man to be a voter;" and the policeman on the other side said, “We will make it pretty hot for you if you swear that man's vote in." Q. Did the inspector inquire of Mr. Schoettle whether he knew the man or not?—A. Yes, sir; Mr. Hetherington did. Q. And did not Mr. McDonald say that if the man had satisfactory evidence that the man was a legal voter he was justified in swearing him in ?-A. Yes, sir; I think so. Q. And did not Mr. Schoettle go away from the chute after that?-A. Yes, sir; I think he did. Questions by Mr. WILSON: Q. Mr. Peelle says Mr. McDonald made the statement if a man had satisfactory evidence that a citizen was a voter that would be sufficient to swear him in; and Mr. Peelle says after he said that Mr. Schoettle went away. Did he go away because of that statement, or what caused him to go away?-A. I met him as he came out of the chute, and I says to him to swear that man in if you know him to be a voter; and he says, "I am not going to get into a racket; I am going to quit; this is the second time I have been bulldozed around here;" and he said, “It is no interest to me for the Democratic party;" and he said, "I am not going to take any chances," or words to that effect. Q. You say the affidavit had been made out in that case?—A. I do not know whether it was in this particular case, but he was ready there to swear him in, and he was in the chute, and the question came up as to whether the man that swore the vote in was the judge of the Q. Sufficiency of the affidavit?-A. Yes, sir; and the residence of the man and the legality of the voter; and it was that question Mr. McDonald was called in the chute for. Q. That was after the affidavit was made out?-A. Yes, sir. Q. I will ask you, when you testified in chief about there being two men that were swearing in votes whose affidavits were refused, and you said they were Mr. Schottle and Mr. Wahle, did not they own property in that precinct?-A. I never examined the title, but I presume they did. Q. When you referred in your examination by Mr. Peelle to two parties, some one else who was swearing in votes, who was that; who was the third party?-A. I do not remember now. There was only two that undertook to swear in in our precinct. Q. When you answered Mr. Peelle's question did you have reference to only two, or to this third party?-A. Only to the two. There was only two that I know of that owned property that were expected to swear in votes that were legal voters and no more. Q. Who were they?-A. Schoettle and this other fellow. Q. And were they offering to swear in votes and make out affidavits?-A. Yes, sir; Mr. Schoettle swore in some in the morning-two or three. I cannot say how many. Q. You mean Mr. Wahle when you say "the other fellow ?"-A. Yes, sir; I mean Wahle. I do not think he swore in more than one or two, then he quit. Q. Just now you said the challengers went away, in answer to Mr. Peelle's question; you mean the parties who made the affadavits, and not the challengers?-A. No; I did not say challengers. Q. Yes, you did; you said challengers, but I suppose you meant the parties who made the affidavits.-A. I mean the parties who made the affidavits went away. Mr. Schoettle went away when Mr. McDonald was in the chute. Questions by Mr. PEELE: Q. You do not know anything about the condition of Mr. Wahle there that day?A. He was sober when I saw him. Q. Do you know him?-A. When I see him. Q. Was you there all day?-A. Pretty near all day. Q. Do you know whether he drank any ?-A. I do not know. of Indiana, they are not allowed to drink any on election day. According to the laws Q. Do you know whether he drank any on that day or not?-A. I do not. Q. Mr. Schoettle is a saloon keeper down there right on the corner, across from the voting place?-A. And he is a clever, nice man, too. Q. A Republican, too?-A. I believe he is a Democrat; a Dutch Democrat. Q. Is he not a Republican and was he not paid there that day to stay at the polls? (Objected to.) A. No, sir. He is a Democrat and voted for me in the seventeenth ward for councilman. He told me he did, and they know me to be a Democrat. W. M. HICKLIN. By agreement of the parties the further taking of these depositions was adjourned until Wednesday, December 19, 1883. WEDNESDAY, December 19, 1883. The parties met pursuant to adjournment. WILLIAM BUEHRIG, being first duly sworn, testified as follows: Direct examination by Mr. WILSON: Q. Your age and residence?-A. My age is 38. I live at the corner of South and Pennsylvania streets, Indianapolis, Ind. Q. How long have you lived in this city?-A. About 37 years. Q. Were you in this city in November, 1882, at the time of the Congressional election? A. Yes, sir. Q. Where were you?-A. I was at the polls all day, at the lower precinct, across the street from my place. Q. Were you in the seventeenth ward ?--A. Yes, sir, Q. You were councilman from that ward at one time.-A. Yes, sir. Q. Where is your place of business?