C. B. WING, being first duly sworn, testified as follows: Direct examination by Mr. WILSON, attorney for Mr. ENGLISH: Q. State your name, age, and residence ?-A. C. B. Wing; age, 30; residence, Cincinnati. Q. What business are you engaged?-A. The paper business. Q. How long have you been engaged in that business?-A. Twelve or thirteen years. Q. Are you connected with any firm?-A. I am connected with Chatfield & Wood, of Cincinnati. Q. Is the firm with which you are connected extensively engaged in the manufacture and sale of paper?-A. Yes, sir. Q. Does your firm manufacture and sell Imaterialknown in the trade as lithographic plate, or plate?-A. Yes, sir. Q. I call your attention to the ticket marked Exhibit F, to the deposition of Austin H. Brown, and headed Republican ticket; you will please look at that, and state now what is the material on which that ticket is printed; what is it called in the trade?— A. It is called lithographic plate in the trade. That is the name we give it. Q. Did you sell material of that description to the Journal Company in the city of Indianapolis a short time before November 7th, 1882 ?-A. Well, I cannot remember that exactly. We sell them this kind of paper all the time. Whether I sold them auy at that time or not, I cannot remember. Q. Does your house manufacture that lithographic plate?-A. Yes, sir. Q. What is that material generally used for? (Objected to as immaterial.) A. It is used by lithographers or for fine job work of any kind. Printers use it. Q. What is the weight of that lithographic plate paper upon which that Republican ticket is printed, size of sheets 25 by 38, per ream?-A. I do not know the weight of it; I could only judge that it is a sheet of regular sized plate paper. Q. What would you say approximately ?-A. I should think that paper would weigh, 22 by 28, 70 pounds. Q. I ask you what would be the weight per ream of this paper where the sheets were 25 by 38, the paper upon which the Republican ticket is printed?-A. I say 108 pounds. Q. What is the weight per ream of the book paper upon which the Democratic ticket is printed, the sheets being the same size. What is the relative price of the lithographic paper and the book paper?-A. That all depends on how they are sold. Q. The market value November 7th, 1882, if you know?-A. It would be on that sheet 9 per pound; that is the manufacturer's price; that is our price. Q. What is the price of book paper per pound?-A. This Democratic ticket, as near as I could guess, would be at that time; it is worth 7 now. Q. What would a ream of that lithographic plate cost about November 7th, 1882, retail or manufacturer's price, either? (Objected to as immaterial.) A. I say manufacturer's price, our price. We are the only house West that makes lithographic plate. Our price is 94 cents. Q. What would a ream come to at that price, sheets being 25 by 23?—A. It would be 94 times 108. Q. What would be the value or the price of book paper of the character upon which that Democratic ticket is printed per ream, size of sheets being 25 by 387-A. Eight and a quarter times 45. Cross examination by Mr. PEELLE: Q. Do you know what plain white paper is?-A. I think I could tell a sheet if a man would hand me one. Q. Is there more than one kind of plain white paper?-A. Yes, sir; there are forty different kinds. I think I could enumerate forty. Q. If a man would come to you and want to buy plain white paper, would you know what the man wanted without interrogating him?-A. I would ask him what kind of plain white paper he wanted. Q. What is plain white paper?-A. There are different kinds of that. There is plain white newspaper, plain white book paper, plain white tub size, and plain white writing paper, and I could enumerate many more. Q. Is that paper upon which the Republican ticket is printed, plain white paper?— A. It is plain white plate paper. Q. Is not that as equally plain white paper as the book paper upon which the Democratic ticket is printed?-A. I would call that Democratic ticket white book paper, and this Republican ticket I would call white plate paper. Q. And print paper you would call plain white print paper?-A. I would say white print. I don't know as I would use the word plain. Q. If one is plain white paper the other is plain white paper equally.—A. Well, yes; I don't know but it is. Q. What is it that makes plain white paper; what is plain white paper?-A. You can make plain white paper out of a good many things; you can make it out of wood and rags. Q. That Republican ticket is printed on paper, is it not?-A. Yes, sir. Q. And it is plain white, is it not?-A. Yes, sir. Q. And if the Democratic ticket, which is printed on plain white book paper is plain white paper, the Republican ticket which you say is printed on plain white plate paper is equally plain white paper, is it not?-A. I would call it white paper, or white aplate paper. Q. You would call the other white book paper ?—A. Yes, sir. Q. If that is plain white paper the other is plain white paper, is it not? There is no difference between them, is there -A. There is no difference in the color, there is a difference known to us paper men, this is blue white and the Republican is toned white. Q, The Democratic ticket is not plain white paper then-A. Yes, sir; it is what you would call, or the world would call, plain white. Q. It is what is known as plain white paper in the trade?