one, and Fremont would be a natural road for them to come and go.

10th question. State, if you know, what are the farthest settlements west of the Missouri, in the direction of Izard county?

Answer. The farthest, of which I am acquainted, is West Point, in Cuming county, the middle of the southern portion of said county.

11th question. State, if you know, what county lies directly east and adjoining Izard county?

Answer. Cuming county.

12th question. State how far, and in what direction, Calhoun county is from the town of Fremont?

Answer. Nearly south, across the Platte river, nearest point about two and a half miles.

13th question. State whether you have any knowledge in regard to the settlement of Calhoun county?

Answer. I have been in Calhoun county, up and down the river some eight or ten miles; there was a settlement there about two years ago of some ten or fifteen persons, close by the river, near a point which was then called Neapolis," about four or five miles northwest from the Pawnee village. I have been there several times since, and the houses or shanties which they had built were entirely torn down, and the people had left more than a year ago. I do not know of any other settlements now, or that have been made within a year in that county.

14th question. State whether the Pawnee Indian village was within the limits of Calhoun county, and at what time the Pawnee Indians were removed by government from that locality?

Answer. They had two villages, both in Calhoun county, about six miles apart; one about four miles south of Fremont, on the south bank of the Platte river; one about ten miles south of Fremont, on the southwesterly bank of the Platte river. They were removed from their villages the latter part of October last, and taken to their reservation and settled there by Judge Gillis, their agent, about the 1st of November.

15th question. What knowledge have you, if any, in relation to the election, or the returns of the election, in Calhoun county?

Answer. I called on the clerk of Platte county for the

purpose of seeing those returns. He showed me the returns which purported to come from Calhoun county. I inquired of him where the precinct of Calhoun was where the election was purported to have been held by the return, and remarked, at the same time, that I supposed that it was the duty of Platte county to organize the precincts of Calhoun county. He said that the record did not show that they had made any precincts in that county, and that he received the returns in a letter from Mr. McConihe, the governor's private secretary.1o

Cross-examination.

1st question. How long have you resided in Dodge county?

Answer. About three years and three or four months.

23d question. What is the probable population of Platte county?

Answer. About two hundred."

24th question. What is the probable population of Cuming county?

Answer. I know less about that, but it may be about thirty or forty.18

25th question. Do you undertake to say that you have made a personal examination in Izard county with the view of ascertaining how many people there were in the county, if any?

Answer. I have been through the county and conversed with those passing through with me, none of whom appeared to know anything of any inhabitants in the county. 26th question. How many times have you been through Izard county?

Answer. Once.

27th question. When was that, and who was with you? Answer. I think it was about the 10th of July, with the expedition against the Pawnees. 19

28th question. What part of the county did you pase through in that expedition?

Answer. I think near the centre; we followed the course of the Elkhorn river, which started in the county about ten miles north of the southerly boundary through

the east line, and went out, I think, north of the middle of the west line.20

29th question. You do not pretend to say that there is no settlement west of West Point, in Cuming county, Nebraska Territory, only that you know of no other.

Answer. I know of settlements in the Territory farther west, but not in Izard county, or that range of counties.

30th question. Can you state of your own personal knowledge that on the 11th day of October last, there were not inhabitants and voters in Izard county?

Answer. I could not state that of Izard nor any other part of the unsettled portion of the Territory.

December 17, 1859.

John M. Thayer, 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. Thirty-nine years-farmer-Omaha, braska.

Ne

2d question. Have you had the means of becoming acquainted with Izard county, and, if so, what means?

Answer. I have from maps, and also from having passed through the county.

3d question. When did you last visit the county?
Answer. Between the 6th and 12th of July last.

4th question. Did you discover any evidence of its being inhabited?

Answer. I did not.

5th question. State, if you please, what appeared to be the condition of the county, and whether you observed any evidence of its being inhabited or otherwise?

Answer. It was a prairie country. I saw no sign of habitation through the whole extent of it.

6th question. Through what portion of the county did you pass?

Answer. We struck the county, as near as I can judge, near the southeastern portion of it, and then proceeded in a northwesterly direction nearly through its centre.

7th question. Did you see any travelled roads, and what was their character?

Answer. I did not see any. I was in command of an expedition in pursuit of the Pawnee Indians, and we followed the trail of the Indians directly through the county. 8th question. Did you see any person who seemed to be a resident of the county while passing through it?

Answer. I did not. I met with no person whatever. 9th question. How long have you resided in this Territory, and have you been accustomed to observe the progress of the settlements of the Territory?

(Objected to by counsel for Mr. Estabrook, on the ground of irrelevancy.)

Answer. Five years last October. I have been on the frontier more or less every year. The first settlements were on the Missouri river; then extended to the Elkhorn river, and up the Elkhorn as far as Fontanelle for the first three years. Fontanelle is about forty miles from Omaha." The next settlements north of Fontanelle are De Witt 22 and West Point; they are in Cuming county, and about twenty or thirty miles north of Fontanelle. These are the farthermost settlements in that direction. West Point is about ten or fifteen miles from the eastern boundary of Izard county. West of West Point and De Witt there were no settlements.

10th question. State whether it is or not a fact of public notoriety among the old inhabitants of this part of the Territory that Izard county is wholly an uninhabited county.

(Objected to by counsel for Mr. Estabrook

)

Answer. It is especially among the inhabitants of Fontanelle, West Point, and De Witt. I made extensive inquiries of them when I was on the expedition above referred to, with the view to the protection of the settlements, and also to ascertain whether further depredations had been committed by the Indians.

Cross-examination [by John F. Kinney].

1st question. How long have you been engaged in farming?

Answer. Some four years.

2d question. Where have you been engaged in farming?

Answer. Douglas county.

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," either, as the counsel for the sitting member has been.

23

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.

L

Direct examination resumed.

1st question. In your march through Cuming county, did you pass through the settlement you named West Point?

Answer. I did not pass through, but to the left of it. 2d question. State whether you are quite sure that West Point is in Cuming county, and a considerable number of miles from the eastern boundary of Izard county? Answer. I am.

3d question. Have you been attentive to the course of legislation in this Territory?

Answer. I have.

4th question. Has it or not been the practice to desig nate counties by metes and bounds in the parts of the Territory known to be inhabited?