Ques. 87. Now, upon the matter of Wilson, you don't know whether he had 36 or 37-Ans. I am not positive, sir; as I said before, and to the best of my knowledge, he had either 36 or 37.

Ques. 88. Could you tell by looking at the book how many votes he had on the day of election? [Examines the poll-book.] Now, here is Wilson, now count the strokes.Ans. It is right here, 37.

Ques. 89. You see now, from looking at the book, that Wilson had 37 votes?-Ans. I say to the best of my knowledge he had 36 or 37; I see according to the book he had 37. Witness fee, $2.25, paid by contestant.

STATE OF IOWA,

Johnson County, 88:

DENNIS MALONEY.

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.

ARTHUR MEDOWELL, of lawful age, being produced and sworn in due form of law, testifies as follows:

Ques. 1. You may state your name, age, place of residence, and occupation.-Ans. Arthur Medowell; my place of residence is Iowa City; I am county auditor; my age is 40. Ques. 2. Are you the custodian of the poll-books made of the Nov. election, A. D. 1882, for the office of Representative in Congress for the 5th Congressional district of Iowa-that is, the poll-books for Johnson County?-Ans. Yes, sir.

Ques. 3. How many votes does the poll-books show were returned from Big Grove Township to the board of State canvasser; show many for James Wilson and how many for Benjamin T. Frederick?

(Judge Haddock, on behalf of contestee, objects to the question on the ground that the books are the best evidence.)

Please present the books to the notary for that purpose.

(Witness produces a certain book which purports to be a poll-book of Big Grove Township.)

Ques. 4. Please read the return.-Ans. Shall I give the total or the recapitulation? Ques 5. You may read the recapitulation.-Ans. At the election held at Solon, Big Grove Township, Johnson County, State of Iowa, on the 7th day of Nov., 1882, there were 243 ballots cast for the office of Representative in Congress for the 5th Congressional district: the number is left out, it is district, of which Benjamin T. Frederick had 172 votes, and James Wilson had 51, and David Platner 15. That is all. There was a change made in that, but I don't know anything about it. I am reading it as the board of supervisors counted it; that is all I am reading.

Cross-examination by Mr. JAMES WILSON, contestee:

Ques. 6. Does the book show changes or erasures?-Ans. Yes, sir; it does.

Ques. 7. What is the change in the case of the Wilson vote?-Ans. The change in the Wilson vote-you mean on the recapitulation?

Ques. 8. Yes, sir, that is what I mean.-Ans. It is hard to state, but there has been a change made there.

Witness examines the book with a magnifying glass. To the best of my knowledge the word six has been changed to the word one. It looks plainer with the glass than with the naked eye.)

Ques. 9. Does the official recapitulation correspond with the tally-list?-Ans. I think

not.

Ques. 10. Tell us what the tally-list shows.-Ans. Do you mean total or tally list? What is the total, or what is the tally-list?

Ques. 11. Now tell what it shows in totals, also tally-list.-Ans. As changed it shows 172 votes-51 votes for James Wilson; 51 for David Platner.

Ques. 12. Can you tell what it has been changed from in each case?-Ans. Yes, sir; I can give my opinion; that is all that I can give. In my opinion James Wilson's has been changed from 56 to 51.

Ques. 13. What do you call that?-Ans. A magnifying glass.

Ques. 14. Do you use a magnifying glass to determine? Ans. Yes, sir; I can't determine satisfactorily with the naked eye.

Ques. 15. Can you tell what the change has been in Frederick's?-Ans. It looks very

much as though it originally had been 4, but still it is not so plain as in the case of Wilson's.

Ques. 16. How about Platner's?—Ans. From 17 to 15; it now stands 15 as accepted by the board of supervisors.

Ques. 17. What do you make the change in the tally-list on the Wilson tally?—Ans. As it now stands they have erased it until it stands 51.

Mr. HADDOCK:

Ques. 18. What was it, Arthur, as near as you can estimate?-Ans. Pretty hard to estimate.

