Q. State if there was any disturbance at that ward that day when you was there, and if so, what it was?-A. Nothing more than usual; not to my knowledge, that is nothing out of the way.

Q. Was there any arrest made there or any threatened arrest of anybody made by by the police down there ?-A. Not to my recollection.

Q. Do you remember a gentleman down there by the name of Schoettle, who was swearing in Democratic votes that were challenged?-A. Chris. Schoettle was swearing in some votes. He keeps a saloon across the street there.

Q. Was he there all day?-A. He was there off and on. His place of business is upon the opposite corner there, and he would go home and come back every little bit. Q. He went backwards and forwards?--A. Yes, sir.

Q. Do you remember that day of a Mr. Frenzel, from the Merchants' National Bank, coming down there?-A. No; I do not know him. I would not know him, I do not suppose, if I would see him.

Q. You do not remember of having seen him there?-A. No, sir.

Q. If there was any disturbance there that day, were you in a position to know it ?-A. I should think I would be. I generally stand there all day, and I have for the last six or seven years.

Q. You say you heard of no disturbance there?-A. No, sir; I was trying to think. Martin Powers had some disturbance with a fellow, but whether it was at that election or not I cannot tell. That is the only disturbance I recollect of, to my knowledge, of there being down there. It appears as though some fellows I do not know whether it was on that election. I was just trying to think, but that is the only disturbance I ever saw there.

Q. What was the character of the disturbance?-A. I cannot tell now exactly what. It happened there by Bryce's bakery, where they were inside the yard, I think, where the wagons drive into the stables.

Q. Do you remember the character of the disturbance, what it was and what it consisted of?—A. I do not recollect at all. Martin Powers struck some one or else some one struck him, one or the other, but I forget which it was.

Q. State if there were any policemen at that precinct that day.-A. The policemen interfered, and took-I will tell you who it was; it was this Bill-telegraph repairer that used to live by me there. I think he is on the Vincennes road, as line repairer.

Q. Is he the man that got struck?-A. That is what I was saying. I do not know whether he struck Powers or whether Powers struck him. At any rate, the police took him to the station-house or took him away. I was trying to think whether it was at this election or not, but that is the only disturbance I remember of seeing there.

Q. Were there any policemen at that precinct that day?-A. Yes, sir.

Q. State what part the policemen took there that day. What did they do there that day?-A. I did not see them take any part, that is, any political part.

Q. State what they did, if anything.-A. They stood around there all day.

Q. If they did anything other than stand around there to preserve the peace you may state it.-A. Not to my knowledge.

Q. State if the police challenged any votes there that day at that precinct.-A. Not that I recollect of.

Cross-examination by Mr. WILSON:

Q. How many policemen were there there?—A. I think there was two.

Q. Was there not more than two?-A. The captain was there awhile. He drove down there.

Q. And were those two all that you recollect of? Who were those two?—A. I can not call their names. I never can call names very well. In fact, I am not well ac quainted with none of them by name. Campbell was there off and on.

Q. And Crane-was he there once in a while?-A. Crane-I do not know by name. I know him by sight, I expect.

Q. Do you know Mr. Gerber, a policeman?—A. No, sir.

Q. Captain Splann, was he there?-A. He is a large man, is he not? I am not particularly acquainted with Captain Campbell, but I know most of them by sight. Q. You say some of these policemen were around there all day?-A. Yes, sir. Q. And they were thepe to keep order ?-A. I suppose that is what they were there for.

Q. Was there any particular need of having order kept at that precinct ?—A. I did not see anything out of the way.

Q. Was it not true that they threatened to arrest Mr. Schoettle if he did not quit swearing in votes, and did not they stop him, and was there not a space of time there for, say, an hour or so, when a Democratic vote was not sworn in, although there were Democrats there to be sworn in and who were challenged?-A. He challenged them

Q. Was it not true that for an hour or more there was a period when there were

Democrats who had been challenged but wanted to vote, and they were not sworn in, and could not be swore in, and they threatened to arrest a man that undertook to swear them in? Is not that true?-A. Not to my knowledge. In fact, I do not know whether they were Democrats or Republicans, or how they were voting, any of them. Q. Was not that true that there was an hour there that the men on one side wanted to vote and they were challenged, and nobody swore them? Is not that true?—A. I could not say that it was.

