annual meeting? Is his name returned on the list of rateable polls?

9. Ans. I know Jesse Webster; I do not know how long he has lived in town-I should think two or three years. He resided in Henniker at the last annual meeting. I cannot say whether his name is returned on the list of rateable polls.

By sume. Do you know Enoch L. Childs of Henniker? How long has he lived in that town? and when did he leave Henniker? For what purpose was he absent? Was his name re

turned on the list of rateable polls?

10. Ans. I know a man by the name of Enoch L. Childs, who used to live in Henniker-he was a native of that town-he had been keeping school or attending school-was part of the time absent and part of the time there. I cannot say when he left Henniker, but it was since the last annual town meeting. I do not know whether his name was on the list of rateable polls.

By same.. Do you know Hiram Rice, John Stewart 2d, Josiah Childs, jr. and Thomas Craig? Were they at the last annual meeting inhabitants of Henniker? If absent, at what time? where were they? Have you any reason to believe they were temporarily absent with the intention to return? Have they or either of them returned? Were their names on the list of rateable polls? And if not, why were they not?

11. Ans. I know Hiram Rice-I do not know John Stewart 2d. I know Josiah Childs, jr. and Thomas Craig. I think Hiram Rice was not an inhabitant of Henniker at the last annual town meeting. I think Josiah Childs, jr. was in Massachusetts on the day of the town meeting. I do not know that I have seen Thomas Craig for two years, and don't know where he was on the day of town meeting. I understood that Hiram Rice was in New Jersey. I suppose Rice intends to return to Henniker; whether he intends to reside there or not I do not know. I understand Childs has bought some land in Mhigan with the intention of locating himself there. I suppose Childs intended to return to Henniker before he went to Michigan, and has returned, and is now in Henniker. I have seen in recently. I do not know where Craig is or whether he means to return. is a transient man. Rice has also returned and New Jersey. Craig's mother lives in Henniker name was not on the list of rateable polls. As to the others I do not recollect whether their names were on or not. I do not know why Rice's name was not on the list of rateabe polls. Rice's father lives in Henniker.

He

now gone to Hiram Rice's

By same.

Did not Josiah Childs, jr. vote in Henniker at the last November election.

12. Ans. I think he did.

By same. Do you know, or have you reason to believe that the other Selectmen consulted with any person or persons in whose opinion they had confidence in relation to the law by which they were to be governed in placing names upon the list?

13. Ans. I th.. k Mr. McCalley told me he consulted Mr. Baker or Mr. Stevie, or both, and if I did not misunderstand him he said that they told him that he had a right to put the names on. Adjourned.

THURSDAY, DEC. 17, 1940.

PRESENT:

All the members present except Mr. Curry.

The committee proceeded in the examination of Robert Wal lace.

14. Question by counsel for Selectmen. Who suggested to you first the idea of presenting this memorial to the Legislature? Who assisted you in preparing the document, and in whose hand writing it is?

Ans. I had some talk with Esquire Prentiss, and had some talk with James Wilson a member of this House. I stated to him the facts in relation to it. I cannot say whether those were the first: I do not recollect conversing with any person before Mr. Wilson, in relation to presenting the memorial. Mr. Prentiss assisted me in preparing the memorial-it is in his hand writing.

15. By same. Why did you not think it your duty to bring this subject before the Legislature at the last June session? Why did you suffer a person who, as you believed, was not entitled to hold a seat in the Legislature, to retain his seat as a member through the June session and much of the November session without objection or remonstrance to the House?

Ans. The reason I did not then bring it before the Legislature was, that I thought they would say my object was to deprive

Col. Woods of his seat. I wan't aware it was my duty to object to any any member's holding his seat here. I knew I had the law to execute, and I did not think it was doing so by putting the names of those absent on the list-and my only object in coming before the Legislature was to know whether this was right. We met at Henniker to take depositions. After we had taken some four or six, the number I do not remember, Esquire Whipple proposed not to take any more, but let those already taken decide it if those were wrongfully on the list of raleable polls, the others were also, and if these were rightfully there, the others should be. I cared nothing about Col. Woods holding his seat here, and do not care now; my only object was to know whether these names were legally on the list of rateable polls or not.

John S. Craig, sworn.

16. By same. Are you one of the Selectmen of Henniker? Was any name placed upon the check list of Henniker at the last annual meeting or upon the list of rateable polls from which the return of the number of the rateable polls was made to the Legislature, from any corrupt or improper motive whatever? Have you any reason to believe that either of the Selectmen acted from any other than a desire to discharge their official duties with fidelity and integrity in making said lists?

