(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Biodiversity Heritage Library | Children's Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Contested election case of Claude S. Carney v. John M.C. Smith from the Third congressional district of Michigan"

Google 



This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project 

to make the world's books discoverable online. 

It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject 

to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books 

are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. 

Marks, notations and other maiginalia present in the original volume will appear in this file - a reminder of this book's long journey from the 

publisher to a library and finally to you. 

Usage guidelines 

Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the 
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing tliis resource, we liave taken steps to 
prevent abuse by commercial parties, including placing technical restrictions on automated querying. 
We also ask that you: 

+ Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for 
personal, non-commercial purposes. 

+ Refrain fivm automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine 
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the 
use of public domain materials for these purposes and may be able to help. 

+ Maintain attributionTht GoogXt "watermark" you see on each file is essential for in forming people about this project and helping them find 
additional materials through Google Book Search. Please do not remove it. 

+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just 
because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other 
countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of 
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner 
anywhere in the world. Copyright infringement liabili^ can be quite severe. 

About Google Book Search 

Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers 
discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web 

at |http: //books .google .com/I 



UAPVAPn I A 



CONTESTED ELECTION CASE 

\ / er 

OF 

CLAUDE S. CARNEY 
JOHN M. C. SMITH 



FROM THE 



Third Congressional District 
of Michigan 



i 



% "t 



WASHINOTOM 

ins 



I 



\ 



I 



< 






O 



CONTESTED ELECTION CASE 



CLAUDE S. CARNEY v. JOHN M. C. SMITH, 

FROM THE 

THIRD COXGRESSIOXAL DISTUICT OF MICHIGAN. 



NOTICE OF MOTION, 
To John M. C. Smith. 

Sir: Please take notice thnt I shall contest j'our election for the office of 
Member of the House of Representatives of the United States for the Sixty- 
third Congress by virtue of the election held on the 5th day of November, 1912. 

And also take notice that annexeii hereto is a petition 8i)ecifying particularly 
the grounds upon which I rely In making said contest. 

Dated January 4» 1913. 

Tours, etc., Claude S. Carney. 

PETITION OF CLAUDE S. CARNEY CONTESTING THE ELECTION OF 
JOHN M. C. SMITH AS REPRESENTATIVE IN CONGRESS FROM THE 
THIRD CONGRESSIONAL DISTRICT OF MICHIGAN. 

To the House of RepresentativeH in the Congress of the United States: 

Your petitioner, Claude S. Carney, respectfully represents that the third con- 
gressional district of Michigan is coini)08e(l of the following five counties only : 
Kalamazoo, Calhoun, Hillsdale. Branch, and Baton; that your i>etitioner at the 
"J" general election held on the 5th day of November, 1912. was the Democratic 
— candidate for Representative in Congress at said election for sjiid third con- 
gres8i(mal district: that he resides at the city of Kalamazoo, in the Siild county 
of Knlrmazoo aforestiid; that John M. C. Smith was the Rep'iblican candidate 
for Representative for Congress for said third congressional district at siiid 
election, and resides in the city of Charlotte, county of Eaton aforesaid. 
*^ Your i>etitloner further shows the result of said election was determined by 

the board of State canvassers on the 10th day of December, 1912: that on the 
face of the returns as determined by said State board of canvassers 14,609 votes 
were cast for the said John M. C. Smith and 14.4^2 votes were capt for the said 
Claude S. Carney; that the siUd John M. C. Smith claims the seit in the Sixty- 
third Congress upon the face of said returns by a majority of 127 votes, which 
result was brought about by false, fraudulent, and illegal returns being made by 
v/ several of the various insi)ectors of election in said district, by false counting of 
•^ ballots, and by corrupt and unlawful conduct of the various boardJ? of election 
^ inspectors, officers, and other persons In many of the various precincts of said 
' district, and by some of the boards of county canvassers of said district, by 
K> means of which your petitioner was deprived of his lawful. Just, and legal 
" rights in the premises; that your petitioner was Justly, lawfully, and legally 
^ elected to the said office at said election ; that he was wrongfully, fraudulently, 
and unlawfully deprived of his rights in said election to a certificate of his 
'S election and to the said seat in Congress from the third congressional district 
of Michigan, as will be more particularly hereinafter set forth and made to 
append 

568299 



•T ./ 



•4 '"^ 

4 CABKEY Y6. SMITH. 

First Your petitioner further shows that in the conduct of said election it 
was the legal duty of the various boards of election inspectors at the various 
voting precincts In said county in said congressional district to transmit to the 
board of county canvassers of that county statements of the result of their 
various respective precincts of the count made of the votes cast therein at said 
election, and that said statements bf the result be by said various boards of 
inspectors transmitted to said board of county canvassers in envelopes under 
the seal of sjiid board of Inspectors for the purpose of securing the purity of 
said election, and that by the provisions of the law of Michigan for the purpose 
of securing the delivery of said sealed envelopes to the said board of canvassers 
said sealed envelopes shall be placed In the custody of the county clerk ; that 
the law requlreil the said board of courfty canvassers to meet and organize on 
the first Tuesday after the first Monday following said election before the hour 
of 1 o'clock p. m. of said day for the purpose of canvassing the votes cast at 
said election from said statements; that the law contemplates that said sealed 
enveloi)es containing said statements and returns be broken only by the board 
of county canvassers on the day fixed by law for the said first meeting of said 
board of canvassers. 

Your petitioner further shows that none of said statements of the result of 
said election in said county of Eaton were delivered under seal of the respective 
boards of election insi)ectors to the board of county canvassers on the said day 
fixed by law for the first meeting of said boa rd of county canvassera ; that after said 
statements were sealed In their respective envelopes and shortly after said 
election and before the time fixed by law for the first meeting of the board of 
county canvassers the said election Inspectors' seals on said envelopes contain- 
ing said statements and returns, as well also as said envelopes themselves, were 
willfully and unlawfully broken, said statements removed from said envelopes 
and delivered over to various individuals, including John M. O. Smith and one 
John Davis, of Battle Creek, Mich., one of the Republican congressional com- 
mitteemen and one of the political campaign managers of said John M. C. 
Smith In said district: and said John M. C. Smith, said Republican candidate 
for Congress, and said John Davis and various other individuals were given 
free, unlimited, and private access thereto; that some of the said parties in- 
terested in the election of said John M. C. Smith were permitted, before the 
meeting of said board of county canvassers, to remove, and did remove, several 
of said statements, on which the seals had been broken as aforesaid, from the 
office of said county clerk, who was the lawful custodian thereof; that among 
some of those who took some of said statements out of the office of said county 
clerk was one William Smith, a son of said John M. C. Smith; that after said 
unlawful breaking of said seals of said envelopes which contained said state- 
ments and before the meeting of said board of county canvassers abundant 
opportunity was thus wrongfully, corruptly, willfully, unlawfully, and inten- 
tionally given to said John M. C. Smith and to those Interested In his election 
to unlawfully change and alter said statements and returns to the advantage 
of said John M. C Smith; that John C. Nichols, the county clerk of Eaton 
County, unlawfully connived and conspired with the said John M. C. Smith, 
said William Smith, said John Davis, and others Interested In securing the 
election of said John M. C. Smith by unlawfully permitting said Statements to 
be manipulated as hereinbefore described, and by aiding therein, before the said 
meeting of the board of county canvassers on the day fixed by law. 

And for the reasons aforesaid said statements formed no basis for a lawful 
canvass of said ballots of said county of Eaton for the office of Representative 
in Congress; that the breaking of the seals and opening of the envelopes con- 
taining said statements before the meeting of the board of county canvassers of 
said county of Eaton made said statements of no validity In law and no legal 
force or effect and furnished no basis whatever on which to predicate any 
claimed election of said John M. C. Smith and made the votes and the ballots 
for Representative in Congress In paid county illegal and void and of no more 
force or effect than as if said ballots had never been cast. 

That said unlawful canvass of said votes In said county of Eaton gave to the 
said John M. C. Smith a pretende<l plurality over your petlltoner of 912 votes. 

Second. Your petitioner further ?hows that on the face of the returns of the 
election In the township of Sunfield, In said county of Eaton, the said John 
M. C. Smith was given 70 votes more than your i)etltloner was given ; that the 
election In the said township of Sunfield was void and a fraud upon the rights 
of your petitioner and was unlawfully and illegally and wrongfully conducted 
to the great prejudice of your petitioner's rights in the following particulars: 



GABKEY VS. 3MITH. 6 

1. That the mandatory provisions! of tlie Michigan election law made it the 
clear duty of one of the inspectors at said election to keep possession of the 
ballots and to hand them to the voter after another inspector has opened the 
package of ballots and still another had put his initials upon said ballots ; that 
in plain violation of these said mandatory provisions of the law of Michigan 
the said ballots were then and there wrongfully and willfully placed in the 
hands of one Albert Sayer, who was then and there called upon and permitted 
by said board of inspectors to act as instructor to said voters; that the exact 
language of the mandatory provisions of the Michigan law in force at said 
election is as follows: 

" No ballot shall be distributed by any person other than one of the inspec- 
tors of election nor In any place except within the railing of the voting room 
to electors about to vote." 

That in open violation of said law the said Sayer was then and there placed 
in a compartment by himself out of the view and hearing of all of the board of 
inspectors in said precinct at said election ; the said Albert Sayer was not then 
and there an inspector at said election; that there was no legal authority to 
call in said Sayer to act as an instructor; that there was no provision of law 
to make him an instructor or to give him the right to handle then and there 
said ballots for any purpose whatever; nevertheless, the said Sayer was then 
and there by said board of lns9)ectors illegally and wrongfully given possession 
of all of the ballots before they were delivered to the voters to be marked ; and 
that the said Sayer, in open violation of the law of Michigan, was then and 
there ^iven free access to the voters within the railing of the voting precinct 
and distributed to each voter a ballot, and he, the said Sayer, was given 
unlimited opportunity to converse with the voters privately, and did so converse 
with many of said voters in private within the railing of the voting room and 
out of the hearing of the board of inspectors ; that the said inspectors remained 
together by themselves behind the booths in substantially a different room from 
the one in which said Sayer distributed to said voters the said ballots. 

2. That about the hour of 12 o'clock noon on said election day said board of 
inspectors adjourned for at least one hour; that two ballot boxes were used 
on said day in said voting precinct for the purpose of receiving and containing 
the ballots cast for R^resentatlve in Congress at said election; that when said 
board so adjourned for noon each and all of said inspectors, clerks, and all 
others who were then assisting said board in said election left said voting 
place at the same time and left said two ballot boxes and the ballots therein in 
said voting place unsealed and unlocked without any precaution or measure 
being taken as required by law at the time of said adjournment to prevent the 
fraudulent tampering with said ballot boxes; that one Z. Slater, a gatekeeper 
at said election, was unlawfully and wrongfully for at least one hour given 
custody of and free access to said ballot boxes and the ballots therein and also 
of said uncast and unvoted ballots which were in said voting place and of the 
said poll list kept at said election. 

3. Your petitioner further shows that the count of said ballots in sjiid town- 
ship of Sunfield was not made by the board of lnsT)ector8 of snid election as 
required by law but on the contrary from time to time said different members 
of said board left their posts of duty then and there during said coiuit, and 
permitted third parties who had no legal or lawful right whatever then and 
there so to do to wrongfully and corruptly act as counters and tally clerks in 
the place of the lawful members of said election board; that the said Albert 
Sayer, among others, was permitted then and there to act as one of the counters 
of said ballots without any lawful authority whatever so to do; that one 
William R. Witherall was permitted to act on said' election board and to so 
act in place of one of the legal members of said election board: that said 
Witherall did then and there handle the ballots, statements, and tally books, 
and kept and made up said tally: that said Witherall took no oath of any 
kind, and had no legal right whatever to handle said ballots, statements, or 
tally bookSw 

Your petitioner further shows that one, Joel Bera, who was then the Republi- 
can postmaster at the village of Sunfield, without any lawful authority, sat on 
said election board then and there from time to time, and then and there acted 
as an inspector and aided in counting said ballots; that the said Bera, the said 
Republican postmaster, in acting on said board and in making up said count 
was acting in the interests of the said John M. C. Smith, the said Republican 
candidate for Representative in Congress. That the said Bera was neither an in- 
spector nor tally clerk nor any other sort of an election officer in said precinct: 



9 CABKEY VS. SMITH. 

tbat he was personally Interested and actively engaged throughout said election 
in promoting and aiding the said John M. C. Smith, and his conduct in acting 
on said board was unlawful and an open violation of your petitioner's rights in 
the premises ; that lawful votes then and there cast for your petitioner were not 
credited to your petitioner in the said tally and count which should have been 
credited to your petitioner; that votes were credited to the said John M. C. 
Smith on said tally books which were not cast for him. 

4. Your petitioner further shows that the law governing said election re- 
quired said board to immediately on the closing of said polls at 5 o'clock In 
the afternoon of said election day to canvass the votes cast in said precinct 
of Sunfleld ; that said board unlawfully permitted outsiders to assist in carry- 
ing on said canvass of the votes a portion of the time until about the hour of 
12 o'clock midnight of said election day ; and although the canvas of said vote 
was not then completed, nevertheless said election board then and there an- 
nounced publically an adjournment of its proceedings until 7 o'clock of the 
next morning, to wit, November 6, 1912, and all the members of said board 
did at, to wit, 12 o'clock midnight of said election day, after announcing said 
adjournment, blow out the lights and place said polling place in darkness, and 
went away from said polling place, leaving the said two ballot boxes In said 
polling ijlHce unsealed and unlocked, so that designing persons could easily 
tamper with said two«ballot boxes; that Immediately after said adjournment 
several of the members of said election board went about two blocks away into 
a barber shop, where they received election returns for about three-quarters of 
an hour ; that immediately after said adjournment several of the other members 
went to bed. Tliat about one hour after said adjournment some of the mem- 
bers of said election board reconvened at said polling place and proceeded with 
the count of said ballots in the absence of at least one of the members of said 
election board, .and so continued to count said ballots until 5 o'clock in the 
morning, November 6, 1912, at which last-named time one of said absent mem- 
bers returned to said polling place, whereupon another of the members of said 
board left said polling place, the count of said votes not then being completed. 
When said board reconvened about one hour after said adjournment no public 
announcement was made that said board would reconvene; that none of said 
board were present continuously through the canvass of said votes. 

And your petitioner alleges that the said canvass of said votes in said precinct 
was not a public canvass thereof, was fraudulent and illegal, and nuide abso- 
lutely void each and every ballot and vote cast In said precinct nt s|0d election 
in said precinct for John M. C. Smith for the office of Representative in Ck)n- 
gress; that about 5 o'clock in the morning, November 6, 1912, said election 
board disbanded without first having made, the statement of the result and 
returns of said election in said precinct, which was required to be done by said 
election board adjourned or disbanded. 

And then and there the members of said election board agreed among them- 
selves to meet at the office of Frank H. Bacon, one of the members of the board 
of inspectors in said precinct at said election, for the purpose of making out 
and signing in the office of said Bacon the statement of the result of said elec- 
tion; that as a matter of fact Siiid statements of the renult of said election were 
brought to the office of said Bacon already made out; that said statements 
were not made out in the presence of said board of inspectors; that said board 
of inspectors signed said statements without knowing whether Bald statements 
were true or false and without knowing whether said statements pave the cor- 
rect count of the result of the votes cast in said precinct at such election for 
the office of Representative in Congress or not. That sjiid statement was 
fraudulently dated back to the 5th day of November. 1912, the day of election. 

That the 8:«i(l stjitement was so falsely dated November 5, 1912 for the pur- 
l)08e of concealing the unlawful conduct of said election board; that in truth 
and in fact said statement was not made out and signed by said inspectors of 
election until the forenoon of November (>, 1012; that the acts and doings of 
said Insi)ectors of election in so dating back to November 5. 1912, the said 
statement was illegal. Your petitioner further shows that at no time did said 
election board publicly declare the result of said election, and at no time did 
said board publicly declare the number of votes received by each person who 
was a candidate on the ballots at said election for the office of Representative 
in Congress, which the law of the State then In force required said board of 
inspectors to do. 

Third. Your petitioner further shows that in the township of Carmel, in the 
county of Eaton, on the face of the returns made by the board of election 



CARNEY VS. SMITH. 7 

Inspectors, said board of election inspectors gave to John M. C. Smith 55 votes 
more than to your petitioner; that raid election in said township of Carmel 
and said returns were illegal and wholly void, and the ballots counted for the 
said John M. C. Smith in said precinct of Carmel of no more force or effect 
thfiu as if said ballots had never been cast; that the law of Michigan provides 
in exact language : 

" Said box shall not be opened during the election except as provided by law 
in case of adjournments." 

The only adjournment provided for is a noonday adjournment of one hour, 
at which time the board of inspectors are given the authority to open the 
ballot box for the sole purpose of dei>o8iting the poll book therein. The law of 
Michigan also provides that entire secrecy of the ballot shall be maintained, 
and no ballot exhibited after it is marked shall be counted at all. 

Your petitioner further shows that, notwithstanding the plain mandatory 
provisions of the law, the said board of inspectors in the township of Carmel 
at said election did then and there, about the hour of 2 o*clock in the afternoon 
of said day, in violation of the law. willfully and unlawfully open the ballot 
box containing the ballots there cast at said election for Representative in Con- 
gress in said district, and did then and there unlawfully, willfully, and Inten- 
tionally exhibit said bnllots to each member of the board and to the voters 
who were present who had already cast their ballots, and did th«i and there 
exhibit said ballots which had already been cast prior to the hour of 2 o'clock 
to the electors who had not already voted, who cast their ballots at said election 
after said ballot box was unlawfully opened as aforesaid ; that a large number 
of the electors who had not yet voted were permitted to and did examine the 
ballots that had already been cast. 

Your petitioner further shows that in violation of the law the said board of 
inspectors then called two men within the railing who were in no way members 
of said board of inspectors or officers of said election, and neither of whom 
had any right or authority to handle said ballots at any time; and that there- 
upon one member of said board of insiiectors, together with said two men 
called In from the crowd, did then and there proceed at the said hour of 2 
o'clock in the afternoon of said day to count the ballots that had already been 
deposited in the ballot box. and during the same time the remaining members 
of said board of inspectors then and there carried on and conducted said 
election ; thnt your petitioner had little or no acquaintance in said township of 
Carmel ; that said township is located, to wit, about 50 miles from your \)etX- 
tioner's residence, and that said township of Carmel is located near the home 
of the ssiid John M. C. Smith, to wit. about 3 miles from his siiid home; that 
said unlawful and willful conduct above described of the board of inspectors 
in so violating the secrecy of said election and so making public before the 
close of said i)o11s the number of votes cast for the office of Congressman 
operated greatly to the prejudice of j'our petitioner's rights in said election. 

Your petitioner further shows that the said unlawful canvass of said ballots 
made as afores:iid was not made by the board of inst)ectors but by one member 
thereof and by wiid two men who were not 'members of said board of in- 
spectors assumed by them as the canvass of said board; that said board of 
inspectors never canvassed the vote cast in said i)recinct and never counted the 
ballots so cast; that the returns and statement of the votes made by the said 
inspectors of election were not made by said Inspectors upon their own knowl- 
edge; that the said returns and said election were wholly void and of no legal 
effect. 

Fourth. Your petitioner further shows that in violation of the rights of your 
petitioner and the laws of the State of Michigan on numerous occasions while 
said election was being conducted on November 5, 1912, in said congressional 
district in the foUowlng-nametl precincts in said district In said Eaton County, 
to wit: Townships of (/armel. Bellevue, Bunton, Eaton, Roxand, Windsor, first, 
second, third, and fourth ward of city of Charlotte*. In all of which precincts 
the election boards respectively returned a majority to the board of convassers 
of said ISaton County more votes in favor of John M. C. Smith than for your 
petitioner, and in each one of said precincts certain of the Inspectors therein 
wrongfully, willfully, and unlawfully entered the booth with several of the 
voters while said voters were in said booth preparing their ballots; that said 
inspectors in the aforesaid instances did not before entering said booth or at 
any other time require said voters to make oath or any of them that they (said 
voters) could not read the English language, nor did the said inspectors require 
aaid voters or any of them to make oath that they (said voters) were physi- 



8 GABNEY VS. SMITH. 

cally unable to mark their ballots, nor were said voters witb whom said inspec- 
tors entwed said booth apparently unable to mark their said ballots. That the 
acts of «aid Inspectors in so, as aforesaid, entering the booths with said voters 
were in violation of the law then in force and gave said inspectors the oppor- 
tunity to scrutinize said ballots and learn for whom said electors were casting 
their ballots and gave said inspectors the opix>rtunity to influence said voters 
to vote as said inspectors desired said voters to vote, and saidi conduct of said 
inspectors was illegal and was prejudicial to the rights of your petitioner and 
violated the secrecy of the ballots of said voters; that the acts aforesaid made 
the election in the aforesaid precincts and all the ballots therein cast for the 
respective congressional candidates void and illegal and likewise made the 
several statements of the said several boards of election inspectors in said 
several precincts of no legal force or effect ; that the board of county canvassers 
of the said county of Eaton had no l^al right to canvass the votes in said 
several precincts for the reasons aforesaid and did, but should not have con- 
sidered the returns made to 8aid board of county canvassers by the boards of 
election Inspectors of said several precincts; and for the reasons aforesaid the 
board of State canvassers did but should not have considered the vote in said 
several precincts for the oflBce of Representative in Congress, and no certificate 
of election for the reasons aforesaid should have been Issued to the said John 
M. C. Smith. 

Fifth. Your petitioner further shows that the said John C. Nichols herein- 
before referred to was an attorney at law and was at said election a candidate 
on the county ticket of Eaton County in said district for the office of circuit 
court commissioner; that he was i)ersonally present in the voting place in the 
second ward In the city of Charlotte in said county of Eaton on said election 
day and was then and there actively engaged In promoting the Interests of and 
endeavoring to secure the election of said John M. C. Smith to the said office 
of Representative in Congress; that the said Nichols then and there solicited 
and attempted to persuade In and about said voting precinct voters to vote for 
said John M. C. Smith for said office of Representative In Congress; that said 
Nichols in said precinct on said election day claimed to be challenger for the 
Republican Party and under that pretense secured a position inside the railing 
where the Insi^ectors of said election were then conducting said election; that 
said Nichols, In violation of law, for a period of at least two hours on said 
election day and during much of the time of the heavy voting in said precinct 
wrongfully acted upon the board of insjjectors and wrongfully handled the 
ballots after they were marked by the voters and before said ballots were 
deposited in the ballot box, and then and there wrongfully took charge of one 
of the ballot boxes In which ballots were then being deposited for Representa- 
tive in Congress and then and there wrongfully deposited in said ballot box a 
large number of ballots in violation of the laws of Michigan then In force ; that 
said Nichols was not then and there an Inspector of said election nor clerk 
thereof nor any sort of election officer in said precinct at said election and had 
no right to be within ^aid railing, except for a period of time and for the 
purpose of casting his own ballot as a voter and not exceeding five minutes. 
That the presence of said Nichols within said railing In said precinct, except 
for the time he was actually engaged In marking and casting his own ballot, 
was fraudulent, wrong, and Illegal, and the said acts and doings of the said 
Nichols lu said voting place, as aforesaid, made Illegal and void each and every 
and all the ballots voted in said precinct on said election day and made Illegal 
and void each and every and all ballots cast for any of the congressional 
candidates on said ballots. 

Your petitioner further shows that, to wit, one day before said election the 
said John C. Nichols entered Into a scheme with one Ernest G. Pray, who was 
then the county clerk of said Eaton County, by which said Pray resigned his 
said office of county clerk nnd the said John C. Nichols secured an appointment 
as county clerk of Eaton County in his own name, which resignation and ap- 
pointment was not made public until several days after the Wednesday follow- 
ing said election ; that said appointment of said Nichols was secured by him, as 
your petitioner believes and charges the truth to be, for the purpose of pro- 
moting lK^[tSbests of the said Ernest G. Pray as a candidate for the office of 
representffV^e in the Legislature of Michigan and of John M. C. Smith as a 
candidate for the office of Representative In Congress, which sjild appointment 
gave to the said John C. Nichols the custody of the sealed envelopes containing 
the election statements and returns of the several boards of election inspectors 
of the various precincts in said county for the board of county canvassers, giv- 



CARNEY VS. SMITH. 9 

ing said Nichols the opportunity, by the abuse of his said secretly acquired office, 
of hariuj? accej?R to the said sealed enveloiies containing said election statements 
und returns which were in his custody as ca retainer only for the said board of 
county canvassers; that the sitid John C. Nichols thereafter ap|)eared l)efore the 
board of county canvassers, when said board of county canvassers actually met, 
and acted as their representative for the said John M. C. Smith before said 
board of county c^invassers. 

Sixth. Your petitioner further shows that in said election in the township of 
Hamlin, in said county of Eaton, said John M. C. Smith was given 10 votes 
more than your petitioner was given on the face of the returns made by the 
board of election inspectors of said township to the board of county canvassers; 
that the said election in said township of Hamlin and the said returns thereof 
were void and a fraud upon the rights of your i)etitioner; that said election and 
the canvass of the votes therein was by the said board of Insiiectors unlawfully, 
illegally, and wrongfully conducted, to the great prejudice of your ])etitioner*s 
rights in- the premises. 

Your petitioner further shows that the law governing said election required 
said board of election Inspectors, immediately on the closing of said polls at 
5 o'clock in the afternoon of said election day, to canvass the votes cast in said 
precinct of Hamlin at said election ; that the saiid board of election insiKH'tors, in 
the canvass of the said vote, wholly ignored the said provisions of the law of 
Michigan and did then and there, after counting a portion of the ballots cast 
at said election, and al>out the hour of 12 o'clock midnight of said election day, 
adjourn the canvass of the balance of said votes cast at said election until late 
in the afternoon of Wednesday, the 6th day of November. 1912, without any 
legal right to so adjourn ; that said board of election insi)ectors and each mem- 
ber thereof then and there, to wit, at the hour of 12 o'clock midnight of said 
election day, at the time of said adjournment, went away from sjiid polling 
lilace, leaving the ballot box unFenled and unlocked, and did then and there leave 
the ballots cast for the office of Representative in Congress unprotected and 
exposed, and did then and there take no precautions whatever to protect said 
ballots from l>eing wrongfully and fraudulently tampered with; tliat after said 
adjournment and before said board reconvened one of the members of said 
l>oard of election inspectors went back to said polling place and proceeded to 
continue the count and canvass of said ballots in private, and did then and 
there so handle said ballots and the tally sheets used in said precinct in private 
for, to wit. one hour, during which time no other member of said board of elec- 
tion inspectors or any other person was present in said polling place. 

Seventh. Your petitioner further shows that prior to said election held 
November 5, 1012, In and throughout said county of Eaton, in said congressional 
district, an agreement was entered into by and between certnin nienibers of the 
Republican Party and certain members of the KepublicMn oonunittees in and 
of said county with certain meml^ers of the I'rogressive Party nnd members of 
certain coipmittees of said Progressive Party in said county of Eaton, whereby 
it wrs !»greed between those afores.iid tli t the Uepublicni Party would not 
bring any speakers into the said comity of Eaton during the political campaign 
preceding said election to make Hi)eeches for and on behalf of the candidate for 
President of the United States on the Republican ticket. In consideration of 
which it was further agreed between the aforesaid parties that the Progressive 
Party would support the entire Republican county ticket in said county, and 
woufd also support John M. C. Smith, the Republican candidate for liepresenta- 
tive in Congress, to be voted for at said election November 5. 1012; that for 
the purpose of seeing that the members of the Progressive Party would support 
the candidates for the various county offices and sjiid John M. C. Smith for 
Representative in Congress in said election, various of the insi)ectors and other 
officers of said election precincts In said county of Eaton and particularly in the 
second and third precincts in the city of Charlotte, in sjiid county of Eaton, on 
said election day, did urge upon divers and sundry voters in said pn^cincts and 
In said two precincts last above mentione<l the aforesaid agreement, and by such 
means and other: u»l awful means exerted on said election day upon divers and 
sundry voters in «oid various election precincts and within the railing within 
the voting place wrongfully, persuasive, and fraudulent means were used for 
and on behalf of the said John M. C. Smith, candidate on the Republican ticket 
in said county of Eaton for Representative in Congress, to the tletriment, loss, 
and Injury in said election of your petitioner, and in violation of the laws of 
the State of Michigan; and for the puri)ose of seeing that the afores*iid agree- 
ment was being petfermed by the meml)ers of the said Progressive Party In 



10 CARNEY VS. SMITH. 

the various precincts hereinbefore in this petition alleged, certain of the said 
Inspectors of election and meknbers of the election boards and other persons 
did and were permitted to talk within the said railing to voters before casting 
their ballots in said various election places, and with certain other voters within 
the booths in said election places before said voters marked the ballots which 
they subsequently cast at said election ; and these acts and doings on the part 
of said insi)ectors, members, and officers of said election board and others, who 
were permitted to talk with said voters within the railing and in the booths 
of said election place and places in said county of Eaton was in plain violation 
of law and invalidated all the ballots cast in said precincts at said election, 
and made all the ballots cast for the said John M. C. Smith for Representative 
in Congress and which were cast for him at said election in said precincts 
absolutely null and void. 

Eighth. Your petitioner further shows that in the precinct of Union City, in 
the county of Branch, in said congressional district, the board of election in- 
spectors in said precinct carried on the canvass of the votes cast at said elec- 
tion so held in said precinct of Union City until, to wit the hour of" 4 o'clock 
In the morning of the 6th of November, 1912, at which time the canvass of the 
votes cast therein was not completed, and that a large number of ballots had 
not been canvassed and counted; that without first completing the canvass 
and counting of said ballots the said board of election inspectors did then and 
there unlawfully adjourn the canvass of said votes until, to wit, 10 o'clock in 
the forenoon of said 6th day of November, 1912, and each member of said board 
of election inspectors and officers of said election and all other persons did then 
and there abandon and go away from said i)olling place and did then and 
there leave the ballot boxes «nd all of the ballots cast at said election and 
the tally and poll books used by the board of election insi)ectors in said 
election at said polling place without then and there taking any precautions 
whatever to protect said tally sheets, i)oll books, and bnllots from being 
tampered with by designing persons; that the statement of the votes cast for 
the office of Congressman in wild precinct was not made out and forwarded 
to the board of county canvassers within 24 hours after said election as re- 
quired by law, was not made out In public, and was not filed with the county 
clerk for the board of county canvassers until Friday, the 8th day of November, 
1912: that for the reasons aforesaid the said election held In said township 
and the said precinct of T^nlon City, the statements of the in8i)ectors of the 
number of votes cast, and the canvass of the said vote for Representative in 
Congress was Illegal and void, and the board of county canvassers of said 
county of Branch did, but had no legal authority to. consider said votes In de- 
termining the number of legal votes cast In said county of Branch for said 
office of Representative in Congress. 

Your petitioner further shows that the said statements of the votes cast in 
said precinct of T'ulon City at said election gave to the said .John M. C. Smith 
67 more votes than were thereby shown for your i>etltloner. 

Ninth. Your petitioner further show^s that the original statements and re- 
turns of the said election, held Noveml)er 5. 1912. by the board of election 
ln8i)ectors of the .second precinct of the second ward of the city of Battle Creek, 
in the county of Calhoun, In said third congressional district, showed that 31 
votes were cast for the said John M. C. Smith for Representative In Congress and 
23 votes for your petitioner for Representative In Congress; that after the board 
of county canvassers convenetl and during the time that they were canvassing 
the votes cast in said county of Calhoun at said election that said board of 
election Inspect'ors in said second precinct of the second ward of the city of 
Battle Creek made a second return of the vote cast in said precinct showing 
that 07 votes were cast for the said John M. C. Smith and 61 votes were cast 
for your petitioner for the office of Ret)resentatlve in Congress; that said board 
of insi^ectors had no lawful authority to make a second return of the votes cast 
in said precinct at said election; that said board of election Inspectors was 
required by law to canvass the votes of the said precinct In accordance with 
the first and original return made by the wild board of election Inspectors of 
said precinct; that said board of county canvassers did then and there un- 
lawfully ignore the said original statement and return made by the said board 
of election Inspectors and did then and there canvass the vote of said precinct 
in accordance with the second statement and return of the votes cast In said 
precinct contrary to law and against the rights of your petitioner In the 
premises. 



OASNST V8. 8MIIH. 



11 



Tent^ Your pedtloner further sbowa that in the township of CUmax, in the 
county of Kalamazoo, at said election the total number of votes cast for all the 
candidates for the office of Representative in Ck)ngresB was 318; that in the 
canvass of said vote made by the board of election inspectors in said precinct of 
Climax the said board of election Inspectors canvassed only a portion of the 
ballots cast for the office of Representative in Congress; that 49 votes cast for 
the office of Representative in Congress were not counted, canvassed, examined, 
or considered at all by the said board of election inspectors in their canvass of 
the ballots cast at said election in said precinct for the office of Representative 
in Congress; that, to wit, 49 ballots were placed in the ballot box by the said 
board of election inspectors thereof to the great injury of your petitioner's rights 
in said canvass without being examined or counted or considered by said board in 
canrassing said vote ; that, to wit, three of said last-named ballots were ballots 
that should have been counted for the said John M. C. Smith; that, to wit, 35 
of said last-named ballots were ballots cast for your petitioner for said office 
and should have been counted for your petitioner in the canvass of said votes; 
that said incorrect, incomplete, and wrongful canvass of the ballots cast in said 
precinct of Climax was a fraud upon the rights of your petitioner and deprived 
him of a large number of votes which would have given him a majority of, to 
wit, 31 in said precinct. And your petitioner requests that if it becomes neces- 
sary to do so to determine the merits of this contest that the committee on 
elections may order a recount of the ballots cast in said precinct of Climax 
for the purpose of determining the true and correct number of ballots cast for 
your petitioner and for the said John M. C. Smith in said precinct. 

ElevenUi. Your petitioner further shows that the following is a schedule of 
the votes by counties as shown by the face of the returns cast respectively for 
the said John M. C. Smith for the office of Representative in Congress nnd for 
your petitioner for the same office at said election in said district on said 5th 
day of November, 1912: 

In Kalamazoo County for John M. C. Smith, 3,288 ; Claude S. Carney, 3,976. 

In Branch County for Jo^n M. C. Smith, 2,156; Claude S. Carney, 2,226. 

In Calhoun County for John M. C. Smith, 3.966; Claude S. Carney, 3,.S2S. 

In Eaton County for John M. C. Smith, 3,302; Claude S. Carney, 2,3fK). 

In Hillsdale County for John M. C. Smith, 1,897 ; Claude S. Carney, 2,242. 

That the following schedule correctly states the votes shown upon the face of 
different respective statements and returns made by the several boards of elec- 
tion inspectors of the various precincts below stated for the said John M. C. 
Smith and for./your petitioner for said office of Representative In Congress in 
said third coil^-essional district referred to in this i)etitlon, and all of which, 
together with the entire county of Eaton, are In this petition contested by your 
petitioner for the various reasons hereinbefore set forth. 



Eaton County: 

Precinct Charlotte- 
First ward 

Second ward 

Third ward 

Fourth ward 

Precinct Carmel 

Prednct Benton 

Precinct Eaton 

Prednct Roxand 

Precinct Windsor 

Prednct Bellevue 

Prednct Simfield 

Prednct HamMin 

Calhoun County: 

Battle Creek— 

Prednct noond, second ward 
Branch County: 

Prednct Union City., 

Kalamaxoo County: 

Prednct Climax 



John M. 
C. Smith 



71 
161 
214 
229 
137 
158 
139 
169 
174 
246 
171 

87 



97 

207 
83 



riuide S, 
C.jmey, 



65 

107 

116 

140 

82 

102 

43 

61 

92 

155 

104 

77 



61 
150 

82 



EMrst. Tour petitioner therefore prays, for the reason hereinbefore stated^ 
that all the votes cast for the various candidates for Representative In Con- 
gress at the election held November 5, 1912, In each and every precinct (except 



12 CABNEY VS. SMITH. 

the precinct of Climax, Kalamazoo County, Mich.), specifically named In the 
foregoing petition, and the entire county of Eaton be held to be illegal and 
void, be thrown out and disregarded, and be not counted or allowed at all. 

Second. Your petitioner prays, for the reasons hereinbefore stated, that all 
the votes cast for the various candidates for Representative In Congress in 
the entire county of Eaton be held to be void and of no force or effect what- 
soever. 

Third. Your petitioner prays, for the reasons hereinbefore stated, that all 
the votes' cast for the various candidates for Representative in Congress In 
the first ward in the city of Charlotte, in said county of Eaton, be held to be 
void and of no force or effect whatsoever. 

Fourth. Your petitioner prays, for the reasons hereinbefore stated, that all 
the votes cast for the various candidates for Representative in Congress in 
the second ward in the city of Charlotte, In said county of Eaton, be held to be 
void and of no force or effect whatsoever. 

Fifth. Your petitioner prays, for the reasons hereinbefore stated, that all the 
votes cast for the various candidates for Representative in Congress in the 
third ward in the city of Charlotte, in said county of Eaton, be held to be void 
and of no force or effect whatsoever. 

Sixth. Your petitioner prays, for the reasons hereinbefore stated, that all the 
votes cast for the various candidates for Representative in Congress in the 
fourth ward in the city of Charlotte, in said county of Eaton, be held to be 
void and of no force or effect whatsoever. 

Seventh. Your petitioner prays, for the reasons hereinbefore stated, that all 
the votes cast for the various candidates for Representative in Congress in the 
precinct of Carmel Township, in Eaton County, be held to be void and of no 
force or effect whatsoever. 

Eighth. Your petitioner prays, for the reasons hereinbefore stated, that all 
the votes cast for the various candidates for Representative In Congress in t^e 
precinct of Benton Township, in said county of Eaton, be held to be void and 
of no force or effect whatsoever. 

Ninth. Your petitioner prays, for the reasons hereinbefore stated, that all 
the votes cast for the various candidates for Representative in Congress in 
the precinct of Eaton, in said county of Eaton, be held to be void and of no 
force or effect whatsoever. 

Tenth. Your petitioner prays, for the reasons hereinbefore stated, that all 
the votes cast for the various candidates for Representative In Congress In the 
precinct of Roxaud Township, in said county of Eaton, be held to be void and 
of no force or effect whatsoever. 

Eleventh. Your petitioner prays, for the reasons hereinbefore stated, that all 
the votes cast for the various candidates for Representative In Congress In 
the precinct of Windsor Township, In said county of Eaton, be held to be void 
and of no force or effect whatsoever. 

Twelfth. Your petitioner prays, for the reasons hereinbefore stated, that all 
the votes cast for the various candidates for Representative In Congress In 
the precinct of Bellevue Township, in said county of Eaton, be held to be void 
and of no force or effect whatsoever. 

Thirteenth. Your petitioner prays, for the reasons hereinbefore stated, that 
all the votes cast for the various candidates for Representative In Congress In 
the precinct of Sunfleld, In said county of Eaton, be held to be void and of no 
force or effect whatsoever. 

Fourteenth. Your petitioner prays, for the reasons hereinbefore stated, that 
all the votes cast for the various candidates for Representative In Congress 
In the precinct of Harablln, In said county of Eaton, be held to be void and 
of no force or effect whatsoever. 

Fifteenth. Your petitioner prays, for the reasons hereinbefore stated, that 
all the votes cast for the various candidates for Representative in Congress in 
the second precinct, second ward, in the city of Battle Creek, Mich., In the 
county of Calhoun, be held to be void and of no force or effect whatsoever. 

Sixteenth. Your petitioner prays, for the reasons hereinbefore stated, that all 
the votes cast for the various candidates for Representative In Congress In the 
precinct of Union City, In the county of Branch, be held to be void and of no 
force or effect whatsoever. 

Seventeenth. Your petitioner further prays that there be addeil to the total 
number of votes returned by tlie board of inspectors of the township of Climax, 
Kalamazoo County, Mich., on behalf of the said John M. C. Smith for candidate 
in Congress 3 votes, and that there be ad<led to the total number of votes re- 



CABNEY VS. SMITH. 13 

rurned by said board of inspectors credited to your petitioner in said township 
of Climax 35 more votes than the return of said board of inspectors credited to 
your said petitioner in their said return. 

Eighteenth. Your petitioner further prays that an order be issued by the 
House of Representatives requiring the custodian of the ballot boxes and the 
box and boxes of the ballots cast in the precinct of Climax at said election held 
November 5, 1912, be produced, and said ballots for the respective candidates 
for Representative in Congress voted for at said election may be recounted and 
correctly determined as shown by said ballots, or that an order be issued by the 
House of Representatives requiring said ballot boxes containing said ballots to 
be produced before the Committee on Elections of the House of Representatives 
at such time and place as said order shall determine when made. 

Nineteenth. Your petitioner further prays that the certificate of election 
issued to and on behalf of the said John M. C. Smith entitling him to a seat in 
the House of Representatives of the Sixty-third Congress by virtue of the elec- 
tion held November 5, 1912, in the third congressional district in the State of 
Michigan be held to be null and void, and that the said John M. C. Smith be 
deprived of a seat in the House of Representatives of the Sixty-third Congress 
of the United States of America. 

Twentieth. Your petitioner further prays that for the reasons stated in the 
foregoing petition that he be held to have been elected at the election held 
November 5, 1912, In the third congressional district of the 'State of Michigan, 
as the Representative in and to the Sixty-third Congress of the United States of 
America from the third congressional district of the State of Michigan. 

Twenty-first. Your petitioner further prays and asks that such further find- 
ing and determination be made in the premises as may be in accordance with 
law, equity, and justice. 

Claude S. Carney, 
Petitioner and Contestant. 

Business address : Room 711 Kalamazoo National Bank Building, Kalamazoo^ 
Mich. 

E. C. Shields, 
Attorney for Petitioner and Contestant. 
Business address: Howell, Mich. 

John W. Adams, 
Attorney for Petitioner and Contestant. 

Business address : 108 West South Street, Kalamazoo, Mich. 

State of Michigan, 

County of Kalamazoo, western district of Michigan: 

Claude S. Carney, being sworn, says that he Is the petitioner and contestant 
named in and who signed the foregoing petition ; that the facts alleged in the 
foregoing petition by him subscribed are stated on his Information and belief 
and upon personal Investigation that he has made of the facts in said petition, 
and upon certain aflSdavlts made and sworn to as to certain of those facts, which 
affidavits are now in his possession ; that petitioner verily believes that the facts 
stated In the foregoing petition are true in substance and In fact as in the fore- 
going petition the same are set forth; that petitioner files this petition and 
makes this contest in good faith and believes that his contest is meritorious, and 
that he is entitled to be seated as a Memt)er of the House of Representatives In 
the Sixty- third Congress from the third congressional district of the State of 
Michigan in the place and stead of John M. C. Smith. 

Claude S. Cabney. 

Subscribed and sworn to before me his 4th day of January, A. D. 1913. 

[seal.] Joseph W. Stockwell, 

United States Commissioner in and for 

the Western District of Michigan. 

To John M. C. Smith. 

Sib : Please take notice that annexed hereto is a proposed amendment to my 
notice of contest heretofore served upon you, together with petition to the 
House of Representatives of the United States and to the Committee on Elec- 
tions praying that the annexed amendment may be authorized and permitted. 

Dated April 22, 1913. 

Yours, etc., Claude S. Cabney. 



14 CABKET VS. SMITH. 

PETirrON FOR A\ AiiEyDMEXT TO COXYESrANTS NOTICE OF 

CONTEST. 

To the House of Representatives in the Congress of the United States, and to 
the Committee on 'Elections thereof: 

1. Your petitioner, Claude S. Carney, being first duly sworn, represents that 
heretofore on to wit, the 8th day of January, 1913, he caused to be served upon 
John M. C. Smith his written notice contesting the election of the said John 
M. C. Smith to the office of Representative in Congress for the third congres- 
sional district of Michigan for various reasons in said notice set forth. 

2. Tour petitioner further shows that at the time of filing said notice he had 
no Isnowledge or Information concerning the matters set forth In the annexed 
proposed amendment to said notice of contest. 

3. Your petitioner shows that he made diligent search and Inquiry In Eaton 
County before the filing of said notice of contest for the purpose of learning the 
details of the illegal conduct of the various members of the boards of Insiiectors 
of the said November 5 election in the different precincts and townships of 
said county of Eaton, and that, as your petitioner is informed, the utmost 
secrecy was maintained by said board of election inspectors of said township of 
Wlnsor concerning the matters set forth in said amendment, and that your 
petitioner did not learn and had no means of learning of the matters set forth 
in said annexed proposed amendment to his said notice of contest, prior to the 
time of filing his said notice of contest. 

4. Your petitioner further shows that he is Informed and believes that said 
ballots were after the said November 5 election preserved in the ballot box 
used at said election ; that said ballot box was opened at the time of the town- 
ship election held on Monday, the 7th, day of April, 1913, and said ballots de- 
stroyed, and that shortly thereafter the matters set forth In the annexed amend- 
ment were discussed by some of the citizens of said township of Wlnsor; that 
your petitioner lives to wit about 65 miles from the place of holding elections 
in said township of Wlnsor and for the first time on the 14th day of April, 1913, 
received Information concerning the matters set forth in said amendment ; that 
on the 18th day of April, and as soon after being informed concerning said 
matters as your petitioner could conveniently do so, he made a trip from Kala- 
mazoo to said township of Wlnsor, Eaton County, for the purpose of investigat- 
ing said information ; that your petitioner believes that each and every matter 
set forth in said amendment Is true and material in his said contest ; that your 
petitioner has made this application for his said amendment as early as he 
reasonably could do after learning of the facts therein set forth. ^ 

Your petitioner therefore prays that an order or resolution may be made and 
entered in this matter authorizing and permitting your petitioner to amend 
his original notice by adding thereto the matters set forth in the annexed 
amendment with like effect as if said matters were contained in his original 
notice of contest. 

Claude S. Carney. 

Snbsc-rlbed and sworn to before me this 22d day of April, 1913. 

Obba Stieghtz, 
Notary Public in and for Kalamazoo County, Mich. 

My commission expires December 12, 1916. 

AMEXDMEXT TO COXTESTAXTS XOTICE OF COXTE^T. 

To the House of RcprcHcrttatives in the Congress of the United States: 

And now comes your i)etitloner. Claude S. Oirney, and amends his original 
notice of contest in the above-entitled matter by nddlug to snld original notice 
of (ontost a new paragraph, to be known as paragraph 12. which said new para- 
graph Is as follows : 

" Twelve. Your iietitioner further shows ui)on inforniatlon and belief and 
so charges the truth that at said election so held on said nth day of Nevember. 
1912. in the said township of Wlnsor, in said county of Eaton, a large number 
of vohl and illegal ballots were by said board of election insi)ectors of said 
township of Wlnsor, In sjild county of Eaton, counted for various candidates 
for the ofllce of liepresentatlve in Congress, which said void and Illegal ballots 
so counted by said i)Ortrd of lnsi)ectorK of said election of said towushli) of 
Wlnsor did not bear the initials of any member of the board of ins[)ectors of 
wild election, and did not bear any initials at all.*' 



CARNEY VS. SMITH. 15 

Your petitioner further shows that be is Inforiued. and believes and so charges 
the truth, that all of the ballots counted by the said board of in8|)ector8 of said 
election in said township of Winsor for the various candidates for the office of 
R<»presentatlve in Congress were void and llleKal ballot?, for the reason that no 
one of said ballots, when so counted then and there, had written upon the back 
the initials of any member of said Iward of inspectors of said election, and 
that nut one of s>'aid ballots so counted had any initials at all of any kind 
written upon the back thereof. 

That the said board of election inspectors of said township of Winsor did 
then and there canvass and count 174 ballots for John M. C. Smith for the office 
of Uepreseutalive in Congress, all of which were illegal and void ballots, and 
that not one of said 174 ballots, so canvaFse<l and counted for said John M. C. 
Suiitb, were indorsed with the initials of any inspector of said election, and 
:)]] of 8:1 id bnllots were without any initials at all indorsed uix>n the back 
thereof, and that said board of election inspectora did then and there canvass 
and count for your i)etitioner, Claude S. Carney, 92 ballots, and that none of 
said ballots were indorsed with the initials of any Inspector of said election. 

Your petitioner further shows that he is informed and believes that if any 
iii>])ector ever wrote his initials ui>on any of the ballots used at said election 
«aid initials were written al>ove the perforation on every ballot and upon the 
l>erforated corner containing the numl)er of the ballot, and in each and every 
instance Siiid initials were torn off each and every ballot before said ballot 
was de|X)sited in the ballot box by the inspector in charge of said ballot box, 
so that at the time of the canvass of said vote by the said board of election 
iun)eetors after the closing of the i}ons none of the said ballots had written or 
indorsed thereon any initials of any insi)ector as required by law. and that 
inasmuch as the statutes of Michigan provide in express language that '' in 
*he canvass of the votes any ballot which is not indorsed with tlie initials of 
the ins[)ector8 shall be void and shall not be counted." all of the bnliots Can- 
vasseil from the township of Win?or at said election for the various candidates 
for Uepresentative in Congress should accordingly be declared void and Illegal, 
and should he deducted from the total vote canvassed by the board of county 
canvassers of Eaton County for the said various candidates for said office of 
Kepresentative In Congress. 

Your i)etitloner, therefore, in addition to all other matters prayed for In his 
original notice of contest, prays that all of the votes cast for the various candi- 
dates for the said office of Representative in Congress for the reasons aforesaid 
l)e held illegal and void and of no force or effect whatever. 

Claude S. Carney. 

State of Michigan, County of Kalamazoo, ss: 

On this 22d day of April, 1913, before me, a notary public, i)ersonally appeared 
Claude S. Carney, the above-named petitioner, and made oath that he had read 
the forgoing amendment by him subscribed: that the same was true, of his 
own knowledge, except as to those matters therein stated upon his information 
and belief, and as to those matters he believes them to be true. 

Orba Stibglitsi, 
Notary Public in and for Kalamazoo County, Mich. 

My commission expires December 12, 1916. 

E. C. Shields. 
John W. Adams, 
Attorneys for Contestant, 

State of Michigan, County of Baton, ««: 

R. R. McPeek. of the city of Charlotte, county of Eaton, and State of Michi- 
gan, being duly sworn, deposes and says that on the 3d day of February, 
A. D. 1913, he served a true copy of the answer to notice of contest, of which 
the attached is a copy, personally on Claude S. Caniey, contestant named in 
said proceedings, by then and there delivering the same to said Claude S. Car- 
ney at the office of said Claude S. Carney In the city of Kalamazoo, in said 
State of Michigan. 

R. R. McPeek. 

Subscribed and sworn to before me this 4th day of February. A. D. 1913. 
[seal.] Vaughan G. Griffith, yotary Public. 

My commission expires December 10, 1914. 



16 CABNEY VS. SMITH. 

ANSWER TO NOTICE OF CONTEST. 

Sib : Please take notice that the following is a copy of the answer of the con- 
testee filed with* the Clerk of the Hoase of Representatives of the United States 
in the above-entitled contest. 

Yours, etc., J. M. C. Smith, Contestee. 

Dated February 1, 1913. 

To Claude S. Carney, Contestant, 

ANSWER OF JOHN M. C. SMITH, CONTESTEE AND RESPONDENT, TO NOTICE OF INTEN- 
TION TO CONTEST BY CLAUDE S. CARNEY, CONTESTANT. 

Now comes John M. C. Smith, respondent, and now and at all times hereafter 
saving and reserving unto himself all benefit and advantage of exceptions which 
can or may be had or taken to the many errors, uncertainties, and other imper- 
fections In said notice contained, for answer to the said notice of the Intention 
of the said Claude S. Carney to contest the election of respondent, John M. C. 
Smith, as a Member of the House of Representatives of the Congress of the 
United States at the election held In said third congressional district of the 
State of Michigan for said office on the 5th day of November, A. D. 1912, which 
said notice was served ui)on the respondent on the 8th day of January, 1913, 
following, says : 

And among other objections to the said notice of contest the respondent ex- 
pressly reserves to himself and does not waive the right to raise the point at 
the hearing that the said notice proceeds upon the theory of stating many pro- 
visions of the election law of the State of Michigan, and of pointing out in many 
precincts certain irregularities and alleged misconduct in the detail work of 
several boards of election inspectors at various voting precincts In said congres- 
sional district, and wholly falls to allege that the result of the election was lu 
any way altered or affected by any of the Irregularities set forth In said notice, 
and does not allege that the contestant received a larger number of legal votes 
at said election than were given and counted for the respondent. 

This respondent admits that the third congressional district of Michigan is 
composed of the five counties mentioned In the first paragraph of contestant's 
petition, and admits that contestant was the Democratic candidate for Repre- 
sentative for Congress for said third congressional district, and that he resides 
In the city of Kalamazoo, lu the county of Kalamazoo; and admits that the 
respondent was the Republican candidate for Representative for Congress for 
said third congressional district at said election, and that he resides in the 
city of Charlotte, in said county of Eaton; and alleges that one Edward N. 
Diiigley was the candidate of the Progressive Party for Representative for 
Congress for said third congressional district at said election, and that he re- 
sides In said city of Kalamazoo; and alleges that one Levant L. Rogers was 
the candidate for the Socialist Party fop the same office at the said election. 

