not scratched?-A. Yes, sir; I presume we would, because we did not examine the straight tickets very closely; we bunched them.

Q. 40. Then the great care to be observed was in scratched tickets?-A. Yes, sir. Q. 41. You say the general appearance of the tickets was as canvassed; can you tell anything about these ballots by your observations Saturday; can you identify them?-A. I mean their general appearance was the same as the names of the candidates presented who ran for that office at the general election.

Q. 42. Could you take the ballots from each of these wards and tell by its general appearance in which ward it was cast?-A. No, sir; I think not.

Q. 43. Then the appearance of the tickets would not be any indication that they were the same tickets that you cast?-A. No, sir; I think not.

Q. 44. In making the count here on Friday, you did not count the ballots then, did you?-A. No, sir.

Q. 45. You simply kept tally as Mr. Bunford called them off?-A. Yes, sir.

Q. 46. You did not assist in the calling off yourself?-A. No, sir.

Q. 47. Now, is there not greater probability of one man counting the tickets and one man keeping tally, than in three counting tickets and two tallying, as in the case of the canvass; would there not be greater probability of mistake in counting them here Saturday than at the canvass, considering the manner in which they were counted-A. I think not; I can't say; well, there would be a probability of mistake every time.

Q. 48. Well, at this canvass on Saturday there was but one man that counted the tickets and called them off, and those that kept the tally-list did not count off at all? A. No, sir.

Q. 49. On the night of the canvass these tickets passed through the hands of the judges, of each judge?-A. Yes, sir.

Q. 50. Then there is just a probability that both these men are right?-A. Yes, sir. Q. 51. You supposed when you made the canvass that they were both right ?—A. Yes, sir.

Q. 52. Your supposition now is that that was right?-A. Well, I believe it was rightly made.

Redirect:

Q. 52. There were a great many tickets, straight Republican tickets, with Mr. Frederick's name on for Representa ive?-A. Yes, sir.

Q. 55. There was a liability, then, in counting those straight tickets on that count? -A. Yes, sir; I think there was a liability of error any time in counting tickets.

Q. 56. In this count, Saturday, did not the attorney for contestee look over all the tickets himself, and afterwards count them; both attorneys for contestant and contestee?-A. I do not think I saw anybody count them but Mr. Binford.

Q. 57. Were there parties standing around and watching the count in the presence of the commissioners?-A. Yes, sir; I should say there were.

Q. 58. How many persons assisted you in tallying ?-A. But one.

Q. 59. Were the tallies made separately or in bunches?-A. Made separately.

Q. 60. Did one of the clerks call tally after each count?-A. Yes, sir.

Q. 61. Was that done by daylight?-A. Yes, sir.

Q. 62. From the manner in which the tally was made on Saturday, would you consider that there was any reasonable probability of error?-A. Well, there would be a possibility. If I should set down and count myself, I could not swear that it was correct, but that it was correct as near as or as far as I know, with the possibility of any man making an error.

Q. 63. Saturday was a dark day, was it not, Mr. Arnold; a dark, cloudy day?—A. It was not as bright as it is this morning.

Q. 64. These tickets were counted under Mr. Brown's skylight?—A. Yes, sir; and that is the first time I ever noticed the skylight.

Q. 65. You did not observe that there was any light but side light on Sat. ?—A. No, sir.

Q. 66. Were these ballots counted over more than once on Sat. ?-A. I could not

swear.

Q. 67. Did you keep tally more than once on Sat.-A. No, sir.

85 cts. paid as fee by contestant.

STATE OF IOWA,

Marshall County, 88:

O. P. ARNOLD.

C. B. PINKHAM, being produced and sworn before J. H. Bradley, a notary public in and for Marshall Co., on this 12th day of March, 1832, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and J. H. Bradley on the part of contestee):

Q. 1. What is your name, age, place of residence, and occupation ?-A. C. B. Pink

ham; age, 58 years; residence, Marshalltown, Iowa; general agent McCormick Harvest-machine Co.

