Kansas agitator. [volume] (Garnett, Kan.) 1890-1905, 1898-01-28
VICTORY FOR M'NALL.
NEW YORK LIFE SETTLES
THE HiLLMON CASE.
The Great Insurance Company Tired
of Keeping Up the Fight and Quits
In It's Struggle with the Insurance
Department 1t Cries Enough"


case has thrown up its hands and paid
the claim.
BY the terms agreed to the New York
Life pays the total sum of the Hillmon
claim amounting to over 1000, and
each side pays its own costs. All the
unpaid costs in the federal court now
amount to less than 500.
This appears to be a complete VIC
tory for Insurance Commissioner Webb
NcNall, who after this case had been
fought and refought in the federal
courts until the entire United States
was sick of hearing of it, stepped in
and cut the Gordian knot. He ordered
the companies to pay the claim or quit
business.
With the Judgment of custer against
the Mutual Life of New York against
it in the supreme court the New
/ York Life realized that further fight
would be useless, so the Ilillmon case,
so far as that company is concerned
has been settled and the company at
the beginning of the new license year,
March /, will be readmitted to Kansas
by Webb McNall.
The celebrated Hillmon suit was
brought by Mrs Sallie Il. Hillmon,
the widow of John w. Hillmon, who
prior to 1870 was miner, freighter
and cowboy on the Western plains,
and who insured his life for 5000,
with annual premiums of over 5000 in
the Mutual Life Insurance company
of New York. the Connecticut Mutual
Life Insurance company of Hartford,
and the New York Life Insurance
company of New York, some two or
three months before his disappearance
in March, 1875.
This case has been in the courts for
the last eighteen years and has been
tried by five juries, and no final de-
cision has yet been reached. 1t was
claimed that Hillmon was accidentally
shot at Medicine Lodge, on March II.
1879, by his travelling companion, John
ii. Brown. The insurance companies
claimed that conspiracy was formed,
consisting of Levi Baldwin, John w.
Hillmon and John III. Brown, and that
Frederick Adolphus Walters was muir
dered by Hillmon and his body at
tempted to be palmed off on the COM
panies as Hillmon's.
When a reporter told Webb McNall
that the case against the New York
Life was to be dismissed by Mrs.
Hillmon he was wonderfully pleased.
well, WE'LL" he said, that docs
surprise me-"
Mr.. McNall settled back in his chair
and reflected over the matter for n
moment, when he again gave express
sion to feelings of pleasure at the out
come of the matter.
Upon being asked what action he
would take upon the company's appli-
cation for admission to Kansas, which
will follow the settlement of the suit,
the superintendent said:
"While have no official knowledge
at this time that this settlement has
taken place or is to take place, but If
it proves to be true, so that there is
no more litigation pending in this
state against the New York Life In
surance company for unpaid losses,
and they comply with the terms, con-
ditions and requirements of the in
surancc department of the state of
Kansas, which 1presume will be done,
know of no reason why this depart
ment will not license the New York
Life, not only to transact business in
this state for this year, which would
cover the entire year from March /,
1897, to the last day of February, 1898,
but also for the next license year
When the dead body of John w.
Hillmon was found in the road near
Medicine Lodge in the spring of 1879,
it did not create much of sensation.
Such things were not unusual then.
It was reported as case of accident tai
shooting, his travelling companion,
John w. Brown, admitting that he
did the shooting. A coroner's jury
composed of farmers was empaneled
and it was found that he was killed
accidental and he was buried in Bar
Der county.
Just before Hillmon had started on
his trip to Southern Kansas for the
purpose, as he said of starting sheep
ranch he had taken out 5000 worth
of life insurance divided as follows:
New York Life, $4,000; New York
Mutual. $40, 600 and Conn ecticut Mu.
tual, $1,000.
As soon as the insurance companies
heard of the report of Hillmon's death
they started to investigate. Hillmon's
body was exhumed and taken to Law
renee where another inquest was held
and the body was viewed by many
people who had known Hillmon. The
body was not in a good state of pre-
servation and some people identified it
while others said that it was not the
body of Hillmon.
Then came the demand for pay
ment, which was refused. Soon after
an arrangement was made with Mrs.
Hillmon by which she surrendered
the policies and released the COM
panies, but it was claimed that this
was secured by intimidation, and suit
was brought to collect the amount of
the policies
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