A. There were 235 ballots cast, of which Jas. Wilson had 132 votes and B. T. Frederick had 107. Q. 36. For what office?-A. Also David Platner 6 votes; that is all that there is here. Q.37. For what office?-A. It says at the head for the office of Representative in Congress, fifth dist. Q. 38. Turn to the tally-list of the book and say how many are shown by the tallylist.-A. 241. Q. 39. How many cast for each candidate as shown by the tally-list?-A. 122 for Mr. Wilson. Q. 40. How many for B. T. Frederick ?-A. 107. Q. 41. Is that a copy of the return sent to the board of supervisors of Tama County? -A. I suppose so; I was not clerk at that time. Q. 42. Is that the poll-book in your possession as township clerk ?—A. Yes, sir; this is the one turned over to me. Cross-examination: Q. 43. You obtained these papers and this ballot-box on the 2nd of Jan., you say?— A. Yes, sir: I think it was the 2nd or 3rd. Q. 44. Who delivered them to you?-A. Mr. Stevens, a former clerk. Q. 45. Did he bring them to you?-A. Yes, sir; he brought them to my store. Q. 46. Whereabouts have you kept this ballot-box-in what kind of a room?—A. I have kept it in my dining-room, in the desk or book-case. Q. 47. The dining-room of your house?--A. No, sir; in my store. Since last Monday it has been kept in my house. Q. 48. I mean where when you first got it?—A. In the same place; in the diningroom in my store. Q. 49. Have you a dining-room attached to your store?-A. Yes, sir; dining-room attached to my restaurant. Q. 50. Public dining room?-A. Yes, sir. Q.51. It was kept in the secretary, and the key in the desk?-A. Yes, sir. Q. 52. I understood it was a steel key? Q. 53. Is it anything more than a hundred others?-A. No, sir; of course not. Q. 54. Like any other iron key, is it not?-A. No, sir; I think steel key. Q. 55. Cast-steel key, no doubt; it came from France.-A. Yes, sir; cast-steel key. Q. 56. Have you ever counted these ballots before to-day?-A. I have never counted them, but I simply took them out and ran them over, and Mr. Stone, I believe, then checked off the names. Q. 57. Is that Col. Stone C. W. Stone?-- A. He was from this place; I don't know his name. Q. 58. Frederick's agent?-A. I think so. Since that I took them to my house. Q. 59. What did you do with them then-call them over?-A. I did just as I did the first time; I said Wilson, and he checked it. Q. 60. Did he handle any of the ballots?-A. No, sir; he did not touch them. Q.62. Do you know that they have been changed since the canvass was made?— . Q.63. Were you one of the clerks at the election last year?-A. No, sir; not in November. Q.64. You say there were 241 votes cast in that township in all?-A. Yes, sir. Q.66. As by the list shown, that is the full number of votes cast you find in the ballot-box to-day ?-A. Yes, sir. Q.67. Two hundred and forty-three ballots; did you not say you found that number of ballots to-day ?-A. I guess that is what it is. Q.68. You find 121 for Wilson?-A. Yes, sir. Q.69. Did you say 108 for Frederick?-A. Yes, sir. Q. 70. 6 for Platner?-A. Yes, sir. Q. 71. Eight blanks?-A. Yes, sir. Q. 72. Now, in regard to this certificate, you say that it shows that there were 235 ballots cast for Congressinen, did you?-A. I took it for that. Q. 73. Please give it once again, so that it will be no mistake about it.-A. 132. Q. 74. Please read the whole of this certificate, beginning with this point, and let the commissioner copy it.-A. For the office of Representative in Congress, 5th dist., there were were 235 ballots cast, of which James Wilson had 132 votes, Ben. T. Frederick had 107 votes, and David Platner six votes. Q. 75. You say you swear that you believe that that is 132?—A. Yes, sir. Q. 76. Is that 30 or 20 ?-A. I believe it is meant for 30. Q. 77. Did not it read 122?-A. I am testifying as to what it was meant for. Q. 78. Did you say it was 1327-A. I say that that is what I did say. Q. 79. Did you say that is what it reads now?-A. I won't say what it was meant for Q. 80. Well, do you say that that is thirty or twenty? Is there any "h" in it?-A. I don't think there is anything very plainly written. Q. 81. Is there any "h" in that word?-A. Well, you cannot get anything more out of me than what I will testify to. I suppose the man who wrote it can tell you all about it-more about it. Q. 82. Now, let me ask you for the second letter on the twenty-or thirty, as you call it. Is not the low letter like a "u" or a "w," and goes up about half way to the height of a "t"?-A. You mean a capital T? Q. 83. No, sir; there are no capitals in it. You call it a thirty?-A. That is what I call it. Q. 84. Did you say that that letter is not a low letter like a w or a u, going about half way to the height of a t? and is not that letter what you call t-h-i-r-t-y and what I call t-w-e-n-t-y-A. I will tell you what is the letter now; the d and the t are combined; the d in the hundred, I suppose that is meant for twenty-two. Does not it read 122?-Aus. Well, I will tell you. It did not read anything; it looks as though he meant it to be written in the h. Q. 86. You say that it did not read anything; why did you read it 1321—A. Because the t and y are very plain. Q. 87. Is there an hi there?-A. Just as much as there is a t. Q. Is there any th there?-A. That is what I took it for. Q. 89. I did not ask you what you took it for.