that I could nearly always generally tell the ticket. It has been too long ago to remember exactly about these two tickets. I could tell, taking them in my hands, that there was a difference in the feel of the ticket.

Q. Did I understand you to say that you did not attempt, on that day, to distinguish those tickets, or tell one from the other?-A. That was not my business at all to distinguish the ticket. I was simply there checking off the names. I did not make it

my business to look at a man's ticket as he comes up to deposit it.

Re-examination by Mr. PEELLE:

Q. You had your glasses on that day?-A. Yes, sir.

Q. And with your glasses on your eyesight is good?-A. It is, in reasonable dis

tance.

Q. In that distance it is very good, is it not?-A. Yes, sir; it is very good.

Q. I will ask you if, prior to the election of 1882, you were not able to distinguish the tickets on account of the difference in the width, and also as to the weight of the paper?

(Objected to as leading)

A. I could only give my impression now. I think I have been.

Recross-examination by Mr. WILSON:

Q. What election was that?-A. He said on previous elections.

Q. What previous elections could you so distinguish the ticket?-A. I suppose he said the elections since I voted in this town.

Q. Can you name what election it was that you could disti guish the ticket?-A. I remember the election; it was the election between Mr. Porter and Mr. Landers, and Mr. Garfield's election.

Q. How could you distinguish the tickets at that election?—A. I am just giving you my impression now; I cannot give you anything positively. There has always been an impression that there was a difference between the Democratic and Republican tickets, but it is simply an impression. It is an indistinct remembrance, I might say. Q. Can you give the grounds for that impression -A. No, sir; I cannot. Q. You cannot tell which was the thickest ticket at that election that you have referred to?-A. No; I cannot.

Q. Did you ever know election tickets to be on as heavy material before as that upon which the Republican ticket is printed, and shown to you; and, if so, at what election and by what party were the tickets used?-A. No; I could not answer that.

C. F. HOLLIDAY.

For Judges Superior Court-Term, 1882, Judges Superior Court, vacancies occur

WILLIAM WALLACE, being first duly sworn, testified as follows:

Direct examination by Mr. HINES, attorney for Mr. Peelle:

Q. State your name, age, residence, and occupation.-A. William Wallace; 58 years old; Indianapolis, Indiana; lawyer.

Q. How long have you resided in Indianapolis ?-A. Since September, 1837.

Q. I will ask you if you have, since you became of age, generally voted at the different elections in Indianapolis?-A. Yes, sir; all of them, I believe. I do not know of any that I have been absent.

64

Q. I wish you would examine the four tickets that I now present to you, one marked 'Republican ticket," and headed "National Candidates, James A. Garfield for President," and one marked "Republican ticket," "State ticket, for governor, Albert G. Porter," and one marked "Democratic ticket," headed "For governor, Franklin Landers," and one marked "Democratic ticket, for President, Winfield Scott Hancock," and I will ask you to state if you recognize those tickets as being such as were used at the several elections where those candidates were voted for.

(Mr. English objected to the question as incompetent, irrelevant, and immaterial.) A. Yes, sir. I take these tickets to be the tickets voted at the elections for which the names are given; the candidates for governor at the governor's election and at the Presidential election of 1880.

(The tickets were introduced in evidence as a part of the deposition of Mr. Wallace, and marked Exhibits C, D, E, and F, respectively.)

(Mr. English objected to the introduction of the same as incompetent and imma terial.)

Q. You may look at what is marked Republican ticket, Exhibit A, and Democratic ticket, Exhibit B, to the deposition of Mr. Holliday, and I will ask you if you recognize these as tickets that were voted at the election in 1882 ?-A. That kind of a ticket, yes, sir. There is no doubt about it.

Q. You may explain in your testimony, or describe in your testimony, the heading of the Democratic ticket marked Exhibit D-A. That ticket has the words "Democratic ticket" printed across the national flag. The flag and the words are diagonal— not at right angles.

Q. You will compare that ticket with the Republican ticket, marked as Exhibit C, that was voted the same year, as to any characteristics that strike your mind.-A. There are no distinguishing characteristics except the peculiar heading the Republican ticket has.

(Mr. English objected to the answer of the witness on the ground that the ticket will speak for itself.)

