Ques. 45. Was not the box opened when Mr. Ernst was there?-Ans. I don't remember when he was there.

Ques. 46. Was it open when Mr. Hubbard was there?-Ans. I don't remember when he was there.

Ques, 47. How far does he live from the place of the election ?-Ans. Two and a half miles, perhaps.

Ques. 48. Was the box open long enough before sundown for a man to go four and a half, and get home when the sun was shining?-Ans. No sir.

Ques. 49. Mr. Bosworth is incorrect when he says the sun was still shining when he got home, if he was there when the box was opened.-Ans. Yes sir; I think he was mistaken there.

Ques. 50. Where were the returns signed-the returns of the election you made to the auditor?-Ans. Those made to the auditor was signed there.

Ques. 51. Where were they signed ?-Ans. In the auditor's office.

Ques. 52. Who was present; the judges and the clerks-all the judges present?— Ans. All except Mr. Stewart.

Ques. 53. Now, didn't you return the tally-list before you read the tally-list over?— Ans. I didn't.

Ques. 54. Did you bring it over sealed or unsealed?-Ans. Sealed.

Ques. 55. Did you open it afterwards?-Ans. Yes, sir; I did.

Ques. 56. You opened your returns?-Ans. Yes, sir.

Ques. 57. Did yon return it to the auditor before you opened it?-Ans. No, sir; I forgot to sign it before we sealed it up; we took it in there and asked him about it; he says, open it and sign it; I said, have you any envelope; we will get a new envelоре.

Ques. 58. Then you opened your returns at Marshalltown.-Ans. Yes, sir.

Ques. 59. You don't know whether the clerks counted off the returns correctly or not?-Ans. I suppose they counted them right; the books corresponded.

Ques. 60. You don't know whether they counted them right or not?-Ans. I know that the books corresponded.

Ques. 61. With what?-Ans. With each other.

Ques. 62. You don't know whether they were counted correctly or not?—Ans. I can't tell, of course.

Ques. 63. Did Mr. Stewart want to do his chores that evening; is that the reason he wanted to go away?-Ans. No, sir; he said he wanted to go on the train, 11 o'clock. Ques. 64. Was he out during the afternoon at any time?—Ans. No, sir.

Redirect:

Ques. 65. When you opened the return to sign it, was there any change made in the return?-Ans. No, sir; there was no change made at all.

Ques. 66. How far do you live from here?-Ans. 7 miles.

$1.45 paid as fee by contestee.

STATE OF IOWA,

Marshall County, 88:

ADNA FOGG.

ISAAC MAULSBERRY, being produced and sworn before T. Brown, notary public for Marshall Co., 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 election in Taylor Township last November?-Ans. Yes, sir.

Ques. 2. Did you help to count the ballots, eve of the election?—Ans. I remember I looked over them a little and strung them.

Ques. 3. Did you examine them when they were called off to discover whether any mistakes had been made?-Ans. No, sir; I did not take much notice. I did not look over all of them; I supposed it was all right, of course.

Ques. 4. Were there any changes made during the counting that you saw or discovered?-Ans. No, sir.

Ques. 5. At what time were the polls closed?-Ans. About 8 o'clock.

Ques. 6. At what time was the last vote cast?-Ans. I can't tell exactly; pretty

well towards 6 o'clock.

Ques. 7. How long were you counting the ballots?-Ans. We commenced at 5 o'clock, and were busy until 8 o'clock.

Ques. 8. Was the ballot-box open before you commenced counting?-Ans. No, sir. Ques. 9. Did you know who had the key?-Ans. Mr. Fogg had it. I did not see it that day.

Ques. 10. Did you see Mr. Stuart have the ballot-box open in the afternoon — Ans. No, sir.

Ques. 11. Did he show the ballot to Mr. Ernst at any time?-Ans. No, sir. Ques. 12. Do you remember how many votes at your election was cast for Wilson for Congress?-Ans. No, sir; I did not pay much attention to it; I could not tell much about it.

Ques. 13. Was the number made by the return a correct number?-Ans. Yes, sir; it was a correct one.

Ques. 14. You intended to sign the returns that night?-Ans. Yes, sir.

Ques. 15. You signed it the next day, did you?-Ans. Yes, sir.

Ques. 16. Now, was there any change made in the return at the time you signed it? -Ans. No, sir.

Ques. 17. At any other time?-Ans. No, sir.

Ques. 18. Do you recollect seeing Mr. Ernst there that afternoon?-Ans. Yes, sir; I saw him there in the afternoon.

Ques. 19. Do you remember what time he went away?-Ans. No, sir; I do not know what time he went away.

