STATE OF IOWA, LEWIS HENNIS, being produced and sworn before J. H. Bradly, a notary public for Marshall County, on this 10th day of April, A. D. 1883, testifies as follows: Ques. 1. Did you vote at the last November election in State Center Township?— Ans. Yes, sir. Ques. 2. Marshall County, Iowa ?-Ans. Yes, sir. Ques. 3. Did you vote for a candidate for Congress?-Ans. Yes, sir. Ques. 4. Did you vote for Mr. Frederick?-Ans. I suppose that is not a question that I need to answer. BROWN. You are not obliged to answer until it is shown that the witness is an illegal voter. Ques. 5. Do you refuse to answer who you voted for?-Ans. Yes, sir; I know who I voted for. Ques. 6. Do you refuse to answer the question?-Ans. No, sir; not if you want it. Ques. 7. Of course we want it; we want all you will give us. Did you vote for Mr. Frederick-Ans. Yes, sir; I did. Ques. 8. Now, I want to ask you how long you have lived in Iowa?-Ans. 15 years. Ques. 9. Did you go to Dakota in 1882, and take up a homestead claim?-Ans. No, sir; I went to Dakota and took my soldier's declaratory; I took a soldier's claim last spring. Ques. 10. Did you make a declaratory statement of the homestead right?-Ans. No, sir; not at that time. Ques. 11. Did you at any time?-Ans. Yes, sir; 26th of December I went back and took homestead. Ques. 12. Last December?-A. Yes, sir. Ques. 13. Did you previous to November election, '82, make your declaration for homestead in Dakota?-Ans. No, I didn't have a homestead taken up at that time. Ques. 14. Where were you born?-Ans. In Germany. Ques. 15. When did you come to this country?-Ans. In '52; I am 31 years old next fall. Ques. 16. Where were you naturalized?-Ans. I was naturalized in Chicago; then I have been in the Army. I got naturalization papers in Chicago. Ques. 17. Then you say, previous to the election you didn't make any declaration for homestead?-Ans. No, sir; I didn't. Ques. 18. How long were you in Dakota previous to the election ?-Ans. First time I was three or four days there. Ques. 19. What time was that?-Ans. In June. Ques. 20. You were there only three or four days?-Ans. Yes, sir; that is all. Ques. 21. At that time you made no declaration?-Ans. No, sir. Ques. 22. Made none until in December?-Ans. Yes, sir; 26th of December, '82. Cross-examination : Ques. 23. Have you got a family living in Marshall County?-Ans. Yes, sir; in State Center. Ques. 24. You had a family last election?-Ans. Yes, sir; 4 years right in State Center; lived in Minerva Township the rest of the time." Ques. 25. Family there yet?-Ans. Yes, sir; it is there yet. $2.25 paid as fee by contestee. STATE OF IOWA, Marshall County, 88: LOUIS HENNIS. W. H. STEWART, being produced and sworn before J. H. Bradly, a notary public for Marshall County, on this 10th day of April, A. D. 1883, testified as follows: Ques. 1. Were you judge of the election in Taylor Township at the last November election, 1882, in the State of Iowa ?-Ans. I was. Ques. 2. Did you assist in making the canvass of the polls of that election ?—Ans Yes; I remained I think till about eight o'clock. Ques. 3. At night?-Ans. Yes, sir. Ques. 4. Were you present until the canvass was entirely made?-Ans. Nearly so; I handed Mr. Fogg the tickets out of the box; two tickets, perhaps, were left unstrung; I handed all of the tickets in the box. Ques. 5. You mean those last two tickets?-Ans. Yee, sir; the two last. Ques. 6. Who took the tickets out of the box?-Ans. I did. Ques. 7. Did you take them both out?-Ans. Yes, sir. Ques. 8. Those two were the last tickets in the box ?-Ans. Yes, sir; I called them off for the clerk, Mr. Fogg. Ques. 9. Did you examine them as you took them out of the box-Ans. Yes, sir. Ques. 10. Did Mr. Fogg examine them after that?-Ans. Yes, sir; I think that he did look them over. Ques. 11. Did Mr. Malmsberry or their judge examine them?—Ans. He strung them on a string after we called them off. Ques. 12. After they were called off?