-There is no use of us quarreling. Q. 90. I want to ask you how the hundred is spelled?-A. It is spelled h-u-n-d--e-d-t-. Q. 91. What is the next letter?-A. I don't know. Q. 92. Is it an "h"?-A. It looks like a "th". Q. 93. h and t?-A. Yes, sir. Q. 94. What next?-A. It looks like an i. Q. 95. Is it dotted?-A. No, sir. Ques. 96. Does the letter next to the t come up higher than the t or about half as high? A. No, sir; about half a space higher than the t. I will spell it most any way you want to. What is the next letter to the d in hundred? The one here, this d here, the d and t is what I call.-A. Capital T in the first place. Q. 98. Is there any h there? You say there are three letters there. dth all together?-A. tth. I will tell you what is the matter. A man can make most anything out of it. Q. 99. It seems that you are able to. Now begin with the hundred and spell the letters as you make them out.-A. What good will that do? I may make it out one thing one time and another time just something else. Q. 100. Is it possible for you to do that?-A. It is possible that I have already done it. I have discovered so since I commenced looking at it. Q. 101. Now take that to the light and tell us whether you think that was written and appears to be one hundred twenty-two or one hundred thirty-two?-A. I told you a few moments ago that I believe it has been written for a 122. That is what I believe it has been written for. You don't believe it was intended for a 132?—A. No, sir. Q. 103. That has always been your impression?-A Well, it has been since I have heard the opinion of others. Q. 104. Then when you first said that you thought it was 30 or 20 what did you mean?-A. I mean that is the way I read it. Q. 105. Now, how did you read it?-A. Well, if I were to read it as I read the writing, it would read much as I had it in the first place; but if I should read it as I believe it was meant, it would read one hundred thirty-two. Q. 106. Is there any letter following the t in the twenty or thirty that goes up to more than half the height of t except the last t?-A. No, sir; there is not, unless it is the combined d in the hundred. Q. 107. But is not the d before the t?-A. Yes, sir; in the hundred, of course. Q. 108. You are calling the d in the hundred a t.-A. Since I sat down here I have discovered that the d ending the 100 is combined with the commencement of the twenty. Q. 109. You call the d in the 100 a t?-A. Yes, sir; a capital T. Q. 110. Then you read h-u-n-d-r-e-d; now, does not that read on its face 122 instead of 132?-A. What is it you want to make out of this now? Q. 201. Does it not spell on its face 122 plainer than it reads 132?—A. If a man wanted to spell 22 it would spell it, and if a man wanted to spell just what it is it would not change my mind. Q. 202. If you wanted to spell it 132 you would not change it?-A. I can spell it about as well one way as the other, if I wanted to. As I said before, I am a poor hand at reading writing. Q. 203. Were you not led into the error simply by taking the d in the hundred as being a capital t, then the d as an h?-A. I was not led into it; that is the way to read it. I am a poor hand to read writing readily. Since I examined it more clearly and carefully, I am willing to consider that it is meant for a t; that is, for twenty. Q. 204. When you see that it makes more votes than were cast you are satisfied that it was 20?-A. Yes, sir; I am. Q. 205. You see no indication of a dotted i there?-A. No, sir; I see no indications of any dot. No, sir; there is none. Q. 206. Was there any person beside you when these ballots were counted except Mr. Stone?-A. There were none in the room, I believe. I do not know but that there was some one in the front room. Q. 207. Any one near you?—No, sir. Q. 208. Who suggested to you that there was a mistake in the counting of these ballots?-A. There was not any one. Q. 209. Who asked to have the ballots counted at first?-A. There was not any one asked to have them counted. Q. 210. What did Stone want?-A. He wanted me to take the ballots out of the box and run them over. When I came to the name of Frederick or Wilson, to name them. They were not counted the day he checked them; I did not watch him check them; I know that he did not handle them, because he said he did not want to handle them. Q. 211. He told you so, then?-A. Yes, sir. Q. 212. He was particular to tell you that, was he?-A. I told him that I did not know whether to take particular pains or not. Q. 213. You were not a member of the board at the time of the election?-A. No, sir; but I went to the polls and voted and went away again. $2.05 paid as fee by contestee. STATE OF IOWA, Marshall County, 88: R. E. EVERETT. C. W. STONE, being produced and sworn before me, J. H. Bradley, a notary public in and for Marshall County, on this 10th day of March, A. D. 1883, 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. What is your name, age, place of residence, and occupation.-A. Age, 41 years: residence, Marshalltown, Iowa; occupation, railroading. Q. 2. You may state if you were present when the ballots have been counted in the different precincts of Marshall County and Tama County ?-A. I have been in nearly all of them to see all of the clerks in this county, also in Tama County. Q. 3. I will also ask you if at any time you have changed or altered any votes after the ballots have been counted, or handled any of the votes?