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turn after the count on the 13th of Dec. ? (referring to the same paper the witness just now examined; F. vs. W.-A.) - Ans. Yes sir.
[Mr. Brown introduces the same in evidence.]
(Judge Haddock, on the part of contestee, objects to Exhibit A being introduced on the ground that it is incompetent to contradict the returns unauthorized by law.)
Ques. 54. Does the given number of ballots given to-day compare with the number of ballots given at that election ?-Ans. Yes, sir,
Ques. 55. Could any ballot have been taken out of that box since the election without your knowledge of it?--Ans. I think not.
Ques. 56. Have you changed any ballots in that box either by taking out ballots cast for Wilson or putting any ballots in for Frederick?-Ans. No, sir.
Ques. 57. What did you say as to ballots, that they have been counted to-day, being the actual ballots cast at the Nov. election, 1882? What do you say as to their being the same?-Ans. I think that they are the actual ballots.
Ques. 38. Who has assisted you in the count to-day?-Ans. You mean in keeping tally?
Ques. 59. I mean in the counting to-day.-Ans. The three trustees have assisted me. Ques. 60. Name them.----Ans. John E. Adams, Dennis Maloney, and J. W. Douglass. Ques. 61. Who assisted you in counting on the 13th of Dec. ?-Ans. A. H. Browning.
Ques. 62. Who else assisted in counting, also in looking over the ballots?-Ans. John E. Adams, Dennis Maloney, and J. W. Douglass.
Ques. 63. The same parties who assisted you to-day, except the other clerk?- Ans. No, sir; the other clerk was not present when we counted them in Dec.
Ques. 64. Who else was present then beside the trustees ? - Ans. No, sir; only myself and trustees.
Ques. 65. You say that the ballots were examined after the 13th of Dec. by the same parties?-Ans. Yes, sir.
Ques. 66. Who was present then ?-Ans. Mr. Ricord, Mr. Cone, and myself.
Ques. 67. Who is Mr. Cone, the attorney for Mr. Wilson, here to-day? Ans. Well, I could not say; that is the gentleman sitting right there.
Ques. 68. That is the attorney for Wilson; who was Mr. Ricord; what office does he hold; what party does he belong to?-Ans. He is a Republican; I believe he is postmaster at Iowa City.
Ques. 69. Were all the parties that examined the ballots since the Nov. election for the purpose of seeing whether there was any error in the count the parties that you have mentioned; were there any others?-Ans. No, sir.
Ques. 70. Have you any reason to believe that either of those gentlemen changed any of the ballots cast at that election ?-Ans. No, sir.
Ques. 71. You don't think Mr. Cone or Mr. Ricord changed any of them?-Ans. No, 'sir. Ques. 72. The other parties were officers of the election, were they?-Ans. Yes, sir.
Cross-examination by Judge Haddock:
Ques. 74. Are you no longer township clerk of Cedar Township ?-Ans. No, sir; not since the first of Jan.
Ques. 75. Where has this box been brought from to-day?--Ans. It is in my possession; it has never been delivered to the other clerk.
Ques. 76. You have had the custody since Jan. alone?- Ans. Yes, sir.
Ques. 83. When you went to count where did you take it to?-Ans. We took it to our sitting-room.
Ques. 84. Where the family was?--Ans. Yes, sir; where they sat. I don't think that they were in the room at the time.
Ques. 85. Where was the key of it all the time?-Ans. I kept it in my secretary in my place.
Ques. 86. The hole in the box was never sealed any of the time?-Ans. No, sir; never sealed or covered.
Ques. 87. Tickets could have been dropped in there?-Ans. Well, I suppose they could have been. Ques. 88. What kind of a key was it?--Ans. Just a common key, I suppose. Ques. 89. Cheap like?-Ans. Yes, sir. Ques. 90. Was this empty room you kept the box in locked ?- Ans. No, sir.
Ques. 91. Any out door to it?-Ans. No, sir.
Qaes. 93. Your kitchen locked at any time?-Aus. Part of the time, part of the time not.
Ques. 94. Who is the proper custodian of that box now?-Ans. I suppose the clerk or the township.
Ques. 95. Who is he?-Ans. S. W. Bowman.
Ques. 96. When you first counted the ballots on the day of the election, you counted them accurately, of course ?-Ans. Yes, sir.
Ques. 97. You believe they were correct now? Have you any reason to lead you to believe that you had made any mistake that day?-Ans. No, sir ; I think that we had counted them correctly.
Ques. 98. What lead you to believe you had not before any count was made again?Ans. We did not think that we had made a mistake; we did not think so when we met to count them.
Ques. 99. What was suggested to you by any one as a reason to think you had made a mistake?- Ans. Well, in examining the poll-books the total did not correspond with the number of votes that were cast. In counting out the number that were cast it didn't correspond with the tally of the other officers.
