Newspaper Page Text
. ( vol. xxxvit, T>T?TPT?« Hfl l' <lt 1lV r nY carrier NUMBER 307 XlXlKjlli. U\J 'I'jll LFi PER MONTH NEW SYSTEM WILL BE A TIME SAVER, SAYS HUNTINGTON Baron Natalie of Paris with Mag nate to See Pay-as-You- Enter Cars Run Here MOT TO EXTEND CITY LINES Pasadena Cars Will Continue to Come Into City Over Main Street HENRY R. HUNTINGTON re turned to Los Angeles yesterday noon after a three months' visit In the east and at his old home ill i ii.eonta, N. Y. I Mr. Huntington Is himself authority for the statement that he has retired from active business. Therefore his trip east wasn't any more ii vacation trip than is his present visit in the west. Air. Huntington hart as his guest at dinner in the Jonathan club last night Baron Natalie of Tails, who is responsible for the fact that Los An geles soon will have "pay-us-you-enter street cars. . Th.' ban. was with Mr. Huntington Ilh New York when he saw for the first time a car of this description. He didn't like it, and lie said so. "You'll have to come to it. though, retorted the baron, ".mil I hope I'll be there i" see." . Mr. Huntington did '■com., to It," and the baron is here to see. The first of the pay-efts-you-onter cars will make Its appearance about the middle of next month. Tin' work of transforming tin. old cars has proved "somewhat (lower than had been .expected and It will be more tharra year before the new ears are' ready for the entire system. ■> TIME SAVERS "Practically all of the Now York lines are using the-.- ears," laid Mr. Huntington, "and though you wouldn t think so at first, they really are great time savers. Passengers can alight from either end, but can enter only at the rear end. The rear platform will be much larger than at present and the entry way will be divided by a rail, affording one passage for exit purposes and another for entrance. Thus there is no crowding and the car Moth takes on and discharges passengers at the same time, Perhaps that seems a small advantage, but It is not. it will shorten our running time in the bus iness district amazingly." -»: "Bo far as 1 know th»re will be no extensions of any of our lines. No man can afford to build a railroad with only a twenty-one year franchise, and that Is the longest franchise anyone can secure In Los Angeles under present charter restrictions. I know there has been talk about a subway, but trafflo Isn't heavy enough for that yet. "We are Increasing our track facili ties between here and Pasadena, but the cars will continue to come Into the station on Main street. There's no other way out of it. We'd like to build, but the city will not let us. "About all night carat You have them now, haven't you? No? Well, you see, I've retired and I didn't know. You'll have t.i see the general mana ger about that." Mr. Huntington expects to be here two or three months. Then he prob ably will go east again. REPUBLICANS SALAAM TO POO-BAHS OF PARTY With Curry, Ellery and Stanton in the city the Mm* day Republicans were kept busy until lute last night declar ing affiliations and renewing pledges made to one of the three. Curry arrived In Lot Angeles after a trip through the Ban Bernardino dis trict and the citrus belt. Ellery has been here for some. days and Stanton has been In and out of the city, A conference of Republican! last night was attended by Curry, who is credited with hoping to wean away miii of Stanton's adherents. Regarding the proposed conference to be held In Bos Angeles to decide which of the three shall oppose Johnson at the primaries, Curry did not appear en thusiastic. He claims he has sufficient support to* warrant him in proceeding with the campaign, irrespective of what the others do. RALLY TO FLAGS, 'BOYS'! OSLERIZATION LOSES OUT A bas Oslerizatlon. ; Restricting the ago of flagmen to 50 years is not considered necessary by the legislation committee and after carefully considering several recom mendations of the board of public util- itles the committee will recommend" to the council today that the city attorney be inducted to prepare an ordinance regulating street railways, but elim inating I the suggestion that an age limit of 50 years be fixed for flagmen. The recommendations that are to be embodied 111 an ordinance are that the street cars conform to the same speed regulations that other vehicles must follow, not exceeding twelve miles an hour in the congested district nor twenty miles in other parts of the city. Flagmen are to be required at sev eral stations and they must pass the game physical examination that other employes of the operative department are required to take, but no limit is placed on their ages. ■; ■ 7 PLAYWRIGHT'S FATHER DEAD ST. LOUIS, April 25.