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Q. You say that that paper upon which the Republican ticket is printed there is not the kind of paper that is kept at all in stock?-A. Not, as much as I know about the paper business.

Q. You claim that it is not kept in stock here in town ?-A. I never found it in town at any dealers.

Q. Do you know the name of that paper?--A. As I said before, it is what I would consider thin bristol-board.

Q. Did you have any wager or bet upon the result of the election last fall?–A. No, sir.
Q. Not on any one?--A. No, sir.
Q. You stood at the polls all day?-1. I do not think I left them five minutes all day.
Q. You were challenger there?-A. Part of the time.

Q. Do you know of any one who was deceived or misled in voting in consequence of the Republican ticket being on that kind of paper?-A. I cannot say as to that, because I was right at the chute there, and such exclamations, if there were any made, were made outside.

Q. Do you know of any one who would have voted different if the Republican ticket had been printed on the same kind of paper as the Democratic ticket was printed on?A. No, sir.

Q. What was the name of the inspector of that precinct?-A. Barton W. Cole.

Q. You say you called his attention to the ticket?-A. I called his attention to the fact that he was letting his friends, his Republican friends, know how the people were voting. I did call his attention to it because he was letting his Republican friends know how they were voting.

Q. How was he doing it?-A. Part of the time by nodding, and partly open, if he was asked.

Q. I understand you to say you called his attention to the fact that these tickets were illegal?--A. No, sir; I said that his manner was illegal.

Q. Was there any complaint made to the board there that day about the character of the Republican ticket?-A. There was some talk, but nothing official. Q. They were counted without objection?-A, I was not inside.

HARRY 0. THU'DIUM. The further taking of these depositions was, by consent of both parties, adjourned until Monday, October 8, at 10 o'clock a. m.

MONDAY, October 8, 1883. Parties met pursuant to adjournment. CALVIN F. DARNELL, being first duly sworn, testifies as follows:

Direct examination by Mr. WILSON, attorney for Mr. English: Question. Your name and age? - Answer. Calvin F. Darnell; my age is 50 years. Q. Where do you reside?-A. No. 738 North Illinois street, Indianapolis. Q. How long have you lived in Indiana?-A. Fifty years. Q. Have you held any office?-A. Yes, sir.

Q. State what office.-A. I have held the office of county recorder, and, I guess it would be called an office, as councilman.

Q. Were you at the last election here for Congress that took place on November 7, 1882, in this city?-A. Yes, sir.

Q. Did you attend that election ?-A. Yes, sir; I was at that election.

Q. Did you act in any official capacity at that election; were you on the board ?-A. No, sir; I was not on the board.

Q. Did you stay at the polls all day?-A. Yes, sir,
Q. Was you a challenger?--A. Yes, sir.
Q. What precinct was that?--A. It was precinct No. 1, in the third ward.

Q. Did you see the ticket voted by the Democrats and Republicans on that day?-A. Yes, sir.

Q. I call your attention to Exhibit B to the deposition of Mr. De Vay, and I ask you if that was the ticket used by the Republicans at that precinct on that day.-A. It is; or one similar to it.

Q. I call your attention to the ticket headed “Democratic Ticket,' and indorsed on the back as Exhibit C to the deposition of Mr. De Vay, and will ask you if that is the ticket that was used by the Democrats on that same election.-A. I should say that it was, or one similar.

Q. You say you were challenger ?-A. Yes, sir,

Q. How far were you standing from the ballot-box; how many feet?-A. Two or three feet.

Q. You had a chute up there for voters to pass up?-A. Yes, sir.

[graphic]

Q. How close did the voters pass to you as they would go up the chute to vote?A. It was a chute I guess about that wide-about two feet. I made the chutes and I think they were about two feet wide, and it had a side right along it, and we rested our elbows on it, and the Democrats on the other side.

Q. When the voter would pass up and hand his ticket to the inspector and the inspector would place it in the box, standing where you were could you see the ticket?A. Yes, sir.

Q. Could you tell whether the ticket was a Democratic or Republican ticket as you saw him go to the box and hand it to the inspector and the inspector put it into the box?A. I guess I could.

Q. How?-A. In the first place, I thought the Republican ticket was a little wider than the Democratic ticket; secondly, I judged it by the thickness of the paper.

Q. What are your politics ?-A. I am a Republican.
Q. Were you acting as challenger for the Republicans that day?-A. Yes, sir.

