NEGenWeb Project 


CONTESTED ELECTIONS IN NEBRASKA

267


117 Lewis Redick
118 Jonathan Hollam.
119 Joseph Van Kirk
120 Thomas Munsey
121 Robert Oliver
122 Mitchal Slasher
123 William F. Hayes
124 Thomas Clossen
125 Benjamin Sullin
126 Noble Heath
127 John Rockevell
128 James Davidson
129 Ira Lacock
130 James Humphrey
131 Divid. Lindley
132 William Carothers
133 A. Mitchell
134 Stern Hoyt
135 Lewis Boyckwin
136 Smith Mott
137 Richard Colson
138 Philander E. Moon
139 Addison M. Mott
140 Edward E. Woods
141 Edward M. Woods
142 William Meedye
143 William K. Mursene
144 Sydney M. Starr
145 Seth F. Herd
146 James McCormack
147 Oliver O. McNary
148 Eldredge L. James
149 Orvill I. Shattock
150 Nathan P. Eaten
151 Porter E. Snow
152 Norman Russell
153 Harman E. Jones
154 Harvey T. Harvey
155 Jeremiah O. Whaler
156 Norman K. Felt
157 Farran T. McTeltin
158 Ely J. Cowford
159 F. W. Enlewlin
160 Frank A. Mason
161 James R. Nye
162 Pay Hammonth
163 James W. Edson
164 Thomas Mulray
165 George O. Neil
166 Jarvis J. Cramb
167 Emery Curling
168 Joel P. Owens
169 David Rawson
170 John Vansze
171 Charles P. Barker
172 Justice W. Swift
173 Albert Swift
174 Charles P. Nash
175 Corridan Nash
176 James G. Brown
177 Dwyot T. Talcott
178 A. J. Sweet
179 Ely F. Felt
180 James Morris
181 Edward Jones
189, William A. Barnard
183 Jonas D. E. Graff
184 L. A. Fay
185 D. A. Richmond
186 A. J. Forbs
187 Thomas A. Gilbert
188 William E. Gilbert
189 Fay E. Van Alstine
190 Henry W. Mead
191 Andrew J. Cross
192 John A. Brandon
193 Ely S. Stephens
194 R. E. Bucklan
195 Henry W. Evrette
196 Henry M. Butts
197 W. L. Norcross
198 Freland D. Ewitt
199 Daniel F. While
200 Alford Ritson
201 Charles Sawright
202 James E. Wallace
203 Theodore Matthews
204 Charles Pages
205 William Rockland
206 R. M. J. Huston
207 Sylvester Crow
208 Edmond Russell
209 George P. Wayneright
210 Christopher Nuckolls


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NEBRASKA STATE HISTORICAL SOCIETY


211 James W. Maloney
212 Edward T. Cartwright
213 Jones N. Bennett
214 Joel J. Griffith
215 Edwin L. James
216 Marvil Pegamm
21T Stephen McNutts
218 Lewis L. Page
219 Andrew J. Edwards
220 Frank C. Anderson
221 Amos Cartwright
222 Jeremiah Nelson
223 David Edmonds
224 Watson Wheeler
225 Thomas Jameson
226 James E. Hitchcock
22T Jonathan Nelson
228 Homer Lreiner
229 Harry Nash
230 Gustavus Nash
231 Dwight H. Bamming
232 Elam Beach
233 A. S. Babcock
234 Alfred Bishop
235 A. McComas
236 Aaron Mullville
23T Elsihia T. Eldrin
238 Daniel Bell.


H.

SpacerCOLUMBUS, N. T., December 28, 1859.
   I hereby certify that the poll-books of Calhoun county, Nebraska Territory, have been abstracted from my office, and are not in my possession.
SpacerFRANCIS G. BEECHER,
SpacerCounty clerk of Platte county, Nebraska Territory.




    Copy of the proceedings of a meeting of the electors of Buffalo county, upon which officers were appointed by his excellency Samuel W. Black, Governor of this Territory.

SpacerFRIDAY, June 25, 1859.
   At a meeting of the electors of Nebraska Center, N. T., for the purpose of recommending suitable persons to fill the several offices of Buffalo county, on motion of Charles A. Henry it was moved and carried that Joel T. Mann act as chairman of the meeting, and George T. [F. (?)] Mead as secretary.
   On motion of Charles A. Henry, Henry Peck was chosen as a suitable person for probate judge, and Charles T. Lurtz as sheriff; Joseph Huff, commissioner of the central precinct; Patrick Care [Carl (?)], justice of the peace; and John Evans as constable in central precinct.
   On motion, George F. Mead was chosen as county clerk.



