much acquainted there. I have not examined the list of names on the poll-list of that election.

LAWRENCE, K. T., April 30, 1856.

MARCUS H. ROSE.

J. R. STEWART examined.

Q. Did you examine the census returns and poll-books with Mr. Rose?

A. I did. I aided in preparing the lists he has given.

Q. Have you heard his testimony read?

A. I have.

Q. State whether or not you concur with him in his testimony on those points.

A. I do.

LAWRENCE, K. T., April 30, 1856.

J. R. STEWART.

HALLOM RICE called and sworn.

I got to Switzer creek the day before the election of March, 1855, and have resided there ever since. I came from Kansas City, Missouri, to the Territory, and before that I was from Texas. It was after sundown when I arrived at Mr. Titus's with my family. I saw a camp across from his house in the Grove, but I did not go into it. I was only within about one hundred yards from the camp; there was, I should think, a space of ground about one hundred yards square covered with wagons and tents. I was at the polls the next day; I had some conversation with a gentleman who said he was one of the leading men there; I asked him what their business was there, and he said to vote; I asked their pretensions to vote there, and he said they had claims in the Territory; I asked him what the shooting was on the other side of the creek, and he said it was nothing but the boys shooting at a mark; I said that the women thought they were making rather too much noise, and he said he would vouch for their conduct. I live on the Dragoon creek, in the seventh district. After the election was over, I saw some of the party that encamped there start east, on the Sante Fe road, and I suppose all went that way.

Cross-examined by Mr. Woodson:

There were some coming in about the same time I did; the country appeared to be almost all on the wing. I did not know the actual settlers; I was told there were considerable many moving in; some half a dozen men came in with me. I was driving a team from Kansas City to Council Grove during the winter, and saw considerable many stirring in the district, but do not know how many settled there; I made a claim in the district the fall before.

To Mr. Howard:

I believe I voted that day; I would not be positive about it; there was a great deal of talk about the voting, and I believe I voted. Things did not go off to suit me, and I did not charge my mind with it.

To the committee:

I have no knowledge of any recent military organization in Kansas Territory.

LAWRENCE, K. T., April 30, 1856.

HALLOM RICE.

WILLIAM F. JOHNSON testifies:

The 29th of March, 1855, I received a letter from Topeka informing me that I had been renominated as a candidate for the legislature on the free-State ticket; I sent word that I declined, and I went over to the seventh district. The election was held at Titus's. The night previous to the election, Nolan, of Jackson county, Missouri, came up to the house where I was, and invited me to go to the camp with him. I saw a great many there I was acquainted with; I was there till a late hour that night, and conversed with a number there; I returned to the camp in the morning. The camp had about two hundred in it, principally from Missouri; a great many of those I had seen at "110" in November, 1854, were there. I asked Nolan why he came with them, and he said it was to keep the boys from doing some mischief, but did not intend to vote himself. They generally voted at that election, but were very peaceable and quiet. I saw nothing improper in the camp; I was acquainted with rather more in that camp than in the one at 110;" there were Squire Nolan, Squire Smith, Mr. Muir, the old man, and the Muir and Nolan family generally, a young man named Johnson, and some of the Lees, George W. Case, William Dawson, and others I do not recollect. They told me they came up to vote, and asked me if I was a candidate; I told them I was put up, but had declined running. They came up to me with their bowie-knives and seemed to be pretty rabid, but Case and others I knew quieted them, and all went on quietly after that. At the polls they gave way and let a small company of settlers voteabout twenty-three of whom voted. The judges that had been appointed by the governor refused to serve, except Snider; there were other judges appointed by the crowd in their places, but I did not know them.

Some few settlers from Wakarusa, that belonged in that district, went over there and voted. One old gentleman from Jackson county, who told me his name, but I forget it now, stated to a number of men living on Switzer's creek that he had no claim in the Territory, and did not

live there, and was paid a dollar a day for coming here, and he did that because it was better than staying at home doing nothing. He said he had voted; but I did not see him vote. After the polls closed they started off down the road towards Missouri. There was no disturbance during the day that I saw; they said their object in coming here to vote was to defeat the free-State party. All the objection they had to me was that I was inclined to be a free-State man. The Missourians voted for Mobillon McGee for representative, and Strickler for council.

Cross-examined by J. W. Whitfield:

I was the only candidate on the other side for council, and my business over there was to decline; but I believe I was voted for. I did not consider myself a candidate, and my understanding was that Strickler had no opposition. My principal reason for declining was that I was unwilling to run the risk of so unequal a contest, as I had heard that there were a great many coming up from Missouri. I had always held the same opinion in Missouri as in Kansas. Mr. Baker and some other one were running against Mr. McGee. I do not know what Mr. Baker's politics were.

LAWRENCE, K. T., May 7, 1856.

W. F. JOHNSON.

CHARLES A. LINKENAUGER called and sworn.

