ers, was your attention not afterwards called to the fact that you had previously testified in chief in this case that that was plate paper, and you answered: "No; I think not." Is not that true?

(Objected to. The question was: “Did you not testify that it was plate paper?" His attention was not called any further than that.)

A. Yes.

Q. And was you not afterwards handed three tickets headed "Republican ticket," and your attention also called to the fact at the same time that the name of Stanton J. Peelle appeared on said three tickets for Congress; and was it not after an examination of those three tickets with the ticket marked Exhibit No. 6 that you pronounced it plate paper?-A. Yes, sir. As regards comparing the tickets by name, it was something I do not remember-that I did compare the tickets. Between the time I examined the first ticket, Exhibit 6, and that of examining the others, I discovered that I had my blue glasses on, by reason of which caused a dark reflection on Exhibit 6, which accounts for me calling it a cheap grade of paper, and something that we make for posters; afterwards, comparing the three tickets with that of Exhibit 6, I found them to be alike, the last comparison being made without the glasses.

Q. I will ask you if the tickets which you examined prior to the time Exhibit No. 6 was handed to you you did not examine them and state the kind of paper each ticket was printed on with the same glasses which you had on when you answered that ticket No. was a heavy grade of common paper?-A. Part of the time.

Q. Did you or not have your glasses on when you gave your opinion as to the kind of paper this same Republican ticket was printed on when you were examined in chief in this case?-A. No, sir; ordinarily I do not examine paper with glasses; my attention was called to some figures and writing attached to it, and the light being dull caused me to put them on.

Q. What kind of paper is this piece of paper, the speciinen I now hand you headed "Marion County ticket?"

(Objected to as not cross-examination; as new matter.)

A. I would say that was about the same thing as this ticket here-Exhibit No. 6 to deposition of H. C. Adams.

Q. Before you answered what this specimen was, you compared it, did you not, with the Republican ticket which you had previously examined?-A. Yes, sir; I examined that before I compared it.

Q. Did you not also see Mr. English, the contestant, compare the ticket with the specimen which I handed you ?—A. Yes, sir; but it was after I had examined it. Q. But was it not before your answer?-A. I think so.

Q. And was it not his comparison that suggested the comparison to you?—A. No, sir; not by any means.

Q. Can you read without glasses?-A. Yes, sir; ordinarily I do not use them unless it is very fine print and it is night-time. I very seldom use them in my business. Q. What difference is there between what is known as western plate paper and book paper of like weight?-A. Plate paper is made for lithographic purposes and has a higher finish than the ordinary run of book papers. If they are both made of the same weight there cannot be any difference on that point. Plate papers are of different sizes and weights to that of the regular lines of book.

Q. Is western plate paper ever used for printing books on?-A. Occasionally it is. Q. Is it not frequently used for fine book work?-A It is wherein cut-work or plates are used, but for the ordinary run of book printing it is not.

Q. Is it not often used for printing subscription books, and for fine book work?—A. It is used occasionally.

(Specimen shown witness, headed "Marion County ticket," offered as a part of his deposition and Exhibit No. 1.)

By Mr. WILSON:

Q. In answering to Exhibit No. 1 did you compare the names on that ticket with the names on the larger ticket, and did you notice the names?-A. No, sir; I did not notice the names.

(Offered in evidence as Exhibits No. 2, 3, and 4 to his deposition.)

Q. When I asked you the question-in-chief as to the character of Exhibit 6 to Mr. Adams's evidence, you can state about what time in the afternoon it was, and whether the gas was lit?-A. No, sir; the gas was not lit; it was about half past four o'clock. Q. I will ask you whether or not just before answering that question you had not come into the room from out of doors where the snow was on the ground?-A. Yes, sir.

By Mr. PEELLE:

Q. Did your coming in this room from the snow or the lateness of the hour in the afternoon or the fact of your having your glasses on have anything to do with your answer first made to Exhibit 6, or was it, as you have stated, simply that you had

your glasses on?-A. It was owing to me having my glasses on, and being a dari

room.

Q. Did it, being in a dark room, have anything to do with the last answer you made as to what material that ticket was printed on after your glasses were taken off !—A, No; from the fact of not having any glasses on I had a natural sight.

