« PreviousContinue »
X Int. 2. Was the hall locked where the box was kept ?—Ans. I suppose it has been but not having charge of the hall I cannot say positively.
X Int. 3. Did the recorder of the town use this ball for an office, or was his desk in the ball for council meetings simply ?-Ans. Only for council meeting; he has an office aside from the town hall.
X Int. 4. When did you get this ballot-box and remove it!-Ans. I can't give the exact date; it was somewhere about the last of January or the first of February, 1883.
X Int. 5. Have you examined these ballots before this day ?-Aus. I have; in the presence of Mr. Goodrich, one of the township trustees, and Mr. E. P. Thompson and Mr. C. W. Stone, of Marshalltown.
X Int. 6. When was this, and who requested the examination ?-Ans. About two weeks ago; Mr. Stone requested it.
X Int. 7. Whom did he assume to act for; that is, Mr. Stone 1-Ans. For Mr. Frederick,
X Int. 8. What did he say, if anything, about a discrepancy between the ballots and return, or what reason did he give, if any, for examining the ballots ?-Ans. He said he was in the interest of Mr. Frederick, aud wanted to know whether the ballot was correct, and after recounting the ballot he said that evidently the discrepancy was a mistake in counting.
X Int. 9. Did he say anything about any information he had that there was a mistake ?-Ans. Not to my knowledge.
X Int. 10. Do you find any Republican tickets with Wilson's name erased and Frederick's paine substituted in this box I-Ans. I do.
X Int. 11. About how many?--Ans. I will have to count them, I guess; there are thirteen.
X Int. 12. From the location or situation of this box in the hall, with the key left in the lock, would it have been possible for any one, so disposed, to have changed a ballot :-A. I think it wonld have been possible.
X Int. 13. Can you tell that all the ballots now in this box were the ballots that were left in it by the election board after canvassing, and as they were canvassed ?
(Objected to by contestee as leading and immaterial.) Ans. I can't tell positively.
Redirect-examination : R. D. Int. 1. At the time yourself, Mr. Stone, and Mr. Thompson were present when you first counted the ballots before to-day, were any of them altered, changed, or erased for the person or persons voted for the office of Representative to Congress by any one in such count?-Ans. No, sir; they wasn't.
Ř. D. Int. 2. Has there been any change since that time in the ballots ?--Ans. No, sir.
Recross-examination : R. X Int. 1. By saying there was no change of the ballots when you examined them before, you mean to say there was no change then made at that time, do you not ; and not that there had been none before that time 1-Aps. That is what I meant.
Re-redirect ex. : R. D. Int. 1. You don't know that any change had been made before that time, do yon ?-Ans. I don't know of any.
J. O. CUTLER. Subscribed and sworn to before me, and in my presence, by the said J. O. Cutler, this 16th day of Feb'y, 1883. (SEAL)
CASSIUS M. NORTON, Notary Public in and for Marshall County, Iowa.
Contestee recalls J. O. CUTLER, witness.
R. R. X. Int. 2. When you counted the ballots in the presence of Mr. Stone, did you make the count the same as you do now I-Ans. We made the count for Mr. Frederick tbe same, but one less for Mr. Wilson; that is, at that count we made it one less for Mr. Wilson than we did to-day.
Int. By contestant. You may state whether you can explain that discrepancy in the count made in the presence of Mr. Stone, and the one made to-day ?-Ans. I think it was caused by not counting one vote for Mr. Wilson when we counted in the presence of Mr. Stone, on ticket that had had the head of the ticket torn off for State oticers.
J. O. CUTLER. Sworn to and subscribed before me, and in my presence, by the said J. 0. Cutler, this 16th day of February, 1883. (SEAL)
CASSIUS M. NORTON, Notary Publio in and for Marshall County, Iowa.
L. B. GOODRICH, of lawful age, being produced, sworn, and examined on the part of contestant, testities as follows:
Int. 1. State your name, age, place of residence, and occupation.-Ans. L. B. Goodrich ; 31 y'rs old; reside in State Centre, Marshall Co., Iowa ; hardware dealer.
Int. 2. Are you an officer of State Centre Township; if so, how long have you been such officer, and what office do you hold ?-Ans. I am one of the trustees; have been for three or four years, can't tell which.
Int. 3. Were you one of the judges at the Nov. election of 1882, in State Centre Township, at which the electors voted for the office of Representative to Congress 2Ans. I was.
