ets, so printed and circulated, as aforesaid, and for the unfair purpose aforesaid, I lost at least 50 votes that would otherwise have been given to me and counted. 12. I allege and will prove that the ballot-box in the 2d precinet of the 12th ward in the city of Indianapolis, in said district, together with the certificate of returns and tally-sheet, and the ballots received and counted at said precinct, and which were all enclosed in said box, was taken to the office of the Democratic township trustee of Center Township, in Marion County, and that the said box and contents disappeared or was removed from said office in an unlawful manner, and has never since been heard of, to my knowledge, and was conveyed to said office through some influence and in some manner unknown to me, and that at said precinct there were 291 ballots received and counted for me, and only 192 ballots received and counted for you, and that the disappearance, loss, or removal of said ballot box aforesaid was caused by some person unknown to me, but was for the corrupt and unlawful purpose of preventing the canvass of said vote so certified, as aforesaid, by the county board of canvassers of said county; and I further allege and will prove that at the time the removal or loss of said ballot-box became known it was also known that there had probably been received and counted for me in said district about 100 more votes than you had received. 13. I further allege and will prove that there were received and counted for you in the several election precincts in Marion County 12,300 void and illegal ballots, for the reason that said ballots were not “printed on plain white paper of a uniform width of three (3) inches, without any distinguishing marks or other embellishments," as required by law, but was, in fact, of a greater width than three (3) inches, to wit., of the width of three and one-half (34) inches, and because said ballots contained distinguishing marks in this, to wit, said ballots were printed on paper so thin and porous that the names and heading thereon could easily be seen through and on the backs thereof. 14. I further allege and will prove that the ballots received and counted for you by the election board in the several election precincts in Hancock County, in said district, were not "printed on plain white paper of a uniform width of three (3) inches, without any distinguishing marks or other embellishments," as required by law, but was, in fact, of a less width than three (3) inches, to wit, of the width of two and onehalf (24)inches, and that said ballots so received and counted contained distinguishing marks, as I am informed, but the particular kind of distinguishing marks is now unknown to me. Wherever the allegations contained in the counter-charges hereof are so general and indefinite as not to inform you of the grounds upon which I rely to defeat your contest, I expressly reserve the right to amend such counter-charges at any time before the completion of taking the testimony in said case, as authorized by law and the practice in such cases. Wherefore, and by reason of the matters and things among others set forth, I aver that at the said election in said district, at the time aforesaid, I was duly and legally elected a Representative to the Forty-eighth Congress of the United States from the seventh Congressional district of the State of Indiana, that the governor of said State duly issued to me a certificate thereof, as by law he was required to do. Respectfully, December 30, 1882. STANTON J. PEELLE. I, William E. English, contestant in the foregoing entitled election contest, hereby accept service of notice of the above and foregoing answer to my notice of contest, and hereby acknowledge that a copy of said answer was left with me this 4th day of January, A. D. 1883, all of which I accept without waiving any objection thereto. WILLIAM E. ENGLISH. Exhibit No.3 to the deposition of William H. English.—Paul C. Hendricks, Notary Public. Contested election for a seat in the 48th Congress from the 7th Congressional district of Indiana. WILLIAM E. ENGLISH 08. STANTON J. PEELLE. Whereas in this case it would be inconvenient for the said Stanton J. Peelle, the contestee, to attend to the taking of testimony until after the adjournment of the present session of Congress, he being a member thereof, and he having requested a postponement of the taking of testimony in this case, the said William E. English, the contestor, and the said Stanton J. Peelle, the contestee, have mutually agreed, and do hereby mutually agree, that the time for taking the testimony in this case shall be postponed to the first day of next September, when the said contestor shall take his evidence within