1

Q. What is your answer to the question that any one threatened, I asked you. Did not some one threaten to arrest Mr. Schoettle, if he swore in votes there? Did you hear anything of that kind? Did you see anything of that kind?-A. There was one man there that they threatened to arrest, and that was Philip Dohn, the furniture

man.

Q. They did threaten to arrest him?-A. Just outsiders spoke like that; I did not see any policeman threaten to arrest anybody.

Q. The question did not relate to policemen. Did you hear any one threaten to arrest Mr. Schoettle or any one there that swore in votes? That is the question. You said the police were there, but the question is, did any one threaten to arrest Mr. Schoettle?-A. Not to my recollection.

Q. Did they threaten to arrest any one that offered to swear in Democratic votes there? Did you hear anything of that kind?-A. No, sir; I do not recollect it.

Q. Is it not a fact that they did threaten to arrest Mr. Frenzel, of the Merchants' National Bank, and to handcuff him at that precinct on that day ?-A. I did not hear anything of the kind, not while I was there.

Q. You said you heard something about threatening to arrest Mr. Dohn. Do you knew what that was for?-A. Some one said that he did not have no right to do what he did. I have sworn in votes there myself at every election all day, and I have been threatened with the same thing.

Q. What was it that Mr. Dohn did not have a right to do-swear in votes, or did he not have a right to vote?-A. Some says he did not have a right to swear in any, and some says he did.

Q. You heard of some threat to arrest him?-A. Yes, sir; from outsiders, that is. Q. You heard that from the outsiders?-A. Yes, sir.

Q. What do you mean by outsiders?-A. Men that has got no authority to arrest anybody; that is, ontside of policemen.

Q. You heard of threats as coming from others than policemen. Do you know what sort of votes they were that Mr. Dohn was swearing in?-A. No; in fact I did not see him swear in any.

Q. Do you know Mr. Dohn's politics?-A. I cannot say that I do.

Q. Is he not a Democrat?-A. I know he votes the Republican ticket most of the time, and part Democratic ticket sometimes.

Q. Was he not on that day working for the Democrats, as you were working for the Republicans?-A. Mr. Dohn?

Q. Yes, sir.-A. Not that I know of.

Q. Then you neither saw or heard any trouble at that precinct at that election? I understood you to say that.-A. Not to my recollection.

Q. And you heard of no trouble at that precinct, from the police or anybody else at that precinct, at that election?-A. No; just as I stated before, that I could not tell whether that was before that or not.

Q. I mean with the exception of the arrest of Bill Powers and some one else that got into trouble; aside from that, did you hear of anything else, or see anything else, in the way of arrest or threatening or trouble?-A. No, sir; not that I know of.

Q. Were you at any other precinct?-A. No, I was not at no other precinct than there.

Q. As a matter of fact, did not these policemen there that day take part in that election?-A. No, sir; I cannot say that they did.

Q. Not at all; did not they take part in the previous organization, preliminary to the election there in that ward?-A. Not that I know of.

Q. You said you handled the Republican ticket that day?—A. Yes, sir.

Q. And you do not recollect whether that is the ticket or not; do I understand you

to say that?-A. I said I did recollect the same kind of a ticket that we had.

Q. You said you did not handle the Democratic ticket?—A. No, sir.

Q. Can you tell the difference between those two tickets by handling them; now, when they are folded?—A. I do not know that I could; I never tried it.

Q. You never tried to tell the difference between them, did you?-A. No, sir; not by feeling them.

J. H. BOWLBY.

JAMES A. WILDMAN, being first duly sworn, testified as follows:

Direct examination by Mr. PEELLE:

Q. State your name, age, and residence.-A. My name is James A. Wildman; my age is 49 years; my residence 415 North Pennsylvania street, Indianapolis, Ind. Q. You are a Republican, I believe?-A. I am. I am so taken and received.

