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STATE OF IOWA,

Tama County, 88:

R. G. MCINTYRE, being produced and sworn before L. G. Kinnie, 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 Highland 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, 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?-A. 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?-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 IowaA. For James Wilson, 185 votes; for Benjamin T. Frederick, 218 votes, and for David Platner 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 Iowa-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 38? 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-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. That is the certificate made to the county board of canvassers ?-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 County, Iowa, at the general election, 82, for Wilson for Representative in Congress? Also for B. T. Frederick for Representative 5th dist. ?-A. 97 for Frederick; 101 for James Wilson.

$0.85 paid.

R. L. MCINTYRE.

(Contestant offers in evidence a certificate of the auditor of Tama County, Iowa, showing the number of votes cast in Buckingham, Spring Creek, and Tama Townships, in said county, at the Nov. election, 1882, for James Wilson and Benjamin T. Frederick for Representative in Congress, as shown by the official canvass made by the board of supervisors of Tama County, Iowa, as a board of canvassers, and both certified to State board of canvassers, marked Exhibit “E." $0.50 paid as fee for furnishing State exhibit.)

EXHIBIT E.

STATE OF IOWA,

Tama County, 88:

I, R. G. McIntyre, auditor of Tama County, do hereby certify that the following is the vote cast for Hon. James Wilson and B. T. Frederick, respectively, in the townships hereinafter named in Tama County, Iowa, as counted by the board of supervisors of Tama County, Iowa, sitting as a board of county canvassers in making up the aggregate of votes cast in said county for said parties at the general election held therein on the 7th day of Nov., A. D. 1882, which was certified by said board of county canvassers to the board of State canvassers, to wit: in Buckingham Township there was 61 votes cast for James Wilson, and for B. T. Frederick 38 votes, and the poll-book of said township, by the tally-list, showed that B. T. Frederick had 38 votes. The certificate of the judges showed that he received 43 votes in Tama Township. For James Wilson there were one hundred and eighty-five votes, and for B. T. Frederick two hundred and eighteen votes. In Highland Township, for James Wilson, there were eighty-one votes, and for B. T. Frederick thirty-five votes. In Spring Creek Township, for James Wilson, one hundred and one votes, and for B. T. Frederick ninetyseven votes, as appears from the records and papers in my office.

Witness my hand and the seal of the county of Tama this 6th day of March, A. D. 1883. R. G. McINTIRE, County Auditor.

STATE OF IOWA,

Tama County, 88:

CHARLES FRENCH, being produced and sworn before L. G. Kinnie, notary public in and for Tama County, on this 6th day of March, '83, and examined before me, testities 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. Charles French; age, 39; live in Gladbrook, Tama Co., Iowa.

Q. 2. What official position did you hold in that township, and how long did you hold that position?-A. Held the position of township clerk by appointment; was appointed some time last April; I forget; about April, '82.

Q. 3. And have held ever since?-A. Yes, sir.

Q. Were you present at the general election held in Spring Creek Township, Tama Co., Iowa, Nov., 82, at which Frederick and Wilson were voted for for member of Congress, 5th dist. of Iowa -A. Yes, sir; I was.

Q. 5. Did you act as one of the clerks of that election?-A. Yes, sir.

Q. 6. After closing of the polls on the night of the election, what disposition did you make of the poll-book and ballots?-A. Ballots were placed in the ballot-box; ballot-box was carried to my office, which was Mr. Wilber's office at that time; it was left there; remained there until just a few days ago; it was carried from there to my harness shop; been there ever since.

Ques. 7. After you had canvassed the votes on the night of the election, what did you do after you put ballots and the poll-book in the box; was it locked and sealed or either?-A. Locked, but not sealed.

Q. 8. I will ask you whether or not in the canvass of the votes at the election if there was any ballot there with the name of B. Frederick written upon it for member of Congress, 5th district of Iowa, which was not counted?-A. Well, I could not say positive. The judges of the election handled the votes; all I did was to keep a record of it.

