Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-04-24

(shown check.) That's the check. Levi
Hainea signed that check In my presence
Alter the pay rolls were signed he laid II
down and told him there was his check
He signed 1t aud told the doctor to keep It.
The doctor paid him some currency / think
Can't state positively il was money. Know
j. Il. Lowe, but don't know that he brought
sone of the lime turned in BY Haines 10
June. He got some lime In September.
E. L. HUDSON.
Am acquainted at Grow creek. Have been
trader there twelve year,. knew DIR. Llv-
ingston and Bellon LIE Claire. (Shown the
LIE Claire chsck.) That's the check. The
signature (endorsement) il in the hand
Writing Of my brother VIM. Hudson. Il
was presented at my store for payment by
Bellon LIE Claire. My brother told him it
wasn't endorsed. Bellon said he couldn't
see very we'll, and asked Will to sign it. He
did it, and I then bought the check. Paid
$42. IS for it to Bellon. l occasionally
bought checks. l know Of DR.. Livingston
selling a Schuttler wagon to Carpenter. I
sold it to DR.. Livingston. 1t had been used
a year or more 1 guess when l saw Carpen-
ter using it. 1 know John FURY, and his
reputation in the upper country for truth
and veracity. 1t is very bad.
EXAMINATION.
John Flury's reputation among the In
dians is bad. 1t has been 30 for six years.
I sold the wagon l spoke Of in 1876 l think.
My brother endorsed that check in my pres
ence and in Bellon LIE Clsire's presence.
They usually came to me regularly endorsed.
l remember this one from the fact that it
came unendorsed. Remember paying over
the $42.S5.
GEO. II. ItAND
testified he had considerable experience in
comparing signatures, and that in his opinion
the three vouchers, the check and the blank
paper signed in court were all written by
the same hand, and the same regarding the
Haines signatures.
Gov. Edmunds, VIM. H. Edmunds and
Mr.. Stone, testified to the same facts, and
Robert Cox, A. NJ. Jones, from Crow creek,
and Maj. Dewitt, testified as to the general
character of John FURY in the upper coun-
try as a liar of the first water.
To.DAY's TESTIMONY.
Leighton Wynn testified that all the sig
natures of Carpenter were written by the
SAME p6ESOu. duu tuo edulc az ~ l1alueS.
F. NJ. ZIEBACH
testified as TO the good character Of the de-.
PENDANT in the community.
Q-By prosecution. Do you know Geo.
H. Hand? Al do.
Q-Is he any relation to DR.. Livingston.
by defendants counsel unanimously
soto roce, "Well I'll be DID," or words
to that effect.) Well sir, is this cross-exam'
ination?
(U. S. attorney)-No, but you'll acknowl
edge the relation?
MI. Spink-No sir. We deny any rela
ton whatever. Mr.. Hands brothers. wife
is sister to Livingstone wife. Does that sui
you, sir? daughter and change of base b!
prosecution.)
Q-By prosecution-Have you any inter
eat in the Press 4 Dakotaian? (Anothe
"Pll be id" with unanimity by attor
neys for defense.) A-No sir, no pecun
iary interest.
Ward, Sanborn, White, Eiseman, Parmel
Potter, Fuller and Wilcox testified that tn
character Of Livingston was good.
Dennis. of the U. S. Internal Office va
called, about the signatures. He was badf
cred some about his experience, but ha
enough to know that the signatures were u
genuine.
BROCKMAN.
l have been at Crow Creek eight or min
years. Was there in June, 1877. (Show
pay rolls) my signature is there. l recollet
Of John FURY making his mark on that pr
per in the Office. He touched the pen an
Mr.. Russell made the mark. l saw Bello
LIE Claire make his mark there too. II
touched the pen and Mr.. Russell held it.
stald in the Office just a little while. l ju
went and witnessed the signature.
CROSS EXAMINATION.
Q-Are you under indictment in tn
court for charges alleged as original defer
dant in these cases?
Mr.. Tripp-Well, 1 object to the question
you'd better read your own indictment. Il
) the COURT l object. 1t makes no diferenc
, Many an innocent man has been indicted.
, submit that the question is a monstrous on
After a long argument on the admissibi
ity Of the question. the objection was owe
p. ruled.
3 Yes sir. l live in Nebraska. Am her
, ing over there. The herd belongs to w
= Hudson. may OWL about 40 them.
had the money to pay for them, and di
l have had no money from Livingston
:. from Hudson. Was here last fall at II
term of court. l paid my own expens
then and do now. Messrs. SPHINX, TriK
and Gamble are my attorneys. (Mr. Spir
| -"Yes. We admit it, 1t amt much d
: grace.') I've not had many conversation
: with my counsel.
REDIRECT.
Q-This indictment you are under no
. -sre you innocent Of it! A-YEs SIR!
G. a. We.ter testified as to the genuin
ness of the signature, Gov. Pennington 8
to Livingston's general good character, an
John Armstrong, Mr.. Richards, Mr.. As
ley and Geo. Crager as to the character
Flury-that he was a liar.
REBUTTAL TESTIMONY
was started by Dougherty explaining VIII
the ration checks spoken of were. Tn.
were discontinued when l took the agen.
because l received no authority to use ther
l received about S215 from Antoine l
Claire. Have seen over $500 worth. Haine
place is about As miles from Grow Cree
agency. The checks were a sort of a Giro
lating medium. The Indians sometim
called it money.