CONTESTED ELECTIONS IN NEBRASKA

269


   On motion, James E. Boyd was chosen as a suitable person for county register.
   On motion of James E. Boyd, William Hill was chosen as commissioner of the eastern precinct.
   On motion of Mr. Peck, George Moore was chosen as a suitable person for county treasurer.
   On motion of James E. Boyd, Joel T. Mann was chosen as a suitable person for commissioner of Kearny precinct; and on motion of H. J. Stark, E. J. Stark was chosen as a suitable person to fill the office of justice of the peace, and Walter Wilson for constable in Kearny precinct.
   On motion of Mr. Peck,
   Resolved, That Dr. Henry, with men living in the eastern precinct, do have them recommend suitable persons to fill the offices of justice of the peace and constable in said precinct.
   Dr. Charles A. Henry offered the following resolution, which was adopted:
   Resolved, That we recommend the above named gentlemen to hold the several offices to which they have been nominated by this meeting, and request the governor of this Territory to commission them for said offices.
   There being no further business, on motion of James E. Boyd the meeting adjourned sine die.
SpacerJOEL T. MANN, President.
GEO. F. MEAD, Secretary.

   Having carefully compared the foregoing with the original now on file in my office, I hereby certify that it is a a true and correct copy of the same. In testimony whereof, witness my hand and the great seal of the Territory of Nebraska hereunto affixed. Done at Omaha City on this the 20th day of January, A. D. 1860.
Spacer[L. S.] J. STERLING MORTON,
SpacerSecretary of Nebraska.


Letter Of Governor Samuel Black.

SpacerEXECUTIVE CHAMBER, NEBRASKA TERRITORY,
SpacerOMAHA, July 26, 1859.
   DEAR SIR: I have this day appointed the following officers for Buffalo county, and herewith enclosed you will



270

NEBRASKA STATE HISTORICAL SOCIETY


find the commissions of such officers, which you will please deliver to the respective officers appointed, viz:

Henry Peck

Probate Judge.

Charles H. Surtz [Lurtz?]

Sheriff.

James E. Boyd

Register.

George F. Mead

County Clerk.

George Moore

   "    Treasurer.

Joseph Ruff

   "    Commissioner.

William Hill

   "       "   

Joel P. Mann

   "       "   

Patrick Carl

Justice of the Peace.

E. J. Stark

   "       "   

J. S. Stafford

   "       "   

John Evans

Constable.

Walter Wilson

   "   

Truman Gardner

   "   


   I am, sir, very respectfully, your obedient servant,
SpacerSAMUEL W. BLACK,
SpacerGovernor of Nebraska Territory.
James E. Boyd, Esq.


   George F. Mead having resigned, George Miller was appointed to fill the office of county clerk.
SpacerSAMUEL W. BLACK,
SpacerGovernor of Nebraska Territory.


    I certify that the foregoing is a true and correct copy of the original now on file in my office.
   In testimony whereof, witness my hand and the great seal of the Territory of Nebraska hereunto affixed. Done at Omaha city on this the twentieth day of January, A. D. 1860.
Spacer[L. S.] SpacerJ. STIRLING MORTON,
SpacerSecretary of Nebraska.

AN ACT to organize the county of Kearny, to define its boundaries and to locate the county-seat thereof.
   Section 1. Be it enacted by the council and house of representatives of the Territory of Nebraska, That all that portion of the Territory of Nebraska within the following limits, viz: beginning at a point in the centre of the main channel of the Platte river fifteen miles east of the flag-staff at Fort Kearny, running thence due south to the dividing line between the Ter-



CONTESTED ELECTIONS IN NEBRASKA

271


ritories of Kansas and Nebraska; thence in a direction due west one degree; thence due north to the centre of the main channel of the Platte river; thence, following the meanderings of said stream, to the place of beginning, is hereby declared to be known and called by the name of Kearny county.
   Sec. 2. The seat of justice of said Kearny county is hereby fixed and permanently located at Kearny city in said county, as surveyed, platted, and lithographed by the Kearny city company in the spring of 1859.
   Sec. 3. The governor of the Territory is hereby authorized and required to appoint and commission the county officers of said county, who shall continue to act in their various offices until the next annual election in the Territory of Nebraska, and until their successors are elected and qualified.
   Sec. 4. Until the district of country west of said county is organized into counties the same is hereby attached to said county of Kearny for election, judicial and revenue purposes.
   Sec. 5. This act shall take effect and be in force from and after its passage.
   Approved January 10, 1960. SpacerSAMUEL W. BLACK,
SpacerGovernor of Nebraska.


