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Q. 10. How does this total number of votes counted to-day compare with the total number of votes as shown by the poll-book ?-A. It is even.

Q. 11. I will ask you what your judgment is about these being the same ballots cast at the election?-A. I think they are the same.

Cross-examination:

Q. 12. Mr. Sanborn, this ticket referred to by the witness just preceding you, as Exhibit D, is that one of the votes you counted in the recount as being for no one of the Congressmen?-A. Yes, sir.

($1.95 paid as fee.)

STATE OF IOWA,

Tama County, 88:

J. B. SANBORN.

E. L. FISH, being produced and sworn before L. G. Kinne, notary public for Tama County, on this 6th day of March, 1883, 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?—A. E. L. Fish, and reside in Highland Township, Tama County, Iowa.

Q. 2. What official position, if any, did you hold during the year 1882, up to the first of January, 1883, in Highland Township, Tama County, Iowa?-A. One of the

trustees.

Q. 3. Were you present as said trustee at the general election in November, 1882, when Frederick and Wilson were voted for, for the office of Representative in Congress? A. Yes, sir.

Q. 4. Have you, in connection with the other judges, made a recanvass for the ballots cast for Congress? What is the result as to how many votes cast for Frederick, and how many for Wilson?-A. 80 for Wilson, 35 for Frederick, including those that were marked B. F. and Ben.

Q. 5. What is your judgment as to those ballots you have canvassed to-day, being the identical ballots cast at the election November, 1882, Highland Township, Tama County, Iowa?-A. I think that they were the same tickets that were counted at that time.

Q. 6. How many did you find in that count to-day for Mr. Platner, Greenback candidate?-A. I think it was 7.

Q. 7. How many upon which the name of all candidates were scratched, with nobody voted for for that office?-A. I think 6.

Q. 8. How does that compare with the poll-book as to the aggregate?—A. I have not footed that up.

Cross-examination:

Q. 9. This Exhibit "D" for the ticket referred to by the witness Mr. Wilson, is that one of the tickets in your recount to-day counted as not being voted for as member of Congress?

(Witness examines the ticket.)

A. I think that it is the one we counted.

Q. 10. That you counted for whom?-A. That we counted as not being for any person.

Q. 11. Do you know whether it is or not?-A. It is pretty hard matter for me to tell.

Q. 12. You just made a recount; don't you know whether or not this is one of the tickets you recounted to-day that you made in your recount to-day as being one of them? A. Yes, sir; I am pretty sure of that.

Q. 13. Have you had some hesitation as to whether or not that should be recounted for Mr. Wilson?-A. It is very dimly scratched; I cannot tell what the intention of the voter was.

Redirect examination:

Q. 14. You know that it shows that there has been a lead-pencil mark run over the name?-A. Yes, sir; it shows that the name has been tampered with.

Q. 15. Shows that lead pencil drawn through part or all of it; didn't it? Are not marks there yet?—A. Yes, sir; I should think that lead pencil had been drawn through it.

Paid $1.95.

STATE OF IOWA,

Tama County, 88:

E. L. FISH.

C. W. BIRDSALL, being produced and sworn before me, L. G. Kinne, a notary public for Tama County, on this 6th day of Mar., A. D. 1883, and examined by 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, and place of residence, and occupation?-A. C. W. Birdsall; I live in Tama City.

Q. 2. In 1882 did you hold any official position in Tama Township up to 1883, and what was it?-A. Township clerk.

Q. 3. As such, were you present at the general election in Tama Township, Tama Co., Iowa, Nov., 1882, at which James Wilson and Benj. T. Frederick were candidates for Congress?-A. Yes, sir.

Q. 4. Did you at that time assist in telling the votes, assorting and declaring the result of that election that day after the result was announced or arrived at? What disposition did you make of the ballots, poll-books, and ballot-box?—A. I took the ballots and ballot-box and poll-books under my arm and came home or took them to. the store.

Q. 5. Was the box locked or sealed or otherwise?-A. It was locked.

Q. 6. Was it sealed?-A. No, sir.

Q. 7. Where did you put it in the store?-A. On the upper shelf.

Q.8. Was this in the business part of the store?-A. Yes, sir.

Q.9. Was it put in the front part of the store, or in the back end?-A. Near the back end.

Q.10. How long did it remain there?—A. I did not remember, but until just a few days since.

Q.11. Did you turn it over to Mr. Wilson ?--A. Yes, sir.

