DOCTOR ACCUSED OF KILLINGCOLONEL SWOPE

ACCUSED MAN IS RELEASED ON

$50,000 BOND

Husband of Dead Philanthropist'sNiece Held for Alleged Crime

Once Involved in Grave.

Robbery Confession

Dr. O. T. Twyman had for yearsserved In that capacity.

Dr. Hyde prescribed for ColonelBwope in the hitter's illness. The pa-tient was Kiven a digestive capsule onOctober 3. Twenty minutes Inter,when reading a newspaper, he wentinto convulsions. His neck and limbsstiffened and he groaned in great pain.Ho milled enough to say: "I wish Ihad not taken that medicine." ThenWith gnat effort the dying mangnsped: "I wish I wove dead."

He died a few minutes later.Miss Kellar, a nurso, was alone with

Colonel Swope when the convulsionsbegan, She said the patient's face waspale throughout, and that. she wasamazed upon hearing that the maladyhad been diagnosed as apoplexy.

Only two days before James MossHunton, Colonel Swope's cousin, andnamed as an executor of the Swopewill, had died of apoplexy In the pres-ence of several persons. In this casethere was every symptom of apoplexy.

On December 2 nurses attending

Chrlßman Swope, who was being treat-ed for typhoid fevor, were surprisedwhen ho also had convulsions and be-came unconscious exactly as his undohad done two months before. Chris-man Bwope died December 6.

.Miss Margaret Swope, Chrlsman'ssister, also had convulsions in amilder form. Her illness was diag-nosed as typhoid fever.

On December 4, Miss Cora Dickson,governor In the Swope home, and acousin of Colonel Swope, and MlsaCoppege, a negro servant in the Swopohome, were both stricken with typhoid

fever.On December 5 Steward S. Fleming

of Maury county, Term., nephew ofCol. Swope, who was visiting at theBwope home, became ill, typhoid beinggiven as the cause. On December 9Miss Sarah Swope, 15 years old, aniece of Col. Swope, became 111 of ty-phoid lever, and on December 11 MissStella Swope, another niece of Col.Swope, also was stricken with thosame disease.

Another AfflictedOn December IS Miss Lucy Lee,

daughter of Mrs. Logan Swope, wasafflict,(l with typhoid fever four days

after her arrival from Europe. Dr.Hyde had gone to New York, accom-panied the young woman home, andhad treated her in the early stages ofher illness.

The live nurses employed at theBwope home became so aroused by themanifestation In the diseases prevail-ing there that finally they notified Mrs.Bwope they would all leave unless an-other physician be obtained. ThenDr. Twyman was summoned and re-sumed his services as the family phy-sician.

Shortly thereafter Dr. Hyde himselfwas stricken.

Later the body of Chrisman Swope\u25a0was secretly exhumed and that of Col.Swope was taken from its tomb. Afteran autopsy had been held the stom-achs of the two dead men were for-warded to Chicago and analyzed byDrs. Haines, Hektoen and Vaughn.

Dr. Bennett Clarke Hyde is the sonof Rev, Dr. G. \V. Hyde, a retired Bap-tist minister of Lexington, Mo. 1 >r.Hyde was born near Bunceton, Mo.,forty years ago.

He was graduated from WentworthMilitary academy, Lexington, Mo., InISB9, and then entered the University

Medical college, Kansas City. Aftergetting his degree he began the prao-tlce of medicine here.

Dr. Hyde's name has previously fig-

ured before the public In August,

181)7, Dr. Hyde, then police surgeon ofKansas City, was ousted from officebecause of alleged Inhuman treatmentof Annie Clements, a negress who hadattempted to commit suicide, and whohad come under his care at the police

station.Accused of Grave.Robbery

Dr. Hyde's name was even moreconspicuously in the newspapers in thowinter of ISDS-99, when he was charged

with grave robbing. At this time Dr.Hyde was demonstrator of anatomy atthe medical college.

The accusation was made by P;im

McClain and Charles Perry, negroes,who had been arrested on suspicion.Perry confessed that ho and his com-panion had robbed the grave of Mi-chael Kelly in St. Mary's cemetery atIndependence, Mo., and had sold thobody to Hyde.

