few I could have named at the time; but the two Browns are all I can call by name now. My knowledge of the district, and the members assembled here, and their appearance and language, convinced me that they were not residents of the district. They said they had come over here to carry the election; it seemed to be a generally understood thing in the crowd. It was not the free-State men I heard make these assertions. I did not see any man positively vote; and I do not know that any citizen of Missouri voted, except from their own assertions. I have heard residents of Missouri say they voted on that day at that election. The men I knew from Weston, Missouri, Mr. Wood, Mr. Conger, Mr. Walker, Mr. Neil Burgess, Mr. Dick Murphy, (now a resident of this place,) told me they had voted. I believe I knew that Mr. Conger, Mr. Burgess, and Mr. Walker, lived in Missouri at that time, because I have been backwards and forwards, and knew them to be residents of Missouri. I was in the habit of going to Weston weekly almost, and might have been there three days before the eleetion; but I cannot tell exactly how many days before the election I was up there. I saw some of them land from the boat which came down the river; but Mr. Burgess came, I think, on horseback. They might have come from Kickapoo, or Atchison, perhaps.

LEAVENWORTH CITY, K. T., May 22, 1856.

THOS. A. MINARD.

GEORGE F. WARREN called and sworn.

It

I emigrated from New Hampshipe three years ago last November. I came into the Territory March, 1855. I was running as carpenter on board a steamboat between St. Louis and New Orleans, prior to coming here. I first came into the Territory at Leavenworth city. I was present at the election of the 30th of March in that district. was held in a small building west of the Leavenworth hotel. The day before the election people began to come up the river and down the river from Weston, Independence, Lexington, and other parts of Missouri. I was then clerking at the Leavenworth hotel. The house was very much crowded by these strangers. They said they came there to vote. They said that the Emigrant Aid Society were sending out men, and they had as much right to come as they had, and were entitled to vote under the Nebraska bill. They did not deny that they came from Independence and other places in Missouri. They were armed with bowie-knives, revolvers, shot-guns, and rifles -principally small side-arms. One man I noticed, from Platte county, had a double-barrelled shot-gun, bowie-knife, two pistols, and a large clever, such as butchers use. The morning of the election the polls were opened between 9 and 10 o'clock. There was some delay on the part of the judges. Only one of the judges that were appointed served. There were about 1,200 people at the polls at that time. They put a rope round the polls at different places. A number of men came forward and introduced several men as captains of companies. They sang out, "Platte county boys, come this way,

and Clay county boys, come this way." They did not vote by companies. They rushed in together. I could not say that the crowd all voted. Some of the free-State men got together about 11 o'clock, and came to the conclusion not to vote any more. I think some 50 or 60 votes had then been polled by them. I saw no violence. The polls continued open until about dark. They were voting all day. These men voted for L. J. Easton and R. R. Rees for council, and Mathias McMeekin and A. Payne for representatives. Three of these candidates, Rees, Eastin, and Mathias, resided in Leavenworth. McMeekin and Payne resided in Weston, as they told me before they came down. I had made charges against them at the hotel. One or both afterwards moved into the Territory. The freeState men withdrew because they were intimidated, and because they deemed the voting illegal in the presence of the force from Missouri. We contested the election afterwards. A protest was got up by the citizens, addressed to Governor Reeder. The steamer New Lucy" came down from Weston with a large crowd of strangers on board, and colors flying. I think there were 200 or 250 on board. They claimed to reside in different parts of Missouri. A great many of them voted. Don't know whether they all did vote or not. They declared their purpose to vote under the Kansas-Nebraska act. They returned after dinner in the same boat. Other boats came up the river on the morning of the election, and one came up the night before, late at night. People were on board from points in Missouri down on the river. They said they were going to vote, and some of them I saw vote. A portion of the party that came the evening before stopped at our hotel, and it was so crowded that we had to put thirty in one room. At that time there were but few buildings in Leavenworth. It was laid out the fall before the election. There were about twenty frame buildings at the time of election. It is situated on what is called the Delaware lands. There were but few settlers there then; but emigrants were coming in fast. I knew most of the settlers in the town. If none but residents had voted on the day of election, the free-State party would have had a large majority. G. F. WARREN.

