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To the Sheriff of Polk County:

You are hereby commanded to make due service of this writ upon said defendant, and hereof fail not, and make return of the writ unto our said district court, with your doings hereon, on the first day of our said district court.

Witness P. D. Aukeny, clerk of said court, and the seal thereof hereunto affixed, this 8 day of Dec., A. D. 1882. [SEAL OF DISTRICT COURT.]

P. D. AUKENY, Clerk.

The within writ came into my hands on the 8th day of December, 1882, and on the same day I served the same on the within-named Buren R. Sherman, governor, J. A. T. Hull, sec'y of state, W. V. Lucas, auditor of state, and E. H. Conger, treasurer of state, sitting as a State board of canvassers of Iowa, by reading the original to them and delivering them one copy, they each waiving individual copies. All done in Polk County, Iowa.

A. D. LITTLETON, Sheriff Fees, $2.60.

Filed

(Indorsed :) Writ of injunction. The State of Iowa to board of canvassers. Dec. 12, 1882. P. D. Aukeny, clerk.

STATE OF Iowa,

Marshall County, 88 : We, the undersigned, members of the board of supervisors and ex officio board of county canvassers for Marshall County, do hereby certify the following to be a true and correct abstract of the votes cast in said county at a general election held on the 7th day of November, A. D. 1882, for the office of Representative in Congress for the 5th Congressional district, as shown by the poll-books returned from the several townships and election precincts : For the office of Representative in Congress there were thirty-four hundred and seventy-six (3,476) votes cast, of which James Wilson received eighteen hundred (1,800) votes, B. T. Frederick received sixteen hundred and seventy. six (1,676) votes.

In testimony whereof we have hereunto set our hands and caused this to be attested by the clerk of the board of supervisors and the seal of said county.

Done at Marshalltown, the county seat of said county, this 13th day of November, A. D. 1882.

GEORGE A. TURNER,

Chairman, R. H. ARCHER,

J. M. GILCHRIST, Members of the Board of Supervisors and ex oficio Board of County Canvassers. Attest: [BEAL.]

A, N. FRENCH, County Auditor and Clerk of Board of Supervisors.

STATE OF Iowa,

Marshall County, 88 : 1, A. N. French, county auditor and clerk of the board of supervisors, do hereby certify the foregoing to be a true and correct copy of the official canvass made on the vote cast for Representative in Congress for the fifth Congressional district in Marshall County, Iowa, as made by the canvassing board, November 13th, 1882. (SEAL.]

A. N. FRENCH, County Auditor and Clerk of Board of Supervisors.

ent.

NOVEMBER 14. The board of supervisors convened pursuant to adjournment. Members all presMinutes of yesterday read and approved. The following was presented and read:

We, the board of supervisors of Marshall County, Iowa, hereby certify the following facts in regard to the canvass of votes cast at the last general election in Taylor Township, in said county, Nov. 7th, 1882. The poll-book of votes cast in said Taylor Township showed that it was attested as a true return by two judges of said election signing their names in proper form and in the proper place, but the name of the third judge, W. H. Steward was written in the following manner, “W.H. Steward, per cl’k," and showed on its face that the returns were not signed by W. H. Steward.

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Two clerks signed the said returns in proper form as clerks of said election. We further certify that the return showed that,

For secretary of State :
John A. T. Hull received 54 votes.
T. 0. Walker received 4 votes.
Wm. Gaston