-Ans. Yes, sir. Ques. 13. I will ask you if you were away from the polls about 5 o'clock, or before the polls closed that night ?-Aus. I left there about 8 o'clock in the evening. Ques. 14. You staid there until that time?-Ans. Yes, sir. Ques. 15. Who went away with you when you left?-Ans. Nobody but the man who took me there-Horner. Ques. 16. Is that William Horner, the man who testified in this case?—Ans. He was subpoenaed here before. Ques. 17. What care was taken by you in making the count of the ballots to count correctly-Ans. I took ballots out of the box. I would take out 5, and when we got 5 Republican tickets, I took them out and looked them over as I took them out; I turned them over to see that they were straight Republican tickets; then I counted them over to see that I had 5; then handed them to Mr. Fogg. Ques. 18. Is that all?-Ans. Well, when I would come to the Democratic ticket, I would lay it down at one end of the desk until I got four; if they were straight when I got four or five I would count them. Ques. 19. Did you count the ballots correctly as they were taken from the box!— Ans. I think that I did, sir. Ques. 20. Made a correct assortment, did you?-Ans. Yes, sir. Ques. 21. Who were present at the time you counted the ballots except the judges 1Ans. George Kaler was there most of the time; I don't remember; there might have been some others there when we first commenced to count. Ques. 22. Were there any changes made in the ballots after they were put in the box by anybody?-Ans. No, sir. Ques. 23. Did you make any changes?-Ans. No, sir. Ques. 24. Did you see any made?-Ans. No, sir. Ques. 25. Did you open the box during the day and count the ballots and examine them?-Ans. No, sir; the box wasn't opened until about five o'clock. I think. Ques. 26. By anybody?-Ans. No, sir; not by anybody until five o'clock. Ques. 27. Who had the key of the box?-Ans. Mr. Fogg had the key, I think; he opened the box. Ques. 28. It wasn't opened then nntil you began to count, was it?-Ans. No, sir; it wasn't. Ques. 29. Not any ballots handled whatever?-Ans. No, sir. Ques. 30. I will ask you whether you remember a William Ernst asking you to look over the ballots, and how many Frederick tickets there were in the afternoon?Ans. No, sir; no such thing. Ques. 31. Did you take any ballots out of the box when you commenced to count ?— Ans. No, sir. Ques. 32. Were they taken out of the box for any purpose except for canvassing the returns?-Ans. No, sir; they were not. Ques. 33. Did you at any time in the afternoon see Mr. Ernst the box, and the ticket with Wilson's name erased, and Frederick's name written on the ticket?-Ans. No, sir; I didn't. Ques. 34. Do you know how many votes in Taylor Township were cast for Mr. Wilson for Congress? (Contestant objects to the question as immaterial-not best evidence, the returns being better evidence than testimony of the witness.) Ans. I have forgotten how many ballots there were cast in the township; I can hardly remember now. Ques. 35. Were there any more tickets cast for Mr. Wilson than were counted for him, or taken from the box?-Ans. No, sir; there were not. Ques. 36. Do you recollect when Mr. Ernst left the polls?-Ans. I don't know; I didn't see him around there after along toward evening, well, probably about—well, a little before sundown. Ques. 37. Did you leave at the same time he did?-Ans. No, sir; that is not true; I left about eight o'clock; he was gone a good while before I left. Cross-examination: Ques. 38. Did you have a watch with you?-Ans. No, sir; I didn't. Ques. 39. I mean on the day of the election?-Ans. No, sir; I didn't. Ques. 40. Where did you go the night of the election ?-Ans. I came home, and then went to town. Ques. 41. Did you get away from town?-Ans. Yes, sir; went west. Ques. 43. Did you leave the polls before dark?-Ans. No, sir. Ques. 44. How long after dark?-Ans. Quite a while after dark. I got home at 9.20, drove three and three-fourths miles; we drove pretty lively; it was 9.20 when I got home. Ques. 45. You didn't go with Mr. Ernst home, then?