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Int. 2. How long have you resided in Taylor Township?-Ans. Eighteen years. Int. 3. Are you a citizen of the United States?-Ans. Yes, sir.

Int. 4. Did you vote at the gen'l election in Nov., 1882, in Taylor Township for the office of Representative to Congress; and if yea, who did you vote for?-Ans. Yes; Benj. T. Frederick.

Int. 5. What time of day were you at the polls?-Ans. I came between eight and nine.

Int. 6. Had Bill Steward commenced counting the votes then?—Ans. I didn't see him counting the votes while I was there.

Cross-examinati

X Int. 1. Did you vote straight Democrat ticket?-Ans. I did.

X Int. 2. Did you look at each name upon it before voting?-Ans. It was a ticket I got of my father. I saw Frederick's name on it.

X Int. 3. From your las answer do you wish me to infer that you did not look at any other name nan Frederick's?-Ans. I seen the whole ticket, and probably looked at it all, but I do not remember any names now but Frederick's; am certain it was a Democratic ticket.

X Int. 4. Your father did not ask you to vote the straight Republican ticket except Frederick, did he?-Ans. I voted as I pleased; he asked me nothing. He knew how I voted.

X Int. 5. How long did you remain at the polls?-Ans. I came between 8 and 9, and staid till twelve o'clock.

D. C. ERNST.

Subscribed and sworn to before me and in my presence, by the said D. C. Ernst, this 15th day of Feb'y, 1883. [SEAL.]

CASSIUS M. NORTON, Notary Public in and for Marshall Co., Ia.

ANTON ESTEL, of lawful age, being produced, sworn, and examined on the part of contestant, testifies as follows:

Int. 1. State your name, age, place of residence, and occupation.-Ans. Anton Estel; 48 years; reside in Taylor Township, Marshall County, Iowa; am a farmer, Int. 2. How long have you resided there?-Aus. About four years-a little over. Int. 3. Are you a citizen of the United States?-Ans. Yes, sir.

Int. 4. Did you vote at the Nov. election, 1882, in Taylor Township, and if so, for whom did you vote for, for office of Representative to Congress?-Ans. Yes, I voted for Benj. T. Frederick.

Int. 5. What time of day were you at the polls, and how long did you stay?—Ans. I went between eleven and twelve, and staid about fifteen minutes.

Cross-examination:

X Int. 1. Did you vote a scratched or erased ticket, or a straight one?—Ans. Straight.

X Int. 2. Was it a straight Democratic ticket?-Ans. Yes, it was a straight Democratic ticket.

X Int. 3. Who gave the ticket to you?-Ans. I believe Mr. Melton gave it to me. X Int. 4. Who was present when you voted ?-Ans. Mr. Ernst, Mr. Melton; that is all I recollect.

X Int. 5. Did you look at each name on your ticket?-Ans. I don't know as I did particularly, but I looked particularly about Mr. Fredrick's name.

X Int. 6. Did Mr. Wm. Ernst give you the ticket that you voted ?-Ans. No.

X Int. 7. Was he in the room when you voted?-Ans. Yes; he was sitting alongside of me.

X Int. 8. Was your attention called to the name of Fredrick on your ticket by any one; if so, by whom?-Ans. No, sir; by nobody.

X Int. 9. Who did you vote for for judge?—Ans. I don't recollect now anymore. ANTHONY ESTEL.

Subscribed and sworn to before me and in my presence by the said Antony Estel, this 15th day of Feb'y, A. D. 1883. [SEAL.]

CASSIUS M. NORTON, Notary Public in and for Marshall Co., Iowa.

J. M. WEBBER, being produced, sworn, and examined on the part of contestant, testifies as follows:

Int. 1. State your name, age, place of residence, and occupation.-Ans. John M. Webber, aged 51 years, reside in Taylor Township, Marshall Co., Iowa; by occupation a farmer.

