I gave up the polls because I was told I had to receive such votes as were offered or give up the polls, or have the house torn down. I was told this repeatedly by the crowd generally around the window. The majority of the crowd were strangers to me. I was tolerably well acquainted in the thirteenth district at that time. There were but few residents there on the ground that day, not over thirty or forty I should judge. I judge there were between 250 and 300 persons present. I did not hear these non-residents say where they were from, though I know some were from Platte City, Missouri. Those I knew from Platte City, Missouri, I cannot say had any badge about them, though it was a pretty general thing to see a bunch of hemp in the button-hole or around the hat, some made into tassels. William Fox, that I knew to be from Platte City, was there. I do not know. as he voted. I knew no other non-residents there except those from Platte City, and I do not know as I heard any of them say where they were from. As near as I can recollect, some two or three persons offered to vote, who, on examination, acknowledge themselves to be citizens of Missouri, and we refused their votes. They then remarked that we had to give up the polls or receive their votes, or otherwise they would tear the house down.

Some of these men were armed with guns, some with knives and revolvers in their belts. It was repeated frequently about tearing the house down, and they appeared to be very positive about it. I do not know any man named Thomas in our district. I know a man by the name of Gardner in Platte City, but I did not know his first name. There is a Jesse Yocum in our district. I resigned without receiving any votes, but remained about the polls till some time in the afternoon. I do not know any men named O. G. McDonald, G. C. Clindey, J. S. Barbee, in our district. I cannot tell the names of the two or three whose votes I refused. They claimed a right to vote because. they had a claim in the Territory, though they lived in Missouri. The settlers I saw there did not amount to more than thirty or forty. I saw none of them vote. All of the judges resigned at once, took up all the poll books and papers, and left the room and took them up to Governor Reeder. I do not think we announced our resignation. I think three judges were nominated by some person, and all in favor invited to walk out and form a line. So far as I recollect I do not know any men in our district named N. B. Hopewell, or William M. Gardner, or Richard Chandler. I did not see the new judges receive any vote. I did not vote, because I thought it would not be worth while to vote where the judges were almost compelled to give up the

ballot box.

I reached Governor Reeder with the protest, signed by myself and the other two judges, I think, on the 3d of April, some time in the forenoon. I do not know as the protest was acted on, as there was no special election called, to my knowledge. I did not see these men, but I saw quite a number of wagons and tents. I had some conversation with Mr. Fox about voting. He came to me and wanted to know if I could not receive the votes of "" our people," as he called them, under the oath I had taken as judge. I told him I could not. I have no means of telling by the census returns the number of voters

in that precinct, which gives some 80 odd. I do not know when these men left. A portion left before I did, taking the military road towards. the river.

Mr. Fox stated no reason for voting over here, except that they had a right to vote. At that election, I think the free State party had a pretty good majority in that district. I have never heard of any free State man who voted on that day. I do not recollect the candidates at that election. I lived in Missouri some two and a half years, and came there from Indiana. I did not vote, because I considered that election illegally conducted.

Cross-examined by Mr. Rees:

I heard, more than once, from the crowd, that they would pull the house down, and, I think, from different men. I did not know all the residents of that district. I was acquainted with many in the district. I thought the proceedings were illegal from the time the judges were not allowed to act. I had calculated to act at that election before that time, and considered it legal up to that time. I intended to vote for Samuel L. Hardh for representative, and Colonel A. J. Whitney for council. I knew there were other candidates, but never knew their names. Travelling in wagons is sometimes a very common mode in this country, and I suppose people go to elections sometimes in wagons. Some of these persons I knew were non-residents, but I do not wish to mention the names of any but Mr. Fox. I consider a man who resides in the Territory with his family a resident. Some of these men told me they did not live in the Territory. I think a majority of those there did not live in the Territory. The first men who offered to vote said their families were in Missouri, and their homes were there, and they had a claim in Kansas. There were but two or three of them. I do not know when they made their claims. They claimed to have a right to vote because, they said, they had claims.

