The herald., 1898-01-22
Mrs. HilImOn Collects the
Insurance
FIRE TRIALS IN THE COURTS
THEN THE PARTIES CONCLUDE
TO SETTLE
The Action Marks One Step Toward
an End of the Kansas Insurance
Rate War
.ssociated Press Special Wire

Associated Press Special Wire
TOPEKA. Kan, Jam 21-The famous
Hillmon insurance case, which has been
fought through, five trials, was settled
today. so far as the claim against the
New York Life Insurance company is
concerned.
Hillmon was insured in this company
for $4,000, but upon what basis the COM
promise was made cannot be ascer-
tanned, as the attorneys on both sides
absolutely refuse to talk One report has
it that Mrs. Hillmon receives the full
amount OF her claim, $4,000 and inter
est, amounting to $1,000.
When Insurance Commissioner Webb
McNall was apprised of the New York
Life's action in settling the Hillmon
claim this afternoon, he promptly grant
ed its attorneys a license for the year
almost past and ending February, 1885,
and also for the next license year.
This, McNall said tonight, renders
valid any business the company might
have done the past year without Ii
cense. 1t was the refusal to settle the
Commissioner McNall based his action
in revoking the licenses of the inter-
ested companies last March.
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
McNalls action in revoking its license
al, N1Nn Nnx
Life brought suit against McNall 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 quo warranto proceeding is pend
ing in the supreme court, brought by the
attorney general, to compel the COM
pany to show why it is transacting bus
mess without license
Attorney-GeneralB Boyle refused to say
whether or not this case will be dropped;
indeed, the action of the insurance COM
missioner in granting a license for the
year past 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 at
Medicine Lodge, March II, 1879, had life
insurance as follows: New York Life,
$40, 900; Mutual Life, $4,000, and in the
Connecticut Mutual, $4,000. 1t was claim
ed that Hillmon was accidentally shot
by his travelling companion, John H.
Brown. The insurance companies
claimed conspiracy was formed, con-
sisting of Levi Baldwin. John W. Hill
mon and John H. Brown, and that Hill
mons life was insured and that Fred
erick Adolphus Walters was murdered
by Hillmon and his body attempted to
be palmed off on the companies as Hill
mons. The case has been tried five
times. The first trial was at Leaven-
worth, June. 1882. The jury failed to
agree, seven being for the plaintiff and
| five for the defendant. The second trial
was at Leavenworth in June, 1885. The
jury again failed to agree, the vote
standing six to six. The third trial was
| at Topeka resulting in a verdict for the
plaintiff. The case went to the supreme
court, where the judgment of the lower
court was reversed. The next trial was
before Judge Thomas of North Dakota,
and eleven jurymen stood out for Mrs.
Hillmon. A fifth trial was had before
Judge Williams, the jury standing five
to seven in favor of Mrs. Hillmon.
The sixth trial was set for Feb. IA
1898, and will be tried unless the Mutual
Life and Connecticut Mutual follow the
example set by the New York company
and compromise the claims.
The document filed at late hour to-
night with George F. Sharritt, clerk OF
the federal court by Mrs. Hillmon's at
torney, c. F. Hutchins, is not a dis
missal of the case, although the law
yers declare that it is practically what II
amounts to.
1t simply transfers Mrs. Hillmon's
! right and title to the claim to one James
F. Lord, who, it is understood, is a di.
rector of the company.