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Q. 5. Did you know anything about a back room to that office; how it is seated, if it is seated at all!-A. Well, I hardly go into the room, because I have my table in the front room near the windows. I never made any use of that room, except sometimes I put my umbrella in there,
Q. 6. Have you ever known where the ballots have been kept in that room 1-A. It seems to me that I saw them take the ballots out. I never noticed it.
Q. 7. Did you ever go to the box yourself?-A. No, sir.
Q. 8. Did you ever see anybody there handling the ballots other than the clerk of the election i-A. No, sir; I never saw anything of the kind. I never saw any one in there.
Q.9 Are there any doors to that room except through the office !-A. Yes, sir. When I do not see anybody around I locked it up. I sometimes leave it open when I see Mr. Binford standing down below; he generally sees who is coming up or down.
Q. 10. It is not open except for a short time temporarily i--A. Yes, sir; that is all.
Q. 11. You didn't know where those tickets were kept?-A. No, sir; because I saw Binford, Carson, and Johnson—that is, at one time-I saw them talking about it. I never go into the room. I have no business in there, only just as I say, sometimes in the summer time I put my umbrella in that room.
Q. 12. You have never disturbed any ballots in that room 1-A. No, sir.
Q. 13. You saw Mr. Binford taking them out one day 1-A. Yes, sir; he looked at them; Mr. Stone was there ; that is not my business. Pinkham has his papers in there from the company; he has the big box and divides them out in there.
Cross-examination : Q. 14. Who else besides your office-what other offices or occupied rooms open in that hall 1-A. Well, two little rooms have been vacant, but the back room has been used as a place where he met to play cards sometimes.
Q. 15. Who else has offices in that building -A. Then on the other side are two rooms occupied by our clerk; those others are people I am not acquainted with.
Q. 16. Does the hall open out back into the lot by a back stairway ?-A. No, sir; no back stairway.
Q. 17. It is front stairway ?-A. Yes, sir.
Q. 18. How many times do yon suppose in the last 4 months bave you been out of the office when no one lived in the office and left the door unlocked 1-A. I can't tell that; I might go out and not lock the door; I lock the door unless I step out for only a few minutes.
Q. 19. How inuch of the time are you in the office in the daytime 1-A. I stay in an hour or two; I don't generally stay longer.
Q. 20. Are you in the office in the evening ?-A. No, sir.
Q. 23. How long ago was it you saw Binford and Stone lock them up 1-A. I can't recollect how long it was. ($0.85 paid as foe by contestee.)
CHAS. BRENNECKE. STATE OF Iowa,
Marshall County, 88: JOSEPH W. MORGAN, being produced and sworn before J. H. Bradley, notary public for Marsball 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 yoor name, age, place of residence, and occupation! What office did you hold since the November of 18821-A. To the 1st of December I have been occupying the office with Pinkham.
Q. 2. The one that Robert Binford occupied !-A. Yes, sir. Q.3. Who else occupies this office l-A. Mr. Brenneke and Mr. Pinkham; these are the only two that I know of.
Q. 4. Yon may state if that office has been locked during the night since you occupied it.-A. I suppose it has.
Q. 5. You may state whether it has been locked, except when it has been occupied during the day, as far as you know.-A. I think that there have been times when the office has been open during the day.
Q. 6. How long a time at a time 1-Å. I cannot tell.
Q. 7. You may state how the back room has been kept in that office.-A. No entrance to, except through the front or side door. I think that it has been kept uniformally locked.
Q. 8. Do you know wbere the ballots of the November election have been kept since yon occupied that office !--A. I can only answer that question by saying that on the night of the election the votes of the 3d ward were carried in the office of Mr. Binford, and I went with him. Further than that I know nothing of the votes. Nothing except up to the time when Mr. Stone came there to look them over.
Q. 9. Have you ever handled the votes or changed the ballots in the box 1-A. No, sir.
Q. 10. Ever been to the box or known of anybody else going to it, or disturbing it, except at the time Mr. Binford examined these 1-A. No, sir.
JOSEPH W. MORGAN.
MARSHALL COUNTY, March 10th, 1883. A. N. FRENCH recalled. Q. 1. You may state if you are the auditor of Marshall County, Iowa.-A. Yes, sir.
Q. 2. State if you have a copy of the abstract of the returns of the board of supervisors to the board of State canvassers of the votes cast for Representative in Congress, November election, 1882.-A. Yes, sir.
Q. 3. State if you have the poll-books that were returned to you by the judges of the election of the different precincts in the city of Marsballtown in the Nov, election, 1882.-A. Yes, sir; I have.
