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CONTESTED ELECTIONS IN NEBRASKA

257


settlements or inhabitants in Izard county, you would not be likely to know it?
   Answer. I would be likely to know it if there were any there, I think.
   9th question. State if it is not notorious among the settlers in your part of Cuming county, that the county of Izard is wholly uninhabited?
   (Objected to by counsel for Mr. Estabrook . . .)
   Answer. It is.

Cross-examination.

   14th question. Have you ever been in the southeast part of the county of Izard?
   Answer. No.
   15th question. If there had been inhabitants living in the southeast corner of Izard county on the day of election, how would you have known it?
   Answer. By people travelling backwards and forward, and stopping generally at our place, I would be likely to have found it out.
   16th question. Is there any road leading from your place to the southeast corner of Izard county?
   Answer. There is no travelled road, but people go that way.
   17th question. When they go that way, where do they go to if there are no settlements and no person living there?
   Answer. I have noticed them going on the surveys.
   18th question. Did you see the army that went on the Pawnee expedition?
   Answer. I saw Governor Black and some of the men at Elkhorn city going out.



Cross-examination resumed.

   1st question. What are your politics?
   Answer., Opposition to democrats, and anti-slavery.
   2d question. Who did you vote for at the last election for delegate to Congress?
   Answer. Mr. Daily.


18



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NEBRASKA STATE HISTORICAL SOCIETY


SpacerOMAHA, NEBRASKA TERRITORY, December 5, 1859.
   SIR: In pursuance of the notice heretofore given to you of my intention to contest your election as the delegate of the Territory of Nebraska to the thirty-sixth Congress, I hereby notify you that I intend, on Friday, the 16th instant, at 9 o'clock a. m., before the Hon. George Armstrong, judge of the probate court in and for the county of Douglas, in the said Territory, at his office in the city of Omaha, to commence the examination of the following persons touching my right to a seat in the said Congress as such delegate, namely: John M. Thayer, E. D. Webster, John McConihe, A. S. Paddock, James B. Coit, Charles A. Henry, Andrew Bidwell, residing in Omaha, Douglas county; E. D. [H.] Rogers, Robert Kettle, residing in Fremont, and Henry W. DePuy, residing in Fontenelle, Dodge county; Leander Gerrard, Monroe county; William Artman, West Point, Cuming county; William S. [H.] James, George B. Hinsdale, of Dakota city; John Warner, Logan, John Taft [Taffe], Omidi,43 in Dakota county; Sterrett M. Curran, William H. Russell, Washington county; James Hindman, Butler county; William Stoli [Stolle], Frederick Heddi [Hedde], Grand Island City, Hall county; Stephen E. Wattles, Bellevue, Sarpy county; Benjamin P. Rankin, Samuel W. Black, Nebraska City, Otoe county; John Reek, Francis Beecher, Columbus, Platte county; B. F. Shelly, Samuel Smith, Robert Hagaman, D. B. Dodson, David Benner, William Benner, Niobrarah, L'Eau Qui Court county; D. B. Crocker, Woodriver; and to continue the examination from day to day at the same place and hour until the same is completed.
SpacerSAMUEL G. DAILY,
SpacerBy ALFRED CONKLING,
SpacerHis Attorney.



SpacerOMAHA, NEBRASKA TERRITORY, December 23, 1859.
   SIR: In pursuance of the notice heretofore given you of my intention to contest your election, as the delegate of the Territory of Nebraska, to the 36th Congress, I hereby notify you that I intend, on Tuesday the 3d day of January instant, at 9 o'clock a. m., before the Honorable George Armstrong, Judge of the Probate Court, in and for the county of Douglas in the said Territory, at his office in the



CONTESTED ELECTIONS IN NEBRASKA

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city of Omaha, to commence the examination of the following persons touching my right to a seat in the said Congress as said delegate: R. M. Clarke, Jonathan Wise, John H. Hayes, Plattsmouth, Cass county; George Obest, Washington county; G. B. Stillman, John Talcott, Kearny City; W. H. Fitzgerald,. Council Bluffs, Iowa; J. Sterling Morton, Nebraska City; Magnus Wallenburg, George Reese, Charles O'Henry, -- --- Miller, . . . and to continue the examination from day to day at the same place and hour until the same is completed.
SpacerSAMUEL G. DAILY
SpacerBy ALFRED CONKLING,
SpacerHis Attorney.


A.

