State v. Hilton

• Decision Date: 01 January 1886
• Citation: 11 P. 164,35 Kan. 338
• Parties: THE STATE OF KANSAS v. W. H. HILTON
• Court: Kansas Supreme Court

11 P. 164

35 Kan. 338

THE STATE OF KANSAS v. W. H. HILTON

Supreme Court of Kansas

January 1, 1886

[Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted]

Appeal from Mitchell District Court.

ON October 22, 1885, there was filed in the district court of Mitchell county, by the county attorney of that county, an information containing twelve counts, against W. H. Hilton and Joel Miley. The first and second counts thereof were in words and figures, to wit:

"1st Count. I, F. J. Knight, county attorney, of, within and for the county of Mitchell, and state of Kansas aforesaid, in the name, by the authority, and on behalf of the state of Kansas come now here and give the court to understand and be informed that on or about the 20th day of June, 1885, and at and within the county of Mitchell and state of Kansas aforesaid, one W. H. Hilton and one Joel Miley, persons then and there being, unlawfully, falsely, fraudulently and feloniously then and there did make, forge and counterfeit one certain instrument and writing purporting to be the act of another, that is to say, of N. G. Munn, by which instrument and writing a certain pecuniary obligation purported to be transferred, the said instrument and writing then and there being in the words and figures following, that is to say:

"'UNDERTAKER'S CERTIFICATE.-- I, N. G. Munn, do hereby certify that I am an undertaker, residing at No.-- street, city of Mitchell, state of Kansas, and as such undertaker I attended the funeral of C. W. Brown, and that his remains were interred in cemetery at (city or town of) Mitchell, on the 4th day March, 1885. N. G. MUNN.

[Signature of Undertaker.]

'Sworn and subscribed to before me, this 22d day of June, 1885.'

S. PEELE, J. P.'

With the intent then and there, and thereby falsely, unlawfully and feloniously, to cheat and injure and to defraud of the sum of five thousand dollars the National Union of Mansfield, Ohio, a corporation duly organized, incorporated, existing, and acting under and by virtue of the laws of the state of Ohio, which said corporation, on or about the 12th day of July, 1884, issued to one Sarah Brown, the wife of the said C. W. Brown, one certain certificate or policy of insurance, whereby the said corporation, for a valuable consideration, well and truly undertook and promised to pay to the said Sarah Brown the sum of five thousand dollars upon the decease of the said C. W. Brown and the reception by said corporation of proof of such decease, and which said certificate or policy of insurance was valid, outstanding and in force at the time of the false making, forging and counterfeiting of the aforesaid instrument and writing; and the said W. H. Hilton and Joel Miley, so as aforesaid, did falsely make, forge and counterfeit the aforesaid instrument and writing, for the purpose and with the intent of causing the said instrument and writing to be presented to the said corporation as and for proof of the decease of the said C. W. Brown, and with the intent to procure from the said corporation, and to cheat and defraud the said corporation out of the sum of five thousand dollars, which the said corporation had, by the terms of its said certificate and policy of insurance, undertaken and agreed to pay upon the reception by the said corporation of proof of the decease of said C. W. Brown.

"2d Count. I, the undersigned, county attorney of said county, do hereby give the court here to understand and be informed, that on or about the 20th day of June, 1885, and at and within the county of Mitchell and state of Kansas as aforesaid, one W. H. Hilton and Joel Miley, persons then and there being, then and there unlawfully, falsely, fraudulently and feloniously did make, forge and counterfeit one certain instrument and writing purporting to be the act of another, that is to say, of H. G. Miller, by which instrument and writing the right and property of, in and to the sum of five thousand dollars purported to be affected, the said instrument and writing then and there being in the words and figures following, that is to say:

"'CLERGYMAN'S CERTIFICATE.-- I, H. G. Miller, do hereby certify that I am a clergyman, residing at Blue Hills, Kansas, and that I officiated at the funeral of the late C. W. Brown on the 4th day of March, 1885.

H. G. MILLER.

[Signature of clergyman.]'

