Q. 39. Will you produce them before the commissioner?-A. Yes, sir; I can produce them. (Witness produces them before the commissioner.) Q. 40. Are they tied in the manner they were tied when they were returned to you? -A. No, sir; they were strung when returned to me. Q. 41. Who unstrung the ballots?-A. I unstrung them, two or three days ago. Q. 42. In whose presence ?-A. O. P. Barrows, G. W. Westlake, F. D. McGrewstone, and Mr. Pinkham. Q. 43. Who handled them at that time?-A. I did myself. Q. 44. Anybody else?-A. No, sir; not to my knowledge. Q. 45. Anything changed that you might not have known about at that time?-A. No, sir; I think should have known it. Q. 46. You may now count the ballots for the 2d ward, and call to your assistance Mr. Norton and Mr. Barrows, and state how many votes were cast, as shown by the ballots, for the office of Representative in Congress, and how many for each of the candidates. (The contestee objects to the question as incompetent, irrelevant, because the ballots had not been shown to be the same as when the canvass was made. Witness canvasses the votes.) A. 309 ballots were cast-158 for Frederick, 125 for Wilson, 11 for Platner, and 15 were blanks. Q. 47. Has that count been carefully made?-A. Yes, sir. Q. 48. State what time of day it was when the judges canvassed the ballots at the election in that ward?-A. I can't say; I was not in that ward. Q. 49. State if you have the poll-book of that ward in your possession ?—A. Yes, sir. Q. 50. Please produce the poll-book of the 2d ward of Marshalltown precinct.—Ans. Here it is. Q. 51. State how many votes that poll-book shows to have been cast at the Nov. election, 1882.-A. 308. Q. 52. State how many votes were shown by that return to have been cast for James Wilson.-A. 126. Q. 53. How many are shown by that poll-book to have been cast for Ben. Frederick-A. 158. Q. 54. How many for David Platner?-Ans. It don't show any. Q. 55. That poll-book don't show any for Platner?-A. No, sir. Q. 56. How many does it show were returned for the office of Representative in Congress-A. 295. Q. 57. Turn to the tally-list and state how many appear to have been cast for David Platner ?—A. 11. Q. 58. How many for Ben. T. Frederick ?-A. 126. Q. 59. How does the number of votes that appears to have been cast by the tallylist compare with the No. of votes found in the box?-A. The same as ballots found, 308. Q. 60. You may state if you have the ballots in your possession in the third ward precinct.-A. Yes, sir. Q. 61. State when they were delivered to you.-A. I took possession of them immediately after the count on the evening of the 7th or early in the morning of the 8th of Nov. Q. 62. State where you kept these ballots?-A. They were taken to Mr. Pinkham's office, where they have been kept ever since that time. Q. 63. Where were they placed?-A. They were locked up in the office, and the next day put into the box I spoke of. Q. 64. Have these ballots ever been disturbed to your knowledge since the election?-A. Only as we counted them over the other day, and the box has been open to get out the affidavits two or three times. Q. 65. Who opened it ?-A. I did. Q. 66. Did you disturb any of the third ward ballots ?-A. No more than was necessary to get out the affidavits. Q. 67. Did you change any of them?-A. No, sir. Q. 68. Do you believe these are the same ballots cast at the election in Nov. ?-A. Yes, sir; I think they are. Q. 69. Were they strung?-A. Yes, sir. Q. 70. How were they fastened?-A. They were strung, and the ends of the string tied together. Q. 71. Did you find them in the same position as when you first examined them!— A. Yes, sir. Q. 72 Who, to your knowledge, has access to the box except yourself?-A. No one, to my knowledge. Q.73. Who is it that keeps the office that could have had an opportunity to have opened the box?—A. S. W. Pinkham, J. W. Morgan, Chas. Bennecke, all have keys to the office. Q. 74. Has the office been locked against all other persons besides those you have named?-A. No, only during the time we have gone to the post-office and the courthouse; we don't always lock the office. Q. 75. Has some one been there while you have been out?-A. No, sir; not always. Q. 76. How has the office been kept as to being locked?-A. Always been locked, so far as I have known; I was always the first one there in the morning. Q. 77. You may call to your assistance the clerks and trustees, or any of them, of the 3rd ward. Were you clerk of the third ward election?