H. Stillwell Again on the Stand
Mr. Stillwell, have you been in Chicago since you were examined the
Did you see Mrs. Susie Hayward while there?
I accidentally met Mrs. Hayward on the street; did not intend to meet
her; didnít go there for that purpose, but am rather glad I did meet her.
Did you have any conversation with her about this case?
I had some talk.
Did you know that Mr. A. L. Clarke went to Chicago at that same time?
He did not.
Did you see him in Chicago while you were there?
I did not.
Do you know whether he was there during that time?
Not that I know of.
At the time Dr. Hearne was married to Mrs. A. J. Stillwell, didnít you
give the bride away?
I donít remember; I was there at the wedding.
Well, canít you refresh your memory on that subject?
I cannot; I havenít the faintest idea whether I did or not.
Do you know whether any Pinkerton detectives were employed to search for
the murderer or murderers of your father?
Who employed them?
I employed two Pinkerton detectives from Chicago and they persuaded me
to employ one Abbey.
How long were these Pinkerton detectives employed?
I donít remember exactly, but will say three months - two or three
Why were they discharged?
They were discharged because they indicated to me that they had done
about all they could in the case, and thought it was useless for them to stay
Did they tell you they thought it was impossible to find the murderer?
They told me they had worked at about every clue they know of; I
inferred from what they said that they considered it impossible.
Did either of them tell you that they thought it was probable that it
was some negro burglar?
I think from their conversation and work while they were here that they
were rather inclined to that belief.
Mr. Abbey, who you spoke of having employed, was he that colored
Did he ever make any report to you about his investigation?
He did not. Mr. Abbey was
employed by me at the request possibly of the two detectives from Chicago and
Mr. John Stillwell, possibly Mr. Mahan; they had made an arrangement with him; I
paid for his services; my fatherís house was searched within a few days after
his death. It was searched at a
time when, so far as I knew, there was not any suspicion against either Dr.
Hearne or his wife. If there was I
had not heard of it. I have a
written report from the Pinkerton detectives from Chicago as to what was found
there. Since Mr. Abbeyís
testimony I have looked it up and it directly states that there was nothing
found in the vault that would throw any light on the murder; there were a good
many bloody rags and bloody water that looked as though they were used in wiping
up the blood around the room and on the bed.
In giving your testimony, the other day, among other things you said
that you knew that Susie Hayward, after she discovered the intimacy between your
fatherís wife and Dr. Hearne, quit the friendship and companionship of Mrs.
Stillwell. How do you know that?
While I lived at my fatherís house, before he was murdered, I knew
that my fatherís wife and Mrs. Susie Hayward were very intimate friends; I
knew that they confided to each other many and possibly all of their secrets.
I cannot say exactly how I know that the friendship was gradually
severed. After I left my fatherís
house it was probably two years before the murder; but in many ways indirectly I
knew that they were not as warm friends as they had been.
Had their friendship ceased before the murder of your father?
No, sir; not entirely. I
donít think it had afterwards entirely, that is, it was not entirely severed
after the murder. I think Mrs.
Hayward felt it her duty as a friend of my fatherís wife to advise with her
and try and direct her towards the proper course of action to pursue.
I think you testified that you had an inference that Mrs. Susie Hayward
knew something about the circumstances of your fatherís murder from the
beginning, or at least from some years prior to this time.
How can you have that inference?
I never intended to create that impression in my testimony.
I stated or intended to state that Mrs. Hayward knew that my father and
his wife were not friendly; that she was trying in every way possible to either
separate herself from him or to get a divorce from him, or try and have him
commit some overt act that would entitle her to a divorce with alimony.
On one occasion before my fatherís murder, he, in some way, knew or
felt in his own mind, that there was an improper relation existing between his
wife and Dr. Hearne, and in a conversation one morning at the breakfast table my
father said to his wife that he would not again permit Dr. Hearne to put his
foot inside of his house, and with that remark his wife threw a coffee-cup
across the table at him.
Were you there?
No, sir; I was not there, but I got that from sources that are
unquestionable, and I can substantiate those facts. My father confided that fact to one Dr. Z. P. Glass.
She told Mrs. Hayward of that fact in Chicago.
Mrs. Stillwell, my fatherís wife.
