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possession of real estate there last August or September, consisting of storehouse, etc.; he had some goods in them; he left a man by the name of Miller in charge of his business; I left Beaver Island in the beginning of November last; I am a married man, have a family; my family is not on the island; it is the practice of the people at Beaver Island to move backward and forward in their different pursuits; since the Mormons left McKinley was there about one month before the elecion; McKinley left Beaver Island on account of difficulties with the inhabitans there; don't know what disposal he had made of his property; it was the babit of the people there to drive away the residents and destroy their property; McKinley was Post Master there at the time being Post Master the Mormons had to go to his place for their mail matter; the Mormons were insulted and abused when calling at the Post Office; I don't know if he resigned his office as Post Master; this was the origin of the difficulties; many that had left the island considered it unsafe to return; when McKinley left he had from 100 to 500 cords of wood on the island; it was sold for taxes; I know Mr. Aldrich; he was once fired on when calling at the Post Office.
T. S. Andrews, being duly sworn, says: I am somewhat acquainted with the parties; have been employed as steward on the steamer Michigan; McKinley resided last summer at Mackinac; I have seen him there and at Beaver Island; he resided at Mackinac subsequent to the 4th of November; I don't know what McKinley was doing on Beaver Island; he went up and down on the steamer several times; I saw his daughters at Mackinac.
George T. Wendell, being duly sworn, says: I reside at Mackinac; I have known McK. seven or eight years; I got acquainted with him first at Beaver Island; he has lately lived at Mackinac, say three or four years, in the township of Holmes; I have lived opposite to his house at Mackinac; his family consisted of daughters; McK. and I were in Mackinac at the September election; I have never seen the returns of the September election in the township of Holmes; I do not know if he was the township clerk there; he did not act as election clerk; Mr. McK. occupied the house two winters; he was engaged at Mackinac in the grocery business; when I left Mackinac, on the 28th of October, his family were still in the same house; when McK. left Beaver Island the most of the Gentiles had previously left on account of threats of violence and on account of destruction to their property; some of them came with him to Mackinac; he and they stated that they had been driven away through fear and threats, and that he would write to headquarters for redress, and to see if he could not get back to the island; he never gave up his intention of returning to Beaver Island, but universally expressed his intention of going to Beaver Island as soon as he would be allowed to do so; he went back immediately after the Mormons had left; the Mormons left Beaver Island last July; McK's daughters were attending school at Mackinac; there were other schools at Mackinac last summer but no district school: don't know whether the girls attended school last summer; McK. had real and personal estate at Beaver Island before he was driven away; Mr. McK. told me that he only waited for a chance to return to Beaver Island.
George C. Bates, being duly sworn, says: That in 1849 or '50, a memorial signed by P. McKinley and others, was placed in my hands, I acting then as U. S. District Attorney for Michigan, stating the facts of having been driven away by force and violence from Beaver Island, by a set of men calling themselves Mormons, and asking the executive of the State of Michigan for redress. The memorial was sent by me to the Governor, from him to Gen. Cass, from Gen. Cass to President Fillmore, from President Fillmore to the Secretary of State, and from him to me for investigation in the matter, at the same time placing the 0. S. steamer Michigan at my command. I went to Beaver Island, and found upon investigation that McKinley had been driven away, and his property destroyed. I ascertained that everything set forth in said memorial was true. I ascertained that Mr. McK. was a resident on the island, and had property there. He was the only man on the island who had bought land. I ascertained that he was actually driven away and was afraid to return again to the island. I did not consider it safe for McK. to return to the island at the time; my opinion in this matter is founded upon my own investigation. I ascertained by legal proof that all the statements which McK. had made in regard to having been driven away, and being afraid of losing his life if he returned again, were all true. I considered Mr. McK. then a legal resident of Beaver Island.
Edward Kanter, being duly sworn, says: That he knew McKinley as a resident of Beaver Island in 1848; staid there until the fall of 1851,
and left because of depredations and threats-returned in the spring of 1852, and went to Beaver Island and found his property destroyed, and the man he left in charge of his property driven away; he then returned to Mackinac. McKinley had at Beaver Island a dock, a dwelling house, a store, a cooper's shop, and houses for his workmen to live in. McCulloch told me two weeks ago that he was going back to Beaver Island in the spring to settle up his affairs there, and that he did not care about living there longer. McCulloch told me a few days previous to the killing of Bennett, that Bennett was the cause of much of the disturbance at Beaver Island, and that they were bound to get him out of the way. In the month of July last, I sold McKinley some twine at Mackinac to take into Beaver Island, and he told me that he was going there to engage in the fish trade, and left for Beaver Island.
