Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-04-02

moi ask for y receipt for any tobacco, only
what he had on his books, and thu, he had
u large quantity of tobacco that he was not
rec ponsible for. He met Major Hanson Mt
Sioux City and took dinner with him and
when he went to the depo, he found d. Il.
Bramble there and they introduced the sub.
ject concerning this tobacco. They asked
him if tobacco could not be secreted SOME
where at the agency and he rot know about
it. He said he could not testify from his
memory, he would, have to refer to his
books. s8 y st
PERSECUTION then offered to show that
this witness was requested bv the gentlemen
not to obey the subpoena of this court, but
to go in some other direction.
The defense said they would not object il
these gentlemen on the stand and showing
what was said.
[This was granted and a recess was taken.
Major Hanson being present in the court
room, d. T. Bramble was sent for to hear
the witness testimony.
Mr.. Bramble coming in the case proceed
ed with:
Witness said some minutes after he enter
ed the depot at Sioux City, Mr.. Hanson
recognized him, but failed to remember his
name. He then told him that his name was
French. In the conversation that followed.
Hanson asked him where he had come from
and he told him. He said that he was ac-
quainted with him ten years ago. He re-
lieved him at Grow Creek agency. He told
him that he was called to testify in regard
TO tobacco which he had left at the agency,
that he could not remember about the to-
bacco until he saw his papers, also that it
was suggested that some things disagreeable
to him might come out on the cross exami-
nation, and that he had better take a trip to
Sioux Falls and not return in time for the
trial. They said tome that Agent Living
ston had not claimed that I had turned that
tobacco over, but that he had found it there.
l told Major Hanson there might have bee,
places where tobacco had been secreted and
that / might have known nothing about it.
! Bramble said something on the subject, abou,
{ the probability of the tobacco having lain
: there without his knowledge, that it nigh,
have been left by his predecessor. That was
about all he recollected Witness said that a
gentleman came to him at the Merchants
hotel last night about eleven o'clock who in.
: troduced himself as DR.. Livingston's broth
I er. Another gentleman was with him who
was introduced as Mr.. Brockman. The gen.
tleman said that his brother would like to ace
, him, and that he was at an office close by.
1t was dark when he saw this man and he
could not recognize him now.
Cross Efamination-He could not recog.
e nize that gentleman. The gentleman said
d his brother, DR.. Livingston, would like tc
O. 500 hsD, Er III, Ill ,>,kt o~. sLoA (. 1>-..la.
had heard that he (Mr. French) would like
: :. TO see him. This conversation occurred lust
e outside the door at the hotel. Agent Han
san introduced the conversation at Sioux
City by asking where he had been. He sale
8 he was subpoenaed as a witness in the Yank.
ton court. He said something about the
jurisdiction of the court and that he had
= been s%ubpoenaed before to appear before the
grand jury, but had taken no notice OF the
subpoena-that he was under no obligation
to come this time, but came as much in his
2 own defense as anything, as Agent Living
: ston had charged him with turning ovel
] property to him without a receipt. He was
= not compelled to come. He told him tina,
! he had no knowledge Of Agent Livingstone
? affairs, only that he was subpoenaed in re-
gard to this tobacco question. Then the
conversation in regard to this tobacco came
5 up. When Major Hanson first saw him he
affected surprise, and shook hands without
recalling his name. He acted as though he
did not expect to see him in this part of the
i. world. He mad not seen him for ten years.
He first saw Mr.. Bramole in the Office. He
was sitting in The depot when he went in.
Major Hanson said that that tobacco might
have been in some places and he not have
known it. Witness said be did not tell them
in the conversation that he had been told to
come out here to defend himself. He and
Hansen were together about two hours.
They went to the hotel and took dinner to-
ge,her Witness said there was little con-
versation at dinner about this case. Mr..
Wicker was at the table with them. They
were at the depot after they came from
dinner twenty minutes or half an hour.
They were talking about this matter all that
time on the platform outside. The usual en-
ployes and %loungers we're about the depot.
They then went up to the Hubbard house,
put their coats way and went directly in to
dinner. They walked up to the Hubbard
house. After dinner they were together till
they arrived at Yankton. Hanson was ac-
qnainted with him ten years ago. A part
of the conversation was carried on in the
train Of it at the depot. They rode
in the baggage car. Mr.. Bramble was also
in this car. Their conversation continued
on difsrent"snbjects until they arrived here.
Re direct Eramination-Mr. Hanson re.
quested the witness no, to bring his name
into the case, as he did not wish to have his
name coupled Herewith. Maj. Hanson in.
vited him to go and spend the night with
him. He (the w%itness) considered it as the
invitation Of a friend.
This closed the testimony in the case for
the prosecution, and the court took a recess
lasting till 1870 p. M.
TwENrY.FOURTH DAY.