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senting any party of people in this Territory, he insists that he has the right to ask any question of the witness touching the troubles in this Territory, whether they bear immediately or mediately upon them; and further, that it does not lie with the majority of this committee to restrain him in that examination.

Mr. Sherman understood the rule under which the committee have heretofore acted to be this: that in all public matters relating to elections their examinations should be with open doors; in all matters where individuals are charged with crime, and especially with homicide, the examination should be in secret. This rule was adopted by general consent. This witness was called during a recent session to testify as to facts connected with the homicide of Brown, and therefore, he thinks, that, according to the rule, the question of the validity of the laws of the Territorial legislature ought not to be examined into in secret session, but that the testimony will be competent and proper at another time, and with open doors. It has also been the practice of the committee to keep each subject by itself; and where a witness is examined on two distinct matters, his testimony is separated, and each part signed; and Mr. Sherman thinks that this rule ought to be adhered to, and that this subject ought to be embraced in a separate deposition; but as it has proceeded thus far, as a part of the examination of this witness, touching the homicide of Brown, it may as well be completed.

Mr. Howard thinks the examination in this connexion about the election of the free-State party as irregular at present, though not incompetent as a separate deposition, that being the rule heretofore followed by the committee.]

Examination resumed by Mr. Oliver, who did not claim to be strictly cross-examining.

Witness. I do not think I ever conversed with Governor Reeder about this matter. I had an introduction to him about a year ago, but had not much acquaintance with him until he was at this city, about a month ago.

I think at Easton, while we were prisoners there, I heard two or three different individuals remark that they did not want any fighting, or any injury done to any one, but I did not know who said so. I was at the election in Easton the day before, and voted there. I voted for Charles Robinson for governor, N. Y. Roberts for lieutenantgovernor, Colonel Mark W. Delaha for member to Congress. I arrived at the place of election at 10 or 11 o'clock on the 17th of January, and remained there through the night, until perhaps 8 or 9 o'clock the next day. I think I saw one or two individuals, free-State men, drink from a bottle that would hold about a pint, that they had in a wagon near the house. I saw some that I thought were under the influence of ardent spirits, as I saw some persons drink there. I saw Mr. Brown, the deceased, drink out of the bottle I have referred to, but I do not know as I could state that I saw any body else drink. This was about 9 or 10 o'clock at night. I told Mr. Brown that I thought he was a little intoxicated, and he said he was not. I should think it was one or two o'clock in the morning that Brown and his party went down to rescue Sparks. I think he had been asleep that

night, but I do not know certainly about that. I was up when they started, but did not go with them. There was a call for all who had guns to go, and I did not consider myself called upon to go, as I had no guns. I had two revolvers, but there were other reasons why some of us did not go. I should think about fifteen went. I noticed them first particularly; they were on foot, and were armed with their guns, and some had revolvers and knives, and one or two young men had small pistols. The understanding when they left was that they were going to rescue Sparks. Sparks had left, some fifteen minutes or half an hour before they started for him, for home. I think two of Mr. Sparks's sons and Mr. Tritt went with Sparks, when he left. I think Mr. Sparks had a double-barrelled gun, but I do not think the rest were armed, though I am not positive about that. I do not know that any of the pro-slavery party were up there before the election was over, but two came up after the election was over. I think there was no interruption by the pro-slavery party to the election while it was going on, except what I have stated about a party having come up near the polls, about thirty or forty in number, and their officer ordered them to charge, when some of our party went out, but they did not do so.

To Mr. Sherman :

The election was not held here, in Leavenworth city, because the business men of this place were afraid if it was held here it would result in bloodshed and the destruction of property, and that was the general impression. It was feared that it would result in a general riot. It was expected by the citizens that the opposing force would consist of citizens of this town and from Missouri.

To Mr. Oliver:

I cannot say that I know of any Missourians who threatened to interfere with this election.

LEAVENWORTH CITY, K. T., May 16, 1856.

J. C. GREEN.

DAVID BROWN called and sworn.

