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going to Ida County, where he had his stock. He said he wanted to go home, because the hired man came after him.
Q. 33. He went home before dark, didn't he ?-A. No, sir; it was a good while before dark; we had the lights lit for a good while before we finished counting.
Recross-examination : Q. 34. He went away-John F. Stewart-Man came after liim ?-A. Yes; Horner is his hired man. Q. 35. William Horner ?-A. Yes, sir.
Redirect : Q. 36. You don't know whether this poll-book had been changed or not when you sent it over here, for you didn't examine it, did you ?-A. No, sir.
Q. :37. You don't mean to swear that Mr. Stewart could have taken out or changed the votes without your knowing it ?-A. Mr. Stewart was not there.
Q. 35. I mean at the time of the election, when the ballot-box was opened during the p. m., at different times 1-A. I don't understand the question.
Q. 39. You don't pretend to say that he could not have changed the votes without your knowledge 1-À. I don't think tbat he could.
Q. 40. You mean to say that he could not bave put any votes in or have taken any out there in the afternoon !-A. I don't see how he could have done it without our seeing him.
Q. 41. He discussed the question as to how many voted, didn't he? Didn't he want to see Mr. Horner's ticket before he voted ?-A. I don't remember anything being said about that.
Q. 42. Do you say that he didn't?-A. I did not hear him say anything of that kind.
Q. 43. He may have said it and you not have heard him say it 1-A. Well, I didn't hear him say it, and I sat next to him.
Q. 44. Do you not remember him discussing Mr. Horner's ticket, of telling him that he did not have the straight ticket ?-A. No, sir.
Q. 45. You don't remember anything about that?-A. No, sir. (R. E. Strang, paid $1.15 as fee by contestant.)
STATE OF IOWA,
Marshall County, 88 : J. K. Johnson, being produced and sworn before J. H. Bradley, notary public for Marshall County, on this 5th day of March, 1883, and examined before ine, Eldon Moran, notary public and commissioner agreed upon to take testimony, testifies as follows (T. Brown appearing on the part of the contestant, and J. H. Bradley on the part of contestee):
Q. 1. You may state, Mr. Johnson, your age?-A. Twenty-one years.
Q. 3. What is your occupation ?-A. My occupation is deputy auditor of Marshall Comuty, State of Iowa.
Q. 4. Were you deputy auditor in November of 1882?-A. I was.
Q. 5. Did you know the trustees of Taylor Township, Tarshall County, State of Iowa ?-A. Let me ask you a question; you mean those at the time or pow?
Q. 6. I mean those at the time?--A. Yes sir, I do; also know them now. Q. 7. Name them?-A. Mr. William H. Steward, Anda Fogg, Isaac Malmsbury. Q. 8. State if you have been in the auditor's office at the time-state who the clerks of that township were in November, 1882 ?--A. The name of the township clerk was W. X. Santee.
Q. 9. Of the clerk of the election ?-A. R. E. Strang.
Q. 10. State if you were present when the judges of Taylor Township brought in the returns of the election of 1882 of that township ?-A. I could not say as to that; there was quite a crowd in there (in the office) for some time after the election, and the returus were coming in pretty rapidly; don't remember.
Q. 11. Were you in the office, Mr. Johnson, auditor's office, when these gentlemen yon have mentioned, or a part of them, all except Mr. Stewart, were present when the returns came for Taylor Township ?-A. No, sir; I was not there.
Q. 12. Do you remember an envelope being changed, you being present, Mr. French and some others?-A. No, sir; I don't know anything about it; I am sure that it did not occur.
Q. 13. Do you know the name of the party with whom this did occur in the back room?-A. No, sir; I didn't. Q 14. Never heard anybody say?-A. No, sir; I don't remember.
Cross-examination: Q. 15. Was there more than one poll-book returned from Taylor Township by the judges of the clection ?-A. I think not, I have not seen more than one to my knowl. edge.
Q. 16. You have not seen more than one poll returned from any of the precincts : only one from each ?--A. Yes, sir; that is all.
Redirect cross-examination : Q. 17. Did you not know when Taylor Township brought in the returns, and filed it with the auditor, then took the envelope and went into the back room !-A. Not to my own knowledge.
Q. 18. Were you not present at the time he gave them the envelope ?-A. I might have been in the outer office; that has been used by the board of supervisors as their room.
Q. 19. Did you know of the trustees of Taylor Township going in with an envelope and taking the poll-book after they had brought it in there ?--A. No, sir; I don't know to my own knowledge.
Q. 20. State what you did see; also, what you heard them say.-A. The same of the board that I saw in the outer office, when ihey came in they went into the outer room with Mr. French; that is all I know or remember about it.
