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Int. 2. State how long you have resided in Taylor Township, Marshall County, Iowa.-Ans. About sixteen years.
Int. 3. Are you a citizen of the United States ?-Ans. Yes.
Int. 4. Did you vote at the Nov, election, 1882, in said Taylor Township, for the office of Representative to Congress; if yea, for whom did you vote ?-Ans. I did ; I voted for B. T. Frederick.
Int. 5. State what time in the day you voted.-Ans. About four o'clock in the afternoon.
Int. 6. State whether the ballot-box was open or not during the time the board of election was receiving the ballots of the electors ?-Ans. It was open while I was there. Int. 7. How long were you there?--Ans. Probably an hour and a half. Int. 8. What time did you get there ?-Ans. I think it was about four o'clock.
Int. 9. Was there opportunity for parties who felt so disposed to "stuff" the ballotbox and change the votes, particularly those that had control of it 1-Ans. Yes, sir; I do, I think so.
Cross-examination: X Int. 1. What were the judges of election doing while you were there?-Ans. Most of the time they were receiving and counting out votes.
X Int. 2. Were they counting when you got there 1--Ans. That was about the first I saw of them; I think they was, the ballots were open.
X Int. 3. Had they just commenced to count when you got there ?-Ans. I could not say.
X Int. 4. Did they continue to couut while you remained 1-Ans. Yes, most of the X Int. 5. Did you remain till the poll closed 1-Ans. No, sir.
X Int. 6. How many votes were polled while you were there ?-Ans. I could not say, sir.
X Int. 7. Can't you tell approximately! Come as near as you can.-Ans. I should say twelve or fifteen; somewheres near that.
X Int. 8. Did you see any ballots taken out of the box except for counting 1-Ans. I ain't sure as I did, but it seems to me they took out one vote, Mr. Horner's vote, to look at it, but I won't be positive.
X Int. 9. Did you see any ballot changed by anybody 1-Ans. I believe not, sir, if I understand the question.
X Int. 10. Were you there when Mr. Horner voted 1-Ans. Yes, sir.
X Int. 11. Was Mr. Horner there when you think they looked at his ballot I-Ans. I think he was.
X Int. 12. How came the question of his ballot to be raised 1-Ans. He went to hand his ballot and Mr Steward wauted to look at it before he put it in; there was some talk then, some saying “Shove it in," and they hesitated somewhat before putting
X Int. 13. Who was it that insisted that it should not be looked at 1-Ans. Mr. Wm. Ernst, I believe.
X Int. 14. Did Mr. Horner say anything about it; if so, what 1--Ans. He insisted in putting that ticket in that he first handed to him.
Å lut. 15. What did he say?-Ans. He said the ticket was all right, and wanted to vote.
X Int. 16. Did Steward want to look at it, or did he want Horner to look at iti Ans. It appeared that Steward wanted to look at it and drew back and turned a little one side from the polls and that he should take another ticket and vote, from the one he was putting ir.
X Int. 17. Wasn't it suggested to Horner that there might have been a mistake about his ticket, that it contained the name of Frederick instead of Wilson, and wasn't it said that he better see that it was a straight ticket before depositing it 1-Ans. There might have been something to that effect said, but Horner knew the ticket he was voting, he knew that Frederick was on the ticket himself.
X Int. 1. Did you vote the Greenback ticket I-Ans. Yes, sir.
Redirect examination :
J. M. WEBBER.
Subscribed and sworn to before me and in my presence by the said J. M. Webber, this 15th day of February, A. D. 1883. (SEAL..]
CASSIUS M. NORTON, Notary Public in and for Marshall Co., Iowa.
G. P. LUNDSTRUM, of lawful age, being produced, sworn, and examined on the part of contestant, testifies as follows:
Int. 1. State your name, age, place of residence, and occupation.-Ans. G. P. Lundstrum ; 47 years; reside in Taylor Township, Marshall County, Iowa; am a farmer.
Int. 2. Are you a citizen of the United States 1--Ans. Yes, sir.
Int. 3. Did you vote in Taylor Township at the general election in Nov., 1882, for the office of Representative in Congress ? If so, for whom did you vote?-Ans. Yes, sir ; I voted for Ben Frederick,
Int. 4. That is, for the contestant here --Ans. Yes, sir.
Int. 5. What hour of the day did you vote, about?-Ans. About between five and six in the evening.
Int. 6. Was the ballot-box open when you voted 1-Ans. It was not.
Int. 7. Do you know whether it was opened 1--Ans. They opened it a little bit after I voted. I don't know whether it had been opened before or not.
Cross-examination: X Int. 1. What was it opened for when you were there i-- Aps. I suppose it was to count the votes.
X Int. 2. Did they count them while you was there :-A. Yes; they counted some of them.
