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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 1-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 1-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 yon 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 1-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 adjnsted or arrangedi.-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 t-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. 28. Have access to all parts of the store during the night 1-A. Yes, sir.
Q. 29. You say that this ballot-box was not sealed 1-A. No, sir.
Q. 30. The top hole had no cover placed upon it 1-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 1-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 I-A. Well, really I don't know.

Q. 38. 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 1-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 I-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 pumber 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.

C. W. BIRDSALL. 1.05 paid.

STATE OF IOWA,

Tama County, 38 : 0. E. PARKs being produced and sworn before L. G. Kione, 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 ?-Å. 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 remarksi-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 Tama 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 conteatee):

Q. 1. Where do you livel-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 yon came here to attend college, did your parents reside in Wayne ('ounty, Iowa 1--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 1-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 1-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 yon voted, in 1882, did you intend to become a resident of this town and county I-A. Yes, sir, I did. Q. 11. Had you voted at previons elections here ?-A. Yes, sir; I had.

Cross-examination :
Q. 12. In March before 1-A. I guess that was the month.
Q. 13. At municipal election ?-A. Yes, sir.

0. 14. From the time you cast your ballot at the municipal election, in the spring, 1882, in Toledo 1-A. It was in 1881, or perhaps in 18-2.

Q. 15. In 18821-A. Yes, sir; just prior to the November election.

Q. 16. When you cast your municipal vote in Toledo, in the sprioy, 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.)

R. L. SWAIN. STATE OF Iowa,

Tama County, 88: 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.1-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. (31.05 paid as fee.)

N. FISHER. STATE OF IOWA,

Tama County, 88: 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 fol. lows (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 bold 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, 1882, in Toledo Township, Tama County, Iowa, during the general election, when Wilson and Frederick were voted for as Congressmen in that district :--A. I pas 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 1-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 1-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 yote.

Redirect: Q. 16. If it was kept open long enough for them to vote, do you know whether ary 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. 16. 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 abont 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. Johnson 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.)

A. J. DINGEE.

SILAS SEARs, recalled, testifies as follows:

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

Q. 2. Were you present at the time the appouncement was made at what hour the polle 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 tine the polls would be closed 1-A. The announcement was inade 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 1-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. 8. Who was that ?--A. Clans Jones.
Q. 9. How many persons voted after 6 o'clock !---A. 15 or 20.

SILAS SEARS.

STATE OF Iowa,

Tama County, 88: R. G. MCINTYRE, being produced and sworn before L. G. Kionie, notary public in and for Tama County, on this sixth 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, 52 years, and reside in Toledo.

Q. 2. What official position do you hold in this county, and how long have you held the same -A. I hold the position of county auditor, and have held it a little over five years.

Q. 3. Have you with you the poll-book returned by the township officers to you as county auditor of Higbland Township ?-A. I have.

(Witness produces the same.)

Q. 4. Tell us, if you please, how many votes were returned for Highland Township by the election board of that township as having been cast there at the general elec tion in 1882 for James Wilson for Representative in Congress and for Benjamin T. Frederic as Representative in Congress, and for David Platner for Representative in Congress.-A. There appears to be 81 votes returned for James Wilson; for Benjamin T. Frederic, 33 votes; for B. F. Frederic, 1 vote; for Ben. T. Frederick, 1 vote, and for David Platner 7 votes.

Q. 5. Have you with you the poll-book of Buckingham Township --A. Yes, sir; I have.

Q. 6. How many votes were returned by the board of canvassers—that is, of the election board-as having been cast at the general election for James Wilson for Representative in Congress, for B. T. Frederick for Representative in Congress, and for David Platner for Representative in Congress, all of the 5th district 1-X. For James Wilson, 861 votes ; returned for B. T. Frederick-in the certificate it stands 43 votes, while that poll-list shows only 38 votes.

Q. 7. Have you with you the poll-book of Tama Township 1-A. Yes, sir; I have.

Q. 8. How many votes were returned by the board of canvassers of Tama Township, Tama County, Iowa, as having been cast at the Nov. election, '82, for James Wilson, Representative in Congress, and for Benj. T. Frederick for Representative in Congress, and for David Platner for Representative in Congress, 5th district in Iowa A. For James Wilson, 185 votes; for Benjamin T. Frederick, 218 votes, and for David Platuer 10 votes, and one vote returned scattering.

Q.9. Have you with you the poll-books of Spring Creek Township!-A. Yes, sir.

Q. 10. How many votes were returned by the board of canvassers of Tama Township, Tama County, Iowa, as having been cast at the Nov, election, '82, for James Wilson as Representative in Congress, and for Benjamin T. Frederick for Representative in Congress, and for David Platner, Representative in Congress, 5th dist. of Iowal-A. For James Wilson, 101 votes returned; for Benjamin T. Frederick, 97, and for David Platner, 52.

Q. 11. In reference to Buckingham Township, in canvassing the votes by the board of canvassers, what was done in reference to the discrepancy or difference between the certificate of the township board giving Mr. Frederick 43 votes and the tally-list giving him 381 You saw them sealed in official count, and in making up the aggregate number of votes they counted 38 votes for Mr. Frederick in certifying the votes to the State board; how many votes were included as having been cast for Mr. Frederick in Buckingham Township -A. 38 votes.

Q. 12. The same number given in the canvass ?-A. Yes, sir.

Q. 13. How many votes were given Mr. Wilson, how many Mr. Frederick, in the amount certified to State board of canvassers, as having been cast for them as Representatives in Congress for the 5th dist. at the general election, '83, in High Land township 1-A. They counted 81 votes for James Wilson ; 35 for Benjamin T. Frederick,

Q. 14. How many votes were counted for Wilson, and how many for B. T. Frederick, in making up the aggregate am't which was certified as they were received in Tama Township, and certified to by the State board of canvassers as having been cast at the general election, Nov., '82, in that township ?--A. I found by reference to duplicate returns that 185 votes were certified for James Wilson and 218 votes for B. T. Frederick.

Q. 15. Tbat is the certificate made to the county board of canvassers 1-A, Yes, sir.

Q. 16. How many votes were certified to in the aggregate by the state board of canvassers by the county board as having been cast for Spring Creek Township, Tama Coonty, Iowa, at the general election, '82, for Wilson for Representative in Congress! Also for B. T. Frederick for Representative 5th dist. I-A. 97 for Frederick ; 101 for James Wilson.

R. L. MCINTYRE. $0.85 paid.

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