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who voted produced witnesses to prove up their right to vote, voted after proving up their right to vote.

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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?—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?-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 out the oaths afterwards. And when we first thought of writing the names without 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. Johnson, 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-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?-A. 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?-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?-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?-A. Yes, sir; I think that was all. Q. 17. You know subscribe means to write under it, does it not?-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 ?—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?—A. I think that they were.

Q. 20. Never any oath written out to comply with the registry law?-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? A. Yes, sir.

Q. 23. You understood that there was a registry law in force at that time the same as now? 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?-A. That is it exactly.

Q. 25. Wasn't it the understanding that these pieces of paper were to be filled afterwards?-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?-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?-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 whatever 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

respective parties?-A. My recollection is that C. M. Norton administered the oath to all of them while I was there.

Q. 31. There wasn't anything said to him that he was to fill them afterwards?— A. I don't think so after the election closed.

Q. 34. Well, before the election closed?—A. I think at the time we run out of blanks the matter was talked over. We sent up to the other precincts and they sent word they were out. Frederick went to get paper that they might write them out themselves. There were so many wishing to vote by this time that there was not time. It kept the clerks and judges very busy. Some one suggested that they could be filled out afterwards. I think it was Col. Johnson.

Q. 35. Wasn't it Mr. Frederick, the contestant?-A. Yes, sir.

Q. 36. Did he get several quires of paper?—A. I think about one quire. Part of it I took to the poor afterwards.

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Q. 37. Was it all used in that way?-A. No, sir; only a small portion of it was. took the balance home. I handed a part of it to the paupers living in the poor-house. Q. 38. And the paper was furnished by Frederick, and he was there?-A. He brought it there. I don't know who bought the paper.

Q. 39. There was no question as to there being à registry law in force?-A. That question was raised there, sir.

Q. 40. While you were gone to dinner or supper you don't know how many voted that were not registered?-A. No, sir.

Q. 41. How long were you gone to supper?-A. Perhaps 30 minutes.

Q. 42. Did you go to supper at 6 o'clock?-A. No, sir; I think about 5 or 6.

Q. 43. They were running in votes pretty fast then?-A. No, sir; a little slack; it did not last long after they began to come up from the railroad; I think that they quit about 6 o'clock.

Q. 44. What particular ones did Norton administer the oath to?-A. No particular ones; I think that he administered it to all while I was there.

Q. 45. Do you recollect now?-A. Well, I can't undertake to tell the names of all he administered the oath to.

Q. 46. I didn't ask you the number, but what particular ones he swore.-A. I think he swore all while I was there.

Q. 47. Well, do you know what particular ones he swore; can't you name any that he swore, now?-A. I could not; because we put it to him to administer the oath as he was a notary public. I think that he administered the oath to all.

Q. 48. Do you think he put his seal to these pieces of blank paper?—A. I could not say that he did.

Q. 49. Do you think that he signed any of these pieces of paper?—A. I could not say that he did.

Q. 50. Didn't you know what was in these pieces of paper-the names of all the persons-A. No, sir; I did not know that.

Q. 51. Did you see any of them?-A. I saw the papers there, on the other end of the table; I had other business to attend to.

Q. 52. Did you see any of them after they were signed?—A. I saw them then, on the table after they were signed.

Q. 53. Did you see any of those papers after that anywhere else?-A. I saw the people signing the papers; I didn't see the papers after they were signed.

Q. 54. You didn't see them since?-A. No, sir; I never saw them since.

Redirect:

Q. 55. Is Mr. Johnson, the man who suggested that, the Hon. B. W. Johnson ?—A. Yes, sir.

Q. 56. He was formerly Republican-A. Yes, sir.

Q. 57. Supporter of Wilson, is he not?-A. I don't know whom he supported.

Q. 58. Do you know anything about his voting for Wilson in this case?-A. No, sir; I don't know anything about that.

($0.85 paid as fee by contestant.)

STATE OF IOWA,

Marshall County, 88:

O. B. BARROWS.

R. ESTERBROOK, being produced and sworn before J. H. Bradley, a notary public for Marshall County, on this 4th day of March, A. D. '83, 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 co. judges in the 4th ward at Marshalltown at the city election Nov., '82?-A. Yes, sir.

Q. 2. You may state if you run out of register blanks in that ward.-A. We had them until five or six o'clock; we run out before we got through.

Q. 3. Now you may state if you received votes of people on the register during the

latter part of the day when you run out of blanks.-A. Yes, sir; the other was a substitute for a blank.

Q. 4. State what the substitute was.-A. Well, it was a writing describing the location, and sometimes the street they were living on; I asked them particularly. (Objection on the ground that it is immaterial.)

Q. 5. Well, did you swear the witness?-A. Yes, sir.

Q6. Were all of the witnesses of the parties who wished to vote that were not registered sworn?

(Objection; immaterial, incompetent.)

A. Yes, sir; they were, so far as I know.

Q. 7. Was the same oath administered as prescribed by the blanks?

(Objection; immaterial, incompetent.)

