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February 12, 1910

SCHOOL CHILDREN
DRINK INTOXICANTS.

Parents Supply Liquor to
Little Ones at Meals.

BEER, WHISKY AND WINE.

Doctors Say It Explains
Nervousness -- Plan to
Stop Custom.

The physicians who are empolyed in school inspection have been endeavoring of late to find out what the children ate and drank at home. This has been done with a view to finding the reason for nervousness in so many otherwise healthy children. In one school which has a large foreign attendance the information gained from but two rooms was startling. In one room of forty children it was discovered that seventeen had either beer, wine or whisky to drink with some of their meals the previous day.

In this room the teacher was making a record of what each child had to eat for breakfast, lunch and dinner the previous day. The following has to do only with the beverages, or liquids, served them:

Water -- Two had it for breakfast, eighteen for lunch and five for dinner.
Milk -- Three for breakfast, two for lunch and nine for dinner.
Tea -- Four for breakfast, two for lunch and nine for dinner.
Coffee -- Twenty-three for breakfast, three for lunch and four for dinner.
Beer -- Three had it for lunch and nine drank it for dinner.
Wine -- Three drank wine for lunch and one for dinner.
Whisky -- One had it for dinner.

In another room, while no wine or whisky was given t he children, they showed up strong on the coffee and beer. The report follows:

Water -- One had it for breakfast, six for lunch and none for dinner.
Milk -- Eight for breakfast, three for lunch and nine for dinner.
Coffee -- Twenty for breakfast, two for lunch and ten for dinner.
Cocoa -- Five for breakfast and one for lunch.
Chocolate -- One for breakfast, lunch and dinner.
Beer -- Five for breakfast, fourteen for lunch and fifteen for dinner.

"While people are buying $30,000 organs for churches here in this city," said the physician who inspected this school, "I think it would do more good to get a cheaperr organ and use the rest of the money in educating the parents of these children. The children of this generation will be the parents of the next and if they are reared on beer, wine and whisky, what kind of citizens will they make? This is a very serious matter and parents who see no wrong in poisoning a child's brain with alcohol and making it a nervous wreck before it is half grown must be taught better."

NURSES TO INSTRUCT.

On account of this startling discovery it is the intention now to go further than the inspection in the school and only in the home where disease exists. Mrs. Kate E. Pierson, a member of the board of pardons and paroles and connected also with the Associated Charities, has taken an interest in the matter. An effort will be made to secure nurses who speak the foreign languages necessary in this case, to go into the homes and instruct the mothers. They especially will be warned regarding giving intoxicants to their children.

"The nurses will have to do more," said Mrs. Pearson yesterday. "They will teach the mothers what is best for a child to eat, how and where to buy the proper food and how to prepare it. They also will be taught how to care for their babies and growing children."

"We find a great many nervous children in the schools, especially in certain districts," said one of the inspectors. "There is no doubt but that the giving of intoxicants is bad for them, but the constant drinking of coffee and tea by a child is also injurious.

"A growing child going to school needs the proper kind of nourishing food to hold up its end of the game. Much of the nervousness among the children in a certain district comes from alcoholic beverages, coffee and tea. Others are permitted to eat anything they choose and at any time, and consequently are badly nourished."

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February 12, 1910

BANKS AGAINST NEW HOLIDAY.

Lincoln Anniversary Too Near Feb-
ruary 22, Month Short.

One hundred and one years ago today Abraham Lincoln was born, and in fifteen states the anniversary of that event is observed as a holiday. Missouri, however, is not included in that list, which comprises New York, new Jersey, Pennsylvania, Connecticut, Delaware, Indiana, Illinois, Oklahoma, Colorado, North and South Dakota, Minnesota, Wyoming, Nevada and Washington. Ten of these states have made February 12 a holiday since 1906.

A number of bankers yesterday expressed themselves in opposition to any more holidays, although they agreed that to the memory of Lincoln was due all the honor a republic could pay.

"As the years pass," remarked the cashier of one bank yesterday, "the figure of Abraham Lincoln looms large in history. Any honor to his memory that we could pay would be inadequate, but with Washington's birthday coming February 22, in the shortest month of the year, it seems almost too much to add another holiday."

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February 11, 1910

DR. HYDE CHARGED
WITH MURDER IN
THE FIRST DEGREE.

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

OUT UNDER $50,000 BOND.

Special Grand Jury Convenes
Saturday to Investigate
Swope Deaths.

BIG LIBEL SUIT DROPPED.

By Dismissing Proceedings,
Dr. Hyde Avoids Giving
Deposition.

Dr. B. Clark Hyde, Charged with First Degree Murder.
DR. B. CLARK HYDE.

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 the 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.

SPECIAL GRAND JURY CALLED.

Two hours prior to the issuance of the warrant, Judge Ralph S. Latshaw of the riminal court ordered that a special grand jury be convened to examine into the deaths of Colonel Thomas H. Swope, Chrisman Swope and other members of the 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 instruct 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 been issued 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 warrant was a request by Prosecutor Conkling for an immediate arrest.

BIG LIBEL SUIT DROPPED.

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

JUDGE LATSHAW ACTS.

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 monrning.

In the meantime Mr. Paxton had gone to Mr. Walsh's office. He said that he was sorry that he had caused the attorneys any embarrassment, but that he had a great deal of private business to attend to. He would greatly appreciate the favor of being excused until 2:30 p. m. Mr. Walsh conferred with Judge Johnson, and returning to the room, told Mr. Paxton that they would excuse him until 2:30 p. m.

Then Mr. Paxton got busy. Mr. Reed arranged for an interview with County Prosecutor Virgil Conkling. It did not take the attorneys long to arrive at a decision. This was that Mr. Paxton should swear to the information and that Prosecuting Attorney Conkling would recommend an issuance of a warrant charging Dr. Hyde with murder.

Before Prosecuting Attorney Conkling departed for Independence he called up Mr. Walsh on the telephone and asked him to have Dr. Hyde in the office of County Marshal Joel Mayes at 4 p. m. as he desired to serve a warrant on him at that time. Mr. Walsh promised to have his client there at the appointed time.

Dr. Hyde was not at the Walsh offices when this message came and caught his attorneys somewhat by surprise. They were getting ready to take the deposition of Mr. Paxton. Dr. Hyde was notifed over the telephone to come to the Walsh offices and then Mr. Cleary was given the job of finding bondsmen for Mr. Hyde. He was only a few minutes later than 4 p. m. in getting the signatures of the three businessmen to the bond which was made out in blank.

The warrant was issued at 3:30 o'clock on the application of J. G. Paxton in the office of Justice of the Peace Loar of Independence. Mr. Paxton was accompanied to the office of Justice Loar in the Jackson County Bank building by T. J. Mastin. Virgil Conkling indorsed the information. "I hereby approve of complaint and request that a warrant be issued," affixing his signature to the back of the document.

"I suggest that the bond be fixed at $25,000," said the prosecutor. "I believe that is sufficient in this case as there are certain contingencies which lead me to believe that a greater bond is not necessary." Justice Loar also was informed by the prosecutor that he could do as he pleased as to the amount of the bond, but that the state would be satisfied with that amount.

LEAVES WITH WARRANT.

Justice Loar upon the receipt of complaint at once was given another paper by Virgil Conkling which proved to be a warrant for the arrest of Dr. Hyde. In the body of the warrant the wording was identical with that in the complaint, and after being signed by the justice of the peace, who ordered it delivered to the marshal of Jackson county, the prosecutor and Attorneys Mastin and Paxton left in an automobile for Kansas City with the warrant.

Prosecutor Conkling stated that he had placed in the warrant that the preliminary examination would be held February 17.

Justice Loar stated that if the defendant waived preliminary examination he would commit him to jail, but if not he would accept the bond which it was expected Dr. Hyde would give.

Shortly before 4 p. m. Mr. Walsh and Mr. Lucas took their client to the criminal court building. Dr. Hyde was smiling. They hastened to Mr. Conkling's office where they remained until they were told that Mr. Conkling and Mr. Paxton had returned from Independence and were in the marshal's office.

Prosecutor Conkling handed the warrant to Marshal Mayes and told him Dr. Hyde would be in the office in a few minutes.

"Is your name B. Clark Hyde?" inquired Marshal Mayes of Dr. Hyde a few monents later when he was brought into the office by Attorneys Walsh and Lucas.

Dr. Hyde nodded his head in reply.

WAIVES READING WARRANT.

"I have a warrant which I am directed to serve on you. Shall I read it?" Marshal Mayes inquired.

"We waive the reading of the warrant," spoke up Attorney Walsh and the party including Dr. Hyde smiled.

Dr. Hyde and Marshal Mayes entered into a conversation on temporal subjects. The afternoon was delightful, remarked the marshal.

Prosecuting Attorney Conkling and Attorneys Walsh and Lucas drew to one side of the room.

"I have recommended that Justice Loar take a bond of $25,000 for the appearance of Dr. Hyde at the preliminary hearing which has been set for a week from today," said Mr. Conkling.

COULD MAKE IT A MILLION.

"That is satisfactory to us," replied Mr. Walsh. "Mr. Cleary is out now and will be here very shortly with a bond that will be good for a million dollars if necessary.

"That is not necessary," replied Mr. Conkling. "I have suggested a bond which I deem sufficient."

Attorneys Conkling, Walsh and Lucas then withdrew to the outer office, leaving Dr. Hyde with Marshal Mayes.

"I am very much interested in knowing what they are going to do with me next," said Dr. Hyde to Marshal Mayes.

"Do we have to go to Independence, and will I have to stay there all night?" asked Dr. Hyde.

"If your attorneys are unable to get bond for you, you will remain with me tonight. If they do get bond, you will go to Independence with me and then go on home," said Marshal Mayes.

Dr. Hyde was inclined to be almost talkative while in the marshal's office. He talked on almost any subject not pertaining to the case, and his face, for the first time during the week, was wreathed in smiles.

About 4:30 p. m. Mr. Walsh suggested that the party depart for Independence, as he expected Mr. Cleary had already started there. Assistant Prosecutor Jost accompanied the party in the Walsh automobile, representing Mr. Conkling. A moment later they were on their way to Independence.

At 5:15 o'clock a large automobile glided up to the bank building at Independence. In it was the county marshal, having in custody Dr. Hyde. Accompanying the party were Frank P. Walsh, John Cleary and John H. Lucas. They immediately went to the office of Justice Loar.

Dr. Hyde followed his lawyers closely, and as soon as he entered stepped to one side, and motioning to a newsboy, bought an evening paper, scanning the headlines. Not once did he raise his eyes, but kept them riveted on the columns which contained the latest developments in his case. After reading the full account, he turned the paper over and reread it.

MAYES SIGNS RETURN.

County Marshal Joel Mayes drew up his chair to the desk and signed the return, turning it over to the justice.

Dr. Hyde, who was standing near, found room on a window sill where he kept reading his paper, only looking up sufficiently long to buy another, which he read with as much eagerness as the first.

Frank Walsh left the court room, stating that he would be back in a short time. Upon his return he placed the bond before the justice of the peace for $50,000 instead of the $25,000 expected.

"I expected bond for $25,0000, but this is better still," said Justice Loar.

Mr. Walsh signed the document, then handed a pen to Dr. Hyde. Dr. Hyde wrote in a plain, bold hand, without a tremor, and his signature was affixed with as much indifference as if writing a prescription for a patient. After Dr. Hyde, John M. Cleary and John H. Lucas signed the bond.

LAWYERS SIGN BOND.

After this preliminary Dr. Hyde, followed by his lawyers, went to their automobile and soon were out of sight.

"This is a good bond," said Justice Loar, after the crowd had left the office. "Mr. Neal is president of the Southwest National bank, and the others I am given to understand are stockyards men. I do not expet that there will be a preliminary examination here. I am confident that it will go to the criminal court at once.

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February 11, 1910

DEPUTIES RAID
MERRILL HOME.

Long Siege of Residence Ends
When Wife Follows At-
torney's Advice.

PAINTINGS TAKEN AWAY.

Cincinnati Firm to Hold
Them Pending Settlement
of Supposed Debt.

A sharp rap at her front door apprised Mrs. J. L. Woods Merrill in her home, 3200 Peery avenue, a 4:30 o'clock yesterday afternoon that the enemy, in force, were storming her position. Tiptoeing to the window, she peered out. Then she stepped back in sheer surprise. James Fairweather, her attorney, was in the act of looking in.

"We'll have to give up," he whispered hoarsely through the casement. "The enemy is without and will soon be within. Deputy John Whole is here, armed with an ax and an order from the sheriff to cut a cat-hole in the portcullis if it is not lifted immediately."

It was true, as Mrs. Merrill could see at a glance. Wholey, ax in hand, looking like Richard, the Lion-Hearted, in the act of advancing upon a belligerent Corsair, was moving up the concrete steps leading to the three-story brick house which sets on a terrace several feet from the sidewalk. Behind him trouped four deputies. Not far away in the offing a couple of yellow fans had cast anchor.

"Oh, very well," she assented quietly.

A moment later Mrs. Merrill opened the door a wee little bit, peeked out, received the attachment writ which four deputies had been trying two days to serve and shut it again. Silence reigned in the house after the Yale night lock snapped. On the front porch a platoon of big men were drawing long breaths. If she opened the door again a siege which had cost them a night's rest and belated meals would bear happy fruit. If the oaken panels remained staring them in the face -- hist! The night lock was turning.

"Come in," invited Mrs. Merrill with an immobile face. "If you've got to ransack the house get through it as quickly as possible."

The deputies filed into the house and began work. Beautiful paintings that had cost thousands in good money were in a few minutes more or less carefully packed, so that the Madonnas of Spain could gaze serenely down upon Flemish landscapes through clouds of excelsior and gauze paper. Big, strong hands, admirably adapted to lifting pianos and transferring semi-anthracite from a wagon to a sub-basement, were skillful in wedging painted Cupids between the best efforts of Raphael and Murrillo so the time-seasoned paint would not rub off in the journey to the safety vault of the criminal court building.

"It's a shame and an outrage and it should not be permitted," said J. L. Woods Merrill in his office in the Arlington building yesterday afternoon, in speaking of the attachment gotten out in the interests of the Gamble Soap Manufacturing Company of Cincinnati, O., to get possession of $150,000 worth of paintings to satisfy a debt of $2,800 which is claimed Mr. Merrill owes Mrs. Francisca Gamble, but which Merrill claims never existed.

"Mrs. Merrill borrowed $2,800 from Francisca N. Gamble three years ago, but neither my wife nor myself ever gave a note for the same," said Mr. Merrill. "Since the money was borrowed, $800 was paid back one time and $600 another time, leaving only $1,200 due Mrs. Gamble. I have offered several times to settle the matter and last Monday morning when A. K. Nippert of Cincinnati called at my office we decided on a settlement, but at the last minute Mr. Nippert objected, saying he 'wasn't getting enough for Cincinnati.' And that is just the matter. They want to get those paintings to Cincinnati and then what would be the chance of me getting them back? They only put up a $6,000 bond to cover the value of ninety-two paintings worth over $150,000.

"While we were talking about the matter Mr. Nippert placed some papers on my table. When he left he gathered them up, putting them in his pocket. The next morning he came back and demanded that I return them to him. He then had issued a replevin to make me give them up and later got out the attachment.

"The replevin calls for 'one written instrument acknowledging the receipt of the sum of $2,800, signed by J. L. Woods Merril.'

"Take it from me," said Mr. Merrill, "those papers never existed.

"Just before Colonel Swope died, I talked with him regarding the establishment of an Original Oil Painting Art Institute in Kansas City," said Mr. Merrill, "and I had intended to donate some of our most valuable paintings. I still intend to do so should the institute be built unless these people are allowed to cobble them.

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February 11, 1910

SUES ON UNUSUAL POLICY.

