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Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, May 17, 1910, Image 1

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&&£??& PRICE: 50 CENTS HWISSfS
LAND CLAIMED BY
EARLY-DAY BOAT
RIDE IN A WAGON
Application Made 35 Years Ago
for Big Tract May Invali
date Titles
REPORTED TO BE A SWAMP
Applicants Said to Have 'Rode'
but Not 'Rowed,' as They
Asserted
rN RTTLERS of the Palo Verdß val-
ley assert that their rights to
k-J lands valued at perhaps $2,500,000
have been put in Jeopardy through a
remarkable piece of trickery played
upon the federal government thirty
five years ago by a San Francisco
multi-millionaire, now dead. The long
lapse of time will make legal proof of
their contention difficult. The story
they tell is as whimsical as anything
yet devised by flctionlsts. Its central
feature is a trip by boat over 44,000
acres of rich land, the boat having
been carefully loaded into a wagon
and the driver guiding his team r.rom
v secure seat in the bow, while his
companion on the overland voyage
made himself comfortable amidships.
After this unique experience the
voyagers are alleged to have taken
their oaths that they went all over the
land in question "by boat." Tho set
tlers today admit this was dono, but
maintain that while the old-timers
actually rode over the property they
couldn't have rowed over it If their
lives had depended on the feat.
Following that boat ride the voy
agers, it Is said, secured title to the
lnml.s traversed under the "swamp
and overflow" act, when as a matter
of fact the land was desert land, dry
and useless for agricultural purposes
unless irrigated.
TITLE Q11»T1O>EI)
Title to this particular 44,000 acres
Is not now in question, but the In
cident, say the settlers, has been seized
upon as a precedent bearing upon the
contention of a powerful land syn
dicate which is said to covet some
60,000 acres of adjoining land, much
of which Is now In possession of bonu
lide Kettlers.
The dispute hinges upon the proper
classification of the land. If "dry and
arid agricultural lnnds" the federal
government is in possession and the
settlers who acquired their rights from
Washington will be confirmed in their
titles, but if the land is hold to be
"s»;imp and overflow" then it belongs
to the state of California, and govern
ment-secured titles are valueless. In-
cidontally—and here is the little Jokor
—there Is today on file in Sacramento
applications for practically all of this
60,000 acres, duly Hied under the swamp
and overflow act, though none of tho
filings has been made by the men now
in possession.
The dispute, which upon its face ap
pears to be a controversy between the
national government and the state,
will (>oine up for hearing before United
States Surveyor Genera! Archer, ait
ting ns a Judicial offiical, in the Lob
Angeles land office June In next. The
settlers, however, assert that the con
troversy really is between themselves
and a land-grabbing syndicate, and
complain that the federal government
is doing nothing to protect its own
and their rights.
USB BETTLERB' WSAGITK
In order that their side of the caso
may be properly presenter) they havo
organized the Land Settlers' Protec
tive league of the Palo Verde valley
and will employ attorneys to represent
them at the June hearing- This league,
just organized, has already fifty mem
bers. It will meet today at 127 North
Broadway, at which time it is expected
the membership will be lamely in
creased. Fr»m 150 to 200 settlers aro
expected to be In attendance, the meet
ing having been called for the purpose
Of settling upon a policy of defence.
The officers of the league are Robert
Furlong, president; Alexander Mac-
Donald, vice president, and L. C. Har
ris, secretary. President Furlong yes
terday made the following statement
of the case, from the settlers' view
point:
"Prior to 1903 a few settlements were
inude under this classification. In 1903,
however, the government projected a
reclamation work, it being proposed
to bring water from the river by ca
nals, and the lands were withdrawn
from settlement temporarily. Later
this project was abandoned and on
January 9 last the secretary of the in
terior announced that the lands would
again be thrown open to settlement
April 18.
TWO 111 NIMCM) CI«UMANTH
"Citizens generally were invited to
go there and take up homesteads.
About 200 availed themselves of the op
portunity. Then, two days later, tho
Los Angeles land office sent out notices
declaring the lands again withdrawn
pending a settlement of the contro
versy regarding their classification ana
fixing June 15 as the date for the hear
ing. Settlers were advised that the
state of California claimed title un
der "swamp and overflow" act and in
vestigation proved that applications
for the land under this act already
were on file in Sacramento. The land
really is worth from 40 to $50 an acre,
but under the "swamp and overflow"
act it can be taken up for $1 an acre,
the statutory price. That, of course, is
much cheaper than it could be secured
from the federal government, wKlch
explains tho effort to have it declared
state land. The government already
has issued patents on some small par
cels of this land, but they will be in
validated If the classification is
changed."
