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alone in your hand could not you tell by the stiffness and bulk ?-A. Yes, sir; if all the tickets were alike. These two tickets I could.

Q. Were there any other tickets there?-A. I think that there were other tickets there, but I am not positive about it. I do not know whether they were all printed of the same character or not.

Q. You think that there were different Democratic tickets there ?-A. I think that there was. I am quite sure that there was a ticket there combined with the Greenback candidates. That is my impression; that there was a mongrel ticket.

Q. Democratic and Greenback?-A. I think so; it is my impression; at least there was a mongrel ticket of some kind-a combination ticket.

Q. Who had any such ticket as that ?-A. I do not know who they were; I do not know which side had it.

Q. You know there was a mongrel ticket at that precinct?-A. What I would call a mongrel ticket.

Q. Printed on a whole ticket?-A. Yes, sir.

Q. And you do not know who had those tickets-A. No, sir.

Q. Now, I will ask you if your attention had been called directly to the difference between these two tickets and you had taken them and sat down at a table and considered and folded them and examined the difference between the two and inspected the fold of them and examined them carefully, and had gone to the polls and stood right by the end of the chute next to the box, within a foot or a foot and a half of the voters as they passed up and held their tickets up and went up and put them into the hands of the inspector and he held it up and turned it around folded, do not you think you could have told that Republican ticket when the voter voted a Republican ticket, and do not you think you could have told the Democratic ticket when the voter voted a Democratic ticket?-A. That would depend upon how the tickets were folded. If they were both folded alike I doubt very much whether I could have told them.

Q. You could tell them by handling?-A. Yes, sir; I am quite sure about that. I know it was tried during the day several times. I said, that was a Democratic ticket, I think," or "that was a Republican ticket;" and we had a great many disputes there during that day.

Q. In point of fact they were trying to tell, and they claimed that they did know, the difference as they were voted-A Like there is at every election.

Q. Generally they were claiming at that election that day that they could tell how men were voting by the appearance of the tickets, for the same reason that in the morning you said you thought you could tell?-A. I think there were observations of that kind, and there were disputes there during the day. I know there was discussions of that kind, but the greater part of the discussion was in the fore part of the day.

WARWICK H. RIPLEY.

A. J. TREAT, being first duly sworn testified, as follows:

Direct-examination by Mr. PEELLE:

Q. State your name, age, and residence.-A. A. J. Treat; age, 44; residence, 297 North Meridian street, Indianapolis, Indiana.

Q. What is your business?-A. Merchant tailoring.

Q. How long have you been in that business?-A. About twenty years.

Q. You are a Republican I believe.-A. Yes, sir.

Q. Were you at the election in this city in 18827-A. I was.

Q. What precinct and ward?—A. Eleventh ward, on Ohio street between Pennsylvania and Meridian streets.

Q. Were you there much of the day?-A. I was there a good deal.

Q. Did you see the tickets voted by the respective parties that day?-A. Yes, sir. Q. I hand you a ticket headed "Republican ticket," and marked Exhibit A to the deposition of C. F. Halliday, and I will ask you to state if that is the ticket used and voted by the Republicans on that day.-A. I believe it was.

Q. I now hand you a ticket headed "Democratic ticket," and marked as Exhibit B to the deposition of Mr. Halliday, and I will ask you to state if that was the Democratic ticket voted that day for members of Congress and other candidates ?— A. To the best of my recollection it was, sir.

Q. Did you observe these tickets as they were folded and being voted by the voters that day?-A. I saw them folded and being voted.

Q. State if this Republican ticket that I hand you, when folded by the voters as tickets are ordinarily folded, could be told or distinguished from the Democratic ticket similarly folded, when being voted?-A. You mean folded up.

Q. Yes, sir; when folded up and being voted; if you could tell one from the other, by sight.-A. I do not think you could.

Q. Did you make any effort that day to distinguish one from the other?-A. I did not; no, sir.

Q. Were you, as a matter of fact, able to distinguish one from the other that day as they were folded, by sight?

(Objected to as incompetent, &c.)

A. I don't believe I could have told, as they were being voted, what tickets they were at all. When I saw people putting them in the box I could not distinguish between the two tickets at all.

Cross-examination by Mr. WILSON:

Q. Were you challenger?-A. No, sir.

Q. I understand you to say you did not make the effort that day to tell one from the other.-A. I did not say that. I said as the votes were voted I could not distinguish them at all. I did not make any extra effort. Of course, I was not there to see how they were voted.

Q. You were not challenger, and did not make any extra effort?-A. No, sir.
Q. You think you could not tell?-A. I do not think I could tell.

ATRALER J. TREAT.

