had proposed that a man should be here thirty days before he should be entitled to vote, but he had been overruled in that; and now any man who was here, no matter how long, was entitled to vote; and a man was a citizen as soon as he stepped into the Territory.

Cross-examined by Mr. Whitfield:

I had been in most of the settlements of the district at that time; the boundaries of the district, as I understood, commenced on the east side, and run three miles west of Stranger creek, pretty nearly parallel to it, up to a line north of Kickapoo or Atchison, to some three and one-half miles north of Charles Hardh, and continued west to the Grasshopper, across it, some eight or ten miles beyond; then north to Kau river, and then down to the Kau river to the place of beginning. The district did not include Easton, I think. I did not know that the district ran as far west as Soldier creek, only as far as Muddy creek. I do not say this is the bounds of the district, but I understand it so. I think I am as well acquainted with the district as any man in it who has not been running lines. The district included Grasshopper Falls, I think.

I was all about through the county before the election, and looked at the country and people who were there. I do not know that Mr. Ellington ever was, or ever claimed to be, a resident of the Territy at all; I knew him in Missouri as a resident of Missouri. If he has ever been a resident of the Territory I never knew it. I reached the place of electon about 12 o'clock. The understanding was, that most of the residents had gone away with the poll books, but I did not see any of them go. I saw no quarrelling after I got there. I was from Casey, now Boyle county, Kentucky, to Missouri. I knew Smiths in Kentucky; I left them when I was a young man; men of the same name I have mentioned as those I knew in Missouri might have lived in Kentucky or Massachusetts, but these did not, they were my old chums in Missouri. I saw no man vote that day.

I only knew that men from Missouri voted that day from what they said themselves; they said they lived then in Missouri, and had voted that day. Barret Prater told me so of himself; he was the only man. who told me so; he appeard to be taking for the crowd, who were all listening. I sometimes talk for the crowd, and sometimes for myself. He had said "we," and when I talk for myself, I say "I." I do not know that Prater was talking for the crowd, but I took it so from what he said the whole crowd were listening to him-I do not know that the crowd endorsed his opinions. Whenever a man comes in with a crowd, or party, to accomplish a particular purpose, and he comes forward and says, we think this, (( or we will do or have done that," I take it he is speaking for that party or crowd. I do not know that the crowd endorsed what he said.

Question. Was not the delay of organizing the territorial government here the occasion of great complaint and dissatisfaction among the people, and one of the primary causes that have led to the difficulties that have taken place here; and did not the people believe that the delay was for the avowed purpose of allowing time to the aid companies to ship a sufficient number of persons here to control the election?

(The question was overruled, Mr. Oliver dissenting.)

I recollect some of the names of my old chums I saw, but not all of them; among them, William Chandler, Barrett Prater, Andrew Murray, Mr. Darbey, and others. In connexion with these people they said they came to vote, and contended the way matters were fixed up it was free for every man to come over here and vote. I do not recollect of their giving any other reason for coming. I do not know that these people did not have claims, some said they had chosen claims, others that they were looking out for claims and intended to come. To Mr. Howard:

The general rumor was that the free State party had a majority in that district at that time, and it is larger now. The rumor was that the legal voters in that precinct (Hickory Point precinct) was about forty-three, but I never knew what it was or what the census was.

To Mr. Whitefield:

Previous to my examination, some of the names on the poll books were read to me by Mr. Propper, in order to see if I could recollect any of the names of the Missourians.

LEAVENWORTH CITY, K. T., May 21, 1856.

JAMES NOBLE.

JAMES F. FORMAN was called and sworn.

At the time of the March election I resided in the Doniphan precinct, fourteenth district, and was present at the 30th of March election. I was present when the vates were being counted out, after the closing of the polls. There was a discrepancy between the poll list and ballots of one vote. The judges explained in a manner satisfactory to all. If there had been a discrepancy of from five to fifteen votes between the tally list and polls, I think I should have noticed it, for there would have been some questioning about it, but I heard nothing and saw nothing of the kind.

To Mr. Sherman :

I feel almost positive there was a difference of only one vote between the tally list and ballot cast. The only reason why I think there was not more is that it would have excited attention.

LEAVENWORTH, K. T., May 27th, 1856.

JAMES F. FORMAN.

To Mr. Oliver:

RICHARD CHANDLER called and sworn.

I first came into the Territory on the 3d of April, 1854, and stopped at Osawkee, in the thirteenth district, and resided there until July, 1854. I then went to Hickory Point in the same district. I was at the election at Hickory Point on the 30th of March, 1855, for members of the

legislature. I was one of the judges chosen by the people, after the first judges appointed by the governor had resigned. The election was orderly and quiet, so far as I saw. I saw no effort to prevent or control any man in his voting. I am tolerably well acquainted in that district, and have paid some attention to the relative strength of parties there. I should think there were from 200 to 250 resident voters there at the time of that election, and the pro-slavery party had a majority of some four or five to one of the free State party; so far as I could judge the pro-slavery party turned out at that election pretty well. I saw some free soilers there, but there were many I knew that I did not see there. I saw some free State men vote there. Some three or four free soilers were called on to vote, but they refused to vote. The people there on that day, so far as I saw, seemed to get on very peaceably and friendly together, and I heard no disturbance there in reference to the election.