-Ans. No, sir; I didn't. Ques. 46. How did you know that he was there when you went away?-Ans. Well, he wasn't in the house; I don't think he would be standing around out doors in the dark. Ques. 47. How did you know that he wasn't there?-Ans. Because I didn't see him; don't think that he was there. Ques. 48. Do you know that you didn't make any mistake in the count?---Ans. I feel pretty well satisfied that I didn't make any mistake. Ques. 49. You don't know it as a matter of fact?-Ans. I know that we were just as particular as we could be. Ques. 50. Had there been any announcement that the polls would be closed when you left?-Ans. No, sir; we had got through counting. Ques. 51. The polls had not been closed when you left; you don't know but what there were more votes cast after you went away, do you ?-Ans. No, sir; I don't think anybody voted. Ques. 52. Well, do you know that there were any more votes cast after you went away-Ans. I can't say about that. Ques. 53. You are a Republican, are you not, and voted for Mr. Wilson ?-Ans. Yes, sir; I am, and voted for Mr. Wilson. Ques. 54. Do you say positively that the ballot-box wasn't opened at all until after five o'clock-Ans. I say about five o'clock. Ques. 55. What do you mean by about? you didn't look at your watch?-Ans. I went out doors; saw that the sun was about half an hour high. We were in the clerk's office with the poll-books; we were all counting; sun set within 15 or 20 minutes. Ques. 56. You only judge by the sun. Did you see Mr. Hubbard there that day?-Ans. Yes, sir. Ques. 57. Didn't you that he refused to vote because of the ballots being taken out and handled by you?-Ans. No, sir; I don't know any such thing. Ques. 58. Did he say to you that he would not vote where there was such corruption in the ballot-box?-Ans. No, sir; he said no such thing at all. Ques. 59. Was there any voting done after box was opened?-Ans. Yes, sir; after we commenced to count, I closed box and three▬▬ Ques. 60. Several voted ?—Ans. Yes, sir; two or three; I don't remember just how many. Ques. 61. Didn't you receive a good many votes after the box was opened?—Ans. Not a great many. Ques. 62. You received some ?-Ans. Yes, sir; a few votes after we commenced to count. Ques. 63. How many did you count out? How many did you leave in the box when you closed it for parties to vote?-Ans. I could not tell you. Ques. 64. Didn't you get nearly all the ballots counted out?-Ans. No, sir. Ques. 65. Didn't you announce to Mr. Ernst, and others, that Frederick could not have had more than 8 or 9 votes?-Ans. No, sir; I don't think that I did. Ques. 66. Is it not true that the ballot-box was opened at three o'clock ?-Ans. No, sir; that is not true. Ques. 67. Did you show the ballots there to Mr. Ernst, and others, that had Mr. Frederick's name written on it?-Ans. No, sir; I didn't. Mr. Ernst sat behind me. I will state the facts in the matter. Ernst sat behind me; some man had scratched Mr. Jennings' name and put Mr. French on, for recorder. When I took up the ticket I saw they were running French for recorder. Ernst sat right behind me; he might have seen that; it was nothing in regard to Frederick and Wilson at all. Ques. 68. You didn't sign the returns, did you?-Ans. I signed the poll-books in the returns. Ques. 69. When did you sign the poll-book?-Ans. Just before I left. Ques. 70. Then you signed the poll-book before the polls were closed, did you; before you were through counting?-Ans. We were just about through counting. Ques. 71. It was before the polls were closed you signed it?-Ans. I signed it just before I left. Ques. 72. That was before the polls had been closed?-Ans. No, sir; we were just through counting. Ques. 73. There had been no announcement of the polls being closed, had there? -Ans. I don't know; I didn't get any announcement; I don't know whether the other gentlemen had or not. Ques. 74. Were not the tickets in the box when you left ?