Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-01-23


gallery. Isaw him q few times in his
own saloon. l have had conversations
with him. He said when he came into
the saloon he would call up some one and
shoot with them az the target for beer.
| had d shooting gallery in Balmat's.
He spoke to me of a large amount of
money he made travelling. He said his
business kept him up all night. he told
of the large amounts of money that he
could get if he wanted it. He said he
would build a railroad in the east. He
told of his intention to open a brokerage
establishment. l did not see him after
March. He appeared to be under excite
ment OF something. He was wild look
ing. I thought that he was not in his
right mind
Cross EGamindtjon-I kept q shooting
gallery at this time. 1 did not think
him too crazy to handle a gun. He was
in several times. l thought that he
was drinking at first, but he seemed to
be in the same condition 80 long that 1
concluded that it was not liquor. l
thought that be was insane.
OUIs F. GUST,
being duly sworn, testified as follows: 1
reside In Yankton. Have lived here
seven years. l have been in the cigar
business. l knew O'Brien five years. l
have known Dickey one year, l had
business relations with them. 1 saw
Dickey three times weekly on an aver
age. Dickey has frequently said that he
would have the finest saloon in the city,
and it would have a summer garden. He
said the business did not pay when Tom
was ia. He has often told me about
Indians and has always done his share
of the killing and always won the battle.
He said that he knew that he was very
foolish for fooling away his time IN a
low saloon. Has always told me that he
was very wealthy, but l never saw any
evidence of it.. l never heard him finish
any one subject that he started o.. He
was absent minded, did not know what
he was. L have seen him go through
the same actions behind the bar that the
others have described. He always seemed
restless and nervous. L cannot say that
he was excited, but that he was nervous.
L have never considered Dickey right in
his mind.
Gross Eraminaton-I first noticed this
absent mlndedness one day when [ call
ed for a cigar, and paid him for it. He
did not give it to me. but said that I had
not paid him for it. I told him / had
and he gave it to me, saying that he
would not quarrel about a cigar. 1 have
seen him under the influence of liquor
but not at any of these times. 1 consid-
cred him capable of Distinguishing the
difference between right and wrong.
J. H. BALMAT,
called for defence. I have testified for
the prosecution that [ knew the defend
ant, Mr.. Dickey. l have known him
since he began business and seen him
frequently. Have talked with him some.
l have been In his place. I have heard
him talk about the extent OF his bust
ness. He said after O'Brien went out of
business that he was going to run a bet
ter business, a real estate business.
Sometimes he acted strange, and Tightly.
l thought he was acting queer.
Gross Bramination-I suppose he was
drinking some, but 1 don't know. I
cannot say whether or not he knew the
difference between right or wrong.
R. B. TRIP,
beng duly sworn, testified as follows:
l am in legal practice. l am now prao.
ticing in Yankton since 1884. l am
slightly acquainted with Dickey. I first
met him in his place of business. I went
to see him with reference TO O claim.
When l first saw him after presenting
the claim to him and explaining to him,
he etated that the claim had been paid.
| wrote to the parties who had sent the
claim, and they sen proof that it had
not been paid, and Dickey finally admit.
ted the same. Dlckey gave me a note,
and said that he would pay it soon, and
that his means were in the bank-that
he intended to open a fine saloon
for the gentlemen of the city, and
that he had plenty of cash.
This conversation occurred on the 7th oil
-~nE
August. 1885. He seemed to me to be q
man who was acting upon q state Of
facts that were not real. 1 thought that
he was not in his right mind. It became
fixed on my mind at the tune.
Gross Examination -Dickey did not
seem to realize what was the pature OF
the debt. l presume he knew what he
was doing when he gave me the note.
ED. PALMER,
being duly sworn, testified as follows: ]
reside in Yankton. l have resided here
about twelve years. I don't know
O'Brien. but have q passing acquaint
snce with Dickey. L met hin
in March last. He wen
to Grow Creek with me
l saw him every day for two or tire,
days. He made some statements and
counted up the number of years he hat
spent in different places, and I mad
him out l04 years old, and / asked hin
il he was any older than that. He coul
not remember how to run a surveyor
chain. He told of his possessions i
mines, saw mills. and other thinns