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Township, in said county, November 7th, 1882. The poll-book of votes cast in said Taylor Township, showed that it was attested as a true return by two judges of said election signing their names in proper form and in the proper place, but the name of the third judge, W. H. Steward, was written in the following manner, “W. H. Steward, per cik." and showed on its face that the returns were not signed by W. H. Steward.
Two clerks signed the said returns in proper form as clerks of said election. We further certify that the return showed that
For Secretary of State :
4 G. A. Wiatt.
4 Geo. Derr
4 James Rice
4 E. N. Clark
4 J. H. Wilson
5 B. T. Frederick
Forty eight votes were cast in said for James Wilson for Representative from the 5th Congressional district of Iowa, and that eight votes were cast at said election for B. T. Frederick, and two votes were cast for David Stubbs, candidates for said office.
We further certify that because the said return showed they were not signed by all of the judges of the election in Taylor Township we rejected the vote of said township, and if the same should be counted under the facts shown, the vote above named should be added to the number of votes of each candidate named.
The auditor is hereby directed to certify to the State canvassing board the return from Taylor Township as they appear on file in his office.
Dope at Marshalltown this 14th day of Nov., 1882.
Moved by Supervisor Archerd that the foregoing certificate be adopted and spread upon the minutes.
Motion seconded by Supervisor J. M. Gilchrist. On call of the roll Supervisors Turner and Archerd voted aye, and Supervisor Gilchrist voted nay.
So the motion prevailed.
I, A. N. French, auditor for Marshall County, Iowa, do hereby certify the foregoing to be a true and correct copy of the record of the board of supervisors of said county, as the same appears of record, so far as the proceedings of Nov. 14th relate to the canvass of the votes cast Nov. 7th, 1882. (SEAL)
A. N. FRENCH,
County Auditor and Clerk of Board of Supervisors. (In pencil:) Cost, $1.50. Filed Feb's 15th, 1883, as Exhibit B, to deposition of A. N. French, same thereto attached, and so marked.
CASSIUS M. NORTON,
Notary Public, &c.
A. J. MELTON, of lawful age, being produced, sworn, and examined on the part of contestant, testifies as iollows:
lut. 1. State your name, age, place of residence, and occupation.-Ans. A. J. Meltou; 52 years; reside in Taylor Township, Marshall County, Iowa; occupation, farmer.
Int. 2. How long have you resided in Taylor Township. 1-Ans. A year ago the 13th of this month.
Int. 33. How long bave you resided in the State of Iowa 1--Ans. Twenty-eight years last April.
Int. 4. Are you a citizen of the United States ?-Ans. Yes, sir.
lut. 5. Did you vote at the Nov, election, 1882, for the office of Representative to Congress; and if so, for whom and where ?-Ans. 1 voted in Taylor Township, Marshall County, Iowa, and Mr. B. T. Frederick is the man I voted for; this gentleman here (p.inting to contestant) is the man I voted for.
111.6. Siate if you was present at the November election, 1882, in Taylor Township, anit if yra, state whether the ballot-box in said township was opened at the time the electors were voting.-Ans. I was at the election that day. I did not see the ballotbox open while I was there.
lut. 7. What time of day was yon there at the election ?-Ans. I think it was about 11 o'clock a. m. when I got there; I came 3 miles.
A. J. MELTON.
Subscribed and sworn to before me and in my presence, by the said A. J. Melton, this 15th day of Feb'y, 1883. (SEAL.]
CASSIUS M. NORTON, Notary Public in and for Marshall County, Iowa.
S. Bosworth, of lawful age being produced, sworn, and examined, on part of contestant, testifies as follows:
Int. 1. State your name, age, place of residence, and occupation ?-Ang. Stewart Bosworth; age, 53 years ; reside in Marshalltown, Iowa, now; am a carpenter.
Int. 2. Were you present at an election held in Taylor Township, being the general election held in November, 1882 ?—Ans. I was.
Int. 3. Where was it held 1-Ans. I think it was called the Willow Hill Schoolhouse.
Int. 4. Was that the election at which the electors were voting for the office of Representative in Congress ?-Ans. It was, as I understood it.
Int. 5. You may state whether you observed the ballot-box open during the time the electors were voting.-Ans. Directly after I voted it was proposed that they commence counting off, and they did so, that was sometime before night.
Int. 6. Did they receive votes after they commenced counting out ?-Ans. I couldn't say, as I went away.
Int. 7. About what time of day was it that they opened the box and commenced counting out :-Ans. It was, as near as I can remember, between four and five o'clock.