Ques. 19. (WILSON.) Give us your opinion about it.-(Examines it with glass.) Ans. There is a change of 4 or 5 votes, I could not tell which; whether any more I could not say.

Mr. HADDOCK:

Ques. 20. Was that change made by blotting or by scratching on the paper?-Ans. In this particular case here that has been done by erasing; that is on the tally-list with some instrument, I don't know what.

Ques. 21. How about on the totals?-Ans. That has also been erased by some instrument or eraser perhaps. The Frederick change has been made by eraser, for they have covered it up with ink. It looks like it was done by blotting, for ink covers up everything else as far as I can determine.

Subscribed and sworn to before me this 22 day of Feb., 1883.

85 cts. fees, paid by contestant.

STATE OF IOWA,

Johnson County, ss:

ELDON MORAN.

ARTHUR MEDOWELL.

Deposition of witness produced and sworn before me, Eldon Moran, a notary public and commissioner agreed upon to take testimony, on this 23d 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 & J. W. Cone appearing as attorneys for James Wilson, contestee.

ARTHUR MEDOWELL, 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. I am 40 years of age; county auditor; residence, Iowa City.

Ques. 2. Have you the poll-book in your possession of the returns of Cedar Township, Johnson County, to the board of supervisors?-Ans. Yes, sir.

Ques. 3. For the Nov. election, 1882, for the office of Representative in Congress?— Ans. Yes, sir.

Ques. 4. How many ballots are returned for the office of Representative in Congress for each of the candidates for that office? Give it as it appears on said book.-Ans. James Wilson, 37; Benjamin T. Frederick, 53; David Platner, 28.

Ques. 4. State if such was the vote that was abstracted and forwarded to the board of State canvassers of Iowa?

(Mr. Cone objects that secondary evidence and abstract of the votes forwarded to the auditor and secretary of state would be the best evidence.)

Ans. As canvassed by the board of supervisors, is all I can testify to.

BROWN. If you are not satisfied with the poll-book, we will send and get the other. Ques. 5. You may state it.-Ans. My opinion is that that was the number so canvassed and returned by the supervisors in this county-returned to the secretary of state. Ques. 6. Are you the custodian of that record?-Ans. Yes, sir.

Ques. 7. Give a transcript of the return of that section of the return of Cedar Township to the clerk to be attached as a report to the secretary of state to each of the candidates.Ans. Yes, sir; I will do so. (Presents paper Exhibit A.)

(Witness fee, $.85, paid by contestant.)

ARTHUR MEDOWELL.

EXHIBIT A.

To the hoard of Supervisors of Johnson Co., Iowa:

CEDAR TOWNSHIP, Dec. 13th, 1881.

We, the trustees of Cedar Township, have been requested to look over the ballots cast at the election held on the 7th of November, 1882, and find there is a mistake of ten votes cast in favor of Frederick. The trustees, in presence of clerk, at the clerk's office, certify that the above is a true return.

I, Eldon Moran, a notary public for Johnson County and commissioner agreed upon to take testimony in this cause, in pursuance of the annexed agreement, attached to the testimony of Jno. L. Adams, whose testimony was taken the 22nd day of Feb., 1883, do truly certify that on the 22nd day of Feb., 1883, in pursuance of the notice hereunto annexed, I took the depositions of the following witnesses: Jno. L. Adams, J. E. Adams, A. W. Benter, M. M. Corrigan, Jas. W. Douglas, Dennis Maloney, Arthur Medowell, whose testimony is set forth in the following manner: Each witness was first 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 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, 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; W. J. Haddock and J. W. Cone appeared as counsel for the contestee, James Wilson.

In witness whereof I have set my hand and seal hereunto notarially, this 22nd day of Feb., 1883.

ELDON MORAN,

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

No. 5.

No. 1.

Deposition of witnesses produced, sworn and examined in pursuance of the annexed notice at Mt. Vernon, in the county of Linn, and State of Iowa, at my office, before me, C. W. Kepler, a notary public in and for Linn County, Iowa, in a certain action now pending in the House of Representatives of the United States, wherein Benjamin T. Fredrick is contestant and James Wilson is contestee, on behalf of contestant.