LAWRENCE, K. T., May 10, 1856.

RICHARD R. REES re-called.

To Mr. Oliver:

I was present at the election of the 30th of March, 1855. I do not recollect of being present when Mr. David Brown resigned as judge of the election. I do not think I can state the relative strength of the free-State and pro-slavery parties in this district at that time. I recollect at about the time and prior to the election, we were making calculations as to our chances of success, and we felt satisfied we had a clear and decided majority here, but I cannot now say, from my own observation, that there was a majority one way or the other. I was

satisfied there was a pro-slavery majority at that time of citizens living here, judging from the usual tests applied by candidates in canvassing the strength of parties. From consultations we had together, we came to the conclusion that there were from 75 to 100 majority in the pro-slavery party. Mr. McAuley had a memorandum at that time, and from that and other estimates, I came to the conclusion I have stated. The election for this district for the members of the house of representatives was contested, and an election was held on the 22d of May following. I was not a candidate at that election, and don't recollect of estimates, but presumed that the relative strength of parties here remained about the same. The estimate I made in relation to the relative strength of parties, was of persons who resided in the Territory prior to the election. It was a general rumor and report at that time, spoken of generally and published in the papers, that the abolition aid societies were sending out large crowds to abolitionize this Territory, and that they were to reach here before the election, and that the boats were crowded with such persons. I saw a great many men-large numbers of them-here on the day of election, whom I recognised as having been citizens of Missouri, and a great many of them I have recognised since as citizens of Missouri. I talked with a great many of them, who were my old acquaintances. I heard reasons for their coming here given about that time, and I think on that day, and these reasons were that an effort had been made by a forced emigration to abolitionize this Territory, and they felt justified in using the same means to counteract it. The prevailing sentiment among those from Missouri was, that they came to that election merely to counteract the abolition movement, and that but for that they would not have come over here. I read some papers when I could get them, though we did not get papers very frequently at that time, as this was a new country, and mail facilities were not as good as at this time. The men who were over from Missouri in companies and parties, seemed to be actuated by the apprehension that this Territory would be controlled by this abolition emigration, as they stated to me in conversation. It was rumored generally that the day of election was known in the northern States before it was known here. These rumors I believed myself, and those with whom I conversed who were from Missouri said they believed it; the rumor was general.

I think the election here on the 30th of March, 1855, could have been carried for the pro-slavery party without assistance from Missouri. It was generally rumored here that there was a large number of emigrants at St. Louis, waiting to get here by the day of the election. I was not a great deal at the polls on the day of election. I was near enough to notice how it was conducted, and I noticed that there was less fighting and confusion than I had been accustomed to see at elections. There was a large crowd on that day, and upon consultation it was thought that the facilities for voting would be increased by stretching ropes from the window out, so that the voters could go in to the polls in regular order and then pass out. I am satisfied that was done not to prevent persons from voting, but aid them in voting. I was around in the crowd and saw no resistance whatever, or force employed, or threats against any man who wanted to vote. There

were pretty hard things said against abolitionists, but that was all. In the after part of the day the polls were clear, and I heard the judges calling out for more votes, and anybody could have voted who wished and was entitled to vote, whether he was an abolitionist or not.

To Mr. Whitfield:

I received a certificate of election as a member of the council from Governor Reeder, and took my seat there without any contest. We were informed by the governor, that Mr. Eastin and myself got our certificates as councilmen on account of the votes at Hickory Point, and not on account of the votes here. The affidavit of Phillips was sent up as a contest, but did not cover Hickory Point precinct. There were two representative districts in our council district-the 16th and a part of the 13th constituting the 10th council district. Mr. W. H. Tibbs, a representative from the 13th district, got his certificate on the Hickory Point vote.

