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one on the outside. You may all look at that, and look at the ballots to satisfy yourselves that the ballot was not counted.

Q. 8. You may state how that ticket was voted. Describe it.-A. That is what I cannot tell you anything about. It was doubled up as other tickets are, pretty much as it is now, when it was put in the box. Some person voted it that I reckoned wanted to vote for Frederick. I don't know anything about the ticket that was taken ont of the box-I mean that when I read it I remarked that it was a ticket for Wilson and Frederick both. I said we would not count that ticket.

Q.9. You may state how the Congressional names appeared on the ticket. (Witness reads it.)

A. It says for Representative in Congress, 5th district, Benjamine T. Frederick, of Marshall County, and James Wilson, of Taina County.

Q. 10. How is the Benjamine of Marshall County on the ticket?-A. Well, the ticket was a Democratic ticket. There is mucilage in the office. I suppose it was aimed to be pasted right over Wilson's name.

Q. 11. The name of Frederick is pasted immediately over Wilson's, is it?-A. Yes, sir; there are two or three pasted in that way. The others are pasted over so as to hide it.

Q. 12. You may attach that ticket to your answer to this case, I mean the ticket that was not counted.-A. Here is another ticket with James Wilson's name marked off, and no other name on it.

Q. 13. Were these counted for Wilson ?—A. No, sir.

Q. 14. How many tickets were there in that box, and how many for Frederick! (Witness examines poll-book of Marietta Township.)

A. James Wilson, 81; B. Frederick, 37; David Platner, 5.

Q. 15. Is that additional to this ticket that the commissioner has marked in evidence -A. Yes, sir; it was that one that was not counted.

Q. 16. If this ticket were counted Frederick would receive 38, would he not?—A. There was no 'icket counted for Frederick, only as I have told you.

Q. 17. How many tickets are there in that package, and have you compared them since the election for Congress?-A. 123.

Q. 18. How many of them, then, are there for James Wilson ?-A. 81 counted for Wilson; then there are two, I think-I am not certain; but there is one in which his name has been crossed out; 126 ballots cast, and that one marked in evidence make two for Congress; I think there is one more where the name is crossed.


Q. 18. You did not count the ticket you spoke of because the names of both candidates were upon it.-A. How is that?

Q. 19. You did not count the first ticket because the names of both candidates were upon it, is that so?-A. Yes, sir; then there is one for each of them with their names crossed out entirely.

Q. 20. It plainly appears, does it not, on the face of this ticket, that it was a ticket for Frederick, also a ticket for Wilson ?-A. Yes, sir; that is the way that I would read it; that was the way that it was read there; it was plain that the man intended to do something and failed, and the vote was not counted.

Q. 21. Does not this ticket read as follows: For Representative to Congress, 5th dist., B. F. Frederick, of Marshall County; James Wilson, of Tama County -A. This is the ticket, and it is attached, marked B:

[blocks in formation]

For Clerk of the Courts,

For County Recorder,

For Member Board of Supervisors,

For Building Jail.
Against Building Jail (erased).

For Appropriating $22,000 Swamp Land Fund.
Against Appropriating $22,000 Swamp Land Fund (erased).


For Justice of the Peace,


N. H. EADCALL (?).
For Constable,
G. HUNTER (?).
For Township Clerk,

For Township Assessor,

For Township Trustee,

Q. 22. And you don't count that vote for either of them because the law says you shall not?-A. Of course we did not; we did not count for either of them. That is the way I understood the law, anyway.

(Mr. Bradley on the part of the contestee objects to the ticket being attached as a part of the records in this case.)

($1.35, fee paid by contestant.)


Marshall County, 88:


A. N. FRENCH, 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 contestee):

Q. 1. You may state if you are the auditor of Marshall County, Iowa, and have the poll-books that were returned to you from Washington Township.-A. I have. Q. 2. Now take the poll-book and read, so the commissioner can take it down, and give the number of votes for each candidate for Congress in Washington Township. (Witness examines the poll-book.)

A. You just want the certificates just as they were returned?

Q. 3. Yes, sir.-A. For Representatives in Congress there were 110 votes, of which James Wilson had 45, and B. T. Frederick had 52, and David Platner 13.

Q. 4. Is that the number of votes that were returned in the abstract made by the County canvassers for each candidate?-A. Yes, sir; it is the same number. Q. 5. Turn to the poll-book of Marietta Township.-A. Yes, sir; I have it. Q. 6. State how many votes were returned from Marietta township for the office of Representative in Congress, as shown by the poll-book, and read from the poll-book, so that the commissioner may take the same down?-A. For Representative in Congress, 5th district, there were 123 ballots cast, of which James Wilson had 81, B. T. Frederick had 37 votes, David Platner had 5 votes.

Q. 7. Have you the poll-book of Legrand township?-A. Yes, sir; I have.

Q.. Turn to the poll-book of Legrand township and state how many votes were cast for each candidate for the office of Representative in Congress, 5th district?-A. For the office of Representative in Congress, 5th district, there were 268 ballots cast, of which James Wilson had 180, B. T. Frederick 78, and David Platner 5 votes.

Q. 9. State if your returns from Washington township are the abstract of the votes made by the county canvassers for the township of Marietta and township Bangor, were the same as shown by the poll-book? Also, the same as to Washington township?-A. I will have to look and see.

Q. 19. First I will ask you if you have a copy of the returns made by the county canvassers of the State canvassers?-A. Yes, sir; I have

Q. 11. Now state as to this township. First take Washington township. How many votes were returned for the office of Representative in Congress to the State canvassers of Washington township?-A. For James Wilson 45, for B. T. Frederick 52, for Platner 13.