Cross-examination by Mr. PEELLE:
Q. Did you vote for a candidate for Congress at the last election ?-A. Yes, sir; I think
I did. I voted the ticket without being scratched.

Q. I do not ask you to state how you voted. You have frequently been challenger up there in that precinct in the third ward ?-A. Yes, sir.

Q. I will ask you if you have not always been able to tell the Democratic from the Republican ticket up there as a challenger and as a close observer?-A. Yes, sir; on several occasions I could. There was one time in particular I recollect, because the Democratic ticket was so very thin.

Q. When was that?-A. I disremember when that was.
Q. Can you state about how long ago it was?-A. No; I cannot.
Q. Was it in 1878 ?-A. I would not be positive about that.

Q. The Democratic ticket was so thin that the print could be seen through it when it was folded ?-A. I don't recollect how that was now. It has been so long ago. That was one of the signs I had to go by.

Q. You, as a challenger there, have always been very active and very scrutinizing of the tickets when they went in ?-A. Yes, sir.

Q. And by that close examination you have always been able to tell, have you not, Very nearly every ticket that went to the inspector, and how they were voted ?-A. I could not say at all times. I remember that one time in particular, but to say when that was I could not.

Q. You say that the Republican ticket was a little wider than the Democratic ticket.A. I thought it was. I never measured them in my life, but I thought so.

Q. What was the color of the Republican ticket?-A. White.
Q. Plain white?-A. I guess so.

Q. I will ask you to take that ticket, marked Exhibit D and made a part of the deposition of Mr. De Vay, and headed “National Ticket,'' and I will ask you to take the Demo cratic ticket also, and state if there is not some difference between those two tickets. – A. One appears to be a little firmer in the paper.

Q. I will ask you if that Democratic ticket is not heavier than the National, and if it is not a finer-finished paper.-A. I am not a judge of paper, but I would think it was heavier paper.

Q. I will ask you if you would not be able, as challenger, with your close examination and observation, to detect those tickets when they went into the box.-A. I cannot answer that question.

Q. When they were folded ?-A. I knew every Greenbacker there was in my ward, and did not pay any attention to scrutinize those tickets particularly as I would the Democrats.

Q. Don't you know every Republican that votes at your precinct ?-A. I come very near it.

Q. I will ask you if you did not judge of the Republican tickets more by the men that were voting them than you did by the ticket itself ?-A. No; I could not say that I did, because there were some that had moved into our ward that I did not get acquainted with. I know pretty near all the Democrats in the ward, but there were some few Democrats that day that I did not know.

By Mr. WILSON:
Q. Was there any doubt in your mind that day as to how the colored people might
Vote at your precinct ?

(Objected to as leading.)
A. Oh, there always has been doubts.

CALVIN F. DARNELL.

[graphic]

AUSTIN H. BROWN, being first duly sworn, testified as follows:

Direct examination by Mr. Wilson, attorney for Mr. English: Question. State your name, age, and residence. - Answer. Austin H. Brown; 55 years years of age; I reside in Indianapolis.

Q. How long have you lived in Indianapolis ?-A. I have lived here for the last thirtythree years; I came here forty-six years ago, and I was absent five years.

Q. Have you held any official positions; if so, what?-A. Yes, several. I was State printer, printer to the last constitutional convention, county auditor and county clerk, collector of internal revenue, and I was in the city council for thirteen years prior to 1876, and am now a member of the school board, of which I have been a member for the past twelve years. I believe that is all.

Q. Were you in the city of Indianapolis at the time of the Congressional election, November 7, 189); and if so, did you attend that election?-A. Yes, sir; I was, and I attended that election and voted.

Q. State, if you know, how many election precincts there were in Indianapolis at that election.—A. There were fifty-six in Indianapolis.

Q. State, if you know, in how many of these precincts the inspectors of the election were Republican in politics, and how many Democratic.

(Objected to as immaterial.)

À. There were fifty-four that had Republican inspectors, and there was one at which the township trustee was inspector—that is all that was Democratic; and there was one at which there was a National inspector, one of the precincts in the seventeenth ward.

Q. State, if you know, at how many of these precincts a majority of the election board were Republican in politics?

(Objected to as immaterial.)

A. All but two. The one at which the National inspector was was equally divided. Mr. Kitz's had one Democrat, which gave them the majority.

Q. If you know, please state whether there were many persons in the city on the day of said election who were office-holders under the General Government ?

