ROBERT E. SMITH, being first duly sworn, testified as follows:

Direct examination by Mr. PEELLE:

Q. State your name, age, and residence.-A. Robert E. Smith; 45 years old; residence 172 N. Delaware st., Indianapolis, Indiana.

Q. What is your business?-A. I am practicing law.

Q. How long have you been practicing law?-A. Since 1867.

Q. How long have you been in the city?-A. Since 1870, in this city.

Q. Did you attend the Congressional election in this city November 7, 1882?—A. I did; yes, sir.

Q. At what precinct and ward?-A. It was at a precinct in the 11th ward, where the fire department headquarters are; I think it is the 1st precinct now.

Q. 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 Republican ticket used on that occasion, if you know?-A. It was.

Q. I 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 was the ticket used by the Democrats at that election, if you know ?-A. I think it was.

Q. I now hand you a ticket headed Democratic ticket," with the words "Democratic ticket" printed across a flag, with the words following: "For Governor, Franklin Landers." I will ask you to state if that was the ticket used by the Democrats at the State election, in 1880 ?

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

A. That is the ticket.

Mr. PEELLE. I offer this ticket in evidence, and ask that it be marked as an exhibit to the deposition of this witness. The ticket will be found in evidence, and attached to this deposition and marked as Exhibit G, the contestant objecting to its admission as incompetent, irrelevant, and immaterial.

Q. I hand you a ticket headed Republican ticket," and marked as Exhibit P, to the deposition of William Wallace, and I will ask you to state if that is the ticket that was used by the Republicans in the State election in this city, in 1850! (Objected to for the same reasons above stated.)

A. It is.

Q. I now hand you a ticket headed "Republican ticket," and marked as Exhibit F, to the deposition of William Wallace, and headed, "For President, James A. Garfield," and I will ask you if that was the ticket used on that occasion? (Objected to for the same reasons above named.)

A. That is the Republican ticket.

Q. I now hand you a ticket headed "Democratic ticket," "For President, Winfield Scott Hancock," and marked as Exhibit C, to the deposition of William Wallace, and I will ask you to state if that is the ticket that was used at that election, in 1880, by the Democrats?

(Objected to for the reasons above stated.)

A. That is the ticket, Mr. Peelle.

Q. Take in your hands again that Republican ticket voted at the Congressional election in this city in 1882, and state if that ticket, when folded as voters ordinarily and usually fold their tickets to vote, could be told or distinguished from the Democratic ticket when folded, both being folded with the names inside.-A. I could not distinguish it at that time. I remember very distinctly that I was trying to keep the run of the votes in that way, and I could not do it.

Q. Were you acting in the ward as challenger?-A. I was general challenger on the committee, and was a member of the Republican executive committee in the ward, and was there watching more than anything else.

Q. State if you heard any complaint made about the character of the Republican ticket by any one.-A. In what way.

Q. Because of the ticket being on the kind of material it was, or paper ?—A. I don't recollect now. I am not certain whether there was anything said about that ticket at that time or not.

Q. State if Ross Clark was at that precinct.-A. He was.

Q. State what objection or complaint, if any, Mr. Clark made to that Republican ticket that day?-A. I was not at the window all the time, but I don't remember of any distinct objection being made to that ticket. I don't remember of hearing of any at that time.

Q. State if, when you was there, there was any conversation between Mr. Clark and Mr. Hasselman with reference to that ticket.-A. Yes, sir; there was a good many conversations between Clark and Hasselman during that day.

Q. Did you hear a conversation between Mr. Clark and Mr. Hasselman with reference to this ticket, and the purpose for which it was gotten up; and if Mr. Hasselman made any remark about that in your hearing, you may state it?-A. I did not hear

him make any remark about the purpose of the ticket, but, as I said to you, I was not at the window all the time.

Q. State if anything was said by Mr. Hasselman there that day to Mr. Ross Clark about the purpose for which that ticket was gotten up?-A. As I stated, I did not hear him make any remark about the purpose of the ticket at all.

Cross-examination by Mr. WILSON:

Q. You say you were on the challenging committee?-A. I was on the challenging committee and a member of the executive committee.

Q. How many men did you have on the challenging committee?--A. Four or five. Q. What were their duties?-A. We had some to check the names as they were voted, and we had some that we would notify if we had an doubts about the eligibility of a voter to object and challenge his vote; and we had others to watch the proceedings around the polls; and we had another very important one to look after our colored men. We always have trouble with those colored men, and they most always challenge them at our poll irrespective of whether they know them or not.