—Dr. Ellhu B. Thomas, 83 years old, father of Au gustus Thomas, the playwright, died here today. _^_^ . HERMANN IMPROVING ROSEBURG, Ore.,, April 25.—Binger Hermann's • condition tgdav showed some improvement. LOS ANGELES HERALD INDEX OF HERALD'S NEWS TODAY FORECAST For T,os Angeles and vicinity Fair Tues day; light, north wind, changing to south. Maximum temperature yesterday, 7*l de grees. Minimum 1 temperature, SI decrees. LOS ANGELES Doctor Anils hit $f»') Milt on ft pawnshop dummy and causes arrest of cleaner with whom he left Karrnents. PAGE I Hiiiiin Km holds annual housecleanlng; hun dreds bid blindly on trunks and pack- Nwes. PAOB I Twin brothers tnke out marriage licenses, but x<u>- says he is 33 and tho other gives his ago ag IS. , PAC IIS 8 Dert Farmer, census supervisor, plans dras tic action against those who refuse Infor mation to census enumerators. PAOE 3 Good man wanted tot superintendent; ap ply park commission. PAGE 8 Curry, Ellery and Stanton, all Republican aspirants for tho governorship, pass day in Los Angeles. page 1 Polio* commission dismisses Jailer Story, sends two prison keepers to suburbs and reprlmanels two officers for neglect of , wounded prisoner. PAGE 1 Woman Is sworn in as deputy district at torney. PAOB 1 Agnes M. Hendricks sues actress l«aura Bigger to collect Judgment of $60,679 for allantatlon of husband's affections. PAGE 1 Illinois eflocjaty 'wants big crowd at picnic; Buckcrs Invited to work bard, PAGE 8 Charges against member of highway com ■ton of mismanaging, public funds is (lied with board of supervisors, despite heated protest of Supervisor Eldrldge. t . , PAOB » Democrats of county sit up and take notice of bright prospects of victory. PAGE 9 Minister defends football In stirring speech. PAGE 9 Grand Jury to probe case of Gerald Mulr. PAGE 9 Chinese who "discovered" Santa BarLiini on San Francisco bay Is ordered deported. PAGE 9 Hoard of public works obeys council and .asks bide for removing rubbish. PAGE 3 Slayer of wife tries to cud his own life in Jail cell. PACK 1 Paik board lays plan toNllscharge a sus pended man from a Job thai doesn't exist. PAGE 8 Friends of dead nurse claim that Jewelry she had when ambulance took her to county hospital is missing. PAGE 3 News of waterfront. PAGE 7 Citrus fruit report. PAGE 7 Editorial, Letter Box. PAGE M Mania*?.* licenses, birth, deaths. PAGE M Clubs, music. PAGE 10 News of the courts. PAGE 8 Municipal alTalrs. PAGE 8 Markets and financial. ' PAGE 1] Mines and oil fields. PAGE 13 City brevities. PAGE 11 Some men, some women. PAGE 11 In hotel corridors. PAGE 11 Sports. PAOB 8 Automobiles. * PAGE) 7 Classified advertising. PAOE3 14-15 Theaters. PAGE I Society. PAGE 5 SOUTH CALIFORNIA Europe regards America as a nation of braggarts, declares Dr. Benjamin Ids Wheeler, .president of University of "Cali fornia. • .,'. PAOB » I Old Fellows will commemorate founding of order at Long Beach today. PAGE 14 Pasadena glrln energetic boosters for school bond Issue. PAGE 14 j San Bernardino voters decide to retain saloons. ' PAGE 1 Florist sues' clergyman for value of fruit tries; latter will bring counter action. PAGE 14 EASTERN Governor Hughes accept place on United Btates supremo court tench tendered by President Taft. I'Adi: 1 Margaret Swope testifies against Dr. B. .'. Hyde, accused of murdering Colonel ■trope, and battle of sister against sis ter begins. PAOB 1 Five convicts In Colorado penitentiary make break for freedom; two are shot dead, two wounded and guard injured. PAGE 1 Telegraph operator wounded at out-of-way station wires for aid and special tram rescues him. • PAGE 1 j Snow and sleet fall In middle west and southern states; freezing temperatures do lmmeiue damage; cotton crop ln southern states almost ruined. PAGE 2 < Secret service agents say o"eerffe Coleman, known as "Easy Mark from Cambridge," was victim of same men who robbed Wil liam F. Walker. PAGE 2 United States circuit court dismisses seven of fourteen counts In ono Indictment of F. Augustus Ilelnse. PAGE 2 j FOREIGN Only one of Germany's three aerial cruisers returns to Cologne; Zeppelin II Is wrecked at Wellburg. PAGE 3 Prominent aviators will compete in 35(1.0(10 English Derby. !j^2?