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swear to their place of residence, they threatened to take the lives of the judges and tear down the house, and prepared to demolish the house. One of said judges ran out of the house with the ballot-box, and the other two were driven from the ground; that the citizens of the district then left, and the persons from Missouri proceeded to elect other judges and hold an election; with affidavit of J. C. Archbole and G. W. Umburger, with an additional affidavit of Jos. N. Mace, tending to prove violence and threats of the death to (of?) any voter swearing to his residence, and that he was dragged by force from the window and prevented from voting.

Third Council District.-Fourth Representative District.

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With certificate annexed that the judges appointed by the proclamation did, after the hour of 9 a. m., severally refuse to join in holding said election; and the subscribers, James M. Small, Horatio Cox, and John Horner, were selected through tellers, by voters on the ground, to act as judges of said election, and that the same is a true and perfect tally list made out according to the instructions of the governor, from a list of votes polled at said election.

Oaths of James M. Small, Horatio Cox, and John Horner, judges, in form prescribed by proclamation, except the following erasure: "And whom I shall not honestly believe to be a qualified voter according to the provisions of the act of Congress organizing said Territory; that I will reject the votes of all non-residents who I shall believe have come into the Territory for the mere purpose of voting; that in all cases where I am ignorant of the voter's right, I will require legal evidence thereof by his own oath or otherwise.

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With certificate of L. H. Whittington, Andrew Johnson, and Eli Snyder, as judges, in form prescribed by proclamation, omitting the word "resident.'

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Oaths of Emanuel Mosier, Thos. S. Huffacker, and Samuel B. Smith, in form prescribed. Return of same judges, in form prescribed, showing-

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Protest of T. J. Thornton and fifteen other persons, claiming to be voters of said Territory, and third council district, complaining that judges appointed in said district failed to organize the board in consequence of two of them refusing to take the oath prescribed, and that through fear of personal violence the said judges were compelled to vacate their seats and permit the people assembled on the ground to choose a board of their own number, and that the actual residents were either driven from the polls or intimidated from offering their votes by from three to six hundred persons, actual residents of other States, and that few, if any, of the votes were cast by citizens of the Territory, and praying that the election may be set aside as illegal and void; with affidavit of A. G. Adams, Daniel H. Horne, H. B. Burgess, and F. R. Foster.

Protest of Hallam Rice and eleven other persons, claiming to be citizens of the seventh election district, protesting against the election of H. J. Strickler and M. W. McGee, for the reason that they were elected by a number of voters from the State of Missouri, who arrived the day before in about fifty wagons, and on horseback, and returned after voting-they lived in Missouri, and did not intend to live in Kansas, and that one of the judges appointed on the ground was a resident of Missouri, and that the judges were not sworn; that no oath or affirmation was required of any voter; with affidavit of Hallam Rice and J. R. Stewart.

Fourth Council District.-Fifth Representative District.-Bull Creek

List of voters.....

Precinct.

...393

Tally list.

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Oaths of B. F. Payne, B. C. Westfall, and J. J. Parke, in form prescribed. Certificate of J. J. Parke, judge, that two of the judges appointed by proclamation being absent at 9 o'clock, a. m., he had filled the vacancies by appointing B. F. Payne and B. C. Westfall.

Return of same judges, in form prescribed, showing—

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Oaths of Samuel C. Wear, W. S. Furguson, and Wm. Chesnut, in form prescribed.

Tally list, with certificate of return prefixed, showing

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Oaths of Jas. M. Arthur, A. H. Smith, John E. Brown, and Elihu Tucker, judges, in form prescribed.

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Return of John E. Brown, Elisha Tucker, and A. H. Smith, judges of election, in form prescribed, showing—

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Oaths of Wm. Parks, Isaac D. Stockton, and Hiram Howdeshell, judges, in form prescribed.

List of voters.

..105

Tally-list.

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Wm. Dyer.

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Return of same judges, in form prescribed, showing—

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Protest of James B. Abbott and ten others, claiming to be legal voters of Kansas Territory, alleging that the persons who acted as judges at the Bull Creek precinct were not duly sworn, and praying that the election be set aside.

Fifth Council District.-Seventh Representative District.

Oaths of James Ray, Wm. J. Godfrey, and Wm. Painter, judges of election, in form prescribed.

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Sixth Council District.-Eighth Representative District.-Ninth Elec

tion District.

Oaths of S. B. White, Robert Wilson, and A. D. Gibson, in form prescribed.

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Tenth Election District.—Blue River Precinct.

Gaths of Joseph Stewart, Wm. C. Dyer, and M. A. Garrett, in

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Return of above-named judges, according to form prescribed, show

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Oaths of Henry Rammelt, James Wilson, and Francis Bergerow,

according to form prescribed.

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List of voters...

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