Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-27
LIVINGSTON on TRIAL.
Continuation OF the Evidence aud Pre-.
c-edi"gs before the United states Court.

Continuation OF the Evidence and Pre-.
c-ediMgs before the United states Court.
FRIDAY AFTERNOON.
Cross examination Of H. +. Livinss,ou
was resumed, and the introduction Of papers
sppertaining to property returns continued.
Paper marked 81 wa shown the witness,
This purported to DO a voucher of issues.
&C., in the year 1875. signed BY the chiefs
of the tribe aud certified to BY two i~nterpre.
tiers, Antoine LIE Glare and Zspher Rencon.
tire, signed by the usual witnesses and sign.
ed and certified by the agent, DR.. LIVING
ston. 1t showed, among other things, an
issue Of l,495 pounds of tobacco. Witness
said he could not swear positively that he
was present in person and saw the Indian
chiefs sign this voucher, but he thought he
was. Neither could he swear that he was
present in person aud saw this tobacco is.
sued. He knew the interpreter, Zepher
Rencontre. He could not swear that his
signature was written.
Prosecuting attorney then asked: Ia it
not a fact DR.. Livingston, that the signature
Of Zepher Rencontre was not written by
him at all, but was written BY you, your.elf!
This question was objected to by the de-
tense.
The prosecution then offered to prove that
the signature of one of the Interpreters
Zepher Rencontre-was false; that it was
not made by him. but by the defendant
himself; thus going to show that this vouch.
er was false and fictitious; that such issue
Of tobacco never was made, and that the
surplus thus caused was part Of the tobacco
found in the loft of the carpenter shop and
in. the cellar Of the old issue house.
The objection was then Withdrawn and
the witness said: No. sir. He did not write
the signature. He could not swear posi-.
lively that the interpreter himself wrote i,
but he thought he did. He was old and in.
firm and his hand trembled, and sometimee
he made his mark. He could not swear
that he ever made his mark on any of hi.
official papers. Paper number so, another
voucher for 1875, similar to number 81
showing an issue Of 1923 pounds of ,obac.
co. was next offered in evidence, and a sim.
liar offer of proof, was made by the prose
cntion. Similar questions were asked the
witness and similar " received. /,
was then admitted and read to the Jury.
Paper number S2-a voucher-similar to
50 and 81, showing an issue of 6S3 pounds
tobacco was admitted and read to the jury,
after a similar interrogasory Of the witness.
Number S3-another voucher was read: but
showed no issue of tobacco.
The Judge being sick and unable to pro.
coed with the trial, the court then adjourn.
ed until tomorrow morning at ten o'clock.
SATURDAY FORENOON.
Cross examination Of H. F. Livingston
was resumed, and the introduction of papers
appertaining to the property returne, ETC.,
still continued by the prosecution.
The certificates and receipts, or voucher.
accompanying the property returns of 1870
III, '72, '73 and "a, nineteen in all were
identified by the witness. Also the property
returns and papers appertaining thereto, tc
the number of thirteen, for the year 1877.
These thirty-two papers were admitted in
evidence, and the U. S. attorney proceeded
to read them to the jury, some in full, and
others only as they appertained to the issue,
ETC., of the tobacco. The witness was cues.
toned in regard 10 some of the receipts and
vouchers, in q similar manner az be was
questioned in regard to other vouchers yes.
terday, and to these questions he replied a.
he did yesterday. This questioning was
done IN support Of the offer made yesterday,
with a view, in connection with the proof ia
be introduced farther on, we suppose, Of
showing that these several vouchers were
false, fictitious and fraudulent, as to the
various issues, and special as 10 the issues Of
tobacco therein contained.
Witnesses statements in regard to these
vouchers were invariably as follows: That
ne could not cay positively that be was
actually present at each and every issue
during the quarter, which took place at NO
different places, and SON e.imes at the same
time, and saw all the goods issued and even
all of the tobacco. He could not sav hal
he was actually present, and saw each and
all the signatures personally attached there
to. He positively denied that any Of the
signatures except his own we're made by
him, and identified some of the signatures
that be knew.
The prosecuting attorney had proceeded
with his reading only to No. 80 of the pa.
pers admitted in evidence, when the cour.
took a recess until 1:3O p. m. for dinner.
SATURDAY AFTERNOON.
Cross Examination of Henry F. Livingston
resumed, prosecuting attorney proceeding
with the reading Of papers to the jury, com.
mencing at number ninety.
The introduction of this was finished at
3:15 p. m and no less than one hundred and
nine papers relating to property returns had
hoop oHoro1 Noth:u~ ro- -. l..1-l