CALVIN F. ROOKER, being first duly sworn, testified as follows:

Direct examination by Mr. PEELLE:

Q. Your name, age, and residence.-A. C. F. Rooker; age, 59; residence, Indianapolis, Ind.

Q. State your business.-A. I am a lawyer.

Q. Were you in this city at the time of the Congressional election in 1882 ↑—A. I should think that I was.

Q. Who was the Republican candidate for Congress, and who was the Democratic candidate?-A. Stanton J. Peelle was the Republican candidate and William E. English was the Democratic.

Q. Do you know who was the candidate on the national ticket?-A. No. We did not bother with him.

Q. Were you at the polls during the election ?-A. My recollection is that I was there all day.

Q. Were you there as a challenger ?-A. No, sir; I was just a volunteer, for the good of the cause.

Q. State if you saw the tickets voted as they were ordinarily folded and being voted there that day.-A. Yes, sir.

Q. Take this ticket, headed "Republican ticket," and marked Exhibit A to the deposition of Mr. Halliday, and state if that is the kind of a ticket that was used there that day by the Republicans.-A. Yes, sir; that is the ticket. I have some of them in my office yet.

Q. I hand you the ticket headed" Democratic ticket," and marked as Exhibit B to the deposition of Mr. Halliday, and I will ask you to state if that is the kind of a ticket voted by the Democrats that day.-A. Yes, sir. I think it is. It looks like it. Q. State if, when that Republican ticket is folded, as tickets are ordinarily folded when voted, if you could tell or distinguish that Republican ticket from the Democratic ticket similarly folded, when being voted.-A. I do not believe you could, unless they were right up to see it done.

Q. I mean could you, after they were folded and in the hands of the voter, and the voter was coming up through the chute to the box to deposit his ballot. Could you tell by sight one ticket from the other?-A. I do not think I could from the way the voters vote. They generally fold their ticket and compress it so tight and take it in their hands and go up to vote.

Q. What is the color of those two tickets?-A. I should call them white.
Q. Plain white?-A. Yes, sir; I should call them plain white paper.

Cross examination by Mr. WILSON:

Q. That Republican ticket is much thicker than the Democratic ticket, is it not?— A. Well, it is thicker than the Democratic ticket, but I never made the discovery or never noticed it, or thought about it, until some time after this election.

Q. Then you did not pay any particular attention to those tickets on the day of the election ?-A. I paid particular attention to our ticket, to get in all the votes I could.

Q. Exactly; but the point was, did you pay particular attention to the character of the Democratic ticket by way of contrast to the Republican ticket?-A. No. I did not pay particular attention to the kind of paper the Republican ticket was on. I did not notice it was unusual, or anything of that kind.

Q. You were not the challenger?-A. Well, I think I did some challenging, but I was not what would be called the challenger.

Q. Did you make any effort that day in watching the voters to ascertain, from the appearance of the tickets, what party they were voted for ?-A. No. I do not think I could have done it.

Q. Do you think you could have told that Republican ticket from the Democratic ticket from the handling of them, if you were to handle them?—A. I presume if I had ever noticed them I could have told the difference in handling them fu the paper, but not by seeing them voted.

Q. If you had familiarized yourself with the character of those tickets before the vote commenced by a careful inspection, and gone where the box was, within a foot or a foot and a half of the voter as he put his ticket in, and watched him for the purpose of trying to tell one ticket from the other, could you have seen and told one ticket from the other then, do you think?-A. If I had known beforehand?

Q. Yes, sir.-A. No; I do not believe I could.

Q. You could tell it by the handling, but you could not by sight?—A. No, sir; I could not from sight.

Q. Do you wear glasses all the time ?—A, I do not wear glasses outside, but I have got in the habit of letting them stay on my nose, and do not notice them, but I always look over them, when I am outside, but when I am on the street on an occasion like that I do not have my glasses on.

Q. You did not have your glasses with you that day?-A. I think I did have them with me, but I did not have them on. I can see better off that distance than I can with them on.

Q. Close at hand you can see better with them on than off?-A. Yes, sir; in writing.

Re-examination by Mr. PEELLE:

Q. In looking on at the polls was your eyesight defective?-A. No, sir. I can see anything of that kind. It is when I am writing or reading that I need them.

Recross-examination by Mr. WILSON:

Q. You are a Republican ?—A. You bet I am a Republican.

Q. And always have been?-A. No, sir; I voted for William H. English for Congress. I believe I was a delegate in the convention that nominated him.

Q. You are a pretty earnest, active Republican-A. Yes, sir.

Q. It was years ago when you were in the southern part of the State that you voted for Mr. English ?-A. Yes, sir; I have always voted the ticket since I have been a Republican-well, no, I will qualify that a little-I have scratched here lately, and I expect to do it again if the Republicans do not nominate the best men.

Q. You have been a prominent Republican and an active Republican-A. Oh, yes; in Congressional and National politics I expect to vote the Republican ticket unless something unusual happens, but in these local politics, unless they nominate a straight up and down man I will not vote on either side.

