Q. 4. You may state what part you acted in the canvass of the votes in that election?-A. I sat in there and looked at them part of the time-part of the time I took in the tickets while Mr.was gone.

Q. 5. I mean in canvassing the votes, what did you do?-A. Most of the time I strung them-part of the time I read them.

Q. 6. Were the ballots strung on a string? A. Yes, sir.

Q. 7. Do you know whether any ballots were cast at that election-do you remember of any in which there was only partial tickets voted?-A. Yes, sir; I remember something of the kind, but not distinctly any State or Congressional.

Q. 8. Did it have any of the State officers upon it?-A. No, sir; my impression now is that it was only a township ticket.

Q. 9. Have you assisted since that election at any time in the recanvass of the tickets cast in Vinton Township for the office of Representative in Congress ?—A. Yes, sir; I did.

Q. 10. Did you find any discrepancies in the count, from what you found in the count at the time of the election; if so, state what it is?-A. Yes, sir; discrepancies of two in favor of Frederick for Congress against Wilson.

Q. 11. Did the tickets have the same general appearance as when left by you and placed in the ballot-box immediately after the close of the election?-A. I don't remember that I saw them in the box; I strung them and think that I gave them to Mr.; he put them in; I don't think I looked at them in the box.

Q. 12. Did they have the same general appearance as when you canvassed the votes? A. Yes, sir.

Q. 13. Have you recounted the tickets, and if so, how does it compare with the number of votes cast at the November election?-A. I don't remember just exactly what the number was; I did know.

Q. 14. Do you remember how many ballots were found in the box when you counted them-A. 17, 225, 399.

Q. 15. For whom were they cast -A. 399 for Wilson, 225 for Frederick, and 17 for Platner.

Q. 16. Did you assist in counting all the ballots which you found in the box to-day! -A. Yes, sir.

Q. 17. How many ballots did you find?—A. I don't remember now. (Paid, 85 cents by contestant.)

STATE OF IOWA,

Benton County, 88:

MATTHEW BROWN.

E. A. PYNE, being produced and sworn before G. W. Burnham, a notary public for Benton County, on this 27th day of February, A. D. 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, Nichols & Burnham on the part of contestee):

Q. 1. What is your name, age, place of residence, and occupation?—A. Residence, Vinton; professional printer; age 27.

Q. 2. Were you one of the clerks of the November election, 1882, in which the electors of Benton County, Vinton Township, voted for the office of Representative in Congress?-A. I was elected as one of the tallying clerks.

Q. 3. Did you attend such election as clerk?-A. As assistant clerk.

Q. 4. State who were present at that election, other than the officers of that election, that aided in the canvass of the votes on the evening of the election.-A. (Witness names judges and clerks.)

Q. 5. Who other than the judges and the clerks aided in the canvass of votes at the November election, 1882, for this precinct-A. Mr. Colcord; Messrs. Steadman and Traer acted as clerks part of the time.

Q. 6. Were they sworn officers of the election?—A. No, sir.

Q. 7. Do you know of any error that was made in the return of that election, so far as you know, in the counting of the votes for the office of Representative in Congress, in Vinton precinct?-A. Yes, sir.

Q. 8. State what the error was.-A. One was found in the vote for recorder.

Q. 9. I mean as to the office of Representative in Congress.-A. One was found at the time; there were two votes found afterwards; an error was found at the time in the recorder's votes; also a discrepancy in the vote for justice of the peace.

Q. 10. State what error was found for the office of Representative in Congress.-A. The error was found to be two votes.

Q. 11. You do not answer my question; state what the error was for Representative in Congress. How many did each candidate receive in fact; also, how many were returned for him?-A. Frederick received 225; Wilson, 339; the returns show Frederick, 225; Wilson, 401.

Q. 12. When did you first recount the votes; since the day of election ?-A. I could not state the exact time; some four or five weeks afterward.

