this county on the 7th day of November, 1882, but inasmuch as evidence upon that subject was given by Mr. Brown over my objection, I shall now offer evidence simply to meet that evidence, and in case the evidence of Mr. Brown shall be rejected, I then ask that this evidence with reference to the count of votes cast for candidates for Congress shall be rejected also.

Q. I will ask you to state whether or not you were one of three commissioners appointed by the circuit court of Marion County to recount the votes cast for Daniel A. Lemon and James W. Hess for sheriff on the Democratic and Republicau tickets, respectively, cast at the general election held on the 7th day of November, 1882 ?—A. I

was.

Q. Who composed that commission?-A. Mr. Austin H. Brown

Q. (Interrupting). What are his politics?-A. He was known as a Democrat, I believe, and Mr. Adams.

Q. What are his politics?-A. He is a Republican.

Q. And yourself?-A. I am a Republican.

Q. Were you under oath in that count?-A. Yes, sir.

Q. Were you under oath for any other purpose?-A. No, sir.

Q. I mean for any other purpose than that of recounting the vote for sheriff?—A. No, sir.

Q. Was Mr. Brown under oath for any other purpose?-A. Not that I am aware of, sir.

Q. Did you recount the vote for sheriff?-A. Yes, sir.

QAt the time of the couuting of the vote for sheriff did you keep an account and make a note of the votes cast for Mr. Peelle and Mr. English, candidates for Congress on the Republican and Democratic tickets, respectively?-A. I think after the first day.

Q. What ward did you commence that in?-A. I commenced it with the 10th ward.

Q. Did you keep the count from the 10th ward until the final count?-A. Yes, sir. Q. Did yon count all the precincts of the several wards and townships from the 10th ward in the city up to the end?-A. Yes, sir.

Q. What up to that time had been the result, if you know, of the vote for Congressman in the wards from the first to the 9th, both inclusive?-A. Well, I do not know what the result was up to that time, except that in one of the precincts of one of the wards Mr. Brown called my attention to a discrepancy of 9 votes for Mr. English that he had credit with that he should not have had.

Q. Can you state what ward that was in ?-A. I could not, but I think it either the 4th or 6th ward. I am not positive.

Q. That there was a discrepancy of 9 votes there?-A. I think it was 9.

Q. In Mr. Peelle's favor?-A. No, sir.

Q. Now, was there any other that you know of from the 1st to the 9th ward, inclusive?-A. I am not positive, but I have an indistinct recollection that there was a discrepancy of two votes somewhere else.

Q. Who was it in favor of?-A. In favor of Mr. English; I have an indistinct recollection of that; I do not know positively.

Q. Is it your impression that there was two votes counted for him that should not have been counted, or how was it?-A. That is the impression I got.

Q. That there had been two votes counted for him that should not have been?—A. Yes, sir; or, in other words, that the tallies for him showed two more than the tickets in the box showed, or the tickets we had before us.

Q. Have you any recollection of errors occurring in any of the rest of the precincts for Congressman from the 1st to the 9th, inclusive?-A. No, sir; Ido not know of any. Q. You say Mr. Brown pointed those out to you?-A. Mr. Brown pointed one of them out to me, and where I got that impression of the other I do not know.

Q. Was that one of the commissioners, Austin H. Brown?-A. Yes, sir.

Q. You say you counted the votes cast in the several precincts of this county from the 10th ward on ?-A. Yes, sir.

Q. Did you count all the votes that were cast?-A. All the tickets yon mean?

Q. Yes, sir; I mean all the tickets.-A. Yes; I tried to do it-at least all the tickets passed through my hands-every one of them

Q. Who took the tickets out of the box when you were counting them?-A. I did. Q. Were you the first man to take the tickets out of the box?-A. Yes, sir.

Q. To whom did you hand the tickets when you took them out?-A. To Mr. Brown. Q. And Mr. Brown handed them to whom?-A. To Mr. Adams.

Q. What did Mr. Adams do with the tickets?-A. I think, probably, for the first day he strung them, and afterwards he passed them to either Mr. Hess or Mr. Lemon, and they were strung by one of those two gentlemen.

Q. One of the candidates?-A. Yes, sir.

Q. State at whose instance you kept an account from the 10th ward or for candidates for Congress.-A. At nobody's instance but my own.

