« AnteriorContinuar »
find a paper similar to the one being presented. [Copy :) Joe Beranak, 4th ward; Joe Baranek, Chas. Bushnald, Joe Beranak, Chas. Bushnald, R. Estabrook. Filed, marked Nov, 7th, '82.
(This file marked is on all the papers.)
Ques, 22. Now pass to M. J. Rowley. (Witness examines register.)-Ans. I do not. find him on the register.
Ques. 23. Look and see whether there is any affidavit of his qualifications.-Ans. I find a paper similar to the others; nowhere any affidavit. [Copy :] M.J. Rowley, 4th ward; M.J. Rowley, and also J. M. Colcords, J. M. Rowley, J. M. Colcords, R. Estabrooks. Filed, 4th ward, Dec. 7, 1882.
Ques. 24. Now take Jno. Langan, 4th ward, and see if you find his name on the register. (Witness examines.)-Ans. I do not find him registered.
Ques. 25. See whether there is any affidavit of his qualifications.
Ques. 26. Any affidavit ?-Ans. No, sir. [Copy :) Jno. Langan, 4th ward ; Jno, Langan, Frank Loucks, Jno. Langan, F. Loucks, R. Estabrooks. Filed; Jno. Langan, 4th ward, Nov. 7th, 1882.
Ques. 27. Now look for Frank Lourcks, 4th ward.
Ques, 29. Examine whether or not there is any affidavit on file.-Ans. I find a paper similar to the other paper here.
Ques, 30. Any affidavit ?-Ans. No, sir.
(Copy]: C. C. Shepherd, 4th ward; C. Ć. Shepherd, Charles Jacobs, C. C. Shepherd, Charles Jacobs, R. Estabrooks. Filed ; C. C. Shepherd, 4th ward, Nov. 7, 1882.
Ques. 32. Look in the 3rd ward for Frank J. Bates, and see whether or not he is reg. istered there.--Ans. He is registered ; 207 West Church street.
Ques. 33. Is it F. J. Bates I-Ans. This is F. Bates; I do not find any F. J. Bates.
Ques. 34. See if there is any affidavit showing his qualifications to vote in that ward.
Q. 35. Now take Amasy Hoit.-A. He is registered in the 3rd ward.
Q. 36. Take John Hagan, 2nd or 3rd ward; who vouched for him!-A. I find a paper here.
Q. 37. Do you find any affidavit at all ?-A. No, sir; not any.
Q. 38. What is the paper 1-A. It is a blank sheet of paper with the exception of two names.
Q. 39. What names are on it 1-A. John Hagan and J. J. Hall.
0.32. Who put his name on the register; did you do it? A. No, sir; I did not put it on. I think it was done by O. P. Arnold. I saw the man who attended to the register, for he was there. It looks like the handwriting that he writes.
Q. 33. This was on election day 1-A. Yes, sir.
Q. 34. Take the 3rd ward and the name of Eugene Kirkaft.-A. His name is on the register; put there on election day.
Q. 35. Is there any affidavit for the authority in the register?-A. There is a paper. Q. 36. Any affidavit 1-A. No, sir.
Q. 37. What is the paper ?-A. It is a half sheet with the name of Kirkaff and John Herbert.
Q. 38. Do you know Herbert ?-A. Yes, sir.
Q. 40. Is Herbert's name on the register?-A. Yes, sir; he is registered at 701 South street.
Q. 41. Now look for John Seener.-A. Yes, sir; his name is on there; spelled Seaner.
(Objection; incomyetent, immaterial.)
A. 0.J. Worley was registered on election day, but there is no affidavit. There is a paper with the names of 0. J. Worley and J. K. Haas.
Q. 46. Is Haas registered in the 3rd ward ?-A. He is registered 301 South 2nd street.
Q. 47. That is in the 3rd ward ?--A. Yes, sir.
(Objection; incompetent, immaterial, irrelevant; and for the further reason that it · does not appear to be the same identical person referred to.)
Q. 49. See if there is any affidavit for a register ?-A. I find an affidavit for Row
Q. 50. There is no W.J. Rowley registered I-A. I will look and see if I can find any W.J. Rowley. There is some one who voted and gave his name as W.J. Rowley. (Witness examines the book.)—A. I don't find him.
Q. 51. State who made affidavit for qualifications for W. Rowly.-A. A. Boyl was the man who vouched for him.
Q. 52. Does the affidavit show the residence of Mr. Rowley; where does he reside? -A. No, sir.
Q. 53. Does the affidavit show the number of the street of Boyl in the ward I-A. No, sir.
Q. 34. C. F. Boyl; he is on that register, in that precinct 1-A. I believe so; Andrew Boyl, South Center street; on the ward west side of the city is one ward ; another ward is op another side: I know where he lives.
Q. 55. Now take 2nd ward; W. Wallace.-A. He was registered on election day.
Q. 56. See if there is an affidavit of his qualifications.-A. I don't find any affidavit of W. Wallace.
Q. 57. Do you find any paper ?--A. I find a sheet of paper.
Q. 58. What is the paper; what is upon it?-A. Two rows of names, marked nonregistered voters; the others are voters; among these is the name of Will Wallace; opposite is the name of D. K. Wolf.
