Year: 1860

vs.


u. Sauerwein, George I'll. Kyle


and Charles ID. Kinks.


TESTIMONY OF DIR. II. W. BAXLEY


DR. H. Willis Baxey, witness of lawful age produced
on the part of the contestants, duly sworn.


Question.-Were you November ID 1859 at the
polls of the fourteenth ward how often during the day
at what hours, and what did you there witness?


Answer live in the fourteenth ward and voted on
November I'd 1889 Immediately upon the opening of the
polls with considerable difficulty owing to the press and
crowding was satisfied foom the circumstances attend
ing my voting that it was the deliberate design Of persons
there to create difficulty and prevent free access to the
polls, in consequence of which, as had voted
left the premises my way home, recOllectino that
had patient at the Gen Wayne Inn diagonallv opposite
to the fourteenth ward polls and sixty or seventy
yards distant returned to see the patient and yben
about to enter the front door looked IN tbn e
the polls and observing surge of the crowd backward
from the polls stopped under the impression that trouble
was about to enSue almost instantly there was dis
charge of arms and in rapid succession some thirty
forty discharges: at the commencement of these OBJ
served man fall from the curbone the gutter as if
shot the crowd scattered in different directions that
could recognize individuals once saw Gregory Bar
rett man known to Gregory Barrett at least in
the act OF hrinS revolver saw him fire three times
of his shots taking effect in Daniel Duffy another
in Mr.. Stiles did not recognize the third person he
shot at Immediately upon discharging the third barrel
of his pistol, witnessed by me n police officer
approached him. whom Gregory Barrett took bv the ap
pei of his coat and pointing with his pistol the
house into which Duffy had escaped they both went in
the direction of the house; at the door and before enter
ing something was said by the police officer to Barrett
but


presumed it to he direction to put up his pistol as he
instantly put it away under the skirt of his coat few
moments elapsed when they out Of the house to-
geher and passed in the direction of the polls followed
at short distance by another police officer whose num-
Der 22 perceiving that Barrett not in custody
but that the police officers were acting apparently in com
plcy with him. crossed the street. and said to No 223
that it must be apparent him that Barret was armed
and attempting to take human life and that it was his
duty to take him into custody Immediately upon which
he looked me sernly in the face and replied You be
damned attend to your own business my professional
attendance was forthwith called to several persons who
mad been wounded 10 the aray and ceased to take any
further personal interest in the time; did
not return to the polls until about between three and four
O'Clock, J. NJ, when went into the neghborhood on
professional visit and finding that the ReOrmers had re
tired from the polls, and standing nearly square
distant, inquired why it was and informed that il
worth as much mans life to stand at the polls
with Reform tickets and that Reformer the four.
eenth ward dared to do IT, did not choose that tbat do
claraon should be made with truth long resided
in the fourteenth ward, and taking tickets went
to the polls to solicit votes for the first time in my life
met rudey by two three persons the pavement
and asked intended to vote that ticket replied that


had voted already and regretted that could legal
y vote again but hoped TO be able to induce
to vote it before left whereupon laugh Of dersion
companied by profane denunciaton of the Reformers
clearly satisfied that of less myself
would dare to undertake it, failing in my purpose
remaining from fifteen minutes half hour and after


manifestation of my rights freeman left to attend
to the discharge of my professional duties; whilst
at the polls the crowd called out that should
the Reform ticket


THE NOVEMBER ELEcTION-DoINGs IN TWELFTH WARD


OPINIONS OF A CANDIDATE FOR STATE SENATOR ON TIE


DUTY OF THE POLICE.


Peter G. sauerwein, witness of lawful age, produced
on the part of the contestants, duly sworn.


Question. Are you a merchant, doing business on
Howard street. in the city of Baltimore and you
November End 1859, legal voter of the twelfth


Answer. ! do business a merchant on Howard
street, and that day legal voter of the twelfth
ward


The polls were obstructed nearly the whole dav by
persons in the interest of the American party almost
Immediately after the opening of the polls man named
Boyle a nominee by the American party for the City
oD1I
polls and behaved in violent and outrageous manner
threatening the judges &C. supposed there would
voting that day in consequence of their action, but po