Int. 2. State how long you have resided in Taylor Township, Marshall County, Iowa.-Ans. About sixteen years.

Int. 3. Are you a citizen of the United States?-Ans. Yes.

Int. 4. Did you vote at the Nov. election, 1882, in said Taylor Township, for the office of Representative to Congress; if yea, for whom did you vote?-Ans. I did; I voted for B. T. Frederick.

Int. 5. State what time in the day you voted.-Ans. About four o'clock in the after

noon.

Int. 6. State whether the ballot-box was open or not during the time the board of election was receiving the ballots of the electors?-Ans. It was open while I was there.

Int. 7. How long were you there?-Ans. Probably an hour and a half.

Int. 8. What time did you get there ?-Ans. I think it was about four o'clock. Int. 9. Was there opportunity for parties who felt so disposed to "stuff" the ballotbox and change the votes, particularly those that had control of it?-Ans. Yes, sir; I do, I think so.

Cross-examination:

X Int. 1. What were the judges of election doing while you were there?-Ans. Most of the time they were receiving and counting out votes.

X Int. 2. Were they counting when you got there --Ans. That was about the first I saw of them; I think they was, the ballots were open.

X Int. 3. Had they just commenced to count when you got there?-Ans. I could

not say.

X Int. 4. Did they continue to count while you remained?-Ans. Yes, most of the time.

X Int. 5. Did you remain till the poll closed?-Ans. No, sir.

X Int. 6. How many votes were polled while you were there?-Ans. I could not say,

sir.

X Int. 7. Can't you tell approximately? Come as near as you can.-Ans. I should say twelve or fifteen; somewheres near that.

X Int. 8. Did you see any ballots taken out of the box except for counting ?—Ans. I ain't sure as I did, but it seems to me they took out one vote, Mr. Horner's vote, to look at it, but I won't be positive.

X Int. 9. Did you see any ballot changed by anybody?-Ans. I believe not, sir, if I understand the question.

X Int. 10. Were you there when Mr. Horner voted?-Ans. Yes, sir.

X Int. 11. Was Mr. Horner there when you think they looked at his ballot ?—Ans. I think he was.

X Int. 12. How came the question of his ballot to be raised ?—Ans. He went to hand his ballot and Mr Steward wanted to look at it before he put it in; there was some talk then, some saying "Shove it in," and they hesitated somewhat before putting it in.

X Int. 13. Who was it that insisted that it should not be looked at ?-Ans. Mr. Wm. Ernst, I believe.

X Int. 14. Did Mr. Horner say anything about it; if so, what?-Ans. He insisted in putting that ticket in that he first handed to him.

X Int. 15. What did he say ?-Ans. He said the ticket was all right, and wanted to vote.

X Int. 16. Did Steward want to look at it, or did he want Horner to look at it ?Ans. It appeared that Steward wanted to look at it and drew back and turned a little one side from the polls and that he should take another ticket and vote, from the one he was putting ir.

X Int. 17. Wasn't it suggested to Horner that there might have been a mistake about his ticket, that it contained the name of Frederick instead of Wilson, and wasn't it said that he better see that it was a straight ticket before depositing it?-Ans. There might have been something to that effect said, but Horner knew the ticket he was voting, he knew that Frederick was on the ticket himself.

X Int. 18. Did you vote the Greenback ticket?-Ans. Yes, sir.

X Int. 19. Was Frederick's name printed or written on your ballot ?-Ans. Written. Redirect examination:

R. D. Int. You erased Platner's name and wrote Frederick's in place of it?—Ans. Yes, sir.

J. M. WEBBER.

Subscribed and sworn to before me and in my presence by the said J. M. Webber, this 15th day of February, A. D. 1883. [SEAL.]

CASSIUS M. NORTON, Notary Public in and for Marshall Co., Iowa.