SpacerSECRETARY'S OFFICE, Nebraska Territory.
   Having carefully compared the above copy, I hereby certify that it is a true and correct copy of the original act now on file in this office.
Spacer   In testimony whereof, I have hereunto set my
Spacer[L. S.] Spacerhand and affixed the great seal of the Territory.
SpacerDone at Omaha, January 21, 1860.
SpacerJ. STIRLING MORTON,
SpacerSecretary of Nebraska.



    This is to certify that at a general annual election held in the several precincts of and to the 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 had 292 votes for member of Congress.
   William W. Wyman had 292 votes for territorial treasurer.
   Robert C. Jordan had 292 votes for territorial auditor.
   Alonzo D. Luce had 292 votes for territorial librarian.
   William E. Harvey had 292 votes for commissioner of common schools.



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NEBRASKA STATE HISTORICAL SOCIETY


   James G. Chapman had 232 votes for district attorney first judicial district.
   In testimony whereof, I have hereunto attached my name for official purposes this 12th day of October, A. D. 1859.
SpacerGEO. MILLER,
SpacerCounty Clerk of Buffalo county, N. T.


SpacerSECRETARY'S OFFICE, OMAHA CITY, January 17, 1860.
   I certify that the within is a true and correct copy of the returns from Buffalo county, Nebraska Territory, now on file in my office.
   SpacerIn testimony whereof, witness my hand and the
     [L. S.] Spacergreat seal of the Territory of Nebraska hereunto
Spaceraffixed. Done at Omaha on this 19th day of Janu-
Spacerary, A. D. 1860.
SpacerJ. STERLING MORTON,
SpacerSecretary of Nebraska.

EVIDENCE IN THE NEBRASKA CONTESTED
ELECTION CASE.


March 5, 1860.--Referred to the Committee on Elections and ordered to be printed.


TERRITORY OF NEBRASKA, County of Douglas, ss:
   Be it remembered, that on the 31st day of December, A. D. 1859, before me, George Armstrong, probate judge in and for the county of Douglas, in the Territory of Nebraska, at my office in the city of Omaha, in the county aforesaid, George B. Graff was produced as a witness; and having, been by me duly sworn to answer truly all such questions as should be proposed to him touching the matter of the contested election of Experience Estabrook as delegate from the Territory of Nebraska to the 36th Congress, Samuel G. Daily, contestant, then and there testified as follows:

In the matter of the contested election of Experience Estabrook as delegate to the 36th Congress from the Territory of Nebraska. Samuel G. Daily, contestant.



CONTESTED ELECTIONS IN NEBRASKA

273


Testimony taken on, the part of the said Experience Estabrook, at the city of Omaha, in the said Territory.

   Present: Mr. Kinney, Mr. Richardson, and Mr. Redick, attorneys for Mr. Estabrook; Mr. Conkling, Messrs. Pease and Paddock,45 attorneys for Mr. Daily.

SpacerSATURDAY MORNING, December 31, 1859.
   Dr. Graff, the first witness, was examined without previous notice by consent of counsel for Mr. Daily.
   George B. Graff, of lawful age, being first duly sworn according to law, maker, the following answers to the questions proposed, to wit:
   1st question. What is your age, occupation, and place of residence?
   Answer. Forty-three years of age; receiver of public moneys at Dakota; residence, Dakota city.
   2d question. How Iong have you resided at Dakota?
   Answer. About nine months.

   4th question. Have you ever been in L'Eau Qui Court county; and if so, when did you visit that county?
   Answer. I was there in September last.

   14th question. Judging from the appearance of the settlements and the people you saw, how many voters, in your opinion, were there in that county?
   (Objected to by counsel for Mr. Daily, on the ground that the object of the inquiry is not a fit subject of mere opinion.)
   Answer. I had formed an opinion before the election as to how many votes would be polled there. A year previous there were polled in the county over 80 votes. I knew of considerable emigration to the county last summer. I saw 15 wagons going through our place to Bonhomme island at one time. The impression formed on my mind up there was that they could poll over 300 votes in that county; this is the opinion I formed up there.

Cross-examination

   2d question. You have spoken of several settlements in that county, will you name those, if any, which you actually visited?
   19



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NEBRASKA STATE HISTORICAL SOCIETY


   Answer. I was at Croy's Grove, Frankfort, Zepeota, Collins's Grove, and Niobrarah.
   3d question. Describe each of those places, specifying the number of inhabitants you saw in each, and their character?
   Answer. At Croy's Grove there was a single family; a Frenchman and his son were the only votes there. At Frankfort I saw probably half a dozen houses. At Zepeota there are, I think, three dwellings certain, and perhaps more. At Collins's Grove, one house. At Niobrarah, I suppose there are twenty good dwellings and a large hotel that could be inhabited.
   4th question. You spoke of other settlements that you did not visit; will you name those places again, and state whether you have any personal knowledge of them?
   Answer. They are Bonhomme island46 and Breckenridge; all I know in relation to them is what I have heard.