Q. 12. What became of the key of it, do you know?-A. I never had a key that belonged to it, that I know of. The key to-day, I think, belonged to Mr. McAllister; I do not know what we did with the key.

Q.13. Was it closed in any other way except being locked?—A. No, sir.

Q. 15. When did you put it there, if at all?-A. I did not put it in.

Q.16. Do you remember when you turned it over to Mr. Wilson?-A. Some time ago; I do not know just when.

Q. 17. Shortly after he called for them?-A. I think so, but don't just remember when.

Q. 18. Do you remember on the night of the election last November, when you were counting ballots, wasn't there a difference between you and the other clerks when you were making up the tally-list ?-A. Yes, sir.

Q. 19. What was the difference on Representative to Congress, or some other office?— A. I don't remember what it was.

Q. 20. How was it adjusted or arranged?--A. They were calling a list of ten straight votes at a time. In registering I omitted to register five of the ten that were called; in running it over I noticed my mistake, and remembering of having omitted them, I tallied up my five votes with the permission of the board.

Q. 21. At that time did you or the other clerk go back over the ballots to see whether you had five less or five more?-A. No, sir.

Q. 22. Did you do that at any time?-A. No, sir.

Q. 23. During the time that the ballot-box was in your possession was it opened, or ballots taken out or examined or disturbed by anybody besides yourself?-A. No, sir.

Cross-examination :

Q. 24. How many keys are there to your place of business?-A. I think there are three.

Q. 25. You do not carry them all, do you?-A. No, sir.

Q. 26. Do you carry more than one?-A. I carry only one.

Q. 27. Well, your men work in the bakery at night, don't they?-A. Yes, sir.

Q. 2. Have access to all parts of the store during the night? A. Yes, sir.

Q. 29. You say that this ballot-box was not sealed?-A. No, sir.

Q. 30. The top hole had no cover placed upon it ?-A. No, sir.

Q. 31. That is all you know about whether the ballot-box had been tampered with is that you did not open it or tamper with it yourself?-A. That is all.

Q. 32. It may have been tampered with by others?-A. Such a thing is possible. Q. 33. That is what I am asking you; you did not say positive that it may have been tampered with by others, and you not have known it.-A. Yes, it might have been. Q.34. How many men have access to the store ?-A. In what way do you mean? Q. 35. I mean with a key.-A. Three men; well, four really.

Q. 36. Your bakers have access to the store ?-A. One of them has a key and one other man that works with him.

Q. 37. What kind of a lock was on the box?-A. Well, really I don't know.

Q. 3. Just a common lock, was it?-A. Just a common lock, I presume. We had to test it with several keys to open it.

Q. 39. How did you test them?—A. By trying it; that is, prior to the election.

Q. 40. You finally found a key in the hands of a transient party that would open that box, did not you?-A. Yes, sir.

Q. 41. What did you do with that key?-A. I do not know what became of it. Q. 42. The owner kept the key, did not he ?-A. I think likely that he did; I don't know what became of it. I do not remember whether he was present or not.

Q. 43, That was J. J. McAllister, was it not?-A. I think so; I am not positive. Q. 44. At any rate you did not keep the key?-A. No, sir; I did not.

Redirect examination:

Q. 45. Mr. Birdsall, I will ask you if it would be possible, without unlocking the box-in the first place were the ballots all strung?-A. Yes, sir.

Q. 46. Would it be possible for any one, without unlocking or opening the box, to string any more ballots on there or to make any other change in this or any other count?-A. No, sir; I do not think it possible.

Q. 47. Did you at any time, as member of the board of election or any others in the board, did you officially declare the result of the election for Congress in this township? Go back and count out the total number of votes, what they all amounted to, which were cast for Wilson, Frederick, Platner, and add them all together, and then compare with names on the tally-list to see whether they were the same number?A. I add them up in one instance that I remember. I don't remember who that was for. There were 214 tallies and we had 414 votes registered, but do not know what cast it was in. I spoke of it to them, but they did not go over the ballots to ascertain anything different.

Redirect examination:

Q. 48. Do you recollect of a ballot, two ballots rolled together, that were discovered by the board?-A. I do not remember of this; I have heard it spoken of since, but I do not call it to mind when they discovered them.

1.05 paid.

STATE OF IOWA,

Tama County, 88:

C. W. BIRDSALL.

O. E. PARKS being produced and sworn before L. G. Kinne, notary public for Tama County, on this 6th day of March, 1883, 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. Where do you live?-A. In Tama City.

