Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-19
LIVINGSTON on IRlAl.
of the Evidence aud Fro.
cecdi"gs before h Uaited states Court.
THURSDAY FORENOON

Enc
Court convened At 9l5 this morning.
Characterization Of Cap. Dougherly
resumed.
He said the small box Of TOBACCO found
in loft of carpenter shop weighed between
90 and 30 pounds. 1t was removed from
the lott not longer than two weeks after h.
found it TO the new issue house and piled
10 tiers. "ss not placed with the Other
tobacco. Orders were given not to open
certain OF the tiers Gu Hammond under
took To make tie inventory himself and
then gave witness order to do II. He did
not make i, until he was ordered So 10 do
DR.. Livingston was at the agency at tina,
time, ~ W, S n"t present at the inventory
Hammond was a, he agency but was NO,
present at the N.Y. ntmy. Williams. clerk,
was with him during the examination
Dutfee was not clerk of the agency. Die
not know whether or not he had any thiot
To do with the tobacco. He was the bos.
farmer there. Witness did not remember,
whether he was present at the footing of th.
tobacco inventory at the carpenter shop.
ou, thought he did it himself that sam,
lay it was found. His clerk was with him
At hat time. He took weights from the
marks 90 the boxes M .1iiS,,J weigh i o,
see any of it weighed. No part of tb.
1000 pounds that he spoke about, agreed
With Or. Livingston's return in a cellar.
1t was 10 the old issue b use and the stor.
house. He accepted the figures of his..c,erk
rs to weights in the inventory at that timv
but verified the weights afterwards himself
The tobacco in the cellar he caused to be tn
Ken out and took the weights from the boxes
himself. The weight marks were all legi-
BILE; some of tue other mars, were ob T.
a'ed. Some of the boxes he thought per-
h4ps were smaller than the others. Some
IT them ,ox1Sx22 inches in size. He
did not weigh any of these boxes; he calico
'f the marks and Mr.. Randall took them
and footed them up; Mr.. West was presen,
At that time and one or .wo other persons.
and footed them up himself. His clerk
The tobacco in the loft be took the weights
VI, was present and some others. he could not
say who. Some of the boxes had to BIZ
moved to see the marks on them /; he had
40 ecnIiec, on of the number Of pounds o,
sugar he tnct, the writing he re-
freshed his me n"ry 700, r. n ade by hi
clerk, but he had verified the figures him
self y "kMg the weights from the /.
, III sou, of it he had weighed; b.
lid not Weigh this or see it weighed, bu,
took the figures X gave him Their.
was only a small quantity If l"s su.a, /;
be could not ten q. W u.uch sugar ther.
was without refreshirr Ia, M, mnry from
be book and ti.nres made by his clerk (;
= IF ~ NJ his memory from this book
be said the am 'un of sugar reported frs,
vas 90 26 n"I1ts and afterwards he found
f@hat this figure was not co ,mn,. touud
hi:nst 25~4 rounds more. On the las,
ofJapuar' of the next year he found 5,S7Sb
pounds; be d"it.t b this or see II
weighed tooas h,s weight from his clerk
this was all the ug,r III, und there.
Wnen hei Inventory he made yer,
little Of il himself. He saw those who did
make III. invent, :" nel ~ h+
buildings; he 'rven,or Il u. hardware
and one building that ',.h b. Il n; the
rest was drawn by some body else; be die
not know when he found the second lot If
>ug ar but thought it was three IF ur
weeks after be took possession; be could
not tell who inyentoried the coffee; it wa.
not him could Al tell f &. memory how
much be found but could tell from his book
which was 10 the hand WI = .
After looking he said be found one lot o,
: 1851 pounds and au",her lot of Cos pounds.
There wss some, found afterwards. Wber
ne went to An,ne al he found it 10 the
new n-";from his memory he should
say his clerk told him there was three or
f'ur thousand pounds; looking at the book
e sad I was 2.400 pounds. This WAS first
called to his attention III D {. mtc. 1873:
he could not remember nos much baking
powder be i"' WITHOUT looking at his
book be found some ofthe sugar In the lssu.
y ,l>rsu some nf the c, ff.e but did NOT
know whether it was all there or not. He
Haf zs~nN mheis 'p Z. ki.g Dowde,
was found and he took bis clerks word 70,
the egn OF this also and b. mad ~ 1890
pounds; he saw another quan,i,. of baking
oowder in Janua. I 1873. r. v, ntd
his clerks n .enents as to weights. to bis
own satisfaction ~ a careful examination
OF the property but did not weigh any of. it.
He had no recollection ss to the amour,
of beans fund. but from his clerks
entries fousd it was G,355 pounds
He did not know, of his own knowledge,
where or how many beans were found
simply knew what his clerk told him. The
same was true of all these other commodi
ties. Saw some more beans 10 the following
January, but did not weight them, bu, took
his clerks weight and satisfied himself as
to their weight by a very cursory examina.
ton. He took possession on the 22pd of