Q. 13. Who assisted in the count?-A. Messrs. Whipple and Shunk.

Q. 14. Were there any votes taken out or changed in any way at the recount?— A. None.

Q. 15. Did you at any time change any of the ballots, or alter them in any way after the election?-A. I did not.

Q. 16. You may state if at any time of the election or afterwards, there were any errors made in the count as to other officers than the Representative in Congress, that you discovered at the time or since, there was found to be a discrepancy of one vote?-A. Between the tallies 10 votes for justice of the peace. Also a discrepancy was found to exist in the recorder's vote, which made a dfference of five votes.

Q. 17. Did you look over, after you found this discrepancy, to see whether there was an error made for the office of Representative in Congress, as to the candidates that were running?-A. We did not.

Q. 18. You may state if one Buren R. Sherman voted in Vinton Township at that election?-A. Yes, sir.

Q. 19. State if his vote was challenged by any one.-A. Yes, sir.

Q. 20. Who challenged him?-A. E. A. Pyne.

Q. 21. State whether he was required to swear in his vote?-A. He was not.

Q. 22. Did he vote?-A. He voted.

Q. 23. For whom did he vote for Representative in Congress; do you know?—A. I saw him take a Republican ticket off the table and pass it to the judge.

Q. 24. Where did Mr. Sherman live at that time; where was his home?-A. I think at Des Moines.

Q. 25. How long had he resided at Des Moines?-A. Several years; as Auditor of State, one year as citizen out of office, some little time as Gov. of the State. About one year out of office. I believe he owned property there, has a family there.

Q. 26. Has he a wife and children?-A. Yes, sir.

Q. 27. They lived with him at Des Moines during the time he lived there?-A. Yes, sir; nearly all of the time; he has visited here occasionally.

Q. 28. Has he any home in this township for the last three or four years to your knowledge?-A. He owned a house here some time ago, but sold it.

Q. 29. Did he live in that house?-A. No, sir; it was rented.

Q. 30. Do you know whether one John Shane voted at the Nov. election, '82 ?—A. Yes, sir; he did.

Q. 31. Do you know with what disease he was afflicted?-A. Paralysis.

Q. 32. Were you acquainted with him?-A. Yes, sir.

Q. 33. How often did you see him?-A. Several times after he could get around. Q. 34. He had formerly been afflicted with a stroke of paralysis; a leading citizen, was he not?-A. Yes, sir; he was.

Q. 34. You say he was generally regarded by the citizens of this town, at the time of the election, as being a man of unsound mind, or sound?-A. As of unsound mind. Q. 36. Do you know how he voted?-A. I saw him take a ticket; but I did not see the names on it.

Q. 37. What had been his politics ?-A. He is a Republican; he came in a few steps behind his son-in-law, who is a Republican.

Q. 38. You did not hear him say, at the time, how he voted ?-A. No, sir; I did not.

Q. 39. Did he give his name to the judge of the election ?-A. I failed to hear him give any name.

Q. 40. Do you know Joseph Arrowwood, of Taylor Township?-A. No, sir.

Q. 41. Do you know Samuel Lowe?-A. Yes, sir.

Q. 42. Where does he reside?-A. He is overseer of the poor-farm.

Q. 43. Do you know where John Yates resided in Nov. '82-A. No, sir; I don't.

Q. 44. Do you know a man by the name of L. M. Burrows?-A. Yes, sir; by sight.

Q. 45. You are acquainted with him?-A. Slightly.

Q. 46. How long have you known him?—A. I have seen him for some years.

Q. 47. In what township does he live?-A. Vinton.

Q. 48. Did he vote at the Nov. election '82?-A. Yes, sir; he did.

Q. 49. Do you know for whom he voted?-A. I don't.

Q. 50. What is the mental capacity of Mr. Burrows, do you know?—A. I could not state from actual knowledge.

Q. 51. State any other fact within your knowledge you may deem a benefit to the contestant in this case.-A. That is about all that I know in regard to it.

Cross-examination :

Q. 52. You stated that you were well acquainted with John Shane ?-A. Yes, sir. Q. 53. How long have you known him?-A. Ever since I was big enough to know anybody.