Respondent admits that the result of said election was determined by the 
board of State canvassers on the 10th day of December, 1912. That on the 
face of the returns as determined by said board of canvassers 14,609 votes were 
cast for respondent and 14,482 votes were cast for said contestant; that the 
said John M. C. Smith claims a seat in the Sixty-third Congress by a majority 
of 127 votes, but denies that the result was brought about by false, fraudulent, 
and Illegal returns being made by several of the various inspectors of election 
in said district, or by a false counting of ballots, or by corrupt and unlawful 
conduct of the various boards of election Inspectors,, officers, or other persons 
in any of the various precincts of said district, or by any of the members of 
the county canvassers of said district by means of which the contestant was 
deprived of his lawful, just, or legal rights in the premises, and denies that the 
contestant was justly, lawfully, and legally elected to said office at said elec- 
tion ; that he was wrongfully, fraudulently, and unlawfully deprived of his right 
in said election to a certificate thereof or to a seat in Congress from the third 
congressional district of Michigan, as alleged In said notice; and respondent 
alleges that he was legally and lawfully elected to said office and was entitled 
to the certificate of election which was issued to him by the board of State 
canvassers. 

This respondent further answering, alleges that the said election was legal, 
fair, honest, and just, and that the said contestant, Claude S. Carney, received 
credit for every vote cast for him in the count of ballots, and that there was 



CARNEY VS. SMITH. 17 

no fraudulent or illegal voting, and that no votes were cast in said district for 
r^iwndeut except by lejcal and duly qualified electors residing in the precinct 
where the vote was cast: that no vote was counted for respondent that was not 
a legal vote; that no fraud, intimidation, or illegal persuasion was used to 
affect or change the desire, intention, or purpose of any voter in casting his 
ballot for his choice of candidates for such office; that said Edward X. Dingley 
the candidate for the Progrej^sive Party for said office at said election, was 
determined by said board of State canvassers to have received of the votes at 
said election 12,917; that Levant L. Rogers and Levant C. Rogers were the 
candidates of the Socialist Party for the same office at the same election and 
were determined by said board of State canvassers on said 10th day of Decem- 
ber to have received, respectively, 1,737 and 1.009 votes cast for said office, and 
that the returns made by the various canvassing boards mentioned in said 
noticre of contest are correct. 

The resiwndent further says that said contestant has not set up in said notice 
of contest a claim that any illegal or spurious votes were cast at said election 
for the res[)ondent, nor the number of votes claimed to be illegal or by whom 
any such vote was cast; that such answer Is Indefinite, vague, and uncertain 
and consists merely of charges of slight irregularities by various election In- 
s|)ectors and canvassers without any claim that such irregularities in any way 
affected the result of the election, and without any allegations that if the Irregu- 
larities alleged had not occurred that the result would have been different from 
that finally announced and proclaimed in the several precincts mentioned, and 
that such general allegations of irregularitit^s are not sufficient to impeach 
said vote or disfranchise the voters In any precinct complained of In said dis- 
trict: and further answering the allegations set forth in the notice of contest 
in this case, respondent says: 

First. Respondent admits that in the conducting of said election it was the 
legal duty of the various boards of election inspectors at the various voting 
precincts in eaeh county In said congressional district to transmit to the board 
of county canvassers of that county statements of the results of their various 
re8i)ective precincts of the count made of the votes cast therein at said election, 
but respondent alleges that the statement of the law regulating the practice 
in those cases as set forth In said notice of contest is misleading, and alleges 
that by section 38 of Act No. 214 of the Public Acts of Michigan for 1901 it 
is provided that after the count of the tickets or ballots have been completed 
by the board of election Inspectors the result shall be publicly declared, and 
the statute proceeds in the following manner : 

"The Inspectors shall then prepare a statement of the result In duplicate 
showing the whole number of votes cast for each office, the names of the per- 
sons for whom such votes were given, and the number each person received, 
in which statements the whole number of votes given for each office and the 
number given for each person shall be written out in words at length. Such 
duplicate statements, when certified by the inspectors and duly signed, shall 
be delivered to the township or city clerk, and shall by said clerk be, within 
24 hours after the result is declared, delivered In person or immediately for- 
warded by registered mail, one copy to the board of county canvassers, in care 
of the judge or register of probate, and the other, together w*lth one of the 
original tally sheets, to the county clerk, which said statements and tally sheets 
shall be placed in separate envelopes and sealed by said in8i)ectors before their 
delivery to the township or city clerk." 

And denies that there are statutoi-y provisions requiring or contemplating 
that the sealed envelopes containing the statements and returns wLich are to 
be delivered to the county clerk shall be by him delivere<i to the board of 
county canvassers and the seals of his mail be broken only by the board of 
county canvassers, as alleged in said notice of contest, but resi»ondent alleges 
that it is contemplated that the duplicate coi>y which is mailed to the county 
clerk shall be by him opened and the statements and returns filed in his office 
and become then and there a public reconl. subject to exaniination by any Inter- 
ested i>erson; and that the duplicate copy which is mailed or delivered to the 
board of county canvassers either in person or by mail in care of the judge 
or register of probate, is the mail of the board of county canvassers and may 
be by said board opened when the same shall be delivereil to said board of 
county canvassers. 

Respondent further alleges that by the provisions of section 4 of act No. 
43 of the public acts of Michigan for 1905 the board of county canvassers shall 

286—13 2 



18 CABNEY VS. SMITH. 

proceed without delay to canvass the return of votes cast for all candidates for 
office voted for and all other »iuestions voted on at said election according to 
the returns filed in the office of the countv clerk bv the several boards of 
election insi)ector9 at the various voting precincts in the county. And the board 
has its own duplicate of the returns which is delivered to it in person by the 
Judge or register of probate, with which it can verify the returns on file in 
the office of the countj' clerk. Respondent also raises the point that the no- 
tice of contest makes no pretense that the election returns received by the 
county clerk were in anywise altered, changed, or tampered with. 

Respondent further til leges that the judge of probate for said county of 
Eaton deliveretl to said board of county canvassers the duplicate copy for- 
warded to said board of county canvassers in charge of the judge or register 
of probate of said county from each election precinct of said coimty, and 
alleges that said board of county canvassers itself broke the seals of said 
duplicate returns and considered the same in coimection with the returns on 
file in the said office of the county clerk of said county. Respondent denies 
the allegation in said notice of contest that none of sjiid statements of the 
result of said election in said county of Eaton were delivered under the seal 
of the respective boards of the election insiiectors to the said board of county 
canvassers on the Siiid date fixed by law for the first meeting of said bonrd of 
county canvassers, but says that all of its statements of the result of said 
election in said county of Eaton, being a statement from each of the voting 
precincts in said county, were delivered under the senl of the respective boards 
of election insi)ectors by the judge of the probnte court in said county of Eaton 
to the board of county canvassers on the said day fixed by law for the first 
meeting of said board of said county canvassers; and denies that after snid 
statements were sealed in their respective envelopes, or shortly after said 
election, or before the time fixed by law for the first meeting of the board of 
county canvassers the said election Inspectors' ^eals on Siiid envelopes ad- 
dressed to said board of county canvassers containing the statements and re- 
turns, as well as said envelopes themselves, were willfully and unlawfully 
broken, said statements removed from said envelopes and delivered over to 
the various individuals, including the resiwndent and one John Davis, of Battle 
Creek, Mich., one of the Republican congressional committeemen " and one of 
the political campaign managers of siiid John >r. C. Smith in said district," 
and denies that John Davis, of Battle Cre(%, Mich., was one of the Republican 
congressional committeemen of said district, and says that the envelopes 
which were sealed and forwarded by mail to said county clerk, containing a 
duplicate statement of the results of siiid election, were opened by said county 
clerk and the statement's taken therefrom and filetl in his office, as is contem- 
plated by law, and became public records of his office and were subject to 
examination by the public in general; but, further answering, denies that the 
respondent or said John Davis or any other i)erson was given free, unlimited, 
and private access thereto; and denies that any i)arty interested in the elec- 
tion of said John M. C. Smith was permitted before tlie meeting of the board 
of county canvassers to remove or did remove any of sjild statements from 
the office of sa4d c<mnty clerk, who was the lawful custodian thereof, and 
denies that one William Smith, a son of the respondent, ever sjiw, handled, or 
removed from the oflice of said county clerk any of those statements, and 
denies that any opportunity was thus wrongfully, corruptly, willfully, unlaw- 
fully, or intentionally given to the respondent or to those interested in his 
election to unlawfully change and alter said statements and returns, and 
denies that John C. Nichols, the county clerk of Eaton County, unlawfully con- 
nived and conspired with the said John M. C. Smith and William Smith, said 
John Davis or other persons interesteil in securing the election of the re- 
spondent, by unlawfully permitting said statements to be manipulated before said 
meeting of the board of county canvassers, but says that the respective returns 
and statements from the several boards of election inspectors from the various 
precincts in said county were addressed, mailed, sealed, and delivered to the 
county clerk for said county of Eaton, and that said John C. Nichols was then 
and there the county clerk of said county of Eatim. and that he received said 
returns and statements inclosed in secure envelopes and sealed, mailed, and 
delivered to him by tlie said several boards of eltHHion insi)ectors, as is re- 
quired by law, and opened the same to ascertain what was contained in the 
envelopes, as he had the lawful right to do, they being addressed to him 
officially, and recorded and filed said returns and statements of election, 



CARNEY VS. SMITH. 19 

whereby they became public records in his office: and tliat Siiid statements 
and returns were written in inli and now sliow that they have not been altere<l. 
changed, or tampered* with since they were made out by the respective boards 
of election inspectors, and that said returns are of such a nature, character, and 
form that they could not be altered, cliauged, or tampered with wltliout being 
discernible to the naked eye. And said retuins never have been altered, 
changed, or tampered with and were by the board of county canvassers com- 
pare! with the duplicate returns and statements delivered to them under seal 
and found to be duplicates of the set which had been delivered to said l)oard 
of county canvassers by said judge. 

Respondent alleges that said notice of conte^Jt is not fair in the statement of 
the law r^ulating the practice relative to these returns and that it is inten- 
tionally misleading in secreting and suppressing the f^ct that a dui)lirate set 
of the required returns and statements of results had been seale<l, mailed, and 
delivered to said board of county canvassers in care of the Judge or register 
of probate; and there is no allegation in the notice of contest that any altera- 
tion had ever been made to effect the integrity of the statements and returns 
on file with the county clerk. 

Resiwndent further denies that the statements on file in the r:aton County 
clerk's office, and delivered personally to said board of county canvassers by 
the judge of probate for sild county, form no basis for the lawful canvass of 
saitl ballots of said county for the office of Representative In Congress; that the 
breaking of the seals and opening of the envelopes containing siiid statements 
before the meeting of the county canvassers of said county made said s'tatements 
of no validity in law and of no legal force and effect, and furnish no basis 
whatever on which to predicate any claimed election of resi)ondont, and made 
the votes and ballots for Representative in Congress in sjiid county illegal and 
%'oid and of no more force and efl'eit than if sjiid ballots had never been cast, 
as alleged in sjiid notice of contest: but admits th.it the canvass of «iid votes 
in said coimty of Eaton gave to resijondent a plurality ov€»r tbe contestant of 
912 votes. 

Resiioudent further alleges that it is the general i)ractice in counti<^ within 
said third congressional district, also throughout this State, that when 
the statements and returns of tlie results of election are forwardeil to the 
county clerk personally, as required by law, the county clerk ininicdiately oi>ens 
the envelopes containing such statements, and tliey are placed (m file as required 
by law and are open to the insi)ectlon of any interested person; while the 
envelopes containing the duplicates of sm-h statements and returns which are 
sealed and forwarded to the board of county canvassers in care of the judge 
and register of probate, are preserved intact and delivered by the judge or 
register of probate to tlie l)oard of county canvassers personally when it con- 
venes on the day appointed by law for tlielr convening; and resi)ondent further 
alleges that this was the practice pursued at this election in the counties of 
Branch, Calhoun, and Hillsdale in said congressional district, and alleges that 
the county of Kalamazoo in said district was the only county In which the 
clerk did not open his mail and remove the statements from the several 
enveloi>es and place the same on file, subject to public inspei'tion, before the 
convening of the board of county canvassers. 

Second. Respondent admits that on the face of the returns of the election in 
the township of Sunfleld, in said county of Eaton, he was given 70 votes more 
than the contestant, but denies that the ele<!tion in said township of Sunfield 
was void and a fraud ui)on the rights of the contt^tant. and denies tliat it was 
unlawfully, illegally, and wrongfully conducted to the great prejudice of the 
contestant's right in the i)remises. 

1. Respondent denies that the mandatory provisions of the Michigan election 
law make it the clear duty of one of the ijisjiectors of said election to keep 
possession of the ballots and to hand them to the voters after another inspector 
has opened the package of ballots, and still another had put his Initials upon 
said ballot; and denies that in plain violation of such alleged mandatory pro- 
vision of the law of Michigan said ballots were then and there wrongfully and 
willfully placed in the hands of one Albert Sayer. who wjis then and there 
called upon and permitted by sjiid board of insin^ctors to act as instructor to 
said voters; and denies that the ballots were illegally distributed to the voters 
or that any of the officers of said board of election insi)ectors was then and 
there placed in a compartment by himself out of the view and hearing of all 
of the board of inspectors in sjiid i>reclnct at said election; and denies that 



20 CABNEY VS. SMITH. 

said Albert Sayer mentioned in said notice of contest was not tlien and there 
an inspector of said election; and denies that there wq,s no legal authority 
to call in said Sayer to act as instructor or a« officer of ssiid board of said 
election inspectors; and denies that there was no legal right to make said 
Albert Sayer one of the officers of said board of election inspectors, and to 
give him the right to handle then and there said ballots and deliver them to the 
voters as needed; and denies that any ballots were delivered to the voters at 
such precinct when the voters were without the railing of the voting precincts 
as provided by law; and denies that said Sayer was given any opportunity to 
converse with the voters privately; and denies that he did so converse with the 
voters in private within the railing of the voting room out of the hearing of 
the board of inspectors; and denies that said Sayer used any improper means 
whatever in the interest of this respondent, and says that the election was 
conducted in the precinct in question in one room and all of the officers con- 
necte<l with such election and the voting booths were within one room. 

2. Respondent jidniits that about the hour of 12 o'clock noon on said election 
day said board of insiiectors adjourned for at least one hour, and says that it 
was within their legal right so to do. Respondent admits that two ballot boxes 
were used on said day in said voting precinct for the purpose of receiving and 
containing the l>allots cast for Representative in Congress at said election; but 
denies that when said election board was adjourned for noon each and all of 
said inspectors, clerks, and all others who were then assisting said board in 
siiid electlpn, left said voting place at the same time and left the Siiid two 
ballot boxes and the ballots therein in said voting place unsealed and unlocked 
without any precaution or measure being taken, as is required by law at the 
time of said adjournment, to prevent fraudulent tampering with said ballot 
boxes; and denies that one Z. Slater, a gatekeei>er at siiid election, was unlaw- 
fully, for at least one hour, given custody of and free access to the ballot boxes 
and the ballots therein, and also of the uncast and unvoted ballots which were 
in said voting place, and of the poll list kept at said election. 

3. Respondent denies that the count of said ballots in the township of Sun- 
fleld was not made by the board of iusiiectors of said election as required by 
law, but alleges that every legal ballot cast at this precinct for the office of 
Congressman was correctly counted and tallied: and alleges that respondent 
received 70 legal votes more than the contestant received at this precinct; 
and respondent further says that the inspectors of the election at the precinct 
in Sunfield were Democrats and were opi)osed to the election of resi>ondent, 
and were in favor of and voted for the contestant and the conduct of th«5 
election in this precinct was In the hands of Democrats who were adverse to 
the election of resiwndent. and that if any irregularities were designedly prac- 
ticed by the board in this precinct, it was for the purpose of invalidating the 
votes which the electors cast for the resi)ondent. Respondent alleges that when 
the votes were counted at this precinct by a board which was adverse to him- 
self, and the members of which board were arguing In favor of the election 
of contestant, the board should not by its act be allowed to disfranchise the 
electors who had voted for resiwndent by omitting some of the directory pro- 
visions of the election law and enable the contestant to procure the throwing 
out of this vote; respondent denies that the election board during said count 
left their posts and permitted third parties who had no legal or lawful right 
whatever so to do, to wrongfully and corruptly act as counters and tally clerks 
in the place of the lawful members of said election board, and denies that said 
Albert Sayer among others was then and there i)ermitted to act as one of the 
counters of said ballots without any authority so to do or that one William R. 
Witherall was pei-mitted to act on said election board, or was permitte<i to act 
or did so act in ])lace of one of tlie legal memi)ers of said board, or that he was 
unlawfully allowe<l to and did then and there handle the ballots, statements, 
and tally books and kept and made any illegal tally, but alleges that if any 
other person did assist In the keeping or in making said count, the same was 
not done in the interest of resjHuident, but was done by those who were opposed 
to respondent as iwlitical partisans. 

Resiwndent denies that one Joel Bera was acting as an inspector of election 
at this precinct, and denies that he had been campaigning for respondent dur- 
ing the day of election, and denies that said Joel Bera was actively engaged 
throughout said election in promoting and aiding respondent; and denies that 
he acted as an insiKK?tor of said election; and denies that any lawful vote then 
and there cast for the contestant was not credited to the contestant in the 



CABNEY VS. SMITH. 21 

tally and count, which should have been credited to him ; and denies that any 
Yotes were credited to respondent which were not cast for him. 

Respondent alleges that said Joel Bera was entirely neutral on the day of the 
election; that the township clerk of said township is a son-in-law of said Joel 
Bera: that said township clerk had apr»ointed Joel Bera as his deputy clerk, 
and that said Joel Bera for a long time previous to said election was the 
deputy township clerk for sMid township of Sunfield; that said township clerk 
was temporarily^ called from his post on said election board during the counting 
of the ballots and he called his deputy, said Joel Bera, to take his place tor a 
time, and that the work performed by said Joel Bera on said board in place of 
the township clerk was simply clerical work in tall>ing the vote as given to him 
by one of the Inspectors of election; that two clerks were employed keeping 
duplicate tally sheets; and that tliey were checked and kept under the eye of 
Jthe inspectors of election and the general public, which by the Michigan law 
had the right to be present and watch the counting; and that the count was 
legal and correctly kept by the cierks of said election, and that Joel Bera only 
acted in the ()lace of the township clerk for a limited period of time on the 
morning of November 6, while the township clerk was absent from the board ; 
and respondent denies that said Joel Bera on said election day was personally 
interested or actively engaged througtiout said election in promoting and aiding 
the resi)oudent in his election. 

4. Respondent admits that the election laws of Michigan provide that imme^ 
diately upon closing the ballots the board shall proceed to canvass the yotes, 
but alleges that said law is directory only as to the steps of counting the ballots, 
and that the legally qualified voters can not be disfranchised because of any 
departure from such directory regulation in not counting said votes within the 
time or as directed by said statute where no injury is shown to result therefrom, 
and this respondent denies that mild board of Inspectors in the township of 
8uu field imlawfully permitted outsiders to assist in carrying on the count of 
the vote or tlmt the said board of inspectors did publicly announce the adjourn- 
ment of its proceedings at about the hour of 12 o'clock midnight until 7 o'cUx-k 
the next morning, or that all of the members of stiid board at 12 o'clock mid- 
night of said election day blew out the lights or placed said iK>lling place lu 
darkness, or that it went away from said polling place leaving the ballot boxes 
unsealed or unlocked, or that designing persons could easily tamper with 
said ballot boxes, or that several members of said election board adjourned to 
the barber shop or remained away for three-quarters of an hour, or thnt upon 
adjournment at the time several of the members went to bed, but alleges the 
truth to be that the chairman of said election board, the supervisor in said 
township of Suufleld, one John Palmer, one of the Democratic members of said 
board, refused to continue to count said ballot, claiming that he was exhausted, 
and sat in the corner of the room and slei)t while the other members continued 
the canvassing and counting of said vote and finally insisted on going home at 
»lK)ut the hour of 12 o'clock midnight: that thereupon one of the inspectors 
telephoned to the prosecuting attorney of said county of Eaton in the city of 
Charlotte for the purpose of obtaining advice from sald.ofllce as to whether 
an adjournment of the count might be taken and had, and obtained the advice 
that the board should continue the count; that said John Palmer was then 
notified by the balance of the board of the advice given by the prosecuting 
attorney and notified that the board would continue the counting of the ballots 
and was requested to return to the voting place where such count was being 
uiade by the balance of the board of Inspectors, but that said Jobn Palmer, 
Democratic chairman and supervisor, as aforesaid, absolutely refused to remain 
or return, claiming that he was tired out and could work no longer; that there- 
upon the remaining members of the board reconvened; that another Democratic 
member, Frank U. Bacon, became 111 to such an extent that he died within two 
weeks after such election day. and. although there was dlfllculty in keeping 
such election board together, this respondent denies that there was any fraud 
practiced, any illegal voting done, or any ballots cast by other than legally 
qualified voters residing in the township of Sunfield. and that all the voten 
so cast for said contestant were counted for him: that the contestant rereived 
his full quota of all such ballots, and that no ballots were In any way counted 
for this respondent that were not cast in his favor by legal resident voters of 
said township, and denies that there were any votes cast for contestant that 
were counted for this respondent: and alleges that contestant received every 
vote cast for him at such election, and that the result of such election was In 



22 CARNEY VS. SMITH. 

« no ways changed by reason of the coDduct, actings, or doings of said board 
or of any other person, and alleges that the act of said Democratic members of 
said election board In their attempt to obtain advice as to whether they could 
adjourn, or in the action of the chairman of said board in retiring to his home 
for sleep and refreshment, were in no way in the interest of this respondent. 

This respondent further answering denies that the ballots or ballot boxes 
in said voting precinct were tampered with by any person whomsoever, or that 
there are any tainted or illegal votes among the votes cast for this respondent 
in this precinct, and declares that such election was fair and just in all particu- 
lars, and that the rights and interests of contestant were safeguarded and pro- 
tected upon all sides by the election officers who were then and there favorable 
to the contestant and willing to do all they could legally do to aid and assist the 
election of contestant, and insists that the action of the Democratic members 
upon said board should not be allowed to disfranchise the votes cast by the 
legal citizens and voters of this township in favor of the respondent. This 
respondent further answering says that the proper, necessary, and legal 
announcement was made as to the opening and closing of the polls, and de- 
nies that none of said board of inspectors of said township of Sunfleld were 
continually present during the canvass of the votes. 

This respondent denies that the canvass of said votes in said precinct was 
not a public canvass, or that It was fraudulent or Illegal or void; or that at 
P o'clock a. m. on the 6th day of November, 1912, said board disbanded without 
first having made a statement and declaration of the result of said election in 
said precinct as required by law; this respondent further answering denies 
that the members of said election board agreed among themselves to meet at 
the office of said Frank H. Bacon (one of the Democratic members of said board 
of Inspectors at said election) for the purpose of making out and signing the 
statements of the result of said election, or that the statements of the result of 
said election w^ere brought to the office of said Bacon already made out; or 
that the statements were not made out in the presence of the board of in- 
spectors; or that the said board of inspectors signed said statements without 
knowing whether the statements were true or false; or without knowing 
whether said statements gave the correct count of the results ot the vote cast 
in said precinct for the office of Representative in Congress; and denies that 
said statements were fraudulent, or that there was any fraud in dating the 
statements on the day of election instead of the day on which the count was 
concluded ; and alleges that the inspectors are not required by the law to make 
the statements and returns immediately on closing of the count, but alleges 
that the law requires that such statements and returns be made within 24 
hours after the public declaration of the result; and alleges that there is no 
particular place mentioned where such statements and returns are required to 
be made; and alleges that it would not invalidate said returns providing they 
are finally correct if they were made out and signed at different places within 
the polling places, or in any adjoining rooms, or even if they had been on this 
occasion made out by clerks who prepared the returns and statements and laid 
them before the board for their ratification at the office of the justice of the 
peace, said Frank H. Bacon, at any time within 24 hours after their public 
announcement of the result of the election. Respondent alleges that the only 
material inquiry is as to whether the statements and returns were true, and 
there is no allegation in tlie notice of contest of any known false statement in 
any one of the returns and statements from this precinct. Respondent further 
alleges that such returns were made out correctly and contained a correct state- 
ment of the entire vote of such precinct, and such statements are signed by the 
Democratic members of the board who were then and there politically opposed 
to the election of respondent. Respondent further denies that the statements 
were falsely dated November 5, 1912, for the purpose of concealing the unlaw- 
ful conduct of said election board; and denies that if said statements and re- 
turns were not made out until the forenoon of November 6, 1912, the act of the 
board in dating the statements and returns November 5, 1912, was Illegal, and 
alleges that said act was wholly immaterial and that the time of making out and 
dating such statements and returns is wholly immaterial as It appears that in 
any event the statements and returns were made out within the time limited 
by law, which is 24 hours after public announcement of the result of the elec- 
tion. Respondent further denies that the said board of Inspectors did not pub- 
licly declare the result of said election and the number of votes received by 
each person who was a candidate for Representative in Congress, as required 
by law. 



GABNEY VS. SMITH. 23 

Third. Respondent admits that in tlie township of Carmel, in the county of 
Eaton, on the face of the returns tlie hoard of election Insfiectors gave to 
i-espondent 55 votes more than to contestant : but denies that said returns were 
illegal and wholly void, and says that the ballots cast for the respondent in said 
township of Cannel were ballots legally cast by the qualified electors of said 
township for the respondent and that no more votes were given to him by the 
board of election inspectors tiian were actually and legally cast for him by the 
legally qualified electors of said township, and that said contestant received 
full credit for everj' vote which was legally cast for him at said ele<'tion of said 
township of Carmel. Respondent alleges that an emergency arose in said town- 
ship which was not foreseen by the township officers The ballot for officers 
voted for at this election was a very large paper, and by 2 o'clock in the after- 
noon of said election day the ballot box in which were deposited the ballots 
given for officers was so filled that no more Ballots could be pressed into the 
box, and voters were present desiring and offering to vote; and upon a dis- 
cussion of the question it w^as agreed that the board might open the ballot box 
and empty the ballots upon a table and replace the box for the rect^ption of 
ballots from the voters and that the balloting should proceed, and the ballots 
removed should then be counted by one of the inspectors, aided by two responsi- 
ble and law-abiding citizens, selected as nonpartisan for that purpose, and that 
the ballots should be so canvassed and counted and credited to the proper 
officers of each ticket, and that when the polls should close the bayots there- 
after cast should be counted and added to the votes, to make a correct count of 
the entire number of votes cast for each officer during the whole of the day. 
Some Of the leading Democrats of the township of Carmel and elsewhere were 
present and had full knowledge of the agreement, and no one in that township 
objected to the proceedings, whicli in that emergency seemed the only way that 
could be invented at the time to enable the remaining voters desiring to vote to 
deposit their ballots; the residents surroiniding the i)olls at the time, no matter 
what party they belonged to, were law-abiding, reliable citizens and all electors 
of Carmel township, and no one had any thought of creating any fraud or 
wronging any candidate whose name appeared upon any one of the tickets, 
and the count was absolutely fair and correct and in no way could be alleged 
to be in the interest of this respondent. The respondent alleges that the rights 
of himself and the rights of the contestant were as carefully looked after and 
the vote as carefully canvassed for each as in any precinct in the district. And 
this respondent had no one present at that election who was ajipoiuted, em- 
ployed, or engaged by him to represent him at such voting place during the day 
of election. Respondent alleges that there was an entire absence of fraud in 
the conduct of said election, and that the action of the board did not create 
any advantage in his favor, and denies that there was any fraud committed by 
said board in the canvass of said votes, and denies that said contestant was 
in any way injured, prejudiced, or defrauded in any way of his right or of a 
single vote because of such premature count. Respondent further denies that 
in violation of the law said board called new men within the railing who had no 
right or authority to handle the ballots, or that any such men, with one of the 
inspectors, at the hour of 2 o'clock p. m. did commerce to count the ballots 
while the election was being carried on, and alleges that the action so taken 
by said board of Inspectors was not illegal and was not taken in the interest 
of tills respondent any more than in tl>e interest of the contestant ; that all 
action was taken by agreement, as aforesaid, and under the circumstances the 
law will not invalidate their acts and allow them to thus disfranchise the legal 
electors of said township of Carmel. And respondent admits that the townsiiip 
of Carmel and the voting place thereof is situated about 3 miles from the city 
of Charlotte, where the respondent resides, and about 50 miles from the city 
of Kalamazoo, where contestant resides; but alleges the trutli to be that the 
contestant was well known and advertised in said township, and that he had 
made an active campaign through the said county as the Democratic candidate 
for Representative in Congress, and that he had at such polling i)lace in sjiid 
township of Carmel representatives looking after his interest during the elec- 
tion, and that this respondent had no heljK^rs employed, engaged, or authorized 
by him at such place to represent himself or to look after his interest in said 
election, and that respondent knew nothing whatever as to the proceedings had 
by said board and was not in any manner a j)arty to the conduct of the election 
board in carrying on said election; and denies that the act of said board in 
prematurely canvassing the votes cast by the electors at such voting place, if 
any such act occurred, in any manner increased the number of votes of this 



24 CARNEY VS. SMITH. 

respondent or In any manner prejudiced the rights of said contestant. And 
ros|H>ndent fnrtl^er denies that the canvasrlng of the votes cast by the electors 
of said township was not performed by the board of insi)ectors, or that said 
board of inspectors never canvassed the vote In said precinct or never counted 
the ballots so cast, or that the returns or statements of votes made by said 
inspectors were not made upon their own knowledge, and denies that the 
returns of said election were void or of no legal effect. The respondent further 
states that one Rosslyn L. Sowers was one of the political managers In Eaton 
CJounty for said contestant, and that he made speeches for him throughout the 
district and has resided in the city of Charlotte for a number of years, and 
that prior thereto he resided in said township of Carmel and was well ac- 
quainted with all the voters In said township, and that the interests of said 
contestant were well represented in such township both at the poUs and prlo»- 
thereto. 

Fourth. This respondent denies that in violation of the rights of contestant 
and tlie laws of the State of Michigan that on numerous occasions or upon 
any occasion while the election was in progress on November 5 in said con- 
gressional district, in the precincts of Carmel, Bellevue, Benton, Eaton, Roxand, 
Windsor, First, Second, Third, and Fourth wards of the city of Charlotte, 
certain of the Inspectors in the resyiective voting precincts wrongfully, wilfully, 
or unlawfully entered the voting booths with several of the voters or with 
any of the voters while said voters were in the booths preparing their ballots; 
and denies that said inspectors did not, before entering the booths or at any 
other time, require the voters who could not read the English language to make 
oath that they could not read or were physically unable to mark their ballots, 
or that said voters did not appear to said insi)ectors before entering the booths 
to be unable to mark their ballots, or that It was not made manifest to the 
inspectors that the voter was under a disability such as to make him unable 
to mark his ballot : and that no Inspector entered the bcx^h to assist the voter 
in any manner in these precincts when not in the presence of the challengers 
of each political \)i\rty having challengers at such voting place and in strict con- 
formity to the requirements of section 3642 of the Compiled Laws of 1897 of 
the State of Michigan: and respondent alleges that the allegations in this para- 
graph of the notice of contact is so general and indefinite that it i^ hard to 
negative any specific act; and he denies that any of the board of election in- 
spectors in any of the voting precincts mentioned In this paragraph did at any 
time during this election enter the booths and assist in markng the ballots or 
In any way urge a voter to vote upon any particular ticket for any officer on 
the ballot: and denies that any act of any inspector of election in any of the 
precincts named Induced any voter to cast a vote for resi>ondent or in rny 
way affected the result of said election. 

Fifth. This resix>ndent admits that John C. Nichols is an attorney at law, 
residing in the city of Charlotte, and was a candidate on the county ticket of 
Eaton County for the office of circuit court commissioner at the election on 
November 5, 1912. and that he was i>ersonally present in the voting place In 
the second ward In the city of Charlotte on election day. but denies that he 
was then and there promoting the interest of or endeavoring to secure the elec- 
tion of this resi)ondent or that said Nichols then and there soliciteil or at- 
tempted to persuade any of the legal voters in said precinct to vote for this 
respondent. This respondent admits tliat said Nichols was the chjillenger for 
the Uepubllcan Party In the second ward of the city of Charlotte, which se- 
cured him a i>08ition inside the railing of said polling i)lace, and alleges th t 
he has the legal right to act as such challenger: and that there is nothing in 
the statutes of Michigan which prohibited him from acting as a challenger 
for his i)arty if legally appointed to that place: but respondent denies that said 
Nichols acted as inspector of election, or as clerk of the elet^ion, or as any 
kind of election officer in said precinct at said election except as challenger, as 
aforesaid. This respondent denies that said Nichols had no right to be within 
the railing for not other purpose than casting his vote, or not exceeding five 
minutes. This resiK)ndent denies that the presence of said Nichols within said 
railing of said precinct was fraudulent, wrong, or illegal, or that the acts of 
said Nichols in said voting place as aforesaid in any way invalidated the votes 
erst therein or that his action as such challenger Invalidated the ballots cast 
thereat. Re.si^ondent alleges that by section 34 of the charter of the city of 
Charlotte, wliich was Act No. 379 of the local acts of Michigan for tbe year 
1S95. the two aldermen of each ward shall constitute the board of insi)ectors 



CARNEY VS. SMITH. 25 

of election for their respectiTe wards at all elections, and such board is em- 
powered to appoint such number of clerks, gate keepers, and officers as shall 
be necessary to comply with the election laws of the State. At the election in 
question the second ward of the city of Charlotte held its election In the lobby 
in the basement of the courthouse, and the space for the officers and the voting 
booths was very much restricted, and the two insi)ectors of election had to 
stand close together, one of the Inspectors delivering the ballots to the voters 
and the voter passing by him Into the booths and returning into the same In- 
closure, handing their ballots to the other inspector, who deposited the ballot 
in the box. The challengers were also In this small Inclosnre, and the iu- 
8{)ectors and challengers stood within the railing together. The clerks of the 
election and gate keepers were also within this raillBg; the booths were of 
canvas, and every word that would be uttered by any of the officers could be 
plainly and easily heard at all places within the railing, and likewise the 
delivery of the ballots and the depositing of the ballots were within the view 
of all the people surrounding the booths. By a regulation of the city of Char- 
lotte the entire members of the board are not permitted to adjourn at noon, 
but are obliged to keep the polls open from the morning bour until 5 o'clock 
p. m. ; that during the progress of the election one of the inspectors, an alder- 
man of the second ward, H. A. Hamilton, was taken violently ill while the 
booths were full of voters, and other voters were pressing for admission ; the 
other inspector had all he could do to pass out the ballots as the voters re- 
quired them and more than he could attend to at the same time to deposit 
the ballots of tlie voters as they came out of the booths after his coinspector 
left the polling place on account of his severe and sudden Illness; the remnin- 
ing inspector, Claude C. Knowles. an alderman of the second ward. siK)ke to 
said Jolm C. Nichols, who was standing close by him and the ballot box, and 
asked him to receive the ballots from the voters, call out the names, and de- 
posit the ballots in the ballot box, which was in plain view of the officers of 
election and the public there assembled, while the alderman sent for a com- 
petent man to take the place of the inspector, Alderman Hamilton, who went 
to bis home on account of illness, and within a very few minutes secured and 
appointed a competent citizen, one Roy Barber, as insiiector, and he wns sworn 
in as Inspector of election and took bis place at once in the place of Alderman 
Hamilton; and the snld John i\ Nichols only received n very few ballots, and 
never opened or examined a ballot or performed any act other than to deiK)sIt 
the ballot In the ballot X)OX In the presence of Alderman Knowles, under his 
eyesight, and In presence of the remaining officers of the board, the challengers 
of the respective parties, and the general public at large. Respondent alleges 
that said John C. Nichols had no opportunity whatever to manipulate, change, 
or alter, examine, or open any ballot which he deposited or which he received 
In his hand. Respondent alleges that Ernest (». Pray, who has been county 
clerk of the county of Ejiton, was nominated by primary election as the candi- 
date fbr representative in the State legislature upon the Republican ticket; 
prior to said election he resigned as county clerk because of a constitutional 
provision which prohibits him from holding that office while holding any county 
office; and that John C. Nichols had been deputy county clerk for some time 
under said Eftiest G. Pray as clerk of said county, and that John C Nichols 
had been deputy county clerk for preceding county clerks and was familiar 
with the business required of the county clerk In the courts and In county 
business generally; and that the circuit Judge of the county of Eaton forth- 
with appointed said John C. Nichols as county clerk in i)lace of Ernest (J. Pray, 
resigned, and on said election day said John C. Nichols was then and there 
the duly qualified and acting county clerk of said county; but this res^wndent 
denies that there was any illegal or designed scheme between said Pray and 
said John C. Nichols in the making of said resignation and ai>polntment, and 
denies that such appointment of said John C. Nichols as county clerk was done 
for the purpose of promoting the Interest of John M. C. Smith as candidate 
for the office of Representative In Congress, and denies that it gave said 
John M. C. Smith in any way, directly or Indirectly, any advantage In his 
candidacy for such office, and denies that It gave any advantage to him to 
have the said John C. Nichols have the custody of the sealed envelojies contain- 
ing the election statements and returns of the several boards of inspectors of 
the various precincts of said county for the board of county canvassers, giving 
said Nichols the opportunity by the abuse of said secretly acquired office of 
having access to said sealed enveloi)e8 containing the statements and returns 
which were in his custody as county clerk, for It became the duty of said 



26 CARNEY VS. SMITH. 

John C. Nichols, on receipt of said returns, to immediately malce them public 
by opening the sealed envelopes and placing the returns on file, where they 
became public documents and were open to inspection to the friends or political 
enemies of the respondent, and they were documents directed to said John C. 
Nichols as county clerk of said county, and no advantage could be taken of 
his having custody of those statements and returns, for duplicates were in the 
hands of the judge or register of the probate court, which were to be delivered 
by such officers to said board of county canvassers on the first day of their 
meeting as aforesaid, and there was no opportunity whatever for anyone to 
change a figure or line of said statements or returns without its being imme- 
diately visible and easily corrected by a comparison with the duplicates be- 
longing to the board of county canvassers. Respondent denies that John O. 
Nichols appeared before said board of county canvassers and acted as repre- 
sentative for said respondent, but says that said John C. Nichols was ex officio 
clerk of said board of county canvassers and was in no way appearing in the 
interest of this respondent. 

Sixth. Kes[)oudent admits that in said election in the township of Hamlin, in 
said county of Eaton, the respondent was given 10 votes more than the con- 
testant by the board of election inspectors of said township; but denies that 
the election in said townahij) of Hamlin or the returns were void or a fraud 
upon the rights of contestant, or that said election or the canvass of votes 
therein was by the board of inspectors unlawfully, Illegally, and wrongfully . 
conducted, or that said contestant was in any manner prejudiced thereby of 
his right in the premises. Respondent denies that the election inspectors of 
said township ignored or violated the law in the conduct of said election, or in 
the counting of the votes therein; or that after counting a portion of the ballots 
cast at such election at 12 o'clock, midnight on sjiid election day, adjourned the 
canvassing of the remaining votes cast at such election until the forenoon of 
Wednesday, the Gth di«y of November, 1912, without any legal right to so 
adjourn, or that the board of election inspectors or any members thereof at the 
hour of 12 o'clock, midnight of said election day, went away from said polling 
place and left the ballot boxes unsealed or unlocked, or did then and there 
leav€» the ballots oMst for the oflice of ReI)re^entative in Congress imi)rotected 
«nd exi)osed. or did then and there take no precaution to protect said ballots 
from being wrongfully and fraudulently tampered with; or that one of the 
members of Siiid bonrd of election inspectors illegally returned to the polling 
place Jind proceeded to count and canvass the balance of the ballots in private, 
or did then and there handle any of the ballots or tally sheets used in said 
precinct in private for one hour or during any other length of time while no 
other member of said board of election inspectors or any other person was 
present in said polling place. Respondent alleges that Ancil Holmes is the 
supervisor of said township of Ilnmlin. and as such officer is ex officio chair- 
man of the board of election inspectors, and that said Ancil Holmes is a Demo- 
crat and was politically opi)osed to the election of respondent, and that no 
action of the township board could or would be taken to give respondent any 
adviintage in the counting of the ballots as between himself and contestant; 
and that all action taken by said l>oard of election inspectors was in every 
instance taken upon the advice and direction of the chairman thereof, said 
Ancil Holmes. 

This respondent further alleges that the ballots cast in sjild township of 
Hamlin were all cast by legally qualified electors in said township, and that 
said contestant was credited with all votes cast for him, and that respondent 
was credited with no votes cast for contestant; and that the returns made by 
said board of insijcctors were proper and contained a correct statement of the 
ballots cast for contestant and for respondent, and that the contestant was not 
deprived of a single vote or any of his rights in the premises on account of the 
acts and doings, or conduct of said board of inspectors in said township of 
Hamlin, and that even if an adjournment was had, no injury or fraud resulted 
tlierefrom and none of the rights of the contestant were infringed upon, and 
the same would not in any way invalidate the votes or disfranchise the voters 
of said township of Hamlin. 

Seventh. This respondent denies that prior to said election held November 
5, 1912, in and throughout said county of Eaton, in said congressional district, 
an agreement was entered into by and between certain members of the Repub- 
lican Party and certain members of the Republican committee in and of said 
county, with certain members of the Progressive Party and members of certain 



CARNEY VS. SMITH. 27 

conimittees of said Progressive Party in said county of E2aton, whereby it was 
agreed that the Republican Party would not bring any speakers into said 
county of Eaton during the political campaign preceding said election to make 
speeches for and on behalf of the reelection of President Taft on the Republican 
ticket, in consideration of which it was further agreed between the aforesaid 
parties that the ProgresslYe Party would support the entire Republican county 
ticket in said county, and would also support this respondent for Representative 
in Congress at said election November 5, 1912 ; and denies that for the purpose 
of seeing that the members of the Progressive Party did support the candi- 
dates for the various county ofBces, in said county of Elaton and this respond- 
ent for Representative in Congress in said election, various of the Inspectors 
and other officers of said election precincts in said county of Eaton, and par- 
ticularly in the second and tliird precincts of the city of Charlotte, in said 
county of Eaton, on said election day, did urge upon divers and sundry voters in 
said precincts, and in said two precincts last above mentioned, the aforesaid 
agreement, and by such means and other unlawful means exerted on said elec- 
tion day upon divers and sundry voters in said various election precincts, and 
within the railing within the voting place wrongful, persuasive, and fraudulent 
means were used for and on behalf of this respondent, to the detriment, loss, 
and injury in said election of said contestant, or in violation of the laws of 
the State of Michigan, as alleged in said notice of contest; and denies that for 
the purpose of seeing that the aforesaid agreement was being performed by the 
members of the said Progressive Party in the various precincts hereinbefore in 
the notice of contest alleged, certain of the said inspectors of election and mem- 
bers of the election boards, or other persons, did and were i)ermltted to talk 
within the said railing to voters before casting their ballots in said various 
election places, or with certain other voters within the booths in said election 
places, before said voters marked the ballots which they subsequently cast at 
said election, as alleged in said notice of contest. Respondent further denies 
that there were any such acts or doings on the part of said inspectors, members 
and officers of said election board and others, or that there was any permission 
for improper talk with said voters within the railing and in the booths of said 
election place and places in said county of Eaton, which were in violrjtioii of 
law or which invalidated the ballots oast in said precinct at said election, which 
made all the ballots cast for the said resfiondent for Representative in ronjrn'ss. 
and which were cast for him at sjiid election In said precincts abs4)hitely null 
and void, as the said contestant has in the seventh subdivision of his said 
notice of contest alleged. 

And resi)ondent further answering alleges that all of the sinvikers of the 
Republican Party in said county of Eaton dnrine the campaign of 1912, notably 
United States Senator William Alden Smith. Hon. Washingt(»n (Gardner. States 
Senator William M. Smith, Hon. Grant Fellows, attorney general of Michi^'an. 
Judge Kelly S. Searl, Hon. Patrick H. Kelley, Congressman at large from Michi- 
gan, Hon. Colon P. Campbell, in their several talks and speeches thnniL'li said 
county of £^ton advocated the reelection of President Taft. 

Respondent further alleges that the Republican county connnittee for the 
county of Eaton carried on an active and vigorous campaign es])eclally di- 
rected to the support and reelection of President Taft. and caused to be pn>- 
pared an exi)en8ive campaign banner, which was suspende<l across the main 
business street of the city of Charlotte during the last few weeks ])receding 
said election, upon which was a large picture of President Taft surrounde*! by 
the following words: "Vote for Taft and continue prosperity." and ui»on the 
other end of the banner was also a picture of Hon. Amos S. Musselnian. Repub- 
lican candidate for governor. And the said committee distributed literature 
throughout said county explaining the policies of President Taft and urjring his 
reelection. 

Respondent further alleges that he campaigned the county of Eaton and the 
entire third congressional district of Michigan during the fall of 11)12 in behalf 
of the Republican Party and of his own candidacy, and gave his best eft*r)rts in 
supporting and advocating the reelection of President Taft and the entire 
Republican ticket, and advised all former Republicans to support the entire 
Republican ticket instead of giving any support to any part of the Progressive 
or Democratic tickets. Respondent further alleges, upon information and be- 
lief, that there was a close agreement and understanding between the con- 
testant and Hon. Edward N. Dingley, his fellow townsman, who was then and 
there a candidate at said election for Representative from said third congres- 



28 CARNEY VS. SMITH. 

8ional district on the Progressive Party ticket; that the said contestant and 
the said Edward N. Dlngley should aid and assist each other in their respective 
campaigns against this respondent, and alleges that the said contestant furnished 
the use of his own automobile to said Edward N. Dlngley for the latter to use 
in conducting his campaign for said office through said congressional district, 
which said action of the said contestant and the said Edward N. Dinglej was 
certainly no advantage to this respondent, but was intended to defeat this 
respondent if they could accomplish this result by such collusive agreement 
and understanding. Respondent further alleges that in carrying out tliis 
scheme said Edward N. Dingley made a vigorous campaign in the counties of 
said congressional district, and made speeches in nearly every election precinct 
in the county of Eaton, and made a strong personal campaign in said county 
of Eaton and urged all of the Republicans to whom he could gain access to sup- 
port the Progressive ticket and especially to support him, said Dingley, for the 
office of Representative in Congress for said third congressional district, with 
the result that he carried the county of Hillsdale and reduced the majorities 
of this ree^ndent in every county in the district, and in the county of ESaton 
said Edward N. Dingley received, as shown by the returns of said election. 
1,405 votes. This respondent further alleges that at the election for Repre- 
sentative in Congress for snid third congressional district, in November, 1910. 
Hon. Nathaniel H. Stewart, the Democratic candidate for that office, was given 
2,159 votes in said county of Eaton, while in the election of 1912, in the same 
county, the contestant, with two principal opponents, was given 2,390 votes, as 
shown by said notice of contest 

This respondent further alleges that the Hon. Edward N. Dlngley at said 
election on November 5, 1912, was given the following votes in the respective 
counties of the district, viz: Kalamazoo, 3,465; Calhoun. 3,863; Eaton, 1,405; 
Branch. 1.551 ; Hillsdale, 2,623 ; total, 12.907. 

Eighth. In answer to subdivision eighth of said notice of contest, this re- 
spondent denies each and every allegation of irregularity in conducting the elec- 
tion and counting the vote on November 5, 1912, in the said precinct of Union 
City, in the county of Branch, in said congressional district, and denies that the 
board of election inspectors in that pre<rinct, after commencing to canvass and 
count the ballots cast in said precinct at said election, made any adjournment 
or abandoned the polling precinct or left the ballot boxes and all the ballots 
cast at said election and the tally and poll books used by said board without any 
precautions to protect the same, but alleges that when said board of election 
inspectors, at 5 o'clock p. ni., on the 5th day of November, 1912. at the close of 
said election, announced the closing of the polls. It forthwith began to canvass 
and count the ballots cast at said election, and continued said canvass and 
count without interruption or adjournment and without any member of said 
board leaving the canvass and count until all the ballots cast at said election 
were canvassed and counted, and then and there said board did announce and 
publicly declare the results of said election, and did then and there without Inter- 
ruption or adjournment forthwith prepare a statement of the result in duplicate 
of said election, showing the whole num!)er of votes cast for each office, the 
names of the persons for whom such votes were given, and the number each 
person received, in which statements the whole number of votes given for the 
office of Representative in Congress for the third congressional district of 
Michigan and the number of votes given for each candidate was written out 
in words at length, and which statements when so prepared were duly certified 
and signeti by said inspectors of election and delivered to the township clerk, 
who within 24 hours after the result of such election was declared forwarded 
by registered mall one copy to the board of county canvassers In care of the 
Judge or register of probate, and the other duplicate copy, together with one of 
the original tally sheets, to the county clerk of said county of Branch, which 
said duplicate statements and tally sheets were placed in separate envelopes 
and sealed by said inspectors before their delivery to the township clerk as 
aforesaid. And this respondent further alleges that all of the acts and doings 
of said board of election ins|)ectors at said election. In the counting and can- 
vassing of the ballots, annuonclng and declaring the results of the election, mak- 
ing out, executing and delivering the required statements, preparing the sealed 
packages, fully conformed to all statutory' requirements and regulations gov- 
enilng this part of the proceedings. Respondent admits that the said state- 
ments of the votes ciist at said election In said precinct gave to the respondent 
67 votes more than were given to the contestant, and says that no more votes 



OABlfl^Y VS. SMITH. 29 

were glyen to said respondent than were legally cast for bim at said election 
by the legally qnalified electors of snid township. 

Ninth. In answer to subdivision ninth of said notice of contest, this respon- 
dent admits that the first returns of the election board of the second precinct 
of the second ward of the city of Battle Creek, in the county of Calhoun, showed 
that only 31 votes were cast for this respondent and 23 votes for the contestant, 
but alleges that it was evident from the face of the returns that many votes 
bad been omitted by mistake from such returns, for it appeared from the tally 
sheets accompanying said returns that more votes had been cast for this re- 
spondent and said contestant than were stated In the returns, whereuixm the 
board of county canvassers, after examining such returns, poll books, and tally 
sheets, determined, in its judgment that the returns already made in said case 
were incorrect and incomplete, and, acting under the provisions of section 4 
of act No. 43 of the Public Acts of Michigan, of 11)05, said board of county 
canvassers did then and there summon the board of election ins))ectors of said 
second precinct of the second ward of said city of Battle Creek to api)ear before 
the said board of county canvassers with the ballot boxes, keys, seals, returns, 
poll books, tally sheets, the ballots cast at said election, and pai)er8 used and 
made at such election: and said board of election insijectors. obeying said sum- 
mons, did api)ear before s«iid l)oard of county canvassers having with it the 
boxes containing the ballots cast at said election, the keys and seals of said 
boxes, and the returns, poll books, tally sheets, and papers used and made at 
such election, from which the incorrect returns had been made; and thereupon 
said board of election insi)ectors, acting under the express command and sum- 
mons of said board of county canvassers, and being expressly authorized by 
it 90 to do, did then and there open said ballot boxes and take therefrom all 
the books and papers therein contained bearing uiwn the count and return of 
S}»id election insi>e<-tors of Kuch ele<*tion, but did not remove or mark any of 
the ballots therein: and said board of election insiKHt(»rs, under the rtvpilre- 
ments and authority of said board of county canvassers and under the provi- 
sions of said statute, did make and complete a correct return of the votes cast 
in said precinct at such ele<»tion for the office of Representative in Congress for 
the third congressional district of the State of Michigan, by which corren't re- 
turns it npi>eare<l that resiK)ndent received 97 votes and the contestant only 
received 61 votes for such office. And resiwndent alleges that he was not given 
credit in said corrected returns for any ballot whicli was not legally cast for 
him in said precinct by a legally qualifie<l voter thereof. 

Respondent admits that said board of county canvassers made their state- 
ment and return as to this precinct based upon said corrected returns there- 
from and alleges that, under the law cited, they had no discretion to do other- 
wise. The reFix>ndent alleges that said notice of contest was unfair in that it 
concealed the fact that the corrected returns were made under the command 
and direction of the said board of county canvassers, which was expressly 
authorized and compelled to proceed in the premises as it did. 

Tenth. Respondent admits that in the canvass and return of the votes cast 
at said election in the townsliij) of (Mimax. In the county of Kalamnzoo. there 
was an apparent discrepancy; that the number of votes credited to the candi- 
dates for the office of Representative in Congress was less than the total 
number of votes shown to have been cast by the tally books; but respondent 
denies that the number of votes alleged to have been omitted from the count 
was 49: respondent further alleges that when the board of county canvassers 
ctaiveued and procee<led to canvass the returns from said township of Climax 
the board discovered that there was an apparent error in the returns and that 
some ballots must be missing from the vote given for the office of Representa- 
tive in Congress, and discussed the matter of proceeding under the statute cited 
in the preceding paragraph and expressed the opinion that it should sunmmn 
before it the board of election inspectors from said township of Climax, with 
the boxes containing the ballots cast at said election, the keys and seals of said 
boxes, and the poll book, tally sheets, returns and papers used and made at 
such elections, and require such board of election Inspectors . to correct its 
returns. Respondent further alleges that said contestant was then and there 
present and objected to said board of county canvassers taking any such action, 
and threatened said boaiHi of county canvassers with legal prosec!ution if it 
proceeded to take any action to have said returns corrected, and insisted that 
said board had no legal power to order said board of election inspectors to 
eome before it, and that said board of county canvassers had no legal authority 



80 • CARNEY VS. SMITH. 

to order said board of election inspectors to open said ballot boxes or to proceed 
to reooniit said ballots, and absolutely forbrde said board of county canvassers 
to take any such action. Respondent further alleges that he was not given 
credit in this precinct for any votes which had not been legally cast for him 
at said election by the legally qualified electors of said precinct; and respondent 
denies that 35 votes were cast in said precinct for the contestant which were 
not credited to and counted for said contestant. 

Eleventh. Respondent admits that the results show the votes cast resiiectively 
for respondent and contestant are as set forth in subdivision eleventh of said 
notice of contest, except that respondent alleges that the returns do not corre- 
.s}M>ud with siiid notice of contest in the precincts of Sunfleld. second precinct 
Fecond ward of IJattle Creek, and Tnion City . 