2
For anditor of State :
John L. Brown received 54 votes.
Wm. Thompson

4 G. A. Watt

2
For treasurer of State:
Edwin H. Conger received 54 votes.
John Foley

4 Geo. Derr

2
For attorney-general:
Smith McPherson received 54 votes.
J. H. Bremerman

4 James Rice

2
For judge of supreme court:
Wm. H. Suvers received 54 votes.
Charles E. Bronson " 4

For clerk of supreme court:
Gilbert B. Pray received 54 votes.
H. F. Brunden

4 E. X. Clark

2
For reporter of supreme court:
Ezra C. Ebersole received 54 votes.
L. A, Palmer

4 J. H. Wilson

2
For district judge, 11th district :
H. C. Henderson received 54 votes.
B. L. Burritt

5 B. F. Frederick

1
For district attorney, 11th district:
John L. Stevens received 54 votes.
Martin N. Anderson 4

Forty-eight votes were cast in said Taylor Township for James Wilson for Representative from the 5th Congressional district of Iowa, and that eight votes were cast at said election for B. T. Frederick, and two votes were cast for David Stubbs, candidates for said office. We further certify that because the said return showed they were not signed by all of the judges of the election in Taylor Township we rejected the vote of said township, and if the same should be counted under the facts shown, the votes above named should be added to the number of votes of each candidate named. The auditor is hereby directed to certify to the State canvassing board the return from Taylor Township as they appear on file in his office.

Done at Marshalltown this 14th day of Nov., 1882.

Moved by Supervisor Archerd that the foregoing certificato be adopted and spread upon the minutes. Motion seconded by Supervisor Gilchrist. On call of the roll Supervisors Turner and Archerd voted ay, and Supervisor Gilchrist voted nay; so the notion prevailed.

The board then adjourned to one o'clock p. m.
I, A. N. French, county auditor for Marshall County, Iowa, and clerk of the board
of supervisors, do hereby certify that the above and foregoing is a true and correct
copy of the proceedings of the board of supervisors relating to the canvass of Taylor
Township vote, had November 14th, 1882.
(SEAL)

A. N. FRENCH,
Co. Auditor and Clerk of Board of Supervisors.

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STATE OF Iowa,

Polk County, 88 : I, P. D. Aukeny, clerk of the district court, Polk County, Iowa, do hereby certify that the foregoing is a full, true, and complete copy of the petition, order for injunction, and return of service in the case of B. T. Frederick v8. Buren R. Sherman et al., as the same appears on file in my office, and that said cause is still pending, and said 'injunction has not been dissolved.

In witness whereof I have hereunto set my hand and affixed the seal of said district court at Des Moines, this 1st day of November, A. D. 1883. [SEAL)

P. D. AUKENEY, Clerk.
WM. D. FOOTE, Deputy.

STATE OF IOWA,

Polk County, 88: I, W. H. McHenry, sole presiding judge of the district court of the State of Iowain and for the 5th judicial district, including the county of Polk of said State, do bereby certify that the official certificate of P. D. Ankney, clerk of the district court of Polk County, Iowa, to which this is annexed, attesting the proceedings and record in the foregoing proceedings pending in the said district court of Polk County, in which B. F. Frederick is plaintiff and Buren R. Sherman, governor, J. A. T. Hull, secretary of state, W. V. Lucus, auditor, and E. H. Conger, treasurer, constituting and sitting as State board of canvassers, are defendants, is a valid certificate of such record, and that the said attestation is in due form of law, and full faith and credit should be given thereto in any court within the United States, and such proceedings are properly authenticated under the laws of the State of Iowa to give them full credit in any court of auch State. In witness whereof I have hereto set my hand this 7 day of November, A. D. 1883.

W. H. McHENRY, Judge. STATE OF Iowa,

Polk County: I, P. D. Ankeny, clerk of the district court of Polk County, Iowa, do certify that the Honorable W. H. McHenry, by whom the foregoing certificate was made and who has therennto subscribed his name, was at the time thereof, and still is, presid. ing judge of the district court, 5th judicial district, Iowa, duly commissioned and sworn, to all whose acts as such full faith and credit are and ought to be given 48 well in courts of judicature as elsewhere.

In testimony whereof I have hereunto set my hand and affixed the seal of said district court at Des Moines, Ia., this 7th day of November, A. D. 1883. [SBAL.]

P. D. ANKENY,

Clerk of District Court. (Indorsed:) Benj. T. Frederick v8. Buren R. Sherman, Gov. et al. Board of State Canvassers. Copy record. Bundle No. 1. B. .T Frederick v. James Wilson.

(No. 2.)

TESTIMONY FOR THE CONTESTANT.

No. 1.

