Dr. B. C. WESTFALL testifies:

I saw a great many persons coming from Missouri to the Territory at the time of the election, on the 29th of November, 1854, and I saw them after they returned home. They were residents of Missouri, and I was personally acquainted with many in our neighborhood, who said they were coming out to the election to vote, and elect men they considered suitable for officers in the Territory. After they returned, they told me they had been in the Territory and voted. They told me the precincts they had been to. I think some of them came to Dr. Chapman's, on Ottowa creek, and some to Pottawatomie creek. There was an uncommonly large tree had fallen at Pottawatomie creek at that time, and as I came out with some of them afterwards, they told me they had had a dance around it. They also told me they came very near mobbing the man Wilkinson for being a freesoiler, and who afterwards run on the pro-slavery ticket; and it was with difficulty they were prevented from taking him out and whipping him. I lived near the line of the Territory, in the State of Missouri, at that time, and had lived in Jackson, Cass, and Johnson counties for the previous ten years.

LAWRENCE, K. T., May 8, 1856.

B. C. WESTFALL.

JAMES W. WILSON testifies :

I came from Missouri into the fifth district in August, 1854. I was at the election at Henry Sherman's, in that district, on the 29th of November, 1854. There were but few settlers at the election, but quite a number of non-residents there-a large number from Missouri. I do not think there were more than twenty residents at the polls at that time. There were eighty-two votes cast, of which I think the principal part were from Missouri. Some of the same men were there that were afterwards at the election at Bull Creek precinct on the 30th of March, 1855. I saw some little excitement that day, but not much, about the legality of their voting, but no fighting or quarreling. The Missourians voted the pro-slavery ticket for General Whitfield, and said they intended to make Kansas a slave State; that they had a right to vote, as they had claims in the Territory. There was a number of them I have never seen or heard tell of being in the Territory since. Judge Teagle was there, managing the af fairs, though he did not vote. He said he did not intend voting, but intended to see others vote. He was judge of the court in Jackson county, Missouri. He had several hands out there attending to cattle, who voted, and I have never heard of their being in the Territory since. Mr. Samuel Wade, of Jackson county, Missouri, near New Santa Fé, voted that day. Wade is a farmer, and still lives where he lived at the time he voted there.

LAWRENCE, K. T., May 9, 1856.

J. W. WILSON.

J. C. PRINCE called and sworn.

I was at the election at Fort Scott in November, 1854. I lived at that time in Cass county, Missouri, in a little town on the boundaryline, called West Point. I went out in company with some one hundred men the day before the election. It was about forty-five miles. from where I lived to Fort Scott. A great number of the party had their tents and wagons with them, and camped out. I went out to Fort Scott, and staid there the night before the election. The most, perhaps all, the party were from Missouri. They went to Fort Scott to vote. On the day of election, Barbee and Wilson, two of the judges, made some attempts to swear some of the men; but they got them in some way not to swear the voters, and I think none were sworn that day. They all voted, so far as I know; at least they told me so. I think I was acquainted with about fifty who voted there, and who lived in Missouri at that time. There were but very few resident voters; I should think not probably over fifty. There were some there from Missouri who voted, with whom I was not personally acquainted. I should suppose there were but about twenty-five legal voters that day at Fort Scott. The settlement was sparse. Fort Scott was a trading point, with but one store there, I think. The voting was by ballot, and there was no violence there. There were several men pointed out to me as eastern emigrants, who intended to vote and leave, the same as the Missourians. They were strangers to me, and I do not know that they voted. I voted on that day, and upon examining the poll-list I find my vote put down as "No. 25, J. H. Prince." After the voting was over, the Missourians went to their wagons, and commenced leaving for Missouri. I did not leave until the morning after the election. Some of the most influential men of Missouri in the company that went urged me to go and vote. And the morning before the election I started in my buggy for Fort Scott, and staid all night at Colonel Arnett's, in Fort Scott. Whitfield and Wakefield were the candidates. I live now in Osawatomie, in this Territory, and have lived there about five months.