I came into the Territory about the middle of September, 1854. I am no relation to Mr. R. P. Brown. I lived about three miles northwest from here, in Salt Creek valley. R. P. Brown lived upon a claim west of me, adjoining mine, some 600 yards from where I lived, upon another man's claim of the name of McCrea, and lived in the cabin of McCrea. I understood there was some partnership in regard to the living on the claim. Mr. Brown had a wife, and a little girl some two and a half years old, living with him. I was at the house some three or four hours after Brown was brought home. I was the first man who was sent for. About 12 o'clock at night a messenger came to me to come to this place to get a doctor. I did not get any one to go out, but spoke to one, who promised to come. The one who

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brought me the message was a Frenchman, named Charles Jareau, I think a teamster for Brown. I got back to Brown's house about 3 o'clock, and found him in a dying condition, lying upon a pallet on the floor, his clothes literally covered with blood. I sat down, took his head upon my lap, and examined the wound. I asked him how he was; he said he was dying, but should die in a good cause. I commenced opening his vest to ascertain if there were any further wounds in his body, and he told me they were all in his head. I opened his vest, but found no other wound. He raised apparently from one side. as if he wanted to turn over to the other side, and exclaimed, "I am dying ;" and immediately died, with his head upon my lap. When I was unbuttoning his vest, Mrs. McCrea, of the house, handed me some warm drink to offer him, but I discovered he was too far gone, and returned it to them. The man who was present stated that they had been giving him some warm drinks at the grocery before they brought him home. This man's name was Charles Dunn, and he was captain of one of the companies out there in the affair. He insisted on my offering it to Brown, but I refused. After Brown died, I proceeded to superintend the burial, changing the clothes, getting a coffin, &c. He was buried on Sunday, the 20th of January. Dunn told me that he had befriended Brown, notwithstanding they had been personal enemies, and had brought him home from Easton, where the affray took place. He said when he first discovered Brown he had received this wound; and after receiving the wound, Brown had made his escape, fled to the woods, and had been caught and brought back; and Dunn had been instrumental in keeping them there from shooting or hanging Brown, as some wanted to do.

Dunn showed me a fresh wound he had received on his hand, he said, while doing this, in shielding off a gun, to prevent a man from shooting Brown. Dunn was at that time very much intoxicated. After Brown died, Dunn promised to come back immediately, but he did not. I saw nothing of him until about 11 o'clock the next day. He lives about a mile from where Brown lived.

The wound on Brown's head was on the left side of the head, cutting the inside of the left ear, and extending perhaps two inches long to the left temple, cutting off a lock of hair. His body was taken up about a week after he was buried, when his brother came on here, and was examined by three physicians of this place. I helped to take the body up, and saw the physicians examine the wound, and run the middle finger of their hands into the skull the whole length of the finger.

I have never known of the public examination of any of the men engaged in this matter, or of any attempt to arrest any of those men. After Brown died, his wife and child came to my house and lived with me until about the first of April, when I saw her on a steamboat and start on her way home to Michigan. Mrs. McCrea lived with me during the same time, and left with Mrs. Brown. After Brown was killed, Mrs. McCrea sold her claim.

I was at the election at Easton.on the 17th of January, 1856; and on my way there I was stopped by the Kickapoo Rangers, who demanded where I was going and where my business was. I declined

