Q. 86. You don't know what township it is in?-A. No, sir.

Q. 87. And whether it is in this one or not?-A. No, sir; I don't think it is in this one, unless it is a pretty long township.

Q. 88. Do you know where Tom Morgan went home during the time he was hereany part of the time?-A. No, sir; I don't think he did.

Q. 89. What makes you think so?-A. Because I think I ought to know.

Q. 90. Because he boarded with you?-A. Yes, sir.

Q.91. Was he not visiting some of the time?-A. No, sir; not to my knowledge; and I ought to know if he was absent. He was always there at meal times. (83.75 paid as fee by contestant.)

STATE OF IOWA,

Tama County, 88:

JAMES MCLAUGHLIN.

HENRY VANDERLIP, being produced and sworn before O. H. Mills, a 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, W. H. Stivers on the part of contestee):

Q. 1. Where do you reside?-A. Tama City.

Q. 2. What is your occupation?-A. I am a druggist.

Q. 3. Do you know Thomas Caffery -A. Yes, sir; I do.

Q. 4. You may say if you heard him say for whom he voted in the Nov. election, '82-A. Yes, sir; I did.

Q. 5. For whom was it?-A. James Wilson.

Q. 6. What others were present at the time ?-A. I heard him say the same thing twice. Once on the day of the election, that he had already voted for Wilson. He told me that he had, that the testimony was taken down here some time ago, in the presence of J. B. Waltermult, that be had also voted for Wilson.

Cross-examination:

Q. 7. You say that he said that the testimony was taken down here ?-A. Yes, sir. Q. 8. He said on the stand that he had testified that he voted for Frederick ?—A. Yes, sir.

Q. 9. Before or after that?-A. It was before that.

Q. 10. Were you asking him about it?-A. The way was this: I went to him on the day of the election

Q. 11. Well, wait a minute please. How did this come up that day, that this testimony was taken ?-A. I was in there, and I saw him come in, and I said to him, "Are you subpoenaed, Tom?" (I knew which side of the testimony was taken that day.) Said I, "Did you not tell me you voted for Wilson?" He replied, "Yes, sir; I did." "Then," said I, "they have got a hold of the wrong man."

Q. Well, plenty of them will talk one thing and swear another.

Redirect:

Q. 13. How did the conversation arise on the day of the election ?-A. I went to him to electioneer. He said, "I have already voted." I said, "All right; if it is a fair question, for whom did you vote?" He said, "I have voted for Wilson."

Recross-examination:

Q. 14. You say you went to him to electioneer for Frederick?-A. Yes, sir; and he said he had already voted for Wilson.

Q. 15. You found a good many of that kind?-A. Yes, sir. (8.5 paid as fee by contestant.)

STATE OF IOWA,

Tama County, 88:

H. VANDERLIP.

I, Eldon Moran, a notary public, and commissioner agreed upon 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 5th day of May, in pursuance of the notice hereunto annexed, I took the depositions of the following witnesses: Arthur Nelson, James Davis, James L. McGee, Jason H. Thurston, John H. Shelton, A. Nelson (recalled), J. H. Smith, James McLaughlin, Wm. Blodgett, Henry Vaderlip, whose testimony is set forth in the following manner:

Each witness was by me duly sworn 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 att'ys, and the same by me read to the witness, who answered the same, and his answer by me, in the language of the witness, taken down under each question propounded, and reduced to writing. till 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 the contestee, James Wilson.

In witness whereof I have set my hand and seal notarially this 5th day of May, 1883.

Deposition of witnesses produced before me, Eldon Moran, a notary public and commissioner agreed upon to take testimony, and duly sworn before me, a notary public for Johnson County, Iowa, on this 2nd day of May, 1883, at Iowa City. 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 (Brown and Carney for contestant, and Milton Remley for contestee, the following testimony was taken before me):

STATE OF IOWA,

Johnson County, 88:

L. A. ALLEN, being produced and sworn before me, Eldon Moran, notary public for Johnson County, on this 2nd day of May, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant and Milton Remley on the part of contestee):

(Contestee objects to the witness on the ground that proper notice has not been given.)

Q. 1. You may state if you were clerk of the election, north precinct of Iowa City.-A. Yes, sir.

(Wilson asks privilege of rebutting evidence of this testimony; privilege not granted.)

