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 by me taken down under each question propounded, until the whole was reduced to writing and the deposition 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 and Carney appeared as counsel for the contestant, Benj. T. Frederick and Milton Remley as counsel for the contestee.

In witness whereof I have hereunto set my hand and seal notorially, this 2nd day of May, 1883.

[SEAL.]

ELDON MORAN, Notary Public for Johnson County, Iowa, and Commissioner agreed upon to take testimony.

No. 2.

STATE OF IOWA,

Johnson County, ss:

Deposition of JOHN DEVAULT, produced and sworn before A. D. Swisher, a notary public in and for Johnson County, on this 22nd day of Feb., A. D. 1883, and examined before me, testifies as follows:

Q. 1. What is your name, age, place of residence, and occupation?-A. Name, John N. Devault; age, 34 years; Big Grove Township, Johnson County, Iowa; occupation, farming.

Q. 2. Were you clerk of the Nov. election, 1882; and, if so, in what township in Johnson County, and who were the other officers of the election?-A. I was clerk of said election in Big Grove Township, in Johnson County; assistant clerk, F. J. Wistner; judges M. M. Carrigan, A. W. Benter, and Jacob Kessler were the judges.

Q. 3. Have you in your possession the ballot-box and votes and poll-books of the Nov. election containing the ballots cast for the office of Rep. in Congress in favor of the several candidates then running for said office?-A. I have the ballot-box and poll-books in my possession.

Q. 4. In whose custody has the ballot-box been since the said election; and how has it been kept as to being sealed, locked, or otherwise safely kept?-A. It has been in my possession until Dec. 28, 1882. Since that time it has been in the possession of M. S. Shircliff, of Solon. While it was in my possession it was sealed and locked, and I found it locked and sealed this morning.

(The first part of the answer, as follows: I found it locked and sealed this morning, objected to by contestee as incompetent, not being the way of proving the manner in which the ballot-box has been kept since the 28th of Dec. 1882.)

Q. 5. Have you at any time examined the ballots in said box since closing the same after the election?-A. We did examine them once.

Q. 6. Who was present at the time of such examination; and when was that?-A. Before it went out of my possession in Dec. There were present myself, assistant clerk, and the judge of election.

Q. 7. Why did you make such examination?

(Question objected to by contestee as immaterial.)

A. We were ordered to by some one. I do not remember who.

Q. 8. Had the ballot-box been opened before, after the election, up to that time?—A. No; I think not.

Q. 9. You may now open the ballot-box in the presence of the judges of the election and notary and count the ballots, and state how many of the ballots were cast at the Nov. election, 1882, for the office of Representative in Congress, and how many votes each person or candidate received for such office.

(Objected to by the contestee for the reason that the ballots and poll-book are shown not to have been in the proper custody, for the reason that the witness does not show that the ballot-box containing the ballots was not open while in his custody, and that it is not fully shown that the ballots and poll-books are in the same condition as when sealed up after the count on the day of election. Objects to certain parties other than the witness taking part in the effort to recount.)

A. I have counted the ballots. There were 246 ballots cast at the said election for the office of Representative in Congress, of which B. T. Frederick secured 174, Jas. Wilson 52, and David Platner 16.

Q. 10. Does this count correspond with the count made by you after the election in Dec., 1882?-A. Yes, sir.

Q. 11. How many ballots were returned, as shown by the poll-book, as cast for the office of Representative in Congress to the board of county commissioners for the November election, 1882, and present the poll-book so that the notary may copy the entry 'therein for the office aforesaid.

(Objected to by the contestee for the reason that the evidence sought to be elicited is secondary, and for further reason that the poll-book sought to be introduced is not the same as used by the county canvassers.)

A. There were 238 votes cast for the office of Representative as shown by the poll-book, of which Benjamin T. Frederick received 172, Jas. Wilson 51, David Platner 15, at an election held at Solon, in Big Grove Township, in Johnson County, State of Iowa, on the 27th day of Nov., A. D. 1882; there were 243 ballots cast for the office of Rep. in Congress, 5th district, of which Benj. T. Frederick had 172 votes, James Wilson 51 votes (the word one has been written over some other word which appears to be seven), David Platner had 15 votes. (And in the vote for Benj. T. Frederick it appears that over the word two has been written.)

Q. 12. Is the poll-book which you have presented to the notary the poll-book for Big Grove Township, in which the vote was recorded at the Nov. election, 1882?

(Objected to by the contestee because the poll-book has been out of his custody.) A. Yes, sir; it is.

