It is admitted that Thomas Whitman was born on the eleventh day of March, 1819, and voted at the adjourned meeting on the 11th day of March, A. D. 1840.

J. J. PRENTISS,
JOHN WHIPPLE.

It is admitted that Nahum Newton is a minor.

Hiram Griffin's deposition.

I, Hiram Griffin depose and say, that I am Town Clerk of Antrim the ensuing year, 1840, and in answer to the following inter rogatories further say:

1st. Did the selectmen of Antrim within one week after the annual election in March, 1840, file with you a list of all the rateable polls in the town of Antrim?

Ans. They returned no other list of names than the check-list: they handed to me a certificate of which the following is a copy: "This certifies that we the undersigned, selectmen of Antrim, have examined the check-list of March 10, 1840, and find it contains two hundred and ninety-nine voters, and of which number twenty-seven do not pay a poll tax.

Antrim, March 14, 1840.

Upon the check-list there is no certificate that said list contains the names of all the rateable polls in the town of Antrim at the time of the annual election.

2d. Were the names of Moses Stuart, Luke Burns and Nahum Barker, Jr. upon the check-list filed with you?

They were.

3d. Did said Stewart, Burns of Barker vote in the town of Antrim at the annual election in March last?

By the appearance of the check-list Nathan Barker, Jr. voted and Stewart and Burns did not vote: Barker's name is checked on the list and the others are not.

4. Had said Barker resided in Henniker previous to the annual election in March last?

Ans. I believe Mr. Nathan Barker, Jr. taught school in Henniker last winter. I have heard that since March meeting he has gone to New York. HIRAM GRIFFIN.

It is admitted that Thomas J. Whitcomb and Robert Kimball

are to be considered as in the same situation as Benjamin Hoyt, Horatio Connor and Harrison Connor.

I On motion of Mr. Bennett

J. J. PRENTISS,
JNO. WHIPPLE.

Resolved, that the committee will now proceed under the resolution of the House of December 14th, 1840, and they do hereby direct their Chairman to issue a subpoena duces tecum, to the Selectmen and Town Clerk of Henniker for the present year, requiring them to appear before the committee on Wednesday next at 6 o'clock, P. M. to give evidence on the memorial of Robert Wallace and that the Town Clerk be requested to produce before the committee the check list used at the annual meeting in said Henniker in March 1840.

Adjourned.

WEDNESDAY, DEC. 16, 1840.

PRESENT:

All the members of the committee.

The chairman laid before the committee the following subpœna and return thereon:

"STATE OF NEW HAMPSHIRE.

HOUSE OF REPRESENTATIVES,
December 14, 1840.

To John S. Craig, James M'Calley, and Robert Wallace, Selectmen of the town of Henniker in the said State, and James Caldwell, Town

county of Merrimack, in Clerk of said Henniker.

By virtue of a resolution of the House of Representatives of said State, passed December 14, 1840, empowering the committee on Elections, to which was referred the remonstrance of Robert Wallace, in relation to the return of rateable polls in the town of Henniker, upon which return was predicated the number of Representatives from said town of Henniker, to send for persons

and papers, you are hereby required to appear before said com mittee, at the Capitol, in Concord, in said State, on Wednesday, the 16th instant, at 6 o'clock, P. M. to testify what you know in relation to said remonstrance; and the Town Clerk of said Henniker is hereby required to produce before said committee the check list used at the annual town meeting in said Henniker, in March, 1840.

Given under my hand and seal this 15th day of December, A. D. 1840.

J. ELKINS, Clerk.

IRA ST. CLAIR, Chairman
of the committee on Elections.

To Peter Smart, of Concord, in the county of Merrimack, in the State of New Hampshire:

I, Moses Norris, Jr. Speaker of the House of Representatives of said State, by virtue of the authority in me vested, do appoint you Sergeant-at-Arms, for the purpose of serving the within pro

cess.

Given under my hand and seal this 11th day of December, A. D. 1840.

MOSES NORRIS, JR.,

Speaker of the House of Reps. of said State.

Henniker, Dec. 15, 1840.-I then served the within process on the within named John S. Craig and James Caldwell, by reading the same in their presence and hearing. On the same day I served the within process on the within named Robert Wallace and James M'Calley, by leaving a true copy of the same at their last several places of abode. PETER SMART.

Merrimack, ss. Dec. 16, 1840.

Sworn to before me

JOSIAH STEVENS, JR. Jus. Peace.

Robert Wallace sworn.

