Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-20
White Gov. Little Cloud, Rabbit, Standing
tnths Center, aud Black Stem. being the

White Cow. Little Cloud, Rabbit, Standing
In ths Center, aud Black Stem. being the
namsss OF Indiana recorded. AZ drawing ra-
lions Of DESCENDANT on March 10Th, 1873,
Capt. SDoushertv said that atino dime since
NE took posssaiou had any head of a family
bearing any OF these names except Head
Driver, been at the agency or drawn supplies
10 far as he knew. Head Driver came in
that summer but wentaway again.
The prosecuting attorney here offered 20
prove thu, the defendant WAS worth nothing
when he became Indian agent. That he
had no income except his salary of 81 500
per year, while he was agent, and that
when he left that position he was worth
from fifty toisix,y thousand dollars. This
offer was objected to by the defense and n
short but somewhat spirited argument fol-
lowed in which Mr.. Spink. for the .defspse,
said he did not suppose that the proFscpk
ing attorney Thought for a moment that this
oHer could be allowed, but that he made il,
and thus brought in matter which. he had
no busin.ss to, simply for the purpose OF
getting it before the jury.
The United States attorney replied that
such was not his purpose or intention. IL
was not his custom and he never did any
thing; tof'that kind. Never offered evidence
which he did not think was legally admis-
sible That he was fully of the opinion tina,
this evidence was admissible or else hi
reading oflaw on that subject had been for
nothing. 5,f, ,,a.t~a
Mr.. Trip aaid he did not think the ad.
mission of such evidence couldrbe entertain.
ed for one moment, but, if the c%ourtthouslt
it legally proper, it would place the iefsn-
dant where he could show, as he would be
glad to, and as he should co, just how much
money he took to Grow creek agency, jus,
what he was worth to-day, and where all
his money came from; and, if he did no,
show to the satisfaction of this court and
jury, not only that he was innocent Of the
'Fpresent charge, but also that he had been
honest at all times, and had obtained every
dollar of his property honestly and fairly,
then he would, willingly submit to the
charges made against him.
The court then said that the question was
not only an important one from a legal point
of view but had become a grave matter by
the counsel for the defsnae charging the o.
s. attorney, in a manner he was very sorry
TO hear, Of violating his oath and dtiy as an
officer of the government, and, thu efore,
they would take an interest in looking up
authorities on the subject. 81
The argument. of this offer and objection
was resumed at four o'clock and a rather
warm discussion followed, after. which the
court ruled "a follows: He had listened
attentively to the arguments of the counsel
on this point and to the authorities quoted
It is true that Wharton in the first volume,
section seven hundred and twenty eight.
stated that ID case, Of ed nbezzlement, infer
encesF Indicating that property was dishon.
estly obtained, may be drawn from sudden
acquisitions o fproperty By persons previous.
ly poor, and that author raferred to the case
ofthe commonwealth against Montgomery
eleven, Metcalf five hundred and thirty
four. There were undoubtedly other cases
which go to show this general principle
But looking, at the circumstances as thus
far given in evidence, he doubted the pro
priety Of SO ruling in this case. Objection
of the defendant was sustained and the offer
of the United States attorney overruled.
The prosecution then offered in evidence
certain sections Of a report Of the commits
sion Of Indian affairs for the year 1873 for
the purpose of showing the amount of "a.
tons TO be issued to these Indians at Crow
Creek agency as- contained il an agreemer
made bysthem withstbe government in. Au'
gu.t. 1875. II was admitted and read ,e
the jury. Wal = AsX.
n WELLS IT,
was called and sworn. He testified as fol
loves He was, on the goth and 9th Of
March 1873, at Grow Creek agency and was
present when the tobacco was found in The
loft of,he carpenter shop. He then wen
on and stated in regard tos.that tobacco sub.
stAntially corroborating il what he sac,
what had already been;stassd in regard ,c
that tobacco. @Sx
The court then ~adjop'trin,sxd until to NOR
row morning ate O'clock.
TAi l' I AND VOCAL Music,
Ar,rHEEs