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. 24. Open?-A. Yes, sir; it was open.

Q. 25. Then what did you do with the ballots?-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?-A. I don't know whether we put them back in the box or no*. 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?—A. Yes, sir.

Q. 28. You don't know whether you put them back in the box until they were tallied-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 straight tickets.

Q. 31. You tallied out in three or four or five piles on the table straight Republican tickets?-A. Yes, sir.

Q. 32. Straight Greenback tickets in another?-A. Yes, sir.

Q. 33. Then what did you do with the ballots?-A. Put them in a pile. After we tallied them 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, Demo

crat or Republican tickets together.

Q. 35. How often have you seen the ballot-box since that night?-A. I might have seen it, but did not pay any attention to it. I might have seen it under the tabie there.

Q. 36. Do you recollect whether you 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?-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 expect so.
Q. 40. Where was the count?-A. They were probably at our box.

Q. 41. How big was the room?-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?-A. Quite a good many in the room.

Q. 43. All standing up close around where you were counting?-A. No, sir; not close enough to crowd on to us very much.

Q. 44. Did the folks stand up or sit down 7-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?-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. 48. You used to own this 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?-A. Yes, sir.

Q. 51. Where scraps of leather and one thing and another are thrown?-A. Yes. sir. Q. 52. A kind of convenient place for rubbish; is this where it was kept by FrenchA. 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?-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.

Q. 59. There is no memorandum on your poll-book of one scattering vote being for Frederick, is there ?-A. No, sir; there is not.

Q. 60. Now, if you left it off you certainly would if you did not count it for Ben. Frederick, you would put it on for B. Frederick; is not that the rule?-A. It might have been done.

Q. 61. When the name of any one was on the ticket plainly you put it down?-A. Yes, sir; that is the intention.

Q. 62. When there is no name on at all that ticket is left out of the count?-A. Yes, sir; the poll-book does not show any vote for B. Frederick.

$2.45 paid as fee by contestant.

STATE OF IOWA,

Tama County, 88:

G. W. HESS.

S. W. BERRY, being produced and sworn before L. G. Kinnie, notary public 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; W. H. Stivers, on the part of contestee):

Q. 1. What is your name, age, place of residence, and occupation?—A. S. W. Berry; age, 43; farmer.

Q. 2. What official position did you hold in Spring Creek Township, Tama County? -A. I did hold the office of trustee of the township at the time of the election.

Q. 3. During what time—you held that position in what year ?—A. During the year

'81 and '82.

Q. 4. Were you present as judge of the general election, Nov., 1882, in Spring Creek Township, Tama County, Iowa, at which Wilson and Frederick were voted for for Con gress in the 5th dist.?-A. Yes, sir.

Q. 5. Did you assist this evening in examining the ballots produced here as having been cast at that election and in counting them ?—A. Yes, sir; I looked over to see that it was done.

Q. 6. What is the result ascertained by you and Mr. French and Mr. Hess here tonight; that is, how many ballots did you find for Wilson and how many for Frederick?

(Objection, on the ground that it has not been shown that these ballots are the same as cast for the reason that they have not been safely kept.)

Q. 7. Have you noticed the poll-book to see how the total number of votes as you have counted them this evening, including the ballots for Wilson, Frederick, and Platner, compare with the total number of votes as shown to be polled on the pollbook-A. No, sir; I have not.

Q. 8. What is your opinion as to whether or not these are the same votes cast in Nov., 82, Spring Creek Township, Tama County, Iowa, for member of Congress ?—A. I think that these are the same ballots, to the best of my knowledge.

Q. 9. Explain to us, if you please, how the table was sitting in the room, and whether or not it was so seated that any one but the judges could get in there?-A. The table was sitting middling close to the side of the office, and two of us judges at one end of the table, and one at the side of the table, if I remember right, at the time we counted the votes.

Q. 10. Where were the two clerks with reference to the position of the judges?-A. I am not able to tell.

Q. 11. They were sitting at the table, were they?-A. Yes, sir.

Q. 12. In the counting there do you remember any vote for Congressman that was not counted, but was passed over when you just looked them over on account of the name not being very full or something of that kind?—A. Well, it seems to me-I don't remember exactly-it seems as though there was one for Frederick and I calculated to report it for B. Frederick, but I guess I neglected it.

