Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1880-05-04
MONDAY AFTERNOON.

MONDAY AFTERNOON.
The very important law question on
which the argument was resumed at
o'clock this afternoon, is as follows:
Whether DR.. Livingston or any other
Indian agent, might make good, legal
payment by giving an order, on E. Il.
Hudson or any other person, to pay a
certain amount of money as his agent
provided that the order be met by the
cash by the one on whom the order was
given; or whether all Indian agents are
obliged to make all payments by count.
ing out the cash with their own hands OF
by check on some authorized govern.
ment depository, and therefore, that
proof that E. +. Hudson did actually
cash these orders, given the Indians as
already in evidence, paying the whole
amount, $248.25, set forth in the voucher,
is immaterial and irrelevant to the issues
in this case, and makes no difference with
the guilt or innocence of the defendant
to the charge of the indictment. As will
be seen a dec ision of this ques.
ton, sustaining the objection of the
prosecution, would shut out the whole OF
DIR. Livingston's defense and leave the
case to go to the jury on the facts occur.
ring at the agents office.
After lengthy arguments by both sides
and remarks by the Judge before the
decision, the jury being called in, the
defense proceeded to prove the authoriz.
alton of Splitz to act for White Shield
as chief and make his mark for him.
Mr.. Hudson here said, White Shield
was chief of band Of Indians; he knew
his father a couple of years before he
died; he was chief; he was seven, OF
eight years old when his father died
Splitz was o member of the band oi
which White Shield was chief. White
Shield was recognized by the band az
their chief; he had seen Splitz sigr
papers with White Shields name in the
presence of White Shield and other In
dians. and they making no objections
thereto. These papers were the certifi
Gates of issues. Witness was shown ,
number of papers and said all but on,
was in his hand writing, and that one ht
directed person to write for him
He saw Splitz sign some of these papers
he could not identify any particular one
but it was during the issue that he wrote
such papers.
These papers, seven in number, were
then offered in evidence by the defense
Cross Observation-Disclosures was showl
each Of the papers separately and an
swered that he could not state as to who
touched the pen to make the mark, pur
porting to be White Shields mark, OF
any particular one of the papers.
The United States attorney then OBJ
jected to the papers going in evidence al
to the mark Of White Shield, rs he die
not seem to know anything about til,
mark. The Judge reserved the offer TO-
the present.
Dr.. Henry F. Livingston was called
and sworn. Said he was Indian agent a
Grow creek from November, 1870, unit
March, 1878. Witness was then shown ,
number of papers, and said they belonged
to the files at Grow creek. agency, ans
that he was agent during the date
covered by said papers. He was &C
quainted with White Shield; ha,
known him since May, 1867; Ii
had been chief of his band during
that time; when he first saw him he was
he should judge, six or seven years old
He had also known Spitz since tina
time; he was an Indian belonging t.
White Shields band. Witnesses atten
tio4 was called to one. particular pape
and asked if he knew who made the mar
purporting to be White Shields mari
He said the mark was made by Splitz il
his presence; White Shield, Whit
Ghost, Running Bear and Weizi wer
present at the time; it being the frs
vouchers he had taken from the Indian
he made particular examination in re
gard to them. Splitz stepped up an,
said he represented White Shield an,
| I Y + - 6SI -,
the other head men concurring therein
The question here arose as to what au
thority White Shield, being man onl
ten years old, had to delegate the agenc
to Splitz.
The court then adjourned until min
o'clock tomorrow morning.
All the testimony put in to-day ha
Of the ground being disputed, and har
fighting has been the programme.