Asked upon what the claim of the
"state" is based, Mr. Furlong related
the story of tho boat rido, undertaken,
lie explained, merely because $1 an acre
was less then, as it is now, than the
price at which these lands always have
been held by the United States.
"They're trying to use that bogus
boat ride as a precedent," he explained.
Homebody rode in that boat, all right,
but they never rowed In it. There's a
difference, and it's important today—
vitally important to us—even though
the voyage in controversy waa made
thirty-five years a»o."
LOS ANGELES HERALD
INDEX OF
HERALD'S NEWS
TODAY
FOKEOABT
For TiiM Angele* mill vlrlnlty: I'nlr, (IN
dii.v: Mimrivlint wnnncr; Ilirlit pant wind,
itianiilnif to south. Maximum temperature
jrsliTilny, 79 degrees; minimum temperu
lure, 68 degree*.
LOS ANGELES
Early day boat rlrln In wagon may in
vallilato titles to land In Palo Verde val
ley. PAGE 1
Supervisors name committee of six to In
vestigate county highways. PAQK 4
Hiram Johnson, Lincoln-Roosevelt league
candidate for governor,' to arrive In
I.™ Angeles May 33 for campaign tour
of Southern California. PAGE 4
Thirty-two men qualify for Jury duty out
of eighty summoned. PAGE 8
Opponent to land deal offers In court
»2f)00 an acre for land sold for (1000 and
Is accepted, but deal Is nut closed. PACK 8
Grand Jury probing Ore department for
scandal. PAGE! 14
Rev. ' Morris scores Simony «chos! pi::;!. I
at annual Episcopal gathering. l'A<iK 14
W. C. T. U. closes annual session with
resolutions against vice. PAGE 14
Girl gives up $100,040 estate to wed cousin
anil prove that ho loves her and not
her money. PAGE 16
Weatherman Wollaber after dope on way
earth will pass through tall of Hailey's
comet. PAGE 8
A. M. Norton, chairman of Democratic
county committee, announces possibilities
for county offices. PAGE •
John S. Donovan, alias "Jack Sheridan,"
falls In "appeal for Justice." PAGE 9
Coroner Ignores husband and - will hold
inquest on Mrs. Edward Shopbell, hos
pital victim. PAGE! >
Pitt commission appoints Frank Sherer
temporary park superintendent, i PAGE Id
Society and music. PAGE 5
Sports. , PAGE 6
Market and financial. PAGE 7
News of the courts. PAGE 8
Municipal affairs. PAGE 16
Editorial. PAGE 12
City brevities. PAGE 13
In hotel corridors. PAGE 13
Noted men and women. * PAGE 13
Marriage licenses, births, deaths. PAGE 11
Classified advertising. PAGES 14-15
Theaters. ■ PAGE 6
Citrus fruit report. PAGE 11
Shipping. PAGE 11
Building permits. . PAGE 11
Clubs. PAGE 13
SOUTH CALIFORNIA
Ban Bernardino will open centennial fes
tival today with elaborate program.
PAGE 3
Lights In front of Ocean Park Casino
turned out in business men's squabble.
PAGE 10
Redondo Beach voters docile In favor of
licensing saloons. PAGE 10
Irate Long Beach landlady turns hose
on artist and Injures his glass' optic.
PAGE 10
COAST
Prof. T. J. J. Fee, government astronomer
at Mare Island, says moon's eclipse on
night of May 23 will be best time to
sex comet. v PAGE 1
Marln grand Jury called to Investigate at
tempts to tamper with Jury trying H. P.
Flonnery. . PAGE 1
Blind girl Is thrown into net and many
others borne to safety In night robes
when Oakland hotel burns. PAGE 2
EASTERN
■Immigration Commissioner North says
records prove that he Is not admitting
diseased Orientals at San Francisco.
PAGE 3
New York society may shy at former
Senator Clark's $13,000,000 palace. PAGE 3
Taft tells oil men equities will be pro
tected when withdrawal order Is en
forced. PAGE 1
Regulars In senate save commerce court
for Taft by voting down Cummin's mo
tion to strike It out. PAOE 2
Balllnger discharges Stenographer Kerby,
who told truth about Glavls letter.