Q. 13. Did you put ballots back in the box after the counting was finished that night?-A. No, sir.

Q. 14. Do you remember who did?-A. I don't remember whether Mr. Hess or Mr. Wescott-one of the two men put them into the box.

Q. 15. When you left there that evening did the clerks and the judges leave at the same time, do you remember?-A. I cannot say for certain; I think so; I think all left at the same time.

Q. 16. Do you remember the number of votes that were certified to by the county auditor as having been cast for Mr. Frederick and Mr. Wilson ?-A. No, sir; I don't.

Cross-examination:

Q. 17. Mr. Berry, you have no means of telling, only that they resemble the ballots that were voted that day?—A. No, sir; I have no way of telling.

Q. 18. You say that you did not put the ballots in the box?-A. No, sir.

H. Mis. 22- -11

Q. 19. Can you tell who did ?-A. I would not swear who did.

Q. 20. You have no recollection of seeing the men put them in ?—A. No, sir; if I did, I could tell it.

Q. 21. The ballots were all taken from the box before they were opened, were they? -A. Yes, sir.

Q. 22. Unfolded and put on the table in the room A. Yes, sir.

Q. 23. Set there where you took them out, and then the ballots were distributed in piles over the table, some four or five?-A. Three piles.

Q. 24. Not more than three ?-A. No, sir.

Q. 25. The Democratic vote was in one pile ?-A. Yes, sir.

Q. 26. The Republican vote in another pile ?-A. Yes, sir.

Q. 27. Greenback in another?-A. Yes, sir.

Q. 28. What did you do with the others?-A. There were no others.

Q. 29. Well, I mean the scratched ones?-A. I think we put them in another pile. Q. 30. That made four piles ?-A. Yes, sir.

Q. 31. Then what you call straight votes were counted?-A. Yes, sir.

Q. 32. And given to the talliers by numbers not crossed ?—A. Yes, sir.

Q. 33. Laid back on the table?-A. Yes, sir.

Q. 34. Now, after you got through counting the ballots, did you turn to the tally list to see how it came out, you or the other men?-A. No, sir.

Q. 35. What did you do?-A. I was helping unfold tickets.

Q. 36. I mean after you had counted them and tallied, what did you do then ?—A. I don't know that I did anything particular.

Q. 37. Did you stay there?-A. Yes, sir; I was there.

Q. 38. What I want to know is, whether you assisted in counting the ballots, or in anything of that kind?-A. Well, what do you mean?

Q. 39. Whether you assisted in any way?-A. I expect so.

Q. 40. What did you do after this?-A. I am not able to tell you just exactly what I did do.

Q. 41. Somebody you think put them back in the box?-A. I think so.

Q. 42. You don't know who?-A. I cannot say.

Q. 43. Now, from the time you counted the ballots on the table, after you put them on the table and counted them, did you see them until you saw them to-night?-A. I did not see them after they were put in the box.

Q. 44. Answer that first.-A. No, sir.

45. From the time you saw them brought on the table up there, did you see them any more after they were put into the box until you saw them to-night?-A. No, sir; I did not see them.

($2.45 paid as fee by contestant.)

STATE OF IOWA,

Tama County, 88:

S. W. BERRY.

J. M. PUTNAM, being produced and sworn before E. G. Kinnie, 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, W. H. Stivers on the part of contestee):

Q. 1. What is your age, name, place of residence, and occupation?—A. Name, J. M. Putnam; Gladbrook.

Q. 2. Were you present, some time in the latter part of Feb., at Gladbrook, in Tama County, Iowa, when the votes that had been cast at the Nov. election, '82, in said township, county, and State for Representative in Congress were counted in the presence of Mr. French and Mr. Stone?-A. Yes, sir.

Q. 3. Can you tell what day of the month that was, or day of the week?—A. I cannot tell; I think Friday or Saturday of last week.

Q. 4. Well, at the time of that count did you keep tally of the count?-A. Yes, sir. Q. 5. What was the result; how many did Frederick have, and how many did Wilson?

(Objection, because there is no evidence that those are the ballots that were cast, not having been carefully preserved, &c. The count was not made under oath.) A. 101 for Wilson; 98 for Frederick.