Q. 54. Do you know what public offices he has held within the last ten years?-A. Yes, sir; some of them,

Q. 55. What public position has he held?-A. Senator and judge.

Q. 56. Senator from where?-A. State senator.

Q. 57. And district judge?-A. Yes, sir.

Q. 58. Do you know v.hether he had any profession or not?—A. Yes, sir.

Q. 59. What was it?-A. Lawyer.

Q. 60. Do you know anything from reputation as to his standing at the bar?—A. Yes, sir.

Q. 61. What was it?-A. Good.

Q. 62. Do you know what his reputation was as a judge?—A. I have always heard that it was good.

Q. 63. Do you know anything personally about his mental capacity?-A. I only judge from seeing him.

Q. 64. How could you tell from seeing him?-A. I could tell considerable difference before and after.

Q. 65. In what way ?-A. In all ways.

Q. 66. State in what particular regard you saw a difference.-A. He was incapable of talking-at that time he was nearly incapable of talking.

Q. 67. His power of speech was affected, was it not?—A.” Well, I suppose that is one of the points.

Q. 68. Did you know that his mind was affected?-A. As a medical expert, I don't. Q. 69. Answer as a matter of fact.-A. I consider of my own knowledge that he was injured mentally.

Q. 70. Now, to what extent?-A. I could not say that.

Q. 71. Was he injured to such an extent that he would not know for whom he was voting-A. Well, I could not say as to that; I should judge that he was a man of unsound mind at the time.

Q. 72. Would you not judge that a great many men that voted then were men of unsound mind?-A. A man who has been judge and senator is supposed to be a man of very sound mind; then when badly afflic ed mentally there would be a great difference; you could distinguish a man who never had such standing.

Q. 73. Now, take an ordinary man; your judgment is that Judge Shane had a mind as strong as an ordinary man.-A. No, sir; not by any means.

Q. 74. A little below mediocrity-A. Yes, sir; quite a ways below.

Q. 75. Now, fix the standard of unsoundness; you say a good ways below; now fix it.-A. I did not say I could fix any standard.

Q. 76. Was he able to get about by himself?-A. Yes, sir; tottering some.

Q. 77. Answer my question. You know whether he was or not.-A. At that time, I don't know; I think he walked on the street alone.

Q. 78. Did he not come down from his residence and come back alone?-A. I don't know whether he did, at the time, or not. He came there with Mr. Cooper.

Q. 79. He came in when Mr. Cooper did?-A. Yes, sir; Mr. Cooper was a little ways ahead.

Q. 80. Did that indicate unsoundness, for him to come a little ways after his son-inlaw?—A. That would not be very much of an indication.

Q. 81. Suppose he had followed you in; would that have been an indication of unsoundness?-A. He came more like a child than a man.

Q. 82. In what way did he come in like a child?-A. Tottering and weak.

Q. 83. He had been sick, had he not?-A. He had received a paralytic stroke.

Q. 84. When ?-A. Some time before.

Q. 85. Was it not in July ?-A. It might have been that long ago.

Q. 86. Was it not as early as the middle of July?-A. I think, about that time.

Q. 87. He was confined to his house for some time, was he not?-A. Yes, sir.

Q. 88. Then he got so that he was able to get out?-A. Yes, sir.

Q. 89. And able to talk to people?-A. Only slightly.

Q. 90. His power of speech was affected was it?-A. Well, I don't think that he was able to talk on all subjects as well as before, by any means; he was flighty and of unsound mind.

Q. 91. Did you ever meet him personally?-A. Yes, sir.

Q. 92. Did he recognize you?-A. He knew my face.

Q. 93. Spoke to you, didn't he?-A. I never heard him speak my name.

Q. 94. He passed the usual compliments, didn't he?-A. He just shook hands, that is all.

Q. 95. Did you ever hear him speak since he had the attack in the summer?—A. I heard him try to say a few words.

Q. 96. Do you know whether he was capable of choosing for himself on the day he voted-for whom he would vote?—A. I should judge him to be a man of unsound mind.

Q. 97. That is not the question at all. I want to know whether he was capable on that day of choosing for himself, as between two men for whom he would vote?-A.