Q. 2. How long have you lived there?-A. I have been staying there about 4 months.

Q. 3. Do you know Ellry Parks?-A. Yes, sir.

Q. 4. Do you know for whom he voted for member of Congress, 5th district of Iowa, at Tama City, 1882, at the November election?-A. I cannot say as to whom he voted for.

Q. 5. Did you ever have any conversation with him as to whom he voted for at the November election?-A. Yes, sir.

Q. 6. Where was this conversation? What did he say as to whom he voted for ?—A. He said that he voted for James Wilson.

Q. 7. Whereabouts was it that you had this conversation?-A. At the Chicago and Northwestern depot.

Q. 8. Was it in the day of the election or afterwards?-A. On the day of the election. Cross-examination:

Q. 9. Are you a relative of Ellry Parks?-A. Yes, sir.

Q. 10. Brother?-A. Yes, sir.

Q. 11. Who was by when you had this conversation?-A. No one.

Q. 12. You said you and he indulged in conversation as to how he voted ?—A. I have forgotten now, I cannot say how it was.

Q. 13. What was it he said?-A. He said that he voted for Wilson.

Q. 14. Was that all the conversation?-A. I think that it was.

Q. 15. What occurred to prompt the conversation?-A. He told me; that is all.

Q. 16. He just up and told you that he voted for James Wilson without any preliminary remarks?-A. Yes, sir.

Q. 17. For what office did he say that he voted for Wilson?-A. He did not say. Q. 18. Been talking of the election before?-A. No, sir.

Q. 19. He did not tell you then for what office?-A. He voted for Wilson.

($1.05 paid as fee.)

OSCAR E. PARKS.

STATE OF IOWA,
Tama County, 88:

R. L. SWAIN being produced and sworn before L. G. Kinne, notary public for Tam County, on this 6th day of March, 1883, and examined before me, testifies as follows T. Brown appearing on the part of contestant, W. H. Stivers on the part of contestee):

Q. 1. Where do you live?-A. Toledo.

Q. 2. Mr. Swain, how long have you lived in Toledo?-A. Ever since the college was built.

Q. 3. Can you fix the time you came here?-A. A year ago last September.
Q. 4. In September, 1880 ?-A. In 1881.

Q. 5. Where had been your residence prior to that?-A. Wayne County, this State. Q. 6. At the time you came here to attend college, did your parents reside in Wayne County, Iowa?-A. Yes, sir; they did.

Q. 7. Were you of age when you came here?-A. Yes, sir; I was.

Q. 8. Have your parents, or either of them, furnished you means of support since you have been here!-A. No, sir; nor for a good while before.

Q. 9. During the time you have been here, or any of the time attending college as student, I mean now prior to the election last fall, did you spend your vacations at home, or any of them ?-A. No, sir: I was here all the year, except summer vacation, and then was dodging from one place to another.

Q. 10. In November, at the time you voted, in 1882, did you intend to become a resident of this town and county?-A. Yes, sir, I did.

Q. 11. Had you voted at previous elections here ?-A. Yes, sir; I had.

Cross-examination:

Q. 12. In March before?-A. I guess that was the month.

Q. 13. At municipal election?-A. Yes, sir.

Q. 14. From the time you cast your ballot at the municipal election, in the spring, 1-82, in Toledo ?-A. It was in 1881, or perhaps in 18-2.

Q. 15. In 1882?-A. Yes, sir; just prior to the November election.

Q. 16. When you cast your municipal vote in Toledo, in the spring, 1882, including the time until you voted at the general election in the fall of 1882, was it your intention, and did you consider yourself a citizen of this township?-A. Yes, sir; I did. ($1.05, paid as Rob. Swain.)

STATE OF IOWA,

Tama County, 88:

R. L. SWAIN.

N. FISHER. being produced and sworn before L. G. Kinne, notary public for Tama County, on this 6th day of March, 1883, 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, and place of residence ?-A. Toledo, Iowa. Q. 2. At the November election, 1882, in Toledo Township, Tama County, Iowa, in which Benjamin Frederic and Wilson, candidates for and voted for, for Representative in Congress, 5th district of Iowa, did you act as judge of the election ?—A. I did. Q. 3. Were you present when the polls were opened on the morning of the election-A. Yes, sir.

Q. 4. Was any proclamation made by the judges, clerks, or any one in there, during the day or before the opening of the polls, that they would be kept open later than 6 o'clock p. m.?-A. No, sir; there was not.

