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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 coursel 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. (SEAL.]
Commissioner agreed upon to take testimony.
STATE OF IOWA,
Johnson County, 88 : 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 lowa City in your possession.-A. Yes, sir.
0.3. Does it contain the same ballots cast in the November election of 18821-A. Q. 4. Has it been open since the election ?-A. Yes, sir.
Q. 5. In whose presence was it opened 1-A. It has been opened in my presence sereral times.
Q. 6. Have any of the ballots been changed !-A. I cannot tell.
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. Fyfé 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.
(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?
(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 bas 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 tbat 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. 15. You believe that it has been kept safely, and that it contains the same bal. lots 1--A. Yes, sir,
Q. 16. Where no one but Republicans could have access to it1-A. Yes, sir; I think they have.
Q. 17. Were you present when the box has been opened 1-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 auy 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. ALLEX 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.
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 hand writing! (Objection, immaterial and not proper, not shown that he is an expert in handwriting.)
Q. 23. You write some and see people write 1-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 bor; 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. 28. You are the custodian of that ballot-box 1-A. Yes, sir; have been ever since the election.
Q. 29. It was brought to you locked and sealed ?-A. Yes, 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 1-A. Two months.
Q. 39. Where is that auction store 1-A. On tbe corner of Clinton and College streets.
Q. 40. Is that where the ballots have been 9-A. Yes, sir; in this box.
45. What kind of a lock on that door 1-A. A good, heavy lock.
47. Isn't there a door at the stairway 9-A. It is nailed up. . Q. 48. Isn't there an entrance back'?-X. 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 tbat is easy to raise 1- A. Yes, sir; but it is nailed down.
Q.51. Now, who has occupied that store with yon ?--A. Starkey.
. 54. How long was it there ?-A. Probably 6 weeks; may be not so long.
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 1-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 1-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 ?-Å. 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 1-A. Yes, sir; Mr. Cone looked over them several times with me.
Q. 68. Any one else 1-A. Mr. Coldren looked over them.
Q. 72. Then can't you say that with the same certainty with regard to Coldren's politics ?-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. Deniocratic.
Q. 75. Did anybody else look over thein ?-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 1--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 counti-A. It seems to me that one time we counted that we come even, and it seems that the second time that we counted wo came out one behind ; ove 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 d4y ago.
Q. 84. Were these ballots, when they came into your hands, strung on a string 1-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 1-A. Yes, sir; several times been loose.
Q. 86. What is your business 1-A. Keep second-band store.
Q. 87. Have you ever had any experience in comparing handwriting 1-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 noti-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; bere are two written with pep.
Q. 91. Now conspare this pen copy with this pencil copy and see whether they were written by the savie 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 1--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") 1-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 i-A. I go by the general drift of the whole business.
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 l-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 1-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 I-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 1 1. 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 1-Å. 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 1-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 1-A. Yes, sir.
Q. 107. Was that before anybody else bandled tbemi-A. Yes, sir, it was.
Q. 108. All the ballots have the same general appearance that they then had 1-A. Yes, sir.
Q. 109. Do you remember how many there were that were scratched from the first counti-A. I don't know that.
Q. 110. With Wilson's name written in, and Frederick's erased 1-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 1-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 1-A. Of course I heard them mention it, but I couldn't remember it.
O. 114. Those 23 ballots have been talked about a good deal by the parties that were looking at them i
(Objection, immaterial, not proper rebuttal.) A. Yes, sir.
Q. 115. Is that the number that you have understood that had Frederick's name erased and Wilson's written in 1-A. Yes, sir, it is.
Q. 116. Who examined them first, Democrat or Republican ?-A. To my best recollection, Domocrats.
Q. 117. It was mentioned, this one that examined them, that there were 231
Q. 118. Now, when the Republican party mentioned them, did they mention 3314 A. Yes, sir, they did ; but it seems to me that one time when Cone and I counted them that Frederick lost one vote; I would not be positive about it.
Q. 119. That was the second time !-A. Yes, sir.
Q. 122. You think that Frederick lost one 1-A. It seems that the last time we counted them there was one bebind.
Q. 123. You may take one of these ballots written with a pen and one written with a pencil and make an exhibit of your testimony. (Objection that the whole 23 shall go.)
Q. 125. At the meeting that you did the counting 1-A. I think that Mr. Clark handled them.
Q. 126. What Clark is that?-A. I think that Mr. Clark is one of the trustees.
Q. 129. Are there any other names written in pencil and the tickets scratched 1A. Greenback ticket there.
Q. 130. I mean other names on the tickets besides Frederick and Wilson. How many tickets cast at the election 1-A. I don't know.
Q. 131. Let me ask you to look at the ballots and see whether there are any names besides Frederick that are scratched 1-A. Yes, sir; there are.
Q. 132. Didn't you see any in which Wilson's name is scratched, and Frederick's is written in! Also, tell me how many there are like that so as to tell the number of Republican tickets scratched with Frederick's name written in
(Witness examines the ballot-box.)
Q. 133. Are there not many ballots in the ballot-box that have different names scratched, both Democrat and Republican, and other names written in with a pencil ?-A. Yes, sir; there are.
Q. 134. In the State tickets, isn't the name of B- scratched frequently 9-A. Yes, sir; several times.
Q. 135. And the name of Cavanagh, district judge, scratched !-A. Yes, sir; frequently.
Q. 136. And the name of Mr. B— inserted on some Democratic ticket for supreme court reporter 1-A. Possibly; I didn't notice in particular.
Q. 137. At the election wasn't there an unusual number of scratches on both sides 1A. Yes, sir; considerable of scratching.
Redirect: Q. 138. Didn't find Wilson's name erased on any tickets 1-A. No, sir. 0. 139. In the canvass for district judge, Mr. Boal was local man here -A. Yes, sir. Q. 140. And there would be natural scratching 1-A. Yes, sir. Q. 141. How was district attorney 1-A. The same in that case.
. 142. You carry the key of the ballot-box with you ?-A. Yes, sir; I do. I think that even when I gave him the box that I put the key back in my pocket.
Q. 143. Are these men the only men that have seen the box?-X. Yes, sir.
BROWN. We are all willing to admit for the purpose of this examination that the Republicans that examined them were not honest.
A. Yes, sir; I had confidence in all of them. Q. 147. Have you told the names of all those that have examined the box! (Testimony of this witness objected to for the reason that it is not proper rebuttal.) A. Possibly not. ($0.85 paid as fee by contestant.)
L. A. ALLEN.