No. 5. State the circumstances connected with this solicitation. Answer. It has been so long I cannot recollect all the circumstances in full detail, but think I can, from memory, the prominent points after Yeaman had withdrawn from the congressional contest as a Union candidate. Jackson made a speech here of an ultra character, as was thought at that time. After the speech was over Judge Yeaman made some remarks as to the character of the speech, condemning its coercive character, &c., and regretting that he had not continued an independent candidate in opposition to Jackson, as he would be very able to beat him, if he, Jackson, was in favor of men and money for coercing the south. Some of a committee were present who were authorized to solicit and get some one to make the race for Congress on the southern rights ticket, solicited Yeaman to run against Jackson upon a platform they called a southern rights platform; he did not accept, and asked time to consider the subject, saying that if he was to run upon that he would be called a secessionist, and the time was so short that he could not fully explain that objection to the people of the district, but would submit an article upon which he would make the race, if acceptable to the committee, and he should consent to run. No. 6. Was that article submitted to the committee by Mr. Yeaman, and is the article in your possession at the present time. Answer. There was a writing submitted to the committee by Judge Yeaman, and is in my possession. (The contestant here produced the article from Judge Yeaman to the committee alluded to above, and offered to file it as evidence in this case, to which filing Hon. G. H. Yeaman objected, and the court sustained the objection, to which ruling of the court contestant excepts.) (Questions Nos. 3, 4, 5 and 6, by McHenry to Pointer, being asked in Yeaman's absence, he now, on appearing, excepts to the questions and answers.) Questions by Mr. Yeaman. No. 1. You say I refused to run on what was called the southern platform; is it not also true that I refused to oppose Jackson even on the platform of my own principles? Answer. You did. No 2. You speak of Mr. Jackson's speech to which I made some objection; can you or not state that he made in that speech a statement in language or substance as follows: "I will go for all the men and all the money necessary to hold and repossess the forts and other public property, but, if necessary, will go for the conquest, the subjugation, and even the extermination of the south." Answer. I do not think that I heard Jackson's speech that you allude to. No. 3. Did not both parties at that time claim to stand on what was called the neutrality platform. Answer. I think both parties claimed to accept the doctrine of neutrality. No. 4. Did not you, and the other gentleman alluded to, at that time claim to be for the Union, or a restoration of the Union, and for the preservation of Kentucky neutrality? Answer. The committee was divided upon that. The most of them were for the Union upon the Crittenden compromise. No. 5. Was there at that time any secession in the writing or platform of mine of which you speak, or in my speeches or conversation? (The contestant here excepted to this question, which exception was sustained by the court, and Yeaman excepted to the ruling.) No. 6. Did not all these things occur when politics and political parties were very unsettled in Kentucky. Answer. I think the people were in a very feverish and excited condition. No. 7. Did not you, and all the gentlemen alluded to as a committee, vote against me when I was a candidate for the legislature in 1861? Answer. I cannot answer positively as to all, but think most probably they did. I did. And furthermore this deponent saith not. T. H. POINTER. Also the deposition of R. M. Hathaway, who, by consent of Mr. Yeaman, deposeth as follows, at the same time and place, for contestant, after first being duly sworn: Questions by Mr. McHenry. No. 1. State your age and residence. Answer. I am fifty-one years old; residence, Daviess county, and have lived here eight years. No. 2. State all the circumstances within your knowledge connected with the visit of Colonel John W. Foster, 65th Indiana mounted infantry, to Owensboro', on or about July 28, 1863. Answer. I know nothing of it. No. 3. Did you see him here about that time? Answer. I did not. No. 4. State if you heard anything of a letter being written to him about that time soliciting his presence here. Answer. I did not. No. 5. Do you remember of having a conference or conversation with Lieutenant Colonel Weir, 35th Kentucky volunteers, with reference to the election, and with reference to military interference in said election, August 3? Answer. I do not recollect having any such conversation. No. 6. Were you in Daviess county the week preceding the election? Questions by Mr. Yeaman. No. 1. Have you or not just had read to you, in the presence of A. G. Botts, before whom it was