Q. 6. Whreabouts was this count had; where did it take place?-A. At Mr. French's harness store.

Q. 7. Did you handle any of the votes-you or Mr. Stone-at all?—A. No, sir. Q. 8. Who called them off?-A. Mr. French.

Q. 9. Where did he get them?-A. He got them out of the ballot-box.

Q. 10. This same box produced here to-night?-A. I think so.

Q. 11. Did you look at those ballots as they were being counted here to-night ?—A. I looked at them.

Q. 12. Were they the same ballots counted there that day?-A. Yes; they were, I think.

Cross-examination:

Q. 13. What do you form your opinion from?-A. They look like the same ballots. Q. 14. What did you do at the time of the count?-A. I just said that I tallied. Q. 15. Did you see the ballots by tallying?-A. I will tell you-let me see-wait a minute. I am not sure now whether I tallied or whether Mr. Stone tallied. I cannot be positive whether I tallied or not.

Q. 16. You did not keep count?-A. I said that because of these――

Q. 17. Answer yes or no. Do you know whether you kept any count?-A. Yes, sir; I have a count here I took myself.

Q. 18. Took at the time of the tally?-A. Yes, sir.

Q. 19. Did you tally?-A. I say I won't be sure whether I tallied or not.

Q. 20. Then how did you keep count ?-A. If I did not keep count myself I took a count from Mr. Stone's book.

Q. 21. I ask you whether you know anything about it, only what Mr. Stone told you?-A. Just let me think a minute.

Q. 22. I am not hindering you from thinking.-A. I give it up. I do not know whether I tallied or not.

Q. 24. You don't know whether you tallied or not?-A. I think so.

Q. 25. You saw them?-A. Yes, sir, I saw them.

Q. 26. You examined them?-A. I did not take hold of them. I looked over them; I did not compare them. I simply looked over them as we ran them off, to see whether for Frederick or Wilson.

Q. 27. All that you know about it is what Mr. Stone told you?-A. I took it from Mr. Stone's tallying.

Q. 28. You copied from Stone's tallying, of course, alone?-A. I took it from his. Q. 29. Do you know anything more about the result except what Stone told you? -A. I presume not.

Q. 30. How came you to go there to look ?-A. Mr. Stone requested me to go with him.

Q. 31. He is the gentleman from Marshalltown; what does he do up there; what is his given name?-A. I don't know that I can give it to you.

Q. 32. Was he a stranger to you?-A. Yes, sir.

Q. 33. You don't know his name or what he follows?-A. Yes, sir; he was a rightof-way-man for a R'y Co.

Q. 34. He came there to see you to get you to come to see the votes counted?—A. I don't know that he came expressly to see me. Yes, sir, he came into my store; asked me to go with him to French's; he wanted somebody to see the votes counted."

Q. 35. This right-of-way man wanted to see the votes counted. Did they count them when you were present?-A. French counted the votes.

Q. 36. He wanted you to be present when the votes were counted?-A. Yes, sir. Q. 37. You were quite an active Frederick man in the canvass ?-A. No, sir; not active, but a man.

Q. 39. You were an active man in the canvass?-A. No, sir; not very.

Q. 40. What men were active in the canvass?-A. I don't know any of them.

Q. 41. Were you active ?—A. I have answered that question; I don't have to answer it.

Q. 42. What part did you take in the election for Mr. Frederick?-A. What part did I take?

Q. 43. Yes, sir.-A. I walked down and voted.

Q. 44. Is that all?-A. Yes, sir; that is all.

Q. 45. You did not take any part in drumming up votes?-A. If I expressed myself, I expressed myself in favor of Frederick.

Q. 46. You say you did not answer that question as to whether you took an active part in drumming up votes?-A. I say I did not take a very active part.

Q. 47. Did you then take a part in drumming-in drumming up votes for Frederick at the polls?—A. No, sir; I didn't at the polls; I did not say I was at the polls but once; I presume I voted; I am pretty sure I voted; I can not answer that positively.

Q. 48. Now, when you were up there, you and this right-of-way man went up to count these votes, where did you find Mr. French ?-A. In his harness store.

Q. 49. In his store?-A. Yes, sir.

Q. 50. Where is that, in connection with the shop?-A. In the same building.
Q. 51. In the same room?-A. Yes, sir.

Q. 52. About what size was that front room?-A. Well, I don't exactly know.

Q. 53. What do you judge?-A. Probably 20 x 30; I don't know, though.

Q. 54. Well, when you found him, where did you go?-A. We stayed right there.

Q. 55. You stayed in the front room -A. Well, we were in both rooms.

Q. 56. You say you found him in the front room?-A. We stayed in the store after that; back in the back part of the store is where we did the work.

