Q. 52. You know they are there, and you know that there are not men enough to vote 502-A. Yes, sir, Q. 53. The box has increased two tickets since you counted them that night?—A. Yes, sir. Q. 54. Did you count them carefully that night? Q. 55. Explain the modus operandi of it.-A. Yes, sir. Mr. Swaney sat at my left; then Mr. Tucker took the ballots out of the box, or rather Mr. Swaney, I mean, took the ballots out of the box; he handed them to me as he took them out of the box. I called the names, and Mr. Tucker put them on the string. Q. 56. How many of you, or, rather, did each of you trustees inspect each ballot?A. Whenever there was anything of a question we all looked at the ticket. Q. 57. You took them one at a time ?-A. Yes, sir; one at a time. Q. 58. You didn't count them in fives or tens?-A. Yes, sir; the straight tickets. Q. 59. You examined each ticket?-A. Yes, sir, thoroughly; twice counted them over. Q. 60. You are satisfied now, are you not, that there are two more ballots in that box than you believed voted at that election?-A. Yes, sir. Redirect: Q. 61. In counting tickets, you counted straight tickets by themselves?-A. Yes, sir. Q. 62. Whether 40 or 80, you put them down in figures so many ?-A. Yes, sir. Q. 63. Could it not be possible for you to make a mistake in counting the tickets that way!-A. No, sir; we counted the tickets over each time; twice particularly; I counted them as I took them; then I counted them again before I handed them to the gentleman who put them on file. Q. 64. Don't you remember that that county ticket that was voted there was rolled ap inside of another ticket when you found it ?—A. No, sir; I don't remember that. Q. 65. According to the best of your impression was not that ticket inside of another ticket that had no county ticket on it?-A. No, sir; as Mr. Swaney said, here is a county ticket in this box without any head on it, or to that effect, when he handed me the ticket. ($0.85 paid as fee.) STATE OF IOWA, Iowa County, 88: B. F. RENO. J. S. SWANEY, being produced and sworn before A. J. Morrison, notary public for Iown County, on this 3th 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, place of residence, and occupation ?-A. My name is J. S. Swaney; I am 62 years old; I live in Iowa County, Marengo Township; I am a farmer by occupation. Q. 2. State if yon held, or do hold, in 1882, any official position in Marengo Township, Iowa County ?-A. I was trustee of the township. Q. 3. You attended the general election in November, 1882?-A. Yes, sir. Q. 4. What part did you take that day in canvassing the ballots?-A. I took the tickets out of the box, and unfolded them and laid them down separate, the Democratic from the Republican; kept them so as to count them out together; run on one awhile, and then on the other. Q. 5. You found the tickets in the box together?-A. I found two together; I laid them back just as they were folded together, and afterwards called their atten tion to it. Q. 6. Did you know who was voted for for Representative?-A. Yes, sir; after they were opened; they were Democratic tickets, both of them. Q7. Do you know whether that county ticket was folded by itself or not?-A. Yes, sir; it was folded by itself. It was not an accident; it was put in that box, in the place of the county box. Q. Do you think, then, the party voting that ticket didn't vote the State ticket at all, or do you think that was torn off, and put in the county box at the same time with the other ticket, and was put in when the other State ticket was voted?-A. I think it was in there by mistake; it was folded by itself; it wasn't with any other tickets. Q.9. You think that the voter didn't have any intention of voting that by itself?— A. I don't think that it was intended to go in that box. Cross-examination: Q. 10. You do not recollect who voted that ticket, do you?-A. No, sir, of course not. Q. 11. You do not know whether the man that voted that ticket, also voted another, do you?-A. No, sir I do not. Q. 12. You are only supposing that it was put in there by mistake ?-A. Well, that is the idea I have of it. Q. 13. That is your best guess ?-A. On account of its being alone. Q. 14. Well, if he had voted two tickets, would he not have likely put them in the other box?-A. Well, that wasn't correct. I did not think that we found any such tickets in the county box. Q. 15. Is it not probable that some one did not want to put in any more of the whole ticket, than just that in ?-A. Yes, sir; there are some that did do that, only filled a part of the ticket. Q. 16. Some voted more of the ticket than others, and in this case there was just this county part voted?-A. Well Redirect: 17. Did you have two places in the box to put ballots in?-A. We had a county and State box there; also had a township box, with the different road supervisors in that, so there were some 6 or 7 probably. Q. 12. If a man gave you a ticket that said "State ballot," another "county ballot," what did you do with them?