And this respondent further answering said notice of contest says that the 
same irregularities that are set up in said notice occurred in the other counties 
of the district in the election precincts where the contestant received his ma- 
jorities, and, applying the same rule the contestant seeks to have applied to the 
several precincts of Eaton County, to have rejected and thrown out the votes 
cast for this respondent, many more votes than those objected to by the con- 
testant in his notice would have to be deducted from the votes accredited to 
the contestant. 

Kalamazoo County. — For instance, the said county of Kalamazoo, in which 
the contestant resides, has a large foreign population, and very many voters 
were instructed within the booths and assisted in marking their ballots by the 
several inspectors of election and others on niunerous occjislons while said elec- 
tion was being conducteii on sijid fith day of November, 1M12, in said third con- 
gressional district in stiid county of Kalamazoo in each of the following several 
election precincts, to wit, the second precinct of the township of Comstock, 
Cooi)er, township of Kalamazoo. Ross. Schoolcraft (first precinct), Texas, 
Wakeshnia. Alano. Brady (first precinct), Brady (second precinct), Charleston, 
and tlie first, second, third, fourth, sixth, seventh, ninth, tenth, eleventh, twelfth, 
thirteenth, and fourteenth election precincts of the city of Kalamazoo, in all of 
which election precincts the election boards respectively returned to the board of 
county canvassers of said county of Kalamazoo nmre votes for said contestant 
than for this respondent, and in each one of said election precincts certain of 
the Inspectors therein entered the election booth with several of the voters and 
while said voters were in said booth i)reparlng their ballot were present and 
assisted in preparing such ballot: that in no instance dnrlnp said election did 
any of said Inspectors before entering sjiid booth or at any other time require 
said voters or any one of them to make oath that they (sjild voter or voters) 
could not read the Englisli language, nor did said inspectors i-equire any one of 
said voters to make oath that he (said voter) was physically unable to mark 
Ills ballot, nor was any voter with whom said inspectors entered said booth 
ap|)arently unable to mark his ballot: that the acts of said inspectors in so as 
aforesaid entering any booth with any such voter witliout administering the 
required oath gave the opportunity for said insixjctors or other persons to scru- 
tinize said ballot and learn for whom said voter was casting his ballot, and 
gave siiid Inspectors the opportunity to Influence said voter to vote as the said 
Inspectors desired, and If any votes for this respondent are rejected and thrown 
out for like reasons In said county of Eaton this respondent alleges that these 
votes cast for the contestant In these election precincts of said county of Kala- 
mazoo should also be rejected and thrown out, and this respondent requests that 
the same may be done. 

Respondent further shows that said contestant by the returns from these sev- 
eral precincts In said county of Kalamazoo was given 720 votes more than 
were given to this respondent, which, for reasons above given, should be de- 
ducted from the total vote given sjild contestant in said district. 

Calhoun County. — Respondent further alleges that while said election for 
Representative In Congress for said third congressional district of Michigan was 
being conducted In the second ward of the city of Marshall, in the county of 
Calhoun. In said district, one Jay Hatch, who was then and there a candidate 
at said election for prosecuting attorney on the national Progressive ticket, and 
who then and there claimed to be one of the official challengers of said Pro- 
gressne Party, but who was not then and there a member of the board of elec- 
tion Inspectors of said election precinct, did then and there, without any legal 
authority, enter a voting booth with a voter and remain therein until said 
elector had prepared his ballot, he, said Jay Hatch, having an opportunity to 



CARNEY VS. SMITH. 31 

watch said voter prepare his ballot, and which ballot, when so i)repared, said 
voter presented to one of the insi>eetors of election for voting, and which ballot 
said inspector of election deiwsited in the ballot box ; and said board of election 
insijectors did not require said voter to take the necessary ojith nor did said 
voter make oath before entering said booth with said Jay Hatch, or at any 
other time, that he, said voter, could not rejid the English language or that he 
was physically unable to mark his ballot, nor was said voter then and there 
apparently unable to mark his ballot ; and the said board of election insi)ectorB 
Ijermitted said Jay Hatch to thus unlawfully enter said booth with such voter; 
and respondent alleges that other instances occurred in this election precinct of 
like nature where said board of election inspt^ctors i)ormitted other voters to 
enter the booth and permitted other |>erson8, without legal right, to enter said 
tKK3th with such voters to assist said voters in marking their ballots, and in no 
case was the voter required to make the necessary oath to warrant him any 
assistance in the marking of his ballot, which act and acts of said board of 
ele<:tion inspectors, under the rules invoked by the contestant, vitiated and would 
make void said election in said election precinct, and the respective statements 
and returns to the board of county canvassers of said county of (^alhonn void 
and of no legal force and effect; and resix)ndent further alleges that by the 
i-etunis said contestant received in this election precinct 114 votes, the respond- 
ent received 71 A-otes, and said Edward X. Dingley receive<l 62 votes, and if the 
contention of contestant is upheld, then the vote from this election precinct 
should be rejected and thrown out under like rules cited by the contestant. 
And the respondent alleges that no oath was admin istereil to the voters given 
assistance in marking their ballots in the first, second, and fourth wards of the 
dty of Albion, in said county of Calhoun, In which precincts contestant re- 
ceived a plurality of 27 votes in the first, 49 in the second, and 0.5 In the fourth 
wards of said city, and under the rule invoked by ct)iitestant the votes of these 
several wards should be rejected and thrown out. 

Hillsdale County. — ^And this resjioudent, further answering, alleges that the 
same i)ractice was followed in Hillsdale County in relation to the disposition of 
the several statements and returns from the several boards of election Inspec- 
tors to the board of county canvassers in said election held in said district on 
said 5th day of November, 1012, as was pursued in Siiid county of Eaton. 

F'irst. The said several boards of election ins-jiectors in said county of Hills- 
dale, in each election jn-eclnct thereof, nr s:ild chH-tlon. made out the recpiired 
statements and returns of said election in duplicate, and incloj<(»d them In 
separate envelopes under their respective seals and forward(»d them by mail or 
delivered the same in i)erson, one copy to the board of county canvassers in the 
care of the judge of probate and the jther copy to the c(»unty clerk of said 
county. 

Second. The county clerk of Hillsdale County. Frank O. Hancoclx. upon the 
receipt of the respective returns at once opened them all and tabulated them 
ready to be used by the board of county canvasstM-s when it shoul«l convene to 
canvass the votes, and said returns were then and there public records in the 
ollice of the said county clerk and oi)en to the inspection and examination of 
any interested person, and were examined and inspe<*ted by representatives of 
newspapers and the public generally, and applying the same rule and i)rocedure 
that is requested by contestant in his notice of contest tlie returns from said 
county of Hillsdale should be hold to be illegal and the votes given to the 
rMiiitestant by those returns should be rejected and thrown asi<le. And re- 
siwndent further alleges that by the returns of the board of county canvassers 
of sjiid county of Hillsdale said contestant was given 2,242 votes, respondent 
].sn7 votes, and Edward N. Dingley 2.023 votes, thus giving the contestant 345 
votes more than were given to this respondent in said county of Hillsdale. 

Third. Further answering respondent says that it appears l)y the said noti<'e 
of contest and in this answer that when any elwtion board adjourns, it Is 
directed by the election laws of Michigan to seal the ballot box, and the key 
to be delivere<i to one of the insi>ectors. the box to another, and the seal to 
another, but alleges that in township of Allen in wiid (M)unty of Hillsdale, at 
Jslid election, when the board of ele<rtion lnsi)ectors adjourned for the noon liour 
the ballot box was not sealed as required by law and the key was not delivere<i 
to one of the Inspectors, the box to another, and the seal to another, but as a 
matter of fact said board adjourned for one hour and took the ballot box with 
them out of the polling place to the place where they had dinner, and the box 
was left in its condition of being unsealed without any protection to prevent 



32 CARNEY VS. SMITH. 

tampering with the ballots. Kesiwndeut further alleges that the law provides 
that to seal a ballot box a plwe of leather or canvas shall be so placed as to 
extend from the opening? of the lid of said ballot box to the keyhole in such 
a manner as to completely cover both such holes, and the same securely 
fastene<l thereoii with sealiup wax, and stanu)ed with the official election seal 
of the voting precinct, such piece of leather or canvas and the sealing wax to 
be arranjre<l so hs to render it imjmssible to open either of said holes without 
breaking said seal. Respondent alleges that this statutory- precaution was not 
obeyed by the election ius|)ectors of the township of Allen, and the unused 
ballots of siiid electi(m were not properly and legally protected, so that design- 
ing persons had tlie o|)portuiilty to easily tami^er with the ballot box and with 
the unused ballots. An<l resiwndent further alleges that said board of elec- 
tion inspectors by its returns to the board of county canvnssers of said county 
of Hillsdiile gave to said contestant IS votes more than it gave to this respond- 
ent. Tlie respondent further alleges that applying the same rules invoked by 
the contestant the vote of this precinct should be excluded. 

Fourth. This respondent further answering alleges that in the townshli) of 
Wright in said county of Hillsthile. at said election, the board of election in- 
spe<*tors therein did adjourn one hour for dinner, and, like the board of election 
insiK»ctors for the township of Allen, did not seal the bnllot boxes 6ut said 
bill lot boxes and the unused ballots were left during the noon hour in care 
of some person other than an i!isi>ector, and that by the returns of snid board 
of election inspectors to the said bojird of county canvassers of said county of 
Hillsdale said ccmtestJiut was given 117 votes more than were given to this 
respondent. Kesiwndent therefore alleges that under the rules mentioned, in- 
voked by the contestant in his notice of contest the election in this precinct 
was wholly void and should be exdudetl from c<msideratlon In the computation 
of the votes given for the ottice of Representative in Congress from the said 
third congressional district. 

Fifth. This respondent further answering alleges that in the township of 
Woodbridge in said county of Hillsdale, at said election, the board of election 
inspe<*tors therein did sidjourn one hour for dinner, but did not seal the ballot 
boxes and dispose of them as re(piiretl by law, and did not for the protection of 
said ballot boxes and the ballots imused lock said boxes and seal the same 
and deliver the box to one inspector, the key to another, and tJie seal to another, 
but the polling place was left unprotected, so that designing i)ersons had the 
opimrtunity to tami)er with the ballot box and unusetl ballots, and that by its 
returns to the board of county canvassers of said county of Hillsdale sjiid 
contestant was given a majority of 43 of the votes cast. Respondent therefore 
alleges that under the rules mentioned, invoked by the contestant in his notice 
of contest', tlie election in this precinct was wliolly void and should be ex- 
clude<l from consideration in the comjnitaticm of the v(Jtes given for the olHce 
of Rei)resentative in (Vmgress from the stiid third congressional district 

Sixth. This respondent further answering alleges that In the townshii* of 
Cambria in siiid Hillsdale County, at said election, the board of election In- 
si»ectors therein took a noon adjournment and <lid not comply with the re- 
quirements as to sealing the ballot box, but simply locked the box with tlie 
tally sheets inclose<l and went away and left the ballot box alone in the build- 
ing, simply locking the outer door of the building and taking no legal precau- 
tions for the prottK^tion of the ballot boxes ov unused ballots, so that designing 
I)ers<ms had the opportunity to easily tamper with the ballot box and with the 
unused ballots; that by the returns of said Ixmrd of election insi>ectors to the 
said board of county canvassers i)f said county of Hillsdale, said contestant 
was given ()5 votes more than were given to this respondent. Respondent there- 
fore alleges that under the rules invoked by the contestant in his notice of 
contest the election in this precinct was wholly void and should be excluded 
from consiileration in the computation of the votes given for the othce of 
Rei)resentative in C/ongress from said third congressional district. 

And resrK)ndent further alleges that as a further reason for excluding from 
consideration Uie votes given at this election precinct, one D. Payne, who was 
not then and there a member of said board of election inspectors, nor even a 
clerk thereof, and with no legal authority so to do, assisted in counting the 
ballots and keeping the tally sheets. • ,,.,.*.. 

Seventh, This respondent, further answering, alleges that in the township 
of Camden, in said county of Hillsdale, at said election, after the polls closed 
at 5 o'clock and the canvass and count of the votes began, the board of election 
inspectors therein allowed and permitted the public promiscuously to enter 



CABNEY VS. SldlTH. 33 

within the railing where the count was being conducted, and was then and 
there given the opportunity to discuss the count and give suggestions which 
materially affected the result of said election, and by the returns of said board 
of election iusi^ectors to the said board of county canvassers of said county of 
Hillsdale said contestant was given 23 votes more than were given to this 
resi)ondent. Respondent therefore alleges that under the rules invoked by con- 
testant In his notice of contest the election in this precinct was wholly vitiated 
and made void and should be excluded from consideration in the computation 
of the votes given for the office of Representative in Congress from said third 
cougressional district. 

Eighth. This respondent, further answering, alleges that in the township of 
Moscow, in said county of Hillsdale, at said election, after the polls were closed 
at 5 o'clock p. m. the board of election insi>ectors therein began to count and 
canvass the votes cast at said election; that one Art. Smith, then and there 
one of said Insi^ectors of election, became ill or otherwise unable to assist in 
making the count; still he attempted to help count the votes, whereupon one 
Fred Rice, who was then and there an entire outsider and not one of said board 
of election in8i)ectors, nor a ck»rk thereof, and wholly without any legal au- 
thority so to do, came in behind the railing and assisted said Art. Smith in 
o«;uuting said votes; that said board of election inspectors adjourned for 
supi)er, but after supper said election inspector Art. Smith did not return and 
assist in counting the votes; that after the supper hour the counting of the 
votes was resumed and the two clerks of the election board assisted the in- 
siicctors in the handling and counting of the ballots, and afterwards made put 
the returns and statements of the result of the election, and the said Art. 
Smith returned and signed the returns as such election inspector, but without 
Laving any knowledge of what the returns contained and without being able 
to comprehend the result of said election. Wherefore under the rules invoked 
by the contestant in his notice of contest, said statements were made and 
signed by said board of election inspectors without its knowing whether said 
statements gave the correct count of the result of the votes cast in said pre- 
cinct at said election for the office of Representative in Congress for said third 
congressional district, yet it appears by the returns of said board of election 
Inspectors to said board of county canvassers of SiUd county of Hillsdale that 
57 more votes were given to said contestant than were given to this respondent. 
Respondent therefore alleges that under the rules invoked by the contestant In 
his notice of contest the election in this precinct was wholly vitiated and made 
void and should be excluded from consideration in the computation of the 
votes given for the office of Representative in Congress from said third con- 
gressional district. 

Ninth. This resi^ondent, further answering, alleges that in the township of 
Somerset, in said Hillsdale Cotmty, at said election, the board of election in- 
RIKJCtors pemiitted and allowed voters to be accompanied into the booth and 
to be assisted in having their ballots marked without requiring said voters to 
make any oath as to the necessity of such assistance as required by law, and 
permitted voters to have their ballots marked while in the booth, but not in 
the presence of any insi)ector of election, and, among other voters, one Eugene 
Vnn Camp received a ballot from Siiid election board and went into the voting 
booth accompanied by persons who were not members of the board of election 
insi^ectors, and had assistance rendered him, and his ballot was finally marked 
and he voted it. but the ballot was not marked in the presence of any inspector 
of election, neither was he required by said board of election inspectors, before 
entering said booth or at any other time, to make oath as to the nivesaity of 
his needing assistance in tlie marking of his ballot; that in this election pre- 
cinct the regular ballot box, which was provided with a lock and key as re- 
quired by law, became filled with ballots, and during the day the board con- 
structed a temporary ballot box, using a dry goods or shoe box in which to 
receive the ballots, but said temporary box was not provided with a lock and 
key and there was nothing to hinder designing persons at any time from open- 
ing this temr>orary box and removing ballots therefrom or substituting ballots 
In place of those which had been lawfully cast, neither were any precautions 
taken to protect said temporary box from being tampered with by any design- 
ing person. Respondent also alleges that it appears by the returns of said 
board of election inspectori? to said board of county canvassers of said county 
of Hillsdale that in this precinct 30 more votes were given to contestant than 
were given to this respondent. Resi)ondent alleges that the loose and illegal 

2S6— 13 3 



84 



CARNEY VS. SMITH. 



practices of said board of election Inspectors tainted this election at this pre- 
cinct with suspicion, in that the ballots cast were marked in the presence of 
those who were not members of the board and when not in the presence of any 
Inspector of said board and open to the scrutiny of those who had the oppor- 
tunity to urge the voter to vote for any particular candidate for Representative 
In Congress favored by such outsider, and the ballots being deposited in a box 
not conforming to the requirements of the law were subject to be withdrawn, 
altered, or tampered with by any designing persons. Respondent therefore 
alleges that under the rules invoked by the contestant in his notice of contest 
the election in this precinct was wholly vitiateil and made void and should 
be excluded from consideration in the computation of the votes given for the 
office of Represeqtative in Congress from said third congressional district 

Tenth. This respondent, further answering, alleges that In the township of 
Reading, in said county of Hillsdale, at said election, the election was held in 
the second story of the engine house, which upper room was the voting room 
of said election in that precinct, and in violation of the plain provision of the 
law voters who claimed to be physically incompetent to go upstairs to vote 
remained in the street and had the ballots brought out into the street to them, 
and were permitted to mark their ballots at the foot of the stairs on the side- 
walk, and some of the inspectors attended these voters and after the ballots 
were marked these inspectors carried the ballots upstairs and deposited them 
in the ballot box while said voters were not in the voting room. Respondent 
alleges further with reference to this voting precinct that in the morning when 
the election started a number of men were i)ermitted to cast their votes therein 
who were not registered in the said township of Reading and who had no legal 
right to vote at said election because they were not lawfully registered voters; 
these men were claiming the right to vote because they were registered voters 
in the village of Reading for village elections, although they were not registered 
voters within tlie township of Reading eligible to vote at said congressional 
election; that said board after discussing this matter for a time refused to 
receive further votes from those who were not registered in the township regis- 
tration book, but many of these illegal votes had been received and placed in 
the ballot box by said board of election inspectors. 

Resi)ondent further alleges that in this precinct, when said board of election 
Inspectors proceeded to count the ballots, an outsider, who was not a member of 
said board of election inspectors, but who was gatekeeper at this precinct, 
helped and assisted in handling the ballots and counting the votes. 

And respondent further alleges with rospe<*t to this precinct that during 
the hours while the eUK'tion was proceeding the first ballot box was filled, 
and said board of election ln8i>ectors, deeming another box necessary. Improvlstvl 
one out of a shoe or dry-goods box, which had no lock upon It. and used that 
box for the reception of ballots during the day, and the box was not locked 
and there was nothing to prevent any designing person opening said box at 
any time and substituting ballots for those which had been legally deposited 
therein. 

And resp(mdent further alleges with respect to this precinct that said board 
of election Insi^ectors adjourned for dinner at noon and left said voting pre- 
cinct and did not before leaving the voting place lock or seal the ballot boxes 
nor take any precautions to prevent the same being opened by any designing 
person, and thus full opportunity was afforded for any designing person to 
open the ballot boxes and remove or change any ballots already cast or sub- 
stitute spurious ballots in place of those which had been deixisited In said boxes 
by said board of election inspectors: neither were any precautions taken to pro- 
tect said temporary ballot box or said ballot l)ox upon which there was no lock 
from being opened or tampered with in the absence of said board of election 
inspectors during said adjournment. Respondent further alleges that It appears 
by the returns of said board of election Inspectors to Siild board of county 
canvassers of said county of Hillsdale that in this precinct 61 more votes were 
given to the contestant than were given to this respondent. 

ResiHjndent therefore alleges that under the rules Invoked by the contestant 
in his notice of contest the election In this said precinct was wholly vitiated 
and made void and should be excluded from consideration In the computation 
from the vote given for the office of Representative in Congress from said third 
congressional district. 

Respondent denies that the contestant Is entitled to the relief prayed for In 
bis Fald petition and notice of contest or any relief in the premises, and alleges 



CABNEY VS. SMITH. 35 

that said election in each and every election precinct complained of in said no- 
tice of contest was fair and honest; that this re8i)ondent was duly and legally 
elected; that the certificate of election was properly based upon a clear plu- 
rality of the legal votes cast at such election and represents the will of the 
electors of said congressional district; and that the petition of contestant should 
be dismissed. 
Dated this 1st day of February, A. D. 1913. 

J. M. C. Smith, 

Content ee and Respondent 
Horace S. Mavnabd. 

Attorney for Contesiee. 
W. H. Fbankhauser, 

Attorney for Contestcc, 
Grant Fellows. 

Of Counsel for Contestee. 

OBJECTIONS TO THE AMEyDMENT OF CONTESTANTIS NOTICE OF 

CONTEST. 

Mi': 

To the House of Representatives in the Congress of the United States: 

First. Now comes the resiwndent and contestant, John M. C. Smith, and 
objects to the printing or consideration of any testimony of any matter, fact or 
circumstance not specifically stated and set forth In the notice of contest filed 
by the contestant in this case. 

Second. And contestee further objects to the printing or consideration of 
testimony taken upon rebuttal of any matter, fact, or circumstance not stated 
in the original notice of contest filed herein. 

John M. C. Smith, Contestee. 

July 2, 1913. 

It is stipulated between and by the undersigned attorneys for the respective 
parties to this proceeding as follows : 

First. That each and every witness who was produced as appears by tho 
foregoing typewritten record was duly sworn and his and her testimony was 
just as and when given on the witness stand taken down in shorthand by 
Joseph W. Stockwell, United States commissioner for the western district of 
Michigan and notary public in the State of Michigan, and by said commissioner 
and notary public all of said testimony was written out by typewriter machine 
as appears by foregoing record ; that the foregoing record correc tly shows the 
testimony as given by each and every witness and the whole of the proceedings 
bad and taken before Sfiid commissioner and notary, Joseph W, Stockwell. 

Secrond. The fact that said testimony was stenographically taken and then 
written out by typewriter, and the fact that the testimony of each witness was 
not written out from the shorthand notes in his (her) presence, and in his 
(her) presence read over to or by him (her) and then signed by him (her), is 
liereby expressly waived. 

Third. That the foregoing depositions may be used for any purpose of this 
contest, subject to all objections and motions appearing on the foregoing record, 
with like effect and purposes, as if they and all things in relation to them fully 
complied with all the requirements of the Revised Statutes of the United States 
and the rules, printed or otherwise, of the Committee on Elections in the House 
of Representatives applicable thereto. 

Fourth. That Joseph W. Stockwell, the officer before whom all depositions 
were taken in this contest, was before and during the taking thereof and now is 
a irnited States commissioner and notary public authorizetl to take depositions 
in civil actions by the laws of the I.'nited Spates and by the laws of the State 
of Michigan at the times and places the depositions herewith returned were 
laken. and that proof of the otflclal character of such officer, Joseph W. Stock- 
well, is hereby waived. 

Fifth. That all formalities and likewise irregularities, if any, in the notices 
for the taking of testimony and the service thereof and In bringing witnesses 
before the officer, Joseph W. Stockwell, who took the testimony hi this contest, 
is hereby waived. 

Sixth. That all. If any, irregularities In the manner of certifying to and 
returning the depositions taken in this contest to the Clerk of the House of 
Representatives of the United States are hereby waived. 




36 CARNEY VS.. SMITH. 

Seventli. That each and every stipulation appearing upon the foregoing record 
shall be as binding and effective as if each such stipulation had been made iu 
writing and signed by the papers to this contest or by their respective attorneys, 
but no objection appearing on the record Is waived or lessened in effect by this 
stipulation. 
Dated April 30, 1913. 

E. C. Shields, 
John W. Adams, 
Attorneys for Contestant. 

HoBACE S. Maynard, 
W. H. Frankhauser, 
Grant Fellows, 

Attorneys for Cmitestvc. 

To Horace S. Maynard and W. H. Frankhauser, attorneys for contest ee and 
respondent : 

Mease take notice that on the 18th day of February, 1913, at the law office of 
llyn L. Sowers, in the city of Charlotte, county of Eaton and State of Michi- 
r, at the hour of 10 o'clock In the forenoon of said day, testimony will be 
taken by and on behalf of the contestant in the above-entitled cause by depo- 
sition before Joseph W. Stockwell, United States commissioner in and for the 
western district of the State of Michigan and said third congressional district, 
of the following witnesses: 

Samuel Robinson, E. G. Davids, F. M. Overniyer, F. B. Johnson, George 
Gardner, S. H. Sleater, R. L. Sowers, Jackson Mosier, Frank Ford, Louis J. 
Dann, Myron Hawkins, James Brown, Frank P. Towne, Walter Sutherland, 
Fred Milbourn, Charlotte; Sylvester Franks, John Palmer, William Witherall, 
Sunfleld; E. A. Johnson, S. B. Eavans, Bellevue; Julius Ells, Cortez Cushing, 
Carmel Township. 

Also please take notice that the taking of said testimony may be adjourned 
from day to day. 
Dated February 13, 1913. 

Claude S. Carney, Contestant. 

John W. Adams, Attorney for Contestant, 

State of Michigan, Covnty of Eaton^ ss: 

Claude S. Carney, being personally sworn, says that on the 13th day of Feb- 
ruary, A. D. 1913, at the city of Charlotte, in the county of Eaton, and in the 
third congressional district of Michigan, he served a notice in w^rltlng, of 
which the within is an exact duplicate, upon Horace S. Maynard, an agent and 
attorney of the wi thin-named John M. C. Smith, the contestee, by then and 
there delivering to the said Horace S. Maynard in person an exact duplicate of 
the within notice. 

Charles S. Carney. 

Subscribed and sworn to before me this 18th day of February, A. D. 1913. 

Jos. W. Stockwell, 
Notary PuWCj Kalamazoo County, Mich. 

My commission expires July 8, 1913. 

DEPOSITIONS OF WITNESSES. 

Taken before Joseph \\\ Stockwell, United States commissioner, at the court- 
house In the city of Charlotte, county of Eaton, State of Michigan, on behalf 
of the contestant, Claude S. Carney, on February 18 and 19, A. D. 1013. pur- 
suant to the notice hereunto annexed. 

Appearances : John W. Adams and E. C. Shields, for Claude S. Carney, con- 
testant; Horace S. Maynard, W. H. FrankhauFer. and Grant Fellows, for John 
M. C. Smith. contoHtee and respondent. 

Mr. Adams. I suppose it may be stipulated on the record that we convened 
at the place mentioned in the notice and that we adjourned to the super^'isors* 
room in the courthouse in the city of Charlotte, Eaton County, Mich., that being 
the most convenient place for the taking of the depositions. 

Mr. Maynard. Yes. 

Mr. Adams. We offer In evidence the proof of service of the taking of these 
depositions on this date as a part of the record. 



CABNEY VS. SMITH. 37 

SAMUBL ROBINSON, being by me first duly sworn to testify to the truth, 
the whole truth, and nothing but the truth, testified as follows : 

Direct examination by Mr. Adams : 

Q. Mr. Robinson, where do you reside? — A. Charlotte. 

Q. What is your age?— A. I was 38 last October. 

Q. How long have you lived at Charlotte? — ^A. All my life. 

Q. Charlotte is in Eaton County in the third congressional district of Michi- 
gan?— A. Yes, sir. 

Q. Were you in Charlotte on the 5th day of November, 1912? — ^A. Yes, sir. 

Q. Were you in Charlotte on the 6th, 7th, 8th, and 9th of November, 1912?— 
A. Yes, sir. 

Q. The general election, including the election of congressmen, was held in 
the county of Eaton on the 5th day of November, 1912, was it not? — ^A. Yes, sir. 

Q. Did you take any part in that election? — ^A. I was secretary of the Demo- 
cratic county committee. 

Q. What ward of the city of Charlotte did you live in on the 6th day of 
November? — A. In the first ward. • 

Q. Where was the county clerk's office located in the county of Eaton on the 
5th, 6th, 7th, 8th, and 9th of November, 1912? — ^A. In the northeast comer of 
the courthouse. 

Q. The courthouse is locatedi in the city of Charlotte? — ^A. Yes, sir. 

Q. And was then? — ^A. Yes, sir. 

Q. Did you visit the office of the county clerk of Eaton County at any time 
after the election within the next two or three days? — ^A. Yes, sir. 

Q. When first, after the 5th day of November, as far as you can recollect, 
did you visit the county clerk's office in the courthouse of Eaton County? — ^A. 
Well, sir, I think it was the next morning — ^November 6. 

Q. Whom did you find in the clerk's office at that time, if anybody?— A. Well, 
there were quite a number present — Mr. E. G. Pray, John C. Nichols, and John 
M. 0. Smith. 

Q. The Republican candidate for Congress on the Republican ticket? — ^A. 
Yes, sir. 

Q. Who else? — A. I presume there were, perhaps, 15 or 20 there. 

Q. What were they doing? — A. Why, they were going through the returns 
at that time, that is, what I mean, they were getting the returns from the dif- 
ferent precincts throughout the county by phone, trying to get the returns in 
shape ; that is, it had not been decided at that time ; in fact, there were a num- 
ber of precincts that had not been heard from. 

Q. Did you at any time within two or three days, or four days^ to make it 
broad enough, see any of the election returns from the various precincts or any 
of the precincts in the county of Eaton in the county clerk's office? I mean the 
¥n'Itten returns? — ^A. Yes, sir. 

Q. When first did you see any of those of the election that was held on the 
5th day of November, 1912?— A. Well, sir, I think either on the 7th or 8th, I 
am not certain it was the 8th, but I am positive it was on the 7th. 

Q. What time on the day when you first saw those written returns did you 
see them — the first time after the election? — ^A. Along about, shortly before, or 
Just about noon upon that day. 

Q. Did anyone go to the clerk's office on that occasion with you? — ^A. Not at 
that time; no, sir. 

Q. Who, if anybody, was In the clerk's office at that time? — A. There was no 
one present at that time in the clerk's office. 

Q. Was there anybody in charge of the clerk's office, or claimed to be, at that 
time? — ^A. There was no one in the office at that time. 

Q. Which door of the courthouse did you enter? — A. I entered the east door. 

Q. Was there at that time a large corridor running east and west through the 
courthouse? — ^A. Yes, sir. 

Q. With reference to the east door that you entered on that occasion, where 
was the door entering the county clerk's office located? — ^A. On tlie right-hand 
hide. 

Q. After you got in — I mean the east entrance of the courthouse — state 
whether you saw anybody in the corridor of the courthouse. — ^A. Yes, sir. 

Q. Whom did you pee? — ^A. I saw E. G. Pray ; John Davis, of Battle Creek ; 
WiUlam Smith, of Charlotte; and Lucille Smith, of Charlotte. 

Q. Did you know William Smith, of Charlotte, at that time?— A. Yes, sir. 



38 CABNEY VS. SMITH. 

Q. Do you know what, if any, relationship that William Smith had to John 
M. C. Smith, the respondent in this proceeding? — A. He was a son. 

Q. Did you notice whether any of those gentlemen you saw and lady at that 
time in the corridor of the courthouse had or were carrying ansrthfng? — A. Yes, 
sir. 

Q. What? — A. They were carrying the returns. 

Q. What returns? — ^A. The election returns of all the precincts but two. 

Q. How do you know they were the election returns? — ^A. I afterwards w«at 
through them in the clerk's office. 

Q. How soon after? — A. Within two or three minutes. 

Q. Where did those four persons you have mentioned go from the corridor of 
the courthouse at that time? — ^A. They went into the clerk's office. 

Q. Where did you go? — A. Into the clerk's office. 

Q. How soon after they went in? — A. We were all together. 

Q. Who was carrying the returns? — ^A. Mr. Pray had part of them, and Mr. 
Smith had part of them. 

Q. WMUiam Smith?— A. Yes, sir. 

Q. Where did they place those returns in the clerk's office, if they placed 
them anywhere? — ^A. On the counter. 

Q. What did they do then? — A. Well, the three of them went away in a few 
minutes — Mr. Smith, Miss Smith, and Mr. Davis. 

Q. Did Mr. Pray remain? — ^A. For a short time. 

Q. When they laid those returns on that desk there, what did you do? — A. I 
asked Mr. Pray — told him I would like to go through the returns. 

Q. What did he say? — A. He says, " It will not be necessary for you ; we have 
just had them into the adding machine in the treasurer's office and had them 
tabulated, so you can get them absolutely correct from our figures." 

Q. W^hat further occurred between you and Pray at that time? — ^A. In a few 
minutes, or about that time — I am not just iK)8itive — ^perhaps it was before the 
other three had gone, Mr. Sutlierland — W. H. Sutherland — ^and his son came In, 
and the three of us went through the returns together and added up the figures 
throughout the book. During that time Mr. Pray came to me and says, " Now, 
I am going to dinner and leave these books here with you, and when you get 
through you lock the door when you go out." 

Q. Did you go through those returns at that time? — ^A. Yes, sir. 

Q. Did you have to break any seals In order to get into the returns? — A. No, 
sir; the books were out of the envelopes. 

Q. All of them out of the envelopes? — A. Yes, sir. 

Q. Were the envelopes there? — A. I didn't see them. 

Q. Did the returns that you saw there at that time purport to be the returns 
from some of the election precincts in the county of Eaton? — ^A. I think all of 
the precincts in the county of Eaton but Sunfield and Oneida. 

Q. You did not find the returns of those two precincts in that lot of returns 
at that time? — ^A. No, sir. 

Q. Did you on that occasion, before you left the clerk's office, see the envelopes 
with those returns? — A. No, sir: I think not. 

Q. Did Mr. Pray or anyone else, at the time the four you have mentioned 
that you siiw in the corridor, state to you or show you any figures of what they 
claimed the returns showed the result to be? — A. Yes, sir; Mr. Da^is did. 

Q. What Davis?— A. John Davis, of Battle Creek. 

Q. Had you known John Davis, of Battle Creek, prior to that occasion? — A. 
Yes, sir. 

Q. How long had you know him? — A. I presume for 20 yeara 

Q. He was living at that time in Battle Creek, as you understood it, was he? — 
A. Yes, sir. 

Q. Had he lived in Eaton County, that you know of. at any time within 30 
days prior to the election of November 5, 1912? — A. No, sir. 

Q. How long, to your knowledge, had Davis been living at Battle Creek? — 
A. Well, for a number of years; I should say [)erhaps 10 or 12, perhaps longer. 

Q. Do you know what he claimed his politics to be? — A. He claimed to be 
a Republican. 

Q. Do you know whether he claimed to hold any position in the Republican 

Party? 
Mr. Maynard. I object to that as incompetent and immaterial and hearsay. 

(No answer.) 



CARNEY VS. SMITH. 39 

Q. Did Mr. Davis claim to yoii or did he to your knowledge hold any position 
In the Republican Pnrty during the last 1912 fall campaign? 

Mr. Maynabd. The same objection. 

A. Xo; he didn't claim he did. 

Q. Do you know, of your own knowledge, what he was doing over here at 
that time that you say you saw him here at the courthouse? — A. He told me 
that he was here for the purjwse of straightening up that Smith-Carney vote 
and getting the figures. 

Q. When did he tell you thnt? — A. Shortly after noon. 

Q. Of what day? — A. Of this same day. 

Q. Do you say that on this occaision, when you first saw thesQ books In the 
comity clerk's oflSce of Eaton County, that j'ou did not see the envelopes or any 
of the envelopes, such as this one I show you, addressed to the county clerk, 
Chnrlotte, Eaton County. Mich, [showing witness Exhibit 21?— A. I did not. 

Mr. Adams. I don't offer it in evidence. 

Mr. Maynard. The enveloi)e shown witness purports to come from the town- 
ship of Sunfield. Eaton County. 

Q. On that occasion, when you were in the clerk's office, I understand that 
you did not find the election returns from the precinct of Sunfield? — A. No, sir. 

Q. Do you say you did or did not? — A. I did not from Sunfield nor Oneida — 
I think the two townships were. 

Mr. Adams. We offer Exhibit 3 for identification only. 

Q. I show you and hand you Exhibit 3 for the purpose of identification only. 
With reference to that Exhibit 3, were the returns or papers which you say Mr. 
Davis and Mr. Smith and Miss Smith and Mr. Pray brought Into the county 
clerk's ofllce upon the day you mentioned — were of like character of this Ex- 
hibit 3, or not? — ^A. Yes, sir. 

Q. That If, I mean as to the general make-up of the books? — A. Yes. sir; I 
think tliere was another book ; I am not i)ositive of that. I think there was a 
tally sheet in connection with these. 

Mr. Adams. This is Exhibit 4 for Identification, being the tally sheet from 
Sunfield. 

Q. I show you a tally sheet marked " Exhibit 4.'* Did you see (m the occasion 
referred to in the last question any tally sheets of the general character such 
as the one I am showing you now, Exhibit 4, on this particular occasion that 
you have been testifying about? — A. Yes. sir. 

Q. Did you find a statement book or not find a statement book and a tally 
sheet from each of the several precincts in the county of Eaton on this occasion 
you have just mentioned save the townships of Sunfield and Oneida? — A. I 
don't remember of seeing the statement book; this is the book I went through 
at that time; the tally sheets or tally book. 

Q. What do you mean by going through the tally book at that time? How 
many tally books? — A. I went through all of them except the two missing 
precincts. 

Q. Those were Sunfield and Oneida? — A. To the best of my recollection those 
were the two townships that were missing. 

Q. After you went through those, what did you do with them? — A. I left 
them there on the counter. 

Q. Did you at any time on that day see any envelopes in the county clerk's 
office, such as Exhibit 2? — A. Yes, sir. 

Q. When, first?— -A. Shortly after dinner. 

Q. Where were they? — A. The mail boy brought them in — brought the mall; 
the two townships came in shortly after dinner. 

Q. What day was that? — A. The same day. 

Q. Who was present when they were brought in, if anyone? — A. Well. I 
was there, John Davis was there, of Battle Creek, John C. Nichols, and this 
Lucille Smith. 

Q. Is that Congressman Smith's daughter? — A. Yes. sir; and M. P. Hart, of 
the Republican office. I presume there were 15 or 20 there at that time. 

Q. This John C. Nichols you have mentioned, had he. to your knowledge, 
ever held any official position in this county prior to the November, 1012, elec- 
tion? — ^A. Yes, sir; I know of his being justice of the i)eace of the city and 
circuit court commis.<*ioner. 

Q. Did you ever see him working in the county clerk's office before that 
election day? — A. Prior to November 5? 

Q. Yes, sir. — A. Yes, sir; I have seen him around the clerk's office consid- 
erably. 



40 CAKNEY VS. SMITH. 

• 

Q. Did you see him around the clerk's office after November 5, 1912? — ^A. Yes, 
sir; most every day. 

Q. What was he doing there; what did you see him doing? — ^A. He seemed 
to be in charge of the affairs of the office to a considerable extent. 

Q. These returns, you Fay, from those two precincts came in in the afternoon 
of that day on which you first examined the returns? — ^A. Yes, sir. 

Mr. Adams. Exhibit 5 is from Oneida Township ; for the purpose of identifica- 
tion I have had the envelope addressed " CJounty clerk, Charlotte, county of 
Eaton," purporting to be the Oneida election returns from Oneida Township, 
marked *' Exhibit 5." 

Q. I show you now Exhibit 2 and Exhibit 5 and ask you whether those ap- 
pear to be the envelopes you say came in on the afternoon of that day into the 
county clerk's office? — ^A. They appear to be. 

Q. When those envelopes came into that office on that day from those two 
townships, state whether or not you noticed that they were or were not sealed. — 
A. They were sealed. 

Q. Did you see anybody break the seals on them? — ^A. No; I didn't see that. 

Q. What was done with them when they were brought in? — A. They were laid 
on the table in the center of the room. 

Q. Did anybody open them in your presence? — A. I couldn't say that they 
were opened while I was in the room. John Davis, of Battle Creek, and I were 
checking over the figures we made, and while doing that these books were 
opened. I couldn't say who opened them. 

Q. What books? — A. These envelopes were opened. 

Q. From Oneida and Sunfield do you mean? — ^A. Yes, sir; if those are the 
two townships. 

Q. Was Congressman Smith there at that time? — ^A. I don't think he was; 
no, sir. 

Mr. Adams. Will it be conceded that E. G. Pray at that November 5. 1912. 
eleotioii, in tlie county of P^aton, was a candidate for representative in the State 
legislature on the Republican ticket? 

Mr. Fellows. I understand he was; that Is conceded upon the record. Why 
not have it conceded that before that he had been county clerk? 

Mr. Adams. We will concede that he was county clerk ; it may be conceded that 
the Mr. Pray referred to as being a candidate for the legislature on the Repub- 
lican ticket at that election was during the year 1912, up to November 1, county 
clerk of the county of Eaton. 

Mr. Fellows. Your concession being that he was county clerk up to the date 
at which he resigned? 

Mr. Adams. I don't want to concede the resignation. 

Mr. Maynard. All right ; we will make the proof. 

Mr. Adams. He may have been county clerk, but I don't concede the fact that 
he resigned. 

Mr. Maynard. It Is conceded that he was a candidate for representative at 
this election on the Republican ticket and was county clerk down to November 1. 
1912. 

Mr. Adams. We can look that up later; at this time I will stipulate that far. 
Do you concede that John C. Nichols, whom the witness has been testifying 
about, was a candidate at the November 5, 1912, election In the county of 
Eaton, Mich., for the office of circuit court commissioner on the Republican 
ticket? 

Mr. Maynard. That Is probably true; we will concede that. 

Q. The John C. Nichols you saw over there In the clerk's office was the same 
John C. Nichols that was a candidate for circuit court commissioner, as you 
understand It, at the November 5, 1912, election? — A. Yes, sir. 

Q. On the Republican ticket?— A. Yes, sir. 

Q. What did you see William Smith, son of Congressman Smith, do there in 
the clerk's office at any time after this forenoon when you say you first saw 
these election retunis in the county clerk's office of Eaton County? — ^A. I 
couldn't say that I sjiw him do anything particularly; he .seemed to be checking 
up the figures ; I am not positive he had a list with the figures himself. 

Q. Did you see him handling any of these election returns or statement 
books there in the county clerk's office there at that time? — A. No, sir. 

Q. I mean after you saw William Smith, John Davis. E. G. Pray, and Miss 
Smith bring them into the county clerk's office from the corridor of the court- 
house? — A. No, sir; I never saw him after that time. 



GABNEY VS. SMITH. 41 

Grofls-examlBatlon by Mr. Maynabd: 

Q. Mr. Robinson, what Is your occupation? — ^A. At present I am working on 
the Charlotte Laader — a newspaper reporter. 

Q. How long have you been engaged in reporting for the newspapers? — 
A. Why, for three or four years. 

Q. What papers? — ^A. The Detroit News, the Grand Rapids Press and Herald, 
the Detroit Journal, and the Detroit Free Press. 

Q. Have you also been engaged for the fireman's association in the State? — 
A. Yes, sir. 

Q. As secretary of that organization? — A. No, sir. 

Q. Have you ever been secretary of any of those companies of the local com- 
pany; had anything to do with any of those associations in any official capac- 
ity? — A. I was statistician for the State Firemen's Association. 

Q. You have been in rwlitlos a great many years here — one of the head 
ones? — ^A. I have been, from a Democratic standpoint. 

Q. There is not much going on but what you are around to get the news for 
the papers? — ^A. No, sir. 

Q. When you went over there in the morning, what did you go there for — to 
the county cleric's office? — A. Why, the returns in the Democratic headquarters 
were not complete ; there was more or less controversy in regard to the returns. 

Q. And you were trying to smooth it out and get the right figures? — ^A. Yes, 
sir. 

Q. That is what you were aiming to do? — A. Yes, sir. 

Q. You didn't find any of these written returns on the first day you went to 
the clerk's office? — A. I don't think so; I couldn't say that I did. 

Q. You don't say but what some of them were there that day? — ^A. They may 
have been. 

Q. As they came in, the earlier returns, you examined and consulted the tally 
sheets for the purpose of getting the correct returns, didn't you? — A. As they 
came in. 

Q. Whenever they were called to your attention? — A. I didn't go there but 
that one time. 

Q. That time you met them with the tally sheets coming from the treasurer's 
office, as you understand it? — ^A. Yes, sir. 

Q. They had an adding machine in the treasurer's office? — A. Yes, sir. 

Q. And the county officers, those interested in the county business, went to 
the county clerk's office to compute their adding with that machine? — A. That 
is as I understand it. 

Q. Was the door in the treasurer's office right straight across from the door 
in the county clerk's office? — A. Yes, sii*. 

Q. When you say they had these tally sheets? — A. Yes, sir. 

Q. You are positive they were the tally sheets? — A. Yes, sir; I am positive 
they were. 

Q. You don't remember, then, of seeing the statement books? — A. No. sir; I 
don't; I hardly think they were the statement books. 

Q. Because you found them to be the tally sheets? — A. Yes, sir. 

Q. What officers were you computing those votes ui)on? — A. Both Congress- 
man and the drain commissioner. 

Q. Those were the two officers that you were especially interested in? — A. Yes, 
sir. 

Q. And you tried to get the correct and exact figures upon Mr. Carney's vote, 
didn't you? — A. Yes, sir. 

Q. As you understand it, your friend Davis was trying to get the exact figures 
for Mr. Smith? — A. So he stated to me. 

Q. As far as you know that Is all that either one of you were doing — was try- 
ing to get the exact vote? — ^A. Yes, sir. 

Q. Of those two men? — ^A. Yes. sir. 

Q, Neither of you were there changing any of those votes? — A. I didn't see 
anything of that kind ; I didn't. 

Q. You wanted to get the honest, straight vote? — A. That was my idea. 

Q. And you two looked through the papers together? — ^A. No, sir; Mr. Davis 
and I didn't 

Q. Did you check over any with him? — ^A. Not until after dinner. My figures 
were 912 and his were 914 ; after he went through my figures he turned to Miss 
Smith and says, " I concede your figures are correct" 

Q. What did that 912 represent?— A. That was the county vote. 



42 CABNEY VS. SMITH. 

Q. The majority of Smith over Carney? — ^A. Yes, sir. You see, those boolta— 
Sunfield nud Oneida books, if those are the two — hadn't come in. We took our 
figures we got from the office for those. 

Q. Up to that time you were close together on the count — 912 majority for 
Smith, with the exception of two precincts? 

Mr. Adams. That Is calling for the conclusion of the witness. 

Q. You were two apart; that is as near as you got until you got the fig- 
ures? — ^A. Yes, sir. 

Q. How old was William Smith; about 14 at that time?— A. Why. I don't 
know ; I should say 14 or 15 ; well, I couldn't say. 

Q. He Is a boy, and you have known him — ^he has lived in the city ever since 
he was a boy? — A. Yes, sir. 

Q. This was not the first general election you had been interested in and came 
to the county clerk's office for the purpose of seeing after the returns, was it? 

Mr. Adams. I object to that as irrelevant and immaterial. 

A. You mean by that, the State election? 

Q. A general election. — ^A. I had been there before at the primary, at the 
clerk's office. 

Q. You went usually, didn't you, for the purpose of trying to obtain the cor- 
rect returns from the clerk's office? 

Mr. Adams. I object to that as irrelevant and immaterial. 

A. Yes, sir. 

Q. That is the general pnictice in the county? 

Mr. Adams. The same objection. 

A. I couldn't say that is the general practice. I know any time I was there 
I was generally the only Democrat. 

Q. You had the opi)ortunity just the same as if you had been a Republican, 
didn't you, to ascertain what the returns were? 

Mr. Adams. I object to that as incompetent and Immatarial. 

A. At the primary election I was unable to obtain anything In regard to the 
Democratic cnndidnte's vote, but the Republican vote was all right. 

Q. Was there any contest on the Democratic ticket? — ^A. I think not 

Q. You know whoever was on there was elected, didn't you, as far as the 
primary was concerned? 

Mr. Adams. I object to that as Irrelevant and Immaterial and calling for the 
conclusion of the witness. 

A. I believe there was a contest at the primary. 

Q. On which one? — A, 1 am not sure: I was greatly Interested in getting the 
Democratic figures; there was a contest for probate judge; there was not be- 
tween ( 'onjjressmen. 

Q. Were there a number of elections pre<»eding this one that you had gone to 
the clerk's office for the puri)ose of obtaining the exact returns? 

Mr. Adams. I object to that as Irrelevant and immaterial. 

A. Yes, sir. 

Re<iirtvt examination by Mr. Adams : 

Q. Do you hohl or have you held any positions here in the fire deimrtment? — 
A. Yes. sir; I have been an officer there for about IS or 20 years. 

i}. Wliat office? — A. I was lieutenant for a number of years, and I am assist- 
}int chief at the present time. 

Q. How l(»n^ have y(Mi i)een assistant chief? — A. Practically under a year; 
since the 1st of last May. 

Q. You said you thought the books that you examined relating to this Novem- 
ber r». 1012, oli^'tion. the first time you examined them In the county clerk's 
office, were the tally sheets?— A. I think they were the tally sheets; yes, sir. 

Q. Did you see tliere, or did you not see. the statement book on that occa- 
sion? — A. No, sir; 1 think I did not see the statement book on that occasion: 
I did later on. 

Q. When, first, later on? — A. I think that afternoon the statement books were 

t here 

Q. Counsel asked you whether you wei-e trying to get the honest, straight 
vote. You were trying to find out what the returns showed, were you not? 

Mr. Maynard. I object to that as leading. Let the witness state It Instead of 

the attorney. 

A. Yes, sir ; I was there to get the figures from the books. 

Q. Did you know whether it was the honest, straight vote or not that those 
returns showed on that occasion? — A. No, sir; I did not. 



CARNEY VS. SMITH. 43 

Q. Now, the 912 that you stated you figured that John M. C. Smith, candi- 
date fbr Congress on the Republican ticket, had at that election was the plu- 
rality in the county of Eaton, and that you included, I believe, the Suufield 
and Oneida township votes? — ^A. Yes, sir. 

Q. Where did you get the Oneida and Sunfield township votes to Include In 
reaching that result? — ^A. I took Mr. Pray's figures as he got them from the 
boards, as he told me. 

Q. Had yon or not, In determining 912 result, seen any tally sheets or state- 
ment books or returns from those two boards of election? — ^A. No, sir. 

Q. Up to that time?— A. No, sir. 

Q. Counsel aslced you whether William Smith was not a little boy. Now, 
how old OB November 5 would you say in your Judgment William Smith, son 
of Congressman Smith, was? — A. I think he was about 15 years of age. 

Q. A big boy, was he, at that time: how tall? 

Mr. Matnard. I object to that as immaterial. 

A. He was a good-si2sed boy in height, probably nearly as tall as I am. 

Q. How tall are you? — Five feet four and one-half or five inches. 

Q. Was not he taller at that time? — A. It might be; I am not sure about that. 

Q. Did you notice — or state if you did notice, rather, just what you saw 
William Smith doing there in the clerk's oflice? — A. Why, I couldn't really say 
he was doing anything. He was interested in getting these figures. I think 
he had a little pad in his hand with figures on it. I am not really positive, 
but to the best of my recollection he did have a little pad of paper in his hand. 

Q. Was that before or after you first saw William Smith in the corridor of 
the courthouse? — A. That was after. 

Q. When after? — A. Well, right at the time; within a few minutes. 

Q. Did you see him in there in the afternoon of that day again? — A. I couldn't 
say for sure whether I did or not : I think I did, but I wouldn't care to swear 
positively I did see him that afternoon. 

Recross-examination by Mr. Maynard: 

Q. Did he ask you what the figures were, and you gave them to him? — A. 
Did Smith? 

Q. Yes. sir. — ^A. No, sir; I did not, I don*t think. I know Davis did. 

Q. That is, John Davis asked you what figures you got?— A. Yes, sir. 

Q. And finally conceded that you were right? — A. Yes, sir. 

Q. How many rooms are there in the clerk's office? — A. There were two 
txx)ms. 

Q. Principal rooms? — A. Two large-size rooms. 

Q. And a vault? — A. Yes, sir. 

Q. Did you go into any except the front room? — A. I didn't go into the 
other rooms at all. 

Q. You know how the second room is arranged? — A. Yes, sir. 

Q. You have been in there? — ^A. Yes, sir. 

Q. Do you know that they have tables and a desk in there upon which they 
could place any of these records? — ^A. Yes, sir. 

Q. You didn't go in to see whether the envelopes were In there or not? — 
A. No, sir; I did not. 

Q. Or whether the books were in there? — ^A. No, sir. 

Q. All you can say about it is that you didn't notice anything at the time? — 
A. No, sir. 

Q. You were not looking for anything else, were you, Mr. Robinson? — A. 
No, sir. 

Redirect examination by Mr. Abams : 

Q. How many different people did you see examining these election returns 
and tally sheets and statement books after the November 5, 1912, election in 
the county clerk's office? — A. Well, sir, they were open for Inspection; anyone 
who cared to do so had a right to go ahead and examine those books. 

Q. They were open to the public and anybody that came in could look at 
them, is that right? — A. Yes, sir. 

JACKSON MOSIER, being first duly sworn to testify to the truth, the whole 
truth, and nothing but the truth, testified on behalf of the contestant as follows : 

Direct examination by Mr. Adams : 

Q. Mr. Mosier, you live in Charlotte, Eaton County, Mich.? — ^A. Yes, sir. 
Q. Your age is what? — ^A. I am past 68. 



44 CABNEY VS. SMITH. 

Q. You have lived here how long?— A. About, since 1860; 44 years, nearly. 

Q. You live in what ward here? — ^A. In the third ward. 

]ifr. Adams. By the way, will you concede that at the November 5, 1912, elec- 
tion that there were four wards in the city of Charlotte and separate voting 
precincts, namely, the first, second, third, and fourth wards? 

Mr. Matnabd. Yes, sir. 

