number of legal voters in the precinct is variously estimated by the witnesses at from 60 to 120. Under a late law of the territorial legislature, a census of that precinct was taken about the 21st of January, 1858, by Charles Mayo, who testifies that there are but 115 white male inhabitants over twenty-one years of age in the precinct, including all who were absent and were said to claim residence there.

The board are fully satisfied, from the evidence before them, that from 650 to 700 of the votes returned were illegally cast by residents of Missouri, or were forged on the list with the knowledge of the officers of the election.

At the election at this precinct on the 4th of January, 1858, Peter Behn, A. Byrum, and O. J. McFarland were judges, and Charles Godfrey and J. E. Harwood the clerks. Harwood lives in Westport, Missouri. The returns show 936 votes; 889 for the "democratic' and 47 for the free State ticket.

The number of men in the town on that day is estimated variously at from 50 to 175. The number of ballots cast is estimated by D. W. Brown, who stood by the polls all day, at 125. Charles Mayo, who took the census of the precinct, as above stated, testifies that there are but 58 names on this poll-list which appear on the census list.

McFarland, one of the judges of the election, recognizes only fortythree names out of the 936, three of these residents of Missouri and seven Shawnee Indians. Only four of the names recognised occur after the name of F. E. Bayley, which is the 143d name. McFarland and Godfrey state that Bailey voted late in the day. Brown states that Bailey was the last man that voted.

The names were written on separate sheets of paper, two columns being on each sheet. When the polls closed the judges and clerks signed their names at the bottom of a blank sheet of paper, and gave the ballot-box and the sheets containing the list of names to J. H. Danforth, of Westport, Missouri, who, McFarland states, "took them to Westport to count them." None of the judges or clerks went with Danforth. He was in a buggy with two other persons, of names unknown to the witness. Harwood left at the same time on horseback, and asked Godfrey to come to Westport next day and "help count up

the votes."

Godfrey testifies that he went to Westport next day about ten or the election at Shawnee the day before, writing names on a poll-list eleven o'clock and found Harwood, who had been clerk with him of a room over Colonel Boone's store.

in

Godfrey commenced recording names on another list on which there were names already written, Harwood calling off to him from his list "for me to catch up." After he caught up with Harwood, they looked over the original poll- ist of the election of 21st December at Shawnee, copied names on their respective lists from that. Alexander S. Johnson, who had been a judge of election at Shawnee on the 21st December, soon came in, and called off names from that list, and Harwood and Godfrey copied as he called. Godfrey remained about an hour and copied 200 to 300 left Harwood at work recording names. names. J. H. Danforth was in the room part of the time. Godfrey stairs, who inquired how many names he had written. He was not

He met Peter Behn down

certain that these lists were for the Shawnee precinct; but understood they were for the Kansas election. Godfrey's list appears to have been a copy of Harwood's. The schedule of the constitution requires that two poll-lists shall be made at each precinct, one to be kept by the judges for public inspection, and the other to be forwarded to John Calhoun, the president of the convention. It appears clear that these two lists were manufactured for the election of the 4th January at Shawnee precinct, and that Harwood's list was sent to Mr. Calhoun. Additional evidence of this is found in the fact that the poll-list of that election which was sent to Mr. Calhoun was shown by the board to McFarland, who states that all the names are in Harwood's handwriting; and Harwood told him, (McFarland.) after the polls closed, that he would put him on the list, and his name actually appears about the close of the list, although he did not vote at at all.

The poll-list when taken from Shawnee by J. H. Danforth covered about three or four separate pages of paper. As returned to Calhoun they covered fifteen pages.

The board state that of the 936 votes returned as having been polled at Shawnee on the 4th of January, 1858, for officers under the Lecompton constitution, not more than 115 are legal; that not more than 143 votes, legal and illegal, were actually polled, and that 793 names were forged on the poll-lists by Charles C. Godfroy and J. E. Harwood, clerks of that election; Peter Behn, a judge of that election, Alexander S. Johnson, a judge of the election at that precinct, on the 21st December, and J. H. Danforth, of Westport, conniving at the crime.

OXFORD PRECINCT-Johnson County.

This precinct borders on the Missouri line. The town of Oxford at which the election was held numbers ten or twelve houses, and is separated from Little Santa Fé, in Missouri, only by the Santa Fé road. The vote of this precinct on the 21st of December for the constitution, as returned to John Calhoun, is 1,266 for the constitution with slavery; 2 for it without slavery.

