To Governor King:

The cause of the meeting of which I have spoken was in consequence of the killing of Clark. I was at the squatter's meeting held on the 30th of April, at which Clark was shot. While some one was speaking at that meeting McCrea interrupted the speaker frequently. I remarked to Mr. Clark, who was standing near me, that McCrea was not a Delaware squatter, that he lived on the "government cut-off," as it was called, and that I thought only those interested in the Delaware lands should participate in the meeting. Clark remarked that, if McCrea was not a Delaware squatter, he would request him to retire and not to interrupt the meeting any more. Clark went to McCrea and told him that he understood he was not interested in the Delaware lands, and it was the wish that only such as was should participate in the meeting. McCrea remarked that, if such was the wish of the meeting, that he would retire, and did so. Soon afterwards a resolution was offered, and a vote taken; the ayes and nays. being called, McCrea and others of his friends voted.

The chairman being unable to decide, a division was called for, and the question was decided in the affirmative, and the chairman announced that the resolution was carried. McCrea remarked that it was a damned fraud, and that it was through the instrumentality of Malcolm Clark. Clark remarked, "it is not so, sir." McCrea told him it was a God damned lie. Clark made towards him, and I saw McCrea attempting to draw his pistol. Clark seemed to be picking up something, but I cannot say what. At this time Clark must have seen McCrea in the act of drawing his pistol, being nearer to him than I was. Just at this time the crowd rushed in between myself and Clark and McCrea, and I saw nothing further. I heard the report of the pistol, and Clark exclaimed, "the scoundrel has shot me," and saw McCrea running with a pistol in his hand. Clark died in a few The general rumor prevailed, and I believe it, that Phillips had advised the killing of Clark; and the rumor prevailed, also, that he had been seen to hand McCrea something which was supposed to be a pistol.

moments.

I don't know that the matters relative to the destruction of Delahay's press and the taking of the ballot boxes were ever investigated before a grand jury.

LEAVENWORTH CITY, K. T., May 29, 1856.

A. PAYNE.

RICHARD R. REES called and sworn.

Examined by Mr. Sherman:

I came into the Territory about the middle of November, 1854, and have resided here ever since. I presided at a meeting of the pro

slavery party held in this city on the 19th of May, 1855. I think C. C. Harrison, a citizen of the district, was secretary of that meeting. My recollection is that the resolutions were presented in writing and passed, and those published in the Kansas Weekly Herald of the 25th of May, 1855, in this city, are correct, as far as I recollect. The "memorable 30th," referred to in the fifth resolution there published, I presume refers to a meeting held on the 30th of April, but I do not recollect of being present at that meeting. I was at that time a member elect of the legislative council of this Territory. Ewen D. Todd, I understood, resided in the Territory at that time, but my impression is that Jared Todd resided on his farm across the river. I do not recollect that the resolutions of the meeting of April 30th were referred to except as above.

On the 30th of April, 1855, Judge Lecompte was judge of the court of this district, I think called by the governor the first district. Colonel J. N. Burnes I understood to reside at that time in Weston, Missouri. D. J. Johnson resided here in Leavenworth at that time, and I am not aware of his holding any office here then or since. D. Scott Boyle was the clerk of the first district court, and has been ever since. Mr. William G. Matthias was then a member elect of the house of representatives of this Territory, according to the returns of the 30th of March, 1855. H. D. McMeekin held the same office then as Mr. Matthias did, and is now, as I understand, a deputy marshal of the Territory, and also a deputy sheriff of this county. Green D. Todd is now sheriff of this county, but held no office, as I am aware of, at that time. A. Payne was at that time a member elect of the legislature, according to the returns of the 30th of March, and I believe is now a colonel of militia. Thomas G. Hughes was afterwards engrossing clerk of the house of representatives, and upon the resignation of Judge Halderman was chosen chief clerk of the council, and is now constable of Leavenworth township, in this county. M. P. Rively is now county treasurer. H. Rives Pollard was connected with the Kansas Herald as associate editor. James M. Lyle was afterwards judge of the election on the 22d of May, and then chief clerk of the house of representatives, and now is clerk of the county board of commissioners of this county. Alexander Russell is now a justice of the peace. Lewis N. Rees was judge of the election of the 30th of March, and is now postmaster at this place. W. L. Blair has been deputy constable since then. L. P. Stiles resided the last time I knew in Farleigh, Platte county, Missouri. C. M. Burgess was judge of election of the 29th November, 1854. The rest. of the names published in that connexion are of persons that I do not know of having held offices here, though some of them may have been on the grand or petit juries here.

The following is the copy of resolutions published in the Kansas Herald on the 25th of May, 1855:

PUBLIC MEETING.

At a meeting of the pro-slavery party of this city and vicinity, held on Saturday last, on motion of Jarret Todd, R. R. Rees was called to the chair, and C. C. Harrison was chosen secretary.

After an explanation of the objects of the meeting, the following resolutions were, on motion of Judge Payne, unanimously adopted:

1st. That we heartily endorse the action of the committee of citizens that shaved, tarred and feathered, rode on a rail, and had sold by a negro, William Phillips, the moral perjuror.

2d. That we return our thanks to the committee for faithfully performing the trust enjoined upon them by the pro-slavery party. 3d. That the committee be now discharged.

4th. That we severely condemn those pro-slavery men who from mercenary motives are now calling upon the pro-slavery party to submit without further action.

5th. That in order to secure peace and harmony to the community we now solemly declare that the pro-slavery party will stand firmly by and carry out the resolutions reported by the committee appointed for that purpose on the "memorable 30th."

