WASHINGTON, D. C., July 1, 1856. Committee met. Present, Messrs. Oliver and Sherman. The following witness was sworn and examined by Mr. Oliver: No. 321. Daniel Mace. Adjourned. WM. A. HOWARD, Chairman WASHINGTON, July 4, 1856. Committee met. Present, Messrs. Oliver and Sherman. No. 322. Mr. H. C. Pate was called and sworn by Mr. Oliver. WM. A. HOWARD, Chairman. WASHINGTON, July 11, 1856. Committee met. Present, Messrs. Howard and Sherman. No. 323. G. P. Lowry, recalled. Adjourned. WM. A. HOWARD, Chairman. THE TESTIMONY. ELECTION OF NOVEMBER 29, 1854. JOHN A. WAKEFIELD testifies: I came into the Territory in July, 1854, from Iowa, settled in the second district, and have resided there ever since. I was present at the election of the second district on the 29th of November, 1854, and was a candidate at that time for delegate to Congress. On the evening of the 28th of November I started to Lawrence with. Colonel Safford, of Ohio, then a citizen here. I had made an engagement to address the citizens of Lawrence that night. We came down in a carriage, and on the road met a number of persons in companies at least one hundred and fifty in all-on horseback and in wagons. Colonel Safford asked some of them, in my hearing, where they were from; and they said "from the State of Missouri, and are going up to Douglass to vote to-morrow." We passed Judge Miller's, and came on here. On the morning of the 29th, in company with perhaps three others, I went to Douglass; found a crowd of wagons, and a large gathering of men around the house where the polls were being held. When I got out of my buggy, a man came to me and said, “is there many more of the boys behind?" Supposing he took me to be a Missourian, I said I thought there were a great many. Says he, "by God, half of Clay county will be here to-day. Now," says he, says he, "old man, I will tell you how to do, if you want to vote. We have a parcel of clerks, and you will see them writing on the heads of barrels. Do you go to them, and tell one of them you want him to register a claim for you." I saw a number of persons writing on heads of barrels. When I got up to the polls, I heard it cried out that such a man was nominated for judge of election, and the response was "ay, ay" all around. I heard no one vote in the negative. Whether it was one or two judges they were voting for I cannot say. A man by the name of G. W. Ward was one of the judges, and Paris Ellison another; both of them residents of the Territory. The name of the other judge I do not recollect, but I never saw him before, and have not seen him since, that I know of. Soon after the polls opened, a stranger came to me, and said he wanted to speak to me. He took me on one side, and said, "I understand you have come here to-day to challenge votes." I told him I had not come for any such purpose, and asked him why he asked me that question. Says he, "if you challenge a vote here to-day, you will be badly abused, and probably killed; and as you are an old man, I do not wish to see you abused." I then remarked that that kind of talk would not frighten me, but I thought it was the duty of the judges H. Rep. 2001* to see that all voters were legal voters. I asked him his name, and he told me, but I cannot remember it. That district was newly settled, and there were not exceeding fifty men in it-I think not over forty. I think there were two hundred and sixty-one or two hundred and sixty-two votes polled, and Whitfield got two hundred and thirty-five votes, if my memory serves me right. I got twenty votes, I think, and Flanigan six votes. 1 do not think there were actually more than thirty-five legal votes that day. Those men were armed with revolvers, some with guns, and a great many with clubs; and a great many of our settlers, knowing these facts, did not go to the election. They had barrels of liquor there for all to drink who wanted to. I knew the citizens in the district generally. I was one of the very first settlers in the district. About the time the polls were closed, they mounted their horses, and got into their wagons, and cried out "all aboard for Westport and Kansas City." They then went off towards Missouri. A majority of them I should think were very much intoxicated, and they were very noisy. The language they used against the Yankees was something like "damn the abolitionists, kill them." One of them came up to me and seized me by the collar, and said, "you are a damned abolitionist." When I drew my cane on him, his brother came up, and told me not to mind him, that he was drunk. One of the judges then, it being right before them, invited me to come in where they were, or I would be abused. I did so, and remained there until the polls closed. When the polls were closed, I asked the judges to give me their names. They hesitated somewhat, and one of the clerks wrote out their names, and asked me for what purpose I wanted them. I said that I might know them when I met them again. He asked if that was all. I said " No, it is not." He then gave me the names of the judges and clerks. I had a couple of men swear to these facts, in order to contest the election. I drew up a petition to the governor, and had the facts approved by Mr. Snyder and Mr. McClellan. I took them to the governor, and showed him some other affidavits taken by another person; and he requested me not to show him any more, as it was useless to contest the election there, unless I had done so throughout the Territory. I find on the poll-books the name of S. H. Woodson. There is a Mr. Woodson, of Independence, Missouri, that I know, but I did not see him