The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-03-28
P. HEELEY KNEW WALTERS
FIiIImon, Brown and Walters at Wich-
ita Together.
ALL THREE OF THEM LEFT TOGETHER

ing tine Late IuQ$S Th4enGEs
The defense yesterday morning called
their last witness in the person of Mr..
Patrick Heeley of Wichita. Mr.. Heeley
testified that he had been a resident of
Wichita since 1876; that in the years
1883 he was engaged in the real estate
business in that city, and also bought
and sold railroad tickets; that his
Office at that time was on the
| corner of Douglas and Emporia
avenues; that he knew Fred
A. Walters, and had been acquainted
with him for one or two months prior to
the first week in March, 1879, and that
during that time saw him daily, and
sometimes several times q day, with the
exception of times when the witness
went out of town; that Walters handled
railroad tickets for him, and also brought
in any customers for real estate; that he
also knew John W. Hillmon and John
H. Brown, having met them with Wal
tiers in several places, and that he saw
Mr. Hillmon not less than four times, and
probably many times more; that he
thought Mr.. Walters stayed, while in
or small boarding house near
there; that Walters told him that
Mr.. Hillmon had engaged him to go into
the cattle business with Hillmon and
Brown in Barber county; that the last
time he saw Walters was about o'clock
p. IN. of some day a week or SO before
the reported killing of Hillmon in Bar
Der county; that Mr. Walters came and
babe witness good bye before leaving
that evening with Hillmon and Brown;
that witness asked Walters to see Mr..
Knight, who was a freighter between
Wichita and Medicine Lodge, and who
resided in Medicine Lodge, and request
Mr.. Knight to bring in a load of cedar
posts and that Walters was also to write
| to witness, but that witness had never
heard from Walters and never
saw him afterwards. The witness
stated that he had never testi-
fed in this case before; that he had not
PENDANTS until yesterday. and that he
was not requested to come and testify in
the case until Thursday last, when Mr..
Baker of St. Louis, asked him to do SO;
that he went to Mr.. Bakers office at the
request of Mr. A. W. Oliver of St.
Louis; that witness had previously told
Maio Wiseman of these facts.
MIR. George j. Barker. one of the at
torneys for the defense then went upon
the stand and testified that he had been
attorney in this case ever since it was
commenced; that he had not known or
heard of Mr.. Heeley until a few days
ago and that Major Wiseman had never
told him that Mr.. Heeley had given him
the information testified to today.
Mr. j.. w. Green, another counsel for
the defendants, testified that he had been
attorney in the case since April II. 1879.
Mr.. Green's testimony regarding the new
witness Patrick Heelev, swas similar to
that of Mr. Barker.
Mr.. Barker. for the insurance compan-
les, then stated that the defense rested
their case.
Evidence in Rebuttal.
Fl. s. Clark, of Lawrence, testified that
in the year 1879 he resided in Lawrence,
and was sheriff of Douglas county; that
he remember the fact of examina alton
of a dead body claimed to be that of
Hillmon, and also the coroner's inquest
over the body; that he had notified Mrs
Hillmon to attend the inquest; that he
knew John Fl. Brown.
DR.. Hibben of Topeka was then put on
by the plaintiff to give expert testimony
regarding the subject of vaccination.
The doctor testified that he had practiced
mekicine number of years and had had
considerable experience with vaccina-
ton; that it took from 90 to 25 DAYS
from the insertion of the virus into the
arm until the vaccine scab exfoliated, or
scaled off, in normal cases; that in
special cases it might be prolonged
three months; that he thinks he could
Eot tell the age of a vaccine sore on
dead body after dessication begins; that
he had performed an autopsy on one
dead body, and found no food in the
stomach; that a body elongated after
death; that decomposition might set in |
first where there were injuries; that a
body loses some weight after death; that |
there is no reason why, after death, one
cannot tell a primary from a secondary
vaccine sore.
DIR. Neeley testified next for the plain |
tiff on this subject of vaccination, and |
gave a most learned exposition on the |
process of vaccination, the principal !
points affecting this case being that one |
can tell the age of d typical vaccine sore, |
and that one can also tell primary from |
a secondary sore.
Mr. McVeigh also testified upon the |
subject of vaccination. The doctor stat |
ed that he could not tell on examination |
of the scab-vaccine scab on the arm of a |
body II days dead, the time of the inser- |
within several days.
The plaintiff then offered the deposit |
ton of John J. Jones taken in Colorado |
several years ago. This testimony was !
to the effect that in July, 1879. and from |
that time until January. 1899, the wit
ness resided in Colorado, and worked the |
Robinson lode near Leadville; that he /
remembered the circumstance of a man I
coming there las testifie TO by mir.
Chas. Hay, witness for defendantJ: that |
the man referred to would not be over
feet 8 inches tall
The rebuttal testimony CT Levi Bald |
win as given at the trial of this case last |
year was then offered in evidence by the
plaintiff, and allowed to be read over the
objection of the defendants. The counsel |
for the defense objected to this testimony
for several reasons, the principal ground /
of objection being tina. Lney had no op-
portunity to cross examine the witness; |
also that the rebuttal testimony given at /
the last trial, would not be in rebuttal to
testimony given at the present trial