C. Mayo, who took a census of this precinct in January, 1858, in pursuance of an act of the legislature, testifies that there are only 47 white male inhabitants over the age of 21 in the precinct. Walker estimates the voters at 29; Upham at 36; and Dennis, the United States marshal of Kansas, states that there cannot be over 70. Cox, a candidate on what was known as the "democratic ticket" for the legislature, under the Lecompton constitution, who canvassed the county before the election of the 4th of January, examined this polllist of the 21st December and recognized only four of the names upon it. He estimates the whole number of voters in all Johnson county at 500.

The judges of this election were James H. Newman, C. C. Catron, and John T. Ector; the last two boarded in Missouri. The board have been unable to reach either of these men in Kansas with its process.

That arrangements were made for a considerable importation of

voters from Missouri at this election is shown by the affidavit of Pomeroy. The board have been unable to ascertain any thing as to the persons who actually voted at Oxford on that day; but it is well established by the testimony that more than 1,200 of the votes returned were illegally cast, or were forged on the poll-lists.

The returns of the election at this precinct on the 4th of January for officers under the constitution show a vote of 738, all for the ticket headed "democratic." The judges were the same with those on the 21st of December.

The evidence shows that Catron, on opening the polls, invited all present, "no matter where they were from," to come up and vote; that the judges got drunk early; threatened challengers; decided that the possession of a claim in the precinct entitled a man to vote without regard to his place of residence; swore no man who was challenged; and told Walker "that it was useless to challenge any one, as they knew whether they were voters or not." A few free State men were present, but did not vote.

The witnesses concur in stating that nearly all the voters appeared to live in Missouri. Marshal Dennis states that four-fifths came up or down the Santa Fé road, which runs along the Missouri line; that a great part rode to the polls, voted, and left, without getting off their horses, and went away in the direction of Westport, Missouri. Walker, Upham, and Dare, testify to the same general effect. Dennis, at about the close of the polls, stepped to the window and asked the clerk to count the pages of names and estimate the votes. While the clerk was counting them, a judge stepped between him and Dennis, apparently to prevent the latter observing the number of pages. The clerk stated the number of names to be about 800. Dennis says he had before observed that there were but six pages of names; and that, counting the average number of names to a page on the poll-list returned to Calhoun, and shown him by the board, the number of names on the six pages was not over 270. He was about the polls all day, and is satisfied that not more than 250 men voted at the polls. Charles Mayo testifies that he has carefully compared the poll-lists of the Oxford precinct for the election of the 21st of December, containing 1,266 names, with that of the 4th of January, containing 738 names, and finds that there are but 227 names common to both lists. If all the names on the lists were those of legal voters, this would prove that there were 1,777 voters living in that precinct.

Of the 738 votes returned for officers under the constitution, on the 4th of January, at Oxford, at least 696 were illegally received, or were forged on the poll-lists and fraudulently returned.

DELAWARE AGENCY PRECINCT-Leavenworth County.

The elections are

This precinct is in the Delaware Indian reserve. held at the crossing of the Kansas river by the Leavenworth and Westport road. The precinct is commonly known as "Delaware Crossing."

There were no polls opened at this precinct on the 21st of December, 1857.

On the 4th of January, 1858, polls were opened here for an election for officers under the Lecompton constitution. James C. Grinter, Isaac Munday, and Theodore F. Garrett were the judges, and James Findlay, of Westport, and William Wilson, the clerks. Forty-three votes were polled. The ballots were not counted, but were said by Garrett to be all democratic. The names of the voters were written on three pages of cap paper, fastened together with red wafers, with the heading of a return before the list of names on the first page, and a certificate stating that all the votes were democratic at the bottom of the last page, signed by all the judges and clerks. The polls closed about sunset, and the officers of the election put this certified list into the ballot-box with the ballots. The lid of the box (which had been used as a money-box at the agency) was fastened on with screws.

On the night before the election, (Sunday, January 3d,) a number of persons were at the room of John Calhoun, No. 27 Planters' House, in Leavenworth city, and arranged to send John D. Henderson that night, to Shawnee precinct and to Delaware Agency, "to attend the election and stir up the voters." The persons present were J. Calhoun, president of the convention; F. J. Marshall, candidate for governor; J. P. Carr, candidate for Congress; B. J. Franklin, candidate for State senate; Robert Miller, Indian agent; Col. Clarkson, postmaster of Leavenworth; J. D. Henderson, special mail agent; A. J. Isaacs, L. S. Bolling, Oliver Diefendorf, (Mr. Calhoun's brotherin-law, and a commissioner of the election for Leavenworth county,) and a M. Martin, of Washington, D. C.

