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Q. 49. Do you remember whether the ballot was torn off when you counted the votes at the election I-A. Yes, sir.
Q. 50. Or whether it was a perfect ballot ? Did you recognize any such ballot?-A. No, sir.
Q.51. Do you recollect at the time of counting as having any such a ballot, torn like that i-A. No, sir; I don't.
Q. 52. What did you say about that ballot being torn since the election ?-A. I believe it to have been torn since the election from this fact-that when I opened the box, brought it down from the school-house, it was detached and off the string.
Q. 53. Did it have the appearance of having been strung once l-A. Yes, sir.
Q. 54. Was the box locked when you found it at the school-house -A. I rather think not; we took it home thinking it to be locked: I found the key in my old jacket pocket; I turned it once or twice, but could not get it open; I did not try it until I found the key, and that fetched it; I tried several times before it came open; I am positive I locked it when I left it there.
Cross-examination: Q. 55. When did you leave the ballot-box at the school-house? When you found the box, was it in the same condition it was when you left it?-A. No, sir.
Q. 55. What was the condition 1-A. The back of it was loosened, and I could see a portion of a ticket sticking out; I can show you the box if you want to see the state of affairs.
Q. 57. How much of the ballot was sticking out of the box 1-A. Just enough to show that it was one of the tickets. My impresaion is that it stuck out far enough so that it could be caught hold of and torn off.
Q. 58. How much of an opening was there in the box?-A. I can show you better by taking the box.
Q.59. Tell it so that the reporter can take it down.-A. There was a small crack, and the back end was loose; the crack was a quarter of an inch wide.
Q. 60. A crack or a space?-A. Well, the lid is broken enough to leave a little space.
Q. 61. There was room enough in that space to take out such ticket and change the name as desired I-A. Might take out a single ticket.
Q. 62. They could be taken out separately 1-A. No, sir; they could not do it, unless they got hold of the end of the string that was knotted.
Q. 63. Could not part of the ticket be pulled out?-A. Yes, sir.
Q. 64. Could it be pulled out far enough to erase the name -A. No, sir; I left it on the top; I found it on this shelf, a little lower down.
Q. 66. Was this piece split off when you left it?--A. It had been split off; some of it I had to nail on.
Q. 67. Was the piece with the box when you left it?-A. Yes, sir, but tumbled off the minute I took hold of it; it was on there loose.
Q. 68. When did you take the box home from the school-house!-A. I could not give the date.
Q. 69. How long ago was it; inside of three weeks; since the middle of Feb. : À. I should judge so.
Q. 70. Election was the early part of Nov. 1-A. 7th, I believe.
Q. 71. You say the box was at the school-house probably 9 or 10 weeks?--A. It was there that length of time.
Q. 72. Was school in session at that time?-A. Yes, sir, in session.
Q. 73. Was the ballot so that it could be seen by anybody ?-A. Yes, sir; if they took pains to look on top of the cupboard ; several cupboards there.
Q. 74. The ballot-box was open, not covered up by anything t-A. No, sir; I did not mean that the box was open, but it was not covered up with cloth.
Q. 75. The ballot. box left uncovered 1-A. There were two ballot-boxes left there; we have a township box.
Q. 75. They look like other ballot-boxes P-A. I presurne so; I never saw many ballot-boxes.
Q. 77. Does this look like the most that you have seen ?-A. Yes, sir; looks like an ordinary ballot-box.
Q. 78. What meetings have been held in the school-house this winter 1-A. We bave had a kind of a lyceum in the school-house.
Q. 79. How often has that been held there?-A. Probably once a week, when the weather was fine, for the last six weeks.
Q. 80. Has it been held as often as once a week this winter ?-A. In the latter part of it.
Q. 81. How many meetings were there from the time of election till you took the ballot-box away!-A. Being away from home this winter, I have never been to avy of them.
Q. 22. You say yon have not seen the ballot or the piece of the ballot loose in the boxi-A. Yes, sir. After we opened the slide and pulled it off we looked the matter: up. There was this one that was apparently forgotten; also this little short township and county ticket that was upstrung and lying loose in the box.
Q. 83. Have you any means of knowing wbether that was a separate ballot detached from the other ticket or not?-A. Nothing, only the way it was changed by being torn ; also the fracture that was made for the purpose of stringing them, it being at the end of what was left.
Q. 84. There was no State ticket attached to that, was there?-A. The latter part of the State ticket.
Q. 85. No; I mean township ticket now 1-A. No, sir; no State ticket anywhere.
Q. 86. Without counting that-the township tickets-you find only 109, do you l-A. That is all.
Q. 87. Now, take your poll-book and tell mne how many ballots there were shown by your return for the State officers; say, for the office of sec'y of state !
(Witness examines poll-book.)
Q. 97. Can you tell from this township ticket whether it was torn before or after the canvass made by the judges? Can you tell by the looks of it whether it was torn before or after the canvass P-A. I believe, by looking at it, that it was not struny.
Q. 98. Can you tell by the looks of it whether it was torn off before or after the canvass ?-A. I could judge only by the puncture here that it was strung, if there was any.
Q. 99. Do you recollect that as a fact that ticket never had a State ticket upon it?-A. No, sir.
Q. 100. Then is there not a ballot gone from the box !-A. There seems to be a discrepancy of one ballot.
Q. 101. Now, as I understand it, when you made the count to-day, counting that township ticket, there were only 110 ballots in the ballot-box ?-A. Yes, sir, in all ; we call these two scattering.
Q. 102. Are there any tickets in that box that you find the name of Wilson erased and Frederick written in ?-A. Yes, sir; I think a number of them.
(Witness examines them.)
Q. 103. Can you tell by the looks of them whether it was done before or after the canvass 1-A. No, sir, I cannot.
Q. 104 Is the erasure made with a pencil ?-A. Yes, sir; some of them made with an indelible pencil; also, one made with a common pencil.
Q. 105. Are the erasures any of them made with a pen ?-A. It looks to me like purple ink; I don't know anything about it.
Q. 106. Are they mostly made with lead pencill-A. I should judge so.
Q. 108. Can you tell if any of those were made before or after the canvass !-A. I cannot tell,
Q. 109. Did you find any of the Frederick tickets with Frederick's name erased and Wilson's name written on ?-I will look.
(Witness examines again.)
Q. 111. Did you examine the ballots on the night of the cauvass yourself ?-A. No, sir.
Q. 112. You only took the tallies as they were called off to you!-A. Yes, sir, that is all.
Q. 113. You did not examine them!-No, sir.
Q. 114. You cannot tell now whether these ballots are the same as they were that night or not?-A. Not separately; generally they appear the same.
Q. 115. Then you cannot answer that they are the same!--A. No, sir, not as whole. Q. 116. Can you as to any of them!-A. Yes, sir, as to this township.
Q. 117. There was one ticket where the Republican in Congress was torn off or separated from the township ticket; the one you have been talking about?-A. I do not recognize it at all.
Q. 118. You have one set there 1-A. Yes, sir; I have.
Q. 119. Do you recollect whether or not that ballot was torn off the string 1-A. No, sir; I have no recollection of that.
Q. 120. How many times have you canvassed the ballots since the election ?-A, Once.
Q. 121. Did you count them there?-A. Yes, sir; Mr. C. W. Stone called at my place I took them and counted them myself.
Q. 123. Did yon take them off the string 1-A. Yes, sir; we also classified them the way we did to-day.
Q. 124. Were they classified as they are to-day when you took them off the string A. No, sir; but very much the same.
Q. 125. Were they counted one by one?-A. No, sir.
Q. 126. How were they counted 1-A. The trustees matched up five at a time as far as they could tally five at once; towards the last, they took them separately.
Q. 127. Do you remember whether the State tickets were counted in tallies of fivesi A. I think that they were.
Q. 12. Was the Congressional ticket so counted !-A. Yes, sir; it was.
Q. 129. In restringing these tickets, did you string them in the same hole l-A. No, sir.
Q. 130. Made new holes ?-A. Yes, sir; made new ones.
Q. 131. How came you to get the ballots from the school-house-A. He called and said that he wanted to see the tally-list; showed him the tally-book; he said no-that he wanted to count the ballots; I had some hesitancy, so I concluded I had better bring them down from the school-house any way; I opened the box there myself; no other person counted the tickets.
Q. 132. He came to you and wanted you to count the tickets !--A. Yes, sir.
Q. 134. He seemed to understand that there was a discrepancy ?--A. Yes, sir; when he was looking the tickets over.
Q. 135. Did you know anything or hear anything about these ballots being taken out of the box by anybody but the scholars 1-A. No, sir; not until there was some talk recently.
Q. 136. You heard the boys handled them and talked of burning them ?-A. No, sir: I never heard any such thing; I brought the box away.
Q. 137. Do you not recollect upon what candidate or candidates any discrepancy existed between you and the assistant clerk I-A. No, sir.
Q. 138. Whose count was adopted, yours or that of the other clerk 1-A. I think that he yielded to my count.
Q. 139. Do you think your account was right?--A. Yes, sir; I thought so.
Q. 140. Did you know of anybody having the key to this box beside yourself?--A. No, sir.
Q.141. You only marked down the ballots as the judges gave them to you at the elction !-A. Yes, sir.
Q. 142. There must have been a mistake in one, for there were only 110 ballots cast, and one of them did not have any State officers. There might have been a discrepancy there as to State officers ?--A. I think there must have been a discrepancy there, because counting these, it makes only 110.
Q. 143. Now as to this loose ballot, was the loose ballot read that was struck out! -Å. I cannot answer that; I found them in the box when I drew the cover off.
Q. 144. Well, from the looks of the piece that was struck out, did it have the appearance of being a torn ballot ?--A. Yes, sir; it struck me that it was a torn ballot.
Recross-examination : Q. 145. As I understand, these ballots were pulled up towards this crack in the bow!-A. Yes, sir.