Q. 13. Is the vote recorded as taken down by the notary from said poll-book, and now appearing on the poll-book, the same as was written at the time of the canvass of the votes of the election for the office of rep. in Congress, and has the entry been changed or altered since that time?

(Objected to because the poll-book has been out of his custody and he has had no means of knowing as to matters asked for, and he did not write the book now before him.) A. It has not been altered or changed that I know of; it appears the same.

Q. 14. Did you examine the poll-book at the time and compare it with the one you made?-A. Yes, sir, I did; we examined both of them and compared the two books. Q. 15. Where has this poll-book been kept since that time?—A. It has been kept in the ballot-box, as far as I know, while in my possession.

Q. 16. At the time you counted the ballots, in the presence of the judges after the election, in Dec., 1882, where had this poll-book been kept up to that time, and in whose possession?-A. In the ballot-box, and in my possession.

Q. 17. Did you then examine the entry in the poll-book for the office of rep. in Congress, and was such entry as it now is, and state how much the entry was at that time? (Objected to as leading, except the last clause.)

A. I examined this book and found the entry the same as it now is, and the book the

same.

Q. 18. When you counted the ballots in Dec., 1882, were these ballots in the same condition they were when put in the box after the canvass of the Nov. election, 1882? (Objected to for the reason that there is no showing as to the result of that surreptitious canvass and leading.)

A. Yes, sir; they were.

Q. 19. How did such canvass correspond with the canvass made to-day, and what was the result of each canvass?

(Objected to because it is an incompetent mode of proving the matter sought.)

A. The canvass compared with that.

Q. 20. State if you are satisfied there was any error or mistake at the original canvass of the votes cast for the office of Rep. in Congress, and the returns made to the board of county canvassers, and, if so, what was the mistake?

(Objected to by the contestee for the reason that the question is not for facts, but mode of mind of the witness, and that it is leading.)

A. There was a mistake made in the canvass, I think, and in fact I am positive there was a mistake in the first canvass of the votes. There were more votes counted than

were cast, but it may have been in the tally.

Q. 21. How many votes should have been returned for Benj. T. Frederick, and how many for James Wilson, for said office, as shown by the ballots?

(Objected to, as it is simply the opinion of the witness asked for; that he does not designate which count is referred to.)

52.

A. There should have been returned for Benj. T. Frederick 174, and for James Wilson

Met pursuant to adjournment.

Cross-examination:

Q.1. Where did you keep this ballot-box before it was turned over to Shercliff, and where was the key to the same?-A. I kept the ballot-box in my house and the key in my pocket.

Q. 2. Did any one have access to said key of said ballot-box before the additional count in December?-A. No, sir; they did not.

Q. 3. From the time the ballot-box was closed after the count at the day of the election antil the time you and the assistant clerk and the judges of the election met on Dec. 18th, 1882, to make additional count did you or any one else open the ballot-box?-A. No one else opened it, and I don't think I did.

Q. 4. Are you sure you did not open it?-A. I am not sure I did not, and I am not sure I did; I think it was not open.

Q. 5. Was not Gill Fletcher up there, and opened that box and examined the ballots? A. I think not; if he did, I knew nothing of it.

Q. 6. On the day of the election were the ballots not carefully counted, and did you not make proper entry on the tally-list?-A. We thought we were doing the vote right, but by the recount it shows that we were not right; we intended to do it right.

Q. 7. In your count on the day of election did you not correct errors that you believed you had found that had been made on the tally-list?-A. We did.

Q. 8. By this correction, was not your attention especially called to the votes for Congressman in the 5th district?—A. I am not positive, but I think it was.

Q. 9. Will you now present to me the tally-list of said election as exhibit in the pollbook to-day?-A. I will (poll-book and tally-list presented).

Q. 10. Does not this tally-list show that had been recorded for Wilson; that had been subsequently erased?-A. Yes, sir.

Q. 11. Does not the same tally-list show in the total tallied votes column a blotted and erased condition as to the number of votes for Wilson?-A. Yes, there is a blot there; there is a blot as to the whole. What has been blotted is impossible to say.

Q. 12. Is not the total vote for Congressman in the same blotted condition, and changed from what was originally written? A. Yes, sir; it looks as though it had been changed. Q. 13. What is the total number of votes set down for Congressman on the tally-list?— A. I could not say positively; I suppose it was 243.

