standing close by at this time, and in his hand there vos a copy of a newspaper, the pages of which wore being rapidly turned to a certain place. The man was Virgil Conkllng, prosecuting attorney. He, too, spoke his words slowly, with precision pre-cision and almost coolness. "I have here a copy of a newspaper of Feb 1." ho begau. "It contains a signed statement by Dr. B C. Hyde nad in the light tt his refusal to testify. tes-tify. I desire to " I There was an Interruption from Mr. j Walsh, and. this time the slowness of tho speech of the attorney was gone. "If this Is done for the purpose of publication," he nlmost shouted. "I " Dr. Zwart was on his feet and be- tween the two men and for a moment he and Mr Conkling conversed in a whisper. j "I must Insist upon it," Dr. Zwart said to Mr. Conkling, und just what the conversation was about, tho audience audi-ence did not know. Soon there came the explanation. "Certainly. I'll see you . privately." Mr. Conkllng said, and together they left the room. When thi coroner and the prosecuting prosecut-ing attorney returned. Dr. Zwart said: "I fMU hold that the coroner has the right to examine' witnesses, and that. Dr. Hyde was subpoenaed In' the regular way, and Is, theroforo, entitled lo testify." "I stated before that on the advice of counsel, Dr. Hyde refuses to' bo sworn to testify." promptly replied Attorney Walsh, "and, since that j There had come another luterrup- I tlon bv Prosecuting Attornev Conk- j "The pmsecuier auks lint the ame ' |