Half of Insurance, to Be Paid for
Extraordinary Death, Overlooked.

Daniel F. Cobb, who died August 20, 1907, when he was thrown from an elevator in the Fidelity Trust building at Ninth and Walnut streets, had one of those accident insurance policies which pays double the face value of the insurance if the insured is killed in a crowd, in a train, in an elevator, a church, or under other unusual circumstances. The beneficiary was Ada M. Davis.

Yesterday in the federal court Ada M. Davis sued the Aetna Life Insurance company of Hartford, Conn., for $5,000, with interest, damages and attorney's fees. Mr. Cobb had taken out the policy May 12, 1907. The beneficiary avers in her petition that not realize the importance of a clause in the in the insurance contract guaranteeing double payment on account of the instantaneous death, applied for the face of the policy and was paid. When, in December of that year, she discovered that sh should have had $10,000, she applied for an additional $5,000, which was denied. The amount she now asks in the United States court is $7,000.

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February 11, 1910

CIRCUS PARADE TOMORROW.

The Rhoda Royal to Pass Through
the Streets in the Afternoon.

A street parade, in which will be seen the entire ensemble of the Rhoda Royal two-ring circus hippodrome and wild west, which opens in Convention hall next Monday night under the auspices of Ararat Temple, will take place tomorrow afternoon at 2:30 o'clock. The pageant, which will form at Convention hall at this hour, will make a tour of the principal downtown streets, returning to Convention hall within the course of two hours. Rhoda Royal and his entire coterie of circus celebrities will appear, and in addition the Shriners themselves will be seen in circus raiment for the first time in their lives. Besides taking part in this parade the Shriners will take no further part in the series of mid-winter performances other than assist in counting the profits derived from the engagement.

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February 11, 1910

LOSES EYE IN CLASS FIGHT.

Flapjack Thrown by William Jewell
Junior Injures a Senior.

LIBERTY, MO., Feb. 10. -- This afternoon the annual class fight between the juniors and the seniors of William Jewel college culminated in the loss of an eye by Lewis Carr, a senior, the result of a flapjack thrown by a junior. The scrap started last night when the seniors placed their colors on top of the high school building. This morning a fight was waged between the two classes on top of the high school building. In the afternoon the freshmen joined the juniors and the sophomores allield themselves with the seniors. The juniors succeeded in placing their colors on the court house, but the seniors took them down and placed theirs around the statue of Liberty. Then it was that Lewis Carr met with his accident. The juniors would not let him down until the chief of police drove them off. The condition of the young man is serious.

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February 10, 1910

HE RESEMBLES COL. SWOPE?

Elmer Swope Has Photo of Father;
Is Coming Here.

MARTINSBURG, W. VA., Feb. 9. -- Although the story of Elmer Caryall Swope of this city, who claims he is the son of the late Colonel Thomas H. Swope, is discredited by the Kansas City relatives of the dead millionaire, Swope has engaged attorneys and has prepared to fight for the millions left by Colonel Swope.

Through his attorneys Swope is tracing the movements of his father after leaving his wife near here prior to the war. Government reports are said to bear out Swope's statement that his father served in the Union army and was promoted from the ranks to a colonel. Elmer Swope will leave with his attorneys for Kansas City wihtin a few days to confer with his Kansas City attorney. He has in his possession of picture of his father taken when he married and the photo is said to greatly resemble the late Western millionaire. He also has in his possession records of his father prior to his marriage in 1859.

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February 10, 1910

JURY INFLUENCED BY
HYDE'S FAILURE TO
TAKE THE STAND.

Wanted to Question Him in
Regard to Contents of
Capsule.

J. W. Martin, one of the jurors in the Swope inquest case, was asked yesterday after the verdict was brought in what testimony caused the jurors to arrive at a conclusion.

"The fact that Dr. Hyde did not go on the stand and testify impressed us greatly," he said. "In the morning we had a meeting and the question of the nurses testimony as to the capsule was up for discussion. It was then that we decided that we wanted to hear what Dr. Hyde had to say as to the contents of the capsule. When we were denied this, it made an impression on me as well as the other jurors.

"Another thing which we considered carefully was the conference between the nurse and Dr. Hyde when Thomas H. Swope was stricken. It had its weight, bu the refusal of Dr. Hyde to testify, thereby shutting out all information of an explanatory nature, which he might have been able to give, impressed us deeply."

The verdict of the jury was to the effect that Thomas H. Swope came to his death from strychnine poison administered in a capsule "by direction of B. Clarke Hyde, whether with felonious intent, we, the jury, are unable to decide."

Coroner Zwart tried to get Dr. Hyde to the witness stand and testify in his own behalf, but the doctor's attorneys assumed responsibility for keeping him off the stand. They said in a statement they felt satisfied the evidence adduced at the inquest would convince the public of their client's innocence.

Dr. Hyde was apparently least interested of all in the room when the coroner's jury brought in the report of the inquest. He sat facing the jury and a shadow of a smile flitted over his features as the foreman finished reading. Coroner Zwart will certify the stenographic report of the case together with all of the evidence he has to the criminal court. This will be done immediately.

Just when a warrant will be issued by Prosecuting Attorney Conkling, if one is issued at all, is problematic. It was rumored from apparently good sources yesterday afternoon that no action would be taken until a report on the rest of the viscera, still undergoing examination in Chicago, is made to Executor John G. Paxton and Prosecuting Attorney Virgil Conkling.

CORONER CALLS DR. HYDE.

After Miss Kellar was recalled to the stand, where she repeated much of the testimony she had given in the other days of the inquest, Coroner Zwart called Dr. Hyde to the stand. A hush fell over the court room and all eyes were fixed on the features of the physician. Dr. Hyde did not move a muscle. His attorney, Frank P. Walsh, leaned over the table and in a low but distinct voice announced:

"The attorneys for Dr. Hyde have advised him not to testify. We do not care for him to testify here, and therefore at our suggestion he must decline to be sworn."

"I have here a copy of a newspaper dated February 1," said Prosecuting Attorney Virgil Conkling, who rose to his feet immediately after Mr. Walsh declared his client would not testify. "It contains a signed statement by Dr. Hyde, and in the light of his refusal to testify, I desire to ---"

Coroner Zwart again re-entered the arena. He motioned to Mr. Walsh and to Mr. Conkling. Mr. Conkling, his assistant, Mr. Jost, Coroner Zwart and his assistant, Mr. Trogdon, left the room. A conference of a couple of minutes followed, and when they returned Coroner Zwart declared taht he did not know just what this legal scrimmage had to do with an unsophisticated coroner, but that he wanted Dr. Hyde to testify.

"I hold that Dr. Hyde must be sworn to take the stand," said the coroner. The words were hardly out of his mouth when Mr. Walsh rose to reply.

"I stated before that on the advice of counsel, Dr. Hyde refuses to testify," he said.

COUNSEL CLASH.

Prosecutor Conkling again offered a suggestion. "The prosecutor asks the same rule apply here as with the rest of the witnesses."

"The coroner holds that the witness who is here must be sworn and then he may or may not testify as he chooses," declared Coroner Zwart.

"Notwithstanding the stand that has been taken by the coroner, and the prosecuting attorney," said Mr. Walsh, "and not intending any disrespect to the coroner, I will simply reiterate my statement that Dr. Hyde will not testify."

"If the witness does not desire to reply to certain questions which may be asked of him, he can refuse to do so under his constitutional rights," said Coroner Zwart.

"As I have said before, Dr. Hyde will not be sworn. That is final," said Attorney Walsh.

"That is sufficient for my purpose," almost shouted Prosecutor Conkling.

Coroner Zwart turned to the attorneys and remarked that he tried to afford them all of the courtesies that he could. The attorneys smiled and seemed satisfied.

THEN COMES THE VERDICT.

After testimony by Dr. Gayle as to the efficacy of strychnine as a poison, Coroner Zwart said to those in the courtroom:

"Does anyone present in this courtroom know anything as to the cause of the death of Colonel Swope?" There was an intense silence broken by a juror who asked that Mrs. Swope be recalled. Mr. Paxton escorted her to the witness chair from the seat on the garden bench she occupied the previous day. She was asked about the extra pay Miss Kellar received for attending Colonel Swope, adn said that this was talked over by the entire family, and it was their wish that Miss Kellar receive $35 instead of $25 a week. This she said was after the suggestion for the extra $10 a week had been made by Dr. Hyde.

As Mrs. Swope stepped from the witness chair, Coroner Zwart stepped forward. He told the jury that the evidence had been presented and that they were to retire and find a verdict. He handed them two legal forms for verdicts. The one that was used was added to by the jurors who were unable to decide as to the intent of Dr. Hyde in ordering the administration of the capsule which they said caused death.

Half an hour later the jury sent for Dr. Zwart. They wanted to know if they should insert the time and place of Colonel Swope's death on the verdict. He told them that they should, and a quarter of an hour later they reported.

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February 10, 1910

FAMOUS SINGER TO BE
HERE TOMORROW.

George Hamlin to Perform
at the Willis Wood.
George Hamlin, Famous Singer who will be Appearing at the Willis Wood.
GEO. HAMLIN.

The George Hamlin concert at the Willis Wood theater tomorrow afternoon at 4 o'clock will be the fifth regular attraction in the W. M. series. Mr. Hamlin is one of the famous concert singers in the country and is specially noted for his success as a lieder singer. He was the introducer of the songs of Richard Strauss to American music lovers and the programme he has arranged for tomorrow's concert is excellently chosen to illustrate his gifts as a concert recital and oratorio singer. Schubert and Schumann are represented with two numbers each; Liszt and Brahms and two Handel numbers represent the other masters. Of special local interest is Carl Busch's "The Last Tschastas," dedicated to Mr. Hamlin. Edward Schneider, the gifted accompanist, has two places on the programme and there are other interesting features.

The students' seats are placed on sale the morning of the concert. All inquiries should be addressed to Miss Myrtle Irene Mitchell at the Willis Wood theater.

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February 10, 1910

KLING AT MERCY
OF COMMISSION.

Fans Fear Supreme Body in
Baseball Will Make an
Example of Him.

Will the national commission establish a precedent in organized baseball by rendering a decision unfavorable to Johnny Kling, local billiard man and Cub holdout now on the blacklist, who has applied for readmission to the fold? This is a question that is bothering the fans and judging from talk in baseball circles, the one-time Cub star is certain to encounter rough sledding before he lands back in good standing minus the black mark which now bedecks his name in the records of the court ruled over by Garry Herrmann.

The fat that the national commission is without opposition in the world of baseball at the present time makes it appear certain that it will make use of its authority when the time comes to pass upon the Kling case. Up to this year there existed on the Pacific coast the "outlaw" league, which seriously hampered the work of the commission, and a practice of granting concessions to players who had kicked the traces was followed by those in charge of the affairs of organized baseball.

This was exemplified in the case of Hal Chase, who committed a most flagrant offense by jumping from the New York Americans to the California League, only to be restored to good standing a short time after, none the worse for his rash act. This was done with the one hope of eventually wearing down the opposition to the national agreement and finally proved effectual, as last fall the "outlaws" were taken into the fold, leaving the jurisdiction of the great national game under one tribunal, the national commission.

COMPARE CASE WITH OTHERS.

"Since Kling sent in his request to Garry Herrmann for a consideration of his case with the purpose of seeking the good graces of the high tribunal, stories have sprung up regarding the Chase and Mike Kelley incidents in which the commission fought a losing battle. Chase was out on a charge of contract jumping in the middle of the 1908 season, when he left the Highlanders to play with the California outlaw league. Mike Kelley was in the same boat as Kling at the present time, and his restoration was due more to an error of the St. Louis club than anything else. Kelley refused to report to the St. Louis American in 1905, and as a result was kept out of organized baseball for two seasons, returning when the Mound City club failed to place his name on the reserve list through oversight, practically relinquishing claim to him.

In the face of these two verdicts, principally, it has been stated that the commission is hardly liable to turn around and refuse concessions to Kling that were granted to the others. Conditions have changed since then, however, and apparently this has been overlooked, as the national agreement is now absolute and its power, and for this reason the commission will no longer be forced to take a conciliatory attitude towards violators of the rules that govern baseball.

COMMISSION'S POWER ABSOLUTE.

In the event of Kling being turned down in his request for reinstatement, it will be the first case of this nature in which the commission has won out, due to the fact that opposition to organized ball is a thing of the past, and the trio now headed by Garry Herrman are in a position to govern, absolutely without the wayward players having "outlaw" leagues to fall back upon.

The fate of Kling will probably be known February 23. Mystery surrounds the purpose of the gathering, as Herrmann failed to state anything in detail, but it is taken to mean that the application of Kling will be the principal business to come up for disposal.

The date of the meeting is four days before the departure of the Club squad on their spring training trip to New Orleans and in the event of the commission giving out a decision of the case Kling would know his fate in time to prepare to accompany his old teammates, provided the act of the commission is favorable. There is a possibility, however, of the supreme court of baseball acting upon the case and then withholding their final decision until near the opening of the season.

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February 10, 1910

GIRL ELOPES WITH SALESMAN.

Parents Informed of Wedding by
Telegram From Nebraska Town.

Having first removed all her clothing and personal property from the premises, Miss Carrie Ann Evans, daughter of Mr. and Mrs. J. C. Evans, 2610 East Tenth street, yesterday forenoon told her mother she was going to a matinee. Instead, she eloped with Bert Snider, a traveling salesman. They were married at the court house.

The first intimation the parents had that their daughter had left their fireside for one more exclusively her own was a telegram from a small town in Nebraska. It said they were on their way to Omaha, where Mr. Snider is representative of a Cincinnati pump house.

The father of the bride is manager of Barklow Bros.' News Company. The mother said last night that the parents had no particular objection to Mr. Snider, but that he was scarcely known to them.

"Besides," Mrs. Evans continued, "my daughter is only 25 and I believe Mr. Snider is over 40, although he gives his age as 31. I do not, however, consider their runaway marriage in the light of an elopement. We did not actively object, only criticised it as rather hasty. Carrie told me as lately as day before yesterday that she was going to be married soon. I guess she thought she would just run away to do it in order to save father and I the pain of watching the ceremony be performed."

Mrs. Evans would not admit that she would readily forgive the couple, but evaded answering directly any question on the subject. "Oh, it will have to suit us now," was her invariable reply.

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February 9, 1910

HOW DR. HYDE APPEARED.

Or Seemed to Appear, While Miss
Kellar Was Testifying.

When this testimony was given, Dr. Hyde gazed pensively out of the window, as though the proceedings were boring to him. -- From the routine report of the Swope inquest in yesterday's Kansas City Post.

Over behind his attorneys Dr Hyde was listening to the testimony. His eyes were half closed andhis head was bowed. Then he raised his head and watched the nurse closely. His eyes were wide open now and his lips parted just a little. -- From the Kansas City Star's report of the Swope inquest.

Dr. Hyde's pale face flushed under the sudden battery of scrutiny, turned upon him as a searchlight falls upon the just and the unjust -- under the hands of a skilfull operator. His shrewd, clever, calculating face set hard and his brilliant eyes glittered, but his long slim fingers lay quietly on the table in front of him and he smiled back at Mr. Walsh's interest and friendly attempt to reassure his embarrassment. -- From the Sob Squad's report of the Swope inquest in the Kansas City Post.

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February 9, 1910

PLANNED TO CHANGE
HIS WILL.

MRS. LOGAN O. SWOPE TEST-
IFIES IN INDEPENDENCE.

THOUGHT HE WAS DYING
FOR DECADES.

Artificial Cause of Death Suspected
by Pathologist.
Mrs. Maggie C. Swope, Sister-in-Law of the Colonel.
MRS. LOGAN O. SWOPE.

