Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-12
LIVINGSTON on TRIAL.
r~roceedinGs In The Unissd states Court on
Underwent Number Eight Against Hen.
~ r. Livlnkston.

In Unlssd states Court ON /
Underwent Number Eight Against Hen.
ry r. Livlnksten.
TuuRsDAY AFTERNOON,
FIVE o'clock, p. m.-After recess the ar
was summed up BY the counsel for
The defense citing several authorities 10
of their position. to which the
United States attorney replied in like man.
aer. The court then made some remarks
and left the decision until Ia. morrow.
The Uoi,ed States attorney then moved
that the be Jurors sworn aud as they were
worn should be kent together under the
Of sworn officers, when not in
court.
To this the attorneys for the defense oh.
jactcd, aud made some remarks ON the sub
ject aud then requested that the Jury be
discharged before they presented further
remarks.
rn. jurors were theteupon discharged
except Ole Gunderson, the one already
aud in the box.
The defense then urged as some of their
reasons that 1t was wholly unnecessary to
keep - enlightened and intelligent . jury
as the present one locked up under the
charge Of sworn officers during the trial of
of q case involving no more than the pres
ent-thst they considered 1t actually dam
gerousr; that 1t was not often that you could
find twelve men who would endure such .
seige that some of these would be very
likely to lie sick near the close of the ri
aud then they would have all the WORK
to do over again.
The United States attorney however, de-
manded that they should be locked up that
although nothing might DO said TO them,
that they could not 60 through the streets
without feeling the prejudice that existed
among the people.
The court said that - 1t hsd been done
10 the previous cases. If It vas demanded.
he would not refuse it 10 that case should
be do so the people would think him .
weak, vacllla.ipg Judge. with no stability
whatever.
The motion was therefore granted and
the proper officers ordered to be sworn TO
keep safe the one jaryman already in the
box.
The court was then adjourned until nine
8. n. Tomorrow.
FRIDAY FORENOON.
Court opened at 10 o'clock this morning
and the judge directed the order for calling
the jury TO be proceeded with.
The United States attorney asked the
counsel what legal ground they relied on in
Directing to this question, in regard to In.
dian testimony.
They answered that It was because the
causes for challenge were limited and well
defined, and this is not one Of them and
that they may not ask a juror as to his opin
ion in regard to any particular evidenc,
likely to come up during this trial of the
case.
The United States attorney proceeded t
cite cases which he held supported his pc
sition: that he had the right to ask sucl
questions.
Mr.. Trip then replied on the defense
arguing the question at length in an abb,
manner for over an hour, taking the posi-
ton that a juror can only be asked hi
opinion on q point that would determin,
the whole case but on no point that Woul(
only tend to partially determine it. and thu
get his opinion in regard to the whole cas-
by piece-meal. He can only be asked if b
has any prejudice or bias against the partie
on The subject matter in the action.
The jurors were discharged until 1:30 T
N. and the N sworn juror placed in charg
ofthe proper o~ficer.i
The court took . recess without 4 decis
ion Of the,queation in dispute.