To Mr. Scott:

I live on the Dragoon creek, south of the Santa Fé road, near what is called Council City, in the seventh election district. I went there in August, 1854, and have lived there ever since. At the election of

March 30, 1855, I was in "110" precinct; the election was held at the house of Mr. J. B. Titus, at Switzer's creek. I was present at that election. The election was going on when I got there. There were a considerable number of persons there when I got there. I was very well acquainted in the Council City neighborhood. There were persons in the precinct I did not know. All that I knew of the persons that were there that day were residents of the district at that time; some three or four of each political party. The pro-slavery party were Strickler for council and McGee for representative. A man by the name of Baker, I think, was running against McGee, but I do not know what he was. I never had but little to say to persons in that district about their opinions upon the slavery question. I think Baker got some free-State votes. I do not know how many votes Baker got at that election, but I think it was a small number. I think the free-State men of the district were there, at that election, and voted. I saw no interference and heard no complaint by freeState men of interference by any one to prevent them from voting. H. Rep. 200-17*

The election was quiet and peaceable while I was there. I voted there myself without any difficulty. Mr. McGee was a resident of that district at that time, and he went out there when I first did in 1854. He had a claim there and improvements upon it. I worked a good deal for McGee, who had a saw-mill there. He had a house there, and lived in it. I think that in the Council City neighborhood I was acquainted with some sixty or seventy men who had claims there, and buildings, and lived there at the time of the election. There was quite an emigration coming in there every day. A great many made claims and settled there that I knew nothing of until afterwards. The two creeks, Switzer and Dragoon, where the Santa Fé road crosses them, are about four miles apart, and the settlements on those two creeks comprised nearly all the settlers in the district, of whom I knew some sixty or seventy. There were considerable many came in during the month of March and settled around there who were strangers to me. I suppose some few persons from the district went into Missouri to spend the winter. I came back at different times, but I do not recollect of any one who did so between the 1st and 30th of March. Free-State men were coming in during the spring into the district, and considerable many of them in the month of March. Some of them did not stay but a short time after the election; I speak of men who came with the American Settlement Company, and had been sent by the Emigrant Aid Society. I had frequent conversations with those men. They did not speak particularly of what they came for, but of the way they were brought there, and expressed themselves very much dissatisfied with the men who had induced them to come. They said they were humbugged by men who had come on here before and had gone back and stated to them that they had picked out a place for a settlement and laid off a town, and that by buying stock they could come on and go to improving; that there was work to be had for mechanics, who were needed, and thus men were induced to come on with their tools, &c., and found that the representations to them were all false. There was one box of guns there, but what it was brought for I cannot say. The box was brought to Council City; they were revolving rifles, five or six shooters. The agent of this American Settlement Company, named Smith, took possession of these guns.

This American Settlement Company was composed of men from Pennsylvania, New York, and the New England States. They were free-State men. I think those guns are in Smith's possession yet; or, at all events, he had some last week, when a man got two of him. I do not know whether he has any left now or not. I think, at the time of the election of the 30th of March, there were perhaps thirty of these American Settlement people there. Three left shortly after the election. Those are all I know of leaving there. There are persons coming in and going out of the district belonging to this same company. Of the original thirty, I think all are there now except the three who left after the election, and some who are down here in the State now.

WESTPORT, Mo., June 5, 1856.

C. A. LINKENAUGER.

To Mr. King:

ANDREW JOHNSON called and sworn.

I was one of the judges of the 30th March, 1855, election in the seventh district in Kansas Territory. The polls were held at the house of Mr. B. Titus, in Council City, at the place designated by Governor Reeder, in his proclamation. I was appointed a judge in place of Mr. John Freel, declining to serve because he could not sign his name. He was one of the judges appointed by the governor. Mr. Freel was considered a free-State man, though he voted for Mr. McGee. I refused to serve at first; but he, and the whole crowd, insisted that I should serve. I heard no design or wish expressed that I should be appointed so that all could vote who offered to vote. There was some talk there about the voting, and I told them if I undertook to be one of the judges there sould be no illegal voting on either side, or I would not serve at all. I never saw the protest that was sent in in regard to our election, though I understood that one was sent in. Eli Snider, appointed by the governor, served as judge. Mr. Chidington served in place of one originally appointed, but who did not appear. Mr. Chidington and myself were appointed according to the instructions of the governor, by the people present. I am not able to tell where Mr. Chidington lived, though he told me he had a claim near "110," and we considered him a resident of the district. I had lived in the district, at work on my claim, some two months prior to the election, and considered myself entitled to vote there, and did not consider that I had a right to vote anywhere else. No one disputed my right to vote there that I ever heard of. I told Governor Reeder, when I made my returns, how I came to be put in as one of the judges, and he said it was all right. There were Missourians there that day. I think likely I saw wagons and men there. I know that some four or five of the wagons had men who were taking their stock up to their claims, and stopped there at the election. One man had his family along with him. We swore one another in as judges, as there was no magistrate there. A number of persons offering to vote were challenged, and they were sworn. Right smart of them would not swear, and we would not take their votes, unless we knew ourselves or were satisfied persons were legal voters as they presented themselves. Some one of us administered the oath to those who would take it. I do not know of any free-State man who offered to vote and his vote was rejected. Mr. Smith, the leading man among the free-State men, said, in the evening, when the voting was dull, that he never knew an election that passed off so peaceably and harmlessly as that did; though he said he was afraid in the morning the excitement would terminate rather badly. I requested him to bring up all his friends and neighbors who wanted to vote, and have them vote. I know but little about the correctness of the census that was taken, for I paid but little attention to it, as I was busy about my claim. I am satisfied there were many there who were not included in the census, and I understood from my neighbors that the census taker did not go round much, but just kept the road.