Ques. 20. How long did Mr. Stuart stay?-Ans. He left about 8 o'clock.

Ques. 21. Had you finished counting votes?-Ans. Yes, sir; the last two tickets were handed out just before he left.

Ques. 22. Do you remember with what care the ballots were counted out?-Ans. As much care as I ever saw in counting; as much as I bave ever used in counting; we were very careful in counting.

Ques. 23. Was there more than one return made from that township from the election-Ans. No, sir.

Ques. 24. The return that was made was the one counted out that night, was it?— Ans. Yes, sir; it was the only one.

Ques. 25. Now, if that return shows 48 votes cast for Wilson, it is correct, is it?— Ans. Yes, sir; I won't swear to that, because I did not pay much attention to it. I supposed that it was all right.

Cross-examination:

Ques. 26. You did not count the votes to know how many votes were cast for Wilson or Frederick, did you?-Ans. No, sir, I did not.

Ques. 27. You were one of the judges?-Ans. Yes, sir; but I did not particularly

count them.

Ques. 28. You do not know whether the votes were counted correct or not, do you? -Ans. Well, no, sir; I don't say that I do, for I supposed they were counted correctly. Ques. 29. You relied upon those other gentlemen entirely?-Ans. I did not question them about it; no, sir.

Ques. 30. You do not know but what Frederick received more votes than you know of so far as your own observation is concerned?-Ans. I do not know that he did. Ques. 31. Well, I mean by your own count?-Ans. I did not count particularly. Ques. 32. Did you consult your watch when that box was opened?-Ans. No, sir; I saw Mr. Fogg's watch.

Ques. 33. Did you know what time it was?-Ans. About 5 o'clock.

Ques. 34. Do you know whether before or after 5 o'clock ?-Ans. I do not know whether it was a few minutes before or after 5 o'clock.

Ques. 35. It might have been several minutes before that time?-Ans. No, sir; I think not many minutes.

Ques. 36. You do not know whether his watch was correct or not?-Ans. I do not know that.

Ques. 37. You saw William Ernst there after that, did you?-Ans. No, sir; I do not recollect seeing William Ernst after that. He left some time in the afternoon; I cannot say just when he left.

Ques. 38. Didn't Stewart talk about how parties voted in the presence of Ernst about Mr. Horner voting? Did he say anything to you? Did not Stewart want to see Horner's ticket to see how he voted?-Ans. I cannot say that I know anything about that; I was not paying much attention.

Ques. 39. These returns were signed in the morning? They were sealed up and brought to the anditor's office before they were signed, were they not?-Ans. Before they were signed they were brought to the auditor's office.

Ques. 40. They had been sealed before that?-Ans. Yes, sir.

Ques. 41. They were put in an envelope and sealed and you went into the office and signed them?-Ans. Yes, sir.

($1.25 paid as fee by contestee.)

ISAAC MAULSBERY.

STATE OF IOWA,

Marshall County, 88:

Deposition of witness produced before me, J. H. Bradley, a notary public and commissioner agreed to take testimony this eighth day of April, A. D. 1883, in a proceeding before the House of Representatives of the United States of America, in a contested election for the office of Representative in Congress; in which proceedings Benjamin T. Frederick is contestant and James Wilson is contestee, T. Brown appearing as attorney for B. F. Frederick, and J. H. Bradley appearing as attorney for James Wilson.

(Lewis Hennis sworn as interpreter.)

ADAM DEUTCH, of lawful age, being produced and sworn in due form of law, testi fies as follows:

Ques. 1. Where do you live?-Ans. French Grove.

Ques. 2. Did you vote at the last election, Minerva Township?-Ans. Yes, sir. Ques. 3. I will ask you if you voted for Benjamin Frederick for Representative in Congress?-Ans. He voted straight Democratic ticket.

Ques. 4. Was Frederick's name on that ticket?-Ans. Yes, sir; he said that he voted straight ticket.

Ques. 5. Ask him if he recollects voting for Frederick?-Ans. He said that he voted straight Democratic ticket.

Ques. 6. Ask witness where he was born.-Ans. In France.

Ques. 7. Ask him how long he has been in Iowa.-Ans. 16 years.

Ques. 8. Ask him where he lived in the United States before he came to Iowa.-Ans. In Illinois.

Ques. 9. How long did he live there?-Ans. He said he might have lived there 10 or 12 years before he came here, he is not very certain.

Cross-examination :

Ques. 10. How long have you voted at elections ?-Ans. He says he has since he has had his last papers.

Ques. 11. Where was he naturalized?

(Contestee objects to the question.)

Ans. In Carroll County, in this State.

