Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-25
Jhf Daily frsss asa 1atstatzs
WhxroN . DAKOTA.
Thursday Evening, March IS, 1880.
lContinued from I'd psge.

Defense then offered TO prove by this
that Capt. French hsd on hand q
large quantity Of poor t"b,cco, sRd to fol.
low THE, bv showing tina, this tobacco 10
the loft of the carpenter shop. and 10 the
Of the old issue house, was q part oil
that identical tobacco which French lett
there, and which had been there ever since
and WAS never receipted for by DR.. L,v.
This offer was objected to by the prose-
and ruled out by the court.
CrosseramWnation-He went from Brule
hack TO Grow Creek IN 1876. Brule was
eight miles below on the other side Of the
river. He did not see Seaman count the
tobacco in the carpenter sh ,p. h did not
see the tobacco when Seaman was counting
II. He vent up into the loft when Seaman
and ne took the inventory. He counted
the boxes Of tobacco. All the tobacco
boxes he saw were hard wood. He did moi
think the hatchets we're 10 soft wood boxes.
French's name was on some of the boxes
on two anyway. He could not say how
many there were. He did not see DR. Livinca
toms name on any boxes. He saw Seaman
use a book. Did not see him use sheets Of
Of paper. he did not help him to do it all.
In the old issue house they went into a Gel.
lar through a trap door. He did not zee
anything over that door before they went
down. He counted these boxes 10 the GEL
lar, and some we're tb40 boxes. and come
ESQ, to The best OF bis recollection. In 1872
he was q carpenter at Brule. He went
there 10 April. be thought. Before April
he was sawyer aud acting csrppnter at Crow
Creek. He did not remember Capt. Dough.
erty coming to him about March 81, 1873,
and asking him what there was up stairs in
the loft Of the shop. He had no converse
ton with Capt. Dougherty for five weeks
after he came there. he is now q miller,
employed b Brnmble, Vii :" & Co.
Redirect Examination had =
conversation with G. neral Hammond in the
presence of Capt. Dougher,y, about that
time and at that place, concerning what Wa
in the loft of the carpenter shop. Hammond
asked him what was up stairs. He told
him there was tobacco and lumber up there,
aud the tobacco had been there two years
Hammond then called him a liar.
MAJOR HENRY GREGORY
was called and sworn, and said he resided
at Yankton. He went to Crow Creek agen
cy in the fall of 1872. Went east in 1877:
and was away until 1875. Then he wen
back and was there until 1876. H. wa.
clerk there during that time; knew tn
building called the carpenter shop. H,
knew about the TOBACCO in the loft Of thi
building. He first saw it in '73. He wen
there for something he wanted, and wen
up and saw the tobacco piled there. he va
in and out Of that building all the time h
was at the agency. This tobacco was ii
| different sized boxes. He did not examin
the marks did not count the boxes, but h
should judge there was from 9 to 10 hur
dred pounds of it. He had handled tobacc
for a number Of years. The boxes appeare
to be old. He did not see any change il
the appearance Of this piece Of Tobacco
while he was there, except once they move
some Of it to build a chimney. He saw tw
piles of tobacco in the old issue house j
1878. One pile was old boxes, and tn
other was that they mad" the regular issu
from to the Indians. They never issue
out Of the old pile to his knowledge. Som
Of this, a small amount Of it, was given o,
and sometimes the boxes were move
around. This tobacco was given out ft
labor. No issues were made from it. n
did not notice any particular change in II
amount of this. 1t was in boxes of two size
Some, he should say, was in sixty poun
boxes, and some in eighty pound boxe
He did Tot examine the marks on tho
boxes.
Cross Observation-Disclosures first saw t
bacco in the carpenter chop in the loft
1873. Went up al that time by a pair
stairs. He could not cay when they We
moved. He went away in the fall of ISL
He could not say how many times he v
in that loft during tina, summer. He v
there more than once. COULD not say hi
many times. To the best Of his knowled
it was not removed during that time.
came back in the spring of 1875. He cot
not swear positively, that the same toba'
he found there then, was what he saw tn
in 1873, but he was pretty sure it was.
did not know anything about the toba'
after 1876. He did not issue after 1875.
did not know Of any issues being made fir
that old pile. He could not say that it
the identical tobacco he found in 1873,
that he aaw in 1875.
The original Of the copy Of the let
which prosecution gave defence notice
produce two days ago, not being produ'
3 .-l~--.