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Q. What reason did Mr. Myers give?-A. He thought Mr. Brown ought to be devoting his entire attention to the count for sheriff, and that he could not do both and do justice to both of them, and while he was devoting his attention between the two he was jeopardizing Mr. Lemon's interest.

Q. What was said, if anything, by Mr. Lemon and Mr. Myers about the ability of Mr. Brown to keep a correct count in that way?

(Objected to as irrelevant and incompetent.)

A. I do not know as I can state positively all Mr. Lemon did say in so many words: but he said it was impossible for him to keep the count. Mr. Lemon seemed to think that his interest was being jeopardized by this division of his attention, and the correctness of the count on sheriff, and the figures, &c., were made by two men that the statute provides, or three men that the statute provides-the statute really provides that the county clerk shall keep it; but each one had a tally, and there were three men making tallies and the figures; and he complained about it that Mr. Brown's attention was diverted from looking at the tickets closely on sheriff, for the reason that he was trying to work at both and carry them in his mind, both on Congress and sheriff, and Mr. Myers would say to me that he did not think the count could be correctly kept as to either one of them in that way.

ROSCOE O. HAWKINS.

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

Direct-examination by Mr. PEELLE :

Question. State your name, age, and residence.-Answer. Charles A. Killie; age, 27; I reside at 98 John street, Indianapolis, Indiana.

Q. What is your business?-A. I am corresponding clerk for John B. Stumph, treasurer of the Supreme Lodge of Knights of Pythias.

Q. State how long you have resided in this city?-A. Over 4 years.

Q. Were you at the Congressional election in this city, November, 1882?—A. I was at the polls that day.

Q. What precinct and ward?—A. Third precinct of the seventh ward.

Q. Did you act in any other capacity there?-A. I was Republican committeeman for that precinct, and I acted in the capacity of challenger and handled the poll-book, and done a little of everything. We had a very few workers up there.

Q. How much of the day did you challenge?-A. I challenged all day except probably half an hour at noon.

Q. I hand you a ticket headed "Republican Ticket," marked Exhibit No. 1 to the deposition of Henry C. Adams, and I will ask you to state if that is the ticket used by the Republicans at that precinct that day?—A. I think it was.

Q. I hand you a ticket headed "Democratic Ticket," and marked Exhibit No. 2 to the deposition of James C. Yohn. Was that the ticket used by the Democrats there that day?—A. I think it was.

Q. State if when that Republican ticket is folded with the names on the inside, as tickets are ordinarily folded when voted, if you could tell or distinguish that from the Democratic ticket, when similarly folded, by sight.-A. Well, I do not know whether it could be done or not, but I know that so far as my experience went on that day I did not distinguish any difference between them. I was there all day, and I suppose I saw almost all the votes cast that were cast, and I did not know any difference between them. It might have been possible to distinguish them. I do not know as to that. Q. You could tell the difference by the feeling of them ?—A. Oh, yes, sir; I could probably tell the difference that way.

Q. When folded or otherwise you could tell the difference by feeling, could you not?— A. Yes; I think I could.

Cross-examination by Mr. BYNUM:

Q. The Republican ticket is much heavier than the Democratic ticket, is it not?—A. Yes; it is a heavier ticket. It has a hard finish to it that you can feel.

Q. Can you distinguish the difference between the two tickets by reason of the fact that the Republican ticket is on much heavier paper than the Democratic ticket?—A. As I said before, if I made a special point of that it is possible I could. I could not say as to that; I do not know. I was there all day and I did not notice the difference.

Q. Examining the two tickets now do not you think if your attention was specially called to it that you could distinguish the difference between those tickets even when folded up and being handed to the inspector of election by the voter?-A. Well, that would be according to how close a person was to it.

Q. As close as the challenger ordinarily stands to the ballot-box?-A. It might have been.

Q. Do not you think it could be done?-A. Well, I suppose it could be done in some

cases.

Mr. PEELLE. That is, by a critical and close examination?

The WITNESS. Yes, sir; but with just an ordinary glance I do not think it could be done without paying special attention.

CHAS. A. KILLIE.

The further taking of testimony on behalf of the contestee in this case in answer to the testimony brought out by the contestant is hereby finally concluded.