LAWRENCE, K. T., May 9, 1856.

J. C. PRINCE.

MATTHIAS A. REED called and sworn.

I came into the Territory from Jackson, Missouri, in August, 1854; took a claim; went back to Missouri, and came up the next month, and settled on the Wakarusa, in the seventh district, and have lived there ever since. I was at the election on the 29th of November, 1854, held at Frey McGee's. I saw a good many men there I was not acquainted with, and a good many men I had been acquainted with in Missour I was in their camp there-in Mr. Ross's camp, and John Flournoy's, and Abnet's. Samuel Ralston I saw there, and he showed me where he had staked off a claim, and said he had bought a large tree of Mr. McGee for timber. Some of them I saw there have claims in the Territory now, and are living here now.

I

do not know whether Mr. Ralston ever lived on his claim or not, though I understand he has blacks working on it; but I do not know whether he has any house on it or not. I judge I saw there about one hundred men. I do not recollect that I heard any of those men say what they had come for. I did not stay there until they left.

Cross-examined by J. W. Whitfield :

There were a good many men who came here and made claims that fall, and I have not heard of them since-both pro-slavery men and free-soilers. Some made claims, and came back in the spring.

To Mr. Sherman :

The district was tolerably thinly settled at that time, but I could not tell how many actual settlers there were in the district. There were not many settlers at the polls. I think I saw some twenty or forty there. I was tolerably well acquainted in the district, though I had not been there a long time.

TECUMSEH, K. T., May 7, 1856.

his

MATTHIAS A. + REED.

mark.

The witness could not sign his name, having cut his hand.

WM. F. JOHNSTON called and sworn.

To Mr. Reeder:

I first came into the Territory to locate a claim in August, 1854, and brought my family here in the fore part of November, 1854. I settled on one of the branches of the Wakarusa, in this district. I am from Jackson county, Missouri. I was at the election of the 29th of November, 1854, at "One Hundred and Ten," as I was considered in that district then, being at a place called Brownville.

I saw a great many wagons and tents there, and many individuals I knew, from Jackson county, Missouri. I was among their tents, and I had a conversation with some there, and they told me they had come with the intention of voting. I went up to the polls, and it appeared to be very quiet. As I had a different colored ticket from the rest of our party, who had intended to vote for Flanigan, it was challenged by Frey McGee, who had been appointed one of the judges, but did not serve. Lemuel Ralston was serving in his place, and lives on the road between Independence and Westport, Missouri. I had been acquainted with him since the year 1847. I then turned and challenged the vote of a young man by the name of Nolan, from Jackson county, I knew. I first asked if he had come over here and taken a claim, and he said he had not. Finally the thing was hushed up, as I had a great many friends there from Jackson county, and it might lead to a fight if I challenged any more votes. We both voted, and I went down to the camp. I saw a great many there I knew who had voted in Missouri the August before, at which election I was one of the judges. Among those I knew were Nathan Ross and three

or four others in and around Independence; and from the township of Washington, that I lived in, there were some three or four Muirs, some Nolans, and a young man by the name of Case, but I did not see him vote; some young Harpers and Esquire Smith, then acting justice of the peace for Missouri; a man by the name of Abnett, and several others I cannot now remember. I was in their camp while here, but I did not see them leave, and but few came in, as they had principally come before I had got here. I was surprised to see them here, as I had heard nothing of their being here. There were several hundreds on the ground, principally from Jackson county, Missouri. I should suppose there were 300 or 400 at any rate-probably more than that, though I cannot say exactly. I did not see any man vote more than once that day. I left the polls immediately after the difficulty I had started, and went into the camp.

Cross-examined by Mr. J. W. Whitfield:

There were a great many persons coming into the Territory at that time, taking up claims; but a great many of those I saw there that day I knew to be living in Jackson county, Missouri, for I have been in Missouri since, and found them living there. Some of them that day told me they stopped at Bull creek, and laid off a town, and took each a lot there, and that was all the claim they had. There were many who came in that fall and took up claims, and never came back again.

