name erased and Frederick's name put in that you remember of when you canvassed the votes of the election ?-A. I am satisfied that there were. I know that there were such ballots.

Q. 205. Did you attend the election you attended that day, and did you not know of men erasing Wilson's name in the third ward and voting the ticket with Frederick's name printed?-A. Yes, sir; I know of some such.

Q. 206. Do you know of tickets being voted where another name was put on for Congressman?-A. Yes, sir; with name printed on and scratched off, so that it was counted blank.

Recross-examination:

Q. 207. These last you have counted to-day as blank?-A. Yes, sir.

Q. 208. Now, about the politics of Col. Stone; is he not for Frederick-A. He told me that he was working in the interest of Frederick.

Q. 209. Is he a thorough Frederick man?-A. He never said that he voted for him. Q. 210. Now, take the gentlemen who occupied your office; how did they vote; how about Mr. Pinkham ?-A. I have always understood that Mr. Pinkham voted for Frederick.

Q. 211. Voted for Frederick?-A. Yes, sir; I understood that Mr. Pinkham supported Frederick; he said that he was a neighbor of his. Mr. Morgan said to-day that he didn't vote for any one for Representative. I scratched Wilson's name and voted blank as to Representative.

Q. 212. You state that there were tickets voted on the day of election that you say had Wilson's name scratched and Frederick's name substituted?-A. Yes, sir.

Q. 213. You cannot tell how many?-A. No, sir.

Q. 214. You cannot tell whether all those that appear here so to-day were generally so that day?-A. No, sir.

(Paid as fee by contestant, 85 cents.)

STATE OF IOWA,

Marshall County, 88:

ROBERT BINFORD.

C. M. NORTON, being produced and sworn before J. H. Bradley, a notary public for Marshall County, on this 10th day of March, A. D. 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. Were you one of the judges of the Nov. election, '82, in the second precinct, Marshall Township, in which the electors of said ward voted for the office of Representative in Congress?-A. I acted as clerk of the election in the ward at that time. Q. 2. You may state if you have at any time since that time aided or assisted in the counting of the ballots cast at said election.-A. I assisted the township clerk to-day in counting the votes cast.

Q. 3. How many ballots did you find in the count to-day that were for the office of Representative in Congress for each candidate?-A. Well, my tally list shows that there were 125 votes for James Wilson, 158 for B. T. Frederick, 11 for Platner; 15 ballots on which no name for Representative in Congress appeared.

Q. 4. You may state, if you remember at the time the votes were counted on the evening of the 7th of Nov., '82, whether any of the ballots had the name of Wilson erased and the name of Frederick written in ?-A. Well, I saw some ballots of that kind. I did not examine them or have them in my hands.

Q. 5. You may state how often the ballots were counted over in the count made on the part of the precinct canvass at that election?-A. I think they were counted twice; that is, before they were tallied one judge counted them and the next judge would take them and examine them to verify them and his count.

Q. 6. What kind of light did you have?-A. We had two lamps.

Q. 7. Was it done in the night?-A. Yes, sir.

Q. 8. Was there liability of mistake in the count?-A. There is a possibility of a mistake being made.

Q. 8. Do you remember how the ballots were put into the ballot-box at the time? A. Mr. Howe had charge of stringing the ballots, and doubled them over, stringing them. He made some remark about its being a good old Democratic way.

Q. 9. Have you assisted in any other count of any other wards to-day?-A. I kept list for the Third ward with Mr. Arnold.

Q. 10. How many ballots did you find in your tally-list in your count to-day, for the office of Representative in Congress, and how many for each candidate?-A. I can remember better by looking at the sheet. Third ward had 110 for Wilson and 262 for Frederick; two for Platner, besides two blanks.

Q. 11. Did you keep your tally correct to-day?-A. Yes, sir; I did as called.

Q. 12. Did you announce your tally each time that it was called to you?-A. Yes, sir; I did.

Cross-examination:

Q. 13. You can't tell how many ballots had Wilson's name errased and had Frederick's name written in at the election?-A. No, sir; I can't.