for a time to tell them. They insisted, and I told them one portion of my business, which was to go and see a Mr. Dawson, a pro-slavery man, to get some money he owed me. That did not seem to satisfy them altogether, and they asked me if I was going to the election to vote. I told them I thought probably I would go to the polls. I said I did not know whether I should vote or not. Two of them, who seemed to be the most forward of them, separated-one taking my horse by the bridle, and the other went back in the grocery where I was stopped, some two miles this side of Easton, where these Rangers were stationed. The one who went to the grocery was named McAleary, and the other was named Hubbard. Hubbard flourished a little pistol. around, which he said sometimes silenced abolitionists. Mr. McAleary, after he returned from the grocery, told me I could pass on, and I did so, and went to the election after having collected the money of Mr. Dawson, and then returned back and stopped with the Kickapoo Rangers, voluntarily, at the grocery. They inquired if I had been to the election. I told them I had. They asked me who were sitting ast judges of the election. I told them I did not know them. They said they were going up to take the ballot-box. I told them they had not force enough to do that; that, in the first place, there was no ballotbox; that the voting was done in a man's hat. They said they would go and take the hat. I said they could not do that, for there were about sixty men there who I believed were able to and would defend the ballot-box. I then left them and went home. This McAleary did most of the talking with me. I did not know this Hubbard, and may have mistaken his name. I did not see Dunn that day. I should think this company of Kickapoo Rangers consisted of about twenty-five when I was stopped going out. When I came back, I should think there were only twelve or fifteen of them. On my return some of them appeared to be intoxicated, but none, I think, when I

went out.

After Brown died, I came to town to get a shroud and a coffin made, and on my way back I met this Dunn coming towards the town. Just after I got back to where Brown's body was, a man who was working for Merrill Smith came in, and said that a Mr. Harvey had sent him to forbid me or any one else touching the body till a coroner's inquest could be held over it. I therefore left him until that night at candle-lighting, when the same messenger came back and told me Mr. Harvey had declined acting in the matter, as he could not get enough to come with him. I then helped to dress the body, and it was buried the next day.

To Mr. Howard:

I came from East Tennessee to Minnesota Territory, and then here. DAVID BROWN. LEAVENWORTH CITY, K. T., May 15, 1856.

M. P. RIVELY called and sworn.

I reside at Salt creek, three miles west of this place, and keep store there. I was near Easton on the 18th of January, 1856. I first saw Mr. R. P. Brown near Easton on that day, with a number of men with him, whose names I do not recollect. He was walking, but I do not recollect whether by his wagon or not. As that was some time ago,

I do not recollect much that took place; not much took place while I was there. Some men had him, but I don't know whether they were Kickapoo Rangers or not. They had him at Easton, after they took him in Dawson's store, where they kept him. I thought I would be brought up here to testify in relation to the elections, and not in regard to any little difficulties that have occurred in the Territory. I did not come up here to give any testimony about anything but elec

tions.

[Mr. Howard stated to the witness the object of the examination, and read to him the authority given to the committee by the House of Representatives.]

By Mr. Sherman :

Q. Will true answers to questions as to what was done that day by the persons you have spoken of to R. P. Brown, tend to criminate you personally?

A. Upon due reflection, I think they might in some slight degree. By Mr. Howard:

Q. What persons were there of Mr. Brown's party?

A. I am acquainted with but one of them-a Mr. Adams, I think, a surveyor. The rest I do not know, and don't think I should know any of them now, except a Mr. Green. There were some six others, I think, besides those two.

Q. Did you see Brown's party before they got to Easton?

A. I saw his party, and suppose Brown was with them, though I lid not see him, some five or six miles this side of Easton.

They had a wagon with them, but I do not know whether they had just got out of it or not. A Frenchman named Jareau, I think, was driving. When the wagons met, I think there were of our party a man named Capt. John W. Martin, of Kickapoo ; a Mr. Gibson, who, I think, lived at Kickapoo at that time, but I don't know where he lives now, though I have seen him at Kickapoo and at Weston within the last three weeks. Charles Dunn was not with us when the two parties met, but joined us at Easton in the afternoon. A Mr. D. A. N. Grover, now member of the council, and brother to the district attorney, was there. Mr. Sharp was there from Kickapoo. Dr. Harris, from near Kickapoo, was there. Mr. Adkins was there; I do not know his first name, nor where he lives. I think that is about all I can recollect. I should think there were about twelve or fifteen of our party. I think Brown's party consisted of from seven to nine. I think all our party were on horseback, but I do not recollect of their having a wagon, though they may have had. I do not recollect of any other

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