Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-04-28


noon they had got at the panel, and out Of
twenty-one names had selected the following
JURY.
Thomas 8. Peck, Chas. T. Hollenbeck,
Chas. Boerig, Thomas H. Abbott, Byron E.
Pay, franklin Wade. Peter Bergland. Rob-
ert L. Wright, Ed T. Griffith, Isaac N. Es-
may, Michael r Kennefek, Lucius Kings.
bury.
The U. S. attorney asked that all the Wit
nesses IN both sides be excluded from the
court room during the trial. No objection
was made, and it was 20 ordered by the
court, a list of the witnesses being furnished
BY the attorneys.
THE INDICTMENT.
r%ecites in substance that the defendant, Hen
~ Brockman, had and retained in his pos
session some Authenticated cotton, etc.,
land a tent, and that the property was en-
bezzled by the defendant with the intent to
convert the same to his own interests.
CAPT. DoUGHERTY.
told his position in the service, when he
took charge Of the agency, whom he sue
ceeded, etc. He testified:
I am acquainted with Henry Brockman.
Saw him first at Grow Creek agency. He
was there when 1 took charge Of the agen-
cy. Had been an employe of the agency
since 1874 1 think. Don't know what be
did. He declined to be re-employed under
me, and 80 ceased to work. l went to his
house about q week after he quit and found
government property. 1t consist.
ed of about $50 yards Stark mills
duck, worth about $50 three pieces I'm.
bleached sheetings worth about SO; one
piece cotton sheeting worth about ST. 25;
:hree blankets, worth SO or $40, and a tent
about SIS. The Stark mills duck was
Used for making Indian lodges. Two of
he blankets were nearly new, and the other
very old. / found the duck in the garnet,
a box with the lid recently put on, and
The tent was along side the box. The sheet
ing was in a trunk dewn stairs. Had a con-
with Brockman regarding the
property at that time.
Defendants counsel-Is this an admission !
you propose to put in? Prosecution-Yes,
this is an admission. Defendant-Then l
propose to ask q question.
By def. Q-You had Mr.. Brockman
under arrest at the time you had this con-
versation didn't you? Al did.
Q-Where did this conversation occur.
Ain his house.
Odd you have soldiers with you at
the time. Al did sir.
Off anything, what did you say to him
to induce him to make this confession. A
I didn't say anything to him. l didn't tell
him it would be better for him. 1 didn't
advise him to make a confession.
Odd you make any threats. A-No,
Q-What did you tell him you was going
to do with him? Al told him l had a
military order for his arrest. 1 read it to
him and told him I was going to take him
to Lower Brule post.
When I saw him, l told him to come
over to his quarters and open his trunks. 1
can't remember every word l said to him
of course. Am positive I didn't tell him it
would be better for him to confess. l had
two soldiers over him at the time.
By prosecution. Q-When you went with
your military warrant for Brsckman, what
was the next thing said or done. Collected
to as the defendant was under the influence
of q great fear. Objection overruled.) A
l told him I wanted him to 20 to his quar-.
tiers and open the door.
He didn't say anything as 1 remember o.
now, and went in. l looked round and saw
the blankets. / asked him if they were In.
dian blankets, and he said yes. After We
came out I told him to get ready and 60 ia
Brule post. He said it was hard to make
him responsible for what other people did
he was an employee Of DR.. Livingston.
told him it was his own fault-he sbouldn',
have refused to be an employe under me. ]
asked him where he got those things, and
he said he got them Of the Doctor. H,
asked when, and he said "last fall" I had
the soldiers as much for witnesses a. any
thing else. I sent him in . wagon to Brul.
post. That's all the conversation I remem
Der low. The house was locked. At tn,
time he gave nj notice he was to quit h,
made no report at all. Don't think I spok,
70 him at al. This property was govern
ment property. There was no conversatio,
in regard to it.
CRoss-EXAMINAT1ON.
I took possession Of the agency on tn,
22d Of March, 1873. l took possession o
all the property at that time. This hous