taken, the deposition of John O'Brien, taken in this case, on the 30th of October, 1863, and contained on pages 1 to 13 inclusive? Answer. I have certain questions and answers to which my attention was called. No. 2. From your own knowledge state whether you agree or disagree with him in the facts he has stated in his responses to questions put by me, and numbered severally 5, 6, 8, 9, 10, 11, 12, 13, 14, 19, 20, 21, 34 and 35; and, considering the same questions now here asked you separately and severally, how do you answer them? Answer. I agree with him in the facts stated and answers given, and do now here answer the same questions as he has done, except as to No. 14, I answer I don't know a single rebel who voted for you; and as to No. 20, the regiments were sometimes placed in camp in this district for the purpose of recruiting and organizing; and as to No. 34, I answer every man had a chance to vote who wanted to, and would comply with the law and the oath required; and in answer to No. 8, I answer I have never seen any difference between the so-called southern rights men and the rebels and secessionists. No. 3. From the beginning of the present difficulties and civil war, what have been the politics and political associations, conduct and opinions of J. H. Blair and W. P. Brittain? Answer. I have always regarded them as decidedly secessionists, and am convinced they are so universally regarded by the Union party. No. 4. Since Colonel McHenry's dismissal from the army, and his refusal to go into the Union convention, how has he been regarded by the Union party and loyal men generally? Answer. The Union men gradually lost confidence in Colonel McHenry from the time of his dismissal from the army; and since he avowed himself opposed to furnishing any more money or men, taken in connexion with his associations with the secesh party, I am convinced a very large majority of the Union party have lost all confidence in him as a Union man. Question 5. Have you or not heard read to you the deposition of H. M. Woodruff, taken before A. G. Botts, in this case, on the 31st of October, 1863, and contained from page 13 to 19 inclusive? Answer. I have certain questions and answers to which my attention was drawn. No. 6. From your own knowledge state whether you agree or disagree with said Woodruff in the facts stated by him in response to questions put by me, and numbered severally 7 and 8; and, considering the same questions here now asked to you, how do you answer them? Answer. I agree with him in the facts stated in answer to said questions, and do now answer them myself as he did, except as to No. 7, that I am thoroughly convinced the peace could not have been preserved and Union men protected without such force and assistance, and it was not always done with that assistance, but much outrage committed on them; and as to No. 8, I answer that such threats were openly made before any military force was posted here or organized among the citizens; such threats were made about me in person. No. 7. What is the reason such threats and schemes are not now carried out by the secession party of this district and State? Answer. I know of no other reason except they are afraid to do it, and have not the power; it is not for the want of the will. And further this deponent saith not. R. M. HATHAWAY S. M Wing, who having been duly sworn and deposition taken by consent of G. W. Yeaman, testified on behalf of contestant as follows: Questions by Mr. McHenry. State your age, residence, occupation, and how long you have lived in Daviess county. Answer. Age, forty-nine; residence, Owensboro'; occupation, a merchant and trader; have lived here twenty-eight years. No. 2. State if you saw Colonel John W. Foster, of the 65th Indiana mounted volunteers, in Owensboro', on or about July 28, 1863. Answer. I saw him here before the election; don't recollect the date. Answer. I can't tell. No. 4. Did you have any conversation with him at that time with reference to the election and with reference to the interference of the military with the election? Answer. I had some conversation with regard to the election and with regard to the military interference with the election. No. 5. Do you or not know that he was solicited to visit Owensboro', by the Union citizens of the county, for the purpose of interfering with the election, and preventing the rebels from carrying the county at the election? Answer. I do not. No. 5. Do you know whether a letter was written to him from this town, soliciting his presence here? Answer. I do not. No. 6. Did you not see his General Order No. 12 before it went to press, and was not said order submitted to you or others before it was printed? Answer. I did see it. He read it to us before it was printed. No. 7. Do you know whether Hon. G. H. Yeaman saw it before it was printed? Answer. I do not. No. 8. Was there or not a conference of Union men with Colonel Foster, in Owensboro', with reference to this