Q. 8. Did you vote for James Wilson for Representative in Congress ?—A. Yes, sir, I did, for his name was on the ticket. Q. 9. Did you look at the ticket?-A. Yes, sir. Q. 10. Were you engaged in any kind of business while away; and, if so, what?— A. Yes, sir; cooking. Q. 11. In New Mexico?-A. No, sir; not there all the time. Q. 12. Out of the State of Iowa?-A. Yes, sir. Cross-examination: Q. 13. You regard this your place of residence?-A. Yes, sir; always did. Q. 14. You have never made a residence anywhere else?-A. No, sir. Q. 15. Never performed any act away from here that would interfere with your residence here?-A. I do not understand that. Q. 16. No, sir; only when I was in the army. Q. 17. Do your parents live here?-A. Yes, sir; they live here. Q. 18. Are they in your charge, or are you in their charge? Do you make your home with them ?-A. Yes, sir; I do. ($0.85 paid as fee by contestant.) STATE OF IOWA, Lowa County, 88: J. B. LYON. ED. TUCKER, being produced and sworn before A. J. Morrison, notary public for Iowa County, on this 8th day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant and A. H. Simpson on the part of contestee): Q.1. What is your name, age, and place of residence, and occupation?-A. My name is Ed. Tucker; live in Marengo, Iowa, and am a farmer, and my age is 53 years old. Q. 2. You may tell if you have held, or now hold any official position in Iowa County, in 1882, when James Wilson, and B. F. Frederick were voted for, for the office of Representative in Congress, 5th district?-A. Yes, sir. Q. 3. Did you help canvass that day?-A. Yes, sir; that night. Q. 4. Did you help canvass them to-day again?-A. Yes, sir. Q. 5. In your opinion are these the same tickets you canvassed that time?—A. I should not know but what they were, they look like them. Q. 6. Do you not see any alteration about them that you know of?- A. No, sir; that double ticket looks as though it had been open and folded up a great many times. Q. 7. You handled it that night then; opened it and folded it ?-A. Yes, sir. Q. 8. Do you remember whether that co, ticket was voted alone or with another ticket?-A. It is my impression that it was folded inside of another ticket-the State ticket-but I might be mistaken about that. Q. 9. Had you ever heard Mr. Ernet announce positively that his was folded inside of another ticket?-A. To the best of my ability to see, I should think it was; Mr. Swaney counted the tickets out; I did not take so particular observation as if I had counted them myself. Q. 10. Swaney counted them out?-A. Yes, sir. Q. 11. Took them out of the box, you mean?-A. Yes, sir. STATE OF IOWA, Iowa County, 88: ED. TUCKER. A. M. HENDERSON, being produced and sworn before A. J. Morrison, notary public for Iowa County, on this 8th day of March, A. D. 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, A. H. Simpson on part of contestee): Q. 1. What is your name, age, place of residence, and occupation ?—A. A. M. Henderson; age, 33; residence, Marengo; occupation that of cashier in a bank. Q. 2. Did you reside in Marengo in Nov., 82?-A. Yes, sir. Q. 3. What official position did you hold at the time, if any?-A. Township clerk. Q. 4. Marengo Township?-A. Yes, sir. Q. 5. Were you in attendance at the election held in Marengo on the 7th of Nov. last-A. Yes, sir. Q. 6. Act as township clerk there?-A. Yes, sir; I did. Q. 7. Did you take into your custody the ballots and poll-books of that election ?— A. I did. Q. 8. Have they been in your charge ever since the election ?-A. Yes, sir. Q. 9. How have they been kept?-A. Kept in the ballot-box. Q. 10. Was the box locked all the time?-A. Yes, sir. Q. 11. Where is the ballot-box and ballots ?-A. They are here (witness produces the box). Q. 12. Will you please produce the ballots; and you may, assisted by two of the trustees, recount the ballots for Representative in Congress for Nov., 1882. (Assisted by Messrs. B. F. Reno, Ed. Tucker, J. S. Swaney, recounts the votes.) Q. 13. I will ask you now if you have recounted the ballots cast at the Nov. eleetion last for Congressman, and also what the result is, and how it compares with the tally-list made at the time of the original canvass in Nov.? (Contestee objects to the question for the reason that it has not been shown that the ballot-box was preserved inviolate, and that these were the identical ballots cast at the election.) A. The result of the present count for Wilson, 263; for Frederick, 211; for Platner, 24; it differs from the original count in Frederick only, which was 209 according to the original count. Q. 14. Now, I will ask you if you are satisfied that these are the same ballots that were cast at the Nov. election; the same ballots counted by you and the trustees at the Nov. election, '82? (Contestee objects to the question for the reason that it has not been shown that the ballot-box has been preserved inviolate, and that these were the original ballots cast at the election.) A. I am certain they are. Q. 15. I will ask you if the ballot-box has been in your charge all the time since then and locked?