-A. We would put them in the boxes he told us. Q. 19. One in the county box, another in the State box?-A. Yes, sir. Q. 20 Your best opinion is that there was a mistake in putting that county ticket in the State box?-A. Yes, sir; I think it was a mistake. Recross-examination: Q. 21. You stated that some of the other tickets had part of them torn off?-A. Yes, sir. Q. 22. Didn't you think that this man didn't desire to vote any more of the ticket than just that?-A. Well, I think it likely. ($0.85 paid as fee by contestant.) A. M. HENDERSON recalled: J. S. SWANEY. Q. 1. Do you remember during the day of election, November 7th, 1882, while you were tallying, whether at any time during the day there was a discrepancy; whether at any time you disagreed in your tallies ?-A. My recollection is that we agreed right along, all the time. Q. 2. Any discrepancies in the tallies at any time?-A. No, sir. Recross-examination: Q. 3. You stated that Mr. Stapleton was not then counting ?—A. Yes, sir. Q. 4. What are Mr. Stapleton's politics?-A. Democratic. Q. 5. He came in the interest of Frederick to do this work?-A. I believe so; he said he wanted to see them counted out. Q. 5. He came, too, in the interest of Frederick to do this work?—A. I believe so; he said that he wanted to see it counted out. ED. TUCKER recalled: A. M. HENDERSON. Q. 1. I want to know if, in your opinion, a man voting these two township or county tickets might not have also voted a State ticket?-A. The two county tickets? Yes, sir; he might have voted the State ticket and these at the same time. For instance, he wanted to vote the Republican or Democratic ticket-the State Democratic and the county ticket Republican-and might have torn off the county part, and then put the other county ticket with the State ticket, and voted them. (Contestee objects that this is only the opinion of the witness.) Q. 2. I will ask you if that is not the custom with a great many voting?—A. I do not know whether that is the custom or not. Q. 3. You find that these two tickets, from the amount on your tally-list, over, do you?-A. Well, I don't know about that, either. Q. 4. You find 500 names on your poll-list?-A. Yes, sir. Q. 5. Counting these two tickets there are 502?—A. Yes, sir. Q. 6. That would be two over and above your poll-list?-A. Yes, sir; it would be that much. Q. 7. According to that, if there are 502 tickets, there are men who voted, whose names you did not put down.-A. Well, I do not know how that would agree; I am sure I do not know how it came. Q. 8. According to the best of your judgment and belief, the men who voted these tickets also voted the State ticket. (Objection; not proper, as asking the opinion of the witness.) A. Well, I am sure I didn't see anybody to hinder a man voting in that way. Q. 9. You don't see anything to hinder a man voting in that way?—A. No, ṣir; I don't. Q. 10. Do I understand you to state, when I ask you whether a man could vote the county and State ticket together, that he could file each of them separately?—A. Yes, sir. Q. 11. You mean that he might attach one to the other, two different tickets, and vote as a whole?-A. Yes, sir. Q. 12. That is the condition in which these county tickets are found?-A. Yes, sir; that is what they say. I have the impression that they were folded up inside the State. Q. 13. You are not the gentleman who took them out of the box?-A. No, sir; anyone, of course would know whether they were inside the State ticket or not. Q. 14. In making your count to-day you find two more tickets than there are names on the poll-book?-A. Yes, sir; two more. Redirect: Q. 15. These two county tickets might have been rolled inside the State ticket, and voted, and they could get shaken out by shaking up the box, could they not?-A. Possibly they might, but I hardly think that they would in the same way these two tickets we folded together might have been shaken in together in the box, but I have no idea they were. Q. 16. You are speaking now of these two Democratic tickets that were together?A. Yes, sir; I think possibly, but I don't think they were, because they were folded tight together. Q. 17. They might have in shoving them down into the box, one might have shoved right inside of the other?-A. That would hardly be possible to shove them so close together, when they were taken out. STATE OF IOWA, Iowa County, 88: A. J. MORRISON, being produced and sworn before a 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, place of residence, and occupation?-A. A. J. Morrison; age, 52; residence, Marengo, Iowa County, Iowa; occupation is that of an agent. Q. 2. State whether you are in public office now; are you not mayor of the city?