Q. You could not say?-A. I could not say how good he was. I do not know whether he is any better at figures than the ordinary well-educated man.

Q. He is a well-educated man, is he?-A. Yes, sir; I guess he has a good deal of education. I should think so; he writes a good hand.

Q. Has he not had, to your knowledge, a good deal of experience in figures, and has he not been county clerk, and does not the duties of that office require more or less dealings with figures?-A. Yes, sir; if he performs the duties of his office himself; if he has a deputy, it is not very likely he will do very much of that though.

Q. Did he not attend to the duties pretty thoroughly himself?-A. He had a deputy, a cashier that kept his books, Mr. Madden.

Q. Was he not United States collector?—A. Yes, sir.

Q. Would not that require him to learn something about figures?—A. Yes, sir. Q. Was he not auditor of the county, too?-A. The records show that; I did not know him when he was auditor of the county.

Q. Would not that require a man to deal in figures pretty extensively ?-A. Yes, sir.

Q. And would not that require a man in your estimation that was pretty skillful in dealing in figures?-A. Yes, sir.

Q. Do you mean to say that it is impossible for a man skilled in figures not to keep an account of two offices at an election when you are making a recount?-A. Yes, sir; I mean to say that in my opinion a man cannot do it and do it accurately.

Q. Was not Mr. Brown recently selected as expert to go through the county treasurer's books?-A. Yes, sir; but if he was, the gentleman whose books he settled is now being sued by the county to pay back some twenty thousand dollars. It was Mr. Hanway he settled for.

Q. No, sir; it was Mr. Landers.—A. Mr. Landers paid considerable money to the county treasurer on that settlement.

Q. Is it not true that the treasurer of the county paid to Mr. Landers some money?— A. Mr. Landers has paid some money in.

Q. Is it not true that Mr. Brown examined all these books and on his report it was found that the county was indebted to Mr. Landers about eighteen hundred dollars?— A. That I do not know; Mr. Brown was commissioner, as I understand, appointed by the court to hear the evidence in that case, appointed by Judge Holeman to hear the evidence in that case and make his report to the court, and my recollection is that Mr. Brown and Mr. Gelwick made Hanway's settlement with the county and that Mr. Hanway is now being sued by the county for twenty thousand dollars on account of that settlement.

Q. Was it not upon the basis of that settlement that that suit was brought ?—A. That is my recollection. No, sir, I think not.

Q. You were one of the commissioners who counted the votes in the sheriff's contest?-A. Yes, sir.

Q. You, believing that one man could not keep two counts as accurately as one, you paid attention to the sheriff?-A. Yes, sir. I kept no record of the count for Congress.

Q. Did you pay much attention to that count ?-A. No, sir.

Q. Did you count any other township other than Franklin Township?-A. I have answered that I did not.

Q. Do you think Mr. Byram could have kept the count any more accurately than Mr. Brown?-A. No, sir.

Q. Mr. Peelle asked you how many Democratic tickets there were with his name written or pasted on them; was that a guess on your part?—A. That was my best impression.

Q. Was it a guess, or was it really anything more than a guess; and could you give a definite answer in numbers ?-A. No, sir, I could not give a definite answer in numbers, but that is my recollection and my best impression.

Q. What is the impression; would you call it a guess ?-A. You can call it anything you please; I call it an impression.

Q. I will ask you if it is not a guess ?-A. No, sir; because I could guess without being present at the count, but my impression was verified from those gentle.nen in their count.

Q. They counted the votes, as you say you have not done. Do you think your impression could be anything more than conjecture ?-A. Yes, sir; because a person, as I understand it, can make a conjecture without any opinion at all, but he would derive his impression from some information upon the subject, and it was from the information by seeing these gentlemen as they were making the count.

Q. Did you try to charge your memory with the matter?-A. No, sir.

Q. You would make the same answer as to the number of Democratic tickets scratched where English's name was scratched off that you have made to the preceding question?-A. Yes, sir.

Q. And you would make that same statement ?-A. Yes, sir. The figures I have

given on the vote for Congress as to the scratches and changes are given simply from my best impression.

Q. Without having counted them?-A. Yes, sir; without having counted them. Q. Whilst you were giving, as you said, your best attention to the count on sheriff?— A. Yes, sir.

Q. And whilst, you said, one man could not count under the circumstances more than one office ?-A. And do it well; yes, sir.

Q. What was your business in November, 1882↑—A. I was sheriff of this county. Q. You said that Mr. Byram kept count of the vote for Congress. Do you know whether he kept a complete count?-A. Mr. Byram did not keep a count at first; he did not keep a count when we first commenced.