Ques. 12. How many papers did he get?

(Contestee objects to the question, as his papers are best evidence.)

Ques. 13. Has he his papers now ?-Ans. Yes, sir.

Ques. 14. With him?-Ans. Yes, sir; they are here.

(Witness produces papers.)

(It is admitted by contestee that papers are good and sufficient.) $2.55 paid his fee to—

STATE OF IOWA,

Marshall County, 88:

ADAM DEUTCH.

Deposition of witness produced before me, T. Brown, a notary public and commissioner agreed to take testimony, this tenth day of April, A. D. 1883, in a proceeding before the House of Representatives of the United States of America, in a contested election for the office of Representative in Congress, in which proceedings Benjamin T. Frederick is contestant and James Wilson is contestee, T. Brown appearing as attorney for B. T. Frederick and J. H. Bradley appearing as attorney for James Wilson.

AUGUST GERMAIN, of lawful age, being produced and sworn by T. Brown, in due form of law, testifies as follows:

Ques. 1. Where do you live?—Ans. In Marshall County, Minerva Township. Ques. 2. Did you vote at the last November election in Minerva?-Ans. Yes, sir. Ques. 3. Did you vote for Mr. Frederick?-Ans. Yes, sir.

Ques. 4. For Congressman?-Ans. Yes, sir.

Ques. 5. Where were you born?-Ans. Marshall County.

Ques. 6. Is your father Augustus Germain?-Ans. Yes, sir.
Ques. 7. What is your age?-Ans. 24, 20th October.
($2.75; paid his fee by contestee.)

STATE OF IOWA,
Marshall County, 88:

Deposition of witness produced before me, T. Brown, a notary public and commissioner agreed to take testimony, this tenth day of April, A. D. 1883, in a proceeding before the House of Representatives of the United States of America, in a contested election for the office of Representative in Congress, in which proceedings Benjamin T. Frederick is contestant and James Wilson is contestee, T. Brown appearing as attorney for B. T. Frederick and J. H. Bradley appearing as attorney for James Wilson.

AUGUST ECHHART, Jr., of lawful age, being produced and sworn by T. Brown, in due form of law, testifies as follows:

Ques. 1. How old are you Mr. Echhart?-Ans. 22 years old, October 5th.

Ques. 2. Last October or next October?-Ans. Next October.

Ques. 3. Where were you born?-Ans. Marshall County.

Ques. 4. Did you vote in Minerva Township -Ans. Yes, sir.

Ques. 5. Last election?-Ans. Yes, sir.

Ques. 6. Did you live in Minerva?-Ans. Yes, sir.

Ques. 7. How long have you lived in Minerva ?-Ans. Just as long as I have been out here.

Ques. 8. Always lived there?-Ans. Yes, sir.

Ques. 9. You say you were born here?-Ans. Yes, sir.

Ques. 10. Always lived here?-Ans. Yes, sir.

Ques. 11. What was your father's name?-Ans. August Germain.

Ques. 12. You have traveled five miles from State Centre?-Ans. Yes, sir. ($2.75; paid his fee by contestee.)

STATE OF IOWA,

Marshall County, 88:

AUGUST ECHHART, JR.

Deposition of witness produced and sworn before me, T. Brown, a notary public and commissioner agreed upon to take testimony, on this 10th day of April, A. D. 1883, in a proceeding pending before the House of Representatives of the United States of America, in a contested election for the office of Representative in Congress, in which proceedings Benjamin T. Frederick is contestant and James Wilson is con testee, T Brown appearing as attorney for Benjamin T. Frederick and J. H. Bradley appearing as attorney for James Wilson.

LOUIS GERMAN, of lawful age, being produced and sworn in due form of law, by T. Brown, testifies as follows:

Ques. 1. Where do you live?-Ans. Minerva Township.

Ques. 2. What is your age?-Ans. 22.

Ques. 3. When were you 227-Ans. 15th October.

Ques. 4. Last October ?-Ans. Yes, sir.

Ques. 5. Where were you born?-Ans. In Minerva Township.

Ques. 6. Did you vote in Minerva Township last fall?-Ans. Yes, sir.

Ques. 7. You traveled some distance, did you not?—Ans. No, sir; six miles from State Centre.

Ques. 8. In what year were you born?-Ans. I cannot tell you exactly; I was 22 years old 15th October.

Ques. 9. Who told you that?-Ans. My father.

Ques. 10. How long ago did you know that; have you been told a good many years-Ans. Yes, sir.

($2.85; paid his fee by contestee.)