After the testimony of Dr. Hektoen yesterday in the coroner's inquiry into the death of Colonel Thomas Swope, Dr. Frank J. Hall, a patholigist, testified that he was requested by Mr. Paxton to get permission from Coroner Zwart to perform the post mortem examination of the colonel's body. He acted as an assistant to Dr. Hektoen, and dictated the report to Dr. Stewart. His report was a repetition of that of Dr. Hektoen, except that it was more explicit. It was filled with techincal terms and called for frequent explanations by Dr. Zwart to the jury.

After a recess, Dr. Hall was asked several questions suggested by Mr. Reed. He said that if strychnine had been taken in quantities sufficient to have caused death it would not have been noticeable in the post mortem. He also said that some artificial cause for death was suggested as a result of the examination.

After Dr Hall testified, Dr. Hoektoen was recalled, and was asked whether strychnine affected the old people more than it did the young, and he replied that he did not know. He also said that there was nothing in the post mortem examination to indicate the cause of death, and that a chemical analysis was indicated.

Overton H. Gentry, a pharmacist of Independence, testified as to the nature of the tonic mixture which Colonel Swope took. He said that it was made up of quinine, iron, pepsin and minor drugs and that each dose, a teaspoonful, contained one-hundred-and-eightieth grain of strychnine. He put the tonic up in six ounce bottles, which would give a little more than a quarter of a grain of strychnine to the bottle.

"EXTEMPORANEOUS MIXTURE."

"This tonic was an extemporaneous mixture," said Mr. Gentry. "It was put up for and sold to Mr. Hunton although I understood that Colonel Swope used it several times."

Mrs. Maggie C. Swope, widow of L. O. Swope, and a sister-in-law of Colonel Thomas Swope, at whose home he died, was the next witness. Mrs. Swope was dressed in mourning. A closely woven black veil with a heavy border dropped loosely from her hat to her chin. She spoke clearly.

"I have lived in Independence for fifty-four years," said Mrs. Swope. "Colonel Tom was my brother-in-law and he lived at my house for the last ten years or almost since the death of my husband. My husband was Colonel Tom's favorite brother. I have six children living and there were four at home during the last illness of Colonel Swope.

"Dr. and Mrs. Hyde came to the house Friday evening, October 1, the evening of Mr. Hunton's death. I sent for Dr. Hyde.

"Colonel Swope was very averse to taking medicines. 'Medicines don't do anyone any good,' he would say when it was suggested that he take something for his indigestion, or a tonic. He did take some medicines occasionally and took the tonic that Mr. Hunton got for him. He took two bottles of this tonic in a year. It was only at rare intervals that he would take the medicine. He also took charcoal tablets for his dyspepsia. He was only ill twice in the last two years. Both Drs. Twyman and Hyde prescribed for him then. Dr. Twyman prescribed a tonic for him a year ago and last summer Dr. Hyde prescribed some laxative pills.

WANTED TO STAY DOWN.

"Colonel Swope fell Sunday, September 4. He did not want to get up and we had some trouble getting him upstairs. We sent for Dr. Twyman, but he could not come and sent his son, Elmer. He put his shoulder in a sling and said that he did not need any medicines.

"The following Sunday Dr. Hyde and his wife come out for a visit and Dr. Hyde called on Colonel Swope. He was smiling when he came downstairs. 'I have solved the question,' he declared. "Colonel Swope has agreed to have a nurse.' We all agreed that this was an excellent thing, for it was hard to care for Colonel Swope. He did not want anyone around and we could not handle him as well as a nurse would. He did not take any medicine, and the only thing we know that he took was those pink pills. Monday Dr. Hyde brought Miss Kellar.

"When Mr. Hunton was taken ill we sent for Dr. Hyde. His wife came with him, and when she asked if I wanted them to remain at the house I told them that I did. I was glad to have her there. They remained until Monday after the Swope funeral. Saturday morning Dr. and Mrs. Hyde went to the cemetery to get a burial lot. I asked my daughter to do this for me.

"Sunday morning Miss Kellar and I were alone at the breakfast table. Miss Keller had told me that Colonel Swope had spent an unusually good night and then Dr. Hyde came in. Dr. Hyde asked if Colonel Swope had had his breakfast, and when told by Miss Kellar that he had, he remarked to her, 'Please come and give him this digestive tablet.' They were not gone long, and when they returned Miss Kellar said that Colonel Swope had refused to take the medicine.

"MATTER OF TIME," SAID HYDE.

"It was not long afterward when we received word that Colonel Swope had been stricken. I met Dr. Hyde in the hall afterward and he said: 'It is just a matter of time. He is going just like Mr. Hunton.' I stepped into Colonel Swope's room about 3 o'clock. He was unconscious then."

Mrs. Swope said that she had been told about the will which Colonel Swope had made but that she did not know its contents or any thing about any of the bequests until after his death. She said that she had been told that her children had been liberally provided for in the will. This was natural, she said, "as they were the children of his favorite brother.

"Mr. Swope was inclined to talk about his wealth to those whom he knew well. He frequently boasted to me that he was a millionaire. Dr. Hyde told me that Colonel Swope told him that he had a million and a half dollars that he intended to devote to charity. This was about the time he was taken sick.

"Dr. Hyde was aware that my children, one of whom is is wife, would be the biggest beneficiaries. They, however, did not know to what extent they had been provided for, although he told them that he had so arranged his estate that none should ever want for anything. He also talked of making a new will. He expected to do this when he got down town after he got well. Dr. Hyde understood that if Colonel Swope made a new will that the million and a half residuary estate would not go to the children.

"Dr. Hyde did not tell me that he wanted to be an executor of the estate of Colonel Swope but recently Miss Kellar told me that Dr. Hyde asked her to use her influence with Colonel Swope.

TOLD OF DEATH BY HYDE.

"I saw Dr. Hyde go into Colonel Swope's room when he was called by Miss Kellar and it was Dr. Hyde who told me that it was all over, referring to Colonel Swope's death. I only saw Colonel Swope once on the day he died. This was between 3 and 4 p. m.

"The children were all a little afraid of Colonel Swope. He did not like children and young folks seemed to bother him. That is the reason that the children did not go into his room during his last illness.

"I knew that his will was in his vest pocket. He told Moss that it was there the afternoon that he fill in the library. He told moss that if anything happened to him that he could find his will there."

Mrs. Swope was then questioned about the medicine which she threw away after the death of Colonel Swope and Mr. Hunton. She said that about a week after the funeral she cleared away a quantity of medicines which stood on an open shelf in Mr. Hunton's room. Some of these medicines, she said, were strychnine preparations or contained strychnine. Efforts were made by Coroner Zwart to get Mrs. Swope to tell just what all of the bottles and boxes contained and the colors of the boxes. Her testimony was apparently unsatisfactory in this respect. These medicines, she said, had accumulated for a couple of years.

"There was no possibility of Colonel Swope getting hold of these medicines, for he never entered Mr. Hunton's room," she said. "Colonel Swope had a well-beaten path from the library to his room and he never deviated.

"For the last twenty-five or thirty years Colonel Swope would tell me he did not expect to live much longer. He made the statement a couple of years ago while Dr. and Mrs. Hyde were here that 'You are talking to a dead man now. I am just walking around to save funeral expenses.'

"In the early part of his last illness he said that he was going to die. A week before he died he declared that he was going to get well and that he was going to change his will as soon as he got downtown. This was the first thing he said that he was going to do."

Subpoenas were served on Dr. Ludwig Hektoen yesterday in the libel suit of Dr. Hyde vs. the St. Louis Post-Dispatch an in the suit for libel by Dr. Hyde against Mr. Paxton.

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February 9, 1910

CONVULSIONS TOLD
OF BY THE NURSE.

Testifies That Capsule Was
Given on Order of Dr. Hyde.

STRYCHNINE THEN USED.

Hypodermic Injections Made
When Philanthropist
Was Unconscious.

That Colonel Swope's death was not due to cerebral hemorrhage or any organic cause and that more of the deadly poison was indicated by the examination of the contents of the stomach, was testified to by Dr. Ludwig Hektoen, a Chicago pathologist at the inquest at Independence yesterday afternoon.

Dr. Hektoen followed Miss Kellar, the nurse who said that Colonel Swope suffered convulsions, following the administration of a capsule. She also testified that Dr. Hyde asked her to interest herself in having Colonel Swope appoint him executor in the place of Mr. Hunton.

Mrs. Maggie C. Swope was the last witness of the day and told of the will of Colonel Swope and that he had said that as soon as he was able he would go downtown to change it.

Whether Dr. Hyde will be put on the stand today is a question that was not settled yesterday. Dr. Hyde attended Colonel Swope in his last illness and certified the cause of death as cerebral hemorrhage or apoplexy.

Whether Colonel Swope's death was due to strychnine poisoning will be a hard fought question. That the symptoms are described by the nurse in her testimony yesterday were not those of strychnine poisoning, was the assertion of a chemist who was in attendance at the inquest.

MAY ACT FOR EXPERTS.

The report as presented by Dr. Hektoen as to the findings of the analysis of the liver of Colonel Swope and his report on the post mortem together with expert testimony on the effects of strychnine poisoning, will be the principal points to be considered by the jury in determining the cause of death. That the jury will ask for some expert witnesses is the general belief of those who have heard the testimony and the questions which the jurors have asked.

Dr. Hektoen and Mrs. Swope were the centers of attraction yesterday. Mrs. Swope was present at the morning session. In the afternoon she was attended by three of her daughters who stood behind a garden bench on which she sat.

She was greatly interested in listening to the testimony of Dr. Hektoen and raised her veil during this time.

Dr. Hyde seemed to evince more interest in the testimony of Miss Kellar than in any other witness. He frequently talked to his counsel, Mr. Walsh, and later smiled at portions of Dr. Hektoen's testimony.

Miss Kellar's testimony, which preceded that of Dr. Hektoen, told of Colonel Swope's last day. She said she gave him a capsule at the request of Dr. Hyde. She told of the convulsions which followed 20 minutes later and which lasted for 10 minutes of his lapsing into unconsciousness and of giving him two or three, she did not remember the number, of hypodermic injections of strychnine by order of Dr. Hyde.

UNCONSCIOUS ALL DAY.

She said that Colonel Swope was unconscious during the entire day and breathed hard. His legs shook convulsively, he had a high pulse, and finally died.

It was 10:30 o'clock in the forenoon when Miss Kellar, the last witness Monday, was called to the stand. A part of the questions and answers she had made were read to her and she was questioned about the food that was given Colonel Swope during his last illness.

Miss Kellar said that no one other than she gave Colonel Swope food during his last illness. The most of this food was part of the regular menu for the balance of the family and occasionally she personally prepared light foods, such as rice. She obtained the raw materials from the supply pantry next to the kitchen. The regular meals were prepared by the negro cook. Miss Kellar described the house and the location of the various rooms.

"Dr. Hyde told me h e wanted a private talk as soon as I got through with the preparation of Mr. Hunton's body," said Miss Kellar. "This was a half an hour after Mr. Hunton's death. A couple of hours later I saw him in the sitting room upstairs.

DR. HYDE ASKED FAVOR.

" 'Isn't it awful?' he asked me, referring to the death. Then he told me he wanted to do something for him. He said that I had a good deal of influence with Colonel Swope and he wanted me to suggest to Colonel Swope that he select Dr. Hyde as one of the executors to succeed Mr. Hunton. He said that he understood Colonel Swope favored another whom he did not like.

" 'The minute I begin to interfere with the private affairs of Colonel Swope I will overstep my bounds.' I told Dr. Hyde and I left the room. Mrs. Hyde entered the room while we were talking, but stepped out. We all retired immediately after that conversation."

Miss Kellar testified again about telling the story of Mr. Hunton's death to Colonel Swope. She ate breakfast with Dr. Hyde, but had no conversation with him. Dr. Hyde came to Colonel Swope's room and Colonel Swope greeted him. Later, she said, Dr. and Mrs. Hyde went to Kansas City. In the afternoon Colonel Swope remarked that he would have enjoyed a ride had it not been for the death of Mr. Hunton.

"Colonel Swope ate well Saturday," said Miss Kellar. "I took his food off the stove, in the kitchen. Dr. and Mrs. Hyde returned about 10 or 10:30 p. m.

Dr. Hyde asked me if I had talked to Colonel Swope about the executor matter, and I said I had not. I don't think that Dr. Hyde went to Colonel Swope's room, as Colonel Swope always kept the door bolted.

SPENT BETTER NIGHT.

"Sunday morning Colonel Swope remarked, to my surprise, that he had spent a better night than usual. I gave him his bath and then prepared his breakfast. I presume he had toast, breakfast bacon and eggs, and probably some fruit. We had breakfast about 8 o'clock or a little after, and I had hardly gotten started when Dr. Hyde came down. After greeting me Dr. Hyde asked if Colonel Swope had had his breakfast. I said he had, and Dr. Hyde asked me to go with him. He said he had those digestive tablets and that he had promised to bring to Colonel Swope and wanted him to have one now. We went upstairs to Colonel Swope's room. Then I remembered there was no cooler on that floor and returned to the first floor for a drink of fresh water. Dr. Hyde was standing in the middle of the room. Colonel Swope was lying in his usual position in the bed with his head at the foot. He always said that he could rest better upside down. Dr. Hyde handed me what I supposed was a three-quarter grain capsule. It was not dark and I suppose it contained either white or gray matter. He took it from a pink colored box.

" 'Here is your digestive tablet,' I told Colonel Swope. He showed antagonism to taking this capsule and I finally laid it on the table and looked at Dr. Hyde with a nod which indicated that I would induce the Colonel to take the medicine later. We returned to the breakfast table and then I went back to my charge.

"Mrs. Swope handed me two Independence dailies and The Journal and the Times of Kansas City. I took them to Colonel Swope's room and he adjusted his eyeglasses. He said that he would look over the Independence papers while I found the articles in the city papers concerning the death of Mr. Hunton.

CAPSULE IS GIVEN.

"Before I handed him the papers I gave him the capsule. It was 8:30 a. m. I noted the time for his big gold watch was on the table. He began reading the Independence papers and I had found the articles in the Kansas City papers when I noticed him breathing hard, as if blowing. His eyes were set toward the west window and as I ran to his side and called to him 'What's the matter, Colonel Swope?' he made no reply but went into convulsions.

"It was then 10 minutes of 9 a. m., or twenty minutes after I gave him the capsule. His eyes then fixed upward and the pupils dilated and his face became cyanosed. He quivered all over. His eyes assumed an expressionless appearance.

"I called for help. I cried down stairs: 'Tell Dr. Hyde to come quickly.' I returned to Colonel Swope's side. He was not groaning, but the sound was that of an 'ah-ah.' Dr. Hyde did not come quickly enough and I called him for the second time. Mrs. Hyde came up before her husband. She said he would be up in a moment. He was in his shirt sleeves when he got up to the room. Miss Margaret Swope came to the door for an instant and Mrs. Hyde came inside. Dr. Hyde looked anxious. He felt Colonel Swope's pulse and in a few minutes declared 'Apoplexy, probably brought on by Mr. Hunton's death.'

RECOVERS IN TEN MINUTES.

"I don't remember just what Dr. Hyde was doing meanwhile. I was busy noting Colonel Swope's condition. In ten minutes he recovered from the convulsion and cried: 'Take it away, take it away.' I moved my hands as if removing an object, and he was satiated. Dr. Hyde then ordered me to give him a hypodermic injection of strychnine, one-sixtieth of a grain. As Colonel Swope slowly composed himself he said: 'Oh my God, I wish I had not taken that medicine. I wish I were dead.'

'This was a perfectly rational expression, I thought. He was very restless and Dr. Hyde ordered me to give him another hypodermic injection. I then looked for the pink box from which Dr. Hyde had taken the capsule. There was nothing in Dr. Hyde's actions which would have caused me to question anything he ordered me to do. Colonel Swope's pulse was very rapid. It was 140 and rapid and bounding. I don't remember whether I gave him two or three injections of strychnine. Shortly after the last one he lapsed into a state of coma.

