Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1884-08-28

Ao' 'o'ion VI oouc bIouuQ IoE tHelf
charges-and coupling these charges
with their other charges of malice, etc,
was Tor the purpose Of giving sufficient
gravity and seriousness to their other
charges against me, to induce the de.
partmcnt of justice to take immediate
notice OF them, and thus to cause an
investigation against me to be made
pending the trial of the indictment
against Ordway; and further charge
that this was done with the design OF
creating diversion in Ordway's favor
and substituting the trial of the dis.
trlct attorney for the trial of himself,
by putting the prosecuting officer upon
trial Mt the very time that he was en-.
aged in the trial of the case against
Ordway.
do not believe, that, if there had been
no charges against my integrity as an
officer or my management of my Office,
otherwise than those relating to the
Ordway investigation, the department
would haze prosecuted an investigation
against me during the pendency Of the
trial of OrdNay, for the reason that
such prosecution upon such grounds
solely, at such time, would necessarily
have tendency to impair the efficiency
and forc5 of the investigation against
Ordway himself, then pending before
the court.
Therefore, charge that Ordway und
Hughes purposely misled and abused
the confidence of the Attorney General
by making, knowingly, false and malic-
ious charges.
They confess that they recklessly
slandered aud lied about an officer of
your department for the purpose of get
ting him investigated while Ordway was
on trial.
If am correct in this statement, then
the good faith and credibility of Ordway
and Hughes stand impeached before the
department and the administration, in
oil their'charges including those which
relate to the Ordway case.
l ask the attention OF attorney general
to the evidence on this group of charges.
SECOND GROUP OF CHARGES.
AS to the seceud group of charges,
charging me with mismanagement in
the conduct OF my Office: The specifica.
tons hereunder, charge extravaganza
and needless expense in the conduct of
the Livingston, Cameron, Spaulding and
bingham cases, and also neglect in not
attending certain terms of court at Dead.
wood.
AS to these charges, have shown con-
clnsively, and 1t is not diputed by any
evidence, that the Livingston, Bingham,
| Spaulding and Cameron cases were
begun at the direct command of the
department of the interior and the de.
partment Of justice; that I was urged to
try these cases with all the vigor that
was possible; authorized to incur the
necessary expense; that they were tried
with vigor, industry and all the ability
which have; that they were tried, some
of them, in the facs uf the representa-.
tions which had made to the depart
ment, that owing to the character of the
evidence and the feeling existing in the
community did not feel at all sanguine
OF convictions.
That these were the most expensive,
except the scrip cases, tried in this terri.
tory;
And that for these expenses, and those
OF the scrip cases, was not personally
responsible, 1t being thought best in the
interests of justice to try them, regard.
less Of the question of success;
That finally IN the Bingham and
Livingston cases, the department of
justice after a full consideration of what
had been done. and all the circumstances
surrounding the cases, directed me to
dismiss the criminal prosecution, and tc
institute civil suits for large amounts
which has been done.
That, if you deduct from the expenses
OF the courts in this territory, the ex
penses OF these suits, the expenses Of al
the ordinary litigation instituted on my
own responsibility, have not been il
excess of those OF other territories, il
proportion to the population, number O
| re ho1 nd l;eAo 1, -
processes have to be served.
That in every case in which it wa.
) alleged had not attended the Dead
wood terms of court, it was because O.
other official engagements at othel
courts, which rendered my attendance
there physically impossible.
So that this group OF charges stand:
disproved, and do not think that ever
Messrs. Ordway and Hughes claim tina
upon them alone, they could ask even
censure from the department.
THIRD GROUP OF CHARGES.
This leaves standing alone and with
out any other charges, the third groul
OF charges, accusing me, as above stated
OF malice in the prosecution of Ordway
and of personally instigating anc
originating the charges against him, anc
of having interfered with the organiza
tion of the grand jury Illegally.
As to the last specification, the onl,
evidence supporting the charge is tha
of the United States Marshal Allen. Th
substance OF that testimony is this
That he lthe marshaD had on the morn
ing when the court met in April, com
. pleted and filed his return of the name
OF the grand jurors. to the venire, an
that subsequent to this completion ant
filing, l had requested him to eras,
certain names-the names of Nasl
johnson, Faulk aud Dolliver, and tina
he did so at my request.
Upon this point the marshal is directl,
contradicted by the judge OF the court
the clerk of the court and myself, VIII
, all testify positively that where th
changes above referred to in the list Q
| names were made by the marshal, his re
turn to the venire had not been com
pleted and filed.
That it had attempted to make an,
changes in the venire after it had beel
returned, should have emphatically oh
| jected, and the Judge would have author
, itatively forbidden him to make an,
changes, for the plaiu and obvious rea
son that such change would have in
, validated the panel and every indictmen
. had under it. He is also contradicted b.
myself and the clerk in this further res
pect. viz: That the suggestion of til,
change of names did not come from mt
} to the marshal. but that nv advice wa
asked Oy the marshal and that afta