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No. 2.

FREDERICK 1.Testimony.

Wilson. S

TOLEDO. STATE OF Iowa,

Tama County, 88: Deposition of witnesses produced before me, Eldon Moran, notary public, and com

missoner agreed upon to take testimony, and duly sworn by L. G. Kinnie, a notary public in and for the county of Tama, Iowa, on this sixth day of March, 1883, in pursuance of a notice hereunto attached, at the office of Strubble and Kinnie, at Toledo, Tama County, Iowa, in a proceediug pending before the House of Representatives of the United States of America, in a contested election for the office of Representative in Congress, in which proceeding Benj. T. Frederick is contestant and James Wilson contestee (Brown and Carney appearing for contestant, and Wm. H. Stivers for contestee).

The following testimony was taken before me :

STATE OF IOWA,

Tama County, 88: BENJAMIN THOMPSON, being produced and sworn before L. G. Kinnie, notary public in and for Tama County, on this sixth day of March, '83, and examined before me, testifies as follows (T. Brown appearing on the part of contestant and W. H. Stivers on the part of contestee):

Q. 1. What is your name, age, place of residence, and occupation 1-A. Age, 38; reside in Tama City.

Q. 2. How long have you resided in Tama City ?-A. Nearly 13 years.
Q. 3. Were you at the general election in Nov., '821-A. Yes, sir.
Q. 4. Do you know Ellery Parks I-A. Yes, sir.
Q. 5. How long have you known him ?-A. Nearly 13 years.
Q. 6. Was he a resident of Tama Township in 1882 1-4. No, sir.

Q. 7. How long prior to the Nov, election, '82, did he have a residence in Tama
Township ?-A. I think he lived in Toledo Township in March, '82.
Q. 8. Did he ever reside in Tama Township after that?-A. No, sir.

Cross-examination : Q. 9. Where was Ellery Parks at the time of the Nov, election in '821-A. He was in transit from Toledo Township to Kapsas. . Q. 10. Did he live any place ---A. No, sir.

Q. 11. Where was he -A. In Tama City. • Q. 12. Where did he live previons to that?-A. At Toledo,

. 13. Where did he live 1-A. On the jndge's farm. Q. 14. When did he live there :-A. He left there with his goods on the morning of the election, or night betore, I do not know which..

Q. 15. Can you tell what section he lived on 1-A. No, sir; I canpot.
Q. 16. Do you know what section he lived on 1-A. No, sir.
Q. 17. North on one of the judge's places 1-A. Yes, eir.
Q. 19. In that Bllery house 1-A. Yes, sir.
(Witoess fee, $1.55, paid by contestant.)

BENJ. THOMPSON. STATE OF IOWA,

Tama County, 88 : E. G. PENROSE being produced and sworn before L. G. Kinnie, notary public in and for Tama County, on the sixth day of March, '83, and examined before me, testified as follows (Brown and Carney appearing on the part of contestant, Wm. H. Stivere on the part of contestee):

Q. 1. What is your name, age, place of residence, and occupation 1-A. Age, 38 years; reside in Tama City.

Q. 2. How long have you resided in Iowa City, Tama County, Iowa -A. I came here first in 1868, and then I was away three and half years, and have resided there since.

Q.3. For the last seven or eight years continually ?-A. Yes, sir; since 1879.
Q. 4. Do you know Ellery Park ?-A. Yes, sir.

Q. 5. Did you see him on the day of the election, Nov., 1882, in Tama Township, Tama Co., Iowa 1-A. Yes, sir.

Q. 6. Did you see him vote at that election 1-A. No, sir.
Q. 7. Do you know whether or not he did vote 1-A. I think that he voted.

Q. 8. Do you know for wbom be voted for Representative in Congress for the 5th district of Iowa 1-A. No, sir.

9. Did yon ever have have any conversation with him as to whom he would vote for if he voted -A. Yes, sir.

Q. 10. What did he say ?-A. He said he was going to vote the Republican ticket.

Q. 11. Did he say anything about as to whom he was going to vote for in Congress 1-A. No, sir. Q. 12. You had no conversation with him afterwards ?-A. No, sir.

Cross-examination : Q. 13. This conversation with Parks was before the election, you say ?-A. Yes, sir. Q. 14. Did he tell you that he should vote the Republican ticket ?-A. Yes, sir,

Q. 15. Did you have any conversation with him on the day of the election or after he voted 1-8. No, sir; not after he voted, but previous. I did at the time I suppose he voted. * Q. Do you not know that he did vote 1-A. No, sir; I have no knowledge further than what he said, I did not see him vote. ($.155 he paid as fee)

E. G. PENROSE. STATE OF Iowa,

Tama County, 88 : Thos. H. WILLIAMSON, being produced and sworn before L. G. Kinnie, a notary public in and for Tama County, on this 6th day of March, A. D. 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and W. H. Stivers on the part of the contestee):

Q. 1. What is your name, age, place of residence, and occupation ?-A. Age, 27; reside in Tama City, Tama Township, Tama County, Iowa. Q. 2. What office, if any, do you hold 1-A. Township clerk.