-A. Yes, sir. Q. 78. You may state if you have the poll-book of the 3rd ward in your possession ?— A. Yes, sir. Q. 79. State how many ballots the poll-books show to have been cast at your election for the office of Representative in Congress as shown by the tally-sheets for each candidate?-A. The tally-list shows James Wilson 112, Frederick 260, David Platner 2. Q. 80. Turn to the returns and read the totals?-A. For the office of Representative in Congress there were 374 ballots cast, of which James Wilson had 112, B. T. Frederick 260, David Planter 2. Q. 81. I will ask you if at that election there were no mistakes as to the keeping of these talleys at the time of the election, that is, if the clerks at any time went ahead of one another?-A. I don't think they did; I don't remember. Q. 82. Now, notice the ballots of the 3rd ward, Mr. O. P. Arnold and S. M. Norton, and count the ballots and state how many ballots were cast for the office of Representative in Congress, third ward, Marshall precinct, Marshall County, Iowa, and how many each candidate received. (The contestee objects to the question as incompetent, irrelevant, because the ballots were not shown as being the same as when the canvass was made.) A. There were 383 votes cast altogether; for James Wilson, 110; Ben. T. Frederick, 262; David Platner, 2; blank, 6; E. Shurtz, 2; O. Caswell, 1. Q. 83. You may now present the poll-books of the third ward, and state how many votes are shown to have been cast in that election. Read the number of votes as shown by the record.-A. The poll-books show 383 votes cast. Q. 84. How many cast for Wilson ?-A. The tally list shows Wilson 112, Q. 85. How many for B. T. Frederick ?—A. 260. David Platner 2. Q. 86. Now, turn to the certificate.-A. For Representative in Congress, 374 ballots cast, of which Jas. Wilson had 112 vetes; B. T. Frederick, 260; David Planter, two. Q.87. Any retnrns for any of the others?-A. No, sir; no returns for any of the others. Q. 88. You may state if at the time of the election there were no errors of the clerks that kept tally-list in that ward or any discrepancy between them?-A. I don't remember any discrepancy. Q. 89. Were both clerks present all the time?-A. Yes, sir. Q. 89. What time of day was it when you counted the votes in that ward?—A. Well, it was after night, somewhere between 9 and one or two o'clock. Q.90. Were the votes counted more than once?—A. No, sir; they were only counted once; that is, by counting off each name. Q. 91. What kind of light did you have?-A. We had one gas-burner. Q. 92. State if some of these ballots were erased with lead pencil so that it would be difficult to see by the light at night.-A. Some are erased rather dim that might be overlooked at night. Q. 93. Have these ballots ever been removed from the string ?—A. Not but once, to my knowledge; that was three or four days ago. Q. 94. Who removed them at that time -A. I removed them. Q. 95. Who was present?-A. O. B. Barrows, J. W. McGrew, and Mr. Stone and Pinkham part of the time. Q. 96. State if any of the ballots were changed.-A. No, sir; not to my remembrance or knowledge. Q. 97. Would you have been likely to have known if there had been any change?— A. Yes, sir; if there had been change at that time. Q. 98. State if you remember if the ballots at the time were open that belonged in the third ward. Were they the same as when placed in the box after the election ?— A. Yes, sir; apparently. Q. 99. How were they folded and put into the box?-A. You mean on election day f Q. 100. Yes, sir.-A. Generally doubled up in small enough compass to go into a little hole about an inch long and a quarter of an inch wide. Q. 101. No; I mean how were they folded when they were strung, double or single ?— A. They were strung double in that ward. Q. 111. Did you find them so at the time you took the ballot-box and counted the second time?-A. Yes, sir. Q. 112. Does the number of ballots found in the box compare with the number shown in the poll-book at the original count of the election ?-A. I remember of whole tickets found in the box at that time, I think, tallied with the tally list. There were three pieces of tickets strung on there for some cause, I don't know what. Q. 113. Have any of these pieces been counted to-day for either Wilson or Frederick! -A. No, sir. Q. 114. Have you the ballots of the first ward in your possession, in Marshall precinct, Marshall Co., Iowa ?