It developed that many graves aboutKansas City had been robbed. Perryadmitted these robberies, and againimplicated Hyde, who was arrested.The case never came to trial, andfinally was dismissed March 4, 1899.Dr. Hyde protested and said he wanteda complete vindication.

In 1905 attention was again directedtoward Dr. Hyde, when it becameknown that he had clandestinely mar-ried Miss Fiances Swope, a niece ofColonel Thomas H. Swope, on June .'1of that year at Fayetteville, Ark., andagainst the wishes of her mother, Mrs.Logan O. Swope. As a Jesuit of themarriage Dr. Hyde and his wife'sfamily were alienated until recently,

when a reconciliation was brought

about.Following the announcement of Dr.

Hyde's marriage to Miss Swope, Mrs.Sarah H. Frank of Kansas Citybrought suit against Dr. Hyde, askingdamages for breach of promise. Thiscase was settled out of court.

Go In SocietyDr. and Mrs. Hyde have a modest

home in a fashionable part of the city

and move In the best circles. They

have no children.The estate of Colonel Thomas H.

Swope was valued at $3,000,000. Itconsisted of improved Kansas City

real estate In the heart of the busi-ness section and much out of townproperty.

Colonel Swope proved himself agreat benefactor to Kansas City, where

he had amassed his fortune.His most conspicuous gift was

Swope park, 1354 acres of beautifulwooded land, one of the finest andlargest recreation grounds in the mid-dle west.

Ten nephews and nieces survivedColonel Swope at the time his willw.'is tiled. Seven were in the familyof Mrs. Logan O. Swope, his Bister-

in-law.At the death of any one of theso

nephews or nieces bequests under thewill reverted to the residuary part of

the est-ite, and the surviving relativesshare,l equally In It. Hence, by tIUdeath of Chrisman Swope his share

i io the residuary estate.At the death of James Moss Hunton

his share also reverted to the estate.

Eventful Chronology inRemarkable Swope Case

OCTOBER 1, 1909—James Moss Hunton, cousin of Col. Thomas H. Swope,

died suddenly at the Swope home. In Independence, Mo., a suburb ofKansas City, supposedly of apoplexy.

October 3, IDO9—Thomas H. Swope died suddenly, exactly as Mr. Huntondied, supposedly of apoplexy.

Octoger 9—The will of Thomas H. Swope filed for probate. The estatowas valued at $3,000,000, and of this $1,600,000 was left to members of theSwope family.

December I—Miss Margaret Swope, niece of Thomas H. Swope, strickenwith typhoid fever.

December 2—Chrlsman Swope, nephew of Thomas H. Swope, strickenwith typhoid fever.

December 4—Misa Cora Dickson, governess in the Swope home, and acousin of Col. Swope, and Miss Coppe, a negro servant, both stricken withtyphoid fever.

December s—Sewart M. Fleming of Maury county, Tennessee, nephew

of Col. Swope, who was visiting at the Swope home, stricken with typhoid.

December 6—Chrisman Swopo died. Cause mystery.December 9—Miss Sara Swope, 14 years old, a niece of Col. Swope,

stricken with typhoid.December 11—Miss Stella Swope, niece of Col. Swope, stricken with ty-

phoid.December 18—Miss Lucy Lee, a relative of Col. Swope, stricken with ty-

phoid at the Swope home, four days after her arrival from Europe.

Dec 20—Dr. Bennette Clarke Hyde, whoso wi(s was a niece of Col.Fwope and who had attended Mr. Hunton and Col Swope in their last illness,stricken with typhoid.

January 7, 1910—Body of Chrisman Swope secretly exhumed and an au-topsy held.

January 11—Body of Thomas H. Swopr- secretly removed from tomb InForest Hili cemetery, and stomachs of both Swopes taken to Chicago foranalysis.

February 2—Chemists in Chicago report considerable strychnine foundin Swope'a liver.

Fehruary 6—Dr. Hyde re-files suit for damages in Kansas City.

February 7—Coroner begins inquest to learn cause of Col. Swope's death.February B—StartlingB—Startling testimony given at inquest as to last hours of

philanthropist. Dramatic scenes at Inquest.February 9—Coroner's jury finds millionaire came to death as result of

tablets administered by Dr. Hyde. Attorney refuses to let Dr. Hyde testifyat Inquest,

February 10—Dr. Hyde accused of first degree murder. Warrant issuedand Hyde arrested.