Q. You said you heard Mr. Clark and Mr. Hasselman that day talking?—A. I did frequently.

Q. What were they talking about?-A. They were wrangling over a vote generally. Q. Do you recollect whose vote?-A. No.

Q. You don't recollect any man's vote?-A. No, sir; they wrangled a good many times. I don't recollect any one vote.

Q. You don't recollect any one's name that they were wrangling over ?-A. No, sir. Q. Were they colored men?-A. Sometimes they were colored men.

Q. Is that all you heard between them-wrangling about votes? You did not hear a word about that ticket?—A. I don't remember of hearing anything about the ticket during the election.

Q. Didn't you hear Mr. Clark at that precinct at that election object to the character of those tickets, and get into a conversation or discussion with Mr. Hasselman about the ticket, and where they came from, and what it was gotton up for ?-A. I said I did not remember that conversation, but as I said to you before, there were many times when I was not at the window. I was about the poll all day.

Q. Did you see Senator McDonald drive up there, or did you see him at that precinct that day -A. Yes, sir.

Q. Did you hear him say anything about that ticket at that precinct that day?—A. I don't recollect whether he made any remark about the ticket or not.

Q. Did you see him go to the window at that precinct, and as a matter of fact, did not he go to the window at that precinct and talk about this ticket to the inspector and others, and object to the character of the ticket?-A. As I say, I don't remember of him doing that. He may have done it.

Q. Is not that the precinct where Senator McDonald votes?-A. Yes, sir; he was not there very long. He was there two or three times during the day.

Q. Did you say you were not there when he was there?-A. I said I remembered of Lim driving up to the polls, I think in the forenoon and afternoon both.

Q. Were you there when he went up and talked with the officers, or did you see him go up and talk with the officers ?-A. I don't recollect. I heard him talking very frequently to his challengers and men that would meet him at the curb-stone, but I did not hear anything that was said, because I did not go there to see him.

Q. He seemed to take a good deal of interest in that election ?-A. Of course he did. Q. You don't know what he said?-A. No, sir.

Q. You did not see him go up to the ballot-box?-A. I remember once I saw him go toward the window.

Q. How far were you from the window ?-A. I was around the corner at our side. Q. What distance?-A. I cannot say exactly; perhaps two rods.

Q. You did not hear what he said?-A. No, sir. I was not around there trying to catch what they were saying. I did not do that.

Q. Do I understand you to say that you never heard any comments or complaint about this ticket?-A. As I said distinctly, I don't recollect during the election there of hearing any one say anything about it, or make any complaint about the character of that ticket.

Q. Dia you hear any Republican speak of the character of the ticket ?-A. I spoke of it myself.

Q. What did you say ?-A. I said it was stiff.

Q. What else did you say?-A. Nothing.

Q. Did you call Mr. Hasselman's or anybody else's attention to the peculiar character of the ticket?-A. No, sir.

Q. You did not talk with Hasselman there?-A. I talked with him very often, but not about the ticket.

Q. Did you say anything about the elasticity or springy character of the ticket?A. No, sir. I simply made the remark that that was a stiff ticket.

Q. Who did you make that remark to?-A. I don't know that I made it to any one particularly. That was when I first got hold of it in the morning.

Q. Didn't others comment on that ticket?-A. I don't recollect of their commenting upon it.

Q. As a matter of fact, do not you know that that ticket was talked about and criticised all over this eity from the time it made its appearance at the polls up to the present time?-A. I don't know that. I know since the election there has been a great deal of talk back and forth about that ticket, but during the election I don't remember of hearing anything said about it except what I said myself, and that was that it was a stiff ticket.

Re-examination by Mr. PEELLE:

Q. That talk has principally been by those who have been defeated upon the Democratic ticket in this county ?-A. A good deal of it.

Recross-examination by Mr. WILSON:

Q. Have you heard any Republican condemn the character of the ticket?-A. I have not heard any Republican condemn it.

(Objected to as not cross-examination.)

Q. Do you know who challenged these Republican voters about which Mr. Hasselman and Mr. Clark were speaking?-A. Oh, there was quite a number that did challenging on the Democratic side.

Q. I am talking about the Republican side.-A. I don't think there was a voter challenged by any of our men. I don't know of any.

Q. As a matter of fact, did not Mr. Hasselman and others challenge colored voters there that day that had Democratic tickets in their hands?-A. They may have done it, but I don't recollect it.

Q. And they may have talked about the ticket when you did not hear them?-A. I have heard so much of it since that if there had been any conversation in my hearing during the election, I think I would remember it. Of course there may have been, but my best recollection is that I did not hear it.

Questions by Mr. PEELLE:

Q. I will ask you if you can state the names of the colored men that were challenged there?-A. I cannot state their names.

Q. Do you know any of them?-A. I know them when I see them, but I don't recollect their names. There were quite a number of them, and we always have to swear them in; the Republicans do at every election.

