Page images
PDF
EPUB

correct or not. I was more than careful on that account, because I wanted to be as correct as possible.

Q. 17. What did the judges say about the 4th ward as to finding any errors! (Objection, immaterial and incompetent.)

A. I don't know that any of the judges were there.

Q. 18. Well, in the first ward?-A. I did not pay as much attention to that as I ought to; it was my duty to watch outside talk.

Cross-examination:

Q. 19. There were no judges there last Friday at Binford's office?-A. only Mr. Buckingham. I understand he was one of the judges.

Q. 20. You mean at the election?-A. Yes, sir.

Q. 21. But they were not acting as judges there?-A. No, sir.

Q. 22. Not under oath at all?-A. No, sir; nor was I.

23. This question is mere hearing, not under oath?-A. I do not know what statement they might have made, I was not paying much attention.

Q. 24. You said that they spoke of three they might have miscounted!—A. They spoke of it being possible to have overlooked it; whether it on their part, or on our own, I do not remember.

Q. 25. Those parties who said it were not officers of any election at the time?—A. Yes, sir; it might have been Pinkham who said it.

Q. 26. They were not under oath when they said it?-A. No, sir.

Q. 27. You think that it was said cheerfully by parties not under oath ?-A. Yes, sir; I presume so.

Q. 28. Did you count the ballots that day?-A. Yes, sir; I did. I sat right at his left, Mr. Barrows sat on his right. As the names were read off, each one's attention was particularly called to see if the count was correct.

Q. 29. Did you count them?-A. Yes, sir; they were counted off for Congress.

Q. 30. Did you look at the names yourself to see if they were counted correctly!— A. Yes, sir; for we looked at them to see whether any were scratched off or not. Q. 31. Did you make any mistake in counting?-A. Yes, sir; we called it 50 when it was 49.

Q. 32. Who made the mistake?-A. It was Mr. Binford.

Q. 33. Did you keep tally ?—A. No, sir; I simply sat there and counted.

Q. 34. How many ballots were counted for Frederick in the first ward ?—A. Well, I did not pay any attention to it; I simply took up the book to see that the return was determined-the difference from that.

Q. 35. You took the figures from their count and made the difference from that— A. I would take the count, put it down on the book, and foot up the difference; I took the count that he made, you understand.

Q. 36. Now, after you made the count on the 3d, how many ballots were counted for Frederick-A. That I did not put down; I put it down on paper when I was there and footed the difference, but I did not carry it with me, so I did not tax my memory with the full count.

Q. 37. You don't remember how many ballots there were from either ward ?—A. No, sir; I don't know.

Q. 38. Where did they get the ballots from that day ?-A. They were brougt out of the box.

Q. 39. Were they all strung on a string after counting-A. Yes, sir.

Q. 40. They were all strung loosely, were they not?-A. Some, I think; I think the first ward was strung; sometimes merely in the middle, not double.

Q. 41. They were strung in bunches?—A. In 5, 8, or 10 in a bunch with a string tied around them.

Q. 42. Not doubled before they were strung ?-A. No, sir; I could not say they were. ($1.60 paid as fee by contestee.)

STATE OF IOWA,

Marshall County, 88:

G. W. WESTLAKE.

CHARLES BRENNECKE 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 and J. H. Bradley on the part of contestee):

Q. 1. What is your name, place of residence, and occupation?-A. Occupation now is not any, much. I am between 63 and 67 years of age; reside in Marshalltown. Q. 2. You may state what office you have kept since last November.-A. I kept the office there with Pinkham; we were there together.

Q. 3. You may state who else has kept that office.-A. Mr. Morgan has been in there a little while-he has been in there a couple of months-I don't know how long.

Q. 4. Mr. Pinkham, Morgan, Robert Binford and yourself were the only persons there?-A. Yes, sir.

Q. 5. Did you know anything about a back room to that office; how it is seated, if it is seated at all?-A. Well, I hardly go into the room, because I have my table in the front room near the windows. I never made any use of that room, except sometimes I put my umbrella in there.

Q. 6. Have you ever known where the ballots have been kept in that room?-A. It seems to me that I saw them take the ballots out. I never noticed it.

Q. 7. Did you ever go to the box yourself?-A. No, sir.

Q. 8. Did you ever see anybody there handling the ballots other than the clerk of the election?—A. No, sir; I never saw anything of the kind. I never saw any one in there.

