3d question. Are you a practical operative farmer? Answer. Yes. 4th question. Have you not been engaged a portion of the time in practicing law with George Richardson, in the city of Omaha? Answer. I was for a while. 5th question. Is not your profession more that of a politician than a farmer? Answer. No; and I never was constable of Wyoming,23 either, as the counsel for the sitting member has been. 6th question. Were you not engaged during the last autumn in canvassing this Territory for Mr. Daily? Answer. I was. 7th question. Is that a part of the occupation of a farmer? Answer. The gentleman can answer that question for himself. 8th question. How many speeches did you make in the last campaign for Mr. Daily, according to the best of your recollection? Answer. I do not recollect; I made a number. 9th question. You state in your answer to the first question that you are a farmer and reside in Omaha city; are you engaged in practical farming in Omaha city? Answer. No. 1st question. In your march through
Cuming county, did you pass through the settlement you named
West Point? |
(Objected to by the counsel for Mr. Estabrook, on the ground that you cannot prove legislative acts by parole evidence.) Answer. It has been the practice. 5th question. Have there been many such instances? (Objected to by counsel for Mr. Estabrook, for the reason above given.) Answer. There have been, I think, of every session of the legislature. I recollect one session there were seven or eight counties thus laid off uninhabited." 6th question. You spoke of having commanded the expedition against the Pawnees. What military commission do you hold in the Territory? Answer. That of major general. 7th question. Is there any direct line of travel westward from the Missouri river through Izard county? Answer. There is not. Eliphus H. Rogers, of lawful age, being
first duly sworn according to law, makes the following
answers to the questions proposed, to wit: |
6th question. State whether that memorandum shows who were the officers of the election, and at what point the election was held in Calhoun county. (Objected to by counsel for Mr. Estabrook on the same grounds as to the last preceding question.) Answer. It does. It states that the election was held at the house of James L. Smith, in Calhoun precinct, Calhoun county; that William P. Glover, Mather F. Brown, and Eldred Scott were judges of said election, and Ralph Hawley and J. Ross were clerks. My recollection is that several of the christian names on my memorandum are contractions of the names on the record. 7th question. How far do you reside from Calhoun county? Answer. About a mile and a half or two miles from the north line of the county. 8th question. State whether you are acquainted in Calhoun county, and whether or not you have recently been through the county? Answer. I am not personally acquainted with any persons at present residing in that county. I have seen several persons who did reside there recently; as after I left Columbus, to which I before alluded, I went directly to Calhoun county, pawed through the northern and eastern portions of that county. 9th question. For what purpose did you visit Calhoun county, and what was the result of your examination? Answer. I went there for the purpose of ascertaining how many voters there were in the county, if any, and whether any election was held there on the 11th day of October last. I found two voters in the northwest corner of the county, but they knew of no election having been held there. I also found in the southeast portion of said county a few houses, and in conversation with a gentleman who owned one of them, he stated that he had resided there for some time; that he had never heard of an election being held in Calhoun county; that he knew of no voters in said county except the two to which I have before alluded, and five, including himself who resided in that immediate vicinity. (Objections by counsel for Mr. Estabrook . . . ) 10th question. State whether, from your examination, you were able to find where Calhoun precinct was located, |
or to procure any evidence whether any election was held there or at any other point in the county. Answer. I could not hear of any precinct organizations having ever been made in Calhoun county, or of any election having ever been held there, although I inquired of all persons with whom I came in contact while passing to, through, or from said county. 12th question. You state you made an effort to ascertain the facts inquired of in the last question. Now state the nature and extent of that effort. Answer. I crossed the Platte river at what is known as Shinn's ferry; proceeded down the old Indian trail towards Calhoun county; found the two voters before alluded to about noon; travelled until night without finding any settlements. At night I came to a place of a former settlement, called Powhoco, and remained there during the night in a deserted house." There were several small houses about there without roof, floor, windows, or doors. Soon after daylight next morning I started again, and travelled till about three o'clock before finding any settlers or evidences of settlement, at which time I found the gentleman to whom I before alluded, with whom I spent an hour or two in conversation with reference to the settlement which had been made at Powhoco and abandoned, and with reference to the number of people in Calhoun county, about the last election. 19th question. From your examination in Calhoun county, would you have been likely to find the voters and officers that purported to have acted and voted at the election at the Calhoun precinct if they had resided in that county? Answer. I think I should. 20th question. Do you then design to be understood that as the result of inquiries you saw three persons and heard from them of four others only residing in the county? (Objected to by counsel for Mr. Estabrook, as being leading.) Answer. I perhaps committed an error of speech in saying that I found the two voters in the northwestern part of Calhoun county, for they were both absent from home at the time I was there, but the wife and children of one |
