The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-01
THEY ARE STILL TALKING
Attorneys Arguing in the Hi1Imon Case
Judge Foster Testifies.

Attorneys Arguing in the HnImon Case
Judge Foster Testiies.
The wrangle over the admissibility of
the evidence of w. j. Buchan has
dragged through nearly three days in
the Hillmon trial The point in conten-
ton is whether Buchan, who was the
attorney of John FL. Brown. shall be al
lowed to testify about transactions be-
tween him and Brown. The attorneys
for Mrs. Hillmon claim that the transac-
tons were between attorney and client,
and are inadmissable. The defense
claim that Brown testified concerning
the transactions in former trials, and that
therefore Buchan is privileged to testify
now concerning them.
Yesterday the defense put Judge Eos
ter, United States district court, upon the
stand. Judge Foster was presiding
judge at the Leavenworth trial in 1882,
and knows all the circumstances in re-
gard to the testimony given by John II.
Brown on that trial. He said that Brown
on his direct examination testified freely
and fully in regard to all the transactions
which took place between himself and
w. J. Buchan at Lexington and Park
vile, Mo-, and at Leavenworth and Wyan-
dotte, Kan; and that he further gave tes-
timony regarding the confession which
| he made to Mr.. Buchan of there being a
that Hillmon had committed murder, and
was still alive.
Plaintiffs attorneys made motion to
strike out all the testimony of Judge
| Foster, stating thatit was q most unheard
of proceeding for the defense to take,
which motion was denied by the court.
Mr.. George J. Barker, one OF counsel
| for the defense, next testified that he was
present at the 1882 trial at Leavenworth,
1 hat T0h n
was examined as witness for the plain
tiff; that Brown testified upon his di-
rect examination in regard to all the
meetings, conversations and circum-
stances which took place between him
self and W. J. Buchan at Parkville and
Lexington, and at Leavenworth and
| Wyandotte; that he did so voluntarily,
and had not claimed his privilege by re-
fusing to testify to the conversations be-
tween himself and his attorney; that
Mr.. Buchan also testified at the same
trial in regard to the confession which ].
II. Brown had made to him, known as
the John Fl. Brown confession, and in re-
/ gard to all other matters when
Mrs. Hillmon and Reuben Brown
and others were present; that in
such examination, although Brown was
present. he never objected nor did any
one in his behalf, or any person repre-
senting him, ever object TO sucn tesfl-
mony when it was given by Mr.. Buchan.
After Mr.. Barker left the witness
stand, both the plaintiff and defendants
put in evidence the subpRnas issued for
John 81. Brown at the 1882 trial at Leav-
enworth. Finally it was decided by the
court that the defense should put in more
testimony in regard to the fact that John
T. Brown was under the control of the
plaintiff, and testified voluntarily on her
| behalf
The deposition of George Lewis was
next read. Mr.. Lewis stated that he had
been for quite time Mr.. Hillmon's bar
Der, and that he had noticed scar on
his head, and had also noticed that eth
er one or two of his front upper front
teeth were out Court then adjourned
at $50 until next Tuesday at 2 O'clock.