Depositions of witnesses taken in pursuance to an agreement made by and between

the parties hereto so to do, by and before Cassius M. Norton, a notary public in and for Marshall County, State of Iowa, the same to be used in the hearing of a certain contested election case for the office of Representative to the United States Congress from the Fifth Congressional District of the State of Iowa, now pending in the House of Representatives of the United States, wherein Benjamin T. Frederick, of Marshall County, Iowa, is contestant, and James Wilson, of Tama County, Iowa, is contestee, or respondent, on the part of said contestant.

A. N. FRENCII, of lawful age, being produced, sworn, and examined on part of the contestant, testifies as follows:

Int. 1. State your name, age, place of residence, and occupation.-Ans. A. N. French; 45 years ; Marshalltown, Iowa; am auditor of Marshall Co., Iowa.

Int. 2. How long have you been county auditori-Ang. My last term commenced in Jan'y, 1882.

Int. 3. Are you ex-officio olerk of the board of supervisors ?-Ans. I am.
Int. 4. State if you remember of the election returns of Marshall County for the

election of a Representative to the United States Congress being returned to you last fall from the several precincts of Marshall Co., Iowa. —Ans. I do so remember of the returns being made.

Int. 5. In what condition was the returns of Taylor T'w'p, Marshall County, Iowa, when they were returned to you!

(Contestee objects, because the returns are the better evidence.)

Ang. The returns were made in their proper envelope, properly indorsed and properly sealed.

Int. 6. Was the return, after it was brought into your office, taken out of your office by any person, to your knowledge ? (Objected to as irrelevant and immaterial.) Ans. It was not. Int. 7. Did you see the return at any time before it was sealed ?-Ans. I did not.

Int. 8. Did you see the return at any time before it was opened before the board of supervisors ?

(Objected to, same as to No. 6, above.) Ans. I did not.

Int. 9. Who delivered the returns to you ?-Ans. I do not remember whether it was Mr. Strang, or Mr. Adna Fogg, or Mr. Santee; they were all in the office at the time.

Int. 10. Did you have any conversation with any of those gentlemen concerning its return before its delivery; or, was there any conversation in your presence, between them and others, concerning it; and if so, state what it was.

(Objected to same as to int. 6 above.)

Ans. The gentlemen named came into the office and asked advice in regard to signing the return. They had sealed the envelope before signing, and they wanted to koow what they should do. I furnished them a new envelope, and took them into the room adjacent to the auditor's office-being a part of it-and furnished them with writing materials, and advised them to complete their return. I may also add that Mr. Malnusberry, one of their township trustees, was also with them.

Int. 11. What did they do there?-Ans. I left the room then, and do not know.

Int. 12. Do you know whether they removed the envelope from the return as brought in or not; or whether any one did ?-Ans. I suppose it must have been, for when the returns were opened before the board they were signed.

Int. 13. Did you see any portion of the old envelope the return came in after that in the room, or do you know that they used the new envelope that you furnished them to inclose the return 1-Aus. I saw only the envelope the return was made in; I don't know whether it was the old or new one.

Int. 14. Who was in the room besides the trustees and persons you have named at the time you furnished these parties with pen, ink, and a new envelope 1-Ans. I don't think there was anybody in the room; at least I didn't see anyone.

Int. 15. Was Mr. Wm. H. Stewart there at that time 1-Ans. No, sir; I think not.

Int. 16. Was he one of the trustees of Taylor Township at that time 1-Ans. I believe he was.

Int. 17. State how the returns of State Centre Township, Marshall County, Iowa, of the last November election, 1882, for a Representative in Congress were delivered to you, and by whom?

(Objected to as irrelevant.)
Àns. I am under the impression the returns were made to me by mail.

Int. 18. Is that an impression, or are you satisfied that such was the fact ! State what you know of it.-Ans. One township returns, and perhaps more, came through the mails; and I think State Centre was one of them.

Int. 19. What other township in Marshall County sent its election returns for the Nov. election, 1882, to you by inail, if you remember

(Objected to as irrelevant.) Ans. I do not remember.

Int. 20. Did you act as the clerk of the board of supervisors at the time of making the abstract of the election returns of Marshall County, Iowa, and in transmitting them to the office of the secretary of the state ?