Q. 21. Did you see the old envelope that they tore off their returns ?-A. No, sir; I didn't; I don't remember of it.
Q. 22. Did you take ink or paper in there for them to fix these returns ?-A. No, sir; I don't think I went in there at all; I am positive of that.
J. K. JOHNSON. STATE OF Iowa,
Marshall County, 88 : I, Eldon Moran, a notary public and commissioner agreed upon to take testimony in this cause, in pursuance of the annexed agreement, attached to the testimony of J. L. Adams, whose testimony was taken Feb. 22d, 1883, do truly certify that on the 4th day of May, 1883, in pursuance of the notice hereunto annexed, I took the depositions of the following witnesses: Thornton Hubbard, A. N. French (recalled), C. B. Pinkham (recalled), S. Bosworth, O. P. Arnold, O. B. Burrows, R. Esterbrook, whose testimony is set forth in the following manner :
Each witness was by me duly sworn or caused to be sworn in my presence as provided by law, and when sworn the questions were propounded to him by the respective parties, Benj. T. Frederick, contestant, and James Wilson, contestee, by their respective att’ys, and the question by me read to the witnesses, who answered the same, and his answer by me in the language of the witness taken down under each question propounded and reduced to writing, till the deposition was completed.
I further certify that when the testimony of each witness was taken, I carefully read the same over to the witness, who corrected the same, and each correction noted, and said testimony was then signed by the witness, and sworn to by him before me.
I further certify that T. Brown & Carney appeared as counsel for the contestant, Benj. T. Frederick; and J. H. Bradley appeared as counsel for the contestee, James Wilson.
In witness whereof I have set my hand and seal notarially, this 4th day of May, 1883. (SEAL.]
ELDON MORAN, Notary Public for Johnson County, Iowa, and
Commissioner agreed upon to take Testimony.
No. 3. FREDERICK
0. Testimony. WILSON.
MARSHALLTOWN. STATE OF Iowa,
Marshall County, 88: Deposition of witnesses produced before me, Eldon Moran, a notary public and com
missioner ageed upon to take testimony, and duly sworn before J. H. Bradley, a notary public for Marshall County, on this 10th day of March, '83, in the town of Marshalltown, at office of Brown and Carney, in pursuance of the notice hereunto attached, in a proceeding pending before the House of Representatives of the United States of America, in a contested election for the ottice of Representative in Congress, in which proceeding Benj. T. Frederick is contestant and James Wilson contestee, Brown and Carney appearing for contestant, J. H. Bradley for contestee.
STATE OF IOWA,
Marshall County, 88 : W. D. Forbish, being produced and sworn before J. H. Bradley, notary public for Marshall County, on this 10th day of March, 1883, and examined before me, testifies
as follows (T. Brown appearing on the part of contestant, J. H. Bradley on part of contesteo):
Q. 1. What is your name, age, place of residence, and occupatien ?-A. W. D. For. bish; Marsball County, Iowa; occupation, grocer; age, 46.
Q. 2. State if you were not an officer at the Nov. election in Gilman, Green Castle Township, in which the electors voted for the office of Representative in Congress. — A. I was township clerk last election.
Q. 3. Do you hold that oftice now 1-A. Yes, sir; I do.
Q. 4. State whether you have the ballot-box and the ballots cast at said election.A. I believe I have.
Q. 5. State where the ballot-box has been kept since the election.-A. In my possession, as far as I know.
Q. 6. How has it been kept ?-A. No one has had access to it, it has been sealed, and it is now just as it was after the time of the election.
Q. 7. Does it now contain the same ballots cast then 1-A. Yes, sir; I think it does.
Q. 8. You may open the ballot-box in the presence of the commissioner and Mr. Archer and count the vote for Representative in Congress; tell how many each candidate received.
(Contestee objects to the question for the reason that it has not been shown that the ballots have not been changed.)
Q. 9. Has the ballot-box been kept as it now is, and how is the seal put on 1-A. There is a piece of white paper pasted over the end with mucilage, also pasted over the ballot-hole; we have no key to the box ; 146 for Wilson, 91 for Frederick.
Q. 10. Is your count to-day a correct one ?-A. Yes, sir; I believe it is.
Q. 11. Who has assisted you in making the counti-A. I have made the count myself.
Q. 12. Did any one assist you in the matter 1-A. Mr. Archer tallied.
Cross-examination : Q. 14. What kind of a seal was there on this ballot-box ?-A. A piece of white paper on the end of the box with mucilage pasted over the lid; it did not have any lock.
