Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-04-16
Or. LIVINGSTON ACQUITTED.


Thc Argument 81 o0n MARI
ef Judge. the Verdict II Net
Guilty, and tho General Re-
joisiag which Followed.
YESTERDAY CONTINUED.
Nj. Hudson was next called up. Had
been At Grow Greek since 1865. Was post
master. The open letter spoken Of had
been opened, and written on the back ''open-
ed By mistake" and signed by . name sim
liar to Saul Demans. There wa nothing
in it but . letter of notification. Shortly
after another one came addressed to the
Sam person. I cached the DRAFT, and paid
the money to Russell. Saul was present At
the time. Livingston paid Frog and Aush-
rat money before the occurrence. ] was
there then interpreting. told the indians
what he told me to. Told them he had re-
ceived the money to pay for that transpor-
tation work. Isaw it paid.
cRoss-ExAM1NATIoN.
He said he had received the money for
transportation. I explained it to them, and
Livingston paid the money.
Mr.. SEAMAN.
Testified ~ to the ~reasonableness of the
charge Of $500 per day for team and driver.
SEVERAL WITNESSES.
E. Miner, Maj. Hanson, Doctor Turner,
and Msesrs. Bunker, Eiseman, Mccoy, Will
liamson, Ashley, Sanborn, Hand, Edmunds,
and Kingsbury, testified As to the general
character of the defendant for honesty and
fair dealing.
REBuTTAL TESTIMONY.
Saul Demans on the stand.
Q-Was you ever the agent Of these four
men Handle, Frog, Muskrat and LIE Claire.
Al don't know about that.
Neither of them ever asked me to sign
the voucher for them. Antoine LIE Claire
never asked MI to act as agent for them.
He never explained to me that l was to sign
those papers IS agent for them and collect
the money. He didn't tell me that Living.
ston wanted mi to sign the voucher to ave
trouble, and collect the money for any of the
men. I did not go with Russell to Hudson's
store to get the money on the draft. 1 know
Hudson. Hudson did. not give me the
$l11.00 in my hands.
Odd you give the money to Livingston
and tell him to disburse it to these men?
A-No.
Q-Was this $ll1.0o ever put into your
hands by anybody? A-No. 1 never told
Antoine LIE Claire to tell Livingston that
l was willing to act as agent for these men.
l never saw the letter that the draft came in.
Russell never read a letter to me about the
money, o. explained it.
CROSS EXAMINATION.
l didn't understand it very we'll when
signed the draft, Alter I wrote my name,
LIE Claire told me that Livingston would "a
to the store and get the money. Ididn't e
to the store with Russell to get the money
l didn't know who the money was to be
paid to.
Mr.. STONE
was next called. He said: 1 am teller in
the First National bank. Have had ex.
perienoe in handwriting.
HERE, \ NEW PHASE
seemed to turn up. After Saul Demans had
sworn positively Monday, that he signed
the vouchers and endorsed the draft
the prosecution sought now to prove that
they were all forged by either Mr.. Living.
ston or Russell. To do this they brought
up the documents and asked q comparison
between them and a signature written in the
court room by Saul. Mr.. Stone was
SHOWN THE SIGNATURES
on the three vouchers and draft, and the one
the loose slip of paper, and directed to
state whether in his opinion the signatures
were all written by the anne person. He
said that the vouchers and draft were written
BY one person, and the other signature by .
different one. On
CROSS EXAMINATION
he said that q handwriting would change
very much in the course of a year, or . year
and q half. Also that excitement such -
Of this kind would feel in = court of
Justice would have q tendency to change the
style Of signature, and that it made . differ
ence in writingwhether the paper was ruled
or not.
Q-Suppose that the first of these sigma
lures were written = year and . half ago,
that he was i~lliterate, unable to write more
than his name, and unaccustomed to writing,
and that the second was written SAY In .
court of justice, and when the person was
nervous, couldn't they have been made by
he same person? A-They might have
been.
Q--Wouldn't . different arrangement of
letters make . difference in the appearance
the name itself upon the paper? A
Yea, some Of course.
Witness here pointed out the difference
Ia appearance which led him to think they
werA made hv different nAr>nnsA