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Q. 27. When you got home you looked at the clock and found it was 5 o'clock ?-A. Yes, sir,
Q. 28. Was it sundown when you got home 1-A. Yes, sir.
Q. 29. What did Stewart say about the result of the election and number of Democratic votes at the time he had the box open when you got there, about half-past two o'clock i
(Contestee objects; immaterial.)
À. I spoke to Stewart relative to the amount of votes cast, but I heard him say. nothing about any particular candidate.
Q. 31. Did you see him have any tickets out of the box 1-A. I believe I did.
Q. 32. Did he put them back or noti--A. I think they were passed over to the other judges of the election.
33. They looked at themi-A. I think they were passed to Adna Fogg, and he passed them to Malmsberry.
Q. 34. You are the same Mr. Hubbard that testified here before in the direct examination ?-A. Yes, sir, I am.
Q. 35. Do you know what time Mr. Stewart left the pollo!-A. No, sir; I don't know; he was there when I left the school-house.
Cross-examination: Q. 36. Do you mean that they were canvassing the returns when you saw that they had the ballot-box open ?-A. I mean that they were canvassing the votes and passing them over to make preparation for the returns.
Q. 37. That is, the tally-list ? Were the clerks tallying the votes at that time I-A. I believe that they were.
Q. 38. Did you see any handling of the votes except in making the count and tally 1-A. Nope at all.
Q. 39. How near were you to the ballot-box ?-A. I think not over 6 feet from it. Q. 40. Did you see William Ernst there 1-A. Yes, sir.
Q. 41. What was he doing 1-A. Well, he had tickets in his hand passing them around.
Q, 42. Did you see him at the ballot-box looking into the box?-A. I didn't.
Q. 43. Did you see him near the ballot-box looking at the tickets or talking to Stewart about them I-A. No, sir, I didn't. Q. 44. How long did you say you were there 1-A. I think something like an hour,
. 45. What time did you go home 1-A. About 5 o'clock, I think, or a little before that.
Q. 46. Do you know anything about your clock being correct 1-A. I think it was pretty correct.
Q. 47. Had they done connting returns when they left 1-A. No, sir.
Redirect : Q. 50. You didn't see him in the room when you went away 1-A. I think that he started out of the room and said that he was going home. That is what happened there. I am under the impression that he left. ($1.05 paid as fee by contestant.)
THORNTON HUBBARD. STATE OF Iowa,
Marshall County, 88: J. M. WEBBER, being produced and sworn before J. H. Bradley, notary public for Marshall County, on this 4th day of May, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and J. H. Bradley on the part of con
Q. 1. Where do you live -A. In Taylor township, Marshall County, Iowa.
Q. 6. You may state what conversation took place; whether he knew who was on the ticket for Congressman -A. Mr. Ernst had tickets, all straight Republican tickets, with the exception of Frederick's name on instead of Wilson's; he showed them to him, and told him that all the difference there was they had Wilson's pame scratched oft. He wanted to vote the Republican ticket, and for Frederick. Mr. Wilson said this is the ticket you want to vote; he took the ticket, went to the polls, and pnt
Q. 7. You heard Mr. Ernst tell Mr. Horner that I-A. Yes, sir.
Q. 9. I will ask you if the ballot-box was open when you got there !--A. Yes, sir; the ballot-box was open when I got there.
(Objection to the question as immaterial and not proper rebutting evidence.)
Q. 10. What were they doing, counting out votes? Did you hear Mr. Stewart say anything as to how many Democratic or Republican votes were cast for Congressman -X. Not particularly; there was some talk as to how many Democratic votes were cast.
Q. 11. What did Mr. Stewart say to that!
À. There was a little dispute about it; so they went to hunting up votes to see what there was in the box.
Q. 12. Did they hunt them up?-A. They got over the entire tally of the vote, but I don't think that they settled the matter.
Q. 13. He was hunting in the ballot-box for votes ? (Objection as immaterial and not proper rebutting evidence.) A. Yes, sir; at one time he was. Q. 14. How long did you remain !--A. I was there probably an hour and a half. Q. 15. At what time did you go back home 1-A. A little before dark. Q. 16. Was Stewart there while you were there? (Objection as immaterial and not the proper rebutting evidence.) A. Yes, sir; he was. Q. 17. What time did you go there?-A. I don't know. 0. 18. How far did you have to go 1-A. About a half a mile.
