The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-03-19
A FIFTH HILLMON TRIAL.
1t is Now Drawing to a Climax in
Topeka.
COMPLETE REVIEW OF THE EVIDENCE
Up to Date and the Present Status of
the Case i'm she kansas Federal

The Hillmon case that has been on
trial in the federal court here before
Judge Williams for nearly two weeks is
now approaching point where interest
in 1t will be aroused again, namely, the
time when Judge Williams will render
his decision. This is the fifth trial of
the case. The following is a summary of
the plaintiffs case, which closed Mon
day:
The first witness called on behalf of
the plaintiff in this case was JOS Ras-
koph, who testified regarding the heig hit
of John w. Hillmon, claiming the same
to be 5 feet and 10 or IL inches; also that
he would weigh about 1876 pounds. Wit
ness stated that he did not pay particular
attention to the teeth of Hillmon. He
testified to seeing the dead body brought
to Lawrence in April, 1879, claimed to be
that of Hillmon. and that he thought it
was the body of John w. Hillmon.
DR.. N. Simmons, physician Of Law
renee, testified that he first remem bered
seeing John w. Hillmon in 1872 and
would guess his height at about feet
IL Inches; that he never noticed any de-
feet about his teeth; that he had never
seen him only few times; that he once
treated him for the bruise on the nose.
The third witness for plaintiff was Mr.
nAAP OAmSb6aN, WIN tS0tAn00 EAdh Lii
mon was about the height of himself;
that he did not notice anything defective
about his teeth; that he had seen Hill
mon about three times, and to his best
knowledge and belief, the dead body
brought to Lawrence in April, 1879, from
Medicine Lodge, Kansas, was that of
Hillmon; that witness never testified in
this case until the present trial.
Mr.. Edward Caravan testified for the
prosecution that he frat met John w.
Hillmon in August, 1878; that he met
him several times subsequently. during
the last six months of that year; that in
his opinion Hillmon's height was about
5-10 but he would not be positive; that
he paid no attention to HilImon's teeth,
and could give no opinion upon that sub
ject; that he knew Levi Baldwin, and
that Levi Baldwin had asked him
to go and view the remains of
the man brought to Lawrence. and
placed at Bailey & Smiths undertaking
rooms, in April, 1879; that he went ex-
pecting to see the body of Hiilmon, re-
manned two or three minutes, and was of
the opinion that it was Hillmon's body;
that great numbers of people were pass
ing in and out of the undertaking es-
Enlistment.
The plaintiff then called John Osborne,
who testified that he had known John
w. Hillmon in life; had seen him
number of times; that he remembered
body being brought to Lawrence, April
1879, from Medicine Lodge which was
claimed to be that of Hillmon; that he,
with about three other friends visited the
remains while lying in the undertaking
establishment of Bailey & smith, Law
renee; that at first glance he considered
the body that of Hillmon; that the body
was we'll preserved--witness guessed Hill
mons height at feet, 10 or II inches.
1ha 6anOsifinn nf Mrs Mary .In6Gn0
at whose house tho plaintiff had lived
both before and after her marriage, was
next read. Mrs. Judson stated in sub
stance regarding Identification that she
had never noticed HiIlmon's teeth, nor
any scar on the hands. and that his hair
was dark brown and wavy.
The deposition of DIR. AlOnzo Fuller
taken some years ago was then read, in
which the doctor had stated that he re-
membersd an inquest being held at
Lawrence in April, 1879, over a body
purporting to be that of J. w. HilImon;
that the inquest was under the control
of the coroner; that he was engaged by
the coroner to examine the body; that
the body had been stripped aud thor
ough examination made; that as a result
he noticed no scars or marks except vac
cination marks; that there were no scars
on the legs.
Levi Baldwin, an important witness
for the plaintiff is out of the jurisdiction
of the court, and plaintiff introduced
trial of this case in 1895,
before Judge Thomas, having the same
read by MIR. Nettles, the stenographer
for plaintiff at that trial, from his short
hand notes. This witness testified that
he was second cousin of the plaintiff;
that he first made John w. Hiilmon's
acquaintance in 1871 or 2; that Hillmon
was herding cattle for him (witness);
that after that time Hillmon was mining
in Colorado; that Hillmon later went
southwest with John H. Brown, and
that he saw him two or three weeks
after that, since which he had never
seen him alive again; that he went at
plaintiffs request to Medicine Lodge to
Investigate regarding the body of the
man killed near there, reported to be
Hillmon; that day or two after his ar
rival at Medicine Lodge Col Samuel
Walker, Major Wiseman, and a Mr..
Tillinghast Joined them; that he was
engaged at the time in putting a fence
around the grave where the body
had been buried; that the grave
was opened, the coffin open
ed, the coat sleeve on the
corpse cut open, and they saw that the
body had been vaccinated; that the body
was then taken from Medicine Lodge to
Hutchinson by Wagon, and from dutch
inson to Lawrence by rail; that John H.
Brown and witness brother Alva went
with it; that on arriving at Lawrence
the body was taken to Bailey & Smiths
undertaking esta blishment; that witness
saw John Eldridge and told him to go
and identify the remains of Hiilmon;
also saw Edward Canavan, and told him
to go; and possibly one or two others;
that witness saw the remains two or three
times, and that the body exhumed at
Medicine Lodge and taken to Lawrence
was that of Hillmon.
Mr. A. J. Phillips then stated on be-
half of the plaintiff that he had no par
ticular acquaintance with John w. Hill