I am acquainted with the general character of Doctor Noble for truth and veracity, both in Missouri and in the Territory, and it was very bad. He lived in Missouri some eight years, and his reputation there was very bad for truth and veracity. I have been frequently in his neighborhood hunting up cattle, and the people there generally considered his character for truth and veracity as very bad; and from my knowledge of his general character I do not think I would believe him under oath. I know something about the general character of Charles Hardh for truth and veracity, and he is noted for his hard yarns and tough stories, and his neighbors generally will not believe what he says. I should believe him under oath, as I think he is too proud and too good hearted to swear a lie. I know four men by the name of Gardiner in our district. I know three Greggs-Thomas, William, and another. I do not know any Arnold or Walker. Í know a man by the name of White, but none by the name of Breckenridge. I know the Pembertons and William Carpenter there, and also John Myers; he resided in the territory on the 30th of March, 1855. These men I speak of knowing were residents of the district at the time of the election on the 30th of March, 1855. I also know a Marshall there and some Jeffers there also at that time.

Cross-examined by Mr. Howard:

There were at least one-third of the voters that were sworn. We asked them if they considered themselves resident voters of the Territory. We had the governor's proclamation there, and followed the form pretty strictly.

RICHARD CHANDLER.

LEAVENWORTH CITY, K. T., May 20, 1856.

T. A. MINARD called and sworn.

I moved into this territory with my family in August, 1854, from Iowa. I came to western Missouri on the 10th of June, 1854, and remained there until I came into this Territory and settled on Stranger

creek, near Easton. I was at the election of the 30th of March, 1855. The principal road from Fort Leavenworth to Fort Riley passes my house. On the day before the election there were large numbers of men, some walking and some riding, who passed my house. There was nothing said and done by them except that they would curse Reeder and hurrah for Atchison, or something of the kind. They were in companies, some two or three wagons in a company, and they were passing, more or less, all day. On the morning of the election some passed on horseback. I had no conversation with these men on their way out about voting. I came to Leavenworth that day, as that was my precinct, and I returned in the afternoon, arriving at home about sundown. I met men returning, whom I am confident were the same who went by my house the day before, in wagons. I had some conversation with some of them. On the way home I met quite a number of wagons I recognized as some I saw pass my house the day before. They inquired if we were right on the goose, and we answered we were. They inquired how the election went at Leavenworth, and we generally said that the goose had carried it. After passing these wagons, I rode along about two miles, and met a man on horseback coming along, and commenced a similar kind of conversation, and then he inquired if we had seen a wagon, describing it, on ahead of him. I told him I did not recollect of seeing any of the description he gave. He then stated that his captain had agreed to camp on Stranger, and he could not find him there. I inquired if he had been at the election at Hickory Point; he said he had. I asked how the election went. He said that they had run out the judges appointed by Reeder, and put in judges themselves. I then asked him how many votes they had polled, and he said he did not know; that he had got drunk before the polls were closed, and did not hear the votes counted. He appeared to be about getting over a spree when I saw him. To the best of my recollection, he said he and the company came from near Liberty, Clay county, Missouri. He said he was hunting for the captain of their company, as he had their provisions, and he was afraid if he did not find him he would have to camp out with nothing to eat. This was the substance of the conversation. we had. Several wagons camped along the Stranger, about a mile from my house. I saw them as I was going home, but did not go down there again. I recognized some as being the same who had gone by my house the day before.

Cross-examined by Mr. Scott:

I do not know where the men were going to the day before the election, or where they did go. I heard but this one man say that they had been to Hickory Point, or where they were from. I did not see the wagon he described as the one he was looking for. I rather volunteered some remarks to Mr. Sherman, of this committee, in regard to what I knew of this matter, because I was in a hurry to leave and wanted to be examined as soon as possible. I was not summoned by any request of my own, and did not wish it either. The member of the committee, after I had requested to be examined as soon as possible, invited me to talk with him upon another subject, and after

we had got through that I volunteered some remarks in relation to this one. I think I said pretty much what I have said this time. In other respects our conversation was rather on personal matters, not proper to come before the committee perhaps. I think after we had talked a few minutes, the remark which this member of the committee made, which induced me to speak of this matter, was to ask me what I knew in regard to the election in the thirteenth district. That, I think, was the only question asked me. No other member of the committee was present that I know of, though there were other persons present when we had our conversation. I have been accused of being an abolitionist, which was not true. I am a free State man all the time.

I understood by the term "right on the goose, right on the goose," that there were men coming here to control the country, and make this a slave State; and when I answered that I was right on the goose, I wanted them to understand that I treated them the same as they had treated me. I did not wish them to think I was a pro-slavery man, for, if I had been asked, I should have told them I was a free State man. I answered in that way so as to avoid difficulty.

To Mr. Sherman:

The conversation I had with Mr. Sherman was here in the room, while the examination was going on. I was sitting about three feet from the reporter who was taking down the testimony, and before all present. I did not think any attempt was made at concealment. Mr. Sherman made no remark whatever to indicate what direction I should give my testimony, except to intimate, by some gesture, that he did not wish to listen to it.

THOMAS A. MINARD.

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

CHARLES HARDH called and sworn.

I settled in the Territory on the 22d of June, 1854. I emigrated rom Missouri and settled in the thirteenth district, and reside there. still. I was one of the candidates for representative on the 30th of March, 1855, and was a candidate up to the day of election, when I withdrew at the commencement of opening the polls the second time. l'he reason I did so was because the judges appointed by the governor were ordered away by some persons in the crowd who were strangers o me. I then saw that there would be difficulty, and withdrew. I oted that day. I do not know whether the citizens, as a general hing, voted or not. I left, immediately after I withdrew, from about he polls. I handed in my ticket to one of the persons acting as udges about five o'clock in the evening. I did not see persons vote, s I was not about the polls.

I knew some of the persons who resided in Missouri when I was here. One was Colonel David Hunt, who had a claim on the tranger; but I do not know as he ever resided on it. I do not know here his family resides. Mr. Tebbs was my opponent; there was H. Rep. 200—19*