There were but few men in our district, who staid there, who had not their families with them, and none, that I recollect of, who had any families at all. The district ran west of Charles Hardh's a considerable distance, but I never was to the boundary, and do not know how far it ran. I do not know what was understood to be the distance. The protest I carried up was a return of the three judges, which, I think, was not sworn to. I think I got it down to the governor on the third day of April. I live some ten miles from Hardh's. I did know a man in June, 1854, in that district, but I have not seen. him since. I do not know his first name.

To H. Miles Moore:

I know a David Hunt that lives some two or three miles from Platte City. I know J. H. Winston, in Platte county. I do not know that those men voted there. I knew them when they lived in Platte county, but do not know where they live now.

To Mr. Howard:

I do not know any men of those names in our district.

LEAVENWORTH CITY, K. T., May 19, 1856.

J. B. ROSS.

J. B. Ross recalled

I have looked over the poll lists for the election of the 30th of March, at Hickory Point. There was a man named Whitehead who lived on Crooked creek. I knew a James Kuykendall who lived in the west part of the district, and a Clemons, who lived near Kuykendall. G. W. Dyer lived near Osawkee; Jesse Yocum lived in the district; a Mr. Tibbs lived near Osawkee; a William Dyer lived in the district, as did Owen Tibbs. Those are all the names I find on the list I recognize now as residents at that time. Eight in all.

LEAVENWORTH, K. T., May 19, 1856.

J. B. ROSS.

WILLIAM H. GOODWIN called and sworn.

I reside usually about five miles from here, in Salt creek valley. I arrived in this place from Michigan the 16th March, 1855. I was at the election at Hickory Point, in the thirteenth election district, on the 30th of March. The election was held at Mr. Hardh's house. One of the judges I knew, by the name of J. B. Ross; another was named Cory; and another I did not know. I was present at the election for a short time. For some reason the judges I have named did not serve; they left the polls before I left, and I did not see them take any votes. Other men acted as judges, but I do not know how they were obtained. I am acquainted with some persons who were at the election, but I am not acquainted in that neighborhood. There were a great many people there, with camps and wagons, prepared to live without going to houses. There were a great many people there; I should guess perhaps 600 or 700 of them, perhaps more or less, I cannot tell. There were a good many armed, and a good many I saw with no arms. I heard a good deal of talk but I did not pay much attention to it. I did not vote because I had reason to believe there were a good many there from Missouri, from what I heard there. It was the talk among those I knew that such was the case. I could have voted if I desired. I did not know any who were from Missouri. I saw a great many there with hemp in their coats and pants and on. their hats, but I did not know where they came from. I think the principal part of those I saw were camped in tents and wagons; several hundreds of them. I do not remember that I heard that day any discussion about the rights of those there to vote. I left the grounds early in the afternoon, perhaps 2 or 3 o'oclock. There was a good deal of voting before I left. At times there was considerable noise and confusion, but I do not remember any threat or fighting. There When I went away the polls were not so crowded. I do not remember of seeing any men in the tents and wagons start off before I did.

was a great crowd about the polls.

Cross-examined by Mr. Rees:

I did not know the judges who acted at that election; they were not the same as those who commenced to act as judges. From the tents

and wagons I saw there I should judge there were from 600 to 700 persons there, perhaps more, perhaps less. I cannot tell how many wagons and tents I saw there.

My object in coming from Michigan here so early in the season was to get employment in the public surveys here.

By Mr. Howard:

I got employment as an assistant surveyor, and I have no other business.

LEAVENWORTHI, K. T., May 19, 1856.

WM. H. GODWIN.

DR. JAMES NOBLE called and sworn.

I reside northwest of this place about twenty-four miles, in the thirteenth district, now called Jefferson county. I came into the Territory in the fall of 1854, from Missouri-the northeast, Platte county. I had resided in Platte county about two years at that time, and some years before. I was at the election of the 30th of March, at Hickory Point, in that district, at the house of Charles Hardh. I was tolerably well acquainted in that district at that time; I had been, I think, in pretty much every settlement. There were a great many people at that election. I do not know who were the judges; I think there were two classes of judges, but I do not know who were the first class of judges. N. B. Hopewell was one of the second class of judges, and, as such, told me that he made the returns to the governor.