Q. 14. You can't tell how many of that kind were counted to-day?-A. No, sir; I did not examine them to-day. I think that some of the ballots had Wilson's name erased and Frederick's name written in.

Q. 15. That would not be witness that there were more at one time than at another of that character?-A. No, sir.

Q. 16. It would not satisfy you so, would it?—A. I do not know; it might have been

Q. 17. You say the ballots were counted twice before they were tallied?-A. Yes, sir.

Q. 18. Was it the intention and purpose there to count correctly?—A. Yes, sir; it

was.

Q. 19. You were careful to-day?-A. We endeavored to be.

Q. 20. You say there was a possibility of mistake?-A. Yes, sir; a possibility.

Q. 21. And so there is or was to-day, was not there ?-A. Yes, sir; a possibility. Q. 22. There were officers on the board, were there not?-A. Yes, sir.

Q. 23. How many to-day have counted these ballots of this ward?-A. I don't remember of anybody else besides Mr. Binford, township clerk.

Q. 24. You didn't count them, did you?-A. No, sir; I merely tallied them.

Q. Then you acted as counter to-day; you mean you simply made the tally-list from the calling?-A. That is all.

Q. 25. You didn't count the ballots at all, then?-A. No, sir.

Q. 27. Now is there anything about these ballots, as folded or strung, that would satisfy you to a mathematical certainty that they are the same ballots with the same number of erasures and scratches?—A. It is possible that they may have been changed so far as that is concerned.

Q. 28. They could have been changed at the canvass?-A Yes, sir.

Q. 29. There is a possibility of their being changed between those two days ?—A. Yes, sir; they might have been.

Q. 30. You kept tally correctly to-day?-A. Yes, sir; according to my judgment. Q. 31. You did, according to your judgment, on the night of the canvass ?-A. Yes, sir; I did.

Q. 32. You then believe that the canvass was right?-A. Yes, sir.

Q. 33. You now believe that this canvass is right?-A. Yes, sir.

Q. 34. And both may be true, may they not?-A. No, sir; hardly.

Q. 35. You understand me; you made the tally correctly on the night, as you believe -A. I believe we did.

Q. 36. You made it correctly to-day, did you?-A. Yes, sir.

Q. 37. You might have been correct both times. Could the ballots have been changed between the two?-A. Yes, sir; there might have been a change or mistake one way

or another.

Q. 3. Nobody is infallible. -A. No, sir.

Q. 39. The three judges and two clerks were supposed to be under oath? A. Yes, we subscribed to the proper oath.

sir;

Q. 40. Were you under oath when you made the tally to-day?—A. Yes, sir; I was.

Q. 41. You were not testifying then?-A. No, sir.

Q. 42. Mr. Robt. Binford was testifying?-A. Yes, sir.

Q. 43. Can you take any ballot here and tell whether an erasure was made before or since canvass ?-A. No, sir.

Q. 44. Not a single one of them?-A. No, sir; not positively.

Q. 45. Unless it was your own?-A. Mine was a printed ticket.

Redirect:

Q. 46. To-day you have canvassed the vote as to one office, have you?-A. Yes, sir; that was all.

Q. 47. Is not there less liability to mistake when you canvass for one office only, than when you canvass for two of them?-A. Yes, sir; I think there is a chance of making a more correct count of only one particular office than canvassing for the whole of them

Recross-examination:

Q. 48. Suppose it to be admitted that you counted rightly to-day does it necessarily follow in your opinion that these ballots have been changed?-A. Well

Q. 49. Suppose it to be admitted that you counted rightly to-day, does it necessarily follow that these ballots have been changed?-A. No, sir; I don't think it

would.

Q. 30. Did not you testify to the counting the other day at Binford's office?—A. No, sir; I did not. C. M. NORTON.

Paid as fee of the contestee, 85 cts.