and the wife of the other were at their homes, and I saw no other person except the one I have mentioned residing there.26 21st question. State in what part of the Territory Izard county is located. Answer. I suppose it to he located west of Cuming county, north of Platte, and adjoining those two counties. 18th question. You stated in your
examination in chief that in passing through said county you
followed an Indian trail; state now where you first struck
the county line? James B. Coit, of lawful age, being first duly sworn according to law, makes the following answers to the questions proposed, to wit: 1st question. What is your age, occupation, and place of residence? Answer. Age twenty-three years; lawyer by profession; residence Omaha, Douglas county, Nebraska Territory. 2d question. State whether you have ever been in Niobrarah, in L'eau Qui Court27 [county] in this Territory. Answer. I have. 2d question. State at what time you were there, at whose instance, and for what purpose you were there. Answer. On Tuesday, the twenty-second of last November; on Wednesday, the twenty-third, and during the early morning of Thursday, the twenty-fourth day of the same month. I was there at the request of Samuel G. Daily, of Nemaha county, Nebraska, the contestant in this case, to |
obtain, if possible, a copy of the poll-books of an election held in that precinct on the eleventh day of last October, and to obtain such other information as I could respecting said election. 3d question. Who went there with you? Answer. I went alone from Omaha city to Dakota city, and was accompanied from there to Niobrarah by William H. James, 28 of Dakota city. 4th question. At what place in Niobrarah did you and Mr. James stop after your arrival there? Answer. I believe we first stopped for a few moments at the tavern. 5th question. To what place did you go on leaving the tavern? Answer. We went to a small one-story frame building designated there as "the store." 6th question. You will please describe briefly that building, and for what purpose it was occupied, and what induced you to go there. Answer. The building was a one-story frame building, divided into two rooms by a thin canvas partition. The room we first entered, fronting on the road, was occupied by a Mr. Westermond as an Indian trading store; the back room was used as a cooking and sleeping room, and contained the post office, the probate judge's office, and the county clerk's office. Robert M. Hagaman being the county clerk and the postmaster, and having a letter of introduction to Mr. Hagaman, went there to deliver it and to obtain from him, as the county clerk, a certified copy of the poll books of that precinct election. The two rooms I have just referred to are about the same size, each being about thirteen feet square. 7th question. State what occurred at your first interview with Mr. Hagaman? Answer. We found Mr. Hagaman there; I returned to the tavern; Mr. James presented the letter of introduction to Mr. Hagaman, and Mr. James and Mr. Hagaman walked to the tavern in consultation upon the object of our visit. This was early in the morning. After conversing a few moments at the tavern Mr. Hagaman, Mr. James, and myself returned to the store, and Mr. Hagaman agreed to furnish us with a copy of the poll-books of the Niobrarah precinct election. We obtained a copy of the poll-books from Mr. Hagaman which he certified to as correct. |
8th question. What was your purpose after obtaining the certified copy of the poll-books? Answer. We wanted to look about the place a little, make some personal inquiries, and return home. 9th question. Why, then, as you before stated, did you and Mr. James remain so long at Niobrarah? Answer. While looking about the place, as stated in my last answer, while out of sight of our horse and buggy, which was hitched behind the office of one Major Gregory, Indian agent, our horse was removed from our buggy and secreted without our knowledge, and we were unable to find it. Not being able to find our horse that day, we were obliged to remain at the tavern over night. The next morning we resumed the search for our horse, and discovered that two wheels of our buggy had been removed. We spent the day in searching for the wheels and horse, endeavoring to get possession of them that we might return home, but without success. We had thus far been detained two days and one night. On the evening of the second day, at an early hour, several persons came to the tavern, of whom I remember one called Frank West and one called John H. Starr; they (West and Starr) asked Mr. James to aft the copy of the poll-books, which they understood we had in our possession, stating, as a reason, that they were informed their names were on the list as having voted at the election, and that as they did not vote they would like to see if it was so. We thereupon produced the list, and they endeavored to snatch the same while I was reading the names, in which they did not succeed. After some boisterous conduct towards us, they left the tavern and went towards the store, threatening before they left that they would have the copy of the poll-lists which we had. Mr. James and myself, immediately after they left, held a consultation as to what we had better do under the circumstances, and it was concluded that one of us had better escape from the place immediately with our copy of the poll-books, while the other should remain at the tavern to look after our horse and buggy wheels which had been secreted. Mr. James accordingly left with the copy of the poll-books, with the design of going to a farm house of Mr. D. B. Dodson, where we had spent the night previous to our going into Niobrarah, and I remained at the tavern. 10th question. State what occurred at Niobrarah after the departure of Mr. James. |