— A. Yes, sir; I am. Q. 3. Mr. Morrison, please state if you were present a few days ago when the ballots of Marengo Township, Iowa County, was canvassed by Mr. Stapleton and Mr. Henderson.-A. Yes, sir; I was. Q. 4. State if you were present all the time they were handling them, and if you were looking on at the time Henderson was handling them.-A. Yes, sir. 9. 5. In what position was Mr. Henderson then in?-A. Henderson wrote at the end of the table, about as you sit, and I was right opposite, on this side of the table; Hen, derson and Stapleton were only about a foot apart, anyway. Q.6. Were you looking at Stapleton all the time he was canvassing the the votes ?A. I could see all the time, of course; I might have taken my eyes off, for I was not watching. Q. 7. You were standing towards him?-A. Yes, sir; sitting with my right towards him. Q. 8. Do you believe that he had a possible chance of having changed any of these tickets; of taking any out, or to have put any in, without you having noticed him?--A. Well, there is a chance, of course; but would not say that he did not have a possible chance of doing it. 9. 9. Do you believe that he could have done it without you seeing him?-A. No, sir: I do not believe he could have done it without Henderson or one of us seeing him, because one of us or both had eyes on him all the time; Henderson was keeping tally and looking over tickets at the same time; he would count out a pile of so many. 9. 10. Then Henderson would look them over, and say whether right or not?—A. Yes, sir; Henderson would tally them. 9. 11. You were looking them over at the same time?-A. I was sitting right at the opposite side of the table watching them. Q. 12. One other question: Did you go up there at the solicitation of any one?—A. Well, I don't know of any one in particular; I knew that they were going to count them and so I went down. I don't think I was solicited by any one of them. Cross-examination : 2. 13. What are your politics?-A. I am a Democrat. $0.85 paid as fee by contestant. H. Mis. 22-22 A. J. MORRISON. STATE OF Iowa, Iowa County, 88: THOMAS STAPLETON, 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. Were you present a few days ago when the tickets of Marengo Township were recounted?-A. Yes, sir. Q. 2. Did you count them yourself?-A. Yes, sir; the first time I did. Q. 3. Did you take out or put in, or change in any way these tickets?-A. No, sir. Q. 4. Who were present when these tickets were recounted?-A. Mr. Henderson, township clerk, and A. J. Morrison. Q. 5. You were present also when there was a recount in Hardin Township -A. Yes, sir. Q. 6. Did you handle the tickets there?—A. Yes, sir. Q. 7. Who was present?-A. Mr. Jacobs, township clerk, and Mr. Shipton, one of the editors of the Marengo Messenger; also there were four or five, or six others in the room, besides members of Mr. Jacobs' family who were present; merely sat by and watched one way or another, that I knew of. Q. 8. Were any ballots taken out, or others put in, or any change made in any shape or form during that time?-A. No, sir; not any to my knowledge. Cross-examination: Q. 9. You have been having this work done for Mr. Frederick, Mr. Stapleton ? A. Yes, sir; Mr. Frederick spoke to me about examining and having the ballots recounted. Q. 10. Employed yon to do it?-A. Well; yes, sir. Q. 11. You have been making and doing this work there for Mr. Frederick. I want to know the nature of your connection with him.-A. Well, I have done part of it in Iowa County, and some others. I had Mr. Holms go to one place-Mr. Gus. Holms, of Marengo, Iowa. Q. 12. Is this Mr. Holms that had the custody of this ballot-box before Mr. Simpson went into the room to do busines where it was kept?—A. Well, I don't know of my own personal knowledge whether Mr. Holms had the custody of it or not. Mr. Holms was in that room before Mr. Simpson came in. Q. 13. Is that the same man?-A. Yes, sir; that is the same one. Q. 14. He took an interest in having the count for Frederick, too, did he ?—A. I don't know that he had any particular interest. I had him go down to the colony, because he could speak the German language, and I could not. I thought that he could do the work more satisfactorily. Q. 15. He looked through the ballots down there?-A. I don't know about that. In order to answer that question I will have to say this: Do you want me to tell what Mr. Holmes reported? He reported to him that the ballots down there had been destroyed; that they made no count at all; they made no recount of the votes. Q. 16. Had all the colony folks destroyed the ballots?-A. It was this: That they were carelessly destroyed down there. I do not know that I can give the exact words. Q. 17. I merely wanted to learn about the nature of Mr. Holmes' interest in this busines.-A. That is all. I requested him to go down there because he could speak the German language. Q. 18. Did you request him or employ him?