(Objected to as immaterial.) Ans. I did.

Int. 21. Have you in your office a copy of the abstract of the votes certified to by the board of supervisors and transmitted to the office of the secy. of state, signed by the entire hoard I-Ans. I have.

Int. 22. Will you make a copy of said abstract, certify to it, and attach it to this your deposition, and make it a part of your testimony ?-Ans. I will.

Cross-examination : X Int. 1. Who were the township trustees for Taylor Township whom you have referred to ?-Ans. Isaac Malmsberry, Wm. H. Steward, and Adna Fogg.

H. Mis. 22—3

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X Int. 2. And who were the clerks of election ?-Ans. R. E. Strang and E. N. Santee I think.

X Int. 3. Was there more than one return from Taylor Township !-- There was not.

X Int. 4. Does your abstract called for by the 22nd direct int. inelude the votes from the whole county ?

(Objected to by contestant as immaterial and irrelevant; abstract being the best evidence.)

Ans. It does not include the whole vote of the whole county.

X Int. 5. Why does it not ?--Ans. The vote of Taylor Township was thrown out by direction of the board of supervisors. X Int. 6. Why was it throwu out! (Objected to by the contestaut because the record is the best evidence.)

Ans. Because the name of Wm. H. Steward attached to the certificate did not appear to be in his own hand writing, and on its face showed that it was not his handwriting

X. Int. 7. What was there on the face of the return showing that the name was not in Wm. H. Steward's handwriting ?--Ans. The return was signed “Wm. H. Steward,

X Int. 8. Did the board of supervisors make a subsequent return of the election in Taylor Township to the sec'y of state ?-Ans. They did.

X Int. 9. Can you produce a copy of that return to be attached to your deposition; and if so, will you do so

(Objected to as incompetent and because the board of supervisors cannot make a second return.)

Ans. I can make a copy, and will do so.

X Int. 10. How many votes did the contestee, Mr. Wilson, receive in Taylor Township that were not put in the abstract sent the first day to the sec'y of state, as shown by the return from that township?

(Objected to as not the best evidence, irrelevant, and immaterial.) Ans. Mr. Wilson received forty-eight votes.

X Int. 11. Was the fact that Wni. H. Steward's name was followed by the words “per clerk” the only reason for rejecting that township by the board ?-Ans. I heard of no other objection.

A. N. FRENCH.

per cl'k."

Subscribed and sworn to before me and in my presence by the said A. N. French this 15th day of February, A. D. 1883. [SEAL ]

CASSIUS M. NORTON,

Notary Public in and for Marshall County, Iowa. STATE OF Iowa,

Marshall County, 88 : We, the undersigned, members of the board of supervisors and ex-officio board of county canvassers for Marshall County, do hereby certify the following to be a true and correct abstract of the votes cast in said county at a general election held on the 7th day of November, A. D. 1882, for the office of Representative in Congress for the fifth Congressional district, as shown by the poll-books returned from the several townships and election precincts.

For the office of Representative in Congress there were thirty-four hundred seventysix (3,476) votes cast, of which James Wilson received eighteen hundred (1,800) votes. B. T. Frederick received sixteen hundred seventy-six (1,676) votes.

In testimony whereof we have hereunto set our hands and caused this to be attested by the clerk of the board of supervisors and the seal of said county.

Done at Marshalltown, the county seat of said county, tbis 13th day of November, A. D. 1882.

GEORGE A. TURNER,

Chairman,
R. H. ARCHERD,

J. M. GILCHRIST,
Members of the Board of Supervisors and ex-officio

Board of County Canvassers.
Attest:

A. N. FRENCH,

County Auditor and Clerk of Board of Supervisors. Costs, $1.00.

Filed Feb'y 15th, 1883, as Exhibit A to deposition of A. N. French, same thereto attached and so marked.

CASSIUS M. NORTON, N. P., fc.

We, the Board of Supervisors of Marshall County, Iowa, hereby certify the following facts in regard to the canvass of votes cast at the last general election in Taylor

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