The Omaha Daily Bee. WEATHER FORECAST For Nebraska Fair. For Iowa -Hain and cuUlor. For weather icport boo p:igr 1'. lllZ OMAHA DEE goes to th homes la read bj the) omrc-i!li grods for advertiser. VOL. .XXX IX -NO. LHj. OMAHA, TUESDAY MOUXIXG, MAY 17, 1010 TWELVE PAGES. S1XOI.E COPY TWO CENTS. COMMERCE COURT RETAINED IN BILL i . Provision Kept in Railroad Measure by Senate in Victory of "Reg-ulars." CUMMINS' MOTION TURNED DOWN Iowan'i Attempt to Strike Item Out Loses 37 to 28. Raise for Lake Shore Trainmen and Conductors ROOSEVELT GOES TO LONDON TOWN LIFE SENTENCE FORM. HYDE. Kansas City Physician is Found Guilty of Murdering Colonel Thomas H. Swope. JURY CUT FOR THREE DAYS Every Attorney in Case Had Oiven Up Hope of Agreement. WILL MOVE FOR NEW TRIAL If This is Refus-d Appeal Will Be Taken. PRISONER MUST STAY IN JAIL Special Ambassador to Attend King Edward's Funeral Met by Vice Admiral Neville. Arbitrators Award Them Same Rate of Increase Granted Men on Baltimore & Ohio. CALLS UPON KINO GEORGE V t IS TRIUMPH FOR REPUBLICANS Rejardrd as Fruit of Efforts to Solidify Administration. 'BACONS AMENDMENT LOSES OUT f.i'urutan' Proposal to Have t tilled State Clrrult I unrl. Art on Commerce faars Proves ot I'onnlnr. WASHINGTON, M;iv Vi Who tsoever may be the fate of the other provision!! of the railroad bill the proposal to establish h court of commerce will be retained, the senate today tukiiiR affirmative action In that direction, as the house previously had done. The vote wan obtained on a motion by Senator Cummins to strike out the en tire six scctlona providing for the establish ment of the court, the result being In the negative, 28 to 'il. The entire negative vote was cast by re publicans, although eight republicans voted with the domocrats In support of the mo tion. The affirmative republican votes aere cast only, except In the Instances of Senators ltorah and rawford, by the most pronounced of the "Insurgents," Messrs Ueverldge, Bristow, Clupp, Cummins, Doll ver and LaFullette. k The action was a distinct triumph for the rcgujtr republican organization and was the first fruit of recent efforts to solidify the administration forces so as to Insure the carrying out of1 the administration program. Following this action, Mr. Macon pre vented an amendment substituting the lnlted States circuit courts for the court of commerce In the trial of commerce t ascs, but It was voted down without di vision. A negative fate also met met an amendment by Mr. ummlna reducing the membership of the court from five to three. Following these voles Mr. Cummins of fered amendments modifying his substitute for the stock and mond provisions and sub stituting for the United States the Inter state Commerce commission aa defendant In cases In ( the court of commerce In volving orders of the commission. Neither was disposed of during the day. During the debate Mr. Clapp said he found In the court provision a tendency toward centralisation and congratulating the country upon' the work done already in eliminating the 'original bill appealed to the senate t.g continue ht. work,..,. ., . .... Declaring. thai) if" senators snould. voU their ajnest convictions the court section would be voted out, Mr. Bacon said he would rather lose his right arm than be responsible for so radical a change In the Judiciary as this bill contemplated. . Proceedings Taken l'u. The railroad bill was taken up at 11:30 o'clock and Seantor Cummins proposed an amendment striking out the court of com merce provisions. He called attention to the fact that the merger section of the bill, which it had been suggested would make business for the commerce court had "gone down under such a volume of criti cism and disapprobation as would render its rappearanco out of the question." Therefore congress was providing a new court of five judges to try cases at the rate of seven a year, he added. Commenting on this as an unwarranted act of extrava gance, Mr. Cummins declared he could not understand the "Insensibility of the men n-hit were willing to squander the public 'unds." Mr. Cummins also found fault wtlh the possibility that a court devoted to railroad cases might be subjected to especial criti cism and tempettion. We are Inviting the danger that always ias been apprehended wtlh respect to spe ; allstd tribunals," he said. Henutor Bacon, In strong language, ques- Cloned the "unfortunate Innovation In our vf. furihiary system." He thought the