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each one along for each one to see it and handed it right over; I do not know whether we did this in this case or not; I do not think we did; I know we did when Mr. Delzel was on the board.

Q. When was he on the board; at elections previous to this?-A. Yes, sir; I would take it out and I would hand it to Mr. Delzel, and at the same time we would tally by five; we considered it just the same, because we examined each ticket separately; I wanted to see that every man got his due.

Q. State if any complaint or objection was made there that day by Ross Clark, or any one else, to the character of this Republican ticket; and, if so, who it was and how it was.-A. I never heard Ross Clark make any complaint.

Q. Did you hear anybody else -A. No, sir.

Q. Was Senator McDonald there that day?-A. Yes, sir.

Q. What did he do?-A. He came early in the morning, about half an hour after the polls opened; I do not know whether Mr. English was with him or not, but some gentleman was, and called me by name and called my attention to the ticket; that it seemed to be thicker than the other, and to see that those tickets did not go in double; that is the only request he made, and that is the only thing I did look after. Q. What did he state to you?-A. He stated that the ticket that was being votedhe had just discovered it-the Republican ticket was a thicker ticket than the other, and to examine them carefully to see that they were not doubled in being voted and that there were no double tickets voted.

Q. You say he asked you that?-A. Yes, sir; he says "I have all confidence in you, but I want to call your attention to that fact"; that is the only thing I looked after. Sometimes a ticket would come up and I would suspicion it and I thought it was double, and one or two occasions we would require the voter to open that ticket and fold it up again; I did not open it, but in doubtful cases I asked Mr. Lecklider or Mr. Stout, or both, before I put it in the ballot-box, right before the voter, to see that it was not voted double, any ticket that I had any suspicion about; but there was none that were there that were counted, except the one that I spoke of, and I think you will find the tally-books will show that.

Q. Did Mr. Ross Clark get up there at any time during the day and make any complaint, or denounce the Republican ticket in any way?-A. No, sir; not in my hearing.

Q. If it had been done at the polls would you have heard it ?--A. Possibly I would. I was not there all the time, however.

Q. State if, during that election, you gave any sign, wink, nod, or in any way held your ticket so that the challengers might know what kind of a ticket had been handed to you?-A. I did not.

Q. Was there any such arrangement or understanding between you and the challengers -A. There was not; no, sir.

Cross-examination by Mr. WILSON:

Q. Did Senator McDonald say anything to you about the spring-back character of that ticket?-A. I do not remember of his using the word "spring-back."

Q. You do not recollect?-A. No, sir; he called our attention, and he called me by name, as being the first one at the window, to pay particular attention. I have heard the name "spring-back" used so often since that I am not sure about it, but I do not think that he used the word spring-back."

Q. You thought several times they were being voted double?-A. Yes, sir; they were folded very loosely.

Q. And they were so thick?-A. Yes, sir; they were folded loosely. You know a man can bring up a ticket and make it larger than any other man; and they were folded very loosely; and I remember it from the fact of his calling my attention to it. Q. Was Mr. Hasselman there ?-A. Yes, sir; Ott Hasselman.

Q. When you testified as to how the tickets were counted, you testified as to what you in your experience have done?—A. No, sir; at that particular counting out. Q. Your testimony is what you did?-A. Yes, sir.

Q. When you speak of the poll-book and the count corresponding, what poll-book do you refer to-the poll-book kept by the judges?-A. No, sir; the judges did not Keep a book; it is the clerk's poll-book that we had, with the names of the voters and the number of the voters; I have not seen the book since, but my impression is that it was something in the eighteens or nineteens.

Q. And your recollection is it corresponded with the number of votes cast, less the double ticket that was voted for Mr. Peelle?-A. Yes, sir; there was one ticket less.

Re-examination by Mr. PEELLE:

Q. That one ticket less you mean was the double ticket you spoke of?—A. Yes, sir; if we had counted that it would have been one over, but of course we did not count that.

Q. The count, then, corresponded?-A. Yes, sir.

Questions by Mr. WILSON:

Q. You mean, as a matter of fact, that there was one vote less there than the number of names recorded?-A. Yes, sir; that is what I mean to say.

Q. After throwing ont that ballot there was one vote less?-A. Yes, sir; that is my impression about it. I am not positive as to that, because I have never thought of the matter since. I think there was something said about it, but it was when I was in New York, and I did not think anything about it, and have never thought about it since. That is my recollection of the way that the matter came up, and I would say that Mr. Stout and all of us were satisfied it was done right.

Q. When a ticket was handed to the inspector he held it between his fingers?-A. I most always took it in my fingers.

Q. And the name was announced and the clerk would take down the name and the ticket would go in the box?—A. And I would 'always say "voted"; just a regular tally.

Q. During that time all the ticket could be seen by parties?-A. Yes, sir; I held the ticket to show the man that I was not trying to hide his ticket, and I would hold it there.