-A. Yes, sir; it has been locked all the time where I keep my township records, in Squire Simpson's office; I have had the key. Q. 16. Who, if any person, has handled these tickets since the last Nov. election?A. Thomas Stapleton counted them; he is the only one since. Q. 17. Who counted the tally?-A. I did. Q. 18. And saw them counted?-A. Yes, sir; saw them counted. Q. 19 Did you think it possible that there could have been any change made in any of the ballots during the time of the count that you and Stapleton made? (Contestee objects to the question for the reason that it has not been shown that the ballot-box has been preserved inviolate, and that these were the same identical ballots cast at the election.) A. I think not. Q.20. At the time you opened the ballot-box, when you and Stapleton recounted it, did you find the ballot-box in the same condition which you left it in, and the ballots in the same condition also?-A. Yes, sir; we did. Cross-examination: Q. 21. Mr. Henderson, did you act as clerk at the last election? A. Yes, sir; I did. Q. 22. You took possession of the ballot-box after the count was made?-A. Yes, sir. Q. 23. What did you do with it?-A. I took it and left it at Squire Simpson's office; that is where I have the records and keep my ballot-box. Q. 24. Were you doing business there?-A No, sir. Q. 25. How long after you left it there did you see it again?—A. I did not open it all till within the last week or ten days. Q. 26. How long after you left it there did you see the box again?—A. I cannot tell that; I have not been by the office only a few times Q.27. The box was in Mr. Simpson's office where you did not see it at all, that you remen.ber of, until you went to have the vote recounted?-A. No. sir; I never examined it. I remember seeing it, but not more than once or twice, from the fact that I have not been in the office more than once or twice, or have had business there. Q. 28. You saw them counted?-A. Yes, sir; saw them counted. Q. 29. Do you think it possible that there could have been a change made in any of the ballots during the time of the count that you and Stapleton made? (Contestee objects to the question for the reason that it has not been shown that the ballot-box was preserved inviolate, and that these were the identical ballots cast at the election.) A. I think not. Q. 30. At the time you opened the ballot-box-at the time you and Stapleton recounted-did you find the ballot-box in the same condition in which you left it, and the ballots in the same condition in which you left them also?-A. Yes, sir; I did. Redirect examination : Q. 31. Mr. Henderson, did you act as clerk at the last election ?-A. Yes, sir; I did. Q. 32. You took possession of the ballot-box after the count was made?-A. Yes, sir. Q. 33. What did you do with it?-A. I took it and left it at Squire Simpson's office; that is where I have the records and keep the ballot-box. Q. 34. Were you doing business there?-A. No, sir. Q. 35. How long after you left it there until you saw it again?—A. I did not open it until within the last week or ten days. Q. 36. How long after you left it there until you saw it again?-A. I do not know that I have been in the office but a few times. Q. 37. The box then was in Mr. Simpson's office where you did not see it until-that you remember of-until you went to have the votes counted?-A. No, sir; I never examined it. I remember of seeing it, but no more than once or twice, from the fact I have not been in the office but once or twice, nor have had any business in the office. Q. 38. Who last had access to the office?-A. Nobody but his boys, I guess. Well, I believe prior to the first of Jan. the office was kept by Gus Holms. Q. 39. Do you know whether the door of the justice office was locked or not ?—A. No, sir; I do not. Q. 40. Did you say that Tom Stapleton counted these ballots?-A. Yes, sir. Q. 42. He took the ballots into his possession and counted them out and you tallied?— A. Yes, sir. Q. 43. In whose interest was he counting?-A. In Mr. Frederick's, I suppose. Q. 44. Who else was present when this counting was done ?-A. Squire Morrison. Q. 45. Who else ?-A. That was all. Q.46. Was Mr. Simpson present?-A. No, sir. Q. 47. How did you get into his room?-A. Mr. Stapleton Q. 48. Stapleton had a key that opened into Mr. Simpson's room?-A. Yes, sir. Q. 49. When Mr. Stapleton counted these ballots he took them all off the string, did he-A. Yes, sir. Q. 50. He strung them on again after he got through? Now what was the result?— A. The same as the original, with the exception that Mr. Frederick had 210. Q. 51. You made one more for Frederick ?-A. Yes, sir. Q. 52. Did you count them once or twice?-A. Only twice. Q. 53. You counted the votes over, and found 210 ?-A. Yes, sir. Q. 54. One gain from the official count on the night of the election?-A. Yes, sir. Q. 55. You say this ballot-box, with the ballots, has only been in your charge in a figurative sense; that is, you have not had them ?-A. No, sir; not in my immediate possession. Q. 56. What kind of a lock is on the box?