the office of Representative in Congress; read so that the commissioner may take it down.

(He reads it.)

A. For the office of Representative in Congress, 5th district, there were 190 ballots cast, of which James Wilson had 123, Benj. T. Frederick had 60, and David Platner had 7.

Q. 46. Upon the recount of the votes you find an error of one ballot less than were returned for Mr. Wilson, did you not?-A. Yes, sir, I believe so; one less.

Cross-examination:

Q. 47. You also find on the recount one less number of ballots than there were persons voting on the day of the election, didn't you?-A. Yes, sir, I think so.

Q. 48. In taking the number of votes for Wilson, the number of votes for Frederick, the number of votes for Platner, and the number of blanks upon which the voter has shown by the ticket he didn't vote for Congressman, their sum makes one less than the number of voters on the day of the election, does it not?-A. I haven't added them up; I have counted them but not added them up.

Q. 49. Please do so as shown by the count to-day.-A. I find one vote short.

Q. 50. You also find one vote short for Wilson, by the return made?—A. Yes, sir. Q. 51. Didn't you conclude then that the ballot that is lost, that does not appear as a vote for Wilson and makes this error?-A. Yes, sir, I do; I think that that vote was counted for Mr. Wilson.

Q. 52. If that vote was here it would make the number of ballots correspond with the number of persons voting, would it not?-A. Yes, sir; if that vote was counted; that vote has been counted, has it not?

Q. 53. No, sir; I am not talking about that now.-A. I understand you now; if that vote was counted, it would make the ballots correspond with the poll-book.

Q. 54. It would make the number of votes for Wilson as he has returned in the returns of the election.-A. It would not change it any.

Redirect:

Q. 55. What vote do you mean, that the last ballot voted was a Republican ballot↑— A. I don't know which one was last.

Q. 56. Or did you mean that if this vote was scratched and counted for Wilson he would have one more?-A. I think that that one vote was counted for Wilson.

Q. 57. That the vote that you now referred to the commissioner, which at the election was counted for Wilson and have it marked exhibit, now is this the ballot, the one you believe to have been counted on the day of the election for Wilson ?-A. I think that it is.

Q. 58. And the vote that is short from the box was Democratic ballot; would you remember it?-A. That is my understanding of it.

Q. 59. You may now present the ballot to the notary and have it attached and made a part of this return in this matter, and have it marked Exhibit "H."-A. We have already used "H."

Q. 60. There was a Democratic ballot thrown out on the day of the election, was not there 1-A. Yes, sir.

Cross-examination :

Q. 61. When you speak of the absent ballot being the one that was counted for Wilson, you had reference to this one being erased marked just now, and placed on evidence?-A. I think that is the one we had some ques. about whether or not it was scratched.

Recross-examination:

Q. 62. Do you know to your own knowledge whether or not the ballot now as an exhibit was counted for James Wilson?-A. I do not.

Q. 63. Now do you know what name for Congressman was upon the ballot that was thrown out as you have testified?-A. I do not know.

Q. 64. In this the particular ballots found to-day upon the count taking into account these blank ballots make one less than the number of names upon the pollbook, and you also find one less for Mr. Wilson to-day than you found when you made the count on the day of the election the return by you as clerk, did you not agree that the ballot that was thrown out to have Ames Wilson's name on it for Čongress-A. I can't say as to that; I don't know what name was on.

Q. 65. If it had it would make his vote the same as the return by you, would it not? A. Yes, sir.

Q. 66. It would take this ballot, would it not, to equal what you found in the ballot-box-A. Yes, sir; it would take that one.

Q. 67. Taking this one out from among the blanks leaves this one short, does it not?-A. Yes, sir; I think that it does.

Q. 68. Who handled the ballots that were counted on the day of the election —A.

I think Mr. Kile was the one who took the ballots out of the box; he counted them, I think; any way he looked them over; handed them to Mr. Larmore; Mr. Cooney called the names.

