Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-04-24
LIVINGSTON on TRIAL.
Case Number Three New Before Tie
United States Court.
Csntinsatioa Of he Tsaoosesy for the
WIN. D. RUSSELL

WIN. ID. RUSSELL
took the stand. was at Grow creek agency
during the month Of June. I was clerk and
bad charge of the books and Office, and did
all the Office work. I know Bellon LIE
Claire and that he was employed 10 june,
1877, At the agency. (Shown pay rolls.)
They are in my handwriting. LIE Claire
worked from the 9th to the 30th. He was
cutting wood. His pay wa at the rate of
$50 . month, such all were paid. The
signature is in my Handwriting. I made
the cross mark while he touched the pen.
He came into the Office to get his pay, and I
requested him to sign the pay roll. I asked
him il he could write his name. He said he
could, but his eyes were in such a condition
that he couldn't follow a line or write at all,
and asked me to eien his name. l did sign
it. always request . man to touch the pen.
(Witness showed how he touched the pen.)
I signed q . witness to the mark. He was
paid fon the work by . check on the Fret
National bank of Sioux City. (Shown the
cheeky recognize the check Is the one l
wrote, and the one that was paid him. He
was paid at the time he signed the pay roll.
The check remained in the book till he
signed the pay roll, and then it was torn
out. 1t had been written up by DR.. Living
ston in the book before he signed the pay
roll. Ny recollection is that l handed it to
him myself. The checks were written and
signed June Both. They were signed l
think before the pay rolls were receipted.
Can't tell what became of this check. l
never saw it again. Ididn't read it to him,
but told him it was his wages for June. DR..
Livingston and Brockman were present
when the pen was touched. Bellon had
often come to DR.. Livingston for consulta.
ton about his eyes. They had been sore all
the spring-at least he wore goggles.
I know John FURY. He did work in
June, 1877, hauling bridge timber. He
worked 30 days in June at the rate of S50a
month. 1t was a fair price l think. This
name in the line Of names, and also the
signature is in my handwriting. Sometime
after the 30th Of June-it may have been
the 30th, l amt positive-he came in to get
his pay. l got out the receipt roll and check
book. and after eigning his name by touch
ing the pen, the check for $50 was issued to
him. He said he preferred the money, and
the doctor counted out some money. FURY
said, that's all right. Nothing was said
about rations. / saw DR.. Livingston count
out the money, and saw Fury count it, and
then he said it was right. He then left the
Office. Have heard Flury's testimony.
There was no such conversation about taking
out %rations. "a dispute arose here between
counsel as to Flury's testimony, and the
court took a recess for half IN hour to enable
the reporter to hunt it up.) I was presen'
from the time FURY entered till he left Will
the money.
Q-Mr. Russell, did DR.. Livingston ga,
to him, at the time of the settlement, 20
course, I'll have to charge you $40 for "a
tons" or words to that effect? All
never used those words or words to tina
effect.
Q-Was anything said between then
about ration.? A-There was not the wor,
"rations" used in the whole conversation.
ticket, issued the fret Of the quarter. l
had been paid for by work for the govern
ment.
Q-When he said to the doctor that h
would like to have currency for that check
what reply did the doctor make? A,
think he said call right" or words to tina
effect.
He then paid him the money. Think he
counted the money out to him. 1t didn'
pass through my hands at all. When he re
ceived the money he took it away with him
1 don't know who signed Flury's name o,
the back of the check. Think the docto,
did. l know VIM. Carpenter. he was q
work at the agency in June, 1877, hauling
bridge timber, at $50 a month, a fair price
l think. (Shown pay roll) l see the nam
Carpenter in two places. l wrote the nam
in print. The signature was written BY him
self in my presence. 1 know Carpenter wa
paid by a check. (Shown cheeky that's it, il
my handwriting. Either on the Both q
June, or a few day after, Carpenter came in
to the Office to get a settlement. / got GU
the pay roll and check book, and he signet
his name to the pay roll. l tore out tn
check and laid it down or gave it to him
Think the doctor was called out when on
of the four names was signed. Carpenter 50
quite a while after signing the pay rol
waiting, l suppose, for DR.. Livingstor
When he came in they had a converaatio
about a wagon Carpenter wanted to get. H
said he'd give him the check for the Wagon
and the doctor said he'd take it. l saw Cal
penter sign the check with a pen 1 handle
to him. Don't know whether the doctor wa
present then or not. l don't know whethe
I handed the check 10 Livingston or shove
it to him on the table. Carpenter left til
check and went to get the wagon. Didn
see him take the wagon, but saw him hav
it afterwards. 1t was the Doctors own wa
on, a light Schuttler. Nothing was sal
about the IA cords of wood in that converts
ton. Carpenter himself opened the CONVEX
s~ation, saying he'd like to get the wager
and the doctor said all right, he'd take til
check. Think the conversation was through
Ed Laramie, interpreter. The check wen
into the DOCTORS charge. Carpenter DIRE,
~rations during the month. "a long discus
sion and explanation ensQed between coun
sci concerning ration tickets and ration
checks.)
l was present when Livingston told Car
penter to 60 to work. There was nothing
said about ration checks At any time in m,
presence. He drew rations in June upon
regular ration ticket. 1 had charge of tn,
ration book, and footed it up at the end Q
every week. This ticket was paid for b,
work for the agency performed in the quar-
ter of its iseue. This work for which b.
was carried upon the rolls was no part O
the work for which he received ration tick
etc.
I know Levi Ha;nea He vorkad n