Q. Who was inspector at that precinct?-A. I think Mr. James C. Yohn was at that election.

Q. Who is James C. Yohn?-A. A resident of that precinct, and he has been a resident of Indianapolis ever since I have been here.

Q. How old a man is he probably?—A. I should think him very near 60. I think he was. I don't know his age.

Q. State if during that election Mr. Yohn by signs, winks, nods, or by the manner in which he held his ticket, gave any sign to the challengers outside by which they might know what kind of a ticket was being handed in to the inspector.

(Objected to as leading and not proper or lawful re-examination.)

A. No, sir; not to my knowledge or recollection.

Q. I mean did you notice anything of that kind?-A. I did not notice that, but there only being three or four on that executive committee, I would think if there had been such an arrangement I should know of it.

Q. Was there any arrangement, agreement, or understanding that Mr. Yohn should be guilty of anything of that kind as inspector at that election-A. There was not to my knowledge, and I don't believe he would be a party to any such an arrangement. (Objected to as not being responsive to the question.)

ROBT. E. SMITH.

CHARLES A. DRYER, being first duly sworn, testified as follows:

Direct examination by Mr. PEELLE:

Q. State your name, age, and residence.-A. Charles A. Dryer; age thirty; residence 268 Central avenue, Indianapolis, Ind.

Q. What is your occupation?-A. I am an attorney-at-law.

Q. How long have you been practicing law ?—A. About seven years.

Q. In this city?--A. Yes, sir.

Q. State if you attended the election in this city in November, 1832?-A. Yes, sir.

Q. Were you at any of the wards or precincts in this city ?-A. Yes, sir.

Q. What precinct and ward?-A. I was at several. I was particularly at the 6th ward and 2nd ward; at both precincts of the 6th ward, and at the southern precinct at the 2nd ward.

Q. As a matter of fact, I believe you voted at Irvington ?-A. Yes, sir.

Q. What portion of the time were you in the city here that day?—A. I was here from one o'clock until the time the polls closed.

Q. Did you take any particular part at the election in this city?-A. I was at the polls doing what I could for the Republican ticket.

Q. Did you observe the tickets as they were being voted?-A. Yes, sir.

Q. Take this ticket headed "Republican ticket," and marked "Exhibit A" to the deposition of Mr. Holliday, and state if that was the ticket used by the Republicans in this city on that day?-A. Yes, sir; I think it is.

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 whether that was the ticket used by the Democrats ?-A. Yes, sir; I think so.

Q. State if that Republican ticket is folded as tickets are ordinarily folded by voters, if it could be told or distinguished from the Democratic ticket when similarly folded, both being folded with the names inside, by sight.-A. No, sir; I do not think it could in the hands of the voter.

Cross-examination by Mr. WILSON:

Q. Where did you reside at the time of the election?-A. I resided at Irvington. Q. How far is that from the 6th ward?-A. It is about four miles, or four and a half.

Q. How far is it from the 2d ward about the same distance?-A. About the same. Q. You say you came in at one o'clock that day and stayed until the polls closed?— A. Yes, sir.

Q. And you went around to those precincts that you have named -A. Yes, sir. Q. Did you do any challenging that day?-A. Not in the city, no, sir; I was not on any challenging committee.

Q. Did you handle Democratic tickets that day ?-A. Yes, sir.

Q. Did you handle Republican tickets?-A. Yes, sir.

Q. Can you tell the difference between those tickets, and did you by handling them -A. Yes, sir.

Q. Those tickets are different, are they not?-A. Yes, sir; somewhat.

Q. Is there not a good deal of difference?—A. It is owing to what you mean by "a good deal." I can say there is a difference in handling the tickets. One is stiffer than the other.

Q. And thicker than the other?-A. Yes, sir.

Q. More polished and harder than the other?-A. I do not know about the "polish" part, but about the stiffness, it is stiffer than the other.

Q. Stiffer, harder, and thicker; this Republican ticket has those characteristics?— A. Yes, sir.

Q. You are a Republican, are you?-A. Yes, sir.

D. V. BURNS, being first duly sworn, testified as follows:

Direct examination by Mr. PEELLE:

CHARLES A. DRYER.

Q. State your name, age, and residence.-A. David V. Burns; 42 years old; 440 North New Jersey street, Indianapolis, Indiana.

Q. What is your business?-A. Practicing attorney.

Q. How long have you been practicing law?-A. Since 1867.

Q. Have you ever occupied any official position in this county ?-A. Yes, sir; I was the district attorney, at one time, of this judicial district, and for a few months I was on the superior bench.

Q. Were you on the superior bench by appointment or election?-A. By election. Q. Were you in this city at the time of the Congressional election, November, 1882-A. I was.