Q. 4. Have you the first ward, city of Marshalltown, and state how many votes are shown by the poll-books to have been returned for the office of Representative in Congress in that ward, and how many for each candidate.-A. First precinct, office of Representative in Congress, 5th district, 249 ballots cast, of which James Wilson had 84, B. T. Frederick 163, David Platner 2.
Q. 5. Does that agree with the tally-list? Turn to the abstract of the election and state how many were returned to the board of State canvassers of the precinct.-A. Frederick 163, James Wilson 84, Platner 2; yes, sir; it agrees with the abstract. I am not tallying out with the tally-list now.
Q. 6. Look at the abstract of the 3d ward in Marshalltown and state how many votes were certified for the office of Representative in Congress to the board of Stato canvassers, and how many were returned by the election board in that precinct as shown by the poll-book or certificate returned, and how many each candidate received.-A. For the office of Representative in Congress, 5th district, there were 374 ballots cast, of which James Wilson received 112; B. T. Frederick, 260; David Platner, 2.
Q. 7. Look at the abstract and see how many the abstract were returned to the board of State canvassers for the respective candidates for the office of Representative in Congress.-A. They agree except as to Platner. I read it 5. It is about two on the poll-book. . Q. 8. State if the abstracts and poll-books of the 3d ward agree, and how many were returned as shown by the abstract returns to the board of State canvassers.-A. Abstract shows James Wilson, 112; Frederick, 260; David Platner, 5.
Q. 9. How many shown by the poll-books 1-A. Wilson, 112; Frederick, 260; Platner, 2.
Q. 10. How many as shown by the poll-book returned from the precinct? What is the discrepancy between the abstract and tally-list 1-A. I read it 3 votes on Platner's ballot.
Q. 11. You may look at the abstract for the 3d precinct in the city of Marshalltown and state how many votes were returned to the State board of canvassers for the office of Representative in Congress for each candidate.-A. The 2nd ward precinct, James Wilson had 126; Frederick, 188; Platner, 11.
Q. 12. Look at the returns made to the board of supervisors, Marshall County, Iowa, for the precinct, and state how many each returned for the office of Representative in Congress in the November election.-A. 295; James Wilson bad 126; Frederick, 158; Platner, 11.
Q. 13. Take the 4th ward, city of Marshalltown, and see by the abstract, as certified by the board of Co. canvassers, Marshall County, to the board of State canvassers, and state how many were returned as votes cast for the office of Representative in Congress, 4th ward.-A. James Wilson, 98; B. T. Frederick, 270; Platner, 4.
Q. 14. Look at the poll-book of the returns to the board of county canvassers for the 4th ward precinct, and state how many were returned for each candidate for the office of Representative in Congress.-A. 373, of which James Wilson received 9%; B. T. Frederick, 270; David Platner, 4.
Q. 15. State if these are all the returns yon have of the votes cast at the November election, 1882.-A. Yes, sir; they are.
Q. 16. State if that is the correct copy of the abstracts as returned to the secretary of state of the votes for Representative in the 5th district.-A. Yes, sir; it is for these precincte. ($0.85 paid as fee by contestee.)
A. N. FRENCH.
No, 3. STATE OF IOWA,
Marshall County, 88 : I, Eldon Moran, a notary public and commissioner agreed upon to take testimony in this cause, in pursuance of the annexe i agreement attached to the testimony of J. 8. Adams, whose testimony was taken Feb. 22, 1883, do truly certify that on the 10th day of March, 1883, in pursuance of the notice hereunto attached, I took the depositions of the following-named witnesses: W. D. Forbush, 0. B. Barrows, Bob't Binford, O. B. Barrows (recalled), C. M. Norton, W. H. Harrington, R. E. Everett, A. B. Taplin, C. W. Stone, C. A. Stephens, O. P. Arnold, C. B. Pinkham, N. C. Nelson, F. B. McGrew, R. Estabrook, G. W. Hartwell, G. W. Westlake, Chas. Brennecka, Joseph W. Morgan, A. N. French (recalled), whose testimony is set forth herein in the following manner:
Each witness was first sworn by me duly, or caused to be sworn in my presence, as provided by law, and when sworn, the questions were propounded to him by respective parties, Benj. T. Frederick, contestant, and James Wilson, contestee, by their respective att’ys, and the question by me read to the witness, who answered the same, and his answer in the language of the witness was by me taken down, under each question propouuded, and reduced to writing until the deposition was completed.