Q. 59. Is Wolf registered in 2nd ward ?-A. Yes, sir; also F. J. Bates' name is in the same list.
Q. 60. Let's have it.-A. F.J. Bates is registered on election day, and there is no affidavit for him; I find his name in this list as spoken of as a non-registered voter; voucher, Byron Webster.
Q. 61.' That is from what ward ?-A. 2nd ward.
Q. 62. Where does Byron Webster live ?-A. He lives in 4th ward, 411 East Lynn st.; that is in the 4th ward. Q. 63. These 4 wards are 4 precincts in the city, are they not?-A. Yes, sir.
Q. 65. State how it was these blank affidavits and papers were taken as to these parties in the 3rd ward, Langen Kirkaff and others. (Contestee objects; incompetent, immaterial.)
A. We run out of the regular printed forms. The judges of the election took this blank paper out and signed their names and the voters signed their names.
Q. 67. Were they all sworn ?-A. I think they were all sworn; most of them had one. Yes, sir; they were all sworn.
Q. 68. Was the witness sworn ?-A. Yes, sir.
Q. 69. Sworn after, before you had any printed forms filled out, so you took their oath orally?-A. Yes, sir. They were sworn just the same as they were sworn on the regular forms.
Redirect: Q. 70. Do you know that they were sworn? It does not appear in these papers that they were sworn ?-A. When I was there all whose names appear were sworn while I was there; might have been one or two that were not sworn.
Q. 71. That is the 3rd ward ?-A. I do not know anything about it.
Q. 72. Were not these papers issued in all these wards for parties that voted, and were not these papers issued in all these wards for parties who did not appear to have been sworn and no affidavit at all made?-A. Well, in the 4th ward there was no name registered on election day; in the 2nd ward without any regular affidavits.
Q. 73. In this case you testified in the 4th ward ?-A. No, sir; nothing to show that they were ever sworn.
Q. 74. You were clerk of the elections in the 3rd ward ?-A. Yes, sir.
Recross-examination: Q. 76. The judges run out of blank affidavits for the parties and signed papers which they filled out, and the oath was administered, and they testified in this way?-A. Yes, sir; the oath was administered regularly, the same as on the regular form, and they signed the blank pieces of paper.
Q. 77. In the 3rd ward they left room for writing the regular affidavit; but it was never done. Is there any file in your office showing the population of Marshalltown?A. I have not. Q. 78. Did you have any before the making out of the register list?-A. No, sir.
Redirect: Q. 79. Look at the 2nd ward and see if you can find the name of A. N. C. Gadd.-A. I do not find it on the register.
Q. 80. Look in the 3rd ward and see if it is there.-A. I do not find him registered.
Q. 81. Will you please look in the 4th ward ?-A. No, sir; he is not there. I will look in the first ward.
Q. 82. Well, it is not registered at all.
Q. 86. Now look for G. W. Hoyter. Look in all the wards.-A. I do not find his name. He is not registered.
Q. 87. Look for the name of A. Ganch.-A. August Ganch was registered in the 2nd ward on election day.
Q. 88. Who vouched for him ?-A. J. B. Dishner.
Q. 93. What is the paper ?-A. Files of the copy paper, with the names of A. D. Reeve, A. D. A. Hoit.
Q. 94. That is all there is of that paper ?-A. Yes, sir.
Q. 95. How far down is the name of A. D. Reeve?-A. Just below the middle of the page.
Q. 96. How far down is Hoyt?-A. Down near the bottom.
Q. 98. Was it your intention to fill them out afterward?-A. Yes, sir. That was the case at the time when they were taken.
Q. 100. The oath administered, these persons were proved to be residents of the ward where they were registered ?-A. Yes, sir.
Redirect: Q. 101. You say they were proved to be residents of the ward, or simply said to be so?-A. They were not, and said that they knew that they were residents of the ward and legal voters.
Q. 102. Was the only reason that the affidavits were not taken and filed that there was not time to do it?-A. I would not say as to that; the regular forms run out. The judges decided to take their votes simply by administering the oath in writing. They signed the paper and the voter also signed it.
Q. 103. Then the writing was never made in this case ?-A. No, sir; never.
Q. 104. These papers, then, were all that there were ?-A. Yes, sir; all that there was ever filed.
R. BINFORD. 85 cts. paid as fee by contestee.
STATE OF IOWA,
Marshall County, ss :
Ques. 1. Where do you live?-Ans. In the third ward.
Ques. 4. Did you vote for Mr. Frederick, Representative for Congress?--Ans. Yes, sir; I did.
Ques. 5. Is that your full name, A. Hoit?-Ans. Yes, sir.
AMASA HOIT. STATE OF IOWA,
Marshall County, 88:
Ques. 1. Where do you live?-Ans. State Center.
Ques. 6. Do you know whom he voted for for member of Congress ?-Ans. Yes, sir;
Ques. 12. How long has he lived there?-Ans. I cannot say the number of years, but I guess nine or ten.
