Q. 33. Did he attend them?-A. He has been to them. I don't know that he attended them regularly. Q. 34. Did he hold any office in Canada of any account, township or otherwise?— A. Not that I know of. Q. 35. Was he not councilman in one of the towns?--A. No, sir; my step-father was, but my father was not. Q. 36. Did you ever hear of your father holding office in Canada, either by election or appointment?—A. No, sir. Cross-examination: Q.37. What part of Canada did your parents live in?-A. In the township of Woolford. Q. 38. What was your age when you left Canada to come to the U. S.-A. 17 past. Cross-examination continued: Q. 39. How far is this place where your parents live from the line between Canada and the U. S. ?-A. About 13 miles; somewhere along there. I cannot tell exactly. Q. 40. Do you know what has been said in your family as to the place in which you were born? (Objection for the reason that it is hearsay.) A. Pope's Mills, in York State. Q. 41. How often did you hear that said?-A. A good many times. Q. 42. Was that before you came here? A. Yes, sir. Q. 43. Did you ask them where you were born at any time?-A. Yes, sir. (Objection, hearsay.) Q. 44. This is what they told you?-A. Yes, sir. Q. 45. Who told you, your father?-A. My mother; my father was killed in York State. Q. 46. How long did you understand that your parents lived in York State ?—A. A number of years. Q. 47. Do you know from what was told you, of what was in the family, whether your father was a citizen of New York when he lived there?-A. Yes, sir, he was married there; he married my mother there. Q. 48. Now when you made inquiry as to where you were born, was it as to whether you had a right to vote?-A. No, sir, I don't know anything about it. Q. 49. How old were you when you were first told you were born in New York?— A. Ever since I can recollect, I can remember of them telling me that my father ran a mill there. Q. 50. You understood from your family affairs and matters that your mother came from New York, and your father and mother lived there?-A. Yes, sir, I have been at the place. Q. 51. Your father was a citizen of New York ?-A. I suppose so. Q. 52. Have you been at the place?-A. Yes, sir; eight years ago. Q. 53. Have you no grandparents living there?-A. No, sir, but I have other relatives. Q. 54. What other relatives?-A. Cousins. Q. 55. What place did you say that it was?-A. Pope's Mill. Q. 56. What county is it in?-A. I don't know exactly; in St. Lawrence county; I know it is pretty close to the border. Q. 57. How old are you now?—A. 22. Q. 58. Was this last fall your first vote?-A. Yes, sir. Q. 59. You came to Iowa when-seventeen?-A. Yes, sir. Q. 60. Are you married ?—A. No, sir. Q. 61. Have you no relatives here ?-A. No, sir, not that I know of; I have some west of here. Q. 62. Your mother now lives in Canada ?--A. Yes, sir. Q. 63. Have you brothers or sisters there?—A. Yes, sir. Redirect examination: Q. 64. Which side of the St. Lawrence River are Pope's Mills?-A. South side. Q. 65. What was your father doing at Pope's Mill?-A. Running a mill there. Q. 66. He used to work there running a mill, did't he?-A. Yes, sir. Q. 67. How long did he run it ?-A. I don't know; several years. Q. 68. Where did you and your mother live when your father was killed?-A. In Canada.. Q. 69. How old were you when he was killed ?-A. About ten years old. Q. 70. You had lived there in Canada from your earliest recollection? You learned that your father was engaged in running a mill when you were born in New York ?— A. Yes, sir. Recross examination: Q. 71. How old did you understand you were when your parents moved from N. Y to Canada -A. I was not quite two years old. $1.90 paid as fee by contestant. STATE OF IOWA, Marshall County, 88: MARY EASTMAN, being produced and sworn before J. H. Bradley, a notary public for Marshall County, on this fifth day of March, '83, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and J. H. Bradley appearing of the part of contestee): Q. 1. What is your name, age, place of residence, and occupation?-A. Age, 23; am a resident of Caroll Co.; occupation, teaching. Q. 2. Have you been teaching school in Washington Township?-A. Yes, sir; I have. Q. 3. What neighborhood is that in?-A. It is in Washington Center No 6. Q. 4. That is the district where Mr. Wyatt lives?-A. Yes, sir. Q. 5. Is that the school house where the Nov. election was held?-A. Yes, sir. Q. 6. When did you begin teaching there -A. Latter part of Nov. Q. 7. You may state if you saw the ballot box of Washington Township in the school-room during the time you were there.-A. Yes, sir; it was sitting on one of the shelves during the whole time. Q. 8. Do you know of its being open during the time it was there?