-A. I have been particular to say to the clerk, or either of the parties who counted the votes, that they should handle them themselves, and I did not wish to touch them, so that if there was any mistake found they could come into court themselves and say that no one handled them but themselves. Q. 4. Have you changed or altered any ballot?-A. I have not touched any ballot; have not changed or altered any. I think that the first township I went to I may have taken my pencil in indicating to the man what I wanted read. I never had the ballots in my hand. Cross-examination: Q.5. What do you mean by slipping them down?-A. The ballots were strung on the string and I said to Carter to run them down and then the names would come prominently before me. Q.6. Did you do that with your pencil?—A. Yes, sir; I had my pencil in my hand. Q.7. You may have made a mark on the ballot without knowing it ?-A. No, sir. Q.8. Why not?-A. Because I did not use that end of my pencil. Q.9. How do you know?-A. I would not have made one without knowing it. Q. 10. You say you would not have made one without knowing it?-A. Yes, sir. Q. 11. How do you know that you have?-A. I know that I have not. Q. 12. You know that you have not ?-A. Yes, sir. Q. 13. How do you know it?-A. Because I did not touch them only with the but end of my pencil with rubber on it. Q. 14. That occurred in Bangor, did it ?-A. Yes, sir. Q.15. Now, you may have brought your pencil across the name of James Wilson?— A. No, sir. 9.16. Did not you remember a ticket there with the pencil mark over a part of the name?-A. I don't know that I ever examined them; Mr. Carter counted them up; be sat on the other side and examined them. Q. 17. You are employed by Mr. Frederick in this canvass ?—A. Yes, sir. Q. 18. Employed by the day or month ?-A. Yes, sir; by the day. Q. 19. You have been at work pretty near ever since this county was canvassed?— A. I think 21 days for Frederick. Q. 20. What township have you had the ballots counted in in Marshall County?— A. I think in every township in Marshall County, except Gilman and Liscomb-I have not been present at all of them; sometimes I would ask them to do it; they did it and reported afterwards. Q. 21. How many townships have you seen the ballots counted at in this county?— A. I think of 22; in the county I have seen about 16 or 17, probably. Q. 22. How many in Tama County?-A. 12 or 14. Q. 23. You told the clerks in the first place you went to that they should not let you touch them or hold them, so that they could testify that no one had hold of them but them.-A. I do not think I told them just that way. Q. 24. How then?-A. I told them I wanted them to count them and I would check them off; no one else was present; both of us compared the ballots, but they held the ballots themselves, so if there was any discrepancy they could say that nobody else touched them, especially towards the last, I said so in the first one or two townships. C. W. STONE. STATE OF IOWA, Marshall County, 88: O. P. ARNOLD, being produced and sworn before J. H. Bradley, notary public in and for Marshall County, on this 10th day of March, A. D. 1883, 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. State your name, age, place of residence, and occupation?-A. Age, 37 years; occupation, furniture dealer. Q. 2. Were you one of the judges of the election of either of the precincts in the city of Marshalltown at the Nov. election, 1882-A. I was judge in the third ward. Q. 3. You may state at what hour of the day or night the votes of that precinct were canvassed?-A. Between the hours of 8 and half-past 12 in the night. Q. 4. What kind of light did you have in canvassing the votes?-A. Gas light. ૨. Who assisted in making the canvass ?-A. G. W. Hartwell, B. L. Burrett, J.W. Morgan, Robt. Binford. Q. 6. Have you since assisted in the canvass of the votes of that precinct for the office of Representative in Congress, or have you recounted the ballots?—A. I tallied at the recount here, Saturday. Q. 7. Did the ballots have the same appearance as they had at the time of the elec tion, the same general appearance?-A. Yes, sir; I think they had the same general appearance. Q. 8. State how many votes you found cast in the last count for the office of Representative in Congress?-A. My tally-sheet shows 110 cast for Mr. Jas. Wilson, 262 for Mr. B. T. Frederick; I do not remember how many for Platner; I could not swear that they were all for Benj. T. Frederick, or all for James Wilson, or for either Wilson or Frederick. Q. 9. You may state what discrepancy you find in the return made at the election in the last count and in the original count.-A. In the original count our certificate shows 262 for Frederick, 112 for Wilson; the tally shows 110 for Wilson and 262 for Frederick. Q. 10. You may state what process you used in counting the ballots on the night of the Nov. election.-A. We straightened the ballots in the first place, and then counted in bunches of fives and tens; for instance, one judge would examine the ballots in a bunch, then count them and mark on the back the number of votes in the package, and then it would be passed to another judge, and then to another, and they would recount them. Q. 11. Now, were the tickets read separately at the time of the recount, that is, the names of each counted separately there, or were the tickets looked over and supposed to be all right and straight tickets?