forty days from that date, and the said contestee his evidence in the next forty days thereafter, and the said contestor his evidence in rebuttal in the next ten days thereafter, so that the whole shall be taken within ninety days from said first day of next September, instead of within ninety days from the time of serving the answer of the contestee, as provided by the act of Congress, each of said parties hereby waiving the taking of evidence within said last-mentioned period, and agreeing that no objection shall be made or advantage taken because of not taking evidence within that period, and hereby agreeing that the same may be taken within ninety days from said first of September, 1883, in the same manner and shall have the same effect as if the same had been taken within ninety days from the time of service of said contestee's answer. Witness our hands this 20th day of January, 1883. STANTON J. PEELLE. Exhibit No. 4 to the deposition of William H. English.—Paul C. Hendricks, Notary Public. Seventh Congressional district of Indiana. WILLIAM E. ENGLISH, CONTESTANT, v. STANTON J. PEELLE, CONTESTEE. It is mutually agreed by and between the contestant and the contestee above named that, for the mutual convenience of both parties, the time for the taking of testimony in said case shall be ninety days from the 10th day of September, 1883, and that the said contestant shall have until October 20th, 1883, within which to take his testimony in chief, and the said contestee shall have forty days from said Oct. 20th, 1883, within which to take his testimony, or so much thereof as he may require: Provided, That if the said contestee consumes less time than forty days in taking his testimony, then, and in that case, the said contestant hereby agrees to commence at once to take testimony in rebuttal, consuming the ten days allowed him by law therefor, so as not to take time beyond the assembling of the Forty-eighth Congress; and it is further mutually agreed that the depositions to be taken shall be taken before notaries public. WILLIAM E. ENGLISH. Exhibit No. 5 to deposition of William H. English.-Paul C. Hendricks, Notary Public. UNITED STATES OF AMERICA, State of Indiana, Marion County: In the matter of the contested election for a seat in the 48th Congress of the United States from the 7th Congressional district of the State of Indiana. WILLIAM E. ENGLISH, CONTESTOR, 18. STANTON J. PEELLE, CONTESTEE. TO WILLIAM E. ENGLISH: You are hereby notified that in the above entitled cause and contest that on the seventh day of November, 1883, beginning at 9 o'clock a. m of said day, before Paul C. Hendricks, a notary public within and for the county of Marion aforesaid, and at room No. 17, Bates block, on North Pennsylvania street, in the city of Indianapolis, Indiana, the said Stanton J. Peelle, the contestee in said cause, will proceed to take the depositions of the following-named witnesses, whose places of residence are set opposite to their respective names, to wit: William Wallace, No. 342 Home avenue.... Theodore P. Haughey, No. 237 N. Meridian st N. S. Byram, No. 956 N. Illinois st James T. Layman, No. 545 N. Alabama st. E. C. Divine, No. 596 N. Alabama st Indianapolis, Indiana. M. M. Reynolds, No. 108 Brookside ave. Wade Ritter, No. 524 E. Eighth st Marcus L. Brown, No. 371 N. Mississippi st. H. C. Buddenbaum, 396 E. Ohio.. B. W. Cole, No. 144 E. New York John Reynolds, No. 287 N. Alabama. John Drake, cor. Mich. and Hiawatha. Adam Scott, No. 136 W. Maryland. John Montieth, No. 127 S. East st John T. Pressley, No. 119 S. East st G. C. Krug, No. 67 S. Noble st Dr. S. L. Ferree, No. 715 E. Washington st Edgar Brundage, 225 English avenue. Levi Bowser, No. 67 Woodlawn avenue. Isaiah C. Crane, No. 101 Dougherty st Johnston Wallace, No. 199 W. Merrill st 66 City Indianapolis, Indiana L. M. Johnson, No. third ward.. Lee Morris, No. 35 Center st Wm. Petty, No. 391 Indiana ave Marian Wilson, No. 367 N. California.. James L. Fletcher, No. 344 N. Tennessee st E. A. Brown, No. 502 N. Alabama st W. H. Martz, No. 189 N. Noble st. C. B. Feibleman, No. 127 N. Noble st J. L. Mathershead, No. 153 E. Ohio st G. S. Wright, 275 N. Delaware st Thomas I. Heiskell, cor. Penn. and Vermont W. H. Morrison, 267 N. Mississippi st. M. F. Connett, No. 252 Bright st Nelson Hooven, 311 W. Washington E. F. Cullen, 57 W. Maryland st. Wm. Russell, 123 W. South st James Sulgrove, 125 W. South st Ed. Conway, 271 S. Delaware st Jacob Scholl, 25 S. Alabama st. August Schultz, 30 Yeizer st Charles Hasley, 494 S. New Jersey st W. H. Irwin, Tenth ward Silas Harvey, 305 E. New York st H. Hutchins, 526 E. Market st H. C. Zimmerman, 105 Davidson st Z. K. McCormick, No. 142 Davidson st. M. S. Huey, No. 66 Oak st |