Q. 69. Who besides yourself kept tally?—A. Mr. Sullivan.

Q. 70. Did your tallies agree on the day the count was made?—A. Yes, sir; Ithink they did.

Q. 71. Has this box been locked?-A. No, sir.

Q. 72. Has this ballot-box been in a position or situation where it would be impossible for any one of them to have taken a ballot from the string since the count was made-A. No, sir; it is possible that such a thing would be.

Q. 73. You are not prepared to say that no one has taken a ballot out of the box since the day of the election?-A. No, sir; I can't say that, but I don't think that it has been so.

Q. 74. It might have been without your knowledge?-A. Yes, sir; it might.

Q. 75. Was the box kept in the public store building?-A. Yes, sir.

Q. 76. Was it where the public had access?-A. Yes, sir.

Q. 77. Have parties been in your store in your absence?-A. Yes, sir.

Q. 78. Did you know of any talk about what the box contained, and since this contest?-A. No, sir; I didn't.

Q. 79. How did you come to be subpoenaed as a witness here?-A. I don't know. Q. 80. When were you subpoenaed; by whom?-A. I don't know by whom; Mr. Frederick, I suppose.

Q. 81. You knew nothing of any claim being upon you that there was a less number of ballots and voters until you came here to-day?-A. No, sir; I did not know.

Q. 82. Did you know for what purpose you were to be subpoenaed here to-day ?—A. No, sir; I did not know; I judged though. There was a question asked me awhile ago about there being any talk between us shortly after the election in my store, something about a vote not being counted that ought to have been counted, I forget that. I believe there was a talk in our own store. What parties were in there for awhile, I do remember one, however.

Q. 83. Do you know who talked about it?-A. No, sir; I can't tell you. That is the only talk I know of, except on the night of the election when the votes were being counted; there was quite a number of people in there.

Q. 84. Were you ever asked anything about this missing ballot, of your knowledge, when they told you to come here to-day ?-A. No, sir; I don't think I was ever asked that ques.

Q. 85. Did you say to any one that there was a ballot that was not counted or thrown out on the day that the count was made since the election ?—A. I don't know of this talk you speak of.

Q. 86. Then, so far as any knowledge you have communicated to any one, there would be no reason to suppose there was a ballot not counted or thrown out at the time the canvass was made ?-A. No, sir.

Redirect:

Q. 87. What was the substance of the talk, immediately after the election, that you had in the store about the ballot being thrown out?-A. Well, I can't tell you; the question was sprung, but there was a ques. among the trustees whether that vote should be counted or not; I think I made the expression that the votes should have been counted, that there was one in favor of counting it and two against counting it. I thought it should be counted in; we studied over the matter; that is the substance of it.

Q. 88. You know that ticket was a Democratic ticket?-A. They said that it was; that is my understanding of it.

Q. 89. On the day of the election, at the time it was being counted?-A. Yes, sir. Q. 90. You understand that; you understand it to be a Wilson ballot did you?-A. No, sir; I understood it to be a Democratic ticket. I don't know what name was on it for Congress.

Q. 91. Did you see the ballot yourself?-A. I saw it as they read it in their hands. Q. 92. And you determined whether it was a Democratic or Republican ticket?— A. I cannot tell you from my own knowledge.

($1.60 paid as fee by contestant.)

STATE OF IOWA,

Benton County, 88:

H. G. LAMB.

A. KILE, being produced and sworn before G. W. Burnham, notary public for Benton County, on this 15th day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant and Nichols & Burnham on the part of contestee):

Q. 1. What is your name, place of residence, and occupation?-A. I live in Cedar Township; I am a farmer by occupation.

Q. 2. What county and State?-A. In Benton Co., Iowa.

Q. 3. Were you one of the judges at the November election, 1882?-A. Yes, sir. Q. 4. Did you assist in canvassing ballots cast at that election for the office of Representative in Congress?-A. Yes, sir.

Q. 5. You may state if there was a ballot in that election in the box that was thrown out.-A. There was.

Q. 6. What was the ballot, Democratic or Republican ballot?-A. It was a Democratic ballot.

Q. 7. You may state whose name was on it for Representative in Congress ?-A. To the best of my knowledge Mr. Frederick's name was on the ballot.

