The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-02-19

sci, which was sustained by the court In
view of these objections, the defense
moved to strike out Mrs. Hil1mon's testi-
mony in regard to the conversation John
II. Drawn had with her, when the court
decided to rule on the question later on
The defense then called to the stand
Mr.. s. A. Riggs, one of the attorneys for
the plaintiff for the purpose of identify
ing an agreement between the counsel
and plaintiff, as to the interest the attor-
neys have in the money issues of this
case He identified the papers and adj
mitted them as his and co-counsePs sig
natures and that these notices had been
served upon the New York Life and sim
liar ones on the Mutual Life aud the
Connecticut Mutual Defendants then
offered them in evidence on the ground
that Mrs Hillmon had only
small interest in the present
held by her attorneys, and that from
the time such agreement was entered in
to that the attorneys became co-conspira-
tors along with Levi Baldwin, John FL.
Brown and Mrs. Hillmon, and that it was
right and proper for the defense to show
how little plaintiffs interest was; and
further. that as Mrs Hillmon had not
given security for costs. that counsel,
being CO. plaintiffs, should be compelled
to do so. Aud further, that it was proof
of Hillmon's financial position, in as
much as it showed he had left no proper
ty whatever to Mrs. Hillmon. Plaintiffs
counsel made long arguments objecting
to them and the court promised to give
his ruling upon the point today.
The deposition of Daniel Walters of
Fl. Madison, Iowa, was next read, his
testimony being to the effect that he had
lived in Fl. Madison since 1868; that he
was married in 1851, and had seven
children, four being living; that he had
a son named Frederick Adolph Waters.
born in 1855; that this son was five feet
eleven inches in height, his weight 100
pounds; that he bad black. very wavy or
curly hair, large heavy roman nose,
small sandy moustache, very prominent
cheek bone, wider through than through
the forehead; perfect teeth, large, long
hands and feet, also long fingers That
he left home in March. 1878;
that his family and sweetheart,
Miss CASTOR, heard from more or less
regularly; that the last heard from him
was in, the beginning of March, 1879,
from Wichita, from where he wrote
them, and that they had never heard
from him since. That upon his letters
ceasing he had consulted the master OF
the Odd Fellows, of which his son was
member, and that getting no information
from them, he then saw the master of
the Masonic lodge, of which witness was
| a member, who communicated with the
master of the Masonic lodge at Wichita,
and that they exchanged letters
| and photos, and to quote his Ian
guage, 81 recognized the photo of
the dead man claimed to be Hill
mon) as my son, Frederick Adolph
| Walters" He further testified that this
son was bitten by a dog when boy.
That it left a slight mark. That this son
was also vaccinated when two years old.
That he had never been injured or
wounded on his person.
Court adjourned at o'clock until to-
| day at 10 a. N before the deposition of
| this witness was completed.
The questions and answers of this
Walters deposition met with a storm of
objections from plaintiffs counsel, which
| were overruled by the court.