OCR Text |
Show COURT DENIES NEW TRIAL FOR HYDE KANSAS CITY, June 29 Dr. D. C. Hyde, convicted on May It) last of poisoning Col. Thomas Swope, the millionaire philanthropist, was denied r new trial by Judge Ralph S. Lat-thaw Lat-thaw in criminal court here this morning. The prisoner's attornev immediately Hied a motion for the arrest of judgment judg-ment and the judgu set Tuesday next as the time for arguing the point. When tikis motion is disposed of next week the matter of appeal to the supreme su-preme court and a motion to release ! Dr. Hyde on bond will be taken up. Mrs. Hyde sat b-islde her husband I during the reading of Judge Lat-shaw Lat-shaw s decision tills morning. Neither appeared disturbed by the court's refusal re-fusal to graut a new trial. Hyde smiled back at bis wife us he was returned re-turned to his cell Verdict Not Influenced, hi regard to the charge of the dw feuse that he had prejudiced the jury I against the defendant In revoking the laller's bund and sending him tc Jail while the trial was In progress, Judge Latshaw said ten of the jurors haJ made' aflldavitti that they did not know Dr. Hyde had been sent to jail until after the trial was finished and the Jury's verdict was not inlluenccd by the court's action Judge Lat-shtiw Lat-shtiw said lie had exercised the greatest great-est care to keep from the Jury the fact that the defendant wa9 in joii and the charge that the jury was pre judlced on this account was not well taken. Prosecution Lost Notes. He said the prosecutor had lost th-? grand Jury notes and was therefore disarmed and did not Intend that the court should lose the prisoner. He said had the defendant failed to appear ap-pear lu court the court would have been obliged to discharge the jury and the defendant might have been immune from a later trial because of the publicity that had beett given the evidence against him. He said hla action In admitting evidence against Dr. Hyde was legal ' ami supported by numerous decisions which he clld He said that when a series of of-: of-: f tines tended to prove a general motive, mo-tive, tho evidence relating to all of I hem was admissible In a large part only In one specific charge. Defendant Used Cyanide. The court said that It was proper to admit evidence that the defendant had used cyanide In committing the crime, even though the Indictment read that the deceased came to his death by the administration of etryclinine or other poisons. He said the attorneys for the defendant de-fendant had the grand Jury notes in their possession, but were not aware of the fact, that the grand Jurors bad no knowledge that cyanide had been used by the defendant. It was contended that the indlct-jnent indlct-jnent should have stated specifically 1 whiit nolsotie were lived: '- ' i .', t |