Philadelphia, Pennsylvania; I was present at the election of the 30th of March, 1855, at Mr. Hays's, in the 15th district. The pro-slavery candidates were D. A. N. Grover for Council, and Dr. H. C. B. Davis and Jonah Weddell for the House of Representatives; I do not recollect whether there were any free-soil candidates or not. There was not much of a contest in the district; there was quite a number of persons at the polls, and voting when I got there; there seemed to be no objection to any one of either party voting. Calls were made by persons on both sides for voters to come up and vote; I was pretty well acquainted in the district, from the fact that I had a store there; and many, perhaps a majority of the persons in the district, were at my store, and I was acquainted with the political views of most of them. I think the pro-slavery party had a majority of at least three to one; the election was conducted peaceably and quietly while I was there; I saw no persons armed there. I do not know why the freeState party took no decided part in the election by bringing out candidates. They were not prohibited in any way from doing so. I think Governor Reeder's conduct had the effect of making the people dissatisfied here, by showing a decided preference for making a free State of Kansas, in a short time after he was here, by choosing freesoilers to do what business he had to be done; by appointing free-soil canvassers, and a majority of free-soil judges of election; and letting eastern people know when the election was to take place before he let us know it here; and thus leading the people to believe he would make a good governor for the free-soilers, but not for the pro-slavery men. Information was also received here that he was interested in the East, in importing votes from Massachusetts and other States to make this a free State. The people in Missouri became aroused, and they came over here to the election to counteract the votes of the eastern men ; that is about the cause, I believe, of all our difficulties here.

Cross-examined by Mr. Howard:

It was a general rumor that Governor Reeder was interested in bringing voters here; I had no specific information on the subject. To Mr. Matthias:

I came into the Territory some five years ago from Philadelphia, Pa. I was not present at the election of 29th November, 1854. General Whitfield was the pro-slavery candidate, and Mr. Flannigan was the free-soil candidate for Congress at that election. I was introduced to Judge Flannigan shortly after he arrived at Fort Leavenworth; he came to Fort Leavenworth with Governor Reeder. Shortly after he arrived Judge Flannigan came out to Salt Creek valley, where I then lived, and went to the house of John Cody, and announced himself as the free-soil candidate for delegate to Congress, and he made a freesoil speech to a number of free-soilers at Mr. Cody's; this was probably ten days after his arrival in the Territory. He made the race, and was defeated by General Whitfield. Some three or four days after the election was over, Mr. Flannigan returned to Pennsylvania; I do not know where he resides in Pennsylvania. I have heard he had

H. Rep. 200————25*

a family in Pennsylvania; he had none with him here in the Terri

tory.

M. P. RIVELY.

LEAVENWORTH CITY, K. T., May 31, 1856.

SIXTEENTH DISTRICT-Leavenworth.

DAVID BROWN recalled.

I came into the Territory about the middle of September, 1854, from Minnesota. I reside in Leavenworth city at present, and have resided in this district since the 27th or 28th September, 1854. On the 30th of March, 1855, I was in this place in the forenoon; I was at the election, but did not vote. I had been appointed as one of the judges of the election, but did not serve; I resigned. I was here the day previous to the election for the purpose of making some preparation for holding the election; and that evening I offered my resignation to the other two judges, and told them they might fill my place with some one else. I did not offer my resignation publicly until the next morning, announcing it to the audience present. I concluded that violence would come to my person if I served, and that I should not be able to carry out the election as my instructions required me to do. There was a difference of opinion between me and Mr. Rees, one of the other judges, in regard to the oath to be taken by the judges. He stated that there was something more required of judges by the governor than he would subscribe to. I thought I could refer it to no other authority but the governor, and if I acted I would have to subscribe to the oath prescribed. He stated he would not subscribe to the oath. The other judge, Mr. France, said he would subscribe. to the oath. Mr. L. N. Rees, Mr. M. France, and myself, were the three judges appointed by the governor. A Mr. Panton was appointed in my place. I concluded that there was a portion of the people present who wanted to vote, who wanted judges who would not ask such questions as I would have asked; and Mr. Rees made the proposition that we should all resign, and let the voters choose judges to suit themselves. I remonstrated against it. Mr. France likewise remonstrated. After talking some time, I remarked that I saw no opportunity to get a house for the election; and owing to excitement and some personal prejudices against me there, I said I would resign, and I asked them to fill my place. He remarked, in reply, that he would a little rather we would all resign. I then made the proposition that we should take our seats as judges, and I would sit unarmed there until the crowd should take me and sit me politely down in the street. I had been interrogated previously in different matters concerning the oath, and what I considered necessary to constitute a legal voter. My answers had been, that I should want to ask a man if he was a citizen or resident of the Territory. When they would ask me what I should want further, I said if I doubted a man was a citizen, I should ask if this was his only home, believing a man could not

