Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-08
NO CONVICTION RETURNED
In the Livingston Case. But Amos. an
Acquittal.
The jury Disagree, with One Tor Absolute
Acquittal and Eleven for a Spe-
ciai Harmless Verdict.
Another Trial WIN Probably R-sul,-A
History Of the Case Thus Left
Unfinished.

AT ten o'clock this morning the jnry in
the case of the United States against DR..
Livingston, charged with giving indians
money in an informal manner, appeared in
court and announced that they were unable
to agree upon a verdict and they were &C.
cordingly discharged. The jury took this
case at noon on Friday last and we're con.
fined in their little room, reduced to the ab.
solute necessaries Of life, for seventy houra.
A great deal of care had been taken to pre-
vent any communication with this jury and
there is no question but that they have been
completely let alone in the sweet seclusion
which has surrounded their existence during
the term of their deliberations. They look
worn and hsgeard. but are still full Of the
native pluck Of American citizens and would
doubtless have served out the balance oil
their lives within the narrow confines of the
four walls which enclosed them, had it been
necessary.
After retiring Fridiy moor the jury took
sn informsl ballot, which resulted. six for
acqui,tsl and elk for conviction. Subse.
quent ballots changed the finding to five
tor acquiusl and seven for conviction and
from I at time until Saturday afternoon
tae question of intenlionsl fraud was argued
among them. This seemed to be the point
of difference and at FIVE O'clock Saturday
afternoon they came into court and asked
thss the indictment b. read. The court
complied With the request and delivered
some Instructions therein. The jury once
more retired aud under the influence of 8
fresh understanding OF the subject another
ballot was taken which changed the si'u-
alton materially. E!evea of the jurors
favored the return of q special verdict which
should state that the defendant had been
guilty of a tech meal violation of the law
without any intent to detrsud. The twelfth
man stood for absolute soqu,tssl and this
Sas the shape OF the Thing when The jury
announced its Inability 10 agree.
Al ten O'Clock Saturday night the
Jury we're ready to report aud the court was
notified of the desire to put 10 an appear
snce. For som reason it was deemed ad.
visible 90: ,o receive them al that hour ard
they remained within the jury room uutii
ten O'Clock this morning. when they we're
given audience and announced their insb,l.
lily 10 sgree Idol & veldtc.. The case will
therefore have To be tired again. though
ii will probably not come on at this term
Of court.
HISTORY OF THE CASE.
E. E. Hudson, who was trader at Grow
creek agency at the time the alleged INSIDE
neanor sas committed, and who paid the
Indians their stumpage money on the order
of DR.. Livingston, has given US the par,icu.
lars Of the transaction and we deem them
Of sufficient importance to warrant publica.
ton as a part OF the public defense OF Dr..
Livingston. Nj. Violin had a contract 10
supply the Brule military post with wood.
A portion Of this wood was Gu, on the Grow
creek eide of the river and upon Indian
ground. For the purpose Of reimbursing
the Indians for the wood taken Dr.. Living
ston required Mr.Volin to pay Them seventy
five cents per cord s,umpage. He desired
to move the wood to the river bank go that
it would be ready to cross whenever oppor.
tunity offered, but DR.. Livingston told him
he must fret pay the stumpage, amounting
in the aggregate to SPAS %. Mr.. Violin had
no money with him, but he had q govern.
ment voucher of large dimensions, uhich
was as good az money at any bank. To
relieve Mr.. Violin. Mr.. Hudson took this
voucher, became responsible to the agent
for the share due the Indians az stump.
age, and paid Mr.. Violin the diff.
ference in currency This is how
it happened that Mr.. Hud.on held the funds
belonging to the Indians, and the defense
made an effort to show these circumstances
by evidence, but the court ruled it out and
refused to permit anything to be given to
the jury bearing upon this point. When
Dr.. Livingston distributed this stumpage
money among the Indians. instead Of going
to the trader aud drawing the currency and
counting it out with his own hands, he
gave them checks upon the trader. which
we're promptly cashed in currency. S,me
of the Indians desired to exchange theil
large bills for smaller bills than they had
received, but "a Mr.. Hudson had not enough
of the smaller denominations to supply
their wants, he gave out brass trading store
checks to such Is called for them. These
checks we're payable either in money or ia
goods, a. the Iodlans chose. IA DR.. Liv.
,ng.ton gave out his drafts on the fund il
the hapds Of the trader he required each To-
dian to lign a voucher, 80 that be could keep
his account straight with the government
The entire trans action was straight 80 far al
the agent and I~dians we're concerned The
former contracted 10 receive pay for the sale
of property belonging to the Indian.
and the latter received the
money due them to Q cent. The only ip-