STATE OF IOWA,

Marshall County, 88:

AUGUST C. Voss, being produced and sworn before T. Brown, notary public for Marshall County, on this 10th day of April, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, J. H. Bradley on the part of contestee):

Q.1. Where do you live?-A. In Minerva Township.

Q.2. What is your business?-A. Nothing much of anything now; I was farming. Q.3. Where did you live in Nov. last?-A. In Minerva Township.

Q.4. Did you vote in Minerva Township or State Center last fall?—A. I voted in Minerva Township.

Q.5. Did you live in State Center last fall?-A. No, sir; I kept a saloon there, but I did not live there.

Q.6. Are you a married man?-A. Yes, sir.

Q.7. Did you vote at last election, Nov., for Frederick for Congress!—A. Yes, sir.

Q. 8. You say you live in Minerva Township?-A. Yes, sir.

Q. 9. What section did you live on?-A. On No. 35; but I would not be positive, but I think so; it was on Louis Hennie's place.

Q. 16. Is it 85-20, or is it 85-18; you live on section 35; on 34 or 35?-A. On 34 or 35, I don't know which.

Q. 11. How far from the township line is it?-A. Half a mile from State Center Township line.

Q. 12. Did you live at home at the time you kept your saloon?-A. I lived there then, at the time of the election.

Q. 13. How long had you lived in Minerva Township at the time of the election? --A. I lived there in Story County 2 years; also for a short time I lived in Marshall County.

Q. 14. At the time of the election how long had you lived in Minerva Township! -A. Two years.

Q. 15. Where did you live before that?-A. In Story County.

Q. 16. You lived there until about when?-A. Two years ago.

Q. 17. Did you live in Minerva 2 years before the election ?-A. I lived there from the 20th of March, last month it will be two years the 20th of March.

Q. 18. Have you lived there ever since?—A. Yes, sir.

Q. 19. Your family lived there?-A. Yes, sir.

Q. 20. Are you a married man?-A. Yes, sir.

Q. 21. At that time, last election, you kept saloon in State Center?-A. I had an interest in a saloon there.

Q. 22. Didn't you stay in State Center most of the time?-A. I hardly have stopped overnight there; I have been there several times.

Q. 23. You voted in Minerva, you say?-A. Yes, sir; I didn't suppose I had any right to vote in State Center, because they challenged my vote.

Q. 24. How far did you live from State Center?-A. Two and a half miles. ($2.55 paid as fee by contestee.)

STATE OF IOWA,

Marshall County, 88:

AUGUST C. Voss.

JAMES DUNN, being produced and sworn before Brown, a notary public for Marshall County, on this 11th day of April, A. D. 1883, testifies as follows (J. H. Bradley appearing on the part of contestee, and T. Brown appearing on the part of contestaut):

Ques. 1. Where do you live?-Ans. Liberty Township.

Ques. 2. Did you vote at the election in your township in Nov. ?-Ans. Yes, sir. Ques. 3. Did you vote for a candidate for Congress? did you vote for Frederick ?— Ans. Well, now, I cannot answer that.

Ques. 4. You voted Democratic ticket, didn't you?-Ans. Yes, sir.

Ques. 5. You supposed you voted the straight ticket, didn't you?-Ans. Yes, sir. Ques. 6. You have reason to believe that you voted for Frederick ?-Ans. Well, I would not wonder.

Ques. 7. You voted in Liberty Township?-Ans. Yes, sir.

Ques. 8. Where were you born, Mr. Dunn ?—Ans. In Ireland.

Ques. 9. When did you leave Ireland; how old were you when you left Ireland?— Ans. That I cannot tell, either.

Ques. 10. How old are you now?-Ans. I am about 40; yes, sir, I think I am about that.

Ques. 11. You were about 21 when you left there, were you?-Ans. I have no date for it.

Ques. 12. How long have you been here in Iowa?-Ans. I think I have been here 18 years in Iowa; couple years back in New York.

Ques. 13. Where did you get your papers?-Ans. Right here in this court-house. Ques. 14. In this county?-Ans. Yes, sir.

Ques. 15. Have you got them with you?-Ans. No, sir; but the date is all there, I expect; if not, I have them at home.

Ques. 16. Have you your papers at home ?-Ans. Yes, sir; certainly.

Ques. 17. How many papers have you; more than one?-Ans. Yes, sir.

Ques. 18. This was last Nov., '82, that you voted?-Ans. Yes, sir.

Ques. 19. In Liberty Township?-Ans. Yes, sir.

Cross-examination :

Ques. 20. What court did you get them before; in what court did you get your papers?

(Contestee objects to the testimony; not best evidence.)

Ans. 13 or 14 years ago.

Ques. 21. In the district court or circuit court?-Ans. I cannot say.