G. P. LUNDSTRUM, of lawful age, being produced, sworn, and examined on the part of contestant, testifies as follows:

Int. 1. State your name, age, place of residence, and occupation.-Ans. G. P. Lundstrum; 47 years; reside in Taylor Township, Marshall County, Iowa; am a farmer. Int. 2. Are you a citizen of the United States?-Ans. Yes, sir.

Int. 3. Did you vote in Taylor Township at the general election in Nov., 1882, for the office of Representative in Congress? If so, for whom did you vote?-Ans. Yes, sir; I voted for Ben Frederick.

Int. 4. That is, for the contestant here?-Ans. Yes, sir.

Int. 5. What hour of the day did you vote, about?-Ans. About between five and six in the evening.

Int. 6. Was the ballot-box open when you voted?-Ans. It was not.

Int. 7. Do you know whether it was opened?-Ans. They opened it a little bit after I voted. I don't know whether it had been opened before or not.

Cross-examination:

X Int. 1. What was it opened for when you were there?-Ans. I suppose it was to count the votes.

X Int. 2. Did they count them while you was there?-A. Yes; they counted some of them.

X Int. 3. Did you see any ballots changed and taken from the box by anybody?— Ans. No; I didn't give any attention to it. I was not inside the house over five min

utes.

X Int. 4. Who gave you your ticket that you voted?-Ans. Mr. Bill Ernst.

X Int. 5. What was it, a Republican or a Democratic ticket?-Ans. It was a Republican turned over to a Democratic ticket.

X Int. 6. What do you mean by "turned over"? How changed or turned over?— Ans. For instance, as if you should print Republican and Democrat in one ticket. X Int. 7. Was it a Republican ticket, except the name of Mr. Frederick ?—Ans. I cannot recollect that, whether it was a Republican ticket or not.

X Int 8. Was Frederick's name printed or written on your ballot?-Ans. it was written.

X Int. 9. Who wrote it?-Ans. I forget whether I done it myself, or Mr. Webber. X Int. 10. Don't you know whether it was a Republican or a Democratic ticket scratched-Ans. I ain't sure, but think it was a Republican ticket

G. P. LUNDSTRUM. Subscribed and sworn to before me, and in my presence, by the said G. P. Lundstrum, this 15th day of February, A. D. 1883. [SEAL.]

CASSIUS M. NORTON, Notary Public in and for Marshall County, Iowa. WM. J. HORNER, being produced, sworn, and examined on the part of the contestant】 testifies as follows:

Int. 1. State your name, age, place of residence, and occupation.-Ans. Wm. J. Horner; aged 22 years; reside in Taylor Township, Marshall County, Iowa; am a farmer.

Int. 2. Are you a citizen of the United States?-Ans. Yes, sir.

Int. 3. Did you vote in Taylor Township at the Nov. election, 1882, for the office of Representative to Congress, and if so, for whom did you vote?-Ans. Yes, I did; I voted for Mr. Frederick.

Int. 4. State what time of day you voted.-Ans. It was between five and six o'clock in the evening.

Int. Did you see the ballot-box open that day while the electors were voting!— Ans. I don't mind seeing it open that day; I saw it open that evening.

Cross-examination:

X Int. 1. After you went to the poll did you remain till it closed?-Ans. I remained there till eight o'clock; they were not done counting votes yet; perhaps later than eight.

X Int. 2. How long did the judges continue to receive votes after you came ?—Aus. I don't think they received any after I voted, that I know of.

X Int. 3. Did any one offer to vote after you?-Aus. Not that I know of.

X Int. 4. How do you know Frederick's name was on the ballot you yoted ?—Ans. I don't really know that it was.

X Int. 5. Did you see his name on the ballot before you voted it?-Ans. I read the ballot, all the names that were on it. Mr. Wm. Ernst gave me the ticket; he said it was a Republican ticket.

X Int. 6. Did he tell you that Frederick's name was on the ticket?-Ans. I don't remember whether he did or not.

