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election canvassers in said precinct in counting out the ballots and the number of votes cast and in counting the number of ballots polled and in making return of the poll-books in said precinct committed an error. The said poll-books in said precinct show that one hundred twenty-eight votes were cast for Representative in Congress in said precinct, of which Benjamin T. Frederick received sixty-three votes. Yet the returns from said township duly made by the township canvassers only showed your said contestant received fifty-three votes, when in fact the ballots actually cast and the number of persons voting and the tickets show in fact said Benjamin T. Frederick did receive sixty-three votes.

That afterwards said error and mistake was discovered and a new return made correcting the error, but after the abstract of the returns had been made by the board of county canvassers to the secretary of state; and hence the said Benjamin T. Frederick, your contestant, received ten more votes than were counted and returned for bim in said precinct.

Also, that five persons voted for said James Wilson in said township for said office who had no right to vote in said precinct and were not qualified voters therein for office of Representative in Congress.

Specification ninth. Your contestant further shows that at said election aforesaid, in the district and State aforesaid, in the township of Big Grove, an election precinct in Johnson County aforesaid, in said district, there were polled for your contestant for said office aforesaid—there was one more vote cast for your contestant than was returned and certified by the board of canvassers in said precinct. And there was also counted two more votes for said James Wilson than he was entitled to receive in said precinct. Also, that five persons voted in said precinct for James Wilson for the said office of Representative in Congress who were not qualified voters in said precinct and had no right to vote, whose ballots were received and counted.

Specification ten. Your contestant alleges that at said November election aforesaid, in a certain election precinct known as West Lucas Township, in the county of Johnson, in the district and State aforesaid, the said James Wilson was credited in the returns from said precinct three " ore votes than were cast for him, and Benjamin T. Frederick was credited with three votes less than were cast for him. And also that three other perfons not electors and not qualified to vote in said precinct voted for and were permitted to vote for said James Wilson in said precinct for said office of Representative in Congress, and that said abɔve error in counting against contestant and in favor of said Wilson was an error in the vote for the office aforesaid.

Specification eleven. Your contestant further shows that at the election aforesaid, in the district aforesaid, in the townships of Jefferson, Munroe, Hardin, Madison, Penn, Clear Creek, Newport, Graham, Scott, Union, Washington, Sharon, Liberty, Fremont, Pleasant Valley, Lincoln, East Lucas, North Iowa City, South Iowa City, and Big Grove Township, all in said county of Johnson and in said district aforesaid, in the State of Iowa, there were counted by the several township canvassers for the office of Representative in Congress for James Wilson three votes in each townsbip more than he actually received and there were counted for said Frederick ten votes in each township less than he actually received, and also that in each of said townsbips five persons, not qualified voters and who had po rigbt to vote in said precinct, voted for said James Wilson, and sucb illegal votes were counted for him for said office of Representative in Congress.

Specification twelve. Your contestant shows that at said November election, in the year 1882, in the precinct of Vinton, in the town of Vinton, in the county of Benton, in the district aforesaid, at said election aforesaid, ten disqualified persons not voters or electors in said precinct wbere they voted, were permitted to vote illegally for James Wilson for the office of Representative in Congress, and their votes counted.

That in counting the ballots cast the judges of election permitted persons not officers, clerks, or judges of said election to count the votes; that spurious ballots were pat in the box for said Wilson, and more votes were counted for him than he actually received for said oftice; that persons not clerks of said electiou were permitted to count and handle the ballots while the votes were counted out, and to keep the tallylist and poll-books, and ten more votes were counted for said James Wilson than ne actually received, while ten less votes were counted for your contestant than he actually received for said office of Representative in Congress in said election precinct.

That in the county of Benton aforesaid, and in Homer Township, in said county, in the district aforesaid, at the election aforesaid, six persons who were unauthorized to vote, and who were not electors in said precinct, voted illegally at said electiou, and their votes received and counted for said James Wilson for the office of Representative in Congress, and less votes were counted for your contestanı for said office tban were cast for him.

That in the township of Jackson, county of Benton, at the election aforesaid for the office aforesaid, seven votes were cast by persons not authorized to vote and not electors for James Wilson for said otlice of Representative in Congress, aud such illegal votes were counted and returned for him, while less votes were counted in said precinct at said election for said oftice than were, in fact, cast and voted for your contestant.

