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Cross-examination : Q. 9. How do you know that you voted for Frederick; did you see his name on the ticket I-A. Yes, sir.
Q. 10. Was it printed on 1-A. Yes, sir.
Q. 11. You read it, did you l-A. I could not read it. I had a brother-in-law here, he voted for hiin too.
Q. 12. That is not the question. Did you read the ticket, and the name on the ticket 1-A. I could not read the name. I can't read English.
Q. 133. Do you know any name on the ticket I-A. I know that I voted for him.
Q. 14. How do yon kuow that you voted for him if you could not read it; how do you know 9-A. My brother-in-law said he was a good man.
Q. 15. How did you know you voted for him if you could not read I-A. He sbowed it to me.
Redirect: Q. 16. Who is he -A. A. J. Trode. ($1.25 paid as fee by contestant.)
FRITZ KUCK. STATE OF Iowa,
Benton County, 88: MARTIN KAIBACH, being produced and sworn before G. W. Burnham, potary public for Benton County, on this 14th day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, Nichols & Burnham on part of contestee):
Q. 1. What is your age ?-A. I will be 27 in May.
Q. 2. How long have you lived in Benton County 1-A. I believe it will be 16 years this spring.
Q. 3. In what township do you live 1-A. Homer Township, Benton Co., Iowa.
Q. 6. For whom did you vote for office of Representative in Congress 1-A. For
Cross-examination : Q. 8. What ticket did you vote, Democrat or Republican 1-A. Democratic ticket. Q. 9. Are you a Republican or Democrat 1-A. I claim to be a Democrat.
Q. 10. How long have you voted that ticket !-A. I never voted another as long as I have voted.
Q. 11. Did you know any names that were on that ticket -A. The particular name that I looked at was Frederick's, and there was another name on the ticket, McAllister, I think.
Q. 12. Was Smock's name on that ticket 1-A. No, sir; it was McAllister's.
MARTIN KAIBACH. STATE OF Iowa,
Benton County, 88 : JOHN SCHEEL, being produced and sworn before G. W. Burnham, a notary public for Benton County, on this 14th day of March, 1883, and examined before me, testities as follows (T. Brown appearing on the part of contestant, Nichols & Burnhain on part of contestee):
Q. 1. How old are you ?-A. 42 years.
Q. 2. In what county, township, and state do you live?-A. Homer Township, Benton County, Iowa.
Q. 3. How long have yon lived there 1-A. Three years.
Q. 5. For whom did you vote for Representative in Congress 1--A. Democratic ticket.
Q. 6. Who gave you that ticket !-A. Fred. Hanson.
0. 7. Did you vote for Benjamin T. Frederick as Representative in Congress 1-A. I cannot say for sure whether Frederick's name was on or not.
Q. 8. Did you think you were voting the clear Democratic ticket 1-A. Yes, sir.
Mr. Hanson a Democrat or Republican -A. He says that he don't know whether he is a Democrat or Republican.
Q. 10. Do you know what names were on the ticket 9-A. I think Frederick's.
Q. 11. Do you know whether any other names were on the ticket!-A. He says that he thinks there were other names on the ticket.
Q. 12. What other names were on the ticket?-A. He says that he cannot tell from his knowledge.
Q. 13. Ask him if James Wilson's name was on the ticket I-A. No, sir; it was not. Q. 14. Did you vote for Smock 9-A. No, sir; I can't say, for sure. ($1.13 paid as fee.)
JOHN SCHEEL. STATE OF IOWA,
Benton County, 88: RHINEHART SCHEELHASE, being produced and sworn before G. W. Burnham, a notary public for Benton County, on this 14th day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, Nichols & Burnham on part of contestee):
Q. 1. Do you reside in Homer Township, Benton County, Iowa ?-A. Yes, sir.
Q. 4. For whom did you vote for the office of Representative in Congress !-A. Well, I voted for Frederick.
Q. 5. From whom did you get your ticket I-A. That is something that I don't know. Smith gave me one, and Collins gave me one, and I don't know which one I voted.
Q. 6. You know that you voted for the Democratic candidate for Congress, Mr. Frederick I-A. Yes, sir.
Q.7. Was it your intention so to vote? You wanted to vote for Mr. Frederick, did you not 1-8. Yes, sir; that is it.