_B CONVICTS SLAIN IN DASH FOR LIBERTY CANON CITY, Colo., April Two | convicts were killed and two others and a guard were wounded in a des perate attempt of prisoners to escape from the state penitentiary here to night. The dead are Harry Brophy and An drew Johnson. The wounded are John Bradley, W. J. Williams, Cell House Keeper Emery. When Emery threw open the lever of the cell house to admit the prison or chestra at 8:30 tonight Brophy, who had filed a key to his cell, Jumped into the corridor, drew a ; revolver he had concealed in his blankets and shot Emery in the leg, disabling him. Brophy then unlocked the cells of Johnson, Bradley, Williams and John Miller with his Improvised key. ' They then broke out one of the bars of a window that had been sawed nearly through and, using Emery's body as a shield, Brophy and Williams forced their way into the prison yard. They were seen and challenged by a guard on the walls. Brophy fired and the guard returned the fire, shooting Brophy through the head. Johnson at tempted to follow Williams and Brophy through the window and was shot and ! killed by another guard. Williams in the meantime had J reached the shelter of the walls and was lighting the fuse attached to five sticks of dynamite which he had placed against the wall when he was seen by Warden Tynan, who shot him in the leg. Warden Tynan and Guard Russell | then rushed to the cell house, .where they found Bradley hiding In an empty cell with a, bullet wound in the ab domen. Miller was found unhurt in the cell house and locked up. TUESDAY MORNING, APRIL 26, 1910. CHIEF EXECUTIVE OF EMPIRE STATE WILL ACCEPT JUSTICESHIP __> m fl. I «li_ 7__*" i _H t_ nil' __N__ eP_" CHARLES EVANS HUGHES GOV. HUGHES HOPS ON TO BIG BENCH Welcomes Chance to Become As sociate Justice of U. S. Supreme Court WASHINGTON, April 25.—President Taft late today received from Governor Charles E. Hughes of New York a let ter accepting a tendered appointment as an associate Justice of the supreme court of the United States. «, . .. [Five minutes after the letter was handed to the president the nomination of Governor Hughes was on Its way to the senate. That body had adjourned for tho day, however, when the papers reached the capltol, so the senate will not hear officially of the designation of Governor Hughes to succeed the late David J. Brewer until tomorrow.. While it is expected Governor Hughes will be confirmed with little or no de lay. It Is understood here ho will re main as the chief executive of New York until October and will not take Hi. oath of his new office until the fall term of court opens, the second Mon day in that month. That recent dis closures regarding corruption and graft in the New York legislature filled Gov ernor Hughes with disgust and indig nation made him welcome an oppor tunity to sever relations with Repub lican politicians In New York is ad mitted. There has been much speculation ever since it was flrst Intimated Governor Hughes would be tendered a place on tin supreme bench as to whether his appointment would take him out of the fall campaign In New York, where Re publican leaders say he is very sorely needed, President Taft would not discuss this phase of the case today. He has been anxious to secure the best man he could for • the supreme court vacancy, and he feels he has done so. He was much elated over Governor Hughes' ac ceptance and tonight said: "I am very much delighted to secure Governor Hugh* for the bench. He Is a man of wide experience and marked ability and It is a mighty val uable thing to have on the great bench of the supreme court a man of af fairs. Governor Hughes is 48 years old, I think, and even If he should retire at 70 he would have twenty-two years of solid usefulness on the bench." The news of the appointment and ac ceptance of Governor Hughes reached the Justices of the court Just as they were adjourning for the day. All were surprised and pleased. "I am delighted," said Chief Justice Fuller. "A line appointment," said Justice Harlan. , . V "I am delighted to hear it," declared Justice White. ... "Governor Hughes is a man of high character and great ability," was Jus tice McKenna's comment. Justice Lurton , smiled; no longer would he be the newest member of the court. Members of the New York congres sional delegation received with satis faction the news of the appointment. Speaker Cannon declined to comment on tho appointment, but Representa tive Champ Clark said: "It Is a good appointment. Gover nor Hughes is a strong man." GOV. HUGHES 0. K.? NO, SIR! EXCLAIMS WILLIAM J. BRYAN . LINCOLN, Neb., April Comment ing tonight on the appointment of Gov ernor Hughes of New York to the United States supreme court bench, W. J. Bryan declared that while Governor Hughes IS believed by many people to