Q.9 Are there any doors to that room except through the office?--A. Yes, sir. When I do not see anybody around I locked it up. I sometimes leave it open when I see Mr. Binford standing down below; he generally sees who is coming up or down. Q. 10. It is not open except for a short time temporarily?-A. Yes, sir; that is all. Q. 11. You didn't know where those tickets were kept?-A. No, sir; because I saw Binford, Carson, and Johnson-that is, at one time-I saw them talking about it. I never go into the room. I have no business in there, only just as I say, sometimes in the summer time I put my umbrella in that room.

Q. 12. You have never disturbed any ballots in that room?-A. No, sir.

Q. 13. You saw Mr. Binford taking them out one day?-A. Yes, sir; he looked at them; Mr. Stone was there; that is not my business. Pinkham has his papers in there from the company; he has the big box and divides them out in there.

Cross-examination:

Q. 14. Who else besides your office-what other offices or occupied rooms open in that hall?-A. Well, two little rooms have been vacant, but the back room has been used as a place where he met to play cards sometimes.

Q. 15. Who else has offices in that building?-A. Then on the other side are two rooms occupied by our clerk; those others are people I am not acquainted with.

Q. 16. Does the hall open out back into the lot by a back stairway ?-A. No, sir; no back stairway.

Q. 17. It is front stairway ?-A. Yes, sir.

Q. 18. How many times do you suppose in the last 4 months have you been out of the office when no one lived in the office and left the door unlocked?-A. I can't tell that; I might go out and not lock the door; I lock the door unless I step out for only a few minutes.

Q. 19. How much of the time are you in the office in the daytime?-A. I stay in an hour or two; I don't generally stay longer.

Q. 20. Are you in the office in the evening ?-A. No, sir.

Q. 21. Didn't you see any one change these ballots -A. No, sir.

Q. 22. And don't know who changed them? -A. I can't tell anything about it.

Q. 23. How long ago was it you saw Binford and Stone lock them up ?-A. I can't recollect how long it was.

($0.85 paid as fee by contestee.)

STATE OF IOWA,

Marshall County, 88:

CHAS. BRENNECKE.

JOSEPH W. MORGAN, 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, and J. H. Bradley on the part of contestee):

Q. 1. What is your name, age, place of residence, and occupation? What office did you hold since the November of 1882-A. To the 1st of December I have been occupying the office with Pinkham.

Q. 2. The one that Robert Binford occupied ?-A. Yes, sir.

Q. 3. Who else occupies this office ?-A. Mr. Brenneke and Mr. Pinkham; these are the only two that I know of.

Q. 4. You may state if that office has been locked during the night since you occupied it.-A. I suppose it has.

Q. 5. You may state whether it has been locked, except when it has been occupied during the day, as far as you know.-A. I think that there have been times when the office has been open during the day.

Q. 6. How long a time at a time?-A. I cannot tell.

Q. 7. You may state how the back room has been kept in that office.-A. No entrance to, except through the front or side door. I think that it has been kept uniformally locked.

Q. 8. Do you know where the ballots of the November election have been kept since you occupied that office?-A. I can only answer that question by saying that on the night of the election the votes of the 3d ward were carried in the office of Mr. Binford, and I went with him. Further than that I know nothing of the votes. Nothing except up to the time when Mr. Stone came there to look them over.

Q. 9. Have you ever handled the votes or changed the ballots in the box?-A. No, sir.

Q. 10. Ever been to the box or known of anybody else going to it, or disturbing it, except at the time Mr. Binford examined these?-A. No, sir.

Cross-examination:

Q. 11. You didn't change those ballots?-A. No, sir.

Q. 12. You don't know who did it, do you?-A. No, sir. ($0.85 paid as fee by contestee.)

A. N. FRENCH recalled.

JOSEPH W. MORGAN.

MARSHALL COUNTY, March 10th, 1883.

Q. 1. You may state if you are the auditor of Marshall County, Iowa.-A. Yes, sir. Q. 2. State if you have a copy of the abstract of the returns of the board of supervisors to the board of State canvassers of the votes cast for Representative in Congress, November election, 1882.-A. Yes, sir.

Q. 3. State if you have the poll-books that were returned to you by the judges of the election of the different precincts in the city of Marshalltown in the Nov. election, 1882.-A. Yes, sir; I have.

Q. 4. Have you the first ward, city of Marshalltown, and state how many votes are shown by the poll-books to have been returned for the office of Representative in Congress in that ward, and how many for each candidate.-A. First precinct, office of Representative in Congress, 5th district, 249 ballots cast, of which James Wilson had 84, B. T. Frederick 163, David Platner 2.