X Int. 3. Did you see any ballots changed and taken from the box by anybody ?Ans. No; I didn't give any attention to it. I was not inside the house over five minutes.
X Int. 4. Who gave you your ticket that you voted ?-Ans. Mr. Bill Ernst.
X Int. 5. What was it, a Republican or a Democratic ticket I-Ans. It was a Republican turned over to a Democratic ticket.
X Int. 6. What do you mean by “turned over"? How changed or turned over 1Ans. For instance, as if you should print Republican and Democrat in one ticket.
X Int. 7. Was it a Republican ticket, except the name of Mr. Frederick 1-Ans. I cannot recollect that, whether it was a Republican ticket or not.
X Int 8. Was Frederick's name printed or written on your ballot ?-Ans. it was written.
X Int. 9. Who wrote it?-Ans. I forget whether I done it myself, or Mr. Webber.
X Int. 10. Don't you know whether it was a Republican or a Democratic ticket scratched ?-Ans. I ain't sure, but think it was a Republican ticket
G. P. LUNDSTRUM. Subscribed and sworn to before me, and in my presence, by the said G. P. Lundstrum, this 15th day of February, A. D. 1883. [SEAL.]
CASSIUS M. NORTON,
Notary Public in and for Marshall County, Iowa. WM. J. HORNER, being produced, sworn, and examined on the part of the contestants testifies as follows:
Int. 1. State yonr name, age, place of residence, and occupation.-Ans. Wm. J. Horner; aged 22 years; reside in Taylor Township, Marshall County, Iowa; am a farmer.
Int. 2. Are you a citizen of the United States 1-Ans. Yes, sir.
Int. 3. Did you vote in Taylor Township at the Nov, election, 1882, for the office of Representative to Congress, and if so, for whom did you vote ?-Ans. Yes, I did; I voted for Mr. Frederick.
Int. 4. State what time of day you voted.--Ans. It was between five and six o'clock in the evening.
Int. Did you see the ballot-box open that day while the electors were voting Ans. I don't mind seeing it open that day; I saw it open that evening.
Cross-examination : X Int. 1. After you went to the poll did you remain till it closed ?- Ans. I remained there till eight o'clock; they were not done counting votes yet; perhaps later than eight.
X Int. 2. How long did the judges continue to receive votes after you came 1-Ans. I don't think they received any after I voted, that I know of.
X Int. 3. Did any one offer to yote after you ?-Aus. Not that I know of.
X Int. 4. How do you know Frederick's name was on the ballot you yoted 1-Ans. I don't really know that it was.
X Int. 5. Did you see his name on the ballot before you voted it 1-Ans. I read the ballot, all the names that were on it. Mr. Wm. Ernst gave me the ticket; he said it was a Republican ticket.
X Int. 6. Did he tell you that Frederick's name was on the ticket I-Ans. I don't remember whether he did or not.
X Int. 7. If you did not know that Frederick's name was upon your ballot, how do Fou know that you voted for Frederick l-A08. Why they had some false tickets there. I don't know why they were gotten up in that way, and they gave me one of those.
X Int. 8. Did you intend to vote for Frederick when you voted ?-Ans. No, sir.
X Int. 9. Did you know that Frederick's name was upon your ballot I-Ans. I believe I told you once I was not certain. When I went to the poll, Mr. Steward asked me if I had a straight Republican ticket; I told him I supposed I had, aıd handed it to him.
X Int. 10. Was Mr. Ernst spoken of, the Wm. Ernst who has given his testimony before the notary here to-day 1-Ans. Yes, sir; he is.
X Int. 11. You say you looked at the names on the ticket I-Ans. I looked at the Dames on the ticket, but being a stranger here I did lot know Mr. Frederick from Mr. Wilson, and did not know the Republican candidate from the Democrat without being told.
Redirect exainination : R. D. Int. 1. If you read the names on your ticket you knew the name of Benj. T. Freda erick was on the ticket, didu't you-you knew at the time the names were there?-Ans. Not knowing the candidates before I went to the election, I would not know. I presume if his pame was on it I read it.
WM. J. HORNER. Subscribed and sworn to before me, and in my presence, by the said Wm. J. Horner, this 15th day of Febʼy, 1883. (SEAL)
CASSIUS M. NORTON, Notary Public in and for Marshall County, Iowa.
THORNTON HUBBARD, of lawful age, 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. Thornton Hubbard ; 67 years old; reside in Taylor Township, Marshall County, Iowa; am a
Int. 2. Were you at the general election held in Taylor Township in Nov., 1882; and if so, during what time of the day were you there --Ans. Yes; I was there from a half after two, I think, till a half after four.
Int. 3. Was the ballot-box open or kept open by the judges while you were there; and if so, did you see the ballots that had been deposited by the electors handled by any one; if so, by whom !-Ans. The ballot-box was open when I went there. I see some of the tickets haudled by Mr. Steward and passed over to Mr Adua Fogg.