Q. Was the light perfect in the room at the time or was it sufficient for you to give an intelligent answer?-A. The light was sufficient, but could have been much better. Q. Does the Indiana Paper Company of this city, in which you are interested, as stated in your testimony-in-chief some weeks ago, sell paper to the Indianapolis Sentinel Company and to William Y. Burford of this city?-A. I believe they do.

By Mr. WILSON:

Q. You sell to the Indianapolis Journal, the Indianapolis News, and the Times!A. We sell the News and Journal; I do not know whether we sell the Times now of not; we did at one time.

EDWARD MILL.

Exhibit No. 1 to deposition of Edward Mill.- Exhibit No. 2 to deposition of Edward Mill.—

For Joint Representative Marion, Shelby, For prosecuting attorney, Nineteenth JuBoty and Bartholomew Counties,

Exhibit No. 3 to deposition of Edward Mill.— Exhibit No. 4 to deposition of Edward Mill.

SATURDAY, December 22, 1883.

The parties met pursuant to adjournment.

WILLIAM E. NIBLACK, being first duly sworn, testified as follows:

Direct examination by Mr. WILSON:

Q. State your name.-A. William E. Niblack.

Q. State what official position you have held in this State.-A. I am at the present one of the judges of the supreme court of the State, and was for many years a Representative in Congress from the first district in this State.

Q. Are you acquainted with Austin H. Brown, of this county ?—A. I am.

Q. How long have you known him?-A. I have been acquainted with him over 30 years.

Q. Has that acquaintance been simply a passing acquaintance, or has it been such an acquaintance as gave you an opportunity to know him?-A. It has been, a part of the time, rather an intimate acquaintance; I was a member of the legislature of this State when I first became acquainted with him here at Indianapolis, and I became acquainted with his parents about the same time and became very soon recognized as rather a friend of the family, and was in consequence at Mr. Austin H. Brown's wedding, now more than thirty years ago, as I remember.

Q. If you know, you can please state what is his general reputation for truth and veracity in this community, in this city?-A. Entirely good, so far as I am aware; I never heard anything to the contrary against him; I might add, that all the time L have known him he has been always one of the leading and most prominent citizens of Indianapolis, and a man of good reputation and character in all respects so far as I am aware of or have ever heard.

Cross-examination by Mr. PEELLE:

Q. Where is your residence ?-A. Vincennes, Ind.

You are in this city only as your duties bring you here as a member of the supreme court, are you not ?—A. For the last seven years that has been so; I was in the legislature here in 1862–63, and had some official position that kept me here during 1863 and 1864 a great deal of the time, and I have been practicing in the supreme court and in the Federal court here and have been at Indianapolis a great deal of the time.

Q. (Question repeated).-A. For the last seven years that has been so.

Q. Do you know where Austin H. Brown resides?-A. I know where he did reside a few months ago.

Q. Whereabouts?-A. South Meridian street, as I remember.

Q. Were you ever at his house?-A. Yes, sir.

Q. How long ago?-A. About a year ago.

Q. Do you know his neighbors?-A. No; I do not.

Q. Do you know the people in the community in which he lives, or any of them?— A. No, sir; not to any extent.

Q. Is not your opinion of Mr. Brown's reputation based upon what you know of him in former years, rather than what you know now?-A. Well, to some extent it is so; I formerly knew him more intimately than I have latterly; my acquaintance with his reputation is of a very general character, and I have never had any occasion to inquire into it in any way.

Q. Do you know what his reputation is for truth and veracity in the community in which he lives?-A. I cannot say that I have any special information upon the subject; I only spoke of him from his standing and recognized position in the community in various relations; I never heard of his character for truth and veracity discussed in my life, and I have always gone upon the theory that where a man's truth was not challenged it was good-the same as a woman's virtue, where it goes unchallenged I always go upon the assumption it is good; I never inquired into it for a moment, and this is the first time the question was ever presented to me; his position has been prominent here, and I have never heard his reputation challenged. Q. Is not that from the fact that you have not mingled with the people in the community in which he lives?-A. That may be.

Questions by Mr. WILSON:

Q. When you use the word "community" there in the question which I asked, was the community you referred to in the State?—A. I referred to the city generally.

Q. Mr. Peelle's question related, I believe, to the neighbors down on South Meridian street, as you understand it ?-A. Yes, sir; I have reference to them.

Questions by Mr. PEELLE:

Q. I stated the community in which he lived; did you make the narrow bounds of the neighborhood ?-A. I say, I have no special information as to the position in which