« AnteriorContinuar »
A. (Witness continues.) I guess, since I come to think a little more, I made a mistake in the number for each candidate; there were 86 ballots the way we counted, 2 for Frederick-I guess 71 instead of 69.
Q. 29. I will ask you if you have recounted the ballots since the election 7-A. Mr. Stoge and I counted them over one day that I was over there.
Q. 30. How many ballots did you find for James Wilson, as Representative, in the box I-A. Mr. Stone and I counted them; by not counting that one that was erased, there were 70, I think,
Q. 31. You have no doubt but that the ballot was erased, have you!
Q. 32. What time did they count the ballots, in the day or night time 1-A. By lamplight.
Q. 33. Were these ballots counted singly or in packages of fives -A. They wero counted in packages of five as long as they tallied; after that, they counted singly.
Q. 37. Who called them off to the clerk; who was the other judge of the election A. Mr. Willets.
Q. 38. What did Mr. Willets do 1-A. He strung them on a string.
Q. 39. Did he examine them as he strung them on a string -A. I can't say; I think not.
Q. 40. Do you think he did not look at them as he strang them on the string ?-A. I cannot say; I think not; not very minutely.
Q. 41. How many people were standing around at the time 1--A. I think there was no one. part of the time.
Q. 42. Any one besides the judges and the clerks you mean t-A. No, sir; no one but the board; a part of the time some others were in there; one or two.
Q. 43. You don't say that this ticket you have now attached was exhibited that night!-A. No, sir; it was unobserved by the board.
Q. 44. Now, when did you first observe the erasure I-A. When Mr. Stone and I were looking over the ballots.
Q. 45. That was two weeks ago, was it I-A. Some two or three weeks ago, I don't remember definitely.
Q. 46. You have not had the ballots yourself, and have not had possession of the ballot-box?-Å. No, sir.
Q. 47. Who did you sav kept it 1-A. They were kept by the clerk; he resigned about two weeks ago ; then he placed them in the hands of Squire Hayworth.
Q. 48. He resigned about how long ago ! - A. Something like two weeks ago, I shonlel think, not to exceerl three weeks.
Q. 19. You know where he kept them :-A. In the office.
Q. 53. You did not see them from the time of the election until Mr. Stone came up there for the purpose of counting them ? A. No, sir.
Q. 54. Can you tell from the appearance of the ticket whether the erasure was made before or since the canvass I-A. Can I tell from the appearance of it?
Q. 55. Yes, sir.-A. No, sir; I cannot.
Q. 56. Are the tickets in the box with Wilson's name erased !---A. I think there is only ope.
Q. 57. Are there any there with Frederick's name erased ?-A. I believe not; I eannot be positive abont it.
Q. 58. You don't know, do you, whether this ballot-box has been kept looked all the time, do you l-A. No, sir; I don't.
Q. 59. You don't know that it has been examined into -A. I could not say as to that.
Q. 60. You have not heard the clerk say that it has not been opened ?--A. No, sir.
Q. 65. That wonld be so, would it not; in no inore official custody in his hands than in the bands of anybody else?
(Contestant objects to the question as not proper and leading.) A. I cannot say that it wonld.
Q. 66. When Mr. Stone came there wbat part did he take in the vote-A. I took the ballots out in this way ; held them in my hands; he looked over them as I turned them, I believe; as to the part he took, we just hunted for Wilson's pame on each ticket to find how many ballots we could find with his name on not erased ; in counting over the whole number we found his name on 71 ballots; then that one with the pencil mark.
Q. 67. Who first suggested to you to count this ballot-did Stone ?-A. Yes, sir; he is the only one that said anything about it. I had no knowledge of its being voted until told that they were looking it over that day.
Q. 68. What (lid Stone want it counted for 1--A. Well, I think, as near as I can remember, that we or they or some one said something to tbe effect that we were going over all the precincts of the Congressional districts examining the ballots to see whether there were any errors or not, when he stated that in the different townships around us he had found more or less mistakes wherever they had been, and that they wanted the privilege of examining ours, thinking, probably, they.might find some little error tbere. He said they had found mistakes everywhere they had been ; Bometimes in favor of Wilson and sometimes in favor of Frederick,
Q. 69. Did he say where they had been, and where they had counted the ballots? A. Yes, sir ; I believe that was it.
Q. 70. Did they say they were going to count the ballots in every precinct 1-A. That is my impression.
Q. 71. Did he suggest that there was auy mistake in these ballots 1-A. In our township?
Q. 72. Yes, sir.-A. No, sir; I think not. He rather insinuated that there was a probability of it.
Q. 73. Can yon conceive of any way in which he could have found out except by getting into the box ?--A. I cannot, unless he employed some one else to do it.