Q. 8. Was the ballot strung with the other ballots in the box?-A. I cannot say. Q. 9. Did you find out about it?-A. I tried to find out, but I didn't find out, and didn't any one here who knows; if I did perhaps I could.

Q. 10. Don't you think you could-A. The township ticket on the ballot was blank; I noticed that before it was put in the box, and the count was sprung after the ballot was put into the box, whether it was legal or not. The township ticket was separated from the main ticket; it was laid on the top of the township ticket; I passed it open to the judge and he received it and held it in his fingers this way, and asked the voter whether he should put it in ; whether he wanted to vote that ticket; I cannot tell which he used, but he said, yes; I think thereupon he folded it up and put it in the box; the judge and I both took pains to find out whether he wanted to vote it or not, and this is what the dispute was about.

Q. 11. Now, that ticket was not strung with the other ballots in your judgment, was it?-A. I didn't attend to that part; one of the other judges tended to the stringang; whether he strung that ballot I cannot tell.

Q. 12. Did you assist to-day in counting the number of ballots in the box?-A. Yes, sir.

Q. 13. Did you find this ballot with this township ticket on it ?—A. Yes, sir.

Q. 14. You didn't find it with the township accompanying it ?-A. I cannot identify it to-day.

Q. 15. Is there one ballot short of the number of voters found on the tallying list? -A. I do not think there is. I think that it balances with the tally-list.

Q. 16. Will you look at the number with the clerk? How many votes did you find by your count to-day that were cast for James Wilson?-A. I should have to refer to the poll-book; but I think they corresponded.

Q. 17. I mean from the count to-day made in your presence here?—A. 123, I believe.

Q. 18. Are there 123 for Wilson to-day?-A. As many as that.

Q. 19. You do not know how many were counted for Wilson to-day, do you?-A. I think 123.

Q. 20. Let me count the Wilson ballots, and see whether 122 or 123 here, as the tallylist shows. You may refresh your memory.

(Witness examines the papers.)

Q. 21. What do you see?-A. 123 I see.

Q. 22. Let me count the ballots, and see whether you find it?—A. If you will allow me to explain it.

Q. 23. Yes, sir; go ahead and explain it.-A. There is a blank in there that was not counted for Mr. Wilson on the night of the election. I cannot show you the vote, but you know that ticket was not counted; it was returned as scratched. We had a dis. about that; I used specks, and I did not trust my specks, and held it to the light; and there was a good many present, but I could see the pencil mark.

Q. 24. Is this the one --A. Yes, sir; here it is; I could tell it when the light shone on it; there was a lead-pencil mark. I claimed 123 with this one.

Q. 25. Without that, only 122-A. Yes, sir; that is, as near as I know.

Q. 26. If this other Democratic vote was counted that was not counted there would have been 61 ballots for Frederick, would there not?-A. Yes, sir; to my understanding.

Q. 27. Did you say you saw the voter when he voted that particular ticket, and that he voted it with the township ticket blank, and the balance of the ticket a printed Democratic ticket?-A. Yes, sir.

Q. 28. And the judges received that ballot; one of the judges rolled it up, knowing that the township ballot was detached from the ballot?-A. Yes, sir.

Q. 29. And that these same judges refused to count that for the office of Representative in Congress?-A. Yes, sir.

Q. 30. It was not counted on that night, and that causes a discrepancy between the ballots and the box, does it not?—A. I think so; my understanding that it did not correspond; and one of the clerks made the remark, I cannot account for that, and that was thrown out.

Cross-examination:

Q. 31. So that vote was thrown out?-A. It was claimed that it was illegal; that it was not voted if there were two separate tickets.

