Answer. Frankfort and Zepeota31 are situated on opposite sides of a small creek, and opposite to each other. Frankfort contains one frame house and one or two small log houses. Zepeota contains one or two small log houses. These places are on the Missouri river. That is all.  JAS.
B. COIT.TUESDAY
MORNING, December 20, 1859.William H. James, 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. Twenty-seven years old; occupation, lawyer; residence Dakota city, Nebraska. 2d question. Are you the person referred to by Mr. Coit as having accompanied him to Niobrarah? Answer. I am. 3d question. State whether you were present during the whole of his examination yesterday, and attentive to all he said in that examination, and, if so, state whether or not you fully concur in all the material statements made by him, relating to what transpired in Niobrarah up to the time he states you left for Mr. Dodson's; and, if not, state in what particulars your recollection differs from his? Answer. I was present and attentive to what he said. I fully concur in all the material statements made by him, except in that portion which relates to the conversation and transaction at the hotel between Mr. Coit, myself, John H. Starr, and F. M. West. (This question and answer objected to by counsel for Mr. Estabrook.) 4th question. You will please then make your own statement relative to what occurred while you were at Niobrarah relating to the object of your visit to that place? Answer. We passed the preceding night at Mr. Dodson's four miles east of Niobrarah. On the morning of the 22d of November, we went into Niobrarah and as soon as we could get in we went to the house that we were informed was occupied by the county clerk. I presented a letter of introduction from Mr. Taffe to the county clerk, and also informed the county clerk as to the object of our visit, and told him that we wished to get a copy of the poll-books. He said-- |
(The counsel for Mr. Estabrook here objected to the. witness detailing any conversation between him and the clerk or any one else . . . ) The witness thereupon proceeded to state-- He said that he wished to discharge his duty as an officer, but doubted whether he had a right to deliver us a copy. I offered to show him the statute requiring that the public records should be open to the inspection of every citizen. He thereupon said that he would deliver us a copy if the fees were paid, which Mr. Coit agreed to do. He then proceeded to make a copy of the list of names of voters purporting to have voted at an election held in the Niobrarah precinct in L'Eau Qui Court county. The paper of which he gave us a copy he took from his trunk. He read the names from the original book and Mr. Coit wrote them down. After which, the clerk compared the copy with the original list, and certified that it was a true copy. After procuring a copy of the poll-list we went up to the tavern and remained a short time, and then started for Major Gregory's office, when we discovered that our horse was gone. We were therefore unable to leave the place and remained until night, when we made an effort to get our horse, but were unable to do so. We then returned to the tavern and stayed until morning, when we discovered that the left fore wheel and the right hind wheel of our buggy were removed. We spent the day in trying to find them and without success; in the evening, while at Westamond's store, John H. Starr and F. M. West asked me if I had a copy of the poll-list, and both remarked that they understood their names appeared upon the list as having voted, and that as they had not voted they wished to see the list, that they might see if it was true. I told them that if they would go up to the tavern I would show them the list. We went to the tavern together, when I commenced reading the list to them. Mr. Coit remarked that he could read it better, it being in his handwriting, and I handed it to him, and he commenced reading the names; soon after he had commenced, F. M. West made an effort to snatch the list, and Mr. Coit handed it back to me, and I put it in my pocket. West then told me that, he wanted the list, and told me to give it up, which I refused to do. He then swore that I never should leave the county with that list; at that time |
he had hold of me by the collar. West and Starr immediately left the hotel, and at the same time I went out at another door and started for Dodson's, about four miles this side of Niobrarah, It was then about 10 o'clock in the evening. Soon after arriving at Dodson's I went to bed. About half past one or two o'clock I was waked up by Mr. Dodson, who made the remark that those fellows were after me. At the time I awoke I could see a number of men at either of the two windows of my room, who immediately afterwards came in. James Tuffts, who was one of the number who came into the room, said that they had come after a copy of the poll-list. Mr. Dodson advised them to let me alone. Tuffts replied that they "had walked four miles for that poll-list, and, by God, we were going to have it." I told Mr. Dodson that I was his guest, and wished to involve him and his family in no difficulty, but told him that I should like very much to keep the copy of the poll-list, but if he desired it that I would give it up. He said he thought I had better let them have it. I thereupon got off of my coat, which I was