Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-31
LIVINGSTON on TRIAL.
Continuation OF III Evidence and Pre-.
cccdiaEs before she Unleed statesC Court.

Continuation OF tho Evidence aud Pre-.
cccdiags before lhs Unlted states Court.
TUESDAY AFTERNOON.
The examination of Capt. William l..
Dougherty was resumed.
Witness said that Seaman was assigned to
duty at the agency by Superintendent Ham,
mond rs warden. He was not overseer at
any time and never was left in charge. He
heard Seaman's testimony; did not hear
him state that he called off the boxes Of to.
bacco to him. He did not think Seaman
did call off the boxes of tobacco To him. He
took all of the tobacco out Of the boxes in
the cellar aud saved eight of the boxes and
sent them down 10 Yank 'on. He last saw
them at the Merchants hotel in 1878. He
sent them down in an agency wagon with l.
III. West and Henry Lang.ree. He tas not
seen them since January 1879. He had
not searched for them, but he looked where
he last saw them. These boxes were ad-
dressed to II. F. Livingston, U. s. Indian
agent. Some at Crow Creek and some at
the upper Missouri agency. Those address
ed to Grow Creek bore inspection mark
1874, and the others 1873. About the 9th
of March 1873, he went to Mr.. Richardson
in the carpenter shop, and asked him. alone;
wha, was in the loft, and he said he did not
know. After he took charge Of the agency
DR.. Livingston came to the office and said
he wanted to make up his accounts and ask.
ed for paper, blanks, stamps, ETC., and 20.
them.
lWltness was shown paper.1
Witness said he recognized it. The sigma
tnre was that of Gen. Geo. d. Rugeles, as.
sistant commander in chief of this depart
ment. 1t was received by the witness BY
mail at this office in Yaukton.
This paper was offered. in evidence and
bjected to, but after discussion was admit.
ted and read to the jury. 1t was an order
from the military department to Capt.
Dougherty TO take charge of Crow Creek
agency.
Witness was shown another paper, the
signature to which he identified as the sig.
nature Of Gen. Hammond. It had beer
directed to the witness and received by him
from Hammond.
Witness stated that Hammond had oficiaI
notice of Dougherty's appointment by the
interior departments as agent at Grow Creek
and requesting him go to do. He eaid wher
he Went into the Office he handed DR.. Liv
in s'on these papers. He appeared to read
them and handed Russell the military order
and handed back the other, and said he
supposed there was nothing left to do but tc
turn over. He then said any time would
suit him. They went out then and after
wards defendant refused TO turn over, deny
ing the authority. All the boxes in the lof
of the carpenter chop had marks on them
except the email oues. Fourteen large ones
were Of one consignment, and ten of another
some was from one manufacturer, and some
from another. The fourteen boxes came by
one transportation company, and the inspec
ton marks were of 1872. The ten boxes he
thought were inspected in 1874.
Witness was here shown q paper.
He said he found j, at the agency Office
after he took possession. 1t was with the
official papers and attached to a file of in.
voices.
1t was olered as evi lence and admitted
1t was an invoice of tobacco, 4O434 pounds
"
shipped to II. F. Livingston as agent at Grow
Creek agency, by Franklin, McVeagh & Co.
and showed the weigh Of boxes of tobacco
then shipped to be from ninety-four to on,
hundred and four pounds each.
Other invoice bills of lading &c. of tobac
co were il.n''fed by the witness, as taker
from the office at Grow Creek agency, anon.
Agent Livingston's papers, and admitted il
evidence. These showed fifteen boxes of to-
bacco weighing $3.50 pounds, shipped from
New York by the Northwestern transporta.
ton company, to DR.. Livingston, as agen,
at Crow Creek agency, in the year 1872.
Another paper identified and admitted az
evidence was a bill of lading receipting for
thir,y-eight boxes Of plug tobacco, shipped
to DR.. Livingston at Crow Creek agency,
and giving weights thereof.
Two other shipping bills were admitted,
showing a shipment in 1873 Of sixteen box.
es of tobacco TO DR.. Livingston at Crow
Creek agency.
Cross Er1mination.-Witnes said he wa
acquainted with Zephier Rencontre for
four years, but never saw him write his
name but once. He took an inventory of
the tobacco in the carpenter shop. Seaman
took an inventory including the tobacco on
or about the 9th or 2sth of March. He
took an inventory on March 28th. When
ne went up there first he did give it a very
curaory examination. This was before any
inventory was taken at all.
Since he testified before. he had looked to
some notes made in July in the issue house.
Those notes were not taken at the time of