W. G. POWER, of lawful age, being produced, sworn and examined on the part of the contestee, deposed as follows:

Int. 1. State your name, age, occupation, and place of residence.—Ans. W. G. Power, aged 38 years. Am a merchant, and reside in Mt. Vernon, Iowa.

Int. 2. Were you clerk of the election held in Mt. Vernon precinct, Franklin Township, Linn County, Iowa, held in Nov. 7th, A. D. 1882?-Ans. I was.

Int. 3. State if you have the ballot-box of that election for the precinct named in your possession.-Ans. I have.

Int. 4. State how the ballot-box has been kept since election and where?—Ans. It has been kept locked and setting on a shelf in my state, and in my possession.

Int. 5. State where the key has been kept.-Ans. In my pocket.

Int. 6. Does the ballot-box contain the same ballots that were cast at said election, and were they left strung in the box, or were they left loose?-Ans. It does. They are strung.

Int. 7. You may now, in presence of the notary and judges of election, open the box and count the ballots for Representatives in Congress, and state the number of ballots cast for each candiate for said office at said election.-Ans. The total number of votes cast was two hundred and sixty-five; of which James Wilson received one hundred and forty-five (145); Ben. T. Frederick, forty-three (43); and David Platner, seventy-six (76), and Ben. Frederick, one (1).

Int. 8. State who assisted you in making this count, and if you are satisfied the count you make this day is correct.-Ans. S. J. W. Carley, George Johns, two of the judges of said election, and M. K. Neff, the other clerk. I am satisfied the count made this day is correct.

Int. 9. Has the ballot-box been opened before to-day since you closed the same after canvassing the vote the 7th of Nov., A. D. 1882; and if so, when, and in whose presence? Ans. It has not been opened.

Int. 10. You may now give the duplicate poll-book of said election to the notary, so he can copy the return made by the judges and clerks of said election to the board of county canvassers for the office of Representative in Congress.

(Clerk reads from said duplicate poll-book as follows:)

"There were two hundred and sixty-four ballots cast for the office of Representative in Congress, 5th Dist., for which James Wilson had one hundred and forty-six votes, B. T. Frederick had forty-two votes, and David Platner had seventy-five votes. The tally sheet shows Ben. T. Frederick had forty-three votes, David Platner had seventyfive votes, and James Wilson had one hundred and forty-six votes. And the return made to the county board of canvassers shows same as tally-list.

"I certify that I have carefully examined the poll-book and tally-list, and find that the answers made by the clerk in relation to the returns made to the county board of canvassers are correct and true. C.

W.

KEPLER, "Notary Public."

Int. 11. What are the errors you find by the recount of ballots to-day in the return made as shown by the poll-book; and are you satisfied you did make an error or errors in the return and counting of the votes at said November election as a member of the board of canvassers for the office aforesaid?-Ans. There were one too many votes counted for James Wilson, and one too little for both Frederick and Platner. I am satisfied that error was made in the return of the election.

W. G. POWER.

Sworn to before me and subscribed in my presence by the said W. G. Power this 26th day of February, A. D. 1883. [SEAL.]

C. W. KEPLER, Notar Public in and for Linn County, Iowa.

S. J. W. CARLEY, of lawful age, being produced, sworn, and examined on the part of the contestant, deposed as follows:

Int. 1. State your name, age, occupation, and place of residence.-Ans. My name is S. J. W. Carley; age, 55; occupation, a merchant; and reside in Mt. Vernon, Iowa.

Int. 2. Were you one of the judges of election held at Mt. Vernon, Iowa, Nov. 7th, 1882, at which election the electors voted for member of Congress 5th district of Iowa ?— Ans. I was.

Int. 3. State whether you have, since you made a return of the canvass of said ballots of said election, again made a count of the ballots cast at Said election, and whether you found there was any error in said return made for the office of Representative in Congress; and, if so, what the error is, and how many votes each candidate as a matter of fact received for said office.-Ans. I assisted in the recanvass of the ballots for said office. I did not count the votes.