Answer. I retired and went to bed very soon after Mr. James had left. I had been in bed over an hour, when I was aroused by noises outside of the tavern by persons demanding entrance into the tavern. They gained admittance, and were soon at my chamber door, calling for me to open the door and let them in, stating, in answer to my inquiry what they wanted, that they desired instant admission, and unless I opened the door they would burst it open. I told them that if they were after my copy of the poll-lists that I had not got it, that I would let them in as soon as I was dressed, which I did. They examined my clothing and the bed-clothing, and they, the sheriff of the county, whose name I do not at present remember, and the Hon. Judge James Tuffts,29 sitting democratic member of the legislature of Nebraska, requested me to go with them, and the other persons who were with them, about a dozen in number, and around, followed after us through the tavern, down stairs and out of doors. A few steps from the tavern the sheriff, who appeared to be spokesman for the gang, desired me to give them up immediately the copy of tile poll-lists. I told them I had not got it, and that if I had, as I became legally possessed of it, I would not give it to them. The sheriff stated that they had come after it and would have it, peaceably if they could, forcibly if necessary; that the citizens of Niobrarah were all equally implicated in the fraud that had been committed there, and that the copy of the poll-books which we had they regarded as proof of such fraud, and since they had proceeded so far they might as well go a little further, and prevent the record from leaving that county, and they would do. This declaration was made in the presence and hearing of James Tuffts, and he did not dissent. (To this part of the answer the counsel for Mr. Estabrook objected on the ground that it is hearsay and irrelevant.) The gang, appearing satisfied that I had not the poll-lists, started in the direction of Mr. Dodson's, exclaiming "James has them!" "James has them!" About three hours afterward the gang came back to the tavern and to my chamber, and informed me that they had found James and had got the poll-books, and the county was safe. (To this part of the evidence the counsel for Mr. Estabrook also objected on the same ground as above stated.) |
The next morning I found the wheels replaced on my buggy, and was told where to find my horse, and I immediately started for Mr. Dodson's. 11th question. State whether, before leaving for Dodson's, you had another interview with the county clerk relating to the procurement of another copy of the poll-books; and if so, what was the result of that interview? Answer. I had. He informed me they had been stolen, and he could get no clue to their whereabouts. (Objected to by counsel for Mr. Estabrook on the ground that it is hearsay and not the best evidence.) 12th question. State whether, in that conversation, you asked or demanded another copy of those poll-books. Answer. I did, and he replied as before stated. (Objected to by counsel for Mr. Estabrook, on the ground as above stated.) 13th question. State the number of votes polled in that precinct, as appears by the poll-books of that election, and for whom they appear to have been given as delegate to Congress. (Objected to by counsel for Mr. Estabrook . .. .) Answer. One hundred and twenty-one votes, all for Experience Estabrook. 14th question. Now state what you saw peculiar, if anything, in the appearance of the names on the poll-books. (Objected to by counsel for Mr. Estabrook . . . ) Answer. I noticed upon said poll list, in consecutive order, some six or more Smiths, and I think ten names of McRea in consecutive order; also, I remember the names Howell Cobb and Aaron V. Brown;30 also the name of N. Fitzgerald, whom I know to be a resident of Council Bluffs, Iowa; the name of Dodson, whose first name I do not remember, who is a minor, and did not vote; also the name of William Brigham, who was at Sioux city, Iowa, at the time of the election. 15th question. State what kind of a place this Niobrarah appeared to be. Answer. It appeared to be scarcely more than an Indian trading post. It contained a tavern, two or three vacant frame buildings, one of which was called Major Gregory's store-house, Major Gregory's office, the store which I have described, about four log-houses, one of them called the "dance house," and a building that appeared 16 |
to be a broken down mill, and a blacksmith's shop near by. On the bluffs back of the place there was a building, and one just under the bluffs, which I understood were occupied by one West and one Starr. I do not remember anything else. 16th question. State what appeared to be the condition of the country in the neighborhood of Niobrarah. Answer. Four miles this side of Niobrarah there is a very comfortable farm-house, with out-houses, fencing, and other improvements, occupied by Mr. D. B. Dodson and family, of whom I have before spoken. Between that and the town of Niobrarah I do not remember any other improvements or inhabitants. Between Frankfort, which is the last place this side of Niobrarah on my way up, and Niobrarah, I passed only one dwelling house, occupied by a person named G. Collins. Back of Niobrarah, except in the valley of the Running Water, I saw no country that appeared suitable for agricultural purposes. Up the Running Water valley, about four miles, there was a vacant cabin. 17th question. State about what distance it is from Frankfort to Niobrarah? Answer. I have no memorandum showing the distance, but it is a good day's ride with a horse and buggy; say about thirty-five miles. 18th question. State in what part of the county Niobrarah is situated? Answer. The buildings of the town are situated about two miles this side of where the Running Water empties into the Missouri river, and from a quarter to a half a mile from the Missouri river. 19th question. State in what part of the county Frankfort is situated? Answer. I believe the Missouri runs nearly east and west there. St. Helena, Cedar county, I think, is the last settlement going up the road to Niobrarah before you get to Frankfort [and] Zepeota. I think Frankfort is in the east portion of the county. 3d question. Will you briefly describe
Frankfort and Zepeota, and their relative situations? |
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