And at said election aforesaid, in the county aforesaid, in the State avd Congressional district aforesaid, at the township of Canton, an election precinct in said county, eight persons not legal and qualitied voters and electors voted for said James Wilson for the office of Representative in Congress in violation of law, and said votes were counted and returned for him illegally, while in said precinct aforesaid the said contestant had less votes counted and returned for him than were in fact cast for hinu for said office.

Specification thirteen. Your contestant further shows that at the election held in November, 1882, aforesaid, in the precinct of Polk Township, county of Benton, district and State aforesaid, the board of election and canvassers in said precinct failed to count and return all tho votes cast for your contestant for the office of Representative in Congress, but that four votes were cast for him, not counted, and returned by said board, that should be credited to him, and four illegal votes were cast for James Wilson in said precinct at said election by persons not legal voters and electors, and were counted for said Wilson for the otfice aforesaid and returned unjustly and illegally to his credit.

Specification fourteenth. Your contestant further charges that at the November election in 1882, in the following election precincts in the county of Benton, to wit, Harrison Township, Bruce Towuship, Munroe Township, Taylor Township, Polk Township, Benton Township, Shellsbury Township, Eden Township, Kane Township, Union Township, Eldorado Township, Fremont Township, Florence Township, St. Clair Township, Leroy Town. ship, and Iowa Township, each being an election precinct in said county, in each of said precincts four persons whose names are unknown to contestant, who were not legally qualitied voters and electors, voted for James Wilson for the office of Representative in Congress, and such illegal votes were counted for him wrongfully, and in each of said townships more votes were counted for James Wilson than were cast for him, and less votes were counted for Benjamin T. Frederick than were cast or polled for him for said ottice aforesaid.

Specification fifteen.

Your contestant further shows, alleges, and notities you that at the said November election, in the year 1882, held in Iowa County, in said district and State aforesaid, in the following election precincts in said county last aforesaid, to wit, Cono, Washington, Lenon, Henry Creek, Amana, Marengo, Iowa, Hilton, Summer, Hartford, Lincoln, Pilot, Troy, York, Dayton, English, Fillmore, and Green Townships illegal votes voted by persons disqualitied to vote by law in said precincts, to wit, five persons, not electors or voters, did at said election aforesaid wrongfully vote for James Wilson in each of said precincts for the orice of Representative in Congress for said district, and such votes were counted for him, and three votes more were counted in each of said precincts for said Wilson for said office than were cast for him, and five votes less were counted for this contestant for said office iu each township than he received.

Specification sixteen.

And this contestant further charges and shows that at said election aforesaid, in the district and State aforesaid, in the election precinct of Buckingham, in the county of Tama, in said district, there were cast for Benjamin T. Frederick for the office of Representative in Congress forty-three votes; that the judges and can vassers of said election, by error and mistake, only returned thirty-eight votes as cast for him, and tive less votes than were cast for him in said precinct, and more votes were counted by one vote for James Wilson for said office tban he received. Also, that five persons not legal voters or electors, but disqualified voters and electors, voted for James Wilson for said office in each township and election precinct, and such votes were counted and returned for him.

Specification seventeen. This contestant alleges that at said November election last aforesaid, in the county of Tama aforesaid, in the district aforesaid, to wit, in Tama, Perry, Geneseo, and Toledo Townships, each of which were voting precincts, in each of which five illegal votes were cast by persons not electors and not qualified to vote in said precincts or either of them for James Wilson for the office of Representative in Congress, and also that in counting said votes in each of said precincts said judges of the election and canvassers counted five less votes for said contestant than he in fact received for said office.

Specification eighteen. This contestant further shows that in the county of Tama aforesaid, in said distriet and State aforesaid, at the election held in November, A. D. 1882, aforesaid, in the Township of Clark, said election was corruptly and illegally conducted. That one of the judges of said election bet and wagered money on the result of said election, and prepared spurious tickets to deceive the voters, and placed some of them in the ballot-box unlawfully, and during the day of the election, and during the time the polls were open the ballot-box was carried away by one of the judges of said election, and in canvassing the votes more votes were connted for James Wilson than there were ballots cast for him, and fraudulent and spurious tickets were counted for him for said office of Representative in Congress, and six persons not qualified or legal electors voted for said James Wilson, and their votes counted for him for said office, and less votes counted for contestant than he was entitled to receive and were cast for him.

