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Cross-examination:

Q. 28. Is your box so that if turned up on one end the lock will allow it to open ?— A. Yes, sir.

Q. 29. Where was the safe?—A. In the back part of the building.

Q. 30. Was that back of the counter inside -A. The bank part of it is in two separate rooms; the first part of the office as you come in is where the safe is kept, and there is a back sitting room; this ballot-box, I think, most of the time was kept in that room.

Q. 31. That was on the back side of the counter?-A. Yes, sir; it was.

Q. 32. You simply know that you did not take care of the ballots yourself?-A. No, sir; I did not.

Q. 33. You did not say anybody had it?-A. No, sir.

Q. 34. You say the ballot-box could have been opened?-A. Yes, sir.

Q. 35. Did you make a canvass that night?-A. No, sir; I just kept tally.

Q. 36. Did you keep tally correctly?-A. Yes, sir.

Q. 37. Were you particular about it?—A. Yes, sir.

Q. 38. One of the judges handed out the tickets, and one of them counted them off? -A. Yes, sir.

Q. 39. In the presence of all three?-A. Yes, sir.

Q. 40. Did they all examine them?-A. No, sir, I think not; I think that Mr. Taplin unfolded them in tallies of 5 each, and handed them to Mr. and called them off.

Q. 41. Did you make out certificates at the end of the tally-book ?-A. No, sir; not in this thing. The one that I made out went to Toledo.

Q. 42. For aught you know?-A. Yes, sir.

Q. 43. The ballots may have been changed?-A. Yes, sir; for aught I know.

Q. 44. The key hung up in the office?-A. Yes, sir; the key hung up in the room where the safe was.

Q. 45. You say if you turn the box up on one end you need no key?—A. Yes, sir; that is a fact.

Redirect examination:

Q. 46. Is that place where the ballot-box was kept where everybody went, or nobody besides you and Stevens?-A. Yes, sir; this is about all the people that were allowed in there.

Q. 47. You did not allow everybody in your money drawer?-A. No, sir.

Q. 48. It was not kept where anybody had access to it besides Mr. Stevens ?-A. no, sir.

Q. 49. Mr. Stevens is a banker there and a reputable man ?-A. Yes, sir.

Q. 50. What office has he held?-A. He was clerk of the courts.

Q. 51. Nobody else besides Mr. Stevens and yourself?-A. No, sir; I don't think of anybody else besides my wife. I do not think she did anything of that kind. ($2.00 paid as fee by contestant.)

STATE OF IOWA,

Marshall County, 88:

C. A. STEVENS.

A. B. TAPLIN, being produced and sworn before me, J. H. Bradley, a notary public in and for Marshall County, on this 10th day of March, A. D. 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and J. H. Bradley on the part of eontestee):

Q. 1. What is your name, age, and place of residence, and occupation?-A. My name is A. B. Taplin; age, 54; and I live in Montour.

Q.2. Were you one of the judges of the election held in Indian Village Township in November, 1882 ?-A. Yes, sir; I was one of the judges.

Q.3. State what time these votes were counted?-A. We commenced to count votes I think, about half past seven o'clock in the evening.

Q.4. What kind of light did you have?-A. We had kerosene lamps; three of them, I think.

Q.5. Who were the other officers ?-A. James Miiles, Fred Hotchkiss, and myself were all. Chas. Stevens was clerk; Wm. Thomas was the other, I think. That is my recollection.

Q. 6. You may state how you counted the votes, whether in fives or not?-A. Well, I took the votes out of the box very carefully and passed them to Hotchkiss; another judge read them through, and they were tallied, of course.

Q. 7. How old a man is Mr. Hotchkiss?-A. 35 or 36; somewhere along there. Q. 8. Have you assisted in the recount to-day ?-A. Yes, sir; I have assisted in taking the return of the number of votes, also in tallying the names.

Q. 9. How many ballots did you find in the box to-day for the office of Representative in Congress-how many for each man?—A. I think it all foots up to 243.

Q. 10. That is all the votes in the box?-A. Yes, sir; 121 we found it to-day for Mr. Wilson, 108 for Frederick, 6 for Platner; 8 have no Representative on at all. Q. 11. Are two of these tickets such tickets as might have come off from other tickets?-A. Yes, sir; it looks as though there might be two of them that might have come off.

Q. 12. Was the township ticket written or penciled on ?-A. Yes, sir; a good many

of them.

Q. 13. They might have come off in the boxes?-A. Yes, sir; it is possible they might.

Q. 14. Yet you have no recollection of any one voting township ticket without anything else?-A. I had no other way of kunowing.

Q. 15. From the appearance of these two extra ballots, or rather township tickets, what is your judgment as to their having been attached to other tickets?—A. One of them, I am sure, was attached; as to the other I am not so certain.