Int. 8. What time did you get to the polls 1-Ans. It was about 4 o'clock, I think.
Int. 9. How long was it before they opened the box after you got there 1-Ans. It might have been three-quarters of an hour, perhaps.
Int. 10. Did you see any other persons vote before or after the box was opened while you were there ?-Ans. I saw persons vote before but not after.
Int. 11. How do you fix the time as to when the box was opened ?-Ans. Only from my recollection and from the box being opened, as I thought, before the time for opening provided by law, and besides I went home three miles and got home before sundown-quite early I thought. I will correct that, it is four miles.
Subscribed and sworn to before me and in my presence by the said Stewart Bosworth, this 15th day of Feb'y, 1883. [SEAL.]
CASSIUS M. NORTON, Notary Public in and for Marshall Co., Iowa.
WM. ERNST, being produced, sworn, and examined on the part of the contestant, testifies as follows:
Int. 1. State your name, age, place of residence, and occupation.—Ans. Wm. Ernst; age 53 years; reside in Taylor Township, this county; am a farmer.
Int. 2. How long have you resided in Taylor Township, and are you a citizen of the United States ?-Ans. About eighteen years. Yes.
Int. 3. Did you vote in Taylor Township at the Nov, election, 1882, for the office of Representative in Congress; and it yea, for whom did you vote ? —Ans. Yes. I voted for Benj. T. Frederick, the contestant.
Int. 4. You may state where the election was held in said township, and state, if you know, whether the ballot-box was open during the time the electors were depositing their votes.-Ans. The election was held at the “Willow Hill School-house," and the box was open during the time of voting.
Int. 5. State if you saw persons handling the ballots in the box during the hours and time of voting; and if so, who they were and what you saw done.- Ans. Yes, I saw the ballots handled during the hours and time of votinig. I saw Wm. H. Steward handling the ballots. I asked him to tell me how many Frederick votes there were in the box, and he dug around in the box until he got about all there was. He called my attention to a ticket-to a Republican ticket-tbat was filled out with Frederick's name in place of Wilson's.
Int. 6. What was the peculiarity of this ticket, and what did he say about it?Ans. It was this: I was peddling tickets for all Republicans, except for Frederick, for Congress, and Sieward thought it was strange they didn't take the printed tickets in place of filling them out themselves.
Int. 7. How many tickets did he find in the box on which Frederick's name appeared for the office of Representative in Congress ?-Ans. At that time, I cannot recollect exactly, but I think there was five or six at that time.
Iut. 8. What time of day was it that the ballot-box was opened and the ballots handled by Steward i--Ans. About two o'clock, I think, in the afternoon.
Int. 9. Do you know how many ballots were cast for Frederick for the office of Represeutative to Congress there that day? If so, state.-Ans. I know of eight, and if the person who wrote Frederick's name on a Republican ticket is outside of them there was nine; there might have been more, but them I knew.
Int. 10. Did you see this ballot that had the name of Frederick written upon it for the office of Representative in Congress, and did you see Steward take it out of the box I-Ans. I saw it, and I saw him take it out of the box.
Int. 11. Was this ballot-box opened before they commenced counting; that is, before conimeucing to make up their tally-sheets, and was it opened more than once?Ans. I suppose it was opened to count the ballots; it remained open all the afternoon from the time they opened; it never was closed, I guess; I don't think it was closed; I was around there most of the afternoon, only as persons were voting, taking in a vote, and I don't know as it was closed then.
Iut. 12. At the time Steward was hunting around to see how many Frederick votes were polled, were they counting or was he huuting around irrespective of the count?Ans. The box was open, and they were connting at the time.
Int. 13. Had these votes been counted when he told you the number of Frederick votes that were cast, or was he only looking through the box to see how many votes Frederick bad got !--Ans. He was looking through the box at the time to see; I asked him to look ; I told him to see how many Frederick votes there was in the box.
Int. 14. State anything else you may have observed at that time that you have not already stated.-Ans. I cannot recollect of auything else that occurred at that time.
Int. 15. Did Mr. Steward remain till the ballots were all counted 1-Ans. I don't think he did; I think not; I didn't understand the question; I know he did not stay till they were all counted.
Int. 16. Was there opportunity for Mr. Stewaril or others to change the ballots in the box if he or they desired so to do ?-Ans. Well, I think there was; the way it was I think there was opportunity for “stuffing” the box; that a persou might have thrown in and taken out ballots.
Cross-examination : X Int. 1. Did you see any changes made in the ballots ---Ans. No. I Int. 2. Did you see eight men vote there for Frederick that day ?--Ans. Yes.