change 10 be fraught with many risks. Mr. lioruh clltlclaed the court as unnecessary, be cituse of thr- small volume of business to bo done. v "Every court of the kind that has been "created has drifted down Into a servile ool, he asttrtod. A motion . Senator Cummins that the senat-. strike ut, of the railroad bill tho six sections to creHte a court of commerce was defeutcd. The vote on the Cummins amendment was 28 ayes, 37 noes. Finds it Hard to Marry Often Iowa Man, Divorced, Tries Two States in Effort to Get License for Next Match. Itaac E. Klrby ot Spencer, la., got rid pf his first wife a month ago, or else, she got rid of him. Anyhow, the two were di vorced. Mr.- K'rby desired to wed Miss Nellie H. Goddard, and finding the Iowa law hostile to so prompt a remarriage, he came to Omaha. Munduy, he discovered on apply ing for a marrige license, that the Ne braska statute also helps to make the course of true love rugged, when true love Is running its second race. f Convicts Killed Af Trying Escape Thirty-Four Inmates of Alabama Prison Dead Through Fire Set to Burn Stockade. CENTER VI LLK, Ala.. May 1S.-A , distance telephone message says that Cilrty-four convicts were burned to death and another was shot and killed while try Inn to ascape from a stockade at Lucille today. The stockade was set on fire by a convlrt and a wild dash for liberty is f ibouinu 10 nave been planned NEW YORK. May 18. -The trainmen and conductois of the Lake Shore and Michigan Southern railroad and Michigan 'Central have been granted wane Increases Identical with the Baltimore & Ohio awarded by the arbitrators, P. H. Morrissey and K. U. Clark. The announcement was made by A. H. Garrt-lun, president of the Kaitway Conductors, today. Kali' inductors and W. O. Dee, Brotherhood of Hallway V the following statement: pres if ' Tralnii t The Lake sj MUhlgai as obtaii . n Miking t standard ' of the arbitrators In the il Michigan Southern and taies gives the same rates ;e Baltimore & Ohio, thus '. on those two properties 1 lines on which settle ment has been made, the terms 4 the same as the New of the awa Tork Centr V aut the deferred pay- merit In any It establls.fTTE New York harbor rate across the province of Ontario on the Michigan Central from Detroit' to Buffalo Conditions at Chang Sha Again Most Serious All Foreigners Are Officially Notified to Seek Refuge on Ships that Are Available. WASHINGTON, May 16.-Another upris ing at Chang Sha, China, Is feared. The commander of the United States gunboat Helena has telegraphed the State depart ment from Hankow that the conditions at Chang Sha were most serious and that all foreigners were notified officially on the 11th Inst, to seek refuge on the ships that were available. The war vessels In the river are belieVed to be sufficiently strong to control the situation. Although the State department has not been officially advised as to the nature of the extent of the present threatened upris ing. It Is believed It has been directed princi pally against the Manchu government. The present movement In Hunan province la of more than ordinary significance. In asmuch as the province Is one of the most wealthy and important In all China. The people of the province have long been noted for their antl-forelgn sentiment. The proposed line of railroad from Han kow south runs directly through this province, and It Is believed the disturbed conditions there will stimulate, the Chinese authorities to their best effort to bring about the construction of this road as early, aa possible, as upon its completion the' government will be In apposition, to rush troops to -the dlsaffeeted'sectioni Halley's Comet Changes Its Form 1 Its Nucleus is in Shape of Pointed Crescent and Tail is Much Longer. GENEVA, N. Y., May 1.-Excellent ob servations of Halley's comet were taken this morning by Prof. William R. Brooks, director of Smith observatory, who reported the comet's tail stretching out In a broad band across the heavens to a length of more than 46 degrees. The nucleus, Prof. Brooks said, was very bright, being easily visible with the naked eye long after all the stars except Venus had disappeared. Dr. Brooks said that the comet, viewed through the telescope, showed the same re markable changes In form that were noted three days ago. Its shape this morning was that of a pointed crescent, with' the nucleus on the extreme front and much larger than noted at any previous obsetva tlon. Light Rains Check the Forest Fires Towns of Walker and Bemidji, Minn., and State. Hospital Are No Longer in Danger. ST. PAUL. Minn.. May 1S.