Q. 8. What did 'Smith tell you about the ticket he gave you as to its being a Democratic ticket? Did he tell you that it was a Democratic ticket 1-A. Yes, sir; he said it was a Democratic ticket.
Q. 9. Did he tell you that it was a straight Democratic ! And you voted a ticket with Wilson's name on it? Did you intend to vote for Frederick 1-A. Yes, sir.
Q. 10. You can't be positive which ticket you voted 1-A. No, sir; I can't.
Q. 11. You are positive that Smith told you they were both alike?-A. Yes, sir; I know that.
Q. 12. And you read the ticket 1-A. Yes, sir; I can read it.
Q. 14. Was Mr. Frederick's name on the ticket that you voted? Can you read English ?-A. Yes, sir; I can read tickets well enough. I can read a little English.
Q. 16. Was Frederick's name on the ticket you voted? You don't read English very well. You can read English newspapers ?--A. Yes, sir; a good deal.
0. 16. You can read them very"
dial anless it was a bogus ticket; that no told you it was a Democratic ticket? You know that you intended to vote for Frederick anyway?-A. Yes, sir; I intended to vote for him whether that was the ticket or not.
Q. 18. If bis name was not on the ticket they deceived you?-A. Yes, sir. (75 cents paid as fee by contestant.)
R. SCHEELHASE. STATE OF Iowa,
Benton County, 88: I, Eldon Moran, a uotary public and commissioner agreed upon to take testimony in this cause, in pursuance of the annexed agreement attached to the testimony of J. L. Adams, whose testimony was taken 22d day of Feb., 1883, do truly certify that on the 14th day of March, 1883, in pursuance of the notice hereunto annexed, I took the depositions of the following-named witnesses: Dan McGraw, Michael Donnelly, John Coan, John Kirchner, Henry Schaffer, Peter Madison, Thos. Collins, Theis Seeck, Jacob Boge. Geo. Mehr. Jarnes Lynch, Claus Kirchner, Thos. Donnelly, F.C. Byers, John Lynch, J. Struck, F. Kuck, M. Kaibach, J. Schuel, R. Schellhase, whose testimony is set forth in the following manner: Each witness way by my duly sworn or caused to be sworn in ipy 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'ye; and the question by me read to the witness, who answered the same, and his answer by me in the language of the witness taken down under each question propounded, and reduced to writing till the deposition was completed.
I further eertify 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; G. W. Burnham appeared as counsel for James Wilson, contestee.
In witness whereof I have set my hand and seal notarially this 15th day of March, 1883. (SEAL.]
And Commissioner agreed upon to take testimony. UNITED STATES OF AMERICA,
State of Iowa, Benton County, 88 :
You are hereby notified that at the office of F.J. Pyne, in Vinton, and before Eldon Moran, a notary public and commissioner agreed upon to take testimony in 5 Congressional dist., State of Iowa, on 15 day of March, A. D. 1883, at 2 o'clock p. Di., your contestant, Benjamin T. Frederick, will take the testimony of the followingnamed witnesses, residing in Cedar Township, in Benton County, Iowa: Henry Lamb and A. Kile; also residing in Vinton, E. M. Evans, whose testimony, when so taken, and at the proper time, will be read in evidence before the House of Representatives of the United States, in the contest of your election as a member of the House of Representatives, between Benjamin T. Frederick, contestant, and you, James Wilson, respondent or contestee. Dated at Marshalltown, this 15 day of March, A. D. 1883.
BENJAMIN T. FREDERICK,
His Attorneys and Counselors.