Q. 57. In his harness shop?-A. Yes, sir.

Q. 58. Who found the ballot-box ?-A. Mr. French and Mr. Stone, before Mr. French

left.

Q. 59. Where was that ?-A. He told me

Q. 60. I did not ask you what he told you. Where did he find it?-A. I don't know where in thunder he found it; I have his word for it.

Q. 61. Did you go into the back room with him ?-A. Yes, sir.

Q. 62. Stone go too?-A. Yes, sir.

Q. 63. How big is this room?-A. 12 x 20, probably.

Q. 64. Back door?-A. I don't know whether or not.

Q. 65. How long had you been there when Mr. French found the ballot-box in the back room?-A. Probably half an hour, though I will not be positive about it.

Q. 66. Was French there all the time this half hour?-A. No, sir; he had gone out to find the ballot-box.

Q. 67. He went out somewhere and found the ballot-box ?-A. Yes, sir.

Q. 68. Then it was not under the cutting-bench-A. No, sir.

Q. 69. Was he gone half an hour hunting the ballot-box?—A. I should judge.

Q. 70. When he came back he brought this ballot-box with him; you and Stone and he counted the ballots. Did not get it there in his room at all?-A. I think not. Q. 71. Who unlocked it, or was it locked?-A. Well, I don't know who unlocked it; I am sure I did not.

Q. 72. Did you see anybody unlock the box?-A. I cannot answer that question. Q. 73. You have no recollection of seeing anybody unlock the box?-A. I don't know that I noticed; I don't suppose that I did.

Q. 74. Did he bring it under his arm ?-A. I dont know whether under his arm.
Q. 75. What did he do with it?-A. Set it on the table.

Q. 76. On the counting table?-A. I suppose so.

Q. 77. Who opened it ?—A. Mr. French did.

Q. 78. French opened the box?-A. Yes, sir.

Q. 80. How did he do it ?-A. I cannot tell for the life of me; I suppose he lifted the lid.

Q. 82. Take them all out, laying them on the table?-A. Yes, sir; took them all

out.

Q. 83. Then what did you do when you had all of the ballots out of the box onto the table?-A. French counted; run through them.

Q. 84. French laid them on the table?-A. Yes, sir.

Q. 85. Mr. Stone, you said, tallied?--A. I think so.

Q. 86. You looked on ?-A. Yes, sir; I think so.

Q. 87. Looked at the tallying or the counting ?-A. At the tickets.

Q. 88. When they were counted?-A. Yes, sir. ($2.45 paid as fee by contestant.)

STATE OF IOWA,

Tama County, 88:

JAS. M. PUTNAM.

I, Eldon Moran, a notary public and commissioner agreed upon by the parties to take testimony in this cause in pursuance of the annexed agreement attached to the testimony of J. L. Adams, whose testimony was taken Feb. 22, 1883, do truly certify that on the 6th day of March A. D. 1883, in pursuance of the notice hereunto annexed, I took the deposition of the following-named witnesses: Benj. Thompson, E. G. Penrose Thos. L. Williamson, Benj. Thompson (recalled), A. W. Guernsey, W. T. Hallen, Silas Sears, Charles A. Wilson, C. Cunningham, Thos. Williamson (recalled), John Fife, H. Day, A. S. McFerren, James Sanborn, E. L. Fish, C. W. Birdsall, O. E. Parks, R. L. Swain, N. Pisher, A. J. Dingee, Silas Sears (recalled), G. R. McIntyre, Chas. French, G. W. Hess, S. W. Berry, J. M. Putnam, whose testimony is set forth herein in the following manner:

Each witness was first sworn by me duly, or caused to be sworn, in my presence, as provided by law, and when sworn, the questions were propounded to him by the respective parties, Benj. T. Frederick, contestant, and James Wilson, contestee, by their respective attorneys, and the question by me read to the witness who answered the same, and his answer in the language of the witness was by me taken down under each question propounded, and reduced to writing until the deposition was completed. I further certify that when the testimony of each witness was taken, I carefully read the same over to the witness, who corrected the same, and each correction noted and said testimony was then signed by the witness and sworn to by him before me. I further certify that T. Brown & Carney appeared as counsel for the contestant, Benj. T. Frederick and W. H. Stivers appeared as counsel for James Wilson, contestee.