Q. 3. When did you qualify and enter on the duties of that office 1-A. The 1st of January.

Q. 4. What year 1-A. 1883.

Q. 5. Have you in your possession, and under your control the poll-book and ballotbox, and ballots cast at the general election on Nov., 1882, in which B. T. Frederick and James Wilson were candidates for Congress, in Tama Township, Tama County, lowal-A. Yes, sir; I have.

Q. 6. When did you receive possession of said poll-book, ballot-box, and ballots, and from whom I-A. I received possession of the poll-box and ballot-box from C.M. Birdsalls, and think that I received the poll-book on the 3d of Jan., and the ballot-box and ballots and receipted for them at the same time, and considered them in my possession, but they were in the shelving in Mr. Birdsall's store.

Q. 7. At the time you really received possession of the ballots and box, what was its condition as to being sealed or otherwise 1-A. It was locked, but not sealed.

Q.8. Who gave it to you l-A. It was then delivered to me and my attention called to the possession of it; I did not take it from there then.

Q. 9. How long did it remain there after it came into your possession ?-A. Probably seven weeks.

Q. 10. What did you do with it then 1-A. I took it to my place of business.

Q. 11. What was its condition after yon took it to your place of business I-A. It was locked but not sealed.

Q. 12. Whereabouts did you keep it 1-A. I kept it in a small room back of the stairs ; in a back office.

Q. 13. In what is called the reception room or private room of the bank ?-A. In behind the counter.

Q. 14. Has it been kept there from that time till this time 1-A. Yes, sir; it has with the exception of the day we opened it; it was taken into the private office room.

Q. 15. As far as you know has it been in any way opened by any body by consent or otherwise, or without your consent, and the ballots examined by any one in any mander, and if so, in what manner and under what circumstances 1-A. They have not been opened or examined by any one except myself.

Q. 16. When was that I-A. It was one day last week; I have forgotten the day.

Q. 17. Where was it and who was present ?-A. It was in the director's room of the bank.

Q. 18. The 1st National bank ?-A. Yes, sir; Dr. Thompson, and H. McAlister, and Mr. Guernsey were present.

Q, 19. How did you open the box !-A. The key had been lost; it had been stated to me that there was no key to the box; I took a hatchet, pried open the box, and broke the lock.

Q. 20. Did anybody count the ballots there at the time? (Contestee objects to the question because it is not shown that the box was kept and not handled by other interested parties.)

A. I read the ballots to these three parties present at Toledo,

Q. 21. Do you mean that you read them simply the candidates to Congress I-A. Yes, sir; simply the candidates to Congress.

Q. 22. Did any of the other gentlemen present handle any of the ballots at that time 1-A. They did not.

Q. 23. What was the result of that count as to candidates for Congress, and how many votes did the count show were cast for Mr. Wilson, and how many for Mr. Frederick as Representative in Congress from the State of Iowa ?

(Contestee objects to the question on the ground that it is not shown that these were the original votes cast at the election, nor that the ballot-box remained in the hands of the proper persons from the time of the election up to the time of the cross-examination.)

A. We found that B. T. Frederick had 218 votes, and James Wilson had 176.

Q. 24. What was done with the ballots in the box after the count 1-A. I put the ballots in the box; the ballots were never taken out of the box; they were counted in this way, by being held up in this way; then they were dropped right back into the box and I took the box into my room in the store, put a lock on it, and locked it up and sealed it.

Q. 25. Has it remained so ever since I–A. Yes, sir; it has to the best of my knowledge and belief.

Q. 26. As I understand it you had the poll-book in your possession from the 2d or 3d of January continuously 1-A. Yes, sir.

Q. 27. Where was it kept!-A. With the other township books in the same room. Q. 28. Will you please produce the ballot-box and ballots? (Witness produces ballot-box.)

Q. 29. Is this the box which you have produced here before the commissioner, and also this poll-book and ballots, which were counted at the time you speak of; the poll-book, box, and ballots which were received by you from Mr. Birdsall, the former

clerk i

Q. 30. Will you be kind enough, with the aid of the judges of Tama Township, to reconnt the ballots for member of Congress ? Who were the trustees or judges of election for Tama Township ?

(The ballots are recounted in the presence of the judges, Messrs. Fife, Day, and Jackson.)