-A telephone message from Walkir, . Minn., today con veyed the Information that the forest fires which threatened that town and the Slate Tuherculosls hospital near there had been checked by a light rain and that the dan ger was temporarily Teased. The. same re port f came from BenldJ'. It is cloudy there and the prospects for n hecvy fall of rain were promising. Light rsln appear to have been general In northern Minnesota during the night. Woman Defends Old House Number Before Police Bar With a volume of the city ordinances and certain maps and othrr documenta, Mlsa Elizabeth F. McCartney presented the odd spectacle of a woman attorney In police court In defense of Dr. and MJra. J, M. Whlttsker, who live In a residence on Ptne street, the number of which has been a mooted question for some time. They were charged with refusing to replace the number It bears, which was admitted as Incorrect, for one the city engineer had designated. Evidence In the hearing developed the fact that the Wnlttaker residence stands on a lot which might with equal verity be numbered 821 tSb. 827 or C9. Judge Crawford In the end dismissed the charge. "I can't fin a person for refusing to use a house number, which may prove to be an Improper ons."h said.' IHputlea from tho engineer's office tes tified that the number used by the Whlt takers now, Kt, legally belonged to the house Immediately west of It Mtsa McCartney and the defendants eon tended that there was an unoccupied space Views Body of Deceased Monarch at Buckingham Palace. CALLS UPON DUKE OF CONNAUGHT -A ! Received by New Sovereign at the Marlborough House. LITTLE DISPLAY MARKS VISIT Mourning; for Dead Ruler Pnts Quietus on Proarrain Initially I' rr pa red 1. nut Kites Sched ule?! for Friday. LONDON. May 16. Theodore Rousevelt, special American ambassador to the funeral of King Edward VII, arrived In London this morning and was received by King George at Marlborough house and later visited the throne room In Buckingham palace, where the body of the late monarch is privately lying in state. . The entrance to the city of the dis tinguished American was a quiet one and in marked contrast with his appearance at other capitals and with what would have been made of the occasion here but for the demise of the British ruler. ' It was whit Monday holiday, bnt despite this fact the popular crowd at Victoria sta tion was a small one. There was no cheer ing, but as Mr. Roosevelt alighted from the train and was escorted by Ambassador Held to the royal carriage, which had been sent for him, those who looked on silently lifted their hats. The Roosevelt party, which Included Mrs. Roosevelt, Miss Roosevelt and Kermlt, left Berlin at noon yesterday and reached Flushing, Holland, last midnight. They continued on the regular boat to Queens borough, England, where a special train was in waiting for them and which pre ceded the regular express to London, ar riving at Victoria station fifteen minutes earlier than the regular train, which fol lowed at 7:45 o'clock. Met by Kind's Representative. At Queensborough Mr. Roosevelt was Joined by the aides appointed to attend on him by King George, Lord Dundonald and Commander Charles E. F. Cunningham Graham, and by Vice Admiral Sir George Neville, commanding a division of the home fleet, who received the former presi dent in the name of the king. 'The transfer to the special was quickly made, and at 6 o'clock the party pro ceeded for this ojty, which was reached at 7:30 o clock. It had been supposed that Mr. Roosevelt would arrive on the regular train, an! this fact may have accounted In part for the. comparatively -small crowd at -he' stat tod. 6n the station platform awaiting the Roosevelts were Ambassador and Mrs. Reid and the members of the American embassy and their wives, all dressed In mourning; Consul General Griffiths and the staff of the , consulate, Robert J. Wynne, former American consul general at London; Ogden W. Reid, son of the American ambassador, and a small group of American resident here. There was no music, waving of flags or other demonstra tion. When the greetings had been ex changed, Lord Dundonald escorted the Roosevelts and Ambassador and Mrs. Retd to the royal carriages, which had been placed at their disposal by the king, and they were driven at once to Dorchester