Q. 14. Does the last figure look like a 3?-A. I would not say positive. It looks like a 3 with 1 written on top of it.

Q. 15. How many votes were cast for Benj. T. Frederick as shown by the tally-list, and how many for James Wilson, and how many for David Platner, and what would the total amount to as appears by the tally-list?-A. By the figures it seems 172 for Benjamin T. Frederick; as to Wilson the figures are blotted bad; it may be 50 or 51 or 56; as to Platner it looks like 15 now, and the total would be 243. I can't read the number as written.

Q. 16. Now, you make Frederick's total 172, Platner's 15, and the aggregate total 243; now what number does that leave for Wilson?-A. I have not said positive that Wilson has 56; if you figure it that way it would leave for Wilson 56.

Q. 17. Please count the tallies on the tally-list for Wilson that still remain there after all erasures, and state what number of votes is that are tallied for Wilson.-A. 54 is the number.

Q. 18. If from all these changes and erasures your attention and the attention of the canvassers was called to this Congressional vote, why was it not absolutely right as you returned it?—A. The reason is that we made a mistake either in counting or tallying.

Redirect examination:

Q. 1. What poll-book is this?-A. This is the poll-book of the Nov. election, '82, Big Grove Township, Johnson County, Iowa.

Q. 2. Who wrote this poll-book?-A. I did; J. M. De Vault.

Q. 3. Is that the poll-book you returned to the auditor's office for the canvassers of the Nov. election, '82?-A. It is.

Q. 4. You may state if you wrote the poll-book that has been presented by you here to-day, a part of which has been copied.-A. No, sir; I did not.

Q. 5. Are you satisfied that you made a mistake in the count of the ballots at the official count?

(Objected to as asking for opinion.)

A. I am satisfied that there was a mistake made either in the count or in the tally. Q. 6. Are you satisfied that the original ballots cast at the Nov. election, 1882, were in the box at the time of your second canvass, and to-day?

(Objected to as asking for the opinion of the witness.)

A. I am satisfied that they were.

Q. 7. Was there any opportunity for the ballots being changed between the time of the first canvass and the second count; and, if so, what?

(Objected to as asking for the conclusion, not fact.)

A. There was not any chance of their being changed.

Recross-examination:

Q. 1. State who ordered the second count, made in Dec., 1882, as near as you can tell.-A. The judges of the election spoke to me about it. That is the first I knew any

thing about it.

Q. 2. What did they tell you?

(Objected to as hearsay.)

A. They said it was surmised that there was a mistake, and some one wanted a count. Q. 3. Does this book written by yourself, sent to the auditor's office, show any signs of erasures and changes in the tally column and total-vote column for Wilson?-A. It shows signs of erasures and changes.

Q. 4. What does the total for Wilson now show?-A. 51.

Q. 5. From what has it been changed?—A. I cannot say positively from what it has been changed. It might have been six or a cipher.

Q. 6. How many votes does the tally column now show?-A. 51.

Q. 7. From what has it probably been changed?—A. I cannot say positively; it may have been either a mark or a blot.

Q. 8. What does the written return now show for Wilson?-A. It might have been 6; I cannot say positively.

J. N. DE VAULT. Subscribed in my presence and sworn to before me, by J. M. De Vault, this 22nd day of Feb., 1883.

A. E. SWISHER, Notary Public.

Fees of J. N. De Vault: Mileage, $1.70; attendance, 75-$2.45.
Commissioner's, $15.

In the House of Representatives of the United States of America.

BENJAMIN T. FREDERICK, contestant,

v.

JAMES WILSON,

contestee.

Stipulation for commissioner.

It is hereby stipulated and agreed that Eldon Moran, a notary public of Johnson County, Iowa, and short-hand reporter, shall be, and he is hereby, appointed to take testimony at all points in the fifth Congressional district for and in behalf of the contestant and contestee. That said testimony shall be taken down in short-hand writing and transcribed by him; that one transcribed copy of all testimony taken shall be furnished contestant, one transcribed copy shall be furnished contestee, and one transcribed copy shall be transmitted to the Clerk of the House of Representatives, within thirty days from the time of completing the testimony, also accompanied by the original testimony in short-hand, signed by the witnesses. That the transcribed copies certified to by the short-hand reporter shall be read in evidence, and with equal credibility, as though taken in long hand, and in the mode usually adopted in the trial of this class of causes. All objections to this mode of taking the said testimony before said Eldon Moran is waived in all counties of this Congressional district. It is agreed that in case any witness disobeys or fails to obey a subpoena any notary public may issue such subpoena, and we agree to waive time and notice for such witness, and such notary may take such testimony in place of said Moran in other counties than Johnson. Testimony out of the district shall be taken as provided by law. The testimony, both contestant and contestee, shall be taken before said Eldon Moran when taken within the district, except as above stated. In case of sickness or disability or failure of said Moran to meet appointment any notary may be selected to take his place by either party during the continuance of such disability other than said Eldon Moran, who is agreed upon as a commissioner for the purpose of taking the testimony in this case. That all witnesses whose testimony is taken shall be sworn before some notary public or other officer authorized to administer oaths in such cases.