-Ans. No, sir; there were I handed out the last tickets in the box; at least had them in my hand, none. Ques. 75. Did you know that the tallys were all made?-Ans. I think that they were, sir. Ques. 76. Had those two tickets been called before they were tallied?-Ans. As to those two tickets, I saw them when they were counted; I didn't hear, but I suppose they were counted. Ques. 77. You don't know whether they were connted or not; you don't know whether those tallies were made or not?-Ans. I can't say as to that. Ques. 78. Then you don't know whether the return was made; don't know whether it was the correct return or not?-Ans. I can't say as to that; I suppose it was. Ques. 79. Where was it you saw the poll-book? Was it in the front side or back side-Ans. Well, I don't know; I saw the poll-book any way. sir. Ques. 80. That is the first time you had seen the poll-book that day?—Ans. Yes, Ques. 81. That was the oath of office of election judge that you signed ?-Ans. No, sir; it was not. Ques. 82. Did you sign the poll-book, rather the return in the book, of the book for each officer, before the election polls were closed?-Ans. I signed the poll-books. When Mr. Sante, the clerk, handed the poll-books to me, he said you had better sign it before you go; I took the poll-book and signed it. Ques. 83. You don't know what votes were cast after you left?-Ans. I don't know that there were any votes cast after I left. Ques. 84. You don't know but what there was?-Ans. No, sir; of course not. Ques. 85. You didn't tell Mr. Ernst that there were only 8 ballots for Frederick in the box-Ans. I don't remember of telling him anything about that. Ques. 86. Didn't you tell him in the afternoon only those votes were for Frederick, along about half past two o'clock, when you opened it ?-Ans. No, sir; I didn't do any such thing: because the box wasn't opened. Ques. 7. When it was opened didn't you tell him-didn't you finger over them— look at the Democratic ballots ?-Ans. No, sir; I didn't. Ques. 88. You didn't authorize anybody to sign the poll-books for you?—Ans. In the morning I told the clerk that I didn't know but that I had to go away; and if we could not get through, I would have to get them to sign my name; for it would be legal; I didn't know whether it would be or not. I told Mr. Sante that I would have him sign my name to the books if I had to go away before we got through. Ques 89. That was in the morning? Did you expect the position as judge of the election-Ans. No, sir; I told them I didn't know whether I could stay until they got through; I didn't know when we could get through. Ques. 90. Did you look at your watch when you left, or anybody's time?—Ans. I didn't have any time. Ques. 91. You didn't look at any time?-Ans. Not until I got home, until 8 o'clock. Ques. 92. You don't pretend to say it was just 8 o'clock?-Ans. I say that it was about 8 o'clock. Ques. 93. Somewhere in the neighborhood of 8 o'clock ?-Ans. Yes, sir; about that. Ques. 94. What do you mean? That the polls did not close until about 8 o'clock ! How late did you receive any tickets?-Ans. The last tickets might have been about 6 o'clock; about that time. Ques. 95. Do you remember who voted before the last votes were cast?-Ans. I have the impression that William Horner was the last man that voted; that is my impression. W. H. STEWART. $1.15 paid as fee by contestee. STATE OF IOWA, Marshall County, 88: ADNA FOGG, being produced and sworn before T. Brown, notary public for Marshall County, on this 10th day of April, '83, testifies as follows (T. Brown appearing on the part of contestant, and J. H. Bradley on the part of contestee): Ques. 1. Were you one of the judges of the Nov. election in Taylor Township, last election?-Ans. Yes, sir; I was. Ques. 2. I will ask you if you were present all the time during the casting and counting of the ballots?-A. Yes, sir, I was. Ques. 3. Do you remember when Mr. Stewart went away from the polls?—Ans. Yes, sir; I remember about the time he went away. Ques. 4. When was it?