Mr. Calhoun had been at Leavenworth City since before the election of the 21st of December. These persons were in the habit of meeting frequently in his room, No. 27, and discussing political matters. F. J. Marshall had returned from Jefferson City, where he had been assured by several of the sheriffs there from counties bordering on Kansas, in presence of Governor Stewart, and with his approbation, that they would see that enough of their "boys" would go over and vote for him to insure his election.

On that evening, at Mr. Calhoun's room, a letter was written to send by Henderson, signed by Calhoun and several others present, addressed to J. H. Danforth and others at Shawnee, urging them to get out as large a democratic vote as possible, at Delaware Agency. There were other matters in the letter, but witnesses could not recollect them. The importance of getting a large democratic majority there was discussed, and it was admitted that Leavenworth county would be close. It was stated (and, as witness thought, in presence of Calhoun,) that Danforth could probably bring over from Johnson county one hundred men to vote for officers at Delaware Crossing, in Leavenworth county.

Henderson started Sunday night, and reached Shawnee at four o'clock a. m. He remained there during the day. It does not appear whether he saw Danforth or not. Danforth was there, and carried the Shawnee returns to Westport, where they were forged, as has been above stated. Henderson, while there, inquired for a man to carry a letter to Oxford, and next day Danforth was expecting the Oxford poll-book at Westport.

The board are of the opinion, from the evidence, that an understanding was had between Danforth and Henderson, by which Danforth should see that the Oxford and Shawnee returns were taken to Westport, and enough names forged on them to carry the Territory for the democratic ticket for State officers; while Henderson should secure the Delaware Agency returns, and have enough names forged on them to elect the eleven members of the legislature from Leavenworth county, and thus secure a majority for the Lecompton party in that body.

Henderson reached Delaware Agency about sunset, and offered to carry the returns to Leavenworth. The judges consented to entrust them to him; he waited there until the moon rose, about midnight, and then received them put up in a box, as above stated, and took them to Calhoun's room, at the Planters' House, in Leavenworth City. Mr. Diefendorf saw him lying down in No. 27 next morning, (Wednesday, January 6,) after breakfast. He said he had returned during the night. At ten or eleven o'clock in the morning, Bolling met Henderson on the street and asked the news; Henderson repled, "It's all right,” and asked him not to mention his having been "down there."

On Wednesday evening, Calhoun left for Fort Leavenworth or Weston, and went thence to Lecompton about Saturday, the 9th January. On Wednesday, the 13th, he opened the returns of the 21st December on the constitution, and those of 4th January for officers under it, at Lecompton, in presence of Governor Denver, Mr. Deitzler, and others. Henderson was then under arrest at Lawrence, charged with forging returns from Delaware Crossing. He sent word to Calhoun by Mr. Noteware that morning "not to count the votes of that precinct until he (Henderson) could see Calhoun. Governor Denver states that, after Calhoun had opened the returns, "some one made inquiry for the returns from Delaware Crossing. Calhoun said that all the returns received by him from Leavenworth county were counted, but that those from Delaware Crossing were not there. He did not state whether he had or had not seen them." Deitzler states that Calhoun was asked what the vote of Delaware Agency was, and replied, "they are not here."

The board are satisfied from the testimony that Calhoun had, before leaving Leavenworth on Tuesday evening, seen the returns at his room, No. 27, to which Henderson took them.

Henderson states that he saw Diefendorf on Tuesday, "about noon of the 5th, about an hour after I reached here. I told him there was a box with the returns in room No. 27, at the Planter's House, and he could get them there." And that six days afterwards he asked him if he had sent them to Calhoun, and Diefendorf told him that he had. That he (Henderson) had not seen the returns, nor anything purporting to be the returns from Delaware Crossing since. He saw the judges of election have them at that precinct.

Diefendorf testifies that he saw Henderson lying down in Calhoun's room, after breakfast, Tuesday morning, and that Henderson said he had got back during the night, but did not tell him he had brought the returns. That on Monday following, at about 9 p. m., Henderson