-A. No. 49 East South street. Q. How far is that from the precinct?—A. Just directly opposite; a short half-square. The back part of our lot is opposite. Q. Did you attend that precinct? A. Yes, sir. Q. How much of the time was you there?-A. All day. I am generally always there. Q. Did you take any part; are you a worker there?-A. Yes, sir; I generally take that much interest in it at all elections. I have for several years, and I have been committeeman a great many times. Q. Do you know who the inspector of the election was at that precinet?—A. Mr. Hetherington. Q. Can you say whether or not there were any affidavits offered there for swearing in any Democratic voters; did you see any such offered there?-A. Yes, sir. Q. What became of them?-A. Mr. Hetherington would take them and throw them to one side and not pay any attention to them. (This testimony objected to as not rebuttal.) Q. Were the police at that precinct that day?-A. Yes, sir. They acted as challengers that day. (Objected to as not rebuttal.) Q. How many of them ?-A. Two of them. Q. What were their names?-A. Mr. Crane and Mr. Gerber. Q. They acted as challengers?-A. Yes, sir. They took the place of challengers and would refuse to let Democrats vote. Q. What time of day was it you first noticed the inspector refusing any affidavits?— A. The first I noticed of it so particularly was about noon when they commenced and would not let any Democrats vote. Q. Did these men vote whose affidavits were refused?-A. Oh, no; they were put right out of the chute-just pushed right out and told to get away from there. Q. Do you know Captain Splan?-A. Yes, sir. Q. Did you see him there that day?-A. I saw Captain Splan and Captain Campbell and many of the police. Q. How many police ?-A. Outside of Crane and Gerber, I judge there was hardly less than half a dozen there all the time, standing by the chute. Q. Did you hear any conversation between Mr. Frenzel aud any one there?—A. Yes, sir; Mr. Frenzel came down to see what the trouble was down there, and I was on the Democratic side of the chute, and I heard some one, whether it was Crane, Gerber, or Campbell, or Splan-they were standing behind there. I do not know who it was; but Mr. Frenzel was given to understand if he did not get away from there, he would be run in, or something to that effect. (Objected to, as not rebuttal.) Q. Do you know how many voters, on account of the refusal of those affidavits, there were, who did not vote? (Objected to as not rebuttal; and for the further reason that counsel had announced that he was through with the witness, and the contestee had no cross-examination to make.) A. I judge there was 100 or more. From noon on, I do not think we got in a dozen votes; in fact, I asked a dozen to vote, and they said, "What is the use? they won't let us vote." I know individual cases, of men who had lived in the ward a number of years, and they would push them right out of the chute and would not let them vote; and late in the day, when wagon loads of Democrats would come there, they would hold some Republican in the chute and keep him there; and the chute was crowded awhile before the polls closed, and parties that wanted to vote could not vote. Cross-examination by Mr. Peelle. Q. Were there any affidavits made by property-holders there?—A. Yes, sir. Q. How many men were refused to vote who had made the proper affidavit?—A. I know Mr. Schoettle made affidavits. Q. (Question repeated.)—A. How many affidavits the inspector refused to take? Q. Yes, sir.-A. I judge 25 or 30; somewhere along there; or more, perhaps. Q. Who made the affidavits?-A. Mr. Schoettle made some, until they scared him off, and Mr. Wahle. Q. How long was Mr. Schoet tle there?—A. He was there off and on all day. Q. What time?-A. He lived just across the street. He would go home and come right back, or some of us would go over after him to come over, and they would get around him and intimidate him and scare him off, and he would go away again and we would go after him again. Re-examination by Mr. WILSON: Q. I will ask you as to Mr. Wahle. What was his condition there that day; was he drunk or sober?-A. No, sir; he was not drunk. I have known Mr. Wahle for years. Q. You say he was not drunk?—A. No, sir. WILLIAM BUEHIRY. MICHAEL CLUNE, being first duly sworn, testified as follows: Direct examination by Mr. WILSON: Q. How long have you lived in Indianapolis?-A. I came here in the spring of 1864. Q. Were you in this city at the November election 1882; the Congressional election-A. Yes, sir. Q. Where were you?-A. In the 24th ward. Q. What precinct?-A. The second precinct. The farthest one south. Q. I will ask you what capacity you were acting in that day ?—A. I acted as Democratic judge. Q. How long did you stay in the room there where the ballot-box was?