Notary's fees for taking testimony in short-hand and writing same out, per
diem, &c

Number of witnesses examined, 98, at $0.75 per day.
Letter-press copy of contestant's evidence for contesteee.

STATE OF INDIANA,

Marion County, sct.:

$792 50

73 50

121 00

987 00

I, Paul C. Hendricks, notary public within and for said county and State, do certify that the witnesses whose depositions are hereunto attached were by me first duly sworn according to law to testify the truth, the whole truth, and nothing but the truth relating to matters in controversy in the cause hereinafter mentioned; and that said witnesses were examined according to law, and the foregoing depositions, to which this certificate is attached, were taken and reduced to writing by me, and under my direction by disinterested parties, and subscribed to by said witnesses as aforesaid stated. I further certify that the taking of said depositions commenced on the seventh day of November, 1883, at nine o'clock a. m. of said day, at room 17, Bates Block, on North Pennsylvania street, in the city of Indianapolis, Marion County and State of Indiana, and continued from day to day, as herein before set forth; that the contestor, William E. English, was present in person and by counsel, Mr. John R. Wilson, of the firm of Duncan, Smith & Wilson, and Mr. W. D. Bynum, and that the said contestee was present in person, and was represented a portion of the time by counsel in the person of William L. Taylor and Mr. C. C. Hines, of the firm of Harrison, Hines & Miller. I further certify that the foregoing depositions were taken in pursuance of the notice and agreements of parties hereto attached, and at the time and place therein specified, to be used on behalf of the contestee, Stanton J. Peelle, as evidence in the matter of the contested election for a seat in the 48th Congress of the United States from the 7th Congressional district of the State of Indiana, in which William E. English is contestor and Stanton J. Peelle is contestee. In testimony whereof I have hereunto set my hand and affixed my seal, this 29th day of December, A. D. 1883. [SEAL.] PAUL C. HENDRICKS,

(No. 3.)

Notary Public.

TESTIMONY FOR THE CONTESTANT IN REBUTTAL.

UNITED STATES OF AMERICA,

State of Indiana, Marion County:

In the matter of the contested election for a seat in the Forty-eighth Congress of the United States from the seventh Congressional district of the State of Indiana.

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You are hereby notified that in the above-entitled cause and contest that on the 15th day of December, 1883, beginning at 9 o'clock a. m. of said day, before Paul C. Hendricks, a notary public within and for the county of Marion afores tid, and at the office of Duncan, Smith & Wilson, No. 76 East Washington street, in the city of Indianapolis, Ind., the said William E. English, the contestor in said cause, will proceed to take the

deposition of the following-named witnesses, whose places of residence are set opposite to their respective names, to wit:

Martin Powers, Indianapolis, Ind., 277 S. Penn street.

Wm. M. Hicklin. Indianapolis, Ind., 184 S. Illinois street.

Wm. Buehrig, Indianapolis, Ind., corner Penn and South street.
Michael Clune, Indianapolis, Ind., 700 S. Meridian street.
Fred. Grossart, Indianapolis, Ind., 214 S. Meridian street.
J. T. Magner, Indianapolis, Ind., county court-house.
John J. Curtis, Indianapolis, Ind., Bowen, Stewart & Co.
Austin Dougherty, Acton, Marion County, Indiana.
Charles Stahl, precinct first ward, Indianapolis, Ind.
Edward Mill, Cleveland, Ohio.

John Frantz,
precinct first ward, Indianapolis, Ind.
Rich'd Slater, first precinct second ward, Indianapolis, Ind.
Junius L. Wilson, Indianapolis, Ind., 76 E. Washington street.
John J. Cooper, first ward second precinct, Indianapolis, Ind.
John H. Peggs, Franklin Township, Marion County, Indiana.
Arthur W. Dawson, second precinct fourth ward, Indianapolis, Ind.
Moses G. McLain, Indianapolis, Ind., county court-house.
Irwin Robbins, first precinct fifth ward, Indianapolis, Ind.
Jno. Berans, second precinct fifth ward, Indianapolis, Ind.
Leon Bailey, first precinct sixth ward, Indianapolis, Ind.
Dr. J. J. Cole, first precinct sixth ward, Indianapolis, Ind.
E. A. Brown, first precinct, sixth ward, Indianapolis, Ind.
Chas. Myers, first precinct sixth ward, Indianapolis, Ind.
Geo. F. Kuhn, second precinct sixth ward, Indianapolis, Ind.