Q. And you are postmaster in the city of Indianapolis, at present?-A. Yes, sir. Q. What official positions have you held in this State ?-A. Auditor of State, at one time.

Q. Any other official positions in other counties?-A. Yes, sir; I was auditor of Howard County.

Q. Did you attend the election in this city in 1882; the Congressional election ?— A. I did.

Q. What precinct and ward?—A. Second precinct of the sixth ward.

Q. What portion of the time were you there during the day?-A. I was there a good part of the day. I think I was there when the polls opened. I am certain I was. Q. Did you act in any particular capacity that day ?—A. I do not know that I did. I do not know whether I was one of the challengers that day or not. I do not re member about that now.

Q. State what portion of the day you were there.-A. Well, my recollection is, I was there when the polls opened, and remained, perhaps, about an hour, and came down to the office and staid awhile, and went back and remained until noon, and then, I think, I went to dinner and perhaps came to the office awhile, and went back and remained a good portion of the afternoon. That is about the way of it.

Q. Did you observe the tickets that were voted there that day?-A. Yes, I observed the tickets in a general way.

Q. I now hand you a ticket headed "Republican ticket," and marked Exhibit A to the deposition of C. F. Holliday, and I will ask you to state if that is the ticket used and voted by the Republicans at that precinct that day?-A. Yes, sir.

Q. I now hand you a ticket headed “Democratic ticket," and marked Exhibit B to the deposition of Mr. Holliday; I will ask you to state whether that is the ticket used and voted by the Democrats at that precinct ?-A. I did not see much of that ticket. Yes, that is my understanding that that is the ticket they had that day.

Q. I now hand you a ticket headed "Democratic ticket," with the words “Democratic ticket" printed across a flag, and headed "For governor, Franklin Landers," and marked as Exhibit D to the deposition of William Wallace, and I will ask you to state if that is the ticket used by the Democrats in this city, in that State election, in 1880.

(Question objected to as incompetent, irrelevant, and immaterial.)

A. That is my recollection of that ticket.

Q. I now hand you a ticket headed "Republican ticket," with the words, "For governor, Albert G. Porter," and marked as Exhibit C to the deposition of William Wallace. I will ask you to state if that is the ticket used by the Republicans at the State election in 1880.

(The question was objected to as incompetent, irrelevant, and immaterial.) A. I guess it is.

(The answer was objected to as incompetent.)

Q. I hand you now a ticket headed Democratic ticket," with the words, "For President, Winfield Scott Hancock," and marked Exhibit E to the deposition of William Wallace, and I will ask you if that is the ticket used at the national election by the Democrats, in 1889, if you remember?

(The question was objected to as incompetent, irrelevant, and immaterial.)
A. I think it is, although I do not recollect of seeing the ticket.
(The answer was objected to as not responsive to the question.)

Q. I now hand you a ticket headed Republican ticket," with the words, “National candidates, James A. Garfield, for President," and marked as Exhibit F to the deposition of William Wallace. I will ask you to state if that is the ticket used at the national election, in 1880, by the Republicans.

(The question was objected to as incompetent, irrelevant, and immaterial.) A. Yes, sir; we used this one.

Q. State if that Republican ticket that I hand yon, voted at the Congressional election of 1882, when folded and in the hands of the voter, as tickets are ordinarily folded and voted, could be told or distinguished from the Democratic ticket when folded.-A. I do not believe it could.

(Answer was objected to as incompetent, being a matter of belief, and is not admissible as evidence.)

Q. State if at that election you did or did not distinguish the Republican from the Democratic ticket when it was folded and in the hands of the voter.

(Objected to as incompetent, for the reason that he has stated that he did not notice the Democratic ticket that day, and objected to for the further reason that it is lead ing and suggestive.)