(Objected to as immaterial and incompetent.)

A. There were between eighty-five and ninety United States officers, including employés, clerks, and mail-carriers.

Q. Do you know what their politics were ?–A. They were all Republicans. (Objected to.)

Q. State, if you know, what was the politics or what were the politics of the governor of Indiana and the State officers residing in Indianapolis at the time of the election.

(Objected to as immaterial.) Mr. PEELLE. I want to ask the purpose of this testimony. I want the purpose stated in the deposition itself.

Mr. Wilsox. It speaks for itself.

Mr. PEELLE. I want to know your purpose. I insist that you shall state the purpose for which you introduce this testimony, so I shall know what I have to meet.

Mr. Wilson. I decline to state that any further than it speaks for itself.
Mr. PEELLE. Then I shall anticipate it and meet it in the making of my case.

A. The governor was a Republican and so were all the State officers and all the appointees except the quartermaster-general, who was a Democrat.

Q. State, if you know, what the politics of the county officers of Marion County were at the time of the election.

(Objected to as immaterial.)
A. They were all Republicans.

Q. State, if you know, what were the politics of the mayor and other city officers of the city of Indianapolis at the time of said election.

(Objected to as immaterial and incompetent.)
A. If you exclude the council and board of aldermen they were all Republicans.

Q. Do you know what the politics of the majority of the council and board of aldermen were at the time of the election?

(Objected to as incompetent.) À. Republican.

Q. State, if you know, about the number of men on the police force of the city of Indianapolis at the time of that election and their politics.

(Objected to as immaterial and incompetent.)

A. There were 74, and on the day of the election there was 150 extra policemen in addition.

Q. State, if you know, what the politics of those policemen were.—A. They were all Republicans.

(Objected to as immaterial.)

[graphic]

Q. State, if you know, who were the candidates for Congress voted for at that election from this district, the seventh Congressional district, on the Democratic, Republican, and National tickets, respectively.-A. William E. English on the Democratic, Stanton J. Peelle on the Republican, and Robert W. Medkirk on the National.

Q. Have you had any experience in the paper and publishing business?-A. I am a printer, and learned my trade, and published a newspaper for five years, and had a book and job office connected with it, and am now interested in a monthly periodical for which I buy the paper regularly.

Q. Did you see the Republican ticket voted for Stanton J. Peelle for Congress at that election ?-A. Yes, sir.

Q. Did you see the Democratic ticket voted at that election ?-A. I did.
Q. Did you see the “Greenback" or National ticket voted at that election ?-A. I did.

Q. I call your attention to the ticket headed “Republican Ticket,'' and I will ask you if that is the character of the ticket or the ticket that was voted or used by the Republicans at that election?-A. Yes, sir.

Mr. WILSON. We offer that as an exhibit to the deposition of Mr. Brown and as part of the same, and ask that it be marked and identified.

(The ticket was marked Exhibit F to deposition of Austin H. Brown, P. C. H., notary public, and will be found attached to this deposition as a part thereof.)

Q. I show you the ticket headed “Democratic Ticket,' and ask you if that was the ticket that was voted and used by the Democrats at that election?--A. Yes, sir.

Mr. WILSON. We offer that as an exhibit to the deposition of Mr. Brown and as part of the same, and ask that it be marked and identified.

(The ticket was marked as Exhibit G to the deposition of Austin H. Brown, P. C. H., notary public, and will be found attached to this deposition as a part thereof.)

Q. I show you a ticket headed “National Ticket,' and ask you if that is the ticket used by the Nationals at that election ?-A. Yes, sir. Mr. WILSON. I ask that that be made a part of his deposition and identified.

(The ticket was marked as Exhibit H to the deposition of Austin H. Brown, P. C. H., notary public, and will be found attached to this deposition as a part thereof.)

Q. Did that Republican ticket have any distinguishing mark or other embellishment except the names of the candidates and the offices for which they were voted, and, if so, describe the same?

(Objected to as immaterial and as being a conclusion of law, and because the ticket will show for itself.)

A. It had; in the character of the paper it was printed on.
Q. I ask as to the distinguishing marks and embellishments, if any,
(Objected to as a conclusion of law and immaterial.)

A. The head was engraved a large size with a big R, and with a tail to it and a dash underneath it that distinguished it from the head of the other tickets.