Q. 2. You may state if you have the ballot-box of the north precinct of Iowa City in your possession.-A. Yes, sir.

Q. 3. Does it contain the same ballots cast in the November election of 1882?—A. Yes, sir.

Q. 4. Has it been open since the election ?-A. Yes, sir.

Q. 5. In whose presence was it opened?-A. It has been opened in my presence several times.

Q. 6. Have any of the ballots been changed?-A. I cannot tell.

Q. 7. Have they been changed to your knowledge?-A. No, sir.

Q. 8. Could anybody have had the opportunity to change them while it was opened, or when any of the officers of the election were there?-A. Mr. Ricord and Mr. Fyfe examined them in my presence. I opened the ballot-box for them; I was busy about the store, and left them.

Q. 9. Were they Republicans?-A. Yes, sir.

Q. 10. You may open the box.

(Contestee objects, for the reason that it is not proper to examine him before the box is open.)

(Remley asks witness a question about it.)

Q. 11. Where has the ballot-box been?

(Brown objects; "You need not answer the question." Contestant is through with the witness. No answer to the question.)

Q. 12. Do you refuse to anwer the question?

BROWN. I will ask you where the books have been kept?

(Contestee insists upon a cross-examination of the witness before the ballot-box is opened. "When I see by the witness that the ballot-box has not been in his custody all the time, that it has been kept where other parties have had access to it, and that

when I make objection we claim as a right to make a preliminary examination of the witness." To which the contestant objects, and counsels the witness not to answer. Also objection because it has already been developed that other parties have changed them, the ballots; also with the integrity of the ballot-box is not shown to have existed; for the further reason that it is not competent, immaterial, and not proper rebuttal.) Q. 13. Where did you keep the box?-A. In my house, in the secretary.

Q. 14. Has it been locked ?—A. Yes, sir.

Q. 15. You believe that it has been kept safely, and that it contains the same ballots -A. Yes, sir.

Q. 16. Where no one but Republicans could have access to it?-A. Yes, sir; I think they have.

Q. 17. Were you present when the box has been opened?—A. Yes, sir; probably when it was open. I do not know that I stayed there all the time.

Q. 18. You may now open the box and examine the ballots in the presence of the trustees.

(Contestee objects, for the reason that it has not been shown that these are the identical ballots cast in the Nove:ber election; also, that it is not shown that these are the identical ballots originally cast; that the ballot-box has been so far preserved that its integrity of the ballot-box has not been tampered with.)

(Witness proceeds, in the presence of the judges of the election, to examine the ballot-box.)

Brown:

Q. 19. You may state if any tickets are there with the name of Frederick scratched off and the name of Wilson written in.

(Objection, for the reason that a copy of the notice given says nothing about the judges of the election being examined as a witness.)

(Commissioner, by the request of the parties, makes a tally of the votes. Tally shows a number of ballots with Frederick's name crossed out and Wilson's name written in-total, 23.)

L. A. ALLEN continued:

Q. 20. Now, take off one of these scratched tickets and present it to the commissioner.

WILSON. Send all 23 along if you wish.

BROWN. Yes, sir; to see if they are all in the same handwriting.

REMLEY. As a matter of fact, it can't be done, because they are not all in the same handwriting.

Q. 21. I will ask you, Mr. Allen, if you know the handwriting of this ticket presented?-A. No, sir.

Q. 22. How many of these tickets in the same handwriting?

(Objection, immaterial and not proper, not shown that he is an expert in handwriting.)

Q. 23. You write some and see people write?-A. Yes, sir.

Q. 24. You are acquainted generally with handwriting?-A. Yes, sir, some; I don't consider myself an expert in that.

Q. 25. State how many appear to be in the same handwriting that have the name of Wilson written in.-A. I should say that they are all written in the same handwriting.

Q. 26. I will ask you if all these tickets that have James Wilson's name on were voted at the election?-A. To the best of my judgment they are all written in the same hand.

Q. 27. Well, now, do you remember whether such tickets were voted at the election? -A. Yes, sir; I do when I first saw them; I should say-well, I don't know what is best for me to state. I am township clerk of Iowa City Township; I wasn't clerk of the north township. Of course I could not swear that these tickets were put in the box; it was brought to me locked up.

(Contestee objects to the same testimony, for the reason that notice wasn't given, and for the reason that it is an improper question, since he wasn't clerk of that election and can't answer the question properly.)