The Swope EstateThe estate of Col. Thomas H. Swope was valued at $3.000,000. Tt con-

sisted of improved Kansas City real estate In the heart of the business sec-tion, besides much out-of-town property.

He' owned property at Bartow. Fla.; Columbia, Term.: Knoxville, Term.:Middelboro. Ky.: Syracuse, N. T; Lawrence and Topeka, Kas. He alsoowned mining claims near Butte.

During his life Col. Swopo proved himself a great benefactor to KansasCity, where ho had amassed his fortune. His most conspicuous gift wasSwope park, 1354 acres of beautiful wooded land.

Swope had named as his execuors John O. Paxton, an attorney ofmdependence; Stewart S. Fleming of Columbia. Term., a nephew and JamesMoss Hunton, his cousin, also of that city. As Hunton Is dead, Paxton andFleming are the sole execuors.

The Alleged PlotInvestigators of the alleged plot worked on the theory that Col. Swope

and his nephew, Chrisman Swope, were poisoned with capsules, that othersmight get possession of his estate, and that the plotters then deliberately

set about getting rid of the other principal heirs by inoculating sevenmembers of the family with typhoid fever germs.

Dr. Hyde's StatementDr B. C. Hyde, who attended Col. Swopo in his last hours, In a state-

ment after the investigation was started said:"Col. Swope died of apoplexy. There Is no doubt about It. It was as

plain a case of apoplexy as I have seen. Col. Swope was getting old and

feeble. He had been sick for more than three months, of old age, lack ofappetite and senility. Only a few weeks before his death he had had asevere fall.

"Mr. Hunton's death also was due to apoplexy. He had the samesymptoms and was affected almost exactly as was Col. Swope."

U.S. EMBASSIESARE DENOUNCED

PRACTICE OF SENDING RICHMEN ATTACKED

Officer of Diplomatic Association De.

dares Ambassadors Notorious

for Their Exclusiveness

and Snobbishness

WASHINGTON, Feb. 10.—Officers ofthe American Embassy association, at

a hearing of the Lowden bill beforethe house committee on foreign affairstoday, attacked the present system ofleasing buildings abroad for the dip-

lomatic service, and Frederick Town-send Martin, vice president of the as-sociation, denounced the practice ofsending wealthy men as ambassadorsto foreign countries.

"This thing of sending rich men asour ambassadors is gradually working

the system from one of democracy toone of snobbishness," he declared.Our embassies are notorious for theirexcKsiveness and their inaccesibllity

to traveling Americans. The UnitedStates should establish suitable em-bassies and be democratic abroad aswell as at home."

If the Lowden bill, which today wasrepotted to the house, is acted on fa-vorably by congress, the United Stateswill build and own its embassy build-ings abroad to an extent of $500,000annually.

The decision to report the bill to thehouse followed after the officers of thoKmbassy association had voiced inno unmistaken language their opinionof American diplomatic representa-

tives abroad.

BELIEVE MURDER INTENDEDIN SANATARIUM EXPLOSION

Theory of Suicide Discarded After In.

vestigation Reveals Preparation

to Dynamite Tent House

SANTA ROSA, Feb. 10.—Believing

that murder was attempted at Wil-lai-d P. Burkes sanitarium near herolast Saturday night, when a tent houseoccupied by Mrs. Luella Smith andher infant son, was blown up by dyna-

mite. District Attorney C. F. Lea hasbegun an Investigation, and, it is an-nounced, has secured information thatwill shortly be presented to the grand

The theory of attemptod suicide hasbeen discarded. The explosion oc-curred at 9:30 o'clock. The child wassleeping on a cot on the opposite sideof the tent from its mother, and es-caped injury. Mrs. Smith was seri-ously hurt, but has a chance to re-cover.

CRUISERS GOING SOUTHWASHINGTON, Feb. 10.—The navy

department has completed the itiner-acy of the five warships that will visitBuanoi Ayres next May to representthe United States at the centennary

celebration of Argentina's independ-

ence. The armored cruisers Tennesseeand Washington will leave Puget

sound about March 19. The cruiserMontana, flying the flag of the squad-

ron commander, Rear Admiral S. A.Staunton, will leave Hampton Roadsabout April 11. The North Carolina

will leave the same place February 22,and the Chester will leave New Yorkabout April 11.