Q. 15. Any mark on the paper 1-A. Yes, sir; there was.
Q. 19. I thought I saw a string mark !-A. No, sir; never strung at all. You niay examine for yourself.
Q. 20. Where has the ballot-box been kept 1-A. In our store in Gilman.
Q. 21. Has the ballot-box been locked 1-A. No, sir; no more than I have spoken of, only sealed as I have described.
Q. 22. How about the store now, has it been kept on the shelf 1–A. Well, sir, it has been standing on the top shelf; you may call it a place above the shelving.
W. D. FORBISH. $2.35 paid as fees. STATE OF Iowa,
County of Marshall, 88 : O. B. BARROWS, being produced and sworn before me, J. H. Bradley, notary public, in and for Marhall County, on this 10th day of March, A. D. 1883, testifies as follows, being examined by me (T. Brown appearing on the part of contestant, and J. H. Bradley on the part of contestee):
Q. 1. Were you one of the judges of the Nov. election, second ward, in the city of Marshalltown, in which the electors voted for the office of Representative in Congress 1-A. Yes, sir; I was.
Q. 2. State whether you assisted in the record of the votes cast at the election.A. I was present, looked over Mr. Binford's shoulder when he recounted, three or four days ago
Q. 3. Did you assist to-day in the recounting of the ballots ither of the wards 1A. No, sir; I did not.
Q. 4. At that time how many ballots did you find cast for James Wilson for Representative in Congress ?-A. 125.
Q. 5. How many did you find cast for B. F. Frederick for the office of Representative in Congress 1-A. 158.
Q. 6. How many for David Platner 1–A. 11.
Q. 8. You may state how the tickets were counted on the night of the election in that ward.-A. I think Mr. W. H. Hunnyton took them, strung them out, and I read the names of each ballot through by twos single. I tossed them to another gentlo
man, who folded the votes together and strung them. He doubled the tickets one under another and strung them.
Q. 9. What kind of a light did you have?-A. A kerosene lamp; perhaps two of them; I don't know.
Q. 10. Were there a good many tickets found crossed for the office of Representative in Congress in that ward 1-A. There were quite a number.
Q. 11. You say that some of the tickets were dimly scratched at the recounti-A. I think that there were, perhaps, some which were dimly scratched at the recount.
Q. 12. In the count of the election, considering that it was done in the night time, was there a liability of errors ?-A. I should say so.
Q. 15. Are you satisfied that your last count was the correct one ?-A. I am, sir.
Q. 16. From the examination of the ballots, as you said, then when the box was opened at your last count, do you think they are the same ballots cast at the election ?-A. Yes, sir; I think they are the same ones, just as Mr. Howe strung them.
Q. 17. But they have not the appearance of having been altered or changed !-A. They had no appearance or indication of having been taken off the string. I noticed that as they were taken off the string there were one or two holes punched through each ticket, as there would be necessarily in punching the needle through in restringing them. They would have to be careful to fold them the same way and put the needle in the same place or there would be additional holes in them.
Q. 18. Did you identify any of the tickets you counted on the evening of the election 1--A. I could not be positive as to that.
Q. 19. These tickets when they were folded and strung were folded squarely, were they!-A. You mean exactly square?
Q. 20. No, sir; not that night. They were folded two ways 1-A. No, sir; just one way, only not lopped on the other, so the top and bottom ones would be near together.
Q. 21. Do you have any trouble in taking a long strip of paper, unfolding it and folding it the same way?-A. No, sir, no trouble.
Q. 22. Some of the tickets were dimly scratched !-A. Yes, sir, very dimly; some of them more dimly than others.
Q. 23. Can you tell from the appearance of these ballots to-day which ones were scratched before they were put in the ballot-box ?-A. No, sir.
Q. 24. You can't pick out a single one ?–A. No, sir, not to say positively, for they passed out of my band, and I can't say anything about it.
Q. 25. I judge, then, you voted the straight ticket yourself; did you vote for Frederick ?-A. Yes, sir, I voted for Frederick.
Q. 26. Do you know of any liability of committing an error ?-A. No, sir.
Q. 27. You think that these are the same ballots ?-A. I think they are, but don't know positive about it.
Q: 28. What is there abont them now; anything about the printing that is peculiarlA. No, sir; nothing peculiar about the printing.
Q. 29. Or about the writing !--A. No, sir.
Q. 31. Or the folding ?-A. Nothing, only that they looked as if they had been folded all together, that is all.
Q. 32. On the outside, you mean ?-A. Yes, sir; general appearance.
Q. 34. Then it is the outer appearance ?-A. Yes, sir; but when he folded them together we read each ticket separately, and he folded each ticket just as it read.
Q. 35. If you would take 309 other pieces of paper and fold them up in that way, could you tell them from the outside which was which ?-A. That is all true; I could not tell the difference.
Q. 36. Did you say there were any indications of their having been taken from the string and put back in the same hole?-A. No, sir; I say it was quite possible.