My father did nothing - simply got up from the breakfast table and walked
out of the house. Again in this
connection I would state that on the day my
father was killed, Mrs. Stillwell wrote a letter to Mrs. Susie Hayward;
that letter seems to have been written during the day and my father was killed
that night. In the letter she said
to Mrs. Hayward that she and my father were getting along better together; they
had several times played cards together and that she really believed he was in
love with her again or something to that effect. That letter was mailed the day my father was killed, or was
killed that night, on Sunday. And
again in this connection, I would like to state that I was in the office with my
father constantly for two months prior to his murder, and I never remember in
the course of my life to have seen him as downcast and depressed as he was
during that period of two months. I
have thought of it a thousand times since.
The cause of this depression I do not know; cannot say; he never said
anything to me about it.
How long before your fatherís death was it that his wife threw this
cup at him across the table?
I canít say; was only a very short time.
When did you first learn of it, Mr. Stillwell?
I learned the fact, as I remember, from Dr. Glass, a short time after my
father was killed. The statement
was corroborated by Mrs. Hayward in Chicago.
Do you know who was at the table when that occurred?
I donít remember.
You stated in your evidence that you visited Chicago a number of times to see Mrs. Hayward about this
matter. What reply did she make
when you asked her for information?
I stated that I had been to Chicago especially to see Mrs. Hayward
either once or twice. She seemed
very confident, in fact, knew or had made up her mind, that either Dr. Hearne or
his wife were accountable either directly or indirectly for my fatherís death;
but I suppose the fact that I was so closely related to the family caused her to
not be very communicative with me. She
would tell me comparatively nothing.
She did tell you, however, that she was confident that either Dr. Hearne
or Mrs. Stillwell was accountable for that death?
She felt that way in her own mind, and so expressed herself to me.
Do you recollect writing a letter to Mrs. Dr. Hearneís daughter
Mollie, Mrs. Murray Gray, of Los Angeles, some five or six weeks ago?
In that letter you stated that Dr. Hearne ought to come here, that the
Chronicle man was spending lots of money here?
I made no such statement, sir.
What did you state?
My recollection is that Mollie wrote to me that Dr. Hearne was in Los
Angeles, and had spent a good part of the day with her husband trying to borrow
$3,000, and that he did not get it. That
she would not let him have it and that her husband would not let him have it.
In reply to that letter I stated that I thought she did right in not
letting him have it. I also stated
that the excitement here was at a pretty high pitch and that my impression was
if Dr. Hearne came here he possibly might stay.
I donít know what she inferred from that statement.
She told me that this money which he wanted to borrow was for the purpose
of coming to Hannibal. That was
what caused me to make that statement to her.
I knew she was not friendly with Dr. Hearne and that she would not tell
him what I said. I also felt in my
mind very confident that she wouldnít mention the matter to her mother,
because these things were very worrying to her mother.
Were those parties who told you about your fatherís wife throwing a
cup across the table present at the time it
They were not. It was my
father told him the circumstance.
Mr. Mahan: Mr. Stillwell,
there was no arrangement with Abbey, the colored policeman, by which he was to
make any report to you, was there?
No, sir; there was not.
Isnít it the fact that he was under the control and direction of Mr.
Wood and was only required to make reports to him. That is to say, Mr. Wood had charge of him?
He was working under the direction of Mr. Wood and Mr. Johnson.
Possibly Wood was the head men. I
think he was. But Mr. Wood and Mr. Johnson were not working in this case as
a sham. They were employed to work
without reserve. Pinkerton would
not say they worked here in a reserved manner.
The vault never would have
been searched at my expense if it had not been with a view to ascertaining the
murderer. Some one might possibly
have suggested to me the advisability of searching the vault.
I ordered it done and paid for having it done.
The mode or manner of the detectives reporting was not directly to you
but to the home office at Chicago, and then the report was transcribed and sent
to you from the home office?
Yes, sir. Only verbal
reports from day to day as they progressed.
Did you observe in these reports anything in regard to obtaining a pair
I think not.
That search of the vault was made the day after Mrs. Amos J. Stillwell
and Dr. Hearne left for Battle Creek, Mich.?
The report itself says the search was made on the 7th day of January.
You never knew any reason why it was made in the absence of Mrs. Amos J.
Stillwell and Dr. Hearne?
The only reason I can ascribe for it having been made at that time was
because the propriety of the search was not suggested to me before that time.
Well, now that you had placed the matter in the hands of the detectives,
and of course you didnít dictate or direct the time of the search or the
manner of making it. That was their
affair, was it not?
They were instructed by me to search the vault.
I donít remember whether it was done the same day I directed it done or
not. I noticed by the reports sent
me that they preferred to do it without the knowledge of any of the servants
around the house and without the knowledge of the colored man who was working
around the premises.