Int. 4. What else did you see that appeared to be irregular?-Ans. I don't know hardly what. Well, the ballot-box while I was there, was shut and three votes received.
Int. 5. Were these ballots that were handled and passed around ballots from the ballot-tox?-Ans. They were.
Int. 6. Were the judges discussing among themselves how the several electors had voted from examining the ballots as they were deposited ?-Ans. I didn't hear a word to that effect.
Cross-examination: X Int. 1. Were the judges canvassing the votes and the clerks making up the tallysheets !-Ans. I believe they were.
X Int. 2. Did you see any other handling of ballots other than was done in counting ?-Ans. No, sir; I did not.
I Int. 3. Did you see any changes of ballots made by anybody ?-Ans. No, sir. I didn't.
X Int. 4. Did anybody besides the judges handle the ballots?-Ans. Not that I seen of.
THORNTON HUBBARD. Subscribed and sworn to before me, and in my presence, by the said Thornton Hubbard, this 15th day of February, A. D. 1883. (SEAL)
CASSIUS M. NORTON, Notary Public in and for Marshall County, Iowa.
J. O. CUTLER, of lawful age, being produced, sworn, and examined on the part of e contestant, testifies as follows:
Int. 1. State your name, age, place of residence, and occupation.-Ans J.O. Cutler; age, 50 years; State Centre, Marshall County, Iowa ; dealer in seeds, &c.
Int. 2. Do you now and did you during the month of Nov., 1882, hold any official position in State Centre Township, Marshall County, Iowa !--Ans. I did not in 1882; I am now township clerk.
Int. 2. Who were you the successor of I-Ans. Of Mr. Adams; F. W. Adams.
Int 4. Are you the custodian of the ballot-box that was used at the Nov. election, 1882, for State Ce tre Township, that contains the votes that were cast for the office of Representative in Congress, and how long ha'e you been such custodian I-Ans. I am the custodian, and bave had the ballot box and poll-list since I received them from the old township clerk, Mr. Adams; I received the poll-list with the other book from Mr. Adams; the ballot-box I found in the town hall where the election was held; I did not receive that from Mr. Adams.
Int. 5. Does the ballot-box contain the ballots of that election, and was it fastened when you found it?-Ans. Why, I suppose they do ; I wasn't a judge of the election ; I supposed it did; I found the ballots in the box; the box was locked and the key was in the lock.
Int. 6. When did you get the ballot-box !-Ans. I couldn't tell you just when it was; there was some delay in settling up with the old trustees, and I didn't get possession of anything belonging to the office until after his settlement with the trustees. • Int. 7. Does the box contain the same ballots that were in it at the time you recd. it I-Ans. Yes, sir.
Int. 8. Who occupies the town hall where you found it, and whereabouts in the hall was the box when you found it i-Ans. The town council meets there, fire companies meet there, and it is under the general supervision of the marshal for any purpose; I found it sitting on top of the corporation recorder's desk.
Int. 9. Do you know whether the ballots were in the box as they were at the time the votes were canvassed, and in what condition did they appear?—Ans. I am not able to say what condition the ballots were in at the time of the canvass, and of course cannot say whether they are in the same con ition now.
Int. 10. Are they loose or in any way fastened together?-Ans. They are strung on a string.
Int. Il. Will you produce the ballots in the presence of the notary and count them, and state how many were cast for James Wilson for the office of Representative in Congress, and how many were cast for Benj. T. Frederick for the same office ?
(Objected to by contestee because it is not shown that the ballots are in the same condition as when canvassed, nor that they could not have been changed.)
Ans. I have no objection to recounting the ballots, if done in the presence of at least one of the trustees; and further, I would say that after finding the box I locked it and gave the key to Mr. L. B. Goodrich, one of the township trustees.
(Mr. L. B. Goodrich being produced, the ballot-box is opened, and the ballots are counted by J. 0. Cutler, township clerk, and L. B. Goodrich, townsbip trustee.)
Int. 12. (To witness, J. 0. Cutler.) Have you counted the ballots found in the box for the office of Representative to Congress, and who assisted you? And state the result of your count.
(Objected to; same as Int 11 above.)
Ans. I have; Mr. Goodrich, one of the trustees, assisted me; one hundred and ninety-three (193) for James Wilson, and eighty (80) for Mr. Benj. T. Frederick, two for Mr. Platner, one for Mr. Snyder, and seven blanks.
Int. 13. You may state how you found the ballots in the box as to their being fastened together and as appearing not to have been changed or disturbed.-Ans. I found them strung on a string; and as to their being changed, I can't see how I can answer that question.