"He never recovered from this condition. His eyes half closed and became fixed and the heavy breathing continued. His knees and legs twitched and once when I pulled the covers over him I noticed that his lower limbs were bluish in color. I called Dr. Hyde's attention to this. Dr. Hyde went to dinner first and when he returned I went downstairs. About 3 p. m. Dr. Hyde told me I might go outside for a bit of fresh air. I was glad of the opportunity to get outside and I chatted for a few moments with visitors.

"When I got back Colonel Swope's condition was the same. I noticed his legs and they were purple to the knee. He lay on his back and his limbs jerked. Dr. Hyde looked at the purple limbs but made no reply."

"Shortly afterward Colonel Swope seemed to rally slightly. As he did I turned to Dr. Hyde and remarked, 'I would hate to answer for the consequences when Colonel Swope recovers.' He asked why and I told him 'Because you know that he will connect his attack of illness with the taking of that medicine.' Dr. Hyde made no reply.

SAID HE WAS SINKING.

"It was not long afterward when Dr. Hyde, who was on the left side of the bed, declared that Colonel Swope was sinking. I had hold of his right wrist and said that I did not think so. I could not see that there was much change and told Dr. Hyde so. He then came over to my side of the bed and took the pulse there. He reiterated his assertion that Colonel Swope was failing rapidly. I don't remember what the count was , but I held his pulse the greater part of the day.

"The hypodermic injection was given with my instrument and the drugs were taken from my case. Dr. Hyde broke his while in Kansas City, he told me, and that was the reason I used mine.

"Shortly before 7 p. m. I was called to supper. Dr. Hyde said that he would remain with Colonel Swope. The family gathered round me in the dining room and asked as to Colonel Swope's condition. I told them that he might last until midnight, that he might last for a couple of days or that he might recover. I had been downstairs about twenty minutes, it seemed to me, when I was called. Mrs. Hyde was the first to meet me.

" 'All is over,' she said. 'Uncle Tom just passed away. He died so easily.' This was about 7 or 7:15 p. m.

"I hastened up to the room to prepare the body for the undertaker. I was left in the room alone and had scarcely finished when Dr. Hyde and Mr. Paxton came upstairs. They asked me for his vest and said that Colonel Swope had said that in the event of an emergency, his will would always be found in his vest pocket. Mr. Paxton got the will, and had me swear that I saw him take it.

"Colonel Swope told me many times about the will. He said that he kept it in his vest pocket, so that it would be easily found in an emergency. He also was fond of using the expression that he had just ninety more days to live.

"Dr. Hyde predicted early in the last illness of Colonel Swope that he would never go to Kansas City again. The symptoms of Colonel Swope's death were entirely different from those of Mr. Hunton.

"Shortly after Dr. Hyde and Mr. Paxton left the room, I happened to think of a check for $5,000 which Mr. Spangler had brought him a couple of days before and which I put in a puffbox. I grabbed the puffbox and hastened to Dr. Hyde and Mr. Paxton, telling them that I forgot about it when they were in the room.

" 'Present your bill to Mr. Paxton, the executor of the estate,' said Mr. Hyde later in the evening. 'Make it $35 a week, as we think that you were of much service to Colonel Swope and he was a wealthy man and left a large estate, and it was worth that much.' I told Dr. Hyde that I would only charge $25 and that was all my bill would be for. Later Mrs. Swope talked with me about it, and said that the family desired to make me a little present, and that this was the only way that it could be done. I assented when she insisted and put in my bill for $35 a week."

Dr. Ludwig Hektoen, who conducted the autopsy and carried the viscera of Colonel Swope to Chicago for a pathological examination and chemical analysis, was the first witness after the noon recess. Dr. Hektoen arrived in the morning, but spent the time in Mr. Paxton's office. He was the guest of Mr. Paxton at dinner, and then returned to his office, getting his grip and arriving at the court house at 1:30.

DR. HEKTOEN NERVOUS.

The jury was ready, but Coroner Zwart had not decided whether to put Mrs. Swope or Dr. Hektoen on the stand first. Dr. Hektoen's face was slightly flushed when he entered the court room, and was called to take the stand. He was a bit nervous and sometimes repeated questions which were asked him. He carried his notes in manuscript, which he had fastened together.

Dr. Hektoen said that he was 45 years old, and that he was a pathologist. He defined the word for the jurors' benefit. He said that on January 21, at the request of Mr. Paxton, he conducted a post-mortem examination and autopsy on the body of Colonel Swope. With him at the time were Coroner Zwart, Drs. Hall, Stewart, Twyman and Adkins. Dr. Hall assisted him and Dr. Steward took notes. His description was technial and he was asked several times to explain the technical phrases and descriptions to the jurors so that they could understand just what he was talking about.

Dr. Hektoen, in his testimony, said:

"The body was that of an old but apparently well nourished man. It was frozen solid, and showed no signs of decomposition. It was naked, and my attention was first called to marks on the wrists and ankles. I was told that these were undertakers bands, and had been made after death. We tried to thaw out the body, and then made an incision. I noticed that there were two incisions in the body, one in the arm and the other in the abdomen. Both were made by the undertaker, I was told.

TUMOR ON KIDNEY.

There was no difficulty in making the examination, only in removing the organs from the body. There were some changes in the lower part of the aorta. Portions of this had degenerated and hardened. there were slight chronic changes in the kidneys and a tumor growth on the left kidney. This was an encapsulated tumor of about two inches diameter. It was yellow on the opened side.

The brain was divided into pieces and subsequently subdivided into smaller pieces in my laboratory in Chicago. This was done to inspect it for evidence of cerebral hemorrhage. There was no evidence in the brain or about the lining of the brain of any blood clot, hemorrhage or of the blood current carrying a clot into the brain. Neither was there any evidence of any disease. Had there been a clot or hemorrhage, the embalming fluid would not have carried it away or disturbed it.

A careful examination was made of the internal capsule or ventricles for evidence of a minute hemorrhage. Sometimes a hemorrhage in this section of the brain is minute, or it may be extensive. If the hemorrhage was so minute that it could not be detected by the naked eye it would not have been sufficient to have caused death. A hemorrhage in this section of the brain would be termed cerebral apoplexy.

A very thorough examination was made of the heart. It was normal, although it was filled with blood. The aorta was smooth to the part that runs down the chest wall. Here it was thick and showed calcified areas. This is common in old age. It was not extensive, and there were also indications of degeneration. Degeneration of a blood vessel is a softening of the tissues. The calcification is a hardening through a limy deposit. The blood in the heart was due to the efforts of the undertaker to force embalming fluid through the body. The clot was formed after death. There was no evidence of an ante-mortem clot.

The lungs were practically normal, although there was some congestion in the lower left lobe, but no condition which would be sufficient to have caused death.

The stomach was found to have been punctured by the undertaker. The puncture was not so much of a consequence. The organ was small and did not appear to contain much material. It appeared considerably contracted at the end which joins the small intestine. I ligated the stomach above and below and transferred it intact to one of the glass jars. On the gross examination I found nothing to account for this.

The small and large intestines were normal. In the descending colon were found a small polypoid growth wich hung free. This was not of a serious nature and co uld not have caused any gastric or digestive disturbances.

The pelvic organs were normal. In the lower half of the left kidney there was an encapsulated growth which I referred to before. This did not interfere with any vital organ. The spleen and the liver were of normal structure and size. The bladder and prostate were also normal.

After the post mortem examination was made I could not arrive at any conclusion as to the cause of death. There was nothing in the examination we had made which would have indicated a cause for death. I then put the organs I desired for chemical analysis into four half gallon glass jars and placed them in my suit case. I put the brain in one jar, the liver in another, stomach in another and kidneys in another. I took a small section of the heart for microscopic examination.

PERSONALLY CARRIED CASE.

I personally carried this suit case to my laboratory in Chicago. There after a conference with Mr. Paxton I got Dr. Walter S. Haines, professor of toxicology in the Rush Medical College, to make the chemical analysis.

On February 5 I received a reports that indicated that the liver contained about a grain of strychnine. The circumstances under which the poison was found indicate positively that the introduction of the strychnine was during the life of the subject. The liver and other organs would absorb strychine if it were injected into the body after death, but the strychnine would have to be in solution and would be in all parts of the body.

"There is no way of telling by chmical analysis whether the strychnine reached the liver by means of hypodermic injection or through the mouth and stomach. If there was an unusually large amount of the poison in the stomach nd a small amount in the other vital organs it would indicate that the poison was administered thorugh the mouth. Still we might find a greater amount of the poson in the other organs than in the stomach and it would have been administered through the mouth during life.

"The examination on the contents of the stomach are still uncompleted. I have received no written report, but have received a verbal report that the examinations are being prosecuted. The report on the liver is not final, as the examinations now being made are to confirm the findings heretofore made. I have been informed verbally that there are indications that strycnine will be found in the stomach contents.

COULD NOT BE STORED UP.

"The use of strychnine in medicinal doses could not cause death as a sufficient quantity could not be stored up in the organs. I don't know how fast it is absorbed and eliminated, but if the drug is given three times a day there is no danger of poisoning. One might find minute tracaes of the strychnine but not in such quantities as one grain. A fatal dose is generally believed to be half a grain. Smaller doses have caused death in many instances. A man might live several hours or he might die in one-half hour after he took a fatal dose. This would depend on the contents of the stomach and whether the drug was combined with some other drug."

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February 9, 1910

DEAF MUTES AT DANCE.

They Feel Music, Floor Carrying
Vibrations to Their Feet.

Deaf and dumb people are "like the rest of us" except that they dwell apart in a world where there is eternal silence. Just because their language is not ours it does not mean that they do not have a good time occasionally, a truism which was demonstrated last night when seventy of them had a genuine masked ball in the A. O. U. W. hall at Ninth street and Michigan avenue.

The few visitors who attended the hop saw exactly what anyone sees at a function of this kind -- men and women gaily disporting themselves in all kinds of ludicrous costumes. There were smiles and laughter, perhaps, even, flirtations. The eyes behind the ashen mask of the clown sparked brightly through the peep holes at the lustrous orbs of the queen of spades or the kilted chorus girl. Only the hands, quick, sentient members that fluttered constantly, telling stories the tongue was intended to convey. Outside of this slight difference it was all that could be expected of a masked ball.

Miss Mary Annett was the funniest girl on the floor. The three judges decided this with a single gesticulation apiece. She was petite and pretty. An outsider would not have said "funny" but "interesting" in describing her.

She was tricked out in a blue gingham union suit of enormous proportions. As she glided easily to the tune of a waltz, her feet answering in some occult fashion the vibration of the music conducted to them by the floor boards, she was often applauded, but never laughed at. Mary got a hand-painted cracker bowl as a trophy.

Mary had two sisters present who rivaled her for grace and dress. They were Elda and Edna Arnett, both older than she and able to talk.

Leslie B. Honien, dressed as Happy Hooligan, was the funniest man. Honien is a printer. He had "pied" his costume. "Pied," by the way, is a technical term meaning "generally mixed up, presumably by accident."

Others who shared in the prizes awarded were C. O. Duffield and Leonora McGinnis. Goldie Marksbury played the piano.

The remarkable thing about the dance was that everyone knew how and followed the music, despite the fact that they were unable to hear a single note. The floor carried the vibrations to their feet.

The dance was a benefit given under the auspices of the Association of the Deaf. The returns, amounting to $60, are to go to the education of the deaf and dumb.

The judges were the Rev. J. Koehler, Charles Minor and Frank Laughlin.

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February 9, 1910

LIBRARY CHARTS SHOW
POSITION OF PLANETS.

Saves People Interested in Special
Stars Delving Into Techni-
cal Books.

Persons interested in astronomy, who formerly went to the public library, looked through many books and contended with the technical terms of that science in order to find out the position of a planet, the route of Halley's comet or other astronomical data, will be pleased at the innovation of the librarian.

She has prepared two charts of the heavens, each one for a month, showing the position of the planets and other heavenly bodies. One is for January and shows the route of Halley's comet. The other is for February. Both have been placed against one of the big columns on the first floor of the library building, facing the door.

"A great many people have lately come to the library asking for books on astronomy," said Mrs. Carrie Westlake Whitney, the librarian, yesterday.

"Their interest probably has been aroused by Halley's comet. They don't want theoretical treatise nor books with scientific terms, but books in simple language, easily understood. Because of this I devised the plan of putting up these charts and referring people to them. Most people find all they wish to know by looking at them. The create a good deal of interest.

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February 9, 1910

NEW PLAN TO OUTWIT THIEVES.

Traveler Tears Ticket to Bits and
Scatters Them Over His Person.

Joe Lamford, who claims Seattle, Wash., as his residence, spent several hours yesterday trying to pass through the Union depot gates on a tattered ticket. He explained that on his arrival here last Friday he had torn his ticket for Oklahoma City into small pieces and placed them in different pockets to prevent "lifting." Then according to his story he took in Union avenue. After a few days in the workhouse, he tried to get his ticket together. When he presented the various portions in an envelope yesterday, he was given the option of buying another ticket or counting the ties to Oklahoma City.

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February 8, 1910

CORONER'S INQUEST BEGINS
DEATH AND POST-MORTEM OF
COL. THOMAS SWOPE
EXAMINED.

HYDE'S NAME MENTIONED.

Doctors and Nurses Testify
at Independence.

The coroner's inquest into the death of Colonel Thomas C. Swope got underway in Independence yesterday, and it was brought out that Colonel Swope, tried a number of tonics and remedies, and that he worried over his will in the weeks before his death, and wanted the poor of the city to benefit by the income from his residuary estate, valued at $1,000,000.

Harry S. Cook, superintendent of the Forest Hill cemetery, told the story of the removal of the body of Colonel Swope at dead of night from the catacombs where it was at rest. He said that secrecy was observed and that a blanket was hung on the grillwork of the tomb, so that no one could look in, had anyone had an inkling of what was going on.

The casket, he said, had not been touched and the body was frozen and in a good state of preservation.

The autopsy was conducted at Ott's undertaking rooms at Independence. Coroner Zwart, Drs. Hektoen, Twyman, Stewart, Hall, and a younger docter were among those who attended the post-mortem, it was testified. The body was still frozen, and coal oil lamps and stoves were lighted to thaw it. Bottles were filled with hot water and laid on the body, and then all was covered with blankets.

The post mortem began at 2 p. m. After the doctors finished the autopsy, in which they removed all of Colonel Swope's internal organs and his brain, the body was sewed up, dressed and put back in the casket and removed to the third floor of the undertaking establishment, where it was hidden. It was taken back to the vault the following day. This was done in the day time, as the story of the autopsy had leaked out and there was no further reason for secrecy.

Dr. E. L. Stewart, who graduated seven years ago, and specializes in microscopy, took notes for the doctors who conducted the post mortem. Dr. Steward did not remember all of the details of the autopsy. He declaired that he was too busy taking the dictation by Drs. Hall and Hektoen to observe their operations as closely as he would have liked to. He said that so far as he could see, there was nothing about the appearance of any of the organs removed by the doctors which would indicate that they were other than in a normal condition.

Dr. Stewart turned his findings over to Dr. Hektoen, he said. Dr. Hektoen also took charge of Colonel Swope's viscera. Dr. Stewart remarked about the frozen condition of the body, which he said was rather frail. The brain, he said, after removal, was cut into thin slices so that the doctors could ascertain if there had been a hemorrhage. No blood clot was found either in the brain or in the lining.

NO CLOTHING ON BODY.

The clothing had been removed from the body when he first saw it and he noticed an undertaker's mark on the arm. He also noticed a small dark mark on the left wrist and the undertake's mark on the abdomen. He told of pulling off the scalp, sawing the cranium and removing the skull cap and then taking out the brain. This he said was sliced, but he did not remember into how many sections nor their thickness. The brain was then placed in one of the big half gallon fruit jars and was sealed.