PAGE 2
Dr. B. C. Hyde convicted of murder In
first degree and punishment fixed at life
Imprisonment. PAGE 1
Chicago str«et railway officials declare pay
as-you-ojlter cars reduce accidents. PAGE 1
MINING AND OIL '"Tr
Pioneer Midway gusher Increases to 25,
--009 barrels a day; may be a second
Lake View. PAGE 11
Sunset Security resumes drilling In oil
held. PACE 11
Patent applications Indicate approach of
boom In Arizona. ; PAG 11
PAY-AS-YOU-ENTER CARS
WILL LESSEN ACCIDENTS
i
(Special to The Herald)
CHICAGO, May 16.—Local street
railway officials gave out today a
statement covering the operation of
"pay-as-you-enter" cars since their
first use in Chicago, about two and a
half years ago. The cars are declared
to have lessened accidents, shortened
stops for the purpose of taking on pas
sengers and to have Increased by 12%
per cent the length of the "car mile"
The statement says the cars have
proved a greater success than had
been anticipated even by their strong
est adherents within the company.
The greatest improvement from the
public service viewpoint has been:
First, the saving in life and limb by
the reduction to the minimum of the
cases .of accidents resulting from
boarding and alighting; second, the
placing of practically all the lines on a
greater speed schedule; and third, the
convenience afforded to patrons.
For a period of two years, from Jan
uary 1, .1908, to January 1, 1910, the
scope of the improvement over the pre
vious two years, before the system was
installed, is given in tho following re
capitulation:
APPROXIMATE DECREASE.
Per cent.
Decrease In accidents caused by
falling on or oft and "flipping"
car* (all 1inen)...... 1-10
Decrease In liable accidents In
boarding and alighting from cars
(pay-as-you-enter cars only).. 1.. 62
Decrease in duration of slor>» In
loading and discharging passen
gers (stops In loop where move- ;\
merits of cars are subject to cross-
Ing policemen - not Included) '45 j
Decrease In length of the car mile. 12 Si
Decrease In payment of personal In-
Jury claims growing out. of board-
Ing and alighting actdents for all
cars (equipped and not eq«lpped(. 21 2-5
APPROXIMATE INCREASE.
Increase In gross revenue since the
system was Installed i\i
Increase In revenue due to collect-
Ing full auota of fares, gain In
street terrleory because- of In
creased efficiency In loading and
unloading • * '"5
Increase In pay-roll mile 12 Vi
Percentage of cars equipped with
pay-as-you-enter system (Chica
go city Railway company), to
Aitrll 1. 1810 .00
TUESDAY MORNING, MAY 17, 1910.
JURY TAMPERERS
IN PLANNER? CASE
WILL BE INDICTED
Night Manager of Saloon Owned
by Defendant Js Put on
Grill by Judge
JUROR'S BROTHER IS SOUGHT
William Genazzi Drops Out of
Sight- and Subpoena for
Him Is Unserved
[ SS « r I p.,npo« V ]
SAN RAFAEL, May 16.—Disclosures
concerning an alleged attempt to
Influence two jurors now sitting
in the grand larceny trial of Harry P.
Flannery, former president of the San
Francisco police commission, furnished
the climax today in the case growing
out of the recent raid on the bogus
Sausallto pool room.
Judge Lennon this morning called a
conference in his chambers, at which
were present District Attorney Boyd
and George A. Knight, chief attorney
for the defendant.
The reported case of Jury tampering
was thoroughly gone over, and William
Elliott, the night manager of Flan
nery's saloon in San Francisco, was
called before the Judge and the two
attorneys and questioned regarding
the part he is alleged to have taken in
the matter under investigation.
As a-result of the grilling given El
liott and of certain admissions he Is
said to have made, the grand jury of
Marin county has been called to meet
Thursday to take up an Investigation
of this and other cases.
TALKS I/OIH>I'Y ABOUT CASE
Through the efforts of agents of the
district attorney's and sheriff offices,
it was learned that Henry V. Genazzi,
one of the Jurors, had taken dinner last
Thursday night in company with an
other juror at a San Francisco cafe of
which Genazzi's sister is proprietor.
While they were at dinner Elliott, it
Is alleged, entered the cafe and began
talking about the Flannery case with
in their hearing, and later joined /he
party at the, table. Later he asked a
younger sister of GLenazzl'B, according
to the statement of the girl herself,
to ask nor brother to "go light on
Flannery."