Cross-examined by Mr. H. Miles Moore:

Of those who were here from Missouri on that day, I do not recollect of seeing any one vote. The position I took as one of the candidates, and which was assumed by a good many others, both on the stump and on the ground, was, that any man who was present at the election was, under the Kansas-Nebraska bill, a legal and competent voter; that by the act of voting, he expatriated himself from, the State from which he came; and I proclaimed it, that any man who held any other doctrine was, in my opinion, either a knave or a fool. Prior to that time, I knew Abel Gilbert to be a citizen of Weston, and I have known him to be a citizen of Weston since. The following names I see on the poll-books are in the same position, as regards Platte county, Missouri: Dr. Thomas Baumont, A. T. Guthrie, George Quimby, now a citizen here, Wm. Dicky, Wm. J. Norris, R. W. China, now a citizen of this Territory, Wm. B. Almond, W. Christerson, now a citizen of this Territory, Smith Calvert, N. A. Wilkinson, Jesse Vineyard, George W. Dye, John D. Harper, Wm. A. Galbott, Jacob Pitts; I know Captain Conolly, of the New Lucy, but not his first name; Joseph Holliday, Harvey Bunch, Michael Bunch, and John B. Wells. I think there were altogether 1,000 or 1,200, perhaps more, men on the ground that day; and some from Platte county, Clay county, and Chariton county. I saw a crowd here who claimed to be from Chariton county; Squire Hyde was here from Chariton county. I think there were some here I had known in Clinton county, and also from Carroll county, and from Ray county. I saw companies of men here who claimed to have come from Missouri, who had their tents, wagons, and provisions with them. I think that within this district, and living here on the 30th of March, 1855, upon a rough estimate, there were from 400 to 500; there may have been more, and there may have been less.

To Mr. Howard:

I think, from the best information I could get, there were from 75

to 100 majority in the pro-slavery party who lived in this district prior to that time. It was generally understood, that if our friends would come over here from Missouri and help us to counteract the movement of the aid societies of the North, they would be very kindly received. I do not recollect of any circular for that purpose, though there may have been; I recollect we kept our friends in Missouri pretty well advised so far as we knew, but I do not recollect any special person sent over for that purpose. I recollect of a boat coming down from Weston on that day with some men, but I do not recollect her name; I know of no William Connolly, who resides in this district, though there may be. I think that the Missourians who came here came in consequence of counteracting the abolition movement of the North, and those who voted, voted with that understanding. I know that Mr. McAuley was over at the circuit court in the year 1855, but I do not know what he went for. I think I heard several Missourians state that they had voted on that day, and for the reasons I have stated; I do not recollect of hearing any other reason assigned. I think there were but two or three boats here from St. Louis by the 30th of March, 1855; but I do not recollect of there being a large number of eastern emigrants landed here, and I did not see many eastern emigrants newly arrived here by the day of election; and as far as this district is concerned, I do not think many were here. We understood they were coming, and expected them at every point; I cannot say how many had arrived here at that time. I heard many of the Chariton county men say that they intended to vote, for the reason that they construed the Kansas-Nebraska bill as I did; some of them said they came here to vote.

By Mr. Oliver:

The Chariton men said they came here to vote to counteract the influences brought to bear by the Emigrant Aid Societies, as they understood many to be on their way here to be at the election. The names given by me from the poll-books I do not know as being the persons I knew in Missouri, though the names are the same. I cannot undertake to say that they voted at this election except from the poll-books. The name of C. M. Burgess is on the poll-books. Mr. Burgess claimed his residence here as early as the fall of 1854. I understood he had a farm and negroes in Platte county, but he had a claim in the Territory. I am not aware whether his family are here or not.

By Mr. Whitfield:

I saw no one vote here that day I did not consider a legal voter. I do not recollect of seeing any free-soilers here from Missouri. I cannot say that I saw persons here from the eastern States whom I did not recognise as living here before.

[Whitfield objects to the question propounded to R. R. Rees in reference to the residence and right of the named persons to vote, for the reasons

1st. That witness does not know that any one of the persons named voted at all.