ferry, and go with him to the camp on the Wakarusa. He said he should go to Lawrence and insist upon the people agreeing to obey the laws, and delivering up their Sharpe's rifles. We denied his right, or the right of anybody else, to make such a condition of a community, or make any such demand of them, until it had been shown that they had resisted the laws, which they had not done; that there had been as yet no proceedings in Lawrence under the Territorial laws, and he had no right to presume there would be any resistance to them when they were instituted. He gave up that point after some argument. I asked him, then, why he insisted upon the giving up of Sharpe's rifles, and if he meant to demand, too, western rifles, shot-guns, and other arms. He said he did not intend to demand other than Sharpe's rifles, but should demand them because they were unlawful weapons. After some time, he then said they were dangerous weapons; to which I agreed. I then told him, if he had any such idea in his head as that, he had better stay away and let the fight go on, as I thought the thing was not feasible, as he would do no good by coming here, if those were his terms. I told him he might as well demand of me my pocket-book or my watch, and I would resent the one no more than the other. I told him I did not consider myself safe, or that General Robinson or Colonel Lane would be safe, in going before our men with any such proposition. He then gave us the letter he had written, and we started for Kansas City to change horses.

Just as I drove into that town I met a man whom I recognised, who came up to me, and, pointing to the road, asked me if I saw anything. I looked around and saw a man driving a team, hauling a wagon which I had no doubt contained a cannon. It was going in the direction of Wyandott ferry, and we started after it as soon as we could change horses. As we passed through Westport, going from Shawnee Mission to Kansas City, I saw a large crowd, of whom Allen McGhee seemed to be the leader. They were drinking, and getting ready to go up to the camp at Wakarusa. Several whom I knew came up and talked to us, and said they were "going to wipe the damned town of Lawrence clean out this time, and no mistake. None of them said anything about the laws or the rescue-only the opportunity to wipe out the inhabitants. We knew we would have to pass this party going up their road, and they would be likely to stop us, and we determined to cross the Kaw river and go up on the north side. After we got started we were delayed so much, that by the time we got out of the Wyandott timber, on the Leavenworth road, it was dark, and we were obliged to stop and get a guide, which we procured an Indian; and on the way up we saw a number of encampments on the north side of the river, which we avoided.

When we crossed the military road from Leavenworth to Delaware ferry, we inquired whether Colonel Sumner or any dragoons had gone down to the ferry, and we were told they had not. We got through to the ferry opposite Lawrence about four or five o'clock in the morning. We did not overtake the cannon at all. The town site seemed to be covered with what we called watch-fires; and we found, when we got across the ferry, that the fortifications which had been deter

mined on before we left had been commenced, and that the men were working night and day upon them. We reported ourselves at once to General Robinson at headquarters, and gave notice of the approach of this cannon, and our fears that it might fall into the hands of the opposite party. A detachment of horse was sent across the river, under the command of Colonel Blood, to meet it, and they did meet it, and brought it in here. During the time we had been gone the different bodies of the opposing army had been very much increased. The fortifications were pushed on here vigorously, everybody working night and day, with very little sleep and very little eating. About this time it was that the man in command of the picket guard in the day time came in and reported that a wagon-load of powder was going up the road, marked for and he wanted orders to stop it, as he suspected it was going to Lecompton. General Robinson said "No, we wanted nothing but our own; and even in this extremity we could not consent to adopt the same policy with the other side in regard to goods in passing.

At this time, sheriff Jones, officers from the other camp, and anybody who chose, were passing into the town and being passed out beyond our guard at all times. It was urged very strongly by some that we should put the town under martial law. Many of us were opposed to going to that extent, but the guard were instructed not to stop anybody, but to accompany everybody in and report him to the captain of the guard. It was about this time that sheriff Jones was one day escorted in. I met him that day at Mr. Christian's office, and he was very much excited about it, and seemed very much displeased at the arrangement Governor Shannon was ready to make. It was on the day I returned, I think, that Thomas Barber and his brother, and his brother-in-law, left town to return home. The report came in the evening that Barber had been killed. A company of horse was sent out the next morning for the corpse, and they brought it in. I saw the body, and examined it. The wound was just about the hip-bone, on the right side, I think. He was put in a room up-stairs, in the house we are now in, and shortly afterwards his wife was brought in, and her cries were so loud it was impossible to prevent the men from hearing them, and they declared they would leave the town and attack the camp; and the company especially to which Barber belonged was almost ready to revolt. My impression is, that a conspiracy of 100 men, to leave here without orders and attack the camp on the Wakarusa, was found out shortly after Barber was killed, and put down by General Robinson.