STATE OF IOWA,

Marshall County, 88:

W. H. HARRINGTON, being produced and sworn before me, J. H. Bradley, a notary public in and for Marshall County, on this 10th day of March, A. D. 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and J. W. Bradley on the part of the contestee):

Q. 1. What is your name, place of residence, and occupation?-A. I reside in 4th ward, city of Marshalltown; age, 34 years; my occupation is that of a farmer.

Q. 2. Were you one of the clerks of the election of the 4th ward, city of Marshalltown, November, 1882, in which electors voted for the office of Representative in Congress?-A. Yes, sir.

Q. 3. You may state what was done with the ballots after the election in your wardI mean after the votes wore canvassed.-A. After the votes were cast, and after the polls were closed, the ballots were taken out of the box, I think, wholly by Mr. Estbrook, as one of the judges of the election. He counted them out as he took them

out. He counted them up in bunches of five, passed them across the table to C. C. Shaw, who was another one of the judges of the election; he counted them again, then called the names from the ticket, then passed them to Mr. Doolittle, who was one of the judges, who then strung them.

Q. 4. Did you return the ballots to Mr. Binford ?—A. No, sir.

Q. 5. You were not clerk of the election ?-A. Yes, sir; I was one of the clerks; but the ballots were not returned at that time to Mr. Binford. I think that they were taken to Mr. Frenche's office in the court-house.

Q.6. Was the ballot-box locked?-A. Yes, sir; it was shut and locked, as I understood it. I did not do it myself, but it was done with that understanding.

Q.7. Did you assist in canvassing and counting the ballots in 4th ward to-day?— A. Yes, sir; I did.

Q.8. How many ballots did you find east for the office of Representative in Congress at the October election, 1882, and how many for each candidate?-A. There were-well, some of these were declared not cast for any. The total number of votes cast, according to count to-day, was 383: Frederick received 271; Wilson, 96; Platner, 4; blanks, 12.

Q. 9. Did you examine the ballots as they were counted to-day?-A. Not particularly, except to count them.

Q. 10. Did you count them?--A. Yes, sir.

Q. 11. Did you make correct count?-A. I think I did; I calculated to.

Q. 12. How many times did you count them over?-A. Twice.

Q. 13. Are you satisfied your count made to day is correct?-A. I am satisfied it is

correct.

Q. 14. You may state what time in the day or night it was when counted or canvassed the ballots of the election.-Ans. The polls were closed at eight o'clock, and we commenced counting at once; we counted continually until we finished. My impression is now that it was pretty close to three o'clock in the morning when we got through.

Q. 15. What kind of light did you have?-A. I think we had three kerosene lamps all the time; later in the evening they brought another.

Q. 16. Do you remember at the election some of the ballots had the name of Wilson scratched off and that of Frederick written in ?-A. Yes, sir.

Q. 17. Were there a good many such tickets?-A. Well, sir, quite a good many; of course I could not tell just how many.

Q. 18. In view of the fact that there were many scratched tickets for the office of Representative in Congress, and the count was made in the night, was not there a liability to a mistake in that count?-A. Yes, sir; I should think there was; there is a chance for a mistake at all times.

Q. 19. In the canvass to-day you have only looked at the ballots as they were cast for one office?-A. That is all.

Q. 20. There has been no liability for a serious mistake in your count to-day?—A. I should say not; I think no man is infallible.

Q. 21. Who assisted in your count to-day?-A. Mr. Binford.

Q. 22. Was that count made rather hurriedly on the evening of the election, in view of the number of tickets you had to canvass and the number of scratched tickets?— A. Of course we worked as fast as we could; still there was plenty of time to have counted the votes; the worst trouble there was, was the lights.

Q. 23. The light was not good?-A. No, sir; it was not.

Q. 24. What do you say as to light being good?-A. It was poor, especially in the latter part of the evening.

Cross-examination:

Q. 25. Can you pick out any ballots out of this bunch you saw to-day and say that

they were counted wrongly that night?-A. I cannot take out any and say that it was counted wrongly.