Q. 16. Then really only 242 votes were found in the box, if there is over 241 ?—A. I would say not.

Q. 17. Did you count the tickets over more than once at the election ?-A. No, sir; to my recollection I would not.

Q. 18. There were a good many tickets in the box with the name of Frederick written on them, were there not, and you found such at the election ?-A. Yes, sir.

Q. It being in the night time when you counted, what do you say as to the possibility of your making an error in counting the ballots?-A. I will admit that I might make an error now, or either I was careful; I kept close to the light.

Q. 21. Did you wear glasses on that night?-A. Yes, sir; I did wear glasses.

Q. 22. You have made no error in the count to-day, have you?-A. No, sir; I do not know that I have. I do not know that I had then either.

Q. 23. How many times did you count the votes to-day ?-A. I have seen them counted twice; tallying after the cail was made.

Cross-examination:

Q. You took as much as ordinary care to make a correct canvass, did you not?— A. Yes, sir; I did.

Q. 26. And it may be that the count to-day is right?-A. Yes, it might be.

Q. 27. Well, might it not be now, considering the scratches on the ballots, that the count is right to-day, and was right on that night, and there have been no changes?— A. It might be, sir; I do not know anything about that.

Q. 28. You could not tell from the examination of the tickets whether scratches were made then or since then?-A. No, sir.

Q. 29. Well, as to the probability of your canvassing rightly, you mean to say simply that there was a possibility of an error?-A. Yes, sir; there was a possibility of

an error.

Q. 30. You do not mean to say a probability?-A. No, sir; only a possibility.

Q. 31. You mean to say you feel pretty certain it was right?-A. Yes, sir; I felt so

all the time.

Q. 32. And you still feel so?-A. Yes, sir.

Q. 32 K. These two ballots, if you please; I would like to have you take these two ballots out and let us see them. I now refer to the ballots to which I believe there are no State tickets attached.

(Witness here produces the same.)

These tickets, now, which you say it would be possible to become attachedyou think, do you, that it would have been possible for either of them to become attached to another in the box?-A. In case of one I do not see anything to indicate that it could have been attached.

off.

Q. 34. Did you observe any paste or pen-work?-A. No, sir.

Q. 35. The other ticket is all in writing or in printing ?-A. Yes, sir.

Q. 36. Did you observe any paste on that one?-A. Yes, sir; there is some that came

Q. 37. Both are simply township tickets?-A. Yes, sir.

Redirect:

Q. 38. That may have been folded into another ticket, may it not?-A. I do not know at that time-it could have been, of course.

Q. 39. You are not so certain but there was a possibility of a mistake in that elec tion, and that in the count of the votes the clerks might have made an error in the tallying? A. Yes, sir; there is a possibility of error in almost anything that might be done.

Q. 40. The clerks might have made an error, although you might have called them right? A. Yes, sir; that might be.

Q. 41. You would be as likely to place it in that direction as in any other?-A. I would hardly know where to put it."

Q. 42. It is not uncommon that errors are made in the tally, is it? There are discrepancies between the two clerks frequently?-A. Yes, sir; there is a discrepancy sometimes of one tally; I have seen that at different times; although I did not notice that one there.

Recross-examination:

Q. 43. Did you count the ballots before you commenced the canvass, after the election, to see whether the number of ballots agreed with the number of voters?—A. No, sir; I do not think that we did. I think that we went to work on them counting them out by fives. A. B. TAPLIN.

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Depositions of witnesses produced before me, Eldon Moran, a notary public and commissioner agreed upon to take testimony, and duly sworn before G. W. Burnham, a notary public for Tama County, Iowa, on this 5th day of May, 1883. In pursuance of the notice hereunto attached, in a proceeding pending before the House of Representatives of the United States of America, in a contested election for the office of Representative in Congress, in which proceeding Benj. T. Frederick is contestant, and James Wilson contestee, the following testimony was taken:

STATE OF IOWA,

Tama County, 88:

ARTHUR NELSON, being produced and sworn before O. H. Mills, notary public for Tama County, on this 5th day of May, 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 reside?—A. At Potter, Tama County, Iowa.

Q. 2. How long have you resided there?-A. 16 months.

Q. 3. Did you know Thomas McGuire ?-A. Yes, sir; I do.

Q. 4. How long have you known him?-A. Personally, about two and one-half years; by sight, about three years.

Q. 5. Where did he live during that time?-A. A part of the time at Potter; part of the time at Fayette County

Q. 6. How long did he live in Potter?-A. I think he was there about 6 months; he came in May and went away about the first of October; he was discharged; he didn't go away until about the iniddle of October; I think he was discharged the 2d day of October; it was the day the circus was here; that is the way I remember the day.