Stelhorn, first precint seventh ward, Indianapolis, Ind.
E. L. Haag, second precinct seventh ward, Indianapolis, Ind.
Dr. Field, second precinct seventh ward, Indianapolis, Ind.
Jacob Vorhis, second precinct seventh ward, Indianapolis, Ind.
Dan O'Brien, second precinct seventh ward, Indianapolis, Ind.
Jno. Klein, second precinct seventh ward, Indianapolis, Ind.
Jno. Askins, third precinct seventh ward, Indianapolis, Ind.
Hy. Habing, second precinct thirteenth ward, Indianapolis, Ind.
Sam Corbaly, first precinct fourteenth ward, Indianapolis, Ind.
Wm. Hild, first precinct, fourteenth ward, Indianapolis, Ind.
Rich'd Merrick, first precinct fourteenth ward, Indianapolis, Ind.
Geo. Barnaby, first precinct fourteenth ward, Indianapolis, Ind.
Chas. House, first precinct fourteenth ward, Indianapolis, Ind.
O. T. Bowman, second precinct fourteenth ward, Indianapolis, Ind.
Wm. Moore, second precinct fourteenth ward, Indianapolis, Ind.
Wm. Barnaby, second precinct fourteenth ward, Indianapolis, Ind.
Ben Wilson, second precinct fourteenth ward, Indianapolis, Ind.
Buck Davis, second precinct fourteenth ward, Indianapolis, Ind.
Terrence Murphy, second precinct fourteenth ward, Indianapolis, Ind.
Thos. Oddy, first precinct fifteenth ward, Indianapolis, Ind.
Patk. Manby, second precinct fifteenth ward, Indianapolis, Ind.
A. J. Stevens, second precinct fifteenth ward, Indianapolis, Ind.
Michael Walch, first precinct sixteenth ward, Indianapolis, Ind.
Peter Cosgrove, first precinct sixteenth ward, Indianapolis, Ind.
P. H. McNellis, first precinct sixteenth ward, Indianapolis, Ind.
Dan E. Reagan, second precinct sixteenth ward, Indianapolis, Ind.
Chas. Dantzer, second precinct sixteenth ward, Indianapolis, Ind.
Jacob Fox, second precinct sixteenth ward, Indianapolis, Ind.
P. J. Ryan, third precinct sixteenth ward, Indianapolis, Ind.
Martin Kepple, first precinct seventeenth ward, Indianapolis, Ind.
Wm. Howson, first precinct seventeenth ward, Indianapolis, Ind.
Jas. Leary, first precinct nineteenth ward, Indianapolis, Ind.
Frank Pittman, second precinct nineteenth ward, Indianapolis, Ind.
J. C. Carleton, third precinct nineteenth ward, Indianapolis, Ind.
Peter Spitzfadden, first precinct twentieth ward, Indianapolis, Ind.
Michael Callahan, first precinct twentieth ward, Indianapolis, Ind.
Pat Walsh, first precinct twentieth ward, Indianapolis, Ind.
Hy. Rodewald, first precinct twentieth ward, Indianapolis, Ind.
Michael Beston, first precinct twentieth ward, Indianapolis, Ind.
M. C. Hosbrook, second precinct twentieth ward. Indianapolis, Ind.
Jas. Belknap, second precinct twentieth ward, Indianapolis, Ind.

J. Green, first precinct twenty-second ward, Indianapolis, Ind.
Jno. Vanstan, second precinct twenty-second ward, Indianapolis, Ind.
Adam Bush, second precinct twenty-second ward, Indianapolis, Ind.
Aug. B. Doepper, first precinct twenty-third ward, Indianapolis, Ind.
Geo. Vanderson, second precinct twenty-third ward, Indianapolis, Ind.
Peter Lieber, second precinct twenty-third ward, Indianapolis, Ind.
Fred. Kissel, first precinct twenty-fourth ward, Indianapolis, Ind.
Chas. A. Albertsmeir, second precinct twenty-fourth ward, Indianapolis, Ind.
Wm. Hugo, first precinct eighth ward, Indianapolis, Ind.