-A. Yes, sir; if a man would want plain white paper we would sell him that; but sometimes we get it a little blue or a little yellow, according to the water. Q. I will ask you if that plate paper you speak of, upon which the Republican ticket is printed, is not frequently used for book purposes?-A. In a fine job. Q. Is that what is known as plate paper in the East-A. It is what they call lithographic plate. Q. Has it that finish on that plate paper has?-A. Well, steel-plate paper is finished differently from this; steel-plate paper is finished more on one side; it is finished so purposely. Q. You say you are selling that paper in the trade all the time?-A. Yes, sir. Q. I will ask you if the same mill that makes that plate paper does not also make the book paper -A. Yes, sir. Q. Your mill makes the book paper like that, as well as plate paper like that?—A. Yes, sir. Q. What difference is there between that paper upon which the Democratic ticket is printed, and the paper upon which the Republican ticket is printed?—A. One is what we call common 2 book, and the other is what we call extra fine plate paper; that is the only way I can answer that. Q. Extra fine plate ?-A. Western plate; yes, sir. Q. Are not both papers made the same way?-A. No, sir. Q. Are they not made the same way except as to the finish?-A. No, sir. Q. What is the difference?—A. On the plate paper we take more time to beat it up. It takes 6 or 8 hours more beating, and we are more particular in making the paper, where with the other grade of paper we let it run just as it will. We watch this plate paper to see that each sheet is the same thickness, so that it will run in the lithographic press all right. With a printer it does not make so much difference. Q. You would have to observe the same rule in making book paper?—A. Yes, sir; we make a better grade of 2 book than that. We put in the same stock in one as the other, but we take ten hours more in beating the stock, and we take 6 to 8 hours longer in finishing the stock. By Mr. WILSON: Q. Is there any other mill than yours that manufactures this lithographic plate and print paper-book paper, I mean-any other mill than yours in the United States that manufactures both kinds, that you know of?-A. Yes, sir; they pretend to make it. They do not make much of a success of it. Q. Do you know of any mill that manufactures plate paper that also manufactures print paper?-A. No, sir. Q. Does your mill?-A. No, sir. Q. Mr. Peelle asked you if this material, upon which the Republican ticket was printed, was not paper, and you said it was. If a white card-board, a quarter of an inch thick, were shown you, and you were asked what it was, what would be your answer? Would you call it paper, or would you not, in the sense in which Mr. Peelle asked the question as to this lithographic plate?-A. If a man would hand me cardboard, I would say it was card-board. Q. Would it not be paper?-A. It is made out of about the same material. By Mr. PEELLE : Q. You would not call it white paper in the trade, if it was card-board?-A. No, sir; you take the same material that makes fine writing paper, and that makes cardboard. Q. You would not call card-board, if it is white, plain white paper. You would call it card-board.-A. Yes, sir. By Mr. WILSON: Q. In the same sense in which yon answer that question, you would call this lithographic plate, paper, if it was plain white lithographic plate, wouldn't you?—A. Yes, sir. By Mr. PEELLE: Q. I will ask you if pasteboard is ever called paper in the trade?-A. Pasteboard and card-board are different things. sir. Q. I mean card-board?-A. No, sir. Q. Plate paper is ?-A. No, sir. Q. Or book paper?—A. If a man asks for card-board, we would give him card-board, Q. He would not say card-board paper, he would simply say card-board?—A. Yes, Q. And book paper, book paper?—A. Yes, sir. By Mr. WILSON: Q. When they call for lithographic plate, do they call for lithographic-plate paper usually, or lithographic plate?-A. If I would go into Mr. Burfords-he is in the paper business he would say he wanted book paper, and I would show him book paper, and he might say he simply wanted S. & S. C. paper. He might not say book paper at all. Q. Do you call lithographic plate in your business, lithographic plate; what is the technical name for it? Don't they call for lithographic plate when they ask for that paper?-A. Generally, I should say. I think our catalogue reads on that kind of paper, if I am not mistaken, Woodsdale paper. It is made at the Woodsdale Mill. I think the catalogue reads, "Woodsdale plate." But on another line, for instance, Tardsdale & Hollingsworth make for business cards, &c, we call that plate paper. We might just say Woodsdale plate. I am not sure. sir. Q. Do you say you did sell the Journal Company here lithographic plate?—A. Yes, Q. How did you invoice it to them when you sold it to them?-A. If we sold it to them, I would say so and so many reams of Woodsdale plate. F. M. WRIGHT, being first duly sworn, testified as follows: Direct examination by Mr. WILSON, attorney for Mr. English: C. B. WING. Q. State your name, age, and residence.