A subpoena has been Issued for Wil
liam Genazzi, a brother of the juror,
who was seen in conference with Flan
nery Thursday, who later went to
lunch with his brother, and who was
present at the dinner in the San Fran
cisco cafe. A search has been kept up
for William Gennzzl since Saturday,,
but he has not been found.
Joseph Abbott, one of the Sausallto
pool room operators, whose confession
served as the basis of the grand lar
ceny indictment against Flannery, was
the principal witness called today by
the prosecution. He told of numerous
conversations with Flannery relating
to what he declared was an agreement
with the latter to open bunko games
in San Francisco under police protec
tion to be furnished by Flannery. He
also declared that Flannery had pre
cise knowledge of the illegal opera
tions being carried on by the pool room
men In Sausallto.
ADDS STARTLING TESTIMONY
In the course of his direct examina
tion Abbott added several sensational
bits of testimony to his confession be
fore the grand Jury. He declared that
Flannery secured from him a written
list containing the names of all the
steerers for' the Sausallto fake pool
room who would operate in San Fran
cisco, in order to furnish protection
in case these men were arrested. He
added that some time In February two
of these steerers were captured in San
Francisco and that Flannery secured
their release from jail through Assem
blyman A. L. Whelan.
Abbott said that Flnnnery had intro
duced him to Detectives Harrell and
Bailey of San Francisco, who were to
furnish protection. He quoted Flan
nery as saying:
"You have two good years ahead of
you. I want you to make a lot of
money for yourself and also for me.
I've waited for fourteen years for this,
and now I am going to make good
money out of it."
Abbott was followed upon the stand
by his wife, his brother-in-law, Roland
,T. Hazelton, and the latter's wife, all
of whom corroborated his testimony.
Sheriff Taylor of Marin county also
testified concerning the raid on the
Sausallto pool room, and identified the
gambling paraphernalia captured at
that time.
The case ■will continue tomorrow.
DRIVES AUTO OVER BANK
TO SAVE THREE IN WAGON
Wealthy San Diegan Wrecks Car
to Avoid Collision
SAN DIEGO, May 16.—Charles W.
Oesting, one of the wealthiest insur
ance men in this city, deliberately
turned his rebuilt racing car down a
steep embankment while traveling at
a high rate of speed in order to escape
a collision with a team and wagon in
which were a man, woman and child.
The accident occurred late yesterday.
The machine was wrecked, but Mr.
Oeiting and his companion, William
rtndcliffe, escaped with only minor in-
Jpuries. _
NEGRO FIRES STOCKADE TO
ESCAPE; 35 BURN TO DEATH
CENTERVILLE, Ala., May 16.—
Thirty-six negro convicts lost their
lives early today when the stockade of
the Red Feather Coal company at Lu
cille was destroyed hy (ire started by
one of the prisoner! In an effort to
escape.
Thlrty-flve of tiie convict! wete
burned to death and another was shot
by guards. Among those burned was
tlic negro who started the blaze.
Principals in Swope Murder Case and
Court Building Where Trial Occurred
iwk»» 9w a 9 In
v'''^wr " "-'■"'"» ■" " ■ ."'.'" t■>° t/ -".' ' i" ■' -' '*' '-'.' i' ■■' ' ■ ■ ■ ' ' ■ ■ ■■.■■.■■. ... Ji^ '
LUCY LEE SWOPE AT LEFT OF "Jf^k ' rA^MmSk
criminalcourtbuilding.be. p
LOW IS DR. B. C. HYDE AT THE Wtf^jA B*
RIGHT OF MRS. B. C. HYDE AND ]^^&#^^^B^
AT LEFT OF MARGARET SWOPE BPißE^M^PP|^^^L^
AND MRS. LOGAN SWOPE, IN OR. SSsBUBSSSBmBBT
DER NAMED \ : ■ ,' .
TAFT PROMISES TO
PROTECT OIL MEN
'Equities Will Be Safeguarded,'
He Tells Operators Who
Visit White House
(Special to The Herald)
WASHINGTON, May 16.—President
Taft gave the California oil delega
tion assurance today that whatever
equities exist for those who find them
selves in difficulty as a result of the
withdrawal order of last September
would be amply protected.
"The government is not going to rob
citizens of thousands of dollars that
limy have been expended in «ood
faith," said the president.