Q. 9. Have you the ballots and poll-book with you?—A. The ballots are in the box, the book I have with me.

Q. 10. Who were the judges of the election ?-A. Hess, Berry, and Wescott. Mr. Berry and Hess are here.

Q. 11. Will you be kind enough to open the ballot-box, and, assisted by the members of the board who are present, determine how many votes there were cast for Mr. Wilson and how many for Mr. Frederick; also, whether or not there are any for B. Frederick or any other Frederick?

(Witness proceeds to open the ballot-box and examines the ballots, assisted by Messrs. Geo. W. Hess and S. W. Berry.)

Q. 12. Are the ballots which you have produced, and which you and Messrs. Hess and Berry have just counted, the same ballots which were cast at the Nov. election, 2, in Spring Creek Township, Tama County, Iowa, at which B. T. Frederick and James Wilson were candidates for and were voted for Representative in Congress, 5th: district of Iowa?

(Contestant objects to the question for the reason that they have not shown that the ballot-box has been in the care entirely of anybody.)

A. I believe so.

Q. 13. Whereabouts in the office of Mr. Wilber, after the box was taken there, was it put ?-A. I had a desk in Wilber's office, and right under my desk I placed the ballot-box.

Q. 14. It wasn't locked up in any desk ?-A. No, sir.

Q. 15. Remained there until how many days ago?-A. I can't remember how many. Q. 16. How many?-A. Two or three days ago.

Q. 17. Where did it go then?-A. From Mr. Wilber's office to my workshop.

Q. 18. While it was at Mr. Wilber's office, was it your office all the time?-A. No, sir, not all the time.

Q. 19. What portion of the years?-A. Until the first of the year, the first of Janu

ary.

Q. 20. Have you opened the box yourself, or permitted anybody to open it, or has it been opened with your consent at all or not?—A. The box was opened a few days. ago by myself.

Q. 21. In the presence of whom?-A. In the presence of Messrs. Putnam and Stone. Q. 22. Did they or either of them handle the ballots or any of them?—A. They did

not.

Q. 23. Was or wasn't the condition of the ballots at that time the same as when you had placed them in there on the night of the election ?—A. I think that it was. Q. 24. Was it possible that the ballots were strung when you put them in there on the night of the election?-A. No, sir; they were not strung.

Q. 25. Had they, or had they not, all been taken off by the judges?—A. Yes, sir; upon the first deposit of the ballots they were all folded.

Q. 26. Were they strung at all?-A. No, sir.

Q. 27. At the time you made the count when Stone and Putnam were present how did the total number of ballots compare with the number of ballots returned to the board of county canvassers after you made this aggregate cast for candidates to Congress; was it the same or not?-A. Well, for Mr. Wilson at the time I counted the ballots I counted 101, for Mr. Frederick in counting all on which Mr. Frederick's name appeared there were 98.

Q. 28. What did you ascertain by the recount you have made here to-night the votefor Mr. Frederick and Mr. Wilson to be ?-A. The same as before.

Q. 29. You say when counting the votes all upon which Mr. Frederick's name appears; please explain that, what do you mean by taking all the votes with Frederick's name on them?-A. I mean by that that there were two votes upon which Mr. Wilson's. or Mr. Platner's names were erased and the name of Ben. Frederick or B. Frederick written in with pencil.

Q. 30. Did you know whether all the votes you saw scratched were counted for Frederick or not?-A. I don't know; I was clerk.

Q 31. How have you kept these ballots since you have had them in your harness. shop-A. They were in the box and locked the same as before.

Q. 32. In what part of the shop did you keep them?-A. On my cutting box.

Q. 33. State, to the best of your knowledge, whether or not these are the identical ballots cast at the Nov. election, '82, at Spring Creek Township, at which Wilson and Frederick were candidates for Congress?-A. Yes, sir; to the best of my knowledgethey are.

Cross-examination:

Q. 34. Mr. French, let me ask you, you moved out of Wilber's office the first of January? A. Yes, sir.

Q. 35. When you moved you left the ballot box whereabouts?-A. Well, in the sameposition under the table.

Q. 36. In the front room?-A. Yes, sir.

Q. 37. How many rooms are there to his office that are used?-A. Only one in gen

eral use.

