announcement being made beforehand as to who should be selected in the place of the judge who was absent. There were a great many there who were strangers to me, and I do not know where they were from. There were two or three that went with me, and who had been living in Missouri, and expected to, and thought it likely they would, make Kansas their home. I did not see them vote, but they said they voted. The other strangers I do not know where they lived. I did not know all who lived in the district.

WESTPORT, MISSOURI, June 3, 1856.

B. S. KEZER.

FIFTH DISTRICT.-Bull creek, Pottawatomie, Big Sugar, Little Sugar.

Dr. B. C. WESTFALL called and sworn.

I moved into the Territory about the 5th of January, 1856, from Missouri. I had resided for three years previous at New Santa Fé, Jackson county, immediately on the Missouri line, within ten feet of it. Some few days prior to the 30th of March, 1855, companies were organized to go over the Territory to various places to vote, and some of my neighbors prevailed upon me to go with them to Bull creek, at Baptiste Peoria, in the fifth district. We went out on the 29th of March, probably thirty in the company I was with, and when we got to Bull creek we found two encampments near there; the one that I camped in was principally from Jackson county and near the place of clection, and the other was about a mile off, and those there were principally from Cass county, but some from Lafayette. I knew personally a great many of them, perhaps half of them, as I had lived n Cass, Jackson, and Johnson counties for the ten years previous. The evening we arrived there Mr. Park, from Kentucky, and Mr. Payne, from Missouri, claiming to be two judges appointed by Gover1or Reeder, came to me and told me that the third judge the governor ad appointed would not be at the election, and requested me to act is judge with them, as they had the appointment of judge in the abence of the other. I told them I would serve. About ten o'clock, when the most of us had retired to our tents, Judge Hamilton, one of he members of the county court for Cass county, Missouri, came in rom Pottawatomie precinct, and woke us all up and told us there was ot a sufficient number of men down at Potawatomie to carrry the ay, and requested us to send about sixty more down there if we could. A portion of our company went with him to that precinct, about sixeen miles from our camp. In the morning those who remained came o the house where the election was to be held. We judges convened nd opened the polls. I asked the other two judges what we would o with regard to all the voters from Missouri, and whether or not H. Rep. 20015*

we could reconcile that with the oath prescribed by the governor. They stated we were not to be sworn. We opened the polls and they commenced voting. I think there were three hundred in the company but I do not know how many voted. I think nine-tenths or more of those who voted were residents of Missouri, as there were but few settlers in that precinct at that time. The judges were not sworn. We closed the polls and went to making out the returns, and the magistrate, or one who called himself a magistrate, certified to the governor that he had sworn the judges. One gentleman by the name of Samuel Wade, near New Santa Fé, called out his name and we took it down. Shortly after he voted he came back and called out Jim Wade's name, and I am pretty confident that was taken down. Jim Wade was a son of the old gentleman, some nine or ten years old at that time. I asked Mr. Wade afterwards why he had called out Jimmy's name as a voter, and he said he had made him a claim on Bull creek, adjoining his own, and he expected Jemmy would become a resident of the Territory and a voter. The returns were then made out and sent to Governor Reeder. The men who went out were all heavily armed, and asserted that if they were prevented from voting they would assert their rights and vote anyhow. The party left for Missouri, a few the evening of the election, but the main body of them the next morning. They voted for Mr. Lykins for council, and Colonel Coffee for council, also; Henry Younger, who lives in Jackson county, Missouri, Mr. Haskell, Mr. Wilkinson, and Scott, for the lower house. Mr. Lykins lived near Peoria, Missouri, at that time. Colonel Coffee did not have his family on Bull creek at that time, though he has them there now. I understood there that his family at that time were in Bates county, Missouri. Mr. Wilkinson resided in the district. I do not know anything about Scott. Mr. Haskell, I think, was a citizen of the dig trict at that time. I had been acquainted with him for some time. He had left Missouri then, and I had understood he was in that dis trict keeping a trading house. Henry Younger is a man of consider able wealth and has much land and many slaves in Jackson county, Missouri. I have known him since the fall of 1847, and he resided neai Independence at that time. I do not know that he had moved intc. the Territory, and I do not think he has ever changed his residence since I knew him. I think he has never taken his family into the itory, as I never heard of any such thing, and I am, in fact, cer that he has never brought them out to the Territory to live any gth of time.