Mr. Taft then asked Senator Flint
and Representative Smith, who con
ducted the party, to take the oil men
to George Otis Smith, chief of the geo
logical survey, that he might state to
them what the attitude of the admin
istration is as regards oil lands. Smith,
however, was not in f< position to make
a comprehensive statement, but it is
possible he will do so at a .hearing to
be held before the house public land
committee tomorrow.
To have oil taken out of the con
st rvntion scheme at this time is re
garded as improbable. The Callfor
nians are therefore confining them
selves to efforts to have the Pickett
bill amended so as to protect the equi
ties alleged to hava accrued because
of development work carried on both
prior and subsequent, it appears, to
the issuance of the withdrawal order.
It remains to be determined what the
equities are in such circumstances,
there being dispute on this point as
to a portion of the claims set up for
them.
The Callfornians regard today's as
surances from the president as im
portant, for it will be he who will issue
and maintain the withdrawal and he
can protect the rights of claimants.
NOT "MISSING LINK' IN
LORIMER BRIBERY CASE
Representative Finally Makes Re
ply in Circuit Court
SPRINGFIELD, 111., May 16.—Rep
resentative Michael Link, charged
with refusing to reply to questions put
to him before the Sangamon county
grand jury today, answered "no" when,
at the suggestion of Judge Shirley In
the circuit court, the following form
of the question concerning the al
leged senatorial bribery affair was
asked him:
"Did any person or persons in Sanga
mon county, Illinois, offer or promise
you any money or other valuable con
sideration for your vote in the forty
sixth general assembly of this state
for United States senator?"
Link appeared in the circuit court
to answer to the charge against him,
but before the lawyers finished their
talk Judge Shirley suggested the form
of question.
Attorney Reid of State's Attorney
Wiiyman's force, said he was willing
hiH Client should answer the question
and Link was forthwith ushered be
fore the grand jury and answered "no."
ROOSEVELTS LOOK
ON DEAD MONARCH
From Solemn Scene, T. R. Turns
to Formal Visits on Score
of Royalty
LONDON, May 16. — the first time
In Its history the (treat bell of the clock
toner on the house. of parliament, pop
ularly • known as "Big Ben," will he
tolled every fifteen seconds while King
Edward's coffin Is passing tomorrow
from the palace to Westminster ball
and again on Friday while the cortege
is. leaving Westminster. ' Its booming
will he the signal for the great guns to
fire a salute to the passing of the mon
arch, i
Ferdinand of Bulgaria has decided to
attend the funeral and will be the ninth
king coming to London for that pur
pose. ?>■ -■
[Associated Press}
LONDON, May 16.—The feature of
the day in London was the arrival of
Theodore Roosevelt, Who came direct
from Berlin and will act as special am
bassador to represent the United States
at the funeral of King Edward VII
next Friday.
Col. Roosevelt was received by King
Qeorge at Marlborough house and later,
With Mrs. Roosevelt, visited Bucking
ham palace. They were escorted into
the throne room, where lies the body of
King Edward.
Apart from the strong interest dis
played in the arrival of the former
president, the day was uneventful. An
enormous crowd, mainly composed of
provineialists, spent the day patiently
watching outside Buckingham palace
and Marlborough house, the comings
and goings of royalties and princely
visitors.
The cold wind of the last few weeks
has given place to summerlike weather,
which will be a great boon to hundreds
of thousands of spectators at Tuesday's
and Friday's solemn functions.
Another service was held in the
throne room of the palace tonight, the
last before the removal of the body to
morrow. At the palace servants were
permitted to attend.
The diplomatic representatives of all
powers called at Dorchester house dur
ing the course of the day and left
cards for Col. Roosevelt.
Mr. Roosevelt and Mrs. Roosevelt con
cluded the morning with a round of
formal calls. They called upon the
crown prince and princess of Denmark,
the duke and duchess of Argyll,
Princess Henry of Battenberg, and
the duke and duchess of Fife, and at
Buckingham palace Inscribed their
names in the visiting books of DowaKrr
Empress Marie of Russia, Grand Duke
Michael Alexandrovitch of Russia and
King Haakon and Queen Maud of
Norway.
The Roosnvelts had just returned to
Dorchester house when they received a
return call from King Haakon, who
greeted the special ambassador and his
wife as old friends. While luncheon
was being served the duke of (cm
naught and Prince Arthur of Con
naught called.
Mrs. Roosevelt went to Buckingham
palace again this afternoon and paid a
visit to Queen Maud.
