The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-03-23

witness was Q0r0lQR 1OT 11Es Ao0ACks lAdh
Hillmon had one tooth out, and of this
he was positive; that he saw the dead
body at Bailey s. Smiths, and was posi-
tive it was not that of Hillmon. Witness
then identified Hillmon's photograph
taken while in life.
Mr. Ollie Walker being out of the iur-
isdictiea of this court, his testimony
given at q previous trial of the case,
was read by the defense, which
well acquainted with MIR. Hillmon, and
had had-a special reason for his atten-
ton being drawn to the fact that Hillmon
had a missing tooth; that he examined
the body that lay at Bailey & Smiths,
and that such body was not that OF John
w. Hillmon.
The evidence given at a former trial
by Col Sam Walker, was then read, Col.
Walker being now dead. This was as
follows: That Col. Walker had been we'll
acquainted with John W. Rillmon, and
that he remembered that when he, wit
ness, was lying on lounge, that Hillmon
for few moments stood over him, and
witness noticed that Hillmon had a miss
ing tooth in front; that in the early part
of April, 1879, witness went to Medicine
Lodge with Mr. E. G. Tillinghast and
Major Wiseman, to bring to Lawrence
the body claimed to be that of Hillmon,
for the purposes of Identification, as
there was some question on this point;
that when the parties arrived st Medi-
cine Lodge they found Levi and Alva
Baldwin and John H. Brown, Hillmon's
travelling companion, there; that Major
Wiseman insisted upon the body being
exhumed; that witness, remembering
that Hillmon had lost tooth, examined
the teeth of the corpse when taken up
carefully. and found they were perfect,
hain0 and from LhiQ cir
cumstance, and the general appearance.
he was satisfied the body was not that of
John W. Hillmon; that the body was
taken by wagon to Hutchinson, and from
there to Lawrence by rail, where all ar
rived together with the body on the
morning of April 3rd, 1879.
Jordan Neill of Lawrence was the first
witness to testify on Thursday. Mr..
Neill stated that he had lived for forty
two years at Lawrence; that he had
known John w. Hillmon Intimately;
that he rememb ered the circumstance OF
a dead body being brought to that place
and taken to Smith s. Bailey's undertake
ing establishment in April, 1879; that
he was told this was the body of Hill
mon. and went to view the remains, ex-
pecting to see the body of Hillmon, but
that upon inspecting the body carefully,
he satisfied himself that it was not
the body of Johu W. Hill
mon; that he met Levi Baldwin
after going out of the undertaking es-
and told Mr.. Baldwin of
his convictions, and that MI Baldwin re-
piled that it was Hillmon as sure "as
there was God" and told witness the
probabilities were that he would be
called upon to give his evidence upon
the subject, and that if so, asked witness
to swear that it was Hillmon; witness re-
fused TO give any such promise; that SO
far as his memory went, witness had no
recollection of seeing a scar on Hill
mons hand.
Mr.. William Brown, of Douglas county,
Kansas, then took the stand and testified
that Mr. Levi Baldwin lived on an ad-
joining farm to himself, and that he knew
him quite Intimately; that he first became
acquainted with John w. Hillmon in
1871, when MIR. Hillmon was herding
cattle for Mr.. Keller; that both witness
and Hillmon herded cattle for Levi Bald
win. Witness was then asked in regard
to Mr.. Hillmon's teeth, and stated that
had one tooth out. Mr.. Brown
further stated that he had once traded
boots with HiIlmon. and that both wore
a number seven boot; that he went to see
the body claimed to be that of Hillmon,
lying at Bailey & Smiths in Lawrence,
and he was satisfied it was the body of
some other person than Hillmon.
The defense then called MIR. Frank
Woodruff of Joplin, Missouri, formerly
of Lawrence. Kan. Mr.. Woodruff testi-
fed he had lived in Lawrence during
the years 1889; that he was we'll &C.
quainted with Mr.. John W. Hillmon:
that when the body purporting to be
that of Hillmon was brought to Law
renee, Levi Baldwin asked witness to go
and see it, and when told this he fully
expected to see the remains of John w.
but upon inspection of the
corpse was fully satisfied it was the body
of some other person; that he t old Mr..
Baldwin this, and Baldwin asked him as
a favor not to mention it
jas. F. Cameron, who has lived in
Kansas 56 years. testified as follows:
That in 1889 he lived cear Lawrence;
that he was brought up on the adjoining
farm with the Hillmon family near Val
ley Falls; that he had known john W.
intimately for 20 years; that he
saw him the day he left for Wichita. and
never seen him since; that HilImon
had tooth out and that witness had had
a conversation with Hillmon twice re-
g arding the missing tooth, and that their
were certain circumstances connected
with it; that Levi Baldwin was present
during those conversations.
The next witness put on by the defend
ants was MIR. Claud Holiday, who testi-
fed that he had lived in Leavenworth
county for twenty-nine years; lived with
in one of Levi Baldwin's and that he
first became acquainted with Hillmon in
1871 when Hillmon was herding cattle;
that he had tooth out of the upper jaw,
of this fact witness had no doubt; that
visited the body said to be that
of Hillmon, but that it was not Hillmon's
body. The witness was very positive in
regard to this point.
A hr. Barber was next called for the
purpose of identifying the handwriting
Of Dr. Miller
g. w. e. Griffith, one of the most i'm
por;ant witnesses for the defense was
next examined, and testified as
follows: That he now resides in Denver,
but in 1878 g was banker in
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