Q. 26. Are you sure you counted wrongly that night?—A. No, sir.

Q. 27. Are you sure you counted rightly to-day?—A. No, sir; I cannot swear positively; still I believe that they are counted right.

Q. 28. A man is liable to make a mistake?-A. Yes, sir.

Q. 29. Often bank cashiers make mistakes?-A. Yes, sir.

Q. 30. Sometimes bank presidents?-A. Yes, sir.

Q. 31. And when you made this canvass you were endeavoring to count rightly: you did not intend to make any mistakes?-A. We did not intend to make any mistakes.

Q. 32. Did you count any ballots?-A. No, sir; not any ballots.

Q. 33. You simply made a tally?-A. Yes, sir; but I kept watch of the tickets as best I could.

Q. 34. You counted the ballots twice to-day?-A. Yes, sir.

Q. 35. Did you separate them, the Frederick and the Wilson tickets?-A. I separated them once; no, sir; not the Frederick and Wilson tickets.

Q. 36. Robt. Binford separated them?-A. Yes, sir.

Q. 37. Yon counted two different polls?-A. Yes, sir.

Q. 38. When you counted these two different polls, did you look to see whether Frederick's or Wilson's name was on each one just to see how many pieces of paper there were in each poll?-A. Yes, sir; that is all; I tallied from his count; he read the names and I supposed they were correct.

Q. 39. Then what did you mean when you said there was no liability of serious mistake to-day?-A. I say in the count; I do not see how there could be an error when they were counted twice.

Q. 40. You did not know but what Wilson's name was on some of Frederick's votes to-day or vice versa ?-A. Yes, sir.

Q. 41. Then you say there might have been an error in that respect?-A. Yes, sir. Q. 42. Would not think it very serious if Mr. Esterbrook took out the ballots; he was the county auditor here last term?-A. Yes, sir.

Q. 43. You endeavored to count rightly on the night of the canvass?-A. Yes, sir. Q. 44. And supposed that you had done so ?-A. Yes, sir.

Q. 45. You do not know now that you did so?-A. No, sir.

Q. 46. Do you find more ballots in the box than there were persous voting?-A. Yes, sir.

Q. 47. That was correct?-A. Yes, sir.

Redirect:

Q.48. Did you count there the evening of the election to see whether there were more ballots in the box than names on the ballot book?-A. I don't think the ballots were connted as a whole that evening; as I said, they were taken out of the ballot-box, five in a bunch, passed from one judge to another; he then counted or called the names, and they were tallied.

Q.49. Then you did not count the ballots on the evening of the election to see whether the count was the same?-A. No, sir.

Q. 50. Or to compare it with the number of votes cast?-A. No, sir; we did not.

85 cts. paid as fee by contestee.

STATE OF IOWA,

Marshall County, 88:

W. H. HARRINGTON.

Deposition of witness produced and sworn before me, Eldon Moran, a notary public and commissioner, agreed upon to take testimony on this 10th day of March, A. D. 183, 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 proceeding Benj. T. Frederick is contestant, and Jas. Wilson is conestee; Brown and Carney appearing as attorneys for B. T. Frederick, and J. H. Bradley appearing as attorney for Jas. Wilson, contestee.

R. E. EVERETT, of lawful age, being produced and sworn in due form of law, testi

fies as follows:

9.1. What is your name, age, residence, and occupation?-A. R. E. Everett; age, 24 occupation, broker; reside at Montour, Iowa.

Q.2. State whether you now hold any official position or had in the year 1882?—A. I held the office of township clerk since January first, 1882.

9.3. Have you the ballot-box containing the ballots cast in the November election, 182, for the office of Representative in Congress? How has the ballot-box been kept since that election, and where has it been kept -A. It has been kept since about Jan.

second or third in my store, that is, since I received it, and previous to that time I think it has been kept in the bank building. The township clerk at that time was the cashier of the bank, so I think that he kept it in the bank building.