Q. Did you make any comparison of the votes counted by you with the vote returned by the board of canvassers?-A. At that time, do you mean?

Q. Yes, sir; or since.-A. Yes, sir.

Q. Did you make the comparison with the vote as returned by the board of canvassers? A. Yes, sir.

Q. From the canvass sheet?-A. Yes, sir.

Q. When you would get through counting a precinct, what, if anything, was said by you or Mr. Brown with reference as to how the vote stood for Congressman?—A. Well, I sometimes asked Mr. Brown how the vote stood for Mr. English or Mr. Peelle, how he had it; and sometimes he would ask me how I had it.

Q. What was done at the end of each precinct there, if anything?-A. If our results were not alike, there was frequently corrections made or the work gone over again, and a memorandum was kept to show, and sometimes corrections were made.

Q. Did Mr. Brown make some corrections or not, as you went along?-A. Yes, sir. Q. Did you make some corrections sometimes?-A. I think probably I did, in one or two instances.

Q. What kind of corrections did you make?-A. I could not tell, except I tried to make them compare with Mr. Brown's figures.

Q. How many times were those corrections made?-A. That is a question I could not answer. I do not know.

Q. Was it pretty general, or was it only a few times?-A. It was only a few times. Q. Was there any time when Mr. Brown refused to make corrections to correspond with your count -A. Not that I know of; he never refused to do it; no, sir.

Q. How did you keep the count of the candidates for Congress?-A. I kept a tally of them as I went along.

Q. Did you retain the total vote of each precinct from the 10th ward on?—A. Yes, sir.

Q. Have you any statement made from any memorandum that you then kept ?—A. I have; yes, sir.

Q. In that statement did you take in account all the errors in the wards from 1st to the 9th, both inclusive ?-A. No, sir.

Q. In that statement did you accept the vote as returned by the board of canvassers from the 1st to the 9th, both inclusive ?-A. Yes; I took it as returned as I found it in the clerk's office.

Q. You did not in your statement, then, give Mr. Peelle the benefit of the votes you say Mr. Brown pointed out to you as being in his favor?-A. No, sir.

Q. Have you that statement with you?-A. Yes, sir.

Q. Did you accept the vote as returned by the board in the 2d precinct of the 12th ward-A. Yes, sir.

Q. If you have a statement of that result I wish you would produce it and read it. (Objected to in so far as this evidence seeks to impeach his own witness, Mr. Brown, offered by Mr. Peelle.

Objected to on the ground that a party cannot impeach his own witness under the circumstances.)

Mr. PEELLE. In reply to the objection made, I state that I recalled Mr. Brown to cross-examine, expecting him to return the book containing the count and memorandum which he claimed in his examination-in-chief he had kept.

A. Do you want me to read this?

Q. Yes, sir; you have the statement there, and you can read it.-A. (Witness reading:) "In the contested-election case of Daniel A. Lemon vs. James W. Hess, for the office of sheriff of Marion County, Indiana, I was one of the commissioners appointed by the judge of the circuit court of said county to recount the vote cast on the 7th day of November, 1882, for said Lemon and Hess for sheriff, respectively; and while performing that duty I voluntarily kept the count of the votes cast at said election for Stanton J. Peele and William E. English, respectively, candidates for Congress from the seventh Congressional district of Indiana. All the ballots cast at said election except those from the second precinct of the 12th ward of the city of Indianapolis, as returned by the several officers of said election, passed through my hands, and according to the count made by me, allowing two hundred and ninety votes as returned by the election officers of the second precinct of the twelfth ward of the city of Indianapolis, Mr. Peelle received 12,794 votes, and allowing one hundred and ninety-two votes as returned from the said twelfth ward, Mr. English received 12,207 votes, making a majority for Mr. Peelle of 767 votes as cast in Marion County, Indiana."

NORMAN S. BYRAM.

Q. Have you signed that paper?-A. Yes, sir. Mr. PEELLE. I Dow offer this as part of the evidence of the witness, and ask that it be marked as an exhibit to his deposition.