Q. 7. In 18827-A. Yes, sir.

Q. 8. Was he here at the November election, 1882?-A. Yes, sir.

Q. 9. He voted at the election, did he?-A. I cannot say.

Q. 10. Where did he board?-A. At the section-house until he was discharged; then he boarded with Mr. Hixon.

Q. 11. Had he been here in Tama County over 6 months at the time of the election?-A. He came here in May; you can count.

Q. 12. He came here about the first of May ?-A. Yes, sir.

Q. 13. How long have you known him to be in the State?-A. Three years, except 6 weeks; he went back to Wisconsin to visit.

Q. 14. Did you know of his being a voter in this State?-A. I have known him to vote two different times; he voted with me once; we polled our votes side by side. Q. 15. Where was that?-A. In Fayette County.

Cross-examination:

Q. 16. What did he do?-A. He worked on the railroad.

Q. 17. What work?-A. Section hand.

Q. 18. How long have you been in the county working as section hand ?—A. I came here the 7th of January, a year ago.

Q. 19. Jan. 1882-A. Yes, sir; 1882.

Q. 20. From where?-A. I came from Marion here.

Q. 21. How long had you been in Marion ?-A. Not very long; I don't know exactly.

Q. 22. Well, how long?-A. Two or three months, maybe.

Q. 23. From where did you come to Marion?-A. From Tama County.

Q. 24. What part of it ?-A. From the town of Randalia.

Q. 25. How long did you live at Randali?-A. Nine months.

Q. 26. From where did you come to Randalia ?-A. Hazleton, Buchanan County.

Q. 27. What is your age?-A. Twenty-four years.

Q. 28. You were at Marion, what were you doing there?-A. Working for the com

pany.

Q. 29. For the Milwaukee R. R. Co?-A. Yes, sir.

Q. 30. How long have you been working for them?-A. Sixteen or eighteen months. Q. 31. Where did you commence working for them?-A. In Marion.

Q. 32. How came you to go to Potter ?-A. To work.

Q. 33. The company sent you up there to work?-A. Yes, sir.

Q. 34. Do you go wherever the company sends you?-A. Yes, sir; when I am pleased with the position.

Q. 35. You have been doing that wherever the company commands you to go?—A. Yes, sir.

Q. 36. Did the company give you any time, any length of time, to work at Potter?A. No, sir.

Q. 37. Did you expect to go wherever they send you?-A. They told me they would give me work at Potter.

Q. 38. You expected to work there as long as they wanted you?-A. Yes, sir.

Q. 39. What did you expect to do then?-A. The next best thing.

Q. 40. Did you go wherever they wanted you to?—A. Yes, sir; wherever I wanted to work for them.

Q. 41. You did'nt go to Potter to stay any time?-A. No, sir.

Q. 42. Just as long as they wanted you to work?-A. Yes, sir.

Q. 43. The man McGuire you say you knew in Fayette County ?-A. Yes, sir.

Q. 44. When did you know him there?-A. I knew him there in 1881.

Q. 45. What time of year you referred to in 1881-A. It was in the winter '80 and '81. Q. 46. 6 months prior to January '81 you were not referring were you?-A. No, sir. Q. 47. How long was it, please, before '82, was it 6 months?-A. Hardly that long. Q. 48. How long was it then?-A. Well, I think it was in August or September I

went to Marion.

Q. 49. 1881?-A. No, sir, '82; hold on; I will tell you in a minute; it was in '81, in Aug. or Sept.

Q. 50. Tell us again when you knew this man McGuire in Fayette?-A. In the winter of '80 and '81, some time along during the winter.

Q. 51. When did you first become acquainted with him?-A. Later than that, when I first became acquainted with him.

Q. 52. When did you become personally acquainted with that man McGuire ?—A. in March some time.

Q. 53. In '81?-A. Yes, sir.

Q. 54. You lived in Fayette in Aug. or Sep., '817-A. Yes, sir.

Q. 55. Have you been back to Montour since ?-A. No, sir.

Q. 56. Were you not acquainted with McGuire before '81-A. Not personally; I knew the man when I saw him; I had seen him at different times; I had been out at different places where they were and met this man.

Q. 57. Previous to March '81 your acquaintance with him was as a section hand on the R'y -A. Yes, sir.

Q. 58. You became personally acquainted with him in March, 1881 ?-A. Yes. sir, Q. 59. Are you not mistaken about that?-A. No, sir; I think not.

Q. 60. When did you come to Potter?-A. Along about the first of May.

Q. 61. What year?-A. In '82.

Q. 62. Was he with you when you went from Marion to Potter?—A. No, sir.

Q. 63. How long before or after you were there did he come to Potter?-A. I came to Potter in January, he came in May.

Q. 64. As a section hand on the road?-A. Yes, sir.

Q. 65. And stayed there until they discharged him?-A. He became foreman after he was there a while. He agreed to stay until they discharged him.