Q. 31. Were these the old trustees 1-A. Yes, sir.
Q. 32. They served in '82, at the time of the election ?--A. Yes, sir.

THOS. WILLIAMSON. STATE OF Iowa,

Tama County, 88: BENJ. THOMPson, being produced and sworn before me, L. G. Kinne, a notary public in and for Tama County, on this the 6th day of March, A. D. 1883 (T. Brown appearing on the part of the contestant and W. H. Stivers on the part of contestee), testifies as follows:

Q. 1. Was there any one or both of the Democrats made application for an appointment of a member of the election board at the Nov, election, 1882, in Tama Township ?-A. I was chairman of the township eommittee, and, as such, I asked the clerk to appoint a Democrat on the board.

Q: 2. Did you ask Mr. Birdsall, township clerk -A. Yes, sir.

Q. 3. Did he accede to your request 1-A. He said that any one that I should nominate to the position should be put there, and I nominated Mr. J. H. Holland.

Q. 4. Was it done?-A. When he made his appearance there he was refused, and we put in Mr. Carmichael in his place.

Q: 5. Did you know anything about any votes being refused before the closing of the polls on the day of the election !-A. No, sir; not personally.

BENJ. THOMPSON. Fee of $1 paid by contestant.

STATE OF Iowa, a

Tama County, 88: A. W. GUERNSEY, being produced and sworn before L. G. Kinne, a notary public in and for Tama County, on this 6th day of March, A. D. 1883, testifies as follows (T. Brown appearing on the part of contestant and W. H. Stivers on the part of contestee):

Q. 1. What is your name, age, place of residence, and occupation -A. Age, 47 years ; place of residence in Tama County, Iowa, at Tama City, and my occupation is that of an attorney at law.

Q. 2. Were you present on the day last week and at the time Mr. Williamson testified to when he opened the ballot-box of Tama City for Tama Township, State of Iowa, and the ballots cast for the candidate for Congress, 5th distriet of Iowa, and the ballots recounted by him and other gentlemen -A. Yes, sir; I was present when the ballots were recounted at the time Dr. Thompson and J. J. McAllister were present the latter part of last week, I think

Q. 3. Who counted and handled these ballots !-A. Mr. Williamson, township elerk.

Q. 4. Anybody else handle these ballots at all ?-A. No, sir.
Q. 5. Did you keep tally of the ballots ?-A. No, sir.

Q. 6 What was the result as to the No. of ballots cast for James Wilson and Benj. T. Frederick, candidates for Congress, 5th district of Iowa, in said township, county, and State !

(Objection, not shown that these were the original votes cast at the election nor that the ballot-box has remained in the hands of proper persons prior to the election up to the time of the cross-examination.)

A. There were tallied for Mr. Wilson 176 votes, and for Mr. Frederick 218 votes. I do notrecollect what the Greenback candidate's name was, but I think there were 10 votes for him, and one for Frederick, scattering.

Q.7 Do you know for whom that scattering vote was cast ?-A. I do not recollect, sir.

Q. B. Neither for Frederick nor Wilson 1–A. No, sir, I think not, if my memory serves me right, but for some horse or something.

Q. 9. You were there until after the ballots were put back ?-A. Yes, sir; until Mr. Williamson started to go away.

Q. 10. With the box and ballots ?-A. Yes, sir.
Q. 11. I will ask you if you have examined these tally-books?-A. Yes, sir.

Q. 12. Was that there at the time 1-A. Yes, sir; I just footed up the number of votes cast for Congress and compared it with the tally-sheet. I noticed this discrepancy, 412 votes on the return sheet, 414 votes cast for Congress; that is all that I noticed particularly to-day.

Q. 13. Did you know Ellery Parks ?-A. Yes, sir.
Q. Did you know where he resided in '82 1-A. No, sir.

Cross-examination :
Q. 15. You say you found a discrepancy between the tally-list and poll-books?-A.
No, sir; between No. of votes on the book and the counted number of votes cast for

Congress.

Q. 16. You mean the number of voters who voted—that is, the list of voters kept by the board ?-A. Yes, sir.

Q. 17. You say you found 4121-A. Yes, sir.

Q. 18. Connted votes for Congress 1-A. It is the poll-book purporting to be the poll-book of the election held at the office of Mills and Guernsey, in Tama City, Tama County, Iowa, 7th November, '82. John Fife. H. Day. H. E. Rainsdell.

Q. 19. Whose book is this, clerk ?-A. It is the one kept by the township clerk. Mr. Bridsall was township clerk then.

A. W. GUERNSEY. $1.05 paid as fee by contestant.

STATE OF Iowa,

Tama County, 88: W.T. HOLLEN, being produced and sworn before L. G. Kinne, notary public for Tama County, on this 6th day of March, A. D. 1883, testifies as follows (T. Brown appearing on the part of contestant, and W. H. Stivers on the part of contestee):

Q.1. What is your name, age, place of business, and occupation ?-A. My age is 51 years, and my place of residence is in Tama City, Iowa.

