States deputy marshals, and others, working in the interests of said Stanton J. Peelle at said election, and that by reason of said wrongful and unlawful threats, menaces, and intimidations used in behalf of said Peelle by his supporters at said election, a large number of voters, to wit, 200 votes, were at said election, in said precincts, cast for said Peelle by the electors so threatened, menaced, and intimidated, which votes would have been cast and counted for this contestor but for such threats and menaces; and 200 other legal voters were deterred from voting for this contestor by reason of said threats, menaces, and intimidations, and did not, by reason thereof, vote at all. That Republican officials or others, working in the interest of said Stanton J. Peelle, took from the Marion County jail and the station houses of the city of Indianapolis 100 prisoners, and caused them to vote 100 ballots for said Stanton J. Peelle for Congress at said election, the said 100 persons so voting not being qualified voters, or voting for said Peelle because of the threats, intimidations, and undue influences of said Republican officials or others.

That Republican officials or others working in the interest of said Stanton J. Peelle took fifty-seven paupers out of the Marion County poor-house, and by threats, intimidation, and undue influence caused them to vote for the said Stanton J. Peelle for Congress at said election, which they would not have done but for the wrongful acts of said Republican officials or others.

The Republican officials or others working in the interest of said Stanton J. Peelle took thirty-five persons out of the city hospital of said city of Indianapolis, and by threats, intimidations and undue influence caused them to vote for said Peelle for Congress at said election, which they would not have done but for the wrongful acts aforesaid.

That persons working in the interest of Stanton J. Peelle imported persons into said district who were not entitled to vote therein, but who voted at said election for said Peelle to the number of 200 ballots, which ballots were wrongfully counted for said Peelle, and 100 other persons voted for said Peelle in election precincts in said district in which they were not entitled to vote, and such votes were wrongfully counted for said Peelle.

That said election was wrongfully interfered with by Republican officials of the United States Government, who, under the pay of the General Government, came from Washington city and elsewhere in large numbers, to wit, the number of 100, to control and overawe the lawful electors of said district to elect the said Stanton J. Peelle; and to further that end a large fund was raised by assessments upon Federal officeholders by J. A. Hubbell's committee, and by other parties, and brought into said district by the said Stanton J. Peelle, or his agents or supporters, and was, with other moneys, unlawfully and corruptly used to promote the election of the said Stanton J. Peelle, whereby he received 500 more votes than he would have received but for such corrupt and wrongful interference.

That in several of the election precincts in said district, ballots that were for this contestor for Congress, or intended by the person voting to be for him, were wrongfully rejected and not counted for him because they contained the wrong middle initial letter of his name, and for other insufficient causes, and in several precincts the return made is not a true and correct return of the legal ballots voted at such precincts.

Wherefore, this contestor alleges that said Stanton J. Peelle was not, but that the said William E. English was, duly and lawfully elected Representative in Congress from said district at the election aforesaid.

November 29, 1882.

WILLIAM E. ENGLISH.

Exhibit No. 2 to the deposition of William H. English.—Paul C. Hendricks, Notary Public

SIR: Your notice of intention to contest my election to the Forty-eighth Congress of the United States from the seventh Congressional district of the State of Indiana, as the result of an election held in said State on the seventh day of November, A. D. 1882, was received by me on the seventh day of December, A. D. 1882, and service thereof accepted by me on that date without waiving any objection thereto; and now reserving all benefit and advantage thereof, I make the following objections to your notice and the allegations contained therein, that is to say—

First. I object to your notice because the same does not contain a statement in writing of the grounds upon which you rely in the contest, and for the further reason that said notice was not duly and legally served, or within the time or in the manner required by law and the practice in such cases.

Second. Protesting against the truth of the allegations in said notice, I object, and say that said notice is so insufficient and defective and so general in its terms that I need not deny or admit the allegations therefor, for the reasons, to wit: Said notice does not specify particularly the grounds upon which you rely in your contest or intend to rely, and gives no reasons for your failing to do so.