Q. Were you a voter in the third ward at the November 6, 1912, election? — 
A. Yes, sir. 

Q. Did you have any position in the voting place in the third ward at that 
election? — ^A. I was appointed to challenge by the chairman of the Democratic 
city committee. 

Q. Did you go there as such challenger? — ^A. Yes, sir. 

Q. What time on that day did you reach that voting place and begin your 
duties as challenger for the Democratic Party? — ^A. I think it must have been 
7, or somewhere about 7, o'clock or a little after. 

Q. Was there or not any challenger there that day for any of the other 
political parties? — ^A. There was one appointed, but I don't think I saw him in 
there all day, except in the morning, until after the polls were closed. 

Q. Who began acting as Inspectors there in that precinct on that day? — A. 
Mr. Dunning and J. B. Dowigan. 

Q. Was there not another inspector? 

Mr. Maynabd. The charter provides for two. 

Q. As a matter of fact there were three inspectors of election on that day? — 
A. I think Mr. Sawyer was in there, for what purpose I don't know. 

Q. Was there a man named Barney? — ^A. He took the ballots and deposited 
them In the box. 

Q. What was his given name? — ^A. George. 

Q. Do you say there was any other man who acted as inspector in that 
precinct on that day In addition to those you have named? — ^A. No, sir; I guess 
he didn't act as inspector, Mr. Adams. 

Q. What was he doing there? — ^A. He only had the poll lists; canvassed the 
city. Had list of the voters In the city and checked them off. 

Q. lie was In there, was he? — A. Yes, sir. 

(). Within the railing?— A. Yes, sir. 

Q. Around where the Inspectors were? — ^A. Yes, sir. 

Q. How long was he in there that day? — A. All day. 

Q. What did you see hlni doing? — ^A. I didn't see him doing anything, except 
taking care of his books and checking off those who came In. 

Q. Do you know what he was doing that for?— A. To get out all the votes, I 
suppose, in the ward; we usually made a canvass. 

(^ Did you hear any oath administered to him in that precinct on that day 
by anyl>odyV — A. I did not; no, sir. 

Q. But he was around there where the ballots were being handed out and 
where jjeople were voting? — A. Yes, sir; he was Inside — the same as this Is the 
iiisi<le of the railing; same as I was. 

Q. Did you give us his given name? — A. I think William; I don't know. 

Q. You may state whether any of the men who came Into that precinct on 
that day while you were there asked for instructions? — A. They did. 

Q. And for a ballot? — A. Yes, sir; they asked for instructions. 

Q. Did any of the insjKJctors of election administer any oaths to these men 
who ai)plied for instructions on that day? — ^A. Not to my knowledge; I didn't 
hear them. 

Q. When any request was made by any voter to go in there to vote on that day 
and to be instructed In the manner of voting his ballot, what was done in the 
way of giving him Instructions? Explain that. — ^A. He went in the booth to 
get instructions, what they wanted to know. 

Q. Who went in? — A. I went in and two others, usually Dowigan and Dun- 
ning. 

Q. Did you always go in in every instance when a voter on that day asked 
for instructions? — ^A. I did when I was there. 

Q. Were you not there the whole day? — A. I was not there when I went to 
dinner; I left there to go to my dinner. 

Q. You left during the noon hour to get your dinner? — ^A. Yes. sir. 

Q. How long were you away from that voting place on that day for your 
dinner'.'— A. 1 don't think I was gone over three-quarters of an hour. 



CABNBY VS. SMITH. 45 

Q. Did anyone take your place as challenger durluK that time on behalf of the 
Democratic Party? — A. I didn't see anybody; no one was In there when I 
came back in my place. 

Q. The iwlls opened at what hour in the morning? — ^A. I think at 7 o'clock, 
\t I am not mistaken. 

Q. In the evening at what hour did they close? — A. At 5 o'clock. 

Q. After you returned from your noon meal to that voting place, state 
whether you did or did not remain there performing your duties as challenger, 
as yon have mentioned, up to the time the polls closed ? — A. I did. 

Q. When you were there on that day in that place state whether you did 
or did not in every instance when you noticed anybody applying for instructions 
as to the manner of voting, go into the booth and see the ballot marked. — 
A. I went in the booth. 

Q. Did you see the ballots marked? — ^A. I couldn't say that I did. 

Q. Why not? — A. It was usually too full; I couldn't hardly get in. When 
four got in there it was pretty hard to get in. 

Q. Did you hear — were you in a position to hear — what was said to the 
voter? — ^A. Yes, sir; I was in a position to hear. 

Q. Now, you say, do you. that in no instance when voters on that day there 
asked for instructions ns to the manner of voting was there an oath first ad- 
ministered to the voter before the instructions were given to him? — A. Do you 
mean those who asked for assistance? 

Q. Yes, sir. — ^A. Not that I know of. 

Q. You didn't hear any oath administered to any of them ? — ^A. I being on the 
other side, the ballot was handed through this side; however, none could imss 
out this wa3' ; I could see anyhow, being on the other side of the booth, maybe 
the length of the room. 

Q. Where were the inspectors with reference to where you stood when per- 
forming their ordinary duties of handing out and receiving ballots? — A. The 
handing out was on this side of the booth, and the clerks were also on this 
side, and I was on the opposite side. 

Q. In what iwsition were you to challenge the voter you desired to chal- 
lenge? — ^A. I would go in from this side; perhaps two of us would go In from 
this side and one from that side, and the one who handed out the ballot would 
go in. 

Q. Did you hear any oath administered that day to any voter who applied 
for instructions as to whether he could read the English language? — A. No, sir. 

Q. Did you hear any oath taken by any voter or voters who applied for 
instructions that they were physically disabled to mark their ballot? — ^A. I 
did not. 

Q. Or on any occasion when a voter in that precinct on that day applied for 
instructions as to the manner of voting his ballot, did more than one inspector 
go into the booth? — A. More than one Inspector? 

Q. Yes, sir. — ^A. Three every time. 

Q. I mean the inspectors now?— ^A. The inspectors? 

Q. Yes, sir. — ^A. I don't know as I get that question. 

Q. Whether more than one of the inspectors in any one instance went in when 
a voter had applied for instructions as to the manner of voting his ballot? — 
A Yes, sir. 

Q. You say they did; sometimes two of them went in? — ^A. Two every time. 

Q. Two inspectors? — ^A. Yes, sir. 

Q. Did you hear any suggestions made there that day to any voters who 
applied for instructions in marking their ballots, made as to who the voters 
would vote for? — ^A. I did. 

Q. What did you hear? — A. I heard Mr. Smith's name mentioned. 

Q. Who mentioned it? — ^A. Mr. Dunning. 

Q. When he was in the booth? — A. Yes, sir. 

Q. With the voters?— A. Yes, sir. 

Q. A suggestion was made by Mr. Dunning, who was then Inspector of elec- 
tion, to the voter to vote for John M. C. Smith; is that correct? — A. That is 
correct. 

Q. Was that the John M. C. Smith who was then a candidate on the Repub- 
lican ticket for Representative in Congress? — ^A. Yes, sir. 

Q. Did you hear any suggestion made there to any voters who applleil fur 
instructions on that day for any other candidate? — A. I did not myself. 



46 CARNEY VS. SMITH. 

Q. Did any controversy occur there between you as challenger for the Demo- 
cratic Party that day with reference to the manner in which the insijectors 
were carrying on that business? — A. We had some trouble there. 

Q. What controversy di^ you have? — ^A. I didn't think it was right. 

Q. What did you say? — ^A. I said it should be stopped. 

Q. What had to be stopped?— A. Soliciting. 

Q. Soliciting what?— A. Votes. 

Q. Who did you have that controversy with? — A. Mr. Dunning. 

Q. What did he say?— A. He said, " What are you going to do about It?" 

Q. Do you know what Mr. Dunninp's politics were on that day? — ^A. He was 
a Republican. 

Q. Con id you see how those men who were instructed by the inspector or to 
whom suggestions were made that they vote for John M. C. Smith for Congress- 
man in those booths on that day voted? — A. No, sir; I could not. 

Q. What business are you engaged In? — A. I don't know hardly. 

Q. Are you retired? — A. Yes, sir; tired. 

Q. What did you say retired or tired? — A. Tired. 

Cross-examination by Mr. Matnabd : 

Q. Mr. Mosier, which way did the booths run? — ^A. They run north and south. 

Q. Four booths in a line? — A. Yes, sir; all in line. 

Q. On which side of the booths were you sitting? — ^A. On the west side. 

Q. The west side of these booths that run north and south? — ^A. Yes, sir. 

Q. At the south end of the booths were you, next to the railing, the south- 
west comer of those booths? — ^A. I was all around them, every side. 

Q. You traveled around the booths? — A. Yes, sir. 

Q. The man who gave out the ballots was sitting at the railing at the south 
end of the room? — A. Yes. sir; on the east side. 

Q, And the clerks were on the east side of the booth? — ^A. Yes, sir. 

Q. And the Inspectors of election were on the east side of the booth, or one 
on the west side? — A. One on the west side. 

Q. The ballot box was on the left side? — ^A. Yes, sir. 

Q. The voters received their ballots In the southeast comer of the room, didn't 
they, through the gate? — ^A. The southeast comer; yes, sir. 

Q. They entered the booths from the east side? — A. Yes. sir. 

Q. And passed through and cast their ballots on the west comer? — ^A. In the 
northwest comer; yes, sir. 

Q. And you were on the side where they came through? — ^A. Yes, sir. 

Q. Was there any man who asked for assistance that went into the booths 
that you didn't go In with him? — A. I don't hardly think so while I was tbere. 

Q. How many were there? — ^A. All told? 

Q. Yep, sir.— A. Well. I would say a very small percentage of the voters 
who asked for assistance in the first place. 

Q. One or two? — ^A. More than that. 

Q. About how many? — ^A. I should say now about seven or eight, perhaps. 

Q. In the whole? — ^A. Yes, sir. 

Q. You are not positive about that, are you? — ^A. Well, I couldn't flay posi- 
tively. 

Q. Can you give any names? — ^A. No, sir; I can't give the names. 

Q. W^ho'was the one that you said you had trouble over? — ^A. I couldn't tell 
you what his name was. 

Q. You don't know what his name was? — ^A. No, sir; I couldn't say what his 
name was. 

Q. Mr. Mosler, you didn't see anybody mark a ballot for a voter, did you? — 
A. No. sir ; I couldn't say that I did. 

Q. Now, Mr. Mosler, did you hear either one of those inspectors ask any 
voter to vote for John M. C. Smith, In that language? — A. I did; one. 

Q. Who wjis thnt?— A. Mr. Dunning. 

Q. Do you remember the man's name? — A. No, sir; I do not. 

Q. ('an you give the language he used to this man? — A. He says, "J. M. C"; 
that is all. 

Q. He just mentioned the name? — A. Yes. sir. 

Q. Was this about the language he uswl, "How about John M. C. Smith?" — 
A. Yes, sir; something like that. 

Q. That is all he said?— A. Yes, sir. 

Q. That is the thing you took offense at?— A. I didn't think it was right. 



CARNEY VS. SMITH. 47 

Q. That man was the one that caused the trouble when he said. '* How about 
John M. C. Smith?"— A. That is the time I got a little mad. 

Q. Do you remember that man's name? — A. No, sir; I can not think of his 
name. 

Q. Do you remember the time that occurred, was it before you went to 
dinner or after? — A. That was after dinner. 

Redirect examination by Mr. Adams : 

Q. You say, Mr. Mosier, that you heard one ; what do you mean by that — one 
who? — A. I don't remember of Siiyin^ that: I meant one of the inspectors. 

Q. Did you henr any suggestion made to any of these others who applied for 
instructions that day? — A. The Fame thing. 

Q. How many different times did you hear these suggestions given to 
voters? — ^A. I couldn't tell you how many there were that asked for assistance, 
1 couldn't give you the number. 

Q. State whether or not suggestions were made to all when you were present 
tbat day? — A. Do you mean those who asked for assistance? 

Q. Yes, sir. — ^A. All those, I think ; yes, sir. 

Q. Did you know those men who were applying for instructions? — ^A. No, 
sir: I didn't pay any attention to who they were. There are a good many in 
the ward I don't know. 

Q. Whether you knew them by name — those who applied for instructions? — A. 
No. sir. 

Q. On that day? — A. No, sir; I couldn't tell you that. 

Q. Did you or not know their names on that day when they voted? — A. No; 
I don't think I did. 

Q. Who handed out the ballots to the voters that day? — A. Mr. Dowdigan. 

Q. Who received the ballots from the voters and put them in the ballot 
boxes? — A, (4eorge Barney. 

Q. Who acted or assisted there in the actual work of counting the ballots, if 
you know? In other words, did anyone assist in doing that eccept those who 
were Inspectors and the clerks In that precinct? — A. No; I think not. 

Q. Were all the Inspectors there or not when the counting was done, while 
you were there? — A. I think so; I think they were all there. 

Q. How many ballot boxes did they have there that day, more than one or 
only one? — ^A. Just one. 

Q. Did the board stay there aftw the adjournment In the afternoon until 
the counting up was concluded, so far as you know? — A. Yes, sir; they did. 

Q. Was John C. Nichols there any part of the day?— A. Inside? 

Q. Yes, sir. — A. No, sir; I think not. 

Q. You intimated a little earlier in your examination, Mr. Mosier, that you 
thought somebody else had acted there as Inspector? — ^A. No; he did not; he 
didn't act as inspector. 

Q. That was the man you referred to? — A. Yes, sir; he didn't act as Inspector. 

Recross-examlnatlon by Mr. Maynard: 

Q. Mr. Mosier, this man you referred to was J. W. Sawyer, of the gaslight 
office?— A. Yes, slV. 

Q. Ke was the Republican challenger and had his book there, keeping tally? — 
A. He kept tally ; yes, sir. 

Q. That is all he did? — .A. He didn't act as challenger; I presume that Is 
what he was there for. 

Q. What you mean Is he didn't go Into the booth? — A. No, sir. 

Q. He was appointed by the Republicans for that purpose? — A. I suppose 
that Is what he was there for. 

Q. That is what he did — checked off the voters that went in?— A. Yes, sir. 

Q. Mr. Sawyer is a very quiet man? — A. Yes, sir. 

Q. He didn't have much to say: only just kept the tally?— A. No, sir. 

Q. You and Mr. Sawyer were the only ones who were operating In that way — 
you for the Democratic Party kept the chei'king — A, I didn't have any time. 

Q. You were simply looking to see that those who went In the booths voted 
richt*' \ Yes sir. 

Q. There was just one thing I didn't get. You said that somebody asked for 
instructions: did you hear anj'body there ask anybody to mark a ballot for 
them?— A. I did not. 

Q. They simply wanted to know how to mark It themselves? — A. Yes, sir. 

Q. And those Instructions were given to them and they marked their own 
ballots? — ^A. As far as I know : yes, sir. 



48 CARNEY VS. SMITH. 

Itedirect exaniiimtion by Mr. Adams: 

Q. Did yoii see whether they marked their own ballots or not? — A, No, f4r: 
I did not; I couldn't tell you in regard to that. 

Q. You say. Mr. Mosier, as 1 understand it, that you didn't see whether the 
voters who applied for instructions actually marked their ballots themselves 
or whether they didn't; is that correct? — A. I think that is correct. 

Q. Why was that? Why couldn't you see? What was the reason of it; was 
there any reason? — A. Most of the time you could hardly get in; you get four 
in there and tlie room is small. 

Q. There W€>nld be the voter and two inspectors? — ^A. Yes, sir; and when I 
would get in that would make four in the booth. 

Q. Ilie booths were Hbout how long — the longest way of them — as a man 
walked in? — A. I don't know what size they were. 

Q. Just wide enough for one man to get in — in width? — A. There is not much 
room in them, I am sure. 

Q. Four feet, maybe, walking space in there? — A. I think so. 

Q. The voter would get in and the two insiiectors, and there was not much 
chance for you to get in: was that or not the reason why you couldn't see 
whether the voters voted their tickets when they asked instructions or not? — 
A. That is true. 

Ke<-ross-examination by Mr. Maynard: 

Q. Mr. Mosier, on one side of this booth was the door by which they entered? — 
A. Yes, sir. , 

Q. On the other side, where you were, was the door they came out through 
when they voted? — A. Yes. sir. 

Q. When the voter went in the shelf on which the tickets lay was up one 
side of the booth? — A. I think about in the center. 

Q. It went clear across the booth — the shelf did? — A. Yes, sir. 

Q. As the voter' went in you stoiKl at his hand, didn't you ; next to him on 
that side of the booth? — A. Yes. sir. 

Q. The others came on the other side, did they; that is, the inspectors in 
the same direction the voter did? — ^A. On each side; yes, sir. 

Q. When the voter received the instructions he retired and closed the door 
and marked the ballot himself, didn't he? You didn't see any inspector mark 
a ballot at any time? — ^A. I couldn't say that I did. 

Redirect examination by Mr. Adams : 

Q. As I understand you, when a voter was in there receiving instructions 
one inspector was on one side of the voter and another inspector was on the 
other side? — ^A. Yes, sir. 

Q. So you challengers had to take your chances whenever you could get a 
chance? — ^A. I got in somewhere. 

(Whereupon the hearing was adjourned until 1 o'clock p. m.) 

Mr. JACKSON MOSIER, recalled, testified further on Ijehalf of the con- 
testant as follows: 

Examined by Mr. Adams : 

Q. So far as relates to the voters in the third precinct at the November 5, 
1912, election, who applied for instructions in marking their ballots; did you 
notice whether any of those particular voters had any physical disability? — A. 
I did not. 

Q. Did they have any physical disability so far as you could observe? — ^A. 
No, sir. 

Q. Did they make any claim there in your hearing — those particular voters, 
I mean — that they had any physical disability which prevented them from 
marking their ballots?— A. Not that I noticed. 

Recross-examination by Mr. Maynabd: 
Q. Wlijit they dcsirtvl >Yas instructions as to how to mark it themselves? — A. 
They wanted instructions. 

. Q. As to how to mark the ballot? — A. Yes, sir ; and some couldn't find the 
party ticket ; they didn't know their party ticket. 

F. M. OVERMYER being by me first duly sworn to testify to the truth, the 
whole truth, and nothing but the truth, testified as follows : 



CARNEY VS. SMITH. 49 

Direct examination by Mr. Adams : 

Q. Mr. Overmyer, yon live where? — ^A. I live in the second ward of this city. 

Q. How long have you lived in that ward?— A. About 16 years. 

Q. By "this city," what city do you mean?— A. I mean the city of Char- 
lotte, Mich. 

Q. Eaton County?— A. Yes, sir. 

Q. How old are you?— A. I was 68 years old the day before yesterday. 

Q. Were you a voter in the city of Charlotte at the last November 5, 1912, 
election? — A. Yes. sir; I was. 

Q. What ward did you live in at that time and vote in? — A. I was in the 
second ward. 

Q. Were you in any way engaged in the election aside from voting in any 
part of this city on that day? — ^A. I was acting in the capacity of challenger. 

Q. For what party? — ^A. For the Democratic Party. 

Q. In what ward? — ^A. In the second ward. 

Q. Was there more than one voting place in that ward at that election, one 
voting precinct? — ^A. As I understood it, yes, sir ; that is all I know of. 

Q. What time in the morning did you undertake the performance of your 
duty as a challenger for the Democratic Party in that voting precinct? — A. I 
was there when the polls opened. 

Q. About what time did they open? — ^A. Really, I couldn't tell you exactly. 

Q. Approximately? — A. Along about half past 6, I think, or possibly earlier 
than that. 

Q. What time did they begin voting in that precinct on that day, if you re- 
member? — ^A. Along, I should say, about half past 6; might have been later. 

Q. How long did you, from the time they did open up and begin to work on 
that board, remain there that day?— 4i. I was there all day until the polls 
were closed and the vote counted at night. 

Q. Did you leave at any time during the day? — ^A. I left at one time about 
5 minutes to get a cigar. I don't think I was absent from the building or 
voting place any more than 5 or 10 minutes at the outside from the time the 
polls opened until they closed at night and the vote was counted. 

Q. How did you get your meals? — A. My dinner was sent to me by some 
one; I didn't inquire by whom — I was satisfied with it. 

Q. Did you or did you not perform the duty of challenger at that precinct 
that day? — ^A. I did to a certain extent; yes, sir. 

Q. Who afted as inspectors of election at that precinct that day? — A. I 
think Claude Knowles, Herman Gouldie, and Roy Preston. 

Q. Did Mr. Barber act as inspector of election that day? — A. Yes, sir; he 
prepared the tickets and the ballots. 

Q. Who were the clerks, if you remember? — A. Mr. Gouldie and Mr. Preston. 

Q. R. S. Preston? — A. Roy Preston and Herman Gouldie. 

Q. Were there any changes made in the inspectors in that precinct that day 
that you know of? While there were three different ones receiving ballots 
and depositing them in the box from the time they started in in the morning, 
whether inspectors or not, until they closed the polls that night and got through 
with the counting of the votes, whenever that was, did you notice whether any 
change was made in any of the inspectors at that precinct — any others who 
acted as inspectors — or did the same three men act from the beginning to the 
end? — A. Well, now, of course, I know who started in and who succeeded that 
person, if that is what you wish to find out, that received the ballots. I don't 
think there was any change made in this; that is, in regard to Mr. Preston and 
Mr. Gouldie and Mr. Knowles — there was in those that received the ballots on 
the opposite side of the booth — and deposited them in the box. 

Q. Did some one of those three men perform those duties or did some new 
man come in? — A. I never saw any but those three; that is all I noticed. 

Q. Who had charge of the ballot box?— A. It started in with Mr. Hamilton, 
as I know his name. 

Q. What was he doing at that election that day?— A. He was, I think, one 
of the board of aldermen here. I presume 

Q. (Interniptin.) Not what you presume. What did you see Mr. Hamilton 
doing there that day? — ^A. I saw him depositing ballots in the box as they were 
passed to him before they came out of the booth. 

Q. As the voter came out of the booth he handed his ballot to Mr. Hamil- 
ton? — ^A. Yes, sir. 

28G— 13 4 



50 CARNEY VS. SMITH. 

Q. And you say that Mr. Hamilton put that ballot into the ballot box?— A. 
Yes, sir. 

Q. How long that day did he act In doing that?— A. I don't think Mr. Hamil- 
ton was there over an hour or sa 

Q. Who took his place then in receiving and depositing the ballots in the 
ballot box in thnt precinct? — A. Mr. Barber. 

Q. Did any others besides Mr. Barber and Mr. Hamilton, on that day, receive 
ballots from the voters and deposit them in the ballot box? — ^A. Yes, sir; there 
was another. 

Q. Who?— A. John O. Nichols. 

Q. Is that the John O. Nichols who afterwards assumed to be and acted here 
In the capacity of county clerk? — ^A. The same man; yes, sir. 

Q. Was he or not the same John O. Nichols who was a candidate on the 
Republican ticket at that election for circuit-court commissioner? — ^A. Yes, sir. 

Q. The same man? — ^A. The same man. 

Q. What did you see John C. Nichols do there in that voting place on that 
day? — A. I saw him take quite a number of ballots as they were passed to him 
and announce the name of the voter and deposit the ballots in the box. 

Q. In the ballot box? — A. Yes, sir. 

Q. How long, Mr. Overmyer, did you see John C. Nichols act In that capacity 
of receiving and depositing those ballots there? — A. Well, as near as I can recol- 
lect now, I should say he was there from an hour to an hour and a half. I 
might be a little off in that, but that is my best recollec^tion at this time. 

Q. Had John C. Nichols been around that voting place any before he began 
receiving and dei)08iting ballots on that day? — A. Yes, sir; I noticed him around 
there. 

Q. On the inside? — A. If he was instde he was on the (H)poslte side from 
where I usually stood ; if he was in there before that time, I didn't know it. 

Q. What was the first you saw John C. Nichols doing in that voting place that 
day? — A. Receiving those ballots; that was the first I noticed him having any- 
thing to do with it. 

Q. Had any of the other inspectors who began acting on the morning of elec- 
tion day there left the second ward voting place at the time that John C. Nichols 
began acting in the capacity of receiving and deiwsitiug those ballots? — ^A. I 
couldn't answer that question. 

Q. Did you hear any oath administered to the John C. Nichols you have 
referred to before he began to receive and dei>osit those ballots on. that day? — 
A. I did not; no, sir. 

Q. What, If anything, did you notice John C. Nichols doing there in that 
voting place on that day after he ceased receiving and depositing ballots? — 
A. He was there In the evening when the vote was being counted. 

Q. What did you see him doing there in the evening? — ^A. Well, he stood there 
and had a little something to say occasionally. 

Q. What did he have to say? What did he say? — ^A. Well, now, sir, I can not 
repeat anything he said. Of course, I know that he dlctateti to Mr. Knowles as 
he was counting the ballots several times. I remember on one occasion Mr. 
Knowles says, " Now, here, that shows to nie the intent of the voter all right 
enough," and Mr. Nichols made the remark, " I don't see how any man can say 
how he knows what the intent of the voter was," or something to that effect. 
Now, the point at issue I don't know what it was or who the candidate was that 
brought the argument about. 

Q. Did you notice In that precinct in the second ward on that day whether 
any voters made any requests to the election board for Instructions as to the 
manner of voting their ticket? — A. One came under my notice particularly, 
being a neighbor of mine. I know he made a request; what others did that 
were in there for Instructions — what requests they made — I don't know. There 
were quite a number In there, and they seemed to want assistance in marking 
their ballots or something of the kind. 

Q. Was there any instance where a voter on that day In that precinct made a 
request for instructions In the marking of their respective ballots before voting 
them, did you hear any oath administered by any of the Inspectors of that elec- 
tion on that day to those men who applied for Instructions? — A. I did not. 

Q. Did you hear any of those men on that day there who made application for 
Instructions in the manner of voting make any statement to any of the election 
board that they did not understand the English language? — A. No, sir; I didn't 
hear anything of that kind. 



CARNEY VS. SMITH. 51 

Q. Did you hear any of those on that day there who ai)i)Ued for instructions 
in reference to voting their ballots make any claim that they were physically 
disabled and could not for that reason vote their ballots? — A. Yes, sir; one 
voter there claimed defective eyeslj^ht : he was an elderly gentleman and quite 
feeble. 
Q. Do you linow his name? — A. I do. 

Q. What was his name? — A. Stephen Ferguson, Icnown as Elder Ferguson. 
Q. Did he vote at that election? — ^A. Yes, sir. 

Q. Do you l^now whether he personally marked his ballot or not? — A. I know 
he did not. 

Q. Who marked his ballot? — A. Claude KnowU^s. 

Q. With the exception of this gentleman you have just mentioned, did any 
of those applying there for instructions in the matter of voting their ballots 
or to mark them make any statement to any of the inspectors there that they 
were physically disabled and could not for that reason mark their ballots? — A. 
Just allow me to make a little statement. This Elder Ferguson is the only 
man I saw in the booth there. I didn't understand the duty or how far u chal- 
lenger's authority extended, and I didn't find it out until later; consequently I 
was not in the booth but with that one man. Elder Ferguson. 

Q. How close were you to the space where the voters were handed their 
ballots before they went into the booths to mark them? — A. I think about S 
or 10 feet. 

Q. Did 3'ou he.nr any of those voters who came in there ai)i)lying for a ticket 
to vote in the precinct that day before they got their ballot or ticket and before 
they went into the booth make any statement to any insi)ector of the ele^ctlon 
that they were physically disabled and for that reason could not mark their 
ballots and wanted instructions, or that in substance, except this one you have 
mentioned? — A. I did not hear any others except the one. 

Q. Did you hear any of those men who applied there on tliat day for iustruc- 
tions with reference to the voting of their ballots make any statement to any 
Inspector of that election board that they did not understand the English lan- 
guage and could not read it? — A. I didn't hear anything of the kind. 

Q. Were you in the booth or did you watch any of those men, except the one 
you have mentioned, receiving instructions, of those who applied for instruc- 
tions? — No, sir. 

Q. That is the only one? — A. Yes, sir. 
Q. That you saw in the booth? — A. Yes, sir. 

Q. Were you in a position to see? How close were you to him? — ^A. I went in 
the booth with him. 

Q. Who else went in? — A. Mr. Kuowles was in there. 
Q. Anyone else? — A. No one but the voter. 

Q. Who went in with those who had applied for instructions? — A. Mr. 
Gould ie went in. 
Q. He was a clerk? — A. Yes, sir. 

Q. Did the inspectors go in with Mr. Gould le? — A. No; no one did any time 1 
was there during that day. I never saw more than one person In with the voter 
in any of the booths. 

Q. What different men besides Mr. Gouldle went in wltl5 those who a|)plled 
for instructions? — A. Mr. Kuowles went in. 
Q. Anybody with him? — A. No one but the voter. 

Q. Mr. Knowles was, as you understood it, a Republican? — A. Yes, sir; I 
always understood he was a Republican. 

Q. I>ld this man John C. Nichols assist any in helping the voters in reference 
to marking their ballots in the booths? — ^A. Not that. I know of. 
Q. You didn't notice that? — A. No, sir. 

Q. With this one exception that you have mentioned of this elderly gen- 
tleman — Mr. Ferguson — only one lns[)ector went in with the voters who ai)i)lied 
for instructions? — A. That is all I saw at that time. 

Q. No challengers went in excei)t in that one instance that you noticed? — 
A. No, sir. 

Q. Were you asked at any time to go into the booth when Instructions were 
given to voters? — ^A. No, sir. 

Q. Did you hear the inspectors ask any of the challengers, if any others were 
there, to go in when these instructions were given to those voters? — A. No, sir; 
I didn't hear them ask anyone to go in. 

Q. Were you or not around there that day within the voting place within 
hearing distance if a conversation took place there in an ordinary tone? — 
A. Tes, sir; I was in a position to hear it, I think, about all the time. 



52 CABNBY VS. SMITH. 

Q. Did I understand you to say that John G. Nichols was the only one who 
acted as Inspector besides Mr. Hamilton and these other fellows, Mr. Barber 
and Knowles, Hamilton, Barber, and Nichols, and Knowles, too?— A. Yes, sir. 

Q. Were there any others who assumed to act as inspectors of election that 
day besides those? — ^A. Not that I know of. 

Q. When John C. Nichols was receiving those ballots and depositing them, 
where was he standing or sitting, as the case may have been; or located, in 
that voting place with reference to where the other inspectors of that election 
were who were then acting there? — ^A. On the opposite side of the booth. 

Q. Ck)uld the other inspectors see what John C. Nichols was doing when 
Nichols was depositing and receiving those ballots? — A. No, sir. 

Q. What was there to prevent the other Inspectors from seeing what Nichols 
was doing there when receiving and depositing those ballots? — ^A. They were 
on the opposite side of the booth. 

Q. How high were those booths, approximately? — A. I should say they were 
in the neighborhood of 7 feet ; possibly more than that. 

Q. How many were there of those booths? — ^A. Four, if I recollect right. 

Q. Were they attached together consecutively one after another? — ^A. Yes, sir. 

Q. As they were attached together they constitued a row of booths aggre- 
gating how many feet would you say in length? — ^A. I should say about 12 
feet. 

Q. As I understand, when John C. Nichols was receiving and depositing those 
ballots from the voters, that he was alone where he was doing that work, and 
the other inspectors of election were on the other side of those booths? — ^A. Yes, 
sir. 

Q. Did he remain there during the counting of the ballots? — ^A. Yes, sir. 

Q. Until the count was completed or not? — A. The count was completed. 

Q. Was E. G. Pray there that night while the counting was going on? — ^A. A 
very short time. 

Q. Have you any personal knowledge of what disposition was made of the 
ballot boxes in that second ward precinct that night? — ^A. No, sir; I know 
nothing of what was done with them. 

Q. Well, do you know what became of the ballots that were counted there in 
that precinct? 

Mr. Maynard. I will interpose an objection to that; there is nothing in the 
contest warranting imy inquiry along this line, so I will object to it as incom- 
petent and immaterial. 

Mr. Adams. We may want to make an amendment 

Mr. Fellows. Then the amendment should be made now. 

Mr. Adams. If we make any application for an amendment we will put it in 
before you take your testimony. 

Q. Do you know what became of the ballots that were counted there In that 
precinct that night? — A. I saw Mr. Pray take a number of the bundles as they 
were rolled up ; he had them under his arm. 

Q. Was that E. G. Pray?— A. Yes, sir. 

Q. Was he or not the same Pray who was a candidate on the Republican 
ticket for a member of the Legislature of the State of Michigan at that elec- 
tion? — ^A. He was the same man; yes, sir. 

Q. Do you know what he did with them?— A. No ; I do not 

Q. Where did he take them? Where did you see him go when he had them? — 
A. I don't think I saw him leave the booth ; I think as soon as the ballots were 
counted I came out ; and, if I recollect right, Mr. Pray was there yet when I 
left. 

Q. Was Mr. Pray to your knowledge — or personal knowledge — sworn in as a 
member of the board that day, or a clerk of the election, or as any officer that 
had anything to do with the election or counting the ballots? Did you hear 
him sworn in ? — ^A. I did not ; no, sir. 

Q. Where did Mr. Pray live — what ward — on the 5th day of November last? — 
A. I don't know as I can answer that question. 

Cross-examination by Mr. Mayitabd: 

Q. You don't know whether they were used or unused ballots, do you? — ^A. I 
don't Just understand the question. 

Q. I mean whether you could tell — whether you know for certain — whether 
those ballots that you claimed you saw under his arms were those that had 
been voted or was unused ballots? — ^A. I couldn't say for that. 



GABKEY VS. SMITH. 5S 

Q. You didn't notice what It was he had under his arm? — ^A. I know they' 
were rolled right up and strings tied around them; that Is about all I know 
about It. I know, altogether, that he had several rolls In his hands. 

Q. After they were counted? — ^A. Yes, sir. 

Q. Now, these booths were canvas booths? — ^A. Yes, sir. 

Q. How many did you have there In the ward? — ^A. Four, I think. 

Q. Where was this election held?— A. It was held In the basement of the 
courthouse. 

Q. In the basement?— A. Yes, sir. 

Q. It was a very small place, was It not? — ^A. It was not very large. 

Q. These booths were portable booths, made to put together? — ^A. Yes, sir. 

Q. Made out of canvas?— A. Yes, sir. 

Q. So that you could hear everything that was said all around that booth? — 
A. Yes, sir. 

Q. In the lobby was a low celling? — ^A. Quite low, I think. 

Q. And these booths were put In the west end of the lobby? — ^A. Yes, sir. 

Q. For the railing you had ropes surrounding the booth or voting place? — ^A. 
Yes. sir. 

Q. Was there one of the lobbies, or one of the alleys, on the west side of this 
booth? — ^A. Yes, sir; there was a space between the end of the booth and the 
west wall of the room. 

Q. And an alley going around on the north side? — ^A. Yes, sir. 

Q. That wait to the urinal or water-closet north of the booth? — ^A. Yes, sir. 

Q. And a door opened there? — ^A. I think so; yes, sir. 

Q. And an alley or hall leading from that lobby, to the west, to the ofiBlces of 
the drain commissioner? — ^A. Yes, sir. 

Q. On the other side of the booth a hall running to the office of the school 
commissioner? — A. Yes, sir. 

Q. So that this lobby was a sort of a public place, with doors opening there 
all around?— A. Yes, sir. 

Q. During the time you were there, was It true that this booth or voting place 
was surrounded by the general public during all the time — men standing 
around? — A. Quite a good many; yes, sir; at different times. 

Q. About what time was it you saw John 0. Nichols taking the ballots and 
putting them into the ballot box? — A. That was along about the noon hour If 
I recollect right. 

Q. You are not exact about the time, are you? — A. No. 

Q. You don't even know to an hour of the time the polls opened, do you? — 
A. I wouldn't want to say. 

Q. How. did you happen to see John C. Nichols putting those ballots In the 
box? — ^A. Well, sir, I happened to have a seat right near him. 

Q. You had a seat right near him? — ^A. Yes, sir. 

Q. On the north side of the booth? — A. Yes, sir. 

Q. You saw him when he took the ballots? — ^A. Yes, sir. 

Q. When he started in? — ^A. Yes, sir. 

Q. You were right there by him? — ^A. Yes, sir. 

Q. Did you see anyone else around there besides yourself? — A. There were 
different people coming in and standing around. 

Q. On the outside of the rope? — ^A. Yes, sir; a good part of the time. 

Q. When the voters handed the ballots and he went and put them into the 
box, where did they go; how did they get out from the rope inclosure? — 
A. They passed to the southeast comer and went out there ; there was an opt- 
ing there for them to go out — the southeast corner of the voting place. 

Q. Did they have to pass you, or were you to the west? — ^A. I was inside 
part of the time, and when I was inside I was clear to the west side, and when 
I was on the outside I occupied a seat about that way [Indicating] from where 
the gentleman took the tickets. 

Q. Which way from the man who took the tickets? — ^A. A little south and a 
little bit east 

Q. South and east from the one who took the tickets? — ^A. Yes, sir. 

Q. Then, the voters passed by you to go out? — ^A. They passed out inside of 
that rope. 

Q. You had a seat on the outside of the rope? — ^A. Yes, sir; most of the time. 

Q. It was a very small place there, was it not? — ^A. Not very large. 

Q. How much room was there between the rope and the booth? — A. I should 
Imagine about 3 feet, possibly 4. 



54 CARNEY VS. SMITH. 

Q. Did they take down the booth before you counted the ballots? — ^A. No, sir. 

Q. You are positive about that? — ^A. I feel quite positive. 

Q. Did tliey move it out of the way? — ^A. I have no recollection of their mov- 
ing It; no, sir. 

Q. If they took that down before they began counting, you don't now remem- 
ber It? — A. I don't remember of them taking it down; I don't think they. did. 

Q. Where did they begin to count — which side of the booth? — A. On the north 
side. 

Q. Did they have tables there? — ^A. Yes, sir. 

Q. How many of them were there engaged In coimting? — A. I saw Mr. 
Knowles; he did the counting. 

Q. That is, he read the ballots? — A. Yes, sir; Mr. Gouldie and Mr. Preston 
were acting as clerks. 

Q. Mr. Knowles was the alderman from that ward, was he not? — ^A. Yes, sir. 

Q. And when Mr. Hamilton was taken sick and went home Mr. Barber was 
appointed in his place? — ^A. He took his place. 

Q. Do you know how much time elapsed from the time Mr. Hamilton left 
before Mr. Barber took his place? — ^A, No, sir; It was but a very short time; I 
am not sure how long. 

Q. Mr. Barber didn't go there until the noon hour? — A. Yes, sir. 

Q. He was there when you saw Mr. Hamilton taking the tickets? — ^A. No, sir; 
I don't remember of seeing Mr. Barber there before; but I was told that Mr. 
Hamilton was sick 

Q. (Interrupting.) Never mind that. You heard he was sick? — ^A. Yes, sir. 

Q. Who did you hear say that? 

Mr. Adams. I move to strike out what he heard and object to the question as 
calling for hearsay evidence and as Immaterial. 

Q. Who did you hear say he was sick? 

Mr. Adams. The same objection. 

A. I don't know; I couldn't say who I did hear say he was sick. 

Q. You learned, anyway, that he was sick? — A. Yes, sir; I understood he 
went home sick. 

Q. Do you Imow of their sending for Mr. Barber? — ^A. No, sir; I don't know 
who sent for him or anything about It. 

Q. Who told John C. Nichols to take the ballots until they got some one 
there? — ^A. I didn't hear anyone tell him. 

Q. Did you hear anybody say anything about it? — A. No, sir. 

Q. It was not but a few moments before Mr. Barber took his place? — ^A. It 
wasn't but a little while. 

Q. Were you right there by Mr. Nichols all the time he was acting in that 
capacity? — A. Yes, sir. 

Q. You didn't see Mr. Nichols do anything but receive the ballots, put them 
In the box, and call out the names? — ^A. That is all I saw. 

Q. He didn't open any ballots there; you would not have permitted that? — ^A. 
No, sir; I didn't see him open any. 

Q. Now, Mr. Overmyer, in the former part of your direct examination you 
say you saw one have his ballot marked, and that was Elder Ferguson? — ^A. 
Yes, sir. 

Q. That is the only man you saw have his ballot marked by anybody ejse? — 
A. Yes, sir; when I was in the booth there. 

Q. If they asked for instructions or assistance, you don't know whether any- 
body marked their ballots for them, do you, except this one man Elder 
Ferguson? — ^A. I don't know of any others. 

Q. How long had you Imown Elder Ferguson? — A. Well, I have known him 
for, I guess, 20 years. 

Q. How long has he been blind so he could not mark his ballot? — ^A. He was 
not blind, but his eyesight has failed, and he Is quite feeble. 

Q. Did you ever know of his having his ballot marked before? — ^A. I don't 
know. 

Q. Do you know whether Mr. Knowles is acquainted with him? — ^A. I don't 
iknow whether he is or not. 

Q. Were his eyes so aflPected you could notice it by looking at him when he 
was walking on the street? — A. He looked so to me; yes, sir. 

Redirect examination by Mr. Adams : 

Q. I understood you to say that others besides Mr. Ferguson, who applied for 
Instructions that day there, that some of the Inspectors went into the booths 
with those others? — A. Yes, sir. 



OABNEY VS. SMITH. 55 

Q. But you don't know just what occurred In tliere? — ^A. No, sir; I do not. 

Mr. Maynabo. I understand it is the rule that you should exhaust the witness 
unless something new has been called out. It is an improper way to conduct 
the examination of a witness to examine him a little while, then turn him over 
for cross-examination, and then commence on the same topic again. 

Q. Did you notice wtiat was done with any of those ballots that went into 
these rolls that you say Mr. Pray had on his arm there after the counting that 
evening or day? Do you know what had been done with them when they began 
counting there, these ballots that Mr. Pray got? — ^A. The ballots were being 
counted and rolled up. 

Q. Were the ballots or any of them rolled up in the rolls that Mr. Pray got 
there tliat evening, the ballots tliat the officers and clerks of the election had 
been using there in making the count of the vote of the election that day? 

Mr. Maynabd. The witness has been asked that question twice, and he stated 
both times that he didn't know whether they were ballots that had been u^:ed 
or were unused ballots. I object to it as leading and suggestive. 

Mr. Adams. I think you are mistaken about that. We will ask him again. 

A. It Is pretty hard for me to tell what was on the inside of the papers 
when rolled up with the unprinted side outside. If they were not ballots that 
had Just been counted, why, then, I don*t know anything about what went on 
there that day. I am positive they were, but, as a matter of course, I can not 
read through a stone wall or nothing of the kind. 

Q. Those ballots that Mr. Pray picked up, or got, rather, that were in the 
rolls he got that you have spoken of, where did those ballots come from when 
they were put into those rolls, did you notice? — ^A. They were laying there 
as counted; they were rolled right up and strings tied around them. I helped 
tie some of the strings around ; so did Mr. Nichols. 

Q. Those were tied up, those that were on the table where you helpe<l tie 
up some — were those the ballots that had been voted there that day? — A. I am 
satisfied in my own mind they were; but, just as I said awhile ago, I couldn't 
read them after they were folded and the i)rinting on the inside. 

Q. Did you see any ballots brought on that table before those were counted 
up from any other place in the voting precinct there that day? — A. No, sir; I 
did not. 

Recross-examination by Mr. Maynabd: 

Q. Did you see any ballots put in the ballot boxes? — A. Yes, sir. 

Q. You saw the ballots sealed after they got through counting? — A. I didn't 
see them sealed;, no, sir; I didn't notice. 

Q. You left before they were sealed? — ^A. No, sir; I presume not; I pre- 
sume it was sealed ; but when you come to Siiy I saw it, I did not. 

Q. You could not tell what the ballots were from the papers you saw on his 
firm? — ^A. You have my statement. 

Q. You said you could not; I supiwse tliat was right? — (No answer.) 

Q. Now. Witness, you don't know but what the ballots that were counted 
were folded and put in the ballot box and the ballot box sealed with them 
in it, do you? — A. I didn't see anything of that kind done. 

Q. You' don't know but what it was done? — A. No, sir; I don't know but 
what it was done. 

Q. I will ask you how many men you saw there asking for Instructions as 
to their ballots? — A. I didn't keep any count. 

Q. Can you name any other besides Mr. Ferguson? — A. No, .sir; I can't 
tell the names of any others. My observation of that matter was taken by 
the number of people I ssiw In the booth. 

Q. You don't know what was sjild at all? — A. No, sir. 

Q. You saw some feet imder there? — A. They went in for Instructions; I 
don't know who they were; If I knew at the time I don't remember now. 

Q. You don't know that anyone asked any ix^rson at the l)ooth to mark 
their ballot for them, except Mr. Fergm^on? — A. No, sir; I do not. 

Redirect examination by Mr. Adams : 

Q. Were there others who asked for instructions as to how to mark their 
ballots besides Mr. Ferguson that day? — A. I couldn't say that I heard them. 

Q. Did you hear them ask — others besides him? — A. No. sir. 

Q. Besides Eflder Ferguson ask for any Instructions that day? — A. He was the 
only one I heard ask. 



56 CAKNEY VS. SMITH. 

Q. Well, did you see, If you did not hear, anyone ask for Instructions; did 
you see the inspector in the booth there that day with any other voters besides 
Elder Ferguson? — Yes, sir. 

Q. How many different ones, besides Elder Ferguson, do you recall that the 
Inspector went into the booth with them that day — your best recollection? — 
A. I should say half a dozen or such a matter, in my judgment. 

Q. Did you hear what was said, if anything was said, or any talk was had 
with those others than Mr. Ferguson when the Inspector was In the booth? — 
A. No, sir. 

Q. You didn't hear the conversation? — A. No, sir. 

MYRON HAWKINS, being by me first duly sworn to testify to the truth, the 
whole truth, and nothing but the truth, testified as follows : 

Direct examination by Mr. Adams: 

Q. Mr. Hawkins, where do you reside? — ^A. In Charlotte. 

Q. I think you have lived here sometime? — A. Yes, sir; 12 or 13 years. 

Q. Continuously? — ^A. Yes, sir. 

Q. Your age? — ^A. I am 45. 

Q. Were you or not a member of the board of county canvassers of Eaton 
County following the November 5, 1912. election, and of the votes cast at that 
election? — ^A. I was appointed a member of the board — a special member for 
that election owing to the illness of one of the regular members. 

Q. Did you become a member of that board when the board convened? — 
A. Yes, sir. 

Q. Did you assist in the beginning of its work and remain a member of the 
board of canvassers until the work of the board was completed? — A. Yes, sir. 

Q. Where did the board meet? — A. In the coimty clerk's office. 

Q. In the courthouse In Charlotte? — A. Ye8» sir. 

Q. Who were the members of the board besides yourself? — A. James H. 
Brown, chairman, and George Little. I think his middle name is H. 

Q. Who acted as clerk of the board? — A. The county clerk. 

Q. John C. Nichols?— A. Yes. sir. 

Q. Had you been acquainted with John C. Nichols before that election or 
not? — A. Yes, sir; for some time. 

Q. Was that John C. Nichols, or not, the same John C. Nichols who was a 
candidate for circuit court commissioner on the Republican ticket In this county 
at that November 5, 1912. election? — A. He was the same one. 

Q. How long did that board of canvassers remain In session? — ^A. I think 
three days. 

Q. Do you recollect on what date it convened? — A. Yes, sir; I think on 
Tuesday at 1 o'clock. 

Q. Of what month? — ^A. November; the date I am not positive of. 

Q. How were the returns from the various precincts In the county presented 
to the board of canvassers? In what shai^ were they In when presented? — 
A. Well 

Q. (Interrupting.) Were they contained in anything? — A. I think they were 
contained in the original envelopes in which they came; that is my Impression, 
although I am not sure about that. 

Q. Who brought the returns from the various precincts In the county of 
Eaton before your board of canvassers? — A. I think the original returns were 
on the table In the Inner room of the county clerk's office when we went in, 
that Is my impression: if not there they were brought quickly afterwards, by 
whom I could not say. 

Q. Were or were not those returns that were on the table when your board 
convened — were the envelopes containing those returns unsealed or sealed? — 
A. Those were all unsealed. 

Q. Unsealed? — A. Yes, sir. 

Q. Did you examine them? — ^A. We did not use those In making the canvass 
because of the fact that they were addressed to the county clerk and we knew 
they had been oi)ened and the returns made from them and placed In a book. 

Q. What book? — A. In the statement of the vote. 

Q. You mean the report you finally made? — ^A. I think that report you have 
In your hand, or similar to that. 

Q. I will show you Exhibit 6, for Identification only, and ask you whether 
that Is the canvass and determination made by your board of canvassers of the 
election referred to?— A. Yes, sir; I think It Is; It appears to be. 



«« 



CABNET VS. SMITH. 57 

Q. Is that your signature appended there?— A. Yes, sir. 

Q. After examining it, what do you say whether it Is or not?— A. Yes, sir; 
that is the canvass our board made. 

Q. In whose handwriting are the names of the townships and election dis- 
tricts, if you know, and the figures and the respective officers at the head of 
the columns under which the figures appear? Whose handwriting, if you know, 
is that? — ^A. I couldn't tell you whose handwriting it Is. 

Q. When your board convened were any of those names — the townships, elec- 
tion districts, and the names of the candidates for the respective offices, as con- 
tained in that exhibit— written in the book?— A. I think the names of the offi- 
cers voted for were, but I would not want to say the townships were, but my 
Impression is they were. 

Q. In referring to page 12 of Exhibit 6 Just shown you, under the heading, 

Representative in Congress," will you state whether when your board of 
canvassers convened the figures that appear under the names of John M. G. 
Smith, Claude S. Carney, Levant L. Rogers, and Edward N. Dingley were in 
that book when you convened, on that page? — ^A. Yes, sir. 

Q. State whether at the time you convened the totals were here opposite 
the figures under the names I have just read, under the head, " Representative 
in Congress," were contained in that book or not? — A. I think they were. 

Q. The envelopes which you stated were on the table in the clerk's office 
when your board convened, how were those containing these election returns — 
to whom were those envelopes addressed ? — ^A. To the county clerk. 

Q. Were those envelopes, when your board first met to canvass the votes in 
the precincts of the county, all open — seals broken? — A. I think they were, 
yes, sir. 

Q. Now, did your board of county canvassers examine any of the returns of 
the several election boards of the votes that were cast in those several pre- 
cincts in this county at the November 5, 1912, election? — ^A. Yes, sir. 

Q. What returns did the board of canvassers examine in making your can- 
▼ass? — ^A. We examined the duplicate retums that went to the judge of probate. 

Q. Those duplicate retums, as you call them, were they or not before your 
board for examination? — A. Well, we asked for them as quick ns the board 
convened. 

Q. Were they delivered to the board? — A. Yes, sir; we got them from the 
vault, Mr. Brown and myself. 

Q. What vault? — A. The vault of the judge of probate. 

Q. Were those retums contained in anything? — A. Yes, sir; in the original 
envelopes in which they were addressed to the judge of probate. 

Q. They were contained in the envelopes addressed, to the judge of probate— 
oddressed to the board of county canvassers, care of the judge of probate or 
the probate register at Charlotte, Mich.? — A. Yes, sir. 

Q. Were those envelopes, which you say you obtained from the office of the 
judge of probate, all sealed when you got them from that office or not all 
sealed? — A. Well, I am not sure they were all Fiealed: I would not want to say 
they were not or that they were. It is my impression that tlioy might not have 
been all sealed. 

Mr. Maynard. I move that the answer go out. He says he does not know. 

Q. What Is your best recollection about It? — A. Well, we had a discussion 
with reference to whether one or two of them were broken open or not by the 
board. 

Q. For the purpose of refreshing your recollection. Is it not a fact that when 
the retums from the election precincts of this county of Eaton were obtained by 
your board of canvassers from the office of the judge of probate, that there 
were from five to seven of those envelopes containing returns — election re- 
turns — on which the seals on the envelopes were entirely broken? — A. I don't 
think there were as many as that 

Q. How many were there? — A. Well, I don't like to try to answer that ques- 
tion definitely. 

Q. Your best recollection. — ^A. I am not sure 

Mr. Feli>ow8. He has already testified that he can not say whether any were 
broken or not He said he could not testify whether any were broken or not. 

Q. Can you give us your recollection how many were broken, if you have a 
recollection of any of them being broken? — A. I don't remember how many 
there were. 

Q. W^ere any of them broken? — A. I think there were perhaps a few of them 
that were, but I am not sure about that. I would like to explain in reference 
to that When we carried them In another member of the board opened the 



58 CABNEY VS. SMITH. 

retunis. and I have n remembrance that on one or two occasions lie 
to the fact that they were apparently broken in the malL 

Q. I suppose you examined the envelopes, did you, or didn*t you? — ^A. We 
examined them together. 

Q. As a membor of tbe board, did you examine the returns you had received 
from the office of the Judge of probate — examine the envelopes containing those 
returns? — A. We did as we came to them. We used the returns of each town- 
ship to check against the vote. 

Q. Did you have to take them out of the envelopes to do that? — A. Yes, slr^ 

Q. In taking them out of the envelopes, as a member of that board, did you 
examine those envelopes yourself personally? — ^A. No; I couldn't say that I did. 

Q. Who did oi)en them? — A. Mr. Brown, the chairman of the board. 

Q. I have had six of these envelopes marked by the commissioner, beginning 
with Exhibit 7 and ending with Exhibit 12 ; all of them, each one of them, are 
addressed to the board of county canvassers, care the probate judge or register 
of probate at Charlotte, Mich. Will you examine those; then I will ask you to 
state whether you did or did not examine those particular envelopes at any 
time while your board of county canvassers were convened? — A. We examined 
all of the returns that were delivered to us by the judge of probate. 