Q. Between your fingers?-A. Yes, sir; sometimes I would hold it in my hand. I have no particular way of holding it, but just catch it in that way. [Indicating.] I would hold the ticket in the manner in which the man handed it to me.

Q. Usually with the fingers?-A. Yes, sir; so I could just drop it. I suppose they could see it if they wanted to. I wanted the voter to see that I was not concealing his ticket. That was all I cared for.

Questions by Mr. PEELLE:

Q. Did you hear any conversation between Ross Clark and Ott Hasselman that day about this Republican ticket?—A. I did not. I heard them talking a good deal; Ross was talking pretty fierce for awhile. He got pretty angry towards the last, but I heard nothing at all as to that

Q. Did you hear Hasselman make any remark about the fact that this Republican ticket was a scheme, a job, or anything of that kind, for the purpose of beating the Democrats?-A. I did not.

Q. State the best you can what took place with reference to this ticket, if you heard anything.--A. I heard nothing.

Q. Would you have been able to hear it if it occurred?-A. It might have occurredoutside and I not hear it. It did not occur in my hearing.

Q. How long did Mr. Hasselman stay around there?—A. He was there nearly all day.

Q. How far was he from yon?-A. He was not around there all the time. Sometimes he was as far as from here to the fire.

Q. The challenger, as the challenger stood, would be how far from you: three or four feet-A. Yes, sir; it was perhaps farther than that, and sometimes he would be closer.

Q. Closer than three feet?-A. No, sir; but I do not know whether they staid close together. They did not seem to be challenging much,

Q. Did the Republicans challenge anybody there, and, if so, who?-A. I do not

remember.

Q. Do you remember whether the Republicans challenged any votes there that day-A. I do not recollect any; they may have done it.

Q. Did the Democrats challenge any votes?-A. Yes, sir; Ross Clark challenged several.

Q. Were they white or colored meu?-A. They were mostly colored men. One white man he challenged.

Q. Did he afterwards vote?-A. The colored man did not. Dr. Walker made an affidavit, but he did not live in the precinct, and we could not take his affidavit. Q. He did not live in the precinct?-A. No, sir; he lived just across the line. He said to us that he was a legal voter and he would make the affidavit, but Ross Clark raised the question that he was not in the precinct, and they wanted to know if that would not do, and I said, “No; what Dr. Walker knows I do not know, and I never did it in my life, and I would not do it now"; and we did not take his vote.

Q Did Dr. Walker swear in any votes that day?-A. No, sir; because he did not live in the precinct. He came in and made out an affidavit in good faith, and Mr. Stout was disposed to take it, but the law was right square on it, and Clark made the point, and we decided not to.

Q. Did Mr. John Spann swear in any votes that day?-A. Yes, sir; I think he did finally. I know he did.

Q. Do you know anybody else that swore in votes?—A. I think John Spann was the only one.

H. Mis. 23--20

Questions by Mr. WILSON:

Q. Is it not true that Mr. Hasselman and Mr. Clark were talking backwards and forwards at each other there all day?-A. They were talking and joking a good deal as they usually do.

Q. Do you recollect what they were talking about ?—A. No, I don't.

Q. Could not they have talked and discussed that matter about the ticket out of your presence?-A. They might, certainly. I do not pretend to say, and do not say, that I heard all they said.

Questions by Mr. PEELLE:

Q. What was Ross Clark's manner that day in challenging?—A. It was very obnoxious.

Q. Was there any complaint or objection made to it by the Democratic judge (Objected to.)

Q. Was there any objection to his course there made by the Democratic judge, Mr. Stout?

A. At that election or the one since?

Q. At that election.-A. At the last election Mr. Stout did not seem to like just the way he was doing, and reprimanded him very severely.

J. C. YOHN.

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Exhibit No 2 to deposition of James C. Yohn. -Paul C. Hendricks, Notary Public.

DEMOCRATIC TICKET.

Secretary of State,
WILLIAM R. MYERS.
Auditor of State,
JAMES H. RICE.
Treasurer of State,
JOHN J. COOPER.
Attorney-General,
FRANCIS T. HORD.

Clerk of the Supreme Court,
SIMON P. SHEERIN.

Superintendent of Public Instruction,
JOHN W. HOLCOMBE.
Judge of the Supreme Court,

1st Dist.-WILLIAM E. NIBLACK.
Judge of the Supreme Court,
2d Dist.-GEORGE V. HOWK.
Judge of the Supreme Court,
4th Dist.-ALLEN ZOLLARS.

Member of Congress-Seventh District, WILLIAM E. ENGLISH.

Judge, Nineteenth Judicial Circuit,
ALEXANDER C. AYRES.

Judges Superior Court, Vacancies Occurring in 1882,

JOHN A. HOLMAN,

NAPOLEON B. TAYLOR.