On motion of Green D. Todd, it was adopted that the proceedings of this meeting be published in the Kansas Herald, Platte Argus, and all other papers friendly to the cause; after which, on motion of Samuel Burgess, the meeting adjourned.

C. C. HARRISON, Secretary.

R. R. REES, Chairman.

I cannot identify the proceedings of the meeting of the 30th of April, 1855, as published in the Kansas Herald of May 4, 1855. Thomas C. Hughes, I understand from reputation, is a clerk in the surveyor general's office of this Territory.

Cross-examined by Mr. Whitfield:

There was a public rumor that at a squatters' meeting here Malcolm Clark had been killed by Cole McCrea; the report stating that William Phillips had furnished McCrea the pistol with which Clark was killed. Meetings were held, as I understand, and Phillips was notified to leave. He persisted in remaining, and was taken by some seven or eight men, I do not recollect how many, across the river to Weston, Missouri, and there tarred and feathered. Such was the rumor, but I do not know of the fact. Phillips was publicly charged with being an accessory to the shooting of Clark. The community here were indignant at Phillips also for his affidavit, swearing that voters were deterred from voting here on the 30th of March, 1855, and the prevailing opinion here was that the affidavit was false. This affidavit related to the contest of the election of the 30th of March. These were the circumstances I understood led to the lynching of Phillips. On account of

these prevailing rumors and the death of Clark the meeting was held at which the resolutions embodied in this deposition were passed.

By Mr. Sherman :

Several of the persons who attended this meeting and took part in it were, as I understood, parties to the lynching of Phillips. I never talked with any of the free State men about the correctness of Phillips' affidavit, but I knew it to be false myself.

LEAVENWORTH CITY, K. T., May 17, 1856.

RICHARD R. REES.

To Mr. Scott:

H. H. JOHNSTON called and sworn.

I was present at an election held in Leavenworth in December, 1855, when the ballot boxes were taken. My house is about fifty or sixty yards from where the election was held. I heard a fuss and disturbance in the street and went down to where the crowd were gathered. I went up immediately to the house and saw Captain Charles Dunn at the window where their votes were received. I heard him demand of Mr. Geo. Keller the ballot box, and asked him repeatedly to give it up, on the ground that the election was illegal. Mr. Keller refused to give it up, and Captain Dunn said he would be forced to take it, and he then pulled the window out and went into the house, and I think one or two were in company with him. Mr. Keller got out of the way in an instant. Mr. Wetherell was engaged some time in trying to get the ballot box, and in getting out from between the wall and the table. He ran through the bar room of the house where the election was held, and in the hurry let the ballot box fall in the bar room. Captain Dunn followed him out on the porch, and being excited, demanded the ballot box. Mr. Wetherell drew a bowie knife on him; Captain Dunn, in endeavoring to ward off the blow, knocked the knife out of Wetherell's hand; Dunn then took Wetherell by the coat collar, by one hand, and struck him several times in the face, and then pulled him down in the mud on his face and hands. A man jumped on Wetherell once or twice with his feet when he was down in the mud, bruising him considerably about the face and head. Captain Murphy came up at that time and seeing Mr. Wetherell, took him up, raised him on his feet, and told the people round, he was a good man, and he believed a law-abiding citizen, and any person attempting to strike him, would have to fight him first. Mr. Wetherell was then taken by two or three men to his store, and in a few minutes afterwards I went in to see him. He told me he was not hurt very badly,

that he was more frightened than anything else, and would get all over it in a short time.

LEAVENWORTH CITY, K. T., May 29, 1856.

H. H. JOHNSTON.

To Mr. Scott:

JOHN LYNCH called and sworn.

I reside at Doniphan city, in this Territory, and have resided there since March, 1855. I was there at the time of the difficulty in which Samuel Collins was killed. I was in Dr. Brown's office the night before Collins was killed. Up to that time Mr. Collins and myself had been on very friendly terms, though we were of different politics. I was sitting down in a chair with my legs crossed, in Dr. Brown's office, when Collins was advancing towards me, as I supposed, to attack Laughlin, who was behind me, and between whom and Collins some very hard words had just passed, the lie being several times passed between them. Mr. Collins was standing close to me, and I thought Laughlin, from the sound of his voice, was almost directly behind me, which made me afraid to change my position. I requested Mr. Collins not to run over me. He said "Damn you, I will kick every rib in you out of you." I could not say anything I was so embarrassed at that. I still remained in the chair, and did not leave the office until Mr. Collins had left it. As Collins left the house, he stood in the door and shaking his finger at me, he said "Damn you, I will take your life." life." I made no reply to him and he left. I also left and went with Mr. Laughlin to Squire Vandevere and got out a peace warrant against Collins, and then I put in the hands of a constable, and told him where I understood the threats would be put in execution, and requested him to be in before that time.

I was at my breakfast the next morning in one of the rooms of the hotel, when I heard some yelling out of doors. I heard some one say that Mr. Collins was going to kill everybody in town. I looked out of the window and then rushed out of the door, supposing I was one of the threatened. When I got out of doors I saw Mr. Collins flourishing a knife before Mr. Laughlin. I could not say what Mr. Laughlin was doing, but I thought he was dodging behind Mr. Foreman, who seemed to be trying to intercede between them. This was between thirty and forty feet from the hotel, perhaps fifty feet. As my life had been threatened the night before, I seized my gun when I got up from the breakfast table, and took it with me out of doors, and when I got to the corner of the hotel in sight of the parties, I fired it in the direction of Mr. Collins. I then advanced, and we met each other and struck at each other with our guns, which we had clubbed, and I fell, and I know nothing of what took place there