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I reside in Marshalltown, Iowa. I do not know whether I have any occupation or pot; farming has been my business.
Q. 2. What ward do you reside in ?-A. 4th ward.
Q. 3. Were you one of the judges at the Nov. election in 1882 in which the electors in that ward voted for Representative in Congress ?-A. No, sir.
Q. 4. You may state if you have since assisted in the canvass of the ballots in the 4th ward since the election.-A. Yes, sir.
Q. 5. When was that ?-A. I think that was last Thursday or Friday. I forget the day.
0.6. You were present at the canvass I–A. Mr. Binford, Mr. Burrows, Westlake, Denham, and myself.
Q. 7. You may state if you found any errors in the canvass from the count as you made it at the Nov, election.-A. We found it a little difference in the ballots. That is, we found more ballots than what we found we had on our list at the election; three more, I believe.
Q. 8. Did you say there were 3 more ballots than you counted at the election--I mean more than you enrolled ?-A. Yes, sir,
Q. 9. Wbat difference did you make in the recount of the ballots for the otfice of Representative -A. The recount gave Wilson two less, Frederick one more.
Q. 10. Were the ballots tied up 1-A. Yes, sir.
Q. 11. Were they in the same manner as at the time of the election ?-A. Yes, sir; very nearly the same.
Q. 12. Did you know there were any more ballots than were connted on the night of the election 1-A. No, sir.
Q. 13. Any more ballots!-A. No, sir; I think not.
Q. 14. The same number that other night 1-A, Yes, sir; I think so; I am very positive, just about the same number of ballots we counted.
Q. 15. Then you do not pretend to say, because there were three more ballots than names on the poll-book, that there has been any change in the ballots since the election ?-A. I do not know of any change.
Q. 16. You find the same number of ballots that there were found in the canvass of the election ?-Yes, sir; that the tally-list shows were tallied at the election.
Q. 17. You saw the tally made on the night of the election; describe the manner, also, at what hours of the day or night?-A. We commenced counting soon atier eight o'clock, and counted until about two, probably a little after Mr. Eastbrook took the tickets from the box, examined the names down to member of Congress, counted down that far, and put up the bunches of fives; he passed them to Mr. Shaw, who took each ticket separately, read them, and passed to Mr. Dolittle, and he strung them.
Q. 18. How were the members of Congress counted ?-A. In bunches of 5v8. where they would run down straight; we counted straight tickets.
Q. 19. How were the split tickets counted ?-A. Some of them would wait until we got 5 split tickets of the same kind ; counted them that way, and took one at a time when scratched up badly; when 5 were scratched alike we would count them that way.
Q. 20. Were they counted more than once !-A. Mr. Eastbrook and Shaw counted them.
Q. 21. You did not count any ?-A. No, sir.
Q. 23. Was there any discrepancy !-a. Yes, sir, a little discrepancy at one time; it was righted at the time, and proved in the count to come out just right.
Q. 24. What kind of a lanip did you have !-A. I think we had three kerosene lamps.
Q. 35. From the fact that it was done in the night, and that you passed over only once on the number of names on the ticket, was not there qnite a liability of mistake 1-A. Yes, sir; but I will say that the judges were careful and worked very slowly.
Q. 26. There were some 25 or 30 names on the ticket?-A. I never counted ; they were long ones.
Q. 27. What is your judgment as to the number 1-A. Well, I don't think 25 names on the ticket; I forgot how many; from 15 to 20.
Q. 28. Where there are so many tickets and so many scratched, there is greater liability of error in the count than where you are counting carefully for one and only one office 1-A. Yes, sir; of course that is natural.
Q. 29. What did you do with the ballots after the election !-A. My impression is that Mr. Eastbrook put them in the box, locked it, and took it down to the auditor's office, and turned it over to Mr. French.' I think that he called with them, and went home after that; that is the way I remember it now.
Cross-examination : Q. 30. This ballot-box did not come from the judges of the election into the town. ship clerk's office l-A. No, sir; bis office was locked.
Q. 31. Do you not know how or when the township clerk got it from the auditor's office1-A. No, sir.
Q. 32. How about the number of names on each ticket?-A. Let me see: State auditor, State treasurer, attorney-general, judge supreme court, clerk of supreme court, reporter supreme court, member of Congress, judge, district attorney, clerk district court, county recorder; also township-one trustee, three justices of the peace, 3 constables.
Q. 33. Can you not think of any others !-A. I believe that is about all; that makes 19, I believe; I could tell lots better if I had a ticket and counted from that.
Q. 34. Did you count the ballots over at Binford's oftice Friday last 1-A. No, sir; we did not; this First ward we tallied carefully.
Q. 35. I mean the 4th ward. --A. In the 4th ward tickets were counted out, laid in bunches of 58; when they came to count 5s I saw that they were correctly counted.