Q. 2. Were you one of the officers of the Nov. election the first ward in the city of Marshalltown, 1882-A. Yes, sir.

Q. 3. You may state what office you held at that election ?-A. I was one of the township trustees and acted as one of the judges of the election.

Q. 4. Do you know where the ballots of the Nov. election in 1882 have been kept since that election?-A. Yes, sir; I think I do.

Q. 5. Whereabouts ?-A. In the back room over my office.

Q. 6. Have you ever known these ballots to have been disturbed or molested since that election -A. No, sir.

Q. 7. Have you ever changed or altered any of the ballots ?-A. No, sir.

Q. 8. Who occupied the office with you?-A. Mr. Bennecke, Mr. J. W. Worym, have had keys to the room, Mr, Brennecke all of the time, Mr. Worym for the last few weeks.

Q. 9. State whether the office was usually kept locked except when somebody was there?-A. No, sir; we often go in and out without locking the door that is in the main room.

Q. 10. How about the room joining it ?-A. Well, since the election the door between the two rooms has been kept shut.

Q. 11. Then the room in which these ballots were kept was not used all the time?— A. No, sir; only as a store room.

Q. 12. Only used occasionally?—A. Yes, sir.

Q. 14. You may state if you assisted in a recount of the ballots at any time since the election in Nov. and in what manner.-A. Last Friday I believe I did, I assisted on the second count as to Mr. Wilson and Frederick; I counted them myself after the count was made by township clerk, Binford the second time.

What was the result of that count?-A. I have no figures; my recollection is out of the way a little; I think 77 for Wilson and 164 for Frederick.

Q. 15. What was the original return at the election?-A. 84 for Wilson and 163 for Frederick.

Q. 16. You may state if there were a good many tickets scratched for the office of Representative in Congress.-A. Yes, sir; quite a number, and some without any name at all.

Q. 17. Was the name of Mr. Wilson sometimes on both Democratic and Republican tickets?-A. I do not remember any tickets with the name of Wilson on.

Q. 18. Any with the name of Frederick on?-A. Yes, sir; quite a number, both Democratic and Republican tickets.

Q. 19. I mean any printed?-A. Yes, sir.

Q. 20. Were there a good many scratched or changed?-A. Yes, sir; quite a number with Frederick's name on. I think a few of Mr. Wilson's tickets were changed.

Q. 21. How was the count made; at what time of the day; what kind of light did you have at the canvass in the Nov. election, 1882-A. We closed the polls at 8 o'clock; probably we got through counting not far from 1 o'clock.

Q. 22. What kind of light ?—A. We had gas light; fair light, but not as strong as it might have been.

Q. 23. How does the general appearance of the ballots when you first saw them since the Nov. election compare with general appearance at the time they were placed in the box at the time of the election?-A. They appeared to me like the same ballots; they are the same in bunches. Yes, sir; I did. Some we had to look for them where it was printed in.

Q. 24. Were the votes counted more than once in the night of the election; that is, did all of the judges go over the votes more than once?-A. No, sir; I do not think they did.

Q. 25. I will ask you if you, after you had gone over and selected out the votes for each of the other judges, go over Frederick's separately?-A. No, sir; just passed from my hands to Mr. East.

Cross-examination:

Q. 26. You took the tickets as Mr. Pinkham took them out of the box.-A. Yes, sir. Q. 27. You examined them to see if they were straight or scratched?-A. Yes, sir. Q. 28. Examined each name on each ticket?-A. Each ticket; then bunched them. Q. 29. After you passed them to Mr. East, then he called off the names?—A. Yes, sir; so many for each candidate. I think Mr. Arnold was; Mr. Frederick was watching the first count.

Q. 30. Were the attorneys of the representative parties present?-A. Yes, sir; in the room.

Q. 31. Well, they assisted in watching the count, didn't they?—A. I cannot say. H. Mis. 22-6

Cross-examination:

Q. 32. This room where the ballots have been kept was the back room of your office, was it not; an office or lumber room?-A. Yes, sir.