A. Yes, sir; I think that it was the same.

Q. 8. Were these voters who produced witnesses, were they examined by the boar as to the residence of the voter in the ward?—A. Yes, sir; they were all examined alike; sometimes one of the board examined them, and sometimes another.

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Q. 9. Was it proven to the satisfaction of the board that they were residents in the ward at the time the vote was received?-A. Yes, sir; we went through the same course with them; the question came up there whether they were voters.

Q. 10. You allowed any one to vote that proved his residence in the ward the requisite length of time?

(Objection; incompetent, immaterial.)

A. The question was asked them if they could swear that they resided in the 4th ward.

Q. 11. Was that question put to the witness?-A. Yes, sir; the same question was put them all as far as I know.

Cross-examination:

Q. 12. Now, what were these papers they signed; was there any oath registered as to these votes?-A. It was the regular form; they were not until we run out of forms.

Q. 13. What did you do when you run out of the regular forms?-A. We got the number of the residence, and the number of the street as far as we could; I questioned them about the street.

Q. 14. In a good many you did not get anything but the name, did you; that is, the name of the voter?-A. No, sir; sometimes we got the residence; that is, the number of the street, and number of the residence on the street.

Q. 15. You did not make any record of any oath being administered to these persons who went to vote; were they not registered if you run out of blanks; that is, as to their qualifications; was there a written record of it?-A. Yes, sir; there was a writing made of it; I think they or these were with the others that were put with them.

Q. 16. Have you seen any of these since?-A. No, sir; Isaw them at the time, but not

since.

Q. 17. Did you know that they had nothing but a blank sheet of paper with two names on it; one at the middle, and one at the bottom, without any other on it?—A. No, sir; they were not; I think that they were written; that is, their names in; well, I got to that; they were written there, I had an idea, and my impression was

Q. 18. Well, not your impression was, but what record was made of the oath that was used for a substitute for the blanks?—A. In swearing them I used the same oath that was on the blank.

Q. 19. What record was made of that?-A. That is what I am coming to; my impression is that the street they lived on was put in also.

Q. 20. There was not any oath written out full anywhere?-A. When we got out of printed blanks?

Q. 21. Yes, sir.-A. No, sir.

Q. 22. All there was, then, was, simply the name written down, and the street?-A.

Yes, sir.

Q. 23. Now, was the name written by the party voting or by one of the judges of the election?-A. By the judges of the election; they signed it.

Q. 24. How is that?-A. They signed their names.

Q. 25. Then the name was written by the judges of the election, was it?-A. I thought there was a blank filled out and returned to them to sign.

Q. 26. Have not you run out of blanks ?-A. Yes, sir.

Q. 27. What was written in that blank?-A. That is hard for me to tell.

Q. 28. What is it, then ?-A. We used blank papers with names written on; I really cannot tell exactly what was on it.

Q. 29. Was it simply a blank sheet of paper?-A. We took a blank sheet of paper with some writing, giving their names and residences.

Q. 30. Any affidavit written?-A. No, sir; I think not of any length.

Q. 31. Was there any of any shortness?-A. I have no recollection.

H. Mis. 22-7

Q. 32. You did not see them when Binford produced them?-A. No, sir; once since. Q. 33. Did you not know that that was returned simply as a blank sheet of paper, with a name or two written on it without any affidavit at all?-A. Well, sir, I never saw them from the time we got through; I have never seen them since.

Q. 34. All that was returned was simply blank pieces of paper that were used--nothing written but the name?-A. I could not say as to that.

Q. 35. Did you swear any with the name written out only; did you swear any of these names after you had run out of blanks, where the affidavit was written out in full?-A. Yes, sir; I swore some of them.

Q. 36. Then these without blanks?-A. You are asking me when they signed their names, if I swore them in regard to being a resident?

Q. 37 No, sir; that is not it at all.-A. What is it, then?

Q. 38. This is the question: Did you swear any of these persons who desired to vote after you ran out of blanks, without the affidavit written out ?-A. In full, you mean? Q. 40. Yes, sir; of course.-A. No, sir; I don't think there was any written out in full.

Q. 41. After you ran out of blanks you adopted this method; took blank pieces of paper and let the party desiring to vote sign it about the middle?-A. Yes, sir. Q. 42. Somebody signed them at the bottom?-A. Yes, sir.

Q. 43. That is all the record made of it ?-A. Yes, sir.

Q. 44. In many instances the party who signed his name at the bottom lived in another ward?—A. I don't recollect any case of that kind; it might have been so. Q. 45. You were not particular to see that the party that was vouching for the party who was voting was a resident of the same ward-A. No, sir.

Q. 46. In many instances residents of different wards?-A. No, sir; I don't know of any cases of that kind; though there might have been.

Q. 47. In many instances the party vouching was not on the register?—A. I don't know of any case in which it might have been.

Q. 48. Did you look to see whether the name was on the register?-A. No, sir.

Q. 49. You knew there was a registry law in force-you supposed there was?—A. I looked to see whether they were parties I knew.

Q. 50. You supposed the registry law was in force?-A. Yes, sir.

Q. 51. How many votes were there cast in all in the 4th ward, do you think, after you ran out of blanks, where there was no affidavit of any qualification after voting but simply these blank papers signed?-A. I have reason for knowing that.