A. I did not.

Cross-examination by Mr. WILSON:

Q. I see you looking at those tickets with your glasses on; what age did you say you were?-A. Forty-nine years old.

Q. Do you use your glasses when you have to read?-A. Sometimes.

Q. Did you use them that day -Ă. No, sir.

Q. Can you see better with your glasses on?-A. I guess I can when it is a dark day.

Q. It is dark here, is it ?-A. Not very dark.

Q. You can see better with them on in a light day?-A. Perhaps I could see this paper, but I could not read the names very distinctly without glasses.

Q. I will ask you if that Republican ticket is not 2 or 3 times as thick as that Democratic ticket-twice as thick any way-used in the fall of 1882-A. The question asked me was if that could be distinguished from the other in the hands of the voter, and I said I did not think it could be.

Q. What is the difference would you say in the thickness of the two tickets?—A. I cannot tell you what the difference is.

Q. Is not that Republican ticket fully double as thick ?-A. I do not know that it is; it is heavier paper.

Q. Is it not double as heavy ?-A. I do not know that it is; it may be.

Q. What did you understand by that much of Mr. Peelle's question which is embodied in this expression, "When a ticket is folded and in the hands of the voter as it is ordinarily voted and ordinarily folded?"-A. I understoyd that to mean just this, that men when they vote as a usual thing fold their tickets, and different persons have different ways of presenting their tickets. I mean when they are folded up in the ordinary way that men have a ticket in their hands and when they go to hand it to the inspector of the election.

Q. Do you understand that the ticket is invisible or visible when the voter votes it -A. Sometimes it is visible and sometimes it is not. Even if it is visible, I think it would be difficult when a person was standing outside of the chute to tell when they had their tickets in their hands and deposited them with the inspector; it would be a hard matter to tell whether a man had a Democratic ticket or a Republican ticket in his hand, unless it was because this ticket appears to be a lighter ticket than the other.

Q. I will ask you to take into consideration the appearance of it and the bulk of it, and state whether or not as a matter of fact, if you were standing right where the challengers usually stand or standing along the chute, if a voter came up with a ticket not hid in his hand, but four-fifths of it showing, and gave you an opportunity to see it, and then it was passed to the inspector and by the inspector held between the ends of his fingers, whether or not you, standing there, could have told that Republican ticket-A. I do not believe that I could unless my attention had been called then to the fact. If I was looking to find a difference, and my attention had been called especially to see whether I could detect any difference or not, I might possibly have noticed in the shade of the paper. One appears to be a little lighter than the other, and I might, if my attention had been called to it, but I do not think it could be done. Q. You do not think that the weight and bulk of that paper would give you any aid in determining it ?-A. I do not believe it would unless my attention had been called

at that time.

Q. If your attention had been called-A. If my attention had been called, and I was close enough it might have been detected in that way.

Q. Could you tell the difference by handling the tickets?-A. Yes, I think I could. Q. As a matter of fact, did you stand close to the chute and watch on that day, and had your attention been called and were you watching?-A. I was by the chute and watching a good part of the time.

Q. Had your attention been called to the difference between them?-A. I do not think it had. I do not think the question of the tickets had been discussed in that precinct.

Q. Was not the matter of the tickets commented upon by the Democrats and objection made to the tickets?-A. It may have been. If it was I did not hear it. I did not hear any discussion about it.

Q. Mr. Peelle asked you if the ticket shown you marked "Democratic ticket," and headed," For governor, Franklin Landers," and Exhibit D to the deposition of William Wallace, was not the ticket voted by the Democrats at the election in 1880. I will ask you how you determine that ticket? Is it by the flag on the face of the ticket, or is it by the general appearance of the ticket and its color?-A. How I determine this ticket here?

Q. Yes, sir.-A. It would be the general appearance of the ticket and the names on the ticket.

Q. That is, the names on the ticket or the flag. Does the material on which it is printed, or the color of the ticket give you any aid in coming to that conclusion ?— A. Which? That that is the ticket?