be a reformer, his record does not bear OUt this view. Bryan says tnat Governor Hughes vetoed the bill for the reduction of railroad fares in New York; that he is a close personal friend of Rockefeller; that trusts have contributed largely to his campaign expenses; that he be gan opposing the Income tax after Rockefeller had expressed his opposi tion to it and that he is friendly to large 'corporate interests. Summing up. Bryan says that while Hughes exempH fles the individual virtues and demands honesty in public service, be shows no Indignation at the larger forms of le galized robbery. CAN APPENDED TO JAILER STORY BY POLICE BOARD Turnkeys Who Gave No Care to Wounded Prisoners Made to Walk the Plank TWO KEEPERS ARE REDUCED Commission, Incensed, Severely Reprimands Cell Guards for Brutal Treatment TO the great astonishment of some of them members of tho police department learned last night that the prisoners they arrest and throw ln jail are human beings and should be treated as such. This new idea was flung out by Mayor Alex ander, and to Impress it on their mem ories Jailer C. K. Story was summarily dismissed from the police force. "It was for tho good of the service," said Commissioner Wellborn, and the offi cial added that he meant this in more ways than that Story had been neglect ful ln his duty toward one Mexican prisoner who needed medical attention and did not get it. As a further mark of its disapproval of tho way prisoners h^re been handled ln the Jail the commission ordered Jailer E. N. Sanders assigned to walk a beat and Jailer Albert Boaz to re port to the chief to be assigned to some other duty. Lieutenant Haupt and Sergeant Me- Clure were censured because they did not "butt In" and look out for the In jured prisoner at a time when the com mission thinks they should, and an other new Idea that the mayor pro nounced with much force was that officers should "butt in" when it Is their plain duty to do so. The trouble that brought about these changes ln the police department start ed when Antonio Madero, a Mexican, was arrested by Policeman J. B. Owens at Hollywood. The Mexican had been in a flght and Owens showed him ln his bloody condition to Lieu tenant Haupt and told the lieutenant the man needed medical attention. The lieutenant told him to report the mat ter to Sergeant MeClure. Owens did so and MeClure told him to report it to the Jailor. Both Story and Sanders were In the Jail at the time and both saw tne condition of the Mexican. It was evident medical attention was needed and It did not require that Owens tell them, although he did so. Story had the keys of the Jail and was considered the jailer on duty at the time. The rules require that the jailer must see 'that a prisoner has medical attention. The only defense Story made was that he did not hear Owens say anything about the matter and concluded the prisoner had Just come from the receiving hospital. SHE LIKES DYNAMITE, BUT OH, YOU LEG O' LAMB See What Happened to the Land lady and Her Hungry Boarders NEW YORK. April 25.—When Mrs. Elizabeth Jones, who keeps a boarding house at No. 1467 Broadway. Brooklyn, told her paying guests that there would be a leg of lamb with mint sauce for dinner Sunday they were pleased. It 'happens that Mrs. Jones' boarding house is one of those rare establish ments in which the boarders' tastes agree. The five boarders . said they could hardly wait for Sunday, to come, so anxious were they to partake of the lamb. Seated at the table with anticipatory smiles lighting up their visages the boarders saw the lamb carried ln Sun day night. It was flanked by new po tatoes, new asparagus and other suD sldlary dishes and it looked very tempt ingvery tempting, Indeed. Mrs. Jones lifted a knife daintily and prepared to apportion the delicacy among the hungry boarders. As she held the knife over the lamb the lamb exploded—blew up like a Black Hand I bomb. One of the flying fragments hit | the new white waistcoat one of the | boarders wore for the first time. A j cross section landed on a new spring gown. The rest of lt went all over the place. There was no salvage and Mrs. Jones was distressed beyond ex pression. , She caused the arrest of David Kahn, a butcher of No. 1427 Broadway, from whom she bought the lamb. She told Magistrate Harris Kahn had given her ! the money back and she had given him the wreckage of the lamb. < Magistrate j Harris, who does i not think explosive legs of lamb should be sold, held the butcher In $500 ball for hearing. Poor Mrs. Jones says she has had ex perience with dynamite. Isn't