-Ans. About 8 o'clock. Ques. 5. Were there any ballots cast after he went away?-Ans. No, sir. Ques. 6. How near were you done counting at that time, and what was there to do after that?-Ans. Mr. Stewart handed me the last two tickets out of the box before he left. Then we had our road-supervisor books to look over after that. Ques. 7. This was the general election books?-Ans. Yes, sir. Ques. 8. Do you recollect when Mr. Ernst left the polls?-Ans. It was about sundown. Ques. 9. How long after that Mr. Stewart went away?-Ans. It seems to me as if he went away about 8 o'clock. Ques. 10. How long was the last ballot cast before Mr. Stewart went away?—Ans. The last ballot was cast just before 6 o'clock; two hours before he went away. Ques. 11. I will ask you whether the ballot-box was open during the afternoon before you commenced to count the ballots?-Ans. No, sir; it was not. Ques. 12. I will ask you if there was any change made in the ballots cast that day by anybody to your knowledge?-Ans. No, sir; there was not. Ques. 13. Did you see Mr. Stewart in the afternoon open the box to show the ballots to Mr. Ernst-Ans. No, sir; he could not have opened the box, because I had the key myself. Ques. 14. How long was the box kept locked?—Ans. Till about 5 o'clock. Ques. 15. Was that the time you commenced counting?-Ans. Yes, sir; that is the time we commenced counting. Ques. 16. Did you make a correct count of the ballots?-Ans. Yes, sir. Q. 17. Did you examine them all?-A. Yes, sir; I did. Ques. 18. Did Mr. Malmsberry examine them?-Ans. I don't know. Ques. 19. Do you remember how many ballots there were cast at that electionwhat number?-Ans. I don't know. Ques. 20. Do you remember how many ballots there were cast for Mr. Wilson-Mr. James Wilson?-Ans. I do not. Ques. 21. Did you make a return of the ballots that night?-Ans. No, sir. Ques. 23. Was that return made to the auditor's office a correct statement of the ballots?-Ans. Yes, sir; it was. Ques. 24. Did Mr. Wilson receive the number of votes that the returns showed that he received?-Ans. Yes, sir. Ques. 25. Did Mr. Stewart have a key during the day to the ballot-box ?—Aus. No, sir. Ques. 26. Until you commenced the canvass ?-Ans. He did not have it at all. Cross-examination: Ques. 27. How many times did you count these votes ?-Ans. Mr. Stewart took them ont of the box; then I counted them; looked them over to see that they were cor rect. Ques. 28. Are you sure you didn't make any mistake?—Ans. No, sir; we didn't make any. Ques. 29. You are liable to make mistakes as well as anybody?-Ans. Yes, sir; I suppose anybody is liable to. Ques. 30. Did you look over the ballots separately for each candidate on the ticket? Ans. Yes, sir; separately. Ques. 31. Did you read the names separately or did you read them by fives?-Ans. Yes, sir; we read them by fives; all the clerks looked over them. Ques. 32. Was the box opened before sundown?-Ans. No, sir; at 5 o'clock. Ques. 33. You say that the sun was shining brightly when the box was opened?— Ans. I don't remember; the sun was on the other side of the house. Ques. 34. You had a watch with you.-Ans. Yes, sir. Ques. 35. Did you notice what time it was when the box was opened?—Ans. Yes, sir. Ques. 36. What time was it?-Ans. 5 o'clock. Ques. 37. Was your watch correct?-Ans. Yes, sir. Ques. 38. You were positive it was just 5 o'clock by your watch?-Ans. Yes, sir; 5 o'clock. Ques. 39. Well, you say it was about 5 o'clock, or just 5 o'clock ?-Ans. It would not have varied many minutes from 5 o'clock. Ques. 40. It might have been a few minutes before 5 o'clock.-Ans. Yes, sir; it might have been. Ques. 41. You don't remember just what time.-Ans. No, sir; not exactly. Ques. 42. Did you receive votes after the box was opened-after you commenced counting ?-Ans. Yes sir. Ques. 43. Do you know how many you received?-Ans. I think about two votes. Ques. 4 4.Might you not have received three or four?-Ans. I don't know just how many we received. |