Ques. 13. Do you know of what country he is a native?-Ans. Yes, sir,
Ques. 16. How old a man is he?-Ans. I cannot say how old he is. I should judge in the neighborhood of 50. He has children 24 years old.
Ques. 17. Did he vote at the last general election ?-Ans. Yes, sir.
Ques. 18. For whom did he vote-for which candidate for Congress ?-Ans. For Frederick.
Ques. 19. Do you know whether he was naturalized or not?-Ans. No, sir; I do not. I suppose so; I cannot say. Ques. 20. If he was naturalized, where did he get his papers ? (Objection, immaterial.)
Ques. 21. Do you know whether he got them here or not?—Ans. No, sir; I don't know that.
Ques. 23. Did you know of his voting before?- Ans. No, sir; I don't know. He might have voted, however.
Ques. 24. How do you know this Demange voted? Did he get the same tickets or other tickets?-Ans. He is a shoemaker, and lives only a little ways from the place where the polls were held; he walked over with me.
Ques. 25. Do you know that he didn't get a ticket from somebody else?-Ans. He had a ticket in his hand.
Ques. 26. If he had two or three tickets in his hand, how do you know which he voted ?-Ans. I had both kinds of tickets, and wanted to vote Democratic ticket; I gave him one.
Ques. 27. Do you know that he did not have any other ticket?-Ans. He might have had it in his pocket.
Ques. 28. Did you see him deposit the ticket ?- Ans. Yes, sir ; I walked up with him.
Ques. 29. Do you know that he deposited the one you gave him ?-Ans. I am satisfied in my own mind.
Ques 30. If he had 2 or 3 tickets, how could you tell which he voted ?-Ans. No, sir ; he didn't have them in his hands, he might have had them in his pocket.
Ques. 31. Do you know that he didn't put his hand in his vest pocket and pull out a ticket?-Ans. I am satisfied in my own'mind; that is all I can say. He might have had a dozen in his pocket for all I know. * Ques. 32. Did you say this other man's name was Delaware?-Ans. Yes, sir.
Ques. 33. Where does this man Delaware live, since he came from Canada ?-Ans. In State Center Township and Minerva Township. Lived in State Center some years ago. Was there 8 or 10 years ago, may be longer.
Ques. 34. How far was he from Storey County ?-Ans. He has a piece of land in Story County; but doesn't live on it.
Ques. 35. Does he not do business there in Nevada?- Ans. He pays taxes for land Ques. 36. But he has rented his farm to his son ?
Ques. 39. Do you know that the name of Frederick was on the ticket as member for Congress ? - Ans. Yes, sir.
Ques. 40. Do you know whether he got any other ticket or not?-Ans. As I said before, he might have had some in his pocket.
Ques. 41. You don't know absolutely what tickets were in his pocket?-Ans, I am certain in my own mind.
Ques. 42. I want to know, though, whether you are absolutely certain what ticket he voted.-Ans. Yes, sir; I think so.
Ques. 43. Do you know that he could not have changed that ticket before he got there?- Ans. I have seen three-card monte men handle cards pretty quick, but I don't think he did.
Ques. 44. Did you keep your eye upon that ticket all of the time?-Ans. He had it in his hand and carried it in his hand.
Ques. 45. Suppose he had other tickets; he could have voted whatever he pleased?-, Ans. Yes, sir.
Ques. 46. What were you giving Democratic tickets if you were Republican?-Ans. I was working for constable more than any one else.
Ques. 47. Was he Republican?- Ans. Yes, sir.
Ques. 48. Then there was a Republican on the ticket?-Ans. Yes, sir; he wrote it down there; we wrote the constable on the ticket.
Ques. 49. Your township ticket had all to be written down ?-Ans. No, sir.
Ques. 51. How near the polls did you go with this man ?-Ans. About half the distance between the door and the table; three or four feet from him; it might have been five feet.
Ques. 52. Now, were you conversing with other men ?-Ans. No, sir; notat that time.
Ques. 53. Did you talk with anybody from the time you started with him, besides him, until you got to the polls ?- Ans. No, sir; I don't think so.
Ques. 54. Did you meet anybody in the hall ?-Ans. No, sir; there is no hall there.
Ques. 55. Do you know that you did not meet anybody or have your attention attracted by anybody else? - Ans. I didn't give any other ticket, although I saw other men.
Ques. 56. May you not have spoken to them?-Ans. It is likely that I might have spoken to some one.
Ques. 57. How did you walk, which one ahead ?- Ans. Part of the time I was ahead, part of the time side by side.
Ques. 58. He had abundance of time to change his ticket if he had a mind to?-Ans. Yes, sir; I say it could have been done; he held the ticket in his hand.
Ques. 59. Every man would hold his ticket in his hand when he votes !- Ans. Some held it in their thumb and forefinger, and some in their hands.
Ques. 60. He had his in his hand ?-Ans. Yes, sir.
Ques. 62. Did you see the ballot from that time until he deposited it in the box?Ans. Part of the time I could not see the ticket.
Ques. 63. Part of the time you walked ahead of him, you say?