house, the home of the ambassador. Later, accompanied by Mr. Reid, Mr. Roosevelt, In the capacity of special Amari ccii ambassador, visited the king at Marl borough House. Following his reception by the monarch, he was escorted to Bucking ham palace and shown Into the throne room where, on the cataifalque, reposes the body of King Edward. Mr. Roosevelt was accompanied to the palace by Mrs. Roose velt and the members of the American embassy mud their wives. The Victoria station is closely picketed and patrolled by the police. Every entrance and exit Is guarded and all applicants for admission are scrutinized. This precaution Is taken for the protection of all the mem bers of royalty amd other official repre sentatives who are coming here for the funeral. , PRISON FOR OHIO BANKER l. ti. Walker, President of Defunct Cleveland Concern, Given r"lre Year. CLEVELAND, O.. May 1.-U. G. Walker, former president of the defunct South Cleveland Banking company, was sentenced to five years In the Ohio state penitenti ary today. Walker was found guilty of perjury for making false statements lo the state bank examiner. The financial con dition of the bank, which failed for more than ll.CHO.OOO. was discovered after the fail ure of the Werner company, an Akron printing concern, which had borrowed heavily from the bank. Walker will appeal. between the two houses having the same number, which might at some future time be availed for an Intervening house, In which case another controversy would arise over the number question. They argued that If any change should be made, the Whittakers' home should be numbered 823 ana an the residences east of It, necessar ily, should be renumbered in sequence with higher numerals. The Whlttaker home oc cupies groung covering sixty-six feet front ago and, therefore by law Is entitled to assume a number for each twenty-two feet of frontage. Miss McCartney explained she was not officially retained as counsel for the de fendants, but was acting as a friend. She has ligured prominently In Omaha aa for mer principal of a public achool, the' sec retary of an educational Institute and as leader In the local woman's suffrage movement and charity work. At one time she was a candidate for office In the city educational department. Miss McCartney's activity In poll, e cot i t Is the first case of a woman in the role of attorney In that court- Mr. Bryan- From the Spokesman-Review. DEMOS ARE JJP IN THE AIR On Anxious Seat as to What Mr. Bryan Will Say. PEEVISHNESS IS VERY APPARENT Both Jacks and Jlnia Are Keeping Quiet as to ae Situation -Smaller Hall le4 for Mr. Bryan's Visit. Peevishness Is very appavent among most of the local democrats leaders touching the meeting to be . held ; Tuesday evening at Washington hall, wh, h Mr. Bryan Is to address on the extstin -political situation In Nebraska. , ' From Mayor Dahla"' and Boss Flyr.n cleain down the line -he old-time Bryan boosters and cronies are keeping the soft pedal on the consultations they hold, and the expressions they give Voice to. , . The turbulent Jv with rare ex-' ceptiona, are keepluVJvtfaa quiet as the Dahlman men. Some of the Jacks are un derstood to be quietly urging the Bryan progrum as the- correct one for the pairty, but their Influence along this Mne In Doug las county Is not expected to upset any preconceived notions of the democratic rank and file and these preconceived and unaltered notions are solidly opposed, ap parently, to the Bryan idea of committing the state organization to second place, be hind the Btrldent prohibitionists. Borne of the Jims are taking solace from the fact that Bryan's new managers in Omaha did not dare to risk opening the Auditorium for the Tuesday night's gather ing. Time was when no other gathering place would have been considered capacious enough for any meeting Mr. Bryan was to address. There was a chill feeling abroad, though, that gave the meeting managers pr.use about hiring the Auditorium. A small crowd will fill Washington hall so there will not be a very noticeable vacuum, whereas the larger building shows vacancy to a freezing degree It it Is not pretty well jammed. Who Will Meet Hrjnnf Considerable curiosity is now aroused as to the personnel of the party that will meet Mr. Bryati and entertain or consult with him after he has sung his peace song to the Tuesday morning function at the Auditorium. Mayor Dalhman will very likely call on him during the day, or the Lincoln