Q. 2. You are the custodian of that ballot-box?-A. Yes, sir; have been ever since the election.

Q. 29. It was brought to you locked and sealed?-A. Yes, sir.

Q. 30. Who by ?-A. Mr. Pisha, judge of the election.

Q. 31. Where do you live?-A. In Iowa City.

Q. 32. What part of the town?-A. On Burlington street.

Q. 33. What precinct-A. South precinct.

Q. 34. You were not clerk of the election in north precinct?-A. No, sir.

Q. 35. When did this ballot-box first come into your hands?-A. The morning after the election.

Q. 36. Where has it been ever since?-A. It has been in my secretary at home; also under the counter at the store.

Q. 37. How long was it under the counter at the store ?-A. Two months.

Q. 38. What kind of a store is it?-A. Auction store.

Q. 39. Where is that auction store ?-A. On the corner of Clinton and College

streets.

Q. 40. Is that where the ballots have been ?-A. Yes, sir; in this box.

Q. 41. For the last two months?-A. Well, sir, a month and a half.

Q. 42. What kind of a building was it?-A. Well, wooden and frame building. An old building?-A. Yes, sir.

Q. 43.

Q. 44.

How many doors has it?-A. One outside door.

Q. 45. What kind of a lock on that door?-A. A good, heavy lock.

Q. 46. Isn't there another door? How many doors inside?-A. One.

Q. 47. Isn't there a door at the stairway?-A. It is nailed up.

Q. 48. Isn't there an entrance back?-A. No, sir.

Q. 49. How many windows?-A. The back part of the building is occupied, and all boarded up 12 or 14 feet. There is a door with an entrance into that, but no communication with that from above; also, there is a window on the side of it about 25 feet back.

Q. 50. What kind of a window is it; is it one that is easy to raise ?-A. Yes, sir; but it is nailed down.

Q. 51. Now, who has occupied that store with you?-A. Starkey.

Q. 52. No workmen in there?—A. No, sir.

Q. 53. Was it the ballot-box down on Washington street? A. Yes, sir.

Q. 54. How long was it there?-A. Probably 6 weeks; may be not so long.

Q. 55. Around this store there is a great number of people all the time? A. Yes, sir. Q. 56. You even have auction on that street?-A. Yes, sir.

Q. 57. Then is your store left vacant?-A. Yes, sir.

Q. 58. Any one in there?-A. Yes, sir; some one is generally in there, either my brother or my daughter.

Q. 59. Was that true down on Washington street?-A. Yes, sir; we were there then. Q. 60. You didn't have any seal over the lock?-A. No, sir.

Q. 61. What kind of a key did you have on the lock?-A. You can see it there; I don't know that I can explain; it is a common key.

(Witness produces a bunch of keys containing the one.)

I will state that in the auction room on Washington street there is a lobby building there 8 by 10, with a door, but no lock on the door.

Q. 62. Just try this key of mine and see whether it will fit the box.-A. No, sir. Q. 63. Also you may try this other key of mine.-A. It will not go in.

Q. 64. Is there anything unusual about this ballot box key?-A. I don't know. It would be a simple matter to get a key of that kind that would fit the lock of the box. Probably a key that would fit the lock would unlock it.

Q. 65. You say that you don't know whether these are the same cast at the election, to your knowledge?-A. I didn't see them cast.

Q. 66. You say that Mr. Fyfe and Mr. Ricord looked over the ballots?-A. Yes, sir. Q. 67. Did any one else look over them?-A. Yes, sir; Mr. Cone looked over them several times with me.

Q. 68. Any one else?-A. Mr. Coldren looked over them.

Q. 69. What is his politics?-A. I can tell you only what I suppose.

Q. 70. Didn't you tell Ricord's and Fyfe's politics?-A. I didn't know that I did.

Q. 71. Didn't you say Republican?-A. Perhaps so.

Q. 72. Then can't you say that with the same certainty with regard to Coldren's polities?-A. I think I may say for certain he is a Democrat. He was elected on the Democratic ticket.

Q. 73. What is Mr. Hershire's politics?-A. Democratic.

Q. 74. Were you with them all the time that they were there?-A. Possibly not. Q. 75. Did anybody else look over them?-A. Well, there was so many there that perhaps others have looked over them.

Q. 76. Who else?-A. No one.

Q. 77. Did any one come there and count them?-A. I think that they have been counted by all these men.

Q. 78. Have you ever counted them?-A. Yes, sir, I counted them with Cone. Q. 79. Was it to ascertain how many ballots there was for Wilson?-A. I think that is what we did it for.