Geo. F. Edenharter, first precinct eighth ward, Indianapolis, Ind.
Joe Greinsteiner, first precinct eighth ward, Indianapolis, Ind.
Chas. H. Buel, second precinct eighth ward, Indianapolis, Ind.
Wm. A. Russie, second precinct eighth ward, Indianapolis, Ind.
Wm. Roeder, second precinct eight ward, Indianapolis, Ind.
Geo. F. Miller, second precinct eighth ward, Indianapolis, Ind.
Jos. Neimeyer, second precinct eighth ward, Indianapolis, Ind.
Gil. Dietch, first precinct ninth ward, Indianapolis, Ind.
Joe Dunn, first precinct ninth ward, Indianapolis, Ind.
Jno. Langsdale, first precinct ninth ward, Indianapolis, Ind.
Hy. Derbecker, first precinct ninth ward, Indianapolis, Ind.
Chas. Haugh, first precinct ninth ward, Indianapolis, Ind.
R. O. Johnson, second precinct eleventh ward, Indianapolis, Ind.
Jas. Curtis, second precinct eleventh ward, Indianapolis, Ind.
Louis M. Fay, first precinct twelfth ward, Indianapolis, Ind.
Jno. J. Fay, first precinct twelfth ward, Indianapolis, Ind.
Hilary Clay, first precinct twelfth ward, Indianapolis, Ind.

Jas. Mc B. Shepherd, first precinct twelfth ward, Indianapolis, Ind.
Wm. Hennessey, second precinct twenty-fourth ward, Indianapolis, Ind.
Chas. Doublehoff (N. Y. store), Indianapolis, Ind.

Wm. Broderick, second precinct twenty-fifth ward, Indianapolis, Ind.
Thos. Lacey, Indianapolis, Ind.

Ned Reed, Indianapolis, Ind.
Wm. Hindle, Indianapolis, Ind.

W. A. Thompson, Indianapolis, Ind.

Aldophp Seidensticker, Indianapolis, Ind.

Gabriel Smuck, Indianapolis, Ind.
Dr. W. B. Fletcher, Indianapolis, Ind.
Jno. J. Curtis, Indianapolis, Ind.
Dr. Augustus Green, Indianapolis, Ind.
Wm. A. Sullivan, Indianapolis, Ind.
Lewis Theime, Indianapolis, Ind.
Jno. Roeder, Indianapolis, Ind.
Earl Reid, Indianapolis, Ind.

Jas. Deery, Indianapolis, Ind.

Jno. L. Bramerman, Indianapolis, Ind.

Tim. O'Brien, Indianapolis, Ind.
Jno. Stanton, Indianapolis, Ind.
Parker, Indianapolis, Ind.

J. L. Faught, Indianapolis, Ind.
Emanuel Bruce, Indianapolis, Ind.
Thrush, Indianapolis, Ind.
Elwood Sands, Indianapolis, Ind.
Dan'l Burton, Indianapolis, Ind.
Chas. Pease, Indianapolis, Ind.
Wm. Gerber, Indianapolis, Ind.
Jno. Ried, Indianapolis, Ind.
Geo. C. Stacey, Indianapolis, Ind.
Milton C. Jacobs, Indianapolis, Ind.
D. Webb Thayer, Indianapolis, Ind,
Dr. C. T. Corliss, Indianapolis, Ind.
D. Minick, Indianapolis, Ind.
Jno. Mahorny, Indianapolis, Ind.
Thos. McGee, Indianapolis, Ind.
Albert Farley, Indianapolis, Ind.
Jno. Condon, Indianapolis, Ind.
Ed. Tettenbrock, Indianapolis, Ind.
Will Lyburn, Indianapolis, Ind.

Jno. Porter, Indianapolis, Ind.
York Crowley, Indianapolis, Ind.
Gus. Goulder, Indianapolis, Ind.
Pat. McMahon, Indianapolis, Ind.
Patsy Deran, Indianapolis, Ind.
Butsch McDonald, Indianapolis, Ind.
Wm. E. Read, Indianapolis, Ind.
Smith H. Myers, Indianapolis, Ind.
John Schley, Indianapolis, Ind.
Levi P. Harlan, County Court House.
Danl. A. Lemon, Indianapolis, Ind.
W. W. Spencer, Indianapolis, Ind.
Frank P. Woollen, Indianapolis, Ind.
Jas. M. Cropsey, Indianapolis, Ind.
Jno. Welber, Indianapolis, Ind.