Mr. Roosevelt's throat still bothera
(Continued on I'age Two)
OT"V/"tT XT' f^OT* I I/<5 • i>aii.y sc. ON TRAINS so.
©llMjrJ-JEj V>V/JL lJiiO. SI NIWY ,V. on trains tor.
MOON ECLIPSE TO
BRIGHTEN COMET
Best View of Heavenly Vagabond
Will Be After 9 P. M.
of May 23
SAN FRANCISCO, May 16.—Halley's
comet now practically has disappeared
in the morning- aky. and today Pro
fessor T. J. J. See, government astron
omer at Mare island, issued the fol
lowing statement In regard to the re
appearance of the comet in the west
just after sunset, following the earth's
passage through the tall of the comet
on May 18:
On May 19 the comet's head will Bet
twenty-one minutes after sunset; on
May 20 the interval will be lengthened
to one hour and seventeen minutes; on
May 21, two hours and nineteen min
utes; on May 22, three hours and nine
minute* and on May 23 three hours
and forty-six minutes.
TO MOVE EASTWARD
Thus the comet will move rapidly
eastward from the sun and ought to
bo visible in the western sky after
May 20. Tho upper end of the tail
may be visible on Mny 19, but as the
moon is then nearly full it is doubtful
il" it can be seen in the strong nioon
lißht.
The head of the comet probably will
be brightest May 20, but the strong
moonlight will cut down the light of
the tail, and this difficulty will exist
each evening till May 23, when a total
eclipse of the moon will occur and
enable jis to see both head and tail of
the comet in a dark sky for an in
terval of fifty-one minutes. It is dur
ing the eclipse that we may expect to
get the best views of the comet and
everyone should be on the watch for
both the eclipse and the comet.
The important elements of this total
eclipse of the moon are as follows:
Beginning the totality May 23, 9:09
Pacific standard time.
Middle of eclipse May 23, 9:34.3 Pa
cific standard time.
Total eclipse ends May 23, 9:56.6 Pa
cific standard time.
TOTAI, KCIOPSE
Thus, from a little after !) to 10
o'clock the moon will be in total
eclipse ami the comet will show both
head ami full tail above the horizon.
On May 23 the sun sets at about 7:20
o'clock in the latitude of San Fran
cisco, and as the comet follows the
huh by three hours and forty-six min
utes, the head will not set on this
date till about 11 o'clock in the even
ing.
Accordingly, from 8:30 till 10:30
o'clock p. m., when the moon will be
nearly covered by the earth's shadow
in space, in the evening of Monday,
May 23, everyone should watch for the
eclipse and the comet, as both will be
visible at a seasonable hour of the
night. It may be a long time before
we again see two such wonderful
sights.
NEW YORKERS RISE EARLY,
BUT COMET KEEPS IN DARK
Sun Beats 'Em to It and They
Do Not Get a Glimpse of
Heavenly Vagabond
[Associated Press]
NEW YORK, May 16.—There was
disappointment this morning for the
many thousand New Yorkerw who rose
early In hopes of seeing Halley's comet
and of calculating for themselves the
chance of disaster on Wednesday.
Although the sky was clear, no comet
was to be seen. This was explained
by the Columbia university observers
as due to the fact that the t^omet did
not rise until after dawn had begun
to redden thp sky. The comet, they
continued, will not greet observers
again until May 20, when it will oc
cupy a place of honor in the evening
sky. Its appearance will be heralded
(Continued on Pag* Eight)
QcENTS
HIDE TO GET LIFE
TERM; CONVICTED
SELF, SAYS JUROR
W. C. Crone, Who Held Out Long
Time, Tells Why He Fin
ally Voted 'Guilty'
PHYSICIAN REMAINS STOICAL
Doctor Hears Fate Unmoved and
Expresses Confidence He Will
Be Granted a New Trial
[Associated Press]
KANSAS CITY, May 16.—Dr. B.
Clark Hyde, whom a Jury today
found guilty of murdering Col.
Thomas H. Swope and sentenced to
life imprisonment this morning, owes
his conviction to his own testimony,
on the witness stand, says W. C.
Crone, a juror.
Crone is, in reality, the man who de
cided the physician's fate. Until Sun
day night Crone and S. It. Johnson, a
farmer from Sibley, Mo., held out for
| acquittal against the rest of the jury.