Q. 33. These ballots were not kept in the ballot-box?—A. No, sir.

Q. 34. In a paper box?-A. Yes, sir. There was a lid to it.

Q. 35. Where were they; in one corner of the room?-A. No, sir; they were on the center of the table most of the time. That is the best of my recollection.

Q. 35. Was the table in the center of the room, or on one side?—A. At one side, against the wall, with a lot of advertising on the same table.

Q. 36. Did you use it very much ?-A. No, sir.

Q. 37. Seldom go there except for paper or advertising?-A. Yes, sir; that and fuel. Q. 38. About how often did you get that?-A. Up to within a few days we had not been taking any out.

Q. 39. These ballots have been there a little over four months, from Nov. to March ?— A. Yes, sir.

Q. 40. You say there is a door without from the hall into your room?—A. Yes, sir. Q. 41. Keep it locked all the time?-A. Yes, sir.

Q. 42. Sometimes the front door is not kept locked; you sometimes go out with it unlocked?-A. Yes, sir.

Q. 43. You usually keep it locked?-A. Yes, sir.

Q. 44. Did you take the ballot the night of the canvass out of the ballot-box and count out the straight tickets yourself?-A. Yes, sir.

Q. 45. Then you passed them to Mr. Nelson, another judge; he examined them, passed them to Mr. East; he agreed, and called them off?-A. Yes, sir.

Q. 46. Then they went through the hands of the three judges ?-A. Yes, sir.

Q. 47. Your purpose was, and that was your belief, was it not, that you then made an honest count?-A. Yes, sir.

Q. 47. There were a good many scratched last Friday; you made a different count on the Saturday here?-A. I said there was one more for Frederick and one less for Wilson.

Q. 48. Now, if none of the baliots have been changed, but are precisely as when you put them in the ballot-box, you must have made 12 mistakes on the night of the canvass, did you not?-A. Yes, sir; I presume that is the number; it looked like ten more for Frederick and 2 less for Mr. Wilson, as to our tally.

Q. 49. Can you not tell anything about these ballots from the general appearance as to their identity?-A. Some of them I could recognize not at all.

Q. 50. But cannot you take any one ballot, unless the one you voted yourself, and state whether an erasure was made in the canvass?-A. No, sir.

Q. 51. The judges of the election were all favorable to the election of Frederick?— A. I do not know about Mr. East; I think Mr. Nelson and myself both voted for Mr. Frederick; I did, and he being a Democrat, I suppose he did.

Q. 52. There was no disposition to cheat Frederick out of the election?-A. We gave him the votes he had, of course.

Q. 53. As to liability of mistake of this kind, was there a liability here Saturday?— A. Yes, sir; there is always a liability of mistake of this kind, I suppose.

Redirect:

Q. 54. This room is an upper room?-A. Yes, sir; an upstairs room.

Q. 55 No access to it from the outside?-A. No, sir; only through that door.
C. B. PINKHAM.

Fees paid by contestant, 85 cts.

STATE OF IOWA.

Marshall County, 88:

N. C. Nelson being produced and sworn before J. H. Bradley, notary public for Marshall County, on this 2d day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and J. H. Bradley on the part of contestee):

Q. 1. What is your name, age, place of residence, and occupation?—A. N. C. Nelson; age, 34 years; residence, Marshalltown, Iowa; occupation, ice dealer.

Q. 2. You may state if you were one of the judges on the November election, 1882, when the electors of Marshalltown voted for the office of Representative in Congress. -A. Yes, sir.

Q. 3. In what ward or precinct?-A. First ward.

Q. 4. You may state how that canvass was made; at what time of day immediately after the election?—A. We canvassed the votes; closed the polls at 8 o'clock; between 8 and 9 o'clock we counted them, that is as near as my recollection goes.

Q. 5. That was the night and morning after the evening of the election?-A. Yes,

Q. 6. You may state if you have since assisted in the recanvass of the votes of that precinct-A. I sorted the ballots; Mr. Pinkham strung them up; I sorted them in lots mostly in fives.