vote. There was no one of that name a resident in our district at that time. I recognise upon the poll-list a number of names of persons I know in Westport and other places in Missouri; among them, Mr. Elkins, Mr. Huff, Mr. Smart, Joseph Dillon, S. C. Coombs, and others. LAWRENCE, K. T., May 10, 1856. To Mr. Reeder: JOHN A. WAKEFIELD. HARRISON BURSON called and sworn. I was at the election of the 29th of November, 1854. The number of people in our district was very slim at that time. I should judge there were three times as many people at the polls on that election as there were voters in the district. I do not think there were 261 legal voters in the district at that time. This election was held at Douglass. I was at the polls that day, and saw a great number of strangers; they left in bodies, in wagons, down the river. I came out in a company of about one hundred myself, but they overtook us and passed us. There was but one man in this company of strangers that I knew; his name was Barnett, of Westport, Missouri. I know Wm. H. Russell, and have seen him frequently. I do not recollect seing him that day. I have seen him about Kansas City, but I do not know where his residence is. Cross-examined by Mr. Woodson: Mr. Whitfield, Mr. Wakefield, and Mr. Flanigan were candidates for delegate to Congress. I know nothing about the residence of Whitfield and Flanigan. Report said they were not residents, but I do not know. Mr. Flanigan was not a resident, so far as I know. I knew nothing about it; I do not know where he resides now, or at what time he left after the election. LAWRENCE, K. T., April 28, 1856. AUGUSTUS WATTLES called and sworn. To Mr. Reeder: H. BURSON. I came into the Territory about the 1st of May, 1855, and settled on Rock creek, in the second district, nine or ten miles from Lawrence; and my family has resided there ever since, though I have been away on business, some, in other parts of the Territory. I have examined the poll-list of the second district, for the 29th of November, 1854, in connexion with the census returns. I find 25 of the census list of names in the poll-list, though some of them I never knew, and I do not think they ever lived in the district. I do not recognise in the poll-book any names of residents that were not in the census, but some I think I was acquainted with in Missouri. Cross-examined by Mr. Woodson: I came here in May, 1855, and was put up as a candidate at the second election, in May, 1855, and travelled over the district, and in that way became acquainted with a great many in that district. I was not a resident of the district, and knew nothing of the residents of the district at the time of the election of the 30th of March, 1855. Mr. O. H. Brown took the census in that district, and was elected to the legislature. LAWRENCE, K. T., April 29, 1856. AUGUSTUS WATTLES. WILLIAM LYON testifies: To Mr. Reeder: I voted here at the election of delegate to Congress in 1854 in No vember. A number passed my house where I lived, on the California road, on the day before the election; they were inquiring the way to Douglass. It was understood from them that they were going to Douglass to vote, and that they were from Missouri. The next day (the day of election here) I met some as I was coming here to vote. I do not know positively that any Missourians voted here on that day. All that I inquired of, that passed my house, did not seem to hesitate in saying that they were going to Douglass to vote. I should think there were 100 or 150 who passed the house, and of some of whom I inquired. After the election was over, I saw what I took to be the same company coming down the road they went up to Douglass, the same evening, and some the day after the election. These men were strangers to me. I do not recollect of seeing any women and children or furniture with them, or any goods in their wagons, going either way. I lived on this side of what I considered the Douglass line, and I voted bere. None of the voters of the Douglass district could live down the road below me. The men seemed to be very noisy, and hurrahed for Whitfield, and some for hell, and some for Whitfield and hell both. LAWRENCE, K. T., April 29, 1856. To Mr. Reeder: JAMES M. DUNN called and sworn. WM. LYON. I was at the election of the 29th of November, 1854, and gave my vote there. I was late in getting there-not till about 11 o'clock. The election was held in Douglass, at Mr. Ellison's house, I think. I saw no violence used there. I saw persons who were from Missouri, and knew a number of them, as I had been living in Missouri but a few weeks previous. According to my judgment, I do not think there were half the number of voters residing in that district that were polled there-261. According to the best estimation I can make, I should not suppose that more than one quarter of those present that day were actual residents of the district, as it was very sparsely settled at that time. I saw a number of voters that I thought were not of age, and one young man whom I asked told me he was not of age. I knew him in Westport, and knew that he was not a resident of the district. LAWRENCE, K. T., April 28, 1856. JAMES M. DUNN. M. J. MITCHELL called and sworn. I was here at the election of November, 1854, but was confined in my room with a cut leg. The election was held in the room where I was. They went on voting in the morning until up to ten o'clock. There was some talk that there was an abolitionist to vote, and it was said that the polls should not be disgraced by an abolition vote. They said they called an abolitionist any one who voted for Mr. Chap |