Third. Your allegations are only conclusive of law and general averments of wrongdoing in some undefined portions of the said district by unnamed election officials of precincts not specified, or by persons not named or described, and in counties, and in places, and by means not specified, and in violation of laws and the rights of others not designated.

Fourth. Your allegations are so vague and uncertain that I am not informed as to the persons or officials whom you accuse of wrong-doing, and of violating law, and of intimidating electors in said district by threats and menaces, or where such acts were committed; nor do you aver wherein the official returns, legally made by the election boards of the several election precincts in said district, show that you received a greater number of legal votes in said district than I received; nor do you show what distinguishing marks, complained of by you, were on the tickets or ballots voted for me at the several election precincts in the city of Indianapolis in said district, or wherein said tickets destroyed, as you allege, the secrecy of the ballot, or the names of the persons who were deceived or misled thereby; nor do you aver and set forth the names of the electors in said district who were refused the legal right to vote, or the places where such persons were refused; nor do you allege and set forth the names of the persons whom you aver circulated spurious or counterfeit tickets with my name printed thereon, or the names of those whom you allege were deceived or misled thereby, or that such tickets were unlawful; nor do you aver that said tickets were not printed and circulated by you or your supporters among your party friends only, to my detriment and to promote your election; nor do you set forth the names of the electors of said district whom, you aver, were prevented from voting by threats and menaces, or the names of those committing such acts, or the places where such acts were committed, or that such names and places were unknown to you; nor do you set forth the names of those confined in the Marion County jail, the city hospital, and station houses of the city of Indianapolis, and in the poor-house of said county, whom, you aver, were taken out by Republican officials and influenced to vote for me, by threats and menaces; nor do you allege the names of the officials or persons making such threats, or the places where made, or that such inmates were not legal voters in said district; nor do you set forth the names of those persons who voted at said election whom, you aver, were not legal voters, or the places where such persons voted; nor do you set forth the names of the persons by whom yon allege money was corruptly and unlawfully used in said district to promote my election to Congress, or the places where such acts were committed, or that the result of the election was thereby changed; nor do you allege that the persons and officials whom you accuse generally of wrong-doing, and the places where such acts were committed, were unknown to you, or that such wrong-doings and unlawful acts, so complained of, were not instigated by you or your supporters, or that such acts were known to or acquiesced in by me, or that the result of the election was changed by reason of the matters set forth in your notice.

Fifth. I object and except to your specifications of grounds of contest, because the same are unsufficient in law, and do not set forth facts sufficient, or of such character, as to enable or entitle you to contest my election aforesaid.

Sixth. I further object to your notice, and the vague and general allegations therein, because of the wholesale charges and averments of all kinds of crime and wrong-doing therein made, without specifications of persons or places, not because you had reason to believe that any one of them had been committed to your injury and to promote my election, but with the deliberate purpose to evade the limitation of the statute, and to speculate upon any future discoveries of evidence, real or intended, and so you have made unlawful, vexatious, and fraudulent use of the notice and process authorized by statute, and the same should be quashed and dismissed, for which I shall move at each stage of the progress in this case. Therefore, without waiving any objection to the manifold and vital defects of said notice, or my exceptions aforesaid, but reserving all benefit and advantage thereof, I make answer and say:

1. I deny each and every ground of contest set forth in said notice and deny each and every allegation contained therein; and aver that throughout said Congressional district, and in each any every precinct and county thereof, a fair and lawful election was held, except wherein you and your supporters prevented the same as hereinafter shown, and that the returns of said election were duly and legally made, and the results thereof duly certified to the secretary of State in said state, in the manner, and

by the officers, required by law so to do; and now for a more particular answer to your vague, uncertain, defective, and general allegations, and without waiving my objections and exceptions aforesaid, but reserving all benefit thereof, I say:

1. I deny that the official returns, legally made by the election boards of the several precincts of said district, show that you received a greater number of legal votes at said election than I received, or that there were a greater number of legal votes received and counted for you than were received and counted for me; upon the contrary, I aver, and will prove, that said returns, so made as aforesaid, show that I received a greater number of legal votes at said election for Representative in Congress than you received, to wit, eighty-seven votes more than you received, and therefore I deny that the claim, as you aver, that I received a plurality of eighty-seven votes in said district is incorrect; upon the contrary I aver that said claim is correct.