-A. I do not know what you would call it; it is a peculiar lock. Q. 57. Is it a cheap lock?-A. No, sir; only one key that will fit it that I know of, that will fit it; it is different from any lock I have ever seen. Q. 58. You do not know whether the room was locked at night by the man that kept this room before Mr. Simpson ?-A. No, sir. Q. 59. Was the ballot-box sealed?-A. Yes, sir. Q. In what way was it sealed?-A. In the top; with paper and mucilage is all. Q. 61. That is to prevent other ballots from being put in ?-A. Yes, sir. Q. 62. Did he lock and then seal it, so as to tell whether it had been opened or not?— A. No, sir. Q. 63. Was this second count had in the daytime or night ?-A. In the daytime. Q. 64. How long ago did you say that the count was made?-A. Last Sunday. Redirect examination: Q. 65. You were present all the time when these ballots were being counted ?—A. Yes, sir. Q. 66. Did you think it was possible for any one to take out or put in ballots without you saw them?-A. No, sir; I think not. Recross-examination: Q. 67. What position did you sit in while you were tallying?-A. I stood at the end of the table, and he stood at the side. Q. 68. Did you have your eyes on the ballots?-A. Yes, sir; only when tallying. Q. 69. You could not say but what one or two ballots could have been put in ?—A. No, sir; but I was careful in that respect. Q. 70. Were you present in the room at that time?-A. Yes, sir; I was. Redirect examination : Q. 71. Do you remember anything about two tickets that were folded together at the time of the election?-A. Yes, sir; there are two that are not counted in this count. Q. 72. Who were they counted for ?-A. I think that they were Democratic tickets, but I am not positive as to that. Q. 73. Do you recollect any time during the day that the box was full and you put in a pencil to shove them down further?-A. Yes, sir; they did that to jar the box. Q. 74. Then you think it might be possible one ticket might have been shoved down inside another?-A. No, sir. Well, I think that in this case they were both folded together. Q. 75. Will you produce the tickets?-A. Yes, sir; here they are. Q. 76. Please say whether or not you found these folds in them different from this when they were originally folded together. (Witness examines them.) À. Well, sir, as found in this box, they were found folded in that position. Q.77. Did you say that they had been folded different from what they were folded originally? (Contested objects to the question, for the reason that it is answering something not proved.) A. The ticket looks like it had been handled; perhaps there is one folded there. Q.78. I asked you whether or not you did not find either folds or creases in these tickets, showing that they were folded before they were folded when you found them together.-A. No, sir; I do not see any now. Q. 79. Who were these tickets voted for on the Representative ticket, 5th district? -A. For Frederick-both of them. They were both straight Democratic tickets. Recross-examination: Q. 80. Have these tickets been handled a good deal?-A. No, sir; only since the election they have been handled by the trustees. Q. 81. By different persons?-A. Only by the trustees; I think they examined them that night. Q. 82. You did the tallying at the election?—A. Yes, sir. Q. 83. Was it carefully done?-A. Yes, sir, as possible. Q. 84. Made no mistakes as you went along ?-A. No, sir; not that we know of. Q. 85. You did not see the tickets as they were counted out ?-A. No, sir. Q. 86. You could not say whether they counted them; whether they called them correctly or not?-A. No, sir; nor I could not tell to-day or the other day whether the call was correct. I tallied the first call. Q. 86. You kept them on the tally-sheet ?-A. Yes, sir. $0.85 cts. paid as fee by contestant. STATE OF IOWA, Iowa County, 88: A. M. HENDERSON. B. F. RENO, being produced and sworn before A. J. Morrison, a notary public for Iowa County, on this 8th day of March, A. D. 1883, and examined before me, testifies as follows (T. Brown appearing on the part of the contestant, and A. H. Simpson appearing on the part of the contestee): Q. 1. You may give your name, age, place of residence, and occupation.-A. Age 53, or very near it; groceryman; residence, Marengo, Iowa County, Iowa. Q.2. You may state whether you held any official position in 1882.-A. Yes, sir; one of my positions was trustee of Marengo Township. Q. 3. Were you present at the e'ection in 1882, wherein James Wilson and Benjamin T. Frederick were candidates for the office of Representative of the 5th Congressional district?-A. Yes sir. Q. 4. You acted as one of the trustees?-A. Yes, sir. Q. 5. You have recanvassed the ballots to-day that were cast at that election ?—A. Yes, sir. Q. 6. You think that those are the same ballots that were voted that day?—A. I suppose they are the same ballots. Q.7. Do you see any familiarity about them that tells you they are the same ballots -A. I took out one ticket which I showed the gentleman, that was recognized by myself. Q.8. Have you any reasons to believe that they are the same ballots?