have a home in New York and here at the same time. I insisted that I should ask these questions, and that was one objection to me. Another was, that Reeder, acting governor then, had appointed two free-State and one pro-slavery judge here. These were the principal causes. I thought they would want to get another man in my place who would not subscribe to the oath prescribed. On the morning of the 30th March, 1855, about 9 o'clock or after, I got up and cried out to the audience that I, David Brown, being appointed by Governor Reeder as one of the judges of the election, under existing circumstances could not and would not serve. I do not state the reasons. I will state, that when I proposed to Mr. Rees that I would take my seat as judge unarmed until they politely took me off it, Mr. Rees remarked, that would be carrying the joke too far; that neither he nor other man could control the people.

an remained around about the polls until somewhere near noon.

I

was but little acquainted in this district. From the time I came into the Territory up to that time, I do not think I had seen the face of a man I had seen before. The people I met here at the election were strangers to me, except some I had got acquainted with here and in Salt Creek valley. I should think there were from 300 to 500 persons in the forenoon when I was here, to make a rough guess. I saw no encampments here. On two nights previous to the election there were various parties camping about my neighborhood-Salt creek—some in tents and some in wagons; three or four wagons together sometimes. I do not know where they came from or where they went to. There was a good deal of stir and fuss around town; some pretty much in liquor, some wanting to get sight of an abolitionist or a free-soiler. When they got up to the polls, a rope was stretched from one corner of the building to a stake, then to another stake, and then back again, so as to make a kind of square lot or pen. I could hear the question asked, on my way up from the levee, "How shall we vote, by messes or companies? Others would say they The voting was

did not know how, but they would go in and vote. done in a window, and there were few about. The word seemed to be, "I am all right on the goose." As I belonged to the ganders, I had but little chance. Some of them said they could tell an abolitionist as far as they could see him. I heard no one say, while voting, where he came from, that I recollect. A steamboat arrived here while I was here from up the river, but I do not know her name. She had a crowd of men on, who got off, and the boat lay here some time. I saw none of those men vote, as I kept away from the polls and did not notice who voted. I heard some men say that day, that a man's presence constituted a residence here; others, that they had made. claims, or staked out lots, or laid out a town. Some two or three individuals were here that day that I considered residents of Missouri. They earnestly urged me to resign in the morning, saying they would offer my resignation for me. I told them I had a tongue of my own, and would offer my resignation myself when the proper time came around. One of these men was named Malcolm Clark, the one shot by McCrea; another was Charles Dunn. The reason I regarded them. as citizens of Missouri at that time was, that I had been to Mr. Clark's

house and place on the other side of the river, and his telling me that was his home. This was a month and a half or two months before the election. Mr. Dunn had a claim adjoining me, and was frequently over to it. I had seen Mr. Dunn in Weston, and he had told me that he was going to move over here. He moved in May, 1855, on his claim, and has lived here since. These were the reasons why I regarded these men as non-residents, and should have objected, as a judge of election, to their voting.