In witness whereof we have hereunto set our hands this the 22d day of Feb. A. D. 1883.

BENJAMIN T. FREDERICK,
By T. BROWN, Att'y.

JAMES WILSON.

STATE OF IOWA,

Johnson County, ss:

Deposition of witness is produced and sworn before me, Eldon Moran, a notary public and commissioner agreed upon to take testimony, on this 22d day of Feb., A. D. 1883, 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 proceedings Benjamin T. Frederick is contestant, and James Wilson is contestee; Brown & Carney appearing as attorneys for Benjamin T. Frederick, and W. J. Haddock and J. W. Cone appearing as attorneys for James Wilson, contestee.

JOHN L. ADAMS, of lawful age, being produced and sworn in due form of law, testifies as follows:

Ques. 1. What is your name, age, place of residence, and occupation?—Ans. John L. Adams; am 52 years old; am a farmer, of Solon, Johnson County, Iowa.

Ques. 2. In what township?-Ans. Cedar Township. I live in Cedar Township. Solon is my post-office.

Ques. 3. Were you one of the clerks of Cedar Township in the year 1882?-Ans. Yes, sir.

Ques. 4. And do you hold that office now?-Ans. No, sir.

Ques. 5. You may state if you were one of the clerks of the election at the Nov. election, 1882, in which the electors voted for the office of Representative in Congress in your township.-Ans. Yes, sir.

Ques. 6. Where has the ballot-box been kept since the Nov. election, 1882?-Ans. It has been in my possession ever since.

Ques. 7. How has it been kept?-Ans. It has been kept just as you see it now [pointing to the box present]. It has been locked, but not sealed.

Ques. 8. How was the ballots left in the box, loose or strung?-Ans. They are strung.
Ques. 9. Has any one had access to that box since the election?-Ans. Yes, sir.
Ques. 10. Who ?-Ans. The trustees of the township. They were the first.

Ques. 11. What do you mean by that-that the box has been opened and examined ?— Ans. It was opened and examined by the trustees; yes, sir.

Ques. 12. When was that done? State as near as you can in what month.-Ans. Well, it was in Dec.

Ques. 13. You may state if any other persons other than the trustees have had access to the box.-Ans. Yes, sir.

Ques. 14. Who?-Ans. Shall I name the persons that I saw?

Ques. 15. Yes, sir.-Ans. Mr. Ricord and Mr. Cone, the attorney here.

Ques. 16. Whenever the box has been opened have you been present?-Ans. Yes, sir. Ques. 17. Has any ballot been changed or tampered with since the Nov. election, 1882?Ans. Not to my knowledge.

Ques. 18. Would you know if they had been?-Ans. Well, I don't know but what I may have; I don't know whether I could say. I have been present always, each time that the box was opened, and never saw any one do anything with the tickets or change them in any way.

Ques. 19. When was that box first opened after the election?-Ans. Well, it was more than a month after the election.

Ques. 20. Had anybody had access to that box before that time?-Ans. No, sir.
Ques. 21. Where was the key kept?-Ans. It was kept in my possession.

Ques. 22.

ship.

Who was present when it was first opened?-Ans. The trustees of our town

Ques. 23. Were you present ?-Ans. Yes, sir.

Ques. 24. Did you see any one change any ticket or do anything other than look over the tickets in the box?-Ans. No, sir.

Ques. 25. For what purpose was the box then opened?-Ans. Well, it was by request of-well, believe a party here in Iowa City, that the box be opened.

Ques. 26. And the ballots examined?-Ans. Yes, sir; the ballots examined to see whether there was any mistake.

Ques. 27. Will you open the ballot-box and count the ballots in the presence of the notary and trustees and compare them with the poll-book and see how many ballots were cast for the office of Representative in Congress for the candidate?

(Mr. Haddock objects to the question; objects to the opening of the ballot-box or the comparison of ballots with the poll-books for the reason that it is shown that others have had access to the box. It is not shown that the box has been absolutely kept inviolate since the time of the election up to the time of the opening referred to.)

Ans. Yes, sir; I will do so. (Witness produces box, etc.)

Also objection for the further reason it has not been shown that the poll-book has all the time been in his possession.

(Witness examines and counts.)