sitting upon at the time, and told them they could take it. They took the copy of the poll-list from my coat and immediately burned it up. Either Mr. Tuffts or Mr. Callahan, the sheriff of that county, said that the citizens of the Niobrarah precinct were all implicated in the frauds perpetrated at the last election, and that they were all alike interested in suppressing the evidences of the fraud. They said at the same time that they had no ill-will towards me, and that if I would drop the matter and say no more about it, that any thing that I might ask at the hands of the citizens of Niobrarah would be granted, and that if ever I was again a candidate for office that they would give me as many votes as were necessary to secure my election. At this time some one said they would give me six hundred if necessary. 8th question. Do you know, or have you any reliable information, of any settlements up the Running Water? Answer. I know of but two houses up the Running Water in a distance of four miles, both of which were unoccupied at the time. I am informed that the valley of the Running Water is settled the distance of ten miles above Niobrarah; but at the time I was there, above alluded to, that the settlers were all in Niobrarah in consequence of a |
difficulty with the Indians, and that there was at that time but one man living up that valley. (Objected to by the counsel for Mr. Estabrook on the ground that it is hearsay.) 9th question. You have stated that your horse was missing in the morning. Did you receive any information as to the place of his concealment? Answer. I was informed that he was in Major Gregory's stable. 10th question. What efforts did you make, if any, for his recovery, and what was the result? Answer. I applied to Major Gregory, who said that the horse was in his stable, but that Jimmy had the key, and that I could not get him unless I could find Jimmy. We found Jimmy in the evening and told him we wanted our horse. He replied that he would have to get a lantern; and I went with him to Major Gregory's office for that purpose. Major Gregory told him that his lantern was out of repair, and that he would have to get Westamond's. Jimmy told me to remain, and said that he would be back in a moment, and that was the last I saw of Jimmy. 11th question. Do you know whether Major Gregory is an officeholder, and what office he holds? Answer. He is agent for the Ponca Indians. 18th question. Who is this James Tuffts, the apparent leader of that gang of vagabonds that assaulted you at Mr. Dodson's, and took from you the papers as before stated? (Objected to by counsel for Mr. Estabrook, on the ground that the question assumes facts to exist which have not been proven.) Answer. He is the sitting member of the legislature from the district composed of the counties of Cedar, Dixon, and L'Eau Qui Court. 19th question. What are his politics? Answer. Democratic. 20th question. State with more particularity your knowledge of the settled or unsettled condition of L'Eau Qui Court county? Answer. L'Eau Qui Court county has but two settlements in it, one is at Zepeota and Frankfort, which is in the southeastern [northeastern] portion of the county, and the other is at or in the vicinity of Niobrarah, which is the |
most northern part of the county. There is but one house on the road between Zepeota and Niobrarah, a distance of between twenty-five and thirty miles. The county generally is unsettled. It is also the most northern county in the Territory. 26th question. Of the hundred and twenty-one names that appeared upon the poll-list, how many did you recognize as the names of persons that you knew? Answer. About six or eight. 27th question. Had you been to any extent acquainted with the people of L'Eau Qui Court county? Answer. I live in that portion of the county which is passed through by most of the emigrants going up there, and became acquainted with many of them at or before the time of their settlement there. 28th question. Is there not a ferry at Niobrarah? Answer. I do not know, but there is not except a skiff. 29th question. Would the emigration going from any considerable distance north of Dakota city cross at Dakota or Sioux city? Answer. Most all the emigration to that part of Nebraska cross[es] the Missouri river either at Sioux city or Dakota. 30th question. Has there been any crossing of emigrants at Dakota for the last six months for the northern part of Nebraska? Answer. None at all. There has been very little emigration into that part of the Territory for the last year. 31st question. Have you been at all the crossing points, and do you pretend to know all the emigrants that have crossed into northern Nebraska during the past year? Answer. I have not been at all the crossings. I do not know all the emigrants who have passed into that part of Nebraska for the last year. I know of but two crossings by ferry on the Missouri river above Sioux city. 32d question. Where are those crossings? Answer. One is [at] Ponca, and the other at Ionia. 33d question. Would not those be the natural crossings for the people emigrating from the extreme northern portion of Iowa, and from Minnesota and Dakota, into the northern portions of Nebraska? Answer. They would be the natural crossings for emi- |