-A. I do not Q. 9. Have you been there every day of the school?-A. I went home one noon during the fore part of the term; some time during the first two weeks. Q. 10. The rest of the time you were there ?-A. Yes, sir. Q. 11. During the time outside of that one day, was that ballot-box disturbed by any of the scholars?-A. I don't know that it was-I don't know that it was open. The ballot-box was taken down one day; one of the scholars sat on it during play. Q. 12a. You may state if you have opened it.-A. No, sir. Q. 12b. Did you ever disturb it or see it disturbed other than that?-A. No, sir. Cross-examination: Q. 13. You were there all the time that the school was open during the days you taught, except this noon ?—A. I have never left the premises I think at any other time during recess or noon. Q. 14. You don't mean that you have been in the school-house all the time?—A. No, sir; not in doors all the time. Q. 15. Do you know whether the school-house was used for any other purposes ?A. Yes, sir; for church, sabbath school, and literary societies. Q. 16. When did the literary society meet?-A. It met near Christmas or New Years; I think the first meeting was near that time at any rate. Q. 17. How often did it meet, do you know?-A. It met every week only when it was stormy; that is, most every week, I believe. Q. 18. Was it used in the evening for literary society?-A. Yes, sir. Q. 19. Were you there in the evening?-A. I attended all the literaries. Q. 20. Who opened and shut the school-house those evenings?-A. I have never been there when the school-house was opened or when it was closed; I think it was opened and closed by the scholars, but cannot state. Q. 21. Who opened it for church and Sabbath school?-A. Well, I have never been there when it was opened, but I believe it was opened by Elmer Stouffer, who builds the fires. Q. 22. Did you hear anything said of the box being opened ?—A. I have heard them speak of it. Q. 23. Who did you hear them say had opened the box?-A. I heard one of the scholars speak of Jesse Siebert; I don't know whether they said he opened it or not. Q. 24. Did you hear anything said of them having a key and opening it?—A. I heard one of the boys say that one of the scholars had a key that fitted it; I did not see it. Q. 25. Did you hear any of them saying anything about having ballots out of the box?-A. I heard one of the boys say that one of them was going to take the ballots; another one told him not to do it, that they wanted them; did not hear him state that they were taken out. (Objection on the ground that the testimony is hearsay.) Q. 26. Did you hear anything said that one of them said they had better burn them up, and another objected?-A. No, sir; I did not hear them say it; I heard it reported afterwards. Q. 27. Did you know anything about the box being broken?-A. No, sir. Q. 28. When you saw it, were there any ballots sticking out at any time?-A. I do not know that there were; I never noticed it in any way, further than that it was sitting there. Q. 29. Was the literary society there every week?-A. Yes, sir, with one exception, I believe. Q. 30. You attended every one?-A. Yes, sir. Redirect: . 31. You never saw the box disturbed at any literary meeting?-A. No, sir. Q. 32. You may give the names of the scholars that attended your school.-A. The names of all my students? Q. 33. Yes, ma'am.-A. Mr. Ezra Wyatt's family, to begin with. Q. 34. Give the names and ages of the children as nearly as you can.-A. Florence Wyatt, 16, I believe; Laura Wyatt, 14; Johnnie Wyatt, 12. I don't know that I am giving them just correct, but as nearly as I can guess at it. Callie Wyatt, 7 or 8; Nellie Wyatt, 9 or 10. In the other family, Bine Wyatt, 18; Hattie Wyatt, 15; Charlie Wyatt, 13; Mary Wyatt, 12; Aggie Wyatt, 9 or 10. Also Mr. Staffer's familyFrank, 15; Elmer, 12 or 13; Ray, 11, I think; Stella, about 9 years old; Winnie, 14 years old. Also Mr. Seibert's family-Jessie, Libbie, and Charlie; Rob't Blakely, 19, I believe; George York, 14, I think; Mary Gruer, 14; Willie Gruer, about 12; Miss Mattie Kanedy, about 7; I don't know whether I have given them all or not; Arch er Buchan, about 11; Tom Cope, about 8. I don't think of any more. Q. 35. Did you make inquiry among your scholars to see whether anything had been disturbed anywhere about those boxes?-A. Yes, sir; I have asked them about it. Q. 36. Did you find whether there had been any disturbance?-A. I think the children said that the box had been disturbed and opened. Q. 37. Well, did they state whether they disturbed any ballots?