-A. Yes, sir. Q. 115. Where have these ballots been kept since the election -A. They have been kept with the others, in the same manner that the ballots from the other wards were. Q. 116. In the same position and circumstances and place ?-A. Yes, sir; in exactly the same circumstances. Q. 117. You may now call to your assistance any of the judges, trustees, or clerks of the first ward, and count the ballots that you find in that ward.-A. Yes, sir. Q. 118. Which one of the judges is present now ?-A. Two of the judges-N. S. Nelson and S. B. Pinkham. Q. 119. You may proceed to count the ballots cast for Representative in that ward, and state how many were cast for the office of Representative in Congress, as shown by the ballots in your possession, and how many for each candidate. (Witness proceeds, with the aid of Messrs. Nelson and Pinkham.) (Contestee objects to the question as incompetent and irrelevant, because the ballots were not shown to be the same as when the canvass was made.) Q. 120. You have recounted the ballots, have you?-A. I find 250 ballots cast for Representative: B. T. Frederick, 164; Jas. Wilson, 76. I won't testify that Jas. Wilson has 76 or B. T. Frederick 164, for some of them did not get the vote. For Platner, 3; blanks, 10; E. Lee, one; and Delos Arnold, one. Did not want to have it put down that Jas. Wilson or B. T. Frederick had so many, because some of the ballots are marked Wilson and some Frederick, without the initials. Q. 121. State how many ballots B. T. Frederick received for the office of Representative and how many ballots James Wilson received for the same office. That is, I mean from your count?-A. I have just got them now. Do you want it from the return? Q. 122. Yes, sir. Look at the poll-book and see how many ballots cast at said election agree with tally-book in the precinct first ward in Marshalltown?-A. Tally-list shows 255 votes cast and tally-list shows Jas. Wilson, 84; B. T. Frederick, 163; David Plattner, 2. Q. 123. Now then to the return made to the board of supervisors, Marshall Co., and state what the record shows as cast for the office of Representative in Congress, 5th district of Iowa, city of Mariette ?-A. For the office of Representative in Congress, 5th dist., 249 ballots, of which Jas. Wilson has 84, and B. T. Frederick 163, and David Plattner two votes. Q. 124. State how many votes you find there? You may state if there is a ballot there on which the name of Wilson is written; also state what is written on said ballot for the office of Representative in Congress ? (Witness examines the ballots.) I find one ballot which says for Representative in Congress, 5th dist., B. T. Frederick, of Marshall Co., name printed and crossed out; also under it on the following list Wilson. The "I" is not written on account of not having room enough. The "I" is left out. Q. 124. Please take out the ballot that has the name of Wilson on it and permit the commissioner to attach it to the evidence as an exhibit marked "F." EXHIBIT F. REPUBLICAN STATE TICKET. For Secretary of State, of Hamilton County. COUNTY TICKET. For County Recorder, For Member Board of Supervisors, For Building Jail. Against Building Jail (erased). For Appropriating $22,000 Swamp Land Fund. Against Appropriating $22,000 Swamp Land Fund (erased). TOWNSHIP TICKET. For Justice of the Peace, A. F. HARADON (erased). M. T. WHITNEY. (Witness examines the same.) (Contestee objects to the introduction of the same ballot in evidence for the reason that the contestee may want to use it in the evidence.) Q. 125. In your count to-day you saw this ticket counted, and for whom i-A. The ticket was counted for Wilson. Q. 126. How was the name spelled there?-A. I should say W-1-s-o-n. Q. 127. Is the n distinguishable?-A. About half of the n is written; the writing runs clear out to the end of the paper. Q. 128. As it reads now there is one half of the n that appears to have never been on the ticket?-A. Yes, sir; a little over half of the n: Q. 129. You may state whether there is a ticket that is apparently torn through Frederick's name. Was that ticket counted for Frederick-A. No, sir; not this count, it wasn't. Q. 131. You may also attach that ticket to your evidence as an exhibit, G, and make it a part of the answer. You see any pencil marks or erasures on that ticket other than it is torn across the name of Frederick? |