The morning that Barber was brought in, Governor Shannon sent his aid, Mr. Kearney, of Westport, to town, to inform us that he was waiting at Franklin for an escort to accompany him into this place. Ten gentlemen were selected from the staffs of General Robinson and Colonel Lane, and sent to meet him; the command of which was given to me. We found him at Franklin, and told him we were simply a committee of escort to conduct him into town. We brought him in along with Colonel A. G. Boone, of Westport, and a captain, whose name, I think, was Stiger, and Mr. Kearney, aid to the gov

ernor.

We were met outside of the town by General Robinson,

Colonel Lane, and other officers, and Governor Shannon was brought to this hotel, conducted to the room of the committee of safety, attached to which was the general's headquarters. The committee of safety had voted the night before to give to General Robinson, and, I think, Colonel Lane, the conducting of the negotiations. I was in the room once or twice that day, but of what was said or what took place with them I did not hear and see much. That night the council of war appointed a committee, at General Robinson's request, to draw up articles of agreement. Mr. Winchell was chairman of that committee, and drew up the treaty-I think the treaty as now published. I was on that committee. It is as Mr. Winchell drew it up and submitted it, with the exception of the last clause, which was added by General Robinson. Governor Shannon said he thought it was not best to conclude the negotiations that day, as he was afraid he would have difficulty with the men. He returned to Franklin that night. The next day he came back here, and the treaty was signed. He said he desired General Robinson and Colonel Lane to accompany him to Franklin, to see the council of captains there. I was afraid of General Robinson's going there, with no one but Colonel Lane; but he concluded to do so, seeming to forget concerning his own safety, the prudence he had exercised while looking out for ours. They were gone till after night, when a snow-storm had come up. We were very anxious about them, and were about on the point of starting to look them up. They came in about eight o'clock in the evening, and that evening a man came in town saying a family below here had been driven out of their home into the storm by some from the other camp. General Deitzler took a party of some five or six and started for the place. He brought in three men, who were armed with small Colt's revolvers, large holster-pistols, and cutlasses. They said they were the picket guard that had been sent out the night before, but had been told by the captains they had met that they need not go on that duty, as the whole matter had been settled. These men had been found in the house out of which this family had been. driven. They stated that they did not turn back to camp, but came up, as they wanted to see the town, but the storm coming up they lost their way on the prairie, and finding this house they went into it and took possession. To other questions which I asked them, they gave contradictory accounts as to their presence in the house, and their reasons for it. They were disarmed when they were brought in, and their arms put away together; when they left we gave them a breakfast. One of them said he had lost a revolver. I do not know of any proof that he had lost one, but General Robinson took his from the desk before him, saying, if they had lost anything it should be replaced. One of the men had a horse which had been stolen from here. The horse had been retaken once after he had been stolen, and the man who had him was brought into town. When we were setting him at liberty in the morning, he gave his word that if we would let him ride down to camp, he would return him immediately. But we saw nothing more of the horse until we took him with these men who had been found in the house from which the family had been driven. They seemed to be very much displeased that we would not let them take the horse

again. I think Colonel Blood told them they could not have the horse. or the saddle until our saddle was brought back. The horse belonged to Colonel Blood's regiment. There were rumors that parties in the camp had rebelled, and were out in guerilla parties, to cut off men and attack the town, and our men, therefore, remained here until Monday. On Sunday, Governor Shannon was here in company with sheriff Jones and General Strickler on the other side. On Sunday night, while he was in the hotel here, while some ladies and gentlemen were collected here, he gave General Robinson the commission which is talked of so much. The meeting of the ladies was for the purpose of making arrangements for what was called a "peace party' on Monday night. This hotel was then called the "Free-State house," and was unfinished and unoccupied, except by soldiers, as the floors were not all laid. Governor Shannon said that he had very much mistaken the people of Lawrence, and I think he said something about coming here to live. He expressed some fear about the man who had been on the Wakarusa, that they would use some violence towards him. He left the next morning. The "peace party" came off on Monday night, and on Tuesday the soldiers left here Sheriff Jones attended the party on Monday night. After the treaty the military organization was made more complete-the ranks of the officers changed somewhat, the names enrolled, &c., &c.