Q. 66. When they discharged him he went away again?-A. Yes, sir.

Q. 67. The same with the rest of the hands and with you?-A. Yes, sir; I never was discharged, though.

Q. 68. You staid just as long as you got employment?-A. No, sir.

I

Q. 69. You lived in Fayette County in August or September, 1881. When was it you first knew of him?-A. I will tell you, just give me time, that is what I ask you. cannot give the day; it was a special election called in Fayette County in regard to moving the jail.

Q. 70. That is the only time?-A. No, sir; I voted with him at an election along about

Q. 71. The question was about the jail?-A. Yes, sir; in regard to building a jail.
Q. 72. Where was the next election you voted with him?-A. It was between March
and Angus. I only voted with him once. I saw him before that day.
Q. 73. He lived in Fayette then ?-A. Yes, sir; in Fayette County.

Q. 75. In what precinct did you vote at this special election-whereabouts did you vote?-A. At Randall.

Q. 76. That was on the railway?-A. Yes, sir; but not on the Milwaukee railway.
Q. 77. You were just a section hand then?-A. Yes, sir.

Q. 79. So long as the company sees fit to keep you you will stay?-A. Yes, sir.
Q. 80. Is that the way with McGuire?-A. Yes, sir; I presume so.

Redirect:

Q. 81. Are you a Republican ?-A. Yes, sir.

($1.35 paid as fee by contestant.)

STATE OF IOWA,

Tama County, 88:

ARTHUR NELSON.

JAMES DAVIS, being produced and sworn before M. P. Mills, a notary public for Tama County, on the 5th day of May, A. D. 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and H. P. Mills on part of contestee):

Q. 1. Are you acquainted with Mr. Thomas McGuire ?-A. I am, sir.

It

Q. 2. How long have you known him?-A. I have known him about three months. Q. 3. What time did you know him?-A. Well, I don't know what time it was. was along about August I went to work there.

Q. 4. You first knew him in August?-A. Yes, sir.

Q. 5 You saw him on the section previous to that?-A. Yes, sir; I worked right along on the farm, right by the section, where I could see him every morning. I was not acquainted with him.

Q. 6. How long did you see him?-A. Well, I worked under him there three months on the section.

Q. 7. You remember the first time you saw him?-A. Yes, sir.

Q. 8. Some time in the early part of summer or spring?-A. Yes, sir; I had seen him, although, many times before, but I did not know him at the time.

Q. 9. You did not know him personally?-A. No, sir.

Q. 10. You knew him afterwards?-A. Yes, sir.

Q. 12. Voted, did he ?-A. Yes, sir.

Q. 13. You have known him for more than 60 days in Tama County, have you not?-A. I had seen him there for more than 60 days.

Q. 14. Was that the township in which he voted?-A. Yes, sir.

Cross-examination:

Q. 15. When was the first time you recollect seeing him?-A. That I cannot tell you.

Q. 16. How do you know it was more than 60 days?-A. Because I had been there more than three months.

Q. 17. Tell us the first time you recollect of seeing him?-A. I cannot tell you. Q. 18. Well, tell us the first time you recollect of seeing him.-A. It was long about the 1st of August that I recollect of seeing him.

Q. 19. Along about the 1st of August?-A. Yes, sir.

Q. 20. Where was it?-A. Right on the railway side of Potter.

Q. 21. Was he a single man?-A. Yes, sir.

Q. 22. How do you know?-A. He said he was a single man.

He boarded with me.

Q. 23. Is that the only way that you knew that he was a single man?-A. Yes, sir. Q. 24. Did you know that he had a family living in Wisconsin?-A. No, sir.

Q. 25. Do you know where he came from to Potter?-A. No, sir. He said he was a Hawkeye.

Q. 26. This fellow told you that he came from Hawkeye?-A. McGuire told me that he came from Hawkeye. He worked a section in Hawkeye.

Q. 27. You don't know whether or not he was a man of a family?-A. No, sir. Q. 28. How did he tell you that he was a single man?-A. He did not tell me any more than the rest of them.

Q. 28. Where was it?-A. In the section-house at Potter.

Q. 29. Tell us what he told you ?—A. I cannot tell you any more than that he said he did not have a family; said that he was a single man, also that he wanted to get married.

Q. 30. How long after you knew him did he tell you that?-A. About a month or six weeks.

Q. 31. Staid there how low long after the election?-A. I don't know how long. Q. 32. Don't you konw he went away the next day?-A. Well, he went away the next day or night to stay away. He was back and forth there some time.

Q. 33. He went away the next day after the election, did he not?-A. I don't know whether or not.

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