—A. From the time I went in, I never was out until everything was signed and sealed up and fixed up. I never was out of the room. Q. I will ask you as to the number of votes in the ballot-box; as to how they cor responded with the number of names on the tally-sheet. (Objected to as not rebuttal; the same witness having testified to the same fact in examination-in-chief.) Q. Who signed the certificate that was made out there of the returns?-A. Each one of signed them. That was the instruction. Q. Was that certificate correct? (Objected to as not rebuttal, because the certificate speaks for itself.) A. Yes; the certificate was all correct; that is, you mean the tally-sheet and tickets, &c.; do I understand you? Q. Did the number of tickets that you took out of the box and put in the bag, and sealed up, correspond with the number of votes you had on your tally-sheet?—A. Yes, sir; the ones that we registered were all correct; we had the same count. Q. Did the number of tickets that you placed in the bag and sealed up correspond with the number of votes you certified up as voted for Congress? (Objected to as not rebuttal.) A. According to the number we filed on our string they corresponded exactly with the tally-sheet, as far as we knew. Q. You mean the number you put on the string corresponded with the tally-sheet ? -A. Yes, sir; the number of votes cast. Cross-examination by Mr. PEELLE: Q. You did not keep the tally of the votes yourself, at all?-A. No, sir; we had a clerk. Q. You simply was the judge?-A. Yes, sir. Q. You do not know whether the clerks gave five votes for Mr. English by mistake, or not?-A. We had clerks on both sides that I think we could rely on. Q. But you do not know but what they might have made a mistake?-A. Of course; I have nothing to say in regard to that; we had clerks on both sides, and I thought the sheet was correct; at least there was no dispute in regard to the count. Q. Did you look at that particularly as to the vote for Congress, or did you look at it as to the vote for the State officers, or county officers ?-A. We generally took it separately. Q. I am confining it to the vote for the State ticket and the county ticket; did they correspond with the number of names and ballots cast?-A. We had no trouble in regard to that. Q. Do you know whether Mr. English had more votes down there than the other candidates?-A. In regard to that I cannot say now. Q. You made no comparison yourself of the vote for Congressman with the number of names recorded?-A. No; I did not. Q. Then, as a matter of fact, you do not know?-A. No more than I can say this, in regard to our two clerks; everything was satisfactory clear through, and every name was put down and was left there, and there was no scratching or scraping Q. How did you ascertain that if you did not know that the number of votes corresponded with the number of names?-A. When it came to be added up everything caine out satisfactory. That is the only way I know. Q. Is it not always the rule that that comparison is made from the State officers and not from the other candidates?-A. That is something I would not be able to say. Q. Is it not true that the clerk would take the State officers, they being less liable to changes than the other candidates ?--A. I suppose when they counted them up they counted each candidate. Q. Each candidate got the votes recorded for him, but when they came to make the comparison with the total number of votes counted with the number of names ou the list, would not they look at the State officers rather than the county officers ?A. In getting it correctly, I think they examined each one. Q. Did they examine as to Congressman to find what the vote was, in regard to the number of names?-A. In regard to taking them out separately I cannot say. There was no dissatisfaction at any time. Q. Do you know what majority Mr. English had at that precinct?-A. I have forgotten the majorities now; I would not be able to state. Q. Did not he have 175 majority at that precinct?-A. I would not be positive. Q. Was it not a little less than 200 majority?-A. I would not be able to state. I could not say. Q. Did not he have a few more votes than any other candidate?-A. That I could not say. Q. You do not remember about that?-A. No, sir. Q. If he had 175 majority A. I know they all had a good fair majority down there. Q. That is a strong Democratic precinct, is it not?-A. Yes, sir; it is a strong Democratic precinct. JOHN WILSON, being first duly sworn, testified as follows: Direct examination by Mr. WILSON: 1. Q. What is your age?-A. I am 44 years old, passed. M. CLUNE. 2. Q. How long have you been in Indiana?-A. About 16 years next spring. 3. Q. Where do you live?-A. New Bethel, Franklin Township, Marion County, Indiana. 4. Q. Were you in that township at the Congressional election in Novnmber, 1882 ?— A. Yes, sir. 5. Q. What precinct?-A. Precinct number one. 6. Q. What position did you hold there?-A. I was inspector. 7. Q. You are a Democrat?-A. Yes, sir. 8. Q. You were township trustee?