Cross-examined by Mr. Woodson:

I was not present at the meeting in this place on the 14th of August last, or any time during that month, but I was at Shawnee Mission. I was at the Big Springs convention. The object of the meeting was to effect a union of the free-State men, and nominate a candidate for delegate to Congress. I do not know that one of the objects of that meeting was to organize for resistance to the Territorial laws. I know that one of the subjects to be discussed was, in what light we were to hold these laws. I thought, myself, that I should have something to say upon the subject, and thought that other men would do the same thing. I mean to say that, so far as I know, there were no arrangements made for a military organization in resistance to the I am laws. I never heard of it, and never expected that to be done. not aware that the free-State party ever resolved to disobey the laws of the Territory. I do not know of any purpose to resist the laws by the free-State party. I do not think I have ever heard anybody express any intention to resist the laws. The expression is that nothing could make them respect the laws. I think I have said that myself: waiving that, I would take no advantage of those laws myself to recover any right. I think I have heard individuals say that they would never be taken by officers under the Territorial laws; but only in one or two instances, and I do not now recollect their names. I do not think I ever heard one of the free-State party express a determination to resist the execution of process in the hands of the sheriff. Of my own knowledge, I know of no act of resistance to the acts of the sheriff. I cannot recollect all I have heard, but to the best of my recollection I have never heard any one of the free-State party say that the object of the party was to resist the Territorial laws. I have

heard persons say that they had resisted the execution of process in the hands of the sheriff. I heard one man say he had done so who was a member of the free-State party. What I am about to say cannot be considered as giving any correct expression of the sentiment of the free-State party.

A greaty many men of the free-State party, I have heard say, regretted the resistance to the Territorial laws at this juncture, before they had been resisted in the courts and at the ballot-box. There are other men who say that the ballot-box is closed against us; that there is no justice in the courts, as is shown by experience; and that they have nothing to say in condemnation of resistance to the Territorial laws. I do not know a free-State man in the party who does not subscribe to the resolution passed at Big Springs, in effect that the burden of these laws must be thrown off somehow and at some time. I have heard by report that free-State men had resisted the execution of process; that was in relation to the case I have before mentioned, where an individual also told me he had resisted-this instance being the rescue of Branson.

[Here Mr. Woodson proposed, under the rule adopted by the majority of the committee, (as he understands it,) to prove by the witness (G. P. Lowry) what was the understanding and reports in circulation among the free-State party in Lawrence as to the fact or facts of the resistance of free-State men to the execution of process in the hands of the sheriff of Douglas county.

The majority of the committee have not adopted any rule (as they understand it) under which this question would be competent, nor do they know of any rule of law or of evidence that would make it competent, and decline to allow the question to be put to the witness.

Thereupon Mr. Reeder proposed that the above question be answered by consent, which was agreed to.]

With regard to the rescue of Branson, it was generally reported in Lawrence that sheriff Jones had gone with a party of 14 or 15 to the house of Mr. Branson, and arrested him upon a peace warrant. It was further said that Mr. Branson had committed no offence, but was only a witness against Coleman in the murder of Dow. It was further said, that a party of free-State men were returning from Hickory Point on the same night when the arrest was made, who had been there to attend a meeting in reference to the murder of Dow; were about 13 or 14 in number: and that they met in the road sheriff Jones's party with the prisoner; that they inquired who was there, and that Mr. Branson spoke and said he was there, and they had got him prisoner, but he did not know what for, nor where they were taking him; that the party coming from Hickory Point asked him if he wanted to go with sheriff Jones, and he said he did not. They told him then to get down off the horse he was on and come with them that he did so; that after some further talk the two parties separated, and each went its own way. The report further said there was no violence or force, other than their being there on the spot; that four or five out of the free-State men were armed.

;

I believe the resolution referred to by Mr. Jessee as having been passed at the Big Springs convention was passed there. I do not know