SpacerNIOBRARAH, N. T., June 30, 1859.
   DEAR SIR: Your favor came duly to hand. I hope to be able at some future time to merit your expressions of good will and kindness, but I am truly sorry to say that what you ask is entirely out of my power to give--under existing circumstances it is impossible. Since you left I have not been able to gain the least clue as to the whereabouts of those poll-books. They were stolen the first night you were here. I informed Mr. Coit of the fact the next day. It is impossible for me to say or to know what particular one took them. I think several were connected with it. I am strongly suspected of leaguing with you two gentlemen, consequently am not to be trusted at present. I can but regret our past conduct towards you two gentleman [sic] while here. I hope we can make it good next year, and that our next meeting will be under very different auspices.
   I am, sincerely, your obedient servant and friend,
SpacerR. W. HAGAMAN.
Wm. H. James, Esq.


B.

   Having received the returns of the election held on the 11th day of October, instant, I, to-day, the 13th day of October, 1859, in the presence of the following two persons, viz: Wm. A. Hagge and Frederick Hedde, opened the said



260

NEBRASKA STATE HISTORICAL SOCIETY


returns of the election held in the precincts of Hall county, Nebraska Territory, viz: the Grand Island precinct and the Wood River precinct.
   We found the election returns of said Wood River precinct signed by one judge of election only, and by one clerk only, and there was no oath, neither of the judges nor of the clerks of election, certified upon the poll-books of said precinct.
   Therefore, considering the election held on said day in said precinct and the votes cast at said election to be illegal, we, the acting county clerk, and the above named two householders, believed it our duty, not to count as legal votes the votes cast at the said illegal election of the said Wood River precinct; therefore we certify that,
   At an election held in Hall county, in the Territory of Nebraska, on the 11th day of October, 1859, the following named persons received the number of votes annexed to their respective names for the following described offices:

For delegates to Congress.

Votes

Samuel G. Daily

31

Experience Estabrook

3

Territorial commissioner.

John H. Kellom

31

William E. Harvey

3

Territorial treasurer.

James Sweet

31

William W. Wyman

3

Territorial auditor.

Henry W. DePuy

31

Robert O. Jordan

3

Territorial librarian.

Oscar F. Davis

31

Alonzo D. Luce

3

District attorney for the first judicial district.

Phineas W. Hitchcock

31

James G. Chapman

3

   This is to certify that the above is a true abstract of the votes cast in said county at said election for delegate to Congress and for territorial officers.
SpacerTHEODORE F. NAGEL,
SpacerActing county clerk.
FREDERICK HEDDE.
WM. A. HAGGE.



CONTESTED ELECTIONS IN NEBRASKA

261


   I hereby certify that the foregoing is a true and correct copy of the abstract of votes cast in Hall county, Nebraska, as given by the county clerk of said Hall county, now on file in this office.
    In testimony whereof, I have hereunto set my hand and affixed the great seal of the Territory of [L. S.] Nebraska. Done at Omaha (sic.) city this, 29th day of December, A. D. 1859.
SpacerJ. STERLING MORTON,
SpacerSecretary of Nebraska.



C.

 

   Abstract of the votes cast in the counties of Platte, Greene, Butler, and Calhoun, at the territorial decision [election] in Nebraska Territory, held on the 2d Tuesday in October, being the eleventh day of October, A. D. 1859.

Shell Creek precinct.

Estabrook

36

Daily

7


Centre precinct.

Estabrook

6

Daily

6


Buchanan precinct.

Estabrook

13

Daily

6


Shell Creek precinct.

Estabrook

13

Daily

0


Butler county.

Daily

11

Estabrook

5

SpacerCalhoun county.
Experience Estabrook received 28 votes for delegate to Congress.
Samuel G. Daily received four votes for delegate to Congress
William W. Wyman received 30 votes for territorial treasurer.
Robt C. Jordan received 30 votes for territorial auditor.
Alonzo D. Luce received 30 votes for territorial librarian.
William E. Harvey received 30 votes for territorial commissioner of common schools.


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NEBRASKA STATE HISTORICAL SOCIETY


SpacerCOLUMBUS, PLATTE COUNTY, N. T., October 14, 1859.
   We hereby certify the above to be a true abstract of the returns given from the several precincts in the district composed of the counties of Platte, Greene, Butler, and Calhoun.
SpacerC. B. STILLMAN,
SpacerActing County Clerk.
LORIN MILLER,
JACOB LEWIS, Householders.


