Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-04-23
LIVINGSTON on TRIAL.
Case Number Three New Before he
United states Court.

Tho Tcstimsny OF b Defendant and Of
the Witnesses Ter the Defense.
DR.. LIVINGSTON
was the first witness called. He testi6ed. I
was at Grow Greek in 1877 a. agent. I
know Bellon Le Claire. He was in my
employ. Wa to furnish fuel. He was
taken up on my rolls as a laborer, with the
understanding that he was to furnish so
many cords of wood for q months work.
(Shown the pay rolls) Bellon LIE Claire
worked the number Of days set opposite bis
name. The way / checked him was, 1
know by experience that about 1615 cords
of wood was equivalent to q months work.
He fulfilled his contract. He brought In
over IA cords Of wood for 20 days. Fifty
dollars q month was . fair compensation.
He did sign the pay rolls-made his mark.
His anne was written with a space between.
He touched the pen and made the mark in
the presence Of Russell. Brockman and my
self. Bellon LIE Claire was paid by . check
(shown the cheeky That's the check. It
10 In Russell's handwriting. I know the
signature on the back. 1t looks like VIM.
Hudson's hand writing. I gave 1t to LIE
Claire when l made it out. 1t was 10 pay
ment of services as on the pay roll. At
that time his eyes were sore, and he
couldn't write. After l gave the check to
LIE Claire l didn't cash it. l had no In
tsrest In 1t. I never got . dollar of it di.
rectlv or indirectly.
know John FURY. He was 10 my EN-.
ploy getting out bridge timber. He work
ed q month. he was to be paid $50 q
month, and was paid by a check. (Shown
the cheeky That's the check. On receipt
ing the pay roll, I gave him the check.
When he said he preferred the currency,
told him I'd pay the currency. l deduct
ed no part of his rations. He drew bis
rations by tickets. They were issued by
me aud he was required to give value. His
work Offset it. The full blooded Indians
are not required to work for a ticket. He
was entitled to so many ration tickets for
90 much work. He got the rations in June
on account of the work done In April and
May. They were due. l gave him tickets
for the work. Paid this check at the
agency Office.
Know VIM. Carpenter. Heard his testi-
timony. He Was employed as a laborer for
$50 q month during June. He was paid
$50 in q check, and signed the three pay
AOtlSs altCl 1 muuC Out Suc CuCCh i gave
it to Carpenter, and it came back to me
again from Carpenter for a wagon. 1t was
my wagon-a Schuttler-and l sold 1t to
him. He was very anxious for 1t and told
me he'd give mt the check for the wagon
so I gave it to him. When be gave me the
check it was endorsed. l can't say l know
signature Cheeky I received no wood in
payment for th,s wagon. Don't know
whether l gave him a harness-I may have.
The agency money was deposited in the
lst national bank of Sioux City. 1 did not
keep cash on hand for the payment of goy-
eminent ]abolers. My funds were sent
from Washington to that bank. l was
then notified it had been deposited. l bad
10 money at the agency to pay these checks.
know Levi Halnes. He was a laoorer
in June and worked a month. He burnt
66sss5 bushels of lime and delivered 1t al IS
cents a bushel. He came to me for en-
ployment In the spring of ~, and I finally
made an arrangement to employ him if he
could burn lime. Said he had had con-
siderable experience; that he had very nice
lime rock where he lived, and he'd burn it
there. l told him if he'd deliver 66s5s
bushels of lime 1 would take him upon the
roll as q laborer. He performed the work.
The price was a fair one. This lime was
for building q warehouse, chimneys. white
washing, etc..-all for the government. l
paid Haines with q check lshown the check
That's the check. l gave it to him and he
endorsed 1t in my presence, and handed it
back with the request that l hold it. He
asked me for $40, and asked me 10 send for
a steel sledee hammer, and 1 did so. The
bull and cattle he spoke of we're given to
him later in the season.. and had no con.
%nection with this. They were my cattle.
l took this check, cashed it, gave him $40
and ordered some things for him. I had
subsequent transaction, with him about it.
He was to burn me $50 bushels, l think i,
was. l proposed to give the agency the
benefit of 1t.
CROSs-ExAMINATION.
Odd Halnes work for the governmen,
80 days on your reservation? Al amt
positive whether the Washington hills are
in the reservation or not.
Odd he work 80 DAYS in the month Of
June for the government? A-To the best
Of my knowledge he did.
Odd he work 80 days for the govern.
ment at the rate of $50 a month? Al
think he did.
Q-Now have you stated that Haines
worked 80 days in June to the best of your
knowledge and belief? Al mean to state
that.
doctor, is the statement that Levi
Haines was a laborer at Grow Creek agency
in June, 1877 a true statement? A-To the
II-a 80 N