afraid of it and never was, but in the parlance of the street the "leg o' lamb effectual ly got her goat." — « » » 1— SUES LAURA BIGGAR TO COLLECT HEART BALM Agnes M. Hendricks of New York, who recently figured In the public eye as plaintiff in a suit against Laura Biggar, the actress, for the alienation of,her husband's effections and who se cured a judgment against the actress for $50,679, filed suit in the superior court yesterday on a complaint on judgment, alleging the amount never had been paid. The judgment awarding the plaintiff the damages was sustained by the su preme court of New York state, and she proposes to force the I once well known actress to pay the amount. WRONGDOERS BEWARE WOMAN PROSECUTOR My-7y rr. ■;..-. .. 777 . z-xxlyX 'XxlUxx. I L-~"" j**rn___mii' fn 3**"we^Mh? ,_. MRS. CLARA SHORTRIDGE FOLTZ SAN BERNARDINO VOTERS BOYCOTT WATER WAGON Saloonists Celebrate Victory by Closing Up Shops—Business Men Win Fight SAN BERNARDINO. April 25.—The "wets" of San Bernardino won a sweep ing victory today when by a majority of 465 votes the city cast Its lot against prohibition and defeated the proposed ordinance that would have closed the saloons. Each of the five wards of the city re turned a majority for the "wets." The total majority exceeded by 150 votes the estimate of the saloon men's campaign ers. Out of the 2506 votes, the largest number ever polled in an election in the city, 1464 were cast for the "wets" and 999 for the "drys." Not even after the polls closed at 6 o'clock did the "drys" concede defeat. The "wets" at that hour claimed vic tory by a majority of about 800, conced ing twO of the largest wards In the city slightly dry. In the supposed strong holds of the prohibitionists the vote went against them. ' ' San Bernardino now remains the only "wet" city for a radius of many miles. Almost as a unit the business men of the city stood for the continuation of the present policy of licensing saloons, and without a doubt it was their in fluence that won the fight for the liquor Interests. Their views were given to the public in published interviews. The eighteen saloons of the city tonight, in stead of joyously celebrating the vic tory, are discreetly remaining closed. The detailed vote Is: First-ward, 172 wet, 71 dry; Second, 247 wet/198 dry; Third, 367 wet, 160 dry; Fourth, 278 wet, 243 dry; Fifth, 400 wet, 327 dry. SLAYER OF WIFE TRIES TO END HIS OWN LIFE In a desperate fight with Patrolman Craig, In the upper tank of the city Jail early yesterday morning, Ernest Wirth, who stamped out his wife's brains Friday in the Travers house, Fifth and Crocker streets, was over come and prevented from carrying out a carefully planned plot to end his life. After his arrest Wirth boasted he would end his life in the jail. For this reason a patrolman has been in con stant watch before his cell night and day. His feet have been chained to his bed and his hands bound in cuffs. Wirth had been feigning Illness and receiving medical attention from the police surgeons. On the pretext that he wished to go to the tcilet room his leg Irons and cuffs were removed. Ac companied by Patrolman Craig he started along the hallway, apparently In a weakened condition. '■"'7">'- With a sudden spring ho jumped from Craig and sprang to the top of the toilet room. Then he dived head first, Intending to dash out his brains on the concrete floor. atrolman Craig caught the man be fore he struck the floor. A fierce fight followed, and the scuffle attracted the attention of Jailor Boaz. It was with difficulty that Wirth was overcome by the two men, led back to his cell and securely bound. As a result of his at tempts to end his life, and as three patrolmen were detailed to guard the prisoner, his preliminary hearing, orig inally set for Thursday, was changed to 11 o'clock this morning. . l . ,'-. IT'S TRUE! DENVER COPS OVERLOOK EASY MONEY DENVER, April 25.