Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1880-05-04

He-darert IIrHUtnHttOH.--Iherc were as
many as four of these papers and there
might have been seven.
The defense then offered to show that
those four Indians received at tile office
of Dr. Livingston either four or six pa
pers; these Indians Immediately took
these papers to Il. L. Hudson at the
traders store, and that he paid the In
dams the money on these papers, aggre-
eating in amount $24S.25.
The prosecution objected to the offer
as being uncertain iii regard to the num-
Der of papers, etc.
The court said he could not under
stand how they could claim that these
five Indians could receipt for more than
one band-his own-or receive orders for
and other band.
The defense then offered an ex-
planation of this matter, but
prosecution objected to its being done
before the jury, and they were. directed
to withdraw. ',~n - - = ~s''' '"sAsSs
The defense then offered as explana-
tion that. the chiefs signed not simply for
their own band but for the whole Yank-
tonais tribe, and these were often signed
in this manner; that there were seven
bands in the tribe, but that only these
AouL 4AuAA1s uptAAlAy blSucu bllc I)upCTb.
The court decided that the witness
must be confined to the four papers in
evidence as given on both sides and
sworn to by the subscribing witnesses,
or that the defendant must at least be
put upon the stand to prove the number
of these orders and whether or not he
had any settlement at any time with Mr..
Hudson, and whether or not he had re-
ceived them back from Hudson or what
became of them, and that these orders
must be confined to the transaction in
evidence. -
The Jury were then called in and DIR.
Livingston recalled. ys>
He said, on beingishown the vouchers
in evidence, that the. hand writing in
their body was in the hand writing of
Henry e. Gregory, his clerk, and they
were made out in the month of June
previous to the date Of the signing; that
the signature to the certificate was his;
that the signing was done at his Office
June %, 1876; that the marks of the In
dians were made by White Ghost, Run
ming Bear, Splitz, and Weizi. He sent
for these Indians by their Interpreter,
Antoine LeClaire, and they came all
] together to, his Office and signed the
papers in the presence ofsJohn B. Rich
ardson and Henry Brockman. He told
the interpreter to tell the Indians that
this was a receipt for the money for
wood cut at Crow Greek island, in
amount two hundred and eighty
seven dollars and twenty-five cents
he then heard Antoine talking in Indian
to them; he then asked them to touch the
pen which they did while he held it. He
then gave them orders on Z. E. Hudson,
the store, for the amount. He thought
the orders were given to the Indians sep
arately after they touched the pen. There
were at least four Of these orders and
perhaps six; he could not distinctly re-
member the number. He.had not seen
these orders since he gave them to the
Indians. He gave no other orders tc
these Indians on that day for stumpage
OF. anything else.
/ E. E. Hudson, recalled. Said the last
time he saw these papers was in the fal.
OF 1877, when he took an inventory; he
saw them among others and put them
back in the pigeon hole in his desk, anG
he had not seen them since; he never re
moved them from there. The desk wa.
in his possession uutil the seizure of thu
store in the spring of 1878.
r0ss-erdn,iadti0n--He had last seen tht
paper in the fall of 1877; he was recon
ing up his accounts then, but those
I papers had been settled and he made ne
minute of them; they were settled il
4 the year 1876; he5 could not remember
the month. The pigeon hole was open
not locked. He did not make any min
utes of the papers.
The court then took recess for din
| ner