Q. 5. Does that agree with the tally-list? Turn to the abstract of the election and state how many were returned to the board of State canvassers of the precinct.-A. Frederick 163, James Wilson 84, Platner 2; yes, sir; it agrees with the abstract. I am not tallying out with the tally-list now.

Q. 6. Look at the abstract of the 3d ward in Marshalltown and state how many votes were certified for the office of Representative in Congress to the board of State canvassers, and how many were returned by the election board in that precinct as shown by the poll-book or certificate returned, and how many each candidate received.-A. For the office of Representative in Congress, 5th district, there were 374 ballots cast, of which James Wilson received 112; B. T. Frederick, 260; David Platner, 2.

Q. 7. Look at the abstract and see how many the abstract were returned to the board of State canvassers for the respective candidates for the office of Representative in Congress.-A. They agree except as to Platner. I read it 5. It is about two on the poll-book.

Q. 8. State if the abstracts and poll-books of the 3d ward agree, and how many were returned as shown by the abstract returns to the board of State canvassers.-A. Abstract shows James Wilson, 112; Frederick, 260; David Platner, 5.

Q. 9. How many shown by the poll-books-A. Wilson, 112; Frederick, 260; Platner, 2.

Q. 10. How many as shown by the poll-book returned from the precinct? What is the discrepancy between the abstract and tally-list ?-A. I read it 3 votes on Platner's ballot.

Q. 11. You may look at the abstract for the 3d precinct in the city of Marshalltown and state how many votes were returned to the State board of canvassers for the office of Representative in Congress for each candidate.-A. The 2nd ward precinct, James Wilson had 126; Frederick, 188; Platner, 11.

Q. 12. Look at the returns made to the board of supervisors, Marshall County, Iowa, for the precinct, and state how many each returned for the office of Representative in Congress in the November election.-A. 295; James Wilson had 126; Frederick, 158; Platner, 11.

Q. 13. Take the 4th ward, city of Marshalltown, and see by the abstract, as certified by the board of Co. canvassers, Marshall County, to the board of State canvassers, and state how many were returned as votes cast for the office of Representative in Congress, 4th ward.-A. James Wilson, 98; B. T. Frederick, 270; Platner, 4.

Q. 14. Look at the poll-book of the returns to the board of county canvassers for the 4th ward precinct, and state how many were returned for each candidate for the office of Representative in Congress.-A. 373, of which James Wilson received 95; B. T. Frederick, 270; David Platner, 4.

Q. 15. State if these are all the returns you have of the votes cast at the November election, 1882.-A. Yes, sir; they are.

Q. 16. State if that is the correct copy of the abstracts as returned to the secretary of state of the votes for Representative in the 5th district.-A. Yes, sir; it is for these precincts.

($0.85 paid as fee by contestee.)

A. N. FRENCH.

No. 3.

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. S. Adams, whose testimony was taken Feb. 22, 1883, do truly certify that on the 10th day of March, 1883, in pursuance of the notice hereunto attached, I took the depositions of the following-named witnesses: W. D. Forbush, O. B. Barrows, Bob't Binford, O. B. Barrows (recalled), C. M. Norton, W. H. Harrington, R. E. Everett, A. B. Taplin, C. W. Stone, C. A. Stephens, O. P. Arnold, C. B. Pinkham, N. C. Nelson, F. B. McGrew, R. Estabrook, G. W. Hartwell, G. W. Westlake, Chas. Brennecka, Joseph W. Morgan, A. N. French (recalled), whose testimony is set forth herein in the following manner:

Each witness was first sworn by me duly, or caused to be sworn in my presence, as provided by law, and when sworn, the questions were propounded to him by respective parties, Benj. T. Frederick, contestant, and James Wilson, contestee, by their respective att'ys, and the question by me read to the witness, who answered the same, and his answer in the language of the witness was by me taken down, under each question propounded, and reduced to writing until 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. I further certify that T. Brown and Carney appeared as counsel for contestant, Benj. T. Frederick and J. H. Bradley appeared as counsel for James Wilson, contestee. In witness whereof I have set my hand and seal hereunto notarially, this 10th day of March, 1883. [SEAL.]

ELDON MORAN, Notary Public for Johnson County, Iowa, and Commissioner agreed upon to take testimony. No. 4.

STATE OF IOWA,

Marshall County, 88:

C. B. PINKHAM, being produced and sworn before J. H. Bradley, a notary public for Marshall County, on this 4th day of May, 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. Were you one of the clerks or judges in the November election, 1882 ?—A. Yes, sir; I was in the first ward.