Int. 4. Have yn been present to-day during the examination of the ballots in the ballot-box; and were you present and assisting when the said ballots were can vassed and counted at the Nov. election, 1882 ?--Ans. I was present to-day, and was also present at the election.
Int. 5. How were the ballots left in the box at the time of the canvass at the said election ?-Ans. They were strung on a string, and left in the box, locked up.
Int. 6. How was their appearance to-day, as compared to the manner in which they were left at the canvass of the election.
(Objected to by contestee, because it is not shown that the ballots are in the same condition as when canvassed; nor had not been changed.)
Ans. I can't tell as to each identical ticket, if that is what you mean; I think there has been a change in the ballots, in the twenty-seventh ballot.
Int. 7. What evidence of a change do you tind ?-Ans. From the way they were assorted and counted. I believe it impossible for there being a straight Democratic ticket mixed with a straight Republican ticket as counted and strung.
Iut. 8. Did you count in the evening or by daylight ?-Ans. In the evening:
Int. 9. How were the ballots separated; Democrat and Republican and mixed tickets, and placed upon the string? Please explain.-Ans. When the polls were closed we emptied the box on the table, and counted all the votes to see that they compared with the poll-list; found then correct at first count. We then separated straight Republican tickets into piles of five, then handed them to Mr. Swift, and he called them to the clerks; we separated the straight Democrat tickets into piles of five, passed them to Mr. Swift, who called them to the clerks; we separated all the scratched tickets that we could find scratched alike into piles of five, the balance we called single. Mr. Swift done all the calling. Mr. Chamberlain made the most of the piles, handed them to me, and I looked them over, and if found all alike, passed them to Mr. Swift. There being such a marked ditference between a straight Democrat aud a straight Republican ticket in appearance, that I believe it impossible for a Democrat ticket to have passed into one of the piles of the Republican tickets through Mr. Chamberlain, myself, and Mr. Swift's hands without being noticed; as I now find one Democrat ticket among the straight Republican tickets.
Int. 10. Was these tickets counted five at a time where they were all Democratic or Republican, and were all the ballots all strung as counted ?-Ans. Yes, sir.
Int. 11. This twenty-seventh ticket is the 27th from the bottom of the string, is it not?-Ans. It is the twenty-seventh from the bottom.
Int. 12. It would come right in the middle of a pile of fives, or near it, wouldn't it? Ans. It would; it would be the second ticket in a pile of fives.
Int. 13. When a pile of fives were passed to you did you separate each of them, or simply turn up the corners to count them?-Ans. I held the bottom of the tickets between my thumb and finger and turned them over and counted them.
Int. 14. Did you go over each pile more than once ?-Ans. I can't answer that positively.
Int. 15. Did you find any mistake at any time in the character of the ballots that Mr. Chamberlain handed to you l-Ans. I think I found one or two mistakes.
Int. 16. Mr. Chamberlain you regard as a careful and upright man, do you not? Ans. I do.
Int. 17. If Mr. Chamberlain made one or two mistakes, do you now mean to swear that it is absolutely impossible for you to make one; or do you mean to say that you counted those ballots not intending to make any mistake 1-Ans. I do not swear that I did not make a mistake; I swear that I believe it impossible to pass the three without discovery, and no mistake was reported from Mr. Swift.
Int. 18. Would not he be as liable to make a mistake as you or Mr. Chamberlain ? Ans. I think he would ; I think any man is liable to make a mistake-although I think he would be more apt to discover a mistake than Mr. Chamberlain or myself, as he had nothing to do but call them, while we had to place them in piles.
Int. 19. Yet he called them in fives, and not separately ?--Ans. He examined them separately before cailing.
Înt 20. Iu the same manner that you did, did he not ?-Ans. Not exactly; he had to call the county and township ticket separately; I would call them in this way: five down to county or township ticket, as the case might be; he would then examine
them, and then called them in the same way, and the balance he wonld call separately.
Int 21. Do you know that the package from the twenty-sixth to thirtieth ticket was not also supposed to be straight as to county and township officers; and if so, wonld they not have been called in fives ?-Ans. They would not have been straight with a Democratic ticket in there ; I do not remember whether there was any straight township tickets called in piles of five or not, either Republican or Democrat; there was a great deal of scratching on township tickets; there may have been some township tickets called in fives, but I do not remember any.
Int 22. In order for any person to have changed this 27th ticket from the bottom, it would have been necessary to have removed all other tickets above that from the string, would it not; or to have removed all below that from the string ?-Ans. It would.
