Dr. Hyde Trial: 1910

Hyde's trial began on April 16, 1910, with Judge Ralph S. Latshaw presiding. Hyde's defense lawyers were R.R. Brewster, M. Cleary, and Frank Walsh. The prosecutors were M. Atkinson, Virgil Conkling, Elliott W. Major, and James A. Reed.

The State of Missouri had an overwhelming case against Hyde and presented numerous expert witnesses who testified as to the medical evidence of poisoning. The testimony of a Dr. Hektoen was typical:

Question: State to the jury what in your opinion that man [Colonel Swope] was suffering from and died from?

Hektoen: In my opinion, death resulted from some convulsive and paralyzing poison or combination of poisons.

On May 16, 1910, the jury found Hyde guilty of murder. Latshaw on July 5, 1910, sentenced Hyde to life imprisonment. Hyde, however, had a secret weapon: his wife Frances, who refused to listen to any suggestion that her husband was guilty. Hyde publicly stated, "This case is not closed. My wife Frances will not forsake me. Yes, Frances will know what to do."

Indeed, Frances Hyde knew what to do. She financed Hyde's defense team, which launched an aggressive appeal. On April 11, 1911, the Supreme Court of Missouri reversed Hyde's conviction and remanded the case for a retrial. Hyde's second trial ended in a mistrial, ostensibly because one juror became sick towards the conclusion of the case. There were rumors, however, that the juror was bribed by agents of Mrs. Hyde.

A third trial was commenced, but the jury could not agree on a verdict. Once again, there were unsubstantiated allegations that Frances Hyde had used her share of the Swope family's millions to bribe certain jurors. Further, there were more rumors that Mrs. Hyde was financing a smear campaign against the surviving Swope family, who hated her for her efforts to absolve Hyde.

In January 1917, Hyde was put on trial for the fourth and last time. After three trials and more than seven years after the alleged murders, the fourth trial was abruptly terminated when Hyde's lawyers correctly pointed out that, under Missouri law, Hyde could not be tried more than three times for the same criminal charges. Hyde was a free man, but he never practised medicine again, preferring to live off his wife's money instead. Frances Hyde never recanted her faith in her husband's innocence. However, it is worth noting that more than 10 years after Hyde's acquittal, she abruptly left him and took up her own household when he offered to prepare a special remedy for her upset stomach.

Despite the lengthy proceedings and the weight of evidence against him, Hyde was never convicted. Under the law, he must therefore be deemed innocent of the Swope murders, but no law can prevent the obvious conclusion that his loyal wife's money had an impact on the outcome. Not all criminal defendants are equal under the law. Sometimes justice lifts her blindfold when the defendant waves a sufficiently large billfold.