Medicine Lodge Cresset from Medicine Lodge, Kansas • Page 1

i MEDICINE LODGE ORESSET. VOLUME XXV. MEDICINE LODGE, KANSAS, FRIDAY. JULY 10, 1903. NUMBER 20.

HILLMON CASE ENDED. A Famous Insurance Suit- Opening Chapters Were Enacted Near Medicine Lodge. The final dismissal of the Hillmon case from the docket of the United States circuit court last week ends one of the most remarkable suits ever before the American courts. Nothing approaching it in magnitude or in length of time in litigation in the insurance line has ever been before either state or federal courts in this country. The original Hillmon suit was instituted more than twenty- years ago.

It was tried six times in the United States circuit court, one of the trials lasting 74 days. All told something over 300 working days time of the court was taken up before juries without considering much more time devoted to arguments before judges in the cirouit, the circuit court of appeals, and the United States Supreme court. It was taken to the United States supreme court twice, once after a verdict was reached in the third trial and again in the sixth trial. In each instance the full bench of the United States supreme court set verdicts aside in favor of the widow, Mrs. Hillmon, because of errors in admitting testimony and improper rulings on the part of the trial judges.

The original suit was agaiost the New York Life, the Mutual Life of New York and the Connecticut Mutual Life insurance companies, each of the former for $10,000 and the last for $5,000, making $25,000 in all. The New York Life settled after the fifth trial when the attorneys for Mrs. Hillmon filed a formal complaint with the Kansas State Insurance department asking the companies' license be revoked because the failure to settle. The jury in the sixth trial returned verdict against the Mutual Life of New York for $22,068 and against the Connecticut Mutual for 811,054, This was more than double the amount of the original policies and included interest up to that time. When the verdict against the Connecticut Mutual Life for $11,054 was aside by the United States supreme court, less than a year ago, it left Mrs.

Hillmon with all the costs on her hands unless there was another trial and a dict secured that would finally pass matter before the United States supreme court. It is said that a proposition settle by each side taking care of its own costs and dismissing of the suit readily accepted, although the attorneys for Mrs. Hillmon allege that she paid several thousand dollars extra. It is estimated that court costs expenses of witnesses in these cases ceed $100,000. It is the general belief that Mrs.

Hillmon has little or nothing for her quarter of a century of worry and litigation. When the suit commenced she was years old and now she is well advanced in middle life. She married the second timo, twelve years ago, and her husband, Mr. Smith, travels for a barber supply house. Mrs.

Hillmon-Smith resides a farm south of Leavenworth. Mrs. Hillmon-Smith is a bright woman, she possesses considerable literary ability. She has written several novels. A complete history of John W.

mon and the litigation following his leged death would make several volumes. Hillmon was a typical frontiersman served as a soldier in the Union army the west while a mere boy. For years after the war he put in his as a scout and buffalo hunter. He in partnership with another Indian and hunter, John A. Brown.

one time this pair had a wagon and employed buffalo hunters to assist them until they had a party of thirty. They shot down buffalo for the hides. In the fall of 1878 Hillmon married Miss Sallie E. Quinn, a girl 18 years whose home was near Tonganoxie. Within three months afterwards he out insurance policies for $25,000 in of the leading companies of the country.

In the following spring Hillmon Brown left Lawrence, Kansas, on a falo hunt, having entered into a contract with a Lawrence firm to furnish hides so much. They left Wichita March 1879, with guns and ammunition and wagon, just enough for a small outfit. Some time during the second week March Hillmon's partner came to Medicine Lodge and notified the authorities Hillmon had been accidentally killed in camp on Crooked creek, while pulling a gun out of the rear end of the wagon. An inquest was held and the body buried in the cemetery near this city. The day before both Hillmon and Brown had stopped at Standiford Youmans' store and purchased some supplies.

The insurance companies' agents were first notified of the death of Hillmon March 19 and they at once set up the cry of fraud. The agents started for Medicine Lodge and on arrival at the place where the body was buried found Levi and Alva Baldwin at work placing a fence around the grave and fixing to have it marked in a suitable manner. The insurance agents demanded the body. The body was exhumed, and when the coffin was opened a dispute followed. The Baldwing and Brown declared that it was the body of Hillmon while the agents and attorneys of the insurance companies declared it was not.