prophet may find it convenient to call on the mayor. Beyond an exchange ot personal courtesies, It Is a cinch the public will not witness the real talk to be exchanged by th mayor and the demo cratic control. Mayor Dahlman has made himself understood on the liquor question so plainly that thers seems nothing more to be said, and the line of cleavage be tween the two on this subject is so clearly defined no bridge will cover It. There are certain contingencies pending that the two can very wisely discuss, aside from the liquor question. Governor Shal lenberger and Mr. Bryan have never been warm In the mutual admiration line, while the exact contrary is true of the "spiritual control" man and the 'mayor. Then, who (Continued on Page Two! People who can get along very well with second-hand things, are watch ing the For Sale columns Bee daily. of The Every day someone is advertis ing an article that they do not need, and every day somebody la snap ping up thf-se articles. Y.ou have something about the house that you do not use? What U It? It has value. Somebody wants it, and will pay for it. Call Douglas 238 and tle smbo it to the ad taker and she jwU tell you what an ad will cost to cell it ij art. -"Can that be the presidential bee I Oil and Tobacco Cases Will Be Reargued in Fall Supreme Court Sets November 14 as Date for Rehearing Morse Application Denied. WASHINGTON. May 16. -The supreme court of the United States today fixed November 14 as the date for the rehearing of the tobacco and Standard Oil cases. Charles W. Morse was today denied the filing of an application for a writ of habeas corpus by the supreme court of the United States. The supreme court of the United States today failed to announce a decision in the corporation lay, cases. Kentucky Liquor , Law is Valid Supreme Court of United States Up holds the State License . Tax Statute. WASHINGTON, May 16.-The Btatute of Kentucky passed March 20, 190S, levying a license tax on liquors was declared to be constitutional today by the supreme court of the United States. The court also held the- law applicable to ''double stamped spirits." Holding that the federal courts have Jurisdiction over perjury committed In naturalization proceedings In state courts, the United States supreme court affirmed the Judgment of the federal courts in Cali fornia, which sentenced Ouetave Hollmbren to pay a fine and to Imprisonment for three years on a charge of perjury. Nebraska Grain Elevator Act Void Supreme Court Refuses Rehearing in Case Against Missouri Pacific. wAstiiAuru.x, .May 16. The supreme court today refused a reheurlng of the "ele vator case" of the state of Nebraska agalns tthe Missouri Pacific Railway com pany. The court recently held that the grain elevator law of that state as originally enacted was unconstitutional because, In requiring the railroads of the state to build switches to elevators along their right of way, it took private property without com pensation. St. Joirph Churches Desecrated. ST. JOSEPH, Mo.. May 16..-Vandals or thieve have been doing considerable dam age to Roman Catholic churches here lthin the last week, and last night St Joseph's cathedral was entered. The mile box for the poor was smashed and the con tents taken. At the church of the Immacu late Conception a costly art window was destroyed. Balloon Hunting in Autos Sport for Iowa Farmers A chase for ten miles across country by two farmers traveling In an automobile re sulted In the capture In Iowa of (he "sounding" balloon sent up by the Weather observers at Fort Omaha on the afternoon of Fi Iday, May 13. Once anoid or tne untitling gas hag, M. il. Harned, a Fremont county farmer, had a butt e that came near :os:ng lum his valued sombrero and added spice to the chase. Mr. Harned seized the balloon cords which re leased the partly filled rubber envelope from the parachute covering which sup ports the Instruments. His hat became en tangled in the strings and he found him self standing In the middle of the fields with , the Instrument basket In his hands, while the gas bag started across country with his hearlgeur. Sam Chambers, with whom he had set out on the balloon hunt, brought down the prate balloon with a lucky throw of a stick, which punctured the rubber en velope. When the wounded balloon came down .... . .. . . " within teach, they captured It. and tying uj i,.v w.t,.,,, u.v.s tv iu miucituii, a hear buzzing?" BOOSTERS INVADE DAKOTA Omaha Trade