February 11, 1910



Colonel Swope's Nephew by
Marriage Formally Accused
and Arrested.

OUT UNDER $50,000

Special Grand Jury Convenes
Saturday to Investigate
Swope Deathsd.


By Dismissing Proceedings,

Dr. Hyde Avoids Giving

His Deposition.

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 hte 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.

Two hours prior to the issuance of the warrant, Judge Ralph S. Latshaw of the riminal court ordered taht a special grand jury be convened to examine into the deaths of Colonel Thomas H. Swope, Chrisman Swope and other members of hte 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 i nstruct 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 bee nissued 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 wrrant was a request by Prosecutor Conkling for an immediate arrest.

The scenes of activity in the Swope case yesterday were kaleidoscopic. The legal sparring began in the morning when attempts to take depositions in the offices of Atwood, Reed, Yates, Mastin & Harvey on one hadn 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.

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 morning.

In the meantime Mr. Paxton had gone to Mr. Walsh's office