The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-03-31

discrepancy is conclusive proof of the
truthfulness of the evidence, while, if
they all testified to the exact tooth or
teeth, it would be conclusive proof of
perjury.
shall now discuss brify a few of the
remarks made to you by my Brother
dutchings, There being little. if any evil
dence on the plaintiffs side as to the
identity of the body, her counsel are
forced TO try this case by vituperation,
by distorting tho evidence, by imputing
false motives, by cheap "clap trap" and
by statements that are wholly false.
"Mr. Hutohings' statement as to what
took place between SeIig Griffith and
uation and at the coroner's inquest is not
borne out by the evidence.
"Mr. Hutchings asks that all out wit
nesses should each testify to exactly the
same fact, and in exactly the
same year, and because men,
DRY is moe or less failible, and be-
cause there are, as there must be, in all
true testimony minor discrepancies not
in the facts but in the node of express
ion, such witnesses are all hirelings of
the companies and perjurers. Mrs.
Hillmon and Levi Baldwin are the only
honest witnesses in this case and all the
others are perjurers.
"Mr. Hutchings, gentlemen, tells you
that Major Wiseman received $4,000
from the insurance companies. When
he made this statement he knew it to be
untrue. He knew that Major Wiseman
testified that he sued the companies FOR
So, 500 and was defeated. but anything to
win this suit is the motto of the other
side.
"Mr. Hutchings tells you that the Hill
NOR family have come voluntarily to sv-
cry trial of this case to testify for the de-
fence. He knew this to be false. He
| knew that they were subpoenaed and
were brought against their will by the
strong arm of the law, but what matters
the trn: h SO long as they win this case?
e. 'PaL'Healy, one of the best known Cit
liens, of Wichita, known to every one
there and also in Topeka, comes before
you gentlemen to testify, and is at once
branded by this gentIcmanly attorney
for the plaintiff a perjurer and scoug-
drei because he comes and testifies 10 the
truth.
THE whole argument of the other side
is that the defendant witnesses are per-
jurers, the defendants witnesses neariy
as bad and all the actions of the defend
ant companies fraudulent
passing strange it is that the Hillmon
family testify for the defense and not a
single relative of Mrs. HilImon's testify
for her? Where are her mother, her
brothers and sisters? Where is Alva Bald
win, who knew it was not Hillmon? Mrs.
Hilmon and Levi Baldwin alone bolster
up this case.
at is for you, gentlemen, to say wheth-
er this gigantic fraud of the century
shall flourish and bear fruit. It is for
you TO decide whether such dark and
abhorrent crimes as this evidence details
shall receive approval by IL honest Kan
sans!
'1f for the sake of profit a band of
conspirators can blind the eyes of intelli-
gent men SO that murder is condoned,
paliated or overlooked, then it is time
that. this shrine of justice be closed for
ever
"nave you ever considered, gentlemen,
that all of US have not originally got the
same number of teeth3 There are many
people who can have two and sometimes
four teeth gone from each jaw and there
will be no space leftf And have you
ever considered that a person might lose
two teeth and in time the ether teeth fill
| up such portion of the vacant space
that in a few years it appears as though
the person had only lost ono tooth2 Or.
again, the width of different persons
teeth is very different-some are narrow.
some are wide. What might appear az
a vacant space representing two teeth,
mig hit only have one tooth gone and vice
versa. The fact remains. gentlemen, and
it cannot be oontroverted, and there is no
endeavor to controvert it except by Mrs.
Hillmon, that Hillmon had defective, de-
cayed and missing teeth. And every
one of the HUlmon family who have
testified in this case have the same de-
fective teeth.
"We now come to the scar on Hill
mons hand and head. Mrs. Hillmon an
others claim they did not see any scar;
but there are scars and scars. There are
scars plainly visible and scars only vis-
BILE on inspection. And because Mrs
Hillmon and her one or two witnesses
testify neg atively that they never saw
such scars, such evidence is of no value
when compared to defendants witnesses,
whe testify that they cav these scars.
And will only quote two of these wit
nesses, which alone are conclusive as to
these scars, Namely Hillmon's brother
in-law, w. W. Nichols, who was with him
when Hillmon's gun exploded and in
jured his thumb, and George Lewis, Hill
mons barber, who frequently cut his
hair, and as BARRIERS would naturally take
notice he noticed the scar on his hand.
'And there is another small matter,
in itself of not much consequence, but
when taken with the circumstances in
this case, shows you how little reliance
can be placed upon Mrs. Hillmon's testi-
mony. She swears most positively that
HiIImon neither smoked nor chewed
and when hard pressed as TO how she
knew what Hillmon did all these years
he was on the plains, she tried to show
that even there and then he did not
smoke or chew. While on the other
hand we have Hillmon's brother stating
that he smoked, and we have other Wit
nesses stating that he both smoked and
chewed.
~ shall now take up the question of
the general Identification of the body. |
Seven witnesses appear before you and
testify that the body brought TO Law
renee was the body of Hillmon. On the |
other hand, twenty-five witnes ses ap-
pear before you and testify that it was
not the body of Hillmon, Which will |