Another inquest was held and Brown testified the same as during the first one that it was Hillmon and he was accidentally killed while about to draw 8 gun out of the rear of the wagon. The body was taken across the country in a wagon to Lawrence. Here the third inquest was held. The body was buried again, this time by the insurance companies. Mrs.

Hillmon viewed the body when it was brought in from Medicine Lodge and declared it to be that of her husband, but as it was under guard of the insurance companies she was not allowed to take charge of it. After this burial the body was exhumed another time, when the subject had been dead seventeen days. The insurance companies contended that the man killed was not Hillmon, and that they were the victims of a conspiracy. They tried to show that the man killed was F. A.

Walters, of Fort Madison, Iowa, who was missing. When last heard of Walters wrote his family that he was about to go on a buffalo hunt with Hillmon and Brown. At the last trial a cigar maker testified that Walters, worked for him in Leavenworth in May following Hillmon's alleged death in March. A Gift to the State Agricultural College. D.

L. Taylor Son, of Elm Mills, this county, owners of the Sunflower Herd of Hereford cattle, have lately presented the Agricultural College at Manhattan with the splendid young heifer, Miss Gibbs. While we have not her number or breeding at hand, we know her to be an individual worthy of the great herd whence she came and a credit to the great institution where she now makes her home. This heifer, together with the young bull sired by Columbus (who was really the champion Hereford bull at the Chicago International), and which was given by F. Rockefeller, of Belvidere, to the Agricultural College, gives that institution a long start toward having what it ought to have, namely, the best herds to be found in Kansas.

City Affairs. The city council met Monday evening with James Dobbs, president of the council, in the chair. It was expected that the question of repealing the pool room ordinance would come up, but it was not even mentioned. The street commissioner was instructed to open Buffalo avenue for public travel, and directed to open all streets and alleys, that have been closed up, on request of any individual. City Marshall Garrison was instructed to make himself a little more conspicuous on the streets so that persons inclined to create a disturbance will know that the town has a marshal.

After allowing bills for the current month the council adjourned. To Grade Kansas Grain. Governor Bailey has appointed Sam E. Cole, of Harper, F. M.

Baker, of Atchison, and H. Parker, of McPherson, as "members of the grain inspection commission." This commission was established under a law passed by the legislature last winter. Its duty is to establish "Kansas grades" for all kinds of grain. A BUSY FOURTH. The Day Celebrated With Fireworks, Accidents and Criminal Proceedings.

The Fourth of July in Barber county this year was a warm number in some respects. Besides the usual picnics the day's events were spiced with an accident in which one bullet, hit three people, an arrest and escape, and a conviction for petty larceny. There was some- thing doing from early morning until late at night, and there are some people who will long remember its "glorious festivities." The day opened up with the Arrest of Charley Jesse. Charley Jesse came to town early ol the morning of the Fourth and soon after his arrival he was interviewd by Sheriff Haun, who had been told to watch him. The sheriff found him in Hall's hardware store buying some cartridges for his gun.

The gun was laying ou the counter being fitted with tridges when the sheriff possession of it. A dialogue ensued between the officer and Jesse as to the sheriff's right to take the gun. Jesse claimed the sheriff could not arrest him without a warrant and the sheriff insisted that he had warrant sufficient to pull him for carrying concealed weapons and proceeded to do so. A scuffle followed on the side walk in which Jesse was thrown down. When he got up the officer took him in the Gem drug store and told him to remain in the front part while he went behind the prescription case to call up the county attorney.

While the telephone bell was ringing Jesse stepped out doors, mounted his horse and hit the highway for Mingona township. The sheriff, after making a few side remarks entirely irrelevant to the case about a reporter for this paper, got out a warrant for Jesse, charging him with carrying concealed weapons, aad sent Under Sheriff Sparks and Charley Kritzmire to serve it. They followed Jesse to Mingona township, and learning that he passed Harve Tedrow's place an; hour ahead of them going west, gave up the chase and returned home. Immediately after the Jesse episode Sheriff Haun and County Attorney Tincher were called to Kiowa by 'phone to look after some parties Arrested for Burglary, They went to Kiowa, taking Scott Rubert along as guard, and found that Peter Henningson and family had been arrested on a charge of robbery. There was no evidence connecting Henningson with the charge and he was turned loose.

