could not accept any affidavit unless he knew him six months, and he did not know any better.

29. Q. Did not he tell him that he had to know he was a voter to swear him in, and did not he tell him he did not know the man, and did not the inspector refuse to receive the affidavit of Mr. Schoettle afer Mr. Schoettle said he did not know the man! -A. He refused one that way, but he refused more because he did not know him six months.

30. Q. Was Mr. McDonald down there during the day?-A. Yes, sir.

31. Q. Did not Mr. McDonald say there, that Mr. Schoettle, to swear in a man, ought to have satisfactory evidence that he was a voter ?-A. Yes, sir.

32. Q. And did not Mr. Schoettle after that refuse to swear that man in ?-A. He refused to swear some man in.

33. Q. That'particular man that was in controversy when Mr. McDonald was in the chute, and did not Mr. Schoettle after that controversy refuse to swear that man in ? -A. Yes, sir.

34. Q. Did not he go away after that?-A. Yes, sir.

35. Q. Did not he go back afterwards?-A. No, sir; not that I remember of.

35. Q. Do not you remember of his coming back about 3 o'clock in the afternoon ?— A. No, sir.

37. Q. And making some affidavits?-A. Not for the same man.

3. Q. But for other men?-A. Yes, sir.

39 Q. And he was there off and on all day?-A. Yes, sir.

40. Q. Swearing in voters?-A. Yes, sir.

41. Q. His affidavits were not all refused?—A. No, sir.

42. Q. Some of them were accepted?-A. Yes, sir.

42. Q. Those that were refused were refused upon the ground that he did know the men he was swearing in well enough to know that they were voters ?-A. Some men he knew, and some he did not, and he offered to swear in one mau on some other man's evidence that he was a voter, but he did not know and he would not swear it. 44. Q. He offered to swear in some man on the ground that bystanders said that they knew he was a voter?-A. Yes, sir.

15. Q. But Senator McDonald said he ought to have satisfactory evidence that he was a voter, and he did not swear him in ?-A. That was one of them.

16. Q. Do you know anything about the condition of Mr. Wahle?-A. I saw him there; I thought he was sober.

17. Q. Do not you know he had been drinking?-A. He had a drink or two, but he had not had enough to be intoxicated.

18. Q. He did not show it?-A. No, sir.

19. Q. How do you know he had been drinking?-A. I say he may have had a drink.

20. Q. Do not you know from his appearance and conduct that he had had a drink? -A. No, sir; not by his conduct.

21. Q. And was not the vote he attempted to swear in refused on the ground that he was intoxicated?-A. Yes, sir; it was.

22. Q. Do you know whether those policemen you spoke of took any active part in politics, or were on duty as policemen?-A. There was Mr. Gerber.

23. Q. Do you know whether he was on duty?-A. I know he is a policeman.

24. Q. He was not on duty that day, was he?-A. I do not know whether he was on duty that day or not.

25. Q. Neither he nor Mr. Crane were on duty that day, were they?-A. I do not know whether they were or not.

26. Q. Do not you know that they did not have their badges on their coats at all?— A. I do not know.

27. Q. Did not they say they were not policemen that day?—A. I did not hear they said that.

28. Q. Did they make any effort that day, as policemen, to preserve order!— A. No, sir; I think not.

29. Q. There were other policemen who were on duty that day?-A. I did not notice any one saying a word in disturbance. I did not see any policemen preserve order that day.

30. Q. There was no disturbance there?-A. There was disturbance there.

31. Q. What time?-A. During the day; quarreling off and on; not fighting, but quarreling.

32. Q. There is always some quarreling there?-A. Yes, sir.

33. Q. Was there any more that day than there had been at other elections?-A. No, sir; not exactly.

34. Q. Was there any disturbance there at all unusual that day?—A. I believe not. 35. Q. Did you see the police threaten to arrest anybody there that day?—A. I do not remember as I did.

36. Q. Did you see them order anybody away from the polls?-A. No, sir.

37. Q. Did you see them order anybody out of the chute ?—A. I do not know how that was; I believe he did, but I could not say who it was, or how it was.

38. Q. The challengers frequently asked people to get out of the chute and to get out of the way of voters as they were coming up?-A. Well, yes.

39. Q. Was there anything more than that there?-A. Sometimes men would come up the chute and they would not accept their votes, and they would be quarreling there, and they done that several times.

40. Q. And when there were other men coming up to vote there?—A. Yes, sir.

41. Q. You could not tell from the appearance of things whether men were put out of the chute for any other purpose, except to let other voters in ?—A. When a man would come up to vote they would argue his case, and they would make them get out of the way.

42. Q. Is it not a fact that they were told to get out of the chute so that other people could get to vote?-A. There was a good many in the evening that would not get out of the chute at all.