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

Q. Look at the back of the ticket.-A. That is pretty dirty.

Q. Is not that ticket furthermore faded, or rather is it not discolored by time as well as by dirt?-A. Perhaps it is. I think it is more than likely that is true.

Q. Was not the ticket that was used at that election on plain white paper?—A. You mean the Democratic ticket?

Q. Yes, sir.-A. I suppose it is the same kind of paper that this was when it was fresh referring to Democratic ticket] and had the same color that this had when it was clean.

Q. It is a supposition then?-A. That was back in 1880, and, as I remarked, I did not handle a great many of those tickets.

Q. You would call that paper plain, ordinary news paper upon which that Democratic ticket of 1880 is printed, would you not?

(Objected to as not proper cross-examination, for the reason that the witness is not. an expert, and has not said that he was an expert on paper.

A. I suppose it was recognized as that when it was fresh; it is not so very white

now.

Q. I ask you to take the Republican ticket, voted at the same election in 1880, headed "For governor, Albert G. Porter," and marked Exhibit C, to the deposition of William Wallace, and I ask you to feel it and look at it, and see whether or not that ticket is not glazed.

(Objected to as not proper cross-examination.)

A. I am not an expert about glazed paper.

Q. Look at it.-A. I do not know whether it has been glazed or not; I could not say that the paper has been glazed; it is a different feeling paper from the other. Q. What is the difference; smoother?-A. The other paper appears to be lighter paper; I think it is very smooth.

Q. Look at it in the light and see if you cannot see a glossy finish on that Republican ticket?-A. Yes, sir; it has that appearance.

Q. Tell me what is the difference in the width between that Republican ticket voted at that election and that Democratic ticket ?—A. I could not tell without measuring them.

Q. I want you to do that.-A. I could not do that unless I had a rule.

Q. You can tell the difference substantially ?—A. Have you got a rule ?

Q. No, sir.

Mr. WILSON. Has anybody got a rule?

The WITNESS. There is a slight difference in the width. You cannot tell very well from these tickets.

Mr. WILSON. I have objected to the introduction of the Democratic ticket, headed "For governor, Franklin Landers," but as the ticket is already in. I now call the attention of the witness, on cross-examination, to the ticket which is headed "Democratic ticket," with the flag on it, “For governor, Franklin Landers," reserving the right, as the court cannot rule on the admissibility of the evidence offered by Mr. Peelle, to move to have this evidence rejected in the event the other evidence goes

out.

Mr. PEELLE. I make no objection whatever to the introduction of this ticket in evidence on behalf of the contes ant.

Q. Look at that ticket, headed “Democratic ticket," with the flag on it, and I will ask you now is that the ticket that was voted at that election in 1880 for governorthe one that I have handed you ?-A. I shall answer that as I did the other; I suppose it is. I judge, that as those names that appear on this ticket were the candidates upon the Democratic ticket at that election, that that is true.

Q. Is it not true that that paper is a good deal whiter than the paper of the ticket to which Mr. Peelle has called your attention, headed “Democratic ticket," with the flag on it ?-A. It appears a fresher ticket.

Q. Now look at the backs of them; do you not think the color is different, as if one of them had been exposed and been discolored by exposure and time a good deal more than the other? I call your attention to the backs of them particularly.-A. One is a dirtier ticket than the other.

Q. Is there a difference in the color? Is there not a faded appearance of discoloration by time as well as dirt on that ticket that is marked as Exhibit D to the deposition of William Wallace?-A. That ticket looks to me like it had been exposed and badly cared for in some way or other and had not been carefully laid away.

Q. Would you say that paper of that quality would discolor from the lapse of time?-A. Indeed I do not know. I should judge if that paper were laid away, from the lapse of time and exposed, it would discolor; but I am not an expert in the paper business.

(The ticket shown the witness was introduced in evidence as a part of the crossexamination, and marked as Exhibit Z.)

J. A. WILDMAN.