Int. 4. State if the appearance of the ballots found in the box to-day is in accordance with their condition in which they were left at the election after the canvass of the votes, and state if you left them strung and fastened at the time of the election canvass, and

how they were strung to-day when the box was opened.—Ans. To all appearances in the same condition as when placed in the box after election; they were strung on a cord, the bottom end of the cord was fastened with a knot, the other end was looped around a piece of paper.

S. J. W. CARLEY. Subscribed and sworn to before me, C. W. Kepler, a notary public in and for Linn County, Iowa, by the said S. J. W. Carley this 26th day of February, A. D. 1883. [SEAL.]

STATE OF IOWA,

Linn County, 88:

C. W. KEPLER,

Notary Public.

I, C. W. Kepler, a notary public in and for Linn County, Iowa, do hereby certify that in pursuance of the annexed notice I caused to come before me at my office in Mt. Vernon, Linn County, Iowa, on the 26th day of February, A. D. 1883, between the hours of nine and eleven o'clock of the same day, in the forenoon, E. Dudley, W. G. Power, M. K. Neff, S. J. W. Carley, and George Johns, witnesses named in said notice hereto annexed. W. G. Power and S. J. W. Carley were then by me duly sworn and examined, and their examinations reduced to writing, and after being by me read over to said witnesses the same were subscribed and sworn to by them, respectively, in my presence, and their said depositions are now herewith returned. And I further certify that Mr. Brown, of the firm of Brown & Carney, attorneys, was present and conducted the examination on behalf of the contestant, and M. P. Mills, esq., of the firm of Mills & Keeler, was present on behalf of the contestee, but did not see proper to cross-examine. [SEAL.]

C. W. KEPLER, Notary Public in and for Linn County, Iowa.

Fees as notary, including stamps, $3.35; paid by contestant's atty. (Indorsement:) Before the House of Representatives, U. S., Ben. T. Frederick, contestant, rs. James Wilson, contestee, depositions of contestant.

STATE OF IOWA,

Linn County, 88:

Deposition of witnesses produced and sworn before me, Eldon Moran, notary public and commissioner agreed upon to take testimony, and duly sworn by Eldon Moran, notary public for Johnson County, by agreement of contestee, on this 1st day of March, 1893, in the town of Viola, Linn County, 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 & Carney appearing on the part of contestant and M. P. Mills on part of contestee.

STATE OF IOWA,

Linn County, 88.

STEVEN C. BAILEY, being produced and sworn by Eldon Moran, a notary public of
Johnson County, by agreement of contestee, and examined before me, testifies as follows
(T. Brown appearing on part of contestant, and M. P. Mills on the part of contestee):
Q. 1. What is your name, place of residence, age, and occupation?-A. My name is
Stephen C. Bailey; I live in Viola, Brown Township, Linn County, Iowa.

Q. 2. Are you acquainted with Michael Donnahue?-A. Yes, sir; personally.
Q. 3. Do you know when he moved into Linn County ?—A. No, sir; not exactly.

Q. 4. Well, state as nearly as you can.-A. Well, some time in Oct. ; about the 3rd day,

I think; my boy hauled lumber down to him, where he built a house to move into.
Q. 5. Did he live in the county before that?-A. They say not.

Q. 6. Do you know whether he did or not?-A. Well, I don't know exactly; they say that he did not, but lived in Jones County.

Q. 7. That was the 3rd of Oct. ?-A. Yes, sir; or a little before.

Q. 8. How long before he built the house was the lumber hauled?-A. A short time before that.

Q. 9. Were you present at the Nov. election, '82?-A. Yes, sir, I was there most of the time.

Q. 10. Did you know whether Michael Donnahue voted or not?-A. I was not there at the time.

Q. 11. Did you say that Mr. Donnahue stated where he had been living; did he live here? A. Yes, sir; he said he was living in some house over there-well, it was in Jones County, anyway.

Q. 12. Well, whereabouts was it that he said that he had lived; in whose house; where it was?-A. I don't know whose house it was.