Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-11

The UNITED STATES. Indictment No.
vs.. 8. Nov. term,
HENRy.F. L1y,SesroN. 1878.
County of Yank,on, 1s.
Henry F. Livingston being first duly
sworn, says, that he ia the defendant above
named, that he cannot have an impartial
trial in this cause, by reason of the bias and
prejudice of Peter C. Shannan, the presii-
ing Judge of the second judicial dis riot
court of the territory OF Dakota, where the
Indictment in this cause ia pending.
HENRY F. LIVINGSTON.
Subscribed aud sworn to before me this
9th day of March, 1880.
ISsaI] EpHRIAM MINER,
County clerk of Yankton county, Dakota
Iterritory. p
After a few preliminary remarks Judge
Shannon denied the motion of the defendant
Ftasing his decision upon the ground that
the local statute Of procedure, under which
the motion was made, did not apply to the
federal side OF the court.
Whereupon, the United States attorney
moved to proceed with the trial under in.
dictment number eight.
The counsel for the defense asked the
United States attorney for certain documents
and papers which they had given him no
tice to produce. He replied that Captain
Dougherty had the papers. Captain
Dougherty, not being present, was sent for,
and as the defense desired to examine the
articles asked for, the court ordered a recess
until 1880 p. m.
Public opinion will have its say in ma
ters Of this nature and We have taken
OCCASION t. enquire q little into outside
sentiment regarding the action of the
court. There is q prevailing surprise that
he court will not permit the accused to
place his case before another Judge since
he has sworn that be does not think he
can have q fair trial under present arrange
ments. The outside crowd does not make
pre,ensions to a comprehension of legal
points. but it feels rs though it could re.
cognize the inalienable rights Of man at a
glance, one of which is, in common esti.
nation, the tu!l opportunity to prove him
self Innocent Of all chsrg 8 against his
character. People complain very loudly
against this decision, rn' some of them say
it is queer that the Judge would consent to
Try f,- case after he had been asked not to
by the party mos - crested. |, was tirs'
thoug.r IA ile stfi iavit WAS eauivalen, 10
she procurement of y ntw Judge. In III.
a rs il is a CONNIE on occurrence fer accus-
cd petsons to max tiiavi,s w C. viii
chan4e iheiF eases to another judge than tht
ne petolc whom they would regularly b,
lroNsht. i6ul here in D4kn re- are f.~
l1ece tents .! this sort The only ore sc
= u ~ ser Wi, IL, I e Oie'! case. whrre the
uNf,'n tar another judge Was granted.
As thr matter now sian i this : ~. h
riei ',r'nr.. "a l-s Shannon, as there is no
an!lHa' from his ruin .
AFTERNOON X EDINGs.
Th- Un',ed States court resumed opera
rs rs at nalt past one O'clock.
raun-el Tor the defense presented a chal-
4fpiind mat they were not in ac
uri.nc- with u la,e United States s,atu'
i'n@ challenge was denied by the court, to
wi,ich he defendant excepted.
Tn motion of the United States attorne,
10 proceed was then granted and the clerk
directed to call a jury according TO law.
Ole Gunder4on was first called as a juror
and after the usual queries was accepted.
Frank NJ. Withee was next called. To
the examination of this juror the proaecu.
ting attorney persisted in a question which
he had urged in the examination of the frat
juror, which was, had the juror any pr+ju.
dice against Indian testimony. The defense
objected to this. After lengthy argument
on both sides the court said the question
was a novel and important one and ordered
a recess of three quarters of an hour in which
to look up authorities on the matter in con-
troversy.
This closes the proceedings up to four
o'clock this afternoon.
A VISITORS PINIoN.
The following are extracts from a letter
written by a Sioux CITY man who has been
visiting Ysnkton, published In the
JpuIuh ! wednesday
Among the "nere mentions" in your
paper of this morning I see one in which
lit is said the case (against Dr.. LivingstOn)
will be tried again, and that the government
will not let up on the prosecution" Du
ring q stay of ten days at Ysnkton l have
heard this frequently remarked. The gov
eminent seem TO have lost faith in being
able TO convict him of any real substantial
crime, but think thew will catch, somewhere.
on technicalities. The district attorney in
his opening of the "stumpape" case. said
that the government felt great interest in
these cases. Ia 1t to be presumed that no
high official of the government would stoop
to prosecute q citizen just from malice. but
they feel that here has been a great deal
of ewiudling 10 the Indian department, and
they have hit upon two or three Of the
agencies to make examples Of. Unfor,,-
na,clv for the cause OF justice and for Dr..
Livingston. they bit upon him as one OF
The parties TO 90 through the fiery ordeal of
having his official account put to the test