Q. 12. Now take Marietta?-A. James Wilson 81, B. T. Frederick 37, David Platner 5; this compares with the book.

Q. 13. Now take Legrand township?-A. Schedule shows Wilson 180, Frederick 78, and Platner 5, just the same as I read from the poll-book.

Q. 14. Now state the result of Bangor?-A. For the office of Representative in Congress there were 85 ballots cast, of which James Wilson had 75, B. T. Frederick 2, David Platner had 12. The abstract shows Wilson 75, Frederick 2, Platner 12. (A. N. French paid $.85 as fee by contestant.)


Marshall County, 88:

WILLIAM ERNST, 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 contestee):

Q. 1. You may state, if you know, what ticket Wesley Horner voted at the November election, 1882, for the office of Representative in Congress?-A. He voted for Frederick.

Q. 2. Did you see the ticket?-A. Yes, sir.

Q. 3. You may state whether he knew whether he voted for Frederick or not before he voted 1-A. Yes, sir.

Q. 4. How did be know it ?-A. I told him what the ticket was; I told him that the ticket was a Republican ticket with Frederick's name on, and that it was a Democratic.


Q. 5. You told him that Frederick was a Democrat?-A. Yes, sir.

Q. 6. That is, when you gave him the ticket, was it?-A. Yes, sir.

Q. 7. You told him that when you gave him the ticket?-A. I told him when I first offered him a Den ocratic ticket. He did not want it. Then I said that I had a Republican ticket, with the exception of one man, and that was Frederick, for Congress, and that he was a Democrat.

Q. 8. Did you tell him that this exception was a Democrat, and who was the Democrat candidate for Congress?-A. Yes, sir.

Q. 9. Are you the same William Ernst who testified before?-A. Yes, sir. WILLIAM ERNST.


Marshall County, 88:

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

Q. 1. What is your name, age, place of residence, and occupation?—A. 51 years of age; residence, Bangor, Marshall County, Iowa; in mercantile business.

Q. 2. Were you one of the clerks of the Nov. election. '82, in which the electors of Bangor Township voted for Representative in Congress?—A. No, sir; not clerk; I was one of the judges of the election.

Q. 3. Have you in your possession the ballot-box for Bangor Township?-A. Yes, sir; I have.

Q. 4. How long have you had it in your possession?-A. Since about 11 o'clock today.

Q. 5. Is the clerk of the election here to-day? Where did you get the ballot-box? -A. I got it; it was in the possession of Squire Hayworth. The clerk at that time resigned his office, and is now in Kansas, and placed the ballot-box in Squire Hayworth's possession.

Q. 6. Do you know where he placed it in his possession ?-A. No, sir; I did not. It was about two weeks ago that I left. I presume at that time he placed it in his hands. Q. 7. You were one of the judges at the Nov. election?-A. Yes, sir.

Q. 8. How were the tickets left in the box at that election?-A. They were strung on a string and placed back in the box.

Q. 9. Have you seen the ballots in the box since the election?-A. Yes, sir.

Q. 10. When did you see them?-A. It is probably some two weeks ago; I don't remember just when. Mr. Stone came up there and wanted the trustees to come and recanvass the votes, but there was no one present but me. I got the box, and he and I and my partner, Mr. Coffin, examined the ballots.

Q. 11. Do you know how many ballots were cast for each candidate?—A. Well, from the returns there were 63 for Mr. Wilson, 12 for Mr. Platner, and I think for Mr. Frederick there was one ticket having no State officer voted for at all, making in all 86 ballots.

Q. 12. You may state when you examined them again whether you found the same number for Mr. Wilson.

(Objection to the question because it is not shown that the ballots have not been changed. It is not shown that there was no party to change the ballots.)

Q. 13. How did the ballots compare at the time you opened the box; how did their apearance compare with the ballots as they were left on the night of the election?A. I could not see any change.

Q. 14. They were tied in the same manner?-A. Yes, sir; as far as I have knowledge they were tied. I presume they had been under lock and key, as far as I know. Q. 15. Who had the key?-A. Mr. Hayworth had it in his possession when box to-day.

Q. 16. Was he judge of the election?-A. No, sir.

Q. 17. He is a magistrate there, is he?-A. Yes, sir.

Q. 18. What are his politics?-A. I think he is a Republican.

Q. 20. What are the politics of the clerk?-A. Both Republican.

got the

Q. 21. Now, I will ask you how many ballots were cast for James Wilson, as shown

by the ballots now in the box?-A. 69 is the number we counted.

Q. 22. Are there 69 ballots for James Wilson in the ballot-box now?-A. I am of the opinion that the name of Mr. Wilson is scratched on one of these ballots. Mr. Stone and I decided that it was.

Q. 23. Did Mr. Stone handle any of these ballots?—A. Yes, sir.

Q. 24. Did he scratch any of them?-A. No, sir.

Q. 25. Are you certain that he did not change any ballot?-A. I am positive.

Q. 26. Can you find the ballot that was counted for Mr. Wilson and that is presumed to be scratched?-A. Yes, sir; I think so.

Q. 27. You may do so, and present it to the commissioner and have it attached to your deposition.

(Witness proceeds to examine the ballots.)

A. Here is the ticket.

Q. 28. Who counted the ticket?-A. Mr. Kirk.

(Ticket marked Exhibit "C.")

(Witness produces Exhibit "C," and it is as follows:

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