Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-18
l,mssro. On r.ual.
Csa,inuatiea u eA. Evsasne. aud Pre.
c-edings Defsrs ths usitsa states Cosvs

C0uFt Opened ~ y O'CLOCK o0u tOftbef
argumept 90 the objection taken before din
uer vas resumed aud lasted for 90 hour.
The court then ruled 90 follows: That be
wa particular 10 the ruling yesterday to
keep within we'll defined cases aud then
confined the ruling 10 articles mentioned IN
the report In question. Accordingly proof
had been introduced In regard to sugar,
coffee. beams and baking powder. the.e
being items comprised within thst paper.
He was nov asked to extend that ruling, so
as4to comprise items ~con,alned 10 the qua.
terly report. ending December 81, 1879.
This would he carrying the investigation
back two months aud one half and as to
matters and things not contained within the
paper In question at present be could not
do go.
The prosecution alleged that the proof
admitted tended. In connection with the
evidence adduced and to be adduced, to
show guilty knowledge and intent II these
be shown, 1t would certainly seem that II
the prosecution could make this appear as
TO the other articles In proof, Il would or
dinarily be sufficient TO show as alleged
such guilty knowledge and intent; for to
prove such, proper evidence, as to four arti-
Giles, may be as conclusive as With r. gard to
twenty. This would involve in III light Of
the allegation, conmulative and protracted
testimony The objection Of the defendant,
is sustained and ofe. overruled.
CAPT. DouaHERTY
was then called to the stand.
He said that among the books used by
DR.. Livingston, when he relieved him, were
the issue book and supply report book.
The issue book was the one in which was
kept the number of Indians and their
names
Witness was shown q book which he
said was the issue book he found 10 the
office at the agency when he took possess
sion. He could Identity the writing 10 :he
book and he then pointed out the last en-
tries Of Dr.. Livingston, before he took pos
session and said the same pages contained
his frat issues also. Prosecuting attorney
then offered in evidence p.ees SO to so o.
his book, inclusive. This offer was objecl-
ed to BY defense and withdrawn by pros
ecution for the present. Witness then said
that he made his fret Issue on the following
Wednesday or Thursday after he took
charge. These issues we're weekly issues
TO he Indisns. There were on that agency
TAI Indians to whom he issued rations q,
that time.
There was q written or printed regulation
as to the number Of rations to be issued to
an indian at each issue.
He had been n, this agency before be
took possession there. From March 10th,
1873, to the date of his fret Issue there had
not been, to his knowledge, any decrease in
the number of Indians at that agency tu'
he was absent up to the 10Th If the month
He then corrected a former statement, say
ing there was no regulation written or
printed 10 regard to the number If ratinps
to be issued to each Indian each week. He
bad refreshed his memory, be said. in
regard to the marks on the tobacco 10 ques.
ton that some boxes were addressed to II
F. Livingston, and some to United States
Indian agent. Some of the small boxes
we're inspected 10 1870.
The large sized boxes weighed from 1Os
to 100 pounds. and were addressed 70 II.
F. Livingston, in care of Northwestern
Transportation company.
The manufacturer on some of the
tbe boxes was Mayo & Company.
This tobacco was that fouad IN the car
penter chop.
The tobacco In the cellar was all 10 large
boxes; five Of them we're inspected 10 1873,
and he thought some Of them were in
spected in 1874, but be was not sure
Part of this WAS from McVeagh g. Co.,
and part from Pr mberton.
On the 9Th day Of November 1873, he
took a census of the number of Indians on
the agency. By this census be found on the
agency s62 "Yankton A" Indians, includ-
ing Drifting Goose's band Of nearly one
hundred Indians. This band was moi there
on March 22d, 1873, but come, he thought,
in May following.
This closed the examination in chief of
this witness.
Cross Eraminat;on-He took possession n
Crow Creek agency on the 22d day of March,
1873 He first made an examination in re
gard to the tobacco on the 26th and 9th days
Of March. The first tobacco he found in the
house. Found there about 5 or 6 boxes.
This was plug tobacco, he did not know
what it weighed. Did not examine this to.
bacco particularly and did not know what
marks we're on it. He made this examina.
lion Of his own accord, was not ordered to
DO 40. He did not stay in the issue house
long. His clerk was with him at that time.
The next tobacco found wa that in the
carpenter shop. There were about % small
boxes. and Is or 16 large ones in this lot.
He did not weigh them himself. All the