"This is an
extraordinary and ground-breaking book, a wonderfully creative mix of fact and
theory, imagination and drama. Anyone with an interest in law, history, or, for
that matter, great storytelling will fall in love with A Death at Crooked Creek. The startling origin of the complex
'intention exception' to the hearsay evidence rule becomes canvas on which a
grand and marvelously detailed tale is told. This is modern narrative at its
best: a marriage of spectacular writing and hard, documented truth presented by
a brilliant author who doubles as a gifted and fastidious legal scholar and
historian."
-Andrew Popper,
American University
One winter night in
1879, at a lonely Kansas campsite near Crooked Creek, a man was shot to death.
The dead man's traveling companion identified him as John Hillmon, a cowboy
from Lawrence who had been attempting to carve out a life on the blustery
prairie. The case might have been soon forgotten and the apparent widow, Sallie
Hillmon, left to mourn-except for the $25,000 life insurance policies Hillmon
had taken out shortly before his departure. The insurance companies refused to
pay on the policies, claiming that the dead man was not John Hillmon, and
Sallie was forced to take them to court in a case that would reach the Supreme
Court twice. The companies' case rested on a crucial piece of evidence: a faded
love letter written by a disappeared cigarmaker, declaring his intent to travel
westward with a "man named Hillmon."
In A Death at
Crooked Creek, Marianne Wesson re-examines the long-neglected evidence in
the case of the Kansas cowboy and his wife, recreating the court scenes that
led to a significant Supreme Court ruling on the admissibility of hearsay
evidence. Wesson employs modern forensic methods to examine the body of the
dead man, attempting to determine his true identity and finally put this
fascinating mystery to rest.
This engaging and
vividly imagined work combines the drama, intrigue, and emotion of excellent
storytelling with cutting-edge forensic investigation techniques and legal
theory. Wesson's superbly imagined A Death at Crooked Creek will
have general readers, history buffs, and legal scholars alike wondering whether
history, and the Justices, may have misunderstood altogether the events at that
bleak winter campsite.
Rezensionen / Stimmen
"The 'whodunit' lives in law professor Marianne Wesson's A Death at Crooked Creek. Her book tells the story of one of the most intriguing mysteries in American legal history: who was shot and killed at Crooked Creek, Kan., on a late winter's day in 1879? For evidence teachers, and possibly even law students slogging their way through hearsay and its exceptions, Mutual Life Ins. v. Hillmon, 145 U.S. 285 (1892), is a classic 19th-century mystery story....A Death at Crooked Creekis a productive melange of fact and fiction, of then and now, of mystery and science, and an enjoyable meditation on law and persons." - Michael Ariens (The Federal Lawyer) "The story of the Hillmon trials has all the hallmarks of a compelling mystery, including hidden pieces of evidence and witnesses changing their testimony....A Death at Crooked Creekis a riveting and well-researched account of the intersection of modern forensics and a cold case from the Old West, one that led to a rule of evidence still in use today. A helpful timeline of events and a list of important characters are provided, and the index is thorough and useful. This intriguing true-crime story that made it to the Supreme Court is highly recommended for law, general academic, and public libraries." - Stephanie Ziegler (Law Library Journal) "This engaging and vividly imagined work combines the drama, intrigue, and emotion of excellent storytelling with cutting-edge forensic investigation techniques and legal theory." (Kansas State Library) "This is an extraordinary and ground-breaking book, a wonderfully creative mix of fact and theory, imagination and drama. Anyone with an interest in law, history, or, for that matter, great storytelling will fall in love with A Death at Crooked Creek. The startling origin of the complex 'intention exception' to the hearsay evidence rule becomes canvas on which a grand and marvelously detailed tale is told. This is modern narrative at its best: a marriage of spectacular writing and hard, documented truth presented by a brilliant author who doubles as a gifted and fastidious legal scholar and historian." - Andrew Popper,American University "Marianne Wesson brings empathy, imagination, and dedication to detail to this creative reinvestigation of a landmark Supreme Court decision. Meticulously researched, A Death at Crooked Creek reads like the best kind of historical novel and reminds us that behind every famous court case were the lives of real people and families." - Alafair Burke,author of Long Gone "Known for her legal thrillers, University of Colorado law professor Wesson (Chilling Effect) employs her expertise to great effect in this exhaustive study of famous crime that left its mark on the American legal system...Wesson's efforts result in a true crime drama that's well researched, easy to read, and oddly compelling." (Publishers Weekly) "[A] riveting historical investigation of murder, insurance fraud, and a Supreme Court ruling." (Library Journal)
Marianne Wesson is Professor of Law and President's Teaching Scholar, University of Colorado Law School. She is the author of best-selling and prize-winning legal novels including Render up the Body, A Suggestion of Death, and Chilling Effect. She lives in a Colorado mountain valley with her husband, llamas, dogs, and visiting wildlife.
contentsContentsImportant Characters in the Story of the Hillmon CasexiTimeline of Events Important to the Hillmon LitigationxivProloguexvii1A Winter Journey Leads to an Inquest: 1879 12The Parties Ready Their Cases for Trial: 1879-1882 473The Hillmon Case Is Tried before a Jury: 1882 829780814784563_wesson_text.indd 9 3/5/13 3:41 PMontents? x ?4The Case Is Tried Twice More, and a Surprising Objection Is Made: 1884-1888 1375The Supreme Court Hears a Case of "Graveyard Insurance": 1892 1686John Hillmon Is Reported to Be Alive as the Arduous Fourth Trial Proceeds: 1893-1895 1867The Fifth Trial Progresses Briskly but Ends Inconclusively, and New York Life Capitulates: 1896-1899 2278The Hillmon Case Is Tried for the Last Time: 1899 2599The Century Turns, and the Hillmon Case Is Concluded: 1900-1903 305Acknowledgments333Notes337Index361About the Author380