2. I deny that there were 12,551 illegal and void ballots, or any other number, more or less, of such ballots, received and counted for me in the city of Indianapolis, or elsewhere, in said district, that were in violation of section-4701 of the revised statutes of 1881, cited by you in your said notice, or that were in violation of any law; upon the contrary, I aver that said ballots so received and counted were in all respects as required by said section of the said statutes.

3. I deny that there were 12,551 ballots, or any other number of ballots, received and counted for me in said city of Indianapolis, or elsewhere in said district, that were not printed on plain white paper, without any distinguishing marks or other embellishments. And I deny that said ballots so received and counted for me, as aforesaid, were designed for the purpose, or that they, in fact, did deceive or mislead any person; or that such ballots were printed ou card-board paper or any other kind of paper except that required by law; or that such tickets were commonly called "spring-back tickets; or that said tickets so voted in any way destroyed the secrecy of the ballot; or that said ballots facilitated double voting; or that more than one ballot was voted by any one person; or that there were more ballots counted than there were persons voting; or that there were 100 more ballots voted than there were persons voting; or that such tickets promoted or tended to promote fraud; or that such ballots were in any way in violation of law; or that such ballots, or any number of such ballots, were illegally received or counted for me; or that any legal voter was deceived or thereby prevented from voting for you. And I deny that your name could not be securely placed over my name on said ticket; or that you lost 100 legal voters, or any other number of legal voters, therefor. Upon the contrary, I allege and will prove, that said ballots so received and counted for me were in all respects according to law, the same having been "printed on plain white paper of a uniform width of three (3) inches without any distinguishing marks or other embellishments,” except thʊse in common use in printing.

4. I deny that Republican inspectors at said election refused to receive the votes of 200 qualified voters, or any number of qualified voters of said district, who presented legal ballots containing your name for Representative in Congress, or that you lost any legal vote or votes thereby. Upon the contrary, I allege, and will prove, that all qualified voters in said district who presented legal ballots in the precincts where they were entitled to vote were permitted to vote and that the ballots of all such persons were received and counted by the Republican inspectors in said district for whomsoever voted.

5. I deny that in all or in any of the election precincts in said district my agents or supporters circulated spurious or fraudulent tickets, in exact similitude of the Democratic ticket except that my name was printed therein instead of yours; or that any qualified voter was deceived or misled thereby; or that 300 electors, or any other number of electors in said district, by reason thereof, voted for me who intended to vote for you, or that thereby any qualified elector in said district voted for me who actually supposed he had voted for you, or that you lost any legal votes thereby, or that any such tickets were voted at all in said district; upon the contrary, I allege, and will prove, that in Hancock County in said district there were a large number of Democratic voters, to wit, three hundred, who desired to vote for me, but who were unwilling to vote for any other Republican candidate, and that such friendly Democrats of their own motion and at their own expense, without my knowledge, procured printed the tickets of which you complain, and circulated them for several days prior to and on the day of election, and that the circulation of such tickets, both before and on the day of the election, was well known, and particularly to all electors in said district who voted such tickets.

6. I deny that 200 qualified electors or any other number of electors in the city of Indianapolis, or elsewhere in said district, who desired and intended to vote for you were deterred or prevented therefrom because of threats and menace by Republican policemen, deputy United States marshals, or any other person or official, or that 200 qualified electors in said district, or any other number of qualified electors in any part of said district, refrained or refused to vote because of threats and menaces, as alleged by you in your notice, or that any threats or menaces were made in said dis

trict at any precinct thereof, by any Republican official or other person in my interest, or that deputy United States marshals were appointed in said district on account of said election, or that any deputy United States marshal in any way interferred with said election or any qualified voter in said district or any part thereof; upon the contrary, I allege and will prove that in said district, and in each and every precinct thereof, a fair election was held, and that no qualified elector thereof was deterred or prevented from voting for you by any official or other person, or by any threats, menaces, or other means.