Isnít it a fact that they wanted it done without the knowledge of Dr.
Hearne and Mrs. Stillwell?
I think not.
It wasnít done until after their departure?
I think it was not, but their departure from the city had nothing to do
with it, or the time of searching the vault.
Do you know whether the house also was searched at the same time or not?
I think not. Know it was
Isnít it a fact that the house of Mr. Stillwell was searched very
shortly after the death or murder?
I think the detectives went frequently to the house to see the location
of the rooms, the position of the furniture, etc.
Do you know whether the detectives followed the couple from here to
Chicago and Battle Creek, Mich.? Do
you know anything about that?
They didnít that I know of. I
never paid for any such service.
Now, directing your attention to Mrs. Susie Hayward.
How long had this friendship existed between her and Mrs. Amos J.
Stillwell, prior to the death or murder of
Amos J. Stillwell?
For many years.
Isnít it a fact that they were intimate personal friends, visiting
each otherís houses frequently?
I should say very intimate friends.
And that continued for a great length of time, didnít it?
Did you find Mrs. Susie Hayward at the bedside of Mrs. Amos J. Stillwell
shortly after the murder of your father?
On one occasion Mrs. Hayward was living away from Hannibal.
Judge Hendrick: Is this
something you know of your own knowledge, Mr. Stillwell?
No, sir. While Mrs. Hayward
was living away from Hannibal on one occasion, she visited my fatherís wife,
went to call on her; and during the visit and the only time when they were alone
in the room, my fatherís wife said to her or cautioned her to be very secret
about what she knew, saying also that her life was in her hands and that she
trusted in her as she did in her God, or words to that effect or meaning.
Was that said here in Hannibal?
What was the amount of your fatherís estate at the time of his death?
I donít now remember.
About how much?
My recollection is that the inventory or appraisement of the estate was
about two hundred thousand dollars.
What part of that estate did the widow receive?
One fifth - $40,000. The
estate was wound up and distributed probably at the end of two years.
Were you one of the administrators?
I was the only administrator.
During the year 1889, did you have much to do with your mother in
settling up the affairs of the estate?
I had something to do with her.
Do you know who, if any one, advised her in a friendly way?
Dr. Hearne and Mr. Anderson were her sole advisers.
She probably asked my advice.
How early after your fatherís death and in what manner did you find
out that Dr. Hearne was one of her advisers?
From observations and conversation with Mrs. Stillwell.
Did that continue down to the marriage of Dr. Hearne and your mother?
Could you give the exact date of their marriage, Mr. S.?
It was in December, 1889, a little before the expiration of one year
after my fatherís murder. Mrs.
Stillwell advised me something about the wedding with Dr. Hearne.
Did you observe that it created any excitement in the city of Hannibal?
It seemed to create some excitement and discussion.
Was there any crowd in the street in front of the house and at the
I think there was.
After the marriage of Dr. Hearne to your fatherís wife, who took
entire charge of her affairs?
She and Dr. Hearne jointly managed their own affairs, so far as I know.
She had some stock in the company in which I am now.
When was this forty thousand dollars paid over to them?
It was paid over to them at the final settlement of my fatherís
estate, about two years after the murder.
Do you know what has become of the larger part of this money, whether
they have it or not?
(Objected to as leading and pumping.)
I canít say positively, but from what I have heard from different
sources, I should say that it is all gone.
Donít you know that it has been gradually purchased at your hands.
That is, you purchased the stock in the Stillwell Meat Company?
I purchased, from time to time, the interest they had here and paid them
cash at the time of the purchase.
And the property was sold for the purpose of raising money; wasnít
that your understanding from Mrs. and Dr. Hearne?
I donít know that I could state that.
What share of the estate did your brothers Harold and Earl get?
The same amount as Mrs. Hearne, $40,000 each; about that amount.
Their estate and curator are in this county and state.
Did anybody make application to take the money out of this state?
An application was made several years ago to have the curator of these
minor children moved to California.
Who was that application made by? Isnít
it a fact that it was made by Dr. Hearne and his wife?
I think it was made by Dr. Hearne and his wife at the special demand and
persuasion of Dr. Hearne. I think a
curator was appointed and a suit was brought.
The curator gave bond and as I remember, in a short time, both curator
and bondsman failed after the effort was made to remove the funds.
Judge Hendrick: Mr. Mahan,
let it be a stipulation that I interpose objections to all your questions as
Mr. Mahan: I admit they are
leading. I have a right to make
them leading. You took an interest
in defending that application.
I seriously opposed every step taken to remove their funds from