Q. 80. What was the result of the count?-A. It seems to me that one time we counted that we come even, and it seems that the second time that we counted we came out one behind; one or the other, I don't know which; I paid no attention to it; it seems to me that Frederick came out one behind the last time.

Q. 81. Was it one or three?-A. I am not positive; I didn't pay much attention to it; I ran the ballots over and Coldren tallied.

Q. 82. Can you tell the Commissioner how many Democrats have been there to see the ballots?-A. I don't know that I can.

Q. 83. Have you ever refused anybody access to it?—A. No, sir; not since the time for opening the box; that is 30 day ago.

Q. 84. Were these ballots, when they came into your hands, strung on a string ?-A. Yes, sir; well, no, sir; I think not strung on a string. I think tied in this manner. Q. 85. Since they have been in your possession have they not all been loose ?—A. Yes, sir; several times been loose.

Q. 86. What is your business?-A. Keep second-hand store.

Q. 87. Have you ever had any experience in comparing handwriting ?-A. No, sir; not as an expert at all.

Q. 88. You don't mean to say that these 23 ballots with the name of Frederick scratched out and the name of Wilson written in by the same person 1-A. Yes, sir; to the best of my knowledge.

Q. 89. Some are written in with a lead pencil and others with pen and ink, are they not?-A. All lead pencil.

Q. 90. Now, I will ask you to look at them again and see if that is true.-A. Yes, sir; here are two written with pen.

Q. 91. Now compare this pen copy with this pencil copy and see whether they were written by the same person.-A. Possibly not the same handwriting.

Q. 92. Now take next 3 copies and see whether they are the same handwriting.— A. Yes, sir; they are different.

Q. 93. You think that they are not the same ?-A. Yes, sir; I think so.

Q. 94. The spelling is not the same, is it? Isn't one written with two "l's" ("Willson")-A. Yes, sir; this one is; still I believe they are the same writing.

Q. 95. You say that they are all done by the same person, on your knowledge. What look there is like this-tell me that ?-A. I go by the general drift of the whole busi

ness.

Q. 96. Now, where is the look in these two that looks alike?-A. There is a difference in them, but they have the same pitch.

Q. 97. Now look at the "W"; is that the same pitch? Also look at the "1"; is that the same?-A. Well, it looks as if all might have been written by the same person. Q. 98. You don't swear that they are -A. No, sir; I don't swear as an expert in writing.

Q. 99. Were not all these ballots loose on your counter at one time?-A. Yes, sir; they were.

Q. 100. All loose indiscriminately?-A. No, sir; they were loosened, taken from the string, and piled away carefully.

Q. 101. Are these all the ballots cast there?-A. I can't say whether they are or not. Q. 102. You say that there was plenty of opportunity for people to change them if they had wanted to?-A. Yes, sir; there have been opportunities, of course. Cone and Hershire all been there to them.

Q. 103. You never examined it all to see how many names were written? Have you examined to see how many names had Frederick scratched and Wilson written in ?A. I saw Wilson's name written.

Q. 104. It wouldn't have been easy for persons to have scratched any of the ballots after they came into your hands ?-A. Yes, sir; I suppose that could be done.

Q. 105. They could have taken out one and put in another. You don't say that it wasn't done -A. No, sir.

Redirect:

Q. 106. At the first time that you counted these ballots didn't you find sometimes ballots with Frederick's name erased and Wilson's name written in ?-A. Yes, sir. Q. 107. Was that before anybody else handled them?-A. Yes, sir, it was.

Q. 108. All the ballots have the same general appearance that they then had ?—A. Yes, sir.

Q. 109. Do you remember how many there were that were scratched from the first count?-A. I don't know that.

Q. 110. With Wilson's name written in, and Frederick's erased?-A. I don't know that.

Q. 111. Was there a good many?-A. Yes, sir, quite a number.

Q. 112. How does the number compare in your recollection with the number that you found ?-A. I should say the same number; I counted them and kept the record. Q. 113. Did you hear at the time that the other parties were counting them the number of ballots that were scratched?-A. Of course I heard them mention it, but I couldn't remember it.

Q. 114. Those 23 ballots have been talked about a good deal by the parties that were looking at them?

(Objection, immaterial, not proper rebuttal.)

A. Yes, sir.