Q. 7. That was the night of the election?-A. Yes, sir; in bunches of about five, as near as we could get them, first Democratic in one pile, then Republican in another.

Q. 8. Were they counted on the night of the election in fives?-A. Yes, sir; when we could count them straight.

Q. 9. They were counted that way were they?-A. Yes, sir.

Q. 10. I will ask if you have made an account since the election, of the ballots cast at the November election?-A. Only made a tally here the other day.

Q. 11. Did you assist in making the count?-A. Myself and Mr. Binford assisted in the count.

Q. 12. You may state if you found any discrepancy in the tally made on the night of the election -A. I found, I think, one or two more votes for Frederick, and I think eight less for Wilson.

Q. 13. Were there any parties looking over and examining and watching the count as it was made on Saturday by the township clerk ?—A. I think so; I don't remember exactly who watched; a few stayed around, I suppose the attorneys.

Q. 14. Attorneys for both parties?-A. For both parties were in the room.

Q. 15. Was there a liability of mistake in the manner in which the vote was counted on the night of the election -A. Well, of course, I suppose there might have been a mistake or liability.

Q. 16. You said there might have been a mistake?—A. Yes, sir; there might have been.

Q. 17. At the time the votes were counted, for instance, laid out by you or the other judges, examined each name carefully, he just called off in piles and examined them in piles?-A. He checked them in piles after I had strung them in piles.

Q. 18. Was there a liability of votes being miscalled or of laying ballots on the wrong pile in the count?-A. There might have been possibly.

Q. 19. You may state who called the votes.-A. Mr. East called them.

Q. 20. Was he a Democrat or Republican ?-A. Supposed to be a Republican.

Q. 21. You may state if there were a good many Republican tickets with Frederick's name printed on them.-A. Yes, sir; some.

Q. 22. Were there a good many that had Wilson's name erased and Frederick's name written in ?—A. I remember something to that effect.

Q. 23. Were there some tickets that had the name of both candidates erased ?— A. Yes, sir.

Q. 24. In the manner in which the tickets were voted on account of interlineations on account of the fact that Frederick's name was printed, does that create a greater difficulty in counting them; was there a liability of mistake considering the manner of the count at that election?-A. Yes, sir; some I guess.

Q. 25. Were you present when they were counted Saturday, here in the presence of the commissioner?-A. Yes, sir.

Q. 26. How did the count on Saturday compare with the count you made on the Friday before that?-A. Well, we tallied one vote more as to Mr. Frederick, and one vote less as to Mr. Wilson.

Q. 27. What was the result of the count made Saturday?-A. Well, I think it was 76; my recollection is 165 by the tally list for Mr. Frederick. We did not agree with the township clerk in the count when he counted them after the tally.

Q. 28. Who assisted in counting the ballots afterwards?-A. Nobody but the township clerk; Mr. Binford done the counting.

Q. 29. Who was present and looked over and watched the count?-A. I don't know who was; two men.

Q. 30. When Pinkham took them out of the box after he had selected five straight tickets and handed them to you ?-A. Yes, sir; in bunches, straight tickets in a bunch,

to me.

Q. 31. He had laid them out in bunches, straight tickets in a bunch-A. Yes, sir. Q. 32. You selected them in fives?-A. Yes, sir.

Q. 33. Mr. East called them off in fives?-A. Yes, sir.

Q. 34. Now, they were called off by Mr. East just after you selected them, were they not?-A. Yes, sir.

Q. 35. That is, you did not select a bunch of 5's and lay them down in one place?— A. Yes, sir.

Q. 36. He took them right from your hands?-A. Yes, sir.

Q. 37. Your light was very fair?-A. No, sir; it was only a gas burner.

Q. 38. Gas burner?-A. Yes, sir.

Q. 39. You had greater difficulty in counting because the names were scratched!— A. Yes, sir.

Q. 40. Your attention was called more particularly to the scratches?-A. Yes, sir; of course that would be true.

Q. 41. You made the canvass on the night of the election carefully, didn't you?— A. Yes, sir; I suppose we did.

Q. 42. You believe that they were right?-A. Yes, sir.

Q. 43. Now, that ballot-box had never been opened nor the ballots had never been left lying around 4 mouths from the time you counted them originally until the last time-A. I don't know about that.