I don't think he would have paid any attention-he would not have been around of his own accord.

Q. 98. That is no answer to my question.-A. No, sir; I don't.

Q.99. Now, sir, on what basis do you form that opinion?—A. His general actions and looks.

Q. 100. Do you think he knew the difference between the Democratic and the Republican tickets?-A. I could not say.

Q. 101. Do you know whether he voted the Democratic or Republican ticket ?—A. No, sir, I don't.

Q. 102. What was there about his looks that would induce you to believe that he did not know for whom he voted?-A. His general debility.

Q. 103. Don't you think, possibly, that he got hold of a Democratic ticket, and voted for Frederick?-A. No, sir; not with Cooper walking along with him.

Q. 104. You did not see Cooper give him any ticket?-A. No, sir.

Q. 105. Do you know who Cooper voted for?-A. No, sir.

Q. 106. Didn't you know that Cooper had always been a Democrat?-A. No, sir. Q. 107. You do not know what ticket be voted?-A. No, sir; I know what he talks. Q. 108. You do not know what ticket he voted for Representative in Congress?—A. No, sir.

Q. 109. Do you know where Shane got his ticket?-A. No, sir.

Q. 110. Didn't pick it up here ?-A. No, sir.

Q. 111. Do you know how he came to go to the election?-A. No, sir.

Q. 112. Do you know where he resides now?-A. I think that I know.

Q. 113. Where is it?-A. In the best part of town here.

Q. 114. Have you seen him lately?-A. I saw him on the streets two weeks ago.

Q 115. He is getting a good deal better, isn't he?-A. I have not seen him to talk with him; he walks as though he was suffering some yet.

Q. 116. He is much the same?-A. The same.

Q. 117. He is able to attend here as a witness?-A. I do not know whether he is or

not.

Q. 118. You do not know whether he would be able to get down town or not?-A. No, sir.

Q. 119. You are not a physician?-A. No, sir.

Q. 120. Have you heard anything particular on that subject?—A. No, sir.

Q. 121. Did you ever read a scientific work on the subject of paralysis?-A. No, sir. Q. 122. Do you know how it affects the mind?-A. No, sir.

Q. 123. Do you know whether it is true or not, that persons may be deprived of speech without affecting the mind?-A. I don't know.

Q. 124. Then you know not the condition of his mind, excepting as you guess?—A. I know by his looks and talk.

Q. 125. I thought you stated that you never heard him talk any ?-A. I heard him try to talk some time ago, but not recently.

Q. 126. Had you heard him try to talk before the election?-A. I think I had; I met him on the street before that.

Q. 127. Did you hear him try to talk?-A. Yes, sir.

Q. 128. Where was it?-A. Right at the foot of the stairs where I work.

Q. 129. With whom was it?-A. Myself.

Q. 130. Upon what subject were you talking?-A. No particular subject, I guess Q. 131. Were you trying to talk upon any subject of importance?-A. I asked him how he was getting along, something like that.

Q. 132. What did he say ?-A. I couldn't recollect.

Q. 133. Didn't he say he was getting better?-A. He was injured in his speech so that he could not carry on a conversation.

Q. 134. Did you try to carry it on?—A. No, sir; for I saw he could not.

Q.135. Did you try to carry on a conversation with him at all?—A. I think I stated about what I said.

Q. 136. All you said was about asking for his health?-A. Well, I think probably that is about all.

Q. 137. You didn't try to carry on another conversation, or to suggest another, did you?-A. Well, I think that I found by his reply

Q. 138. How do you know that he could not converse on any other subject if you didn't try to converse with him?-A. I judged by his inability to recollect speech. Q. 139. That he didn't know what he was talking about?-A. No, sir; I didn't judge that.

Q. 140. Do you think that he didn't know you?-A. No, sir; I thought that he knew me; I thought so then.

Q.141. Now about Buren R. Sherman. Do you remember when he first went to Des Moines to live?-A. Why, I don't remember the exact time.

Q.142. Did you know him before he went to Des Moines? Do you know of his having been clerk of the courts of Benton County?-A. Yes, sir.

