Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-16
LIVINGSTON on.1mal.
Consinsasio~ OF tho Evidence. aud IRE
creatngs Before the Dated states Court
MONDAY AF4ERNooN

creatngs Before h unitcd states Court
MONDAY AFrERNooN.
Henry Ar,huEs on the stands
Redirect Examination He said that he
considered 1t was fled for approval the
Same as any other voucher or certificate.
Mr.. Arthur stated that paper marked "a"
was used to verify theAasue voucher made
by defendant. This paper goes for appro-
val and allowance to the accounts division
of the Indian office.
He was then re-cross-examincd and said
that every claim tor money or properly
msde against the United States. had to be
audited by an auditor; that there was
nothing on the paper marked "a" to show
whether it was approved or not. Papers
of this nature are disapproved bv notifying
the agent and asking for an explanation Of
anything thought to be wrong. and 1t might
be SO disapproved although 10 minute Of
such disapproval was made on the paper
itself. There are several reports which are
approved In q like manner. All such
papers are filed whether approved or not;
all papers containing claims for final settle.
ment. seht from the Indian office to the
treasury department have on them some
mark showing that they are approved.
CAPT. DouGHERTY.
was. then called to the etand. He eaid he
was acting Indian agent at Grow Creek
Indian agency, which agency was within
thu second judicial district of the territory
If Dakota. That on March l6. 1878, DR..
Henry F. Livingston vas agent at that
agency and he succeeded him on March 22d
Of that year. He vas an army officer de-
tailed for that duty. After taking possession
of said agency he made a pchedule Of sll
the property found there. He made a me-
morandum Of said property. Being handed
a paper he said it was a copy of ruch memo
randum as made by his clerk. Said memo
randum was marked ~ and offered in evi
dence. 1t was headed az a memorandum of
property found BY Capt. Dougherty at Grow
Creek agency when he took possession, which
was not accounted for or reported in the
cash return of the former agent, Henry F..
Livingston. q
The defense objected to the admission Of
this paper in evidence and their objection
was sustained.
The witness then stated that he found al
said agency a quantity Of tobacco, as follows:
In the issue house and in an old store house
nearly 1000 pounds and 1926 pounds in the
loft Of the carpenter shop. These two lots
were found when he first took possession.
and some time afterwards, on the tenth of
July, 1904 pounds were found in the cellar
which it was contained were partly covered
with dirt which had fallen in from the sides
of tine cellar.
A paper marked "K' was shown to wit
ness. 1t purported to be a diagram of Grow
Creek agency, as it was in March 1878.
Witness said he recognized it. 1t was
then put in evidence and explained to the
jury by the witness. He than stated that
the tobacco he first found was reported by
him in his next return and the others were
reported some time after, except five hun
bred pounds, which was in a bad condition,
and that is still at the agency that he had
accounted to the government for all the
rest. He stated that he was ordered to make
this inventory. His first order was a verbal
one from Gen. Hammond, inspector of In.
dian affairs. He received a written order
from the commissions of Indian affairs
afterwards, but he had executed the verbal
order before receiving the written one.
Court here adjourned until $50 Tuesday
morning.
TUESDAY FORENOON.
At $50 Capt. Duusher,y was again c,lled
to the stand. He stated that the cellar.
where the last lot of tobacco was found, was
an old one under the issue house. The steps
leading into it were torn away and the trap
door over the entrance was covered with
cornstalks. The cornstalks were removed
and the door was then discovered. The
tobacco in this cellar was in large oak boxes,
containing ITO pounds each. These were
the manufacturers boxes and were all adj
dressed to Dr.. Livingston, from Franklin.
McV-age & Co., dealers, and were inspected
IN 1873 and "a. The tobacco IN the loft Or
garrett Of the carpenter shop was the only
thing there except perhaps some joints Of
stovepipe. Some of thi. tobacco was in
large aud some in small boxes. Some of
the inspectors marks on it were for 1871 and
~. Witness said he had formerly been in.
spector Of Indian supplies. That he had
inspected some tobacco received by DR..
Livingston in the summer of 1877. He
could not recollect how much. A third lot
Of tobacco was found in the issue house aad
10 an old store house.
Witness was here shown a paper marked
a." entitled. property Return of William
E.. Dougher,y for the second quarter of
1875" He said it vas his ~"property le-