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

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he was only to seize the merchandise.
When he first took possession there was
n desk containing money, books and pa
pers, and these, or a great portion of
them, was taken charge ofby Mr.. Randall,
n clerk of the interior department under
an order OF the secretary of the interior,
and good many of them Mt least were
taken over to the agents Office. He saw
them afterwards and saw good many
papers that had passed between DIR. Liv-
ingston and Z. L. Hudson, but could not
say that he saw any Of the orders in ques-
ton.
Cross E.raminntion-He did not really
make any seizure of the papers; he took
formal possession of them.
Rc-dtrect-He found the store in pos
session of the military; Sergeant Wells
had charge of the store, the agency
being under the command Of William
d. Dougherty, who was then acting In
dian agent.
Neither DIR. Livingston, or Mr.. Z. E..
Hudson, had access to any of these
papers, to his knowledge, after he took
possession of them.
Marshal Burdick then produced the
writ Of attachment under which he seiz-
ed said store, and it was admitted in evil
dence and showed in the return which
contained list of the property seized,
no books and papers whatever.
The prosecution then called Captain
William L. Dougherty.
He said he took possession at Grow
creek agency on the 22d of March, 1878.
He took the order under which he took
possession and read it to Il. Il. Hudson.
He afterwards ordered him to close the
store, which he did by closing the door
and locking it, and Mr.. Hudson carried
the key. Afterwards Hudson opened the
store again and took DIR. Livingston in
with him, and he then again ordered il
closed and put a seal on the door. He
never disturbed anything that was in the
store. He knew nothing about Randall's Is
taking papers out Of the store over to
the Office, but he found the books with
some papers, in a trunk in the Office.
Gross Eraminatioa-He ordered the
store closed on April 9Th, 1873, and day
or two afterwards he again opened the
it, and Sergeant Wells had key to the
thing about a seizure was when the mar
shall came up there. He did not cal
locking up the store seizure. He frs
v
the papers Mt the Merchants hotel, ant
also directed search to be made at til
agency, and afterwards made such searcl
himself. He found the papers he spok
of locked up in trunk in his office. H
did not know who put them there. The,
were put there when he was away.
Redirect Eraminntion-He did no
think he was in the store after he close,
| i Ill
papers away with him; lie did not know
however, what they We're.
Cross rdmindtion-Sergeant Well
and William Hudson were there Mt tina
time.
Hudson called by defense-Capt
Dougherty closed the store on April 5tll
At that time he removed only the post
. Office papers and such papers as e. {
Durfee, who was present and examine
them, allowed him to take them. Th
paddock was put on that same afternoon
Dr. Livingston came to the door befor
that and said he wanted his mail and h
gave it to him; that was all he took. H
never took away any of the orders froI
, the store.
DR.. Livingston recalled.
| The court over ruled an objection c
the prosecution to admitting evidence a
to the contents of these orders i'll ques
| ton, but confined the proof, first as
the exact words of each order, and if NJ
then the substance of each order.
q The witness then said he colud not stat
q the exact words of each order he drew c
Hudson MS in evidence; in substant
| each order was drawn on E. e. Hudso
/ dated June %, 1876; could not S;
G whether thcylwere payable to bearer c
to each particular person. The orde
e were for the payment of certain sum
/. money, but he could not state the eXa
q amount of each order.
q Examination of Ii. L. Livingston co
/. tinucd--All the written orders were givt
q to these four men that day ut one NJ
4 ms to the aggregate amount Of these Q
: ders was reserved by the court. WI
ness said each paper was in the form
n simple order to E. Il. Hudson to p,
bearer so many dollars and so MAJ
of cents, and was secured by himself.
a A question as to the number of ban
le ut Grow creek agency, the number
y chiefs or any difference in the size of t
bands belonging to the tribe of Yankto
ais, was ruled out by the court as incol
petent and irrelevant.
rs Witness then said after he gave t
g. Indians the orders they left his Office a
IL went in the direction Of the trade
IL store.
A question as to whether the doc
received any complaint as to these ord
not having been paid or that the Indie
did not receive the whole amount of
,f order was also ruled out by the col
hn m The jury being down stairs, the defer
s as then offered to show by the witnes
av a upon the stand that he received no not
ny from any of the Indians of the non-p
fnr ment of these orders by Mr.. Hudson, {
W. w; never heard from them any compla
a. that they did not receive the VII
o,,s amount Of the stumpage money.
'he M This was objected to by the prose
nc. m ting attorney, and the objection sust'
No ed, and the offer ruled out by the co
rns Cross Eramin0tion--These four ch
thn came to my Office on the 2}d day of J,
.ny 1876, in the forenoon: he could not
,ns ~ member whether any other person
,oI I there when they came in. He had
,w. m Antoine I4eClairc for them and the.
o;,. nil came in together. He could not say
ant ami signed this paper. He first addrc
hv them nll "a to what he sent for them
~ When Weizi touched his pen the do