Q. 32. Two tickets folded up together?-A. I will show you how they were presented; I have a few of the tickets in my pocket. (Witness produces some tickets from his pocket.) Here is a blank Greenback ticket; don't matter, as I can explain it just as well with that. (Explains it.) Now, here is the township ticket; this is the blank. Now, I had another ticket which was like this; he held it right up on there that way and passed it to the judges; he received it, and asked whether he wanted to vote it or whether he should put it in. He said yes, and then rolled it up and put it in in place of the blank, and put this on top; yes, in this way, and handed it to the judges. The question came up, is that legal, and two of the judges decided that it was not legal, and it was rolled up.

Q. 33. Then the vote that was thrown out had another ticket and a part of a ticket rolled up inside, and one of the judges took it from the ballot-box; didn't he ?—A The judge rolled it up; I identified it. I watched that there was no other like it.

Q. 34. Do you know whether the township ticket that was rolled up inside this Democratic ticket, or places for the same office?-A. The township part, you mean? Q. 35. Yes, sir.-A. Whether they were the same tickets?

Q. 36. Yes, sir; on the main ticket, that was on the township ticket?-A. No, sir; no other names on it; no other names on the main ticket in the township offices.

Q. 37. Did you surely put both Democratic ticket and the township ticket together? You rolled it up inside the Democratic ticket?-A. We did not throw them out at all; we kept them in the box till the last night, when we were stringing them; they were then passed to another judge; whether he strung both of them I cannot tell; I found one to-day that I thought is the one.

Q. 38. Will you find that one that you think was strung?

(Witness examines the ballot-box.)

A. This is the one, or one of those like it, that was rolled up.

Q. 39. Did you, then, to-day, count this blank in making what you called 195 votes found?-A. It seems kind of that way.

Q. 40. You counted this part which you say was rolled up in the Democratic ticket to-day, which makes the number of ballots found 195, did you, if you counted that as a blank?—A. Well, it seems to correspond. It seems to me that the ticket was counted, and it of course would be counted there.

Q.41. Then, if you counted the township part on that ticket which you say was found rolled up in the Democratic as one ticket as one ticket, the number of ballots. should correspond, should they not, with the number of names?-A. It seems so, but it was not counted that night, that I recollect. Neither of these tickets were counted. Q. 42. You found it here to-day?-A. It seems to correspond with the number of tickets.

Q. 43. Then if there is one less vote for Wilson than you found on the night of the election, how do you account for that discrepancy, and also the fact that there is one less. ballot to-day than there were voters, if you count this township ticket as one ticket?— A. It seems to me that it does not change Mr. Wilson's votes at all.

Q. 44. Must you not, then, conclude that the Wilson ticket had been taken from the ballot-box in order to make this mistake or to account for this mistake?-A. I didn't say that. Now, I handed you the ticket marked Exhibit H.

Q.45. I ask you whether or not that ticket was counted for Wilson on the night of the election?-A. I say that it was not counted.

Q. 46. Mr. Wilson had 123 votes without this being counted on the night of the canvass?-A. I would not say that positive. I do not think that was counted, for when we compared the votes there was one more for Wilson. We tried to rectify it. I remember that that vote that was thrown out made it balance.

Q. 47. When you made the comparison and found one less vote than voters, as shown by the poll-book, did you take into account either the township ticket or the Democratic ticket in which it was wrapped up?-A. Neither of them.

Q. 48. You now find the township part of that ticket in the box to-day ?-A. Yes, sir, I think I do.

Q. 49. Isn't it probable that the Democratic is here?-A. Yes, sir; it may be here, but I cannot identify it. I think that I could if I could see it. I do not know whether it was here or not. I don't believe that it is here, honestly.

Q.50. What is your judgment as to the count that was made on the night of the election? Was it correct or not?—A. My judgment was that it was correct. We were all satisfied that everything was right, with the exception of that one ticket that was rolled up.

Q. 51. That night, as I understand it, you did not take into account either of these two tickets that were rolled up?-A. No, sir.

