Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-26

articles. He saw this tobacco when II was
being put down there. Some Of this had
French's name on Il, and some United.
States Indian Agent. aud was all dir. c,ed to,
Upper Missouri Sioux Agency. None Of
it had his name on it. He hal reen some
Of it opened aud regarded it a. utterly
worthless tobacco. Never Issued from It.
Gave some of it for work around the agen.
cy. He knew the building called the car.
penter shop. It Was formerly used as an
Issue house. When it was changed he
moved all the goods out Of the lower room.
Some tobacco was carried over to the other
issue house, and the balance put up in the
lof. Two kinds we're taken to the issue
house. Part was good tobacco from which
he issued and which he had receipted for.
The other was the poor tobacco, afterwards
put in the cellar. This was always KEEP,
separate from ,he other. About one-third
Of the poor tobacco was put up 10 the loft Of
the carpenter shop. He opened . quantity
of this tobacco in 1870 and found it bad.
Three or four boxes. Large, as we'll az
small. He opened several, all along while
he was there, and found it poor-did not see
any change in it. He never gave anv re-
ceipt for this poor tobacco and never took it
up on his property return. He receipted
for all the good tobacco on hand when he
took charge Of the sgency. When he said
he had 1000 pounds on hand in March, '78,
he meant the good tobacco. When Captain
Dougherty took possession, there was no
supplies Of coffee or sugar, and he knew
this BY an inventory he had taken q short
time before. He never did use or CONVEX,
any of this or any other government tobacco
for his v benefit in any manner whatever.
nor did he ever intend go to do. He re-
garded the goods at the agency as in his
custody. He had other people to take
charge of them. Mr.. Brockman made most
of the issues. When Captain Dougherty
took possession be meyer receipted or ten
dered him a receipt for this property. There
were belonging to the agency on January
LIST, 1878, about 1900 Indians, all of them
that were actually present were entitled to
draw rations. He took a census January
LIST, rs. About eight hundred and eighty.
six we're entitled to draw rations on March
10th, 1878. He found out who were enti.
tied to draw rations by questioning them I'M
til he satisfied himself they we're so entitled.
he remembered Black Dog coming to him
in January, of rs. with White Ghost and
the interpreter and he found he was a San
tee but had married a Yanktonai wife, and
was thereby entitled to draw ~rations, and he
gave him a ticket. &c. The funds he had
on hand belonging to the agency, he turned
over to the government depository IS he was
instructed to do, and took q receipt therefor.
He had no such triplicate paper as was de.
manded By one OF Capt. Dougherty's letters
in evidence. He never sent forward any
claim or abstained any credit from the gov
eminent Of the United States for. the issue Of
March 10th, 1878, according to the regula.
lions of the department at that time. He
knew there was a building where the coal
was kept He used to use that building to
store sugar in, and one barrel had not been
taken away. The coal was packed in sugar
barrels. There we're eighteen or nineteen
of this. 1t was packed in these barrels be-
fore it was shipped to the agency.
Cross examination BY prosecution-Witness
vas shown paper marked A, and said it wac
the weekly supply report made for the week
ending March 16, 1880. 1t was made nv
his direction. He signed the paper marked
A, as near as he could remember. during
the week following the issue, at the Office at
the agency. He received the blanks from
Washington. He had no knowledge Of
mailing that special report, and had no re-
membrance of forwarding it to Washington.
or causing it to be so forwarded. 1t was
made for the purpose of being sent to the
of Indian affairs. Witness
being shown a paper marked 4, said the
signature was his in his hand writing. He
lid not remember the paper in particular.
This paper was then offered in evidence bv
he prosecuting attorney.
1t was objected to by the defense; the OBJ
ection wa overruled and the paper read to
he jury. 1t was a receipt of certain papers
'ppertaining to agency business, received by
Dr.. Livingston from Capt. Dougherty.
was shown papers marked v and
Y. He did not remember paper marked v.
lie recognised the hand writing Of the pa
er marked w, but did not remember il.
whole amount of tobacco At the agency
T all kinds. belonging to the government At
be time Capt. D~ouRherty took possession
1aa approximately, 5000 pounds. That in
luded all tobacco on the agency at that
and bad. OF that reported by !
i'm on March 16, 1873, about that amount
'as there on the 22d. There might have
cen another issue out of that amount.
Court took q recess till 1870 p. m.
THURSDAY AFTERNOON.
Gross examinations of DR.. L~iyinpston re-