Q. 74. When you were counting those ballots on the night of the canvass, did yon suppose you were counting them correctly 1-A. Yes, sir; I did.
Q. 75. What kind of a light did you have, and how many ?-A. I think some three lamps, in a small room.
Q. 76. Have you had no trouble in seeing pencil-marks on this ticket in ordinary light 1-A. No, sir.
Q. 77. Have you any trouble in secing with such a light as you had on that night?A. No, sir; I think not, if I had been careful. I might have overlooked it.
Q. 78. You mean if it was there ?-A. Yes, sir; I mean that.
Q. 79. Well, did Mr. Stone hare this ballot in his hand, did you see, at the time of the canvass -A. I don't think that he did; I think I kept them in my own hands all the time. Well, sir, I cannot remember; he might possibly have had hold of them; it is my impression that he did.
Q. 80. Did you take them off the string 1-A. No, sir; I was a little suspicious about it; thought there might be some kind of a snide about it ; I was rather careful.
Q. 81. Where is Mr. Crook !-A. He is at home, I presume.
Q. 85. Mr. Stone was there, claiming to be in the interest of Mr. Frederick, as his agent?-A. He did not state in whose interest he did this.
Q. 86. You don't know, then, whether in the interest of Mr. Frederick or not?-A. No, sir. (Objection to Exhibit C being attached with part of the Bangor records.)
Redirect: Q. 87. How is that ballot erased in Exhibit C-how is the name of James Wilson erased !--A. It has the appearance of being erased by one pencil-stroke across it.
Q. 88. Is that erasure very clear; or is it an erasure that might be overlooked in counting the ballots ?-A. I should say that it is one that might have been overlooked. (Paid as fee by contestant.)
P. C. CARTER.
STATE OF IOWA,
Marshall County, 88 : I, Eldon Moran, a notary public and commissioner, agreed upon by the parties to take testimony in this canse, in pursuance of the annexed agreement, attached to the testimony of J. L. Adams, whose testimony was taken Feb. 22, 1803, do truly certify that on the 5th day of March, 1883, in pursuance of the notice hereunto aunexed, I took the deposition of the following-named witnesses : Ezra Wyatt, R. E. Leech, Mary Eastman, Elmer Stauffer, Frank Stauffer, Charlie Wyatt, Jessie Siebert, Robert Blakely, George B. York, A. N. French, Wm. Ernst, Jas. K. Johnson, R. E, Strang, Jeremiah Picket, Jacob Randall. P. C. Carter, whose testimony is set forth in the following manner: Each witness was first sworn by me duly, or caused to be sworn, in my presence, as provided by law, and when sworn the questions were propounded to him by the respective parties-Benjamine T. Frederick, contestant, and James Wilson, contestee, by their respective att're, and the question by me read to the witness, who answered the same, and his answer, in the language of the wituess, was by me taken down under each question propounded, and reduced to writing until the deposition was completed.
I further certify, when the testimony of each witness was taken I carefully read the same over to the witnesses, who corrected the same, and each correction noted, and said testimony was then signed by the witness and sworn to by him before ine.
I further certify that T. Brown & Carney appeared as counsel for the contestant, Benjamine T. Frederick, and J. H. Bradley appeared as counsel for James Wilson, contestee.
In witness whereof I have set my hand and seal notarially, this 5th day of March, A. D. 1883. (SEAL.)
ELDON MORAN, Notary Public for Johnson County, Iowa, and Commissioner agreed upon to take testimony.
No. 1. FREDERICK
Testimony. · Wilsox.)
TRAER. STATE OF IOWA,
lama County, 88: Deposition of witnesses produced before me, Eldon Moran, a notary public and commissioner, agreed upon to take testimony, and duly sworn by E. T. Langley, a notary pablic for Tama County on this 2ud vlay of March, '83, in the town of Traer, in pursuance of the notice hereunto attached, in a proceeding pending before the House of Representatives of the United States of America, in a contested election for the ottice of Representative in Congress, in wbich proceeding Benj. T. Frederick is contestant, and James Wilson, contestee ; Brown and Carney for contestant; E. T, Langley, for contestee.