7. I deny that Republican officials or others working in my interest took from the Marion County jail and the station-houses in the city of Indianapolis 100 prisoners, or any other number of such prisoners, and caused them to vote for me by reason of threats and menaces, or by any other undue influences, or that such prisoners were not legal voters, or that fifty-seven paupers or any other number of paupers were taken out of the Marion County poor-house by Republican officials or other persons and unlawfully voted for me for Congress, or that such paupers were not legal voters, or that thereby 35 persons or any other number of persons were taken out of the city hospital of the city of Indianapolis by Republican officials or others and unlawfully influenced to vote for me for Congress, or that such persons were not legal voters.

8. I deny that persons working in my interest imported 200 persons, or any other number of persons, into said district who were not entitled to vote therein, or that any such persons voted for me for Congress, and I deny that 100 other persons, or any other number of persons, voted for me in said district for Congress at election precinets in which they were not entitled to vote, or that any such votes were received and counted for ine.

9. I deny that the election in said district was in any way unlawfully interfered with by 100 Republican officials of the United States Government, or any other number of such officials or other persons, or that such officials exercised any unlawful control over said election, or that they attempted to overawe the lawful electors of said district to secure my election, or for any other purpose.

10. I deny that any money or fund was raised by assessment or otherwise upon Federal office-holders by "J. A. Hubbell's committee," or by any other committee, or by any person, for unlawful use in said district, or that any money was unlawfully or corruptly used in said district by such officials or other persons to promote my election, or that 500 more votes or any number of votes more were received by me in said district because of corrupt or unlawful interference or because of corrupt and unlawful use of money, or that there was any corrupt or unlawful use of money on the part of any one working in my interest in said district. Upon the contrary, I allege, and will prove, that you, by your agents, supporters, and friends, used large sums of money in each and every precinct and county in said district, to wit, the sum of $25,000 in said district unlawfully and corruptly, and with the avowed purpose of promoting your election to Congress, and which money so unlawfully and corruptly used did, in fact, secure you 1,000 votes you would not otherwise have received, and which votes, but for such unlawful and corrupt use of said money, would have been lawfully received and counted for me.

11. I deny that any ballots were rejected at any election precinct in said district on account of the middle initial letter of your name being wrong, or that the electors, if any who voted such tickets, intended to vote for you for Congress, or that such tickets, or any other tickets containing your name for Congress were unlawfully rejected at any precinct in said district, or that the returns made from the several election precincts in said district are not true and correct returns as made of the legal ballots voted in said district at said election, or that said returns are in any way unlawful. And now, by way of counter-charges, I allege and will prove :

1. That you fell behind your party ticket at the said election in each and every county in the said Congressional district for the following among other reasons: (1) Because of the general belief-whether true or not-that you possess large wealth and that you can command large sums of money and are indifferent about its use to further or promote your ends; (2) coupled with this general belief was the further belief-whether true or not— upon the part of many, if not general, that you secured your nomination as a candidate for Congress in said district by the corrupt and unlawful use of money, and that you defrayed the expenses of a special train to convey the delegates selected in Marion County to represent that county in the convention which nominated you in Shelbyville, and that at said convention, as well as going to and returning therefrom, much dissipation was indulged in, which was or became well known to the electors of said district to your unpopularity and injury; and for the further reason that while making your canvass in Shelby County as such candi date you habitually associated and mingled with what was known in said county as ringsters and ring candidates, and that large crowds would accompany you in said county when you were making said canvass, who indulged in much dissipation, all of which was well known and believed in said county to your political injury.