-A. They did not state, to my knowldge, that they had disturbed any of them. Q. 38. Did you know who it was that opened it?-A. I don't think I can say who opened it. Cross-examination: 39. How many children attended your school: give the greatest number.—A. Well, at no time more than 25, I think. Q. 40. How many people attended those literary meetings?—A. I cannot give the number: the house has been crowded. Q. 41. 50 or more?-A. Yes, sir; more than that. $1.95 paid as fee by contestant. STATE OF IOWA, Marshall County, 88: MARY EASTMAN. ELMER STAUFFER, being produced and sworn before J. H. Bradley, a notary public for Marshall County, on this 5th day of March, 183, testifies as follows (J. H. Bradley appearing on the part of contestee, and T. Brown on the part of contestant): Q. 1. Where do you reside?-A. Near Washington County school-house, Washington Township, Marshall County, Iowa. Q. 2. What is your age?-A. I am 12 years old. Q. 3. Do you know who built the fires in the school-house during the present winter?-A. On Sundays I built them, and on week days my brother. Q. 4. Which one of your brothers?-A. Ray Stouffer. Q. 5. Is he here?-A. No, sir. Q. 6. Did you attend school there?-A. Yes, sir. Q. 7. Do you know anything about the ballot-box being opened there?-A. Yes, sir; I remember it was opened. Q. 3. Who opened it?-A. I cannot say who opened it; I think Frank Stauffer and Jesse Siebert. Q. 9. Was anything taken out of it?-A. No, sir; we had one ticket partly read and school called, and we put the box up and went to our seats. Q. 10. Do you know anything about a torn ticket?-A. No, sir; I don't know anything about a torn ticket in the box. Q. 11. Was only one pulled off?—A. No, sir; not pulled off. Q. 12. Was it opened more than once-A. I think that it was open a couple of times. Q. 13. Were you there both times?-A. I was there one morning, some of the boys put a clay man in; that is all I remember about it being open. Q. 14. Were the tickets ever taken out of the box or unstrung?-A. No, sit. Cross-examination : Q. 15. How did they get the box open, Elmer?-A. I didn't see the box opened; I wasn't in that time. Q. 16. Did they shut it or lock it up ?-A. I don't remember. Q. 17. You were not there when they opened it?-A. No, sir; I came in to see Frank; he was holding the box in his hand. Q. 18. They had the box open when you came in ?-A. Yes, sir. Q. 19. You went away when they shut it ?-A. No, sir; went to my seat just as the bell rang Q. 20. You didn't see them shut it ?-A. No, sir. Q. 21. You don't know whether they locked it or not?-A. No, sir. Q. 22. You don't know how they got in the box -A. No, sir. Q. 23. You don't know that they unlocked it ?-A. No, sir. Q. 24. You don't think that they had any key to it ?-A. They had keys there; I didn't know whether they had keys to the box or not. Q. 25. You don't know whether they a key to unlock it ?-A. No, sir. Q. 26. You saw it open twice?-A. Yes, sir. Q. 27. And you didn't see any of the ballots taken out when you were there?—A. No, sir; not a ballot taken out while I was there. Q. 28. Was there any ballots torn while you were there ?—A. No, sir. Q. 29. Wasn't there any piece detatched from the rest?-A. No, sir. Q. 30. Who were those you say who opened it, or had it opened?—A. I didn't know who opened it, but Frank Stauffer, and Jesse Seebert held the box. Q. 31. How were they holding it ?-A. In their hands. Q. 32. Standing up, were they?-A. Yes, sir. Q. 33. Didn't sit down and put it in their laps?—A. No, sir. Q 34. What did they say when they had the box opened? What did they talk about?-A. I don't know; I don't remember. Q. 35. Just at that time school called, and you went in ?-A. I was in a couple of minutes before school called. Q. 36. Who was in the room when you came in ?-A. Most of the scholars and the teacher. Q. 37. Anybody else looking at it?-A. Yes, sir; most of the scholars were looking at it. Q. 38. You didn't see the ballots out of the box at all?-A. No, sir; I didn't see the ballots out of the box. Q. 39. When was this?-A. I don't remember. Q. 40. How long ago?-A. I don't know how long. Q. 41. How long was the box open?-A. It was open two or three minutes after I went in. Q. 42. Was it in the early part of the term or the latter part?-A. It might have been three or four weeks ago. Q. 43. How long was it open until it was shut up and put away?-A. I don't know when they did open it; it was open when I came in. Q. 44. How long was the recess?-A. It was at noon; we have an hour for noon. Recross-examination: Q. 45. Was this noon ?-A. Yes, sir; or recess. Redirect: Q. 46. Did you attend the lyceum?-A. Yes, sir. Q. 47. Did you ever see the box open there?-A. No, sir. Q. 48. Did you attend all the meetings of the lyceum ?