X Int. 3. Who were they ?-Ans. Estel, Melton, Webber, Lundstrum, 0. N. Lane, Horner, D. C. Ernst; I saw seven vote besides myself.
X Int. 4. Did you give each one of these men the ticket that be voted, and did you see hini put it in the hands of the judges ?--Ans. I gave them tickets and followed them to the box and saw them baud them to the judges.
I Int. 5. Was each one of these tickets printed with Frederick's name, or was his Dane written in ?-Ans. I think they were all printed but two, and they were “Greenback” tickets; one was voted by Mr. J. M. Webber and the other by Mr. Lundstrum.
X Int. 6. Were these tickets that were printed with Frederick's name, Republican or Democratic tickets, otherwise than his name?-Ans. They were both Republican and Democratic, with his name in them.
X Int. 7. They had the names of the different candidates for State and county offices on them, had they not?-Ans. I think they had.
X Int. 8. How many names were on each ticket-about how many, if you cannot give the exact number?—Ans. I should bave to guess at it; I think twenty on some of them—the Greenback ticket was not as large as the others, and still it might have been.
X Int. 9. Were you peddling, as you say, Republican tickets with Frederick's vame upon them ?-Ans. Yes.
X Int. 10. You say you voted for Frederick; was your ticket all printed, and was it a Republican or Democratic ticket ?-Ans. My ticket was all printed; it was a Democratic ticket.
X Int. 11. Did all these men whose names you have given look at their tickets and see Frederick's name upon them ?-Ans. I can't say that they saw it; but I know that I told them if they wouldn't take a Democrat ticket I would give or offer then a Re publican ticket, telling them it was all Republican except Frederick's name for Congressman.
X Int. 12. How near were you to the polls when these men voted ?-Ans. I generally went up with them as near as a man can ordinarily get to the polls.
X Int. 13. How near the ballot-box were you when Estel voted ?-Ans. I think him and I were sitting right close to the polls when he made out his ticket, as near as I can recollect about it.
X Int. 14. How near when he voted ?-Ans. I was sitting right by the teller at the time.
X Int. 15. How long before that had he made out his ticket?-Ans. I think he voted right off, as soon as he got his ticket ready.
X Int. 16. What had he to do to get his ticket ready?-Ans. Simply to fold it and to get the appendage to it for township officers cut ott and fixed.
X Int. 17. Had his ticket that he gave to the judges of election any writing upon it, or was it all printed ?-Ans. I can't say as to that; I wasn't so particular as to whether it was printed or wrote.
X Int. 18. Was the election board in the school-house; that is, inside of the schoolhouse all the time ?-Ans. They was during the time they voted; they went home to dinner, and took the box with them; they wasn't in then.
X Int. 19. From what hour to what hour was the poll kept open ?-Ans. I think probably they opened between 8 and nine o'clock in the morning, and I staid till about dark, when I went away, and the poll was open yet ; I cannot say about what time that was, as I don't know what time it became dark.
X Int. 20. Did you remain in the house all the day, or while the poll was open!Ans. I was in the house the principal part of the time.
X Int. 21. What part of the time in the afternoon were you in the house !-Ans. I was in the house the principal part of the afternoon, froin one o'clock till evening, until I went away; I would go the door when any one came and would look to see if any one was coming; sometimes after I had canvassed those thoroughly that were in the house I would step out to see if any one was coming:
X Int. 22. Did you sit close by the ballot-box all the time you were in the house 1 Ang. No.
X Int. 23. What was Melton's ticket, all in print, or was there some writing upon it ?-Ans. His was all in print, unless there was some of us voted in the morning without cutting the township appendage otf'; he might have neglected his, I can't say positively.
X Int. 24. Did you see the name of Frederick on his ticket that he gave to the judges ?-Ans. I gave him a straight l'emocrat ticket, and he voted it; I didn't look to see if it was there, but it was a straight Democrat ticket; I wasn't particular when I gave a man a Democrat ticket.
X Int. 25. How far were you from Melton when he gave the judges his ballotiAns. Oh, I was close enough by to see him give it to them.
X Int. 26. How close ?-Ans. I was probably within eight or ten feet of him; I was not very particular about him.
X Int. 27. Where were you sitting or standing when you gave him his ticket! Ans. I was sitting on the north side of the house.
X Int. 28. How far from the ballot-box?-Ans. Probably eight or ten feet from the ballot-box.
X Int. 29. How was 0. N. Lane's ticket printed or written, in whole or in part!Ans. I think his was scratched some, but I wouldn't be positive about his.