Q. I call your attention to Exhibit 7. Did you notice wh^i that envelope 
came to your board of canvassers it had indorsed on it, *' Received in bad con- 
dition at Charlotte, Mich.*'?— A. Yes, sir. 

Q. I call your attention to Exhibit 8 and ask you whether when your board 
was in session you did or did not i)ersonally observe that there was this in- 
dorsement on Exhibit 8: "Received in bad condition at Charlotte, Mich."? — A. 
Mr. Brown calle<l our attention to that — they were brought in as quick as he 
picked them up — indorsement on the envelope. 

Q. I call your attention now to Exhibit 9, which purports to be the returns 
from Bellevue Township, Eaton County, addressed to the '* county board of 
canvassers, care judge of probate." Did you notice when that envelope came in 
before your board of county canvassers it had Indorsed on the back of it, 
*' Rweiveil imsealed by carrier No. 4, Hall"? — A. Yes, sir. 

Q. Did you notice that indorsement was on that when that particular en- 
velojw came before your board? — A. I noticed it at the time, and the matter 
was discussetl by the board during our session; I don't know whether liu- 
niediately when it was re<*eived or whether it was later. 

Q. I call your attention to Exhibit 10, which purports to be the returns from 
the township of Eaton Rapids, Eaton County. Did you notice when that return 
came before your board of amvassers that it had indorsed upon it, " Received 
unseale<l at Charlotte, Mich.*'? — A. I don't remember that; no, sir. 
• Q. I call your attention to Exhibit 11, purporting to be the returns from the 
township of \'erniontville, Eaton County, and ask you whether when that en- 
velope came before the board of canvassers, whether you did or did not notice 
Indorsed ui)on the back of that these words, " Received unsealed by carrier No. 
4, Hall"? — A. That matter was discussed by our board at the time they 
came in. 

Q. 1 call your attention to the returns from the townsliip of Windsor, Eaton 
County, Exhibit 12. State whether you noticed personally at the time that 
return came before your board of canvassers whether there was an indorse- 
ment on it as follows: "Received unsealed at Charlotte"? — A. I don't remem- 
ber of noticing that. 

Q. The indorsements that I have called your attention to, as to the condition 
of the sealing, on Exhibits 7. S. 10, and 12, are Indorsed on those resi>ective 
exhibits by means of a stamp, are they not? — A. Yes, sir. 

Q. Evidently a rubber or metal stamp? — ^A. Yes, sir. 

Q. And on Exhibits 9 and 11 the Indorsements of the unsealing are written 
on in ink'? — ^.V. Yes, sir. 

Q. On the back of the two exhibits? — A. Yes, sir. 

Q. The sealing on the back of these exhibits in each instance, those I have 
referred to. are sealing wax and the stamp or impression made in the wax so 
It is readable wherever the sealing wax is sufiiciently preserved? — A. Yes. sir. 

Q. That was right over the folder that closed the envelope containing the 
returns*^ — A. Yes, sir. 

Q. So If those seals had been unbroktni when they came to your board, 
without in some way cutting or tearing the envelope the returns could not have 
been seen? — A. No, sir. 

Q. Don't you know that each one of those that I have called your attention 
to were, as a matter of fact, unsealed when they were presented to your board 



CABNEY VS. SMITH. 59 

of county canvassers? — ^A. Well, I should presume that they were; that would 
indicate that they were. 

Q. You noticed that some of the seals had been broken before your board, 
did you? — ^A. Yes, sir; the chairman called our attention to it. 

Q. Did ycMi or not notice any member of your board brea Icing any of the 
seals of some of tlie eovetopes? — A. I think I broke some of the seals myself, 
probably not more than one or two ; Mr. Brown was called out for — and I did 
that while he was out 

Q. Having called your attention to these Exhibits 7 to 12, inclusive, I ask 
you now whether your best recollection is not that each one of those exhibits 
had its seal on the envelope broken when they came into the possession of your 
board of county canvassers when you met first? — A. I think probably they 
were; yes, sir. 

Q. Did you have, when your board met there, the returns from every precinct 
in the county of Eaton — obtained, I mean, from the Judge of probate's office? — 
A. I think not. 

Q. What precinct did you fail to receive an envelope and election returns 
from in those you got from the judge of probate's office? — A. I couldn't tell 
you now. 

Q. Do you recollect — for the purpose of refreshing your recollection I sug- 
gest it — that it was from the township of Carmel that there was no return 
among those received from the office of the judge of probate? — ^A. No, sir; I 
don't recall what township it was that was missing. When we came to one 
certain town on the statement blank you have before you we looked for the 
returns from that township and we didn't have them. 

Q. Did you make any further effort than you originally made in getting the 
returns for finding the missing returns? What further did you do to find out? — 
A. Mr. Brown and I went back to the Judge of probate's office and called his 
attention to the fact that the returns from that township were missing. 

Q. What township? — ^A. From that township we missed. 

Q. What township? — A. The one we were looking for — I couldn't tell yon 
what township. We called his attention to the fact that It was missing, and 
he assured us that the returns had been placed by himself in the vault, and 
we looked in the vault again to see whether we had overlooked it, but it was not 
there. 

Q. Did you find that return in the custody of the Judge of probate at any 
time while your board was in session? — A. No, sir; we did not. 

Q. You then determined your canvass and«made your report without having 
received from the Judge of probate the returns from some one precinct In the 
county of Eaton? — A. Yes, sir. 

Q. In getting at the canvass of the vote in that particular precinct what did 
you make the canvass from? — ^A. We had to use the canvass from the county 
clerk ; we had nothing else to go by. 

Q. That was open when it came into the hands of your board? — A. Yes, sir. 

Q. Did you have any sealed returns from the second ward In the city of 
Grand Ledge, Mich., the township of Eaton Kapids, the township of Windsor, 
the township of Bellevue, the township of Vermontvllle, and the first ward in 
the city of Grand I.edge, Mich., that you received from the office of the Judge 
of probate or from the office of the county clerk from which to make your 
canvass of those precincts I have just mentioned? — A. I would not want to 
say that we did. 

Q. What do you say as to whether you did or did not? — A. Evldentlv we 
did not. 

Mr. Adams. I will offer in evidence from page 12 of Exhibit 6 the names of 
the candidates, the first heading being this: " Statement of votes given at the 
general election held Tuesday, November 5, 1912." Under that heading, " Rep- 
resentative in Congress." Under the heading " Representative in Congress " 
iB "John M. O. Smith, Claude S. Carney, Levant L. Rogers, Edwin N. Dlngley." 
Under the heading, over to the left-hand side of page 11, under the heading 
** Names of township and election districts " : 

BELLEVTJE. 

Under the name of Jolm M. C. Smith 246 

Under the name of Claude S. Carney 155 

Under the name of Levant L. Rogers 2 

Under the name of Edwin N. Dlngley 45 

Total 448 



60 CABNEY VS. SMITH. 

BKNTON. 

Under the name of John M. C. Smith 158 

Under the name of Claude S. Carney 102 

Under the name of Levant L. BogerB ^ 4 

Under the name of Edwin N. Dingley 27 

Total 291 

BBOOKFIELD. 

Under the name of John M. C. Smith 87 

Under the name of Claude S. Carney 96 

Under the name of Levant L. Rogers 

Under the name of Edwin N. Dingley 41 

Total 230 

CABM EI/-BBOOKFIELD. 

Under the name of John M. C .Smith 137 

Under the name of Claude S. Carney 82 

Under the name of Levant L. Rogers 

Under the name of Edwin N. Dingley 16 

Total 235 

GHESTEB. 

Under the name of John M. C. Smith 109 

Under the name of Claude S. Carney 93 

Under the name of Levant L. Rogers 

Under the name of Edwin N. Dingley 44 

Total 246 

DELTA. 

• 

Under the name of John M. C. Smith 110 

Under the name of Claude S. Carney 95 

Under the name of Levant L. Rogers 4 

Under the name of Edwin N. Dingley 68 

Total ^ 277 

EATON. 

Under the name of John M. C. Smith 139 

Under the name of Claude S. Carney 43 

Under the name of Levant L. Rogers 

Under the name of Edwin N. Dingley 40 

Total 222 

EATON BAPIDS TOWNSHIP. 

Under the name of John M. C. Smith 98 

Under the name of Claude S. Carney 75 

Under the name of Levant L. Rogers 4 

Under the name of Edwin N. Dingley 50 

Total 227 

HAMLIN TOWNSHIP. 

Under the name of John M. C. Smith 87 

Under the name of Claude S. Carney 77 

Under the name of Levant L. Rogers 2 

Under the name of Edwin N. Dingley 67 

Total 233 



OABNEY VS. SMITH. 61 

KALAMO TOWNSHIP. 

Under the name of John M. C. Smith 116 

Under the name of Claude S. Carney 108 

Under the name of Levant L. Rogers 2 

Under the name of Edwin N. Dingley 58 

Total 278 

ONEIDA TOWNSHIP. 

Under the name of John M. C. Smith 69 

Under the name of Claude S. Carney 94 

Under the name of Levant L. Rogers 8 

Under the name of Edwin N. Dingley 43 

Total ^ 214 

BOXAND TOWNSHIP. 

Under the name of John M C. Smith ^_ 169 

Under the name of Claude S. Carney 61 

Under the name of Levant L. Rogers 

Under the name of Edwin N. Dingley 70 

Total — 300 

SUNFIELD TOWNSHIP. 

Under the name of John M. C. Smith 174 

Under the name of Claude S. Carney 104 

Under the name of Levant L. Rogers 1 

Under the name of Edwin N. Dingley 66 

Total 345 

VEBUONTVnXE TOWNSHIP. 

Under the name of John M. C. Smith 110 

Under the name of Claude S. Carney 140 

Under the name of Levant L. Rogers 2 

Under the name of Edwin K Dingley 136, 

Total 388 

WALTON TOWNSHIP. 

Under the name of John M. C. Smith 139 

Under the name of Claude S. Carney 135 

Under the name of Levant L. Rogers 3 

Under the name of Edwin N. Dingley 86 

Total 363 

WINDSOB TOWNSHIP. 

Under the name of John M. C. Smith 174 

Under the name of Claude S. Carney 92 

Under the name of Levant L. Rogers 3 

Under the name of Edwin N. Dingley 76 

Total 344 

OHABLOTTE, FIRST WARD. 

Under the name of John M. C. Smith 71 

Under the name of Claude S. Carney 65 

Under the name of Levant L. Rogers . 7 

Under the name of Edwin N. Dingley 18 

Total 1^1 



62 OABNEY VS. SMITH. 

SECOND WABD, CITY OF CHARLOTTE. 

Under the name of John M. C. Smith 161 

Under the name of Claude S. Carney 107 

Under the name of Levant L. Rogers 10 

Under the name of Edwin N. Dlngley i>» 22 

Total 300 

THIBD WARD, CITY OF CHARLOTTE. 

Under the name of John M. C. Smith , 214 

Under the name of Claude S. Carney 116 

Under the name of Levant L. Rogers 2 

Under the name of Edwin N. Dlngley 31 

Total 363 

FOURTH WARD, CITY OP CHARLOTTE. 

Under the name of John M. C. Smith 229 

Under the name of Claude S. Carney 140 

Under the name of Levant L. Rogers 3 

Under the name of Edwin N. Dlngley 47 

Total 419 

FIRST WARD, EATON RAPIDS. 

Under the name of John M. C. Smith 119 

Under the name of Claude S. Carney 63 

Under the name of Levant L. Rogers : 3 

Under the name of Edwin N. Dlngley 44 

Total-, 229 

SECOND WARD, EATON RAPIDS. 

Under the name of John M. C. Smith 99 

Under the name of Claude S. Carney . 45 

Under the name of Levant L. Rogers 2 

Under the name of Edwin N. Dingley 30 

Total 182 

THIRD WARD, EATON RAPIDS. 

Under the name of John M. C. Smith 81 

Under the name of Claude S. Carney 70 

Under the name of Levant L. Rogers 5 

Under the name of Edwin N. Dingley 49 

Total 205 

FIRST WARD, GRAND LEDGE. 

Under the name of John M. C. Smith 142 

Under the name of Claude S. Carney - 141 

Under the name of Levant L. Rogers Z^^ 10 

Under the name of Edwin N. Dingley 128 

Total 421 

SECOND WARD, GRAND LEDGE. 

Under the name of John M. C. Smith 65 

Under the name of Claude S. Carney 91 

Under the name of Levant L. Rogers 11 

Tender the name of Edwin N. Dlngley 103 

Total 270 



CABNET VS. SMITH. 68 

Mr. Adams. I offer In evidence, as contained on imge 27 of Exhibit 6, the 
following : " Statement of votes given at the general election held Tuesday, 
November 5, 1012." The whole number of votes given for the office of Repre- 
sentative in Congress was 7,191. They were given for the following-named 
persons : 

John M. C. Smith received 3,302 

Claude S. Carney received 2,390 

I^evant L. Rogers received 94 

Kdwin N. Dingley received 1^405 

Total 7, 191 

Cross-examination by Mr. Fellows: 

Q. When you came up here you found that the returns in the clerk's office 
had been opened and the vote had been tabulated in this book which is marked 
"Exhibit 6"?— A. Yes, sir. 

Q. Those returns were on the table in one of the rooms of the clerk's office? — 
A. Yes, sir. 

Q. You and the other meml>ers of the board of county canvassers then went 
to the vault of the judge of probate, and from that you got the returns ad- 
dressed to your board? — A. Yes, sir. 

Q. That had been sent in tlie care of the Judge of probate or the register? — A. 
Yes, sir. 

Q. You opened those and went over and checked up with this tabulation? — A. 
Yes, sir. 

Q. And you found in each and every instance that the tabulation was cor- 
rect? — A. Well, that is hardly right as to all of them. 

Q. If there were errors, you made the corrections yourself? — A. Yes, sir. 

Q. Now, these envelopes that were sent to your board the wax on the back 
of them is brittle wax? — ^A. I presume it is. 

Q. You examined it so as to be able to say definitely? — ^A. Yes, sir; it la 

Q. In the seals or under the sealing wax you can see that the election seal 
of the various precincts has been impressed in this wax when hot? — A. Yes, sir. 

Q. And that wax has dropped down over the flap of the envelope? — ^A. Yes, 
sir. 

Q. And then the election seal put on them while hot and left to cool after- 
wards? — ^A. Yes, sir. 

Q. After It cooled it became brittle? — ^A. I presume that is so. 

Q. By an examination you would say that is so, wouldn't you ? — ^A. Yes, sir. 

Q. In the matter of these precincts where you found that they had been 
received at the judge's office or the post office here in bad condition, you found 
no discrepancy in any of those from the returns already on hand? — A. I don't 
recall any. 

Q. You found no apparent alteration or erasure in any of those where the 
seals were broken? — ^A. No, sir. 

Q. Who were the members of your board? — A. James H. Brown, George 
Ijttle. and the county clerk, I believe, was secretars*. 

Q. The county clerk is a member of the board and is secretary? — ^A. Yes, air. 

Q. To what party did Mr. Brown belong? — ^A. He is a Republican, I think. 

Q. To what party does Little belong? — A. I couldn't answer that question. 

Q. You are a Democrat? — A. Yes, sir; supposed to be. 

Q. Isn't it your recollection that Little is a Democrat? — A. I have been told 
he was. 

Mr. Adams. I move that answer be stricken out as hearsay. 

Q. Your understanding was that it w^as a Democratic board? 

Mr. Adams. I object to what he understood as incompetent, irrelevant, and 
inmiaterial. 

Q. Answer the question. — A. I have been told it was Democratic. 

Q. Was it not your understanding that Mr. Little was a Democrat? Is there 
any question in your mind about his being a Democrat?— A. No, sir; I don't 
know as there is. 

Q. There is no question in your mind about your being a Democrat?— A. No, 
sir. 

Q. There is no question in your mind about the board being Democratic? — 
A. Supposed to be. 

Mr. Adams. I object to that as incompetent, irrelevant, and immaterial and 
calling for a conclusion. 



64 CARNEY VS. SMITH. 

Q. Now, did you see anybody appear before that board in behalf of Mr. 
Carney and protest the counting of the ballots? — ^A. Yes, sir. 

Q. Who appeared there? — ^A. Samuel Robinson. 

Q. Did Mr. Carney himself appear? — ^A. Yes, sir. 

Q. They protested against the counting of this vote? — ^A. Yes, sir. 

Q. Your board held adversely to them? — A. Yes, sir. 

Q. Now, I win ask you. Mr. Hawkins, to give us — ^you can find it much easier 
than I can — the total vote received by the various candidates on the Democratic 
ticket in the county, commencing with the electors. 

Mr. Adams. I object to that as incompetent, irrelevant, and immaterial. 

Q'. The total vote in the county on the Democratic electors first. — ^A. The 
Democratic electors, the first one was Andrew J. Lavalle; he received 2,481; 
that is about the average all the way through. 

Q. There Is no material difference on the electors? — A. No, sir. 

Q. Now turn to the State ticket ; the governor is first. Before you read the 
vote on governor I will ask you this: The Democratic candidate for governor 
ran considerably ahead of his ticket in this county and all over? 

Mr. Adams. I object to that as Incompetent, irrelevant, and immaterial and 
the conclusion of the witness. The figures show for themselves how he ran in 
this county, and outside of this county it is irrelevant and Immaterial and In- 
competent. 

(Ijast question read.) 

A. He ran ahead in this county. 

Q. Don't you know that he did all over? 

Mr. Adams. I object to that as Incompetent, Irrelevant, and immaterial; it is 
hearsay and a conclusion. 

(Last question read.) 

A. I guess that is current knowledge. 

Q. He was elected by something like 24,000 on the State ticket and the balance 
of the State ticket was something like 30,000 behind the Republicans ; isn't that 
correct? 

Mr. Adams. I object to that as irrelevant and Immaterial, calling for the 
conclusion of the witness, hearsay, and not the best evidence. 

A. I am not sure about the figures. 

Q. That Is substantially correct? 

Mr. Adams. The same objection as to the last question. 

A. I presume they were. 

Q. Give me the vote on governor. — A. The vote for Ferris was 3,253. 

Q. What was the vote for the Democratic candidate for lieutenant governor 
in Eaton County?— A. It was 2,632. 

Q. The Democratic candidate for secretary of state? — ^A. 2,546. 

Q. The Democratic candidate for State treasurer? — A. 2,557. 

Q. The Democratic candidate for auditor general? — ^A. 2,528. 

Q. And the attorney general? — A. 2,531. 

Q. The land commissioner? — ^A. 2,542. 

Q. The two Democratic candidates for justices of the supreme court? — ^A. Per- 
sons, 2,543, and Yaple, 2,571. 

Q. Now give me the Congressman at Large. — A. 2,511. 

Q. Give me the Senator, I think is next. — A. Representative in Congress. 

Q. Give me that again : I think we have had it once. — A. 2,390. 

Q. Give the Senator.— A. Kelly, 2,513. 

Q. Now the member of the legislature. — ^A. 2,550. 

Q. Now. if you will turn to the county ticket. — ^A. 2,597 

Q. That was for sheriff? — A. No; the judge of probate first. 

Q. The next? — ^A. The sheriff, 2,831 ; the county clerk, 2,573 ; county treasurer, 
2,586 ; the register of deeds, 2,719 ; the prosecuting attorney, 2,838 ; and the cir- 
cuit court commissioners, 2.874. 

Q. Now the coroner? — A. 2.630 one of them got and the other 2,646. 

Q. The surveyor? — A. 2,654. 

Q. Did you elect a drain commissioner? — A. Yes, sir; 3,193. 

Q. Have you it handy so you can turn to the vote in Sunfield Township, all 
those you have given me before, taking the first elector? — ^A. The first Demo- 
cratic elector in Sunfield was 105. 

Q. Is that a fair average of all of them? — A. Yes; they were all alike. 

Q. Now the governor? — A. 137. 

Q. Lieutenant governor? — A. 108. 

Q. Secretary of state?— A. 105. 



CARNEY VS. SMITH. 66 

Q. State tre-isurer?— A. 109. 

Q. Auditor general?— A. 104. 

Q. The attorney general? — A. 105. 

Q. The land conmiisRioner? — ^A. 106. 

Q. Justices of the supreme court? — A. 106 for Persons and Ynple 107. 

Q. Congressman at I^nrge? — A. 106. 

Q. Representative in Congress? — A. Carney, 104. 

Q. The Demomitic candidate for senator, Kelly? — A. 109. 

Q. Member of the bouse? — A 104. 

Q. Now turn to the county ticket for the Democratic candidates? — A. 104 
for judge of probate, 115 for sheriff, 109 for county clerk, 113 for county treas- 
urer, 115 for register of deeds, 110 for prosecuting attorney, 118 for circuit court 
commissioner; for coroner, 1(>S for one and 109 for the other. 

Q. Suneyor?— A. 113. 

Q. How about the drain commissioner? — A. 79. 

Q. I show you Exhibit 8, an envelope addressed to the board of county can- 
vassers, care the judge of probate or register of probate, purporting to contain 
the returns from the first ward of the city of Grand TiCdge. Was there any 
mucilage on the flap? — A. No. sir. . 

Q. Will you examine those other exhibits shown you by Judge Adams and 
see if there is any mucilage on the flaps of any of them? — A. No, sir ; no mucilage 
on any of them. 

Q. The only method of fastening any of them is with sealing wax? — A. Tbat 
is all. 

Q. Do you know whether the Republican candidate for drain commissioneT 
lived in Snnfleld Township? — A. I think he did; yes, sir. 

Redirect examination by Mr. Adams : 

Q. At the November 5, 1912, election there were only two tickets fn the field 
in the county of Eaton — Republican and Democratic — on the county ticket? — 
A Yes, sir. 

O. Tn the State outside of the coimty — Representatives in Congress at Large 
and Representatives — ^there were four tickets? — A. Yes, sir. 

Q. Also on the other State officers and electors? — A. Yes, sir. 

Q. As shown by your canvass — Exhibit 6, your attention is directed — how 
many tickets were there in the field, as shown by that exhibit, on county 
officers in the county of Eaton at the November 5, 1912, election? There were 
two tickets as shown by your oanvass In the county of E2aton on county 
officers? — ^A. That is all. 

Q. It is shown by your canvass, as made and filed by the board of which yon 
were a member, on all officers from and Including Representatives in Conajress, 
State officers, and the electors for President. There were how many candidates 
on the ticket in this county at that election? — A. Four. 

Q. I want to get now, if you will read into the record, the total vote In the 
county of Eaton for the Republican electors, commencing with governor, the 
total vote In the county of Eaton. — ^A. William J. Livingston, Republican 
elector, 2,335. 

Q. The governor next — the Republican candidate for governor? — ^A. Amos 
Mussel man, 2.462. 

Q. Lieut, Gov. Ross?— A. 2,742. 

Q. Secretary of state? — ^A. 2,801 for Martindale. 

Q. State treasurer? — ^A. 2,762; auditor general. Fuller, 2,783; Grant Fellows, 
attorney general. 2,797; State land office commissioner, 2,771: justice of the 
supreme conrt, Steere, 2,781; justice of the supreme court, Kuhn, 2,792; Con- 
gressman at large, Kelly, 2,891; Representative in Congress, Smith, 3,302; 
State senator, William Ij. Smith, 2,860; representative. State legislature, E. G. 
Pray, 3,117. 

Recross-examination by Mr. Fellows: 

Q. Give me the count, commencing with judge of probate. — ^A. Judge of pro- 
bate. 3.853; sheriff, 3,802; county clerk, 3.570; county treasurer, 3,678; register 
of deeds, 3,591; prosecuting attorney, 3,543; one circuit court commissioner, 
3.400, and the other commissioner, 3.467; coroner, 3,521 and 8,438; coimty sur- 
veyor, 3,523; drain commissioner, 3,187. 

286—13 5 



66 CABNEY VS. SMITH. 

Kodirect exjuniiiatioii by Mr. Adaais: 

Q. ^i>u \vt*re askeil wliotlior (hore wus i^iiy iniici- :^t' sJiuwint^ on tlieso ex- 
hibits, thi'se retiiMis to llie jiulj^e of luobaio. I Ciill your attoiiLion to Kxhi]>it 11 
and ask you to Ht:ite whothei* the llap on lli:it ouvoio|H» does not indicate that 
some of the sealing wax was under the tia}) itseltv — A. Ves» sir; it does. 

Q. So there was that much siKice to hold that flap down and make it stick 
to the main part of the enveh;pe, is that rij;ht? — A. Yes, sir. 

Q. In addition to that there was a conciidernble quantity of sealing wax put 
over the flap on that particular exhibit? — A. Yos, sir. 

Q. I call your attention to Exhibit 32 and ask you if there is not a con- 
siderable sealing wax smeared under the tlap of that, holding it down and 
sticking it to the main part of the envelope V — A. Yes. sir; clear across. 

Q. In addition to that the sealing wax was put right over the tiap ou to 
the envelope or seam of that exhibit? — A. Yes, sir. 

. Q. Take Exhibit 10; there is some sealing wax also under the flap itself, 
isn't there? — A. Yes, sir. 

Q. There is some sealing wax under the flap on Exhibit 7, isii*t there, under 
the bottom edge of the flap itself? — A. Yes, sir. 

Q. There is some sealing wax under the flap itstlf on Exhibit 8, isn't there? — 
A. Yes. sir; a little. 

Q. Now, you have had some experience with sealing wax? — A. Yes, sir. 

Q. You know that the express companies use sealing wax a great deal in 
sealing packages that they transmit in business, don't youV — A. 1 believe tliey do. 

Q. Now, from an examination of that sealing wax conipareil with what you 
have Steu ou packages going through the huge express companies, what do 
you f-ay as to how that sealing wax compares? 

Mr. Maynard. We object to that as iuconipet.Mit a nil linni;it.erij«l. 

Q. If you can tell from an examination of it? In (»ther words, the stniliug 
wax is more or less brittle that you have had anything Lo do witii? — A. Yes, sir. 

Q. 'iliis Exhibit S) has two seals over the 11;. p, hasn't it? — A. Yes, sir. 

Q. I iKin which the stamp was in.^eited l>efoie ilie wax coohsl? -A. Yes. sir. 

Q. Kxhibit 12 has four seals over the tl:ii>, hasn't it, connei'tlng it with the 
main part of the envelope? — A. Yes, sir. 

Q. Exhibit 11 has three, has it not?— A. Yes, sir. 

Q. I'^xlilbit 8 has three such seals? — A. Yes, sir. 

Q. Exhibit 7 has live s(»aling-wax si^iis. has it iiot?--A. Yes, sir. 

Q. I show you Exhibit 10. There Las l)i.'eii three seils of ^*^lii^g wax over 
the flap fastening It down to the main part of the enveloiH'?— A. Yes, sir. 

(Whereupon the hearing wns adjourned until Wednesday o'elock a. m., 
February 10, 1013, at the supervisor's room in tin* (.oiu'thouse in the city of 
Charlotte, Eaton (Vmnty, Mich.) 



Wkdnkshay, Frbniarjf 19, ItU:i — .9 a. m. 

JOHN TALMEU, being duly swoni to testify to the truth, the whole truth, 
and nothing but the truth, testified on behalf of the (?ontestant as follows : 

Direct examination by Mr. Adams : 

Q. Mr. Palmer, where do you reside*? — A. In Sunfield Township. 

Q. Eaton County? — A. Yes, sir. 

Q. You have lived there how long? — A. I have live«l there about 23 years. 

Q. What is your age? — A. I am (W. 

Q. What business are you engaged in? — A. 1 am a shipper of grain and 
produce. 

Q. Were you a member of the elet-tion board that acted In Suntield on the 
5th day of November, 1012. at the general election? — A. Yes, air. 

Q. I show you a statement book nnirked "Exhibit 3." Y'ou may examine the 
certificate to that book and tell me whether it is your signature there opiwsite 
the name '* Inspectors of election." You acted in that capacity at that election 
at that place, did you? — A, Yes, sir. 

Q. What time on that day did the election board organize? — A. At 7 o'clock 
in the morning. 

Q. Were you there at the time of that organization? — A. Yes, sir. 

Q. Was Frank II. Bacon a justice of the peace in that township at that 
time? — A. He was. 

Q. Who was at that time supervisor of that township?— A. I was. 

Q. Was there any other justice of the peace in that township besides Frank 
H. Bacon that you know of? — A. There was a man named Hager. 



CABNSY VS. SMITH. 67 

Q. Dennis A. Hager?— A. Yes, sir. 

Q- Who was the clerk of that township on the 5th day of November, 1912? — 
A. Harry H. Ma[jes. 

W. Did Harry H. Mapes act as a member of the election board on that day? — 
A. Yes, sir. 

Q. In what caimcity?— A. He acted as one of the clerks part of the time. 

g. Ill what capacity, if you know, did Frank H. Bacon act on that day at 
that e:e<*tlonV — A. Mr. Bacon marked the initials on the corner of the ballots 
ami lie helped count. 

g. Was there any oath administered to Frank H. Bacon before he assumed 
to aet on tliat election board on that day? — A. Yes, sir. 

g. Who administered the oath to himV — A. We were all sworn in together. 

g. He couldn't very well swear himself, could he? He didn't, did he, or did 
hev Before answering that question let me show you Exhibit 13, which I have 
had marked for the purpose* of Identification. This is entitled on the outside 
of it, " Poll book of the general election held Tuesday, the 5th day of Novem- 
ber. V.nil. in the village luiU in the township of Sunfield, county of Eaton." Do 
you liiKl on there any certificate of any oath having been administered to Frank 
H. Bacon? 

Mr. Maynakd. We object to that as incompetent and immaterial. 

A. It is not here. 

g. No such certificate is on there, is there? — A. No, sir. 

g. As a matter of fact, Frank H. Bacon w«s not sworn; there was not ad- 
ministered tu him tlio oi. Ill ret}uireil by the laws of the State of .Michigan to be 
adiiiinistoreil to an ins; orior of an eJertion. 

-Mr. MayiNakd. We (!l».i<'(t to iJiaL j:s iin<iniiK'tent and immaterial; no def(K!t 
is mentioned in the contest there. 

Mr. Ajjams. We will '^i-i it m if it is not. 

Mr. Fki i.ow.s. 'ih.ii is m't'i>s>aiy, and liu- rrui(>^ have so held. 

Mr. AoAMs. We will f;ive yon notice now tiiat. :iny now fads that (U'vHoi) In 
the t: kiW'fX of tliis tesiiuioiiy or Jiny otlicr if^ . iniopv on bolialf of tlie cnnh'stant 
thai we siiail apply i'or in ^'intMulnioul [•■> w-v jjotilion; and you can therefore 
jirenare yourMilxrs tu meet Lho facts iin>' iI'mI ili:t nmy nut be set forth in 
tlie petition. 

Mr. Maynakd. We will obje.-t to the takiiiix of testimony upon niattors that 
are onlsi«lo entiifly (jf the m-tii'e of con.ol. 

g. As a n. a tier of f-^ct. no ualli wms :,.'iii.iiisif'r(>(i to Frank IL Itacon ])cfore 
Mr. l*;:con lieK-'H to iwl (u that, ole/iioii ho nl on iliat election day; isn't that 
so, { » your best rccollHci imi v A, I (lout re'iM-mber. 

i}. You don't reni.'n'ber of Miy oMln li -in;^ administered to him? Who 
atlnii'iistered the <»at!i to the rjther niei!5i)ers of the board; didn't lie, being a 
jn<i;ie iff the i)eace".' A. '^ es. sir. 

g. I.< it yoiir re'oile .tiiiii ik-w that no o.uli was MdininiKterod to Frank H. 
Ti; i-on ht'foH> .Mr. Hjic.m l)e;.c.in to :.<'t oii ibal boar*! on tliat (fayV Wiiiit say 
yell'. A. I couldn't s:iy. 

Mr. Adams. I desire and do offer in evidence from Exhibit 13 the followiugr, 
under the beading on this exhibit, which heading is ** Oaths to insi>ector8 of 
election " : 

" State of Michigan, County of Eaton, sa: 

"I do solen?nly sweT that I will support the Constitution of the United 
States and tlie constitution of this State, and that I will faithfully discharge 
the duties of the office of iusi)ector of this election, held on Tuesday, the 5th 
day of November, 1912, according to the best of my ability. 

"J. H. Palmeb. 

"Taken, subscribed, and sworn to before me this 5th day of November, 1912. 

*• Frank H. Bacon, Justice of the Peace.'' 



" State of Michigan, County of Eaton, 88: 

" I do solemnly swear that I will support the Constitution of the TInitetl 
States and the constitution of this State, and that I will faithfully discharge 
the duties of the office of inspector of this election, held on Tuesday, the 5th 
day of November, 1912, according to the best of my ability. 

" Dennis A. IIageb. 

"Taken, subscribed, and sworn to before me this 5th day of November, 1912 

Fbank H. Bacon, Justice of the Peaces 



it 



68 CABNEY VS. SMITH. 



it 



State of Michigan, County of Eaton, 88: 

I do solemnly swear that I will support the Constitution of the Fnfted 
States and the constitution of this State, and that I will faithfully discharge 
the duties of the office of inspector of this election, held on Tuesday, the 5th 
day of November, A. D. 1912, according to the best of my ability. 

"(No signature.) 

"Taken, subscribed, and sworn to before me this 5th day of November, 1912. 

" Frank H. Bacon, Justice of the Peace."' 

** State of Michigan, County of Eaton, 88: 

" I do solemnly swear that I will slupport the Constitution of the United 
States and the constitution of this State and that I will faithfully discharge 
the duties of the office of insi)ector of this election, held on Tuesday, the 5th 
day of November, 1912, acocrding to the best of my ability. 

"Fbank H. Bacon. 

" Taken, subscribed, and sworn to before me this 5th day of November, 1912." 

Mr. Adams. There is no signature showing that anybody swore Mr. Bacon. 
Under the head of " Oaths to clerks of election " the following appears : 

'* State of Michigan, County of Eaton, 88: 

" I do solemnly swear that I will support the Constitution of the United 
States and the constitution of this State, and that I will faithfully discharge 
the duties of the office of clerk of this election, held on Tuesday, the 5th day 
of November, 1912, according to the best of my ability. 

"H. H. Mates. 

" Taken, subscribed, and sworn to before me this 5th day of November, 1912. 

" Frank H. Bacon, Justice of the Peace.** 



tt 

41 



if 

(I 



State of Michigan, County of Eaton, 88: 

I do solemnly swear that I will support the Constitution of the United 
States and the constitution of this State, and that I will faithfully discharge 
the duties of the office of clerk of this election, held on Tuesday, the 5th day of 
November, 1912, according to the best of my ability. 

"D. W. Knapp. 

" Taken, subscribed, and sworn to before me this 5th day of November, 1912. 

" Frank H. Bacon, Justice of the Peace/* 

Mr. Adams. Under the head of " Oaths to gatekeepers at election," the fol- 
lowing appears: 

State of Michigan, County of Eaton, ss: 

I do solemnly swear that I will support the Constitution of the United 
States and the constitution of this State, and that I will faithfully discharge 
the duties of the office of gatekeei)er of this election, held on Tuesday, the 5th 
day of November, A. D. 191 — , according to the best of my ability. 

" Charlie Gilbert. 

" Taken, subscribed, and sworn to before me this 5th day of November, 1912. 

" Frank H. Bacon, Justice of the Peace.** 

" State of Michigan, County of Eaton, ss: 

"I do solemnly swear that I will support the Constitution of the United 
States and the constitution of this State, and that I will faithfully discharge 
the duties of the office of gatekeeper of this election, held on Tuesday, the 5th 
day of November, 1912. according to the best of my ability. 

"Z. D. Slater. 

" Taken, subscribed, and sworn to before me this 5th day of November, 1912. 

" Frank H. Bacon, Justice of the Peace" 

Mr. Adams. Under the head of " Oaths to at election," appears the 

following : 

** State of Michigan, County of Eaton, ss: 

" I do solemnly swear that I will support the Constitution of the United 
States and the constitution of this State, and that I will faithfully discharge 



CABKET VS. SMITH. 69 

the duties of the office of instructor of this election, held on Tuesday, the 5th 
day of November, 1912. 

"Albert Sateb. 

** Taken, subscribed, and sworn to before me this 5th day of November, 1912. 

** Frank IL Bacon, Justice of the Peace.*' 

Mr. Adams. At the conclusion of this instrument, Exhibit 13, is the following; 



*< 



Certificate of inspection. 



" State of Michigan, County of Eaton, ss: 

*• We do hereby certify that the foreKolnj? poll list las been carefully com- 
pared by us with the duplicate poll list as required by law, and all mistakes 
found in said poll list have been duly corrected by us, and that said poll lists 
are now correct and agree with each other. 

" In witness whereof we have set our hands at Sunfleld this 5th day of No- 
vember, 1912. 

** J. Palmer, 
" Frank H. Bacon, 
" Dennis A. Hageb, 
"Inspectors of Election held on Tuesday, the 5th day of Novemher, 1912.'* 

Q. You were at that election as an inspector and remained on that day how 
long, Mr. Palmer? — A. I stayed there until about 12 o'clock at night. 

Q. You were there from the time the polls opened until 12 o'clock at night 
continuously? — A. No, sir; there were times I stepped out; it seemed we had 
one man to spare 

Q. (Interrupting.) What do you mean by that? — A. Well, there was nothing 
for Mr. Hager to do when I was taking the tickets and putting them in the box, 
so when I wanted to step out for any reason he would take the tickets and re- 
lieve me, and if he wanted to step out I would take the tickets and put them 
in the box and relieve him. 

Q. So one inspector handed out the tickets? — ^A. Mr. Bacon, the justice of 
peace, marked the corner of the ballots and handed them to Mr. Sayer and 
he was in front of the booth passing those tickets out to the voters, and ns the 
voters came through the booth I took the tickets from them and deposited them 
in the box. 

Q. Mr. Sayer was the instructor? — A. Yes, sir. 

Q. So that you had three inspectors at that election and an instructor be- 
sides the clerk? — A. Yes, sir ; we had two clerks. 

Q. Who did you say was the clerk of that township at that time? — A. H. H. 
Mapes. 

Q. So Mr. Ma lies did not act as in8i)ector, he was a clerk there to that elec- 
tion board? — A. Yes. sir. 

Q. Well, now. as I understand It, you acted as an inspector and Dennis A. 
Hager acted as an inspector? — ^A. Yes, sir. 

Q. And Frank H. Bacon acted as an inspector. Did anybody else act as an 
inspector? — A. I don't think so. 

Q. So you had then three inspectors who acted — three men who acted as 
inspectors, I wiil put it?— A. Mr. Bacon handed them out to Mr. Sayer. 

Q. Mr. Sayer was not an ins|>ector. but an instructor? — A. Yes, sir. 

Q. He was sworn in as an instructor? — A. Yes, sir. 

Q. And yet he handled the ballots? — A. Yes, sir. 

Q. What did Albert Sayer do there with those ballots, just explain that?— A. 
He would take 25 at a time from Justice Bacon and go out in front of the 
booth where the voters entered in the gate, between the front gate and the 
booth, and he would pass the tickets. 

Q. Then the voter would go into the booth perhaps and mark his ballot? — 

A. Yes si r. 

Q. And then what was done with the ballot?— A. The voter would enter into 
the booth on Mr. Sayer's side of the booth and would come out on our side, 
and I would take tiie ballot and dei>osit it in the box. 

Q. How many lM.<»ths did you liave thore that day?— A. Four or five. 

Q. Mr. Sayer, then, in i)assing the ballots to the voters was not in sight of 
the other members of the board, was he? — ^A. No. 

Q. Ill other words, the booths were between Mr. Sayer, when he handed 
those ballots to the voters, between those voters and yourself and Mr. Bacon? — 
A. Yes, sir. 



70 OABNBY VS. SMITH. 

Q. AtkI those booths wore fo hiph and so long thnt a view of yourself anci 
Mr. r.si'oii \v:is cut off from Mr. Sayof wht'ii Mr. Saun* j)as.s(,'d those ballots to 
the votoisV 

Mr. MWiNAiii). I objoct to th:tt as loadirip:, 

Q. Is tliat Irnc or not V — A. Yes. sir; Ibnt is triio. 

Q. Wrll, wlion you wpiit out a I any tiiiu' or liuics that day, when yon did 
leave ilu* votiii;? jjlaco, who look your nhice? — A. Mr. Ilaj^er. 

Q. Wluv.i you wore Ihoro what tlid Mr. Haj^'cr doV — A. Well. Mr. Ila^er part 
of tho tinx' would slop out on iho ^tro.'t, and jmrt of the time he would sit 
around and talk. 

Q. Wlieu you were perform ini: the duties you say you i)erformed, Mr. liaooii 
also boinjj tliero, Mr. Ilagor didn't do anythinjr, did lioV- A. No, sii'. 

Q. Wiis Mr. Sayor, when ho pas.^cii om ili(>;^(^ ])alln..s lo th(^ voters, within or 
without tho railing;? — A. lie was widilu tho railiui;. 

Q. Did tlie oloction that day adjourn at noonV -A. Well, they adjourned one 
hour for dinner . 

Q. AVhat. if any, announconu'nt- ])uhru' announciMuout - was made there of 
tlie adjoununentV — ^A. It was aunouucod that we adjourned one hour for 
dinner. 

Q. When tluil adjouriunont was tak«»n wliat was done with the boxes that 
were usod there In the oloction by the IjoardV — A. We loft Mr. Slater there 
while the rest went to diuner. 

Q. Were the books loft there in his custody?— A. I couldn't toll you; I don't 
know what tho olorks did with tho Ix oks. 

Q. Did the clerks leave for diuu'^r at the time tho bonrd did?- -A. Yes, sir, 

Q. Was the room in which this election was hold hacked when you detmrted 
for your noon dinner? Or was tho door loft oi)on so i(ej>ple could go inV — A. I 
don't think it was looked, bu- Mr. Slater was lookliij? aft(»r thinjjs. 

Q. The unvoted ballots — wJon yon loft for your no(»n recess what was done 
with those': -A. I couldn't toll you: I don't ronirmbor. 

Q. Was there anyone ehe in tho rooui when the board and the clerks loft 
besides Mr. Slater';'— A. I don't think there was anyone else inside of tlie 
railing. 

Q. Were there any others in the room besides Mr. Slater? — A. I couldn't tell 
you; they kept their fire api)aratus in the room. There was a whole lot of 
room outside of the railing; some one mijjht have been standing there. 

Q. It was held in the fire house? — A. Yes, sir. 

Q. What time did the election board res^ume oi>erations? -A. At 1 o'clock. 

Q. When you resumed, after your noon hh'css, state whether any public 
announcement was made that the polls were again open. — A. I tliink so; yea, 
sir. 

Q. Who made that announcement ? -A.* I don't remember. 

Q. Did you after that noon recess act in the same eapacity as you did before 
the recess? — A. Yes, sir. 

Q. How about Mr. Sayer? — ^A. The same. 

Q. And Mr. Hager and Mr. Bacon the Sfime and the clerks the same? — A. Yes, 
sir. 

Q. Was there any change in the board or clerks or gatekeeiwrs after the 
noon recess, that you recall? I moan prior to 12 o'clock that night. — A. Mr. 
Mapes started out and his ffithor-in-Jaw took his plaee. 

Q. Did Mr. Mapes go out during the time the olei'tion was being conducted? — 
A. Yes, sir. 

Q. Who was his father-in-lnw? — .\. .Tool H. Rera. 

Q. What was Mr. liera's business at that time: I mean his general busi- 
ness? — A. He was postmaster at Sunfleid. 

Q. He was the father-in-law of H. H. Mapes? — A. Yes, sir. 

Q. Wlien did he first begin to act there in connection with the election on 
that day? — A. I couldn't say as to the hour; I was out at times. 

Q. Any in the forenoon before the recess adjouriiniont?- -A. No. 

Q. Was he there in the afternoon of thnt day before 5 o'clock? — A. I don't 
remember tlie hours, but I retnember that he was there for some time. 

Q. In the afternoon before 5 o'clock? — A. No; it was in the evening; I am 
not positive to the hour he was there. 

Q. Are you positive about him being there in the afternoon before 5 o'clock? — 
A. I couldn't say what hour he was there. 

Q. Wlien did you begin to count the ballots? — A. After 5 o'clock. 



GABHEY VS. SMITH. 71 

Q. Now. with reference to the time yon commenced counting the ballots, state 
\vl)-rhf»r Mr. Hern took Mr. Marc^'^ plnce before the counting commenced? — A. 
He r«H«k his place after the coimting commenced. 

0. Whjit did Mr. Hern do afer he took Mr. Mapes's place? — A. He tallied, 1 

rJiink. 

Q. Did he handle the baliots? — A. No, sir; he marked them down ns they 
were called off. 

Q. Waff there any oath administerwl to Mr. Rera that day during that etec- 
tlon at any time while you were there? — A. Xo. sir; but he said It was not 
necessary. 

Q- I>o you know what Mr. Rera's politics were at that time? — A, No, pit; 
that is quite a broad question. I have had in my own mind what his politics 
weve for a good niMny years; I presume he was a Republican. 

Q. How long had Mr. Rera been postmaster there at Sunfleld? — A. About 16 
years. 
Q. Continuously? — ^A. Yes, sir. 
Q, No interruption? — A. Not in the least. 

(}. State whether Mr. Rera did anything else that you saw there that day 
except to keep tally? — ^A. I couldn't say that he did; he was inside of the 
booth there with the rest of them. 

Q. Refore Mr. Rera performed any duty there in connection with the eTec- 
tion. state whether or not Mr. Rera was in where the Inspectors were, where 
the ix)ll8 were? — A. He was in and out whenever he wanted to during the dtoy 
and evening. 

Q. Refore counting tli«* i»Mllots b'wl lie bfHMi in there where the boMrd was 
performing its dutiesV — A. I couldnM siy about that. 
Q. How many ballot boxes did you have that day? — A. T think we h:id three. 
Q. How many did you use? — A. I believe we used all of them. 
Q. Were they locked or pealed before the counting commenced? — A. Before 
the counting commenced? I don't think so. I think they were locked all the 
time, but they were not sealed. 
Q. Each one of them, evei*y one of tliem locked or not? — A. T think so. 
Q. Who had the keys to the locks? — A. T don't know. 

Q. Were there any ballots counted there before 5 o'clock that day? — ^A. 
No, sir. 

Q. Who, if anyone, besides Mr. Rera -imI b sidfs the iiisi>ectors and the in- 
structor. Mr. Mapes and Mr. Knapn, jissisfeil in the counting of the votes that 
were cast ivn that day at that placeV -A. After sni>per Mr. Mapes did not 
L-ome back, and Mr. Sayre counted in bis place a part of the time, and a part 
of the time Mr. Witherall. 
Q. Who was Mr. Witherall? — A. He was a citizen there. 

Q. Mr. Witherall— was there any oath admiinstered to him there that day 
that vou know of? — A. No, sir. 

Q. "what did Mr. Witherall do in the way of asaisting; Just explain what 
you snw htm do? — A. Keeping the tally. 
Q. Did he do anything else but tally?— A. No, sir. 

Q. Did any other one or ones assist at any time when you were present?— A* 
Xo. sir: n^t th?'t I remember of. 

Q, Did Mr. Rera act In the cai)jjcity of an ins])ector on tliat day at that etec- 
tion at any time when you were prescMit? — A. I don't think so; he just marked 
down and keT)t the tally. 

Q. Do you know whether Joel H. Rera had been acting in any way In the 
interest of .Icdm M. C. Smith, the Republican candidate for Representative in 
Oongresf? at that election, prior to the eU^cton day, at Sunfleld?- A. Prior to 
tliat day?— A. Prior to that day? 
0. Yes, s'r. — A. After Mr. Snnth wj'S nominated be was a Smith man. 
Q. At 5 o'clock in the afternoon of the r>th of November at that voMuj^ 
place, as I understand y<m, you commenced counting the votes that had been 
voted? — A. Yes, sir. 

Q. After you began that count at r> o'clock did you leave that voting place 
for supper or dinner?— A. The othcu- members of the board had their suppers 
sent to them. It seems we had one extra nuin there most of the time, 80 I 
stepi)ed home for my snpjier and the rest of them stayed there. 
Q. What time did you get back? — A. T got back about 7 o'clock. 
Q. They went on with the ccunt at that time while you were at supi>or?— 
A. Yes, sir. 



72 CARNEY VS. SMITH. 

Q. After you got back did any other member of the board leave before 12 
o'clock at night? — A. The township clerk was away some of the time. 

Q. When tlie township clerk was absent who, If anybody, acted In his 
place? — A. Air. Siiyre and Mr. Witherall and Joel H. Bera acted in his place 
when he was not there. 

Q. After you returned there about 7 o'clock that evening, you stiiyed there 
how long? — A. I stiiyed most of the time until midnight 

Q. Were you gone away from the voting place? — A. I was outside a few 
minutes. A friend of mine was kilUnl with the cars, and I ste]>ped out to see. 

Q. At 12 o'clock that night what was done with reference to the counting of 
the votes in that precinct? — A. Mr. Mapes made a motion that \^e adjourn un- 
til the next morning and finish the count the next morning, and the motion 
carried. 

Q. Did he make a motion to any hour to which the adjournment was to 
be taken?— A. I think 8 o'clock. 

Q. You say the motion was carried? — A. Yes, sir. 

Q. Did or did not the board then adjourn? — A. Yes, sir. 

Q. What was done with the election books used at that election — the iK)ll 
books and tally sheets and statement book? — A. I think they were left there 
until morning. 

Q. Where were they left? — A. I think they were left there. 

Q. I mean how were they left — on the table? — ^A. I couldn't tell just how 
they were left. 

Q. What was done with the ballots that hnd been voted? — A. They were 
left there. 

Q. Where were they left? Describe the place and the manner of leaving theiu 
that night when the board went away? — A. I couldn't tell you about that 

Q. Did you stay there until the other members of tliH boanl left? — A. I think 
when we adjourneil I went out and left the clerks there. 

Q. State whether, from your knowledge, the books used in that election and 
(he ballots that had been voted at that election were locked up in the ballot 
boxes or anything else in the wny of a receptacle for them or not? — A. I couldn't 
tell what they did do with them. 

Q. Do you know whether the votes that had been cast there were locked up 
when you took that adjournment at 12 o'clock that night? Placed under seal 
or not? — ^A. The clerks were there looking after that; I didn't give it any at- 
tention. 
. Q. So you don't know? — A. No, sir. 

Q. When did you return to the voting place agnin to continue your duties as 
kn in8i)octor of that election? — A. I went home at 12 o'clock and went to bed. 

Q. When did you come back? — A. I came back at 5 o'lrhx.'k in the morning. 

Q. On the morning of November (5, 1012? — A. Yes, sir. 

Q. Did you go back to this place where the election had been held the day 
before? — A. Yes, sir. 
' Q. Was there anybody there at that time? — A. Y'es, sir. 

0. Who? — A. Mr. Bacon was there. 

Q. Frank H. Bacon? — A. Yes, sir. 

Q. Anyone else?— A. Mr. Knai>p and Hager; T am not sure whether Mr. 
Mapes was there, or Mr. Bera ; one of them was there. 

Q. What were they doing when you arrived at 5 o'clock in the morning? — 
A. Counting the votes. 

Q. Did you, from the time you got there at 5 In the morning, assist in the 
counting of the remainder of the votes? — A. Yes, sir; I told Mr. Bacon I would 
take his place If he wished to go home; he was tired, so he went home. 

Q. What time did you conclude the counting? — A. About 6 o'clock. 

Q. Did you look over the biillots that had been counted in your absence, and 
count them? — A. No, sir. 

Q. Did you ever do that before you made and signed the return, certifying the 
election that you returned to the county clerk of Eaton County? 

Mr. Maynard. We object to that as incompetent and Immaterial. 

A. No, Kir. 

Q. Did you, at any time before you signed the statement book — the certificate 
bage in the statement book — that was addressed to the board of county can- 
vassers in the care of the probate judge, or the register of probate of Eaton 
Comity? 

Mr. Maynard. The same objection. 

A. No, sir. ^ i 



CARNEY VS. SMITH. 73 

Q. When vour board got through on the 6th of November. 1912. with this 
<?ount. did you at once mnlce that certificate In the statement book which I have 
referred to. or was it later done?— A. It was done later. 

Q. When you got through counting at 6 o*clock, on the morning of November 
« 1912, did your board resolve to adjourn until some other time?— A. We went 
home to breakfast and met at Mr. Bacon's office and signed the returns later. 

Q. Did you pass any resolution before leaving, after completing the count, to 
adjourn? — A. Nothing of record, only some one snid we would go to breakfast 
and come back to Mr. Bacon's office about 9 o'clock and sign up the returns. 

Q. That is Frank H. Bacon you are talking about? — ^A. Yes, sir. 

Q. His office?— A. Yes, sir. ^ ^ ^ 

Q. Where was his office with reference to the place the election had been 
held on November 5?— A. About a block and a half. 

Q. Did you meet on the 6th at Mr. Bacon's office?— A. Yes, sir. 

Q. Who was present?— A. All the board; all the election committee— the elec- 
tion Inspectors. , ^ . ^ 

Q. What election records or books did you have at Mr. Bacon s office at that 

meeting? — ^A. I think we had all of them. 
Q. How did they get over to Mr. Bacon's office?— A. The clerks carried them 

over there. 

Q. When you finished countmg at 6 o'clock on the morning of the 6th of 
November, 1912, what was done at the time of your adjournment with the tally 
book, the poll book, statement book, nud the bnllots that you had counted?— 
A. The clerks took the tally books with them. I think they took the votes that 
we counted and rolled them up and tied a string around them and put them back 

in the ballot boxes. 

Q. After so putting the ballots back, state whether the ballot boxes were 
locked or not locked?— A. I couldn't tell you. 