Q. 38. Who uses that room? Who did use it at that time?-A. Mr. Wilber and my

self.

Q. 39. What was it used for?-A. As lawyer's office, insurance office, also for justice of the peace.

Q. 40. Was it frequented by everybody else?-A. Yes. sir.

Q. 41. Almost any time of day ?-A. Yes, sir.

Q. 42. What kind of key was to the lock on the box; one difficult to find a key to open or that is not?-A. I think that it was not a very difficult box to open.

Q. 43. Is it just a common ordinary key --A. It is a common ordinary lock.

Q. 44. Almost any key would open it; it is one of those common ordinary locks ?— A. Yes, sir; cheap lock.

Q. 45. Did you leave the ballots in charge of any one when you left it ?—A. No, sir.

Q. 46. Just left it here, you went back after it last Feb., was it?-A. Yes, sir.

Q. 47. The ballots was just thrown loosely in the box after they were counted ?—A. Yes. sir.

Q. 48. Was there any pains taken to keep them in any way separate?-A. I think no particular mode of keeping them.

Q. 49. Who counted them out at the polls?-A. Mr. Washington Hess, Samuel Berry, and Mr. Wilson.

Q. 50. Who took them out of the box -A. Those parties took them out.

Q. 51. Tell me how they took them out, whether one took them out, and got them into fives and handed them to somebody else ?-A. I can't tell; I was busy with my own work.

Q. 52. You just simply checked them off as they called them?-A. Yes, sir.

Q. 53. You did not know anything else about counting them ?-A. No sir.

Q, 54. You checked them off as they called them to you?-A. Yes, sir.

Q. 55. Now, there are three ballots in there; I want to make an exhibit of these three in your count to-night; how much - well, in the first place produce these

three ballots I have just referred to?

(Witness doesn't find the votes.)

Q. 56. Did you take the ballots back after you quit counting that night; did you take it back into the lawyer's office ?-A. I took it there myself.

Q. 57. Where did you get it ?-A. At Mr. Riteman's office where we held our election.

Q. 58. How long was it after you got done counting that you found the box and took it away?-A. I removed the box immediately.

Q. 59. You mean after you got done counting?-A. Yes, sir.

Q. 60. You mean after you had made out the tally list ?-A. Yes, sir.

Q. 61. Then the box was set where the judges had left it ?—A. Yes, sir.

Q. 62. Then you took it from there and carried it up to the justice of the peace's office-A. The box was on the table where we did the examining; the judges took the ballots and placed them in the box and gave me the key; immediately after the work was done I took the box and removed it to Mr. Wilber's office.

Q. 63. You say the judges put the ballots in the box; were the ballots all out on the table?-A. Yes, sir; at one time they were all out on the table.

Q. 64. They bunched them up in some shape and put them back in the box?-A. Yes, sir.

Q. 65. Did you see them do this? A. Yes, sir; I did.

Q. 66. Was there any stringing of the ballots as they were counting any other time or just laid loosely on the table?-A. They were never strung.

Q. 67. They were packed up on the table and put into the box loosely?-A. Yes, sir.

Redirect:

Q. 68. Were they laid out on the table in bunches, or did you mean to be understood that they were scattered all over the table ?-A. When I say loose, I wish to be understood that they lay in piles, in loose piles, not strung.

Q. 69. Were there any other ballots that were used or had been used during the time of counting except these taken out of the box ?-A. There were none on the table at the time we commenced to count; it wasn't intended that any person should put ballots there.

Recross-examination:

Q. 70. Let me ask you whether the crowd wasn't all around the table while they were counting out the tickets and those that could get near enough, looking over as though they would come around and count?-A. When I was near, or standing by, there were other parties in the office besides the judges and clerks.

Q. 71. While the judges were taking them out of the box, what I wanted to know is whether the other fellows crowded around the table to look and see whether they were properly called off?-A. There were other parties standing near.

Q. 72. How did they take them out of the box to count them-took one at a time, counted, and laid on the table?-A. No, sir; I think not.