NICHOLS & BURNHAM,
Att'ys for Contestee. STATE OF Iowa,
Benton County, 88: Depositions of witnesses produced before me, Eldon Moran, notary public and commissioner agreed upon to take testimony, and duly sworn before G. W. Burnham, a notary public for Benton County, Iowa, on this 15th day of March, 1883, in pursuance of the notice hereunto attached, in a proceeding pending before the House of Representatives of the United States of America, in a contested election for the ottice of Representative in Congress, in which proceeding Benj. T. Frederick is contestant, and James Wilson contestee. The following testimony was taken before me:
STATE OF Iowa,
Benton County, 88 : H. G. LAMB, being produced and sworn before G. W. Burnham, notary public for Benton County, on this 15th day of March, 1883, and examined before me, testifies as fol. lows (T. Brown appearing on the part of contestant, and Nichols & Burnham on the part of contestee):
Q. 1. What is your age ?-A. 27 years.
2.3. What is your place of residence ?-A. Mount Auburn, Cedar Township, Benton Co., Iowa.
Q. 4. Were you one of the clerks of the November election, in 1882, in Cedar Township, Benton Co., Iowa, in which the electors voted for the office of Representative in Congress -A. I was.
Q.5. Have you the ballot-box in your possession, as such officer, at the present time? -A. Yes, sir.
Q. 6. You may state how the ballot-box was kept since the election !-A. I took the ballot-box, when we closed the polls, to our store, across the street, and put it under the counter; it has been there ever since the election.
Q.7. Did you put anything on top of it 9-A. Yes, sir; the books.
Q. 10. Was this box put under the front side or back side of the counter?-A. Back side.
Q. 11. Who has access to the box but yourself? anybody? what clerks are in your store but yourself?-A. I have no clerks.
Q. 12. Have you assisted in the counting of the votes for the office of Representative in Congress; did you assist in counting the ballots in the presence of Mr. Burnham, Mr. Wilson, and Mr. Frederick I-A. Yes, sir.
Q. 13. How many did you find for the office of Representative in Congress for each of the candidates!
(Contestee objects, because it has not been proven that the ballots have not been interfered with, and that these are not entirely different votes voted at the November election.)
Q 14. Now, how many votes did you find in the count to-day?-A. Wilson had 123.
Q. 20. How many votes were there received as shown by the poll-books?--A. 196, I think.
Q. 21. You may state whether there was any ballots other than in the box cast at the election; state whether any ballots bave been disturbed since the election 1-A. Not to my knowledge.
Q. 22. Was not there a controversy there at the time as to whether the ballot had Frederick's name on it or not?-A. No, sir; not to my knowledge.
Q. 23. I will ask you if there was any Democratic ballot with the township ticket, and whether you had a controversy in regard to counting at the election; whether there was a Democratic ballot found in the box in the evening of the canvass, after the election, with a township ticket attached, that the parties had a controversy as to whether it should be counted or not?-A. There was a ticket there, and there was a question about it, but I didn't think there was a township ticket attached to it.
Q. 24. What kind of ticket was that, and is that ticket in the box ?-A. I don't know; my understanding is that there was a Democratic ticket; that there was a county and township ticket torn off from the State ticket.
Q. 35. Did that ticket have a Democratic name on it 1-A. I don't know.
Q. 27. How did you find the ballots as to their having been strung, whether they were strung or pot 1-A. Yes, sir; they were.
Q. 28. I will ask you did you leave them strung on the night of the election 1-A. They have been strung until to-day.
Q. 29. Did the ballots have the same general appearance they bad on the night of the election when they were put in the box ?-A. Yes, sir.
Q. 30. I will ask you, when you took the box away, whether it showed any appearance of having been disturbed when you took it from under the counter to-day?-A. No, sir; it did not.
Q. 31. What appearance, if any, did the box show that it had been disturbed !A. Well, from the books I put on top of it.
Q. 32. Did it have the appearance of any dust having settled upon it?-A. Yes, sir; there was some dust; I took the duster and dusted it off.
Q. 33. Now, was there a Democratic ticket that two of the judges took out of the box and voted not to count, and one of the judges voted that it would count 1-A. Yes,
Q. 34. Did that have Frederick's naine on it for Congress 1-A. I do not know.
Q. 35. It was a Democratic ticket, was it?-A. That was my understanding; I did not see the ticket or read ir
Q. 36. That makes a difference in the number of tiekets found in the box to-day, doesn't iti-A. Yes, sir, I think so.
Q. 37. That ticket was not string on the day of the election 1-A. I do not know.
Q. 38. Did you keep the tally when the count was made on the day of the election I-A. Yes, sir.
Q. 39. Have you one of the poll-books of Benton Co. in your possession ?-A. Yes, sir.
Q. 40. Is it here!-A. Yes, sir; it is.
Q.41. You may take the poll-book and state how many votes were cast at the November election, 1882, as shown by the list of voters ?-A. 196.
