Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-29
LIVINGSTON on TRIAL.
CO"stsuaaiom OF the Eviaesos and Fro.
crrdiugs " fore The UaissA statcs Court.


SATURDAY AFTERNOON.
Cross examination of II. r, Livingston
continued; Wit1ess was handed u number
Of papers purpor,ing TO be invoices. bills
Of lading, etc. OF goods shipped to Crow
Creek agency. He said he remembered re.
those or like papers. but there lwas
NJ marks by which he could identify them
as hcing the ones he received.
These papers were not put in evidence.
Httness then said that he did not think
could state positively Just In what ware
house, aud in what parts Of these ware
houses, the whole 2 1886 pounds of tobacco,
received during tho whole time he was
agent, was placed. To the best of his
knowledge none of it was ever placed 10
the cellar of the old issue house, or 10 the
lott of the carpenter shop. He could not
say that he was present when it was all re.
ceived, but thought at the time he knew
where it WAS all stored. He did not state
positively that he got from Capt. French
the former agent. between two and three
thousand pounds Of tobacco, which he new
er reccipted to hun for. 1t was pointed out
10 him when he took possession, by Capt
French. and he remembered having some
conversation with him concerning it. 1t
was. at that time, on the lower floor of the
building, If eI wards used rs a carpenter
shop Was not weighed at that time or at any
other time. The boxes this tobacco was IN
varied in size. He thought there were three
sizes-2O, 40 and 50 pound boxes. He.
could not state positively just bow many
boxes there wsre.os
To the question If he meant to be under
stood to swear positively that be had fol-
lowed that tobacco. personally, with his
own eyes. from the time Capt. French
pointed il out TO him In The carpentershop,
to the different places where it had been
moved. down to March of 1873, when II
Was found in the cellar of the issue houses
He said be did moi want To. be understood
To state that he stood and looked at that to
bacco all tth time during those eight. years,
but he saw it of ADD on during the whole
time. He ordereifalfth the changes that were
made with it, and saw those changes made.
though he could not say that he stood and
saw every single box moved 10 the Different
places. = .s4s san h..
The cross examination here closed.
The defense then asked time before pro-
ceeding with the re-iiiect examination, 10
the numerous papers that had been
submitted to Dr.: Livingston by the prose-
cution, in order that if there vas ANYTHING
therein requiring explanation they might
explain it.
The request was granted and the court
adjourned until 10 O'Clock on Monday
next.
MONDAY FORENOON.
The trial Of the Livingston case was re.
sumed at II O'Clock this morning, by the
re direct examination of Fl. +, Livingston
the defendant.
Witness said the papers.delivered 10 him
by Capt. Dougherty in May, after he took
possession. were his own personal copies.
which be made for. his own personal con
venience, and did not belong to the govern
m.nt.
In explanation Of the difference IN an.
pearance of enc of the Interpreters sigma.
lures on various papers put 10 evidence by
the prosecution, he said that Zepher Rem.
contre was the interpreter at Lower Brule
agency. He was an old man 75;or 80 years
His hand trembled so it was hard for him
to wri,e his name. For the first three or
four years after witness was agent, he was
able to write bis name, but after that time
he usually authorized some one 10 write Il,
for him, though sometimes he made his
mark and at others. bad some one steady
his hand while he wrote. Witness said
that when he had need Of this mans sigma
'ure he satisfied himself that the man wrote
II himself. or that il was written by bis
authority. 9
In explanation of certain erasurcs and
interlineatlons 10 some of these papers
which bad been taken from the office at the
'ASoSyS 'uN 5oiu luht UCtOEC TIE
year 1876 be was not required 10 make these
papers out in tripIicste and retain a CODY a,
his office. Before that time, however. be-
usually did have them made out 10 trip.,.
cate and Kept oyer at the office for his own
convenience, and II there Was snY error or
erasure 10 any one Of them. thai was, The
one he retained at the office. In cxplana
ton of the larger lssue Of tobacco made
before 1876. than after that tune. as shown
by his property return, he said that up TO
the year 1875 he issued to ihs ] odisnsy one
pound OF ,tooacco with every one hundred
but after that time only, one half
pound. Hs7said that when hesst4ted tina,
he received over two thousand pounds OF,
tobacco from Capt. French he bsd reference
to that which he. reccipted to him for.
French did not-ask him to receipt for the
p,or tobacco. He was agent a,two places,
Crow Greek and Lower Brute, from l670to
1875. The Lower BruIe Indiansvared in
numbers very much. Sometimes they issu: