notary public and commissioner agreed upon to take testimony, 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, and place of residence?—A. I live in Washington Township, Marshall County, Iowa.

Q. 2. You attended school and boarded with us?-A. Yes, sir.

Q. 3. You may state what you know about the ballot-box of Washington Township being opened.-A. It was taken down and that is all I know about it.

Q. 4. Did you see it opened ?-A. Yes, sir.

Q. 5. How long was it open ?-A. I don't remember how long.

Q. 6. Did you see any ballots taken out of the box ?-A. No, sir.

Q. 7. Do you know that the ballots were not taken out of it ?—A. I don't know. Q. 8. Were you there?-A. Yes, sir.

Q. 9. Did you take any out?-A. No, sir.

Q. 10. Did you see them at all?-A. No, sir.

Q 11. Did you ever see it open but once ?-A. Once is all; just once.

Q. 12. That is all you know about it? Did you attend the lyceum ?—A. Yes, sir.

Q. 13. Did you ever see the ballot-box opened there?-A. No, sir; nor taken down. Q. 14. Did you attend church part of the time-never saw it opened in church -A. No, sir.

Q. 15. Who built the fires-A. On Sunday, Elmer Stauffer.

Cross-examination:

Q. 16. Who was present when you saw the box opened?-A. Pretty nearly all of them, I guess.

Q. 17. Did you see it unlocked?-A. No, sir.

Q. 18. You don't know whose key they got?-A. Yes, sir.

Q. 19. Open when you went in?-A. Yes, sir.

Q. 20. Was it open before you saw it ?-A. Yes, sir.

Q. 21. It was open before you went in, was it ?-A. Yes, sir.

Q. 22. How long were you there while it was open?-A. About five minutes.

Q. 23. That was all the time you saw it open, was it?-A. Yes, sir.

Q. 24. Did you see it shut up?-A. No, sir.

Q. 25. It was open when you saw it last?-A. Yes, sir.

Q. 26. What were you around for?-A. Just looking at it.

Q. 27. They were reading the tickets?-A. Men were looking at them in there.

Q. 28. Were they handling the tickets?—A. I don't know whether they were or not; but I think that they were.

Q. 29. You say of your own knowledge that the tickets were taken out ?—A. I don't know.

Q. 30. You heard somebody say they were taken out, didn't you?-A. Yes, sir.
Q. 31. Who did you hear say that the ballots were taken out?

(Objection; immaterial, only found error.)

A. No, sir.

Q. 32. The whole school was there when the box was opened?-A. Yes, sir; I think it was.

Q 33. When was this trial?-A. Three or four weeks ago, I think.

Redirect examination:

Q. 34. Who had the box in their hands when it was opened?-A. Jesse Sibert and Frank Stauffer.

Q. 35. These boys that have testified here?-A. Yes, sir.

Q. 36. That is the only time you know of?-A. Yes, sir; that is all I know of it. (Paid $1.95 by contestant.)

CHARLIE WYATT.

JESSE SEIBERT, being produced and sworn before J. H. Bradley, notary public for Marshall County, on this 5th day of March, 1883, and examined before me, Eldon Moran, notary public and commissioner agreed upon to take testimony, testifies as follows (T. Brown appearing on the part of the contestant, and J. H. Bradley on the part of the contestee):

Q. 1. What is your name, age, place of residence, and occupation?-A. Age is 15; I reside in Washington Township, Marshall County, Iowa.

Q. 2. You are a schoolboy-A. Yes, sir; I was the fore part of the term.

Q. 3. Did you attend school in Washington Township? If so, who was the teacher? -A. Miss Eastman.

Q. 4. What district is it?-A. District No. 6.

Q5. You may state if you knew of the ballot-box being opeu-first, did you attend

the school?-A. Yes, sir.

9.6. Were you present one day when the ballot-box was open?-A. Yes, sir.

Q.7. Who opened it?-A. I saw Frank Stauffer with the box.

Q.8. How was it opened?-A. I couldn't tell.

Q. 9. Do you know whether it was unlocked or not?-A. I suppose it was; I don't know who unlocked it.

Q. 10. You don't know who unlocked it ?--A. No, sir.

Q. 11. Now I will ask you if at that time any tickets were taken out of the box?— A. No, sir.

Q. 12. Were any tickets written on or disturbed in any way?-A. No, sir; not that I know of.

Q. 13. Would you have known it if it had been done?-A. Yes, sir.

Q. 14. How many times was it opened?-A. Only once when I went to school.

9. 15. Did you attend lyceums in that district?-A. Yes, sir.

Q. 16. How often?-A. Every time.

Q. 17. Were you then at every lyceum?-A. Yes, sir.

Q. 18. Did you ever know of the ballot-box being opened?-A. No, sir.

Q. 19. If it had been you would have known it, if anybody had handled the tickets?-A. I don't know whether or not; there was a crowd there.

Q. 20. You didn't see it disturbed at any time?-A. No, sir.

Q. 21. Where was the box sitting?-A. On the shelf.

Q. 22. How high up?-A. Next to the top shelf.

Q. 23. As high as the top of the door?-A. No, sir.

Q. 24. At the time the box was opened were the ballots removed from the box?A. No, sir.

Q. 25. Was the string untied?-A. No, sir.

Q. 26. Do you know anything about a ballot being taken off?-A. No, sir.

Cross-examination:

Q. 27. What time was this?-A. I don't know what time; a good while ago.

Q. 28. Was it at noon or recess?-A. Yes, sir; at noon I think.

Q. 29. That was the only time you saw it opened ?-A. Yes, sir.

Q. 30. That was at noon?-A. Yes, sir.

Q. 31. Now who was there?-A. The whole school, about.

Q. 32. You don't know who opened it, or had the key to it?-A. No. sir.

Q. 33. All the school knew it was opened, did they?-A. Yes, sir.

Q. 34. Do you know that the box was locked at all?-A. No, sir; I don't know that.

Q. 35. You don't know whether it was shut up or locked?-A. No, sir; I don't.

Q. 36. You don't know that it was opened at any time at noon?-A. No, sir.

Q. 37. Did you take out any ticket, or read it at this time?-A. I was going to take out one and read it, but it was fastened to the string, so I put it back in, and school was called when I put it back.

Q. 38. Was the teacher there?-A. Yes, sir.

Q. 39. It was indoors that the box was opened?-A. Yes, sir.

Q. 40. Everybody knew that the box was opened, and could be opened there at school?-A. Yes, sir.

Q. 41. Didn't the school attend the lyceum?-A. Yes, sir, all of them.

Q. 42. How many times was the box taken down to your knowledge?-A. Once

was all.

Q. 43. Did you see these pieces split off of it?-A. No, sir.

Q. 44. The lid was off when you saw it taken off?-A. Yes, sir.

Q. 45. Did you see the key, or know of anybody having a key to it ?-A. No, sir. Q. 46. Hear anybody say who opened it?-A. No, sir.

Redirect:

Q. 47. You say that you held that box all the time?-A. Myself, and Mr. Frank

Stauffer.

Q.48. Still you cannot say who opened it?-A. No, sir; I cannot say that.

Q. 49. Was it you who opened it?-A. No, sir.

Q. 50. How long was it kept open?-A. Just a couple of minutes.

Q. 51. Not over two minutes ?-A. No, sir.

Q. 52. It was closed, was it?-A. Yes, sir.

Q. 53. And fastened?-A. I could not say as to that.

Recross-examination:

Q.54. You say it was open two minutes; did you see it opened?-A. No, sir.

9. 55. Then it was open when you saw it?-A. They had it there; I don't know who opened it.

9.56. You mean that you was there after it was opened, while it was open ?-A.

Yes, sir.

Q. 57. You don't know but what it was open half an hour before you saw it?—A. No, sir; it was not open before.

Q. 58. Was it opened then, after you went there?-A. Yes, sir.

Q. 59.

You held it all the time?-A. Yes, sir.

Q. 60. You took it off the shelf?-A. Yes, sir.

Q. 61.

It was held in your hand, was it?-A. Yes, sir.

Q. 62. Somebody opened it?-A. Yes, sir.

Q. 63. You don't know who?—A. No, sir.

Q. 64. Whether they had a key or not, you don't know ?-A. I expect so, if it was locked.

Q. 65. Do you suppose, that they had a key to it ?-A. I don't know.

Redirect by contestant:

Q. 66. Do you know of the ballot box being disturbed at the lyceum?-A. No, sir.
Q. 67. You attended all the lyceums?-A. Yes, sir.

Q. 68. It was not disturbed to your knowledge at the lyceum?-A. No, sir.
JESSE SEIBERT.

Paid $1.95 by contestant.

STATE OF IOWA,

Marshall County, 88:

ROBERT BLAKELY, being produced and sworn before J. H. Bradley, notary public for Marshall County, on this 5th day of March, 1883, and examined before me, Eldon Moran, notary public and commissioner agreed upon to take testimony, 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. My age is 17 years; I reside in Washington County, Iowa; my occupation is that of going to school, and working on a farm.

Q. 2. You may state if you attend school in that district, No. 6, in that township this winter?-A. Yes, sir, until lately.

Q. 3. Did you attend up to the time they had the ballot-box there?-A. The ballotbox was not taken away when I left school.

Q. 4. Did you attend the lyceums? A. Yes, sir.

Q. 5. Did you know of the ballot-box being opened?-A. Yes, sir.

Q. 6. How many times?-A. Once.

Q. 7. When was that?-A. I cannot say exactly; along some time in December. Q. 8. Who held the box?-A. Frank Stouffer and Jesse Seibert held it; I don't know who opened it; some one drew the lid back; one took hold of the ballots and held it up, and made the remark that it was strung up; they put them back in; after a while they shut the lid, and then put the box up.

Q. 9. You may state if you saw any of the ballots taken out or removed.-A. No, sir; not taken out. I saw one taken up by the corner and lifted up by the string. Not taken clear out; just enough to see that they were strung.

Q. 10. Were there any ballots changed or altered? The string was not untied at that time?-A. No, sir.

Q. 11. You attend the lyceums?-A. Yes, sir; I did when it was convenient, only when it was stormy. There were no lyceums on such evenings.

Q. 12. State if you saw the ballot-box opened during the lyceums-A. No, sir. I was not there. Lots got there before I did.

Q. 13. You don't know of its being opened at any time?-A. No, sir.

Q. 14. When the lid was shoved back the ballot-box was tightly closed, was it? —A. Yes, sir.

Cross-examination:

Q. 15. Did you attend all the lyceums?-A. Yes, sir; all but when it was stormy. Q. 16. Do you know who they were?-A. Mr. Buchanan and Wesley Smith. I don't know whether they got into the school-house or not.

I got

Q. 17. Were you there when the school-house was opened for the lyceum?-A. No, sir. I was there one evening; the school-house was unlocked that evening. there the first. I was among the first, and the school-house was unlocked. Q. 18. Who was there that evening when you got there?—A. A crowd went up, we all went in together.

and

Q. 19. When you got there you found the school-house unlocked. Who was in the school-house when you went in?-A. Nobody in; it was empty.

Q. 20. So the school-house was not locked?-A. No, sir.

Q. 21. Now, those young people who attended lyceums attended school?-A. Yes, sir; most of the school was there.

Q. 22. Most everybody at the school knew that the ballot-box was left unlocked!— A. Yes, sir; I suppose so.

Q. 23. It was left unlocked?-A. Yes, sir; I guess so. I did not see any one lock it. Q. 24. You did not see it locked?-A. No, sir; just saw them put the lid back. Q. 25. Then it wasn't locked when they opened it this time?-A. No, sir; I did not get there in time to see them unlock it.

Q. 26. Were you there when they shut it up?-A. Yes, sir.

Q. 27. Didn't lock it then ?-A. No, sir.

Q. 28. Did everybody know that it was not locked?-A. No, sir.

Q. 29. Everybody at the lyceum knew that it was not locked?-A. I don't know; a good many probably knew.

Q. 30. Do you know whether the school-house was usually left unlocked?-A. I should judge they did leave it unlocked after school-after the lyceum; I think so as a general thing, to my knowledge; I don't know that, only one evening I got there first.

Q. 31. How long did they have the ballot-box open while you were there?-A. I don't know; it might have been two or three minutes, I guess.

Q. 32. Well, there wasn't any accuracy about the fact that the ballot-box had been opened -A. No, sir; everybody knew it that wanted to know about it.

Q. 33. If anybody had asked you, you would have said yes?-A. Yes, sir; I was not ashamed of it.

Q. 34. Did you tell anybody at the time that the ballot-box had been opened?-A. I don't know that I ever did; only Mr. Stone came out there; he is the first one I ever told, I believe.

Q. 35. You told him that the box had been opened?-A. Yes, sir.

Q. 36. When was that you told Mr. Stone?-A. I don't know exactly; a little over a week ago; I don't know exactly what time it was when he was there.

Q. 37. Was that when he was out to see Mr. Wyatt to get the ballots counted?— A. Yes, sir.

Q. 38. Mr. Stone told you what he wanted, and asked you what he wanted to find out?-A. Yes, sir; whether the ballots had been changed or not, or any taken out; he asked me if the box had been opened; that was about the only question he asked

me.

Q. 39. You told him promptly that it had been opened?-A. Yes, sir.

Q. 40. Did you hear of it being opened at any other time?-A. I heard something about a clay man being put in and taken out.

(R. W. Blakely paid $1.95 as fee by contestant.)

STATE OF IOWA,

Marshall County, 88:

George R. YoRK, being produced and sworn before J. H. Bradley, notary public for Marshall County, on the 5th day of March, 1883, and examined before me, Eldon Moran, notary public and commissioner, agreed upon to take testimony, 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. I live in Washington Township, Marshall County, Iowa; I live in school district No. 6; I am 14 years old.

Q. 2. State if you attend school in district No. 6-A. Yes, sir.

Q. 3. Do you know anything about the ballot-box of Washington Township being opened?-A. Yes, sir.

Q 4. How long was it open ?-A. About five minutes.

Q.5. Who opened it ?-A. I don't know who did; Frank Stauffer and James Seibert

held it.

