Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-26

thought he counted the boxes AZ that time.
He did not think he opened any Of them,
he did not weigh any Of 1t. He was posi-
tive he saw Brockman put some Of il down
in the cellar. He thought he saw him nut
all of it down. He could not say positively
how many boxes he put down. 1t was in
the back room Of the issue house in 1872.
He Vas out and in the issue house At least
. week and NV the tobacco often. He
could moi. state just when he saw it. He did
remember of weighing that tobacco between
IL and '76. He remembered opening some
Of that tobacco at various times. He could
not say just when it was or how often. This
tobacco was brought from the carpenter
shop. He gave the order and was present
when they were removed. He frat saMthis
tobacco In the carpenter shop in November,
1870. He did not know where it came
from there. He could not say he examined
it at that time. He could not state when,
the exact time, he saw that tobacco in the
loft of the carpenter shop. He saw it at
various times. He thought he saw it in the
winter Of 1878. He could not tell when he
counted the boxe,; hensvsr weighed them.
He did not examine them while they were
up there. They remained there from ~ to
'7S. Were taken from the lower floor when
they were placed in the loft, He saw;them
taken up there He had examined boxes
from the pile those were taken from. Did
not know whether he had examined any that
went into the loft or not. Tnat tobacco vas
in the lower room Of the carpenter chop
from November, 1870 to 1872. When he
FIRST saw it Capt. French was with him and
French's clerk. He did not remember that
he counted the boxes then or weighed them.
He either examined them then or shortly
aterward, he could not say just when. Wit.
ness was shown a paper marked 5. Said
he recognized the signature; it was his. 1t
was a receipt of property from Capt. French,
given BY him November "a, 1870.
1t was then offered in evidence.
The defense objected to any part thereof
except what related to the tobacco. 1t was
admitted as to the tobacco and showed a
receipt for tobacco Of 2,725S pounds.
Witness said that when he was relieved
at the agency, nom of the tobacco in the
loft of the carpenter shop was marked with
bis address. That in the cellar of the issue
house was not marked with his address or
name, to the best Of his knowledge or infor.
nation. None of this tobacco had the in
spection mark of 1878 or 1874 to his knoAl-
edge. Nor did that in the carpenter shop, 10
his knowledge, have inspection marks of
1871 and 1872. Not q box to his knowledge
went either to the cellar, or loft of the car.
penter shop, that had his name or address
or any of the inspection marks above men.
toned upon it. He saw some Of the tobacco
from the cellar open in the fall or winter Of
1878, also saw some opened in " and '76.
He did not remember who opened it at any
time. He was positive that which was
opened was part of the cellar lot. He
thought he had seen a number of other boxes
that were found. could not say just where,
DC. He thought he knew where the tobacco
he received during the wear he was there
was stored. He gave directions where to
store it all, and he was usually present. and
saw it stored; could not say that he saw
every box of it piled away. Thought he re-
ceived tobacco from the governor in 1871,
could not say how much.
Witness was shown papers marked 6, Z,
8, 9, and 10. These wefe various property
returns of witness, for different quarters Of
1871, and he identified the signature to them
all as his own. They were then all offered
in evidence by the prosecution.
. This offer was objected to unless the pros.
ecution proposed to put in all the d~efendant's
property returns from 1870 up to 1873. and
to show thereby some discrepancy between
his issue receipts and returns, theif only offer
yet being to show thereby, that tobacco was
received during these years which was al.
ready admitted.
The objection was overruled and the o..
pers admitted.
The tobacco entries were then read to the
jury. ~
The quarterly property returns Of 1872
next put in evidence, aud so on
the years 1873, "a, rs. '76 and ~,
making in all ~twenty-eight property returns,
zach n about two yards long and eighteen
inches wide. Each of these showed the
GLOWING facts in regard to the tobacco:
The amount on hand at the beginning of
he quarter; the amount received from the
governor during the quarter, if any the
mount Issued during the quarter, and the
AMOUNT on hand at its close.
Before this was finished the court adjourn.
I'd until tomorrow at 8 4. ~.
FRIDAY FORENOON.
Cross Examination Henry F. Livingston
resumed, and the prosecuting attorney frat
continuing the introduction of the property
as mentioned Yesterday afternoon