made a report setting forth in substance the same facts to F. A. Woolfley, United States supervisor for the State of Louisiana, immediately after said election.

W. C. YEAGER.

Sworn to and subscribed before me at Vidalia, La., this 25th March, 1875.

J. S. MENG,
Parish Judge

TESTIMONY FOR CONTESTEE.

Testimony of R. H. Columbus.

ROBERT H. COLUMBUS, Sworn for defendant, says:

I bave carefully examined the testimony of John F. Dameron, taken this day in this cause, and hereinbefore written, and I fully confirm his statement of the facts relative to the election at fifth-ward poll of Concordia on 2d November, 1874, with the following exception: I made no objection to the opening and counting of the votes at the polls. Said election was free and fair.

R. H. COLUMBUS. Sworn to and subscribed before me this 26th March, 1875, at Vidalia, La.

J. S. MENG,
Parish Judge.

Testimony of Thomas E. D. Jefferson.

THOMAS E. D. JEFFERSON, sworn for defendant, says:

I have carefully examined the testimony of John F. Dameron, taken this day in this cause, and hereinbefore written, and I fully confirm his statement of the facts relative to the election at fifth-ward poll, Concordia Parish, on 2d November, 1874, with the following qualification and exception, to wit: I made no objection to opening and counting the votes at the polls, but stated I had served as a commissioner of election before, and always took the boxes to Vidalia to count them; and we had no instruction book to guide us, and I did not know what else to do, believing that to be the law. I had left the instruction book at home, having forgotten to take it with me. The election on that day was free and fair.

THOS. E. D. JEFFERSON.

Sworn to and subscribed before me at Vidalia this 26th

1875.

J. S. MENG,

Parish Judge.

TESTIMONY TAKEN IN CARROLL PARISII.

TESTIMONY FOR CONTESTANT.

Testimony of T. J. Galbreth.

T. J. GALBRETH, Sworn on behalf of the contestant, William B. Spencer, testified as follows:

Question. Where do you reside; what is your occupation, and how long have you been so occupied ?-Auswer. I reside in Lake Providence,

Carroll Parish, Louisiana. I am deputy clerk of the district court, and have been since May, 1873.

Q. Have you not been the principal deputy, and as such had entire control of the office during your said occupancy?—A. I have, since the 26th day of July, 1873.

Q. Have or have not there at any time since the 2d day of November, 1874, been on deposit in the clerk's office of said parish any records of an election held on said day, including the ballot-boxes, lists of persons who voted and of persons voted for, and the offices for which they were voted, and of the number of votes received by each, the number of ballots in the boxes, the number of votes rejected, and reasons therefor, and tally-sheets, all signed and sworn to by the commissioners of election of each poll? And has any document or list of any character connected with said election, or any box containing the ballots cast at said election, been deposited in said clerk's office?-A. There have been none, except a tally-sheet handed me by a commissioner of the first ward, which tally-sheet was afterward taken out of my office and carried away.

Cross-examined by contestee, FRANK MOREY:

Q. Has diligent search been made for these ballot-boxes and papers appertaining to said election by yourself or others?-A. There has been.

Q. Do you know where these ballot-boxes and papers are ?—A. I do

not.

Q. Did you examine the one tally-list?

(This question is objected to by contestant, on the grounds that the proper evidences of an election are the official returns of the officers of election and cannot be supplied by parol.)

A. I did, so far as it appertained to the election of senator for this district, but did not as to any other candidates.

Q. Were you not present when that tally-list was made out ?—A. I was present when some tally-lists were made out at the first ward, but do not know whether this was one of them or not.

Q. How many tally-lists did you see made out?—A. Three.

Q. Were they all alike, or did they all correspond?—A. They did; but after I came away a new set were made out, and I don't know what became of those I assisted in making.

Q. In regard to those which you helped make out, who assisted you ?— A. T. B. Rhodes, E. Mayer, E. M. Spann, and, I think, David Jackson. Q. Do you mean that the tally-lists that were made out after you left differed from those you assisted in making in regard to the votes received by the candidates for Congress ?-A. I cannot say whether they differed or not.

Q. Did the tally lists that you saw made out give a correct statement of the votes as they were counted from the ballot-box?-A. If the man calling the names from the tickets called the names correctly, the tallylists I assisted in making were correct.

Q. Was there any fraud or unfairness in counting the votes or making out the tally-list that you saw or were aware of?-A. There was not.

Q. Who called off the votes when the tally-lists were made out that you assisted in making?—A. I think E. M. Spann called off for a couple of hours, and then T. B. Rhodes. They were commissioners of election. Q. Were there or not a number of spectators present during the counting-A. There was.

Q. Did you or not hear any complaints of unfairness by any member of either political party in counting?-A. I did not.

Q. Do you remember how the ratio stood at the counting of the votes for member of Congress?—A. I do not remember.

Q. Were you present during the entire day at the election held at ward No. 1, held on 2d November?-A. I was.

Q. Did you pay strict attention to the manner in which the election was conducted as to its fairness or unfairness?—A. I did, and thought it a fair election.

Q. Did you hear any charges of unfairness made by either party during the day?—A. I did not.

Re-examined:

Q. Were you or were you not inside the room most of the day where the commissioners were, and therefore not in a position to know what was going on outside?-A. I think I was in and out of the room about equally during the day.

T. I. GALBRUT.

Sworn to and subscribed before me this 27th day of April, A. D. 1875. S. DUNCAN GLENN,

Notary Public.

Testimony of R. M. Lackey.

R. M. LACKEY, sworn on the part of contestant, William B. Spencer, testifies as follows:

Question. Where do you reside? And were you or not supervisor of registration and election for the parish of Carroll for the election of November 2, 1874?-Auswer. I reside in the parish of Carroll, and was the supervisor of registration, as stated.

