Answer. It was. Question. Who were the judges of the election at that precinct? Cross-examination in chief. Question. Who administered the oath to you? Answer. D. W. Shaver. Question. Are you certain you took the oath prescribed by the statute and also the oath prescribed by the ordinance of the convention? Answer. I am not. Question. How many sons had D. W. Shaver in the rebel army? (Objected to by the contestee.) Answer. He had two of his own sons. Question. Did you know what was on the ballots as they were put in the box? Answer. I did not. Re-cross-examination. Question. Were the ballots numbered? Answer. They were. JOSEPH CROWLEY. Subscribed and sworn to before me this 1st day of December, 1863. JOHN V. LOGAN, County Court Justice. Peter Ruble, of lawful age, being produced, sworn, and examined on the part of James Lindsay, the contestant, deposeth and saith: Question. Were you judge of the election held at precinct No. 2, in Union township, Iron county, Missouri, for congressman of the 3d congressional district of Missouri, in August, 1863 ? Answer. I was. Question. Before you entered on your duties as judge of the election, did you take the oath prescribed by the statute and also the oath prescribed by the ordinance of the convention? Answer. I was qualified to do my duty as judge, but do not know what the oath was whether convention oath or statute oath. Question. Was the convention oath administered to voters before they voted? Answer. No man voted until he was sworn, but does not know what the oath was-was administered from a pamphlet. Question. How many votes did John G. Scott receive, and how many did James Lindsay receive? Answer. Lindsay got five, I think. Don't recollect how many Scott got. Question. Did Scott get any votes there at all? Answer. He did get votes. Question. How do you know that Scott got votes there? Answer. I heard them counted out, and saw them numbered on the pollbooks. Question. Can you read writing? Answer. I can read some-not much. Question. If you cannot read, how do you know the numbers that were set down on the poll-books? Answer. I heard them counted, and know figures. Question. Do you know that the clerks set down the figures in their proper places? Answer. I cannot say they did. Question. Who counted the ballots and numbers? Answer. D. W. Shaver took the ballots out of the box and handed them to myself, reading them at the time, and I handing them to Judge Joseph Crowley, and the clerks putting them down. Question. Did you sign your name to the poll-books as one of the judges of the election? Answer. I did not; I told one of the clerks to do it for me. Question. Who were the clerks at that election? Answer. Francis M. Williams and Merida Riddle. Question. Did you see both the clerks sign their names to the poll-books? Answer. I thought they did. Question. Do you know that the poll-books were properly signed and certified by the judges and clerks of the election at that precinct as the law directs? Answer. I thought so, but do not know. Question. Do you know that Merida Riddle, who appears upon the poll-books as clerk of the election, signed his own name to the certificates on the poll-books at that precinct? Answer. I think Merida Riddle signed his own name to the certificate, but am not certain. Cross-examined. Question. Did any other person get votes except Mr. Lindsay and Mr. Scott? Answer. No. Question. Did Scott get all the votes that Lindsay did not get? (Objected to by contestant.) Answer. He did. Question. Were the votes that each candidate received properly placed on the poll-books, as shown by the ballots, and certified to by the judges and clerks? Answer. Certainly it was. The contestee reads the oath prescribed by the ordinance of the State convention, and asks the following question: Was that oath administered to voters before voting? Answer. It was. Cross-examination in chief. Question. Here is the poll-book of that precinct-will you read it for me? The witness cannot understandingly read the poll-books. his PETER RUBLE. mark. Subscribed and sworn to before me this 1st day of December, 1863. JOHN V. LOGAN, William White, of lawful age, being produced, sworn, and examined on the part of James Lindsay, the contestant, deposeth and saith: Question. Were you judge of the election held at precinct No. 1, in Union township, Iron county, Missouri, in August, 1863, for congressman of the 3d congressional district of Missouri? Answer. I was. Question. Were you sworn before entering on your duties as judge in the manner prescribed by law? Answer. I was. Question. Did you take the oath faithfully to discharge your duties as judge of the election? Answer. I did. Question. Did Question. Was the oath required by the ordinance of the State convention to be taken by the voters administered to them before voting? Answer. I cannot read; but others said it was a convention oath. Question. How many votes were polled at that precinct on that day? Question. You say you counted the ballots after voting: tell, then, who the ballots were cast for? Answer. I do not know. Question. Do you know that the judges and clerks of the election properly recorded the votes and certified for whom they voted? Answer. I do not know; only what I heard said. Question. If the clerks had certified two hundred votes for John G. Scott, and told you they had only certified fifteen, could you have discovered the error? (Objected to by the contestee.) Answer. I could. Question. How could you have discovered it? Answer. Because I saw the men vote, and had the ballots. Question. Did you sign your name to the poll-pooks as judge of the election? Answer. I did not, but told some person to do it for me, and made my mark. Question. Are