—More than a thousand dollars' worth of jewelry re mained unnoticed in a patrol box in the heart of Denver from Saturday un tlll today, although the box: is visited forty times dally by patrolmen. The police believe the loot was hidden by a man arrested Saturday and held at the patrol box waiting for the wagon. CrYplll r!OPTTT!S'' daily 2e. ON TRAINS Be. Qli> \JI 1 Jill \jKJLIIIikS. SUNDAY Be. ON TRAINS 10c MRS. FOLTZ SWORN IN BY DISTRICT ATTORNEY First of Her Sex to Be So Hon ored—Her Career Re markable Los Angeles has a woman deputy district attorney, and her name is Clara I Shortrldge Foltz. The honor of being the first of her sex in California to be 1 numbered among public prosecutors was conferred on Mrs. Foltz yesterday morning when she appeared in the su pervisors' room accompanied by Dis trict Attorney John D. Fredericks, and took the oath of office. Well may the brigands of the Cala basas hills retreat within their lairs, for .Mrs. Foltz. besides- being a lawyer of recognized acumen, is an orator of no mean ability and once convinced a Jury of twelve males that a woman had a perfect right to go through her hus band's pockets and confiscate the bank roll. Consider the really great women of history. From the doughty Elizabeth of' England, whose navies scoured the seas In all quarters of the globe, whose firm hand maintained her kingdom in tact against the attempted Inroads of the war lords of Europe, back to the amorous Cleopatra, who played Jokes on her Roman lovers while.she ruled with a strong hand her millions of Egyptian serfs, there hardly appears a woman recognized as great whose crowning glory was not a shock of auburn hair. , '■'",' And such is the crown under which walks Clara Shortrldge Foltz, attorney, apostle forensic of woman's rights, Idol of the club women of Los Angeles, member of the bar of California and of New York, the first woman lawyer ln the United States to receive such rec ognition of ability. IS DISTINGUISHED WOMAN But Mrs. Foltz Is distinguished far moro by her warm-hearted and genial personality, her dee-lighted smile and her enthusiastic ambition to remove the discriminations practiced against her sex than she is by the hair into which she sticks her hatpins. It was merely mentioned because, finding it Impossible to choose which of her many estimable qualities to present first, lt was convenient to begin at th? top. Thrown on her own resources by the death of her husband, with two small daughters to support, Mrs. Foltz com menced the study of law, undeterred by the fact that women were not al lowed to practice before the California courts, and by her own efforts induced the legislature to amend the consti tution of the state. Later she was suc cessful, through the courts, in forcing the Hastings College of Law In San Francisco to accept woman students, and was herself the first student. Later she was admitted to practice in the courts of New York and has been the subject of innumerable stories In newspapers in all parts of the United States in connection with the revision of laws pertaining to the rights of women. "It has been the one great ambition of my life." said Mr. Foltz yesterday, "to make the arrival of justice more certain for more persons who come un der the displeasure of the powers that be through fortuitous circumstances, and my one hobby has been the estab lishment of public defenders, to assist the state's attorneys in securing jus tice for supposed criminals. "While many persons regard the dis trict attorney's office as an Institution bound to furnish a culprit for every crime committed in their jurisdiction, I feel that no conscientious and able attorney who carefully Investigated the cases which he prosecutes could be a party to the prosecution of an inno cent person, and I regard the position which has been conferred upon me as a high honor indeed." Mrs. Foltz, who is a member of the state board of charities and correc tions, will be a delegate to the national conference of charities and corrections to be held in St. Louis on May 18, 19 and 20, and probably will not appear In court in her official capacity before her return on May 25. As her duties in her new position will Involve only cases concerning women and children, Mrs. Foltz will retain her present of fice and will continue her civil practice. C^, CENTS SISTERS BATTLE WITH LIFE OF DR. HYDE AS STAKE Margaret Swope, Scarcely Con valescent, Testifies as Mrs. Hyde Aids Defense GENTRY TAKES OWN MEDICINE Druggist Who Made the Tonic for Col. Swope Tries to Show It is Harmless [Associated Press! KANSAS CITY, April 25.