Ques. 100. You mean other officers and Representatives? - Ans. Yes, sir; all three together.
Ques. 101. You mean to say that the total vote cast for Representative in Congress did not correspond with the total vote cast for the same three officers ?-Ans. No, sir; it didn't; but that is not what I meant. The tally didn't count up the same as the total rote cast.
Ques. 102. The total vote cast for what?-Ans. The total vote cast at the election; I mean the ballots cast.
Ques. 103 You mean the total ballot cast in the township. The total vote cast in your township for State officers was how many ?-Ans. 128.
Ques. 104. The total vote you had reported on your first count on the day of the election was how many ?-Ans. It was written out 128; by examination with the tally, 118.
Ques. 105. Your tally-list, as reported on the first count, was in effect 118 for the total votes on Representative ?-Ans. Yes, sir.
Ques. 106. That is correct now? Does your tally-list now, as made on that day, show 118 votes cast?-Ans. No, sir.
Ques. 107. How much does it show?-Ans. 128.
Ques. 109. You now mean to say that the tally-list you made on the day of the election shows 118 votes is the correct number cast for Representative in Congress in Cedar Township ?-Ans. Yes, sir; according to the tally-list.
Ques. 110. Made on the day of the election ?-Ans. Yes, sir.
Ques. 111. Then it was read to you as the understanding that because there was not 128 votes cast that there must be a mistake?-Ans. Yes, sir.
Ques. 112. Now I have it correct?—Ans. Yes, sir.
Ques. 113. Wasn't there other offices where the total vote of the township was not cast?- Ans. There was not any of the list, but in the county and our township there was scratching done.
Ques. 114. Now look at the office of coroner in that poll-book before you.
Ques. 115. What is the total vote cast for coroner of Cedar Township at that election ?-Ans. I guess I had better give the tally-list.
Ques. 116. What is the total vote cast for coroner, as shown by tally-list made on the day of the election in Cedar Township, Johnson County ?-Ans. 100.
Ques. 117. Now look at the office of district attorney and see what was the total vote cast as shown by tally-list. —Ans. 122.
Ques. 118. The clerk of the district court for the county of Johnson; total vote cast in Cedar Township as shown by tally-list?-Ans. There were 29 votes cast for Remley, 83 for Preston; making 122. Ques. 119. Now the clerk of the district court; take him next.-Ans. 126.
Ques. 120. Now the office of coroner, district attorney, clerk of the district court. Have you been impressed with the idea that you had made any mistake because the total vote did not come up to the total vote of the State officers?-Ans. No, sir.
Ques. 121. In investigation made upon these points ?-Ans. No, sir.
Ques. 122. You did not believe because they did not read total vote for State officers in that township, that there was a mistake ?-Ans. No, sir; we didn't.
Ques. 123. Did you find any Democratic tickets in the list without Frederick's name on them? - Ans. So, sir.
Ques. 124. Now, after the close of the count on the day of the election did you compare the poll-books, one with the other?-Ans. Yes, sir.
Ques. 125. What then did you do with the ballots on the poll-books?-Ans. The ballots were left in the ballot-box, and one of the poll-books were delivered to the trustees and then to the county auditor, and the other remained in my office.
Ques. 126. Was it put in the poll-book then ?-Ans. Yes, sir; at the time of the election.
Ques. 127. Was the box then locked ?--Ans. Yes, sir.
Ques. 134. You then deposited it when you reached home; poll-book in the box when you got home? It was in the box, was it?-Ans. I am not positive whether I took the poll-book out when I got home or not. I know it was put in in order to take home.
Ques. 135. On the day of the election who helped you to canvass the vote?-Ans. These three did.
Ques. 136. You mean three trustees?-Ans. Yes, sir.
Ques. 138. Who called for the votes ?--Ans. I think they took it by turns. I think this gentleman here, Mr. J. W. Douglass, did most of the reading, didn't you ? (Yes, sir; I think so.)
Ques. 139. You recorded accurately and compared as he called ?-Ans. Yes, sir.
Ques. 140. He handled all the tickets as far as you know?-Ans. He didn't read off all; no, sir.
Ques. 141. These trustees handled all the votes; took them out of the box carefully?Ans. Yes, sir.
Ques. 142. In the usual mode of doing that work?-Ans. Yes, sir.
Ques. 143. Now, after you got home how long was it after their election did you begin to hear rumors of probable mistakes ?-Ans. Well, I believe the board of supervisors met the first Monday after the election; it was about the middle of the week that I heard such rumors.
Ques. 144. Whom did you hear it from ?-Ans. A gentleman by the name of W. A. Palmer came to where I lived. Shall I tell the story right through?