Q. 2. How long have you lived in Tama Township, Tama County, Iowa ?-A. 30 years and over.

Q.3. Were you present on the day of general election, November, 1882, in said town. ship, connty, and State, at and during the time the ballots were being counted by the judges and clerks of the election 1-A. I was, sir, part of the time they were counting, but not all the time.

Q.4. During the time that you were present when the votes were being counted in said township, county, and State, state whether or not there was any discrepancy in the counts between the 2 clerks, and, if so, what was done with it by the judges and elerks?-A. Well, sir, at the latter part of the counting of the votes, the two clerks, in tallying up, discovered a discrepancy of five votes; Mr. Carmichael was five votes ahead of Mr. Birdsall on Mr. Wilson's tally.

Q.5. You mean Mr. Wilson, the candidate for Congress 1-A. Yes, sir; Mr. Birdsall tallied up five to make it even with Mr. Carmichael.

Q.6. Did they go back and count the ballots to ascertain if it was correct 1-A. No, sir; they did not.

Cross-examination: Q.7. That was toward the last, wasn't it?-A. Yes, sir; it was along there, probably.

Q.8. The clerks conferred with one another until they were satisfied where the error was 1-A. They conferred together in this way

Q.10. I don't care which way they did it; but they did it ?-A. I don't know whether they did or not.

Q.11. After they did confer together they corrected what they claimed was a mistake, didn't they 1.-A. They finally corrected it.

Q.12. Was that after they conferred together?-A. Yes, sir; after they talked together of it.

Recalled :
Q.1. Do you know Ellery Parks I-A. Yes, sir.

Q.2. Did you see him vote in Tama County, Iowa, at the general election, 1882 ! -
A. Yes, sir; I saw him put in his vote; yes, sir.
Q.3. You don't know how he voted 1-(A. No, sir; I don't know.)

W. T. HOLLEN. . $1.05 paid as fees.

STATE OF Iowa,

Tama County, 88 : Silas SEARs, being produced and sworn before me, L. G. Kinne, a notary public in and for Tama County, on this 6th day of March, A. D. 1883, testifies as follows (T. Brown appearing on the part of contestant and W. H. Stivers on the part of contestee):

Q.1. What is your name, age, place of residence, and occupation 1-A. Age, 60 years; live in Tama Co., Iowa.

Q.2. How long have you lived in Toledo Township I-A. 1 year.

2.3. Were you present at general election held in court-house Nov., 18821-A. Yes, sir; I was.

Q.4. State, if you know, when the polls of said election in said county and State were closed for that day.-A. At 9 o'clock, I think, in the evening.

Q.5. State, if you know, what man, if any man, voted about 6 o'clock or about that time; who was the last man that voted at or about 6 o'clock that day 1-A. Ben Stone, I think, when I went to supper. We all went to supper. He came and voted.

SILAS SEARS. $0.85 paid as fee by contestant.

STATE OF Iowa,

Tama County, 88: CHARLES A. Wilson, being produced and sworn before me, L. G. Kinne, a notary public in and for Tama County, on this 6th day of Mar., A. D. 1883, testifies as follows (T. Brown appearing on the part of contestant and W. H. Stivers on the part of contestee):

Q. 1. What is your name, age, place of residence, and occupation 1-A. Age, 43 years; reside in Highland Township, Tama Co., Iowa.

Q. 2. How long have you lived there 1-A. 10 years.

Q. 3. What official position do you hold in that township, if any, and how long have you held that position ?-A. I am township clerk, and have been for two years past; am entering upon second term of ottice as township clerk.

Q. 4. Have you in your possession poll-book, ballot-box, and ballots of said township which were used, and the ballots which were polled at the general election in Nov., 1883, in said township ?-A. Yes, sir.

(Witness produces the same ballot-box, ballots, &c.)

Q. 5. This election, Mr. Wilson, wherein the voters voted for Jas. Wilson and Benj. T. Frederick for Representative in Congress, 5th district of Iowa 1-A. Yes, sir.

Q. 6. In whose possession has the ballot-box, ballots, and poll-book been from the time the ballot was counted until this time, from the night of the election, Nov. 7, 1882, until the present time?-A. In my possession.

Q. 7. What has been its condition as to being locked, sealed, or otherwise during this time 1-A. It has been locked.

Q. 8. Been sealed ?-A. No, sir.

Q. 9. Where have you kept it 1-A. I have kept it in a room in the upper part of the house.

Q. 10. Has the box been opened or the ballots examined by anybody from the time the count was made in the night of the election until the present time 1-A. Yes, sir; the box was opened.

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