Q. State whether after these ballots were put back in the ballot boxes after 
this count was completed, the ballot box or boxes In which those ballots were 
placed were in any way sealed?— A. I left that to the clerk. I don't know 
whether he sealed them or not. 

Mr. Adams. I offer in evidence the certificate atttached to the statement book 
of the general election held November 5, 1912, in Sunfield Township, marked 
" Exhibit 3," as follows : 



" CERTIFICATE. 



"State of Michigan, County of Eaton, sff: 

" We do hereby certify that the foregoing Is a correct statement of the votes 
given in the township of Sunfield. county of Eaton, State of Michigan, at the 
general election held on Tuesday, the 5th day of November. 1912. 

" In witness w-bereof we hereunto set our hands at the township of Sunfield, 
said county and State, this 5th day of November, 1912 

" J. H. Palmer. 
" Frank H. Bacon. 
" Dennis A. Hager. 
" Inspectors of Election.'' 

Q. Was that certificate in fact made on the 5th day of November, 1912, or on 
the 6th day of November, 1912? 

Mr. Maynabd. That is oh jetted to as Immaterial; there Is nothing in the law 
requiring it to be made on the day of election. 

A. It was made on the Oth. 

Q. About what time on the 6th of November did you make that certificate or 
sign it? — A. At 9 o'clock in the morning. 

Q. You signed it at Mr. Bacon's place of business? — \. Yes, sir. 

Q. That was not the place where the election had been held? — A. No, sir. 

Q. It w:is about a block away from where the election had been held? — 
A. Yes, sir. 

Q. 1 notice in the certificate the Inspectors attached to Exhibit 13 It recites 
and shows that the certificate was made on the 5th day of November. 1912. 
State whether that certificate was made on the 5th day of November, 1912, or 
not — X. It was nuide on the <ith. 

Q. What time on the 6th day of November, 1912, was that certificate signed 
by you? — ^A. About 9 o'clock. 

Q. Where did you sign it ? — ^A. In Mr. Bacon's office. 



74 CARKBY VS. SMITH. 

Q. Fnnik H. R^ooii? — A. Yefi, sir. 

Q. Did tiio niluT infspootors si^n ihnt CQvt\i]c to v.t tlio snnu» fii'.ie, or 
ai)pn>xiii.iM"ly II. c s.-ine time, find at the Kjune placo y<ni silciuhI itV- A. Yes, sir. 

Q. Did I lit' oilijT i]]^pe<tor.s of t)iat olocticm sij;n tho (M»rlMi«': t»\ !• vl.ibil. .^, at 
the Feline time, «n- ;inj»n)xiin stoly the sjuiie time, yon diii? A. \o^, sir. 

Q. Who ttllcMl in tliose certificates, so far :;s the smi.e nre tilled in witli ink, 
if you know? — A. Mr. Knapf). 

Q. When you made th^t certificate there were n niinduM- of tht^ votps that 
were cast at that election thPt j'ou hadn't iookeil over at nil; i'^n't tl'nt so? 

Mr. ^rAYNAKi). We ohje*^'t to tlnit as innnaterial; lie (mm'i stnliify his own 
written return in this wj»y. 

Mr. Fkliows. I don't snpp(>se the law conteniplates tl:;il owvy irsieclor shall 
80e every h?ill<)t. 

A. I did not see all of them. 

Q. Do you know how many ballots were counted v\ the time yon rctirod at 
12 o'clock on the nijrht of November 5, up to thit tin](»? —A. I ])ro^'ime about 
half. 

Q. W^hen you pot h-ck rt 5 o'clock the next mornlnj;. how manv were there 
left to count?— A. From 15 to 25. 

Q. I sliow you Exhibit 13. State how many btllots (I ere were on<\ at that 
election that day. on November 5, 1912. — A. Ti)ere wore ^,10. 

Q. ApT)roximately, then, at least 1(50 ballots th t hd been voteH at that 
election on November 5. 11)12, were counted at a time or t n os wbrn you were 
not present? — A. Yes, sir. 

Q. And when you made your certificate attnfbei to th'' exbib't< wldo^ hnve 
been rend wbile you hnve been testifyine:, {:l>oiii ICO of tlio ballots th>t were 
voted at that election hj)d not been examined or ooimhMl by ynn. Is that cor- 
rer-t?— A. I was asleep when they counted them. 

Q. You didn't count them at any time before making that cortific:Ue?--A. 
No. sir. 

Q. After you pot there at 5 o'clock, you stated that Mr, Haj;er left there. — A. 
Mr. Ihicon. 

Q. And you finishe<l the count in his alxsence? -.\. Yes, sir. 

Q. Do you know whether he counted the bnliots that had been voted at that 
election that were counted by you and the others after Mr. Hacon left on the 
morninp of the ()th, before these certificates and tht^e returns were signed by 
Mr. Bacon? — A. I don't know. 

Q. At any time while that count was poinp on when you were there, do you 
know whether Dennis A. Hager, one of the insi>ectors of that election, was 
absent any? — A. I couldn't say. 

Q. W'ere the ballot boxes that were used at the election of November 5» 1012, 
as far as you know, in the oflSce of Mr. Hacon on the morning of November 6, 
1912, when you signed these certificates? 

Mr. Maynard. We object to that as Immaterial. 

A. No; they were not there. 

Q. Where were the statement books, or where was the statement book, as the 
case may have l)een. fille<l in with the writing that is in it? -A. Mr. Knapp may 
have filled them in r't liis own home, or at Mr. l?aoon's otfice before I arrived 
there. They were all filled in when they telephoned me to come over to the 
office and sign up tbe returns. They were all rendy when 1 got there. 

Q. Were they filled in before your board ;.djourned at 6 o'olo<k on tiie morn- 
ing of the 0th V— A. No. sir. 

Q. Was tJie poll book, save the certlficnte of the inspe( tors at the time that 
you adjourned on tlie morning of November 6, 1912, at tlie place where the 
election was held on the Hth*^ — A. The ik)1I books? 

Q. Yes; that is, fil'el in with the writing that is in them aside from the list 
of voters? — A. The list of voters was filled in. 

Q. I say aside from that. — ^A. I don't think so. 

(). Did you sign m(»re than one poll book at the office of Mr. Hacon on the 
morninir of the tith of Noveml>er, 1912? Sign a certificate for more than one 
book? A. I couLiu't tell unless I saw them. 

(Hook handed witness.) 

WiTNFSs. That is my signature. 

Q. Did you Fign a like certificate ou any poll book, such as Exhibit 13, prior 
to and including the time you took that adjournment, about 6 o'clock, November 
6? — A. No; I didn't sign any previous to that. 



CABNEY VS. SMITH. 75 

Q. When you ^(.( owv to ^Ir. Hnr^on's ofTico (li<l yuii or not .si;;n tho cprtificatos 
to two |'«»11 Im <)ks of tlie ('Uvli(.n held in Snrith'ld on Novcinhcr o. l!»r2V--A. I 
siijni* I ev*Tytiilnir in Mr. U;o*on*t5 otliro. I (ii'l:''i s";^'! it anywlKTO ^^^^, Won* 
thiTo two signed V 

<J. I «]mtf kn'>\v: t^HTo f>n^iit to bo. A. Y(»u r.in tisi if you Jj;i\e your hook 
whelh»^i* I si;^iitHl it or nut. 

(Yopp-oxniiiinntion hy Mr. Frankhai'sfr : 

(}. Ydii I:r.(l hoi'u oUu-tuin insi'.octor at a .C(U>J many jjrovions ele.'tionsV — A. 
Yes. ^ir. 

Q. Voii 'Avr sni'.orvV'.r of tlio tnwns'hip of S.'n(i;»l(I and liavo h^'ou for some 
time' --A. Yes. s'r. 

(J. Yi.'iir t*»\vnslMp is ixinnall.v (juilo s(r«.iiji'y UopnJ.I-ran V 

Mr. Ai)A.\Js. I nbjoci to thai as irrol('\a:;t aJid iinmatcrial aiid Iro inilofiuite. 

.A. T( Is coiisiiTored so. 

Q, I-'\oi at tho last ohnrtion it wont U<*piihlioan V 

>fr. Ai'AM.s. We oh.j*ft to that as irrolo\;,ii{ and iniinatoria) anil not tin' lu'St 
evid(^iH*e. 

A. I thinl\ tlie report shows it went Ilepuhlicui. 

Q. Do you renieinl)er how irany votes Mr. Cano'v nneiv(Kl tliere? 

Mr. Adams. We objeut to that as irrelevant ; tul .i.nnateiial and u-a the l)est 
evidence. 

A. I do r<»t : iin, sir. 

Q. Now. as a nuMn.io!- of that hi-ard- yon have l).'e:i eleettnl siii)ervisor on the 
I)pni<K-raii(* ti«'l<ot in tliat t^iwnsliif)? A, Yes, sir, 

Q. Fveiy time fnr a !Mind>er of y(»jrs?--A. Y(»s, sir. 

Q. N4»w, this in SI eel or. >'r. racon, was a 1) ■mocrat''' A. YVs, sir. 

Q. IIo diod very s.jon afier tl:e ehx'tion V — A. Ves, sir. 

Q. The fa<-t was he was In latlnT pt-or hrallh ai-tlal timoV A. V<»s. sir. 

Q. That is why you proiio>el he shnulii ^o hcnne ami y<ni wonlvl take his 
place? — A. Yes, sir. 

Q. Mr. Sayre is he also a Denioerat? A. 1 think so. 

Q. And supported the Demoerat lieketV- A. I third< he is a T)em(>orat. 

Q. Mr. I?a(!on was a Democrat ami supported the Denuicrat ti;ketV— A. I 
don't know how they vot-^Ml. 

Q. Just what you know from your oljservation amonj; nienV— .\. ITo was a 
Democrat. 

Q. A majority of the board of inspectors were Democrats? -A. Ye<?, s'r. 

Q. Mr. Mapea — he w;.s what is called a third part> man, a lUiJi M«>os<'r? -A. 
I think J?o. 

Q. As far as you were concerned, Mr. Palmer, your actions there were In 
every rejrard in favor of an honest election? -A. Yes, sir. 

Q. I a.sk you whether .Mr. Carney got cretlit for e\ery vote that was cast for 
him. as far as you know? 

Mr. Adams. I abject to that as irrelevant and Inmiaterial. 

A. As far as I know, be did. 

Q. And John M. C. Rmith got credit for what was cast for him, as far as 
you know? — A. Yes, sir. 

Q. As far as you know, there was nothin.c: (K'currwl there that affected the 
result of the election for Member of C(»ni?ress? 

Mr. Adams. I object to that as incom|)etent, irrelevant, and immaterial. 

A. No, sir. 

Q. l>id you swear in Mr. Say re because you sup[)osed you had a right to 
swear in such an officer? 

Mr. Adams. I object to that as irrelevant and immaterial. 

A. Yes* sir. 

Q. You had done that at previous electi<ms? 

Mr. Adams. We object to that as incouH)elent and immaterial. 

A. Yes, sir. 

Q. And you did it to facilitate and helj) tlie election along; that was your 
intent and purpose? 

Mr. Adams. We object to that as irrelevant and inunaterial. 

A. Yes, sir. 

Q. When you adjourned at 12 o'clock — first I will ask you, Mr. &iyre wa» 
hi the same room with all of you there? — A. Yes, sir. 

Q. The election was all in one room? — ^A. Yes, sir. 



76 CARNEY VS, SMITH. 

Q. He was in sight there, at least of the clerks, wasn't he; one or more of 
them? — ^A. The booths stood between the clerks and Mr. Say re. 

Q. Was Mr. Say re in snch a situation that the clerks could not see him, or 
any of the inspectors? — ^A. They could not see him. 

Q. The clerks could not? — ^A. No, sir. 

Q. Nor the inspectors? — ^A. No, sir. 

Q. It was all in one room, anyway? — ^A. Yes, sir. 

Q. Was it a large size or small size room? — A. It was a large room. 

Q. There would be no difficulty in hearing anything that was said by eacb 
other in the room there? 

Mr. Adams. I object to that as calling for the conclusion of the witness and 
incompetent. 

A. If they talked loud enough they could hear each other. 

Q. Nobody voted there, as far as you know, except legal electors of the town- 
ship? — ^A. No, sir. 

Q. You know all the voters there, don't you? — ^A. Yes, sir. 

Q. You have lived in that township some years? — ^A. Twenty-three years. 

Q. When you adjourned at 12 o'clock it was because you gentlemen had got 
pretty tired counting votes? — A. Yes, sir. 

Q. I will ask you whether this was not a peculiar election; different than 
any you had ever taken part in as to the number of split ballots? 

Mr. Adams. I object to that as incompetent, irrelevant, and immaterial and 
calling for the conclusion of the witness. 

A. It was about the time we used to have under the old Australian ballot. 

Q. Was not this election — ^is it not a matter of common knowledge tliat this 
election had more splits and took longer to count than any election we have 
had for years? 

Mr. Adams. The same objection. 

A. More than usual. 

Q. Did you ever before adjourn before you completed the count? 

Mr. Adams. We object to that as irrelevant and immaterial. 

A. I think not. 

Q. You adjourned, as you say, at midnight, and the ballots were left there 
in thfit voting place, were they — ^you left them with the clerks? — A. Yes. sir. 

Q. Was the building locked when you went out, or did you go out first? — ^A. I 
think I went out first. 

Q. You don't know, then, whether it was loeke<l or not? — A. I do not. 

Q. When you liad the noon adjournment one of the clerks was left there in 
char^re of the ballot box? — A. Mr. Sayre was left there and one of tiie outside 
gatekeeiR»rs. 

Q. He was left there while the board went to dinner? — ^A. Yes, sir. 

Q. When it came supi)er time, the boys had their su[>i)er sent to them and 
you went out and got your supi)er? — A. Yes, sir. 

Q. When you got back you found thorn counting? — A. Yes, sir. 

Q. You were engaged in counting them before you tpiit at that time, that Is, 
bef(»re you went to Bacon's office everything was counted; you got back at 5 
o'clock, then the count was completed before leaving the building? — A. Yes, sir. 

Q. And i)iit down on the books or the tally? — A. Yes, sir. 

Q. Then it wjis suggested that you go to Bacon's office and sign up the 
returns? — A. Yes, sir. 

Q. But all the votes had been counted at that time? — ^.V. Yes, sir. 

Q. They were on the tally sheet. — A. Yes, sir. 

Q. The clerks took all the books and statements. Do you know what they 
took to Bacon's office? — A. They took all we neeiied at the time. 

Q. When you got there everything was there and the people in there ready 
to sign? — A. Yes, sir. 

Q. Now, then, before midnight you took a chair and went ofl in one corner 
and went asleep? You said you did go to sleep, didn't you? — A. No, sir. 

Q. You didn't do that? — A. No, sir. 

Q. You went olT and sat down and quit counting and sjiid there was no use 
of counting and working right along; then you started out, or that in sub- 
stance? — A. I didn't make that statement; that is what the postmaster said. 

Q. What did you say? — A. Mr. Mai)es made a motion to adjourn at mid- 
night, and I said I was willing to adjourn to rest if the rest were; that is what 
Bera said, that I went asleep. 

Q. I'he question is whether you quit work and went away and sat down in 
another imrt of the room? — A. No, sir. 

Q. Off in a corner on a bench over there? — A. No, sir. 



CARNEY VS. SMITH. 77 

Q. You worked right aloDg until they adjourned? — A. We had two meji. I 
said that it didn't require Mr. Hager and I both constantly, and Mr. Hager 
and I did the work alternately. 

Q. What did you do alternately? — A. We deposited ballots in the box during 
the day. 

Q. I mean as to the counting? — A. Mr. Bacon called off when he took a 
ticket — he called off each candidate's vote as he came down through, nnd I 
would watch over his shoulder to see whether he called off correctly, and when 
I stepped to one side Mr. Hager would do that ; when Mr. Bacon would get tired 
I would sit down and call off and Mr. Hager would look over my shoulder. 

Q. There were two inspectors examining the count as you went along? — ^A. 
Yes. sir. 

Q. Where is Mr. Say re? He has gone away. — A. Yes, sir. 

Q. Where is he?— A. In Florida. 

Q. I>o you know when he is coming back? — A. I expect him back any time 
this month. 

Q. During the cold weather? When you went to breakfast, at 7 o'clock, the 
count had all been completed? — A. Yes, sir. 

Q. All you had to do after tliat was to make and sign the returns? — ^A, 
Yes, sir. 

Q. Which you did about 9 o'clock in Justice Bacon's office? — A. Yes, sir. 

Q. After you got through counting, the ballots were tied up with strings 
nround them and put back in the ballot boxes? — ^A. That is my recollection of it. 

Q. And you left them to the clerks after that? — ^A. I couldn't say as to that. 

Q. That was left with the clerks to do? — ^A. Yes sir. 

Q. Mr. Say re and Mr. Bera were there to assist in the tally, they didn't 
count any ballots? — A. No, sir. 

Q. Were you sworn at the beginning, all sworn in together? — ^A. Yes. sir. 

Q. Before you signed the oath and t)efore you signed the book there? — 
A. We were sworn in before we opened the polls in the morning. 

Q. When you started In here, you said you thought Mr. Bacon was not 
sworn; what do you think about it? Do you think you were all sworn? — A. I 
don't remember about Mr. Bacon; he might have been — I don't remember. 

Q. Mr. Bera. the postmaster, was a deputy township clerk at that time? — ^A. 
That is what he said. 

Q. Do you know whether he was or not? — A. I don't know; I think he was. 

Mr. Adams. I move to strike out what he thinks, and also object to it and 
move to strike it out for the further reason- that there is better evidence. 

Q. Has he acted as deputy clerk to your knowledge? — A. Not to my knowl- 
edpe. 

Q. Your understanding is that he is deputy township clerk? 

Mr. Abams. I object to that as Irrelevant, incompetent, and immaterial. 

A. I never heard of his being deputy county clerk or township clerk until 
he told me that that day at the polls. 

Q. Were duplicate tally sheets kept the whole day? — A. Yes, sir. 

Q. By the two clerks? — A. Yes, sir. 

Q. The returns were mailed to the county clerk and Judge of probate — dupli- 
cate copies? — A. Yes, sir. 

Q. Who mailed them, do you know? — ^A. I suppose so • 

Q. The question calls for your knowledge. 

The Witness. I don't know of my own knowledge. 

Q. Who do you understand mailed them? 

Mr. Adaks. I object to what his understanding was as incompetent, irrelevant^ 
and immaterial and hearsay. 

Q. What do you know about their being mailed? — A. My understanding was 
that one of the clerks mailed them. 

Mr. Adams. I move that be stricken out as incompetent, irrelevant, imma- 
terial, and hearsay. 

Q. Was one of the poll books put in the ballot box wh«i you got through? — 
A. I couldn't tell you. 

Q. Were the duplicate returns that were made at that time in the office of 
Mr. Bacon? — ^A. Yes, sir. 

Q. The duplicate tally sheets kept during the day? — A. Yes, sir. 

Redirect examination by Mr. Adams: 

Q. What was the politics of Mr. Knapp at the time he acted on the board,, 
if you know? — ^A. He was a Republican. 
Q. E. W. Knapp?— A. Yes, sir. 



78 CARl^EY VS, SMITH, 

Q. This roiin iu wliirh tho elcM-iioii was lieUl that day was a part of the room 
Th;.r \v i< i!>f(l by the lirt' tlviiaiiUHMtV A. Yes, sir. 

0. IIuw laij;o was the eiiLiie room iu whieli this election was heltlV — A. I 
think about liU by 30. 

g, Wiis tiiere ou that day, November 5, 11)12, auy tire apiuiratus iQ there? — 
A- Ves. sir. 

Q. What V- -A. I think the eiij^ine. the hose wai:on. and hose cjirt. 

Q. Your rieetiou board in the conduit of tliat election there occui>ied a part 
of that ^eiieial room for the imri)oses of this election?- -A. Yes. sir. 

Q. \\as the part that 30U occu[»ied for lioldiuji that tMectiou lliat d.iy iu nxiy 
way partitiontHl off from the general room? -A. By a railinj;. 

Q. What kind of a railinj:? -A. A wooden railing about ^ feet his;h. 

Q. How big was the railing; what was the railing made of; the size of the 
material it was made ofV -A. The standards uj) and <lown were about 1 inch 
in diameter and the top w^as j)robably 'A inches. 

Q. Was there auy way by which the i)art your board occupied for holding 
that elfvlion could be lockt^l so that nobtxiy could y^ot in there when the board 
was absent? — A. No. sir. 

Q. People could, I suppose, go under the railing or step over it, could they 
not? — ^A. They could not get under it because there were standards up and 
down: they could stei) over it if tliey wanted to, I supimse. 

Q. The nienibers of the tire department occupietl that room that day? — ^^V. 
They didn't occupy it that day. 

Q. AVas there more tlian one door to the room? — A. Two doors, three doors, 
four doors. 

(^ Four doors tliat entcrt^l that room in w-hlcli this election was held? — 
A. Yes. sir. 

Q. I5i \nii know whetlicr any one or ones of the eli^/ticni board had the keys 
to e cii . : every door that cutcreil that voting place tliat day?--A. I couldn't 
tell you. 

Q. \\ I t> I you left there .'t ni^^ht. 12 o'clock, took that adjournment, were 
there any members of tlie lire (h'partment in the room?- A. Not that I know t»f. 

Q. I>id any memi)ers of that tire dei)artment stay iu that room during the 
hours of the da^' named? - A. No, sir. 

SYLVKSTKll FRANKS, he!])- lirst sworn to testify to the truth, the whole 
truth, and nothing but the tnith. te^tiliiMl on behalf of the contestant as follows: 

» 

Direct examination by Mr. Adams : 

Q. Mr. I'ranks. where do yon reside':- -A. I reside in Sunfield. 

Q. In the county of l.'ainiiV -A. Yes, .sir. 

Q. ^^'ere you residing ihere on the Oth day of November, isn2. election 
then? — A. Yes, sir. 

Q. Your age is what? — A. I will so(»n be 00, the tJth of Man'h. 

Q, DmI yon hold ruy odu^al |'o-;i(ion in the township of Suntield on the 5th 
day of Noveml)er, 1012? — A. In regard to the elect i(»n, I did not. 

Q. I don't mean that, but were you a township oflicer'/ — A. Yes, sir: I was 
marshal. 

Q. You were marshal of the village of Sunfleld? — A. Yes, sir. 

Q. On that day? — A. Yes, sir. 

Q. How long prior to that day were you or had you been serving as town 
marshal'.'' — A. It will be thnn* years tlie 1st of April. 

Q. Were you performing ycur duties in and around the village on the 5th 
day of November, 1012'^— A. Yes. sir. 

Q. Were you ab(»ut in the vicinity of the voting place In that village on that 
day?- A. Yes, sir. 

Q. Did you vote there that day? — A. Y'es, sir. 

Q. Were you or not ])erforniing your duties (m the night of the 5th day of 
November, 1912, as marshal? — A. Yes, sir: I was. 

Q. Did you st?e any of those who you understood to be members of the elec- 
tion board around the town of Sunfleld after 12 o'clock, November 5, 1912—12 
o'clock at night? — A. Well, now. I couldn't tell you exactly to just the hour, 
but it was somewhere about that time that I saw two of them. 

Q, Who did you see? — .\. I saw Mr. Ma pes and Mr. Hager. 

Q. Where did }'<m see them? — A. They came into the barber shop where we 
wore getting the ele<'tion returns. 

Q. Whose barber shop was thiit? — A. Thomas & Dunn's. 



CA.BNBY VS. SMITH. 79 

Q. IIow f;:r from tlie \ih\ce where the olerrtlon was held on the r)th dny of 
No^eiiiher. 1012, w s this brluT sJiopV— A. Well, now, I shnnid judge nl><)n*t 25 
rodH, mrsybo a little more or a little less than that; I think between 25 and 
30 rods. 

Q. Were yon in the barber shop? — A. Yes, sir. 

Q. Wf*re \(*u in there be^'oro these gentlemen cnme in? — A. Yes, sir. 

Q. I ne.'iTi rhnt nierht?— A. Yes, sir. 

i^. They were getting the ele tlon retnrns, you sny, at the barber shop?— A. 
Yes, sir. 

Q. Who dill jon see come in there V — A. Herman Mapes and Mr. Hager. 

Q. I>id yon see Mr Knnjtp there? -A. No, sir; I did not. 

Q. In tlie barber shoj??- A. No. 

Q. St- te wiie'ier yon h-nl s(hmi this same Mr. M-apes and the same Mr. 
Hjiger aeting on the eleetion boj.rd there at the voting place in Snntield on the 
5th d* y of N«»vember 11)12. — A. I bad, sir. 

Q. Did you ha\(» any tnlk with either of these two members of that board 
that night in the b.-irber shop?- A. I did not personally, but I was there. 

Q. Did you hei'r iheni S4iy anything? — ^A. I heard Mr. Majtes say he had 
adjourned. 

Mr. Fkliows. I object to that as hearsay. 

Q. Wh; t did Mr. Mnpes s:iy? — A. IT^ said they hsid adjourned imtll moriung. 

Q. Did y<ju >ay anything (o him? — A. I s{)oke up and snys, " I don*t think 
you lave any right to do that.** 

Q. Wtiat did be say in reply to whnt you said? 

Mr. Fkli ows. We objert to tlnit j^s Imnniterial. 

A, I ''Mu'r think 1 o <iu(\ jmyrtiing bsick to what I Jiskod him or to what I said. 

Q, Did ynu go to the p'ace where the ele<*tlon hiid been held the 5th day of 
No\pn!»er. liH2, after you met Mr. Mapes and Mr. Hager in the barber shop? — 
A. I did. 

Q. Wlar tin?e did yon get baek to tlie voting place? — A. I think it wns be- 
tween 12 and 1. sen^e time. 

Q. Wj s tliat bet'oif or ;»l'l«'r yon sjiw Mr. Mapes and Mr. linger in the l>}irber 
shop?- -A. Tliat w:«s after. 

Q. What was giung on down there to the voting place when you got back 
after linving siMMi these men in the b;irl>er shop? — A. They were commencing to 
I'oinit !he \'.|«-s ji;^ in. 

Q. Who v:is dninz thit?-.\. Mr. Knapp was there and Mr. MaiKis. Mr. 
Hager. and Mr. I'aeon. 

Q. Any others'; -.\. No. sir: not thnt I remember. 

Q. Did you go down from the hnrber shop when they went down— that Is, 
when Mr. Mapes .-nd .Mr. Hager went down to the voting place? — A. No, sir. 

Q. H<iw long di<I you stny thr^re after y<ni went to that voting ])lace. after 
you left thMt barber shop iiiat night? — A. I don't think 1 st.iyed over It) ndnutes. 

Q. Did you go b uk to that voting pUice again that night?- -A. No, sir. 

Q. Did you go back there the next niorning. on the tUh*.' — A. No, sir; I did not. 

Q. Di<I you have a key to the room in which the election was held on the 5th 
day of Nox ember. 11)12'/ — A. I have a key to that part. 

Q. Did you have a key that day, that night, to that room? — A. I have a key 
to that at all times that I carry. 

Q. Did you have at that time? — A. Yes, sir. 

Q. Tliat election was carried on in the engine room? — A. Yes, sir. 

Q. Of the tire department? — ^A. Y'es. sir. 

Q. Were there any other keys around anywhere that you know of "i* — A. Yes, 
FBr. 
Q. Was there one of thefe keys usually kept there? — A. Yes, sir. 
Q. Where? — A. It was kept right in a little tin box by the side of the small 
door that goes into thnt same part. 

Q. So if a fire occurs anybody can go to that little tin box and get tlie key 
and o[)en the door and go into this room? — A. Yes, sir. 
Q. Was the tin box kept locked?— A. No, sir. 
Q. No lock on the tin box? — ^^\. No, sir. 

Cross-examination by Mr. Mayn.\rd: 

Q- You had a key with you that night? — A, I had the key I always carry 
Myself. 

Q. You had it that nIght?-A. Yes, sir. 

Q. Did you go and unlock the door when no one was there? — A. Not Unit 
night, I didn't. 



80 GABKEY VS. SMITH. 

Q. You didn't let anybody else take your key, did you?— -A. Not the key I had. 

Q. You know of no one who used that key to open that door that night? — 
A. Not the key I carried, they didn't, because I always have that myself. 

Q. When you got back to the engine house, after you left the barber shop, you 
say you saw Mr. Knapp and Mr. Mapes; what were they doing?— A, Mr. Knapp 
and Mr. Mapes were tallying. 

Q. Keeping the tally? — ^A. Yes, sir. 

Q. Mr. Hager, one of the inspectors of election, and Mr. Bacon— they were 
there counting the ballots?— A. They were there. 

Q. That is what they were doing?— A. Yes, sir. 

Q. They were engaged in that business when you went In? — ^A. Yes, sir. 

Q. How long did you stay there? — ^A. I think I was there about 10 minutes. 

Q. They were engaged in that business when you left? — ^A. Yes, sir. 

Q. You say you saw Mr. Mapes; what office did he hold?— A. He was one of 
the men that tallied. 

Q. Was he township clerk? — ^A. I think he is, but I will not be really positive. 

Q. And Mr. Hager was on the street? — ^A. I didn't see him on the street; 
understand me, I was in the barber shop ; I didn't see them on the street at all. 

Q. You don't know where Mr. Bacon and Mr. Knapp were at that time? — 
A. T^o si r 

Q. Was that after midnight?— A. I think when I saw them I don't think it 
was. It was somewhere about 12 o'clock ; I will not be positive about that. 

Q. Do you think a little after midnight? — A. I would not say positively. 

Q. You don't know? — A. It was somewhere right about that. 

Q. They didn't remain in the barber shop long? — ^A. I should judge about half 
an hour. 

Q. Then they went back? — ^A. They went somewhere. 

Q. You saw them back there, didn't you? — ^A. Yes, sir. 

Q. Y'ou followed them right up? — A. I didn't follow them right up. 

Q. How quickly? — A. I don't know. 

Q. Ten minutes? — A. I will not say about that. 

Q. You don't know? — A. I don't Just remember how long it was, but I went 
over there — me and Charlie Lanquest — to the depot, and there we got the re- 
turns on the President and governor. 

Q. Then you went hack up there? — A. Yes, sir ; I went down to the town halL 

Q. And you found them to work? — A. Yes, sir. 

Q. You don't know^ of anyone else opening that place while they were absent, 
do you? — A. 1 don't know; they would have to have a key to get in; I didn't 
let them in there. 

Q. You don't know of anyone gding in there? — ^A. No, sir; I do not. 

Q. You didn't see anybody go in there? — ^A. No, sir. 

ROSSLYN L. SOWERS, being first duly sworn to testify to the truth, the 
whole trutli, and nothing but the trutli, testified on behalf of the contestant as 
follows : 

Direct examination by Mr. Adams: 

Q. W^here do you live?— A. City of Charlotte. 

Q. How long have you lived here? — ^A. About 14 years. 

Q. Were you living here on the 5th day of November, 1912, and for several 
weeks inmiediately following that? — ^A. I was. 

Q. You are an attorney by profession? — ^A. Yes, sir. 

Q. Your age?— A. I am 42. 

Q. Did you have any occasion to or did you visit the office of the clerk of the 
county of Eaton within a day or two after the 5th of November, 1912? — ^A. I did. 

Q. In reference to the election returns, when did you, If at all, visit the 
clerk's office of Eaton County next follow^lng that election? — A. Well, I think I 
was in there the day following the election ; I was also in there the day follow- 
ing that. I recall one particular instance. 

Q. What occurred when you were in the clerk's office on the 7th day of 
November, 1912? — ^A. I went In there in company on that occasion in the after- 
noon with Mr. Towne and Johnson. 

Q. What Towne? — A. Frank Towne and Frank Johnson, to look over the 
votes that I learned were there from the various precincts, or a portion of them. 

Q. What office are you spc^aking of? — A. The county clerk's. On the 7th of 
November we went over the I>ookB that were there on that occasion — the state- 
ment book and tally sheets, or a portion of them. We went over the books 



OASinBT y& SMITH. 8L' 

there — the statement book and tally sheets. If the statement books were there, 
we went over the statement books; and where the statement books were absent 
we looked over the tally sheets. 

Q. Were those statement books and tally sheets when you examined them on 
that day contained in envelopes or not? — ^A. No, sir; they were not in tte 
original envelopes in which they were forwarded to that office. 

Q. Were there any returns from any precinct or any precincts of the countj 
of Eaton missing at that time? — A. The statement books of some of the town- 
ships were not there: also the returns from certain townships at that time 
hadn't — the statement books from some of the townships were not there. 

Q, Do you remember what townships the statement iKwks were not there? — A. 
I couldn't say exactly ; there were two or three of them, at least. 

Q. Were there either tally sheets or statement books from every precinct in 
the couuty of Eaton there in thnt office at that time? — A. I think there were, or 
they came in during the time we were there. 

Q- Do I undeistnnd you to say ttiat you looked those statement books over and 
the tally sheets at that time? — A. Yes, sir. 

Q. Did anybody assist you in doing that? — A. Mr. Towne and Mr. Johnson' 
and myself were engaged in that; I read off the list from the t>ooks tliat were 
there and Mr. Johnson and Mr. Towne each took down the figures so far »i 
particular ones, particular candidates, had been voted for. I think then Mr. 
Towne and Mr. Johnson {)ersonal]y looked over the principal ones and verified 
the figures. 

Q. Were there any others in the office at that time? — A. There were quitp 
a number, seveial people — John C. NMchols, Ernest Pray was there, and John 
Davis, of Battle Creek, was there, a Justice of the peace in Battle Creek. There 
were several other people that I do not recall; I didn't notice them all. John 
M. C. Smith's daughter was in there. 

Q. A daughter of Congressman Smith? — A. Yes, sir. 

Q. What time of day did you go In there on the 7th? — A. I should say some- 
where between 2 and 3 o'clock, just exactly the time I could not say; it 
might have been a iittle later. 

Q. Where did you find the statenient book when you went in? — ^A. There wree 
a iiortion of them on the dei-k at which Mr. Nichols was sitting, the clerk's desk, 
iibout the middle of the office. 

Q. Was that in the public office? — A. Yes, sir. 

Q. Of the county clerk? — A. Yes. sir. We took those and carried them across 
to the north side of the desk or table on the north side of the room ; while Mr. 
Johnson sat at that table I was standing up, going over the books. All of them 
were not there at that time, but afterwards we got them from tlie office, private 
office of the county clerk — those we hadn't at first gotten. 

Q. Is the John C. Nichols you mention the same John C. Nichols who wa«J « 
candidate for circuit court commissioner on the liepublican ticket at the NoveB»- 
ber 5, 1912, election, in this county? — ^A. Yes, sir. 

Q. Did you have any talk with Mr. Nichols at that time? — A. Yes, sir; I 
had a conversation with him when I first went in; there were several of us 
who were engaged in that conversation — Mr. Towne and Mr. Johnson and Mr. 
Nichols and myself, and several others were engaged in the conversation; it 
was not between any one person and Mr. Nichols particularly, but Mr. Nichols 
was talking to the three of us rather. 

Q. What talk did you have with him? 

Mr. BELLOWS. That is Immaterial. 

A. I told him we would like to look over the books, or asked hUn if those 
were the books, and he said they were. We told him we would like to look over 
the books and see the result on certain officers or certain candidates that had 
been voted for. He says, ** I have them already tabulated," and gave us tlie 
totals according to his tabulation. 

Q. What totals did he give you? — A. 1,027 on Congressman, was what we were 
i)artlcularly interested in and inquired about. 

Q. 1,027 what? — ^A. 1.027 plurality on Congressman Smith in this county over 
the highest competitor. We suggested to him that we would prefer to go over 
the books ourselves and make our own tabulations, and we did. 

Q. Did he say anything about the necessity of going over those? — A. He said 
he had gone over it and made these figures fi'om the books to avoid Uie neces- 
sity of going OA'er them. If we wanted to take his figures. 

Q. Did you go over those books yourself? — A. Yes, sir. 

286—13 6 



82 CABNEY VS. SMITH. 

• Q. What did you find from your iDvestlgratiou different lA the footings be- 
tween Congressman Smith's and Carney's vote for Representative In Con- 
gress?— A. We found it to be 912 in favor of Congressman Smith. 

Q. Mr. Davia you said, was in there? — A. John Davis, of Battle Creek; yes, 
sir. 

Q. Do you Icnow whether Mr. Davis was interested In the political cam- 
paign? — A. Nothing only what statement he made to me. 

Q. What did he say? 

Mr. Maynaro. We object to that as incompetent and immaterial. 

A. He snid he was one of the committeemen from Battle Creelc. 

Q. What committeemen? — A. Congressional committeemen from Battle Creek. 

Q. Now, did you see, when you were In there at thnt time, any of the en- 
velopes in which the election returns supposedly had come into the clerk's 
office? — A. Yes, sir; I saw the envelopes there. If I said that none of these 
books were in the envelopes, I will say that some of them might have been in 
therje ; we took them out in going over them. 

Q. Did you find any of these envelopes sealed when you were in there? — ^A. 
No, sir; not in that ofilce. 

Q. When you determined the difference in the vote between Congressman 
Smith and Mr. Carney for the oflice of Representative In Congress to be 912 
on said occasion you have testified about, did you have any talk with Mr. 
t>flvl8 thei'e in the clerk's ofilce about that figure? — A. Yea, sir; not particu- 
larly as to that. I don't recollect talking with him about that; It was more 
about the majority — ^how it stood, rather. I don't recollect any particular con- 
versation with Mr. Davis at that time about that particular figure. 

Q. After you had looked these figures ovet and found the difference was 
912 between those two candidates, what, if anything, did Mr. Davis say there 
about the difference being greater than 912; if so, what did he claim instead of 
that? 

Mr. Maynard. Objected to as incompetent, irrelevant, and Immaterial. 

A. I don't recollect, but I could not undertake to state what the conversa- 
tion was exactly. I recollect there was some conversation. 

Q. Who brought out from the private ofilce the returns which you did not 
get that day in the clerk's office In the first Instance? — A. 1 would not be 
able to state that; they were brought out on our suggestion that they were not 
all there. 

Q. Do you know who was In the private office where the balance of those 
returns were from which they came to you that day? — A. Well, Mr. Davis 
had been going over some of the books in there. 

Q. In the private olfice? Did you see a door between them? — A. Yes, sir. 

Q. Do you know of any one else having been in that private office at that 
time? — A. I do not. 

Q. Did you have any conversation with John C. Nichols there In the clerk's 
office about these election returns, the manner in which they had been handled, 
or anything of that kind; If so, what was it? — A. I suggested to Mr. Nichols 
that I knew of no authority in law for the books to be opened up and the seals 
broken. I protested, or suggested to him rather, that I didn't think they had 
any such authority. 

Q' Did he make any remark to that? — A. It had been done, he said. 

Mr. Maynard. I object to that as incompetent and immaterial. 

Witness. At that time he told me It had been done, they had done It before, 
and he thought he had a right to. 

Q. Who was in charge of the clerk's office at that time, claiming to be in 
charge of It? Actually in charge of It — I will put It that way?— A. I suppose 
that Mr. Pray was, from some conversation I had. 

Mr. Maynaed. I object to what his opinion or presumption is or what he 
suppoFi^s as incompetent and immaterial. 

Q. What do you mean by that? — A. During the time we were there in the 
office Mr. Pray was answering a telephone call 

Mr. Maynard. We object to that as Incompetent, Immaterial, and hearsay. 

A. (Continuing.) And he reported, Mr. Pray did, to Mr. Nichols and those 
who were present the result by precincts of the vote on Congressman from 
Hillsdale C5ounty. In answer to a question over the phone — I don't know what 
the question was — he says, " You are talking to Earnest Pray, county clerk of 
Baton County. You will meet me in Lansing after January 1, at the house of 
representatives. I would be pleased to meet you." I don't know what the ques- 



CABNEY VS. SMITH. • 83 

tion was. Mr. Praj was elected on the Republican ticket as representative from 
this county. 

Q. Was John C. Nichols in the room at the time Mr. Pray made that state- 
ment?— A. He sat at the desk taking down the figures, not 2 feet from Mr. 
Pray. Mr. Pray was standing at the edge of the desk, the receiver of the tele- 
phone on the desk to a cord. John C. Nichols was at that desk taldng the 
figures down as Mr. Pray read them off. 

Q. Mr. Pray was using the telephone?— A. Yes, sir. 

Q. Did Mr. Pray announce those figures as he got them through the tele- 
phone? — ^A. He announced them precinct by precinct over the telephone ; reported 
them, and they were taken down. 

Cross-examination by Mr. Maynabd: 

Q. Mr. Sowers, you are a practicing attorney in this county?— A. Yes, sir. 

Q. You speak of the private office in the clerk's o li -e. Was one room more 
public than the other? — A. There is a public office s iitl n door between them; 
I don't know whether you would call it a private office or public office; I know 
the attorneys and people generally have access to that office if they care to go 
into it 

Q. The attorneys go through into the vault, if they want to, where the records 
of the court are kept? — A. Yes, sir. 

Q. If you go into the office and you find the deputy clerk in the front office, 
and you want to see the clerk, you go through without any announcement into 
the other office? — A. Yes, sir; one is rather an outer office, and the other an 
inner office. 

Q. The inner has an outer doqr the aime as the other? — ^A. Yes, sir; I would 
not call it private, yet there is more privacy to that office than the other, being 
the inner office. 

Q. The typewriting machine is in the back office? — ^A. In the second office ; in 
the second room ; that is where they do their work. 

Q. The first office you go into is the one in the northeast comer? — ^A. Yes, sir. 

Q. There is a door between the office you refer to as the private office, to the 
west of it? — ^A. To the west of it ; yes, sir. 

Q. The corridor runs along at the south of both of these rooms? — ^A. Yes, sir. 

Q. There are doors opening from both of these offices into that corridor? — 
A. Yes, sir. 

Q. There is no sign or painting anywhere to show you that one is called a 
private otBce and the other a public office? — A. I am not certain whether on that 
inner office there is a door with glass In It that has " Private" on it or not. 

Q. You never saw it? — ^A. It seems to linger in my memolry there is, but I will 
not say without going down and looking at it. 

Q. Don't you know that a good deal of the time that door opening from the 
west room Into the corridor stands open? — A. Yes, sir. 

Q. And the public generally go into the one as well as the other? — A. I have 
gone through there, and I have observed other people going through. 

Q. There is a drinking fountain right near the door of the west office? — ^A. 
Yes, sir ; to the right of it some few feet 

Q. People can go from that drinking fountain Into either office? — ^A. Yes. sir. 

Q. Did you see Mr. Davis in that west room taking figures? — ^A. No, sir; I 
saw Mr. Davis in the other room. 

Q. That is when you say he had been in there taking figures? — A. If I 
answered you in that way, I say I saw Mr. Davis In that room, and those books 
were in there or a portion of them were in there. 

Q. Do you know from what precinct? — A. No, sir; I can't remember that. 

Q. There was nothing to prevent anyone going Into either room to examine 
those books at any time? — A. Not that I know of. 

Q. They were open to the public? — A. They seemed to be. 
Q. When part was in one room and others might be examining them, and 
part In the other room? — A. Yes, sir. 

Q. Part of them were on the table In the southeast comer of the front office, 
and you went and examined them there? — A. About 6 or 8 feet from the clerk's 
desk. 

Q. Did you examine all those books at that time? — A. I went through those 
books, every one of them. 
Q. With reference to what office? — A. We tabulated the vote on Congressmen. 
Q. Any other? — ^A. I don't think so at that time. 



84 • CARNEY VS. SMITH. 

Q. You were there in the Interest of Mr. Carney? — ^A. I was requested to go 
over and take those figures down; there seemed to be some question on 
Congressmen. « 

Q, You were there looking up those figures? — ^A. We were looking up those 
figures. 

Q. You examined all those books? — ^A. Not at the request of Mr. Carney; I 
will not say that. You asked me whether I was there at his request; I was 
looking up the records. 

Q. In Mr. Carney's interest? — ^A. Call it what you have a mind to. 

Q. You examined all those books? — ^A. Yes, sir. 

Q. You didn't see any evidence of an alteration on those books in that office? — 
A. I think I saw there some evidence on a book, of it having be^i scratched out 
and the figures rewritten ; I will not say an alteration or what it was. 

Q. Can you tell whether an alteration or an erasure? — ^A. I could see it was 
an erasure; I can't say whether an alteration or not 

Q. Of a figure? — ^A. Figures or w^ords. 

Q. Was it words? — ^A. I will not say positive which it was. 

Q. Which township was it? — A. I couldn't say now. 

Q. Can you pick out the book now? — A. I can pick out the book and show 
you. 

Q. All right; pick it out. Did you examine more than one such place? — A. I 
would not be positive that I did. 

Q. Do you remember of more than one? — A. Well, I don't say that I saw more 
than the one. I saw some places where — I don't know whether more than that ; 
I will not say. ^ 

Q. Did you compare that with the tally sheet? — ^A. No, sir; I did not make a 
comparison with the tally sheet. 

Q. You don't know whether it agreed with the tally sheet or not? — A. No, sir. 

Q. Did you have any tally g«heets at all? — A. I examined the tally sheets 
where we didn't get the statement book. This don't seem to be the statement 
books of all the townships; for instance, Charlotte, fourth ward. I am looking 
for the statement book. Have you the statement books separately there? 

Q. Just a minuto. Is tills one of the books you referred to? — A. I observe 
there is one book from the third w^ard of Eaton Rapids; I am not positive 
whether that is one of them or not. 

Q. Will you state on the record here whether there is any sign of an altera- 
tion or change in this where the number of votes are written out in full? — ^A. 
I don't observe any change in the words. 

Q. Is there any sort-of an interlineation or alteration or erasure on the paper 
where it Is written? — A. No, sir. 

Q. But you observe the figures w^here they made them are blotted? — A. I 
obsene that some of them had been and some erasures of some figures; evi- 
dently 40 was the result. 

Q. But not where it was written? — ^A. No, sir; but the figures. 

Q. The figures evidently were made incorrect in the first place and then made 
over? — A. Yes, sir. 

Q. But where it was written out there was no change? — ^A. I don't recollect 
of any change. 

Q. I just want that on the record. You found no evidence of any change? — 
A. No, sir: not on that book of any change; the figures and words didn't always 
agree, however. I do not find but a couple of the statement books here. [More 
books handed witness.] Aside from the one referred to, I don't see any here 
at the present time. 

Q. What precinct is that?— A. Roxand, I think; I am not certain as to that; 
sometimes you pick a book up where there seems to be an erasure in the fiigures, 
but the figures agree with the words. It was ESaton Rapids; that is the only 
one I see now. 

Q. First come the candidates' names? — ^A. Yes, sir. 

Q. *' Whole number of votes given for the office of Representative in Con- 
gress" is how many, written out? — A. Two hundred and five. 

Q. In the first column the candidates' names appear? — ^A. Yes, sir. 

Q. What is the next?— A. Then the words "Vote received." 

Q. Written afterwards out at length? — A. Yes, sir. 

Q. After the name John M. C. Smith, do you see 81? — A. Yes, sir. 

Q. Is that written in a plain, legible hand— the 81?— A. Yes, sir. 

Q. There are no alterations or erasures of the paper at all? — A. No, sir. 

Q. It is fair on tlie face?— A- Yes, sir. 



OABK£Y V8. SMITH. 85 

Q. For Carney, written In full? — A. Seventy. 

Q. In plain handwriting? — ^A. Yes, sir. 

Q. Following the 81 figures, It is written?— A. Yes, sir. 

Q. The same? — ^A. Yes, sir. 

Q. It has been 81, only the figures are blotted, and they have written over 
the same figures? — A. Yes, air. 

Q. Thnt agrees with the written words? — A. Yes, sir. 

Q. In the word *' seventy " the word Is written full, and afterwards it seems 
to have been changed from 75 to 70? — A. The figures are blotted. 

Q. It looks as though changed from 75 to 70 to agree with the words? — ^A. 
Yes. sir; looks as though it might. 

Q. Did you look at the tally sheet of that ward? — A. I did not. 

Q. You didn't have any doubt about these figures st nding for the same as 
the words written before them? — A. I don't kuow that I stopi)ed to consider 
thnt. 

Q. Well, consider it right now. — A. I have no doubt but what these figures 
now agree with the words. 

Q. This Is as it stood when you took those books and figured up the figures 
that day when you were in the clerk's oflice? — A. I will not swear these figures 
are the same now as then ; I have not the correct figures in my mind. 

Q. You know these words have not been altered? — A. No, sir; they have not 
been altered. 

Redirect examination by Mr. Adams: 

Q. There is another one there is a little change In [handing witness book]. — 
A. Yes, sir; the third ward of Eaton Rapids, the one referred to. 

F. B. JOHNSON, being first duly sworn to testify to the truth, the whole 
truth, and nothing but the truth, testified on behalf of the contestant as follows: 

Direct examination by Mr. Adams : 

Q. Mr. Johnson, where do you reside? — A. In Charlotte. 

Q. How long have you lived here? — A. About two years and a half. 

Q. Did you live here on the nth d«y of November last year? — A. Yes, sir. 

Q. What is your age?— A. I am 60. 

Q. Did you take any part at the fourth ward ele(»tion in the city of Char- 
lotte, in tLe county of Baton, on election day, November 5, ll»12? — A. I acted 
as challenger there for the Democrats by request. 

Q. What time did you go to the voting place on that day In that ward? — ^A. I 
got there just a few mlnutt^ after the rest of the oflicers were sworn In. 

Q. About what time did you get there? — A. About 10 or J5 minutes after 7 
o'clock In the morning. 

Q. Did you stay there until 5 o'clock that night? — A. Almost continuously. 

Q. Were you away to your dinner at noon? — A. Yes, sir; I stepped out to a 
restiiurant and had a bite. 

Q. You acted as challenger for the Democratic Party In that precinct? — A. 
Yes, sir. 

Q. Did you challenge the vote of anybody there that day? — A. I did one; yes, 
sir. 

Q. WhPt time in the day did you do that? — A. I think It was about 11 o'clock. 

Q. Did the party vote whose vote you challenged? — A. No, sir. 

Q. Did anything occur after that challenge there In connection with the elec- 
tion or any member of the election hoard with reference to the challenge you 
had made that you recollect now? — A. Some remark was made about me hav- 
ing challenged a Democrat. 

Q. Who made that remark? — A. Mr. Greenman. 

Q. What Is his first name? — A. The alderman of that ward, James Oreenman. 

Q. Was he acting on the election board that day? — A. Yes. sir. 

Q. He was what— what officer, insi)ector?— A. One of the inspectors; yes, sir. 

Q. Who were the other inspectors there that day? — A. Mr. Pope, another 
alderman in that ward ; Mr. Porter deposited the ballots In the ballot box. 

Mr. Adams. I have had the poll book for the election held on the 5th of 
November, 1012, In the fourth ward of the city of Charlotte, county of Eaton, 
State of Michigan, marked " Exhibit 14." I will read a little of page 2 of 
this book. [ Reading : ] 

"State of Michigan, County of Eaton, ss: 

••I do solemnly swear that I will support the Constitution of the United 
States ana the constltntloo of this State, and will faithfully discharge the 



« 



86 OABKEY YB. SMITH. 

duties of the ofiflce of Inspector of this election held on Tuesday, the 5th day 
of Noveml>er, 1912, according to the best of my ability. 

*"i A. POPK, 

" Taken, subscribed, and sworn to before me this 5th day of November, 1912. 

William Jobdan, Notary Public. 

** My commission expires February 13, 1915." 

State of Michigan, County of Baton^ ss: 

I do solemnly swear that I will support the Constitution of the United 
States and the constitution of this State, and will faithfully discharge the 
duties of the office of inspector of this election held on Tuesday, the 5th day 
of November, 1912, according to the best of my ability. 

"J. A. Greenman. 

*' Taken, subscribed, and sworn to before me this 5th day of November, 1912. 

"William Jordan, Notary Public. 

"My commission expires February 13, 1915." 

" State of Michigan, County of Eaton, ss: 

** I do solemnly swear that I will support the Constitution of the United 
States and the constitution of this State, and will faithfully discharge the 
duties of the oiUce of inspector of this election held on Tuesday, the 5th day 
of November, 1912, according to the best of my ability. 

" Marian Porter. 

" Til ken, subscribed, and sworn to before me this 5th day of November, 1912. 

"William Jordan, Notary Public. 

" My coumiissiou expires February 13, 1915." 

Mr. Adams. And from the same exhibit the following: 

" State of Michigan, County of Eaton, ss: 



(t 



CERTIFICATE OF INSPECTORS. 



i< 



We do hereby certify that the foregoing poll list has been carefully com- 
pared by us with the duplicate poll list, as required by law, and all mistakes 
found in such poll lists have been duly corrected by us and that said poll lists 
are now correct and agree with each other. 

" In witness whereof we have set our hands at Charlotte, in said county and 
State, this 5th day of November, 1912. 

" C. A. Pope, 
"J. A. Greenman, 
" Marian Porter, 
"Inspectors of the general election held on 

''Tuesday, the 5th day of November, 1912.** 

Q. This Greenman you speak of was, you say, an insiiector at that election? — 
A. Yes, sir. 

Mr. Adams. He was a Republican alderman of that ward. 

Mr. Matnard. We concede that; so was Mr. Pope. 

Mr. Adams. How about Mr. Porter? 

Mr. Maynard. I don't know about that. 

Q, Do you know the politics of Mr. Porter? — A. I think I do. 

Q. What were his politics on the 5th day of November? — ^A. I think he was 
a Bull Mooser. 

Mr. Adams. Do you conce<le that Mr. Pope was an inspector on that day? 

Mr. Maynard. Yes. 

Q. What talk did you have? What occurred there on that election day in 
that voting place with reference to that challenge you had made? Just state, 
as near as you can, Mr. Johnson, what the conversation was, and with whom. 