lice officer by the of George II. F. Bailey declared
his intention to fair voting; he succeeded queling
the tumult to some extent with great deal of difficulty
he was much resisted by Boyle and his associates Bailey
remained at the polls for about two hours; he
stany opposed whilst there by persons in the interest of
the American party and was compelled to use strong
not like to get in their votes; satisfied that without
his nstrumenality there would hav been no possibility
Of any considerable number of persons desi-
ring to vote the Reform ticket, getting in
their votes chaengers of the American party leave
the window repeatedly, and down into the crowd
strike persons who were coming up to vote after Bailey
withdrawn am satisfied that person at all voted
except by the suerance of rowdes protesting to belong
to the American party, except during short inter, ais
particularly about dinner time; foreigners excluded
before they came the polls men whom know to be
backguards kept both sides of what should have been
gangway and closed up Immediately on the approach Of
any whom they did like. sometimes they would
back up against the window and in other ways too uu
to mention they kept legal voters back early in
the day, when saw struck and kicked, crossed
the street to number of policemen standing there,
and requested their interference they said they had
der to arrest no one without particular orders from their
sergeant; asked where he was; he pointed
distant corner; l, with several other gentlemen
to him and made statement of the difficulties at the
POLLS and asked for his interference he said his ntruc-
tons were not to be at the polls to keep away from the
polls and the others offered to make affidavit the
fact of men being beaten for attempting vote he said
he would not arrest any the affidavit of the best
in the city of Baltimore he also refused to come
the DOlls when do and
of him. later in the day Mr. Coleman Yelott tone the
canddates after voting went to group of policemen
who standing distance from the polls; ap
preached and said to Mr.. Yellot that those policeman
negectng their duties by remaining absent from
the polls, while much violence was being practced he
replied, they did no more than their duty, that by
act of Assembly the military forbidden from ap
preaching the polls election day under heavy penal
and he difference between the military and the
police; John Gambrll ourishing awl in the pres
enc3 of the judges.


THE TRAGEDY IN THE FIFTEENTH wARD-AssAuLT ON


THE MEssRs. KYLE.


George Fl. Kyle, witness of lawful age, produced on
the partof the contestants, duly sworn.


Question. Were you on November I'd 1889 a resident
and legal voter of the fifteenth ward of the City Of Balt
more?


Question. Did you 20 to the polls of that ward
day fso what hour, how long did you remain there,
and what occurred while you there?


Answer. went to the polls at hafpast eight o'clock,
A. NJ and within two feet of the window; remained
there about five minutes, with my brother; ! had
bundle of tickets under my arm, and one man
walked up to me and asked me what it that |
had told him. tickets; he made snatch at them and
avoided him and turned round; turned, heard my
brother say, ~ am struck, George at the time
brother raise his stick and STRIKE one the
same suppose, had struck him: at that moment |
head, which would have knocked down, but the
crowd which had gathered around thirty forty
in cluster, dense, that was, it were, kept
up. After ] received this blow, | drew dirk knife,
which had in my pocket, with which endeavored to
strike the man. who, as supposed, had struck me- then
felt apistol placed right close my head, that felt
the cold steel upon my forehead; at that made


little motion of my head which caused the SHOT of the
pistol to glance from my head my hat showed afterwards
the mark of bullet, which supposed TO have been from
that shot, the discharge Of the pistol which blew of
large piece of the skin of my forehead and covered nv
brother in the middle Of the street about from
surrounded by crowd who striking at him and
firing pistols all around him; he knocked down twice
and at time, while he was down, saw two jump
his body and kick him. he had other weapon his
hand than his stick; in the meantime drew my pistol
and fired into the crowd which Immediately in front
of me, every man Of whom seemed to have
pistol in his hand and was firing as rapidly
as he could; in this crowd there fully from
forty to fifty persons at the secondstory windows
of the Watchman Engine-house building, in which the
polls held cut off muskes large pistols protrud
ing and observed smoke issuing from the muZzles as
though they being fired at me- | then turned to-
wards nv brother and endeavored to get to him when
within a few feet of him him fall placing his hand
his groin as if badly hurt; at the moment shot
struck in the shoulder which went through my arm
and penetrated into my breast from the direction the ball
took satisf ed that the shot fred from the Sc
cond story of the house; when got brother
Stlll lying on the ground Immediately opposite the
door OF the house into which he afterwards managed to
get supposed that he dead and transferred my pis
tol from my right hand which disabled to my left
hand and holding it in front of backed down towards
Lee street, the crowd following me- backed in that
way, just got near Lee street. fellow with
musket from under shed, and pointed my pistol at
him which made him change his position altle; as
continued back off brick struck in the breast and


fell Just at that moment the musket was discharged
and the ball whzzed was falling; while I
retreatng, the crowd firing at me constantly
when arose there further trouble offered to me
and in few moments some one came up with whom |
went Off, there wereieven bulleholes in my the
coat was cut as II by knives in various places the


looms had also the appearance of having been cut nv
lets; during all this time no police officers and II
was only when ! was on my way home that an officer
came up ana asked me my name; my brother died that
evening from the effect OF injuries received there


Question Were your brother and yourself totally alone
while this attack going on?


Answer We were; we went together and remained to
gether and alone.


WARDEN OF THE PENITENTIARY AT THE THE


FOURTEENTH wARD-GREGoRY BARRETT AND HIS CLUB


Charles D. Kinks, witness oflawfu age, produced on
the part of the contestants duly sworn, deposes


Question Were you on November "a, ioos resident
and legal voter the fourteenth ward OF the city OF Bal
timore2


Oneston Did YOU go the polls of that ward that
day if So what hour did you and how long did you
remain thereY


Answer | went there at about halfpas eight O'Clock,
A. H. and remained there until near noon.


Question Was there any obstacle to free, full, and
fair expression of the will of the voters at that ward
that day So wt the character and extent of such
obstacle?


Answer. There was undue and unnecessary crowding
the part of the Rip Raps American club who col


eced around the window at the opening of the poll there
much threatening language used by them, of char
acer calculated to ntmdate of the Reform ticket