Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-04-25
LIVINGSTON on TRIAL.

III -~-~~~--- -
Csnclusisn Of tAe Testineny-This
Afternoon being Devoted to the
Arguments Of The Counsel.
THURsDAY CONTINUED.
Mr.. Gilbert got on the stand and testified
that the Carpenter check was . forgery,
pointing out the differences, and giving .
very nice, scientific lecture in a graceful way
to an admlring audience. Before he got
through he let the assembled multitude
know that he had changed his vest that
morning and left . Gillott's pen in the
pocket, which was sent after for the Jury.
After the discourse,
WIN. CARPENTER.
signed his name with q 3O3 elliott pen on
the back of the draft endorsed BY bin. 1t
was also written on the back Of another
check, and on several different pieces of pa.
per, and the papers shown to the jury. The
witness swore:
When l signed the pay roll 1 didn't 60 to
RusselPs desk, and he didn't tear this paper
Cheeky out Of q book, and l didn't sign it.
was. After l signed the pay roll l didn't
l say " AlNtAkcbOA W t0AO ~ Noy u
signed the pay roll Mr.. Russell was there.
After l signed the pay roll l didn't stay
there a long time. When I signed it Liv-
ineston was there. He didn't 20 out and
then come in again. At the time the doctor
employed me to work, Russell was not pre-
sent. When l put my name to the roll Hem
ry Brockman was not present.
cRoss-ExAMINATIoN.
Q-Where was the contract made. Al
don't remember.
Off you don't remember where it was,
how do you come to remember Russell was
not present? A-Because it was not in the
house. No one but the interpreter was pre-.
sent when the contract was made, it was John
FURY. l sat in the Office only long enough
to sign the papers. Hadn't been IN the Of
fee . great many times. MI. Livingston,
Russell and John FURY were the only ones
there. They were all there when l went in.
l only staid there \ short time.
JOHN FURY.
At the time I signed the pay roll l didn't
hand the check TO DR.. Livingston and ask
him to sign my name to it. While l was
working in June I didn't draw rations by
ticket. The rations l got in June were
given M in pay for services in April and
May. CONSERVATION among the prosecu-
ton, but John had made a mistake "a to
what they wanted him to swear to, and
when they tried to bulldose or argue it out
Of him it only struck deeper, aud in that way
went to the jury.) Pm sure Of that. Yes
Pm positive. Q-Wasn't it the other way
A-No it vas this way.
l was in the Office when Carpenter signed
5 the pay roll. l went in with him.
4 BELLo LIE CLAIRE
: : brought some surprising statements out o
! the depths of his memory. 1t came to hin
that after all he did sign the pay roll.
During the month Of June I had yer,
sore eyes. At the time l signed the pay
roll l didn't think Brockman was present
}. 1 didn't take the check and give it to MI
Hudson. Mr.. Russell didn't tear out tn
check and give it to me. How it came 10
! me to sign the rolls my father sold som
wood and told me to go up and sign th
rolls go he could get his pay. Father cam
down and told me Mr.. Russell wanted m
to come up and sign. l went up. Ha'
sore eyes, and don't remember whether
/ signed the rolls or touched the pen and MI
Russell signed.
a CROSS EXAMINATION.
e Q-What did YOU mean by stating tina
you never touched the pen, nor signed it
Al thought you asked me i'll ever signe'
g the roll to get my money. l remembe
now, since l studied it over that I did do i
Q-You denied that you ever signed tn
paper, didn't you? What did you do j
for? Al understood you to say if I don
it for my work.
Didn't you deny that you ever touche
d the pen at all? Al don't remember.
n Q-Who was present? Al don't r
st member.
n l reccollect when l touched the pen, NJ
h Russell held it. 1 didn't take tine check
d Will Hudson.
VIEWING sEss1oN-THURsDAY.
The prosecution put in as evidence son
public ~documeets, reports, ETC., per.ainir
j. to Indian department matters. Some of the
" were treaties with Indians, another q dige
70 of comptrollers decisions. A portion
this was objected to by the defense, as
Ie matter of form, and the objection was owe
ruled.
being placed upon the stand, the prosecr
ing attorney made several efforts to get b
opinion as an expert regarding the prop
form Of an Indian agents voucher.
The U. S. attorney then read to the jul
the rules, from a pamphlet issued by the d
> partment.
The prosecution then offered in eviden'
=, the indictment against VIM. D. Russell. {
< record in court. 1t was objected to.
nf 1t was to show that he stood indicted
the court for ofenses alleged to have bee
COMMITTED in connection with Livingstc
and consequently was not a creditable vi
d ness. This proposition called forth a di
d custom and the defense argued that the
would have the right to prove his innocen,
, Of the charge. i. it was put in. The prop
q sition was changed to "Iecord of the indie
ment." The objection overruled, and it v,
e read.
b DIR. LIVINGSTON.
took the stand again, and testified that A,
4 tome lie Claire, (Bellon's father had no ii
terest in this wood, and put in none At al
8 The defence then offered that the ratio
b system of checks was under the directio
o OF the commissioner OF Indian affairs, mat