Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-23
tuesday Evening. March e, 1850.

his name. He could not swear that there
were eight hundred and eighty.six indians
at the issue Of March l6, 1873. All the
Indians we're not there, only the heads Of
families. He did not know for certain tina,
the voucher he testified about was made.
but he thought it vas. Among the private
property Of DR.. Livingston, that Captain
Dongherty seized, was his private papers
that we're in the agency safe. Witness was
shown paper marked Nv" and said the
handwriting was hat of Mr.. Langtree. II
was a copy Of a letter of May Is, 1873, writ
ten by Capt. DouRherty to DR.. Livingston,
asking him to send him q list of bis private
property that he, Dougherty, had. No de.
mand was made BY DR.. Livingston in his
presence to be present at the inventory.
Witness wrote a letter to Capt. Dougherty
making that demand, but did not deliver 1t.
He did not know by whom it wa refused.
He did not say Eagle Feather was present
at the issue of March 10th, 1873, but that
his ticket was presented.
Witness being shown the paper, said it
was in his handwriting. 1t was q list of
some of the doctors private property. He
did not know whether it was sent 10 reply
to the above letter or not. 1t vas not
to his knowledge sent in reply TO it.
He did not testify that Dougherty was not
present at any inventory. He stated that
the vouchers, up to March lot. were turned
over to DR.. Livingston. He did not know
whether any after that date we're turned over
to him or not, and did not know whether
any vouchers ofa later date we're made, but
thought they were after Captain Dougherty,
took possession. Witness thought he com.
pleted the vouchers up 10 the time of Dough-
er'y's taking possession (; did mot remember
what vouchers he completed. He thought,
to the best of his recollection, the vouchers
we're signed by the Indians, but could not
say for certain. He thought after he com.
pleted them, Dr.. Livingston took them.
Capt. Dougherty did deliver to the Dr., At.
ter he took possession, 8 private copy of Ger.
tain papers enumerated BY the pro. cutting
attorney. He did not remember whether
Dr.. Livingston consulted with him before
refusing 10 turn over the agency or not.
Did not think Capt. Doughertv refused any
official papers the DR.. asked for. Witness
said be married Dr.. Livingston's wlfe's
sister. To the best Of his recollection the
tobacco 10 the cellar was marked Supper
Missouri river agency" The Grow creek
agency was formerly known BY that name.
Did no,1k1aow when the name was changed.
1t was Grow creek agency when he went
there.
A number of other papers were then
marked BY the court-one, a copy of a let
ter from Captain Dougherty to DR.. Living
ston /; and the other a reply to the first from
DR.. Livingston to Capt. Dougherty. DR..
Livingston's reply was then offered in evil
dence and objected to by the defense.
The objection was overruled and the re-
ply admitted and read to the jury. In this
DR.. Livingston said that he would return
certain duplicates Of official papers, which
he had when he received inspuctione so to
do from the department.
The defense was given time to produce
the original of the Dongherty letter.
Another paper was marked "1'' BY the
and another "2." These letters were
one from Dougherty to Livingston and the
These were offered and objected to, the
given time to produce Dougherty's
original letter in place of the copy and the
offer reserved.
Redirect Eramination-Capt. Dougherty
showed no authority from the interior de-
partment, at the time of the taking posses
sion. Capt. Dougherty never, to his knowl.
edge, rendered any receipt for the property
when he took possession.
HENRY BRocKMAS
was then called and sworn.
He went to Grow Creek in 1869, and re-
manned until March, 1873; was Issuing "a.
tions 10 March, 1873. He had charge Of
the issuing from 1872 to 1873; issued most
of the time. and was personally acquainted
with most of the Indians at that agency ;
knew Eagle Feathers; she was . woman
and drew rations on March Is, 1873, HI
knew Standing Cloud. He belongs 70 White
Ghosts band; was a middle aged man and
lame. He did not remembsr. exactly how
many he drew for. thought it was five Of
six. He knew "Black Dog" but was not
vefy we'll acquainted with him ; did not
remember whether he was At that issue OF
not or what nationality he was. He Wa
the head Of a family did not remember
how many. He used to know "Ketle Car.
%ri.r," but did not remember much about
him thought he belonged to White Bear,
band. He knew Glad that, vas NOT all o.
his anne ; belonged to White Bears band
was 1t the issue Of March l6. 1878. He die
not remember "Lone Tree" He remember
ed "Head Driver; did not remembel
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