The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-03-31
JUDGE JAMES W. GREEN
Makes His Argument for the De-
Tense in the HillMOn Case.
1t is a Powerful and COmprehen-
siVe Statement.
Speech Listened to by Many Lawyers
and Others Interested in the Cese.

~S--ANACAhCAA VI TIE JQIy-4I9 pIalIl1ll
claims that her husband, John w. Hill
mon. was accidentally shot and killed
at Crooked creek, on March II, 1879.
The burden of proof is upon her to es-
tablish by preponderance of the evil
dence that her husband was so killed
on that date, by the accidental dis
charge of a gun. Now if she fails to
prove that her husband was so killed,
and that his body was afterwards
brought to Lawrence, she must fail in
this action, and the verdict must be
for the defendants.
I'VE not only allege that he was not
so killed, but we go further and say
that the man killed upon Crooked
|, creek was not John w. HillmOn, but
was one Frederick Adolph Walters. So
far this case is concerned, gentle
men, it is sufficient for US to call upon
her to establish the proof that it was
her husband, and we simply deny; and
if she does not prove by a preponder-
ance of evidence, she can not recover.
So, If you have doubt in your minds
that it was Walters, if we have not
proved to your satisfaction that it was
the body of Walters, then we do not
necessarily have verdict against US,
because the burden of proof is still
upon the plaintiff to show that it was
the body of her husband; and if you
believe that she has not established
that by a preponderance of evidence
then, gentlemen, you can not find for
her. Suppose this action was by the
beneficiary under policy upon the life
of Walters: Is there a man sitting be-
fore me who would not claim that the
evidence given by the various wit
nesses upon the stand here is conclu-
sive that the body was Walters, and
would not each and every one of you
return a verdict against the defend
ants?
John w. Hillmon was young man,
born in Indiana, who came with his
family to near Valley Falls, this state,
where he grew up to young manhood;
his father died and the family was
broken up, and he went out as other
young men have done, to earn his l1v-
ing. We find that he was honestly
earning a living at herding cattle in
Leavenworth county, and that after
wards he was engaged in hunting buff
falo and shipping hides in Texas and
western Kansas; that afterwards he
came back to Lawrence, and in 1872
became acquainted with Levi Baldwin;
that he again left, and came back to
Lawrence in 1873 and renewed his ac-
quaintance with Levi Baldwin, a
cousin of plaintiff.
They tell you gentlemen, that Hill
mon was a man of property, that ne
owned a large wagon train; but they
do not tell you that he never paid out
one cent for it-that there was chat
tel mortgage upon it under the Tex
as laws, and that he sold it, a criminal
Offense pocketed the proceeds, and the
mortgage is still unpaid. Hillmon was
worth the clothes he stood in, no more
no less.
I'VE have alleged that a conspiracy
existed between Levi Baldwin, John w.
Hillmon and John H. Brown to defraUd
the insurance companies out of insur-
ance which these parties should secure
upon the life of John w. HillmOn. What
is the first evidence of this conspiracy?
We find Levi Baldwin, a man formerly
of substance, had lost his money. first
inquiring of, and talking with one Dr.
Phillips, asking DR.. Phillips about life
insurance, and how long it would take
for body to decompose so that it
would not be recognized after death.
and suggesting that it would be a good
ed for q large amount and then going
south and getting the body of some
''greaser" and palmfng him off upon the
insurance Companies They say that
this is improbable, but it is not so. as
the newspapers of our own and other
countries show are filled with
accounts of similar frauds and
murders and it is to prevent
such future similar occurrences
that the companies are contesting this
case for seventeen long years. Bald
was thinking of plan to raise mo, ney
and that he considered this would be
a good plan. We find that afterwards
he said to Mr. Carr, that he and Hill
mon had a scheme, and if 1t came out
all right, he would be well fixed. We
next find HillmOn and Baldwin go
ing to Mr.. Blythe, lawyer at Tonga
nOxie, and also in the fire insurance
business, and conversing with him in
regard to life insurance and how to
collect money in case of death. I ask
each one of you, whether you have
had to do with life insurance or not, if
it is not extraordinary thing for 4
man to voluntarily seek life insurance
rather is it the usual things for life
death trying to get you to insure in
their company? we find them inquir-
ing about life insurance, and how to
collect insurance provided the man
should die! The very last thing a
man thinks of when he takes out a
policy on his life. We next find these
two men at Selig's Office, taking out
policy in the New York Life Insurance
company for $4,000. one in the Connec-
ticut Mutual for $4,000, and another i'll
the New York Life for $4,000.
I'VE next find Major Wiseman COM
ing to Lawrence, and they hunt him up,
and take out $1,000 life insurance with
him in the Mutual Life.
ION the 31st of October, you will re-
member, Hillmon made an application
for $4,000 with the New York Life; on
December q, he made another applica-
ton again with the New York Life for
Sc, 900; on December 10 he makes appli-
cation in the Mutual Life of New York
for $1,000; December "a he makes appli-
cation in the Connecticut for $1,000
which was rejected; and on February
Is, makes application again for s., 900
in the Connecticut Mutual. But the
other side say to you that Hillmon
didn't want this last $1,000 That he
wrote his wife that she might go and
get the money back, that he was going
to return home soon. Now, look at the
bability of that, gentlemenI Now, I
propose to deal with this woman and