(The paper will be found attached to this deposition, as a part thereof, and marked Exhibit No. 1. The contestant objecting to its admission as incompetent, irrele

vant, and immaterial, and because it seeks to impeach his own witness, who has testitie on that subject already.)

Q. On about how many Democratic tickets in the boxes you handled was Mr. Peelle's name written or pasted over and voted for Congress instead of Mr. English?-A. That is a question that a man will have to guess at, as to the answer of it; I should think there was between four and five hundred; there were a great many, I think. Q. Did you count the vote cast for the Greenback or National candidate for Congress-A. No, sir.

Q. Do you remember what the vote was as returned for the Greenback çandidate? -A. I remember what the canvass-sheet shows; I think it is 390.

Q. How many Democratic tickets were there in those boxes with Mr. English's name scratched off and no one voted for for Congress ?-A. I would think that there was somewhere from 100 to 150.

Q. How many Republican tickets were in there upon which the name of Mr. Peelle was scratchedff and no one voted for?—A. There was 25 or 30; that would be my judgment on it.

Q. How many Republican tickets were there in the boxes upon which the name of Mr. English was written or pasted over and voted for for Congress instead of Mr. Peelle-A. Well, I do not know; between 25 and 50, I would suppose.

Q. You do not pretend that these several amounts which you have given are accurate?-A. No, sir; that is a matter that I have not thought of.

Q. You are giving them simply as an impression from the tickets that passed through your hands, are you not?-A. Yes, sir; that is all.

Q. What opportunities had Mr. Brown for counting the tickets different from you? -A. He had no different opportunities; the tickets all passed through his hands the same as mine; he handled every ticket there was in the box.

Q. After you?-A. Yes, sir; after I bad them.

Q. In the counting of those tickets of the candidates for Congress, what is your best judgment as to whether or not the count made by you is or is not correct?—A. Well. it was as correct as I could make it under the circumstances.

Q. You were there for another duty?-A. Altogether; yes, sir.

Q. And it was the counting of the votes for sheriff that you paid special attention to, and for which you had been appointed by the court?-A. Yes, sir.

Q. At the conclusion of the count of the ballots for sheriff, what was said, if anything, in the presence of Mr. Brown as to what would be the result on a recount of the votes cast for Mr. Peelle and Mr. English?

(Objected to as purely hearsay and incompetent and irrelevant.)

A. The matter was talked over there among us as to what the result would be in reference to this Congressional vote, and it was said and conceded there by the parties that Mr. Peelle's vote-that the gain for Mr. Peelle would be over the gain for Mr. Hess, or what we gained for Mr. Hess.

Q. That the vote would be larger?-A. That the vote would be larger.

Q. That the gain on a recount would be more than there was on the recount for sheriff? A. Yes, sir.

Q. What was the recount for sheriff?-A. I have forgotten exactly; I think maybe 49.

Q. For the Republican candidate for sheriff?—A. Yes, sir; for Mr. Hess.

Q. Was Mr. Brown present during that conversation?—A. He was in the room; yes, sir.

Q. Who made the statement, if you remember, that the vote for Mr. Peelle would gain?—A. I think I made the statement myself.

Q. What did Mr. Brown say?-A. I do not know that Mr. Brown said anything. All of us were talking there in reference to the matter.

Q. Did Mr. Brown at any time state that Mr. Peelle's vote would be less on a recount?-A. Not that I heard, sir.

Q. How did the vote on the candidate for sheriff stand from the first to the 9th ward, inclusive ?-A. At the end of the 9th ward Mr. Hess had gained two votes. Q. Do you mean that he had gained two votes, allowing for whatever errors may have occurred for and against the several candidates?—A. Yes, sir. There had been losses and gains on both sides, but at that time, at the end of the recount of the 9th ward, Mr. Hess's gain was two.

Q. I understand you to say that at the time of the count of this vote cast for the candidates for Congress you made no comparison of the vote counted by you with the vote as returned or as shown on the tally-sheet?-A. I do not think I did at that time.

Q. Did Mr. Brown?-A. I do not know whether he did or not. We had a newspaper there that we were comparing with.

Q. Did Mr. Brown compare with the newspaper -A. Well, I think so; I am not positive about that.

Q. Was it a table published in the Indianapolis Journal that you compared it with?

-A. I cannot tell you what paper it was published in, but it was in some newspaper tha, had a table published.