With the intent then and there, and thereby falsely, unlawfully and feloniously to cheat and injure and to defraud of the sum of five thousand dollars the National Union, of Mansfield, Ohio, a corporation duly organized, incorporated, existing and acting under and by virtue of the laws of the state of Ohio, which said corporation, on or about the 12th day of July, 1884, issued to one Sarah Brown, the wife of the said C. W. Brown, one certain certificate or policy of insurance, whereby the said corporation, for a valuable consideration, well and truly undertook and promised to pay to the said Sarah Brown the sum of five thousand dollars upon the decease of the said C. W. Brown and the reception by said corporation of proofs of such decease, which said certificate or policy of insurance was valid, outstanding and in force at the time of the false making, forging and counterfeiting of the said instrument and writing as aforesaid; and the said W. H. Hilton and Joel Miley, so as aforesaid, did falsely make, forge and counterfeit the aforesaid instrument and writing, for the purpose and with the intent of causing the said instrument and writing to be presented to the said corporation as and for proof of the decease of the said C. W. Brown, and with the intent to procure from the said corporation and to cheat and defraud the said corporation out of the said sum of five thousand dollars, which the said corporation had, by the terms of its said certificate and policy of insurance, undertaken and agreed to pay upon the reception by the said corporation of proof of the decease of the said C. W. Brown."

The alleged proof of death and the papers to which the undertaker's certificate and the clergyman's certificate above referred to were attached, were in the following words and figures, to wit:

OFFICIAL NOTICE AND PROOF OF DEATH.

SENATE OF NATIONAL UNION,

HALL OF MANSFIELD COUNCIL, NO. 85,

LOCATED AT MANSFIELD, STATE OF OHIO.

To Geo. W. Harn, Senate Secretary, National Union: By vote of this Council we are instructed to certify that friend Charles W. Brown, a 5th-rate member of this Council, died at Blue Hills, state of Kansas, in good standing in the order, on the 2d day of May, 1885, at 3 o'clock P. M. Deceased was admitted to the order May 3d, 1884; residence at date of initiation, Indianapolis, Ind.; age assessed at initiation, 28 years; amount of first assessment, $ 1 41/100; age at death, 29 years; amount of last assessment, $ 1 45/100; No. of benefit certificate, 4,000; No. on roll-book, 44; cause of death, congestion of the lungs; first assessment paid by deceased at initiation, No. 12; deceased was suspended ; cause of suspension, ; deceased was reinstated ; assessments not paid during suspension, ; last assessment paid by deceased, No. ; total amount paid by deceased to benefit fund, $ 15 65/100; residence at time of death, Blue Hills, state of Kansas; person or persons named in the benefit certificate to whom the benefit is to be paid, Sarah Brown, wife.

QUESTIONS TO BE ANSWERED.

Are all the persons named in the benefit certificate living? Ans. Yes. Are any of the beneficiaries minors? If so, give the name and age. Ans. No. Has a guardian of the estate of the minor beneficiary been appointed? Ans. There are no minors. Where do the beneficiaries reside? Ans. In Mitchell county, Kansas.

The foregoing and the report of the committee, together with the certificates hereunto annexed, were read in open Council on the 5th day of August, 1885, approved, noted in Council minutes, and ordered to be transmitted herewith to the Senate secretary.

In witness whereof, we have hereunto set our hands and affixed the seal of the above-named Council, on this day of , 188 .

[Council Seal.] Yours, in L., P., T.,

, Council President.

, Council Secretary.

ATTENDING PHYSICIAN'S CERTIFICATE.

STATE OF , 188 .

This is to certify, that I was the attending physician in the last sickness of Charles W. Brown, and that he died at Blue Hills, state of Kansas, on the 2d day of May, 1885, at 3 o'clock P. M.; cause of death, congestion of the lungs; duration last sickness, three days.

QUESTIONS TO BE ANSWERED.

1. How long have you practiced medicine? Ans. Thirteen years.

2. Where did you receive your medical education? Ans. Graduated Keokuk, Iowa.

3. Name of deceased? Ans. Charles W. Brown.

4. How long, if ever, were you the medical adviser of deceased? Ans. Only in his last illness.

5. Had deceased any other medical adviser? If so, give name and address. Ans. No.

6. Date of your first prescription, or visit, in last sickness of deceased? Ans. April 30th.

7. Had the deceased been suffering from this illness before you prescribed for him? If so, how long? Ans. No.

8. Date of your last visit? Ans. May 2d, 1885.

9. Were there any preexisting diseases, habits, tendency to disease, or infirmities which may have had any influence in causing or hastening deceased's death. Ans. No.

10. Give an account of the principal symptoms and progress of the disease? Ans. Chilliness, dys cough, spitting of blood, rapid pulse, and prostration.

11. State the cause of death, and whether or not there was a post-mortem examination; if so, what was shown by it? Ans. Congestion of lungs; no post mortem.

12. Was there anything in the habits of deceased, his occupation or family history that rendered him liable to this disease or...