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

she was then asked as to whether his
teeth were good OF bad, and that she re-
\ piled that she did not know; that she did
| not state, as Mrs. Hillmon has testified
| to, that Hillmon had perfect teeth; that
she was also asked as to what Hillmon's
height was, aud replied that she did not
know; that she did not state, as Mrs.
Hillmon has testified, that Hillmon's
| height was feet, III inches; that wit
ness saw the body lying in Bailey 6
| Smiths undertaking establishment, and
| that he was positive it was not that of
John W. Hillmon.
Mr.. VIM. Brockelsby was the next wit
ness to testify for the defense, and stated
that in the years 1889 he was city mar
| shall of Lawrence; that in the fall of 1878
he received a letter from McCaney 8
Anderson, Texas, enclosing So and asking
| for certain inform alton in regard to John
w. Hillmon; that on account of this he
| had paid particular attention to Hill
mons personal appearance, and that
from this inspection he was able to ex-
anime more closely the difference be-
tween the body at Lawrence, and Hill
mon, and he was positive the body was
not that of John w. Hillmon. The wit
ness then identified certain small photo
graphs of Hillmon, used as exhibits in
the case for the defense.
Charles Henry Clay was the next wit
ness who testified on the behalf of the
defendants. Mr.. Clay stated that he had
known Hillmon from 1871; that he be-
came acquainted with him when
Mr.. Hillmon was herding cat
tie; that witness worked for
Levi Baldwin in 1878, and met Hillmon
almost every day; that hs saw the body
at Bailey & Smiths in Lawrence, which
was claimed to be that of Hillmon, but
that the body was not that of Hiilmon.
The testimony of DR.. V. q. Miller
given at former trial of the case, was
read, the doctor having died some time
ago. Dr. Miller testified that, he had
examined Hillmon for life insurance in
the Mutual Life of New York; that he
had made close inspection, and that he
noticed Hillmoc had one tooth out; that
he took Hillmon's description of himself
in regard to height, etc, Hillmon
claiming that he was feet II inches,
and that he had so written in his
medical report; that some days after
Hillmon returned and stated that he had
since measured himself. and found that
instead of being feet IL inches, he was
but 5 feet 9 inches, and that witness then
measured Hillmon and found feet
inches to be his exact height; that he
made a memorandum in his ledger to
the effect that Hillmon had called at his
Office and stated that he had made
mistake in the application, that is, that
he was not feet IL inches, but rather.
only feet 8 inches; that witness took
part with the doctors, Drs. Stewart, Full
Ter, Mottram and Morris, in the post
mortem examinat ion of the body said to
be that of John w. Hillmon, under in
structions of the coroner. aud that he al
so saw the body exhumed at the grave
yard at Lawrence; that they found upon
tho body two vaccine marks, or sores,
from IA to 10 days old; that the body
measured in length feet IL inches and
a little more; that he examined the
hands for scars at the cemetery but found
none; that the clothes on the body did
not fit, the pants and coat sleeves being
too short; that in witness judgment the
body at Lawrence was not that of John
w. Hillmon.
The evidence of Mr.. W. 7. Faxon
given at a former trial was next read,
testimony was toAthe effect that Sallie
Quinn, now Mrs. Hillmon, did house
work for mis- family in Lawrence-that he
knew Hillmon-met him when he used
to pay attention to Miss Quinn; that Hill
mon had missing tooth, and that con-
versation took place regarding it, at
which conversation Mrs. Faxon and Sal
lie Quinn, now Mrs. Hillmon, were pres
ent, and that it was this conversation
that fixed the matter Of the missing tooth
in his mind.
The deposition of 81. B. Marshall of
Wichita, was then read by the defense.
This witness testified that he had known
Hillmon, having met him when he was
staying at the Globe House, Wichita, in
February, 1879, where the witness, Hill
mon and one John II. Brown were stay
ing; that Hillmon was either feet or
10 inches, that he had brown hair,
mustache lighter in color and full chin
whiskers, peeked face, and tooth out in
the upper jaw; small hands and feet, and
peculiarities because they took their
meals at the same table, Hillmon
sitting opposite witness, and because
they played checkers frequently to-
gether.
The defense then read the deposition
of D. Sheldon, merchant and lumber
dealer of Medicine Lodge. Mir. Sheldon
remembered he circumstances of
dead body having been brought from
Crooked Creek to Medicine Lodge, and
that it was subsequently taken up; that
two parties negotiated with him for the
lumber to fence in the grave around the
body. The witness on being shown d
picture of Hillmen in life did not recog
nize it as being that of the dead body in =
question.
The deposition of DR.. W. N. Davis of
Medicine Lodge was read. This witness
testified that he was living in Medicine
Lodge In the spring of 1879; that he
remembered the fact of the dead body
claimed to be that of Hillmon being
brought into Medicine Lodge, there
buried, and gu bsequently disinterred, and
taken to Lawrence.
Mr. E. Summerfelt, a hardware mer-
chant of Valley Falls, was then put on
the stand by the defendants, and testified
that he was acquainted with Hillmon;
that when he knew Hillmon he had a
slight decay on one of his teeth; that he
recommended to Hillmon a dentist, and
went with him and waited in the dentists
office while the doctor commenced to