A. The printer could better tell what kind of type that was, than I can, only it is unusual type, but still it is plain type, but still unusual. I suppose there is a distinct name for it.

Q. And the Democratic ticket, abont in the center of it, where it reads "For sheriff, Daniel A. Lemon"; what would you call that

Mr. PEELLE. Scroll.

A. A printed scroll around the name of the governor, Franklin Landers, and a printed scroll

(Objected to as incompetent and immaterial.)

A. (Continued) in the middle of the ticket about the center of it around the name of Daniel A. Lemon for sheriff.

Q. What, if any, differences are there in the character and width of the paper used in the respective tickets?-A. That Democratic ticket is a little darker, but I do not know whether that would be a fair-that has been used.

Q. The Democratic ticket is a little wider, a quarter of an inch, is it not ?—A. I would call it a quarter of an inch wider—

(Objected to as incompetent and immaterial, for the reason that the ticket will speak for itself.)

A. (Continued) a little more than a quarter of an inch.

Q. And as to the character of the paper?-A. Well, the paper of the Republican ticket is a little smoother than the paper of the Democratic ticket. It seems to be a little whiter than the one presented in evidence. That may be attributed to the fact that one seems to have been handled a great deal more than the other.

Q. What difference is there, if any, in the thickness of the paper used?-A. There is not much difference in the thickness of the paper. This Republican ticket seems to be glazed or enameled a little, and the other does not. The Republican ticket is a purer white, as shown here, than the other. That is all. The Republican ticket may be a little thicker paper than this. I guess it is.

Q. As to the National tickets for the same year?-A. Well, there are no distinguishing marks at all. The paper is the same, but it is a quarter of an inch, at least. may be a little more, wider than the Republican ticket.

Q. When you say the paper is the same, what do you mean?-A. Did I say the paper was the same?

Q. Yes, sir.-A. I did not mean that, because they are not the same. They are, obviously, not the same. The Republican ticket has the peculiar type by which the ticket is designated at the top "Republican ticket." There is nothing unusual about it except the type. I cannot give the technical name for it. The Democratic ticket is fully a quarter of an inch wider than the Republican ticket, and an inch and a half longer.

Q. As to the thickness of the paper, you may describe that.-A. The Republican ticket is a thicker paper to the touch and to the feeling. I think that is obvious, and, as to these two shown, it is the whiter ticket, and not so dark as the Democratic ticket.

Q. I will ask you to take this ticked headed "Republican ticket,” voted for President in 1880, for James A. Garfield, and also the Republican ticket voted in the November, 1882, election, and state the difference, if you can, between the quality of the paper in the two tickets.

(Objected to as incompetent and immaterial for the reason that the ticket will speak for itself; and for the reason that the witness has not shown himself to be an expert.)

A. I think it is the identical paper.

Q. Is there any difference in the weight of the paper?-A. I should think not; it is as thick paper. This National ticket of 1880 has been used and is a little more pliable than this (?) which has, evidently, not been handled much.

Q. State if you were at the polls at the election in this city in 1882.-A. I was. Q. What precinct did you vote in, if you know ?-A. I voted at one of the precincts in the second ward in Indianapolis; the precinct in which I resided.

Q. State if, when that Republican ticket that you hold in your hand is folded, as ordinarily folded by the voters when they are going to the polls, it could be told from the Democratic ticket voted at that election, and which you now have in your hand and have identified in evidence.-A. I think not by sight; it could by feeling.

Q. State if you have been able to distinguish and tell the difference between the tickets at previous elections by the thickness of the paper, or the width of the tickets.

(Objected to as incompetent and immaterial.)

A. I could not testify about a matter which I have never thought anything about or took any notice of; I never paid any attention to it at all, consequently I could not testify.

Q. You have just examined that ticket voted for Franklin Landers for governor in 1880, and also the Republican ticket voted for Albert G. Porter in 1880; I will ask you to state, when those tickets are folded, whether or not you would be able to tell one ticket from the other in consequence of the width of the tickets.

(Objected to as incompetent and immaterial. )

A. I don't think I would have my attention called especially to that fact; if I was called to notice the difference it is very possible I might be able to do it, but just as they are ordinarily voted, or as I cast a vote, and as I notice votes being cast, I would not see any, and I don't now see any unless my attention was called to it. There is no difference between these two tickets.