Q. 5. Can you tell how many votes were cast after 6 o'clock?-A. I don't recollect, but there were a few votes; I don't recollect how many.

($1.05 paid as fee.)

STATE OF IOWA,

Tama County, 88:

N. FISHER.

A. J. DINGEE, being produced and sworn before L. G. Kinne, notary public for Tama County, on this 6th day of March, 1883, 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. Where is your place of residence?-A. Toledo, Tama County, Iowa.

Q. 2. What official position in Toledo Township, Tama County, Iowa, if any, did you hold during the year 1882, up to the first of January, 1883 ?-A. I didn't hold any official position in the township.

Q. 3. Were you sworn in and acted as one of the clerks of the general election, 12, in Toledo Township, Tama County, Iowa, during the general election, when Wilson and Frederick were voted for as Congressmen in that district?-A. I was clerk. Q. 4. Were you present after the polls were opened?—A. Yes, sir.

Q. 5. Any proclamation made by the judges of the election, or by the clerks, or by any one in there? Was it at the opening of the polls in the morning that it was announced that the polls would be kept open later than 6 p. m.? Do you remember how many votes were cast after 6 o'clock ?-A. I think three, or perhaps five.

Q. 6. Do you remember when Ben Stone voted?-A. No, sir.

Q. 7. Do you recollect how late the polls were kept open ?-A. I think after 6 o'clock.

Q. 8. Do you remember when Mr. Beardshea voted?-A. I think after 6 o'clock. Q. 9. Now, to refresh your recollection, do you recollect that the polls were held open until after the train from the West came in connecting with the train from the West in order to permit Pres. Beradshea to vote ?-A. I think it was not until after the train came from the North; am not sure.

Q. 10. You are not certain about that ?-A. I think not until after the train came from the North.

Q. 11. You made a proclamation when they would be closed?—A. I did.

Q. 12. Did you proclaim at half-past 8 o'clock that the polls would be closed before 9 o'clock ?-A. I do not remember how or what I did now in regard to it.

Q. 13. You know that they were open after 6 o'clock?-A. Yes, sir.

Q. 14. If they were kept open after the train came in from the North, it would bring it nearly 7 o'clock.-A. Yes, sir; it may have been that they kept them open until the train came in from the South.

Cross-examination :

Q. 15. Were the polls in Toledo kept open for any particular person or persons, beyond 6 o'clock in the evening. Is it true that they were kept open for the general accommodation of all who wished to vote, who were entitled to vote?-A. Yes, sir: I guess, for any one who wanted to vote. I think there were some; I don't remember who it was, some of the train men who wanted to vote.

Redirect:

Q. 16. If it was kept open long enough for them to vote, do you know whether any of them did vote?-A. Yes, sir; I think so.

Q. 17. They would have been kept open until nearly 8 o'clock ?-A. Yes, sir; I have known them to hold them open until that time, to give them a chance to vote.

Q. 18. You have no recollection of their doing that, that night?-A. No, sir; I have

not.

Q. 19. Don't you remember that there was a conversation among the board about Mr. Beardshea, besides Mr. Johnson, and others, who wanted to vote, and among other reasons, that was one reason, that they could get back on the train?-A. I think there might have been some back of Mr. Beardshea; don't remember about Mr. John

son now.

Recross examination:

Q. 20. Do you remember whether the boys came up on the down run and voted ?— A. I don't remember whether they voted when they went down, or whether they kept the polls open until they came back.

($0.85 paid as fee.)

SILAS SEARS, recalled, testifies as follows:

A. J. DINGEE.

Q. 1. Were you present on the night of the election, Nov., 1882, in Toledo, Tama County, Iowa ?—A. was.

Q. 2. Were you present at the time the announcement was made at what hour the polls would be closed that night?-A. I was present.

Q. 3. Who made the proclamation?-A. That I cannot say, as to who it was.

Q. 4. It was announced as to the time the polls would be closed?-A. The announcement was made substantially that the polls would be closed in half an hour. Q. 5. At what time was this announcement made?-A. At about half-past 8 o'clock. Q. 6. Do you recollect whether or not the polls were kept open until after the 6 o'clock train came down from the South-A. Yes, sir; they were.

Q. 7. Do you remember if anybody that came from that train voted that night ?— A. I heard them talk about certain ones; I didn't see. There were four persons that came in and voted after the train came in; one person I know of being on the train. Q. . Who was that?-A. Claus Jones.

Q. 9. How many persons voted after 6 o'clock ?-A. 15 or 20.

SILAS SEARS.

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