-A. Yes, sir. 9. Q. I will ask you how did the number of votes for the candidates compare with the number of tickets in the ballot-box; the number of votes, as you had them on the tally-sheets, compare with the number of tickets in the ballot-box in that precinct at that election at the time of closing? (Objected to as not rebuttal.) A. My recollection is that they were just the same. Cross-examination by Mr. PEELLE: 10. Q. What was the vote for Congressman in that precinct?-A. I disremember. 11. Q. Do you know whether that corresponded with the number of names recorded?-A. I think it was the same. 12. Q. Do you know or have you any impression upon the subject?-A. That is my impression; that everything came out just straight. 13. Q. You arrived at that, did you not, by the number of votes counted for the State officers on account of the scratches being less there than anywhere else?-A. No, sir; if my recollection serves me right, our tickets were full. 14. Q. The number of tickets and the number of names corresponded?-A. Yes, sir. 15. Q. What the vote was for Congressman you do not know ?-A. I disremember. 16. Q. And how many tickets there were with no name on for Congress you do not remember?-A. I do not think there was any. There was no ticket with no name on for Congress. 17. Q. How did Mr. English run in that precinct?-A. Mr. English ran, if my mem ory serves me right, about with the ticket. I could not say exactly, because I did not charge my memory with it or expect to keep it. 18. Q. That is precinct No. 1 of Franklin Township?-A. Yes, sir. 19. Q. You don't remember what the vote was for Mr. English down there?-A. No, I do not. I did know. I had it all down at home somewhere, but I disremember just now. CHARLES WEEBER, being first duly sworn, testified as follows: Direct examination by Mr. WILSON: JOHN WILSON. 1. Q. State your name, age, and residence.-A. Charles Weeber; 27 years old; I work at the Woodburn-Sarven Wheel Company, and board at the Germania House, corner of South and Meridian streets. 2. Q. Where were you on the day of the election in November, 1882?—A. I was working at the polls. 3. Q. What precinct?-A. The precinct on South street, by Bryce's bakery. 4. Q. Do you know Mr. Wahle-A. Yes, sir. 5. Q. Was he at that precinct that day?-A. Yes, sir. 6. Q. State his condition as to sobriety that day.-A. Well, he was sober. I think I took him to be a sober man. I did not notice anything about him. I did not notice but he was sober. 7. Q. Do you know Mr. Chris. Schoettle?-A. Yes, sir. 8. Q. Was he there that day?-A. Yes, sir. 9. Q. Who was the inspector at that precinct, if you know ?—A. Mr. Hetherington was one. 10. Q. Do you know whether or not any affidavits were offered in support of Democratic voters to the inspector which were refused? (Objected to as not rebuttal.) A. Yes, sir. 11. Q. Did you see anything of that sort-did you see any such affidavits offered!A. Yes, sir. 12. Q. What became of them?-A. They were refused. I do not know what they done with them; but they would not accept them. 13. Q. Were there any police at that precinct-A. Yes, sir. 14. Q. Did they take any part in the election? (Objected to.) 15. Q. Did they or did they not do any challenging ?-A. Mr. Gerber was there, and he was taking considerable part in the election and helping to challenge and working at the polls generally. 16. Q. Anybody else?—A. I forget now. I believe Crane was there. There were policemen there off and on all day. Mr. Gerber was there, though, and he was working. He was standing with the deputy sheriff-Conway, I believe, is his name-at the side of the chute. Cross-examination by Mr. PEELLE: 17. Q. Did you ever attend an election down there before?-A. Yes, sir. 18. Q. How many times?-A. I have attended the elections there every time they have had an election for about five years. 19. Q. There are always police at the polls to preserve order at times of election!A. Yes, sir; there was always some there. 20. Q. Who was that man whose vote was refused, after he had been sworn in and an affidavit had been made for him?-A. I do not recollect who the gentlemen were; I know there was some refused, and I do not know how many. 21. Q. How many were there refused?-A. I suppose there must have been five or six; I do not know. 22. Q. After affidavits were made out?-A. Yes, sir. 23. Q. Who were they made out by ?—A. Mr. Schoettle made out some and Mr. Wahle made out others. 24. Q. And they were refused by the inspector on the ground that Mr. Wahle was drunk at the time?-A. Yes, sir; that is the reason they were refused by him. 25. Q. Were any of Mr. Schoettle's refused?-A. Yes, sir. 26. Q. How many?-A. Two or three. 26. Q. On what ground?-A. On the ground that he would not swear that he knew the man six months. 27. Q. Did he say he did or did not know him?-A. He knew him, but he did not know him that long. 28. Q. And Mr. Schoettle himself refused to swear him in. Did not he refuse to swear him in when he was informed that the man had to be a resident of the State for 6 months 7-A. He went there to swear him in, but Mr. Hetherington told him he |