CALVIN F. ROOKER.

W. A. VAN BUREN, being first duly sworn, testified as follows:

Direct examination by Mr. PEELLE :

Q. Your name, age, and residence.-A. W. A. Van Buren; age, 29; residence, Indianapolis.

Q. What is your occupation ?-A. I am a lawyer.

Q. How long have you practiced law in this city ?-A. I came here in the fall of 1879, and I was with Mr. Wallace as student for a year and a half, and then I opened my own office.

Q. Did you attend the election in this city in 1882?-A. I did.

Q. Did you act in any official capacity there-as challenger or otherwise?—A. I was at the polls and held the poll-book, and did some challenging.

Q. Were you there much of the day?-A. I was there all day long.

Q. State if you noticed the tickets that were voted that day by the Republicans and Democrats for Congressman and other candidates.-A. I saw both tickets.

A. I hand you a ticket headed "Republican ticket," and marked Exhibit A to the deposition of Mr. Holliday, and I will ask you to state if that is the ticket voted by the Republicans that day.-A. That is the ticket.

Q. I now hand you a ticket headed "Democratic ticket,” and marked Exhibit B to the deposition of Mr. Holliday, and I will ask you to state if that is the ticket voted by the Democrats that day.-A. Yes, sir. That is the ticket as I remember it.

Q. What ward and precinct were you at?-A. Tenth ward, north precinct. Q. Did you observe the tickets that day as they were folded and voted by the electors?-A. Yes, sir, I did.

Q. State if that Republican ticket when folded as ordinarily folded and voted could be told or distinguished from the Democratic ticket when folded, by sight.—A. I could not tell any difference whatever, when the tickets were folded, as to which was the Republican or which was the Democratic.

Q. Were you in this city at the time of the national election in 1880?-A. I was.
Q. I hand you a ticket headed "Republican ticket," and marked Exhibit F to the

deposition of William Wallace, and I will ask you to state if that is the ticket that was voted by the Republicans at the national election in 1880. (Objected to as incompetent, irrelevant, and immaterial.)

A. That is the ticket.

Q. State what difference there is, if any, between that paper upon which that ticket is printed, and the paper upon which the Republican ticket is printed that was voted is 1882.

(Objected to as incompetent, irrelevant, and leading.)

A. If there is any difference in these tickets?

Q. I mean in the weight of the paper and its thickness?-A. I should state that this State ticket of the election of 1882, the Republican ticket, was slightly heavier than the other ticket.

Cross-examination by Mr. WILSON:

Q. I ask you now to look at this ticket, marked Exhibit B to the deposition of Mr. Holliday in 1882, and the Republican ticket voted at the same time, and I will ask you if those tickets are not different in their weight and in their bulk, and in the exture of the paper?-A. The Republican ticket is undoubtedly heavier than the Democratic ticket.

Q. They differ in that respect then?-A. Yes, sir.

Q. Is it twice as heavy?-A. I cannot say whether it was twice as heavy or not. Q. What is your opinion about it?-A. My opinion is it is just about twice as heavy.

Q. Is it not a good deal stiffer?-A. It is stiffer.

Q. And those two tickets are about the same width and length, are they?-A. I should think this testimony would be better brought out by experts themselves than my testimony on this question.

Q. I ask you are they not about the same width and length ?-A. Yes, sir.

Q. Then there is a difference between those two tickets, and, as I understand you, you say that you could not see any difference between those tickets-the language was, "no difference between those tickets when they were being voted by the voters, as the voters ordinarily vote them."-A. That is what I said.

Q. I ask you then, is it not true if you had had your attention called beforehand to the difference between the tickets carefully and you had gone to the polls and stood, for example, as challenger, to watch and see, could you not have told that Republican ticket if folded when the inspector held it in his hands so you could see the ticket all around, and the end; if you could see it in that way, could you have told the Republican ticket then?-A. In reply to your question I will say that I took particular pains during that election, as I held the book and I wanted to know whether the vote was Republican or not and I could not.

Q. Then you could not tell the difference when you looked in that way; then when one ticket is twice as heavy as the other and a great deal stiffer than the other, and is bulkier than the other, I understand you to say, though there is this difference in the thickness and stiffness that you have described, that still, standing where you were and where you did stand, you could not tell the difference between those tickets by sight?-A. I could not.

Q. Could you tell the difference in those tickets by handling them ?-A. I could. Q. Although folded?-A. You mean when the tickets were folded and I had them in my hands?

Q. If you held the Republican ticket in your hand could you tell it was the Republican ticket?-A. When it was folded up?

Q. Yes, sir; on that day if you had one handed to you could you tell from its thickness and stiffness that it was a Republican ticket?-A. I will say this, that if I knew that to be a Republican ticket and had previously held a Democratic ticket folded in the same way and knew that one was a Democratic ticket and the other was a Republican ticket, I could tell which was a Republican ticket.

