Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-05-05
the LIVINGSTON CASES.
A Motion For a Continuance on tho Par,
OF tho Persecution

morning reciting in substance That there "
a terrible prejudice and bias in favor
. Livingston in the minds Of the petit jur
and no fair trial could be had. Also that c
one of the trials there was a discussic
about the half breed testimony. "That or
of said Jurors was heard to remark that i
, would not convict any one on the testimon
of any lying half breed or Indian, that thi
= remark was greeted in the Press and Dako
taian with approval in words like this: ID
q you expect me to convict upon the testimc
ny of any lying half breed or Indian? N
sir-ee.'"
, The attorney then read the article in thi
paper of date April 26. 1t was furthe'
stated that Byron E. Pay, a juryman
told the afisn (the U. s. attorsey) that il
would be great injustice tothe jurors them
selves to make them sit on these trials, as
they had formed their opinions on some OF
the minor points already. a verse from
the standing lad" If Cradle: was cut out
of the Press and Dakotaian and pasted or
the affidavit, and then the paper wound up
with the very truthful remark that public
sentiment and the influence of the Press
and Dakotaian are strongly exercised in ia.
vor Of the defendant, that their influence
continued through the whole term has heen
fe.t BY even the jurymen.
A motion was filed by the defense to
make the affidavit more specific, stating the
names Of the jurors and "lying half-brceds."
We can see nothing in these points upon
which to base a continuance of the Liyings-
ton trials. Because a juror has said he
would not convict a man upon the testimo-
ny Of a lying half breed, the prosecution
can not in justice urge a temporary aban.
donment of the cases. 1t was a very proper
thing for a juryman to say, and we rejoice
to know that the evidence Of liars is receiv-
ed with all these grains of allowance. 1t is
reasonable to infer from the form of speech
employed by this juryman that he would
give due credence to a truth telling half
breed and it would therefore be proper
for the prosecution to introduce that
variety Of witnesses and watch the result.
The juror spoke advisedly. The testimony
of the half breed to whom he referred had
been impeached by his own sworn state
ments and by a number of reputable wit
nesses, and the juryman had a right to char.
acterize him as a liar. The prosecution
has, BY its affidavit, placed itself, inadvert-
ly perhaps, IN the position of insisting that
the evidence OF lying half breeds should
be deemed good evidence, aud that in a case
where the reputation of a worthy citizen ia
at stake.
Byron E. Pay, in his confidential con-
versations upon the subj ,ct, may have ue-
pic,ed the effect of certain causes upon him
self, but his righrto relate their etfec, upon
the minds OF other Jurors iii Questionable.
1t he is determined that his prejutices can
not be overcome by the testimony offered,
then he can be easily challenged off.
So far as the influence of the Press and
Dakotaian upon these trials is concerned
we are hardly competent 10 judge. Our
paper has reflected the sentiment of this
and that sentiment, is based
upon a popuiars Conviction OF the iD'e,rits
the defendant and the disposition OF his
to build for themselves upon the
downfall Of another. II will be remember
that all the great papers of the land, at
the instigation OF Livingston's ,ers,
have published him as a Inlet, under glow
ing head lines and through columns of
unproven charges. OF this fact the prosecu-
ton makes no note in its aft lavits but of
other fact, that a little frontier newspa-
per has %contended. singly and alone, in be-
half of the proposition that a man is limo.
cent until he is proven guilty, the United
States government takes cognizance, and says
it cannot have a fair trial because of the in.
1uence Of that one little newspaper. In the
estimation of the United States it was all
right for newspapers to assail DR.. Living
ston, but to defend him is to prejudice.
The touching lines offered by J. S. Cradle,
in the advertisement of his auction house,
printed in the Press and Dakotaian, run as
follows. We extract only the verse which
has so feariully ~prejudiced the jury
But brighter still we flashing see
A man unscalped come free,
From the virus of a red skins oath
Who'd strike him down with glee;
The doctor ask him no favor nor,
A compromise sought he
But waited for the verdict which
Was demanded by his PLEA