Int. 14. You may state if you found the ballots cast for Frederick strung together, bunched together, and the ballots for Wilson strung or bunched together, and if you found any for Frederick separately among those cast for Wilson.-Ans. I found the most of the ballots for Wilson together, and the most of the Frederick ballots together, and some ballots scattering among all the tickets.
Int. 15. State the order in which the ballots appeared on the string; if you cannot remember, examine again.
(Objected to; same as to Int. 11, above.) Ans. First, I find 2 for Platner, and one Frederick ticket, then two Democratic tickets scratched for Wilson, then comes sixty-five votes for Frederick on Democratic tickets, then one for Wilson, then one for Billy Snyder, and then thirteen for Frederick, then seven blanks for no Congressman, then comes one hundred and sixty-four votes for Wilson, then one for Frederick, and then twenty-six for Wilson.
Cross-examination : X Int. 1. How often has this hall where the ballot-box has been, been used by the fire company or others between the time of election and the time yon took it away! Ans. I can't say positive. The fire company has monthly meetings and the conncil monthly monthly regular meetings, and the marshal goes through the room to take prisoners into the “calaboose."
X Int. 2. Was the hall locked where the box was kept !-Ans. I suppose it has been but not having charge of the hall I cannot say positively.
X Int. 3. Did the recorder of the town use this ball for an office, or was his desk in the ball for council meetings simply 1-Ans. Only for council meeting; he has an office aside from the town hall.
X Int. 4. When did you get this ballot-box and remove it!-Ans. I can't give the exact date; it was somewhere about the last of January or the first of February,
X Int. 5. Have you examined these ballots before this day 1-Aus. I have; in the presence of Mr. Goodrich, one of the township trustees, and Mr. E. P. Thompson and Mr. C. W. Stone, of Marshalltown.
X Int. 6. When was this, and who requested the examination -Ans. About tyo weeks ago; Mr. Stone requested it.
X Int. 7. Whom did he assume to act for; that is, Mr. Stone ?-Ans. For Mr. Fred
X Int. 8. What did he say, if anything, about a discrepancy between the ballots and return, or what reason did he give, if any, for examining the ballots ?-Ans. He said he was in the interest of Mr. Frederick, and wanted to know whether the ballot was correct, and after recounting the ballot he said that evidently the discrepancy was a mistake in counting.
X Int. 9. Did he say anything about any information he had that there was a mistake-Ans. Not to my knowledge.
X Int. 10. Do you find any Republican tickets with Wilson's name erased and Frederick's name substituted in this box 1-Ans. I do.
X Int. 11. About how many ?-Ans. I will have to count them, I guess; there are thirteen.
I Int. 12. From the location or situation of this box in the hall, with the key left in the lock, would it have been possible for any one, so disposed, to have changed a ballot I-A. I think it would have been possible.
X Int. 13. Can you tell that all the ballots now in this box were the ballots that were left in it by the election board after canvassing, and as they were canvassed ?
(Objected to by contestee as leading and immaterial.) Ans. I can't tell positively.
Redirect-examination: R. D. Int. 1. At the time yourself, Mr. Stone, and Mr. Thompson were present when you first counted the ballots before to-day, were any of them altered, changed, or erased for the person or persons voted for the office of Representative to Congress by any one in such counti-Ans. No, sir; they wasn't.
R. D. Int. 2. Has there been any change since that time in the ballots 1-Ans. No, sir.
Recross-examination : R. X Int. 1. By saying there was no change of the ballots when you examined them before, you mean to say there was no change then made at that tiine, do you not; and not that there had been none before that time 1-Ans. That is what I meant.
Re-redirect ex. : R. D. Int. 1. You don't know that any change had been made before that time, do you 1--Ans. I don't know of any.
J. O. CUTLER. Subscribed and sworn to before me, and in my presence, by the said J. O. Cutler, this 16th day of Feb'y, 1883. (SEAL)
CASSIUS M. NORTON, Notary Public in and for Marshall County, Iowa.
Contestee recalls J. O. CUTLER, witness.
R. R. X. Int. 2. When you counted the ballots in the presence of Mr. Stone, did you make the connt the same as you do now I-Ans. We made the count for Mr. Frederick the same, but one less for Mr. Wilson; that is, at that count we made it one less for Mr. Wilson than we did to-day.
Int. By contestant. You may state whether you can explain that discrepancy in the count made in the presence of Mr. Stone, and the one made to-day 1-Ans. I think it was caused by not counting one vote for Mr. Wilson when we counted in the presence of Mr. Stone, on a ticket that had had the head of the ticket torn off for State officers.
J. O. CUTLER. Sworn to and subscribed before me, and in my presence, by the said J. 0. Cutler, this 16th day of February, 1883. (SEAL
CASSIUS M. NORTON, Notary Publio in and for Marshall County, Íowa.