The following is the list of all the residents whose names I know on the poll-list: George W. Berry, William Daly, Wm. Holly, F. M. McGee, John Smith, Robert Turner, M. W. McGee, M. A. Reid, L. T. Cook, J. W. Brown, Wm. Handley, and Daniel Turner. W. F. JOHNSTON.

TECUMSEH, K. T., May 7, 1856.

ALFRED LARZELERE called and sworn.

I came into the Territory with my family on the first day of March, 1855, from St. Joseph, Missouri, and settled in the Burr Oak precinct, in the 14th district, and have resided there ever since. I was at the election on the 29th of November, 1854. My family was then at St. Joseph, but I had made a claim in the Territory. I did not come over for the purpose of voting at that election; did not vote, and did not think I had any right to vote. Col. John Scott, Benjamin Harding, and Mr. Bryant were the judges of election. Those judges were elected, I think, after I arrived from St. Joseph. In the morning, when I got on the ground, I saw a great many citizens of Missouri there, principally citizens of St. Joseph. There was considerable excitement at the time I arrived, which appeared to be arising from a dispute between the citizens of Missouri and the citizens of the Territory, as to the right of Colonel Scott to act as a judge of election. I took no part in it. The issue was, that Colonel Scott was selected by the bystanders, the citizens of Missouri taking as active part in it as those who were bona-fide citizens of the Territory. Colonel Scott

resided in the city of St. Joseph, and held the office of city attorney for the city of St. Joseph at that time. I heard him claim that he was a citizen of the Territory, but I do not recollect that I heard him say what time he came over. He was selected and acted as judge. On my return to St. Joseph I inquired if he had resigned his office as city attorney, and was told he had not. He has exercised that office since, I think, up to the first part of last April. I forget whether I left before the polls were closed or not, but I was there a portion of the day. When I arrived on the ground I think there was a majority of Missourians there. I think in the after part of the day a good many of the Missourians had left before I did. Several voted then, but I could not name any one now. They contended with me that I had a right to vote, as they had, but I contended that such was not the case. There was a crowd of some 30 or 40 when I first went there, and I do not know as at any time there was to exceed 50 men; but the crowd was changing all the time. Judge Leonard, Wm. K. Richardson, and Reuben Middleton, seemed to be the most active persons there from St. Joseph. Wm. P. Richardson was there also, and I always considered him a citizen of Missouri up to that time. They insisted that the citizens of Missouri had a right to vote there, especially every man who had any pretensions to a claim in the Territory at that time.

Cross-examined by Mr. Scott:

I remember but one of the judges of election appointed by the governor, and his name was Mr. Irwin, of Iowa Mission, and he was not on the ground at the time I came up. Mr. Harding was there; but I do not recollect whether he was one of the judges appointed by the governor. He acted as a judge. I did not learn that the dispute was in consequence of Mr. Harding claiming the right, as the judge appointed by the governor, to appoint the other two judges. The dispute then was as to the right of Colonel Scott to act as a judge of election. I heard Colonel Scott claim that he was a citizen of Kansas Territory, and that he had come over and taken a claim, and I think he said he had taken board for a month with Mr. Bryant. I do not know as those remarks were addressed to any particular person, but I understood them to be made publicly to the bystanders. There was a dispute as to his right to serve as a judge; and to establish his right, I think he made those remarks. I do not recollect any argument that a judge of the election was not necessarily required to be a citizen of the Territory. I think it was generally understood by all parties that a judge must be a citizen of the Territory. I understood him to say that he had made a claim, and had taken a month's board at Mr. Bryant's. I recollect one instance of a man being asked to be sworn as to his residence, and he refused, and did not vote, and went off swearing because he was not allowed to vote. Mr. Harding, and I think Mr. Bryant, acted as judges of the election, and were both actual residents of the Territory at that time, I think.

LEAVENWORTH, K. T., May 23, 1856.

A. LARZELERE.