Mr. Maynard. We object to that as immaterial. 

A. The challenge for this man was left there with me by Mr. Childs, an out- 
side party, claiming he was not a resident of the ward. He took his ticket 
and got to the door of the booth, and ready to step into the booth, and I says, 
** There is a challenge left here, Mr. Pope." He stopped then and hesitated a 
little about what course to take, and I suggested to Mr. Pope he had better 



CABN£T YB. SMITH. 87 

take his ballot before having been marked and question him and ask him how 
long he had been in the ward, and be said he moved in a week ago last Monday. 
I says to Mr. Pope, " That evldenUy settles it ; he has to be in the ward 20 
days." They asked him from where he had moved there, and he said he moved 
over from the side, from the third ward, and Mr. Pope told him he would 
have to go over there. I said it would probably not do him any good if he had 
moved out of there within 20 days. They took the ballot and pasf>ed It to the 
next man that came in. The remarks you refer to. I suppose. Is what Mr. 
Greenman said in regard to it The next two or three men were evidently 
Democratic voters. As they came in he charged them to look out, they might 
get challenged: that Mr. Johnson was challenging the Democratic voters that 
came in. I evidently said to Mr. Greenman, *' I think that is out of place; 
yon have no right to make such remarks inside the voting place." Mr. Green- 
man says, " We have been in the habit of ininning the election here, and I think 
we know how without any advice from outside." Something to that effect I 
don^t know that those were the exact words. I suggested to him there might 
be some course to make him run it according to law, and that ended it That 
i» all there was to it 

Q. Was there anything s>jid there that day to voters about voting the county 
ticket by any of those who were doing the work in connection with that election 
board? — ^A. There was, in the morning. 

Q. What was paid? — A. Mr. "Pope and I had a little argument about whether 
it was the proper thing to call the voters' attention— Bull Moose voters* atten- 
tion — to the fact that they hrd no county ticket 

Q. Did Mr. Pope call attention to any of those who came there to vote that 
day to the fact that there was no county ticket on the Bull Moose or Progressive 
ticket on the ballot? — A. No, sir. 

Q. When did this talk with Mr. Pope occur? — A. In the morning. 

Q. Before any voting was done? — A. Practically ; yes, sir. There might have 
been a few votes in. 

Q. Did Mr. Pope sjiy anything to any of the voters there that day about 
voting the county ticket, in your presence? — ^A. There were one or two that- had 
asked for instructions. Mr. Pope apked them if they wanted to vote the county 
ticket 

Q. Were those the only ones he asked whether they wanted to vote the county 
ticket? — A. I think so; there were but a few that asked for instructions. 

Q. Now, did you go into the county clerk's oflSce here with Mr. Sowers, the 
witness who left the stand a few minutes ago. to examine nny of the retumB 
in that office — election returns? — A. I either went in with Mr. Sowers or met 
him after I'went in the office. 

Q. What time wns that? — A. It was on the 7th of November last 

Q. Tell what occurred while you were In there, and whnt you did and who 
was present, as far as you can. — A. Well, we had been getting the returns at 
the Democratic headquarters, and there was considerable confusion about the 
vote on Congressmen. 

Q^ Get to the county clerk's office; what occurred there? — A. I atnrted to the 
county clerk's office ; I understood the returns were there to be looked over, and 
I thought I would go and find out what the actual vote was. I met Mr. Towne 
at the comer near the drinking fountain, at the corner of the courtyard, and 
asked him to go up with me. I thought it would be a good Idea to look it over. 
Whether we met Mr. Sowers between there and the courthouse or after we got 
in I am not quite sure. At any rnte, when we got in we found the statement 
books on the desk, and Mr. Nichols had evidently just been taking off the vote. 
I think I personally naked Mr. Nichols If we could take the returns and talce 
off the vote on Congressmen, and he wild "Yes"; but he said, '* I have got the 
figures here; I have just taken them off, and it will save you the trouble; you 
may take my figures." I says, ** We prefer to copy them." And he turned 
thein over to us. Mr. Sowers stood by the desk and read the figures on Con- 
gressmen, and Mr. Towne and I made our figures separately. 

Q. From what? — A. From the figures Mr. Sowers read. 

Q. What did he read from? — A. From the statement book; my recollection !« 
that all the sUitement books were there, too ; two of them were tally sheets. Ond 
of those tally sheets was In lead pencil. We took the vote down and compared 
our figures and footed them up and both arrived at the same result. 

Q. On Congressmen? — A. Yes, sir. 

Q. What result did you arrive at? — A. 912 majority for Mr. Smith. 

Q. Or plurality?— A. Plurality. 



88 CARNEY VS. SMITH. 

. Q. What did the figures that Mr. Nk'hols turned over to you show the plu- 
ralfty to be on CJongressmen ? — A. Mr. Nichols — there was. 1.023 or 1,027; my 
taipresslon was that it was 23; hut Mr. Sowers says 1,027 in his testimony; it 
wag 1,020 odd. 

Q. Did you notice who was in the office at th*it time when you were there — 
during any of the time you were there that day? — A. I was not acquainted with 
any that were In the office personally, but afterwards I asked who they were. I 
dkln^t even know Mr. Nichols at the time; Mr. Tow^ne informed me • 

Q. (Interrupting.) Never mind that. — A. Mr. Nichols was there and Mr. Pray 
iiud Mr. Davis. 

Q. Did you hear Mr. Prj^y do any telephoning while you were there? — A. Yes, 
Bkr. 

Q. What did you hear? — A. I heard him read oflf the figures 

• Mr. Maynard. We object to that as Incompetent and immaterial. 

a: f Continuing.) And Mr. Nichols took them down. 

Q. Where did be get those figures from? — A. I understood they were from 
HlHsdaFe County. 

Q. Was Mr. Pray using the telephone? — A. Yes, sir. 

Q. Had he the receiver up to his ear? — ^A. Yes, sir. 

Q. When Mr. Pray called off some figures Mr. Nichols took them down? — ^A. 
Yes, sir. 

Q. This Mr. Pray did while he had the telephone receiver up to his ear? — A. 
TcB, sir. 

Q. What did j'ou hear Mr. Pray say while using the telephone at that time? — 
A. I heard him say, "After January 1 you might meet me at Lansing." 

Q. Did you hear him say anything about being the county clerk? — A. Yes, 
sir; that was when he first took the phone. 

Q. What did he say?— A. He says, "This Is the county clerk." 

Q. Was there anything said there to Mr. Nichols or Mr. Pray about the elec- 
tion returns being taken from the scaled packages that you heard? — A. There 
wd8 a little, I think. I think I said myself that It was a strange proceeding that 
they should have those books before they got to the board of canvassers. 

Q. Did anybody make any reply to that? — A. I didn't hear anything, only Mr. 
Towne was talking, and I was talking about the matter between ourselves. 

Cross-examination by Mr. Maynabd : 

Q. When you got in the books were lying on the table in the center office? — A. 
Yea. sir; they were out from the wall, in the first office. 

Q. Was the table near the window toward the north? — A. I think It was near 
the center of the room; the table we went to was over on the north side of 
the room. 

Q. Was there anyone examining these return books or statement books when 
you went in? — A. Mr. Nichols. 
. Q. Was he handling them? — ^A. Yes, sir. 

Q. Anyone else? — A. I didn't see anybody else. 

Q. There was quite a crowil iu there? — A. No, sir. 

Q. Did you say Sam Kobinson was in there? — A. I am not sure he wtis at 
that time. I tliink he came in before we went out. 

Q. Two of the returns wore not there from two precincts? — ^A. The tally 
sheets— the two statement books were not there. 

Q. Books of what townships? — A. I am quite sure that Roxand was one of 
them. I don't recollect about tlie other now. 

Q. Did you see the statement books while you were there? — Ji, No, sir. 

Q. Do you know of their being brought there while you were there, by mail? — 
A. No» sir. 

Q. Were you there when they were brought in? — ^A. No, sir. 

Q. Did you hear Sam Robinson's testimony yesterday? — A. No, sir. 

Q. In which he said w^hile he was there the statement books from two pre- 
cinctfJ were brought in by mail. Did you see that? — A. No, sir. 

Q. If they were brought in by mail It was after you left? — A. I think so. be- 
eause we took the votes from the tally sheets on Congressmen from tliose two 
precincts. 

Q. Were the tally sheets with some of the officers who were making the re- 
turns here furnished? — A. I don't quite understand that. Judge. 

Q. Before the official returns came In, the voters from about the ctnmty 
brought the returns to the county clerk's office for the Republican head- 
quarters? — A. I suppose so. 



CARNBY V|3. SMITH. 89 

Q. They did to your office, didn't they? — ^A. Yes, sir. We got most of them 
the night before 

Q. When jrou were there this afternoon of the 7th you supplied those places 
for which yon did not have the statement sheets by referring to certain tally 
sheets? — ^A. Yes, sir. 

Q. You don't Itnow where they came from? — ^A. I do not. I suppose they 
were put in the books by mistalie in place of the statement books. That was 
my impression at the time — that somebody had made a mistake and put in the 
tally sheets instead of the statement books. 

Q. If the statements were delivered later that afternoon it was after you had 
departed? — ^A. I don't know about that 

Redirect examination by Mr. Adams: 

Q. The statement books and tally sheets that you examined there, were they 
of like character as this that I hold before you now? — A. Yes, sir. 

Q. Did they or not purport to be the tally books or tally-sheet books — state- 
ment books — that wei*e signed by the inspectors of election? — A. I didn't look 
at the signatures on any of them. I Just looked at the vote of Congressmen and 
took it off ; I couldn't tell you as to that 

Q. Were those statement books and tally-sheet books that you examined there 
at that time the same ones that were handed to you or furnished by Mr. Nichols 
or Mr. Pray there in the office? — A. By Mr. Nichols. 

Q. John C. Nichols?— A. Yes, sir. 

Q. Were those books printed with the list of the officers or candidates for 
office in them? — A. Yes. sir. 

Q. You talk about the tally sheets; do you mean a sheet or was it what is 
called a tally-sheet l)ook? — ^A. A tally-sheet book; we always call those tally 
sheets. 

Q. When you mention in your testimony, then, **tally sheets," you mean 
what? — A. I mean tally-sheet book. 

Q. Before you came over here to look those books over with Mr. Towne and 
Mr. Sowers, had you received from any source any figures that was claimed 
to be the plurality of Congressman Smith and Mr. Carney for Representative in 
Congress? — A. At the headquarters; yes, sir. 

Q. W^hat headquarters? — ^A. The Democratic hendquartei-s. 

Q. Was this examination that you made of the tally-sheet books and state- 
ment books in the county clerk's office November 7, 1912, the only examination 
that you made of those books? — A. We made them twice that day — in the morn- 
ing with Mr. Sowers, and I went again In the afternoon: suggested that we go 
over and look the figures over ourselves for the reason that we might be called 
in court. We looked them over in the afternoon, so we could stjite the figures 
ourselves, and compared the fignres. 

Recross-examination by Mr. Maynard: 

Q. When John O. Nichols handed you those books, did he give them to you? — 
A. I think he did ; yes. air. In the afternoon we got part of them in the sec- 
ond room; some were in the front room and some in the second room. 

Q. Yon iooke<l at the tally book or tally sheet of Roxand?— A. My recollection 
is that Roxaud was in lead pencil in one of the tally-sheet books, 

Q. There is the tally sheet from Roxand; that is not In lead pencil? — A. 
No, sir. 

Q. What do you mean by "tally sheet?" — ^A. The books they make the tally 
on ; this is a statenient book, the book they make the statement on. 

Q. Is that the one you mean? IHandlng book to witness.] That is a tally 
book, isn't it? — A. That is In ink; the one I had refence to was in lead i>encll. 

Q. Then it was not this book?~A. No, sir. 

Q. This is the tally sheet book from Roxand?— A. Yes, sir. 

Q. If you looketl at the tally sheet, it was not that one, was it? — A. There 
are two copies of these tally sheet books, are there not? Are these the ones 
that came to the clerk's office? 

Q. Yes, sir. — A. Here is one in lead iiencil now. 

Q. Where is that from?— A. The township of Benton; that is probably the 
one I saw: I don't remember of but one being in lead iwncil. 

Mr. Adams. The totals are carried out with an indelible lead j)encil. 

Q. You think oo examination that this tally sheet from Benton is the one you 
referred to? — ^A. Y'es; I said I was not sure which township it was from, but 
I remember distinctly of one being in lead pencil. 



90 CABNBT 78. SMITH. 

Q. That is nn Indelible pencil?— A. Yes, sir; I think it is. 

Q. The figures in the right-hand column where they are carried out? — A. Yea, 
sir. 

Q. Where they have been dampend they show up a purple color? — ^A. Yes, air. 

Q. Will you look at that and state whether or not In this case there has 
been any interlineation or changes in the figures in this book — ^that is. Repre- 
sentative in Congress — in the Smith and Carney vote or the Dingley vote? — A. 
No, sir ; I don't think there has been any change there; there has been a change 
there evidently [indicating]. 

Q. But that is not on their vote? — ^A. No, sir ; not on Congressmen. 

Q. Here it shows the figures have been dampened?— A. Yes, sir; it is marked 
over from 109 to 108, I think, there. 

Q. There has been no change in the congressional vote? — A. I didn't Intend 
to intimate that there had been any change. 

Q. I want it on the record that there has been no interlineation or change. — 
A. I suppose that was the recollection of the man when he took the vote from 
the tally sheet instead of the statement book. 

Q. When did you make these figures when Mr. Sowers and yourself and Mr. 
Towne were present? — A. It was Just before dinner; then Mr. Towne and I 
went back after dinner. 

Q. You two alone? — A. Yes, sir. 

Q. Mr. Sowers was not there then? — A. No, sir. 

Q. Which time were the books brought from the Inside office? — A. In the 
afternoon. 

Q. You were subpoenaed as a witness? — A. No, sir. 

WILLIAM WITHERALL, being first duly sworn to testify to the truth, the 
whole truth, and nothing but the truth, testified in behalf of the contestant as 
follows : 

Direct examination by Mr. Adams: 

Q. Mr. Witherall, where do you reside? — ^A. Sunfield village. 

Q. You have live<l there about how long? — A. In the village about 10 years. 

Q. In that township? — A. In that township about 56 years. 

Q. Your age is what? — ^A. Fifty-seven. 

Q. Were you in the village of Sunfield on the 5th day of November. 1912? — 
A. I was. 

Q. Did you take any part in the general election that was held in that village 
on that day? — ^A. Not In the daytime; no, sir. 

Q. Did you at night? — A. I was in there in the evening; I relieved one of the 
Inspectors, or one of the clerks, rather. 

Q. What time did you go in there? — A. Oh, probably about 8 o'clock. 

Q. Who did you relieve? — A. I relieved a man named Sjiyre. 

Q. What did lie assist in doing?— A. Tallying. 

Q. Did you mark down or make any marks on the tally book? — A. Sure; 
yes, sir. 

Q. Who w^as acting on the board there at that time when you commenced?— 
A. Mr. Knapp, the clerk or deputy clerk. Squire Bacon and Mr. Hager; I think 
that is all that was there at that time except Mr. Snyre, and he went out Just 
as I went In. 

Q. How long did you stay there? — A. Oh^ 1 think about an hour all told. 

Q. Who took your [jlace when you quit? — A. Mr. Ma pea, when he got back. 

Q. Were there any others there on that election board at the time you left 
than those you have mentioned. — A. I took Mr. Knai>p'8 place at the time Mr. 
Mapes came back; he wanted to go out for something and I tallied for him 
until he got back. 

Q. Do you know Mr. Say re? — A. Yes, sir. 

Q. Did you vote at that precinct that election day? — ^A. Yes. sir. 

Q. What did you see Mr. Sayre doing there, if anything, when you were in 
that voting place? — ^A. I saw him instructing. 

Q. Where was he stationed? — A. He was stationed back of the lK)oth; the 
way the election booths are placed there they form a partition between the room 
where the lnsi)ectors are and where the instructor is. 

Q. Mr. Sayre was on one side of that partition? — A'. Yes, sir. 

Q. And the rest of the members of the board on the other side? — ^A. Mr. 
Sayre was near to the inside gate. 



CABNEY VS. SMITH. ^ 91 

Q. When the voters came ^n where did they get their ballots?— A. From Mr. 
Sajre. 

Q. Did they get their ballots In the presence of the officers of that election 
board or not, in sight of them? — ^A. I don't know whether they could see them 
or not ; I dou*t think they could. 

Q. These booths were between them, were they not? — ^A. Sometimes, if the 
doors were open so you could see back and forth. 

Q. That is the booth doors? — A. Yes, sir. 

Q. There were two doors to these booths? — ^A. Yes, sir. 

Q. Unless the booth doors were oi»en they could not see through? — A. Yep, sir. 

Q. The officers of the election could not see the voter when he received his 
ticket from Mr. Sayre? — ^A. No, sir: they could not. 

Q. Did you see Mr. Bera there, at any time, acting on the board? — A. No, sir; 
be was not there at the time I was there. 

Q. How frequently were you in the voting place there on the day of election 

prior to the time A. I was not In there five minutes all day; I went in 

just as I was going to dinner and didn't go In again until after It was closed. 

Q. Were you present to know whether the board made any adjournment that 
uight? — A, No, sir; I snw nobotiy; I supiiose, however. It was 12 o'clock. 

Q. Do you ijersonally know that the board conveneil the next morning at Mr. 
Bacon's office? Were you there when the board convened? — A. No, sir; I had 
nothing to do with It. 

Q. You didn't happen to be there? — A. No, sir. 

Q. You were not at th^it voting place about 12 o'clock on the night of No- 
vemb?r 5? — A. No, sir. 

Q. You went away soon after you quit assisting the board In keeping the 
tally? — A. Pretty soon afterwards: I didn't stay; I saw there was an all-night 
job if they stuck to it before they got through, so I didn't stay. 

Q. About what time in the day did you vote, about noon? — A. Just before 
dinner; Just before the polls closed for dinner. 

Q. Were you there when they closed the polls for the noon-day meal? — A. No, 
sir; It was near noon; I suppose they must have closed right away. 

Q. How far do you live frgm the city of Charlotte? — A. Well, it is an angling* 
road : it makes it nearer — I don't know Just the number of miles, I think about 
23 miles. 

Q. About -23 miles?— A. I don't think It Is quite that far; Sunfleld Is R miles 
west of this, and It Is within half a mile of the north line, so you can figure ft 
yourself. 

Q. You were subpoenaed to appear here? — A. Ye|3, sir. 

Q. Who subpoenaed you? — ^A. A deputy sheriff. 

Q. Were you paid your fees? — ^A. Yes, sir. 

Q. How much were you paid? — ^A. $3.05. 

Cross-examination by Mr. Feixows : 

Q. Are you active in politics over there? — A. No, sir; I am not a politician. 

Q. What I mean, you are not one of the party managers or a member of the 
party committee? — ^A. No, sir; I am a member of the Democratic county com- 
mittee, I think. 

Q. A member of the Democratic county committee? — A. Yes, sir. 

Q. And you have been for some years? — A. I don't know how many years, I 
couldn't tell you as to that 

Q. Have you known Mr. Palmer over there for a great many years? — ^A. About 
25, I think. 

Q. Mr. Palmer is a good, substantial citizen of the township of Sunfleld? — ^A. 
Yes, sir. 

Q. He is regarded as an honorable, upright man? — He Is a pretty proml- 
nent — is his reputation at stake now? 

Q. He Is r^arded as an honorable, upright man? — A. Yes, sir. 

Q. You knew Mr. Bacon In his lifetime? — ^A. Yes, sir. 

Q. Mr. Bacon's reputation was the same, was it not? 

Mr. Adams. Objected to as incompetent, irrelevant, and immaterial. 

A. I didn't know that his reputation was at stake. 

Q. Answer what I ask you, and we will get along faster. — A. Sure, he had a 
good reputation. 

Q. Mr. Palmer Is and has been a Democrat ever since you have known him ? — 
A. Yes, sir. 

Q. What party did Mr. Bacon belong to?— A. To the Democratic Party. 



92 CARNEY VS. SMITH. 

Q. Both Mr. Palmer and Mr. Bacon were DenKv^rats last fall and supporters 
of the Democratic ticket? — ^A. They were Democrats, I Bupix>se; I don't know 
what they voted. 

Q. Didn't you understand that they were supportinjc the Democratic ticket? — 
A. I don't know anything about what 

Mr. Adams. I object to that as irrelevant and immaterial. 

A. I suppose they were Democrats. 

Q. Mr. Hager — what was his politics? — A. A Republican. 

Q. Was he firm in the faith last fall or did Mb slip a little?— A. I can gire 
yon my opinion. If you want to know, I think he was a Bull Mooser. 

Q. Mr. Hager had the reputation In that community of being an honorable, 
upright man? 

Mr. Adams. I object to that as Incompetent, irrelevant, and immnterial. 

A. Yes, sir. 

Q. Those were tlie three members of the board? — A. Those were the three 
inspectors; yes, sir. 

Q. None of them, as you understand, were Republics'ns? — A. Well. I don't 
know, as I told you before; I don't know how they vote<l. 

Q. You understand that Mr. Hager supi)orted Mr. Roosevelt? — A. That is 
what I think. 

Q, Of the three lns])ector8 none of them were Republicans? — ^A. No. sir. 

Q. What was Mr. Sayre's politics? — A. I don't know. 

Q. Mr. Sayre was a man who in years gone by had been supervisor of Sun- 
fleld, hadn't he? — A. No. sir. 

Q. He had lived in the to^vnship a great many years? — A. About 10 or 12 
years. 

Q. He was a man also who had the reputation of being an honorable, upright 
citizen of the township? 

Mr. Adams. I object to that as incompetent, irrelevant, and immaterial. 

A. Yes, sir. 

Q. A man whom jieople looked up to and respected? — A. Yes. sir. 

Q. You say you understand he was a Democrat? — A. That is what I under- 
stand: I don't know how he was enrolled. 

Q. Do you know the politics of Mr. Mapes and Mr. Knapii?— A. T think I do; 
tlie same as the others. 

Q. That *s what I am asking you. — A. I think they were Republicans. 

Q. Notwithstanding that, they also have a good reputation in that com- 
munity, baven't they? 

Mr. Adams. The same objection. 

A. Yes. sir; all except their being Republicans. 

Q. Then, as a matter of fact, everybwiy connected with that election in Sun- 
field Township were of your go(Kl citizens over there? — A. Yes, sir. 

Mr. Adams. The same objection. 

Q. Whatever yon did you did correctly, didn't you? — A. I intended to; yes, sir. 
I have been on* the board for the last 12 years about every election; I was In 
there; the boys asked me to relieve them; thut is all. 

Q. The tally was kei)t In duplicate?— A. Yes. sir. 

Q. While you kept It you kept It correctly?— A. Yes, sir; as straight as I 
could; I calculate<l to keep It straight. 

Redirect examination by Mr. Adams: 

Q. I supiwse you put down what was (ailed off to you? — .V. Yes, sir. 

Q. Somebody called off and said a vote was for this candidate or that; yon 
would put it down? — A. Yes. sir. 

Q. You don't know whether it was called off straight or not?— A. No, sir; I 
<»ouldn't tell about that. 

Ry Mr. Fellows: 

Q. Who did the calling off while y<m were In there?— A. Mr. Bacon called off 
awhile and Mr. Hager called awhile. 

Q. They were both inspec-tors?— A, Yes, sir; one was calling off and the other 
was looking over his shoulder. They had the split tickets and they gave the 
vote on those. A nnin was looking over bis shoulder or opi>o8lte him. both 
looking at the ticket. 

By Mr. Adams: 
Q. I ask you whether you took any oath of office before you did any work 
on the election board that night? — A. No; I did not. 



CABNEY VS. SMITH. 9S 

Q. Bid you at any time, working there, before or after, on 'that day? — ^A. 
No, sir; not that day. 
Q. Or any other day, to act on that Ijoard? — ^A. Not on that board; no, sir. 

By Mr. Fellows: 

Q. You would not have done the worli any more correctly if you had talcen 
an oath? 

Mr. Adams. I object to that as incompetent, irrelevant, and immaterial. 

A. No, sir. 

Q. How long have you been a member of the county committee — the Demo- 
cratic county committee? — A, Four or five years; I believe six yeans. 

By Mr. Adams: 

Q. Are you sure you are a member of the county committee? — ^A. I am not 
sare I am at the present time. 

Q. Are you sure you were a member of the county committee on the 5th day 
of November, 1912? — ^A. No, sir; I would not swear to it. I was up to last 
gpring, I think, but I am not sure whether I was elected again or not Mr. 
Palmer would remember that better than I would. 

Q. You were enrolled, were you, as a voter at that election? — A. I was en- 
rolled; yes, sir. 

By Mr. Fellows: 

Q. You haven't received any notice that your Job has been taken away from 
you? — ^A. I changed my politics; I wouldn't wonder if they had taken it away; 
I enrolled differently. 

By Mr. Adams: 

Q. How did you enroll? — ^A. I enrolled as a G. O. P. 

Q. You mean as a Republican? — A. Yes, sir. 

Q. Were you enrolled as a Republican prior to the time you acted on that 
election board — November 5, 1912?— A. Yes» sir. 

Q. So wh«i you acted on that board November 5, 1912, you were enrolled as a 
Republican? — A. I was enrolled as a Republican. 

By Mr. Fellows: 

Q. ^ou say you were enrolled as a Republican? — A. Yes, sir. 

Q. Do you mean you were enrolled as a Republican and a Democratic voter? 

Mr. Adams. I object to the inquiry; it is the constitutional right of the wit- 
ness to refuse to answer the question, and 1 am a little surprised that the attor- 
ney general should ask that question. The laws of the State of Michigan are 
calculated to secure the secrecy of the ballot. I object to it as incompetent. 

Q. What I am getting at is whether you actually changed your politics or 
not by the change of enrollment?— A. I have not changed my politics. 

E. G. DAVIDS, being -first duly sworn to testify to the truth, the whole 
truth, and nothing but the truth, testified on behalf of the contestant as 
follows : 

Direct examination by Mr. Adams: 

Q. Mr. Davids, you live where?— A. In the dty of Charlotte, this county. 

Q. You have lived In this city how long?— A. It has been nearly 12 years, 

Q. Were you living here on the 5th day of November last?— A. Yes, sir. 

Q. How old are you?— A. I am 41. 

Q. Do you know John C. Nichols, of Charlotte?— A. Yes, sir. 

Q. Did you see John C. Nichols in any of the election precincts— I mean, 
rather, in any of the voting i^aces in any of the precincts in Charlotte— on the 
5th day of November, 1912?— A. Yes, sir; in the second ward I saw him. 

Q. What did he do In that voting place there?— A. He was receiving— I saw 
him two or three different times, both Inside and outside of the railing. 

Q. What, if anything, did you see him doing inside of the railing of that 
voting place?— A. *I saw him receiving ballots and depositing them in the ballot 

box. ^ - 

Q. What time in the day about was that?— A. It was about the noon hour; 

I have forgotten whether Just before or Just after I went to dinner. 
Q. Was Mr. Hamilton, the inspector, in that voting place?— A. Yes, sir; he 

was. 

Q. What was his given name?— A. They call him " Hal.!' I don't know. 

Q. You saw Mr. Nichols and you saw him doing what?— A. He was receiving 
ballots from the voters and depositing the ballots in the ballot box. 



94 CABSTEY VS. SMITH. 

Q. Is that the same John C. Nichols who was a candidate on the Repiiblioan 
ticket at that election for the office of circuit court commissioner of ESaton 
County? — ^A. The same man; yes, sir. 

Q. How long were you in that voting place and observed Mr. Nichols doing 
that work? — ^A. Now, Just how long I was in there at that time I couldn't say; 
probably 10 minutes, possibly longer. 

Q. He received ballots you say — Mr. Nichols did — from the voters? — A. Yes, 
sir; I saw him receiving ballots from the voters. 

Q. What did he do with them? — A. He deposited them in the ballot box. 

Q. Any other time on that day or the evening of that day, in that precinct, 
did you see John C. Nichols doing anything In connection with the election? — 
A. I saw him in the evening after the polls were closed and while they were 
counting the ballots; I saw Mr. Nichols Inside of the railing looking over the 
ballots with the other inspectors, seemingly helping them to decide in regard to 
whrt votes should be counted and what should not be counted. 

Q. Did he say anythiixg about the ballots or any of them at that time? — A. I 
think I heard him make the remark that it was the intention of the voter, so 
and so — of course, I was some distance away and I don't know Just what it was. 

Q. Do you know whether this same John O. Nichols was at any time during 
that election day acting in any other capacity in that precinct at the voting 
place? — A. He watf the Republican challenger for the Republican Party. 

Q. Do you know Hal Hamilton, the gentleman 3*ou referred to a little while 
ago? — A. Yes, sir. 

Q. Did you know him prior to the 5th day of November, 1912? — A. I have 
known hlui for some years. 

Q. What did you see, if anything, Hal Hamilton doing In connection with the 
work there on that election board that day? — A. In the forenoon Hal Hamilton 
was acting as one of the Inspectors — receiving ballots and depositing them in 
the ball( t box. 

Q. You p w him doing that? — A. Yes, sir. 

Q. Did you see Mr. Hamilton at any time that day talking to any voters in 
that voting place? — A. There was an old gentleman that stood outside the rail- 
ing and Mr. Hamilton was inside of the railing, and as I came along Mr. Ham- 
ilton had a ballot in his hand. I could not say whether it was an instruction 
ballot or what kind of a ballot It was, but he had a ballot, evidently because 
of the conversation ; he had a piece of pai)er in his hand. • 

Q. What color was the paper? — ^A. I couldn't say; but I heard him say to 
this old gentleman, " If you wish to vote for Mr. Smith and the Republican 
county ticket mark your ballot this way," Indicating it on the ballot how It 
should be marked. 

Q. The railing you speak of was the dividing line that separated the election 
board and the booths from the people who came in there, I suppose? — A. Yes, sir. 

Q. That is the railing you apeik of? — A. Yes. sir. 

Q. Mr. Hamilton was Inside of the railing and this gentleman on the outside 
of the railing? — ^A. Yes, sir; on the south, side of the booth. 

Q. How close together were the two men standing? — A. Rather close to- 
gether. 

Q. Two feet?— A. I don't think that far apart. 

Q. Have you held any official position in the city of Charlotte? — ^A. Yes, sir. 

Q. What? — A. I have been justice of the peace and mayor. 

Q. How long ago were you mayor? — A. My time expired last spring a year 
ago. 

Q. How long were you mayor? — ^A. Two years — two terms. 

Q. One year each? — ^A. One year each. 

Mr. Adams. I offer In evidence Exhibit 15. I am reading from what is shown 
to be the poll book for the general election Tuesday, the 5th day of November, 
1912. the second ward of the city of Charlotte, Eaton County. From page 2 
of that exhibit, under the heading " Oaths to inspectors of election." 

" State of Michigan, County of Eaton, ss: 

" I do solemnly swear that I will support the Constitution of the United 
States and of this State, and that I will faithfully discharge the duties of the 
office of inspector of this election held on Tuesday, the 5th day of November, 
1912, according to the best of my ability. 

"Claude S. Knowles. 

" Taken, subscribed, and sworn to before me this 5th day of November, 1912. 

" Fbank p. Towne, Notary Public* 
My commission expires September 9, 1913." 



4( 



CiLBNEY VS. SMITH. 95 

•* State of Michigan, County of Eaton, 8$: 

**I do solemnly swenr that I will support the Constitution of the United 
States and the constitution of this State, and that I will faithfully discharge 
the duties of inspector of this election held on Tuesday, the 5th day of Novem- 
I)er, 1912, according to the best of my ability. 

''C. R. Babbeb. 

•* Taken, subscribed, and sworn to before me this 5th day of November, 1912. 

** Frank P. Towne, Notary Public, 

" My commission expires September 9, 1913." 

Mr. Adams. I want to have it appear upon the record that there Is no other 
certificate showing that Hal Hamilton was sworn to act as an inspector of that 
election on that day; and further that the returns do not show that any others 
than Claude S. Knowles and C. R. Barber were sworn to act as inspectors of 
that election. They were sworn to act as inspectors of that election, and there 
is no indication on this exhibit to show that any others except Claude S. 
Knowles and C. R. Barber did act as inspectors of that election on that day. 
I also desire to offer from this same exhibit the following: 

•* State of Michigan, County of Eaton, *«; 



it 



certificate of inspectors. 



** We do hereby certify that the foregoing poll lists have been carefully com- 
pared by us with the duplicate poll list, as required by law, and all mistakes 
found in such poll lists have been corrected by us, and that both s^iid poll lists 
are now correct and agree with each other. 

"In witness whereof we have hereunto set our hands this 5th day of No- 
vember, 1012. 

" Claude S. Knowles, 
" Inspector of the General Election 
Held Tuesday, the 5th day of November, J 9 12,'' 

Mr. Adams. The exhibit I am reading from does not show that any other In- 
siieetor signed tlie certificate Just read, save Claude S. Knowles. 

Cross-examination by Mr. Maynahd: 

Q. You have been here in the city when boards were organized at these elec- 
tion polls a good many times, haven't you, in the morning? — A. I don't l«now 
whether I wagi ever present when It was organized or not. 

Q. Didn't you ever pee the oflicers sworn in? — A. I think I was there once, 
and I think I swore them in once. 

Q. You swore them In early in the morning? — A. Yes, sir. 

Q. I^ter in the day, at their convenience, they made out these certificates and 
signed them? 

Mr. Adams. I object to that as incompetent. Irrelevant, and immaterial, and 
not the best evidence; if he ever swore them In, there would probably be u 
record of what he did. 

A. When I swore in the oflScers they were signed up and sworn to at the time. 

Q. Are you positive about that? — A. I am pretty positive. 

Q. I never saw that done in my life yet. — A. I don't think I ever swore 
them in more than once or saw them sworn in except that once ; I don't get up 
Bsuully early enough in the morning. 

Q. You knew what office Mr. Hamilton held in the city at that time? — A. Yes, 
sir. 

Q. What was it? — A. He was alderman of the second ward. 

Q. Do you know what officers in the city are made inspectors of election by 
the charter of the city of Charlotte? 

Mr. Adams. I object to that as incompetent, irrelevant, and immaterial, and 
not the best evidence. 

A. The aldermen. 

Q. Two aldermen In each ward? — A. Yes, sir. 

Q. Mr. Hamilton then would be ex officio an Inspector of the election? 

Mr. Adams. I object to that as Incompetent, irrelevant, and immaterial, and 
not the best evidence — calling for the conclusion of the witness and argumen- 
tative. 

A. He would be an inspector of election. 

Q. He BO acted during the forenoon of that day? — ^A. I saw him acting, I 
think, twice during the forenoon. 



96 CARNEY VS. SMITH. 

Q. Do you remember the name of the old mnii you say he was talkiii<? to 
when the man stood outside of the railing? — ^A. I don't know whether I knew 
the old man or not; he stood with his back to me, and I was 10 feet» i>erhaps, 
away. I didn't pay very much attention, only I thought it was not proper for 
him to <lo it. 

Q. Did you hear the conversation? — A. I didn't hear all of the conversation. 

Q. You don't know what the old man asked him then? — A. No, sir? 

Q. You didn't hear Mr. Hamilton request him to vote for any particular 
candidate, did you? — A. No, sir; all I heard is what I stated. 

Q. Give us that again. — ^A. " If you wish to vote for Mr. Smith and the Repub- 
lican county ticket, mark your ticket this way." He indicated on a piece of 
paper he had. 

Q. Those are all the ones j-ou heard him say anything about? — A. Yes, sir; I 
was Just passing along. 

Q. Were there any others near? — A. I think there were others in the room 
at that time; Just how close they were I don't know. 

Q. Which place did Mr. Hamilton stand — where they received the ballots and 
put them in the box? — ^A. He stood pretty well 

Q. Was there any challenger there, Mr. Overmyer? — A. I don't know whether 
he was there at that time or not. 

Q. Did you notice whether he had his seajt'near where the insi)ector would 
deposit the ballots? — A. I couldn't say in regard to that time. 

Q. You don't remember that? — A. Not at that time; no. 

Q. You can't tell precisely what time in the day that was? — A. It was in the 
forenoon ; I couldn't say what time exactly. 

Q. About the noon hour? — ^A. No, sir; it was before the noon hour. 

Q. Was it the first time you were in that morning? — A. I couldn't tell you 
that whether the first or not. 

Q. You visited around the polls during the day? — A. Yes, sir. 

Q. Kinc' of kc»oping a watch on the election? — A. In a way. 

Q Were you interested in the result of that election? — A. I wa.s. 

Q. You were a candidate for Judge of probate? — A. Yes, sir. 

Q. On the Democratic ticket? — A. Yes, sir. 

Q. And you were around from time to time all day? — A. Yes, sir. 

Q. How many voting precincts were there in the city? — A. There were four. 

Q. The first, second, third, and fourth wards? — A. Yes. Fir. 

Q. Did you go in In the afternoon in the second ward? — A. I was there, I 
think, once or twice in the afternoon; I couldn't state Just how many; I dont 
rememlrer. 

Q. Who was re<*eivlng the tickets and depositing them the next time you 
went in? — ^A. Mr. Barber was receiving the tickets. 

Q. Do you know Mr. Davids, or did you hear that Mr. Hamilton was taken 
ill and they got Mr. Barber to take his place? 

Mr. Adams. I object to that as incompetent, irrelevant, and immaterial and 
hearsay. 

A. I heaixi he was taken sick; yes, sir. 

Q. You think that you were in there at least ten minutes while John C. 
Nichols was receiving ballots and depositing them? — ^A. I should Judge about 
that time. 

Q. How many did you see him put in? — ^A. Several; I couldn't state exactly 
how many. 

Q. How many do you think? — ^A. Well, I couldn't state exactly; there might 
have been six or a dozen voted. 

Q. Do you say six were put in while you were there? — ^A. At least six. 

Q. Would you want to say there were? — A. I wouldn't want to say so 
positively. 

Q. At any rate several votes were put In? — A. Yes, sir. 

Q. When you went in at night they were counting up? — ^A. Yes, sir. 

Q. Were the booths down or up? — A. The booths were down, I think. 

Q. They wore light canvas booths? — A. Yes, sir. 

Q. That was the first time they had ever been used? — ^A. Yes, sir. 

Q. Did they have them down so the counting was in public so anyone could 
see them counting? — ^A. They couldn't see the ballots. 

Q. They were surrounded by the railing? — ^A. Yes, sir. 

Q. What was it you heard John O. Nichols say that evening about the bal- 
lots? — ^A. There was some dispute; I 'Coaldn't give the exact language; sone 



CARNEY VS. SMITH. 



97 



dispute about counting a certain ballot I know and Mr. Nichols expressed his 

opinion in regard to It. ^,^^4.1. 1^ ^«*«- 

Q To refresh your recollection, didn't Mr. Knowles say that he could deter- 
mine from that ballot what the intention of the voter was, and dldn t Mr. 
Nichols say he didn^t see how he could tell what the intention of the voter was ; 
was it not something of that nature?— A. I couldn't say whether Mr. Knowles 
said anything or not. There was a dispute about the ballot. 

Q. Finally, Mr. Knowles did as he had a mind to and did not follow the 
advice of Mr. Nichols? ^ , ^ ^^ ,. 

Mr. Adams. I object to that as calling for the conclusion of the witness. 

A I don't know whether Mr. Knowles was inside or not. 

Q. You don't know anything about that?— A. All I know is what I have 
fttit^cd 

Q. You don't know what John said, or which side of the question he was 
on?— A. No. sir; I didn't see the ballot. 

Q. You don't charge that he was Insisting, that he was finding fault with 
some course, trying to Insist upon some course being followed, do you? 

Mr. Adams. I object to that as incompetent and calling for the conclusion of 
the witness and that the question does not call for anything that was said. 

A. I took it he was entirely out of place, being inside of the railing. 

Q. He was a challenger, did you say?— A. Yes, sir. 

Q. He was the Republican challenger at that time?— A. Yes, sir; and also on 
the county ticket running for office. ^ . ^ 

Q. Do you understand that it is the law that a man running for office Is for- 
bidden by the law to be a challenger? 

Mr. Adams. Objected to as Incompetent Irrelevant, and Immaterial and call- 
ing for the conclusion of the witness. 

A. Well, I don't know as I am required to give my opinion of the law. 

Q. What Is your profession? — A. I am a lawyer. 

Q. How long have you been In the practice of the law?— A. Ten or eleven 

Q. bo vou understand It is the Michigan law that there is any statutory pro- 
hibition forbidding a candidate for office to act as challenger for his party? 

Mr. Adams. Objected to as incompetent, irrelevant, and immaterial. The law 
speaks for Itself, and It Is not for the witness to construe. 

A. What I meant when I said I didn't think be had any right 

Q. Answer the question. 

(r^st question read.) 

A. I don't know as there is. 

Redirect examination by Mr. Adams : 
Q. Do you know Whether there is or is not such a law as counsel asked you 
about in his last question?— A. I do not think that there is a law forbidding the 

question he put to me. 

Q. You understood, did you, that Mr. Nichols was a candidate on the Repub- 
lican ticket at that election?— A. Yes, sir. 

Mr. Adams. There is no question about that, is there gentlemen? 

Mr. Maynabd. No, sir. 

Q. Mr. Nichols was In there while he was a candidate on the Republican 
ticket, I understood you to say, handling, receiving, and depositing ballots? 

Mr. Fellows. We object to that as leading. 

A. Yes, sir; I understand the law prohibits that In this State. 

Recross-examlnation by Mr. Maynabd: 

Q. Mr. Nichols was not handling any votes when they were counting them up; 
he was not assisting in the count? — A. He had a ballot In his hand; I can't say 
whether he was assisting In the count. 

Q. He didn't assist In the count? — ^A. I didn't see him assisting in the count; 
no, sir. 

Q. Are you sure you didn't know the old man that Mr. Hamilton was talking 
to?— A. No, sir. 

Q. Can you glv.e me a description of him so we can find him? — A. No, sir. 
I can't give you a very good description of him ; he stood with his back to me. 

Q. A short man or long? — ^A. He was a man I should judge about 5 feet 7 or 8. 

Q. What kind of a hat did he have on? — ^A. He had on a slouch hat — a 
black hat 

Q. And a black coat? — ^A. He had on dark clothes. 

286—13 7 



98 CABNiBY VB. SMTTH. 

Q. An overcoat? — A. I couldn't tell yori. 

Q. You don*t know whether he had on an overcoat or not? — A. I think he had 
on an overcoat but I am not sure alwut that, though; I didii^t look hito orer 
With the Intention of testlfylnj? about that. 

0. Was he a gray-headed man? — A. I would miy he had gray hair. 

Q. Was he smooth shaven or did he hare a beard? — A. I didn't see enough 
of his face to tell you. 

(By consent of the contestant and the contestee and their counsel, the hear- 
ing was adjourned until Thursday, February 27, 1913, at 10 o'clock in the fore- 
noon, to meet in the mu)ervi8or8* room in the courthouse in the city of Char- 
lotte, Eaton County; Mich.) 

In above-entitled matter it is hereby stljMilated by and between the re«p^- 
tfre parties, by their respective attorneys, that each and every witness produced 
as shown by the foregoing record w« s duly srvom, and his testimony was as 
given by him taken down in shorthnnd by Josei»h W. fttockwell, United States 
commissioner for the western district of Michigan, and by stiid commisuloner 
was transcribed and written out by typewriter machine as shown by this fore- 
going record; that all of said testimony, after being so written out. was care- 
fully read over by counsel for said resi^ectlve parties, and the fotegoing record 
correctly show^s the testimony of each and every witness and the proceedings 
had and taken to the close of said record. 

It is further stipulated and agreed that siiid resfiectlve witnci>ses need not 
read over, attest, and sign their foregoing detK)Sitions. and that the writing out 
of the testimony from snld shorthand notes of said resiiectlve witnesses In their 
presence, respectively. Is hereby waived. 

It is further stipulated that the foregoing deTtosltlons may be used for all 
purposes of this contest, subject to all objections and motions api)earing on 
the foregoing record, with like effect as If the same fully compiled with the 
Rc^Vlsed Statutes of the Ignited States and the printed rules of the Committee on 
Elections, Houfc of Representatives, applicable thereto. 

I>ale(l this 2Sth day of February. A. IX 1913. 

John W. Adams, Attomcy for ContCHtant. 
HoRACK 8. Maynard, Attorney for ContcMrc. 



February 27 and 28, 1913. 

B. A. JOHNSON, being duly awoni to testify to the truth, the whole truth, 
and nothing but the truth, testified In behalf of the contestant as follows: 

Direct examination by Mr. Adams : 

Q. Mr. Johnson, where do you reside? — A. I live in Bellevue, Eaton County. 
Mich. 

Q. Were you living there on the 5th day of November, 1912, election day? — 
A. Yes, sir. 

Q. How long have you lived In that township? — A. I have lived In the towft- 
ship of Bellevue about 45 years. 

Q. What Is your age? — ^A. I am 72. 

Q. Did you take any part In the election as an officer, gatekeejier. or other- 
wise, at Bellevue, on the 5th of November, 1012? — A. Yea, sir; 1 was gate- 
keeper. 

Q. For identification I have had marked as Exhibit " 16 " a book entitled " Poll 
book of the general ele<*tion held on Tuesday, the 5th day of November, 1912, in 
the village council rooms, township of Bellevue, C'Jounty of Eaton. State of 
Michigan," and call your attention now to that exhibit rtnd ask you whether 
that is your signature to the oath of gatekee{)ers at that election? — ^A. Yes, air. 

Q. You signed that, did you? — A. I did, sir. 

Q. On that 5th day of November, 1912?— A. Yes, air. 

Q. You were sworn before Dan L. Hall? — A. Yes, sir; and Mr. Eavans, too. 

Q. Now after taking that oath on that day there, state whether you did act 
as gatekee|)er at that election on that day. — A. I did. 

Q. Wliat gate did you have charge of that day? — A. I had charge of the 
entrance gate. 

Q. How many booths were there there In that voting place that day? — A, I 
think there were six. 

Q. Were they wooden booths? — A. Yes, sir; wooden booths. 



CABNEY VS. SMITH. 99 

Q. Do yon kuow wbetlier any fnstructlotis were given that day there to any- 
body, to any of the voters who voted there in that voting place on that day? — ^A. 
Why. there were several, I couldn't say how many, that were partially blind, 
and they had no glasses, and they wanted instructions and they asked for Iheui. 

Q. Do you know whether there were any there who applied for Instructions 
on the ground that they could not read nor write the Bnglish language? — A. 
Weil, now, I think there were one or two there, Hungarians that had not been 
naturalized there, they cou1dn*t read the Elnglish language; they were pretly 
good scholars, however, in their language. 

Q. Was there an oath administered to any one of those men who applied for 
instructions in the manner of marking their ballots there that day by any of 
the officers of that election that you know of? — A. Why. I don't think there 
were; I don't remember any such thing. 

Q. Who went into the booth or booths with the men who applied for instruc- 
tions in the matter of marking their ballots there?— A. Well, the two Justices of 
the peace on the board — one is named Hall and the other is named John 
Rogers — they were the ones that gave out the tickets, and when they were in- 
stmcted they went in the lx>oth with them. 

Q. Did two of the inspectors go into the booths with the same man who ap- 
plied for Instructions or only one? — A. One; that is right. 

Q. One besides the voter? — ^A. Yes, sir. 

Q. Do you know a man named Hoyt? — ^A. Yes, sir. 

Q. Abe Hoyt?— A. Yes, sir. 

Q. Was he around that voting place on that Election day; did you see him 
there? — ^A. Yes, sir ; I let him into the booth, into the gate, and he voted about 
10 oVlock in the forenoon. 

Q. Did he come into that voting place again that day? — ^A. Yes, sir. 

Q. When? — ^A. Right after dinner. 

Q. You saw him? — A. I did, sir. 

Q. Did he come in with anyone? — ^A. Yes, sir. 

Q. Who did he come in with?— A. With blind Orin Kimberly, 

Q. Kimberly was a blind man?— A. Yes, sir; totally blind. 

Q. Just describe what Mr. Hoyt did when he came in with this man? — A. 
Well, he led him up to the gate, and I spoke to Mr. Kimberly, and I told him — 
I took hold of his shoulder so f indicating] — there was quite a little alley up 
to the booth, still there was a railing between him and the board, and Hoyt- 
went through on the other side. 

Q. You speak of the board, what board? — A. I mean the election board. 

Q. Go on. — A. He said he had agreed to see Uncle OrIn through. 

Q. Who said that? — A. Mr. Hoyt, and led him up toward the booth. Now 
he opened the door of that booth, but whether he went in or not, that I couldn't 
swear to. 

Q. Was Mr. Hoyt at that time that you have Just described within or without 
the railing? — ^A. He was within the railing. 

Q. He had voted at 10 o'clock on that day? — A. Yes, sir; before 10 o'clock, 
because I think the number of his vote was 10. 

Q. His number is No. 18.-^A. Somewhere along there. 

Q. A. B. Hoyt?— A. Yes, sir. 

Q. I show you Exhibit 16, and call your attention to the list of voters under 
the head ** Number of voters," under the hejid " Name," the name of A. B. 
Hoyt.— A. Yes, sir. 

Q. Is that the Hoyt you referred to? — A. Yes, sir; Abraham B. Hoyt. 

Q. Now, then, what happened then? — ^A. W^ell, I don't know where Hoyt went 
to ; he didn't come ont by ma 

Q. Did he come out through that gate? — ^A. No, sir; he went in my gate, but 
be didn't come out there. There was a large crowd there right after dinner, 
and I had to work so to let the men in. 

Q. Do you know whether this man Hoyt was a Democrat or a Republican or 
belonged to some other party?— A. He is called a Republican there in the town, 
and I guess he ia 

Q. Do you know whether the A. B. Hoyt you have been testifying about was 
working in the interest of John M. C. Smith prior to that election day? — A. He 
says he was. 

Q. Did he tell yon so? — A. Yes, sir. 

Q. YM you know Whether or not he was working for John M. C. Smith, candi- 
date for Congress at that election on that election day on the Republican 
ticket?— A. Ye«, sir. 



100 CARNEY VS. SMITH. 

Q. Was be? — A. Tes, sir; be said be did; he told me so himself, and I hare to 
believe \t. 

Q. What did Mr. Hoyt tell you he did? 

Mr. Maynard. We object to that as incompetent, irrelevant and immaterial. 

A. Well, he told me he dug some potatoes for a man, so he could come and 
vote. 

Q. So who could vote? — ^A. The man he was digging the potatoes for; he 
went out on the outskirts of the town. 

Q. Did he tell you who^ the man was he dug potatoes for? — ^A. Yes; be told 
me, but I can*t remember who It was; I don't pay much attention to those 
things, anyhow. 

Q. Did he tell you anything about going to work for this man, so this man 
could come and vote for some particular person at that election? — ^A. He said 
he worked for John M. C. Smith. 

Q. Did he tell you anything about going to work for this man so this man 
could come and vote for some particular person at that election? — A. He aaid 
he was after voters. 

Q. Who said that?— A. Mr. Hoyt. 

Q. Did he tell you anything more, this Mr. Hoyt? — A. Yes; he told me more, 
but I don't know as it has any bearing on that, unless you want me to tell it. 

Q. You were there in attendance as gatekeeper that day from what hour in 
the morning? — ^A. Well, sir, I got there somewhere about 7 o'clock and helped 
put the booths up, and after the booths were put up we got the railing put up. 

Q. Did you go away? — A. Yes, sir; I went to dinner. 

Q. At any time during the time the election board was in session? — A. Yes. 
sir; to dinner. 

Q. What time did you go to dinner ?< — A. About 12 o'clock. 

Q. When did you get back? — A. Somewhere in the neighborhood of 1 o'clock; 
Mr. Eavans just went to dinner, the other gatekeeper. 

Q. How long did you stay there tlien? — A. When Mr. Hoyt came in with Mr. 
Kimberly, Mr. Eavans wns not there; he was to his dinner. 

Q. How long did you stay there after you got back from your dinner? — ^A. In 
the booth? 

Q. In the voting place? — A. Until the polls closed at 5 o'clock. 

Q. Were you there during the time the vote was being counted? — A. Y^es. sir: 
I was there part of the time. I went home somewhere about 10 o'clock at night. 

Q. How many men, according to your best recollection, were given instruc- 
tions in the manner of voting there that day? — A. Well, sir, I couldn't tell you 
how many ; I didn't keep any tally or count ; it would be guesswork if I should 
say. 

Q. Several? — ^A. I saw five or six, and maybe more than that; might have 
been more. 

Q. Were there many foreigners voting there at that election? — ^A. Not a grent 
many ; I don't think there were over five or six from the cement plant that voteil. 

Q. Do you know a man by the name of H. M. Weed? — A. Yes, sir. 

Q. Do you know whether he held any official position in Bellevue at the time 
of that election? — A. Why, he was head of the boanl, supervisor. 

Q. He was supervisor from Bellevue township? — ^A. Yes, sir. 

Cross-examination by Mr. Maynaro: 

Q. Mr. Johnson, have you ever acted as gatekeeper at any other election in 
Bellevue than this one? — A. Yes, sir. 

Q. You have done so several times? — A. Well, yes. 

Q. You are pretty well acquainted with the voters In that precinct? — A. I 
ought to know them all i)retty well. 

Q. You saw the most of the voters that entered that precinct that day, didn't 
you, when they went in? — A. I had to; they had to go by me to get in. 