Dr. Stewart said that the brain was taken out whole, as he remembered it. There was no hemorrhage, at least none that was visible to the naked eye, he said. Dr. Stewart did not know whether Dr. Hektoen took the kidneys. He said that to the best of his recollection several of the blood vessels near the heart were hardened. He said that neither he, nor any of the doctors who performed the autopsy, could attribute Colonel Swope's death to any unusual condition found in his vital organs.

He said that one kidney seemed to be slightly enlarged, but this fact, he added, might have been natural. The liver, he said, was of the ordinary gray color and was in good condition. Dr. Stewart said that had there been a hemorrhage of the brain that the embalming fluid wich is used would not have reduced it.

Dr. G. T. Twyman, the Swope family physician, was present at the autopsy, which he said was conducted by Drs. Hektoen and Hall. The body was very well preserved, but was frozen hard. the fluids in the body had all turned to ice. Efforts to thaw it were without avail. There was but one abnormal condition of any consequence, he said, and that was a thickening of the walls of the stomach.

KNEW NOTHING OF DEATH.

Dr. Twyman said that Colonel Swope was not anxious to take medicines or tonics. He last saw him professionaly on April 28, 1909. He had seen him at various times since then and there was nothing in his condition to lead him to the belief that he would die suddenly, he said. Dr. Twyman said that he knew nothing about Colonel Swope's last illness or death. He did not know what caused Colonel Swope's death and he declared that there was nothing in the post mortem which could lead him to form an opinion as to the cause of death.

Sylvester W. Spangler, who since 1903 has had charge of Colonel Swope's real estate, told of Colonel Swope's penchant for taking medicines of various sorts which might be recommended to him by friends, including a tonic which contained strychnine, quinine and iron. He also told of the oft-repeated wich of Colonel Swope just prior to his death that he could arrange in some way to so place his residuary estate that the revenue could be used for the benefit of the poor.

"The last time I saw Colonel Swope alive was the Saturday preceding his death," said Mr. Spangler. "I came down on account of the death of the night previous of his cousin and also to attend to any business matters which he might indicate he wanted closed. I was with him for about an hour and he was in bed all of this time. About the close of our converstaion Colonel Swope addressed me: 'So far as pain is concerned,' he said, 'I have none and never felt better in my life, but I realize that I am a weak man and can't live long.' I cheered him up as best I could.

KEPT TONIC IN OFFICE.

"Colonel Swope kept a tonic in his office, which, according to the label, contained strychnine, quinine and iron and was put up in Independence. He took the contents of two of these bottles, to my knowledge. He would take the medicine for a couple of days and then would not take any for several days, or a week. He took a teaspoonful at a dose. The medicine was orange colored. He also took tablets, some of a white sort and some bromo-quinine tablets. He took Pape's Diapepsin for his stomach trouble. In fact, he took a great many medicnes which were recommended to him by friends as good for his particular case. Two years ago he took some acid phosphates.

"He often told me about some new remedy he had purchased and which he said he would give a trial, as it was harmless, and if it did no good it would do no harm. He had a vest pocket memorandum book in which he kept a record of the medicines recommended to him and which he tried. He would invariably return to me and tell me that the medicines were fakes. The elixir, he said, was prescribed by an Independence, Mo., doctor and was to give him strength.

"Colonel Swope rewrote his will while I was in his employ. He did not discuss the bequests with me and I knew nothing of the amounts until after his death and the publication of the instrument.

"The reason he gave me for rewriting the will was that some of his property had greatly increased in value and that some had decreased. He wanted the proportions of his bequests to be as he first intended. After providing for all of his heirs he still had a good deal of property that he wanted to dispose of in a charitable way. This residuary estate was worth, he told me, about $1,000,000. He wanted the revenue from the estate to be applied to the benefit of the poor, regardless of their former conditions in life.

WORRIED OVER WILL.

"He was endeavoring to find a way to dispose of this property so that the revenue would be used for the purpose intended. He could transfer it, he said, so that it would not be necessary for him to make a new will and the old would could not be broken. He was worried over the disposition of the residuary estate. He told me that if he deeded it to the city that the revenue, and possible the principle, might be wasted, while if he deeded it to loyal citizen friends, that he feared they were too busy hustling after the almighty dollar to give the property and the revenue the proper attention.

"About six weeks before he died he went to the vault and got his will. After keeping it in his office for a week he told me one Saturday that he would take it home and spend Saturday and Sunday on it. Monday morning he brought it back and said that he had looked it over carefully and that it was as nearly perfect as he could make it. He said that he could not betteer it if he wrote it 100 times.

"Colonel Swope's effects, such as clothing which he kept in the office, were given to the Salvation army after his death. I never heard of an enemy of Colonel Swope and knew of no one that he ever entertained any malice against.

"Colonel Swope claimed Wooford county, Ky., as his home until he gave Kansas City Swope park in 1903. He lived in Independence except for a few months, about 1904 or 1905, when he roomed at the Orient hotel.

"Colonel Swope voted but once in his life, he told me, and that was when McKinley made the first race for the presidency. Colonel Swope made a special trip to Wooford county, Kentucky, to cast his vote for McKinley."

Miss Pearl Virginia Kellar, 36 years old, a trained nurse of five years' experinece, was the witness of the day. Miss Kellar attended Colonel Swope during his last illness and was employed by Dr. B. Clark Hyde, three weeks prior to that event. For several weeks Miss Kellar has been virtually one of the members of the Swope household in Independence. She said that she had only a passing acquaintance with Dr. Hyde, prior to the time that he employed her to go to the Swope home.

MENTIONS HYDE'S NAME.

"Dr. Hyde called me over the telephone Sunday night, September 12. He asked me to meet him Monday at 7:30 a. m. and go to Independence. On the way he told me that Colonel Swope was not really ill; that he had fallen and slightly injured his left shoulder, but to make him feel that I was doing something for him and to massage the injured shoulder. Mrs. Swope and the four daughters met us at the threshold and after donning my uniform I was escorted to Colonel Swope's room where we shook hands and he said he was glad to seee me. The injury I found to be very slight. I was with him three weeks, except one day when I went to the dentist.

" 'Here are some "Pinkle's Pink Pills and some tonic,' said Dr. Hyde to me. 'Let him have the pills and also the tonic as he has been in the habit of taking them.' I found the tonic to contain strychnine, iron and quinine and peptomangan. It was put up by Pendleton & Gentry of Independence. Colonel Swope told me that Obe Gentry had given Mr. Hunton the prescription and that it was very good.

" I kept a nurse's record of Colonel Swope for two weeks, or a week longer than he thought I kept it. He objected to the keeping of the record and when I told Dr. Hyde that I had kept it a week longer than Colonel Swope was aware, and that there was no good reason for keeping it longer, Dr. Hyde suggested that I discontinue it. Colonel Swope objected to me taking his temperature. I made up his bed and straghtened him around, then gave him a bath, an alcohol rub and massage and later another alcohol rub and massage."

NURSE'S NOTES READ.

Miss Kellar here produced her notes and read off her daily notations as to the treatment the patient received and his condition. She said that he ate very full dinners, including cabbage at one meal which she said Dr. Hyde told her he could have as he had been accustomed to it. She gave him occasional drinks containing wine or brandy. She said that Colonel Swope and Dr. Hyde were on perfectly friendly terms.

Her records showed that he took several doses of the pink pills, varying the number from time to time. Monday, September 20, she said that he sat up for an hour in an adjoining room where he looked over the grounds. Wednesday she said that he began taking the tonic, which heretofore he had not touched. She said that Mr. Hunton suggested taht now as he was better that he could take the tonic and get well sooner. Miss Keller also testified to the frequency that Colonel Swope vomited and said that these attacks were without the slightest warning and usually at meal times.
"On Wednesday, September 29 Colonel Swope and I went out riding. We drove out the Lexinton road past the Swope farm which he had not seen in nine years. We were out for two hours and he stood the trip splendidly. Thrusday we drove almost to Kansas City. Friday we started to Blue Springs, but failed to take the right road and had a rough ride.

"After putting Mr. Swope to bed, I came down stairs and Mr. Hunton called me. He was eating dinner and suggested that I eat with him. We had almost finished when Mrs. Swope and Miss Margaret came in. Mr. Hunton looked at me and said that he felt queer. Mildred and a girl friend entered the room at this time and Mr. Hunton tried to pick up a glass of water. He half raised it and then it fell from his hands. I ran to his side and discovered that his left leg was helpless. A negro boy helped me carry him to the library and we summoned doctors.

HUNTON BECAME SICK.

"By the time Dr. Twyman came Mr. Hunton had lapsed into unconsciousness. He had vomited profusely. The boys got an ironing board and we laid Mr. Hunton on this and carried him upstairs. Colonel Swope meanwhile had called, and one of the servants failing to pacify him, I told him that Mr. Hunton was seriously ill. After Dr. Hyde came they decided to bleed Mr. Hunton.

"I did not tell Colonel Swope about the death of Mr. Hunton until Saturday morning. When I told him that Mr. Hunton ws dead, he grasped the bed clothes, and hiding his head, cried, 'Poor Moss.' For a moment he sort of sobbed, and then he asked me to tell him all about it. He th en told me he wanted to be very quiet. He wanted to see no one but Mr. Spangler. He first said taht he did not want to see Dr. Hyde for fear that the doctor might think that he needed him professionally. Colonel Swope did not go across the hall to see Mr. Hunton, and I read to him. The news of Mr. Fleming's wife's death came at noon. Mr. Spangler ws the only visitor. He came about noon."

As Miss Kellar reached this part of her narrative, Deputy Coroner Trogdon conferred with Coroner Zwart and Attorney Reed and announcement was made of adjournment until 10 o'clock this morning.

MRS. SWOPE SHIELDED.

Miss Kellar, the trained nurse who was with Colonel Swope the last three weeks of his life, arrive at the court house shortly before 4 p. m. with Mrs. L. O. Swope and a woman companion. They were driven to the court house in an automobile and were escorted by Attorney John Mastin. They were taken in the witness room, which was kept locked. Miss Kellar, her companion and Mr. Atwood shielded Mrs. Swope from the gaze of the curious. Mrs. Swope was attired was attired in black and wore a heavy veil.

The array of legal talent in the case yesterday was probably the largest in the history of the court house. The Swope heirs and Mr. Paxton, the executor of the estate, were represented by Messrs. Reed, Atwood and Mastin. Virgil Conkling, the prosecuting attorney, represented the state, while Dr. Hyde was represented by Attorneys Walsh, Cleary and Johnson. Coroner Zwart wsa represented by Deputy Coroner Trugdon.

"Can we come in and listen to the case?" inquired Mesdames William Young and Cliff Morrow, neighbors of the Swopes, of J. A. Brown, superintendent of the court house building. "Certainly," he replied and secured them a seat immedately behind the attorneys. There were a score of women at the inquest in the afternoon.

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February 8, 1910

JOSEPH STEIBEL RESIGNS.

Popular Assistant Manager Quits
on Account of Ill Health.

Joseph Stiebel, the well known and popular assistant manager of the Orphem theater, has resigned, but will remain with the theater until a successor is named. For four years Mr. Stiebel has been with the Orpheum and he made a host of friends during that time. He has been under the doctor's care for more than a week and as soon as his successor is chosen will go to Excelsior Springs for a several weeks' stay.

"My health has not been the best for some time," said Mr. Stiebel yesterday, "and I felt I owed it to myself to take a vacation and get my strength back. I was unable to leave the house two days last week and the doctor says it is necessary for me to get away from hard work for a while and rest up."

No successor has been secured for Mr. Stiebel and he will remain with the Orpheum until the place is filled.

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February 8, 1910

'A SWEDE IN PERIL'
IS WARD WAR CRY.

Scandinavians Flock to the
Standard of Gus Pearson.

"A Swede is in peril!"

That was both the watchword and the reason assigned for the meeting last night at the Stockholm hotel at 1024 West Seventeenth street, where about 300 Second ward Republicans indorsed Gus Pearson for another term as city comptroller.

The Scandinavian settlement in Kansas City has had two city comptrollers, and each has made good with his party, and the present comptroller, Gus Pearson, made good with the Democratic administration, too, but they have never had other representation, and now they are out for a member in the upper house of the council.

Last night these Second warders met to indorse Mr. Pearson and have a lunch, and they listened to Fred Coon and Judge Harry G. Kyle while they were awaiting the adjournment of the city council and a chance to tell Gus Pearson that they are for him.

Charley Lawson, who was chairman of the meeting, sounded the watchword: "A Swede is in peril."

Lawson and other speakers told how Pearson is to be rolled at the Republican convention February 25 because, as they declared, he has incurred the enmity of party bosses.

It appeared to be the sense of the meeting that Pearson is to be "rolled" by the bosses because he remained under a Democratic administration and the speakers declared that these same bosses offered to go into the courts to protect their places in the service when the Democrats ousted all of them but Pearson and kept Pearson merely because he is competent.

JUDGE KYLE TALKS.

Judge Harry G. Kyle, who expects to carry the Second ward with the aid of Mr. Pearson's friends there, said in part:

"The freeholders, in drafting the new city charter, and in creating the hospital and health commission department of municipal government brought the city government close to the needs and wants of the people. This department will have control of the city hospital and all institutions now or hereafter owned or controlled by the city for the care of sick and injured persons; for the confinement, support and maintenance of insane persons.

"This commission will have a competent man to act as superintendent of the hospitals and other kindred institutions. It will also have a competent health commissioner to direct inspection of every part of the city, with a view to maintaining good sanitary conditions; also to inspect dairies, meat, food stuffs and water supplies for drinking purposes and to enforce all pure food laws."

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February 8, 1910

MONSTER STADIUM
WILL BE BUILT.

TEN-ACRE TRACT BOUGHT NEAR
ELECTRIC PARK FOR AN
ATHLETIC FIELD.

Kansas and Missouri Uni-
versities Offered Use of
Park for Football.

A monster stadium which will seat 30,000 people, and an athletic field large enough for football games, track meets and baseball will be constructed on a ten-acre tract of ground within two blocks of Electric park by the Gordon & Koppel Clothing Company within the next six months. The ground was purchased yesterday for $30,000 and work on the stadium will start immediately.

The land is located between Forty-seventh and Forty-eighth streets and Lydia and Tracy avenue. It is on two car lines and crowds can be handled as well as they are handled at Electric park. The stadium will be of wooden construction, and it will be an up-to-date athletic field, such as has been proposed in the many stadium propositions talked of recently for football games between Kansas and Missouri universities. It will be known as the Gordon & Koppel Athletic field and will be under the management of George C. Lowe, a member of the firm.

TO VISIT M. S. U. TODAY.

This project is the result of the talk of erecting a stadium for university football, although the management has made no proposition to the universities to date and has not been promised the annual Thanksgiving day game. Mr. Lowe will go to Columbia, Mo., today to put the proposition before the athletic management of the university. He will then outline his plans to the Kansas university management. He will offer the field to those institutions for 10 per cent of the gross receipts of the annual game, but says that no matter whether those schools can be interested in it or not his plans will be carried out because football is but one of the many athletic events this stadium will be used for.

This is a private enterprise. For more than two months the backers have been trying to purchase the ground, but did not agree to terms until yesterday, when the transfer was made. The ground belongs to the Davis estate and the sale was made by G. E. Bowling & Co. The stadium will be built on ground 500 by 600 feet, the rest of the tract of ground to be used for other purposes. The inside of the field will be large enough to allow a quarter of a mile track to be built, which will be outside of the baseball diamond, and football gridiron.

MODERN IN EVERY RESPECT.