Q. 36. You do not know whether they were correctly counted or not?--A. No, sir; I cannot say.
Q. 37. You know that the papers that were sorted were correctly counted I-A. Yes, sir; Mr. Westlake and Berry examined the names with Mr. Binford.
Q. 38. Mr. Estabrook was the judge of the election, and took the ballots from the box; did not he bunch them t-A. Yes, sir; I think in 58 ; and he counted them in buches of fives, and would pass them to Mr. Shaw. He would examine each pame carefully, and they were read clear through, I think, because he would examine them over again, and read them clear through.
Q. 39. Was the light good so you could see the tally correctly !-A. Yes, sir; it was quite good the fore part of the night, but got very bad before we got through.
Q. 40. How much care was exercised in counting these ballots ?-A. I think that the judges were very careful, so much so that they were very slow.
Q. 41. Now was there not more liability of those three judges counting wrongly that night than one man counting them wrongly on Friday i-A. Well, I think where we counted just two names, without reference to other names, and with a good light we might do a litter than that night.
Q. 42. Were these ballots taken from the box that night!-A. Yes, sir.
Were there not more ballots, you say, in the box than names in the tally list 1-A. Yes, sir; three more names in the box than we counted up, three that were not discovered that night. When we got done he compared the ballots with the names on the tally list. In every office there were blanks; some we compared the tallies with the roll and found it corresponded, so if anybody shoved in more votes than were on the roll the fact might be discovered.
Q. 45. You mean to say now that these ballots have been left four months, where they have been left until Friday, when you counted two less for Wilson and one more for Frederick than were counted before in the canvass here !
F. B. MCGREW. 85 cts, paid by contestant.
State of Iowa,
Marshall County, 88 : R. ESTABROOK, being produced and sworn before J. H. Bradley, a notary public in and for the county of Marshall, on this 10th day of March, A. D. 1883, and examined before me, testities as follows (T. Brown appearing on the part of contestant and J. H. Bradley on the part of contestee):
R. ESTABROOK, of lawful age, being produced and sworn in due form of law, testi. fies as follows:
Q. 1. What is your name, age, place of residence, and occupation ?-A. Marshalltown, Marshall County, Iowa: fourth ward; age, 57. Q. 2. Were you one of the officers of the Nov. election of 1882 held in said township,
and State, in which the electors voted for Jas. Wilson and B. T. Frederick for Representative in Congress ?-A. I was.
Q. 3. What ottice do you hold ?--A. Judge of the election.
Q. 4. You may state the manner in which the votes were canvassed on the night of the election, 4th ward-whether you canvassed them in the day or in the night time.A. The polls were closed at 8 o'clock; we commenced immediately after.
Q. 5. In the morning or evening ?-A. In the evening, and got them in numbers of 5 as far as I could. Sometimes we would go down on the State of officers and not see Representative to Congress candidate. Sometimes we would go down further; we generally got as far as that on the 5vs, sometimes still farther. I counted out the votes and took them out in 5v8; looked them over particularly down as low as Rep
resentative; then passed them over to Mr. Shaw, and told him how far down they were; below that we would have to call off separately. It was our manner of counting them. Our light was poor until Mr. Hubbard fetched in a lamp.
Q. 6. On account of the manner in which the count was made, the quality of the light, the time of day, was there not a liability of error in them, considering the number of scratched tickets in the box 1-A. Yes, sir; there was a liability.
Q.7. Have you assisted in the recanvass of the ballots for fourth-ward precinct, Marshalltown, since that time! Have you kept any count?-A. No, sir; only Saturday. Yes, sir; in the 4th ward I kept count, tallying, on Saturday.
Q. 8. Did you find any discrepancy then from a former count?--A. Yes, sir; there was a discrepancy.
Q.9. What was that discrepancy ?-A. It was 96 for Wilsou, while it was 98 before that.
Q. 10. How were the ballots strung on the evening of the election ?--A.
- 1-A. Mr. Shaw passed the votes to Mr. Dolittle; he strong them. They were strung directly through the middle of the ballots. They were not doubled.
Q. 12. You may state when you opened the box to examine them last Friday, wherever it was, if the general appearance of the ballots was the same as before. A. I do not think that it was.
Q. 13. What did you do with the ballots on the night of election ?-A. After wo got through counting the ballots we put them back in the box and locked it, and took it down to the village to the auditor's office, and it was to be kept there until the next day some time in the forenoon, and went and carried it up to the clerk's offico, that is, to Robert Bipford's office.
Cross-examination: Q. 14. Were you careful in making canvass that night?-A. We took due care, abont as much as usual.
