Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-04-02
LIVINGSTON ON TRIAL.
Continuation OF the Evidence aud Pro-
TContinued from Second Page1
FRANK WALCO'

man selling goods on the road. Had hand
led tobacco for fourteen years. Had exam
ined the samples introduced in evidence in
this case.
The defense then offered to show by this
witness and Others that this tobacco was
worthless and had been 80 for number of
years; that no such tobacco had been man
utactured for nine or ten years, and 1t was
kind that was not kept for over one year |
At the most
This offer was objected to and ruled out |
as q whole.
Witness said be did not know what kind |
OF tobacco formerly was issued to Indians, |
but now the government buys the best
kind of tobacco for this purpose. He called |
these samples oftobacco entirely worthless. |
He found this tobacco in very bad cOndi- |
ton--in fact the goods were rotten. There
was no l'quorce in the goods; they we're
made from cheap m0lasses which had
spoiled therein years ago.
Gross examination He first saw this
this tobacco; could not tell Of bis personal
knowledge ITS condition on March, 1873.
GOVERNOR EDMUNDs,
recalled: Shown signatures of Fl. F. Liv-
ingston and Zephyr Rencontre on certain
papers already 10 evidence, and asked to
compare them. which he did He was q
banker and had been such banker for
some over six years, and had made it his
business TO examine signatures.
Witness wss then asked if the signature
of Zephyr Rencontre on several Of the
papers we're in the handwriting of Dr..
Livingston--these being the same sigma
ture testified to by Capt. Doueherty as
belng'"t. he hand of DR.. Livingston.
WitTess said he thought they were not
they were not 10 his handwriting
MR.. STONE
called He was teller in the bank at Yank-
ton ; had been in the banking business for
several years and it had been his business
10 compare signatures. He then made the
same examination as the last witness and
was asked the same questions. He replied
He should say they were not in the hand.
writing Of DR.. l..
CAPT. LAVENDER
called. He was grocer; had handled
tobacco for number of years; had exam
ined the samples Of tobacco in court; if
The tobacco was as it is now on March 22d,
1878, it was entirely worthless
f. L. VAN TAssELL,
called aud sworn. Had been in the grocery
business for twelve years, and handled
quantities of tobacco. Could not tell the
value Of he samples of tobacco two years
ago; could not state positively what tobacco
was furnished the 1odiars prior to March,
1878.
| D. T. BRAMELE,
called. He had been 10 the grocery busi
ness tor the last thirty years; had hand led
4 n nj 10 hon Il
the samples OF tobacco in the court; be
should judge this tobacco had been manu-
factured long time ago. He thought he
could state the value OF the tobacco ia
March. 1878; he thought it was valueless
aud worthless ut that time. He was only
acquainted with ,ha genuine character o
the tobacco furnished by the government tc
the Indian agencies prior TO 1878. He knew
The witness w. II. French he saw hiu
yesterday and bad conversation witt
him. French stated TO him then that b,
could not remember anything about thl
tobacco he turned owe: 10 Dr. LivingsthI
ten years ago, and could not testify until b,
bad refreshed his memory from his papers
Cross examination He was first informed
OF Capt Freuch's arrival when he saw bin
IN Sioux Guy. French Introduced ,h,
conversation by saying he was coming u
Yank,ou. They first had some genera
conversation. Capt. French first approacbe
h,m 10 the cars ard spoke about the westt
er. Witness asked him what his bushes
WAS, AID then came the conversation ahnr
the trial He thou-h, he asked him if b
~as witness in the Case. He said be wa
!; witness nelore the grand jury, aud vol
nn,eer wilpess IN this cnse. Witness sal
ms Was tobacco case he did not tx pres
J, ,uy uplu,on 10 tue case. He asked Freuc
4 ne had nuy tobacco whlcn.was not 10 hi
:. etu,ns He said he could 10, rem, NIT
: 50 far hack wiihou. booking NJ his paper
There might bave been tobacco there b
], l!d not ku0W OF
n BRoCkMAN,
tr,ne called said be heard Capt FrenC
,,y 20 D.. Livingston about The time /
ufncd over 10 him that there was lot
: urplus tobacco which was not carried
!, his reports aud which was worthless sr
sh,ch he did not ask him to receipt to hi
!, iar, as he was not responsible for 1t 10 u
government
Court here took a recess until sew,
:. pcuck lhis evening.
THURSDAY EVENING.
Cross examinations Witness said
is q partner OF DR.. Livingston's sin
last summer in the stock business.
/, first went to the agency in 1869 under Ca,
u French. He did not speak the Eneli
language we'll when he went there. VII
this conversation occurred between Ca
French and Dr.. Livingston he was 10 I
warehouse. Smith was there also. W
ness WAS engaged in moving things aroul
o. French and Livingston we're talking q
L.; he heard French say after he turned o,
This tobacco he also had some poor tobal
a surplus which he did not ask him to
ce'p, for This was all he remembered
this conversation. This was some time
November be could no, remember just "
day it WAS. He did not hear French
. anything else of this kind after that.
DR.. Livingston r. called. Capt. Frel
, said to him in the presence of Mr.. Bro,
man at the .ime he turned over 10
,ha, he hsd surplus Of tobacco which
poor. He did not know how much, II was
carried on his books. he was not reepo
BILE therefor, and be should not requi
receipt from him therefor.
kSl Gross Termination. This was on or al
tho 9th of March Mr. Brockman was