Q. 143. For about how many years?-A. Seven or eight years.

Q. 144. He was elected State auditor in 18757-A. Yes, sir; about that time.

Q. 145. Didn't he consider his home in Vinton after he was elected State auditor?A. Well, sir, I don't know; he had lived there for a number of years. His family had lived there also.

Q. 146. He had a wife and children, hadn't he?—A. I believe that is right.

Q. 147. Now, when he went to Des Moines didn't he move his family to Des Moines?—

A. I don't know whether his family went with him or not.

Q. 148. You know of his being State anditor?-A. Yes, sir.

Q. 149. Did he enter upon the office of auditor at the time he left Vinton?—A. I think in January.

Q. 150. Did he leave Vinton for that purpose?-A. I did not hear then.

Q. 151. What is your impression?-A. I think that he left here to assume the duties of that office.

Q. 152. Do you know how long he was State auditor?-A. I think two terms.
Q. 153. Do you know where he voted at that time?-A. No, sir; I don't.

Q. 154. Don't you know that he came home every general election to vote?-A. I think sometimes. I don't know; he wasn't home every general election.

Q. 155. Didn't he claim this as his place of residence?—A. I don't know; he must have, for he came here to vote.

Q. 156. Is not that what you heard reported? A. I know that he came here to vote several times.

Q. 157. Didn't he claim this as his home?-A. I believe so.

Q. 158. The same year his term expired he was candidate for governor, wasn't he? -A. Yes, sir; along there, late in that year.

Q. 159. I mean now, during the year next succeeding his term of office as auditor, wasn't he a candidate for governor?-A. I think that he went canvassing as soon as he got through with the auditor's office. I think that he was here at different times to visit his family.

Q. 160. Don't you know that he claimed this as his home?-A. I knew that he had a house and lot, and had two children attending the public schools.

Q. 161. Do you know that his children attended the public school in Des Moines? -A. No, sir; I didn't know that.

Q. 162. Don't you know that he claimed this was his home?-A. No, sir; I don't know whether he did or not.

Q. 163. Didn't he claim that on the day of his election?-A. I believe that he claimed this as his home.

Q. 164. Didn't he claim that he had been in the Army -that he had lived here many years, and ought to be allowed to vote without being challenged?-A. No, sir; I didn't hear him say that.

Q. 165. Well, what was the substance?-A. I think that he claimed that this was his voting place. He seemed to be surprised to be challenged.

Q. 166. Didn't he say that he expected to come back here to live after his official life closes?-A. No, sir; I don't remember of his saying that.

Q. 167. Do you know, as a matter of fact, bona-fide, that when his term of office closed he intended to return to Vinton ?-A. I don't know that he calculated to come back here; I don't know that he knew what his calculations were.

Q. 168. Do you know anything about what his intentions were?-A. I don't know; I never heard him say.

Q. 169. Do you know if he intended to return to Vinton to make it his home after his term of office expired?—A. He might have, so far as I know.

Q. 170. Then you don't know where his local residence was last November, do you? -A. I know where I thought it was.

Q. 171. I ask you if you do know where his local residence was?—A. I don't know; that is a question for the law to decide.

Q. 172. Now I want to know where his local residence was.-A. That is all I know; I am not thoroughly enough acquainted with the law to know.

Q. 173. Well, do you know where his local residence was? You may answer it in that way if you want to.-A. So far as my best knowledge of the law is concerned, I think that his local residence was in Des Moines.

Q. 174. Now, upon what do you base that; give us your best knowledge of law on that subject?-A. During the year, while out of office, his family still lived in Des Moines. He had furniture there, because his family lived there at least a portion of the time. They visited here, I think, during the year. His children were there a portion of the time at least. He did not come here and enter into any business whatever. He was here only a small portion of the time, a very small portion of the time. Then, further, from the information I have received, his children attended the public schools in Des Moines. He refused to pay any fee for their attendance there, claiming that his residence was there.

Q. 175. Do you know that he made any such claim?-A. That is what I said.