D.

   I, John S. Willis, clerk of the county of Izard, Nebraska Territory, and we, John G. Valentine and Franklin Holt, disinterested [free] holders thereof, chosen by him, do hereby certify that the following is a correct abstract of the vote cast for delegate in Congress and territorial officers in the several precincts of the county, aforesaid, at the general election held on the 11th day of October, A. D. 1859:

Icon

   For delegate, Experience Estabrook received 21 votes, S. G. Daily received three votes; for territorial auditor, Robert C. Jordan received 20 votes, H. W. DePuy received three votes; for territorial treasurer, William W. Wyman received 19 votes, James Sweet received three votes; for librarian, A. D. Luce received 20 votes, O. F. Davis received three votes; for superintendent of public schools, W. E. Harvey received 20 votes, J. H. Kellam [Kellom] received three votes.
SpacerJOHN S. WILLIS, [L. S.]
SpacerCounty Clerk of Izard County.
Attest:
   JOHN G. VALENTINE,
   FRANKLIN HOLT.



CONTESTED ELECTIONS IN NEBRASKA

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E.

   At an election held in the town-house of Nebraska Center, in the precinct of Nebraska Center, county of Buffalo, and Territory of Nebraska, on Tuesday, the 11th day of October, 1859, the following named persons received the number of votes annexed to their respective names for the following described offices:
   Experience Estabrook had 38 votes for member of Congress.
   William W. Wyman had 38 votes for territorial treasurer.
   Robert C. Jordan had 38 votes for auditor.
   Alonzo D. Luce had 38 votes for librarian.
   William C. Harv[e]y had 38 votes for commissioner of common schools.
   James G. Chapman had 37 votes for district attorney for first judicial district.
   Richard C. Barnard had 38 votes for member of the legislature.
SpacerJOHN HAMILTON,
MORRISON M. MILLAR,
CONSTAN B. REYNOLDS,
SpacerJudges of Election.
ROBERT J. JOHNSON,
SAMUEL HOOD,
SpacerClerks of Election.

   I do hereby certify that this is a true copy of the poll-books for the precinct of Nebraska Center, in Buffalo county. SpacerGEORGE MILLER,
        County Clerk for Buffalo County, Nebraska Territory.

1 Smith Kinsey
2 P. S. Gibbs
3 Harvy Esters
4 J. J. Lester
5 James E. Boyd44
6 Charles Wilson
7 John H. Young
8 George Miller
9 C. H. Swits
10 M. Tory
11 William Mixlow
12 John Hamilton
13 R. S. Johnson
14 Morrison McMillen
15 Samuel Hood,
16 S. R. Brown
17 Anan Henry
18 Henry Wilson
19 John Haphil
20 James Tierney
21 Carby Gooderman
22 James Mernane
23 Alexander Givyneny
24 John W. Britt



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NEBRASKA STATE HISTORICAL SOCIETY


25 Peter Kinney
26 Milo Tourend
27 David Narcy
28 Jeremiah Cox
29 J. C. Dorman
30 John Lux
31 T. Brown
32 B. Norman
33 Gustavus Stout
34 W. L. Brinton
35 T. J. Dorian
36 David Anderson
37 John Davis
38 B. F. Brown


F.

   At an election held at the house of J. H. Johnson, in the precinct of Centralia, and county of Buffalo, and Territory of Nebraska, on Tuesday, October 11, A. D. 1859, the following named persons received the number of votes annexed to their respective names for the following described offices:
   Experience Estabrook, 16 votes for member of Congress.
   William W. Wyman, 16 votes for territorial treasurer.
   Robert C. Jordan, 16 votes for auditor.
   Alonzo D. Luce, 16 votes for librarian.
   William E. Harv[e]y, 16 votes for commissioner of common schools.
   James G. Chapman, 16 votes for district attorney for first judicial district.
   Richard O. Barnard, 16 votes for member of legislature.
SpacerJOEL W. JOHNSON,
THOMAS PAGE,
JOHN EAMES,
SpacerJudges of election.
J. W. WILSON,
JOHN THORP,
SpacerClerks of election.

1 Henry Peck
2 Thomas Page
3 John Ames
4 J. H. Johnson
5 J. B. Lewis
6 John Thorp
7 J. W. Wilson
8 Henry Sharp
9 John B. McCallister
10 James McCallister
11 George Gurney
12 John Cramer
13 Andrew Berry
14 Oliver M. Anderson
15 Joseph Houff
16 Patrick Carroll.