matter? Answer. There was. No. 9. Do you know that Hon. G. H. Yeaman was in Owensboro' at the time Colonel Foster was here, and do you know whether they had an interview or not? Answer. I think he was here, but do not know that they met. No. 10. Was there not some apprehension expressed by the Union citizens here that the rebels would carry the county if the military did not interfere to prevent it at the election? Answer. There was. No. 11. Was this or not the reason of Colonel Foster's visit to this town, as you understood it? Answer. I can't say that it was. No. 12. Was the conference alluded to solicited on the part of Colonel Foster or the Union citizens? Answer. I don't know that it was solicited by either. Colonel Foster expressed a desire to meet with the Union citizens. No. 13. How many of the Union citizens were conferred with in regard to this matter? Answer. Some five or six. No. 14. Were they citizens of the town or county? Answer. They were of the town and neighborhood. No. 15. Do you know whether Mr. Yeaman was made acquainted with this matter several days before the election? Answer. I do not. day. He had been absent some time, and I did not see him that No. 16. Did not Judge Yeaman come home on the day before he and McHenry spoke at Yellington? Answer. I can't state. No. 17. State if Colonel Foster was not urged to publish and enforce his order throughout this county by Union men, and that his actions in the matter were known before the election to them and approved by them. Answer. Colonel Foster stated that he would enforce Governor Robinson's proclamation, and wanted to consult with the Union men in regard to the best manner of doing so, and his order was published with that view. That was my understanding. No. 18. How long before the election was this? Answer. About a week. No. 19. Examine Colonel Foster's General Order No. 12, a copy of which is on file, and state if it is the same order which you allude to above as having Answer. I have examined it, and state that I think the copy is the same order I have alluded to. Questions by Mr. Yeaman. No. 1. Give some of the reasons why it was feared the rebels would carry the county. Answer. It was believed by some they would endeavor to vote by force, as some had declared they would, and create a disturbance. No. 2. Was there not reason to believe, from their conduct and avowals, they intended to attempt to vote regardless of the oath required by Governor Robinson's proclamation and the law of Kentucky? Answer. Such was the apprehension of some of the Union men. No. 3. Was not Colonel Foster's only object to enforce the laws of Kentucky, preserve the peace, and guard the polls from violence? Answer. So he stated. No. 4. Was his conduct in the premises caused and governed by the Union men of this place, or was it upon his own responsibility and the orders of his superiors? Answer. I understood he acted on his own responsibility. He only consulted with us. No. 5. Did the anxiety of the Union men refer entirely to the race for Congress, or did they not feel equally as much interest in the result of the elections for governor and representative in the legislature? Answer. Equally as much. No. 6. Are they satisfied with the result? Answer. I think they are. And further deponent saith not. STATE OF KENTUCKY, Daviess County, ss: S. M. WING. I, A. G. Botts, presiding judge of the Daviess county court, do certify that the foregoing depositions of H. M. Woodruff, J. H. Blair, E. Comstock, J. H. Hodgkins, J. R. O'Bryan, R. H. Fenwick, J. A. Robertson, Lewis Burns, Charles Crabtree, W. S. Brittain, J. H. Hill, A. C. Sutherland, J. C. Ashby, M. McIntire, W. N. Sweeney, T. H. Pointer, A. G. Botts, R. M. Hathaway, and S. M. Wing, were taken before me, read to and subscribed by them in my presence at the time and place in the captions mentioned, the said deponents having been first sworn that the evidence they should give should be the truth, the whole truth, and nothing but the truth, and their statements were reduced to writing in their presence, the contestant, Colonel J. H. McHenry, being present, and George H. Yeaman, part of the time in person and part of the time by attorney, being present at the examination. Given under my hand this 4th day of November, 1863. A. G. BOTTS, Presiding Judge of Daviess County Court. I also certify that the enclosed exhibits were filed. A. G. BOTTS. Presiding Judge Daviess County Court. N. B.-I wrote my own deposition and subscribed the same in the presence of John O'Brien, clerk of the Daviess county court, by whom I was sworn to the same in due form of law. A. G. BOTTS, Presiding Judge Daviess County Court. McHenry, contestant, paid my fee. A. G. BOTTS. List of officers of the August election, 1863. Lower Town precinct, No. 1.-E. Comstock, J. H. Chissom, judges; C. S. Balee, sheriff; T. Sidney Anderson, clerk. Upper Town precinct, No. 2.-James Littell, W. M. Haney, judges; J. B. Higgins, sheriff; Malcolm McIntire, clerk. |