There will be bath rooms and lockers for the players. The stadium will be so constructed that there will be five entrances in front of it and as patrons of the park enter they will go up incline walks to the top of the seats, as they do in Convention hall. A walk will be built around the top. A grandstand will be constructed on each side of the athletic field and the ends will be bleachers. A row of boxes will be constructed around the entire field. The field will be laid out so that in case football crowds are more than 30,000 people, about 5,000 can be seated in chairs on track.

This field will be open to the public for use for all athletic evens and the management announced last night that in case a circus or anything of that nature could be put in the inclosure it will be rented for such purposes. Director Barnes of the Y. M. C. A. favors the enterprise for athletic events in which his men take part. City League baseball will be played there and Sunday School Athletic League and ward and high school athletic meets will have the privilege of using this ground.

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February 8, 1910

GIFT WAS DEAD WIFE'S WISH.

Twenty-Five Thousand Dollar Tract
Presented to School Board.

Property valued at $25,000 at the northwest corner of Twenty-Fifth and Holmes streets has been presented by Louis George, a retired trunk manufacturer, to the board of education. The one stipulation is that the land, consisting of 175 x 130 feet, be made the site of a branch public library.

Mr. George made the gift to conform with the wishes of his wife, now dead. The deeds conveying the property to the school board have been executed. The board will meet next Tuesday to accept the gift and express its thanks to the donor. Mr. George will continue to live on the south forty-five feet of the tract.

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February 7, 1910

PORTERFIELD KNEW
SWOPE CLAIMANT.

CIRCUIT JUDGE SAYS ELMER C.
WAS PROSPEROUS BUSINESS
MAN OF MARTINSBURG.

DOUBTS STORY'S TRUTH

Must Prove His Allegations,
Which Legal Records
Alone Could.

The claim of Elmer C. Swope of Martinsburg, W. Va., that he is the son of the late Colonel Thomas Swope was the general topic of conversation yesterday among old friends of Colonel Swope, by whom it was ridiculed. They declared that Colonel Swope came here before the war, and that therefore the Eastern claimant was in error. They also insist that Colonel Swope was a bachelor, and that had he been married someone here surely would have known of it.

"I think that Elmer C. Swope is laboring under an hallucination," said Judge E. E. Porterfield, who was born and raised in Martinsburg. "I knew Elmer C. Swope when he came to our town a quarter of a century ago and went to live with his uncle, Hugh A. Frazier. Mr. Frazier was in the implement business and young Swope was then just out of age and took an active hand in the business. He was well liked and the business prospered.

"I left there over a score of years ago but have returned frequently for short visits. On these trips I have seen Elmer Swope, and have talked with him. In recent years he suffered business reverses, and lost much of his money. My brother, Joseph L. Porterfield, is in the real estate business in Martinsburg and I make sure that I would have heard something about Elmer C. Swope's claim before this were there anything to it."

SHIFTS TO INDEPENDENCE.

The center of interest in the Swope case shifts this morning to a little room in the court house at Independence, where Coroner B. H. Zwart, assisted by Deputy Coroner Trugdon, will begin the inquest into the cause of death of the late Colonel Thomas H. Swope.

Here the witnesses on the several sides will be asked to tell the coroner's jury all they know about the last illness and death of Colonel Swope. The attorneys for the interested parties will be present. The coroner, his deputy and the members of the jury will ask questions of the witnesses. Whether Prosecuting Attorney Conkling will question the witnesses will be determined this morning. It is presumed by the attorneys for the Swope heirs that the prosecutor's office will ask some of the questions, either directly or through the deputy coroner.

Yesterday was a day of rest of those engaged in the case. The attorneys attended to private affairs and several of them took long motor rides in the afternoon.

Independence had many visitors yesterday. They began coming into the town early in the morning and most of them walked about the old court house and visited with those shopkeepers whose places were open. The people in Independence are surprised that the outside outside world should take so much interest in the Swope case. In fact, there are many of the residents who are not aware of the fact that an inquest is to be held this week. The persons who will attend the inquiry promise to come largely from Kansas City.

The testimony which will be heard today will be from the undertaker and his assistants who removed the body from the cemetery to the undertaking rooms at Independence, the sexton at the cemetery and possibly the doctors who performed the autopsy and removed the viscera. Other witnesses will be placed on the stand to prove the identity of the body.

On Tuesday it is probable that the members of the Swope family, the nurses and possibly the doctors will be heard. The experts from Chicago, it is thought likely, will not be heard until Wednesday. They are expected to arrive here Tuesday, however, and will confer with Mr. Paxton, the executor of the estate.

In the meantime the attorneys in the Dr. Hyde libel suit will rest. It is not expected that they will endeavor to take any depositions until after the inquest. One of the principal reasons for a delay is that they expect to attend the inquest and therefore will not have the time to give to examining witnesses.

It is understood that Detectives Harry Arthur and Joe Morris have been detailed by the police department to attend the Swope inquest. They will be there to assist the prosecutor.

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February 7, 1910

"MOOCHED" ON A SCHEDULE?

Police Hold Thirteen Suspected of
Being Professional Beggars.

What the police believe to be an organized gang of professional beggars was effectually broken up yesterday morning, when thirteen men and women were taken from 12 East Missouri avenue to police headquarters pending investigation.

Tacked on the back of a door of their quarters was a placard on which was written the dates of various forthcoming attractions at Convention hall, presumably compiled as a reminder of the "on nights." The circus to open in the big hall on February 14 was noted, together with the auto show to be held February 28. The telephone number of Convention hall was also jotted down across the bottom of the card.

Three men who gave their names as Ed Murray, Harry Beach and George Wilson were apparently the leaders, as "general orders" by each of them posted about the walls of the room, indicated that the others were directed where and when to "work."

One of the women had a 3-year-old child and the police say she has been seen several times begging on the streets with her baby in her arms. It is understood that the nickels and dimes collected went into a general fund which was apportioned and divided according to the standing of each member.

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February 7, 1910

EVEN THE BABIES
HEAR THE BAND.

Battery B Musicians Please
Large Audience in Con-
vention Hall.

Yesterday afternoon's concert at Convention hall by Battery B band will not be the last, according to an announcement from the stage. There was no question of the success of the event, every number being vigorously applauded, "Lohengrin" proving fully as popular as the one ragtime selection of the afternoon.

The size of the audience was a surprise to the management, nearly 1,500 people being present. It was distictly a family gathering of fathers, mothers and the children. Mr. and Mrs. Newlywed and the baby were on hand and Papa Newlywed did a pedestrian "stunt" up in the balcony when the baby showed a disposition to rial the best efforts of the musicians.

Director Berry ha arranged an excellent programme, comprising seven instrumental and two vocal numbers, which was more than doubled by the insistent encores of the audience. Miss Mildred Langworthy was the soprano soloist and Ross Dale the tenor. Both pleased and were compelled to respond to encores.

The feature numbers by the band were a fantasie from Wagner's "Lohengrin," the overture from Offenbach's "Orpheus," and exquisite number beautifully rendered; a euphonium solo, "Evening Star" from "Tannhauser"' Nevin's dainty "Narcissus." The closing number was called the "Congress of Nations" and comprised the national airs of various countries. To give a spectacular touch, members of Battery B entered, one at a time, with the flag of the country as the band played the national air, closing with "The Star Spangled Banner" and Old Glory brought a storm of applause.

Yesterday's concert demonstrated that Kansas City has a large class of music lovers who do not require the stimulus of a great name to induce them to turn out. The classic selections on yesterday's programme were equally enjoyed with the lighter numbers. Director Berry had the courage to omit "ragtime" save in one single instance, and no one, apparently, felt very badly over it.

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February 7, 1910

A WALKING HABERDASHERY.

Overdressed Man Imagines He's
Hunted Magnate.

Robert C. Kainz, a young man who says he is an Englishman recently imported to this country, went to police headquarters about 3 o'clock Sunday morning and demanded to know why he had been locked out of jail. The desk sergeant apologized for the oversight and sent him to the holdover.

When searched Kainz was found to be a walking haberdashery, with everything from a clean collar to an extra suit of clothes on his person. Aside from the assortment of dry goods and men's furnishings were:

One ruby ring, three boxes of Egyptian cigarettes, several cigar lighters, a half dozen packages of chewing gum, two pairs of new horsehide gloves and several neckties.

Kainz wore two overcoats, two complete suits of clothes, a jersey sweater and two vests, besides two shirts and some under garments. His feet were protected by three pair of hose, each a different color, and two silk mufflers were wrapped around his neck.

Investigation revealed that he had been living at the Salvation Army hotel on Fifth street. For a time he is said to have imagined that he was the president of a great insurance company, who feared that the United States government might prosecute him for selling bad "policies." He had a quantity of sample insurance policies and a rate book in his pocket.

Kainz was turned over to Colonel J. C. Greenman yesterday and his mental condition will be looked into.

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February 7, 1910

RICE SHOWER AT DEPOT.

Wedding Party Speeds Mr. and Mrs.
Crossert to New Home.

A wedding party took possession of the Union depot last night, showering the bride and groom with rice and covering them with confusion as well, much to the enjoyment of belated travelers. The bride was formerly Miss Eva Maddeford of Burlingame, Kas., and the groom Daniel Crossert of Osage City, Kas. The wedding ceremony was performed by Probate Judge Van B. Prather at his home in Kansas City, Kas. Mr. and Mrs. Crossert departed on the 10:30 Santa Fe for Osage City, where they will make their home.

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February 6, 1910

CLAIMS HE IS THE
SON OF COL. SWOPE

West Virginian Writes Pros-
ecuting Attorney for Par-
ticulars of Death.

JUST ASKS FOR FACTS.

Friends of the Late Capitalist
Declare the Relationship
Impossible.

Martinsburg, W. Va., Feb. 2, 1910.
Mr. Virgil Conkling, Kansas City, Mo.
Dear Sir -- I wish you would give me the particulars surrounding my father, "Thomas H. Swope's," death. by doing so you will greatly oblige. Very truly yours, ELMER SWOPE. Care Box 630, Martinsburg, W. Va.

Should the writer of this letter, received by Prosecuting Attorney Virgil Conkling yesterday morning, be able to prove that he is the son of the late Thomas H. Swope, further complications will be added to this already involved case.

The letter was written on a peculiar sort of ruled paper, in an excellent hand, and indicated that the writer had received a fairly good education. It was addressed to Mr. Conkling as the prosecuting attorney, and will be answered in the ordinary course of office business on Monday.

NOT THE USUAL KIND.

"I was greatly surprised by the receipt of the letter," said Mr. Conkling. "The writer is not illiterate, and the manner in which the request is made indicates that he believes that possibly he is the son of the late Colonel Swope.

"The letter differs from the ordinary run of those from lost heirs, in that the writer makes a single simple statement and asks for information . The usual letters breathe strongly of the relationship which they declare existed at one time or another, and of troubles in families, discarded wives, and all the rest of the gamut of human emotion.

SWOPE FRIENDS DENY IT.

"The writer of this letter apparently means business. I know nothing whatever as to his claims that he is a son of Colonel Swope, as we all believe that Colonel Swope never married. It is not beyond the realm of possibility that the man is a son, but of course it is extremely improbable that he is. I will reply to this letter Monday and give the writer such information as I have on hand."

The receipt of the letter created a flurry among the friends of the late Colonel Swope when the fact became known. They denied the claim of the writer, and declared that he perhaps was of that name but that he could not possibly be a son of the late Colonel Swope.

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February 6, 1910

OLD PIER STONES UTILIZED.

Taken From Old Bridge for Big
Building Foundation.

When the work of cutting down the piers of the old Winner bridge in the Missouri river to make them conform in height to the bridge the Armour Swift interests intend to build on the piers began there was some curiosity expressed as to what use was to be made of the mammoth stone slabs discarded. The question is being answered. They are to form the foundation for a big building that is to be erected at the northeast corner of Eighteenth and Holmes streets. Portions of the stone have been set already in the excavation of the building, and the remainder is being delivered. One stone is about all a team of horses can draw at one time.

The concrete approaches for the bridge are about finished, and the first delivery of steel is looked for some day this week.

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February 6, 1910

INVASION FROM KANSAS.

Boys Rush by Collector on Viaduct
but Police Intercepted Them.

Lieutenant Kennedy of station No. 2 and his flying squad, consisting of Officers Scanlon and Hogan, repelled an invasion from Kansas City, Kas., by way of the Intercity viaduct about 9:30 o'clock last night. A report was received at the station that over 100 men had rushed past the toll collector of the Kansas end of the viaduct without stopping to pay the customary toll and the flying squad was sent to the Missouri end of the structure to intercept the invaders. Although greatly outnumbered the Kennedy forces allowed only four or five of their adversaries to negotiate a getaway into Missouri without payment of toll . The crowd was made up entirely of boys bent on a charivari.

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February 6, 1910

HANDSOME STUDIO OPENS.

Henry Moore, Winner of Many Med-
als From Photographer's Asso-
ciations, Is Proprietor.

The well appointed photo studio at 214 East Eleventh street, opened recently by Henry Moore, twenty years a photographer and formerly with the K. C. Photo Supply Co. and a winner of many medals from the Photographer's Association, has many features of advantage in addition to the departments adapted to carry on a large volume of business. A new feature is the dressing rooms, a red room for the ladies and a green room for the gentlemen. The studio is beautifully furnished, and prominently located. Mr. Moore issued initial invitations for free sittings to visitors.

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February 6, 1910

"DEAD TO WORLD" IN CAR.

Official Hears First Word Over
'Phone and Sends Coroner.

When Arthur Haskell, motorman on the Wyandotte line in Kansas City, Kas., arrived at Riverview station shortly after midnight this morning he ran his car in on the spur and headed for the nearest telephone office. Calling up the car barn of the Elevated line he notified the man in charge that his conductor was "dead to the world," and requested information as to what to do. The man at the car barn acted immediately.

In a few moments Coroner J. A. Davis was informed that a street car conductor was lying dead in his car at Riverview station. The coroner made a record run to the scene and arrived about the time Daniels & Comfort's dead wagon came rattling up. They found the conductor in the car. He was unable to continue his run, but did not need the coroner nor wagon. He was take to the L barn.

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February 5, 1910

BLIND WOMAN WAITED
AT DEPOT IN VAIN.

Hostess Detained by Accident -- Mrs.
Aldrich Writes Literature
for the Blind.

Mrs. Clara Aldrich, totally blind and a stranger in Kansas City, arrived at the Union depot last night from Joliet, Ill. She was expecting friends to meet her at the station, but was disappointed. She told Mrs. Ollie Everingham, matron at the depot, that Mrs. O. P. Blatchley of 220 South Ash street, in Kansas City, Kas., had promised to meet her. The matron called the Blatchley home over the telephone and found that Mrs. Blatchley had fallen on the ice near her home yesterday morning and received injuries which confined her to bed. The matron sent Mrs. Aldrich to the Young Women's Christian Association boarding house for the night.

Dr. O. P. Blatchley said last night that his wife's parents were friends of the parents of Mrs. Aldrich, and that she had arranged to locate her in Kansas City, Kas. Dr. Blatchley said that Mrs. Aldrich for many years has been engaged in writing religious literature for students in the blind schools over the country.

Mrs. Blatchley suffered a dislocated left shoulder and a ruptured artery over her left eye in her fall yesterday.

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February 5, 1910

BLANKETS FOR THE BABIES.

Generous Response to the Appeal for
the Mercy Hospital.

As the result of an announcement in the Journal that babies at Mercy hospital were sadly in need of blankets to keep them warm these cold nights, blankets for the babies were contributed yesterday by the following generous hearted women:

Miss Inez Wagner, 3127 Woodland avenue.
Ruth Beall Smith, 3915 Walnut street.
Mrs. John H. Leidigh, $6 in cash in lieu of blankets.
Mrs. Dreyfoos, 2101 Wabash avenue.
Miss Isidore Westheimer.
Miss Edna Stone.
Mrs. Rose A. Price, 4032 Warwick boulevard.
The Doress Circle, Independence Avenue Methodist Episcopal Church.