The trial of Mrs. Henningson and a young daughter was begun before Justice Rice. They were found guilty and then Mrs. Henningson was allowed to enter a plea of guilty of petty larceny and the Justice sentenced her to thirty days in jail and to pay a fine of 850. It was agreed that the girl should be sent to an aunt in Hodgman county.

Mrs. Henningson and a daughter, too young to be left at home, were brought to Medicine Lodge and lodged in jail. In searching Henningson's premises a great quantity of articles, supposed to have been could identify stolen, were found but no one the goods. Three People Sbet. On top of the excitements noted above A.

A. Marchel of Mingona township arrived in town with his daughter, looking for a surgeon. The young lady had been accidentally shot in the hand that morning. Mr. Marchel stated that his wife and daughter and himself were standing near together in a lower room of the house when the accident occurred.

The hired man was up stairs cleaning his rifle, a 32-caliber, and in taking the cartridges out of the magazine one 789 discharged, the ball passing through the floor, grazing Mrs. Marchel on the back of the head, touched one of Mr. Marchel's fingers and finally lodged in Miss Marchel's left hand between the first and second fingers. Dre. Cushenbery and Moore extracted the ball.

A Big Ball Game. It is announced that Riley Lake of Lake City and Bert Hopper of Pratt have matched 8 game of ball between the two towns to be played after harvest for a purse of $100. We would suggest that this game be pulled off at Medicine Lodge, which is neutral ground. Medicine Lodge will tee to treat both teams right, and the grounds here are so situated that the admission fee can be easily collected. We can promise a big crowd and a hearty welcome.

A. A. Denton Dies Suddenly. A. A.

Denton died very suddenly about midnight Monday, July 6th. The mediate cause of death was heart trouble, though he had been suffering for some days from asthma and dropsy. He stepped out doors Monday night and failing to return when expected, Thos. Warwick, with whom he made his home, went to look after him and found him near the house dead. Mr.

Denton had no relatives nearer than a nephew, A. H. Denton, cashier of a bank in Arkansas City, and three neices at Ft. Smith. They were all in the east and could not be reached but his neph- ew's wife came Tuesday night to attend the funeral.

Mr. Denton did not seek and lived much of the time alone, but to the few friends he made he always extended a genial welcome and to them ho was known 08 0 well-informed gentlemen. Mr. Denton came here about nine years ago at the solicitation of Thomas Best to make experiments in the manufacture of syrup from sorghum. He ried on these experiments with considerable success until a year or two ago, part of the time under direction of the Department of Agriculture.

He was considered the highest authority on sorghum syrups and cane culture in this country. For the past year and at the time of his death he was under engagement with the Southern Cane Growers' Association to prepare a series of papers on cane culture and syrups. One of his recent papers caused a demand for a special edition of 10,000 copies of the journal in which it was printed. Mr. Denton was 64 years old.

Brief funeral services were held at the home of Mr. Warwick at 9 o'clock Wednesday morning by K. G. Heyne, rector of St. Mark's church.

Interment was made in Highland cemetery. Two Cases of lasanity. Two very pitiful cases of insanity were reported from Kiowa last week, in which the victims wore husband and wife. Mrs. Catherine Herd has been insane and an invalid for a number of years, and a short time ago, through worry and care of his wife, Wm.

Herd al80 lost his mind. The two old people were then cared for by their daughter and when the authorities came to her relief last week she was on the point of collapsing under the heavy physical strain. Probate Judge Gleason, County Attorney Tincher and Sheriff Haun went to Kiowa last to Friday investigate the matter which had been brought to their attention by Wm. Gesner, trustee of Kiowa township. Both of the old people were adjudged insane and on Tuesday night Sheriff Haun went to Kiowa to take them to the asylum at Osawatomie.

Friday's Heavy Rain, There was 8 very heavy rainfall throughout the eastern half and the southern part of the county last Friday and Friday night. It was heavier at Sharon than anywhere else and considerable damage was done. Sand creek overflowed its west bank north of Sharon and the water poured through the town in a stream about two feet deep. Elbert Rule's store and cellar was damaged about 8100. A number of people left their homes and took refuge in the hotel.