There was

I did not vote, because I thought I had no business crowding inside that rope, where all were goose men; and from the prejudice about my appointment, and other circumstances, I did not think I would have been safe in going up there to vote. I saw a great many men with pistols and knives hanging about their persons. rather more stir about the election than I have been accustomed to see, and I felt it was my place to say but little, as they seemed to be considerably excited against the free-State party. I went home about noon, and did not come back again that day. Previous to the election, for some days, a good many had been running to me and soliciting me to resign; and one gentleman came to my house, who said he was from Missouri, and staid over night with me, and urged me strongly to resign, and said that if I did not, the consequences would be disagreeable. My family had heard the conversation, and as my wife was much frightened, I concluded I would be better at home, after I had got through my business here, the day of the election.

I wish also here to state, that after I had been in here on the day before the election, and had told the judges I would resign, and I had returned home about ten or eleven o'clock at night, Mr. Charles Dunn came to my house, and urged me to resign. He said that there was a company of some four hundred men below Scragg's mill, at the mouth of Three-mile" creek, and that they were twisting a rope, and making preparations to hang me if I did not resign, and he asked me to authorize him to say to these men that I would resign. I told him I had told the other two judges to fill my place. He afterwards told me that that communication quieted these men.

[Mr. Oliver objects to this evidence, in regard to what was told witness by Dunn.]

To Mr. Oliver:

I had concluded to resign before I heard this of Mr. Dunn, and had authorized the judges to fill my place.

Cross-examined by Mr. Rees.

I left the town on the day of election, somewhere near noon, be tween 11 and 12 o'clock. I saw no resistance offered to men voting: I think I saw none I knew to be free-State party offer to vote. I saw no further opposition to the voting of free-State men, except the con versation I heard about. I did not hear it proclaimed that day tha there should be free voting. I heard it proclaimed by some outside "Come on, we have the right kind of judges." The rope was ful

when I came away. I did not consider that necessary to afford facilities for voting and keep the crowd away.

LEAVENWORTH CITY, K. T., May 17, 1856.

DAVID RROWN.

FRANCIS A. HART called and sworn.

I reside in Leavenworth county, some four miles, a little east of south, from this. I emigrated into this Territory with my family on the 20th of September, 1854, from Buchanan county, Missouri, and have lived here ever since. I was here at the election of the 30th of March, 1855. I am not very well acquainted out back in this district. I have lived from the 9th of November, 1854, till the 17th of September, 1855, about a mile west of this. I was here all the day of election, except a little time about noon, when I went home and then came back. I was acquainted with many in this district, and many I saw I did not know. I estimated the number on the ground. here the day of election and the day before, at from 1,000 to 1,400. A great many were strangers, and a great many had hemp tied in the button-hole of the coat, or about the waist, or in other places.

On the 28th and 29th of March wagons came near where I was living, about a mile from here, and camped on both forks of Threemile creek. One wagon drove up to a shanty there, and I went over to see about it, and observed to them that I had supposed probably Fayette Mills had sold his claim, and they were coming to take possession of it. They said they had not bought the claim, but had permission to camp there. I then asked them where they were from; and they told me they were from Chariton county, Missouri, and that there were about three hundred in their company, but they had not all got in. It is this company that I refer to as having encamped on the two forks of the creek. They did not tell me at that time what they came for, that I recollect. On the 29th I saw a good many down here, where the candidates were speaking, and also down here on the day of election. I do not know that I saw any of them vote. I did not vote myself at that election. I heard something about voting from some of these men, but I don't recollect what it was. On the day of election, as I went home in the afternoon, some of the wagons that came down to town did not come back. There was a new party, some one or two wagons, and from twelve to fifteen men, who were making their camp in the road to my house. They remained there till next morning, when they left. Some of those men who were there pitching their tent said they had voted, and were from Missouri; and a young man, whom I have seen before and since in Missouri, said, as I came up, something about "All right on the goose; to which I responded, "All right; and then he said something about voting, and said that they had come over to vote; had nade claims, and he reckoned they were legal voters. I told him I hought it was hard to find claims near here. He said they had just yone up on the hill here, (pointing to Pilot Knob,) and stuck stakes,