Q. 146. You found them in the bottom!-A, I adjusted these pieces that were torn off before I started home.
Q. 147. Did you say that as the discrepancy now is that there are only 110 votes for State officers any way, 110 for all State officers, according to the returns ?-A. Yes, sir, according to the poll-book.
Q. 148. Now if there were only 110 for State officers in the box, is that the resultiA. Yes, sir: I have come to that conclusion.
Q. 149. Would that be a reasonable conclusion if part of the tickets were taken outi-A. Yes, sir.
Q. 150 Would you suppose that there could be a possibility of one ticket being taken out!-A. Yes, sir; they migbt have taken any number, more or less.
Q. 151. Which of the judges called off the votes?-A. They took turns. One judge sorted out five tickets, then while he was calling off, another judge sorted out a number, it is my impression.
Q. 152. Did each judge call out what he sorted himself?--A. Yes, sir.
Redirect examination : Q. 154. How many ballots were cast for township officers and for the all other offi cers 1-A. 110.
Q. 155. Is that correct :-A. Well, township clerk has 102, and for justice there were 92, and for another justice 91, also for assessor 93, township trustees 85.
Q. 156. Is it true that there was one vote for township officers alone and that the pollbooks show 110 ballots cast for all 1-A. Yes, sir; that is all at the election.
Q. 157. And this 110 you find in the box -A. Yes, sir; 110 ballots in the box.
Recross-examination: Q. 159. Do you mean to say that the same bollots cast there are the same ballots found in the box now 1-A. Yes, sir.
EZRA R. WYATT. $1.85 paid by contestant.
STATE OF IOWA,
Marshall County, 88: R. E. LEECH, being produced and sworn before J. H. Bradley, a notary public for Marshall County, on this fifth 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 ?-A. Washington Township, Marshall County, Iowa; age, 22 years.
Q. 2. How long have you lived in Washington Township!--A. Pretty nearly 5 years.
Q. 5. For whom did you vote for Representative in Congress ?-A. The straight Republican ticket.
Q. 6. You voted for James Wilson then, did you ?-A. Yes, sir, I did, for he was on that ticket. I did not pay much attention to it at the time, I was in a hurry.
Q. 7. Where did you live at your earliest recollection, and where were you raised -A. I was born in New York State.
Q. 8. Where did you live at your earliest recollection ?-A. In Canada.
Q. 12. Were your father and mother citizens of Canada from your earliest recollection to the present time ?--A. Not that I know of.
Q. 13. Were they living in Canada from your earliest recollection to this timel-A. Yes, sir.
Q. 14. Do you know where they were born I-A. No, sir.
Q. 17. Are you sure you don't know where your parents were born I-A. I cannot swear to it; I cannot recollect; my memory is not good.
Q. 18. You don't know of your own knowledge where you were born 1-A. Yes, sir; also my birthplace.
Q. 19. Do you know of your own knowledge from any recollection of it?-A. No, sir.
Q. 20. Do you have any recollection of living anywhere except in Canada till you moved to Iowa 1-A. No, sir,
Q. 21. Were you ever naturalized in the State of Iowa or the U. S. 1-A. No, sir.
Q. 23. How long did you live with your parents in Canada ?--A. Until I was about 15 years old.
Q. 24. Did you ever hear your parents say where they resided for several years prior to your birth 1-A. Yes, sir.
Q. 25. Do you know whether they were English people or not?-A. Yes, sir; they were English people of English descent.
Q. 26. Then you heard them say that they were born in England ?--A. No, sir; I did not say they were; I think they were born in the U. S.
Q. 27. Did you ever hear them say where they were born ?-A. No, sir; not that I know of.
Q. 28. Do you know whether or not your father, voted in Canada at the election A. No, sir,
Q. 29. Did you ever hear of him going to the election ?-A. Yes, sir.
Q. 31. Did you ever hear him say for whom he voted ?-A. I never heard him say that he voted.
Q. 32. Do you know that he attended elections regularly for members of Parliament ?-A. No, sir; not regularly.
Q. 33. Did he attend them ?--A. He has been to ihem. I don't know that he ato tended them regularly.
Q. 34. Did he hold any office in Canada of any account, township or otherwise 1A. 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 1-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. 1-A. 17 pasta
Cross-examination continued: Q. 39. How far is this place where your parents live from the line between Canada and the U. $. ?-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.)
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 Dumber of years.
Q. 47. Do you know from wbat 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 yon had a right to vote 1--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. Yon understood from your family affairs and matters that your mother came from New York, and your father and mother lived there 1-A. Yes, sir, I have been at the place.
Q. 51. Your father was a citizen of New York 1-A. I suppose so.
Q. 53. Have you no grandparents living there!--A. No, sir, but I have other relatives,
Q. 54. What other relatives 1-A. Cousins.
Q. 56. What county is it in t--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 1-A. 22.
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.
Redirect examination :
Q. 68. Where did you and your mother live when your father was killed ?-A. In Canada..
Q. 69. How old were yon when he was killed !--A. About ten years old.
Q. 70. You hall 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.