Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-04-02
LIVINGSTON ON TRIAL.
Continuation of the Evidence and Pro-
TWENTY-THIRD DAY,

THURSDAY FORENOON CAPT. wM. FRENCH
was called and sworn and testified as fol.
lows: He was at Crow creek agency, de.
charge of the agency, after Major Hanson
was agent there. lie took possession on
the oath Of August, 1859, and acted as such
agent until relieved by his successor (H. F,
L%ivingston) in November. 1870. All the
tobacco he had on hand when he turned
over to DR.. Livingston was gypsy pounds,
and DR.. Livingston receipted to him for this
when he turned it over to him.
Witness was handed q paper and identi-
fed it as q duplicate receipt given him by
Dr.. Livingston. This paper had already
been in evidence.
Witness said that while he was agent he
received invoices OF tobacco. The last one
was about three months before he was re-
lieved, of about 1900 pounds. That turned
over to DR.. Livingston, formed a part of this
invoice. and that was all the tobacco he had
at the agency. He had no tobacco in the
building spoken of as The carpenter shop
when he turned over the agency, aud had no
poor or worthless tobacco on hand. He was
not present at this building with DR.. Liv-
ingston when he turned over the agency
nor did he point on. to him any poor tobac'
co there. /.
WITNESS then identified a paper as being
his lost property return" and it was admit.
ted IN evidence and showed on hand at the
beginning of that quarter 472A pounds Of to.
bacco and received during the quarter
1912! pounds. Issued during the quarter.
6SSa pounds, and turned over to Dr.. III, F.
Livin zston, az Indian agent, 2,7255 pounds.
He was also shown samples of tobacco, put
IN evidence yesterday.
Witness said he did not r%ecollect having
any tobacco of this kind. He received one
invoice of brights navy tobacco, but could
not remember which it was. He though.
his last invoice was the largest one he re.
ceived.
Cross-Eramination-He was at Crow
Creek from August 20, 1869, till November,
1870. At present he resides at Washington
City and has been there three years. He at
present is clerk in the Indian department.
had been there about one week and got the
appointment in enumeration for bis ex-
penses for coming here TO testify. He had
a talk with Capt. Dougherty about these
cases about one year ago at Washington.
While he was agent Lewis T. Smith was
his clerk. He is now dead. DR.. Livingston
was physician at the agency when he had
possession. When he turned it over his clerk
was with him. When he took the inyepto.
~ he found it agreed with that on his pa.
to half a pound. He could not remem.
Der the size of the boxes. He could not re.
anv of it being marked Upper Mis-
sonri agency. 1t either had his name on it
or U. S.. Indian agent. He had no recollec.
ton of the marks on the boxes. He thought
he was in his Office when he turned the
agency over to Dr.. Livingston. Went with
his clerk to view the inventory he had pre-
taken. Joseph Daniels went along
and handled the property. He could
not state the amounts Of these invoices he
He received all the tobacco had in
these invoices. He received some from his
predecessor. His predecessor turned over
10 the commissary his stores. This CON-
turned over to the witness in May,
1870. He examined what. was open then.
but did not open any The provisions we're
for issue and he was present when
t was weighed. He had no poor worthless
obacco when be turned over the agency.
The most Of the tobacco he turned over v az
lot opened. He had used tobacco from this
invoice and found it good and he Judged it
vas all good. He put this invoice in a
on the south side of the stockade,
fifteen or seventeen on the plat. All
If his tobacco he thought was put in there.
Witness stated where he kept the other
'tores at the agency. To his recollection he
vas not in the carpenter shop with DR.. Liv-
He was not present in person when
be turned over to DR., Livingston. He did
not go around with DR.. Livingston. His
went with him. He had no talk with
him. He handed over the keys, &c, 10 his
office. He did not go. into the carpenter
at that time. It was 40 full Of corn
&C., that one could hardly get into it. All
the tobacco he recollec,s having was bright
navy plug. He had a misunderstanding
defendant about the receipt Of some
cattle two or three years after he turned
over.
THE witness then went on to explain
about this Misunderstanding.
He did state to d 7. Bramble on the train
that he conld not draw his memory for ten
years back. He would have to refer to hi.
Papers, and could testify from them. IL.
had no conversation With DR.. Livingston IN
the presence Of H. Brockman that he would