Q. When did he commence; do you know how many precincts had been counted or how many wards had been counted before he commenced ?-A. My recollection is that Mr. Byram did not keep count the first day, and did not commence until the second day we were counting.

Q. Do you know what time the second day he commenced ?—A. I think in the morning of the second day.

Q. Do you know how many wards or precincts had been counted before he commenced-A. My recollection is that Mr. Byram commenced after the 6th ward had been counted.

Q. That is your recollection?-A. Yes, sir.

Q. Is it not true that he commenced with the 10th ward?-A. I say that my impression is he commenced with the 7th ward-commenced with the 6th or 7th. If I thought it was true that he commenced on the 10th ward I should have said so.

Q. I want to see if your memory can be refreshed and see if you cannot recollect, and I will ask you now to refresh your memory and think awhile and see if it was not the 10th -A. I think Mr. Byram commenced to keep count and make memorandum upon the 7th ward. My recollection is we finished the 6th ward on the first day. Q. You say that the board of commissioners, or who was it, made one set of rules as to counting, and this body, appointed by the commissioners, made another. It was the election officers at the various precincts, was it not?-A. The election board at the different precincts did not all rule alike.

Q. Aud the rule of the commissioners appointed to make that count ruled uniformlyf-A. Yes, sir; we tried to rule uniformly, and we all agreed upon every ruling that was made. There was not a dissenting opinion by either one of us on our rules. Q. Do you recollect the number of errors, not the net result of the errors, but the number of errors that occurred on the count of the vote for sheriff?-A. No, sir.

Q. Do you recollect the net difference between the vote that the commissioners found and the aggregate of the vote that the election board returns showed ?—A. I remember that by the returns Mr. Hess had a majority of 12, and the commissioners found him to have a majority of 61. That is my recollection.

Q. I will ask you whether the errors were measured by the difference between 12 and 61, or were there more errors, or is that the net result?-A. Yes, sir; there were more errors, and that is the net result.

Q. About how many errors do you think there were that resulted in giving that net result; were there many or few-A. Oh, there was considerable more than the net

result.

Q. Did you not find errors all along, all the way through, resulting in that net difference of between 12 and 61?-A. No; there were some precincts in my recollection where we made no changes.

Q. Was there a large number of precincts in which there were errors -A. Yes, sir; I think there was in the majority of them.

Q. You say there was a difference in Wayne Township tound when you came to make the count on sheriff, between the vote that was returned by the board from that township and the vote as found by the commissioners?-A. Yes, sir.

Q. Do you recollect how that difference occurred?—A. I can tell you how I was informed it occurred.

Q. I am asking you about how in your count it occurred, if you know!-A. We had no error in the count of Wayne Township, but we found more tallies for Mr. Lemon than there was tickets; more votes for Mr. Lemon than there was tickets, and then there was names on the poll-book, counting the tickets of both parties and the Greenback party together, and deducting Mr. Hess's straight vote, or all of Mr. Hess's votes and all of Mr. Lemon's-deducting all their votes and the scratched ticketsthere was more votes than tickets.

Q. Do you know which way that vote was, or could you tell from that count how the error was, whether for or against Mr. Lemon?-A. Certainly.

Q. How could you tell?-A. By counting the tickets.

Q. You found that there was not the number of tickets that Mr. Lemon claimed— A. That the report of the board showed.

Q. And if you had given him the number that they showed, he have had five votes too many.

A. He would

Q. And added to what Mr. Hess had there would be more tickets than there was names in the box?-A. Counting scratches and the votes there reported.

Q. That was the way you got at it and that was the basis of your statement that Mr. Lemon had more votes given him than he ought to have had ?-A. Yes, sir; and those five votes were deducted from him and the commissioner agreed to that.

Q. State to us again how you went through this process of counting; you counted by 5's-A. Yes, sir; on straight tickets.

Q. Did you take them up and sort them and then count them?-A. My recollection is this: we, Mr. Hawkins, took the tickets off the string a good part of the time and divided the tickets into tallies of 5's as they came off, and Mr. Byram took them and looked at them and passed them to Mr. Brown, and Mr. Brown passed them to me, and I passed them to Mr. Lemou.

Q. From the box or off the string, which was it?-A. They were taken right off the strings.

Q. They were first taken out of the box and then strung?—A. No, sir; they were first taken off the string; the tickets were on the string.