Specification nineteen. This contestant shows that in the county of Tama, in said district, in a certain precinct known as Carroll Township, at said election aforesaid, this contestant had fortythree votes cast for him for the office of Representative in Congress for said district, yet no returns were made by the judges and canvassers of said election whatever of such votes. That in said township said judges of said election wrongfully sent up a paper to the board of county canvassers crediting James Wilson forty-eight votes in said township, bnt did not certify the same. That said judges of election were not sworn, nor were the clerks, nor were the returns in any way certified or identified, yet the board of county canvassers counted and returned and certified in the abstract of said votes cast at said election made to the board of State canvassers said fortyeight votes as votes cast for James Wilson wrongfully for said office of Representative in Congress, and also certified more votes tban were in fact cast for him, and said board of township canvassers certified and counted less votes for contestant than were cast for him.

Specification twenty. Your contestant further shows that at said November election held in 1882 aforesaid, in the district and State aforesaid, in the townsbip of Highland, in the county of Tama aforesaid, the board of canvassers of said precinct last aforesaid returned nide votes, by error in counting, that were in fact cast, as shown by the ballots for this contestant, less than were cast for him for the office of Representative in Congress, and also four persons not qualitied to vote, and not electors in said precinct, were permitted to vote, and did vote, for James Wilson for the office of Representative in Congrees, and were counted for him illegally, and the nine votes not counted above referred to were cast for this, your contestant, for the office of Representative aforesaid, and he should be credited with them.

Specification twenty-first. This your contestant, Benjamin T. Frederick, shows further: That at the said election held on the first Tuesday after the first Monday in November, A. D. 1882, in the said fifth Congressional district in the State of Iowa, in the county of Linn, in said district, in the election precinct herein below named, he claims the following matters set forth, to wit: That in the city of Cedar Rapids, in said district, fifteen votes were cast for James Wilson for the office of Representative in Congress by persons not legal voters and not qualified to vote, whose names are unknown to contestant, and such votes were counted for said Wilson for the said office. And less votes were counted for Benjamin T. Frederick, your contestant, than he was entitled to receive by three votes. That in the township of Grant, in said county, five votes were cast for James Wilson for the office of Representative in Congress at said election aforesaid by persons not legal electors or qualified to vote in said township and precinct, and less votes were counted for this contestant for said office in said election precinct than he was entitled to receive. That in the township of Spring Grove, in said county, at

said election aforesaid, sis persons not legally or qualified voters or electors in said precinct voted for James Wilson for said office of Representative in Cougress, not by law authorized to vote and whose votes were illegal, and your contestant received in said precinct more votes by two than were counted for him for said office by the canvassing or election board of said precinct.

That in the township of Jackson, an election precinct in said county last aforesaid, four illegal and disqualified persons not voters or electors in said precinct voted for said James Wilson for the office of Representative in Congress illegally, and said votes were counter and returned for him, the names of such voters being unknowu, and less votes were counted and returned by five by the judges and election canvassers of said precinct for your contestant for said office than were cast for him at said election.

That in the township of Bowlder, in said connty, at said election aforesaid, three persons not legally qualified voters and electors in said precinct voted for James Wilson unlawfully for said office of Representative in Congress aforesaid, whose names are to contestant unknowil, anii the board of election iu suid precinct counted and returned less votes for your contestant by three than were in fact cast for him in said precinct for said office aforesaid.

That in the township of Otter Creek, in the county aforesaid, at said election aforesaid, five persons not legal voters or electors in said precinct unlawfully and wrongfully voted for James Wilson for the office of Representative in Congress, whose names are unknown to contestant, and the board of canvassers in said election precinct, in counting the votes, counter more votes for James Wilson and less votes for your contestant than had been cast for said respective parties for the office aforesaid.

That in the townships of Maine aud Buffalo, each election precincts in the county aforesaid, at the election aforesaid, seven illegal and disqualitied persons, not electors, voted in each of said precincts for James Wilson for the office of Representative in Congress, and on the canvass of the votes in said precincts, and in each of them, an error was made by the board of canvassers, whereby more votes for said office were counted for James Wilson and less votes for your contestant than the respective parties were entitled to receive.