Q. 52. In throwing both out you found a discrepancy of one ballot?-A. Yes, sir. Q. 53. If one of these ballots are here to-day and there is still a discrepancy, how

do you account for that?-A. I only counted for the loose ticket; it is not here and it is not counted here; if this count is as I think it is; then the one that was rolled up was counted to-day, but there is a little more to that; I would not remark very positive that such is the case; it was a ticket just like that; there are other tickets here that it would fit, but there are tickets voted with the township ticket that was not voted at the same time; I do not think that that has anything to do with this case. Q. 54. How many votes did you find and count, how many ballots did you find and count them for Wilson on the night of the election?-A. Well, my understanding is 123.

Q. 55. Do you think it was possible that any mistake was made in the count ?—A. I was satisfied at the time that there was no mistake made.

Redirect:

Q. 56. You did not count the ballots on the night of the election, did you, any further than call them?-A. I counted them from the books, and one of the judges counted them too, and thought that the clerks kept a correct account. We compared afterwards and counted the tickets, and every one of the judges counted them and they corresponded.

Q. 57. There was one ticket there that was a Democratic ticket that was thrown out?-A. It was supposed so.

Q. 58. After that Democratic ticket was any other name than Frederick's on making 61 votes in all?-A. Does the book appear to show that there were 60 cast on the night of the election?

Q. 59. Yes, sir.-A. Then he should have had 61.

Q. 60. Wilson appears to have had one more if that one is counted?-A. Yes, sir. Q. 61. Wilson appears to have had one more vote counted to him than he would have had unless you counted that scratched ticket?-A. Without that ticket that was counted that night?

Q. 62. Let me ask you if there were any other persons that voted a township ticket without any other?-A. I don't remember of any such vote occurring.

Q. 63. Cannot this township ticket you refer to have been attached to some other ticket at the same time it was voted before separately?-A. It might be.

Q. 64. You do not pretend to say that this township ticket that was thrown out is a -?-A. No, sir, but a ticket just like it; I think that it was the same ticket; I am not positive of that.

Q. 65. This ticket that was thrown out was a Democratic ticket with Frederick's name on it, with township ticket blank, and township ticket when it was passed to the judges by the voter making one entire ticket only, if it had been attached?—A. Yes, sir; one entire ticket in two separate tallies.

Q. 66. It was received by the judges, and the judge threw it out?-A. Yes, sir. Q. 67. You only find 122 ballots with Wilson's name now in the box; did you accept that scratched ticket (referring to Exhibit H)?—A. I did not count in these two tickets that have been counted here, I understand you 122, and threw that one out; I claim that that ticket was thrown out the night of the election.

Q. 68. The same number of ballots appear in the ballot-box that were put in on the night of the election; when you came to compare the ballots, you then had one short-A. Yes, sir; the whole number of votes polled.

Q. 69. Without throwing out this Democratic ticket, if you had counted that it would have made your list full?-A. Yes, sir; it would have.

Q. 70. Then suppose on the night of the election the clerks had counted one of the too many votes for Wilson, would not that make your count correct with the count to-day, not counting these scratched tickets?-A. It seems so.

Q. 71. Who was the other clerk of the election besides Mr. Sunderland, and where does he live?-A. I don't know; I think he lives in Cedar Township.

Q. 72. Were the members of the board of the election, the clerks in that township, all Republicans?-A. Yes, sir.

Q. 73. Do you remember the name of the voter that voted that ticket that was thrown out? A. Yes, sir.

Q. 74. Who was he?-A. His name is Mr. Hatch; I don't know his given name; he was a young man.

Q. 75. The judges did not tell him that they would throw that ticket out if he voted it that way?-A. I was not there at the time of the dispute.

Q. 76. They did not tell him at the time he voted it that it would be rejected because he did not have that attached ?-A. No, sir.

Q. 77. Did you see the ticket after it was voted that night, that double ticket?— A. Yes, sir; I saw it, and I saw the heading of the Democratic ticket, but that is all I saw till after it came out again; then the other judge found it and passed it to me; says he, "here is his ticket;" he identified it, and I found it just as I thought that it

was.

Q. 78. You regarded it as a double ticket, and threw it out on that account; that