X Int. 7. If you did not know that Frederick's name was upon your ballot, how do you know that you voted for Frederick-Ans. Why they had some false tickets there. I don't know why they were gotten up in that way, and they gave me one of those.

X Int. 8. Did you intend to vote for Frederick when you voted?-Ans. No, sir.

X Int. 9. Did you know that Frederick's name was upon your ballot?-Ans. I believe I told you once I was not certain. When I went to the poll, Mr. Steward asked me if I had a straight Republican ticket; I told him I supposed I had, ai d handed it to him.

X Int. 10. Was Mr. Ernst spoken of, the Wm. Ernst who has given his testimony before the notary here to-day ?—Ans. Yes, sir; he is.

X Int. 11. You say you looked at the names on the ticket?-Ans. I looked at the names on the ticket, but being a stranger here I did Lot know Mr. Frederick from Mr. Wilson, and did not know the Republican candidate from the Democrat without being told.

Redirect examination :

R. D. Int. 1. If you read the names on your ticket you knew the name of Benj. T. Fred" erick was on the ticket, didn't you-you knew at the time the names were there?-Ans Not knowing the candidates before I went to the election, I would not know. I presume if his name was on it I read it.

WM. J. HORNER.

Subscribed and sworn to before me, and in my presence, by the said Wm. J. Horner, this 15th day of Feb'y, 1883.

[SEAL.]

CASSIUS M. NORTON, Notary Public in and for Marshall County, Iowa.

THORNTON HUBBARD, of lawful age, being produced, sworn, and examined on the part of the contestant, testifies as follows:

Int. 1. State your name, age, place of residence, and occupation.-Ans. Thornton Hubbard; 67 years old; reside in Taylor Township, Marshall County, Iowa; am a farmer.

Int. 2. Were you at the general election held in Taylor Township in Nov., 1882; and if so, during what time of the day were you there?-Ans. Yes; I was there from a half after two, I think, till a half after four.

Int. 3. Was the ballot-box open or kept open by the judges while you were there; and if so, did you see the ballots that had been deposited by the electors handled by any one; if so, by whom?-Aus. The ballot-box was open when I went there. I see some of the tickets handled by Mr. Steward and passed over to Mr Adua Fogg.

Int. 4. What else did you see that appeared to be irregular?-Ans. I don't know hardly what. Well, the ballot-box while I was there, was shut and three votes received.

Int. 5. Were these ballots that were handled and passed around ballots from the ballot-ox-Ans. They were.

Int. 6. Were the judges discussing among themselves how the several electors had voted from examining the ballots as they were deposited?—Ans. I didn't hear a word to that effect.

Cross-examination:

X Int. 1. Were the judges canvassing the votes and the clerks making up the tallysheets?-Ans. I believe they were.

X Int. 2. Did you see any other handling of ballots other than was done in counting? Ans. No, sir; I did not.

X Int. 3. Did you see any changes of ballots made by anybody?-Ans. No, sir. I didn't.

X Int. 4. Did anybody besides the judges handle the ballots?-Ans. Not that I seen of.

THORNTON HUBBARD. Subscribed and sworn to before me, and in my presence, by the said Thornton Hubbard, this 15th day of February, A. D. 1883. [SEAL.]

CASSIUS M. NORTON, Notary Public in and for Marshall County, Iowa.

J. O. CUTLER, of lawful age, being produced, sworn, and examined on the part of e contestant, testifies as follows:

Int. 1. State your name, age, place of residence, and occupation.-Ans J. O. Cutler; age, 50 years; State Centre, Marshall County, Iowa; dealer in seeds, &c.

Int. 2. Do you now and did you during the month of Nov., 1882, hold any official position in State Centre Township, Marshall County, Iowa?-Ans. I did not in 1882; I am now township clerk.

Int. 2. Who were you the successor of ?-Ars. Of Mr. Adams; F. W. Adams.