The following testimony was taken before ine : STATE OF Iowa,
Tama County, 88: JOHN ROBERTS, being produced and sworn before E. T. Laugley, a notary public for Tama County, on this 2nd day of March, A. D, 1883, testifies as follows (T. Brown appearing on the part of contestant, F. T. Langley on the part of contestee):
Q. 1. What is yonr name, age, place of residence, and occupation !--A. John Roberte: 33 years old; reside in Carroll Township, Tama County, Iowa; I am a farmer.
Q. 2. Did you hold any official position in that township in '82, and if so, what?A. "Township clerk.
Q. 3. Have you the ballot-box of Carrol Township in your possession ?--A. Yes, sir.
Q. 4. In what condition has it been kept since the election in Nov., '82 ?--A. Good condition, I guess.
Q. 5. Has it been kept sealed I-A. No, sir.
Q. 7. Has any one handled the ballots, since they were placed in the box after the election I-A. Well, it has not been out of my charge at all. I opened it and took out some books, and took books home in it.
Q. 8. It has been in your possession all the time!--A. Yes, sir.
Q. 10. You may in the presence of the judges that have been sworn in that township open the box, count the votes for the office of Representative in Congress, and state bow many each candidate received.
(Witness proceeds to count the votes.)
Att'y objects to the ballot box being opened or the ballots being counted as not being the proper way to determine the matter.
(Assisted in the count by H. C. Cochran and John Hill.)
Q. 11. What is the result of the count !-A. Wilson, 49; Frederick, 4:3—there is one ballot with Wilson's name written and Frederick's not scratched. It is a Democratic ticket with Wilson's name written on with a lead pencil, and Frederick not scratched. (81.55 paid as witness fee by contestant.)
STATE OF Iowa,
Tama County, 88: John G. Bull, being produced and sworn before E. T. Langley, a notary public for Tama County, Iowa, on the 2nd day of March, A. D. 1883, and examined before me, testities as follows: T. Brown appearing on the part of contestant, E. T. Langley on the part of contestee :
Q. 1. What is your name, age, place of residence, and occupation ?-A. John G. Bull; age, 39; am a farmer; reside in Buckingham Township.
Q. 2. Were you one of the clerks at the November election, 1882, in which the electors voted for the office of Representative in Congress ?-A. Yes, sir.
Q. 3. Have you the ballot-box, ballot, and poll-book of that township in your possession ?-A. I have had the poll-book ever since the township book were turned over to me.
Q. 4. How long have you bad the ballot-box?-A. Since this morning; the keys have been in possession of the clerk, but I have the keys at present.
Q. 5. You may state if this poll-book is one of the poll-books of Buckingham Township, Tama County, Iowa.-A. Yes, sir; it is.
Q. 6. Look at the poll-book. [Witness examines it.] State how many votes tho poll-book shows were cast for the office of Representative in Congress for each candidate as shown by the poll-books ?-A. As shown by the poll-book, 104 ballots were cast for the office of Representative in Congress. Jaines Wilson bad 61 votes ; Benjamin Frederick had 43 votes,
Q. 7. State whether any error was made in the return by the board of township canvassers to the board of county canvassers from Buckingham Township for the office of Representative in Congress, and also, if so, what that error was?
(Attorney for contestee objects for the reason that the books and ballots would be the best evidence to show whether or uot there was any error made.)
A. What I would say in answering that question would be this, that I have not seen the poll-book since we canvassed the votes in the township.
Q. 8. You didn't make out the poll-book ?-A. No, sir; it was returned as this is writtev, 4:3, but the tally in that book didn't correspond; the tally here was 38, that is in the other book as we have it, second hand, and we believe it.
(Attorney objects to the witness stating contents of the poll-book, not being the best evidence.)
Q. 9. You may return to the written returns; also read it to the clerk, for the office of Representative in Congress.-A. 104 ballots were cast; James Wilson had 61 votos, B. T. Frederick had 43 votes.
Q. 10. Is that return correct I-A. Yes, sir; I believe it is.
Q. 11. I will ask you if you have re-counted the ballots at any time since the eleotion ?-A. I have not seen them since the election ; if they have been counted it was before I had charge of it.
Q. 12. You may now open the box, re-count the vote cast for the office of Representative in Congress for Buckingham Townsbip, Tama County, and state the result to the commissioner.
(Attorney objects, same as before, that the books are the best evidence to show the facts in the case.)