—Sister bat tled against sister in the Hyde murder trial hero today. From the witness stand Miss Margaret Swope, whom it is charged ln three counts of an Indictment Dr. B. C. Hyde attempt ed to poison, testified for the state. Sha told a straightforward though some what stilted story of her illness and of the typhoid epidemic in the Swope home. Behind Dr. Hyde's attorneys sat Miss Swope's slater, Mrs. Hyde, directing the light on her sister's testimony. At torneys frequently consulted her dur ing the cross examination of the girl. Seated where she.could look directly Into the eyes of tho witness Mrs. Lo gan O. Swope sat and watched the duel of witnesses. Her sympathy was with the younger girl—the mother's witness against a disliked son-in-law. But, al though her sympathy was not with her older daughter, Mrs. Swope noticed Mrs. Hyde's every action. One moment Mrs. Swope would smile encouragingly on her younger daughter and then she would gaze steadily at Mrs. Hyde, her face set with an expres sion of grim determination. It seemed almost certain when Mar garet Swope walked down the aisle of the courtroom today to take the wit ness chair she was going to stop and recognize Mrs. Hyde. She walked within a few feet of Mrs. Hyde, fal tered slightly, peered anxiously at her, and passed on. Mrs. Hyde apparent ly did not see her little sister falter The spectators did, however, and there was a busy craning of necks to get a good look at the two when they saw each other for the flrst time in months. STILL WEAK FKOM ILLNESS Testifying was an uphill battle for Miss Swope, who is still weak from the effects of typhoid. Her nerves are unstrung. The rapid fire questioning of the attorneys disconcerted her at times, but her testimony in the main was un shaken on cross examination. The best feature of the day was her story about how Dr. Hyde came to her room while the lights were burning low one night and In the semi-darkness gave her a hypodermic. The physician walked Into the room, announced he would give a hypodermic, rolled up her sleeve. Inserted the needle and left, she said. Dr. Twyman was in charge of the case at the time. The state contends the injection was of pus germs and not camphorated oil, as Dr. Hyde claimed. When court convened the cross ex amination of Miss Houlihan, one of the nurses called to the Swope home, as resumed. The defense secured sev eral admissions of considerable Import ance. Miss Houlihan admitted that she had been reprimanded by Dr. Hyde for failure to give Margaret Swope her medicine at the right time. She admitted, also, that Chrlsman Swope suffered from hallucinations during his illness. She told of giving Chrlsman Swope a capsule on the or der of Dr. Hyde and testified that a convulsion followed. An attempt was made to show that Miss Houlihan dis liked Dr. Hyde and had quarreled with him, but this the witness denied. Miss Margaret Swope took the wit ness stand at 11:45 o'clock. She is 21 years old. Dr. Hyde and his wife leaned forward eagerly and listened In tently to her testimony. "It was almost dark ln the room," she said in a low and faltering, voice. "My nurse was away. Dr. Hyde came Into my room and, coming to my bed side, quid he was going to give me a hypodermic. He took my arm and rolled up my sleeve. I drew away aa soon as "the needle entered my arm. Ho gave me an Injection and then left the room." CONVULSION FOLLOWS OAPSULB On the morning of December 18, the day upon which Dr. Hyde Is accused In an Indictment of having poisoned Miss Swope with strychnine, she was feeling strong and much better, she said. ■ ■;• ■ "Hyde came to my room and looked over my medicine," she continued. "A little later Miss Houlihan gave me a capsule. My convulsion followed." Shortly after Miss Swope'B convul sion, the trouble arose which led to Dr. Hyde's being banished from the house. "How did you progress after this day?" she was asked. "I Improved rapidly," she replied. "Did you ever hear Dr. Hyde say any thing aoout your uncle, Thomas Swope's, chances for getting well?" • "Yes; on the day he died I heard Dr. Hyde say he never would get well." Taking up the subject of Jordan, the herb man, Mr. Brewster for the de fense, brought out that the "yard" remedies were almost constantly in the Swope house. Mr. Brewster tried to learn from the witness just when Chrlsman Swope took the last of Jordan's remedies. She said she could not remember. Reverting to Dr. Hyde taking distill ed water to the Swope house, Mr. Brewster asked the witness if she re called the physician suggesting that all of the family should not use the water from the cistern. She said she did not. Mr. Brewster then read from the grand jury notes, showing she had so testified. Miss Elizabeth Gordon, a nurse, fol lowed Miss Swope on the stand. Miss Gordon was summoned to the Swope home on December 4 by Dr. Hyde. He told her, she testlfed, that there was sickness In the house which appeared to be typhoid epidemic and he did not know but It had Its origin in a cistern on the property. Chrlsman and Margaret Swope and Miss Nora Bell Dickson, a seamstress, were ill at that time. None of them appeared to be ln a serious condition, said Miss Gor don.