Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-30

LIVINGSTON on TRIAL.

LIVINGSTON ON TRIAL.
of tho Evidence aud Pro.
ccedinKs before the United states Court.
MONDAY AFTERNOON.
The re- ss-examination Of II. +. Living
ston was resumed and witness was handed
certain papers. He said he thought certain
signatures were those of Zephir Rencontre
He was handed some on which be thought
the signature was not written by him. He
could not state that he was preaent and
heard him authorize somebody to sign his
name to any of these. He did not recognize
any Of them az his own hand writing and
did not think they we're. He could not
state any particular time when he sav any
person help the interpreter to write his
name. He thought the y hole amount of to-
bacco turned over to him by Captain French
was approximately 400 lbs. 1t was not
true that Captain French took RECEIPT for
all the property turned over to him.
Redirect. Eramination-When he knew
that signature was not written by the in.
terprcter himself the witness was satisfied
that 1t was written BY his authority, by the
interpreter acknowledging to him that it
was 80 done. Zephir Recontre is dead, he
died in 1877 or 1878.
Re-CToss- -Eramindtion-.Witnes was
handed certain papers on which the sigma
ture was not written by the interpreter. He
could not state when, where and iu whose
presence he acknowledged the authorization
Of the signature or whom he authorized to
make them. He did not state positively on
his direct examination, that all the sigma.
lures Of Zephir Rencontre were in his hand
writing.
MAJOR HENRY GREGORY,
recalled, said he knew Zephir Rencontre.
He died in the spring of 1873. Witness was
agent at Lower Btule from '76 to '78. Zephir
Rencontre was hls interpreter during that
time.
The defense then offered TO show by this
witness how the interpreter signed his name
under Major Gregory, as corroborating DR..
Livingston's testimony, IN regard to the
manner of his signing.
1t was over ruled for the present.
Witness said he knew this man first in
| 1874 and from that time until he died. From
70 till the time of his death, he was old and
infirm from age. He could not say that he
ever saw him write. He did not think hi
ever wrote anything except his name. While
he knew him, before he became agent, h,
never saw him write his.name. Major Riley
succeeded Dr.. Livingston at Lower Brul,
and witness succeeded Riley. He knew hi
condition and ability to write in September
1915, when he took possession at Lowe
Brule as agent. When he first presented
the receipts he said he was 90 old he coul
not see and his hand trembled 20 be couIt
not sign them. He thought one of his boy
then signed them for him.
Witness was shown paper, said it va
his first receipt after becoming agent. Show
a signature, which he said was the name {
Rencontre, written he thought BY one of hi
bows He remembered he asked his boy t
sign it. He employed this man as his ir
terpre,er.
This paper was offered in evidence fc
comparison with the same name as othe
papers in evidence.
1t was submitted and read to the jury an
this name shown them.
Cross Eramination-He was superintel
dant of farming at Lower Brule in 1875.
[Witness was sh wn No. 50, and identife
his signature thereto.l
The witness thought he was acquainte
with signature of Henry Brockman.
GEORGE H. HAND
being called and aworn, said he resided
Yankton; had known DR.. Livingston f
fourteen years. His reputation for truth an
veracitv and honest dealing during tn
: time ad beer good.
d Cross Examination DIR. Livingston We
4 to Crow Creek in 1866, and was there un
!, 1878.
GEORGE W. KINGsBURY
h.iug called and sworn, gave similar tes
m"nv as to Dr.. Lving-ton's reputation
honesty, fair dealing, etc.
GOV EDMuNDs
= being called aud sworn gave eimilar tes
mony
g L. NJ. Purdy, J r. Sanborn, ]. A. Pott,
"a ~. Dewitt, Leonldas Congle,"n, Jam
NJ. Stone. Judge Leeper, Fred Schnanh
= A. w. Howard, Ephriam Miner, and NJ
J, Gregory, all gave similar testimony.
CAPT. LAVENDER
d. being called and sworn said that he had
e sided here four years as . grocer
handled tobacco and was familiar with
pr different sized boxes in which tobacco I
/. put up and shipped.
- The defense here offered to show by VI
- ous dealers in tobacco, that boxes lar
e. than 60 pounds net were not known to
in trade.
4. The offer was ruled out by the court.
= The defense here closed their case.
CAPT. DouaHERTY
~ was recalled by the prosecution in rebut
Witness knew Zephier Rencontre's name
nd one Of the papers already IN evidence, VII
DR.. Livingston stated was not written
Rencontre himself and asked if Reno
tres name was written by himself.