Q. 19. From what Mr. Stewart said did he seem to know how many Republican and Democratic votes were cast?
(Objection as immaterial and not the proper rebutting evidence.) À. He appeared to know all about the Democratic votes. (Objection as immaterial and not the proper rebutting evidence.) Q. 20. He was acting as one of the judges of the election 1-A. Yes, sir; he was. Q. 21. Was you present when he was telling Ernst how many votes they had 1 (Objection as immaterial and not the proper rebutting evidence.) Q. 22. What did you hear him say about Horner's vote : (Objection as immaterial and not the proper rebutting evidence.)
A. Mr. Stewart thought that they were putting the wrong ticket; he hesitated about receiving the vote; they stood a minute and held the ballot in his hands ; Ernst said something about taking his vote and shoving it in without any blarney about it; that is all right.
Q. 23. What did Horner say ?--A. He wanted to vote the ticket.
Q.25. What did Mr. Stewart say about it immediately afterward; about it being a Frederick ticket 1-A. I don't know; I didn't remember.
Q. 26: Did you hear him make any remarks about deceiving Horner :-A. I don't remember just what words were used.
Cross-examination: Q. 27. You say you did not settle the number of Deinocratic votes 1-A. I believe so, but am not positive.
Q. 28. What time did you say you went away?-A. I don't know any more ; I think about 4 o'clock when I came there. I think I was there about an hour and a half.
Q. 29. Who went away with you l-A. I think no one.
J. M. WEBBER. STATE OF Iowa,
Marshall County, 88: A. N. FRENCH, being produced and sworn before J. H. Bradley, notary public for Marshall County, on this 4th day of May, 1883, and examined before me, testifies as follows (T. Brown appearing on the part or contestant and J. H. Bradley on the part of contestee):
Q. 1. You are the auditor of Marshall County 1-A. Yes, sir.
Q. 2. You may state if you have any record in your county, showing the number of inhabitants there are in Marshall town, and certified by city census 1-A. Well, the U. S. census report.
Q. 3. Tbat is a little printed volume, is it not I-A. Yes, sir.
city, certified under seal, any ordinary return in form- A. Of the population of the county ?
Q. 5. I mean of Marshall town.-A. I don't believe I have.
Q. 6. Has there ever been any certified return of, the census, showing the population of Marshall town returned to you by any city official, or by any census board in the city i certified under seal, or report copied certified under seal, that has been placed in your hands officially -A. I know of no census of the town or county except city census, the printed one, that is all I have any knowledge of.
Cross-examination : Q. 7. Is there any requirement of the statute or of the office, making it your duty to have a written report from the seal of the Secretary of State of the census of the city -A. I am not aware of anything of the kind.
Q. 8. What is the report you spoke of, the printed report of the census of 1880, of · the population of Marshall town; what is the number?
(Contestant objects; not the best evidence.)
A. The U. S. census returns in 1880 is something over 66 ; but I don't remember just exactly the number.
Q. 9. Have you got it in your office -A. Yes, sir; I think so.
Q. 10. Will you bring it in, and give the commissioners the number of voters, or population of the city, as by it 1-A. Yes, sir; I will. Excused for the present.-Witness having returned, evidence is resumed.
A. I will see now if I can't find that census; I can't find it; I have looked for a good long time, but I can't find it; I don't believe it is here. (No fee.)
A. N. FRENCH. STATE OF IOWA,
Marshall County, 88: JEREMIAH PICKET, being produced and sworn before J. H. Bradley, notary public for Marshall County, on this 5th day of March, 1883, and examined before me, Eldon Moran, potary public and commissioner agreed upon to take testimony, testifies as follows (T. Brown appearing on the part of the contestant, and J. H. Bradley on the part of contestee):
Q.1. Where do you reside at present 1-A. Taylor Township.
Q.4. Did you vote at the November election, 1882, for the office of Representative in Congress 1-A. Yes, sir.
Q.5. Whom did you vote for 1-A. For B. T. Frederick.
Q. 6. Where did you vote 1-A. At what is called Willow School-House, Taylor Township, Marshall County, Iowa.
Q.7. At what time did you get to the election ?-A. It was some time near 11 o'clock in the morning, I think.