Q. 15. You say you looked over each name?-A. Yes, sir.
Q. 16. You called attention to Shaw and requested him to look particularly I-A. Yes, sir.
Q. 17. Did you observe any mistakes in bunching them as he called them off?-A. I had a recollection that he called them off. If he made a mistake it was corrected right there at once before it went any further, because I had called off. I think he corrected me, or some one did, that is, if there was anything that did not correspond. If there was anything mistaken it was corrected at once.
Q. 18. Are you the Estabrook formerly county auditor 9-A. Yes, sir.
Q. 19. Was there any more liability to mistake in the canvass that night than there ordinarily is ?-A. No, sir; no more than usual, when we have as many names as there were on the tickets.
Q. 20. Quite a good many scratched tickets !-A. Yes, sir. Q.21. Were you any more particular about scratched tickets because of that?—A. We have to be always careful of scratched tickets; we have to be particularly careful.
Q. 22. The names for Representative was scratched more than any other names on the ticket!-A. Perhaps so; I could not say as to that ; I think they were; that is my impression.
Q. 23. Would your attention not be called more particularly to the correctness of the count in reference to Representative in Congress than any other candidate -A. No, sir; I think not, because we calculated that every one should be right.
Q. 24. You did not count these ballots on Friday or on Saturday, when you were here. Yon made tally ?-A. Yes, sir.
Q. 25. Did you count the ballots then ?--A. No, sir.
Q. 27. Could you tell from the appearance of the ballots now whether any of the orasures or the interlineations were made since or before the canvass ?–A. No, sir; I could not.
Q. 28. There is no difference between those tickets, in their appearance, any more than there is between one word and another P-A. Well, I have never examined that before, particularly, and know more about oar tickets than any others.
Q. 39. The Representative tickets are all printed from one stamp ?-A. Yes, sir; that is usual.
Q. 30. Some were Democratic tickets -A. Yes, sir.
9. 33. Do you believe that the canvass that you made then was correct ?--A. I did believe it at the time. I don't have any reason to doubt it now. Q. 34. In view of the fact that these ballots have been in the open box without
any security, have you any reason now to believe that there was any errors made on the night of the canvass ?--A. There is a possibility that there could be.
Redirect: Q. 36. The possibility of far less error here on Saturday than on the night of the canvass, in view of the fact of your only canvassing for one office, is that not true ?A. Yes, sir.
Recross-examination: Q. 37. Is there not a strong probability that both counts were correct ?-A. Yes, sir; I should say so.
R. ESTABROOK. STATE OF IOWA,
Marshall County, 88 : G. W. HARTWELL, being produced and sworn, before J. H. Bradley, notary public for Marshall County, on this 10th 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?-A. G. W. Hartwell. Q. 2. What is your age ?--A. 68 years. Q. 3. Where is your place of residence ?-A. Marshalltown, Marshall County, Iowa. Q. 4. What is your occupation ?-A. Fruit farming. Q. 5. Were you one of the officers of the third ward of the November election in 1882?-A. I was.
Q. 6. What office did you hold ?--A. I was one of the judges. Q. 7. State how the canvass was made on the night of the election, at what hours of the day or night!-A. The polls were closed at 8 o'clock, and we commenced immediately to open the box; the votes were taken out; Mr. Arnold, and myself, and Mr. Burret sorted them; we took the State ticket first, and the Republican ticket, then the Democratic ticket, and when they were all straight we counted them ont; we bad 25, 40, and sometimes 50 in a pile; we would begin with my pile; and Mr. Arnold would take out, and count it; sonetimes we would count it twice ; after we agreed as to the pile it was handed to Mr. Burret; wbep we got all the State tickets counted out I reported to the clerk, and he would put it down on the-tally list.
Q. 8. Was the office of Representative in Congress counted in the same way?-A. We got through with the State ticket for Representative in Congress, and made the same estimation; there were some Republican tickets with Frederick's name on; we sorted all for Frederick in one pile; then those for Wilson in another pile; we sorted them all over.
Q. 9. What kind of a light did you have ?-A. We had gas-light all the while; tolerably fair lights; we could see well enough.
Q. 10. Was there liability for mistake in that canvass in the one in which the tickets were counted ?—A. There might have been; we took a great deal of pains in counting.
Q. 11. You may state if you have assisted in the recanvass of the votes since that time 1-A. No, sir; I have not.
Q. 12. Were you present at any recanvass in which you have kept tally ?-A. No, sir.
Q. 13. Was the Congressional ticket counted off 40 and 50, etc., at the time!-A. Yes, sir; they were bunched up, and then we got together and examined them over again.
Q. 14. Was there a liability of mislaying the tickets; the Frederick tickets might have been laid on the Wilson ticket, may it not ?-A. Yes, sir; there might have been such a mistake.
Q. 15. There was a greater liability of mistake in that canvass, in view of the number of names on the ticket, than though you were only canvassing for one office, wasn't thers 1-A. Yes, sir.