Excursionists Get Wel come Everywhere. AT YANKTON AND SIOUX CITY riate City Hells Hlnai Ont Kvery m here Sioux lltyana Unite to Boom MlMosrl River Mnrkets. FIOUX CITY, la.. May Iff (Special Tele gramsMet at Lostfrvlllo. S. D., this afternoon by Judge E. T. AVhlte, mayor of "Yankton, elected on the commission plan for five years, the Omal'a trade boosters were escorted Into the city famous for Its cement, and taken uptown In auto mobiles decorated with flags. Everywhere flaga were flying and badges of the Yank ton Commercial club bade the visitors wel come. . x ' -. -v W. -efferles tor" the Omahans and Judge White' spoks from a stand In the main street The reception at Yankton Is typical of WhA't the visitors are receiving everywhere. 'In South Dakota, wjie-re ,ivVw friends are being made for the market and South Dakota's astonishing resources are revealed to the Omahans. All day they have passed through an artesian belt, between lakes of water full of fish and by- fields promising good crops as well as corncrlbs still full of 60-cent grain. At Vermilion, the University of South Dakota welcomed the visitors. Elk I'oint, one of the oldest towns in the state, had another ovation waiting. While Sioux City Is no mean city, It was ringing in three minutes with Omaha bells after the party arrived at 7:ro this evening, and marched to the Commercial club rooms for an Informal recptlon by the Slpux City Commercial club. The friendliness of the two cities is said to demonstrate beyond a doubt the co-opera-tlcm going on between them for Mltsiuri river market supremacy. Speaking at Tytidall Monday afternoon, the crowd yelled for more from Jeffe Is when the whistles blew, and the train got behind for a few minutes for the first time. , Today's Route. This is the route of the trade excursion for Tuesday, May 18, the party traveling over the Milwaukee & St. Pnul railway and spending the evening In Scotland, S. D.: Leave. Arrive. Sioux City, la.. :4i am Westfleld. Ia 7:4.am 8:00 am AKron, ia.. N:10am Chataworth, la S :45 am 8:30 am i 8:55 am f .S'i am 9:40 am 10:13 am 10:S am 10:M am 11 :."0 am 1 :00 pm 2::t0 pm S:O0 pm 3::f pm 3:, '5 pm 4 :' pm 4:.V pm S' pm 1:I0 pm Hawarden, Ia 9 07 am Calliope,- la .- !:Hnam Hudson. S. D v. 9:MSam Falrvlew. S. D 10:2 am Belolt. la KI M am Harrisbttrg, S. D 11 20 am Sioux Falls, S. D 11 :W am Canton, S. ..'. l:4fi pm Worthing. S. D 2:Mpm Lennox. S. D 3i j pm Chancellor, S. D ,14'ipm Parker. S. D 1:10 pm Marion Junction. S. D I 13 pm Freeman. S. D R.H) pm Mennn, S. D S:S5 pm Gotland. S. D (1:30 pm midnight All Nrrnmtil? far the llcMs. , GEDDES, S. D., May ll.-(Spe ia I Teh gram.) Under the brightest of sides, the (Continued on Second Puge.) nearby town, with It sailing In the air at the end of a tether tied on the steering post of the automobile. "We had no Idea what the thing was," said Mr. Harned, who came to Omalia Monday. "Looked like It might he a mes sage from Mars or a chantecler hat from where we saw It sailing over the town. We got Into my machine and started after it wlinn It first came In sight. "The Instrument an. tnarintory In that little basket were still going some when we got a hold of It. We stopped It. Afraid the blamed thing might blow up." The ball ion raptured near Anderson, !., Is the second to have been heard from or! that side of the Missouri river. One sent up at Fort Omaha a fw days he for was f:.und near Shenandoah. The balloon which Mr. Harried found came to earth at 7:30 o'clock, two hours and a half after the ascension at Fort Omaha, a distance of fifty miles away. The speed at which th bsllr.nn traveled Indhatea that it reached neignt or several miles int i the pre iiinir west 11 east Winn or the third r,r strata of the aim,nl,r. Th. t.ii I strata oi tne aimopiiero. The balloon was1 shipped to Mount Weather. Va. . a,.c,.rrti,, . f to wis oiiict'-ons ii carrleo- Missouri Law Does nt Permit Re. lease on Bond of Persona Mho Have Bern Convicted of Murder. KANSAS CITY. May lfl.