Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-08
NO CONVICTION RETURNED
In the Livingston Case, But Almost an
Acquittal.
The Jury Disagree, with One tor Absolute
Acquittal and Eleven tor Spe-
cial Harmless Verdict.
Another Trial WIN Probably R-sult-A
History of the Case Thus Lett
Unfinished.

At ten o'clock this morning the jury 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.
cordiugly discharged. The jury took this
case at noon on Friday last and we're con-
fined in their little room, reduced to the alb
solute necessaries Of life, for seventy hours.
A great deal of care had been taken to pre-.
vent any communication with this jury and
there ie 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 hageard. but are still full Of the
native pluck Of American citizens and would
doubtless have served out the balance Of
their lives within the narrow confines of the
four walls which enclosed them, had it been
necessary.
After retiring Friday noon the jury took
sn informal ballot, which resulted, six for
acqui,tal and six for conviction. Subse.
Quent ballots changed the finding to five
tor acquit,sl and seven for conviction and
from t at time until Saturday afternoon
the question of intentional fraud was argued
among them. This seemed to he the point
of difference and at FIVE O'clock Saturday
afternoon they came into court aud asked
that the indictment be read. The court
complied with the request and delivered
some Instructions therein. The jury once
more retired and under the influence of q
fresh understanding Of the subject another
ballot was taken which changed the si,u-
alton materially. Elevea of the jurors
favored the return Of a special verdict which
should state that the defendant had been
guilty of a technical violation of the law
without any intent to detraud. The twelfth
man stood for absolute acquittsl and this
was the shape of the thing when the jury
announced its Inability TO agree.
At ten o'clock Saturday night the
jury were ready to report and the court was
notified of the desire to put in An appear
ance. For some reason it was deemed at.
visable not to receive them At that hour ard
they remained within the jury room uutii
ten O'Clock this morning, when they we're
given audience and announced their inabil.
tty to agree apon a verdict. The case will
therefore have To be tried again. though
it will probably not come on at this term
of court.
A HISTORY OF TIL CASE.
E. E. Hudson, who was trader at Crow
creek agency at the time the alleged misde-
neanor was committed, and who paid the
Indians their stumpage money on the order
Of DR.. Livingston, has given US the particu.
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. Mr.. Violin had a contract TO
supply the Brule military post with wood.
A portion Of this wood was cut on the Crow
creek eide of the river and upon Indian
ground. For the purpose of %reimbursipg
the Indians for the wood taken DR.. Living
ston required Mr.Volin to pay them seventy
five cents per cord stumpage. He desired
to move the wood to the river bank so 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 $24S 25. Mr.. Violin had
no money with him, but he had a govern.
ment voucher Of large dimensions, which
was as good as money at any bank. To
relieve Mr.. Violin, Mr.. Hudson took this
voucher, became responsible to the agent
for the share due the Indians as stump
age, and paid Mr.. Violin the diff
ference in currency This is how
it happened that Mr.. Hudson 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
were promptly cashed in currency. sumo
Of the Indians desired to exchange their
large bills for smaller bills than they had
received. but az Mr. Hudson had not enough
Of the smaller denominations to supply
their wants, he gave out brass trading store
checks to such AZ called for them. These
checks we're payable either in money or in
goods, a. the Indians chose. Al DR.. Liv.
,ngston ave ont his drafts on the fund in
the hapds Of the trader he required each In.
dian to hign a voucher, 81 that he could KEEP
his account straight with the government.
The entire trans action was straight 80 far AZ
the agent and Indians we're concerned The
former contracted to receive pay for the sale
Of property belonging to the Indians
and the latter received the
money due them to q cent. The only in
tOrmaIity In the proceeding WAS that ha