BARON PAYS HEAD TAXSAN ANTONIO, Texas, Feb. 10. —Baron

IjUdwlg de Leopold, captain in the Frencharmy, temporarily attached to the office ofminister of foreign affairs of his country,

has been forced to pay a head tax as an Im-migrant at the port of Laredo. The baron isreturning from th« City of Mexico, whereho went on a Mere! mission.

CLAIM PROOF OFCOMBINE SHOWN

OHIO AND INDIANA COMPANIESINVOLVED

Attorneys for Plaintiff Minority Stock.holders Say They Have Shown

Conclusively Purchase ofEnterprises by Trust

[Associated Press]

NEW YORK, Feb. 10—Counsel forthe minority stockholders in the Ohioand Indiana telephone companies, con-trol of which was recently sold to in-terests yet to be officially Identified,

said tonight in the hearing held herethat they were satislied they alreadyhad proved the control has passed tothe American Telephone a-iid Telegraphcompany.

The hearings were adjourned until aweek from today, because western law-yers insisted on next examining Presi-dent Vail of the American Telephoneand Telegraph company, who cannotappear until then.

Before leaving for Cleveland tonight

H. B. McGraw, an attorney for minor-ity stockholders who are plaintiffs inthe action, said:

"Through Vice President Hall and W,H. Remlck, the banker who negotiatedthe deal, we already have establishedthat the American Telephone ajid Tele-graph company loaned to Kemiek'sfirm (R. L. Day & Co.), without secur-ity, $7,280,000 to buy the controllingshares in the independent companies ofOhio and Indiana. They admit thatthe American company wanted thecompanies and provided the money tomake the purchase. They admit thatthe contracts not only between theAmerican company and Remiek's firm,hut between Remlck and F. W. Goffand James S. Brailey, Jr. who had theshares of stock to sell, were drawn inthe American company's offices, andthat Remick was acting for the Amer-ican company.

"Furthermore, we have shown thatthe American company asked J. P.Morgan & Co. to form a holding com-pany for these Ohio and Indiana com-panies, and that when Morgan & Co.took the holdings over the Americancompany released Remick from theoption so that the transfer could bomade to Morgan's firm.

"We believe this shows conclusively

that the American company, whichowns the Central Union company inOhio and Indiana, lias quieted all com-petition there."

Remick testified today that his profitIn the deal has been "about $00,000."

JEALOUSY OF COMMITTEESCAUSES SENATE ARGUMENT

WASHINGTON, Feb. 10.—That Jeal-ousy exists between the senate com-mittee on public lands and the senatecommittee on irrigation became ap-parent in the senate today in connec-tion with an effort to obtain the adop-tion of a resolution from the publiclands committee calling on tho secre-tary of the interfior for a statementshowing the probable expense of com-pleting reclamation projects contem-plated and in course of construction.

The resolution, which finally wasadopted, was presented by Mr. Hey-

burn, whose request for immediate con-sideration was promptly met by Kcn-ator Carter, chairman of the Irrigationcommittee, with a motion for the rt>f-erence of tho resolution to the irii«:i-tion committee. Mr. farter's resolu-tion was defeated, 26 to 29, and theresolution calling for information wusadopted.

POLICE COURT SENTENCE VALIDSAN FRANCISCO, Feb. 10.—J. 11.

Snowden, convicted in Los Angeles ofexceeding the automobile speed limit,was today denied a w<dt of hab«aj

corpus by the state supremo court onthe ground that tho police court hadfull Jurisdiction.

RAILROADS UNABLETO OBEY STATUTES

LAWS TOO CUMBERSOME, SAYSROCK ISLAND MAN

Eastern Official Declares CommerceCommission Could Not Regu-

late Lines Accordingto Its Own Rules

WASHINGTON. Feb. 10.—"The inter-state commerce commission itself couldnot take control of any single line of

railroad in this country and run it ac-cording to the laws regulating rail-roads that are now laid down in thiscountry. It would be impossible. Thelaws are so cumbersome and burden-some that it is a physical impossibilityfor the railroads to obey them."