Question by counsel for Selectmen. Do you know that any names were inserted by the Selectmen of Henniker upon the check list used at the annual March meeting in 1840, from y corrupt motive whatever, if so, state what are those names and what reasons you have to believe they are placed upon said list fromsuch corrupt motive?

Ans. I knew nothing about the check list whatever. I did not examine it.

Question by same. Have you any knowledge that any name was placed by the Selectmen of Henniker upon the list of rateable polls from which the return of the number of rateable polls to be made to the Legislature was prepared, from any corrupt motive whatever, if so, what are those names, and what reasons have you to believe they were so placed from such corrupt motive?

Ans. The time we met to make out the list of rateable polls, the other Selectmen and I did not agree as to the law. Mr. Connor, one of the townsinen, was in the tavern where we met.Judge Parker of Keene happened along in the stage, and stopped to dine at the tavern. Mr. Connor asked him to come into the room where we were. He accordingly came in. I then, in presence of Mr. Connor and the other two Selectmen, asked him if we had any right to place upon the list men, who had been absent 6 months or a year, and had not returned nor given any evidence to the Selectmen that they intended to return. His an. swer was that we had no right to put them on without some evidence that they meant to return. I do not accuse the Selectmen of any corrupt motive. We then had considerable talk in relation to these names. We came to the conclusion to refer it to Judge Harvey of Hopkinton. Some days subsequent to that I went to Hopkinton. Judge Harvey had gone to Portsmouth, as I think, to attend the Circuit or District Court. I then took the opinion of Judge Chase in writing, carried it back and exhibited it to the other Selectmen on the night we were to complete the list. His opinion agreed with Judge Parker's, that we had no right to put these names on. The Selectmen still insisted on putting them on and did put them on. I cannot recollect all the names, but there were the names of Day Emerson, Mark Gove, Silas Dutton, Oliver Pillsbury, Jr. Benjamin Hoyt, James M. Campbell, Daniel B. Alley, and Alexander W. Connor. I know not what the motives of the Selectmen were in putting these names onand I charge them with no corrupt motive?

3. Question by same. Do you know that any name was placed upon the check list of rateable polls, which the Selectmen did not believe to be the name of an inhabitant of Henniker, and entitled to be placed thereon?

Ans. I believe there were names put upon the list who were not inhabitants of Henniker at that time, and that the other two Selectmen knew that fact. The controversy grew out of the fact of their being absent at the time.

4. Question by same. Do you know that the name of any person, who was not believed by the Selectmen of said town to be a

legal inhabitant of said town was put by the said Selectmen upon said check list or list of rateable polls, with a view wrongfully to entitle such town to two Representatives in the Legislature?

Ans. They stated to me at the time that they considered that they had a right to put these names on, notwithstanding they were absent. I know not what their intention was in doing so.

5. By same. Was not the controversy between you and the other Selectmen, whether the persons absent were entitled to vote on the ground that they were only temporarily absent?

Ans. So far as our rateable poll list was concerned it had nothing to do with voting-this was after the annual meeting.

By same. Was not the controversy between you and the other Selectmen whether a person, who was absent from the town, was entitled to have his name placed upon the list of rateable polls on the ground of his absence being only temporary. Did not the other Selectmen contend that the persons to whom objection was made were absent for temporary purposes only?

6. Ans. I think that was the ground they took. One of the Selectmen stated that they had a right to presume that they intended to return, I think the ground the other Selectmen went on was, that these men were absent for temporary purposes only; I do not recollect that they said so in so many words.

By same. Who were the persons who were understood to be candidates for. Representatives of the town of Henniker at the time the check list was prepared, previous to the last annual meeting. Name all.

7. Ans. I do not know that I can name all. Daniel C. Gould, Jacob Straw, Moses Brown, John Campbell, Imri Woods I heard mentioned; I do not recollect that I heard any others.

By same. Did Silas Dutton, to your knowledge, tell the Selectmen of Henniker, that he resided in Nashua, or that be considered himself an inhabitant of Nashua at or before the last annual meeting? If so when? where? who was present? What is his occupation? where does he sleep? and what portion of the time at Henniker?

S. Ans. I do not know that Silas Dutton told the Selectmen any thing I mean the Selectmen who made up the check list. He is a stage driver, he sleeps usually one night at Nashua and one night at Henniker alternately. Sunday nights he generally sleeps at Henniker. He is at Henniker four nights in a week and three at Nashua..

How

By same. Do you know Jesse Webster of Henniker? long has he lived in that town? Where did he reside at the last