That in the townships of Munroe, Brown, and Marion, each election precincts in said county of Linn aforesaid, at the election aforesaid, ten illegal votes were cast in each of said precincts for James Wilson for the office of Representative in Congress by persons not electors in said precinct, and not legal voters therein, and the judges of said respective townships, and canvassing board counted and returned the same, and in counting and returning the votes cast, returned five votes for said office for your contestant in each of said townships less tban were cast for him.

That in the township of Clinton Rapids, in said election aforesaid, six illegal and disqualitied persons, not voters or electors, voted for James Wilson for the office of Representative in Congress whose names are unknown.

That in the township of Linn, in the county aforesaid, one illegal vote was cast at said election for James Wilson by a person not a voter or elector in said precinct for said office aforesaid.

That in the townships of Fairfax, College, and Franklin, in the county aforesaid, each being in the county aforesaid, each being an election precinct in said county, at the election aforesaid five illegal and disqualified persons voted for said James Wiison for said office of Representative in Congress in each of said precincts. Aud in each of said precincts more votes were cast for your contestant than were counted and returned for him for said office of Representative in Congress,

This your contestant, Benjamin T. Frederick, claims that he will and can verify; that he was at the November election in 1882, held in said fifth Congressional district of Iowa, duly elected to the office of Representative in Congress by a majority of all the votes cast at said election, and that he will prove and substantiate the several specifications herein set forth, and he requires that you, James Wilson, serve a copy of your answer to the varione specitications herein set forth upon him within thirty days from the day of service of this notice of contest and make defense thereto. And he further notifies you that he will in due time present his proofs before the House of Representatives of the United States, and ask that he be declared the dnly elected Representative in Congress in and the fifth Congressional district of Iowa.

B. T. FREDERICK. BROWN & CARNEY,

Solicitors for Contestant.

Exhibit A.Proceedings of the board of supervisors Marshall County, Iowa. The board of supervisors in and for Marshall County, Iowa, convened as a board of canvassers November 13th, 1882, at 12 o'clock m., and proceeded to canvass the votes cast in the several election precincts iu said county at the general election held November 7th, 1882. All the members of the board were present and called to order by Geo. A. Turner, the chairman, who presided.

The canvass proceeded without interruption until the return from Taylor Township was examined, when objections were made to having the vote from said Taylor Township canvassed. It appeared that two only of the judges who presided at said election in Taylor Township had signed the returns. After being advised in the matter Supervisor Archerd presented the following:

"Whereas the poll-book from Taylor Township not having been properly signed : Therefore,

"Resolved, That the same be rejected." The roll being called, the yeas were Geo. A. Turner, R. H. Archerd, J. M. Gilchrist.. Nays-none.

So the vote was not counted.

The canvass was then continued until the returns were complete. (See election record.)

On motion the board adjourned as a board of canvassers to meet at 9 o'clock tomorrow morning in regular session.

Nov. 14th.

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The board of supervisors convened pursuant to adjournment.
Members all present; Chairman Turner presiding.
Minates of yesterday read and approved.

The following was presented and read : “We, the board of supervisors of Marshall County, Iowa, hereby certify the following facts in regard to the canvass of the votes east at the last general election in Taylor Township in said county, November 7th, 1882. The poll-books of votes cast in said Taylor Township showed that it was attested as a true return by two judges of said election signing their names in the proper forin and the proper place; but the name of the third judge, W. H. Stoward, was written in the following manner:

"W.H. Steward, per clerk," and showed on its face that the returns were not signed by W. H. Steward. Two clerks signed the said returns in proper form as clerks of said election. “We further certify that the return showed that for

Secretary of state :
John A. T. Hull received 54 votes.
T. O. Walker

4 Wm. Gaston

2
For auditor of state:
John L. Brown received 54 votes.
Wm. Thompson

4 G. A. Wyatt

2
For treasurer of state :
Edwin H. Conger received 54 votes.
John Foley

4 George Dew,

2
For judge of supreme court:
Wm. H. Seevers received 54 votes.
Chas. E. Bronson

4
For clerk of supreme court :
Gilbert B. Pray received 54 votes.
H. F. Bonorden

4 E. N. Clark

For reporter of supreme court: Ezra C. Ebersole received 54 votes. LA. Palmer

4 J. H. Wilson

2
For district judge 11th dist. :
H. C. Henderson received 54 votes.
B. L. Burritt

5 B. T. Frederick

1
For district attorney 11th dist. :
John L, Stevens received 54 votes.
Martin W. Anderson 4

2 "

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