Cross-examination: Q.8. Where do you say that you live now !-A. In Taylor Township, at present.
Q.9. I think that you said that you lived there at the time of the election 1-A. Yes, sir; I did. I lived there a year. I am making arrangements to move to town here.
Q.10. How long have you lived in Taylor Township ?–A. 'About a year the first of next April.
Q.11. What kind of a ticket did you vote?-A. Tbe Republican ticket, with the exception of Mr. Frederick's name on it.
Q. 12. Did you erase Mr. Wilson's name I-A. Yes, sir.
Q. 15. What time did you vote?-A. Between 11 and 12 o'clock somewhere. I don't know just what time it was,
Q. 16. You voted the Republican ticket, except Wilson 1-A. Yes, sir.
. 18. You didn't take some of those mongrel tickets with Frederick's name printed in I-A. No, sir; but I was handed one of them.
Q. 19. You didn't take one of those ?-A. Yes, sir; but I didn't vote it.
Q. 20. Who was present when you voted 1-Á. Well, I don't know that I can tell any, except the judges and one or two of the clerks.
Q.21. Anybody see your ticket besides yourself ?-A. No, sir.
STATE OF Iowa,
Marshall County, 88 : R. E. STRANG, being produced and sworn before J. H. Bradley, notary poblic for Marshall County, on this 5th day of March, 1883, and examined before nie, Eldon Moran, notary public and commissioner, agreed upon to take testimony, t-stifies as follows. (T. Brown appearing on the part of the contestant and J. H. Bradley on the part of the contestee):
Q. 1. What is your name, age, place of residence, and occupation 1-A. My name is. R. E. Strang; I live in Taylor township, and my occupation is that of farmer.
Q. 2. Were you one of the clerks at the November election, 1882, held in Taylor township 1-A. Yes, sir.
Q. 3. State where the poll-books of that township at the November election were signed and made up.-A. They were signed at the county board of supervisor's office at the court-house here.
Q. 4. In Marshalltown?-A. Yes, sir.
Q. 9. Did the judges of the election meet there in Marshalltown, Iowa, to sign the poll-book 1-A. Yes, sir.
Q. 10. One of the judges wasn't there, was he ?-A. No, sir.
Q. 13. How long was that after the election ?-A. It was in the afternoon, next day after the election.
Q. 14. Did you examine the poll-book at that time ?--A. I think pot.
Q. 15. You don't know whether it had been changed or not, do you t-A. No, sir; I do not know. I could not swear to that, although I do not think that it had.
Q. 16. The ballot-box was kept open a part of the time on the afternoon of the election, was it -A. Yes, sir, at different times. Q. 17. How long before the election closed ?-A. I should say two or three hours.
Cross-examination: Q. 18. When the poll-book was signed at the auditor's office, is that the time that the poll-book was bronght in from the election 1-A. Yes, sir.
Q. 19. Was there any change or erasure made in the poll-book at the time by the judges or by you ?-A. No, sir.
Q. 20. Upon the afternoon of the election in Taylor Township when the ballot-box was opened there, and what was the ballot-box opened for 1-A. One of the judges, Mr. Stewart, made a remark something like this, “that he had to go away on the train that night,” had to go west, where his stock was, and he spoke to us in this way: if any one came in after the box was closed to take their votes. Mr. Sante, the township clerk, said it was very common to do that way. I see no reason why there could be any objection to that, and the other judges consented to it, and we commenced counting.
Q. 21. Was anything done with the ballots on the afternoon of the election by the judges except to count them ?-A. Mr. Stewart, one of the judges, took them out of the box and handed them to the judge next to him, and he read them to us clerks, and then the clerk, M. Fogg, handed them to the next clerk, Mr. Malmsbury.
Q. 22. He was judge, wasn't he -A. Yes, sir; he strung them on a string.
Q. 23. The question is, whether the judge had the box open except to count the ballots-that is all-any changes made there!-A. No, sir.
Q. 24. Did you see them yourself ?-A. No, sir; I did not, only as they were handed to the other judges.
Q. 25. Were you there during the whole count?-A. Yes, sir; I was.
Q. 26. What time did you get throngh counting them!-A. I think it was about 8 o'clock; I don't remember.
Q. 27. What time did Stewart go away 1-A. He went away a little while before that; not long.
Q. 28. Did he go before you finished counting I-A. No, sir; not before we finished counting, but before we finished up our books-tally-list, that is.