Q. 44. They had never been left lying around when you counted them first?—A. No, sir.

Q. 45. Each of the judges counted the ballots on the night of the election?—A. Of course, they went through our hands.

Q. 46. Well, he had to read the names from the tickets?-A. Yes, sir.

Q. 47. The scratched tickets were counted separately.-A. Yes, sir. I think that we counted the same number of scratched tickets, Representatives scratched and straight, otherwise we took so many of them.

Q. 48. Then you make the straight tickets 65 Republican with Wilson's name erased and Frederick's name substituted?-A. Yes, sir; that would be straight in that case. We had to look out to see whether they were scratched in order to make them straight.

Q. 49. Then you made the arrangement or selection of tickets in bunches of 5's to count them?-A. Yes, sir.

Q. 50. Did you detect any mistake by Mr. East in calling off the list; did you find you made any mistake in bunching them ?-A. There was one time we came near making a mistake; a mistake not easily corrected, in which I supposed it was all right.

Q. 51. Do you recollect how you were corrected in it ?—A. No, sir; I don't remember that.

Q. 52. Was any standing about examining at the time of the canvass?-A. Yes, sir; there were a few around all evening.

Q. 53. Merely around there, I understand, anxious to know the result?-A. Yes, sir. Q. 54. They were there of both parties, were they not?-A. Yes, sir; I suppose so. Q. 55. Wasn't Mr. East favorable to Mr. Frederick; didn't you understand he voted for Frederick-A. I don't know; I saw him vote the Republican ticket; I don't know whether Frederick's name was on there or not; I didn't understand about that. Q. 56. You voted for Mr. Frederick, didn't you?-A. Yes, sir.

Q. 57. On Saturday, on the corrected tally list here, you didn't count the tickets; they were counted by Robert Binford?-A. Yes, sir.

Q. 58. You kept tally?-A. Yes, sir.

Q. 59. Wasn't he only one who did the counting Saturday? Did you see anybody else take the tickets and count them in that ward?-A. That I don't know; he was the only one that counted these tickets; I talked.

Q. 60. Did you make more than one tally in that ward Saturday?—A. No, sir. Q. 61. Did you believe at that time that your canvass made that night was right?— A. Of course; I believed at that time it was right as near as I could get it.

Q. 62. Don't you believe now that a liability of mistake after these ballots have been left in an open box in an open room, unlocked part of the time, for 4 months with better evidence of the true count on the night of the election than on Saturday?—A. That I could not say.

Q. 63. You cannot say anything from the appearance of these tickets, whether they have been changed in the 4 months?-A. Only one or two that I recognized; they look like the tickets.

Q. 64. Do you think that it is probable you made 10 or 12 mistakes in counting these few tickets on the night of the canvass?-A. No, sir; I did not.

Q. 65. Do you think from the manner you counted that it was probably made?-A. No, sir; not unless it should be in some of these tickets that were scratched so dimly that they might not have been seen; we might have made a mistake in that way.

Q. 66. You were looking particularly for scratched tickets that night ?—A. Yes, sir; certainly.

Q. 67. Your eyes are pretty good are they not?-A. Not so very good in the evening; good in the daytime.

Q. 68. Only 34 years old.-A. Yes, sir.

Q. 69. Never had occasion to wear glasses?—A. No, sir.

Q. 70. You have always been in pretty vigorous health ?-A. Yes, sir.

($0.85 paid as fee by contestant.)

STATE OF IOWA,

Marshall County, 88:

N. C. NELSON.

F. B. MCGREW, being produced and sworn before me, J. H. Bradley, a notary public in and for Marshall County, on this 12th day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and J. H. Bradley appearing on the part of contestee):

Q. 1. What is your name, age, place of residence, and occupation ?—A. Age, 51;