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(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.)
Exhibir 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 ot" 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 Tow1]sbip, 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,
STATE OF IOWA,
Tama County, 88: CHARLES FRENCII, 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 1--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 1-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 1-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 1-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, 82, 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 i
(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 l-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 1-A. No, sir,
Q. 18. While it was at Mr. Wilber's office, was it your office all the time 1-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
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 pot.
Q. 23. Was or wasn't the condition of the ballots at that time the same as when yon bad 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 strong at all 1-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 umber of ballots returned to the board of county canvassers after you made this aggregate cast for candidates to Con. gress; was it the same or not1-A. Well, for Mr. Wilson at the time I connted the bal. lots I counted 101, for Mr. Frederick in counting all on which Mr. Frederick's pame appeared there were 98.
Q. 28. What did you ascertain by the recount you have made here to-night the vote for Mr. Frederick and Mr. Wilson to be 1-A. The same as before.
Q. 29. Yon say when counting the votes all upon which Mr. Frederick's pame appean; please explain that, what do you mean by taking all the votes with Frederick's name on them l-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 I-A. I don't know; I was clerk.
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 yon 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 Prederick were candidates for Congress ?-A. Yes, sir; to the best of my knowledge they are.
Cross-examination: Q. 34. Mr. French, let me ask you, you moved out of Wilber's office the first of Jannary I-A. Yes, sir.
Q. 35. When you moved you left the ballot box whereabouts ?--A. Well, in the same position 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 1-A. Only one in general use.
Q. 38. Who uses that room? Who did use it at that time 1-A. Mr. Wilber and my
Q. 39. What was it used for ?-A. As lawyer's office, insurance office, also for justiee of the peace.
Q. 40. Was it frequented by everybody else ! -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 1A. Yes, sir ; cheap lock.
Q. 45. Did you leave the ballots in charge of any one when you left it 1-A. No, 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 1-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 I-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 1-A. No sir. 0, 54. You checked them off as they called them to you l-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 1-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 reinoved the box immediately.
Q. 59. You mean after you got done counting ?-A. Yes, sir.
Q. 62. Then yon 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 1-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 I-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 1-A. They were never strung.
Q. 67. They were packed up on the table and put into the box loosely 1--A. Yes,
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 1--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 1-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 aronnd and count 1-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 1-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 1-A. When the polls were closed, the first thing done was to count ali 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. 76, Then what did they do ?-A. Their manner of proceeding there at that time was regular; I was busy there that time.
CHARLES FRENCH. $2.45 paid as fee by contestant.
STATE OF Iowa,
Tama County, 88: 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 Ist, '83?-A. I was Township trustee; also acted as one of the judges.
Q. 3. In this 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 1-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, por that the ballot-box bas reinained 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., lowa, in Nov., 1882, at which time James Wilson and B. T. Frederick were candidates for ('ongress 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.
Q 11. How do you account for that--for the vote anyway I-A. I do not know, unless we counted for B. T. Frederick an irregular vote and did not put it down for
Q. 12. Do you remember anything about what yon 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 1-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 1-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, anð for Platner 52 make in the aggregate the same number of rotes 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 inight 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 tbe ballots ont of the box tbat evening.
Q. 22. Will you tell us how you did it!-A. I took out one at a time to see if we tallied all the number of votes, and took them out of the box, laid them on the table one at time.
Q. 23. What did you do with the box -A. It sat there on the table.
Q. 25. Then what did you do with the ballots 1--A. I can't remember sure whether we put them back in the box or whether we opened them. I took them out of the box. Just after we folded them up and laid them on the table.
Q. 26. Then what I-A. I don't know whether we put them back in the box or not. We proceeded to open them; I think that we sorted them out.
Q. 27. They were just laid in a loose pile as they were folded on the table 1-A. Yes, sir.
Q. 28. You don't know whether you put them back in the box until they were tal. lied 1-A, I would not be sure about that.
Q. 29. The box was there on the table ?-A. Yes, sir.
Q. 30. How did you manage to tally them ?-A. My recollection is that we sorted out two straight tickets for each of the candidates, and tallied so many straigbt tickets.
Q. 31. You tallied out in three or four or five piles on the table straight Republic al tickets !--A. Yes, sir.
Q. 32. Straight Greenback tickets in another ! -A. Yes, sır.
Q. 33. Then what did you do with the ballots !-A. Put them in a pile. After we tallied then we went to work and tallied the others one at a time.
Q. 34. What did you do with them?-A. When we would call off a ticket we would lay it back on the pile; we kept a pile of tickets. It does not appear to me that they were sorted out like they are now. Six odd tickets should have been mixed, Democrat or Republican tickets together.
Q. 35. How often have you seen the ballot-box since that night ?-A. I might bare seen it, but did not pay any attention to it. I might have seen it under the table there.
Q. 36. Do you recollect whether yon put the tickets back in the box or not?-A. I could not say whether I did or not.
Q. 37. You have no recollection of putting them back, then ?-A. No, sir; I have not.
Q. 37. Who read off the tickets 1-A. I don't know which one of us three did.
Q. 38. What did the others do besides the one who read them -A. I guess that they kept watch that the thing was done straight.
Q. 39. You mean watch of him that was reading them -A. Yes, sir ; I expeet so. Q. 40. Where was the count?-A. They were probably at our box.
Q. 41. How big was the room 1-A. It was rather a small room; I think it was about probably twelve, possibly it may be twelve, feet square ; a small room.
Q. 42. Standing up full 1-A. Quite a good many in the room.
Q. 43. All standing up close around where you were counting ?-A. No, sir; not clone enongh to crowd on to us very mnch.
Q. 44. Did the folks stand up or sit down 1-A. They stood up back of us.
Q. 45. What kind of lock is there on the box ; just a common, cheap lock; one of these cheap locks, is it 1-A. Yes, sir.
Q. 46. Any trouble about the key to unlock it ?-A. I think you could not find a key very easy to unlock it.
Q. 47. Was this in French's harness shop --A. Yes, sir.
Q. 49. Was it under the cutting bench?--A. The cutting bench is on the side of the working-room,
Q. 50. Back room 1-A. Yes, sir.
Q. 52. A kind of convenient place for rubbish; is this where it was kept by French ! A. Yes, sir; I don't know whether that is right or not; only what he said.
Q. 53. You know where the cutting bench is in French's shop -A. Yes, sir.
Q. 54. You were harness-maker and owner of the shop previous to French being there -A. Yes, sir.
Redirect examination : Q. 55. How as to the location of this table in this room; how was it located, next to one side 1-A. Yes, sir.
Q. 56. Did you sit behind the table or to one side of the table ?-A. It is my recollection that we were between the light and the table ; if I recollect right it was in this way; one side of the table was to the wall; we sat around on the other side. Q. 57. Anybody on the other side of the table at all ?-A. No, sir.
Recross-examination : Q. 58. Your recollection is you counted and tallied all the ballots except that one that was counted for nobody in Congress ?-A. That is the way I think it was.