-A. I don't know that I understand your explanation. Q. 12. Was the name of each candidate read by the judges, or were they looked over in the bunches of 5 or 10 and marked on the back-you supposed to be straight tickets and counted in that way?—A. I do not know about the three judges; I examined all I counted. Q. 13. Did you suppose them to be correct by looking at each one?-A. I examined them by looking them over, of course; I read the names; if not orally, I read them. Q. 14. You may state if a good many of the ballots for the office of Representative in Congress were scratched ballots?-A. I should say they were; yes, sir. Q. 15. Where the printed matter had been changed by pencil?-A. Yes, sir; I should say quite a good many. Q. 16. Now you may say if some of them were erased without any name written.A. Yes, sir; I should say that there were. Q. 17. Now, might there have been an error in looking over the ballots, particularly where the name of the Representative was erased and written in-in the count at that time?-A. Yes, sir; there might have been; it would have been an easy matter to make an error of that kind. Q. 18. How many persons were candidates for the different offices that were on each ticket, all the offices, I mean?-A. I should be afraid to make a guess; I cannot tell, but I should say from 35 to 30, probably. Q. 19. When you examined the other day, you only counted over the names for one office, for Representative in Congress?-A. That is all that I tallied. Q. 20. Would not such an examination be much more thorough than where you were examining for all the offices, and only went through once?-A. Well, I should think probably; less liability. Q. 21. How many times did you go over the ballots?-A. At least three times. Q. 22. Each of you; all of the judges?-A. Well, I can only swear for myself; I do not think that I went through a package more than once, unless some other judge disagreed with me in a count. Q. 23. Were there some disagreements in the count at the election or canvass?-A. I cannot remember that there was. Q. 24. Was that not true of each of the judges, that they only went through those packages once?—I cannot swear to that, because I did not ask them how many times they counted them; they were all busy counting them. Q. 25. Were there a good many persons around at that time?-A. No, sir; we had a stall of our own, and kept them away. Q. 26. These names were called, that is, when you had the tickets from which you called the names of each candidate one after another through the tally-list, where there were straight tickets?-A. Yes, sir; through the list of each bunch. Q. 27. Were they called off in so many each bunch, or was each name called singly, tally one, or tally five, or ten?-A. We tallied the same numbers as there were in the bunch. Q. 28. Now, at the time of the canvass of the ballots, when you looked them over, did you take out each ticket separately and look it over carefully, or did you take the bunch and turn them over?-A. Well, I took them separately; we did that when we were stringing them; we would string them out, look them over carefully, and we would put them in these packages. Q. 29. Was there not a liability, after the ticket was looked over, to make a mistake by accidentally laying it up with the wrong package?-A. It might possibly occur. Q. 30. Did you canvass the votes for Representative in Congress separately from the others, or did you take out straight tickets for the State officers first, and canvass them in the different canvasses for the office of Representative?-A. My impression is that we canvassed the State tickets together; that is, straight tickets; then we canvassed the scratched tickets separately. Q. 31. Then, if the name of Frederick or Wilson, on the ticket for Representative in Congress, had been erased and it was not very clear, it might pass through your hands by error?-A. I think that all the scratched tickets were all called off separately. They were assorted and counted out after we had run through straight tickets, and counted out separately. Cross-examination: Q. 32. How good was your light?-A. We had a very good bright light. Q. 33. Was there any trouble in seeing; did anybody make any complaint?—A. Not from me, nor did I hear anybody make any complaint. Q. 34. Who took the tickets out of the box?-A. We all three judges strung the tickets. Q. 35. Did you mean to say that each of the tickets passed through the hands of each of the judges?-A. Yes, sir; I think so. Q. 36. Now, when there were scratched tickets, as for Representative in Congress, would not your attention be called very particularly to the correctness of the count for that reason than for other candidates, and was not your attention called more particularly to them than to the other candidates because of the scratches?-A. My impression is that that particular night we counted the scratched tickets, and counted them separately, because there were other names scratched on the State ticket as well as for the office of Representative. Q. 37. You laid the straight tickets in bunches?-A. Yes, sir. Q. 39. Now, when you counted scratched tickets would you not be very likely to examine with correctness the scratched ballot for the name of the ticket that was |