The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-18

Bailey q Smith. unuortak0rs at Law
renee, Meet train with wagon, take body,
have grave dug immediately This was
the means, gentlemen, that Levi Bald
win took to destroy the identity of the
body, the intention being to bury it i'm
mediately on its arrival; not to take it to
Mrs. Hillmon's house; not to have Mrs
HilImon look at it; but to take it and
bury it out of sight before anyone could
identify it. That. gentlemen, was Bald
wins intention. We also find Major
Wiseman sending a telegram from
Hutchinson to Mr.. Griffith at Lawrence
asking him to call on Mrs. Hillmo and
get q description of her husband, espec-
tally az regarded the condition of the
teeth You will remember, gentlemen,
that both Major Wiseman and Colonel
Walker knew that Hillmon had missing
teeth and when they found the body had
a complete set of teeth. they wired Grit
fifth not to find out if Hillmon had miss
ing teeth, but to ascertain what the con-
dition of his teeth was, and you will re-
member Mrs Hillmon told them she did
not know what the condition of her hus-
| bands teeth was.
"The body arrived at Lawrence. 1t
was taken to Bailey s. Smiths, and an
inquest WAS held, because it was common
| talk on the streets and in the press of
Lawrence that it was not the body of
been foully murdered, and the coroner
was bound by the statute of Kansas to
hold such an inquest, for it states that
whenever a body is found in or being in
a county when the circumstances of its
death are suspicious that the coroner and
county attorney are compelled to hold
an inquest and that inquest, gentlemen,
was held in accordance with the law.
and yet the gentlemen on the other side
tell you that it was a bogus inquest;
which is only another of their rash and
extravagant statements. And, gentle
men, at that inquest the plaintiff and
| Levi Baldwin and John II. Brown could
| only bring six witnesses to testify that
that was the body of Hillmon. Think
of it, gentlemen. This was the home of
Hillmon, where he lived, and was mar
ried, and where his friends were, and
yet, among them all, they were only able
| to bring six witnesses from the city of
! Lawrence and county of Douglas Only
| think OF it, gentlemen. six Witnesses
"At that inquest, gentlemen, Mrs. Hill
mon was present each day. lou have been
/ told how unseemly her behavior was.
She tells you she was not present; that she
was there only short portion of one day.
| But, gentlemen, she was there every day
of the inquest Four of the coroner's
jury and the coroner himself have testi-
fed to this. Not only was she present,
but she was represented by her attorney,
Mr.. Borgalthaus, who examined witness
es and whom the coroner asked the last
day, Mr.. Borg althaus, have you any
more Witnesses to call, or any more wit
nesses to ask?' DR.. Morris says that
Borgalthaus represented her, and, gen
tlemen, attorneys do not attend courts for
their health, but attend and examine
witnesses because they are retained to
do So
"These attorneys tell you also, gentle
men, that we suppressed the notes taken
at the coroner's inquest That is a lie. We
put the stenOgrapher who took those
notes on the stand at the first trial
to testify as to the evidence given
at the coroner's inquest Think you, that
these gentlemanly attorneys wanted those
notes read? Not they. That was far
from their idea. They objected to us
reading them, and on account of their
objection we were prevented. Aud be-
cause that stenographer was so unfQrtu-
nate as to die and become mouldering
dust, these attorneys have the audacity
to come before you gentlemen and tell
you that we suppressed and destroyed
that evidence.
"They have also howled at every trial,
and you have heard them at this one,
about the trunk. I brought it to the first
trial and they refused to open it. 1t has
been at their disposal at every trial. 1t
has been here for sixty long days, and
there it remains. And yet they tell you
that l suppressed the evidence of that
trunk. Suppress evidence! What do
they mean?
EsThey tell you also that we destroyed
the hair that was taken from the body at
Lawrence; that we suppressed that evil
dence. Was there ever fouler state
ment? What is the truth? The truth is,
gentlemen, as you know, that the hair
was taken from the body by Drs. Miller
and Stuart, and part of it given to the
other side and at every previous trial of
this case we have put that hair in evil
dence, strong in the belief that it was
evidence for US. But, gentlemen, they
heard DR.. Stuart testify that he had lost
the hair sicce the last trial; they heard
it, they knew it to be true, and yet we
have them coming here and telling you,
gentlemen, that we have suppressed this
evidence. Gentlemen, can you believe
such statements as these? hey called
DR.. Stuart d contemplate perjurer. You
saw that dignified. pleasant, honest look
ing gentleman, and you know whether
this vile attack is true. They have also
called DR.. Miller perjured villain be-
cause he divided some of the hair of the
body with them. Suppress testimony,
gentlemen. They know not what they
say. They know not the meaning of the
} phrase. They tell you that we sup
pressed evidence, because we took sew.
} eral pictures of the body, one half being
given to the other side. That is what
they call suppressing evidence. They
also tell you that we suppressed John H.
: Brown. You know. gentlemen, who
suppressed John II. Brown. Who pre-
vented John II. Brown from giving his
testimony at this trial, but these self
same gentlemen? They had John Il
} Brown in court for sixty days but were
afraid to use him.
@Here is another sample of their mode
J of dealing with this ease. Mr.. Riggs
: read you part of the testimony given by
} / DR.. Simmons. DR. Simmons is a repu
table man, the present mayor of Law