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February 5, 1910

"BOYS" FIND HOME FOR
PENDERGAST IN FIRST.

Ward Workers Jubilant Over Prac-
tical Certainty That the Alder-
man Will Run Again.

Alderman James Pendergast, 1100 Summit street, temporary abode only.

There is joy in the first ward. The boys have found a home for their patron and political saint, Alderman James Pendergast. After a long and wearisome chase the house hunters yesterday temporarily leased the unpretentious but comfortable dwelling at 1100 Summit street. It is located right in the heart of the First ward,and in a few days the alderman who for eighteen consecutive years has represented the ward in the lower house and gotten city jobs for thousands of the boys will be formally installed in his new domicile.

"Means you are going to be candidate for alderman again?" was suggested to the nestor of Democratic politics.

"Well, I told the boys that if they would find a home for me in the ward I might consider representing them again. Consider, mind you," replied Mr. Pendergast, "since my wife died, four years ago, I've been sort of a Gypsy, dividing my domicile between my farms in Kansas and Missouri and the home of my sister on Prospect avenue. I'm getting tired of calling home wherever I hang my hat.

"I want a place I can really call home, and the boys are going to install me in one in a few days. The boys would go to the end of the earth for me, and I suppose it us up to me to reciprocate."

"Hurrah! Jim is going to run for alderman again," gleefully shouted one of the boys.

"Qualify that with the word 'consider,' " interrupted the alderman.

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February 5, 1910

RARE MINERALS A
GIFT TO MUSEUM.

Famous Bruner Collection to
Be Exhibited in Pub-
lic Library.

The Kansas City board of education has come into possession of the Bruner collection of minerals, said to be worth about $35,000. The collection, sacrificed by W. A. Rule for $5,000, is the gift of Colonel Daniel B. Dyer of Atlanta, Ga., through his attorney, Colonel L. H. Waters of Kansas City.

The collection, to be placed in the museum in the public library, was on exhibition in Kansas City for many years. It was a valuable asset, and when its owner, R. E. Bruner, needed money it is said he readily secured nearly $20,000 for it. The collection finally became the property of W. A. Rule and was placed on the market at the low price of $5,000 by him, with the condition attached that the purchaser who took advantage of his liberality and money sacrifice should present the exhibit to the board of education. This Colonel Dyer has done, and the board of education formally accepted the gift.

GAVE MUSEUM NUCLEUS.

Colonel Dyer of Georgia has been identified with the museum at the public library since its inception. In 1904, as a nucleus for a museum, he gave Kansas City a rare collection of Indian, Mexican and Oriental curios, second, doubtless, to none in the world. The sole consideration imposed by Colonel Dyer was that the museum he was founding should bear his name. Since then he has made valuable additions to the museum. About a month ago his attention was called to the collection of minerals and geological specimens in the possession of Mr. Rule. Colonel Dyer at once commissioned his attorney, Colonel Waters, to negotiate for the collection.

The collection was formally presented to the board of education Thursday evening. Mineralogists of national reputation, who have seen the Bruner collection, say the specimens are like rare postage stamps, in that they exist only in collections which are not for sale.

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February 5, 1910

SQUATTERS STAY IN JUNGLE.

Attempt to Oust From Bottoms Re-
sults in Non-Suit.

A patch of jungle 400 feet long by 300 feet deep, near the Star elevator in the East Bottoms, was a matter of dispute between a whole colony of squatters and the Kansas City Southern Railway Company in Judge Thomas's division of the circuit court yesterday. While many settlers of the place were involved, only one, Lewis Warner, was named in the petition. Warner had lived in his lean-to close to the Missouri river bank and on the alleged right-of-way of the railroad for many years.

In answer to the demand of the railroad that he move his effects to other shores, Warner stuck the closer to his home in the tall reeds and willows. He was of the staying kind, and then there were others just as deep in the mud as he was in the mire. He put it up to the road to move the entire colony.

But even the patience of a corporation can become exhausted. Cyrus Crane, lawyer for the Southern, served notice on Warner that he must move or stand trial, and then brought suit to oust him.

When the case was called Warner was there with his witnesses. The latter were mostly neighbors of the defendant and denizens of the tract claimed by the railroad. In the court room yesterday they answered to the names of "Dump Bill," "Silver Bill," "Sleepy Sue," Louis Lombardo and Mrs. Louisa Sarah Koffman.

Lombardo is the janitor at the city hall. He was one of the first witnesses for the company.

"I was once in the vicinity of the patch of ground where Warner lives," said he. "There I saw an old negro man come out of the willows with a basket of vegetables on his arm. I looked at where he came from and saw nothing but bullrushes and willows.

" 'Where did you get those vegetables?' I said to him, and he answered that he got them back in the bushes. I followed the trail he was on and came upon one, two, three houses with truck patches. I felt like Christopher Columbus."

"Did the Kansas City Southern get you your job at the city hall?" was asked of Lombardo by Attorney Crane in direct examination.

"No, I got it by making a speech on a beer keg for the Democratic party," the witness promptly replied, while the whole court room laughed.

Some of the older witnesses said they had been living at their present location since 1890. One of these was Mrs. Koffman, who described the flora of the acreted land in this way:

"It is covered with trees except where there is bushes and willows and that's about all over the place.

"How large are the trees?" was asked.

"Oh, of different sizes. Some of them are as large as a gallon pail, and others no bigger than a pint measure. I don't know how you can't describe them because there are some littler and some bigger than others."

Attorney Crane entered an involuntary non-suit in the case and it was dismissed.

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February 4, 1910

BABY'S CRY SAVED FATHER.

"Don't Send My Papa to Jail" Caused
Judge to Reverse Himself.

The kiss of his 4-year-old daughter, Ethel, yesterday saved Clarence Chronic from serving six months in the county jail for stealing chickens, a crime of which he had been found guilty in the criminal court. Judge Ralph S. Latshaw had passed sentence upon him and was putting on his coat and hat to leave the room. The little girl left her mother's side on her own impulse and threw both arms about her father's legs.

"Don't send him away," she pleaded, leveling a pair of innocent blue eyes at the judge. "Papa is my best friend."

The judge hesitated, scowled and was promptly won over. "A man who is loved by his family," he said after announcing his parole, "has his good traits."

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February 4, 1910

PATRONYMICS OF THE GREAT.

Sly Attempt of Wrongdoers to En-
list Official Sympathy.

"Did it ever occur to you," asked Inspector Edward P. Boyle last night, "how many men when arrested will take the name of the chief of police, the police judge or some other official with whom they have to come in contact? They hope to gain sympathy by that ruse. We got a man yesterday for horse stealing, and, by gosh, he gave the name of Edward P. Boyle, my full name. He is in the county jail now under my name, but when we looked him up in the National Bureau of Identification, we find that he has a goodly supply of names."

"Boyle" was arrested by L. C. Barber, a motorcycle policeman, on complaint of of the Kirby Transfer Company, Missouri and Grand avenues. It appears that he rented a horse and wagon from Kirby to do a huckster business and disposed of the rig.

"Boyle's" picture is in the book sent out by the National Bureau of Identification at Washington. He appears there under the name of James J. O'Neil, which, bu the way, is the name of a former chief of police of Chicago. He also bears the names of Edward Riley and Edward Connors, the last being believed by the police to be his. He has done time in the Rochester, N. Y., Industrial school, the Elmira, N. Y., reformatory, and two years in the Auburn, N. Y., penitentiary. He was five years in Elmira. The man of many "police" names also has done short terms elsewhere.

When Hugh C. Brady was police judge there hardly was a week that some bum did not give the name of "Hugh Brady, sir, yer honor."

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February 4, 1910

NORWEGIANS TO TEXAS
PANHANDLE.

Party of Thirty-Five Who Will Try
Dry Farming There.

Armed with a combination of horns and cowbells, a crowd of thirty-five Norwegians passed through the Union depot last night en route to Hansford, in the Texas Panhandle. They are going to a Norwegian settlement there to farm. The settlers are all of the well-to-do class of farmers. They have purchased from 160 to 640 acres of land and are equipped with machinery and stock. churches and schools have been established and the move will be more in the nature of a transplanting operation.

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February 4, 1910

NEW VAUDEVILLE HOME.

Hippodrome Will Have Theater Large
Enough for Traveling Shows.

Extensive improvements will be made at the Hippodrome, beginning next Monday, and to be completed in ten days. The picture theater in the southwest corner of the building and the Vienna garden immediately south will be thrown into one theater, with a stage as large as any in the city, with possibly one or two exceptions. The theater will seat 1,200 people and will be the permanent home of traveling attractions, such as big vaudeville shows, Yiddish companies and theatrical attractions of all kinds. The marked success of the recent Yiddish productions was a demand for a regular theater in that part of the city, as Twelfth and Charlotte is in the center of a populous neighborhood and is ten blocks from the downtown theater district.

The Hippodrome theater will be ready within ten days.

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February 3, 1910

TO CELEBRATE THE NEW YEAR.

Kansas City's Chinese Colony Be-
ginning to Make Arrangements.
Happy Chinese New Year

"Vely fine happee New Year" will be the common greeting in the Chinese world next Wednesday which marks the beginning of another twelve months for the Mongolian race. The Kansas City colony, the seat of which is West Sixth street, is already making elaborate preparations for the annual festivities. The Moys, the Sings, the Chins, the Lees, the Wahs, the Lungs and all the rest of the representatives of the various provinces of China are combining their efforts to make themselves conspicuous, despite the fact that there are comparatively few Chinamen here.

Spaghetti, Irish stew and bean chili must all sink into the caverns of oblivion as toothsome dishes for a day at least and good, old chop suey, with noodles on the side, together with gloutchew, Oriental prunes and other equally palatable things from the Celestial standpoint, will be in evidence. A large shipment of Chinese fruits, vegetables and wines arrived Monday and is held in readiness for the celebration.

"We feel much glad on New Year," said Kwong Sang, a tea merchant at 113 West Sixth street yesterday afternoon. "We can't have so much big time here as in New York and San Francisco, because there's not enough Chinamen. All same we have much feast and music."

Kwong Sang has commenced to hang decorations in his store and his wife was busy all day yesterday arranging the rear of the room for a banquet table. They expect to entertain a number of their countrymen. The little Sang children have caught the spirit of the occasion and are already crying for goodies they can have only on New Year.

Shung Fung Lung, a dealer in fancy Chinese goods at 123 West Sixth street, has also sent out invitations to several of his out-of-town friends and will assume the role of host in a brand new silk suit just received from China.

"We like the fireworks on New Year," he said yesterday, "but no allow it here. Much sorry."

The warring Tongs, the Hop Sings and the On Loongs, of which there are a few of each here, have apparently patched up their differences sufficiently to permit speaking terms of one day, if no longer. The Yongs, most of whom are laundrymen, are showing a disposition to be clannish and are said to be planning some exclusive parties on East Twelfth street, but their doings will not worry the wealthier merchants and importers of the North End. There is no likelihood of any serious quarrels and it is safe to bet that the local Orientals enjoy a peaceful advent of their New Year.

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February 3, 1910

ASKS AID FOR PARISIANS.

French Consular Agent Wants Com-
mittee Appointed to Raise Funds.

The co-operation of Mayor Crittenden was asked yesterday by Emile S. Brus, French consular agent in Kansas City, in the appointment of a committee to solicit funds for the relief of the people of Paris who are in dire distress on account of the overflow of the Seine. The mayor expressed full accord with the proposed movement, and will have another interview this morning with W. T. Bland, president of the Commercial Club, and Mr. Brus, to outline a course of action.

Mr. Brus stated that Baron H. De St. Laurent, the consul in Chicago, had urged the taking of subscriptions in Kansas City.

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February 3, 1910

KANSAS RABBIT HAIR YARN.

Angora Breed Thrives There and
New Industry May Result.

"Kansas may soon furnish the hair for the very fine Angora rabbit yarn which is now imported from France," said H. Lee Mallory, a manufacturer of New York city, at the Hotel Baltimore last night. Mr. Mallory and his wife are on their way to the coast.

"The finest yarns at present are those of the Angora rabbits. These yarns are woven into the very expensive jersey, or sweater coats, and other articles of apparel. It is a silky yarn, much softer than any other, and very warm. Next to the Angora rabbit comes the llama of South America, the India cashmere and the Angora goat. A few years ago a Kansan happened to be in France at the same time I was, and he took home some of their Angora rabbits. They thrived in Kansas, and the hair he sent me last year was fully equal to the imported hair.

"The automobile is responsible for the popularity of the sweater or jersey coats and costumes," continued Mr. Mallory. "The manufacturers are now turning out complete suits, consisting of helmet caps, or hoods, coats, mittens and slippers. Slumber robes have also been added to the list of articles for the benefit of those who wish to sleep in the open. Dressed in these garments, a person could almost brave a trip to the North pole.

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February 3, 1910

SUDS MAKERS ON CARPET.

Police Board Investigates Heim De-
liveries in East Bottoms.

The Heim Brewing Company was called on yesterday to explain the presence of twenty-five cases of its beer in the house of a Belgian in the East Bottoms near the Milwaukee bridge. This with a large quantity of whisky and wine was found there Sunday, January 23, by police from No. 8 station. They were disguised as railroad men and reported that they had no trouble in getting whatever they wanted, the Belgian's wife waiting on them as bar maid.

"It is not unusual," said a driver for the brewery who delivers in that district, "for five or six cases of beer to be left at one Belgian home on Saturday, especially where they keep boarders. One Belgian will easily consume a whole case over Sunday. All sales are cash and many times one person will buy several cases saying they are for different parties who left the money with him because he lived near the road."

An agent for the brewery explained that if the sales had been made in any other part of the city but the East Bottoms it would have caused suspicion and an investigation.

"But who would suspect a bootlegging joint down among the Belgians?" he said. "We never thought of such a thing and therefore the sales caused no remark."

"But the driver who sold the beer is still in your employ, I see," insisted Commissioner Thomas R. Marks. "Does that show good faith with this board?"

"We do not think the driver is to blame," said the agent. "It was an everyday occurrence. And how is the company to blame?"

"Well," said Mr. Marks, "we have no right to try the driver. This board now is holding up two of the Heim licenses on account of sales made to the Buffalo Club, a lid-lifting organization, and I think when it holds up about three more next July you will keep an eye on where your beer goes when delivered to other than saloons."

Judge R. B. Middlebrook made no remark other than to say that the case would be taken under advisement and decided later.

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February 3, 1910

FIRST COFFEE FROM MEXICO.

Received at Customs House; Ameri-
cans Establish Plantations.

G. W. Clarke, surveyor of customs at the port of Kansas City, issued his monthly statement yesterday showing a gain of 58.5 per cent in the receipts of his office in customs duties over the month of January, 1909. In January of last year the receipts amounted to $48,541.39, while for the month just past they amounted to $77,367.12, a difference of $28,825.73. Every month this office has shown a gain over the like month of the year before.

"We received our first shipment of coffee from Mexico today," said Mr. Clarke. "The shipment reached nearly 50,000 pounds. It was unusual, as heretofore most of our coffee has been imported from Brazil. Americans have bought vast tracts in Mexico, however, and have begun raising coffee there."

There are no import duties on coffee and tea, but they have to pass through the custom house just the same. A separate report is kept of the free and dutiable imports. Coffee and tea is examined by experts to see that it is good. All tea shipped here is opened and samples sent to Chicago to be tested. Not long ago an entire wagon load was ordered dumped into the river as unfit for use. There is no such chance to cheat in shipments of coffee as there is in tea, but the government tries to protect the consumer by ordering both examined by men who know the goods.

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February 2, 1910

BOY AFRAID OF AUTOS
KILLED BY BIG CAR.

