The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-11
REBUTTAL EVIDENCE.
Levi Baldwin Makes Sweeping Contradict
tons in the HiIImon Trial.

Levi Baldwin Makes sweeping Contradic-
lions in the HiIImon Trial.
Court assembled at 10 o'clock on Sat
urday morning, when the plaintiff COM
menced to put on her rebuttal evidence.
The first thing done was the offering
evidence of the official appointment Of
James s. Crew as receiver of the Simp-
son bank, Lawrence, dated in 1878.
Mr. Levi Baldwin was the first witness
in rebuttal, and testified as follows: ~
that he did not pay the premiums on
Hillmon's life insurance. as testified to
by j. 8. Crew, and as sworn to in the con-
fession of John 81. Brown; ~ that Alva
Baldwin did not exclaim, at the Medicine
Lodge graveyard, referring to the body
there, "that amt Hillmon;" 81 that Hill
mon never used tobacco in any form,
as testified to by Mr. Bebout and
others. a. that Hillmon never had
any scar on the hand as testified to
for the defense by numerous witnesses
who saw it; ~ that he never told MIR.
Carr that the witness and HillmOn were
''mixed up in scheme to get money" as
testified by DR.. Carr; (6) that he never
told DR.. Phillips that sit would be a good
scheme to get Hillmon's life insured,
have him disappear and then pass off the
body of 'greaser' upon the companies"
as testified TO by DR.. Phillips; (7) that he
never arranged with Hillmon and
Brown to insure Hillmon's life and palm
off another body on the companies as
that of Hillmon." as sworn to in the con-
| fession of Brown ~ that he never
talked with Major Wiseman about ''in-
surfing the life of Hillmon, and never
went with Hillmon to get his life in
sured,' as testified to by both Mr.. Wise
man and Mr.. Griffith; (9) that he never
had Hillmon's life insurance policies as
testified to by Senator Thacher; (10) that
/ he never gave Hillmon's policies to Mr..
Wheat to sue on, as testified to by Mr..
Buchan; Q1) that he never went with
Hillmon to Dentist Howe when Hillmon
went to have a plate made for three
teeth.
While this witness was giving his test
imony, MIR. Isham for the defense OBJ
jected to this witness whom defendants
claim and set up in their defense as be-
ing the originator of the conspiracy to
! defraud the companies, and as being an
! accessory to the murder of Walters, COM
| ing in and denying in this wholesale
manner the testimony given by such a
| large number of Witnesses; that the
plaintiff knew perfectly we'll that the de-
| Tense claimed that Baldwin was the arch
conspirator, and that it was incumbent
upon her to use him in their evidence in
| chief and prove conclusively to the court
and jury that he, Levi Baldwin was not
| engaged in conspiracy, instead of
| bringing him in as a rebuttal witness on
these points to give evidence which prac-
tically was evidence in chief, and not
| evidence in rebuttal at all Mr.. Bark r
| objected to the witness being allowed to
rebut the evidence given by N Nor Wise
man as the exclamation made by Alva
| Baldwin, taking the position that Alva
| Baldwin was the proper witness to
| deny what it is claimed he stated, and
| that it was somewhat strange to find that
although Alva Baldwin was we'll &C.
quainted with Hillmon and saw the body,
that he was neither witness for plaintiff
at the coroner's inquest, nor any proceed
ing or this trial of this case; and that
this witness should not be allowed to give
negative testimony when Aiva Baldwin
was known to be living in Ohio, and
could, if he were willing, come forward
and give his version of what he really
did say at Medicine Lodge cemetery. Sir.
Baldwin testified that he was so heavily
indebted before leaving Lawrence, and
had been sued so frequently, that he had
not the slightest idea of what his indebt-
edness was or to whom it had been in
Cured; that he had no desire to remem-
Der such things.
Mr.. II s. Clark, who was deputy sheriff
of Douglas county in 1879, was the next
witness put on the staud by plaintiff in
rebuttal. Mr.. Clark testified that
he is at present in the real
estate business at Lawrence; that
he had served upon Mrs. Hillmon,
in 10 subpoena, at the request of the
coroner. DR.. Morris, to produce
at the coroner's inquest held
over the body at Lawrence, all the pho.
tographs she had of her husband. John
w. Hillmon. The photographs she
brought was tintype containing full
length portrait of John H Brown and
John w. Hillmon and two photographs
of Hillmon, exhibited respectively by
the plaintiff and defendants Witness
also stated that he was given by the
county attorney, Mr.. Green, a warrant
signed by the coroner for the arrest OF
John II. Brown for the murder of an un-
known man, but that witness never
succeeded in arresting him and he did
not know whether Deputy BrockeIsby
had him arrested or not. Mr. Clark ad-
mitted after considerable amount OF
: hesitation that he was financially inter
ested in the result of the present suit
Frank Brooks of Lawrence was the
next witness called by the plaintiff in re-
initial He aaid thai in 1870 h.. r-,.a roov