43. Q. Were not men standing there to vote when they were told to get out?—A. Yes, sir.

44. Q. There were men standing there waiting to get up and vote?-A. Yes, sir; along in the evening, towards the last, and about time for the polls to close, they did not order them out of there. They let them stand in there a little before six o'clock, and they would argue over some man to fool away time.

45. Q. Were any of those men challenged?-A. They could not challenge them because they could not get up far enough to vote.

46. Q. Was the chute full ?-A. The chute was full, and they were up there arguing late in the evening.

47. Q. Challenged on both sides?-A. Challenged on both sides all day.

48. Q. Was there any more challenged on one side than the other?-A. I believe there was a good deal more on the Republican side.

49. Q There was more on the Republican side than the Democratic side?—A. About 2 to 1, I suppose.

50. Q. That is a Democratic precinct?-A. Yes, sir.

51. Q. And went Democratic?-A. I forget just how it went. It went Democratic, but I cannot tell how much.

52. Q. Every man, then, who was sworn in was received, you think, except five or six; I mean every man who offered an affidavit that he was a voter, or some one made an affidavit for him, was permitted to vote except five or six, you think!—A. Yes, sir.

53. Q. Can you recollect more than two-one of Mr. Schoettle and one of Mr. Wahle-can you recollect more than a single vote sworn in at the time Mr. McDonald told was there, and who left after Mr. McDonald told him what knowledge or information he ought to have before he swore a vote in; do you remember Mr. Schoettle swearing in any other man, or attempting to, whose vote was refused?-A. I believe Mr. Schoettle wanted to swear in about four votes who were refused on different grounds.

54. Q. Do you know any one of them ?-A. I do not know their names.

55. Q. Do you know the name of this man Mr. Schoettle offered to swear in?—A. I do not.

56. Q. Do you know where they work-any of them?-A. I do not.

57. Q. You do not know whether they voted in that precinct or not?-A. No, sir. 58. Q. You are a Democrat?-A. Yes, sir.

59. Q. And you were working there for the Democratic party that day?—A. Yes, sir.

Questions by Mr. WILSON:

60. Q. You say that late in the evening that the chute got jammed and the voters could not get up. Were those Democratic or Republican voters?—A. I do not recollect who was in front; but there was a few fellows in front who would not get out and let the others, back, vote. I believe there was one challenged and they were fooling with him, and they had an affidavit made out and I do not know whether it was accepted or rejected; but there were some back of me that wanted to vote.

61. Q. Were those Republicans outside ?-A. I think they were most of them Democratic at the rear end. There was three or four Democrats, I know.

62. Q. Do you know what was the character of the voters in the chute?-A. At the head of the chute?

63. Q. Yes, sir.-A. I cannot tell you. I know that we lost a few votes at the end that we could not get through because the chute was full.

64. Q. Mr. Peelle said to you that Senator McDonald went on and said that a man must know so and so. Did not Mr. McDonald say that a party could swear in a voter though he did not know his name if he knew he lived in the precinct? Was not that his statement? And did not Mr. McDonald say, in explaining the law, that a prop

erty-holder could swear in a voter although he did not know his name if he knew he lived in the precinct as such and knew he was a voter?ʼ

(Objected to as leading, and for the reason that the witness has already said what Senator McDonald did say.

A. I could not say the words that Senator McDonald did say exactly, but he explained it to us there. I was standing by.

65. Q. Then you do not recollect the language that Senator McDonald did use?— A. Not exactly; but inasmuch as I understood by it he said that a man must know a man, and be could swear him in.

66. Q. Know him, or know his name?-A. Know him.

67. Q. There was an affidavit offered at that time, was there not ?-A. Yes, sir.

68. Q. Was that affidavit refused?-A. It was refused.

69. Q. The affidavit was offered by whom?-A. Mr. Schoettle.

70. Q. Did not he leave after the refusal of that affidavit?-A. Yes, sir; he left.

71. Q. When was it that this trouble about refusing affidavits commenced; was it in the morning or afternoon?-A. It was in the forenoon. I could not say. 72. Q. Could you be certain ?-A. I could not say.

73. Q. Are you certain about the statement you made with reference to the time this occurred-whether it was in the afternoon or forenoon ?-A. I could not say what time of day it was. I was there all day.

74. Q. Do you know where Mr. Wahle lives?-A. I do not exactly know where he lives I know him when I see him, and he used to have a shop on Delaware street; that is where I got acquainted with him.

75. Q. Do you say there were only five or six affidavits refused, or that you saw only five or six affidavits refused?-A. I saw about that many.

Questions by Mr. PEELLE:

76. Q. Was you there at the polls?-A. Yes, sir.

77. Q. Right there in the precinct?-A. That is, I was around there within about a square walking up and down there.

78. Q. Do you know William Buehrig?-A. Yes, sir.

79. Q. What is his business?-A. A saloon man.

CHARLES WEEBER.