Frank Smoot, 15, Crushed Under
Overturned Delivery Van --
Had Premonition of
Disaster.
Frank Smoot, Who Was Killed Under a Delivery Van.
FRANK SMOOT.

Frank Smoot, 15 years old, delivery boy for the John Taylor Dry Goods Company, was instantly killed at 7:20 o'clock last night when a new twenty-four horsepower delivery wagon in which he was riding struck a pile of bricks on Baltimore avenue between Thirty-eighth and Thirty-ninth streets and turned over, crushing him.

Frank Limpus, who was driving, works for the company which sold the car and was teaching a man to drive it.

They were just finished making deliveries and were returning when the accident happened. Limpus and J. J. Emmert, who had charge of the deliveries, were on the seat and young Smoot was seated on Emmert's lap.

"We were going north on Baltimore about six or seven miles an hour," said Limpus. "It was rather dark and we did not see the pile of bricks until we were almost upon them. I tried to pull away from them, but did not have time and our right front wheel hit with a crash. The bricks were piled about seven feet high and when the car, which weighs about 3,500 pounds, struck them the corner of the pile was torn away. The force of the collision did not stop us and the wheels on the right side ran up onto the pile until the car was overbalanced and turned over. The three of us were thrown out, young Smoot falling beneath the heavy car, the weight of which crushed his life out, almost instantly.

"It all happened so quickly that we did not realize he was hurt until Emmert and I had picked ourselves up. I saw that the boy was caught under the car and tried to remove him, but was not able to lift the car off him. A crowd of people came up and several men helped me lift the car and we pulled him out."

Dr. Harry Czarlinsky, deputy coroner, had the body removed to the Freeman & Marshall undertaking rooms.

The victim of the accident was the only son of Mr. and Mrs. Thomas J. Smoot, 19 East Thirty-first street. Mrs. Smoot was at home preparing supper for her son when she was informed of his death.

"I knew something would happen," she said. "He did not want to go to work this morning. He is not used to automobiles and does not like to be around them. Just before he left for work he said to me, "Mamma, I expect John Taylor's will be getting air ships before long and deliver the packages with a long rope down the chimneys."

Mr. Taylor was notified of the accident and called at the undertaking rooms last night.

The dead boy had had been working for the dry goods company for the past year. He was born in Chicago, but was brought to Kansas City when he was six months old. The father of the boy runs a dress goods sample room at 406 East Eleventh street. Besides the parents, two little sisters, Addie and Edna, survive.

No one responsible for the bricks being piled in the street could be located last night, but several persons who live in the immediate neighborhood of the accident assert that no warning lights were placed.

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February 2, 1910

SIGNORA TO JOIN ISNARDI?

She Is Happy at Sumptuous Dinner
on Eve of Departure.

Since Peter Isnardi left "Little Italy" three weeks ago, the residents of that section have employed their time chiefly in simmering down their financial losses so as to present them to the county attorney and wondering where the delinquent consular agent went when he left here. Opinion seems to be almost equally divided, some holding that he committed suicide by throwing himself into the Missouri river, and others that he dropped inconspicuously across the line into Mexico where the law would protect him from any embezzlement charge preferred by his enemies.

Those inclined to the latter theory felt themselves vindicated yesterday when it was learned that Signora Marguerite Isnardi also was preparing to leave the city and refused to tell anybody where she was bound.

Before the consular agent left he borrowed heavily from his friend and among those who lost in this manner was Antonio Sansone, living close to the consulate at 653 Cherry street. In part payment of what Isnardi owed Sansone, the signora yesterday turned over to him all her furniture. With her grips and trunk packed she then repaired to a restaurant and had a sumptuous dinner in which it is said wine figured. Several of her friends were present. She was happy.

"Where are you going?" someone asked the signora.

"I am going away; who knows where?" she answered with a characteristic shrug. "Perhaps I will be back soon, perhaps not."

The conversation lagged after that vague bit of information for the simple reason that one party to it could not speak very many English words.

"I am convinced that Signora Isnardi is going to join her husband," said J. P. Deo, editor of the Osservatore, an Italian newspaper at 210 East Fifth street. "Of course, we don't blame her for that, but we are naturally curious as to her destination and she certainly won't tell.

"Since Isnardi left here so suddenly people have been coming to light every day who have lost all the way from $10 to $1,000. The amount of money loaned or entrusted to the care of the man really is enormous when you come to think about it all coming from poor folks.

"A reward of $300 will be offered by the Italians for information leading to the location of Isnardi. First, however, I want to look into the law governing his case. I may also write an open letter to Guido Sabetta, the consul to Chicago."

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February 2, 1910

WILL REBUILD AT ONCE.

First Christian Science Church Di-
rectors Authorized to Proceed.

The First Church of Christ, Scientist, Ninth street and Forest avenue, which was burned last Saturday night, is to be rebuilt at once. It is to be an absolutely fireproof structure, and will cost approximately $75,000. Of this amount $10,000 was contributed Sunday night and the board of directors were authorized to start the construction at once. Plans are being prepared by Edwards & Cumberson, architects.

"There will be no trouble whatever in raising the $75,000," said J. K. Stickney, president of the board of directors last night. "There is plenty of money in the congregation and all are willing to do their share.

"The congregation subscribed $42,000 in 1905 and 1906 toward the extension of the mother church in Boston, so there will be no trouble in raising all the funds we need for our own church. We expect to have the new structure completed and ready for occupancy by the first of September. In the meantime we have secured a place for our regular services. On next Sunday the afternoon services and Sunday school will be held in the Second Church of Christ, Scientist, Thirty-second street and Troost avenue, at 3 o'clock. Evening services will be held at 8 o'clock. After next Sunday services will be held at the same hours in the Jewish synagogue, Linwood boulevard and Flora avenue. Wednesday evening services will be held in the synagogue at 8 o'clock."

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February 2, 1910

NEGRO ORATOR PRESIDENT.

Down Town Kyle-for-Mayor Club Is
Return for Advice Given.

C. H. Calloway, one of the best known negro orators in Republican ranks, has become president of a Kyle-for-Mayor club with headquarters at 815 McGee street. Dr. E. C. Bunch is secretary of the club.

The negroes reside in various wards, but opened a down-town workshop patterned after "Shootin' Gallery" Bill Green's work for Darius A. Brown in the Eighth ward, where the white Republicans have a down-town office, a permanent headquarters and an auditorium for blow-outs in the Spiritualistic church farther east in the ward.

The negroes formed a club to work for Judge Kyle in return for advice he has given them that the way to elevate their race is by patronizing negro businesses and professional men.

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January 2, 1910

NEWS FROM TOPEKA.

Kansas Kisses Come High;
Child Burned to a Crisp.

TOPEKA, Feb. 1. -- The price for kissing a married woman against her will is $25. That is the amount fixed by Judge Urmy of the Topeka police court. He fined William Maloney $25 for kissing Mrs. Emma Hatfield, a neighbor. The complaint was sworn out by Mrs. Hatfield's husband. The judge said he would fix no price on kissing single women until he saw the women.

Also in Topeka, Ethel Shoveler, aged 5, was burned to a crisp when she tried to light a gasoline stove and her clothing caught fire.

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February 1, 1910

POISON WAS FOUND,
DECLARE CHEMISTS.

COLONEL SWOPE'S DEATH AS-
CRIBED TO STRYCHNINE, PROB-
ABLY GIVEN IN DRUGS.

DR. B. CLARK HYDE SUES.

Asks Damages Aggregating
$700,000 for Statements
Regarding Deaths.

DR. B. CLARK HYDE,
Physician Who Sues for $700,000 for Statements Growing out of the Swope Poison Cases.

CHICAGO, Jan. 31. -- Colonel Thomas H. Swope of Kansas City died from the effects of poison, according to the findings of Dr. Ludwig Hektoen and Dr. Walter S. Haines, announced in Chicago this afternoon.

It was formally declared by the doctors that Colonel Swope died from the effects of strychnine poisoning.

The report of the experts does not include the result of the analysis of the contents of the stomach of Chrisman Swope, nephew of Colonel Swope, who died soon after the demise of his uncle, under similar circumstances.

ATTORNEYS HEAR REPORT.

The investigation of the mysterious deaths of the late Colonel Swope and his nephew was shifted to Chicago today. For several weeks the internal organs of the bodies have been here in the laboratories of Dr. Hektoen and Dr. Haines, toxicologists. Today Attorney John G. Paxton, administrator of the Swope estate, Attorney James A. Reed, his associate, Virgil Conkling, prosecuting attorney at Kansas City; Dr. B. H. Zwart, coroner there, and Thomas H. Swope, nephew of the dead millionaire, came to receive the report of the experts as to whether or not poison had been found in sufficient quantities to cause death.

PAXTON'S TERSE ANSWER.

The visitors arrived on a Santa Fe train at 7:28 a. m., and went at once to the Hotel La Salle, where a room was engaged. Later a conference was held at the University Club, at which the findings were revealed.

Attention of Attorney Paxton was called to the fact that suits for $100,000 had been instituted against him for slander in connection with his share of the investigation.

"I have nothing to say about this suit except that I feel somewhat flattered," said Mr. Paxton. "I have received the news by wire that Dr. Hyde has sued myself and Drs. Hall and Stewart in suits aggregating $700,000 because of slander in connection with the Swope case. I have nothing further to say.

Mr. Paxton would make no further comment beyond saying that the investigation was not fully concluded yest, and would say nothing of the investigation of Chrisman Swope's death. It was said that strychnine had been found in the stomachs and livers of both men.

Coroner Zwart returned to Kansas City tonight, but Mr. Paxton, Mr. Reed and Attorney Conkling remained. They will leave Chicago tomorrow night, Mr. Paxton said. An inquest over the bodies of Colonel Swope and his nephew will probably be started next Monday. Any criminal warrants that will be issued will probably follow the inquest.

DR. HYDE SUES FOR DAMAGES.

Through Frank P. Walsh and John M. Cleary, attorneys, Dr. B. Clark Hyde filed suit yesterday in the circuit court at Independence demanding damages aggregating $700,000 from J. G. Paxton, executor of the Swope estate and the St. Louis Post-Dispatch. The petition declares that published interviews pointed to Dr. Hyde, son-in-law of the Swopes and their family physician, as the instigator of a plot to murder Swope heirs.

The damages are asked on three counts and newspaper men are named as witnesses to statements alleged to have been made by Mr. Paxton which the plaintiff declares destroyed his professional standing and were meant to oppress, impoverish and wholly ruin him. The first suit against Mr. Paxton charges slander and the amounts asked are $30,000 actual damages and a like amount for punitive damages. The complaint in the suit against the publishing company states that headlines in the Post-Dispatch over a purported Paxton interview said that the man who "planned to kill family with typhoid germs," which, the petition alleges meant Dr. Hyde, "who has been continually watched by five detectives and will not be allowed to escape punishment."

The petition is long, and is a narrative leading up to the final mention of the family doctor's name and alleged insinuations that he plotted to kill. Interviews with the county coroner, Dr. B. H. Zwart and Dr. Frank J. Hall, specialist in analytical work, are made a part of the contentions of the plaintiff. The damages asked in the first count total $200,000, and after this comes a similar charge on another published interview and another $200,000 is asked. The third is based on the publication of Dr. Hyde's picture, which the petition alleges clearly identified him as the "man," meant in all the interviews charging murder plots.

Dr. Hall and Dr. Edward L. Stewart are made defendants along with the newspaper. The plaintiff estimates the total wealth of all the defendants at $5,000,000.

Mrs. B. C. Hyde, formerly Frances Lee Swope, yesterday gave out a signed statement insisting that she was constantly at her husband's side, and knew his every movement.

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February 1, 1910

CAN DISTURB INDIAN GRAVES.

Lyda B. Conley, Kansas City, Kas.,
Woman, Loses Lawsuit.

WASHINGTON, Jan. 31. -- The fight of Lyda B. Conley, the Indian woman lawyer, to prevent the sale of the burial ground in Kansas City, Kas., where lie the bodies of her ancestors, came to an end adversely to her in the supreme court of the United States today.

The court affirmed the judgment of the lower courts that her bill to enjoin those who proposed to disturb the burial ground be dismissed.

The court ameliorated the decree by directing that the suit be dismissed without cost to Miss Conley. Miss Conley, who is one-sixteenth Wyandotte and a lawyer, claimed the burial ground of Huron cemetery in Kansas City, Kas., was reserved in perpetuity as a burial ground by a treaty in 1855 between the United States and the Indians.

Congress recently authorized the sale of the land and the removal of the bodies. Miss Conley objected to the removal of the bodies of her ancestors to the burial ground of a Methodist church. She asked for an injunction in the case, but the circuit court dismissed her petition for want of jurisdiction. She argued her own case before the supreme court.

"No court decision or legal technicality will avail in any manner to change my firm determination to prevent the desecration of the graves of my ancestors. I will resist even to the death, any attempt to remove the bodies from the old Indian burial ground and if by force of arms they succeed in killing me, my sisters will see to it that my dead body lies with my father and mother in the Huron cemetery."

This was the statement made last night to a representative of the Journal, by Miss Lyda Conley at her home, 1712 North Third street, Kansas City, Kas.

"The public burying place of the Wyandotte Indians, used by them for that purpose as early as 1814, was by the treaty between the United States and the Indians, in 1855, set aside to the Indians and their descendants as a perpetual burying ground. now by what right does the government claim ownership of this ground or the right to dispose of it? I am not a ward of the government but a citizen of the United States. I am not in rebellion as an Indian ward of the government, but am standing up for my rights as a citizen and as a descendant of the Wyandotte Indians."

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February 1, 1910

JIM CROW BILL BEATEN.

Two Democrats Vote With Repub-
licans and Kill It.

Two Democratic aldermen, W. C. Culbertson and Isaac Taylor, voted with the Republicans in the upper house of the council last night and defeated an ordinance providing for separate street car seats for negroes.

Mr. Culbertson's reasons for voting against the ordinance were that he feared it to be a trouble maker, and that it was not sufficiently explicit as to how the negroes were to be separated from the whites when the cars and platforms were crowded. Mr. Taylor gave a like reason.

Here is the vote:

For the ordinance -- Steele, Wirthman, Titsworth, O'Malley, Logan, Gregory; total, 6, all Democrats.

Against the ordinance -- Edwards, Havens, Tillhof, Bunker, Republicans; Taylor, Culbertson, Democrats; total, 6.

Absent -- Cronin, Democrat; Thompson, Republican.

Eight votes were necessary to carry the ordinance.

Before the session opened Alderman James Pendergast came over from the lower house and loudly proclaimed opposition to the ordinance. He said that it could not be enforced, that it would be declared unconstitutional and under his breath he told Democrats it would be a bad move politically.

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February 1, 1910

TO HURRY NEW THEATER.

Work on Empress Starts Today;
To Be Finished May 1.

"We will start the foundation of the Empress theater today," said Fred Lincoln of Chicago, representative of the Sullivan-Considine circuit, which is to erect a new play house at Twelfth and McGee streets. "We expect to put three gangs of men at work on the building, working in 8-hour shifts and will have it ready for occupancy by May 1. Lee DeCamp of Cincinnati, the architect, will be here today. The house will cost about $100,000."

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February 1, 1910

HOLIDAY LIBRARY HOURS.

Letter to Council Suggests Opening
Afternoons and Evenings.

An anonymous communication was read in the lower house of the council last night, asking that some one introduce an ordinance requiring the public library to pen from 2 to 10 o'clock p. m. on all holidays.

"Many men have no place to on on such days," said the letter, "and with the library closed they drift into the pool halls and saloons and come under evil influences. The library should be kept open part of the day for them."

The attaches of the library work from 9 o'clock a. m., to 10 p. m. every day and holidays are the only days they have for recreation. The letter was referred to the board of education, as that body controls the opening and closing hours of the library.

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