The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-01-16
HILLMON CASE.
A Summary of the Case Again
Being Heard.
THREE JURIES HAVE TRIED IT.
The Testimony That Esas Been Given
in This the Fourth Trial.

The Testimony That Esas Been Given
in This the Fourth Trial.
The Hillmon case now being heard in
the United States circuit court will prob
ably continue month.
This is a suit brought by Mrs. Sallie E.
Hillmon, claiming to be the widow of
one John W. Hillmon, who prior to 1879
was a miner, freighter and cowboy on
the western plains, and who insured his
life for $25, 900, with annual premiums of
over 5000 in the Mutual Life Insur-
ance company of New York, the Con-
necticut Mutual Life Insurance company
of Hartford, and the New York Life In
surance company of New York. some
| two or three months before bis disap-
pearance in March, 1879.
This case has been in the courts for
the last fifteen years, has been tried by
three iuries, and no final decision has yet
| been reached. The plaintiff claims that
| her husband was accidentally shot at
| Medicine Lodge, on March II, 1879, by
his travelling companion, John Fl. Brown.
| The defendants claim that a conspiracy
was formed consisting of Levi Baldwin,
John w. Hillmon and John FL. Brown
and that Hillmon's life was insured, and
that Frederick Adolphus Walters was
murdered by Hillmon, and his body at
tempted to be palmed of on the compan-
les as Hillmon's.
The plaintiffs attorneys are L. B.
Wheat of Leavenworth, Sam Riggs of
Lawrence, Qdinton s. Quinton of Topeka
and r. G. Borgalthaus, late of Lawrence,
now of Minneapolis. The defendants
attorneys are Gleed Ware &c GIeed Of
Topeka, George J. Barker of Lawrence,
J. w. Green of Lawrence and w. r.
Smith of Kansas City, Kan.
Al the frat DAVIS trial last weak lam
uary 9, the whole of the day was taken
up in securing a jury, and finally the fol-
lowing jurors were accepted by both
parties: W. W. Wells, Joseph Young,
]. w. McGhee, Charles S Uhl M. w.
Whitney, s. W. Carney, Fred Clifford,
George Dryer. L. J. Sprinkle. II. Barth-
olonew, W. E. Dennison and W. s. Chap
| man.
At the second days trial Mr.. Riggs
opened for the plaintiff most fully. Mr..
Green replied on behalf of the defend
ants ON the afternoon of the same day.
His remarks gave a statement of the
facts of his side of the case.
Mrs. HillmOn was the first witness
called to the stand, and her evidence was
confined to proving the receipt of the
policies. Mrs Hillmon gives her evil
dence in a very decided manner.
The third days proceedings opened
!
stand. This gentleman is brother of
the John II. Brown, " no made the con-
fession that there was a onspiracy tc
defraud the insurance companies, anC
that HiIlmon had shot a stranger anC
palmed off his body as that of John w
Hillmon.
He admitted that he had repeatedly
urged his brother, John H., to make tn,
confession in question, and that hi
brother had refused until finally over
come by his persuasion, using the word
that he had advised his brother to turr
"state's evidence" When asked Oh
cross examination what he understood
] turning Estates evidence" to be
| much to the astonishmont of all he said
, that turning states evidence was whel
person had told the truth. that he
should subsequently tell lie to seek i'm
: munity from the consequence of havins
previously told the truth. When pressed
. by MT. Barker he said that he had re
peatedly. urged his brother to comics
what he knew to be false, that Hillmoi
had murdered a man in cold blood, auC
to defraud Mrs HiIImon out of her $50,
900 insurance on her husbands life, il
order to save himself trouble.
In the afternoon of the same day, Mr.
J. W. Green, who is the we'll known
, dean of the university law school, AM
! one OF the attorneys for the defendants
! was gained to the stand by the plaintiff
Mr.. Green testified that he was count,
3 attorney at Lawrence, in the year 1875
( That coming to his office one morning
4 he was informed by several citizens, tina
I the body of man was lying in Bailey
l Smiths undertaking establishment Tha
t it was claimed to be that of John w
Hillmon, but a number of people haC
viewed it. and were of the opinion tina
! it was not We further testified that b,
i was told that John H Brown, the wit
ness of the shooting, was then being ex
! amined in DR.. Barker's office. and tina
he Immediately went there, and afte
listening to the explanations of tn,
shooting, as given by Brown, he was con
WINGED that it was impossible for tn,
shooting to have occurred as re
lated. This, and other supple
ious circumstances caused him t.
visit the coroner, DR.. Myrris, anC
request him to hold coroner's inquest
That such inquest was impaneled anC