By agreement of the parties, a further taking of these depositions was adjourned until Thursday, December 20, 1883.

The parties met pursuant to adjournment.

THURSDAY, December 20, 1883.

THOMAS KEARNEY, being first duly sworn, testified as follows:

Direct examination by Mr. WILSON:

1. Q. State your name, age, and residence.-A. Thomas Kearney; age, 36 years; residence, 206 West Washington street, Indianapolis, Indiana.

2. Q. How long have you lived in this city?-A., In this city, about 16 years.

3. Q. What ward do you reside in?-A. In the thirteenth ward.

4. Q. Did you reside in that ward at the time of the November election in 1882?— A. Yes, sir.

5. Q. Did you hold any position in that ward?-A. Yes, sir; I was county committeeman.

6. Q. For that precinct?-A. Yes, sir; I was county committeeman for the whole ward and appointed the committeeman for the other precinct.

7. Q. Did you attend the election there?-A. Yes, sir.

8. Q. What precinct?-A. The second precinct.

9. Q. You are a Democrat?-A. Yes, sir.

10. Q. Do you know Mr. Samuel E. Perkins?—A. Yes, sir.

11. Q. Was he there that day?-A. Yes, sir; he was there all day.

12. Q. I will ask you if you know what political ticket Mr. Perkins was working for that day?

(Objected to as not rebuttal of any evidence brought out by the contestee, and for the further reason that the question as to how Mr. Perkins voted, when he was on the stand, was asked by the counsel for the contestant, and answered by Mr. Perkins, that he voted for Mr. English and the Democratic ticket, and the question was then withdrawn by the counsel for the contestant.)

A. A mixed ticket, sir; he was working against Mr. English, and against Mr. Lemon particularly, and furthermore he was willing to trade off the whole business for a vote for Mr. Peelle. THOMAS KEARNEY.

1

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

Direct examination by Mr. WILSON:

1. Q. State your name, age, and residence.-A. Charles A. Alberstnier; 492 South Meridian street, Indianapolis, Indiana; 26 years of age.

2. Q. How long have you lived in this city?-A. All my lifetime.

3. Q. Were you in this city on the 7th day of November, 1882, at the time of the November election ?-A. Yes, sir.

4. Q. Where were you?-A. 492 South Meridian street, in the twenty-fourth ward. 5. Q. Did you attend that election that day?-A. Yes, sir.

6. Q. What capacity did you act in ?—A. Clerk.

7. Q. You are a Democrat?-A. Yes, sir.

8. Q. You were Democratic clerk at what precinct?-A. The twenty-fourth ward, second precinct.

9. Q. I will ask how the number of names on the tally-sheet and poll-book at that precinct corresponded with the number of tickets you put in the book?

(Objected to as not rebuttal.)

A. To my knowledge they corresponded when they were summed up, but there was one or two tickets thrown out in order to make it correspond; but I do not know what tickets they were, or anything of that kind.

Cross-examination by Mr. PEELLE :

10. Q. You do not know how the vote on Congressman stood -A. No, sir; I do not remember, but I did at that time.

11. Q. You do not remember now whether there was more votes for Congress counted than there were tickets in the boxes?-A. No, sir; I do not recollect; I had it down on a piece of paper when I left the polls to tell the boys how it came out. 12. Q. Was there not five or six tickets thrown out there?-A. No, sir; there was There was either one or two.

not.

13. Q. Were they not Republicans ?-A. I do not know whether they were Republican or Democratic.

14. Q. Do not you know about that?-A. No, sir.

15. Q. Have you any recollection upon that subject?-A. No, sir.

16. Q. You remember nothing about how the votes stood?-A. I did then, but I do not know now.

17. Q. You are testifying not to what you know now, but what you knew then, or have been informed ?-A. To what I know now.

18. Q. Then you do not know anything about it now?-A. About what?

19. Q. About how the number of votes stood with the number of ballots?-A. I said they corresponded as I summed it up.

20. Q. You said you could not tell whether there was more votes in the box for Congressman than there were ballots for Congressman?-A. That is not what I said; I said the tally sheets did not correspond with the number of tickets in the box, so we threw out one or two to make it correspond.

21. Q. On what vote?-A. I do not know.

22. Q. You do not know whether that was on the vote for Congressman or not!A. No, sir.

23. Q. And I understood you to say you did not know anything about how the vote for Congressman stood?-A. That is correct.

Questions by Mr. WILSON:

24. Q. When Mr. Peelle asked you about how the vote for Congressman stood, did you understand him to ask you about the number of votes ?-A. Yes, sir; that is what I understood.