So said E. B. Pierce, general solicitorfor tiie I!ock Island railroad, beforethe house committee on interstate andforeign commerce at today's hearing

on the administration railroad bill."One of the must serious things with

which railroads of this- country areconfronted," said Mr. Pierce, "is thatof keeping records and getting enoughemployes to keep up with the require-ments of the constantly changing laws.If you will go into the traffic depart-ments and see the poor fellows therewith their tongues' hanging out intheir effort to get into shape the vastmass of detail that the law requires,you would agree with me.

"We are not opposed to regulation.

We don't object to control by the gov-ernment. That ought to be. But giveus a workable law. Make it simpleand effective.

"If you require us to report inwriting to the interstate commercecommission these agreements on everyrate, we could never do it. We couldnot get them out for the commission,and, if we did, they would not haveany place big enough to put them, andafter all that nobody could ever findone of them."

The witness was sharply questionedby members of the commission as towhy the railroads could not make thesethings understandable to the govern-ment and to the public, if they them-selves were able to understand themand put them into effect.

Mr. Pierce said that rates were nottoo high. He also said rebating hasstopped.

COAL LAND FRAUDCASES ARE BEGUN

UNCLE SAM WANTS TO KNOWABOUT HIS FUEL PILE

Sixty.Four Defendants Appear atLander, Wyoming, to Answer

Charges of FalseEntry

LANDER, "Wyo., Feb. 10.—Sixty-four

defendants in alleged coal land fraudsagainst the government appeared to-day before the United States land of-fice in this city in cases which havebeen brought by the government for

the cancellation of their titles to coallands, which are said to be the mostvaluable in the state.

The cases involve 9500 acres of landlying in the mineral district north ofLander and have been appraised bygovernment experts at a value ofnearly $1,500,000. The government al-leges that these lands were tiled uponby "dummy" entrymen for the ben-efit of the Owl Creek Coal companyand the Northwestern Coal company,

which are controlled largely by NewYork capitalists.

The two companies are reported tobe associated with the Chicago, Bur-lington and Quincy railroad. The

cases are commonly known as the"Gebo coal land fraud cases," as Sam-uel W Gebo, i.eorge W. Daley, KufusP Ireland and others were alleged

to be instrumental in securing thetitles to the lands involved.

JAPAN TO DECREASE ARMYAND NAVY IN MANCHURIA

All Military Officials Will Be Removed

and Station at Port Arthur

to Be Abolished

TOKIO, Feb. 10.—Marquis Katsura,prime minister, acting in connectionwith the minister for foreign affairs,

Count Komura, has formulated a plan

that will entail a very considerablechange In the methods of Japanese ad-ministration of her interests In Man-

churia and in the leased territory.

Up to the present the army and navy

have been well to the fore, the armybeing represented by Gen. Oshima, gov-ernor general of Kwang Tung, and thenavy has had a station at Port Arthur.The governor general resigned last

week.The premier has decided to remove

all military officials. The military gov-emment of Kwang Tung will be re-organized on a much smaller scale, andthe naval scale at Port Arthur will beabolished. The stations at Sasebo andChenampo, Korea, will, however, be en-larged.

DUKE WISHES TO RANK ASMEMBER OF RULING HOUSE

Begins Legal Action to Establish His

Right to Succession to Euro.pean Throne

BERLIN, Feb. 10.—Duke ErnestGunster of Schleswig-Holstein, brotherof Empress Augusta Victoria, baabegun another legal action to estab-lish the right to Tank as a member ofa ruling house.

The duke is a lineal descendant ofthe kings of Denmark and the princesof Oldenburg, but the question to bedetermined Is whether the relationship

with these families is near enough tojustify a claim to a membership in

them.The decision of the court will be

awaited with interest because of itseffects on the rank o£ the empress andalso as it will have a hearing on therights of her children when marrying

or receiving inheritance.

REPORT PENSION BILLWASHINGTON, Feb. 10.—The pen-

sion bill, carrying a total of $15,674,000,was reported to tin: house torlay by

the committee on appropriations. It(\u25a0•present! a cut from the estimates ofthe department of about $175,000. Theappropriation is $5,000,000 less than lasti ear.