Q. What ones do you mean?-A. The tickets cast at the election in 1882. Those tickets are clean, and have not been handled, and the mere color-the ordinary observer would not notice any distinguishing color to them. I could not see it.

Cross-examination by Mr. WILSON:

Q. When you referred to certain marks that you call distinguishing marks, scrolls, &c., on those tickets a while ago, they were the tickets voted prior to 1882, were they? A. Yes, sir; they were the tickets voted at the October election, 1880.

Q. Those marks you referred to were on the face of the ticket?-A. Yes, sir.

Q. When those tickets were folded you could not see those distinguishing marks in any way?-A. I think not, sir, unless my attention would be specially called to it, and I have not examined with reference to that.

Q. I call your attention to two tickets now, both headed "Republican ticket," and I ask you which of those tickets were voted at the November election, 1882?-A. Why, they both seem to be the regular Republican ticket; I do not see any difference in the names.

Q. Or the quality of the paper?-A. As to the quality of paper, they are the same. Q. (Mr. WILSON.) I now hand the stenographer the ticket headed "Republican ticket," which I have just shown to Mr. Wallace, and ask him to mark it as Exhibit Q. (Shown to Mr. Wallace, P. C. Hendricks, notary, which is done.)

Q. Were you in the precinct in which Mr. Holliday acted, or did you hear his testimony-A. I heard a few questions; I did not hear it all.

Q. Did you act as challenger?—A. No, sir.

Q. Did you stand at the chute and watch the vote?-A. No, sir; not at the chute; around at th outside.

Q. Did you try to ascertain whether or not you could distinguish those tickets when folded, and when handled as they are when voted-I mean these Republican tickets?-A. Only by touch.

Q. Did you try at the door where the box was and watch the box to see if you could tell one of them from the other?-A. I think not, sir; I made no special effort in that direction.

Q. Was your attention directed to that matter whilst they were voting at the chute at all? A. No, sir; in no sense of the word except in the matter of feeling the thickness of the ticket. My attention was called to that matter early in the day.

Q. Thickness of what ticket?-A. The difference in the two tickets. The Republican ticket was thicker to the touch. You could distinguish it very easily by feeling.

Q. The Republican ticket was much thicker than the Democratic ticket?-A. Well, it seemed to be.

Q. If they were folded and presented to you and you were allowed to see them without touching them, do you believe that thickness was such that you could tell one from the other, looking all around them?-A. I think not, sir; not unless I had the ticket in my hands. I don't think you could distinguish between them. The question was asked me as of the ordinary voter and whether in the ordinary observation used at an election.

Q. You could distinguish them by touching and handling them?—A. I think there is no doubt about that.

Q. If you were inspector, could you, in handling the tickets, tell the difference ?—A. I think I could, sir; whoever takes the tickets in his hand may have made the distinction, but in no other way.

Q. You don't testify as an expert here?-A. No, sir; in no sense of the word. Q. You do not know the technical names of this paper upon which this Republican ticket is printed ?—A. I do not, sir; I am only testifying to what I see and have seen. Q. You are a Republican -A. There is no doubt about that; I think that will be conceded; I am not so much of a Republican but that I can tell the truth if I am called upon to testify.

Q. You say that the first tickets shown to you were used in the Presidential elec tion of 1880; you believe they were the tickets used and voted at that election!—A. Such tickets?

Q. Such tickets, of course, I mean.-A. Yes, sir.

Q. Do you know that of your own knowledge?-A. I would not have described those tickets unless I had seen them; but when I see the ticket it refreshed my memory, and I then remembered the fact that they were the kind of tickets used.

Q. Do you recognize those tickets by the names upon them or by the character of the paper, &c., when they are shown to you?-A. By the general features of the ticket and the general character, take it all the way through.

Q. I do not know as I exactly understand you; it is altogether, with the names!— A. Altogether, and with the names too.

Q. Is it not true that the ticket that is called the Democratic ticket, headed with Franklin Landers for governor, is very much faded in color and torn and badly used?-A. The back of that ticket seems to have been in some way or other dirtied, by handling or in some other way; if you notice it, it is not a clean ticket. Q. And it is torn ?-Yes, sir.

Q. And the edges are frayed?-A. Yes, sir; they seem to be.

WILLIAM WALLACE.