Q. Were or not the election-returns of the election held 24 November, 1874, for Carroll Parish, which were put before and promulgated by the State returning-board made out and signed by you?—A. They were not made out and signed by me, or by my authority.

Cross-examined by contestee FRANK MOREY:

Q. When did you first inform anybody of this fact?-A. This is the first time that I have spoken about it.

Q. Did you not tell any one that you could swear to this before this morning-A. No.

Q. Then you have kept this fact to yourself until this morning ?—A. Yes.

Q. How do you know that the returns put before the returning board were not signed by you?—A. Because there were more votes on the returns before the returning-board as promulgated than there were on the returns I signed.

Q. What do you mean by saying there were more votes on the returns before the returning-board than were on the returns by you made; that is to say, were there more votes for all of the candidates or more for some of them ?-A. There were some four of the candidates who were credited by the returns with more votes than they received or I returned for them.

Q. Did you ever see the signatures to the returns before the returning-board-A. No.

Q. Were the returns which you signed correctly made up from the returns of commissioners of election ?-A. Yes.

Q. Do you know that the returns which were before the returningboard differed from the returns which you signed in respect to the votes for member of Congress?

(This question is objected to by contestant on the grounds that the returns themselves would be the best evidence of the matter inquired of.)

A. I know that they did differ.

Q. In what respect did they differ?

(Contestant makes the same objection to this question as to the preceding one.)

A. Because the republican candidate for Congress, by my returns, did not receive more votes than the other republican candidates.

Q. What vote did Morey receive for Congress according to your returns?

(Contestant makes same objection to this question as to the two preceding ones.)

A. About seventeen hundred and fifty votes.

Q. Do you mean seventeen hundred and fifty votes or seventeen hundred and fifty majority?

(Same objection by contestant.)

A. I mean seventeen hundred and fifty votes.

Q. Do you know how many votes were given for Morey by the returns before the returning-board?

(Contestant makes same objection to this question as to the previous ones.)

A. According to the official journal of the State the returning-board gave Morey a little the rise of two thousand votes.

Q. Do you recollect what Spencer's vote for Congress was by the returns you made?

(Contestant makes same objection to this question as to the preceding ones.)

A. As well as I can recollect, Spencer's vote was something over four hundred, and not exceeding five hundred votes.

Q. How many votes did Spencer get in the first ward?

(Contestant makes same objection.)

A. I do not recollect.

Q. How many did Spencer get in the second ward? (Contestant makes same objection.)

A. I do not recollect.

Q. How many did Spencer get in the third ward? (Contestant makes same objection.)

A. I do not recollect.

Q. How many did he, Spencer, get in the fourth or fifth ward? (Contestant makes same objection.)

A. I do not recollect.

Q. Who assisted you in making up your return from the returns from the different polls in the parish?—A. W. W. Benham.

Q. Did any one else assist you?-A. James S. Millikin, one of my clerks. Both Benham and Millikin were commissioned clerks of the supervisor of registration.

Q. Did you discharge the duties of your office honestly and fairly according to the best of your ability?-A. I did.

Q. Mr. Spencer, in his notice of contest, charged that you were the mere tool of George C. Benham and others of Morey's supporters; is that true or false?-A. It is false.

Q. Do you not recollect that, according to the returns made by you,

Morey received about the same vote in the parish that was cast for Dubuclet?

(Contestant makes the same objection to this question as to the previous ones.)

A. He did not receive the same vote as Dubuclet.

Q. What vote did Dubuclet receive in the parish?

(Contestant makes same objection as before, and as, also, irrelevant.) A. As well as I can recollect, about two thousand or more.

Q. How many more do you think?

(Contestant makes some objection.) A. I am unable to say.

Q. How do you know that Dubuclet received as many as two thousand?

(Same objection by contestant.)

A. Because he was a very popular man in the parish, and ran ahead of his ticket, many white men aud democrats voting for him.

Q. How many democrats voted for Dubuclet to your knowledge? (Objected to by contestant as irrelevant.)

A. I know of one who voted for him and I heard others say that they had.

Q. Give the names of those who you heard say so?

(Contestant makes some objection.)

A. James S. Milliken, J. M. Gaddis, Joe Leddy, and James Leddy. These are all I now recollect.

Q. What is the total registration of this parish?-A. Twenty-five hundred and thirty.

R. M. LACKEY.

Sworn to and subscribed before me this 27th April, 1875.
S. DUNCAN GLENN,
Notary Public.

Contestant offers in evidence certified copy of the entire record in case No. 6229 on the docket of the district court of Carroll Parish, entitled Nicholas Burton et al. rs. Charles Hicks et al., marked Exhibit B.

Contestee, Morey, objects to this record on the grounds that it is res inter alios acta. (See Appendix for Carroll Parish, Exhibit B.)

Testimony of J. E. Burton.

J. E. BURTON, sworn for contestant, William E. Spencer, testifies as follows:

Question. Where do you reside now and where did you reside on 2d November, 1874?-Answer. I reside in Carroll Parish.

Q. Were you or not a candidate at the election on 24 November, 1874, on the republican ticket in this parish? If so, for what office?—A. Í was, for member of the house of representatives for the State.

Q. Did you ever examine the returns of said election that were before and that were canvassed by the State returning board for the parish of Carroll?-A. I did.

Q. Did you see the signature of R. M. Lackey that was signed to said returns before the returning-board; and if so, was it his genuine signature?-A. I have frequently seen Lackey's signature, and to the best of my belief his signature to said returns was not genuine. I think the handwriting was superior to what Lackey can write, but I cannot swear positively.

Q. Are you acquainted with the signatures of E. M. Spann, Thomas F. Moutgomery, and R. M. Bagley?

(Contestee objects to this question.)