There were very few citizens at the election after I got there, which was about twelve o'clock. I did not vote that day. I did not vote that day. I was not prevented from voting by any violence. I was requested by some old acquaintances from Clay county, Missouri, who were there then, to vote, and grumbled at me for not voting. I did not go to the polls at all, and saw no man vote.

I do not recollect more than eight or ten residents in the district I saw there that day. I judge there were some two hundred in all on the grounds that day. I do not know any one by the name of Barber in our district. I never heard of but two men named Graves living in our district. I saw a great many of my old neighbors there that day who did not live in our district, among them were Mr. Ellington, of Platte county; B. Prater, of Clay county; Andrew Murray, formerly constable at Liberty, Missouri. I do not know of any Marshalls in our district, or Rockholts, or Whitlocks, or Arnolds. I saw a Mr. Thompson, from Clay county, there on the day of election. A Mr. W. G. Baker, I think, is interested in our town plot of Jacksonville, but I believe he is from Baltimore. I do not know a man in our district named J. Harris, but I knew one in Missouri. I do not know as I saw him on that day. Mr. Lykins, I think, formerly lived about Platte city; I know of no man named Lykins in our district. I know of no man named J. Weekly. I do not know L. Henshaw, or any Millers in our district. I knew some Swetts in Missouri, but none in

our district. I have heard that some Graggs are settling on the Grasshopper, but I do not know when they went there. I do not know Mr. Keith. I do not know of any Walker in our district. I do not know of any Hatches in our district, though I know of some in Missouri. I know of Henry Arnold, of Missouri, near Liberty. I do not know A. C. Woods, as I know of. I know David Gentry, of Boone county. Williams is a very numerous name in Missouri, but I know of none in our district. I know a John Wilson, in Missouri, but no Wilsons in our district. John Cook lived in our district, I think, and so did Colegrove. I did not know G. L. Merritt or any Gardiner in the district, but a good many in Missouri. I formerly knew a Crane, of Clinton county, Missouri, and John Hawkins, also of Missouri. I have heard of a Lee in our district. I knew Whites. in Missouri and Kentucky, and two in the district, named George A. White and Smith White. I do not know J. Carr or G. L. Parrish in our district. I know of no Hunts or Carrs in our district, but I know of a David Hunt at Platte city. I never heard of any Ewing in our district, or of J. Howard. I do not know of any Mitchells in our district. I do not know of any Thachers, or Coxes, or Brooks in our district; I have heard that a Brooks lived near the line of our district, and I think probably he was here, on the day of election. I know of but one Mason in our district, George Mason.

I have lived forty-odd years in Missouri. I had some talk with my acquaintances from Missouri about their right to vote, which they claimed to be, because they were personally on the ground intending to take up claims, or had done so. I contended that they had no right to vote until they moved over here with their goods and chattels. I saw no one vote that day. I do not recollect the candidates on that day altogether. Mr. Tibbs, Mr. Easten, and Mr. Richard Rees, were candidates, but I do not recollect the rest. I know of no man in our district by the name of Breckenridge-know an Alexander Breckenridge in Missouri; saw no man by that name there. I know Pembertons in Missouri, but none in our district. I did not charge myself with the names of those I saw there. It appeared to me a good deal as if I was now home in Missouri surrounded by my acquaintances and friends. I know W. Carpenter, a merchant, in Clinton county, Missouri; John Reed was a neighber of Mr. Carpenter. I know Shepards in Missouri, but do not recollect of seeing any here on the day of election. J. Jeffries !ves in Clay county-I know John Myers, of Howard county, Missouri. R. Chandler was a citizen of our district. Pleasant Ellington was from Missouri-I knew him— I never knew of his having any claim in our district. I know Coxes in Missouri, but none in our district.

,

I think I did not know at that time half who lived in our district ; I think I knew more than half around the polls, for it appeared as if I knew most all of those I met. I did not recognize more than a dozen I knew to be residents of the district; as to the rest I think I recognized most as my old acquaintances of Missouri-I think there were at least two hundred there in all. They started off home before I left. I heard a number speak about the right to vote; they contended that the Territory had been open to settlement; and that Atchison, I think,