-A. Francis M. Wright; age, 36; I live in Indianapolis. Q. How long have you lived in this city ?—A. I have lived in this city about thirty years. Q. Were you in the city of Indianapolis on the seventh day of November, 1882, the day of the Congressional election ?—A. Yes, sir; I was. Q. Were you interested in that election -A. I was a candidate for prosecuting attorney on the Democratic ticket at that time. Q. Did you attend the election?—A. I did. Q. How many precincts, if you recollect, did you go to ?—A. I would say, fifty. Q. You went to a number of precincts -A. Yes, sir. Q. I will call your attention now to the ticket marked Exhibit B to the deposition of Mr. DeVay, and headed "Republican ticket," and I will ask you if that was voted and used that day by the Republicans.-A. Yes, sir; this is a ticket similar to the one that was voted that day. Q. Is it on material of the same kind ?-A. About the same material. Q. I call your attention to the ticket headed "Democratic ticket," and marked Exhibit C to the deposition of Mr. DeVay, and I will ask you if that was the ticket used by the Democrats on that day.-A. Yes, sir. Q. If you observed that day, I will ask you could you distinguish that Republican ticket from the Democratic ticket, both being folded with the names inside, as they were voted; could you distinguish one from the other? (Objected to as a conclusion of law.) Q. Could you tell one from the other? (Objected to as leading.) A. Yes, sir. Q. How could you do it ?—A. I have some of these Republican tickets and Democratic tickets at my office that have not been folded and when a voter would come to get hold of the ticket this way [indicating] and grab it up, it would swell out and extend out in a different manner from the Democratic ticket, and when a man would hold it by the end you could see, for instance, that it was not the Democratic ticket. You will notice that they don't "flop" out like the other, and the tickets being clean when they were being folded this way, the letters on the Democratic ticket would show through the back and you could read it from the back, and it would show through one paper and did not show through the other. Mr. PEELLE. What do you mean by the other? Q. Were there any persons that would have voted differently if the Republican ticket had been on different material or material similar to the Democratic ticket!— A. I would have to answer that question this way: That in the morning about ten o'clock or half past ten I was at one of the precincts in the thirteenth ward and there was a colored man there challenging in behalf of the Republicans, and there were two police officers standing close by. This colored man challenged a man that I was informed by very reliable parties there was a Democrat, and there was not anybody there, no Democrat, to swear in the vote, and after he came away from the polls, as he stepped to one side, I saw his ticket, and he had a Democratic ticket, and there were two or three other parties who had the Democratic ticket in their hands that after this intimidation by the man challenging him-I say intimidation because immediately after he was challenged and good Democrats had vouched for his having a residence in that precinct, that these policemen came up and took the part of this colored man and then other men there, two or three of them, I am not positive which it was-and he turned away and Mr. English sat in his buggy right at the street at that time, within forty steps of where I was at the polls. Q. I will call your attention to the Republican ticket marked Exhibit F to the deposition of Austin H. Brown, and also I call your attention to the ticket marked Exhibit G to the deposition of Austin H. Brown, headed "Democratic ticket," and I will ask you now, from the outside of the ticket as to the heading of the Republican ticket, can you see the name through; can you see any distinguishing mark through there! (Objected to as leading.) A. Yes, sir; and I can tell that ticket for Mr. English holding it up there; I can read that from the back as you hold it with the light that way. Q. Cannot you do that as easily with the Republican ticket as with the Democratic ticket -A. Yes, sir; and I can distinguish the two from the backs, and tell them immediately without looking at the head, although the head distinguishes it right away, where it says "Republican ticket" and "Democratic ticket." Cross-examination by Mr. PEELLE: Q. What is your politics?-A. I am a Democrat. Q. Did you have any bet on the result of the Congressional election ?—A. I did not. Q. You say that Democratic ticket, when folded, the type shows through ?-A. No, sir; I did not say that. Q. You could see the impress of the type through?-A. Yes, sir. I cannot see the pressure of the type through, but I can read them. I cannot see the pressure of the type on that Democratic ticket, but I can distinguish the tickets apart by seeing their backs as tickets are handed out by parties. Q. Do you know of anybody who would have voted differently had the Republican ticket been on the same kind of paper that the Democratic ticket was printed on?