25. Q. Were not tickets thrown out on the entire list of candidates on the ticket!— A. I do not know.

Mr. PEELLE. You still insist that you do not know how the vote for Congress stood as compared with the number of ballots?

The WITNESS. No, sir.

CHAS. A. ALBERSTNIER.

FRED. GROSSART, being first duly sworn (by the left hand), testified as follows:

Direct examination by Mr. WILSON:

1. Q. State your name, age, and residence.-A. Fred. Grossart; age, 23; residence, 214 South Meridian street; place of business, 200 South Meridian street.

2. Q. Are you a Democrat?-A. Yes, sir.

3. Q. How long have you lived in this city-A. Since 1877.

4. Q. Were you in this city at the November election in 1882?-A. Yes, sir; I was. 5. Q. What precinct?-A. Seventeenth ward, second precinct..

6. Q. Were you there that day?-A. Most of the day; yes, sir.

7. Q. Do you know a Mr. Wahle?-A. Yes, sir; I know him. 8. Q. What was his condition as to sobriety that day?

(Objected to as not rebuttal.)

A. Well, while I see him, he was sober.

9. Q. Do you know Mr. Schoettle?-A. Yes, sir.

10. Q. Do you know whether Mr. Schoettle owns real estate there?

(Objected to as not rebuttal of any evidence brought out by the contestee.)

A. Yes, sir; he does.

11. Q. Do you know whether Mr. Wahle owns any real estate there ?-A. I think he does; I would not be positive, but it is claimed by the old citizens there that he does.

(Objected to for the reason that the record is the best evidence as to the title, and for the further reason that it is not rebuttal.)

12. Q. Did you watch the vote there part of the time during the day?-A. Yes, sir; I watched pretty closely.

13. Q. Do you know whether any affidavits were offered there in behalf of Democratic voters who had been challenged?--A. Yes, sir.

14. Q. Were they accepted or rejected ?-A. Rejected.

15. Q. How many that you know of?-A. While I was there, there were five or Six; five, I am positive, and I think it was six, rejected in my presence while I was there.

Cross-examination by Mr. PEELLE:

16. Q. What time of day did you see Mr. Wahle?-A. I see Mr. Wahle there towards noon.

17. Q. Did you see him any during any other time?-A. No, sir; not that I know of, because I was once in awhile on one corner or on the other corner, and the greatest time I was there I saw him, in the forenoon, towards noon.

18. Q. You did not see him in the afternoon -A. I did not see him in the afternoon. 19. Q. You do not know what his condition was in the afternoon?-A. No, sir. 20. Q. Was one of the affidavits made out rejected?-A. Yes, sir; as far as I know. 21. Q. Was it not rejected on account of his being drunk?-A. That was because the inspector claimed he was full.

22. Q. Did you see Senator McDonald down there?-A. I saw him towards evening. 23. Q. Was he there once in the chute when Mr. Schoettle had an affidavit prepared to swear a man in ?--A. Yes, sir.

24. Q. And the inspector refused that affidavit?-A. Yes, sir.

25. Q. Did not he ask Mr. Schoettle whether he knew the man he was swearing in ↑ -A. I ani not positive whether he put that question to him or not.

26. Q. Did you hear Senator McDonald say that a man ought to have satisfactory evidence that a man was a voter to swear him in?-A. I cannot swear to that.

27. Q. Did you hear Senator McDonald say anything upon that subject ?-A. I heard him make several remarks.

28. Q. What was the substance of the remarks?-A. The substance was there was no cause for rejection where a man was a legal voter, and could prove that he was a legal voter; and he did not see why the inspector refused Mr. Schoettle's affidavit. 29. Q. Did not he state, in the presence of the crowd, that a man to swear in another man's vote ought to know that the man was a legal voter ?-A. I do not know whether he made that remark,

30. Q. Did Mr. Schoettle leave the chute before or after Mr. McDonald made that statement?-A. I would not swear to that, but I think he left after the remark. 21. Q. Mr. Schoettle left the chute after Mr. McDonald made the statement, whatever it was, he made?-A. Yes, sir.

T. C. GROSSART.

JOSEPH T. MAGNER, being first duly sworn, testified as follows:

Direct examination by Mr. WILSON:

Q. I wish you would look at the paper I now show you and see if that is the certificate made by you to that document.

(Objected to as not rebuttal.)

A. Yes, sir.

Q. You are the city clerk of Indianapolis?-A. Yes, sir.

Mr. WILSON: I offer that as a part of the deposition of the witness.

(The document will be found attached to this deposition, as a part thereof, and marked Exhibit No. 1.)

Cross-examination by Mr. PEELLE:

Q. All that you certify to is to the number of men on the pay-roll for a certain time? A. Yes, sir; this is simply a pay-roll.