Q. 42. State how many votes, as shown by the tally-list, as being cast for Benj. T. Fredericki-A, 60.
Q. 43. How many for James Wilson ?-A. One hundred and twenty-three.
H. Mis. 22— 19
the office of Representative in Congress; read so that the commissioner may take it down.
(He reads it.)
À. For the office of Representative in Congress, 5th district, there were 190 ballots cast, of which James Wilson had 123, Benj. T. Frederick had 60, and David Platner had 7.
Q. 46. Upon the recount of the votes you find au error of one ballot less than were returned for Mr. Wilson, did you noti-A. Yes, sir, I believe so; ope less.
Cross-examination : Q. 47. You also fiud on the recount one less number of ballots than there were persons voting on the day of the election, didn't you l-A. Yes, sir, I think so.
Q. 48. In taking the number of votes for Wilson, the number of votes for Frederick, the number of votes for Platner, and the number of blanks upon which the voter has shown by the ticket he didn't vote for Congressman, their sum makes one less than the number of voters on the day of the election, does it not 1-A. I haven't added them up; I have counted them but not added them up.
Q. 49. Please do so as shown by the count to-day.-A. I find one vote short. 2. 50. You also find one vote short for Wilson, by the return made 1-A. Yes, sir.
. 51. Didn't you conclude then that the ballot that is lost, that does not appear as a vote for Wilson and inakes this error 1-A. Yes, sir, I do; I thiuk that that vote was counted for Mr. Wilson.
Q. 52. If that vote was here it would make the number of ballots correspond with the number of persons voting, would it not 1-A. Yes, sir; if that vote was counted; that vote has been counted, has it not!
Q. 53. No, sir; I am not talking about that now.-A. I understand you now; if that vote was counted, it would make the ballots correspond with the poll-book.
Q. 54. It would make the number of votes for Wilson as he has returned in the returns of the election.-A. It would not change it any.
Redirect: Q. 55. What vote do you mean, that the last ballot voted was a Republican ballotiA. I don't know which one was last.
Q. 56. Or did you mean that if this vote was scratched and counted for Wilson he would have one more l-A. I think that that one vote was counted for Wilson.
Q. 57. That the vote that you now referred to the commissioner, which at the election was counted for Wilson and have it marked exhibit, now is this the ballot, the one you believe to have been counted on the day of the election for Wilson ?-A. I think that it is.
Q. 58. And the vote that is short from the box was Democratic ballot; would you remember iti-A. That is my understanding of it.
Q. 59. You may now present the ballot to the notary and have it attached and made a part of this return in this matter, and have it marked Exhibit“H."-A. We have already used “H.”
Q. 60. There was a Democratic ballot thrown out on the day of the election, was not there 1-A. Yes, sir.
Cross-examination: Q. 61. When you speak of the absent ballot being the one that was counted for Wilson, you had reference to this one being erased marked just now, and placed on evidence-A. I think that is the one we had some ques. about whether or not it was soratched.
Recross-examination: Q. 62. Do you know to your own knowledge whether or not the ballot now as an exhibit was counted for James Wilson ?-A. I do not.
Q. 63. Now do you know what name for Congressman was upon the ballot tbat was thrown out as you have testified ?-A. I do not know.
Q. 64. In this the particular ballots found to-day upon the count taking into account these blank ballots make one less than the number of names upon the pollbook, and you also find one less for Mr. Wilson to-day than you found when you made the count on the day of the election the return by you as clerk, did you not agree that the ballot that was thrown out to have Ames Wilson's name on it for Congress 1-A. I can't say as to that; I don't know what name was on.
Q. 65. If it had it would make his vote the same as the return by you, would it not 1-A. Yes, sir.
Q. 66. It would take tbis ballot, would it not, to equal what you found in the ballot-box 1-A. Yes, sir; it would take that one.
Q. 67. Taking thie one out from among the blanks leaves this one short, does it not 1-A. Yes, sir; I think that it does.
Q. 68. Who handled the ballots that were counted on the day of the election 1-A.