Q. 52. Can you give any idea?-A. No, sir; none at all. We ran out about 5 or 6 o'clock.

Q. 53. Quite a large number of votes were put in after that?-A. Yes, sir; quite a number.

Q. 54. You held the poll-book open till 8 o'clock; a large number of people, laboring people, voted after supper, did they not, in the ith ward?-A. Yes, sir: there were a great many of that class of voters.

Q. 55. Why did you simply let parties sign these blank pieces of paper, and did not have them make any affidavit?-A. When we were nearly out they had adopted it there, and I adopted the same course.

Q. 56. Why did you omit that little formality of having them make an affidavit to the votes; why did you not have it written out; was there not time to comply with the law?-A. Well, at the time we were rather hurried.

Q. 57. It was because you were hurried, was it?-A. Yes, sir; we were in a hurry at the time.

Q. 58. There was not any notary attaching his seal to any of these papers ?—A. No. sir; not that I saw.

Q. 59. There was no officer that signed these papers, was there?-A. No; there was no board there.

Redirect:

Q. 60. Although you ran out of blanks, the oath was administered in due form to these parties?-A. I suppose it was to some.

Q. 61. Who administered the oath ?—A. I did, myself.

Q. 62. Did you administer the same oath to all these that signed the blanks?A. Yes, sir.

Q. 63. You took proof only of men you knew to be truthful and reliable?-A. I would not have taken any other.

Recross-examination:

Q. 64. You did not regard whether the person of whom you took proof lived in the ward?-A. No, sir; it was only as to whether they were truthful and knew the voters ¡n the case.

Redirect:

Q. 65. There was no time to write out blanks without sacrificing a great deal

A. There might have been some time we could have written them out; part of the time we could not.

($0.85 paid as fee by contestant.)

No. 5.

R. ESTERBROOK.

STATE OF IOWA,

Marshall County, 88:

Deposition of witnesses produced before me, Eldon Moran, notary public and commissioner agreed upon to take testimony, and duly sworn by J. H. Bradley, a notary public in and for Marshall County, Iowa, on this first day of March, 1883, in pursuance of the notice hereunto attached, at office of Brown and Carny, at Marshalltown, Iowa, 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 proceding Benj. T. Frederick is contestant, and James Wilson, contestee. Brown and Carney appeared for contestant, and J. H. Bradley for contestee. The following testimony was taken before me:

STATE OF IOWA,

Marshall County, 88:

EZRA R. WYATT, being produced and sworn before J. H. Bradley, notary public for Marshall County, on this fifth 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. Ezra R. Wyatt.

Q. 2. Where is your place of residence?-A. I reside in Marshall County, Iowa. Q. 3. What is your occupation?-A. Farming and stock raising.

Q. 4. Were you one of the officers of the election in Washington Township at the Nov, election, 1882?

Q. 5. Are you at present township clerk?—A. I am.

Q. 6. Have you possession and custody of the ballot-box used in the Nov. election, 18821-A. Yes, sir; I have it with me.

Q. 7. Where has the ballot-box been kept since the election?-A. It was left on top of a high cupboard in the school-house.

Q. 8. Left locked or unlocked?-A. Left locked.

Q. 9. Was the key in the lock?-A. No, sir; I have it with me.

Q. 10. Have it in your pocket?-A. Yes, sir; carried it with me.

Q. 11. You may state if you have it now in your possession.-A. Yes, sir; I have. Q. 12. You may state in what condition the ballots were left in the box at the time of the election.-A. They were all put on to a string and put into the box, and then the box locked.

Q. 13. You may now open the ballot-box and count the ballots that were cast at said election.

(Att'y Bradley, on the part of contestee, objects because it is not shown that the ballots are now in the same condition in which they were left by the canvassers.)

Q. 14. Please count them in the presence of the commissioner. You may state whether the ballots are apparently in the same condition as they were at the time when they were counted at the election.-A. Yes, sir; and the tickets are apparently in the same condition in which they were left at the time we counted them; part of one ticket is gone, and part is torn off that I can't find.

Q. 15. Can that have been torn off by one end being partially left out of the box? -A. I can't say as to that; we found it separated and lying loose in the box; it was not strung. There is a small ballot that has nothing but assessor, commencing here, and further down are the township officers; it had no State ticket on it; that was also loose with this piece of ticket; the rest were all strung.

Q. 16. You recollect that small ballot ?-A. Yes, sir; I remember it was cast at the election.

Q. 17. You may now proceed to count the ballots, and state how many there are for the office of Representative in Congress, 5th Congressional district, and state how many ballots each candidate received?

(Witness proceeds to count the ballots; Mr. French is called upon to assist in making the tally.)

A. Here are two tickets that don't appear to be for anybody as Congressman. This one you see has never had anything but township names on it. Beginning at the heading, the township ticket part is all that is on it. This one appears to have no Representative on it; the name of the Representative came above it, perhaps.

Q. 18. What kind of a ticket is it, Democratic or Republican ?-A. Well, sir, the heading is not here; I will have to compare it. Here is Anderson for dist. att'y, in Harding Co.

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