-Hehlnd the bars of the county Jail, Dr. R nrk Hyi,e u confined, convicted of murdering Colonel Thomas H. Swop. his wlfc-'s uncle, on last October 3. The jury, aft,r being out since last Friday, returned Its verdict this morning. The prisoner smiles. Out in her faihlonuble home on Foref avenue, Mrs. Hyde and two sisters of tl. convicted man weep and hope. All of the. believe the supreme court will reverse t.. decision. In Independence Mrs. Logan O. Swo;ie mother. In-law of Dr. Hyde, Is near col lapse. She is glad to be endorsed by a Jury for ciaseless prosecution of. her daughter's husband, but the shock of the conviction . muue ner nervous and weak. She not present today when the verdict returned. was was Dr. Hyde will be sentenced late this week. At first Judge Latshaw thought he would sentence the prisoner Thursday, but It will probably be Saturday. The physician's at torneys will ask for a new trial and then appeal the case. By law, Dr. Hyde cannot now be admitted to ball. Verdict Is Returned. Dr. B. C. Hyde was found guilty at 10-23 today of murdering Colonel Thomas H. ope. ins punishment was fixed at life Imprisonment. "Oh, Clark!" crl'v' Mrs. Hyde when the verdict was read by Judge Latshaw. She threw her arms about his neck and wept illently. Then she patted her hua band on the cheek. Dr. Hyde sat motionless. He looked firmly at Judge Latshaw while the verdict was being received. As the words "Im prisonment in tho state penitentiary during his natural life" were pronounced Ma eyes fell upon the floor. , "Don't orry, dearie," Dr. Hyda said to his wife as she c:asped him In her arms. Mrs. E. N, Hopkins. , and, Mlsa Laura Hyde, sisters or the physician, looked dis tressed, but did tot break down. They tried to cdmfort Mrs. Hyda and appear brave before her. "We hope for the best," they aald "Wa uon i unaersiand this verdict, Innocent." i Clark Is "I haven't lost hope," declared Dr. Hyde. Hyda Taken Back to Cell. Within ten minutes after the verdict had been returned the physician was on his way to his cell. Mrs. Hyde remained In the court room for some time. She was extremely weak. Neither Mrs. Logan O. Swope nor any of htr children except Mrs. Hyde was In the room when the Jury re ported. Tho physician wll bj sentenced In open court by Judge Latshaw either Thursday or Friday. The law allows the defense four days in which to file a motion for a new trial. "Treat that prisoner the same as any other," Judge Latshaw ordered County Marshal Joel B. Mnyea. "Glva him a few privileges and no luxuries." The usual custom of permitting prisoners to send out tfor their meals will apply n Dr. Hyde's case, but he must sleep In a cell. Will Ask ,tr Trial. I will file a motion for a new trial and then take an appeal in the case," said Frank P. Walsh, chief counsel for Dr Hyde. The verdict came unexpectedly. Every at torney in the case had given up hope of me jury, wnicn had been out since Friday night, coming to an agreement. It was reported this morning that one Juryman vowed that he would vote for acquittal "until I die of old age." Judge Latshaw was obviously perturbed by the actions of the Jurymen. Half an hour before the verdict came In he de cided to change his plan of discharging the Jury tomorrow morning, If they did not agree. He plunned to hold them for sev eral days longer. Crowd Quickly (inthera. Only a small crowd was In 'the court room when the announcement came that tho verdict wsa ready. However, the news sprc:id rapidly and every Inch of space In tho court room was occupied when the Jiule took his seat. "There must be absolute quiet In the room," said the court. "The marshal Is ordered to arrest anyone making a demon stration." From out of a little side room Dr. Hyda, his wire ann his sisters walked and sat I down at the defense's table, The overcoat I the physic an hod worn for two davs, aa If j ho were ready to go home was consplo ! uoMsly absent. JudgB W. T. Johnson and John A. Lucas, attornrys for the defense, ceme In and sr.t down. All of the state's attorneys wero present. The Kioup at Dr. Hyde's table was hope ful, but lncllnil to net vousness. lleports unauthorized, but persistent, were that for many hours the vote had been eleven to one for conviction. The arrival at an agreement made It practically certain the physician had b. en found guilty. But In the fnec of all the discouraging pros pects. Mrs. Hyda tried to be brave. "I think It will be all right," she said to her husband, and smiled. Little time was . wasted In reading thr, verdict. The crowd heard It, and, at the marshal's ordeis, aroe and silently trooped out of the room. There was no more con fusion than if the throng had been leaving a theater. Jurors ftn Home, Judge Latshaw thanked each of thn Jurors Individually and then they hurrle.1 k,. i,i iv..v u,.,.. i,.,i . .... .... , , . ' . ' Just five weeks ago today that the trial 1 An hour after the verJkt was reached.