Q. Did you attend that election ?-A. Yes, sir.

Q. What precinct and ward?-A. I was at the south precinct of the 6th ward; I believe that is number 2, but I am not sure about the numbers.

Q. Did you act in any official capacity ?-A. I was one of the judges. Q. I hand you a ticket marked Exhibit A to the deposition of C. F. Holliday, and headed!" Republican ticket," and I will ask you if that was the ticket used by the Republicans at that election, or a similar ticket ?-A. I think that is the ticket.

Q. I 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 used by the Democrats at that election.-A. The ticket has every appearance of being the same that was used at that time. The names are the same.

Q. State if when these tickets are folded with the names on the inside, as tickets are ordinarily folded by voters when they go to deposit their ballots in the box, if you could tell or distinguish one from the other by sight, by looking on at the polls

H. Mis. 23-17

while they were being voted.-A. Do you wish me to give my opinion now, or my recollection of the facts as they were then?

Q. Your recollection of the facts as they were then.-A. As to whether or not I could tell, when they were folded?

Q. Yes, sir.-A. By a critical inspection the difference can be told now the distance of some two or three feet away, but I should say no.

Q. The tickets are ordinarily voted with only one to be observed, are they not?A. At our polls the Democratic politicians were on one side of the chute and the Republicans on the other, and each had their hands full of open tickets, and as the voter came up, one side or the other, or both, handed him a ticket which he had folded in his hand when he came to vote, and by the time he reached the box with it himself he ordinarily held it in his hand. I recollect quite well that I received a number of the tickets, and when I had one in my hand I could tell the difference, but I have no recollection of being able to tell the difference unless it was handed to me. A large number were handed to the voter open, after he entered the chute, from one side to the other, and as to those, we could tell from the fact we saw who handed them to him, and we saw the heading.

Q. The tickets, as they were ordinarily folded in the hands of the voter and being voted, could you tell one ticket from the other by the external appearance of the ticket when folded, by sight ?-A. I have not charged my memory particularly with that. Judging now from the appearance of these tickets I should say not until he had approached sufficiently near to the inspector and handed it to him.

Q. And then you could tell the difference by feeling?-A. Yes, sir; I could tell by feeling it.

Q. Have you ever been judge or inspector of an election in this city before that?— A. Yes, sir; I was, in 1880.

Q. At the State or national election?—A. At both, I think. I am sure I was at the State, and I think I was at the national.

Q. I hand you a ticket headed "Democratic ticket," printed across a flag, and with the words "For governor, Franklin Landers," and marked Exhibit Z to the deposition of Mr. Wildman, and I will ask you to state if that is the ticket used by the Democrats at that State election in 18807-A. I think that is the ticket; that has every appearance of being the same.

(Objected to as immaterial.)

Q. I hand you a ticket headed the "Republican ticket," of the same year, and I will ask you to state if that is the ticket used by the Republicans at that election in 1880.

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

A. I should think so.

Q. Take both of those tickets in your hands and state what is the difference in the probable width of those tickets.-A. The Democratic ticket is about three-eighths of an inch wider.

Q. Look at the difference in the color of those tickets and see if there is a difference in the color of them.-A. The Republican ticket is a little dirtier now than the Democratic ticket. The Democratic ticket seems to be more porous; it is not so finely finished.

Q. That Republican ticket has a finer finish on it, has it not?-A. Yes, sir.
Q. And a smoother surface?-A. Yes, sir.

Q. State if, when those two tickets were folded, if there would not be a more marked difference between them to the ordinary looker on at the polls than there is between the tickets voted at the Congressional election in 1882, similarly folded.-A. The difference in width is noticeable. Yes, sir; there is a difference in the finish that is noticeable. I am unable to say as to that. The Republican ticket of 1882 is more, by reason of its thickness, than the Democratic ticket, whilst that of 1880 Republican ticket is not so white as the other. The difference between them is of a different character.

Q. I now hand you ticket headed “Republican ticket” with the words "For President, James A. Garfield," and marked Exhibit F to the deposition of William Wallace, and I will ask you if that is the ticket used at the national election in 1880 ↑ (Objected to.)

A. Yes, sir; I think it is.

Q. I now hand you ticket headed "Democratic ticket" with the words "For President, Winfield Scott Hancock,” and I will ask you if that is the ticket used by the Democrats at the national election in 1830, if you recollect?

(Objected to as incompetent, irrelevant, and immaterial,)

Q. I recollect the names. I do not just now so well recollect the character of the ticket. In the absence of anything to the contrary, I should say that was the ticket. Q. Note the difference in the length of those tickets, in the width and in the color; what is the probable difference in the width of those two tickets -A. Three-sixteenths of an inch.