FOR ADVISING CLIENT TOMARRY $3500 FEE ASKED

Lawyer Declares He Assured Woman

Deathbed Marriage Legal, and

She Fell Heir to $400,000

CHICAGO, Feb. 10.—A fee of $3500

for advising a client to marry a man

who lived one hour after the ceremonyis demanded by Attorney Seth F.Crews in a suit brought yesterdayagainst Mrs. Sarah Smith, widow ofthe late John 11. Smith, a wealthy mineowner.

Smith died in September, 1908, at St.Luke's hospital. Mrs. Smith, then MissSarah Patterson, had been engaged toSmith for seven or eight years. Crewsdeclared she came to him for advice asto whether her marriage would bebinding if it was a deathbed one.

The attorney counseled her to goahead and tho marriage was per-formed. Hy the death of her husbandshe fell heir to $100,000.

SOCIETY TO BE FORMEDTO COMBAT PROHIBITION

Grape Growers and Wine Makers to

Form State Organization to Pro.

teet Viticultural Industry

SAN FRANCISCO, Feb. 10.—A state-wide movement to bring into harmonygrapo growers and winemaker* for thedouble purpose of protecting the viti-cultural industry and combatin~ pro-hibition will be crystallized at a meet-ing here tomorrow, in which many

representative vineyardists and manu-facturers will participate.

Independent growers of Californiahave been in session here for two days.

At this conference are Herman Blatz

and Secondl Guasti of Los Angeles, M.F. Tarpey, Andrew Mattel and L. K.Rogers of Fresno, W. C. Brown ofLodi and T. W. Johnston of Elk drove.

THIEVES AID INVALIDCHICAGO, Feb. 10.—Two thieves

stopped in their work of ransacking aflat yesterday afternoon to wait on anill man who was alone in the room.They gave him his medicine, took hima glass of water and set it on a chair

and then turned his pillow. The rob-bers' patient was J. S. McCullough,

4131 Indiana avenue. /'lf you make anoise we will kill you," said one ofthe thieves. "Now be good and we'lltreat you right."

WILL TEST FOR POISONVISCERA OF PROFESSOR

Instructor Died Suddenly, and Sus.

picion of Foul Play Will BeInvestigated

COLUMBIA, Mo., Feb. 10.—Thechemical test of the viscera of the lateProf. J. T. Vaughn, who died suddenly

at Kirksville last October, was begun

last night by Prof. Paul Schweitzer of

the medical faculty, University of Mis-souri. The test will require ten days

or more, as all the organs will be testedseparately.

Prof. Schweitzer will be assisted by

Prof. M. N. Miller in making the analy-sis, and no person not authorized by

them to enter the room where theviscera are kept will be permitted inthat part of the building.

The jars in which the Vaughn viscerahave been kept have been hidden In thebuilding since Saturday.

Dr. Schweitzer said: "The test will

he made under as nearly perfect condi-tions as we can obtain. Large amountsiif poison are easily detected, but small-t r amounts require very careful meth-ods The amount of poison, if any, inthe organs will naturally determine thelength of time required to make thetest."

CRIME INCREASES WHILEPOLICE PROBE THEMSELVF

St. Louis Department Relief FtShows Shortage, and During In.

vestigation 728 Robberies ,

ST. LOUIS, Feb. 10.—"While the policedepartment has been, busy for the last

three weeks investigating itself, be-

cause of a shortage of between $17,500

and $25,000 in the relief associationfunds, criminals have been having a

merry time.For the twenty-one days ending last

night 728 robberies have been enteredon the police records. Included in thelist of crimes for that period are 149burglaries, 457 robberies by sneakthieves and twenty-three highway rob-beries.

The examination of the books of the-relief fund is not yet completed. Dis-covery of several promissory notesfor large amounts and signed with thenames of men high in the departmenthas placed these men on the defensive.They claim the signatures are forgeries.

John Haley, secretary of the relieffund, is under $10,000 bonds to answerFebruary 23 any charge that may bomade against him.

». >The Angela grill nas excellent serv-

ice and better food. 'Fourth and Sprint.

LOS ANGELES HERALD: FRIDAY MORNING, FEBRUARY 11, 1910.

ARREST HYDE ONMURDER CHARGE

{Continued from Pure tlnM

3

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