— A. I cannot say as to that, one way or the other. Q. Do you know of anybody who was misled or deceived in voting, in consequence of the Republican ticket being on the kind of paper it was?-A. No, sir. Q. You were candidate for prosecuting attorney on the Democratic ticket?-A. Yes, sir. Q. And when you spoke about going to fifty precincts; you drove around in a buggy, did you?-A. Yes, sir. Q. Who was with you that day?-A. I don't recollect. I think there must have been several parties at different times. I don't just recollect the names of any one. Q. And you went to fifty of the fifty-six precincts in the city that day?—A. I think I went to all of them but two or three. I started early in the day. CHRISTIAN BRINK, being first duly sworn, testified as follows: F. M. WRIGHT. Direct examination by Mr. WILSON, attorney for Mr. English : Q. Your name, age, and residence.-A. Christian Brink; 39 years old; residence, 351 South Pennsylvania st., Indianapolis. Q. How long have you lived in Indiana?-A. Since 1861. Q. Were you in the city of Indianapolis on the day of the Congressional election, November 7th, 18821-A. I was. Q. Did you attend that election?-A. I did. Q. Did you see the tickets voted there by the Democrats and Republicans-A. Yes, sir. Q. I call your attention to this ticket marked Exhibit F to the deposition of Austin H. Brown, and headed "Republican ticket," and I will ask you if that is the ticket voted by the Republicans at your precinct.-A. I think that is the same ticket. Q. I call your attention to the ticket marked Exhibit G to the deposition of Austin H. Brown, and headed "Democratic ticket," and I will ask you if that is the ticket voted by the Democrats.-A. Yes, sir; that is the same. Q. Which precinct were you at?-A. 1st precinct, 24th ward. Q. You voted, did you?-A. Yes, sir. Q. Did you stay around the polls any-A. Some. Q. Could you tell that Republican ticket from the Democratic ticket there that day, as they were being voted folded up and put in the box?—A. Yes, sir; I think I could. Yes, I could tell the difference. Q. You could tell the difference in the size of it and the thickness?-A. They all noticed it. Q. What effect would the use of the Republican ticket have upon the secrecy of the ballot? Was it impaired by it? (Objected to as a conclusion of law.) A. I should judge so. Q. Did the use of that Republican ticket on that day at your precinct prevent any one who might be wanting to vote the Democratic from so voting! (Objected to as leading.) Q. Do you know of it having that effect, or did it have that effect, if you know, at that precinct or anywhere else?-A. I could tell a little experience I had on that day. Q. Answer the question in general terms.-A. I do not know whether it did exactly, but I know the way others judged. I know a party that promised me to vote the Democratic ticket, and asked me to paste the Democratic names on the Republican ticket so that it would leave others under the impression that he was voting the Republican ticket, and he thought they could tell the difference in the tickets, and he was accused of voting the Republican ticket when he had promised some one, and when he was going to vote the Democratic ticket, and it was really a ticket of the Republicans that had the Democratic names on it, and I wrote it and fixed it up for him. Q. Do you know what the politics of that party was -A. He generally votes the Republican ticket. Cross-examination by Mr. PEELLE: Q. You are a Democrat?-A. Yes, sir; I am. Q. Do you know of anybody who was misled or deceived in voting in consequence of the Republican ticket being printed on the kind of paper it was?-A. You mean myself? Q. Yes, sir; deceived in voting in consequence of the Republican ticket being on the kind of paper it was?-A. Not individually deceived, but they deceived others. I would answer that so far as the same case I stated. He was accused afterwards of voting the Republican ticket when he had promised to vote the Democratic ticket. I would name the party but I would not like to. Q. (Question repeated.)-A. No, I think not. I can state in my answer that I think anybody can tell the difference. Q. Do you know of anybody who would have voted differently had the Republican ticket been printed on the same kind of paper that the Democratic ticket was printed on -A. No, sir. Q. Even the man that you refer to as having pasted Democratic names on the Republican ticket had theretofore voted the Republican ticket ?-A. That used to be his ticket. J. J. BINGHAM, being first duly sworn, testified as follows: CHRISTIAN BRINK. Direct examination by Mr. WILSON, att'y for Mr. English: 2. State your name, age, and residence.-A. Joseph J. Bingham; residence, 148 West Maryland st., Indianapolis. Q. How long have you lived in this State?-A. About 40 years. Q. nave you held any official position?-A. Yes, sir; I was public printer once a few years ago, and I am deputy auditor of state now. Q. Were you in the city of Indianapolis on the 7th day of November, 1882, the day of the Congressional election -A. Yes, sir; I think I was. Q. At what precinct did you vote -A. In the 16th ward at the 1st precinct. |