Cross-examination : Q. 16. You say you sorted tickets for Representative in Congress in separate piles, didu’t you ?-A. Yes, sir; we sorted out these Republican tickets with Frederick's name on, put by themselves, also Wilson's tickets by themselves.
Q. 17. Did each of the trustees assist you in counting or sorting 1-A. Yes, sir; Mr. Arnold and I did the principal part. Mr. Burret sat on the other side. If we didn't agree we all three counted sometimes. I recollect I was two short; they made two more than I did; in counting I tallied; we counted them over so that we agreed; we calculated to be as correct as possible.
Q. 18. Were you all three counting these piles, these separate piles !--A. Yes, sir. Sometimes Mr. Arnold and I only counted them, but Mr. Burret was there counting, too.
Q. 19. Where there was any error suggested you counted them again ?-A. Yes, sir; I counted my ballots twice for certainty.
Q. 20. Wasn't there as much liability to be correct in counting them so as in counting the ballots in the same way as before 1-A. Yes, sir.
Q. 21. Is there not three times the liability of it?-A. I might make a mistake in counting it over 3 times, and think I was correct.
Q. 22. When 3 men count their tickets is there not three times the liability as when one counted them over 1-A. I think they are more likely to have them right, for when there was a difference between Mr. Arnold and me we would count thein over to see who was right; we would take particular pains to do that. Q. 23. Did you take particular pains in making this canvass 1-A. Yes, sir. Q. 24. Do you believe it to be correct ?-A. Yes, sir; I did at the time.
Q. 5. You haven't made any subsequent canvass ?-A. No, sir; nothing to do with them since I strung the tickets and tied them up.
Q. 26. Did you fold the tickets before stringing them ?-A. I folded them over this way.
Q. 27. Just folded them lengthwise orie.-A. Yes, sir.
Q. 28. Did you have any trouble in seeing that night !-A. No, sir; I don't think we did. I understood there was a difference, and I think the difference was made in the tally of the clerk; that is my honest convictions about it.
Q. 29. You didn't know there was two different 1-A. No, sir; I only heard them testify here, that is all; I did not know there was any difference myself. ($1.60 paid as fee by contestee.)
G. W. HARTWELL.
STATE OF Iowa,
Marshall County, 88: G. W. WESTLAKE, being produced and sworn before J. H. Bradley, notary public for Marshall County, on this 10th 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 1-A. Name, G. W. Westlake; age, 58; I can't own any particular business; I work where I feel like it.
Q. 2. Were you one of the officers of the election in the lat ward in Marshalltown at the November election, 1882 ?-A. No, sir; I wasn't. Q. 3. Were you one of the clerks of the election ?-A. No, sir.
Q. 4. You may state if you have been present at the time the ballots of the 1st ward in Marshalltown have been recanvassed.-A. I was called there by Mr. Binford, I think, on the 7th.
Q. 5. Did you assist in counting the ballots ?-A. I looked over to see them count them.
Q. 6. For what ward I-A. All the wards.
Q. 7. Can you state the result of that count in the 1st ward ?-A. Well, sir, I can't give the results of all, because I did not keep tally.
Q. 8. Can you give the result in the first ward 1-A. No, sir; I didn't keep the tally; I simply kept the difference, taking it from the poll-book'; the difference in the count for Frederick before.
Q. 9. What difference did you find in the different wards in Marshalltown for Representative in Congress ?-A. In the first ward, 8; second ward, one; third ward, A; fourth ward, three. Q. 10. You found a difference of 16 of the ballots of all the wards 7-A. Yes, sir.
Q. 11. You may state if that canvass was made carefully that time.-A. .Yes, sir; it was as carefully as it could be. I know that I watched it very carefully. It was done right directly in the sunlight, so as to get the best light possible.
Q. 12. Who handled the votes - A. Mr. Bipford handled them. Q. 13. Was there any ticket changed at that time ?-A. No, sir; not to my knowledge.
Q. 14. If there had been any later wonld you have known it !-A. I should think I would ; nobody had access to them but Bioford at all after they had been counted.
Q. 15. You may state wbat the judges said about finding mistakes. State whether there was any surprise that there were mistakes. (Objection, improper.)
A. Yes, sir; there was with some of them; I wanted them to go and look; I think there were three tickets. They became satisfied that they had overlooked them in the dark with the light they had. You will find three tickets in the light, that are scratched dimly, that it wonld be pretty hard to find by gaslight.
Q. 16. You mean from which Wilson's name was scratched off ?-A. Yes, sir; and it was counted for Wilson in the original count, and also one for Frederick, with Wilbon's so scratched or written with 80 dimly, that it would be pretty hard to see it. This ticket in particular I noticed. I remember I put on my glasses to see it was