The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-02-07
THEnILLMON TRIAL.
COntin uatiOn of the Testimony in Tn
Case.

From the arguments 1t appears that Den
fist Howe's deposition Is to the effect that
shortly before Hillmon's disappearance,
he had made in Lawrence. a plate with
three false teeth for John w. Hillmon,
and that the plaintiff objects to Tvs intro
duction on the ground that it is privi-
legged communication between a phvsi-
clan and patient, and that such under
the laws of the state of Kan
sas, could not testify. The dis
cussion on this subject took some two
hours, and on its conclusion the court de-
cided to decide the question this morn
ing, after which the remainder of the
deposition of photographer LamOn was
read In this there was nothing very
startling beyond the fact that a Dir. Bor-
galthaus, an attorney, had interviewed
Mr.. Lamon on Mrs. Hillmon's behalf,
which fact was brought out for the pur-
pose of coutradicting Mrs. Hillmon's tes-
timony, that Mr.. Borgalthaus was not
her attorney. Mr.. Green for the defense
then offered in evidence the photo
graphs referred to in Mr.. Lannon's
farmer of Jefferson County, Kan
sas, was tho next witness for
the defense. He testified that he
was brother in-law of Hillmon, and was
buffalo hunting on the plains in 1876
and '76 lie testified also that he was
intimately acquainted with the entire
Hillmon family, and with John w. Hill
mon in particular, and had hunted buff
falo with him on the plains. and that
some time prior to the year 1915, he had
noticed that Hillmon had an imperfect
upper front tooth; and he further testified
that ne was with Hiilmon hunting bnffalo
when a cartridge in Hillmon's rife ex-
plOded and injured the thumb ON Hill
mons right hand, and that for considera-
BILE time afterwards he had to carry his
hand in a sling. Then he noticed after
wards that the hand that was injured
showed quite a scar, and that such scar
was the subject of discussion between
himself and Hillmon. That he was ac-
quainted with plaintiff in the case, and
that he first met her at his residence in
Jefferson county just prior to the first
trial of this case, and that Mrs. Hillmon
gave as her reason for calling. that the
trial was coming off, and that she wanted
him as a witness for her, and wanted
him to describe to her any peculiarities
by which her husband could be identi-
fed, and that he mentioned to her the
subject of the missing tooth and scar on
his hand, describing how he had re-
ceived it, and what it had subse-
quently looked like after it was
healed. That on his coming
to Leavenworth to attend the
trial in the interest of the defendants,
that Mrs. Hillmon went up to him on the
street and earnestly requested him not
to testify anything about Mr. Hiilmon's
missing tooth, or about the injury and
scar on his hand. That witness refused
to comply with her request, and stated
that he would tell the truth. Witness
then identified the small photograph of
Hillmon which was shown him by Mr..
loft
one of the defendants' exhibits Wit
ness testified that it was a good likeness
of Mr.. Hillmon.
Mr.. Thos. jefferson Schlepy, a farmer
and stock man of jefferson county, Kan
sas, was next called for the defense. He
testified that he had been a far
mer and stock man 81 years next
April That he was d cousin of John w.
Hillmon. That he was intimately &C
1uainted with the whole Hillmon family.
That he first knew John W. HiIlmon in
the year 1857, and that during their
acquaintanship, that he noticed at one
time that Hillmon had a decayed upper
front tooth, and that afterwards the tooth
had disappeared, leaving vacant space.
He also testified shat Hillmon had a scar
on the top of his head; that it was notice
able, and he remem bered it because ne
had similar scar in the exact same place.
exhibit of defendants as a good picture
of Hillmon, and when shown the two
pictures of the dead body claimed to be
that of Hillmon, he denied that they
were those of Hillmon, and insisted they
were pictures of some one whom he had
never known in life He further testi-
fed that Hillmon had light brown hair
and wore mustache and goatee.
| George A. Nichols, another brother-in-
law of Hillmon, next testified for the de-
| Tense, that he had been farmer all his
| life. and lived in Washington courtyard
| had lived within two and balf miles of
! Benz amin Hillmon, John w. Hillmon's
| father. That he knew the whole family
/ consisting of Benjamin Hillmon and
wife, and their children, Henry, John
| W., William, Marther and Mary
| Hillmon. That he first met John W.
Hillmon in 1864, and that from that on
| they were comrades together, and he
| knew him better than he did any other
boy or man since That John W. Hill
| mon was two years older than himself.
| That he had been with both Henry aud
John w. Hillmon in different parts of
! Texas and Kansas during several years.
! That in April, 1877, he stayed at the
house of John W. Hillmon from Friday
to Monday, and that an injury which
Hillmon had received by the explosion
of the cartridge il loading his rifle, was
one of the subjects of discussion be-
tween them. That Hillmon exhibited
his hand showing the scar, and that he
handled the hand. Witness here gave a
graphic description of the wound, its
length and general appearance He also
testified that he was positive that at one
time Hillmon had an upper front tooth dis
colored by decay, and that some years
afterwards that tooth had gone. That
he might have had other decayed teeth
but that he had not noticed them That
| Henry Hillmon. John w. Hillmon's
| brother, had more teeth out than in; that
they consisted principally of stumps.
That witness and John W. Hillmon were
exactly the same. height, namely, five feet
and nine inches. and that HilImon wore
a number seven boot. Witness was then