Q. Did you compare the table as published, purporting to be the official vote pub lished in the Indianapolis Journal on November 11th, 1880, with the vote as returned by the board of canvassers?-A. Yes, sir.

Q. Did you find the vote as published in the Journal correct?-A. Except in one instance.

(Objected to on the ground that the Journal vote, as taken as a standard by the comparison of the contestee, it would be the best evidence itself of the vote as recorded in the Indianapolis Journal.)

Q. You say it was correct except in one instance-A. Yes, sir.

Q. Was that instance in favor of or against Mr. Peelle?—A. It was against Mr. Peelle.

Q. What precinct or township was that?-A. It was in one of the out townships, but I have forgotten what it was; I think probably it was the first township after we left the city.

Q. What precinct of that township-A. I think it was the first precinct.

Q. Was it the first precinct of Lawrence or Washington Township?-A. Washington Township; I do not recollect exactly.

Q. Do you remember what the total vote as returned by the board for Mr. Peelle was in the 1st precinct ?-A. Yes, sir; 152 votes.

Q. What was the vote as published in the Journal?-A. 151.

Q. Who was present at the time of the counting of those votes ?-A. The commissioners, Mr. Brown, Mr. Adams, and in self, and Mr. Lemon and Mr. Hess and Mr. Tarkington and two gentlemen there that I have forgotten, but they were the clerks. Q. Was Mr. Hawkins present?-A. Yes, sir; Mr. Hawkins was there. Q. Was Mr. Perry present ?-A. Yes, sir; Joe Perry was one of them.

Q. Was Smith Myers present ?-A. Yes, sir; and I think some one else there that represented Mr. Leinon and Mr. Frank Woolen.

Cross-examination by Mr. WILSON:

Q. How many days did it take you to make that recount for the sheriff?-A. We were there 5 days and 4 nights.

Q. What day did you commence ?-A. I think it was on Tuesday.

Q. What hour of the day ?—A. About 9 o'clock, but it was probably nearly noon before we got to the counting.

Q. What day did you stop?-A. We stopped Saturday.

Q. What hour in the day?-A. About 4 o'clock.

Q. On Saturday afternoon?-A. Yes, sir; when we got through.

Q. Were you counting all the time, day and night?-A. We counted all day and part of the night; we did some sleeping, and the first night we counted until 12 o'clock, and the second night, I think, we counted until one o'clock; we did not get through until Monday. We were there over Sunday. We did not commence Tuesday; Thursday is when we commenced.

Q. What day did you commence ?-A. Thursday.

Q. About 9 o'clock, and got to counting along towards noon?-A. Yes, sir.

Q. You quit ou what day?-A. We quit on Monday.

Q. Monday about 4 o'clock ?-A. We got our count through Monday morning about

3 o'clock; two or three o'clock; three o'clock in the morning, I think.

Q. You mean at night ?-A. Yes, sir.

Q. Sunday night at 3 o'clock?-A. It was Monday morning.

Q. You got through about three o'clock on Monday morning, that is, Sunday night in the morning?-A. Yes, sir.

Q. You commenced on Thursday?-A. Yes, sir.

Q. How late did you count, Thursday?-A. Until about 12 o'clock at night.

Q. How late did you count, Friday?—A. I think it was about one o'clock.

Q. How late did you count Saturday night?-A. Between one and two o'clock.

Q. What did you do on Sunday?-A. We counted ballots.

Q. All day? A. Yes, sir; except at intervals when we would take a rest.

Q. How many wards are there in this city?-A. 25.

Q. How many precincts?-A. I do not know how many precincts; I think in the neighborhood of 64; between 50 and 60.

Q. How many precincts in the county, if you know?-A. I do not know.

Q. Do you know how many townships we have?-A. I think there are eight.

Q. Do you know how many precincts we have to the township?-A. I do not, without figuring.

Q. What time of day did you commence keeping the vote for Congressman?—A. I cannot tell you what time of day it was.

Q. What day did you commence ?-A. On Friday, the second day.
Q. You commenced on Friday ?-A. Yes, sir.

Q. In the afternoon?-A. I do not know whether it was in the afternoon or fore noon, or what time it was.

Q. You do not recollect what time of day on Friday you commenced?—A. No, sir; I know it was the second day of our count that I commenced to keep it.