X Int. 30. Was his a Republican, Democrat, or Greenback ticket ?-Ans. I think his was a Greenback ticket.
X Int. 31. How far were you from him when he gave his ballot to the judges ! Ans. I couldn't say positively, it might have been eight, ten, or twelve feet, or it might have been within five or six feet.
X Int. 33. Did Estel and Melton and 0, N. Lane vote before or after noon ?-Ans. They voted before noon.
X Int. 34. Was Horner's ticket that he gave the judges all printed ?-Ans. Yes.
X Int. 35. How far were you from him when he gave the judges his ballot?---Ans. I was right close to him.
X Int. 36. Was it a straight Republican ticket, except Frederick's name ?-Ans. Yes. X Int. 37. Did he vote before or after noon ?-Ans. It was late in the evening.
X Int. 38. Did Webber and Lundstrum vote before or after noon !--Ans. Late in the evening.
X Int. 39. Were their tickets Greenback tickets?-Ans. Webber's was; and I thought the other was, but I think I am mistaken about Lundstrum’s.
X Int. 40. What do yon now think Lundstrum's ticket was ?-Ans. I think it was Republican, with the exception of Frederick's name.
Int. 41. Was Frederick's name printed or written on Lundstrum's ballot which he gave to the judges ?-Ans. Well, I couldn't say positive; it was there.
X Iut. 42. How do you know, if you may be mistaken about the ticket he voted ?Ans. He was a pretty hard inan to get to vote to suit me; I had to electioneer him a considerable.
X Int. 43. How do you know that Frederick's name was on his ballot, if you may be mistaken about the ticket he voted 1--Ans. I wasn't mistaken in the name that was in the ticket, but can't say whether it was written or printed now.
X 44. Did you see bis ticket open before he fold d it and handed it to the judges ?Aps. Yes.
X Int. 45. And was it a Repnblican or Greenback ticket?-Ans. I think it was a Republican; I can't say positive.
Å Int. 46. Did you see Frederick's name upon his ticket?-Ans. Yes.
X Int. 47. And can't you tell whether it was printed or written ?-Ans. I can't tell; it is iny impression that the ticket was pretty badly scratched ; that is my impression now.
X Int. 48. Can't you tell whether Wilson's or Platner's name was scratched off Lundstrum's ticket?-Ans. I can't. I think Wilson's name was scratched off his ticket.
X Int. 49. What other scratching was on his ticket except the candidate for Congressman !-Ans. I can't tell you; I noticed that the ticket was scratched.
X Int. 50. Were there three or four erasures on his ticket 1-Ans. I didn't count thrın particularly ; I know there was erasures made, but I didn't count them.
X Int. 51. Has not Lundstrum told you of the ticket he voted since then ?--Ans. No.
X Int. 52. Had he any ticket exçept the one you gave him ?-Ans. I don't know as he did or did not; I gave him a variety.
X Int. 53. Where did you get the straight Republican tickets with Frederick's Dame upon them ?-Ans. At the “Statesman's” office.
X Int. 54. Was the ballot which Steward showed you from the box erased with pen oi pencil, in substitutivg Frederick's name upon it :-Aus. I can't say positively, but I think with a pencil.
X Int. 55. Was it erased as to any other candidate than for Congressman ?-Ans. I can't say.
X Int. 56. Was the ballot-box opened before you asked Steward to show you the Frederick ballots ?-Ans. Yes.
X Int. 57. When was it that you asked him to show you the Frederick ballots-at what time I-Ans. It was between two and three o'clock.
X Int. 38. What length of time was consumed in looking them over by you and Steward 1-Ans. It didn't take long; probably two or three minutes or five.
X Int. 59. What time did Steward go away írom the election board that afternoon 1-Ans. I can't say, but it was about dark; he wanted to take the train to go West.
X. Int. 60. Did you remain at the polls till its close ?--- Ans. No; I left about the same time that Steward did. X Int. 61. Did you go before he did ?-Ans. I went out of the house just afore he
Subscribed and sworn to before me and in my presence by the said Wm. Ernst this 15th day of Feb'y, A. D. 1883. (SEAL.]
CASSIUS M. NORTON, Notary Public in and for Marshall County, Iowa.
D. C. ERNST, being produced, sworn, and examined on the part of the contestant, testifies as follows:
Int. 1. State your name, age, place of residence, and occupation.-Ans. D. C. Ernst, 25 y’rs of age, reside in Taylor Township, Marshall Co., Iowa, am a farmer.