Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-22

LIVINGSTON On fHaAl.
Continuation se shs evidence e.S Ere.
e~sas"ss Sessrs \ Ualssa states ssss.
ArURDAY FORENOON.
Pfooeedinaa in the Livingston trial we're
rsaaned Al s:l6 this morning.
Tho United States attorney here rssted
his cas-. with tho exception Of one paper
which he expected t. receive from Washing.
ton, and If it arrived he would ask 10 have
the privilege Of introducing II.
CAPT. DoUaHERrY
was here called for q cross examination by
defense, which had not been 6nished yester-
day. He said he did not know, Of bis own
knowledge, that the Indians spoken Of yea
terday had not been on his agency since he
had been agent, or that they were net pre-
sent at the issue of March 16, 1873. He
only could say that he did not know these
Indians at all.
Mr.. Gamble then opened the defense to
the jury, stating what they expected to
prove and he thought that before they got
through the jury would find, not two sides
to this story, but only one and that the side
OF the defense. What We said they expect.
ed to prove, will doubtless appear to our
readers ss the defense proceeds.
MIR, RUSSELL
was called as the first witness for the de-
Tense. He said he was At Grow Creek agen-
cy from August '76 to May '7s and acted as
clerk till March '7S, but was carried on the
book as superintendent Of farming, kept the
books, etc, and was familiar with the amount
of goods at the agency. He knew Of the
tobacco being in the loft Of the carpenter
shop all the time he was at the agency He
never opened any Of this tobacco. The
boxes that it was in were old and decayed,
and were of two sizes. The caddies we're
twenty pound caddies, the large boxes were
eighty pound boxes. He first saw that to.
bacco q week or 30 after he first went to the
agency. There was no change in its amount
or general appearance from that time till the
last time he saw it. Nothing was etored in
that carpenter shop that vas wanted for i'm.
mediate use. The method Of ingreas to that
loft at that time was through an open hatch
way with a ladder. The lower story was
used a carpenter shop, Mr.. Richardson
and others worked there. This hatchway
he never saw closed. When Capt Dougher.
ty took possession there was other tobacco
in the new issue house and warehouse and
in the cellar of the old issue house. Thatir
the new issue house and warehous,
was good tobacco and what they
Issued from. He had opened some of tina,
in the cellar and all he opened he fouue
bad and this tobacco was given out by him
to the Indians for doing little jobs of work
around the agency. The marks on small
boxes Of tobacco in the loft Of the carpente,
shop were addressed to the U. s. Indian
agent. He did not zee any addressed to Dr.
Livingston. The tobacco in the cellar wae
in large boxes; Two sizes be thought. The
bexes OF this that he opened were addressed
to the U. s. Indian agent of upper Missouri
river agency. The tobacco for use was
kept partly in the Issue house and the bal.
ance in the ware house near the gate. When
Captain Dougherty took possession there
was of this tobacco 1913 pounds. In the
weekly return in evidence they did not EN-.
brace the tobacco in the cellar or loft of the
carpenter shop. The tobacco in the cellar
was placed there to make room in other
buildings in the fall of '76. Storage room
was scarce at that time. Some soap and
some pork was also placed in the Gel.
lar at that time. Mr.. Brockmau
and some Indians put their tobacco down
there by the direction of Mr.. Livingston.
The method Of getting into the cellar was
through a trapdoor and by stairs. The eel.
lar, during the time he was there, was az
dry as any ordinary cellar. The agency is
on the second bench from the river. Ex.
cepting that a box was kept open to give
out of as before stated, this tobacco remained
10 the cellar after that till March rs. This
tobacco was taken from the issue house
when it was put in the cellar. While in
the issue house it was piled separate from
the other tobacco, and he had directions
from DR.. Livingston not to issue from tina,
old tobacco. He made an inventory two
weeks before Capt, Douehersy took posses.
sion. Court took q recess until 1907 p. m.
SATURDAY AFTERNOON.
Wa. Russell's examination was cout,p
ued. He stated the smoun. Of the follow
Ing different articles on hand at Grow Creek
agency March 10. 1878. to be. beans $50:
COFFEE, 9,547; sugar, 23,545; baking powder.
1898. All the amounts being stated ap.
proximately. He knew this amount was
nearly correct, because be took au inventory
of these articles two weeks before Captain
Doueherty came. There was q building Al
the agency known as the new issue house
but it was not used BY him for that purpoae