To Mr. Sherman:

I do not recollect of any double voting on that day except that mar who voted for his son. I do not know how many had gone to Potta watomie. I was told by Payne and Park that they had been appointed by the governor, but I do not know for myself how it was. No on took command of our company at Bull creek. They generally wen in small bands of twenty or thirty.

To Mr. Howard:

I live in the fourth district now. I think I saw five hundred in

the two camps from Missouri, including those who went to Pottawatomie. I saw a great many who told me they went directly to Pottawatomie and voted there.

LAWRENCE, K. T., May 8, 1856.

B. C. WESTFALL.

B. C. WESTFALL recalled.

I find upon the poll books some memoranda under the names of several persons-"rejected, refusing to swear." This was all got up for effect, as some free State men were looking on. It was all understood between the voters and the judges. When one of them would come to the window the judge would say, "I think you live in Missouri, do you not?" To which the man would reply, "I have a claim. in the Territory.' The judge would ask them if they would be sworn that they were residents of the Territory, at which they would pretend to get angry and threaten to whip the judges, and refused to be sworn. The matter, however, was all arranged beforehand. No one was sworn that day.

LAWRENCE, K. T., May 9, 1856.

B. C. WESTFALL.

JESSE W. WILSON called and sworn.

I came into the Territory the 26th of August, 1854, in the fifth district, and in the Bull creek precinct. I moved there from Missouri, Jackson county. I am well acquainted in the fifth district, and was one of the first settlers there. I think there was but one white family there before within ten miles of where I live. I was at the election of the 30th of March, 1855. I reached the polls about ten o'clock, having walked about ten miles to get there. I saw a great many men when I got there, and I should suppose that there were not less than 200 men there non-residents; some I was acquainted with, and some I was not. I conversed with a great many of them, and they told me they were from Missouri. I was acquainted, among the rest, with Mr. Samuel Wade, Mr. Kauffman, and two sons-in-law of Wade, all from Jackson county, Missouri, where I was personally acquainted with them. They said they were coming here to vote, and that they came to retaliate on the eastern Aid Society, who were sending out paupers here to vote; and they were going to poll as many votes as these paupers, and perhaps more. I do not know of any in our district who came out here under the auspices of the Aid Society. Our settlers. were from Missouri, Illinois, Indiana, Kentucky, and other western States, I think. Those persons I talked with said it was their intention to make Kansas a slave State. They said they had voted, though I did not see them vote. These non-residents were armed with revolvers and Bowie knives, shot guns and muskets; and, as the saying

is, were armed to the teeth. I saw no disturbance created while I was there. I do not suppose I saw more than twelve or fifteen men that I knew to be settlers in our precinct, and I think they all voted. The people of our neighborhood, as near as I can judge from conversation with many of them, were in favor of making Kansas a free State. In my judgment, if none but the settlers had voted that day, the free State candidates would have had a good majority in the precinct. I do not know of Mr. Younger ever living in the Territory, or of any property or claim he has ever had in the Territory. Doctor Westfall, one of the judges of the election, with whom I am personally acquainted, was a resident of the State of Missouri at that time. I have examined, with Mr. Gearhart, the poll books for the 30th of March, 1855, and we can find the names of but thirteen that we know to have been residents of that precinct at that time. From our acquaintance with the district, I am satisfied that if any other residents had voted we should have known it. The names of these thirteen residents are stated in Mr. Gearhart's testimony. I am acquainted with Samuel. Wade, and know that he voted for his son, James Wade, a boy about ten years old at that time.

LAWRENCE, K. T., May 9, 1856.