   19th question. You stated in your examination in chief that you visited the settlements at Croy's Grove, Zepeota, Frankfort, Collins's Grove, and Niobrarah., and you afterwards said you knew a settlement ten miles up the Running Water; what knowledge have you of that settlement, if you did not visit it?
   Answer. The knowledge acquired in my office from persons filing their declarations of settlement and intention to pre-empt; the plats being in the office.
   20th question. How far is Frankfort from Zepeota?
   Answer. They are contiguous; Zepeota has been abandoned as a town, and has been pre-empted for farming purposes.
   21st question. What distance from Frankfort are Croy's Grove and Collins's Grove, and in what direction?
   Answer. Croy's Grove is about eight miles southeast of Frankfort, and Collins's Grove is about five or six miles southwest from Frankfort.
   22d question. Are not Croy's Grove and Collins's Grove, Bonhomme, and Breckenridge much nearer Frankfort than the town of Niobrarah?
   Answer. All except Breckenridge; that I am not certain of.



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275


Re-cross-examined.

   1st question. Do you reside in the Covington precinct?
   Answer. I do not.
   2d question. Were you there on the night of the election when they canvassed the votes?
   Answer. I was not.
   3d question. Then, why do you say there were five more ballots than names upon the poll-lists, and that the five votes were given for Daily?
   Answer. I saw the certificate and poll-list, talked with the judges and clerks and citizens of the Covington precinct, who gave me the information; and knowing the political preferences of the votes of that precinct, I know that more votes were counted for Mr. Daily than were legally cast for him.
   4th question. You stated in your examination that yourself, Patrick, and Collier, urged the claims of Estabrook upon local grounds only; had you no political motive in seeking so urgently the elevation of Estabrook?
   Answer. In urging the citizens of the upper counties, I never compromised General Estabrook, by representing him as anything but a democrat. I did urge republicans to forget their political preferences in voting for delegate; and in the success of General Estabrook, I looked for and expected nothing save that he would not be unfriendly to the interests of the northern portion of the Territory, and his election a triumph for the democratic party, having then nor now no political favor to ask or expect for myself.



   6th question. Is it regarded by you as a part of the legitimate business of a federal officer in this Territory to assist in obtaining the greatest possible number of democratic votes at each election?
   Answer. I believe this question impertinent, intended to be offensive, and will not answer it.
   7th question. State whether, during the canvass for delegate in this Territory, at the last election, the federal officers residing here were required to advance money to aid in the election of Estabrook, and the success of the democratic party in the Territory?
   Answer. Since I have held office under the present administration, I have never been asked for nor paid one dollar for electioneering or other political purposes, nor do



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I know of any other officer in the Territory having been asked for or paid any money for like purposes.
   8th question. State at whose instance you made that political journey to L'Eau Qui Court county, and at whose expense the journey was performed.
   Answer. At my own, without consultation with anybody. The expense was borne about equally between Patrick, Collier, and myself. The whole amount was less than five dollars; and as I said before I went in pursuance of an intention formed since my first residence in the Territory.

POINTS AND ARGUMENT OF THE SITTING MEMBER

Buffalo county.

   The first specification in the printed notice attacks the validity of the vote of Buffalo county, first, for the reason that the county was unorganized, and, second, on the ground that Fort Kearny was attached to Buffalo county as a precinct, and was without any county.
   The evidence relied on to support the first proposition is that of Governor Black, a witness on the part of the contestant, and certain papers found on pages 94 and 95 of the printed testimony. The first fact noticeable in the testimony of Governor Black is the total negative of all fraud or improper design in the transaction detailed by him. Whatever was done was in good faith. As early as the month of May, and about the time the immense immigration to Pike's Peak, Utah, California, &c., was passing through the country, a desire was felt by those who had settled and were settling there to have the county clothed with some form of authority for self-preservation and protection. They made application to the governor, who, together with Hon. E. Wakeley, one of the judges of the supreme court, examined the matter and advised them precisely what they would have to do to set the machinery of county government in motion. He informed them that his commission was needless. But the exigencies of the case demanded something more summary, in appearance at least, to protect the inhabitants against the violence of a disappointed and enraged throng returning from the gold mines. To gratify the settlers, therefore, he issued com-


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