I further certify that when the testimony of each witness was taken I carefully read the same over to the witness, who corrected the same, and each correction noted, and said testimony was then signed by the witness and sworn to by him before.
I further certify that T. Brown and Carney appeared as counsel for contestant, Benj. T. Frederick and J. H. Bradley appeared as counsel for James Wilson, contestee.
In witness whereof I have set my hand and seal hereunto notarially, this 10th day of March, 1883. (SEAL.]
ELDON MORAN, Notary Public for Johnson County, Iowa, and Commissioner agreed upon to take testimony.
No. 4. STATE OF Iowa,
Marshall County, 88: C. B. PINKHAM, being produced and sworn before J. H. Bradley, a 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 contestee):
Q. 1. Were you one of the clerks or judges in the November election, 18821-A. Yes, sir; I was in the first ward.
Q. 2. You may state if you run out of register blanks during that election.-A. No, sir; they did not in my ward.
Q. 3. There are no returns, then, in that ward if any one voted without registering 1-A. We didn't run out of blank certificates; we had them in use all day.
Q. 4. You nsed certificates all day in your ward ?-A. Yes, sir.
Q. 5. Were all the voters registered in your ward; whenever they came to vote without being registered they were all sworn ?
(Contestee objects to the question as immaterial and incompetent.) A. Yes, sir; tbey were.
Q. 6. They were always sworn to by a freeholder in the ward or the city that you were acquainted with 1
(Contestee objects as immaterial and incompetent.)
Å. Yes, sir ; they were, with one exception. I didn't think of it until afterwards. One man, not a freeholder, was certified to by Mr. East; he wasn't a freeholder.
Q. 7. Is he a deputy sheriff 1-A. No, sir; the brother of the deputy sheriff, I did not think of it until too late.
Q. 8. Was he one of the clerks of the board 1-A. No, sir; one of the judges. It occurred to me afterwards that he vouched for it; it was too late to rectify it when it was ascertained. (No fee.)
C. B. PINKHAM.
STATE OF Iowa,
Marshall County, 88: 0. P. ARNOLD, 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 of contestant, and J. H. Bradley on the part of contestee):
Q. 1. You live in Marshalltown ?-A. Yes, sir; I do.
Q. 2. Were you one of the judges in the November election of 1882—A. Yes, sir; for the 3rd ward.
Q. 3. You may state if there were parties who voted there in that ward whose names were not on the register.--A. Yes, sir.
Q. 4. You may state if they were proved to be voters whose names did not appear, if they proved their residence
(Contestee objects; incompetent, immaterial, and not the proper rebutting evidence.)
A. Yes, sir.
Q. 7. All the witnesses signed the paper also 1-A. Yes, sir; those who vouched for them.
Q. 8. Well, now, did the parties who vouched for the voters also swear that those who voted were voters !--A. Yes, sir.
Q. 9. Do you remember of any person that was permitted to vote that was not registered; that proof did not appear satisfactory to the board that they were entitled to vote in that ward?
(Objection; incompetent and immaterial.)
Q. 10. Did you know of any person being permitted to vote whose name did not appear on the registration book; that is, proved to the satisfaction of the board that he was a resident in the ward and entitled to vote?
(Objection; immaterial and incompetent.) A. No, sir.
Q. 11. Now what was the form of the oath administered—the same as the oath required by the registry law?
(Objection; incompetent and immaterial.)
A. Yes, sir; I don't know as the oath was read in full every time, but it was substantially the same.
Q. 12. Were the witnesses interrogated as to where the party lived and as to his knowledge of his right to vote?
(Objection ; immaterial and incompetent; not the proper rebutting evidence.)
Q. 13. That is, the witnesses that were sworn ?-A. Yes, sir, I think that they were; that is my impression.
Q. 14. He gave the evidence upon that subject before the party stated that be knew where the party lived 1-A That was provided for in the oath. Q. 15. He made answer to the oath, did he ?-A. Yes, sir.
Cross-examination: Q. 16. You say that he subscribed to the oath; do you mean that he wrote his name at the bottom oath 1-A. Yes, sir.
Q. 17. What was the oath written upon 1-A. Which have you reference to !
Q. 18. I mean those voters that were not registered after you ron out of blanks A. The oath was read from another paper.
Q. 19. Wasn't it simply a blank of paper the voter signed his name to the bottom and left in blank both oath of witness and voter 1-A. Yes, sir, that is a fact.
Q. 20. Then the oath subscribed to was simply a blank piece of paper 1-A. Yes, sir. Q. 21. Then the subscribing was written on a piece of blank paper1-A. Yes, sir.
