The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-07-01

the strongest cards for the insurance
companies, and it tended to bring on a
doubt of Hillmon having been killed
Mrs. Hillmon sWore positively thar
the body was that of her husband and
she mourned him as dead. The inSur.
ance companies agent set up the claim
that the body was that of Adolph Wall
ters, a cigarmaker. whose home was in
Fort Madison, Ia. In support of this
claim a letter was produced that Wal
ters had written home to relatives from
Wichita, Kas., telling them that he was
about to start on a trip across Kansas
with Hillmon. 1t is charged that was
the last ever heard of Walters, and he
has never turned up alive. The insur-
ance agents charged that Walters was
murdered by Hillmon and Brown.
Some time after the excitement at
tending the exhuming of the body
threats We're made to arrest Brown for
murder, and he made confession stat
ing that the body was not that of Hill
mon. but Walters, whom Hillmon had
Killed. Mrs. Hillmon surrendered her
policies and apparently was ready to
drop the effort to collect on them.
Lawyers finally stepped in and a
suit to collect the $4,000 was instituted.
In the trials that followed Mrs Hill
mon stated that she did not surrender
her policies voluntarily, that she was
IN the hands of enemies whom she sup
posed to be friends: that she was kept
travelling around the country and was
confused. Brown swore that his alleged
confession was wrung from him by
force and through threats that he
would be prosecuted for murder; that
the entire statement was false, and
that he told the truth at the inquest
when he swore that Hillmon was acct
dentally shot
These suits were instituted by Mrs.
Hfllmon in 1880. About December. 1897,
the New York Life Insurance company
settled with Mrs. Hillmon, and in Au-
gust, 1900, the Mutual Life Insurance
company of New York did likewise,
leaving the Connecticut Mutual Life In
surance company as the sole contesting
company.
In 1888 the widow recovered Judgment
on all the policies, but afterwards the
United States supreme court reversed
those judgments. as shown in volume
145 of the United States supreme court
reports, on matters relating to chal-
lenges to jurors. and because a certain
letter purporting to have been written
by one f. A. Walters, was not permit
ted to be read in evidence.
There=were several mis-trials, that is,
the respective juries failed to agree.
Once in 1882, again in 1885, again in
1895, and lastly in 1896. In 1899 the
New York Life Insurance company hav-
ing previously settled, there was trial
of the cases on the policies of the Con-
nectieut Mutual Life Insurance COM
pany and the Mutual Life Insurance
company of New York. resulting in a
in both cases for the full amount
claimed.
Subsequently those companies respec-
lively, separately commenced proceed
ings in error in the United States court
of appeals for the eighth circuit. After
wards on August 6. 1900. the litigation
between the Mutual Life of New York
and Mrs. Hillmon was settled, 1t agree
ing to dismiss its writ of error
The court of appeals for the Eighth
ri, % Judgment against
the Connecticut Mutual, and it after
wards year ago last May. obtained
a writ of certiorari to get the case be-
fore the United States supreme court
for review, where it was again reversed
and the judgment for $11,034, which
sum includes the original $4,000 policy
with interest thereon for more than
twenty years, was set aside
This case has been tried before the
following United States court judges;
Judge Foster of the district of Kan
sas, since deceased, in 1882; Judge Da-
vid J. Brewer then judge of the Eighth
circuit and now assOciate justice of the
supreme court. in 1885; Judge Shiras, OF
the northern district of Iowa, in 1883,
before whom the first Judgment was
recovered; Judge Thomas of the dis
trict of South Dakota, in 1895, now de-
ceased; Judge Williams, of Arkansas.
in 1895 who had a record of having
sentenced to death more murderers
than any other federal judge since the
now deceased; Judge w. c. Hook, of
the district of Kansas. the successor to
Judge Foster, retired, and since de.
ceased, before whom the last trial was
had
Many attorneys Of acknowledged
ability have been connected first and
last with this case upon one or the
other side, but only one is now con-
nected with it who was originally re-
tanned in the litigation, the venerable.
erudite and aggressive counsel for the
plaintiff, Judge L. 3. Wheat, of Leav-
enworth who, with Judge Edward s.
Isham of Chicago, on behalf of the
petitioner, appeared in the supreme
court in the final struggle Judge
Wheat. who has so loyalty and ably
little client of the opposite sex through
the tedious litigation. and has ulti-
mately achieved signal victory in every
one of the numerous and hard-fought
legal battles involved during a period
of nearly twenty-five years, has not
only grown gray by reason of the Sc
we're labors he has performed in con-
nection with this case. but his scanty
locks are now as white as the tradi-
tionaI SHOWS of more than three score
and ten winters which have fallen upon
his head.
Mrs. Hillmon, the plaintiff and hero
inc in this remarkable legal engage
ment between herself and three power
full insurance corporations, is now plain
Mrs Smith, having married for a Sec
ond husband a man bearing that by no
means unwonted surname, after the
suits were commenced. She is slight in
figure plain of features, and about As
years old, and she has always had
faith that she would ultimately win.
RELIANCE VERY FAST.
NJ exu N,.y, Dafardar Kar+ Har RAn0rd