Bennett was killed in about a day or two after I had the conversation with McCulloch, by being shot by a mob beaded by McCulloch. Bennett and McKinley were both Gentiles.
Cross Examined.-Am not speaking of facts within my knowledge about the killing of Bennett, which was in the spring of 1851. Have resided for five years in Detroit; saw McKinley last summer in Mackinac. McKinley told me when he bought the twine that he was going to Mackinac to establish himself in trade.
Wm. P. Yerkes being duly sword, says: I was at Bearer Island a few days after Bennett was killed, I bought property there at that time; I spent some of that summer, a portion of the next, and I think a part of the next spring on the island. Mr. Frazier was established there in business, also Mr. McKinley. Mr. McKinley bad a storehouse, store, dwelling house, cooper shop, etc., valued at four or five thousand dollars; was doing a good business there. I bought, in company with Mr. Frazier, the property on which Mr. McCulloch's property stands, and adjoining lots; Mr. Frazier left same fall. lle had owned a stoie, dwelling house and fish houses ; he left it in charge with a man on the island. During the winter the Mormons took possession of some of his property. Mr. McKinley had on the island several hundred cords of wood. Strang did by means of illegal taxation deprive the Gentiles of their property, and drive them from the island. In the spring of 1853 I was again on Beaver Island; found McKinley's property destroyed; we stayed there
about a week, and were threatened if we did not leave we would be driv
McK. owned his own property on Beaver Island. Johnson being duly sworn says: I had a conversation with Mr. McC. about returning to Beaver Island; we had made up our minds to return to Beaver Island, and settle up our business, and remain there if we could.
STATEMENT of votes given in the County of Manitou and State of
Michigan, for the office of Representative to the State Legislature for said County, at the General Election, holden on the 4th day of November, A. D. 1856.
REPRESENTATIVE TO THE STATE LEGISLATURE.
H. D. McCULLOCH.
Eighteen, Thirty-eight, Galilee, Twenty-three
Twenty-three. . Forty-three, ... Eighteen,
Sixty-one. The whole number of votes given for the said office of Representative to the State Legislature for said county, was sixty one, and they were given for the following persons, to wit: Forty-three of them for Peter McKinley, and eighteen of them for Hezekiah D. McCulloch.
We hereby certify that the above is a correct statement of the votes given in the county of Manitou, and State of Michigan, for the office of Representative to the State Legislature for said county. And we determine that Peter McKinley is duly elected Representative for said county to the State Legislature. (Signed)
STATE OF MICHIGAN,
This is to certify that the within is a true copy of the statement of votes for Representative to the State Legislature for said county, as de. termined by the Board of County Canvassers, on the eleventh day of November, A. D. 1856.
Witness the seal of said county of Peaine, this twelfth L. S. day of November, A. D. 1856.
J. T. BAILEY,
We, the Board of County Canvassers, do hereby certify that the county seal of said county of Manitou is lost, carried away or stolen, therefore we have to substitute the “ L. S.” in the place thereof.
Dated at Peaine in said county, this twelfth day of November, A. D. 1856. (Signed)
J. T. BAILEY,
To the Honorable Committee on Elections, House of Representa
tives—Gentlemen: In the course of the first evening's investigation of the case of McCulloch versus McKinley (a contested seat) before your honorable body, we esteem that undue latitude was given to the introduction of testimony; and with due deference, before further proceedure, we desire to protest against its admission, as altogether irrelevant to the issue. We raise the question—whether there is any law known in the statutes of Michigan, that a person who has been absent with his family for several years, from a county of this state, even though compelled by untoward circumstances to leave, is guaranteed to be and remain a bona fide elector or resident? And further, if free and uninterrupted facilities for his return, with his family, have been afforded for months, and these facilities are not used, can such persons be regarded
, as an elector or resident? If these questions are decided in the negative by your committee, it cannot fail to be perceived that testimony in this case with regard to difficulties that occurred between the Mormons aņd others four years since, in which both parties