grants from Dakota, Territory to Nebraska. The emigration from Minnesota and Iowa would naturally cross at Sioux City. 35th question. Why is it that there has been no crossing of emigrants at Dakota City for the last six months? Answer. It had no regular ferry boat. 37th question. Have you ever been at Bonhomme City, in L'Eau Qui Court county? Answer. Not that I know of. 38th question. Do you know the extent of that settlement? Answer. I do not know that there is any settlement there. I have heard of such a place. 39th question. Do you know how many settlers reside along the Missouri river between Frankfort and Niobrarah in L'Eau Qui Court county? Answer. No. 40th question. Did you ever visit or hear of the town of Breckenridge in L'Eau Qui Court county? Answer. I have heard of such a place, and know it to be the terminus of a mail route on which E. G. Lawson was one of the contractors for carrying the mail from Dakota City. I know also that he does not carry the mail to Breckenridge." 47th question. How many election precincts are there in the county, and where are they located? Answer. Two; one at Frankfort and one at Niobrarah, and both on the Missouri river. 48th question. Do not those precincts extend back so as to include the Running Water valley, Breckenridge, and the entire west portion of the county? Answer. I presume that those two precincts include the whole county, but I do not know anything about it. 2d question. You were inquired of in
relation to the emigration during the past year to the
northern part of the |
Territory; will you state whether, the population of that part of the Territory including L`Eau Qui Court has increased or decreased during the past year; and if decreased, to what extent? (Objected to . . .) Answer. I believe that the population has decreased in all the counties, from the fact that the vote in all the counties north of the reserve was not near as large this, as it was last year, except in L'Eau Qui Court county. 3d question. You have been inquired of concerning Bonhomme and Breckenridge; do you know of any actual settlement at either place? Answer. I do not. 4th question. Have you any reason to believe, from any information, that there are five voters at either, or both places? (Objected to by counsel for Mr. Estabrook Answer. I have not. 6th question. Where would the voters residing at Breckenridge and Bonhomme, if any, vote? (Objected to by counsel for Mr. Estabrook . . .) Answer. I think they would vote at Zepeota or Frankfort, from the fact that Breckenridge is about sixteen miles from Niobrarah, and I think they are much nearer Zepeota.
5th question. How long have you resided in this Territory, and where have you resided? |
Answer. Three years; at Omadi. 7th question. State, if you know, to what extent L'Eau Qui Court county is settled. Answer. I should think there were from thirty to thirty-five voters in that county during the past fall, with a small proportion of families. 10th question. About in what direction is Niobrarah, and what is the character of the road, and what the settlements on the way, on the usually travelled route, and what are the accommodations for travellers on a winter journey? Answer. I think Niobrarah is about ninety-six miles north of this place; the general direction being about northwest from this place, and the whole distance being about two hundred miles by the usually travelled route, as I have already stated. The road is generally dry and good, but a portion of it is very hilly. The settlements from this place until you reach Wacapana,34 Cedar county, are at reasonably convenient distances for travellers. The next nearest house from that point is about forty-seven miles; from that house it is about three miles to Niobrarah. In travelling the course. of the river the distance between the houses is not so great, but the general distance is considerably increased. 12th question. You have stated in a former answer that there were from thirty to thirty-five voters in L'Eau Qui Court county, will you now state about what portion of that number reside in the precinct of Frankfort and Zepeota? Answer. I should think there were about twelve. It is called the Zepeota precinct. 13th question. What is the present population of the district you represent compared with that of one year ago, and what the vote at the last October election compared with that of the year previous? Answer. The population of the district is less than a year ago; the vote is less in Dakota county. The vote of the counties of Dixon, Cedar, and L'Eau Qui Court, was not canvassed before the clerk of Dakota county, as the law requires, and therefore I do not know what the official vote of those counties was. I believe the voters of those coun- |
es were less in number than the previous year. I canvassed the counties for both years. John McConihe, of lawful age, being first duly sworn
according to law, makes the following answers to the
questions proposed, to wit: 10th question. Did you afterwards receive from the clerk of Platte county what purported to be a return from Calhoun county; and, if so, how long afterwards. |
Answer. I afterward received, cannot state the length of time, I think about a week, from the clerk of Platte county, the returns of Platte, Butler, Calhoun, and I think Green was included as a precinct. 6th question. Did you ever see the
purported returns from Hall county; and, if so, tell me
where you first saw them?
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