Q. 4. Now, as to its being kept locked?-A. It has been locked since I have had it. Q. 5. Who has had the key-A. I have had it.

Q. 6. Has anybody had access to that box since it has been in your possession ?—A. No, sir.

Q.8. Does it contain the same ballots it did contain at the time you received it ?— A. It does, so far as I know, as I have not examined them from that time until last Monday.

Q. 9. Are there none of the officers of Indian Township here with you?-A. Yes, sir; A. B. Taplin is here with me.

Q. 10. You may, in connection with that gentleman, open the ballot-box in the presence of the commissioners, count the ballots, and see how many were cast in that township, for the office of Representative in Congress, fifth district, and also how many each candidate for that office received.

(Contestee objects to the question because the witness has only had possession of the ballot-box since Jan. 2nd, and it is not shown that they are the same ballots that were thrown at the election in Nov., 1882, and because the ballots are not shown to be the same ballots cast at the election; also because it is irrelevant.)

(Witness, assisted by Mr. A. B. Taplin, produces and makes the canvass of the votes cast at the Nov. election, 1882, Indian Village Township, Tama County, Iowa.) Q. 11. Have you now counted the votes?-A. Yes, sir.

Q. 12. Now state how many were cast for the office of Representative in Congress, 5th dist.-A. At the time of that examination we had 108 for Frederick, 121 for Wilson, and 6 for David Platner.

Q. 13. You may state how carefully you have counted the votes this time.-A. To the best of my ability.

Q. 14. Have you counted them so that you are satisfied that there is no mistake in your count?-A. So far as I am concerned, I am satisfied that there is no mistake.

Q. 15. How many times did you count them over, or were they counted over in your presence?-A. I believe two different times.

Q. 16. State how they were counted, whether separately or by fives.-A. They were counted separately.

Q. 17. Who assisted in making the count?-A. Mr. A. B. Taplin.

Q. 18. Did any other person, after you got through counting, count them over?— A. Yes, sir; this gentleman here, Mr. J. H. Bradley.

Q. 19. State whether the count made by each of you was the same?-A. So far as 120 for Wilson is concerned they are the same; also the same for Platner.

Q. 20. How about that for Mr. Frederick ?-A. There was one more counted by Mr. Bradley than by myself. I counted 107; Mr. Bradley made 108.

Q. 21. How did the other judge make the count?-A. The same; 107 was agreed upon for Mr. Frederick. I made it 107.

Q. 22. Did not you count them yourself and make them 108?-A. Yes, sir; I am satisfied that I made it 108. As to the count, it was 107.

Q. 23. I mean when you counted the ballots yourself, and made it 108?—A. No, sir; I made it 107.

Q. 24. That would require a recount, because there are 108 ballots there. Now state what you will have it.-A. Well, I would say just as I did at first.

Q. 25. Will you recount these ballots for Frederick and say how many there are there?

(Witness proceeds to make the count of Frederick's votes again.)

Q. 26. What is the result of your recount?—A. 108.

Q. 27. Are you satisfied that this count is correct?-A. So far as I am able to count, I judge it is correct.

Q. 28. There have been no ballots changed since that election to your knowledge?— A. No, sir.

Q. 29. Where do you keep the key to the box?-A. Well, it has been in the corner of the desk just above the ballots. The box also has been sitting on the desk, and the key I dropped into one corner of the desk.

Q. 30. Did anybody else have access to it?-A. If they had they had without my knowledge. I did not calculate that anybody should know anything about it.

Q. 31. Did any one else know anything about where that box and key was?-A. No, sir; I think not.

Q. 32. Have you the tally list of Indian Village Tonwship with you?-A. Yes, sir. Q. 33. Please produce the poll-book, and state how many votes were returned for James Wilson as shown by the poll-book at said election.-A. 132; that is the way it reads in writing.

Q. 34. How many are returned for B. T. Frederick?-A. 107.

Q. 35. Please read the certificate to the commissioner that he may copy the same.