Ans. I am one of the Selectmen of Henniker. I do not know that there was any name put upon the check list or upon the list of rateable polls from any corrupt motive. I have no reason to ' believe that either of the Selectmen acted from any other than a desire to discharge their duty with fidelity in making said lists. I was one of the Selectmen in 1839.

17. By same. Was it contended by you and one other Selectmen that you had a right to judge from what you knew of an individual, where his home was and whether he was absent for a temporary purpose, or had finally left the place, and to act upon such knowledge?-As if a man was absent teaching schools or laboring for the season or the like?

Ans. It was.

James Mc Calley, sworn.

18. Question by same.

Same as 16.

Are you one of the Selectmen of Henniker? Was any name placed upon the check list of Henniker at the last annual meeting or upon the list of rateable polls from which the return of the

number of the rateable polls was made to the Legislature from any corrupt or improper motive whatever? Have you any reason to believe that either of the Selectmen acted from any other than a desire to discharge their official duties with fidelity and integrity in making said lists?

Ans. I was one of the selectmen of Henniker in 1840-I had nothing to do with the check-list for March election, 1840, as to making it up. I do not know that any names were put upon the list of rateable polls from any corrupt or improper motive. I have no reason to believe that either of the selectmen acted from any other than a desire to discharge their duty with fidelity in making said list.

19. By same-same as 17.-Was it contended by you and one other selectman, that you had a right to judge from what you knew of an individual, where his home was and whether he was absent for a temporary purpose, or had finally left the place, and to act upon such knowledge? As if a man was absent teaching school, or laboring for the season or the like?

Ans. It was.

20. By same. Did you consult any person in whose judgment you had confidence in relation to your right and duty as se lectmen to place upon the check-list or the list of rateable polls the names of such persons as you believed from your personal knowledge or credible information were absent from the town for temporary purposes only with the intention to return? and whom? What opinion did they give you?

Ans. I did in regard to the rateable poll list. I consulted with David Steele, Esq. of Hillsborough. He gave me his opinion that we had a right to put upon the rateable poll list the names of those who were absent for temporary purposes.

21. By same.. Did you believe from what you knew of the several persons whose names are mentioned in the memorial now before the committee, or what you were informed by credible per sons, that they had their homes in Henniker and were absent with the intention to return?

Ans. I think I did.

22. By same.-Did you know or had you heard that Silas Dutton ever claimed to be an inhabitant of Nashua till about the last November election?

Ans. I do not recollect hearing any thing said about it, there might have been, but I do not recollect it.

James Caldwell sworn.

23. By same.-Are you the Town Clerk of the town of Henniker the present year? Are the documents offered by you the original check-list' used the last annual meeting, and the original list of rateable polls prepared by the selectmen after the last annual meeting?

Ans. I am the Town Clerk of the town of Henniker the present year. The documents offered by me are the original checkliss used at the last annual meeting and the original list of rateable polls prepared by the selectmen after the last annual meeting.

24. By same-Have you examined the list of rateable polls prepared by the selectmen of Henniker after the last annual meeting? Are the names of Jesse Webster, Hiram Rice, John Stuart, 2d, Josiah Childs, Jr., Thomas Craig, and Enoch L. Childs inserted on the list? Are they upon the check-list used at that meeting? Did either of them vote at that meeting?

Ans I have examined the list of rateable polls prepared by the selectmen of Henniker at the last annual meeting. The names of Jesse Webster, Hiram Rice, John Stuart, 2d, Josiah Childs, Jr., Thomas Craig and Enoch L. Childs are not inserted on that 1 list. Their names are on the check-list used at that meeting.— Jesse Webster voted at that meeting, the others did not.

25. By same. Did Joshua D. Hemphill vote at the last annual meeting in Henniker?

Ans. He did.

26. By the Chairman.-How many names are on the rateable poll list, which was filed with you as Town Clerk of Henniker within one week after the last annual election? and how many on the check-list used at that election?

Ats. 448, I believe, on the rateable poll list and 440 on the check-list.

27. By same. At the last annual election in Henniker was there any objection to any person's voting, who appeared at the polls and offered to vote for Representatives?

Ans. I do not recollect of any.

28. By same.-Did Robert Wallace vote at the last election for Representative, if so, how many times?

Ans. He did vote for Representative six times.

29. By same. How many ballotings were there for each Representative at the last annual election in Henniker?

Ans. There was one balloting for the first Representative and five for the second.