The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-01-19
HOW HIGH WAS HILLMON
Testimony Brought Out Showing Some
Difference of Opinion.


Testimony Brought out Showing Some
Difference of Opinion.
There was a long argument early in
the proceedings of the Hillmon case yes
terday over the admission of the testi-
mony of E. Convey at former trials for the
purpose of impeaching his testimony
given on Thursday, when he told the
jury that there was large mole on Hill
mons back and that he found such a
mark on the body brought to Lawrence.
Judge Thomas decided to admit the
testimony, and then MIR. Geo. ]. Barker,
attorney for the insurance companies,
read the following questions and answers
from the record of u former trial.
@. Now by what particular features II any.
did you recognize the remains as being Hlil3
mons? A. None. nothing more than would
Q. Didn't you recognize him by any particu-
Q. 1t was just an impression you had that
those were the remains OF Hillmon, was 1t not?
@. Was there any peculiarly about Hillmon
by which you could recognize him? A. Not
particularly. no mark that 1 know Of
O. You don't remember OF any marks? A.
No sir.
Covey said that he did not think he
did, or did not remember making the an
swers shown in the record.
The first witness was E. Cannovan He
said that he had lived in Jefferson coun-
ty for thirtytwo years and is engaged in
farming, and that he first knew HillmOn
after August, 1878. That he had known
Levi Baldwin for number of years.
Baldwin told him that Hillmon's remains
were lying in Bailey & Smiths under
taking establishment, and asked him to
go there with him and identify him. He
did so, and only stayed few minutes.
He saw a number of people coming and
going to see the body which was in the
coffin. He thought Hillmon's height
was about the same as his own, in the
neighborhood of 3 feet and II inches,
and HE weight from 165 to 175 pounds.
| On being shown the photo of HillmOn
as exhibited on plaintiffs behalf, and on
behalf of the defendants, he recognized
both as being equally good likenesses
DR.. Patterson, dentist of Kansas City,
was next called to the stand. He had
made a cast of the teeth Of the man said
to be Hllmon. He recognized the cast
shown him as the one he had taken. He
had seen the body photogra pied and
saw Dr. Stewart take lock of hair from
the body. The body was in good state
of preservation. He had noticed mark
on the little finger which appeared 20
have been made by ring.
The next witness was w. W. Standi-
ford of Medicine Lodge. He remem-
bered two men coming to his store in
December. 1878, and telling him their
names were Brown and Hillmon. He
had ten minutes talk with them, and
during this time they told him they were
looking for d ranch, and he had seen
them d second time, also in Medicine
| Lodge. He remembered dead body
being brought to Medicine Lodge in a
wagon. and to the best of his recollection
| the body was that of the person whom
he had seen in the store in December
and who called himself HiIImOn
The next witness for the plaintiff was
Mr.. George P. Ware of Lawrence He
stated he was street commissioner of
Lawrence during the years of 1909 and
that he remembered going to Hillmon
and telling him he would have to work
the road for poll tax. That he only saw
him for a few minutes, and that he would
say that his height was about six feet,
but was not an expert at guessing
height.
A. J. Phillips of Lawrence had met
Hillmon once and said he was five feet
ten inches in height. he estimated Hill
mons height by his own, which was five
feet ten inches This was his army
measurement, which he considered a
sure test of height
John Osborne of jefferson county was
next called. He first met Hillmon at his
uncle's. which was the adjoining farm of
Hilimon from time to time passing and
repassing on horseback. when Hillmon
was herding cattle. Mr. Osborne fur
Their testified that he thought HiIlmon
would be about feet 10, and weight
| from 100 to 10 pounds. He also testi-
fed that he remembered going to see
the body which was in Bailey & Smiths
| establishment at Lawrence. That the
/ body was in the coffin. That he re-
NAMED in there about five minutes or
so, and that he thought the body
was Hillmon's. Witness further stated
/ that he had not given evidence on the
coroner's inquest, nor had he testified at
any previous trial of the case; but could
I give no reason for such omission.
A portion of the afternoon was taken
up with reading deposition of Mrs Mary
/ JudsOn, taken on behalf of the plaintiff.
Mrs. Judson has died since the last trial.
The point attempted to be proved by her
was that she was not permitted to see the
body brought to Lawrence.
The hearing of the case was adjourned
last night to 10 o'clock Monday morning.
Good housekeeping can be reduced to
| a science with the aid of Dr. Prices
Cream Baking Powder