Q. 6. Was that the only time you ever knew of it being opened?-A. I made a clay man, James Wyatt and Ray Stauffer put it in the box; I took it out; I did not touch anything; I slid the cover and took it out, and shut it up again.

Q. Never a ballot was touched, to your knowledge, the time you raised the lid to look in ?-A. No, sir; that is all.

Q. 8. You never saw any ballots taken out or put in?-A. No, sir.

Q. 9. You attended school every day?-A. Some days I did. Well, one week I stayed ont; I was sick two or three days.

Q. 10. Outside of that you attended school?-A. Yes, sir.

Q. 11. You attended lyceums?-A. Yes, sir; all but one night.

Q. 12. Never knew of the box being opened then?-A. Yes, sir; I was there all the time, except when I was sick.

Q. 13. How long was the box kept open?-A. About five minutes.

Q. 14. Were you standing by all the time?-A. No, sir; I came in just as the cover was slid back to look at it.

Q. 15. You were there until it was shut?-A. Yes, sir.

Q. 16. Nothing was taken out while you were there?-A. No, sir.

H. Mis. 22-8

Cross-examination:

Q. 17. Do you know who unlocked it?-A. No, sir.

Q. 18. Do you know that it was locked at all?—A. No, sir; I don't know; I just came in.

Q. 19. You know that it was not locked when it was shut up?-A. No, sir; it was not locked; it was left unlocked.

Q. 20. You afterwards pulled the slide back to put it in ?-A. No, sir; James Wyatt and Ray Stauffer put it in; I went to take it out and slide the cover back and shut it up again.

Q. 21. This clay man was in the first time you opened the box?-A. Yes, sir.
Q. 22. How long was this clay man in the box?—A. I don't know; a good while.
Q. 23. Some weeks?-A. I think between one and two weeks; I cannot say for

sure.

Q. 24. Did you see anybody else take the box down and handle it?-A. No, sir. Q. 25. Was there quite a number present when you took the clay man out?-A. Yes, sir.

Q. 26. Watched you do it?-A. Yes, sir.

Q. 27. They would say that it was not locked at all?-A. Yes, sir; just the scholars; I suppose that they knew that before.

Q. 28. How many do you suppose there were that knew that the box was not locked?-A. I do not believe there were any.

Q. 29. How many were there that knew that the box was not locked?-A. I do not believe there were any that knew that the box was not locked.

Q. 30. How many were there; 257-A. Miss Bina Wyatt was not there; I cannot say as to others; that is the only one that I know was not there for sure.

Q. 31. The rest of the scholars were there, you think?-A. Yes, sir.

Q. 32. You know about this being opened; you did not change the ballots yourself? -A. No, sir.

Q. 33. Did you see any change?-A. No, sir.

Q. 34. You did not know but what a good many were changed?-A. I would not swear but what a good many were changed when I was not there.

(George B. York paid $1.95 as fee by contestant.)

STATE OF IOWA,

Marshall County, 88:

JACOB RANDALL, being produced and sworn before J. H. Bradley, notary public for Marshall County, on this 5th day of March, A. D. 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, J. H. Bradley on part of contestee):

Q. 1. What is your name, age, place of residence, and occupation ?-A. I am not quite 72 years old; reside in Marietta, Marshall County; my principal occupation is that of postmaster. I hold nearly all the township offices, and attend to that, too.

Q. 2. Were you one of the officers of the November election; and if so, what office did you hold ?-A. I was clerk of Marietta Township, and also clerk of the board at the time of the election; have been for the last ten years.

Q. 3. Have you the ballots in your possession cast at the November election, 1882, for the office of Representative in Congress?-A. Yes, sir.

Q. 4. How has that ballot-box been kept since that time, and where has it been kept?-A. It has been kept in my office under two or three locks and keys, in a bookcase I have in the back office. When I go out I generally lock the door.

Q. 5. Has anybody changed or handled the votes since the election ?-A. No, sir; not since I locked them that morning.

Q. 6. Does the ballot-box contain the identical votes that were cast at that election-A. Yes, sir.

Q. 6. You may open the ballot-box and count the votes.-A. It has been opened last week some time. Some inquiries were made about the votes one Sabbath day. Instead of going to church I opened the box, I looked over the ballots, and counted them; also looked to see if there was anything wrong about them, and then covered them up. When I counted the ballots over I had a paper. I marked each one as I came to it, so as to know if it were the same ballot or not. They were all in there just as they were at first.

Q. 7. You may open the ballot-box now, in the presence of the commissioner, and state how many votes were cast for the office of Representative in Congress, and how many for each candidate.

(Witness proceeds to open the box and count.)

(Contestee objects that the evidence is incompetent, and then the witness continues to count the ballots.)

A. There is only one ticket about which there is any doubt. I think that is the