Judge Superior Court, Vacancy to Occur in 1884,

FREDERICK HEINER.
Judge Criminal Court,
PIERCE NORTON

Prosecuting Attorney, Nineteenth Judicial Cirenit,

FRANCIS M. WRIGHT.
State Senator,
WILLIAM B. FLETCHER.
Representatives,

JESSE S. WHITSIT,
WILLIAM D. BYNUM,
JOHN C. FERRITER,

JOHN R. WILSON,
ELISHA J. HOWLAND.

Joint Representative marion, Shelby, and

Bartholomew Counties,
BELLAMY S. SUTTON.
Clerk,

ROBERT L. McOUAT.
Sheriff,

DANIEL A. LEMON.
Auditor,

THOMAS H. LITZENBERG.

Treasurer,

ELI HEINEY.

Recorder,

CORNELIUS KELLY.

Coroner,

CHARLES N. METCALF.
Surveyor,

DANIEL B. HOSBROOK.
Commissioners,

First District-RICHARD SENOUR. Second District-HENRY GIMBER. Third District-JOSEPH LOFTIN. (Indorsed:) Exhibit No. 2 to deposition of James C. Yohn.

AUSTIN B. PRATHER, being first duly sworn, testified as follows:

Direct examination by Mr. Peelle:

Q. State your name, age, and residence.-A. Austin B. Prather; 38 years old; residence, Indianapolis, Ind.

Q. What is your occupation?-A. Bookkeeper for W. E. Mick & Co.

Q. What is their business?-A. Real estate.

Q. How long have you resided in this city ?-A. I have resided here, I think, twenty years; 19 or 20.

Q. Did you attend the Congressional election in this city in 18827-A. I did.
Q. What precinct and ward ?-A. First precinct and 15th ward.

Q. In what capacity did you act on that day?-A. I was one of the challengers. Q. What portion of the day were you there?-A. I think the greater portion. Q. I hand you a ticket, headed Republican ticket," and marked Exhibit No. 1 to the deposition of James C. Yohn. I will ask you to state if that is the ticket used by the Republicans at that election.-A I think it was, sir. It was.

Q. I now hand you a ticket headed "Democratic ticket," and marked Exhibit No. 2 to the deposition of Mr. Yohn, and I will ask you to state if that is the ticket used by the Democrats that day.-A. I think it is. It was.

Q. I hand yon ticket, headed “National ticket," and marked Exhibit No. 2 to the deposition of W. O. Anderson, being the State or Greenback ticket, voted in 1882, and I will ask you to state if that is the ticket voted there.-A. I have no positive recollection of this ticket, because I do not think I saw one that day.

Q. Were there any voted at that precinct-A. I think there was one voted, but I did not see it. I do not think I saw a Greenback ticket that day. There was none that I know of around.

Q. I will ask you to state if, when these Republican and Democratic tickets are folded separately with the names on the inside, as tickets are ordinarily folded, when voted they could be told or distinguished one from the other?-A. Well, I do not think they could.

Q. What do you say; could you by sight tell or distinguish one ticket from the other that day as they were being voted?-A. I do not think I could tell if a man came up to put in his vote: I do not think I could.

Q. Did you, as a matter of fact or not, tell how a man was voting from the external appearance of his ticket ?-A. No, sir; I could not.

Cross-examination by Mr. WILSON:

Q. Can you tell the difference between those tickets by handling them?—A. Well, 1 never paid enough attention to it to notice it.

Q. You never paid enough attention to notice?-A. That is, to notice the partienlar material of it.

Q. What is your politics?—A. I am a Republican, generally.

AUSTIN B. PRATHER.

DERK DE RUITER, being first duly sworn, testified as follows:

Direct examination by Mr. PEELLE:

Q. State your name, age, and residence.-A. Derk De Ruiter; age, 39; 144 California street, Indianapolis, Ind.

Q. How long have you lived in this city?-A. 18 years last month.

Q. Have you ever occupied any official position in this city?-A. No, sir; except member of the board of aldermen.

Q. How long have you been a member of that board?-A. Since two years ago the first of May; and I am still a member.

Q. What ward do you live in?-A. 13th.

Q. Did you live there at the time of the Congressional election? -A. Yes, sir.
Q. Did you attend that election A. Yes, sir.

Q. What precinct of the ward?-A. The 2d precinct most of the time; although our voting places are right together, and I was from one to the other; they are just across the street.

Q. Who was the inspector at your particular precinct ?-A. James A Isgrigg. Q. What capacity did yon act in that day?-A. Part of the day I was challenging, and sometimes superintending the wagon and sending out for voters, and such general work as is to be done.

Q. I hand you ticket headed "Republican ticket," marked Exhibit No. 1 to the deposition of James C. Yohn, and I will ask you to state if that is the ticket used on that occasion by the Republicans?-A. Yes, sir; that is the ticket; we have a number of them in our house now; can identify that very readily.

Q. I hand you ticket beaded "Democratic ticket," and marked Exhibit No. 2 to the deposition of James C. Yohn, and I will ask you to state if that is the ticket

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