-A. Well, Mr. Frederick, that is a hard question. I called off the ballots according to the tally that night. There were 209 for yourself, and 263 for Mr. Wilson. Q.9. Well, I will ask you if you might not have made a mistake that night?-A. All men are liable to mistakes. I have been very particular. I have been at this business 8 or 9 years; the first I recollect calling the tickets. 9. 10. Perhaps the matter has not been brought to your mind, or it has not been looked up so closely. You believe that they are the same ballots, and that you might have made a mistake on that night, do you?-A. No, sir; I dont think that I made a mistake. Q. 11. You don't think so?-A. No, sir. Q. 12. But you might have made a mistake.-A. Yes, sir; I might. Q. 13. You have helped recanvass the vote to-day.-A. Yes, sir. Q. 14. How do you find it to-day ?-A. There are 211 for Mr. Frederick, against 209 formally. Q. 15. How many votes were polled at that precinct that day?—A. I don't recollect exactly. [Witness examines the poll book.] 500 votes. Q. 16. It is 500?-A. Yes, sir; I recollect very well that I drew a ticket with Mr. Swaney as to who voted last. Mr. Swaney was one of the trustees. Q. 17. Then you threw out one of those for a double ticket?-A. We didn't count that vote at all. If you will look at the ticket, you will see it is put on as for two tickets, and voted together. We did not count that vote at all; we virtually threw it out. Q. 18. How do you find that as compared with the vote as you have tallied the votes to-day -A. Well, the votes would exceed two. Q. 19. Not counting the one you have here?-A. No, sir; not counting that. Q. 20. Is not the man's name on the tally book who voted that doubtful ticket! Did you put any ticket in the box with nobody's name on ?-A. Well, that would be rather strange if we had done it. Q. 21. You must have counted that doubtful ticket with somebody's name on the register that voted it, didn't you?-A. It would be hard to vote in this way except in case of some man who didn't vote for Congress. Q. 22. You would have their names on the tally-book, wouldn't you?-A. Yes, sir; the name of every one who voted. Q. 23. Then the name must appear on the tally-list? That is, the name of the man that voted that double ticket.-A. Yes, sir. Q. 24. Then you would have the name there that you didn't count?-A. No, sir; I don't think that we could get at it, because, as I say, there were men that voted for neither Congressman. Q. 25. How many tickets were there in the box-that gentleman voted for neither Congressman -A. I cannot tell that, but I will tell you who voted. You recollect that gentleman. Q. 26. How many tickets are there that have not a Congressman on at all ?—A. There were 263 voted for Wilson, 209 for Frederick, and 24 for Platner. Q. 27. How many national tickets were there?-A. There were two gentlemen voted that did not vote for any Congressman; that is two polls. Q. 28. Then there was one besides that first, a county ticket, wasn't there?-A. Well, I don't know; there was a county ticket in the State ticket box; sometimes it gets mixed. Q. 29. If that man voted a county ticket, you would put his name on the poll-list, would you not, the same as if he voted another ticket? A. Yes, sir. Q. 30. Then there is a double ticket you have not counted?-A. Yes, sir; there is a double ticket. Q. 31. Would you put that man's name that voted that also on the poll-list?—A. Yes, sir. Q. 31. Then there are two national tickets?-A. Yes, sir; 263 for Wilson, and 209 for Frederick. Q. 32. 211, you make it now?-A. Yes, sir. Q. 34. There is no ticket voted for county officers, and one ticket you put down that did not have anybody. How many does that make?-A. That would make the tickets short about one vote; according to that, 499 votes; we polled 500. Q. 35. You are positive that when you called the tickets at that election that there could not have been any mistake at all?-A. To my best knowledge and belief, I am. Q. 36. Then there could not have been a mistake?-A. No, sir. Q. 37. You called off the tickets yourself? A. Yes, sir; every one. Q. 38. Anybody else call any of them?-A. No, sir; not a man. Q. 38 (a). Did you take them out in fives or tens in the tickets?-A. We took out the scratched tickets and called them off singly. Q. 39. Were there many scratched tickets?-A. Quite a number. Cross-examination: Q. 40. Now, we want to settle this thing; you are sure there were 500 ballots polled?— A. Yes, sir. Q. 41. 263 for Wilson?-A. Yes, sir. Q. 42. On the night of the election ?-A. Yes, sir. Q. 43. How many for Frederick?-A. 209. Q. 44. How many for Platner?-A. 24. Q. 45. How many tickets did you find in the box with nobody on for Congress ?— A. My recollection is two. Q. 46. Then a county ticket with nobody on for Congress?-A. Yes, sir. Q. 47. And a man voted two tickets you did not count?-A. Yes, sir. Q. 48. That makes four names, does it not ?-A. Yes, sir; it is equivalent to four names. Q. 49. That makes four votes ?-A. Yes, sir. Q. 51. Where did these votes come from? Is it not evident that they were put in by some one?-A. Yes, sir. |