Int 4. Are you the custodian of the ballot-box that was used at the Nov. election, 1882, for State Centre Township, that contains the votes that were cast for the office of Representative in Congress, and how long have you been such custodian?-Ans. I am the custodian, and have had the ballot box and poll-list since I received them from the old township clerk, Mr. Adams; I received the poll-list with the other book from Mr. Adams; the ballot-box I found in the town hall where the election was held; I did not receive that from Mr. Adams.

Int. 5. Does the ballot-box contain the ballots of that election, and was it fastened when you found it?-Ans. Why, I suppose they do; I wasn't a judge of the election; I supposed it did; I found the ballots in the box; the box was locked and the key was in the lock.

Int. 6. When did you get the ballot-box-Ans. I couldn't tell you just when it was; there was some delay in settling up with the old trustees, and I didn't get possession of anything belonging to the office until after his settlement with the trus

tees.

Int. 7. Does the box contain the same ballots that were in it at the time you recd. it-Ans. Yes, sir.

Int. 8. Who occupies the town hall where you found it, and whereabouts in the hall was the box when you found it ?-Ans. The town council meets there, fire companies meet there, and it is under the general supervision of the marshal for any purpose; I found it sitting on top of the corporation recorder's desk.

Int. 9. Do you know whether the ballots were in the box as they were at the time the votes were canvassed, and in what condition did they appear?-Ans. I am not able to say what condition the ballots were in at the time of the canvass, and of course cannot say whether they are in the same con ition now.

Int. 10. Are they loose or in any way fastened together?-Ans. They are strung on a string.

Int. 11. Will you produce the ballots in the presence of the notary and count them, and state how many were cast for James Wilson for the office of Representative in Congress, and how many were cast for Benj. T. Frederick for the same office?

(Objected to by contestee because it is not shown that the ballots are in the same condition as when canvassed, nor that they could not have been changed.)

Ans. I have no objection to recounting the ballots, if done in the presence of at least one of the trustees; and further, I would say that after finding the box I locked it and gave the key to Mr. L. B. Goodrich, one of the township trustees.

(Mr. L. B. Goodrich being produced, the ballot-box is opened, and the ballots are counted by J. O. Cutler, township clerk, and L. B. Goodrich, township trustee.) Int. 12. (To witness, J. O. Cutler.) Have you counted the ballots found in the box for the office of Representative to Congress, and who assisted you? And state the result of your count.

(Objected to; same as Int 11 above.)

Ans. I have; Mr. Goodrich, one of the trustees, assisted me; one hundred and ninety-three (193) for James Wilson, and eighty (80) for Mr. Benj. T. Frederick, two for Mr. Platner, one for Mr. Snyder, and seven blanks.

Int. 13. You may state how you found the ballots in the box as to their being fastened together and as appearing not to have been changed or disturbed.—Ans. I found them strung on a string; and as to their being changed, I can't see how I can answer that question.

Int. 14. You may state if you found the ballots cast for Frederick strung together, bunched together, and the ballots for Wilson strung or bunched together, and if you found any for Frederick separately among those cast for Wilson.-Ans. I found the most of the ballots for Wilson together, and the most of the Frederick ballots together, and some ballots scattering among all the tickets.

Int. 15. State the order in which the ballots appeared on the string; if you cannot remember, examine again.

(Objected to; same as to Int. 11, above.)

Ans. First, I find 2 for Platner, and one Frederick ticket, then two Democratic tickets scratched for Wilson, then comes sixty-five votes for Frederick on Democratic tickets, then one for Wilson, then one for Billy Snyder, and then thirteen for Frederick, then seven blanks for no Congressman, then comes one hundred and sixty-four votes for Wilson, then one for Frederick, and then twenty-six for Wilson.

Cross-examination:

X Int. 1. How often has this hall where the ballot-box has been, been used by the fire company or others between the time of election and the time you took it away?— Ans. I can't say positive. The fire company has monthly meetings and the council monthly monthly regular meetings, and the marshal goes through the room to take prisoners into the "calaboose."

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