X Int 23. Yon have no direct recollection of this particular ticket, the 27th, and you only base your opinion that it has been changed upon your belief in the correct ness of the count when the canvass was made ?-Ans. I have no particular recollection of the ticket at the time the count was made, and I believe the count correct.
Cross-examination : X Int 1. There were several names on each ballot, both in State, and county, and township, were there not; and all on a single strip or slips of paper on each party ticket? - Ans. Yes, sir.
X Int 2. About how many names were there on each ticket to be called off to the clerks?-Ans. I don't know whether I can give an idea without seeing a ticket; I could't remember half, especially the state officers.
X Int 3. Were there not many persons of each party standing by or around the table while the canvass was made, observing the count ?-Ans. The room was full; I should think there was as many as fifteen in front of the table looking over on the ballots, some of them keeping tally as to some of the officers; there were persons there of both parties, Democrat and Republican, and I think there were one or two Greenbackers there. X Int. 4. Do you believe the canvass and return then made was correct?--Ans. I do.
Redirect examination: R. D. Int. 1. Did you assist Mr. Cutler in connting the ballots in the box to-day, and did you find the count testified to by him of eighty ballots purporting to be cast for Benj. T. Frederick and one hundred and ninety-three for James Wilson for the office of Representative to Congress correct as the ballots now show I-Ans. That is correct.
L. B. GOODRICH. Sworn to and subscribed before me, and in my presence, by the said L. B. Goodrich this 16th day of February, A. D. 1883. (SEAL.]
CASSIUS M. NORTON,
Notary Public in and for Marshall County, Iowa. J. D. CHAMBERLAIN, being pro d, sworn, and examined on the part of the contestant, testifies as follows:
Int. 1. State your name, age, residence, and occupation.
F. W. ADAMS, 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. F. W. Adams; 28 years of age; State Centre, Iowa; attorney.
Int. 2. Was you clerk of State Centre Township, Marshall County, for the year 18821-Ans. Yes, sir; the latter part of the year.
Int. 3. Were you one of the clerks of the November election, 1882, held in this township, at which the electors voted for the office of Representative in Congress 1 Ans. I was.
Int. 4. Did you have the care and control of the ballot-box np to the time your successor was elected ?-Ans. The ballot-box was left at the place of election, at the time of election, up to the time my successor was qualified, and I turned the same and books over to him.
Int. 5. Was the box left locked ?—Ans. I couldn't say positively whether it was or was not.
Int. 6. Did you see the ballot-box open to-day; and, if yea, how did the appearance of the ballots compare with the manner in which they were left ?-Ans. I did see the ballot-box open to-day, and the ballots appeared much as they did on the night of the election when they were first counted.
Int. 7. Did you see any indications that they had been in any manner tampered with t-Ans. I did not.
Int. 8. Who put the ballots on the string when they were strung after election ?Ans. One of the trustees; I wouldn't be positive which.
Cross-examination : X Int. 1. You did not examine the ballots critically to-day, did you ?-Ans. I did not. X Int. 2. You did not handle them at all to-day, did you !-Ans. I did not.
X Int. 3. You could not from what you saw of them to-day say whether the erasures on any of the tickets was made before or since election, could you ?-Ans. I could not. The general appearance of the tickets is much the same as they were the night of the election.
X Int. 4. Did you on the night of the election examine the tickets as to scratches or erasures 1--Ans. I did not.
X Int. 5. Can you now, from the examination you have made to-day, tell whether this batch of tickets contains all that were canvassed on the night of the election Ans. I could not.
F. W. ADAMS. Sworn to and subscribed before me, and in my presence, by the said F. W. Adams, this 16th day of Febʼy, A. D. 1883. [SEAL.]
CASSIUS M. NORTON, Notary Public in and for Marshall County, Iowa.
L. B. GOODRICH, recalled by contestant, testifies as follows:
Int. 1. Did you place the ballots that have been counted to-day upon the string at the time of the election ?-Ans. I did.
Int. 2. Was there several Republican tickets, as you remember, that had Wilson's name scratched and Frederick's written ?-Ans. I think there were a few.
Int. 3. Are the general appearance of the ballots as a whole, and the manner in which they appear on the string to-day, similar, to your recollection, to the inander in which they were placed on the string at the time of the canvass ?--Ans. I think they are.
Cross-examination: X Int. 1. Can you tell from the examination made to-day of the ballots that none of them have been changed since the canvass ?-Ans. No, sir; I can't.