Q. 2. You may state if you run out of register blanks during that election.-A. No, sir; they did not in my ward.

Q. 3. There are no returns, then, in that ward if any one voted without registering?-A. We didn't run out of blank certificates; we had them in use all day. Q. 4. You used certificates all day in your ward?-A. Yes, sir.

Q. 5. Were all the voters registered in your ward; whenever they came to vote without being registered they were all sworn?

(Contestee objects to the question as immaterial and incompetent.)

A. Yes, sir; they were.

Q. 6. They were always sworn to by a freeholder in the ward or the city that you were acquainted with?"

(Contestee objects as immaterial and incompetent.)

A. Yes, sir; they were, with one exception. I didn't think of it until afterwards. One man, not a freeholder, was certified to by Mr. East; he wasn't a freeholder.

Q. 7. Is he a deputy sheriff?-A. No, sir; the brother of the deputy sheriff. I did not think of it until too late.

Q. 8. Was he one of the clerks of the board?-A. No, sir; one of the judges. It occurred to me afterwards that he vouched for it; it was too late to rectify it when it was ascertained.

(No fee.)

STATE OF Iowa,

Marshall County, 88:

C. B. PINKHAM.

O. P. ARNOLD, being produced and sworn before J. H. Bradley, notary public for Marshall County, on this 4th day of May, 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. You live in Marshalltown --A. Yes, sir; I do.

Q. 2. Were you one of the judges in the November election of 1882-A. Yes, sir; for the 3rd ward.

Q. 3. You may state if there were parties who voted there in that ward whose names were not on the register.-A. Yes, sir.

Q. 4. You may state if they were proved to be voters whose names did not appear, if they proved their residence?

(Contestee objects; incompetent, immaterial, and not the proper rebutting evidence.)

A. Yes, sir.

Q. 5. Did you run out of blanks that day?—A. Yes, sir; we did.

Q. 6. What was done to supply the absence of blanks!

(Objection; immaterial).

A. I think blank pieces of paper were taken, and the voters signed them.

Q. 7. All the witnesses signed the paper also?-A. Yes, sir; those who vouched for them.

Q. 8. Well, now, did the parties who vouched for the voters also swear that those who voted were voters?-A. Yes, sir.

Q. 9. Do you remember of any person that was permitted to vote that was not registered; that proof did not appear satisfactory to the board that they were entitled to vote in that ward?

(Objection; incompetent and immaterial.)

Q. 10. Did you know of any person being permitted to vote whose name did not appear on the registration book; that is, proved to the satisfaction of the board that he was a resident in the ward and entitled to vote?

[blocks in formation]

Q. 11. Now what was the form of the oath administered-the same as the oath required by the registry law?

(Objection; incompetent and immaterial.)

A. Yes, sir; I don't know as the oath was read in full every time, but it was substantially the same.

Q. 12. Were the witnesses interrogated as to where the party lived and as to his knowledge of his right to vote?

(Objection; immaterial and incompetent; not the proper rebutting evidence.)

Q. 13. That is, the witnesses that were sworn?-A. Yes, sir, I think that they were; that is my impression.

Q. 14. He gave the evidence upon that subject before the party stated that he knew where the party lived?-A That was provided for in the oath.

Q. 15. He made answer to the oath, did he ?-A. Yes, sir.

Cross-examination:

Q. 16. You say that he subscribed to the oath; do you mean that he wrote his name at the bottom oath ?-A. Yes, sir.

Q. 17. What was the oath written upon?-A. Which have you reference to!

Q. 18. I mean those voters that were not registered after you ran out of blanks?— A. The oath was read from another paper.

Q. 19. Wasn't it simply a blank of paper the voter signed his name to the bottom and left in blank both oath of witness and voter ?-A. Yes, sir, that is a fact.

Q. 20. Then the oath subscribed to was simply a blank piece of paper -A. Yes, sir. Q. 21. Then the subscribing was written on a piece of blank paper?-A. Yes, sir. Q. 22. Then there was no oath subscribed to in the case?-A. No, sir; not on those blanks.

Q. 23. Was the oath administered in due form?

(Objection as incompetent.)

A. Yes, sir, I think that it was.
($0.85 paid as fee by contestant.)

STATE OF IOWA,

Marshall County, 88:

O. P. ARNOLD.

O. B. BARROWS, being produced and sworn before J. H. Bradley, notary public of Marshall County, on this 4th day of May, 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. Were you one of the judges at the election of the 2d ward, city of Marshalltown?-A. Yes, sir.

Q. 2. You may state if you remained there during the day.-A. Yes, sir; except while I was gone to dinner.

Q. 3. State if all the persons not upon the register list of the election in that ward

« PreviousContinue »