Ques. 145. What did he tell you ?-Ans. He had received a telegram.
Ques. 150. What does he do?-Ans. I don't know what he does do; I suppose considerable of his time riding over the county.
Ques. 151. Where does he live?-Ans. In Solon.
Ques. 153. 'He came to you and told you what ?- Ans. That he had received a telegram from Hershire asking him to come to me and get the ballot-box.
Ques. 154. Had you returned the poll-book at this time to the board of supervisors ? — Ans. Yes, sir.
Ques. 155. He asked you for it?-Ans. Yes, sir; I didn't know what he meant. I supposed that poll-book had been returned. I could not understand by the telegram what he did mean, but I understood by that that the book hadn't been returned.
Ques. 156. You got the impression from Palmer and his telegram that the book hadn't been returned ?-Ans. Yes, sir.
Ques. 157. What did he tell further?--Ans. He wanted the books; he said he had been requested to get it and to take it to the city.
Ques. 158. By Andrew Jackson Hershire, of the political newspaper?-Ans. Yes, sir; I hesitated about giving it to him at the time; I thought there could be no harm in it, so I gave it up to him.
Ques. 159. How long was it out of your possession? —Ans. Well, I don't think more than two weeks.
Ques. 160. Who returned it to you ?-Ans. My father, A. Adams, brought it from Iowa City.
Ques. 161. Where did he get it, do you know?-Ans. Well, think that he got it from the auditor.
Ques. 162. Of the county ?-Ans. Yes, sir.
Ques. 163. What was the next thing chronologically of this thing ?-Ans. Mr. Hershire came out to see me personally the next thing.
Ques. 164. What did you do then?-Ans. Nothing.
Ques, 165. What did he tell you to do?-Ans. He wanted me to look at the ticket. I told him I would not do it without having the trustees present; I had no business to.
Ques. 166. What did you do then ?-Ans. Well, before he left he asked me if I would notify the trustees and look over the tickets. At last I consented to do so. That was along in the afternoon. I studied the matter over and sat down and wrote a letter that I would not do it.
Ques. 167. What next did you do?-Ans. I didn't do anything more until the trust
Ques. 168. Who was next-who did you hear from next after that?-Ans. The trustees, when they came to my place.
Ques. 169. Didn't you know they were coming until they came into your house ?Ans. Well, I think not; I am not positive.
Ques. 170. When the trustees arrived what did you and they do with them ?--Ans. Proceeded to open the ballot-box and examine the tickets.
Ques, 171. Name them.-Ans. Adams, Maloney, and Douglass.
Ques. 172. What are the politics of those gentlemen ?-Ans. Maloney and Douglass Democrats; Adams is Republican.
Ques. 173. You then made another investigation of all the ballots ?— Ans. Yes, sir. Ques. 174. You were present during the whole time those trustees were counting the ballots ?-Ans. Yes, sir.
Ques. 175. Who else were present besides those trustees ?-Ans. My daughter, about five years old. Ques. 176. Anybody besides your child ?-Ans. No, sir. Ques. 177. Any politician of anywhere ?-Ans. No, sir. Ques. 178. Or elector or voter ?-Ans. No, sir.
Ques. 179. After this count was made you put them in the form of a letter or circular?Ans. I don't know what we did; nothing in the regular order.
Ques. 180. What did you do with that paper?-Ans. It was given to the trustees to mail, I believe.
Ques. 181. What did he expect to do with it, mail it to where?-Ans. As a notice to the supervisors that there had been a mistake made.
Ques. 182. Had you heard of the rumor of the close call between Frederick and Wilson ?-Ans. Yes sir.
Ques. 183. Before this rumored error ?-Ans. Yes, sir.
Ques. 184. And that Frederick would probably be elected if those ten votes should be carried through ?-Ans. Yes, sir,
Ques. 185. If it had not been for that rumor and the absolute necessity you would not have counted them again?-Ans. Yes, sir; I think that they would. We had been requested to.
Ques. *186. Without that you don't think that you would ever have gone to the trouble of another count?- Ans. Well, if it had not been so close I don't think that these things would have been brought up; don't think it would have been noticed.
Ques. 187. Now, after this count what did you do with the ballots ?- Ans. They were strung and put back in the box.
Ques. 188. That is, after the second count made on the 13th of Dec. they were counted, strung, and put back into the box ?-Ans. Yes, sir.
Ques. 189. The poll-book, too, with them?-Ans. No, sir; I think not.
Ques. 190. When was the box again opened to your knowledge ?-Ans. Well, it was opened by myself at the request of Mr. Ricord and Mr. Cone, well, it must have been in Jan.; I don't know just what time, but in the forepart of Jan.