Q. You spoke of the character of the paper. Is that plain white paper ?
(Objected to as a conclusion of law.)
A. It is not, as known to the trade.

Q. What is the character of the material?-A. Well, it is known as lithographic plate paper, used for printing and engraving mainly.

Q. Could you distinguish that ticket as the Republican ticket?
(Objected to as a conclusion of law.)
A. When voted ?
Q. Yes, sir.--A. Clearly; yes, sir. It was much larger in size.

Q. When lightly folded would that Republican ticket remain folded, or was it liable to spring open?

(Objected to as leading.)

A. It would spring back when folded, held between the thumb and finger; it would spring back and the fold would open again, that is, lightly folded.

Q. If another ticket were folded inside that ticket, both being folded before placed together, and thus folded one in the other and dropped in the ballot-box, would the ticket be liable to spring open and separate so as to release the inclosed ticket?

(Objected to as immaterial and incompetent, for the reason that there is no evidence that tickets were so folded.)

A. It could be used that way.

Q. Could you distinguish by sight the Republican ticket, when folded with the names inside, from one printed on plain white paper?

(Objected to as leading, and a conclusion of law.)
A. I answered that before. Yes, sir; I could
Q. Could you distinguish it, when folded, by touching and handling it?
(Objected to.)

A. I think it was a smoother surface than the other, and distinguishable on that account.

Q. Did you ever know such tickets to be used before at any election?
(Objected to.)
A. I never did.

Q. ('ould you distinguish the Republican ticket voted for Stanton J. Peelle from the Democratic ticket voted at that election, said tickets being separately folded and with the names on the inside?

(Objected to.)
A. Yes, sir.
Q. How?-A. By its size and its smoothness.

Q. Could you distinguish that Republican ticket voted for Stanton J. Peelle from the National ticket voted at that election, both being folded with the names inside?

(Objected to as immaterial.)
A. Yes, sir. For the same reasons.

Q. Could you distinguish the Democratic ticket voted at that election from the National ticket, the tickets being folded with the names of the candidates inside?

(Objected to as immaterial.) A. Yes, sir.

Q. The Democratic and National ?-A. I could distinguish either. No; they were very nearly alike. When folded I could not tell the difference.

Q. ('ould you distinguish the Republican ticket from any ticket of like length and breadth that was on either plain white print paper, plain white writing paper, or plain white book paper?

(Objected to as immaterial, and a conclusion of law, and for the reason that there is no evidence that tickets were voted other than those which have been described and made part of the witness's deposition.)

A. I could.

Q. Could the inspector and other election officers tell these lithographic plate tickets even when folded with the names of the candidate on the inside, whether or not the person voting them at said election was voting the Republican ticket?

(Objected to as immaterial and incompetent, and as assuming that the tickets were on plate paper.)

A. They could and did distinguish them.

Q. Could you, when looking on at the polls, at that election, tell these Republican tickets when the voters handed them to the inspector and the inspector placed them in the ballot-box, even when carefully folded with the names inside?-A. They could be distinguished and were made a point in challenging.

Q. State, if you know, how many persons were on the board of canvassers of Marion County that compared and made return of the vote of that county at the election of November 7, 1882, and how many of said board were Republicans and how many were Democrats.

(Objected to as immaterial and incompetent, for the reason that the record will show for itself.)

A. There were 80 in all. There were 56 in the city and 24 in the country, and they were all Republicans except six. One of these was a National and the other five were Democrats--township trustees by virtue of their offices.

Q. Have you any knowledge whether the return of the vote of that election as made by said board of canvassers was correct?

(Objected to as incompetent and immaterial.) A. I have.

Q. How did you obtain that information?-A. By having been a member of the board of commissioners appointed to recount the vote for sheriff on a contested election, and having during that service handled and counted every ballot.

Q. Who had the custody of the ballots from the time of said election until the time of the recount by said commissioners?-1. Under the law they were in the custody of the inspector after the election from the time of closing until the meeting of the board of canvassers on Wednesday, or 10 o'clock of that day, and then they were placed in charge of the clerk of the county, and they were then retained by him until this commission met, and they were turned over by the then clerk. In the mean time there had been a change in the office. Mr. Ransdell had gone out and Mr. McLain had succeeded

him.

Q. What were the politics of these clerks?
(Objected to as immaterial.)
A. Republican.

Q. Were they the supporters of Stanton J. Peelle as a candidate for Congress at that election, if you know?

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