Some farmers had hard work to 'save their hogs. The approaches to three railroad bridges between Sharon and Attica were washed out. There was scarcely any rain in the northwest part of the county. Bishop (iriswold Here. Bishop Griswold of Salina, the new head of the Episcopal church for this diocese, made his first visit to Medicine Lodge this week, and on Tuesday evening conducted confirmation services in St.

Mark's chapel. Those confirmed were Miss Rachel Noble of Winfield and Miss Minnie Roberta of this city. The Bishop is one of the most pleasing speakers and has the most delightful voice we bave ever heard. It is 8 pleasure to listen to him. Cemetery Dinner Postponed.

The Cemetery Association's dinner announced for today has been postponed to a later date. COMMISSIONERS' COURT Regular Quarterly Session This Week- Mostly Routine Business Transacted. The board of county commissioners have been sitting in regular session this week. Very little business outside of routine work has been done. The Valley township road case was heard yesterday and the board decided to appoint new viewers.

Dr. W. H. Moore again presented his bill for the care of smallpox cases two years ago. It was disallowed and the Doctor immediately filed a suit against the county for the amount of his claim.

A report on file shows that in the past six months the c.unty treasurer paid warrants against, the county to the amount of 839,029.64. L. G. Harmon, D. L.

Pierce and Homer Hastings were appointed to view the road petitioned for by C. S. Marty and others. P. H.

Parr, J. D. Mills and H. A. Tedrow were appointed viewers of the road petitioned for by J.H.

Knight and others. H. M. Stone, R. J.

Taliaferro and Tom Murphy were appointed as viewers of the road alterations prayed for by J. H. Light and 39 others. George Eckert, J. B.

Johnson and J. C. Robinson, C. W. Selby, Albert Hada and W.

C. Reuthnger were appointed appraisers of certain school lands exposed for sale. The reappointment of Mrs. Anna M. Hahn and Ira Stout as members of the teachers' examining board was approved.

Amos MeAdoo was appointed clerk of MeAdoo township vice W. A. Rauhut resigned. J. N.

Herr was given a compromise tax assignment on ten lots in Kiowa for 81 and fees, and a certificate of error for back taxes. Tax compromises were granted J. T. Laury, Nancy Kinkaid, Medicine Lodge, L. W.

Fullerton, D. O. Edwards and O. F. Henson, Hazelton.

Lot 2, block 46, Hazelton, was ordered marked "church and a certificate of error issued to D. O. Edwards for taxes paid on it. Eighty acres of school land in 16-30-15 and all of 16-31-11 were ordered exposed for sale. Tree Culture Profitable.

the to was was and ex- 1817 on and Hillal- and in ten time was At train old, took three and butat 2, one of Wm. Palmer and H. H. Case are among the enthusiastic growers of forest trees for profit in Barber county. They began on a small experimental scale last year and the result was so satisfactory that they have enlarged their acreage this year.

They are planting mostly black locust and say it will grow on nearly any kind of ground and will thrive well on land that is too sandy to be used for any other purpose, In a very short period the trees make 8 growth that will furnish a number of posts and they are chiefly valuable for this purpose, though they make excellent ornamental shade trees. These gentlemen will be able this year to turn out a limited number of nursery stock, trees of this year's planting, to those wishing them, and next year expect to fill all orders. The trees can be planted in the fall, winter or spring. They are having a machine made that will enable them to deliver trees to purchasers right from the seed bed, so that there will be no loss of trees, as in cases where the trees have been dug and the roots exposed for several days before delivery. Pension Board's Busy Day.

Wednesday of last week was a busy day with the pension examining board of this city. Following applicants for pensions were examined: David Morland, Medicine Lodge. Increase. John Young, Turkey Creek. Original.

David B. Roderick, Sharon. Increase. James W. Grigsby, Attica.

Increase. Moses Rotledger, Carmen, O. T. Increase. Richard V.

Gant, Medicine Lodge. Increase. Benjamin F. Kemp, Medicine Lodge. Increase.

John Jones Killed. John B. Jones, deputy United States marshal, well-known to old-timers in Barber county, was assassinated in the Osage country, Indian Territory, on July 4th. He held cattle in this county in the early 80'8..