Q. 73. How did they do that?-took them all out of the box, lay them on the table, and sort them ?-A. When the polls were closed, the first thing done was to count all the ballots in the box to see if they agreed with the number of ballots cast.

Q. 74. How did they do that?-A. By removing them one at a time.

Q. 75. And put them on the table?-A. Yes, sir.

Q. 76. Then what did they do?—A. Their manner of proceeding there at that time was regular; I was busy there that time.

$2.45 paid as fee by contestant.

STATE OF IOWA,

Tama County, 88:

CHARLES FRENCH.

G. W. HESS, being produced and sworn before G. G. Kinney, a notary public for Tama County, on this 6th day of March, A. D. '83, and examined before me, testifies as follows (T. Brown appearing on the part of contestant and L. G. Kinney on the part of contestee):

Q. 1. What is your age, place of residence, and occupation?-A. I am 43 y'rs of age; I live in Gladbrook; I buy butter, and farm a little.

Q. 2. What official position, if any, have you held in Spring Creek Township in '82, up to Jan'y 1st, '83?-A. I was Township trustee; also acted as one of the judges. Q. 3. In this Township?-A. Yes, sir.

Q. 4. Are you still one of the judges of the township?-A. Yes, sir.

Q. 5. Were you present at the general election in Nov., 1882, held in Spring Creek Township, Tama Co., Iowa, at which B. T. Frederick and James Wilson were candidates from the 5th Dist. Iowa?-A. Yes, sir.

Q. 6. Were you one of the judges of election at that time?-A. Yes, sir

Q. 7. Since you have been here to-day, have you made a recanvass of the ballots purporting to have been cast at that election?-A. Yes, sir.

Q. 8. What is the result of that examination as to how many votes you ascertained? How many ballots were cast for James Wilson and how many for B. F. Frederick, for Representative in Congress from the 5th dist. of Iowa?

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

A. There were 101 for James Wilson, as we counted them; 98 for B. T. Frederick. Q. 9. What is your judgment as to whether the ballots which you have canvassed here are the same ones cast at the general election, Spring Creek Township, Tama Co., Iowa, in Nov., 1882, at which time James Wilson and B. T. Frederick were candidates for Congress from the 5th dist. of Iowa ?--A. I don't see any reason why they should not be the same any more than it seems by the poll-book that there was one more for B. T. Frederick.

Q. 10. How many-one more now ?-A. Yes, sir.

Q11. How do you account for that-for the vote anyway?-A. I do not know, unless we counted for B. T. Frederick an irregular vote and did not put it down for

him.

Q. 12. Do you remember anything about what you did about that?-A. I don't know: only some irregular votes. I saw one with the Wilson scratched out. I should have thought that that was the same ticket.

Q. 13. You remember that there was some question of that kind as to one of the Congressional votes ?-A. Yes, sir; I had entirely forgotten what it was until I saw the tickets.

Q. 14. Did you examine the poll-book and send down here to see whether the aggregate number of votes for Congress was the same as you make them here to-night ?— A. No, sir; not until to-night.

Q. 15. How do you find it now?-A. 97 for Frederick, 101 for Wilson.

Q. 16. I mean what does the book show ?-A. That is what I said, the book. (Witness examines the book. The book shows 97: as the ballots show it is 98.) Q. 17. Does that make the number of votes polled altogether; was there 101 votes shown by the poll-book cast for Wilson, 97 for Frederick, and for Platner 52 make in the aggregate the same number of votes as the total number of persons whose names appear on the poll-book as having voted at said election?-A. No, sir.

Q. 18. How much does that lack of it ?-A. It lacks two votes.

Q. 19. Then counting one vote, which you might have possibly counted by mistake for Frederick, would it lack one vote of being the total number of votes cast ?-A. Yes, sir.

Q. 20. How do you account for that one vote being voted in that way?—A. That ticket that has neither Frederick or Wilson's name on it.

Cross-examination :

Q. 21. Who counted the ballots out of the box that evening?—A. I think I took the ballots ont of the box that evening.

Q. 22. Will you tell us how you did it ?-A. I took out one at a time to see if we

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