The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-01-22
ONE CLAIM PAID
New York Life Company Pays
Mrs. HilImon.
TITLE Is TRANSFERRED
Fight of Eighteen Years at
Last Settled.

The famous Hillmon insurance case,
which has been fought through five trials
I'll the last eighteen years, was settled
yesterday so far as the claim against
the New York Life Insurance company
is concerned. Hrlmon was insured in
this company for $4,000, but upon what
basis the compromise was made cannot
be ascertained, as the attorneys on both
sides are close as clans. One report has
it that Mrs. Hillmon receives the full
amount of her claim, $4,000, and interest,
amounting to 81, 900.
A document filed at late hour yester-
day in the federal court at Topeka by
Mrs. HillmOn's attorney, c. F. Hutchins
of Kansas City, is not strictly dismissal
of the case, as it simply transfers Mrs.
Hillmon's right and title TO the claim TO
James F. Lord, a director Of the New
York Life Insurance company.
This is simply the company's preferred
technical preliminary to having the case
dismissed and getting rid OF the suit.
When Insurance Commissioner Webb
McNall was apprised of the New York
Life's action in settling the claim yes
terday noon, he promptly granted its at
torneys a license for the year almost past,
and ending February IS, 1898. and also
for the next license year. 1t is held that
this renders valid any business the COM
pany may have done the past year with
out license.
1t was their refusal to settle the Hill
mon claims upon which Commissioner Nc
Nall based his action in refusing the Ii
censes of the three interested companies
last March.
The case has been tried five times. The
first tria Twas at Leavenworth in June
1882. The jury failed to agree, seven be-
ing for the plaintiff and five for the de-
PENDANT. The second trial was at Leav-
enworths in June. 1885. The jury again
failed to agree. the vote standing six to
six. The third trial was at Topeka, re-
sulting III q verdict for the plaintiff. The
case went to the supreme court, where
the judgment of the lower court was re-
versed The next trial was before Judge
Thomas of North Dakota and eleven jury
men stood out for Mrs. Hilmon. The lone
man who hung the jury was NJ. H: Young
of Marion, Kan. A fifth trial was had
before Judge Williams, the jury standing
five to seven in favor of Mrs. Hillrnon.
The sixth trial has been set for Feb
ruary IA. 1893. in Wichita, and will yet
be tried unless the Mutual Life and Con-
necticut Mutual follow the example set
by the New York Life and compromise
the claims.
The Mutual Life was one of these, and
Is at present barred from the state by
judgment of custer from the supreme
court. The Connecticut Mutual is abiding
by McNaH's action in revoking its license
hnd has made no fight. The New York
Life brought suit against McNan for
damages. Later the suit was dropped
suddenly.
The charge has been made that this
company has been soliciting business in
this state without license and a quo
warranto proceeding is pending in the
supreme court, brought by the attorney
general to compel the company to show
why it is transacting business without a
license.
1t is not known whether this case will
he dropped, but the action of the insur-
Rnce commissioner in granting a license
for the year past to the New York Life
makes it uncertain whether or not the
case may properly be tried.
John W. Hillmon. who IS supposed to
have been shot through the head al Medi-
cine Lodge March It. 1879, had life in
surance as follows: In the New York
Life $4,000; in the Mutual Life, S1o,O00
and in the Connecticut Mutual. 5000.
1t was claimed that Hillmon was acct
dentally shot by his travelling companion,
John II. Brown The insurance COM
panies claimed that a conspiracy was
formed, consisting Of Levi Baldwin, John
w. Hillmon and John II. Brown, and that
TIillmon's life was insured ad that Fred
erick Walters hired man. was murdered
by Hnlmon and his body attempted to he
palmed off on the companies as Hill
mons.
HIllmon Brown and Mrs. Hillmon came