Q. Are you certain that it was on Friday ?-A. I think it was; yes, sir.

Q. Why are you certain it was on Friday ?-A. Because it was the second day we had been counting.

Q. When did you make the discovery you referred to, that Mr. Brown was keeping count?-A. From the time he commenced counting the votes.

Q. You knew it from the time he commenced counting the votes?-A. Yes, sir.
Q. Yet you did not commence yourself until Friday ?-A. No, sir.

Q. And you do not know what time on Friday?-A. No, sir.

Q. Yet you can tell us how late you worked on the various nights?-A. Yes, sir. Q. And how long you worked?-A. Yes, sir.

Q. And you cannot tell us what time Friday, whether it was the forenoon or afternoon, or Friday night, that you commenced keeping count on Congressmen ?-A. No, sir; I cannot tell you the time.

Q. How many precincts did you count the first day?-A. I do not know.

Q. How many wards did you count the first day ?-A. I cannot tell you.

Q. How many wards did you count the second day?—A. I cannot tell you.

Q. How many wards would you count in a day, on an average?—A. I do not know;

I never made any estimate. We counted until it got time to quit, or until we coucluded to quit, and the next morning we commenced where we left off.

Q. You counted in each instance until after 12 o'clock at night?-A. Yes, sir.

Q. And you were counting sometimes until one, and on one occasion until later, you say?-A. Yes, sir.

Q. You say you commenced on the 10th ward to count?-A. The 10th ward.

Q. What precinct in that ward?-A. The first precinct.

Q. You knew Mr. Brown was keeping the count all along?-A. Yes, sir.

Q. And you commenced on the tenth ward? -A. Yes, sir.

Q. Where are the 1st, 2d, 3d, 4th, 5th, 6th, 7th, 8th, and 9th wards located?—A. The 1st ward is located in the northeastern part of the city, and the 2d ward is located just west of it, and the 3d ward is located west of that. The 4th ward is located west and south of the 3d ward. The 5th ward is south of the 4th ward. The 6th ward is east of the 5th ward. The 7th ward is east of the 6th ward. The 8th ward is east of the 7th ward, and comes down to Washington street southeast. The 9th ward is west of the 8th ward, and includes the court-house.

Q. How many of those wards are north of Washington street?-A. All of them. Q. All of these wards that you refer to are north of Washington street that you did not count, with one exception, had a majority of the Republicans on the election board -they all had a majority of Republicans on the election board, and all had a Republican inspector but one?-A. I think they all had Republican inspectors:

Q. All of those you have mentioned have?-A. I think so; I do not know positively, but that is my judgment about it.

Q. Do you recollect what is the political complexion of those wards you named, whether they have Democratic or Republican majorities --A. They have Republican majorities, all of them, I think, except the 8th ward.

Q. Very strong Republican majorities?-A. Some of them; yes, sir.

Q. Is it not true that north of Washington street is considered the Republican portion of town?-A. Yes, sir.

Q. And south of Washington street is Democratic?-A. Yes, sir.

Q. You stated that Mr. Brown called your attention to an error of 9 votes against Mr Peelle; that is, 9 votes which had been counted for Mr. English which ought to have been counted for Mr. Peelle?-A. No, sir; I do not say that.

Q. What did you say?-A. I said he called my attention to a discrepancy of 9 votes that Mr. English was credited with; I do not say positively it was 9 votes. He was credited with some 9 votes he was not entitled to.

Q. Who was entitled to them?-A. There was that many more votes than the proper tickets showed.

Q. Are you certain he said it was 9 votes ?-A. That is my recollection; I am not positive. It was in that neighborhood.

Q. What day was that?-A. That was the first day.

Q. He was keeping the count?-A. Yes, sir.

Q. Is that the ouly erior he called your attention to?-A. That is the only error he called my attention to, I think, except I said I got the impression there were two more votes in some other precinct.

Q. Those are the only two errors he spoke of at all?—A. Yes, sir; that is all, I think.

Q. Did he call your attention to any errors against Mr. Peelle?--A. No, sir; not that I am aware of; not that I recollect of.