2. I allege and will prove that the ballots voted for you in each and every precinct

in Shelby County, in said district, and which ballots were the only ballots received and counted for you in said county, were not in accordance with law, the same not being "printed on plain white paper of a uniform width of three (3) inches, without any distinguishing marks or other embellishments," but was in fact a less width than three inches, to wit, two and a half (24) inches in width, and that said ballots so received and counted for you contained distinguishing marks not in common use in printing, but were designed for the purpose and did in fact deceive and mislead the electors in said county and did destroy the secrecy of the ballot, in violation of the constitution and laws of said State.

3. I allege and will prove that at least one hundred persons voted for you at the several precincts in Shelby County who had not been citizens and residents thereof for six months prior thereto, as by the constitution and laws of said State required. 4. I further allege and will prove that at least 100 persons voted for you, whose ballots were counted in the several precincts of Shelby County, who had not resided in the township where they voted respectively for sixty days prior thereto, and that at least 100 more persons voted for you, whose ballots were counted in the said precincts, who had not resided in the precincts where they voted respectively for thirty days prior to said election, as required by the constitution and laws of said State; and that at least 100 more persons voted for you in said precincts in Shelby County, whose ballots were counted, that were not of lawful age, being under the age of twenty-one years.

5. I further allege and will prove that in the east precinct of Shelby Township, in Shelby County, in said district, the election board did not comply with section 4712 of the revised statutes of 1881 of said State, by reason of which violation of law there were ninety-four votes unlawfully canvassed and counted for you by the county board of commissioners of said county that should not have been canvassed and counted.

6. I further allege and will prove that in the east precinct of Noble, in the west precinct of Hendricks, and in the south precinct of Liberty Township, in said Shelby County, section 4713 of the revised statutes of 1881 of said State was violated, by reason of which violation five hundred ballots were canvassed and counted for you that should not have been canvassed and counted by the county board of canvassers of said county.

7. I further allege and will prove that the returns and tally-sheet from Moral Township, in said Shelby County, were altered and changed by persons in your interest after the same had been returned to the county board of canvassers by the precinct inspector, to wit: Said tally-sheet was changed by changing the figure 7 to a 9, which change was made with the corrupt intent to defraud me out of 150 legal votes, received and counted for me by the precinct election board in said township, by deceiving the county board of canvassers of said county, and of thereby inducing them to reject the votes so received and counted for me in said township.

8. I allege and will prove that in each and every precinct in the several wards in the city of Indianapolis, in Marion County, Indiana, your agents and supporters used large sums of money corruptly and unlawfully to promote your election, and that by reason thereof at least 500 persons were induced to vote and did, in fact, vote for you that would not otherwise have voted for you, and which persons, but for said corrupt and unlawful use of money, as aforesaid, would have voted for me.

9. I allege and will prove that in Hancock County, in said district, 100 paupers in the county poor house of said county were taken out by Democratic officials, and by threats and menaces and by other unlawful influences were induced to vote for you, and that the ballots of such persons were received and counted for you at the several precincts in the city of Greenfield, and that such persons were not legal residents of the township or precinct where voted.

10. I allege and will prove that in each and every precinct of the several counties in said district your agents and supporters had large sums of money for the unlawful and corrupt purpose of influencing the qualified electors of said district to vote for you, and for the corrupt and unlawful purpose of securing the votes of persons not qualified to vote, all of which was well known to you, and that said corrupt and unlawful use of money, as aforesaid, did, in fact, secure you at least 1,000 votes in said district you would not otherwise have received, and which votes, but for said corrupt and unlawful use of money, would have been received and counted for me.

11. I allege and will prove that your agents and supporters caused to be printed and circulated in the city of Indianapolis, Indiana, spurious tickets-that is to say, tickets, as alleged by you, "in exact similitude of the Democratic ticket," except that on said spurious ticket my name was printed thereon instead of yours-which spurious tickets were printed and circulated by your agents and supporters in the several precincts in the said city among your own supporters and friends for the purpose of exhibition to my supporters and party friends for the unlawful and unfair purpose of prejudicing such persons against me, and to thereby prevent them from voting for me, as they otherwise would have done, and that by reason of such spurious tick