   I do hereby certify that this is a true copy of the pollbooks for the precinct of Centralia, in Buffalo county.
SpacerGEO. MILLER,
        County clerk for Buffalo county, Nebraska Territory.



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G.

   At an election held in the town-house in Kearny city, in the Kearny city precinct of the county of Buffalo, and Territory of Nebraska, on the 11th day of October, A. D. 1859, the following named persons received the number Of votes annexed to their respective names for the following described offices:
   Experience Estabrook had 238 votes for member of Congress.
   William W. Wyman had 238 votes for territorial treasurer. Robert C. Jordan had 238 votes for territorial auditor.
   Alonzo D. Luce had 238 votes for territorial librarian.
   William E. Harvey had 238 votes for commissioner of common schools.
   James G. Chapman had 189 votes for district attorney of the first judicial district.
   Richard C. Barnard had 179 votes for member of the legislature.
SpacerJOHN TALBOT,
GEORGE REEVES,
GEORGE HAMMOND,
SpacerJudges of election.
W. L. LEARNORD,
J. CHARLES W. BURK,
Clerks of election.

   I do hereby certify that, this is a true copy of the Poll-books for the precinct of Kearny city precinct, in the county of Buffalo. SpacerGEORGE MILLER,
          County Clerk of Buffalo county, N. T.

Poll-books of an election held in the Kearny city precinct, on
Tuesday, October 11, A. D. 1859.


1 Charles A. Henry
2 George W. Reeves
3 George Hamond
4 Charles W. Burk
5 William M. Leanord
6 Claudius McGibbin
7 John Talbot
8 Sterrit M. Curran
9 Charles Miers
10 Frank Barret
11 A. Wilson
12 David Hammond
13 John Dillenner
14 Louis Clermont
15 A. J. Tinker
16 John A. Morrow
17 Joseph Johnson
18 Hugh Morgon
19 M. F. Nicholls
20 George Obert
21 Joseph Duboys
22 John Misconare



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NEBRASKA STATE HISTORICAL SOCIETY


23 James Elliott
24 William D. Thomas
25 L. B. Jenks
26 James L. Long
27 Charles A. Connelly
28 J. L. Ensley
29 William H. Harford
30 Charles Wilson
31 Matthew Dougherty
32 Patrick McLancy
33 John Butler
34 William Butler
35 Thomas Wright
36 Charles Yates
37 Anthony Oulst
38 Ernest Kebeck
39 Wm. H. Hatly
40 Robert Johnson
41 John Ellis
42 A. J. Thompson
43 John Eby
44 Patrick Mullally
45 Joel Bacon
46 John S. Rohrer
47 Sharp Grooer
48 Artus Stephenson
49 Charles Provo
50 Edward Lane
51 Charles Miller
52 James McKinley
53 George Barton
54 James Ford
55 Charles Burket
66 David Johnson
57 Samuel Redman
58 Nicholas Henry
59 John Buell
60 William Buchanan
61 Samuel Black
62 James Trobridge
63 Franklin Rush
64 Thomas Tutt
65 William Qugsh
66 James Walle
67 Hugh Mackey
68 William Harrison
69 John Jackson
70 James McLaughlin
71 John T. Herd
72 William S. Johnson
73 Thomas Connell
74 William H. Cole
75 Hugh McLane
76 Ley McLane
77 Edward McGarvin
78 M. Moreland
79 Daniel Hacerty
80 Edward Fitzgerald
81 Richard Ganson
82 John Hancock
83 Peter Kelly
84 C. Simpson
85 A. J. Knight
86 Samuel Armstrong
87 George F. Hammond
88 Alex McKinley
89 Oliver Lindsley
90 Norton McGriffin
91 R. M. Lovejoy
92 Jonathan Martin
93 Henry G. Selmon
94 Hiram Judge
95 Robert Rocket
96 Charles Hersey
97 William Burke
98 Wilson Fleming
99 Robert Strain
100 Thomas Logan
101 John Beard
102 George H. Atkins
103 David Atcheson
104 William Smith
105 Samuel Haylette
106 Robert Haylette
107 Stewart Newell
108 William Wilkins
109 Robert Arnold
110 John Wilson
111 John Brobst
112 Joseph Holmes
113 William Allen
114 Wilson Jones
115 Daniel Deggit
116 James Neely

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