Q. You mean that if you had previously ascertained the difference in that way, that subsequently if you had had one of the Republican tickets handed to you folded, you could tell that was a Republican ticket?-A. Yes, sir; I could.

Q. If you had been inspector you think you could have done the same thing?—A. I think if I had taken particular pains to examine the tickets before I knew which was Republican and which was Democratic, and had then ascertained, I could have told by the difference in the thickness of the ticket as I could by the difference in the paper in the first place, and I knew that the thick ticket was a Republican, and the thin ticket a Democratic, I could undoubtedly tell which was the Democratic and which was the Republican.

Q. I will ask you if you did not hear at that precinct that day people around there saying that that was a Democratic ticket, or that that was a Republican ticket, and was not that statement based on the difference in the appearance of the tickets when they were folded as they were being voted?-A. I do not recollect any such conversatious or any such statements.

Q. You do not recollect any such statements at all?-A. No, sir.

Q. Did you hear any complaint from the Democrats on account of the character of that ticket?-A. On the day of the election?

Q. Yes, sir.-A. I do not remember any.

Q. You heard nothing said about it at all?-A. I do not remember any complaint being urged against the ticket.

Q No comments about its thickness?—A. I do not recollect any; and in explanation to that answer I will say right here, that there were only a very few workers at our polls; I think one or two Democratic workers there, and two or three Republicans, and they were very quiet, and there was no discussion at all, and everything went on quietly, and there was no complaint, and I do not think there was but two Democratie workers there all day long.

Q. Do you recollect the names of those Democrats?-A. Yes, sir; Captain Payne was one of them.

Q. Who else?--A. It was when I was somewhat of a stranger in the ward there, and he was the only one I was acquainted with.

Q. Who was the Democratic judge there?-A. That I do not recollect.

Q. Is it not true that your memory about what took place there is pretty uncertain and pretty vague at this stage anyhow?-A. Well, as there was not very many incidents that took place there of any nature whatever, I would have to have a pretty good memory to remember things that did not take place.

Q. Is it not true that there were Democrats, and you said there were, and you did not remember them; it is not facts that did not occur, but facts that did occur that I am asking you about.-A. What is your question?

Q. I asked you who the Democratic judge was.-A. I have said that I did not know.

Q. I then asked you who the Democratic workers were, and I believe you have said you recollect one, and one you do not recollect.-A. If I mistake not, that was the first time I had done anything in that ward, having lived in the 16th up until very near the time of the election.

Q. You were challenger there?-A. Yes, sir; I was challenger.

Q. And you was a stranger in the ward?-A. I was not the challenger, as I said in my at swer, the principal part of the day. I was to stand alongside of the men who did the most of the work with the book, and I was located up by them, so I could hear the name as it was being called, and check off, as we do in the elections. Q. You are a Republican ?-A. Yes, sir.

Re-examination by Mr. PEElle:

Q. Take this ticket headed Democratic ticket, and marked Exhibit E to the deposition of William Wallace, and I will ask you to state if that is the ticket, as you recollect, voted by the Democrats for President in 1880.

(Objected to as leading and suggestive, and not proper re-examination.)

Q. You can answer what is your recollection about that ticket.-A. My recollection is that that was the Democratic Presidential ticket, but I do not recollect the names of all the electors; but I notice several.

Q. That is your best impression about the matter?-A. Yes, sir.

Q. I will ask you to take this Republican ticket that you had a while ago and fold it and state the difference in the width of those two tickets as near as you can. (Objected to as incompetent, irrelevant, and immaterial.)

A. You mean to measure these?

Q. Yes, sir; the difference in the width of the tickets about as near as you can get at it with your eye.-A. I would say an eighth of an inch.

Q. Is there any difference in the color of those two tickets, the back sides, I mean?— A. There seems to be a tint on this Democratic ticket.

Q. State if there is not more difference between those two tickets voted for Garfield and Hancock, in 1880, by sight than there is between the two tickets voted for Congressmen in this district in 1882, which you have examined.

(Objected to as leading, incompetent, and irrelevant, and not proper re-examination.)

A. I would say that this Presidential Democratic ticket of 1880 could be more readily distinguished from the Republican Presidential ticket of the same time-more readily than between the Democratic and Republican tickets of the election of 1882.

Re-examination by Mr. WILSON:

Q. How is it that you say you know that is the Democratic ticket that was used in 1880?-A. Let me see that.

Q. I ask you, without looking at it, how do you recognize it or identify it?—A. I identify it from the familiarity with some number of the names on there.

Q. Not from the fact that you recollect this was the kind of material used at that election, or the kind of paper, but from the names on the ticket?-A. I recognize it from the names on the ticket.

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