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

conviction and sentenced to the peni-
Tertiary. These attorneys, gentlemen,
can not say that either Barker
or myself ever sacrificed a client, or
sacrificed the feelings of a client, that
we ever yet held up client to con-
tumely or disgrace. Neither, gentlemen,
have we endeavored to secure money on
the basis of the murder of an innocent
man. This Client gentlemen, who en-
ployed his attorney to protect him was
asked these questions in order that you
gentlemen may flud some blemish in his
character.
"As l hvve said before. gentlemen,
poverty is no disgrace; l have known
what it is to want money, although l
can not say that l have wanted for the
necessities of life, but I have known
when dollar would come in handy.
But | never wanted it so badly that /
would, in order to get it, betray my
client or hold him up to the con-
tempt of his countrymen. When
Frank Woodruff testified in this
case, he testified as he did
on previous trials. Did they then at
tempt to impeach him in any way? Not
they. Did they attempt by subterfuge
as they did the other witnesses at this
trial by holding up paper and pretend
ing it was the evidence taken at former
trial. and say, Did you not testify SO and
SO at such other trials??' pretending to
thus discredit him, which was a fraud
upon this court. They never put an i'm
peaching question to him. But the man
who was employed to defend him-the
man who stood where l stand now. and
has argued to jury that Frank Wood
ruff was an innocent man, man who be-
lieves as l do, that Frank Woodruff was
and is an innocent man. That man sat
behind the counsel who examined Frank
Woodruff and suggested the questions
to him which would tend to disgrace him
and make him unworthy of belief.
"You have heard, gentlemen, the
eighty or ninety odd witnesses who have
testified for the defense. You have heard
twenty one witnesses who knew Hillmon
well testify that that body at Lawrence
was not that of John w. Hillmon; and
you have heard twenty-six witnesses who
testified tn at it was the body of Walters.
and who thereby testified that that was
not the body of John w. Hillmon. And,
gentlemen, you must believe the testi-
mony given by these forty six witnesses,
or else ratify the plaintiffs claim that
they have come into this court and COM
mitted willful perjury. Are you pre-
pared, gentlemen, to claim that Hill
mons relatives committed perjury? Are
you prepared 10 assert LQdL alters
family committed perjury? l hardly
think so. But rather will you believe
that these forty-six witnesses told the
truth and SO be convinced that it was not
the body of John w. Hillmon, but the
body of Frederick Adolph Walters.
"Gentlemen, seven witnesses come into
this court and solemnly swear that John
w. Hillmon was five feet nine; but these
attorneys on the other side claim that
these witnesses committed puriury: and
they claim that when DIR. Miller wrote
in his account book that Hillmon's
height was five feet nine that he COM
mitted forgery. Here is the book, gen.
tlemen, and you can see for yourself that
the writing is the same as on the other
pages. Gentlemen, would tn ey dare to
claim this forgery if DR.. Miller were
alive? They claim that Dr. Miller
forged this entry.
"You have also heard eighteen or
twenty witnesses testify that Hillmon
had defective teeth; that he had either
one or two teeth out; and because these
witnesses do not all agree as to its being
the same tooth or teeth, these attorneys
claim that these witnesses have come
into this court and committed perjury
Have you ever known a man who
had lost one leg, and have you ever
You will find it almost an impossibility
to remember. So with the teeth; SO
with. the color of hair; so with descrip-
ton of persons appearance. If a
person be absent we cannot describe him
correctly, but will anyone say that be-
cause we cannot do so that we do not
know that person. when we meet him?
Does the fact that he had light brown
when we thought he had dark brown
hair, prove that we do not know him?
| We know him as we know the man
minus one leg, and because we cannot
state which one it is, it does not prove
that be has two legs
"You remember, gentlemen, the Hill
mon family testifying. You remember
MIR. and Mrs Nichols, the sister and
brothers-iu-law of Hillmon, and Mr.. and
Mrs. Nixon. You remember their testl-
flying to Mrs. Hillmon going to the Con-
tinental hotel at Leavenworth dur
ing the first trial to get from them
description of her husband. Strange
proceeding. Have you ever heard,
to others to get a description of her
husband. But, Mrs. Hillmon did get a
description of her husband. These good
people told her that Hillmon had defec-
tive teeth; that he had a scar on his
hand. and that they would be obliged to
testify to this, as being the truth. Where
upon, you will remember, Mrs. HilImon's
strange reply, IF you, his sister, you his
brother-in-law, and you, his friends, will
testify to that, will go and withdraw
my suit and give my husband up to the
authorities What clearer or stronger
proof do you require than that to prove
to you that Mrs. Hillmon, in 1882, knew
that her husband was then alive?
II now come to the question of the
photographs. [ wish you to look at the
front view of the photograph of the
cadaver, the photograph of Walters, and
the photograph of Hillmon. Look al
Hillmon's nose See how it runs straig b
into the forehead. How thin it is at the
base of the frontal bone. Now look a.
the photos of the cadaver of Walters
See how the nose does not run straight
| infO the fnraha ad. $50 how Ii divide "a of