you personally acquainted with all the voters that voted there? Answer. I cannot say that I am. Question. Are not some of them that you do know what is known as "southern sympathizers?" Answer. I do not know them as such. Question. Don't you know that some of the persons that voted there are enemies to and been in rebellion against the government. Answer. Report says that one of them has been in rebellion against the government. (Objected to by the contestee.) Question. Has not a number of persons that voted there been absent from their homes a considerable length of time since this rebellion? Answer. If they have I do not know it. Question. Do you know that those parties have not been absent? Answer. I do not. Cross-examination. The contestee reads the 5th section of the ordinance of the convention adopted June 10, 1862, and asks the question, If that oath was administered to the judges and clerks of the election? Answer. I think it was. (Objected to by the contestant.) Contestee reads the first section of same ordinance, and asks the following question: Was that oath administered to the voters? Answer. It was. Question. Did the man that report said had been in the rebel army take that oath? Answer. He did. Question. Did you assist the other judges in counting the ballots? H. Mis. Doc. 43- -2 Question. Who were they? Answer. Myself and James Carnihan and Hervey Palmer. Question. Were the ballots properly counted and certified for whom they were cast? (Objected to by the contestant.) Answer. They were. his WILLIAM + WHITE. mark. Subscribed and sworn to before me this 1st day of December, 1863. JOHN V. LOGAN, Hervey Palmer, being produced, sworn, and examined on the part of James Lindsay, the contestant, deposeth and saith: Question. Were you judge of the election held at precinct No. 1, in Union township, Iron county, Missouri, in August, 1863, for congressman of the 3d congressional district of Missouri? Answer. I was. Question. Were the voters qualified according to the ordinance of the convention before they voted? Answer. They were. Question. Were the ballots numbered before they were put into the ballot-box? Answer. They were; I numbered them myself. Question. How many ballots were cast on that day? Answer. I think about twenty-two or twenty-three. Question. Were you properly qualified before you entered on your duties as judge? Answer. I was. Question. State what the oath was you took. Answer. The oath required by the statute, and also the convention oath for judges and clerks. Question. Are you acquainted with all the voters that voted at that precinct at that time? Answer. No, sir, not particularly. Question. Do you know where they lived? Answer. I do not know where they all lived. Question. Have any of those parties that voted there on that day been in the rebel army y? Answer. Not that I know of. Question. Are not a number of persons that voted at that precinct known as secessionists? Answer. Not that I know of. Question. Are they all open and avowed friends to the government of the United States ? Answer. I do not know. Question. Are you an open and avowed friend to the government of the United States? Answer. I am, and always have been, and have never taken part in any way Question. Have you any sons in the rebel army? Answer. Not that I know of; I have a son that has been in the militia. Cross-examined. Question. After the voting was over, were the ballots counted? Answer. They were counted in the presence of the other two judges, Mr. Carnihan and Mr. White, and the two clerks, W. A. Tidwell and William W. Hopkins. Question. Were the votes accounted for and certified for the candidate for whom they were cast? Answer. They were. HERVEY PALMER. Subscribed and sworn to before me this 1st day of December, 1863. JOHN V. LOGAN, Randolph Lane, of lawful age, being produced, sworn, and examined on th part of James Lindsay, the contestant, deposes and saith: Question. Were you judge of the election held at precinct No. 2, near Joseph Wilson's, in Liberty township, Iron county, Missouri, in August, 1863, for congressman of the 3d congressional district of Missouri? Answer. I was. Question. Were you qualified according to law on that day before entering on your duties as judge of that election? Answer. I took the oath required by the statute, and think I took the further oath required by the ordinance of the convention for judges and clerks. Question. Were the poll-books properly certified to by the judges and clerks of the election at that precinct? Answer. Yes, sir, to the best of my knowledge. Question. Are you personally acquainted with all the voters that voted at that precinct? Answer. No, sir, not all of them. Question. Do you know if all of them lived in Iron county? Auswer. I believe not. Question. Have any of the persons that voted at that precinct been in the rebel army? Answer. Not to my knowledge. Question. Have not some of the persons that voted there been absent from their homes for a considerable length of time? Answer. Some of them have. Question. How many sons have you in the rebel army ? (Objected to by the contestee.) Answer. If they are alive, I have got three in the rebel army. Cross-examined. Witness says that the judges administered the first section of the ordinance of the convention required to be taken by voters. RANDOLPH LANE. Subscribed and sworn to before me this 1st day of December, 1863. Adjourned to 8 o'clock to-morrow morning. Met pursuant to adjournment. JOHN V. LOGAN, Justice County Court. A. W. Hollaman, of lawful age, being produced, sworn, and examined on the part of James Lindsay, the contestant, deposeth and saith: Question. Were you clerk of the election of August, 1863, at Liberty precinct No. 2? |