L. B. GOODRICH. Subscribed and sworn to before me, and in my presence, by the said L. B. Goodrich this 16th day of February, A. D. 1883. [SEAL.]
CASSIUS M. NORTON,
Ben. O. Rhoades, sh'ff: To serving 17 subpænas, $3.40; to serving 17 copies, $3.40; to mileage on same, $6.50–$13.30.
Cassius M. Norton, N. P.: Taking testimony, 1154 folios, $11.55 ; administering 28
oaths, @ 5c., $1.40; issuing 3 subpænas, @ 25c., 75 cents; certificate, 50 cents; R. R. fare and hotel bill State Centre, $3.72; stationery, $1.00; postage, $1.20--$2.20; copy furnished contestant, $12.00—total, $32.12. STATE OF Iowa,
Marshall County, 88 : I, Cassius M. Norton, a notary public, within and for said county and State, do hereby certify that in pursuance to an agreement so to do, by and between the parties hereto, I did on the 15th day of February, A. D. 1883, cause the following-named witnesses to appear before me at my office in Marshalltown, said connty and State, A. N. French, A. J. Melton, S. Bosworth, Wm. Ernst, D. C. Ernst, Anton Estel, J. M. Webber, G. P. Lundstrom, Wm. J. Horner, and Thornton Hubbard; and on the 16th day of Feb’y, 1883, caused the following-named witnesses to appear before me at the office of Jas. Allison, esq., in State Centre, in said county and State, J. 0. Cutler, L. B. Goodrich, J. D. Chamberlain, and F. W. Adams, who being then and there by nie first doly sworn, were examined, and their examinations by me reduced to writing, when the same were read by me to them, respectively, in their presence and hearing, when the same were by them, respectively, subscribed and sworn to by them before me and in my presence, and their said depositions so taken are now herewith returned to the Clerk of the House of Representatives of the United States, to be used in the hearing of said cause on the part of contestant.
I further certify that Hon. T. Brown was present and conducted the examination of said witnesses on behalf of Benj. T. Frederick the contestant, and that Hon. J. H. Bradley was present and conducted the cross-examination of said witnesses on the part of James Wilson the contestee or respondent; further saith not.
Witness my hand and seal notarial, affixed at Marshalltown, said county and State, this 10th day of March, A. D. 1883. (SEAL.]
CASSIUS M. NORTON, Notary Public within and for Marshall County, Iowa.
No. 2. STATE OF IOWA,
Marshall County, 88: S. BOSWORTH, being produced and sworn before J. H. Bradley, notary public for Marshall County, on the 4th day of May, 1873, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and J. H. Bradley on the part of contestee):
Q. 1. Did yon attend the November election in 1882, in Taylor Township?–A. Yes, sir.
Q. 2. What time did you get there, Mr. Bosworth ?-A. About 4 o'clock; I got there about the time Mr. Seibert did; I saw him there.
Q. 3. Did you vote at the election 1-A. Yes, sir. Q. 4. Was the ballot-box open when you got there? (Contestant objects-immaterial; not proper rebutting evidence.) A. I did not notice that they were counting any votes; simply that the box was open.
Q. 5. Were they counting votes 1-A. I didn't see them.
Q. 7. Did you pay any attention to them to see whether they were counting votes ?A. I saw them all the time; I was coming away, and I heard them make a remark about counting votes, and they opened the box just as I was leaving:
Q. 8. Did you know they had counted up to that time!-A. I did not know that sny such thing would be done.
Q. 9. How long did you stay !-A. Perhaps nearly an hour.
Q. 12. How far did you go to get home-A. I believe about three miles; I think the sun was about half an hour high.
Q. 13. You don't know the time you precisely got there?-A. No, sir; I had been at work some time in the afternoon; I said to the man who came there, “Is to-day election day!" said he, "Yes.” I stopped work and rode up with him.
Q. 14. You don't exactly know the time you got there?-A. No, sir; not exactly.
Q. 15. That was in November; you must not have gotten home before 5 o'clock — A. Well, it was 6 o'clock before dark at that time, I remember.
Q. 16. You think the sun was half an hour high when you got home ?-A. The sun was not down yet; I did the chores before night.
Q. 17. Were they receiving votes during the time that they were counting votes I– A. I don't think they took any in after that time; my impression is that they were looking them over ; 'I have that in my mind. It seemed to be generally understood that it was not time to close the polls.
H. Mis. 22—4