-A. All but two. Q. 49. You never saw it open at any of these meetings?-A. No, sir. Q. 50. Did you attend church and Sabbath-school? A. Yes, sir. Q. 51. Did you ever see it open at any of these meetings?-A. No, sir. $1.95 paid as fee by contestee. STATE OF IOWA, Marshall County, 88: ELMER STAUFFER. FRANK STAUFFER, being produced and sworn before J. H. Bradley, a notary public for Marshall County, on this 5th day of March, 1883, testifies as follows (J. H. Bradley appearing on the part of contestee, and T. Brown on the part of contestant): Q. 1. What is your name, age, place of residence, and occupation?—A. Age 17 years, and place of residence in Washington Township, Marshall County, Iowa. Q. 2. Did you attend school in that township?-A. Yes, sir. Q. 3. In what district?-A. Number 6. Q. 4. How frequently did you attend school?-A. Nearly every day; only missed four or five. Q. 5. Have you been there at school all the time?-A. Generally went home for dinner. Q.6. Were you present at any time when that ballot-box was opened in that room?— A. Yes, sir. Q. 7. Who opened it?-A. I cannot say who did open it; I had the ballot-box in my hand and it was opened with my key, but I do not know who opened it. Some of the scholars had my key, but I do not know which one had it. Q. 8. How long was it open?-A. About five minutes, or nearly that. Q. 9. Was it locked up again?-A. No, sir; it wasn't. Q. 10. They didn't lock it?—A. No, sir; it was put back on the shelf unlocked. Q. 11. You may state if you disturbed the ballots at the time that it was opened ?– A. No, sir; they were picked up and put back in again. Q. 12. Did you shut the box?-A. Yes, sir. Q. 13. Do you know of its being open at any other time?-A. No, sir; I didn't. Q. 14. Did you know that any ballots were taken out, changed, erased, or new ones put in at the time it was opened?-A. No, sir; there wasn't. Q. 15. Did you attend lyceum at your school every night; did you see the ballotbox opened any time at the lyceum?-A. No, sir; I saw it down twice, but never saw it opened. I merely passed by, some one had it open; I did not look at it, but he had it open when I passed. Q. 16. Do you know anything about pieces of tickets being torn off?—A. No, sir. Cross-examination: Q. 17. Mr. Stauffer, when was this that the box was opened?-A. I cannot say; it might have been along in December; towards the fore part of the term, I think, or else the first of January. Q. 18. Now you say that it was opened with your key?-A. Yes, sir. Q. 19. Sure that it was not locked?-A. Yes, sir. Q. 20. How many scholars?-A. I cannot say just how many; three or four girls; four or five boys. Q. 21. How large are the girls?-A. About fifteen, or sixteen, or seventeen Q. 22. It was indoors that the box was opened?-A. Yes, sir. Q. 23. Nearly everybody knew it ?-A. Yes, sir; nearly every scholar in school knew it. Q. 24. Did nearly everybody know that it was locked?—A. Yes, I guess so. Q. 25. Were the scholars and boys all around there at the time?-A. Yes, sir; all taking their seats. Q. 26. What time were you at the lyceum when you saw the box opened after that?-A. At recess during the lyceum, about 10 o'clock at night. Q. 27. What time was that, in December or January?-A. I think that it was afterwards, along the fore part, or rather the last of January. Q. 28. When you saw the box opened at the lyceum meeting, was it after that that you saw it opened in school? A. Yes, sir; I saw it done several other times. Q. 29. Did you know anything about pieces being split off?—A. No, sir. Q. 30. Then pieces were not split off to open the box?-A. No, sir; I guess the box was opened with a key. Q. 31. Then Mr. Wyatt was under the impression that it was unlocked when he took it away. It is quite reasonable?—A. Yes; I am almost certain that it was unocked. Q. 32. Do you know when Mr. Wyatt took it away?-A. Yes, sir; I was there in school. Q. 33. That was only three weeks ago?-A. No, sir; I think not over two weeks. Q. 34. How many times have you seen the box down, being used as a seat or otherwise-A. I saw it in school when it was used as a seat; also another time. Q. 35. Did you hear anybody say that they had the ballots out of the box?-A. No, sir. Q. 36. You didn't suppose there was anything wrong in looking at them?-A. No, sit. Redirect: Q. 37. Never saw any ballots taken out of the box?-A. Never saw it opened but once; never saw any taken out. $1.95 paid as fee by contestant. STATE OF IOWA, Marshall County, 88: FRANK STAUFFER. CHARLIE WYATT, being produced and sworn before J. H. Bradley, notary public for Marshall County, on this 5th day of March, 1833, and examined before me, Eldon Moran, |