Q. 13. You may state the result of the count.-A. We have re-counted the ballots; find 102 ballots were cast; Wilson received 61 votes, and Frederick 43. (Paid $1.95 as fee by contestant.)
JOHN G. BULL. STATE OF Iowa,
Tama County, 88 : CALVIN WORD being produced and sworn before E. T. Langley, notary public for Tama County, on this 20 day of March, 1883, and examined before me, testifies as ollows (T. Brown appearing on the part of contestant, and E. T. Langley on the part of contestee):
Q. 1. Did you vote at the November election 1882 in this precinct !-A. I believe so.
Q. 2. For whom did you vote for the office of Representative in Congress 1-A. I think I voted for James Wilson, as near as I can remember.
Q. 3. Did you ever reside in Canada ?-A. Yes, sir.
Q. 5. Did you ever reside there with your family part of the time? Did you ever vote there ?-A. Yes, sir, I have; we moved into Cavada when I was 12 years old.
Q. 6. Did you ever vote in Canada 1-A. Yes, sir, I did.
Q. 7. Have you ever been naturalized ?--A. No, sir; I was American, born in the State of Vermont.
Q.8. How came you to vote in Canada 1-A. Because the law allowed ine to vote.
Q. 9. Where did your parents live ?-A. They lived in the State of Vermont, where I was born.
Q. 10. Where did they move to ?-A. In Canada.
Q. 11. Were they Canadian people 1-A. No, sir; neither father normother. Mother was born and raised there in Vermont ; father was born in the State of Massachusetts and raised there.
Q. 12. You lived in Capada, apıl voted ?-A. Yes, sir; but didn't vote very many years; I think that I voted three times for member of Parliament, since I can recolleci.
Q. 13. Did you ever, under the laws of Canada, quit your allegiance to the United States and become naturalized there !--A. No, sir; it was not the law there, if a person lived so long in a country he was naturalized by that law, so that I never had occasion, or any of my folks had occasion, to take up arms against the United States.
Q. 14. Yon were born in the United States 1-A. Was born in Vermont; I guess that is in the United States; they used to call me in Canada, Yellow Bellied Jacket.
Redirect: Q. 15. How long did you live in Canada !-A. I think that I have been in this sountry 16 or 17 years ; at the first election when General Grant was elected.
Q. 16. How old were you when you went to Canada 1-A, 12 years of age.
0, 18. Then you lived in Canada from the time you were 12 years old until Grant's election I-A. I think it was Grant's election; he was first elected after I came.
Q.19. Did you come here about the time of Grant's election !-A. I came here the epring after Lincoln's assassination. Q. 20. That was in 1866 1--A. Yes, sir.
Cross-examination : Q. 21. Did you mean the spring of his assassination 1-A. No, sir; the next spring. I moved into the country the next spring; any householder or tax-payer there was entitled to vote.
Q.23. Was it a number of years before he could vote 1-A. Yes, sir; a number of years. ($0.85 paid as fee by contestant.)
his CALVIN X WORD.
mark. STATE OF Iowa,
Tama County, 88: ROBERT PROVEN, being produced and sworn before E.T. Langley, notary public for Tama County, on this 2nd day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant and E. T. Langley appearing on the part of contestee):
Q. 1. Were you clerk of Buckingham Township in 18821-A. Yes, sir.
Q. 2. Have you the ballot-box in your possessioni-A. No, sir; it was in the possession of one of the trustees, but I have always had the key in my possession.
Q. 3. Have the ballot-box and ballots been disturbed since the election that you know of?-A. Yes, sir; looked over.
Q. 4. When were they looked over 1-A. I don't remember the day; but it was done in the preseace of the two trustees.
Q. 5. Were the ballots put back in the box 1-A. Yes, sir; never one of them taken off tbe string.
Q. 6. Never any changed --A. No, sir.
2. 7. Can you tell how many votes James Wilson received for the office of Repretentative in Congress by the ballots cast? (Objection, not the best evidence; record best evidence.) Q. & Also, look at the poll-books. (Witness examines it.) A. Wilson, 61. Q 9. How many did Frederick receive 1-A, 43.
Q. 10. State whether there was any error made in the return you made to the county canvassers -A. Yes, sir; one tally.
Q. 11. That one tally was five votes?-A. Yes, sir; that was omitted.
Q. 14. You have examined that poll-book, haven't you t-A. It was returned to Toledo.
Q. 15. You know that tally was omitted ?-A. Yes, sir.