The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-06-09


BETTERT0N g. HOPKINS,
DALLAS. TEXAS.
obtained to-day with little difficulty.
the case started, and the ATTORNEYS
warned by Judge Brewer that he could
not give more than two weeks to the
trial, and they must get themselves
down to work and cause no needless
delay. The supposed widow, sad-eyed
ana In mourning, faced the jury. Most
OF the day was consumed in reading
the deposition of John IL. Brown.
THE POINT AT ISSUE.
On the one side IL ia claimed that
John Hillman, who had $4,000 insur-
ance ON his life was accidentally killed
near Medicine Lodge, in Barbour
basing her claim thereon the widow, in
whose favor the policies were made,
sues for the insurance. On the other
side tits alleged that there was a plot,
which resulted In the murder OF man
and an attempt to palm his body off as
that OF Hillman, in order to get the in.
surance. Sallie Il. Hillm an, tho
alleged widow, sues tho Mutual Life
insurance Company, Of New York, for
$4,000, the New York Life Insurance
Company for $4,000 and the Connect
icut Mutual Lite Insurance Company,
of Hartford, for 5000,
October IL, 1878, j. w. Hillman mar
ried Sarah Il. Quinn at Lawrence, Kan.
sas. About December l of the same
year he had his life insured in these
three companies for the amounts
named. In the latter part OF December
and the first part ofJanuary following,
Hiilman, in company with Il. Brown,
made trip through southwestern Kan
sas, from Wichita TO Medicine Lodge,
Sun City, Larned, Great Bend, Sterling,
and back again to Wichita, where they
made their headquarters for a few
weeks. Hillman soon after made two
trips TO Lawrence, staying a few DAYS
each time, remeded some defects in
the description OF his person in
the policies, got vaccinated, ut
the request OF the companies,
and returned to Wichita the last time
about March |, 1879. HiIlman and
Brown LETT Wichita for the southwest
again March 8. Brown subsequently
testified at the examination in Lawrence
that it was their intention to look up a
location In southwestern Kansas for a
stock ranch; they went through Medi-
I cine Lodge, Barbour County, and
camped for the night on the bank of
creek at a point about fifteen miles
northwest of that place. that they re-
manned in camp all day; they had in
tended TO break and return to Medicine
Lodge, but the weather was cold and
disagfeeable and they decided 10 re-
main.
TIE ALLEGED ACCIDENTAL KILLING OF
HILLNAN,
Nt..nV. ~.
killing of Hillman: "After we had
eaten supper stepped to the wagon to
take out the bedding. took out a quilt
and laid it on top Of the wagon wheel.
then turned to take out the rest OF the
bedding, but found Sharpe rifle in the
way, the stock resting on the blankets
and the muzzlo sticking out Of the
wagonbed. grasped the barrel of the
| gun in my right hand to remove II, and
in doing so carelessly pointed tho muz.
zle over my shoulder and toward Hill
man, who stood behind me by the fire,
eight or ten feet from the wagon. Some.
thing caught the lock and the
gun was discharged. l dropped
1t .o,,nl Immediately and turned
Jumped and caught him as ss'YSg NJ wss
falling. / noticed blood ON Hillman's
face and heard him moan. laid the
wounded man on the ground by the
fire, and mounted horse and rode TO
a house three quarters of mile down
the creek. There found Mr.. Graves,
who returned with NE 10 the camp,
Hillman was dead, and, directing me
not to touch the body, Graves rode off
after help. He returned in about half
an hour, during which time several
men had come into camp, having been
told of the accident by Graves. II was
found that the ball struck Hillman in
the right side Of the head just above the
ear, passed through the head and cams
out almost exactly opposite whore II
entered"
Coroner Paddock, of Barbour County,
held an inquest, and the Jury decided
that the body Was that of j. w. Hill
man, and that he was killed by the ac
cidental discharge of a gun in the hands
or j. ii. Brown. The body was buried
at the Medicine Lodge.
QUESTIONING THE IDENTITY OF THE
CORPSE.
When the matter of obtaining the in
surance was raised the agents Law
renee, through whom the policies had
been procured, questioned the Identity
OF the deceased, and asked for
further examination OF the body. Two
or three parties who were well no.
quainted with Hillman went TO Modi.
cine Lodge for that purpose. After
they had started 1t was do
cided to send Colonel Sam Walker
down and have the body sent to Law
renee. Col Walker arrived day be-
hind the first party and found that the
body had not been taken up, because
the authorities objected, The colonel,
hnWHXnr huH Nhst a /
took the remains 10 Lawrence. j, H,
Brown, who claimed TO have accident
ally killed Hillman, came with Walker.
While, on the one hand, II was claimed
That this removal and the subsequent
inquest az Lawrence were warranted
under the circumstances, on the other |
hand, 1t was claimed that the whole |
proceeding was entirely unwRrranted |
and. illegal, and that tho Identification |
OF the body as that OF Hillman had been
settled by the Barbour County inquest. |
When the body arrived at Lawrence,
County Attorney J. w. Green, assisted
by George j. Barker and Coroner Nor
MS, instituted an inquiry into the idon-
lily OF the person killed aud the manner
OF the killing. A great deal of
Mrs. Hillman, the wife OF the deceased,
and Levi Balwin and Arthur Judson,
friends OF Hillman, were positive that
tho body was that of Hiilman. They
did not know 1t by any particular marks
upon 1t, but by It's general appearance.
Other witnesses who had known Hill
man testified that the body was not his,
but that OF an unknown man. The body
had been hauled 70 miles In lumber
wagon and then shipped by rail TO Law.
rence,arrlyipg therel7 days aftor death.
IL had decomposed considerably and
shruuken out Of shape, 30 that there
were many difficulties In the way of
identification. Witnesses well &C.
quainted with Hillman aWore point
blank against each other. Height,
teeth, features, hair, age and other
marks came in for hot dispute. The
vaccine soab was on the arm In Just the
place whore IL was on Hillman, but the
companies claimed IL was younger than
Hillman
AN UNKNOWN MURDERED MAN.