Q. 29. You had counted all the ballots before Stewart went away?-A. Yes, sir; he handed the last ballots to the judge sitting next to ine, and closed the box before he went away.
Redirect : Q. 30. He wanted to take the 6.40 train, didn't he ?-A. I think not. Q. 31. What train was it?-A. 11.45 train, I understood. Q. 32. Wasn't he going to go north on the 7 o'clock train ?-A. No, sir; he was
going to Ida County, where he had his stock. He said he wanted to go home, because the hired man came after him.
Q.33. He went home before dark, didn't he ?-A. No, sir; it was a good while before dark; we had the lights lit for a good while before we finished counting.
Recross-examination : Q. 34. He went away-John F. Stewart-Man came after him 1-A. Yes; Horner is his hired man, Q. 35. William Horner 1-A. Yes, sir.
Redirect: Q. 36. Yon don't know whether this poll-book had been changed or not when you sent it over here, for you didn't examine it, did you l-A. No, sir.
Q. 37. Yon don't mean to swear that Mr. Stewart could have taken out or changed the votes without your knowing it 1-A. Mr. Stewart was not there.
Q. 38. I mean at the time of the election, when the ballot-box was opened during the p. m., at different times 1-A. I don't understand the question.
Q. 39. You don't pretend to say that he could not have changed the votes without your knowledge 1-A. I don't think tbat he could.
Q. 40. You mean to say that he could not bave put any votes in or have taken any out there in the afternoon ?-A. I don't see how he could have done it without our seeing him.
Q. 41. He discussed the question as to how many voted, didn't he? Didn't he want to see Mr. Horner's ticket before he voted !-A. I don't remember anything being said about that.
Q. 42. Do you say that he didn't ?-A. I did not hear him say anything of that kind.
Q. 43. He may have said it and you pot have heard him say it ?-A. Well, I didn't hear him say it, and I sat next to him.
Q. 44. Do you not remember him discussing Mr. Horner's ticket, of telling him that he did not have the straight ticket?-A. No, sir.
Q. 45. Yon don't remember anything about that 1-A. No, sir. (R. E. Strang, paid $1.15 as fee by contestant.)
STATE OF Iowa,
Marshall County, 88 : J. K. Johnson, being produced and sworn before J. H. Bradley, notary public for Marshall County, on this 5th day of March, 1883, and examined before me, Eldon Moran, notary public and cominissioner agreed upon to take testimony, testifies as follows (T. Brown appearing on the part of the contestant, and J. H. Bradley on the part of contestee):
Q. 1. You may state, Mr. Johnson, your age?-A. Twenty-one years.
Q. 3. What is your occupation ?-A. My occupation is deputy auditor of Marshall County, State of Iowa.
Q. 4. Were you deputy auditor in November of 18821-A. I was.
Q. 5. Did you know the trustees of Taylor Township, Tarshall County, State of Iowa 1-A. Let me ask you a question; you mean those at the time or now
Q. 6. I mean those at the time!-A. Yes sir, I do; also know them now.
Q. 8. State if you have been in the auditor's office at the time-state who the clerks
Q. 10. State if you were present when the judges of Taylor Township brought in the returns of the election of 1882 of that township ? -A. I could not say as to that; there was quite a crowd in there (in the office) for some time after the election, and the returns were coming in pretty rapidly; don't remember,
Q. 11. Were you in the office, Mr. Johnson, auditor's office, when these gentlemen yon have mentioned, or a part of them, all except Mr. Stewart, were present when the returns came for Taylor Township?-A. No, sir; I was not there.
Q. 12. Do you remember an envelope being changed. you being present, Mr. French and some others?-A. No, sir; I don't know anything about it; I am sure that it did not occur.
Q. 13. Do you know the name of the party with whom this did occur in the back room 1--A. No, sir; I didn't. Q 14. Never heard anybody say?-A. No, sir; I don't remember.
Cross-examination: Q. 15. Was there more than one poll-book returned from Taylor Township by the judges of the clection i-A. I think not, I have not seen more than one to my knowl. edge.