The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-03-19

ton. The doctor testified that he had
made a model of the teeth OF the dead
body at Bailey s. Smiths undertaking
establishment in the early part of April,
1879; that the body was we'll preserved,
there being no evidence of decomposl-
ton; that there were thirty-two teeth in
a wonderful state of preservation, being
perfect and none missing; that he next
saw the body at the cemetery
where it was photographer; that
there was considerable change
in its appearance. that the hair was
rumpled, and that DR.. Stewart pulled out
lock of the hair for Identification; that
there seemed to be a white mark be-
tween the second and third joints of the
little finger on the left hand, as ii at
some time the body might have worn
ring. The plaster cast made by him was
then shown to the jury.
The deposition of Philip B. BrlIey OF
Barber comfy was then read. This wit
ness stated that he lived at Crooked
Creek, Kansas; that he had seen two per-
sons passing his place in wagon about
a mile from the house; that they camped
near his place; that he met one of the
men in the evening, and that the party
told him his name of Brown; that the
next morning this same person calling
himself Brown, came to his house and
told him that his comrade had shot him
self.
The deposition of another Barber
county witness then followed-that of
Mr.. VIM Higgins, who testified that he
resided in Barber county in 1879; THAT
hs saw the de ad body brought to Medi-
cine Lodge. claimed to be that of John
w. Hillmon. that he stayed over night
with the corpse, in company with Mr.
Chadwick. John II. Brown and Others
Plaintiff next read the deposition of g.
W. Paddock, who testified that he held
49, III o.
day of March in Barber county, Kansas;
that on the person of the dead man was
found pocket book containing $25, some
letters and key; that there was Valise
in the wagon in which wagon the dead
man and Brown had been travelling;
that ne turned over tho effects to John II.
Brown; that the hair of the dead body
was dark and inclined to be wavy.
To introduce the testimony of W. W.
Stamford, who the prosecution claimed
was living without the Jurisdiction of the
court, Mr.. McNeal was called to the
stand and testified that he knew Mr..
Stamford and that he was
living 264 miles from this place
Whereupou the evidence of W.
W. Stamford, given at the
last trial of this case in Topeka, 1885, was
then read by Mr.. Nettles, from his
stenographic notes taken at that time
and place. Mr.. Stamford testified that
in 1879, he was engaged in selling goods
and handling stock in Medicine Lodge;
that he knew Squire Paddock of that
place, and first saw the dead body in a
wagon; that to the best Of his recollec-
ton he had seen the body while in life;
that the man had been in his store in the
December previous; that while in the
store he remained there probably about
10 minutes.
Following, the deposition of John W.
faIy
Der county, was read: This witness testi-
fed that he had seen the dead body
claimed to be Hillmon, while in life with
John II. Brown at Ilefs livery stable in
Medicine Lodge during the month of
December or November, 1873; that it was
very cold that year, and that he first saw
Brown and his companion at 1lef's livery
stable at Medicine Lodge.
Mr.. Nettlss was then called upon by
the attorneys for Mrs. HillmoD, to read
the testimony of witness John Eldridge,
which was given at the last trial of this
case, and by Mr.. Nettels reported, this
party also being out of the jur addiction of
this court Mr. Eldridge testified that he
had known John w. Hillmon; that Levi
Baldwin called for him to go and view
the remains brought TO Lawrence, from
Medicine Lodge in April, 1879, claimed
to be that of Hillmon; that he went, and
that in his opinion the body was that of
HiIlmon; that a great number of persons
were going in and out; that. HilImon's hair
was a little wavy when long.
The deposition of Mr.. Ferguson was
then read, which stated that witness had
lived in Medicine Lodge; that he did not
see the body claimed to be Hillmon, at
Crooked Creek, but saw it in Medicine
Lodge; that he saw the dead mans shoes
placed in the trunk.
The deposition of Mr.. Chas. Chad
wick, taken at same time and place as
that of the other Bar Der county witnesses,
was next read by counsel for plaintiff.
Mr.. Chadwick testified that he saw the
dead body at Crooked Creek, on March
10, 1879, claimed to be that of Hillmou;
that the body lay on its back when he
saw it; that there were papers, picture
and pocketbook found in the clothes
upon the dead body; that the ground
where the body lay was bloody.
Mr.. J Frazier's deposition was next
read for plaintiff. This witness testified
that he had seen the dead body at
Crooked Creek on the evening of March
10, 1877; that he made an examination of
the effects; that there was pocketbook
containing $500 found on the body, and
key.
The deposition of D. photograph was
read, which stated in substance that wit
moss had seen two persons who called at
his house anG got one or two meals there
in March, 1879; that such persons called
themselves Hillmon and Brown; that the
dead body brought to Medicine Lodge in
that month, was, in his opinion, the body
of the person calling himself Hllmon;
that he could not describe the appear
ance of the persons or the clothes or
anything egarding the two parties re-
ferred to.
Plaintiff then read the deposition. of
Mr.. Eli Smith taken at same time and
place. MIR. Smith stated that he was
postmaster at Medicine Lodge in 1878;
that a man calling himself Hillmon, re-