Wm. Schultz, Indianapolis, Ind.

Peter Uhl, second precinct third ward, Indianapolis, Ind.
Jno. McGee, second precinct third ward, Indianapolis, Ind.
Dan. Morunger, first precinct fifth ward, Indianapolis, Ind.
Hy. A. Watters, second precinct fifth ward, Indianapolis, Ind.
Jno. Landers, first precinct sixth ward, Indianapolis, Ind.
Chauncey Aldrich, second precinct seventh ward, Indianapolis, Ind.
Martin Breen, third precinct seventh ward, Indianapolis, Ind.
Jno. Sheirer, first precinct eighth ward, Indianapolis, Ind.
Jno. Helm, second precinct eighth ward, Indianapolis, Ind.
Joe. Deitch, first precinct ninth ward, Indianapolis, Ind.
Chris. Gumph, second precinct ninth ward, Indianapolis, Ind.
Joe. Staub, first precinct tenth ward, Indianapolis, Ind.
Geo. Stout, first precinct eleventh ward, Indianapolis, Ind.
Joe. Becker, second precinct eleventh ward, Indianapolis, Ind.
J. L. Jones, third precinct eleventh ward, Indianapolis, Ind.
Simon Burite, first precinct thirteenth ward, Indianapolis, Ind.
Wm. Johnson, second precinct fourteenth ward, Indianapolis, Ind.
Danl. Vollmer, first precinct fifteenth ward, Indianapolis, Ind.
Geo. Watters, second precinct fifteenth ward, Indianapolis, Ind.
Roman Oehler, first precinct sixteenth ward, Indianapolis, Ind.
Jas. McHugh, second precinct sixteenth ward, Indianapolis, Ind.
Patk. McDonald, third precinct sixteenth ward, Indianapolis, Ind.
And. Oehler, first precinct seventeenth ward, Indianapolis, Ind.
Jno. Maloney, second precinct seventeenth ward, Indianapolis, Ind.
Ed. F. Buscher, first precinct eighteenth ward, Indianapolis, Ind.
Peter Zimmer, second precinct eighteenth ward, Indianapolis, Ind.
Hy. Hahn, first precinct nineteenth ward, Indianapolis, Ind.
Daniel A. Kirk, second precinct nineteenth ward, Indianapolis, Ind.
Wm. F. Piel, third precinct nineteenth ward, Indianapolis, Ind.
Jno. Maple, second precinct twentieth ward, Indianapolis, Ind.
Albert Duckett, second precinct twenty-first ward, Indianapolis, Ind.
Chas. Ott, first precinct twenty-first ward, Indianapolis, Ind.
Hy. Stolte, first precinct twenty-second ward, Indianapolis, Ind.
Lorenz Schmidt, first precinct twenty-third ward, Indianapolis, Ind.
Will Browning, first precinct twenty-fourth ward, Indianapolis, Ind.
Geo. Foster, second precinct twenty-fifth ward, Indianapolis, Ind.
T. B. Thornberg, Landersdale, Morgan County, Indiana.
G. W. Garrison, Maywood, Marion County, Indiana.
Jno. Wilson, Acton, Franklin Township, Marion County, Indiana.
Wm. Pentecost, Acton, Franklin Township, Marion County, Indiana.
W. F. Goodwin, Gallendel, Franklin Township, Marion County, Indiara.
Jessie Avery, New Augusta, Pike Township, Marion County, Indiana.
Thos. Watts, Traders' Point, Pike Township, Marion County, Indiana.
Jno. Wright, New Augusta, Pike Township, Marion County, Indiana.
Luther Johnson, Malott Park, Washington Township, Marion County, In lians
Jno. Pierson, Wayne Township, Marion County, Indiana.
John Johnson, Wayne Township, Marion County, Indiana.

Hy Pence, Wayne Township, Marion County, Indiana.

Carl Von Hake, Clermont, Wayne Township, Marion County, Indiana.
Isaac Grube, Southport, Perry Township, Marion County, Indiana.

Dr. Whitereach, Glenn's Valley, Perry Township, Marion County, Indiana

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