The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-12
FIFTY PER CENT AND ALL
DISBURS EVENTS.

HiIlmon Case.
Court reassembled with the largest
crowd OF spectators present that has yet
been in attendance at this trial The
proceedings opened by the plaintiff put
ting on the stand Mr.. Thomas J. Title,
who testified that he was a stenogr apher
living in Kansas City; that he reported
the first trial of this case for the de-
PENDANTS, and was by them paid; that
Notwithstanding such fact he came vol
UNFAIRLY to this court and testified for the
plaintiff. He further stated that he had
no independent recollection of the evil
dence given at that trial, without refer :
ring to his notes. Upon referring to
these he stated that Mr.. Geo. Nichols
at such trial had testified that
his height was about five feet
nine and half inches, and that HilImon
was about the same he thought, but
would not be certain of it Mr.. Title
next read from his notes a part of the
testimony of W. w Nichols. to the effect
that he did not notice whether Hillmon
had defective teeth or not. and that he,
Nichols, was present when Hillmon's
hand was injured. Continuing to read
from his notes, Mr.. Title went on to
state that DR.. Mottram at that trial testi-
fed that they put two boards, one at the
foot and one at the head of the body,
distance by pole, and that Hillmon had
light brown hair.
Plaintiff then offered in evidence the
defendants testimony taken at the trial
before Judge Brewer, as given by several
witnesses. To this Mr.. Green for de-
PENDANTS objected on the ground that the
plaintiffs attorney had obtained
this book from defendants, (Which
was their private property, for
the distinct and specific pur-
pose of referring to the testi-
mony of certain witnesses only and with
the promise that they would not look at
the evidence therein of any others, or
use such evidence therein reported of any
witnesses whose testimony had not
already been read at the present trial;
that notwithstanding this they now Of
fered in court q transcript of the same,
thereby proving they had not kept their
word.
Plaintiff then put Mr.. Green on the
stand, who testified that he had no indie
pendent recollection of the evidence
given by Col Walker, Ollie Walker,
George Lewis, Dr. Miller. VIM. Faxon,
Major Wiseman, Mr.. Bnchan and DR..
Mottram. He'was then shown the Con-
necticut Mutual medical report, wherein
appears the change from the figures 5
feet inches, to feet II inches, and
stated that such application had been in
the possession of the counsel for
as at this trial of the case, and that none
of the counsel for defendants had made
these alterations.
Mr.. Riggs was then called to the stand
by the plaintiff and shown this medical
report of the Connecticut Mutual, and
testified that it had been used at the four
trials of the case. He admitted it had
been in the possession of the plaintiffs
attorneys, but that SO far as he knew, no
alteration had been made by them.
Witness then admitted that all of the
attorneys for the plaintiff were interested
financially in the result of the case; that
all the expenses had been met by them,
and Mrs Hiilmon's interest was what
was left over after deducIiug for account
of her attorneys, fifty per cent of the
amount recoverable, and all disburse-
ments of every nature whatever. The
witness then produced locket contain
ing a piece of hair stated to have been
taken from the head of the corpse at
Lawrence.
The deposition of John J. Jones was
next read by the plaintiff. This witness
stated that in July, 1879. he was working
in the "Robinson Lode" near Leadville,
Colorado; that there were with him
Messrs Hay, Brooks and Haggerty, and
that while working there one day q
stranger arrived, who subsequently took
dinner with them, and that after the de-
parture of the stranger, Mr.. Hay told
them that was John W. Hillmon, who
was claimed to have been shot a few
months before, but who was mixed up
in a conspiracy to defraud the in
surance companies. Witness was
then shown plaintiffs exhibit
photography of Hillmon, and stated that
it did not look like the stTRn ger; that he
had never previously, to his knowledge,
seen the stranger, and that he was not
acquainted with Hillmon.
Mrs. Hillmon then took the stand for
few moments, and identified plaintiffs
photograph of Hillmon already in evil
dence, but stated that she did not know
where it had come from, or know any
thing about it. and that she did not re-
ceive it from Baldwin; but on being told
| by her counsel, that she was wrong,
stated that abe now remembered all
| about it, and that she had received it
| from Baldwin. She also stated that said
photo was not at the coroner's inquest,
but was at first trial in 1882.
Plaintiff then offered in evidence four
letters written to FL. S. Clark by C. r.
| Walters, brother of Frederick Adolph
| Walters. These letters were in answer
to letters from Clark to Walters, stating
| that the body at Lawrence was not that
of Walters brother, ETC., and Walters
replies were to the effect his mother was
nearly deranged over the positive knowl-
edge that it was her son. and any proof
which could be furnished that her son
was still alive, would be thankfully re-
ceived by the writer. The writer
had no desire in any way to help the in
surance companies. All he wished was
to find out the actual truth as to whether
it was his brother. and if it was his
brother that had been murdered, he
would pursue the murderer to the end.
He had no desire to judge hastily, and
| asked Dir. Clark to forward him photo
graphs of the body of the murdered
man. and of Hillmon when in life. At
the close of this evidence, court adj
iourned until o'clock this morning.