J. W. WILSON.

JOSEPH M. GEARHART called and sworn.

I came into the Territory in November, 1854, from Missouri, and settled on the Marais des Cygnes river, in the fifth district, in Bull Creek precinct, and have lived in that district ever since. I was at the election of March 30, 1855. I reached the polls about 10 or 11 o'clock. I saw a great many strangers there, and some I knew, from the State of Missouri, with Joseph Christopher, Jack Yocum, James Yocum, and others. These men lived in Cass county, Missouri, and told me they came there to vote; but I did not see them vote. Most of the strangers to the district had shot guns and other arms. I rode through the camp going to the polls, but stopped on going back after the election at Lug Freeman's camp. I should reckon there were 200 persons there I did not know. I am acquainted with pretty near every man in the district, and was one of the first settlers in it. The district at that time was rather thinly settled. In the Bull Creek precinct at that time I think there could not have been more than fifty voters. There were some settlers on Bull Creek higher up I was not well acquainted with; some of them were these. But I do not think there were ten from our neighborhood that were there. I heard before I started that men from Missouri were there; and I heard before I left Missouri that men from Missouri were coming over to vote; and as I was passing backwards and forwards for provisions, some of these same men told me they were coming over to vote. I think I was once in the State a month or so before the election, and some of these men then told me they intended to come over and vote, as they had claims in the Territory. I voted that day. I staid at the polls some two or

three hours. There appeared to be some difficulty, and considerable noise and cursing. I did not myself see any of the Missourians vote, though they said they voted. I do not know exactly, but I think Dr. Westfall, one of the judges at that election, lived in Missouri. Mr. Younger, a candidate elected for representative, was a resident of Missouri, where I have seen his farm and house. I saw him once in the Territory before this election, at a meeting at Dutch Henry's for the purpose of nominating candidates for the legislature. Mr. Younger made a speech, saying that he thought Missourians had a right to come here and vote. He was a pro-slavery man. A Mr. Fox got up and contradicted him, saying that he thought the men who came here and smote down the trees and made the paths were the ones to vote. Fox was a candidate of the free soil party. This was a few days before the election.

No nominations were made that day by the pro-slavery party. I do not know where Younger and other pro-slavery men were nominated. I never heard of their being nominated by any public meeting in the Territory. Lykins and Coffee, for council, and Scott, Younger, Wilkinson, and Haskell, for representatives, were voted for by the Missourians that day. Younger's house and farm is this side of Independence. I have passed it twice. I do not think he has any claim in the Territory now, though at the time of the election he said he had a claim on Sugar creek. I never heard that his family ever lived in the Territory. Some of the citizens remained away from the polls, but I do not know whether it was from fear or not.

I have carefully examined the poll books in connexion with Mr. Wilson, and I can find but the following names on the list of residents of this district, that I know to have been residents at that time: Barnet Hall, James Shaw, David Lykins, James D. Reid, John Vanhorn, Isaac Jacob, Harrison Standiford, J. M. Marshall, Joseph M. Gearhart, J. W. Wilson, Linge Ferris, and Mr. Linden; 13 in all. JOS. M. GEARHART.

LAWRENCE, K. T., May 9, 1856.

WILLIAM CHESNUT called and sworn.

I moved into the Territory on October 23, 1854, and settled at Ossawatomie, in the fifth district, and have resided there ever since. I am a farmer. I came from Connecticut. I was at the election of March 30, 1855. I was appointed by Governor Reeder as one of the judges of the election at Pottavatomie precinct. I got there about eight o'clock, or a little after, in the morning of the election. The other two judges, except Wilkinson, who was a candidate, and therefore unqualified, were not there. I claimed the privilege of appointing two to fill the vacancies, when a stranger came forward and told me he was from Missouri. He was armed with a revolver and a knife, and had a rifle in his hand. He told me his party would appoint the judges. I remonstrated with him, and named two persons for judges that I thought were qualified. He told me that if I made any trouble