Q. 22. Then there was no oath subscribed to in the case 1-A. No, sir; not on those blanks.
Q. 23. Was the oath administered in due form
0. P. ARNOLD.
STATE OF Iowa,
Marshall County, 88 : 0. B. BARROWs, being produced and sworn before J. H. Bradley, notary public of Marshall County, on this 4th day of May, 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. Were you one of the judges at the election of the 2d ward, city of Marshalltown!-A. Yes, sir.
Q. 2. You may state if you remained there during the day.-A. Yes, sir; except while I was gone to dinner.
Q. 3. State if all the persons not upon the register list of the election in that ward
who voted produced witnesses to prove up their right to vote, voted after proving up their right to vote.
(Contestee objects; incompetent.) A. Yes, sir.
Q. 4. Did you run out of blank register affidavits during the day?-A. Yes, sir; we did towards night.
Q. 5. You may state how the proof was made after you run out of blanks. State whether any oath was administered to the witnesses.-A. The witnesses and voters were both sworn.
Q. 6. Was the oath administered similar to the one provided in the blank 1-A. The same oath that had been administered to them before.
Q. 7. The proof duly brought showing that they had a right to vote?-A. Yes, sir. (Objection; immaterial.) Q. 8. There was no voter permitted to vote without such proof l-A. No, sir.
Cross-examination: Q. 9. Was the oath written down ?-A. No, sir; not after they had run out of blanks, no, sir; they commenced writing, but the crowd was so great we talked of hiring a special clerk to write out oaths. I think Col. Johnson suggested that they sign their names, administered the oath, also sign the names of the witness, then write ont the oaths afterwards. And when we first thought of writing the names withont reading the oath Mr. Frederick went up town and brought down a quire of legal cap at the suggestion of some person, I think it was Col. B. W. Johnsou, that they did not have time to write out, there were so many wishing to vote. He suggested that it would be as well to let them sign their names and also let the witnesses sign their names.
Q. 10. You think there was no time to comply with the formulas required by the statute 1-A. No, sir; there did not seem to be time; there was quite a number voting
Q. 11. About how many votes were there where they did not subscribe to the regular form 1-4. I don't know how many there were; it was along toward dark, in the evening, I remember.
Q. 12. Quite a good number were there 1-A. Yes, sir; I should say probably 25 or 50 voting to my distinct recollection; it was about time that they were coming up from the railroads to vote when there were a good many voting.
Q. 13. Now all there was done so far as an affidavit having record of affidavit signed was to have the party sign a blank piece of paper 1-A. Yes, sir; I think so.
Q. 14. They were left blank, were they not?-A. I think they were.
Q. 15. There was no oath subscribed at all, was there?-A, I don't think there was any oath subscribed; they were simply sworn by subscribing to that paper,
Q. 16. Subscribing to the piece of blank paper 1-A. Yes, sir; I think that was all.
Q. 17. You know subscribe means to write under it, does it not 1-A. I guess so; they subscribed their names on the paper.
Q. 18. You don't know whether that was filled up with oaths or affidavits 1-A. No, sir; I don't know, indeed.
Q. 19. Those pieces of blank paper were returned in to that very township to the township clerk 1-A. I think that they were.
Q. 20. Never any oath written out to comply with the registry law 1-A. I don't think there was.
Q. 21. Wasn't there any intention to write out the oath ?-A. I think that it was intended to write them out, but I don't think they had them do it.
Q. 22. You did this for the purpose of complying with what you understood to be your duty in the registry law I-A. Yes, sir.
Q. 23. You understood that there was a registry law in force at that time the same as now 1-A. Yes, sir; that was my understanding.
Q. 24. And the reason the oath was not written out and subscribed by the registry law was that they did not have the time to do it 1-A. That is it exactly.
Q. 25. Wasn't it the understanding that these pieces of paper were to be filled afterwards 1-A. I think that was the understanding; it was suggested that they could write the oath out; I thought that it was understood that they would.
Q. 26. Who was directed to fill them out 1-A. I think that it was the intention of the clerk at the same time. When they closed up they were kept very busy; had no time then. It was late when they got through counting.
Q. 27. You have examined these papers since 1-A. No, sir; I have not.
Q. 28. You don't know whether they had time yet to do it?-A. No, sir; I don't know whether they had time or not.
Q. 29. There is not anything to show by these papers themselves whether any party wbatever administered the oath to any party?-A. No, sir.
Q. 30. It would not be possible to say which officer administered the oath to the