Ques. 191. Who was present when they were tampering with it?
Ques. 192. Who were present at the time these gentlemen were looking them over ?Ans. These two gentlemen and myself.
Ques. 193. Were the tickets then on the string ?-Ans. Yes, sir; when we opened the box.
Ques. 194. When you opened the box ?-Ans. Yes, sir.
Ques. 195. If the tickets had been off the string, if they had not been on the string, what would you say about that—that they had been opened by somebody else before you opened it?-Ans. It would look so.
Ques. 196. Are you positive that they were on the string at the time you got Mr. Cone and Ricord to examine them ?--Ans. Yes, sir; I think so, to the best of my knowledge.
ques. 197. You put them on the string on the 13th of Dec.-I mean that you put
them back on the string? I think that they were on the string when Mr. Cone and Ricord examined them.-Ans. Yes, sir; to the best of my knowledge.
Ques. 198. I will ask you another question. Were not the tickets the time you opened the box in the presence of Ricord and Cone, were they not strung, Democratic tickets in one file, Greenback tickets in one file, and Republican in another?-Ans. I cannot be sure about that; I think that they were all on the string. I cannot swear to it.
Ques. 199. You are certain that on the 13th of Dec. they were unstrung and left in the box?-Ans. My impression is that they were; I cannot swear to it.
Ques. 200. Didn't you state positive a while ago that you strung them and put them back into the box? - Ans. Yes, sir; that is my belief that they were; I don't know that I stated more positive then than I do now; also, I think that when we counted them they separated them. I know that they were not strung after that.
Ques. 201. The question was what condition they found them in before they unstrung any tickets in your presence ?-Ans. I could not say.
Ques. 202. Did you stay with them all the time? Now, I mean on the 13th of Dec. you counted them carefully ?-Ans. That is what we thought.
Ques. 203. Well, on that day you found no error as you believe, or you found no error at all, except that there were 10 votes you think should have been counted for Frederick which were not counted for him before?--Ans. That is the only mistake we could discover.
Ques. 204. You did not find 36 votes instead of 37 for Wilson on that occasion ?- Ans. No, sir.
Ques 205. This is the third count to-day?-Ans. Yes, sir.
Ques. 206. Still there is another tally and different result from the first, is there not?— Ans. Yes, sir; we found that there is a mistake in the Wilson count; that we discovered when Mr. Cone and Ricord examined them.
Ques. 207. On the first count Frederick had 55; Wilson 37 ?-Ans. Yes, sir.
Ques. 208. On the second count, Dec. 13, you made them: Frederick 63, Wilson 37?_ Ans. Yes, sir.
Ques. 209. On this last count you varied it, making Wilson 36?-Ans. Yes, sir.
Ques. 210. Then this counting seems to be a very variable quantity, won't stick anywhere; the more you count the worse it goes. Now, after Ricord and Cone canvassed the tickets, who else handled them ?-Ans. No one.
Ques. 211. Who else has looked at them? Have they been out of the box since that time, to your knowledge ?-Ans. No, sir.
Ques. 212. Has the box been kept locked ?-Ans. Yes, sir.
Ques. 213. From the character of your building, the kitchen door being left unlocked part of the time, and either the door of this or another room not being locked, and from the fact that this is a very common key, could not the box have been opened ?-Ans. Well, sir, I suppose it could; yes, sir.
Ques. 214. Could not changes have been made in these tickets if it was opened by persons interested in that matter?-Ans. No, sir; I think not; there has been no scratching done at all.
Ques. 215. Could they not have substituted tickets and put in more ?-Ans. No, sir; I think that they could not.
Redirect examination: Ques. 216. How many straight Democratic votes were polled in your precinct at the Nov, election, as shown by the tie tickets?
(Mr. Haddock objects to the question for the reason that it does not specify the office, and for the reason it is improper to count a vote only as for some person.)
Ques. 217. Do you remember at the time you counted the votes at the Nov, election, 1882, that Frederick's name for Representative was on all the straight Democratic tickets that were polled; also, what is your recollection about that?
(Mr. Haddock objects to the question, on the ground that it is incompetent to introduce remarks on election day.)
Ans. I don't remember of any remarks being made.
Ques. 218. Turn to page 18 of the poll-book of the Nov. election, 1882, held in Cedar Township, Johnson County, Iowa, and read the entry that was then made, that the notary may take it down, concerning the office of Representative in Congress.-Ans. Shall I read all the headings?
Ques. 219. Yes, sir; all the entries made, anything beginning with the words, "At an election held.”
(Witness reads it.)
Ans. At an election held at Antioch, Cedar Township, Johnson County, Iowa, on the 7th of Nov., 1882, there were 128 ballots cast for the office of Representative in Congress,