-A. I gave him two dollars and a half. Q. 19. When was it he went down there?-A. I can't give the exact date. Q. 20. Was it after Morrison became on occupant of your room where the ballot was?-A. It was since then; I will give you the date if I can; I will think a minute. I think it was two weeks ago last Friday. Redirect: Q. 21. Don't you remember when I employed you to look up this business I told you not to touch the ballots, to be careful to have a township clerk handle them, not to touch them yourself?-A. The best of my memory is like this: you told me to have a township clerk recount the vote; I cannot remember certain that you gave me strict orders not to touch the ballots. You might have said that and I might have forgotten it. Q. 22. The best of your recollection is what, then?-A. That is the township clerk; I don't know whether you mentioned the trustees, too, that I should get the trustees to recount the vote, if convenient. Recross-examination: Q. 23. You say you handed the ballots?-A. Yes, sir; I did. ($0.85 paid as fee by contestant.) THOMAS STAPLETON STATE OF IOWA, Iowa County, 88: ANDREW JACOBS, 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. Morrison on the part of contestee): Q. 1. What is your name, age, place of residence, and occupation?-A. I reside in Hardin Township, Iowa County; my age is 33 years; my occupation is farming. Q. 2. Did you hold any office in Hardin Township in the year 18827-A. Yes, sir; I was township clerk. Q. 3. Were you at the election in November?-A. Yes, sir; I was. Q. 4. Did you act as township clerk there?-A. Yes, sir; I did. Q. 5. You kept the poll-box and ballots since the election in November?-A. Yes, sir. Q. 6. Have they all been in your care all the time?-A. Yes, sir; they have. Q. 7. How did you keep them?-A. Up stairs in a box. Q. 8. Was the box locked up?-A. Yes, sir; it was locked up. Q. 9. You had possession of the key?-A. Yes, sir. Q. 10. Have these ballots been recounted or handled by any one since they were counted in November last?-A. Yes, sir; Stapleton and Mr. Shipton, editor of the Messenger, were up there and counted them over. Q. 11. When were they there?-A. I cannot tell you. Q. 12. About how long since?-A. Inside of a week and a half or two weeks, something like that. Q. 13. Did yon assist in counting them over?-A. I did not, but I counted them after they counted them over. Q. 14. You were present; they counted them and watched them ?-A. Yes, sir; I was. Q. 15. Do you think they could have taken out or put any ballots there without you having seen them at the time of the recount there? (Objection as asking opinion of the witness.) A. They could have done so, and possibly they did so; I was standing looking at them, but I was not watching them closely; I was not suspicious of any wrong doing, and they could have possibly have done such a thing. in ? Q. 16. Do you believe that they did change any on them-take any out or put any (Objection to the question.) A. I cannot answer that question. Q. 17. I just want to know your belief?-A. Well, I cannot tell. Q. 18. You don't know?-A. No, sir; I don't know. Q. 19. Did you string the ballots on a string ?-A. They were tied with a string around each package. Q. 20. They were not strung on a string?-A. No, sir. Q. 21. How did you find the ballots to compare with the tallies on your book when you recounted them?—A. We found one more than the number of polls cast in the township. Q. 22. Who was that one more ?-A. For Frederick. Q. 23. How many votes did you have tallied on your book for Frederick?-A. 132. Q. 24. How many did you find in the box for Frederick, on the recount; how many were found on the recount for Frederick ?-A. I don't remember. Q. 25. Were there any more found than there were tallies?-A. There was one more, both Democratic and Republican tickets, one more than we had tallied. Q. 26. Any more for Wilson than we had tallied?-A. No, sir. Q. 27. How many would that make; if 132, and one more found, would not that make 1331-A. Yes, sir; that is what it would make. There were some American tickets there; counting them in would make 133. Q. 28. Were there any more votes for Frederick than you had tallied on your books?-A. Yes, sir. Q. 29. Have you the tickets with you?-A. Yes, I have. Q. 30. Will you please produce them?-A. Yes, sir. (Witness produces ballot-box, and assisted by the trustee, Mr. H. Martin, makes a recount of the ballots; Frederick gets 55, Wilson 75.) Q. 31. What was the vote as counted on the evening of the election; after the election, what was the result as shown by the poll-book? (Witness examines poll-book.) A. James Wilson has 75 votes, B. T. Frederick 54. Q. 32. That is as shown by the poll-book ?-A. Yes, sir. Q. 33. Do you believe these to be the same identical tickets you counted at the time you wrote these tallies on the book?-A. They ought to be. |