Q. In the boxes?—A. Yes, sir, in the bags; and the bags were opened and the strung tickets were taken out, and the tickets were taken off, and five tickets at a time were handed to Mr. Byram, and sometimes he took five off himself, but most of the time five were handed to him, and my recollection is Mr. Myers and Mr. Hawkins took them off. I know they did until Mr. Lemon objected. At one time Mr. Lemon raised some objection about it, and he said he would just as soon the board would take them off as not, and then Mr. Brown passed them to me, and I passed them to Mr. Lemon, and Mr. Lemon passed them to Mr. Hess, and for a good part of the time Mr. Hess restrung them, and part of the time Mr. Lemon restrung them, when Mr. Hess got tired; and part of the time our bailiff, Mr. Maguire.

Q. What time of day was it that the remark was made by Mr. Brown-I think you said it was made by him-with reference to a recount on Congress?-A. It was after we had finished the count; before we had returned our report.

Q. In the morning?-A. Yes, sir.

Q. Before daybreak -A. Ob, no.

Q. The next morning ?-A. Yes, sir.

Q. Who was present?-A. Mr. Byram, Mr. Brown, myself, and Mr. Hawkins.

Q. Was not some one else present?-A. There was other persons in the room.

Q. Who were they?-A. Mr. Smith Myers, Joe Perry, Frank Woolen, Mr. Lemon, and Mr. Hess, and Sam Maguire, the bailiff.

Q. Were they all there in the room?-A. Yes, sir.

Q. Who was the remark made by?-A. I made the remak myself.

Q. On the vote for Congress ?-A. Yes, sir. No; I think it was Mr. Byram made that remark. Mr. Byram made the remark.

Q. You did not make the remark, then?-A. We were talking at the time. We were all there together, right behind the table, where we were counting, and Mr. Byram and I were talking about it, and Mr. Brown was there, and I forget just which one started the conversation, but we were both of us talking, and Mr. Brown acquiesced in it.

Q. What room was that at; where you had the count?-A. Yes, sir.

Q. Before you left the court-house, after getting through? A. Yes, sir.

Q. And you say Mr. Brown acquiesed in it?—A. Yes, sir.

Q. Did Mr. Brown say anything, or did he just remain quiet?-A. No; he said something. He said he should tell Mr. English there would be nothing gained in a

recount.

it.

Q. That is your impression ?—A. I know it.

Q. You testified in chief that that was your impression?—A. I testify that I know

Q. You testify now that you know it?-A. I do not remember Mr. Brown's exact words, but that was about the remark he made.

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

Q. Were you connected with the Republican county central committee that conducted that campaign?-A. No, sir.

Q. Were you connected with the Republican State central committee?-A. No, sir. Q. The city central committee ?-A. No, sir.

Q. In no way at all?-A. No, sir.

Q. You are chairman of the present Republican central committee?-A. Yes, sir.
Q. Where did you reside at that time in November, 1882?-A. 622 north Alabama

street.

Q. That is the first precinct in the second ward?-A. I forget now which precinot it is. I think it is the second. It is in the southern precinct.

Re-examination by Mr. PEELLE:

Q. I will ask you by way of refreshing your memory if you remember whether or not that precinct in Franklin Township, wheret here was an error against Mr. Peelle, whether you did not delay the count of the vote for sheriff for some time in order that Mr. Brown and Mr. Byram might go over that again ?-A. Yes, sir; and Mr. Brown and Mr. Byram went over the vote and I saw them do it.

Q. That enabled you to get at the error there ?-A. Yes, sir.

Q. I will ask you to state if you discovered some errors in consequence of the width of Mr. Lemon's poster, some tickets that had or had not been counted by the precinct inspector that you counted or refused to count ?-A. There were places where the name of the candidate would be pasted over the name of the other candidate, and the words "for sheriff." It would be pasted over both.

Q. How would they leave it then thus pasted?-A. We did not count the vote at all.

Q. Did some of those errors grow out of the way in which the pasters were put on the ticket -A. Yes, sir.

Q. Was there any Greenback candidate for sheriff in this county in 1882 ↑—A. No, sir; they indorsed the Democratic candidate-that is, the most of them.

Q. Did the Greenbackers indorse Mr. Lemon if you remember 7-A. Yes, sir; there was some of the Republican candidates for judge indorsed by the Greenbackers. Q. Who were the Democratic candidates for judges in 18821 (Objected to as incompetent, irrelevant, and immaterial.)

A. Napoleon B. Taylor.

Q. He was elected, was he not?-A. Yes, sir; and John A. Holman and Fred Heiner. Q. Fred Heiner and John A. Holman ?-A. Yes, sir; Heiner was a candidate against Judge Walker.

Q. Did Mr. Heiner or Mr. Holman make any contest for their election in any way ?—

A. No, sir.

sir.

Q. The Democratic candidate for the criminal circuit court was elected?-A. Yes, sir. Q. The Democrat candidate for civil circuit court was elected, was he not ?-A. Yes,

HENRY C. ADAMS.