Remembering Dr. Hyde's demeanor
on the stand, Mr. Crone finally decided
the accused man was guilty and voted
for conviction. He then convinced Mr.
Johnson, making the verdict unani
mous. I
"Dr. Hyde was his own worst enemy;
in the trial," said Mr. Crone tonight.
"His own testimony convicted him.
"When Dr. Hyde said he had bought
cyanide for ten years and yet could
not remember where he bought it he
damned himself as a witness. If he
had not testified as he did I think he
would not be in his present position.
"At first I believed Hyde innocent,
and until Sunday night I voted to ac
quit him. Then I recalled his testi
mony about his cyanide purchases and.
I decided he was guilty. I told Mr.
Johnson I had changed my vote and
I talked with him about my decision."
JUROR'S SON IN PRISON
A strange feature of Juror Crone's
action Is that his son, Albert, was re
cently sentenced to eighteen years in
the penitentiary for murdering Bertha
Bowler, his sweetheart.
Tonight all the participants in the
great murder case arc as calm as they
have been at any time since the trial
started. The return of the verdict waa
marked by an absence of dramatic
features.
Mrs. Hyde cried a little -when ahe
heard the verc'iot in the court room.
Dr. .Hyde did not change his usual
stoical expression.
Mrs. Logan O. Sivopp was unnerved
when at her home in Independence she
heard the outcome.
"My home is still open to my daugh
ter." she said. "I feel sorry for her."
"If I had not been satisfied I w;i«
doing the right thing," she said, "I
never would have started this proso
eutioin of my son-in-law.
"I am convinced that justice has been
given to the defendant. Of course It
does not behoove me to say whether
I wanted to see ihm hanged.
"As for a reconciliation with my
daughter, I stand now where I hay«
always stood. The doors of my house,
and my arms and heart are open to
her whenever she wants to come home.
My mother love for her has never
cooled. I have thought she was mis
taken, but never that she was other
than the sweet, innocent girl she is."
MRS. HYDE NOT «OING BACK
But Mrs. Hyde is not going- back to
her mother. She is still loyal to her
husband, and confidently believes the
supreme court will free him.
Hyde takes his imprisonment coolly.
He was asleep today soon after tho.
verdict was given. He professed to
believe the case will he remanded for
retrial when it roaches the supreme
court. The physician probably will bo
sentenced Saturday.
By law he is not admissible to ball.
It is discretionary with Judge I^atshaw
whether Dr. Hyde be sent to prison or
hold at the county jail pending tho
consideration of his case by the su
preme court.
John G. Paxton, the executor of the
Swope estate, who with Mrs. Swopn
has taken the lead in the prosecution,
declined absolutely to talk of the ver
dict.
Following the first investigation of
the Swope case, Mr. Paxton sent a
lotter to Mr. Fleming, a co-executor
in Kentucky, describing the scenes at
the Swnpe home during: the illness of
the various members. Soon thereafter
Frank P. Walsh, attorney for Dr.
Hyde, instituted suit for libel against
Mr. Paxton, asking- for $100,000 dam
ages. The trial of the libel suit was
postponed until the murder trial of Dr.
Hyde was begun.
MANNER OF COL SWOPE'S
DEATH CAUSE OF INQUIRY
Investigation Brings to Light
Much Evidence
KANSAS CITY, May 16.—Dr. B.
Clarke Hyde had been under suspicion
in connection with the mysterious
deaths and illness in the Swope family
ever since the death of Colonel. Thomas
H. Swope in October, 1909. The death
of Colonel Swope followed soon after
he had suffered a se-ere convulsion,
and the convulsion, it was charged by
members of the Swope family, followed
immediately after the administration
of a capsule given at the direction of
Dr. Hyde. Dr. Hyde s-id It was a di
gestive tablet.
It was proved at the trial that Dr.
Hyde had purchased cyanide of potSß
slum in five-grain capsules, and (l«
was prosecuted on the belief that he
gave one of them to Colonel Swope.
Two days >-ifore the death of Colonel
Swope, Moss Hunton, a cousin of tho
millionaire philanthropist, died at the
Swope home following what was re
ported as a stroke of apoplexy.
Dr. Hydo and Dr. G. T. Twyman of
Independence, Mo., treated Hunton.
The patient was bled profusely, it 1*
charged, at the suggestion of Dr. Hy<l.\
After six pints of blood had been taken
from Hunton, tho bleeding process wai
(Continued on fag* Xw«J.

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