The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-03-24

never seen before; that the man seemed
| about the same size of Hillmon, with dark
very curly hair: that about week or ten
| days after this witness had read in the
newspapers of the reported shooting of
| Hillmon.
Mr. E B. Good of Lawrence was then
called upon and testified that
he was a member of the coroner's jury
! at the inquest held over the dead body
purporting to be that of Hillmon; that
Mrs. Hillmon was present during the
| entire inquest; that an attorney by the
! name of BorgaIthaus, who lived at Law
renee, stated that he was acting for Mrs.
| Hillmon. and examined Witnesses and
made objections to questions put by the
county attorney; that when Mrs. Hillmon
was on the stand, she was asked to give
the condition of her husbands teeth, and
that when asked as TO his height.
| she also replied that she
! did not know and that she had not meas
ured him; that she never stated as she
| has since testified she did at that time,
that MIR -Hillmon's height was feet 11X
| inches, and that his teeth were perfect:
that she was asked the color of his hair,
also the quantity and quality of it. and
| replied that she couldn't say as to the
| color, but as to the quantity he had more
| hair than Mr.. Green.
Another one of the jury who sat at the
person of Mr. James W. Adams. Mr..
Adams testified that he had been one of
the coroner's jury during the inquest
held over the dead body claimed to be
that of Hillmon; that he had known Hill
mon during 1873 and that he saw the body
in question, and that it was not that of
John w. Hillmon; that Mrs. -Hillmon,
when testifying at this inquest, replied
to the question regarding her husbands
height, that she d d not know. that she
had not measured him; that when asked
regarding the condition of his teeth,
stated she did not know anything about
them, and in reply to the question re-
garding his hair, replied that he had
more hair than Mr.. Green; that Mrs. /
Hillmon was present during the entire
inquest, except the first day, and that
Attorney Borgalthaus was there repre-
senting Mrs. Hillmon, and made objec-
tions to questions which were asked by
the county attorney Witness stated that
Mrs. Hillmon did not state, as she has
since testified that she did, that Hillmon
was feet II inches.
The defense then offered in evidence
the contents of the diary which was
found upon the body of the dead man at
Crooked Creek. This diary was read to
the jury by Mr.. W. r. Smith.
The army discharge of John W. Hill
mon was then offered in evidence by the
defendants, showing Hillmon's height to
be feet and inches, but the court
ruled it out
Mr.. E. B. Good was again called to the
stand for the purpose of contradicting
the testimony of Arthur Judson, who in
his testimony had stated that
he had seen Hillmon measured, aud
that he was feet II inches. Mr.. Good
testified that at the coroner's inquest Mr..
Arthur Judson was examined as to Hill
mons height, and stated that he did not 4
know his height; that it was anywhere
between five and six feet. Witness be-
ing asked the question as to whether or
not Arthur Judscn testified at the in
qnsst that Hillmon was feet 111z
inches, replied that Mr.. Judson had not
so testified at the inquest.
w. o. Hubbell of Kansas City, Kan
sas testified that in 1889 he resided in
Lawrence; that he had resided there
from 1874 to 'S5; that he remem bered
the circumstance of dead body
lying at Bailey & Smiths in Law
renee, which was claimed to be that
Of HiIlmon, and remembered the fact of
an inquest being held over it. that he |
was one of the jurors at that inquest;
that he knows Mrs. Hillmon aud that
she testified at thas coroner's inquest,
and that her attorney Mr. Borgalthaus |
was also present; that Mrs. Hillmon was
asked on that occasion, when on the
stand. how tall her husband was, and
height; that she was asked about the
condition of his teeth, and replied that
she did not know; that she was asked
the color of his hair, and to that
replied she did not know; that
she was asked the question as to
whether she recognized the dead body
as being that of her husband, John w.
Hillmon. The court at this point ruled
that the witness could not state what the
reply to that question was. The witness
further testified that Mrs. Hillmon was
present at the inquest during almost the
entire time.
The testimony of Judge Scion O.
Thacher, given at the last trial of this |
case, in 1895, was then read from the
stenographic notes of Mr.. Nettels taken
at that trial. This was to the effect that
Judge Thacher had known Levi
Baldwin in 1879, and for many
year years pI prior to 10. that at. time, time;
that he remembered the circumstance of |
a dead body being brought to Lawrence;
that he saw Baldwin during the coroner's
inquest held over that body, at witness |
office; that Baldwin brought policies of |
life insurance on the life of Hillmon, and |
asked witness to bring suit for the insur- |
ance. Witness was then asked as to |
whether he refused to bring suit, and it |
was held by the court that the question |
could not be answered.
]. W. Green, dean of the school of law
of the university of Kansas, and one of |
the attorneys for the defense, was then |
placed on the stand by the defendants
and testified that he was county attorney |
of Douglas county, Kansas, in 1888:
that he knew Geo. w. Baldridge, the STE
nographer who had taken the evidence
at the coroner's inquest at Lawrence:
that Mr.. Bsldridge had afterward ex
tended his notes, and that on being
placed as q witness on the stand during
the first trial of this case, and being I'M
able to testify from independent