Ques. 28. Now you may state.-Ans. I will first state the number of votes cast; shall I?

Ques. 29. Yes, sir.-Ans. 128 ballots cast, of which Mr. Wilson had 36 and Mr. Frederick 63 and Mr. Platner 29.

Ques. 30. Where has the poll-book been kept since the election ?-Ans. Well, I have had it in my possession most of the time.

Ques. 31. Did you make out the poll-book ?-Ans. I didn't make this one.

Ques. 32. Did you compare the poll-book you had in your possession with the one you made out the time of the election ?-Ans. Yes, sir.

Ques. 33. Were they correct and alike?-Ans. They were correct.

Ques. 34. Was there any error in the counting of the votes at the time of the election; and, if so, what was it?

(Judge Haddock objects as asking for the opinion.)

Ans. Well, sir, not any to our knowledge. There was no mistake that we knew of. Ques. 35. I asked if there was any error?-Ans. No, sir.

Ques. 36. What, did you say there was no error?-Ans. We didn't know of any error at the time.

Ques. 37. Do you find any error by the recount? What is that error?-Ans. Yes, sir; it is 10 votes in favor of Frederick.

Ques. 38. How many does the poll-book show were cast for Frederick at that election; how many for Wilson, and how many for Platner? Please look at the poll-book.-Ans. (Witness examines poll-book.) Mr. Wilson had 37 votes, Mr. Frederick had 53, and Mr. Plåtner 28, according to the poll-book.

Ques. 39. Then upon comparing the ballots you find that 1 too many was counted for Wilson, 10 too little counted for Frederick, did you?

(Judge Haddock objects to the question as leading.)

Ans. Yes, sir.

Ques. 40. Had any one been to the ballot-box examining or changing the ballots before the time in Dec. when you opened it and recounted the ballots in the presence of

the trustees?

(Same objection by Mr. Haddock as above.)

Ans. No, sir.

Ques. 41. Did that count compare with the count made to-day? If not, what was the difference?

(Mr. Haddock objects to the question as leading.)

Ans. I think we did not discover that Wilson received one more; we find a mistake in the 10 votes.

Ques. 42. Did you compare the Wilson vote at that time; did you look at the ballots for the purpose of seeing whether any mistake was made in the count of the Wilson votes at that time?-Ans. No, sir; only in the Frederick vote. The tickets were all looked over; that is, the Democratic tickets, and were just looking for a mistake in the count of the Frederick vote.

Ques. 43. At the time you opened the ballot box for the count in December, were the votes then strung on the string in the box?-Ans. Yes, sir; I think that they were. Ques. 44. Were the 10 extra votes you found for Frederick found strung on that string? Ans. Strung at the time of the election?

Ques. 45. Yes, sir.-Ans. Yes, sir.

Ques. 46. You may state how the ballots were counted at the time of the election, whether separately or in tens, describing the manner.—Ans. They were counted in fives, taking 5 straight tickets as far as they went straight, then afterwards taking them separate, when not straight; all that were straight through the State we took out in fives, five at a time.

Ques. 47. I will ask you if you made this paper or assisted in the making of it. (Showing the witness the paper which the witness examines.)-Ans. Yes, sir; that is my writing.

Ques. 48. When was that made?-Ans. That was made the day that the trustees made it my place to count the tickets.

Ques. 49. That is, for the recount?-Ans. Yes, sir.

Ques. 50. You say you didn't examine the Wilson votes to see how many he did have, if you remember?-Ans. Well they were all counted before there was any mistake found. Ques. 51. Any error discovered?-Ans. None in the Wilson count.

Ques. 52. Have these tickets in this box been changed or any new ones put in since the time of the counting on the 23d of Dec?-Ans. There has been no new ones put in to my knowledge. They were taken off the string and not put back again the second time that the box was opened.

Ques. 53. I will ask you if you made this paper for the purpose of correcting that re

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. 58. 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. 73. What office are you holding now?-Ans. I am assessor.

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. 77. Without being an officer?-Ans. Yes, sir,

Ques. 78. Where did you keep the box?-Ans. I kept it in my place of residence.

Ques. 79. In the kitchen?-Ans. No, sir; it has been in a small unoccupied room. Ques. 80. Any fire there?-Ans. No, sir.

Ques. 81. Tables?-Ans. No, sir.

Ques. 82. Any chairs?-Ans. No, sir; no chairs.

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.

Ques. 92. What door does open to it?-Ans. Kitchen.

Ques. 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 vote 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. your township for State officers was how many?-Ans. 128.

The total vote cast in

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. 108. I mean as made on that day.-Ans. It shows 118.

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.

(Witness does so.)

Ans. I have it.

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, 93 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. No, 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. 128. Where was it put?-Ans. It was taken to my place of residence.

Ques. 129. Who took it there?-Ans. I did.

Ques. 130. Who was with you?-Ans. No one.

Ques. 131. You took it to your home?-Ans. Yes, sir.

Ques. 132. It was then locked and the key put in your pocket? Ans. Yes, sir.
Ques. 133. It was not sealed?-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. 137. Who else as clerk?-Ans. Attorney Browning, as assistant.

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. 146. From whom?-Ans. Mr. A. J. Hershire.

Ques. 147. What are his politics?—Ans. Democratic.

Ques. 148. He is the editor of the Democratic newspaper here?-Ans. Yes, sir.

Ques. 149. Who is Palmer?-Ans. Democrat, to.

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. 152. He is a Democrat? -Ans. Yes, sir.

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 sup

posed 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

ees

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?

BROWN. Don't say tampering in the presence of Cone.

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