Q. 37. Any instrument can be put in a hole and put back a number of times, can it not I-A. Yes, sir.
Q. 38. You can't tell from the looks of the instrument how many times it had been put into the hole?-A. No, sir; of course not.
Q. 39. Did you examine them so as to determine whether the string might not have been put in twice?-A. Yes, sir; but of course I could not say that it was not.
0. B. BARROWS. $1.85 paid as fee by contestee.
STATE OF IOWA,
Marshall County, 88 : ROBERT BINFORD, being produced and sworn before me, J. H. Bradley, a notary public in and for Marshall Co., on this 10th day of March, A. D. 1833, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and J. H. Brown on the part of contestee):
Q. 1. What is your name ?-A. Robert Binford.
1. Age 1-A. 40 years old. Q. 3. What is your place of residence !-A. I reside in Marshalltown, Iowa: Q. 4. What is your occupation ?-A. Clerk for McCormick Harvesting Co.
Q. 5. Were you one of the clerks of the election in the 3d ward precinct, in Marshalltown, at the Nov. election, '821-A. Yes, sir.
Q. 6. Is that the same ward that Mr. Burrows is in? Are you also township clerk of Marsballtown l-A. Yes, sir.
Q. 7. I will ask you if you have the ballots in your possession that were cast in the 20 ward precinct, at the Nov. election, '82 1-A. Yes, sir.
Q. 8. And also the ballots cast in the 3d and 4th precincts ?--A. I have the ballots as they were returned.
Q. 9. Where have the ballots been kept since they were returned and since they have been in your possession ?-A. They have been kept in the box, at Mr. Pinkham's back office,
Q. 10. What condition has the box been kept in as to being closed and fastened ?A. It bas never been fastened; it had what they call shoe-cartoon as a cover; no lock and fastening.
Q. 11. Where were the ballots kept; in the ballot-box ?-A. No, sir; as I understand it has never had a ballot-box.
Q. 12. Who took the ballots out of the box 1-A. Some of the ballots were returned without tbe box from some of the wards.
Q. 13. Well, I mean the 2d ward ?-A. I think that they were returned by Mr. Barrows without the box.
Q. 14. Will you have it without or with the box 1-A. I think it was without the box. I think that be left the box at the clerk's office. The books were the same books that were tallied from in the 2d ward; the tickets, poll-book, and atfidavits were returned.
Q. 15. Are you certain about that ?-A. My impression about that is that they were returned without the box; the clerk's office was on the road from where they voted to my office.
Q. 16. How were the ballots fastened !-A. They were strung on a string, simply.
Q. 17. Now, yon may state if the votes on the string were tied.-A. Yes, sir; they were tied in all the wards..
Q. 18. As to 2d ward, how wa it ?-A. Yes, sir; the ends of the string were tied together.
Q. 25. Do you remember how you left them in the box ?-A. I put them, all of the election returns of all the wards, into the box together, and marked on the bunch what wards they were returned from, and put them into the box and left them there.
Q. 26. When you opened how did they appear as to having been disturbed when you put them in the box t-A. I can't tell whether they had been disturbed or not, but I don't think they had been.
Q. 27. Was there anything lying on top of the box ?-A. I think that there was, recently. There might have been, since the election, before now.
Q. 27. Who occupies this room in which they were kept !-A. Well, sir, that is what we call our back room from the office—the room the ballots were kept in. We used it for a kind of store-room to keep our coal in; also a great deal of printed matter which the company furnishes; also some other traps.
Q. 29. Who had access to that room besides yourself ?-Ans. Mr. Chas. Berenick and J. W. Morgan, both of them office with us, and of course have access to the backroom office.
Q. 30. Do they have any property in that back office ?--A. Mr. Berenic has a lounge in there and a couple of chairs.
Q. 31. Does Mr. Pinkham have access to it?-A. Yes, sir; it is his office.
Q. 32. Have you ever known that box being disturbed or changed since the election I-A. I have taken out the affidavity and run over them two or three times.
Q. 33. At whose requests?-A. I think once or twice at B. W. Johnson's, and once at C. W. Stone's request.
Q. 34. Did any one handle the ballots, to your knowledge ?--A. No; never to my knowledge.
Q. 35. When you put the ballots in the box, was there anything laid on top of the ballots !-A. The ballots, poll-book, register, and affidavits were just thrown in there; we put them all into the box together.
Q. 36. What laid on the top ?-A. I can't say. I think that the ballots were putin at one end and the affidavits, and then the poll-book and the register were laid on top.
Q. 37. Did you find them that way when you looked at the poll-book and register! -A. Well, the last time we looked at them they were in that way.
Q. 38. You may state if you have the ballots of the 2d ward now in your possession. -A. Yes, sir.