Q. You knew them all? — A. No, sir. 

Q. The most of them? — A. No, sir; there were men in Bellevue I didn't know. 

Q. How many of them? — A. There was a lot of new people that moved in 
there and they have large farms. 

Q. But the great bulk of voters you knew? — ^A. Yes, sir; I knew^em while 
I have been a resident there 45 years. 

Mr. AoAMS. I object to that, not having had time to make an objection before 
the answer; I object to the question as irrelevant and immaterial and move 
to strike out the answer for the same reasons. 

Q. They are all good, straight, honest men? — A. Yea, sir. 



CARNEY VS. SMITH. 101 

Q. Were you acquainted with the members of the board? — A- Yes, sir. 

Q. The election board at that precinct on that day? — A. Yes, sir. 

Q. Who were they? — A. The board consisted of Mr. Weed 

Q. What office did he hold?— A. Supervisor; and Dan Hall. 

Q. What office does he hold? — A. Justice of the peace. 

Mr. Adams. I move to strike the last answer out as irrelevant and immn' 
terlal and object to the question on the same ground. 

Q. Who else? — ^A. Another Justice of the peace that was there — John Rogers. 

Q. Was he a member of that board on that day?— A. Yes, sir. 

Q. Who were the clerks? — A. Well, the township ch»rk 

Q. Who was he? 

Mr. Adams. I object to this question as Incompetent. Irrelevant, and imma* 
terlal under the returns of the board as made to the county clerk of Eaton 
County of that election by the so-called election board under the evidence con- 
tained in Exhibit 16. and not the best evidence. 

A. Mr. Pendle. 

Q. I>o you remember his given name? — A. I think A. H. 

Q. What other clerk?— A. Well, John Hoyt. 

Q. Who constituted the election board on that day? 

<No answer.) 

Mr. Adams. I object to that as incompetent. Irrelevant, and immaterial and 
not the best evidence »nd calling for the conclusion of the witness. 

A. The two clerks — the enrolling clerks were John Hoyt, Fred Fitzgerald, and 
S. B. Evans. 

Mr. Adams. I move to strike out the answer as calling for the conclusion of 
the witness, not the best evidence, and as irrelevant and Immaterial to the issue. 

Q. What are your jiolitics? — A. Well, sir, I am a Democrat. 

Q. What are the politics of S. B. Evans? — A. He is a Democrat. 

Q. Has S. B. Evans been supervisor of that township for a number of years? 

Mr. Adams. I object to that as Incompetent, irrelevant, and Immaterial and 
not the best evidence. 

A. He has; yes, sir. 

Q. On which ticket was he elected when he was elected supervisor from the 
township of Bellevue? 

Mr. Adams. I object to that as incompetent, irrelevant, and immaterial; not 
the bes*^ evidence and calling for the conclusion of the witness. 

A. He has always been known as a Democrat; he was nominated on that 

ticket. 

Q. Did you see anything that occurred under your observation at that elec- 
tion in that precinct that was in any wise fraudulent and dishonest? 

Mr. Adams. I object to that as incompetent, irrelevant, and Immaterial and 
cfllling for the conclusion of the witness. 

A. Why, I don't know as I did; no, sir. 

Q. They counted up the votes, and as far as you saw It. It appeared to be — as 
far as you observed — ^a good, straight, honest count of the votes cast? — A. I 
couldn't swear to that at all. 

Mr. Adams. I object to that as incompetent, irrelevant, and immaterial and 
calling for the conclusion of the witness. 

Mr. Maynard. I am asking what it appeared to be to him. 

Mr. Adams. That would make no difference. 

Witness. I have answered your question; I didn't watch the tally sheet 

very closely. 

Q. But you didn't see anything wrong, did you?— A. Oh, no, sir. 

Mr. Adams. Same objection as to the last question. 

Witness. T answered it before. 

Q. How long have you known Orin Kimberly?— A. Ever since I have lived In 
Bellevue; I knew him first when he lived in Charlotte. 

Q. How long has he been blind to your knowledge?— A. Oh, I couldn't tell 
you exactly; 20 or 25 yearsw 

Q. He is a well-known citizen In Bellevue?— A. Yes, sir. 

Q. Was he a popular and well-loved citizen by you business men there in the 
dy for a good many years? 

Mr. Adams. Objected to as irrelevant and immaterial. 

A. Yes, sir; he was a good, kind man. 

Q. This Abraham Hoyt was an old lifelong friend of his, was he not?— A. 
Why, I don't know anything about their friendship. 



102 CARNEY VS. SMITH. 

Q. You have known him for a good niany years; they were closely aequalDted 
with each other? — ^A. They lived close together. 

Q. You didn't consider It anything strange or out of the way that Abraham 
Hoyt should help his blind friend get to the polls, did you? 

Mr. Adams. Objected to as incompetent, Irrelevant, and immaterial. 

A. I would lead a blind man myself. 

Q. You didn't think there was anything wrong about that? — ^A. No, sir. 

Mr. Adams. I object to it as incompetent, irrelevant, and immaterial what 
he thought; his opinion is not evidence. 

Q. Mr. Johnson, was there anything wrong in Mr. Hoyt assisting Orin Kim- 
berly to go to the polls on this occasion that you have described? 

Mr. Adams. The same objection as t)efore. 

A. Why, no; I didn't think so. 

Q. Did you see anyone give Mr. Kimt)er1y a ballot to vote? — A. No, sir; I 
did not. 

Q. You spoke or s'ated that at some place or some time Abraham Hoyt told 
you that he went and dug potatoes for a man so the man could go to the polls 
and vote; was that the statement you made? — A. Yes, sir; he told me so. 

Q. Where was that? — A. Well, now, I couldn't tell you; it was in some store 
where plenty could hear it. 

Q. Since this election? — A. Yes, sir: since the election. 

Q. What was the name of the man? — A. I told you I didu*t know what the 
man's name was. 

Q. You don't know the name of the man? — A. No, sir; he told the name of 
the man; it was somebody that lived in the village. 

Q. Who was present M this conversation? — ^A. Now, I couldn't tell you. 

Q. Can you give nie the name of anyone that was there? — A. No, sir; I could 
not. 

Q. Can yon give the place? — A. I don't care a snap, only he said it. 

Q. Can yon jrlve the place? — A. No, sir; I can't tell you. It might have been 
in his own office. 

Q. Are you sure it was this year? You might be niistaken about that. — A, I 
guess not; it was not this year. It was last year; It was in November. 

Q, Can you tell the date when he said it? — A. Xo, sir. 

Q. Or anywhere near? — A. No, sir. 

Q. Within some weeks? — ^A. Well, it was along in Novenii)er when we were 
talking al)out the election. 

Q. I would like to have you fix the date If you can. — A. That I can't do; I 
can't do It. 

Q. It didn't make very much of rn Impression upon your mind? — A. I paid no 
attention to what he said ; I didn't care. 

Q. Can you glA-e the exact language? — A. Why, he was telling how he worked. 
I don't want to tell It all, because it might reflect upon the other candidate. I 
don't want to say a word. 

Q. I am not asking you for anything that includes any other candidate; I 
am asking for this iiarticular language. You say he ssild he went and dug 
potatoes so the man could go to the polls and vote? — A. He did. 

Q. Have you given the exact language? — Give It again. — A. Well, sir, he said 
he went and dug potatoes for a man so he could go and vote for John M. C. 
Smith. 

Q. Was that after the November 5 election. 1912. or was it some other electiou 
he did that? — A. It was last November; November 5. 

Q. He said it was? — A. Yes. sir. 

Q. You so understood him? — A. Yes, sir. 

Q. You can't tell where the i)lace was, nor the date nor who was present, can 
you? — A. No, sir; I could not. 

Q. Do you know what time of the day this conversation took place? — A. 
Well, sir. it was daylight ; I know that. I would not have been there If it hadn't 
been. 

Q. You don't go out nights? — A. No, sir. 

Redirect examination by Mr. Adams: 

Q. Mr. Johnson, did John L. Hoyt act as one of the clerks at that election 
that day? — A. Yes, sir. 

Q. Do you know how that John L. Hoyt was. If at all, related to this A. B. 
Hoyt? — ^A. He was a son. 



CARNEY VS. SMITH. 108 

Q. Who is postmaster now in BeDevue? — ^A. Well, sir, we have no postmaster. 
The postmaster bas resigned. 

Q. Was this John L. Hoyt, do you Icnow, a candidate for the Bellevue post- 
office just prior to this Noveml)er 5, 1012, election ? 

Mr. Matnabd. Objected to as incompetent and immaterial. 

A. He was; yes, sir. 

Q. Now, was it after or before the election tbat yon had that tallc about the 
jiotato matter with the father of this John I^. Hoyt? — A. It was since election. 

Q. What Hoyt — ^you 8«id in your answer, rather, to Mr. Maynard — tbat A. B. 
Hoyt said something to you about some candidate. Now. what candidate's 
name did he use when he nald tbat? — A. Why, he said that John M. G. Smith 
had turned him right down after all his work and handed in the name of Mr. 
KImberiy— M. H. Kimberly. 

Q. For what? — ^A. For postmaster. 

Q. That is what A. B. Hoyt told you jifter election? — A. Yes. sir; be even 
went on find said he wrote a letter to him. 

Q. Who did?— A. Mr. Hoyt. 

Q. Wrote a letter to whom?— A. Why. John M. C. Smith. 

Mr. Maynard. I object to that and move to strike out the conversation as 
incompetent and immnterlal. 

Q. Can you say that Mr. Smitb had written a letter to Mr. Hoyt? — A. He 
didn't s?iy. 

Q. This man that acted as clerk there, John I^. Hoyt, do you know what his 
politics were on that election day and before? — A. Yes, sir. 

Q. What? — A. Republican; a straight Republicnn bonrd. 

Q. This man M. D. Rogers, you 8i)oke of his being a justice of the peace; do 
yon know whnt his iiolltlcs w^ere on tluit elwtion day and before that election 
da y ? — A. Republ lea n. 

Q. Who was the other justice of the i)eace you mentioned? — A. Dan Hall. 

Q. I). L. Hall, wfis It?— A. I). N.. isn't It? 

Q. Wbat is his first name?— A. Dnnlel. 

Q. Po you know what the ijolltlcs were of tliat Hall on that election day and 
before that election day? — A. Republican. 

Q. How near to the booth did A. B. Hoyt come with this man Kimberly on 
tlmt day? — ^A. Inside of my gate. 

Q. How close to the booth were he and Kimberly together? — A. Hoyt led him 
up a short alleyway to the second booth, and Hoyt oi)ened the door himself. I 
think Dan Hall went in the booth with hini, but whether Hoyt went through that 
booth and out on the other side around th'it way, I don't know where he went, 
or whether he went back of the l)oard. I had all I could attend to watching 
the 

Q. Do you know what the i)olitlcs of this blind man, Mr. Kimberly, that you 
saw that day had been before that election day? — A. He has always voted thp 
Democratic ticket. 

Q. In niaklng your answers to the questions that were put to you by Mr. 
Maynard on your cross-examination, when he asked you whether there was 
anything fraudulent or dishonest occnrreil there on that election board that day, 
I wish you would state whether you know what the law designates as fraudu- 
lent or dishonest nets in connection with election. 

Mr, Maynabd. Objected to as incomi»etent and Immaterial. 

A. I never have read the law in regard to these new elections. 

Q. Did you ever read the decisions of the supreme court of the State of 
Michigan defining what Is fraudulent or dishonest with reference to the conduct 
of an election board? — A. No, sir; I have not. 

Q. You were asked what you thought about certain acts, whether you thought 
anything occurred there that was fraudulent or dishonest or out of tlie way 
there on that day. Now, I ask you whether at the time A. B. Hoyt led this 
blind gentleman, Mr. Kimberly, up to the booth and came within the railing 
after he had l)een in that voting place and voted on that day, whether you 
thought that was a proper act on the part of Mr. Hoyt? 

Mr. Maynard. I will object to that; It Is not proper redirect examination of 
the witness, and it is a misstatement of what I asked him, as the record will 
show, and it is incompetent and immaterial. 

Mr. Adams. In what respect is it what you didn't ask him? 

Mr. Maynard. I asked him whether he saw anything that appeared to him 
(o be wrong In the canvass of the votes, and he testified, first, that he could not 



104 CARNEY VS. SMITH. 

swear to anything at all, and finally he said, as I remember the testimony, that 
he didn't see anything or notice anything. 

Q. (I^st question read.)— A. Why, I didn't think it was; I thought he was 
out of his place, and if I could got hold of him I would have pulled him out, 
but he got past me. • 

Recross-examiuation by Mr. Maynabo: 

Q. How far was he from you when you saw him go through the gate? — 
A. He was right at the gate; I had hold of Mr. Klmberly trying to get Uim by; 
it was a narrow gate and Mr. Hoyt slipped in ahead of him. 

Q. I thought you said Mr. Hoyt had hold of his other side?— A. He led him 
up to the gate, but there was no booth empty at that time and they had to 
stand there a little while. Finally there was an empty booth and I opened the 
gate and says, " Orin, you can come in now," at that he passed by on the other 
side. 

Q. Did he have hold of Mr. Klmberly? — ^A. When he went by; no, sir. 

Q. Whom do you mean by "him" passing by? — A. I meant Mr. Hoyt on the 
opposite side. 

Q. You said he led him up to the second door? — A. I think it was the second 
door; he stopped there and said he had agreed to see Mr. Kimberly through. 

Q. Did you see Mr. Hoyt lead Mr. Kimberly up to the second booth? — ^A. I did. 

Q. You had let go of Mr. Kimberly? — A. Good land, he was 10 feet from me. 

Q. How far did you lead him up that aisle? — A. I passed him just through 
the gate; I didn't go into the aisle at all. 

Q. Mr. Hoyt led Mr. Kimberly to the second booth? — ^A. Yes, sir. 

Q. You don't know what became of Mr. Hoyt after that time? — A. No, sir ; 
he vanished. 

Mr. Adams. You said Mr. Hoj't didii't come back through your gate? — A. No, 
sir; he didn't pass me. 

Wn^HS A. CASE, being first duly sworn to testify to the truth, the whole 
truth, and nothing but the truth, testified in behalf of the contestant as follows: 

Direct examination by Mr. Adams : 

Q. Mr. Casey, where do you reside? — A. In Cannel Township. 

Q. In Eaton County, Mich.? — ^A. Yes. sir. 

Q. How long have you lived there? — ^A. All my life. 

Q. What is your age? — ^A. I am 51. 

Q. What were your politics; what party, or with what i)arty, rather, were 
you afl^liated — ^political party I mean — on the 5th day of November, 1912?— 
A. The Republican Party. 

Q. Were you or not interested in behalf of the Republican Party ticket up 
to and including the completion of the election on the 5th day of November, 
1912?— A. Yes, sir. 

Q. Did you vote in the township of Carmel on the 5th day of November, 
1912?— A. Yes, sir. 

Q. What time in the day did you vote at that election place? — A. I couldn't 
tell you exactly, some time before noon ; I couldn't give you the hour. 

Q. You voted No. 16, didn't you?— A. I couldn't tell you the number. 

Q. That is your name there. W. A. Case, on the list of voters?— A. Yes, sir. 

Q. No. 16. Isn't it?— A. Yes. sir; I think so. I can't see very good without 
my glasses. 

Mr. Adams. There Is no question about that is there, Mr. Maynard? 

Mr. Maynard. No, sir. 

Mr. Adams. That he voUhI No. 16 at that election? 

Mr. Maynard. That is what the book says. 

Q. You voted in the forenoon of that day? — \. Yes, sir. 

Q. About what hour? — A. Well, I couldn't give the hour; I suppose along 
toward 9 o'clock; between 8 and 9 o'clock; I wouldn't swear to the hour ex- 
actly ; I don't remember. 

Q. Do you know who acted, at the time of your voting there, as inspectors 
of that election? — A. I have attended so many elections I will get mixed up 
on that; I think Hulburt Shaver. 

Q. Was there a man named Griffin acting as insi)ector? — A. He was the 
supervisor of that t«cvnship. 

Q. Had you been around in thnt voting place that morning before you 
voted?— A. I think I just stei)i)ed in and hung up my coat, then passed out 
when I came in the morning. 



CARNEY VS. SMITH. 105 

Q. After you voted did you stay tbere in the voting place? — A. Not until 
the votes commenced to be counted. 

Q. When did they begin to count the votes there that day? — A I don't Itnow; 
between two and three in the afternoon. I thinly. 

Q. How long were you in there just before tliey commenced counting, al)out 
2 or 3 o'clock that afternoon? — ^A. When they commenced counting I was there 
all the time after that. 

Q. How long did you stay there after they commence<l counting? — A. Until 
Uie vote was counted. 

Q. What time did they conclude the count? — A. I think somewhere about 11 
o'clock that night — along about that time. 

Q. When you voted did you ask anybody there how the vote stood? — A. I 
asked several times the number of votes cast; that is all. 

Q. When you voted? — ^A. No, sir; not when I voted, but during the daytime — 
how many votes had been polled. 

E. A. JOHNSON, recalled for further cross-examination, testified as follows: 

Examined by Mr. Maynabd: 

Q. Mr. Johnson, when you organized the l)oard in the morning — when the 
board was organized in the morning there in Bellevue precinct — ^was the oath of 
office administered to you orally and afterwards you signed theoathV — A. It was 
to all of us as we stood there. 

Q. You all held up your hands? — A. Yes, sir. 

Q. And afterwards you signed the certificates? — A. Yes, sir. 

Redirect examination by Mr, Adams : 

Mr. Adams. I move to strike that out on the ground that it is iucomi)eteut, 
irrelevant, and immaterial and not the best evidence. 

Q, Who administered the oath to you? — A. I was trjing to think. 

Q. Dan Hall?— A. I think so; I think it was Dan Hall. 

Q. Hadn't Mr. Hall acted on that board before? — A. Yes, sir. 

Q. Do you know whether anybody adminlsteretl the oath to Dan Hall that 
day? — A. I couldn't tell you. 

Q. You don't know of any oath being administered to Dan Hall that day, do 
you? — A. No, sir. 

Q. While you were there? — A. No, sir: I do not. 

Q. Was there any oath aflniinistered by anybody to Dnn Hall before he began 
to act on that board of election? — A. I think not. 

RecroFS-examination of Mr. Maynard: 

Q. Who was the other justice of the peace? — A. Mr. Rogers. 
Q. Did he administer the oath to yon? — A. No, sir. 

Q. He didn't to .inyone that you know of? — A. No, sir; he held up his hnnd 
with the rest of us. 

WILLIS A. CASE, recalled for further examination on the part of the con- 
testant testified as follows: 

* 

Examined by Mr. Adams: 

Q. Now, when they liegan counting there in the afternoon, Mr. Case, who 
did the counting of the votes? — ^A. I was not in the house at that time, but 
when the clerk came, in the first place, he took down the vote. 

Q. Do you know who that was? — A. I think it was Mr. Clements, at that 
time the challenger of the Democratic Party, rend the hallo's. 

Q. He rend the ballots? — A. Yes, sir. 

Q. He hsndled the ballots and read them? — A. He offered to read them and I 
watched him do It. 

Q. He read them out aloud? — A. So we could both hesir to the other table. 

Q. Were you acting there? — A. I was ac ing as challenger for the Republican 
Party. 

Q. When they came to a ballot that had John M. C. Smith's nnme on it tliey 
would call off. Smith for Congress? — A. Yes, sir. 

Q. And the other candidates that were voted for on the ballot, they would be 
called off aloud so you could all hear? — A. Yea, sir. 

Q. Who else acted on that board while you were doing that counting before 
tlie polls closed at 5 o'clock besides yourself and Mr. Clements?— A. Oortez 
Cashing. 



106 CABNBY V8. SMITH. 

Q. Whnt did he do?— A. He read the votea 

Q. I I hought you said one of the challengers rend the tickers. — A. He was a 
challenger. 

Q. He was the challenger for the Democratic Party? — A. Yes, sir; he vas 
deputized to read the votes. 

Q. Who deputized him? — ^A. I don*t know; I was not in there at that time. 

Q. You don't know, then? — A. That is what they said* 

Q. Of your own knowledge, you don't know whether he was deputised? — ^A. I 
couldn't say as to that ; no, sir; I happened to be out doors at that time. 

Q. Were you sworn to act as an inspector there of that elec ion? — A. I was 
not an inspector of the election. 

Q. Were you on that day, before you began to assist in counting those votes, 
sworn by anybody? Did you take an oath there that you would perform the 
duty of counting those ballots? — A. I didn't understand I had to. 

Q. You were not sworn to act there in counting those ballots? — A. No, sir. 

Q. Were you sworn as a challenger? — A. I was elected as a challenger. 

Q. Were you sworn by anybody to act as a cliallenger at that election? — ^A. 
Not at that election; ho, sir. 

Q. Did you perform whatever duties you did perform in assisting in counting 
those bnllots without taking any oath to act In tha' capacity? — A. I didn't 
assist in counting the ballots — only watched them counting them. 

Q. Did you rend any names off? — A. No. sir. 

Q. Who read the nnnies off? — A. Cortez Cusbing, the DenK>cratic challenger. 

Q. Did he read all of them that was read after you began to count at 2 
or 3 o'clock until the time the polls were closed? — A. Yes, sir. 

Q. Who took down nnd kept the talley sheet? — A. I think Mr. Clements did. 

Q. Wns he sworn In to act upon that Iward? — A. I couldn't say whether he 
was or not. 

Q. W«8 Mr. Clements an official of that township? — A. He had been clerk 
before; he was an ex-clerk. They said he was deputized; that Is all I know 
about it. 

Q. Do you know of any oath having been administered to Mr. Clements? — 

Q. That day?— A. No, sir. 

Q. If that wjis done, it w s done before you came In there? — A. Yes. sir. 

Q. Who else, if anybody, besides those you have mentioned, asslste<l In count- 
ing after you began the count there about 2 or 3 o'clock that day up to the time 
the polls closed at 5 o'clock? — A. I don't remember of anyone. 

Q. Those are the only ones you can recollect? — A. I think so: T wouldn't say 
positively but what one of the clerks coninienceti to tally at the very last, hut I 
will not pay as to that. 

Q. (tordon Griffin was supervisor of that towMishi]) at the time of that elec- 
tion? — A. Yes, sir. 

Q. Who were the justices of the peace In that township at that time?- -A. 
William Huber and Hurlburt Shaver, I think they were both justices of the 
|)eace. 

Q. Who was the clerk in that township on that day? — A. DeWltt Cole. 

Q. D. C. Cole?— A. Yes, sir. 

Q. Were either of the justices of tlie peace there that day? — A. They wei'e 
there, the two justices of the peace were there that day; one w.is an instructor. 

Q. Were they there in the morning wlien you voted? — A. Yes, sir. 

Q. Mr. (iriffin, Mr. Shaver, and Mr. Huber. wiien you voted? — A. I will put 
one qualification. Shaver I don't remember. Hul)er and (irifiin were iheiv; Mr. 
Jones can tell whether Shaver wrs a justice of the peace or not. I can't haixlly 
remember that. 

Q, Were you there when the ballot box was o|)ened and the ballots taken 
therefrom and the vote commenced to be counted at 2 or 3 o'clock? — ^A. 
1 didn't know it until after I got In: I don't know whether they were sworn 
or whether the ballots were emptied out; when I g«Jt there they were emptied 
out. 

Q. Where?— A. On the table. 

Q. All of them emptied out of the box? — A. Yes, sir; and the 1h>x turned bot- 
tom side up. 

Q. Did they use that ballot box again for deiM)i>itlng ballots In or did tJiey 
have another one? — A. They used the same ballot box. 

Q. Did they seal it— lock it and seal it?— A. I couldn't tell you; I couldn't 
swear to that; I didn't watch for those things. 



GABKEY VS. SMITH. 107 

Q. I suppose yon were right nenr the men when the countinK began at 2 
or 3 o'clock in the afternoon, who were carrying on the election, receiving 
tlie votes and passing out the ballots? — A. Just out of the way in the comer, 
IwclE in the comer a little bit. 

Q. How far from the board? — A. We were not more than— only Just room to 
pass between them and the table where we were. 

Q. Two or 3 feet?— A. I think so. 

Q. As you were counting and the voters coming in and castiQg their ballots, 
the votes for the different candidates were being called off by you gentlemen 
who were counting, when the voter went up to register his ballot, the voter was 
nrar enough to you gentlemen so that in cnlliug off the ballots he could hear 
what was cjilled off? — A. I supjioFe so; Mr. (rrifHn stood maybe 3 feet from 
the table, they pflssed the other side of him. 

Q. Mr. Griffin was receiving the ballots? — A. Ycf, sir. 

Q. Who pj^ssed out the ballots after you began counting? — A. I think Mr. 
Hhaver; he was an inspector there that day. 

Q. How close did Mr. Shaver stand in passing out the b:i11ots to the voters 
and you gentlemen while you were conducting that count? — A. It must have 
been better than 20 feet. 

Q. All in one room? — A. Yes. sir; all in one room. 

Q. Did you finish counting those ballots you startei to count at 2 or 3 o*cIock 
that afternoon before the iiolls closed? — A. No, sir. 

Q. How many ballots had you counted after you commenced at 2 or 3 o'clock 
that afternoon up to the time the polls closed that day? — A. I couldn't say as to 
that. 

Q. How many ballots were there in the box when you emptied and began 
counting at 2 or 3 o'clock that afternoon? — A. I couldn't give you the exact 
number. I can approximately; I think there were about — I can't give that 
either — about two-thirds of the vote in, I think. 

Q. Were you there when the counting was condudert alK)nt 11 o'clock that 
night? — A. Yes, sir. 

Q. After the polls closed at 5 o'clock — or did they close at o o'clock that 
day? — A. I think ft o'clock. 

Q. After they closed, did you or not go ahead and assist in the count? — A. I 
merely stood there watching the count. 

Q. When the votes were all counted what was done with the ballots? — A. 
They w^ere all put back in the boxea 

Q. All in one box ? — A. No. sir ; I think some in the box ; I don't know what 
they did with the whole of them; I was not watching that. 

Q. Who kept the tally book in the afternoon when you commenced the count- 
ing? — A. I think it was Mr. Cole ; I don't remember who the other clerk was — 
Mr. Cole, I know, D. C Cole. 

Q. He kept it in lead pencil?— A. I think not. 

Q. Are you sure about that? — ^A. No, sir. 

Q. I show you Exhibit 17, which is entitled " Tally sheet book of the general 
election held November 5. 1912, Carmel Township, Eaton County." That shows 
that the tally book was kept in lead pencil, was it not? — A. Yes. sir. 

Q. And the figures carried out in lead pencil? — A. I was mistaken as to that 
question. I thought it was. 

Q. I am talking about the tally sheet. — A. That was kept in lead pencil. 

Q. The tallies here were put down in lead pencil, then carried out in the final 
columns, under straight votes and split volts, in i)encll. for Representative in 
Congress, were they not, as shown by that book you are now looking at? — ^A. 
Yes, sir ; I should judge so. 

Q. They were? — A. I would call that pencil marks, all right enough. 

Q. Did you know who kept Exhibit 17 that day? — A. I couldn't tell you. 

Q. Who made the tally figures on that book I have Just called your attention 
to? — A. I couldn't tell you who kept it. 

Q. You saw them keeping that tally book there that day? — A. Do you mean 
after the board commenceil to count or before? 

Q. When they began at 2 or 3 o'clock. — A. I think that Mr. Clements did that 
work. 
Q, You sat there and saw them keeping these tally books? — A. Yes, sir. 
Q. To the best of your recollection, Mr. Ca.se, were the ballots as called off 
recorded- in this tally book in lead pencil when they began that count at 2 or 3 
o'clock that afternoon? — A. From that book I should say it was a lead pencil ; 
I don't have any other remembrance. 



108 CARNEY VS. SMITH. 

Q. Now Mr. Clemeuts was the only man who was keeping the tally sheet that 
afternoon up to the time the polls closed? — A. I wouldn't say to the last that 
the other clerks did not take hold of it. 

Q. I mean up to 5 o'clock Mr. Clements was the only man? — ^A. It might 
have been a short time before that, no votes were cast for an hour or so, and 
it seems to me the other clerks did. but I couldn't say. 

Q. Most of the time up to 5 o'clock did Mr. Clements keep the tally sheet? — 
A. Yes, sir. 

Q. He was the only man up to 5 o'clock that kept the tally sheet mostly? — ^A. 
Yes, sir. 

Q. Do you know what was done: if any other tally sheet book was kept 
what was done with it? — ^A. No, sir. 

Q. There was but one kept in the afternoon up to the time they closed the 
polls — one tally sheet book? — A. There w^as but one tally up to the time the ixjlls 
closed most of the time. 

Q. But one kept — one book? — A. One book; it seems as though to me for a 
time — for a while toward the last — that Mr. Huber did, but the books ought 
to show for that: it seems to me he acted a part of the time — at the latter 
part of the time? — both of them acting at that tlnje. 

Q. He was acting as inspector? — A. Yes, sir; I think he took hold after a 
time — after the tickets had nil been marked — but I would not be i)ositive about 
that. 

Q. You are not sure about that? — A. No, sir; but I think there were two for 
a part of the time. 

Q. I suppose people came along when you were counting and watched the 
counting some? — A. Oh, they went right along through. 

Q. Some of them stopped there? — A. I don't know. 

Q. And looked on? — A. I don't know. 

Q. You knew what the vote was thei-e as it was going along — how the thing 
was running I supi)ose? — A. Do you mean when they commenced to count? 

Q. Yes. A. Yes, sir; as near as I could remember in my mind. 

Q. You could carry in your mind how many votes were being received for 
John M, C. Smith and how many were received for Claude S. Caniey? — A. I 
didn't keep any track in that way. 

Q. You carried in your mind whether Smith was ahead or Carney? — ^A. My 
interest was in one man as much as the other. 

Q. You did that as far as the different candidates were concerned? — A. On 
the straight tickets I could tell, that is all. 

Q. You could see the tally book in front of you on the table that was being 
kept? — A. It was just across from nie on the table. 

Q. You could see what was on the book? — A. I didn't watch that. 

Q. You could .see what was on the book? — A. I was watching the reading of 
the ballots. 

Q. You were keeping track of it to find out how the election was going? — 
A. No. sir; it is always proper to have a watch kei)t: you can niMke a niis?tako 
very easily and I was there if a ballot was wrong to challenge that ballot. 

Cross-examination by Mr. Maynard: 

Q. Had they counted any ballots when you took your place there to watch 
the count in the afternoon? — A. They had not counted any. 

Q. Who dirt that? — A. When I got in there Mr. Clements was there and 
Cortez Cushing. 

Q. Those wei-e the two men who took charge of the ballots? — A. Y'es, sir. 

Q. Were the insjiectors there? — A. The full board was there. 

Q. The full election board was present? — A. Was present watching the elec- 
tion. 

Q. Did you see them open this ballot box? — A. No, sir. 

Q. When you went in did you see them emptying the ballot boxes? — A. Yes, 
sir. 

Q. Who was It? — A. The supervisor. 

Q. Who was that?— A. Mr. Grifiiu. 

Q. Who was present? — A. The board. 

Q. Who else? — A. Whoever was outside In the hall ; I can't remember. 

Q. Do you know whether there were many there or not? — A. I think there 
was quite a good many there; quite a crowd. 

Q. Did you see any of them at the same time you were counting standing next 
to the railing? — A. There was lots of them standing along the railing. 



CABNEY VS. SMITH. 109 

Q. Where did this voting take place, this election? — A. In the town hall. 

Q. Which side of the booths was the ballot box placed? — ^A. A little southwest 
of the booths. 

Q. Which way did the building face? — ^A. It faced the south. 

Q. The building run north and south? — A. The building run north and south. 

Q. The front door to the south? — ^A. Yes, sir. 

Q. Which way did the railing run? — ^A. East and west 

Q. Across the building? — A. Across the north end of the building. It was 
liartitioned off a little less, probably, than one-quarter of the building. 

Q. The front of the railing is open to the public? — A. Yes, sir. 

Q. Which end of the railing was occupied? — A. The east. 

Q. Which way did it face inside?— A. West. 

Q. To the west end of the railing? — A. Yes, sir. 

Q. Which way did the booths run? — ^A. East and west. 

Q. How many did you have? — ^A. Four. 

Q. Where was the inspector placed that delivered the ballots to the voters? — 
A- To the east gate. 

Q. Where did the voter go out on the other side of the booths? — A. He went 
in cm the south side of the booths and came out on the north. 

Q. Was there room at both ends of the booths to pass around the booths? — ^A. 
Not at both ends. They were against the wall at the east end. You could go 
into the booths and pass out to the north. 

Q. Where did they deposit the ballots? — A. Southwest of the booths a little 
bit. 

Q. Then the inspectors both, the one who delivered the ballots and the one 
who received the ballots, could see each other? — A. No, sir; the insjiector — the 
one who gave out the ballots — was to the east side and the supervisor and clerk 
to the west side, as near as could be. 

Q. The booths run east and west? — A. Yes, sir. 

Q. They both were a little in front of the booths? — A. Yes, sir. 

Q. There was nothing between the inspectors, nothing to hinder their view of 
each other? — A, No, sir. 

Q. Where did the clerks sit; between them? — A. At the table Just about south 
of the west end of the booths. 

Q. They sat near the one who received the ballots? — ^A. Yes, sir. The box 
was just west of the table, and the man who took the ballots was west of that. 

Q. Where did the table sit that contained the ballots that those men were 
counting? — A. On still west of where the supervisor sat, next to the wall. ' 

Q. Was it north of the supervisor or straight west? — ^A. Perhaps a little 
north. 

Q. It was in that corner, the northwest corner? — A. So as to be handy with 
the bookcase. 

Q. How many were there watching this count In the afternoon? — A. Three, 
most of the time, I think. 

Q. Who were they? — A. Mr. Clements, Mr. Gushing, and myself. 

Q. Mr, Gushing is a Democrat? — A. Yes, sir; the Democratic challenger. 

Q. He was appointed challenger on that occasion for the Democratic Party? — 
A. Yes, sir. 

Q. And you were for the Republican Party? — A. Yes, sir; I t(K)k the position 
bec*ause they did not put in any challenger. 

Q. You watched the reading of the ballots by Mr. Gushing? — A. Yes, sir. 

Q. You say you did that for two purposes, and one was to see If there were 
any ballots that were Illegally marked? — A. Yes, sir; that Is one thing I was 
there for. 

Q. You observed whether they were correctly read? — A. Yes, sir. 

Q. Now. did Mr. (bushing read those ballots as they were delivered to him, 
correctly? 

Mr. Adams. I object to that as Incompetent, Irrelevant, and Immaterial. 

A- Yes, sir; I think he did. If he didn't make any mistakes. 

Q. Did you In all that afternoon observe a mistake that Mr. Gushing made In 
reading those ballots when he was tallying? — A. No, sir. 

Q. Are you acquainted with the big bulk of the voters who cast their ballots 
there at that election? — A. A great many of them; some newcomers I am not 
acquainted with. 

Q. This board of election, how long have you known the members of that 
board?— A. Well, it has been a good many years; almost since 1 can remember. 



110 CABNEY VS. SMITH. 

Q. Do you know what the reputation of Mr. Griffin is in tliat towuahip for 
beinj; an honest, upright man? 

Mr. Adams. I object to that as Incompetent, irrelevant, and immaterial, and 
not a proi)er question. 

Q. Have you the means of knowing what his reputation is in that community 
as to being an honest, upright man of integrity? 

Mr. Adams. Objected to as incompetent, irrelevant, and immaterial, calling 
for the conclusion of the witness and not calling for any fact, nor does it give 
any moans of measuring what his means of knowledge are. 

Q. Have you the means of knowing? 

Mr. Adams. The same objection. 

A. Only from living up there and being acquainted with him all his life. 

Q. Are you acquainted In the community in which he resides? — ^A. Yes. sir. 

Q. Did you ever hear him questioned as not being an honorable, upright 
mnu and a man of integrity in that community? 

Mr. Adams. Objected to as incompetent, irrelevant, and immaterial, and not 
the proi)er way to show what counsel seeks to show by the question under any 
rule of evidence. 

A. I never heard a word against him. 

Q. Is he one of the most prominent farmers and well-known men !u tliat 
township? 

Mr. Adams. Objected to ns lncomi)etent, irrelevant, and immaterial. 

A. Yes, sir. 

Q. Do you know William Hul)er? — A. Yes, sir. 

Q. How long have you known him? — A. Just as long as I can rememl>er back. 

Q. Where does he live; what township? — ^A. In Camiel. 

Q. How long has he lived there? — A. He has been away some, but that has 
been his h()nie for most of the time. 

Q. Fur liow long? — A. Well, I don't know for that; it has been a good while; 
I think I r: u remember him from a boy. 

Q. Wl:at is his age now? — A. I don't think he Is quite as old as I am; I think 
between 4r> antl 50. 

Q. Do you know whether he has held any [)ositlous In that township? — A. 
Yes, sir; he h»»8 l)een jnsstlce of the peace for a good many years: I know that. 

Q. Have you the means of know^lng what his reputation — general reputa- 
tion — Is for honesty and integrity and being an upright citizen*^ 

Mr. Adams. Objected to as incompetent, irrelevant, and Immaterial, not call- 
ing for any fact and in violation or every rule of evidence applicable to such 
question and a conclusion. 

A. 1 have *he same moms I have of knowing the rest of them — by living In 
the same township with them. 

Q. Did you over hear his general reimtation assailed or called In question by 
any citizen of the township? 

Mr. Adams. Objected to as incompetent, irrelevant, and Immaterial. 

A. No, sir. 

Q. Are you acquainted with Hurlburt Shaver? — A. Yes. sir. 

Q. How long have you known him? — A. | think he has been a boy in Carmel 
the s«inie as I was. 

Q. You have known him since his boyhood? — A. Yes, sir. 

Q. What is his business? — A. He Is a farmer. 

Q. Is Huber a farmer? — A. Y'es, sir. 

Q. And Mr. Griffin is?— A. Yes, sir. 

Q. Is Mr. Cole a farmer, too? — A. Yes, sir. 

Q. How long has Mr. Shaver been a justice of the i)eace In that township? — A. 
He has been several terms and has been clerk and treasurer there. 

Q. Of the township?— A. Yes, sir. 

Q. Have you the means of knowing what the general reputation of Hurlburt 
Shaver is in that community for honesty. Integrity, and good citizenship? 

Mr. Adams. Objected to as Incomix^tent irrelevant, and immaterial, calling 
for the conclusion of the witness, not calling for any fact, and Is in violation 
of every rule of evidence applicable to the subject matter inquired about. 

A. The same as the rest ; I have known him ever since he was a boy. 

Q. Did you ever hear any question about his honesty or integrity In that 
community? 

Mr. Adams. Objected to as Incomi)etent. irrelevant, and immaterial «nd 
hearsay. 

A. No, sir. 



CABNBY VS. SMITH. Ill 

Q. In wHteliiuf? this election did you obnerve nnythlng In the conduct of thnt 
ejection which restricted the privilege of every honest voter to vote as he wiw 
fit for the cnndidates on the tickets? 

Mr. Adams. Objected to as incoui]ietent, irrelevant, and immaterial and 
calling for the conclusion of the witness. 

A. No. sir. 

Q. So f 21 r as you observed, was that election an honest election. 

Mr. Adams. Objected to as incompetent. Irrelevant and immaterial and calling 
for the conchisiou of the witness as to what the law Is. 

A. Yes. sir. 

Q. In watchiiiii; that election and the count during the afternoon, were all the 
votes which were cjist In thnt precinct for Claude S. Carney credited to hlnl? — 
A. I think they were. 

Q. Were any votes credited to John M. C. Smith which were not cast at that 
election for h!m in that precinct? — A. I think not, sir. I didn't see auythlag 
of th«it. 

Q. Now. when Mr. Citshing was reading those ballots did he read all of the 
ballots tor eitch candidate cast fbr hlni on the entire jiarty ticket of each 
patty? — A. Yes, sir. 

Q. Was that a large ballot?— A. A large ballo^ 

Q. Were there a good many candidates on the Republican ticket for Presiden- 
tial electors? — ^A. Yes. sir. 

Q. How many party tickets were there on that ballot? 

Mr. Adams. Objected to as irrelevant and immaterial and not the l>est 
evidence. 

A. I think six: I will not be sure. 

Q. Can you name them? — A, Republican, Democrat, Progressive, Socialist, and 
Socialist Ijabor, if I remember right, and Prohibition. 

Q. When a ballot was cast for the Republican ticket and was what you call 
a "spilt" ticket, did Mr. Shaver read the entire list of names after the 
electors? — ^A. Mr. Cushing? 

Q. Yes. — A. After the electors: yes, sir. 

Q. Each man that received a ballot clear down through?— A. Yes, sir. 

Q. Do you think It would have been |>oRslble for any man to hear hlni rend 
to carry in his mind how many votes each man on that long ticket was given? — 
A. I think not. 

Q. Mr. Cushing didn't make any difference when reading between John M. C. 
Smith's name and Claude S.. Carney's name, to show that be had any choice 
about either man? — ^A. Not a bit. 

Q. Did he retid them In a perfectly honest, square manner as far as you 
ob»er\*ed? 

Mr. Adams. Objectei to as Incouiiieteut. irrelevant, and immnterlal, calling 
for the conclusion of the witnc^ss and not for any fact. It la a que.^tlon for the 
conrt to determine whether honest or not and not for this witness to give his 
opinion. 

A. Yea, sir. 

Q. Did you hear any attempt by Mr. Cushing to emphasize any particular 
candidate's name or give any advantage to any candidate whose name api)eare<1 
on any one of those ballots that day? 

Mr. Adams. Objected to as incomiH»tent, Irrelevant, and immnterlla, and call- 
ing for the conclusion of the witness. 

A. No, sir. 

Redirect examination by Mr. Adams : 

Q. Where did Mr. Cushing stand; how far from you when he read the 
ballots? — ^A. I stood right back of him, looked over his shoulder. 

Q. All the time while reading? — A. Yes, sir. 

Q. You stood back of Mr. Cushing? — A. Yes, sir. 

Q. You stated that all the votes that were cast for any candidate on any of 
those tickets were correctly counted for the candidates for whom the votes were 
caaft that day. did you? — ^A. Yes. sir. 

Q. How do you know whether the man that was keeping the tally sheet 
reported it correctly or not? — ^A. I stood there reading them over. 

Q. How do you know whether he registered them correctly as they were called 
off or whether he did not? 

Mr. Maynard. I object to this manner of cross-examining their own witness; 
there is nothing to show that he is a hostile witness, and we object to the 



112 CARNEY VS. SMITH. 

manner of reexamination taking the form of a cross-examination. And we have 
another objection I wish to make. It wiil appear from the record that every 
witness that is placed upon the stand is examined on direct examination, and 
when cross-examined the attorney immediately takes tbe witness and proceeds 
on matters which he should have exhausted him on in his direct examination^ 
violating all rules of the Federal courts, that he should exhaust the witness 
before he leaves him. 

Mr. Adams. I suppose you know that that rule doesn't apply to any new 
matter brought out. 

Mr. Maynabd. This way of examining the witness has continued from the be- 
ginning; he called the witness and went into the examination of the count and 
what he did and the whole thing on his direct examination, and now after he 
has heard the cross-examination, he commenced immediately to examine him 
upon that which he should have fully gone Into in the first place. 

(Last question read.) 

A. I couldn't tell you; I couldn't watch him. 

Q. You simply watched the ballot as Mr. Gushing read it? — A, Yes, rfr. 

Q. Whether that tally book correctly shows the votes as they were called off 
by Mr. Gushing and put down on the tally book you don't know? — A. Only he 
kept count of them all the time, and when he came to five he counted five. 

Q. Mr. Gushing kept the count?— A. No, sir; the tally clerk. 

Q. Mr. Gushing kept calling them off?— A. Yes, sir. 

Q. Whether the tally clerk put them dow^u on the book correctly. Just as 
they were called off, you don't know, do you? — ^A. I couldn't tell you that; 
nobody can tell that; you can't tell that at any election. 

Mr. Adams. I move that what they could do at any election is a conclusion 
of the w^itness and is incompetent and irrelevant and should go out. 

Q. I understood you to say on your cross-examination you were not ap- 
pointed a challenger by any i)olitical party? — ^A. I am the challenger of the 
township committee. 

Q. You were chairman of the Republican township committee at the time 
of that election? — A. Yes, sir. 

Q. Did you appoint yourself? — ^A. Yes, sir. 

Q. Did you hand in any certificate^ to the board that you had ap|3ointed your- 
self as challenger in that election? — A. No, sir. 

Q. You didn't do that? — A. No, sir; 1 didn't see anyone hand any in. 

Q. I ask you whether you did. Did you personally on that election day, to 
the election board, hand them a ceitifieate that yon had appointed yourself to 
act as challenger for the Democratic Party at that election at that voting 
place? — A. No, sir. 

Q. On that day?— A. No, sir. 

Q. You didn't do that?— A. No, sir. 

Q. So that you went in there self-appoint e<l to act as challenger at that 
election; is that true? — A. That is true. 

Q. l"ou had been interested in the candidacy of John M. G. Smith for Gon- 
gress prior to that election day? — ^A. Nothing more than any other man. 

Q. You had been interested prior to that election day on the 5th day of 
November, 1912. on behalf of John M. G. Smith, Representative for Gongress, 
on that ticket that was being voted at that election on that day? — ^A. I ex- 
plained my position, no more than anyone else. 

Q. You had been interested in his behalf and in his election? — A. No more 
than anyone else. 

Q. You had been interested in his behalf and in his election? — A. The whole 
ticket. 

Q. And with the whole ticket for him? — A. Yes, sir. 

Q. Like everybody else on the Republican ticket? — A. That was my official 
place. 

Q. How close was the voter to you when he handed in his vote to be voted 
that day, after he had marked it, to the booth? — A. I couldn't say exactly to 
that; it might have been 5 or 6 feet. 

Q. When he received the ballot from the election board and took it to the 
booth to mark, how far was the voter from you when he received that ballot 
and took it to the booth? — A. I should think in the neighborhood of 20 feet 

Q. The only member of that election board who assisted. If anyone, on that 
day, aside from Mr. Gushing and Mr. Glements, wtis Mr. Huber, before 5 
o'clock?— A. I think so. 

Q. He was- the only one who assisted in counting those votes after they com- 
menced about 2 or 3 o'clock that day up to 5 o'clock on that day when the polls 



CABNEY VS. SMITH. 113 

closed, it any of Uie inapectora assMad beaMkas Mr. Cnahlng?^A. I think Mr. 
Hvber watched that vote a great deal of the time; I think he watched it most 
of the time. 

Q. He was the only <»e of the election inspectors beaidea Mr. Cashing who 
did do that Qp to 5 o'clock after yon commenced to oonnt? — ^A. I conldn't say 
poeitiTely, as he worked on tiiat nntil abont 5 o'clock or half past 4 o'clock. 

Q. He is the only <me yon have any recollection of T — ^A. Yes, sir ; I couldn't 
mmtion any other man. 

Q. Up to the time they got through counting, did any of the other tDSpecterR 
recount those ballots that you gentlemen had counted up to 5 o'clock?-~A. I 
couldn't say. 

Q. You were there? — ^A. I couldn't nay whether they were recounted or not 

Q. Yoa were there until the count was completed? — A. Yes, air; the count 
was going on that night ; I was simply watching the new tickets that were cast 
after 2 o'clock. 

Q. Tkfm yoQ don't know whether all the bHllots that were voted for any can- 
didate w^e correctly counted or not? — A. I don't know anything about the tally 



Q. If you don't know wheth^ any of thoae ballots you counted from 2 o'clock 
to 5 o*clock were again recounted aftw the board got through with the election, 
you don't know whether all that were cast there by the voters were correctly 
counted tor the candidates for whom they were voted, do you? — ^A. I don't know 
what the tally derks did at all. 

Q. Is that the only answer you can make to the question? — A. Yes, sir; that 
la all. 

Q. Was there more than one man reading the ballots after 6 o'clock? — A. No, 
sir ; not the tickets. 

Q. As far as your observation went or your recollection now goes, it is a fbct. 
is It not, that when 5 o'clock came the ballots that you had counted from 2 
o'clock to 5 o'clock that day were not again recounted by those members of that 
board who had not participated in the count of those ballots up to 5 o'clock of 
that day? — ^A. I couldn't say whether they were or not. 

Q. You didn't see it done? — ^A. I didn*t see it done; that is the reason I can't 
swear to it 

Q. Mr. CSementa was a Republican, was he? — ^A. Yes, sir. 

Q. And had been for some time? — A. Yes, sir. 

Q. Mr. Huber had been a Republican for a great many years? — A. Yes, sir. 

Q. And Mr. Gushing had been a Republican for a great many yenrs? — 
A. Yes, air. 

Q. And Mr. Griffin had been a BepuMican for a great many years?- - 
A. Yea, sir. 

Q. And Mr. Shaver had been a Republican for a great many years? — ^A. 
Tea, sir. 

Q. They were pvstty strong local RepubMoana, and alwaya had beaa?— 
A. Why, as tktey uaoally nm, yes, sir; I guess they always split their ticketH 
sometimes, but they were Republicana 

Q. Had Mr. Coirihlng been acting on that board on that day in any capacity' 
tiMt you observed b^ore you commenced counting those ballots in the after- 
noon? — ^A. No, sir; he was Just township clerk the year before. 

Q. So when they began thia count about 2 or 3 o'clock that dny, he was the 
man to assist?— A I umnjuw so; he was in there; I didn't see him called in. 

(Whereupon a receas was taken until 1 o'clock p. m.) 

WIIJJS A. CASB. recalled, testified further as follows: 
Cro8»«xamination by Mr. Maynabd: 

Q. Which one of the board initialed the ballots?— A. Mr. Huber. 

Q. When he was not engaged in Initialing the ballota, was he watching tke 
count during the afternoon? — ^A. Yes, sir; most of the time. 

Q. W^re you there wheaa. the board organized In the morning on the 5th of 
November last?— A. I waa not 

Redirect examination by Mr. Adams : 

3. Were you subpoenaed as a witness? — A. Yes. sir, 
. By whom?— A. By Mr. Oimey. 
Q. Personally ?~-A By the aheritf. 

286—18 8 



114 CARNEY VS. SMITH. 

Q. How mtmy miles do you live from (Charlotte? — A. About four and a hnlf. 
Q. Did the sheriff pjiy you your fees? — A. Yes, sir; $1.35. 

FRANK FORI), being first duly sworn to testify to the truth, the whole 
truth, and nothing but the truth, testified in behalf of the coufestant as follows: 

Direct examination by Mr. Adamb: 

Q. Mr. Ford, do you hold any ofiiclal imsition in the county of Eaton, State 
of Michigan?— A. I do. 

Q. What?— A. County clerk. 

Q. How long have you been county clerk?— A. Since the 1st day of Jan- 
iiary, 1913. 

Q As such clerk do you have the custody and possession of the election 
lecords showing the officers of the various townships and when elected in the 
county of Ea'on? — A. I do. 

Q. I show you a book entitled " Election Record 21, Township of Eaton '* on 
the back of that record and nsk you whether that record is one of the records 
in your possession now as the county clerk of the county of Eaton, State of 
Mlchfgan?— A. It is. 

Q. Does that record or not show the different township officers elected at tlie 
April election In 1912?— A. It should. 

Q. That is what It purports to show? — A. Yes, sir. 

Q. The township elections in the Stnte of Michigan are holden on the first 
Monday of April In each year? — A. They are. 

Q. The township officers — supervisors. Justices of the peace, and township 
<*lerks — are elected once a year only and at that election which, by law, is fixed 
to be held in April of each year? 

Mr. Maynard. I object to that as incompetent and immaterial and not the 
t>est evidence. 

Mr. Adams. Don't you concede that as a fact? 

Mr. Frankhai'sfr. I don't know of any law requiring the county clerk to 
"koep such a book. 

Witness. I don't think there Is any law requiring it 

Q. Mr. Ford, have you In your custody as county clerk of the county of 
Eaton the election returns from the townships showing who was elected as town- 
ship officers at the April, 1912, election in the respective townships? — ^A. I think 
I have: 1 wouldn't state positively. 

Q. Will you li^ake a search in your office and find, if you can, all the returns 
from the county of En ton of the election held in April, 1912? — A. The reconl 
of 1911 wouldn't show^ all the Justices of the peace; they are elected every four 
^^enrs. 

Mr. Maynard. We will consent that you may read from that book who the 
supervisors, Justices of the pence, and township clerks of the respective town- 
ships In the county as they appear from that book, and we will make no ques- 
tion t.bout the method of proof, but will object to the materinllty of the testi- 
inony. 

Mr. Adams. Thnt testimony may be given from this record that has been 
referred to with like effect as if the elec!ion returns themselves were here and 
"were offered In evidence. 

Mr. Maynard. Yes. sir; we do that to shorten the record. 

Q. With the concession made by counsel for the contestee, will you please to 
toll me and read from that record, beginning with the township of Bellevue — 
1h}it Is the flrs*^ one in the record I think — who was elected as supervisor in the 
township of Bellevue at the April, 1912. election?— A. H. M. Weed. 

Q. Who was elected as clerk In thnt township? — A. Chnrles A. Pendle. 

Q. Who was elected as Justice of the pence? — A. W. H. Gayton. 

Q. Who were the Justices of the peace, as shown by this record, in the town- 
-ship of Bellevue at the time of the November 5, 1912. general election tha*^ was 
lield In this Stnte of that township?— A. As far as this record shows, D. K Hall 
:and M. D. Rogers. 

Q. Take the township of Benton and give me the information as to those 
officers I have Just Inquired about. 

Mr. Frankhavskr. I would suggest that the witness make a list of those 
township officers and put it In evidence. 

Mr. Adams. Thnt will be all right 

Referring to Exhibit IS. one of the poll bcmks of the general election held 
on November 5, 1912, in the first ward of the city of Eaton Rapids, county of 



CABNEV VS. SMITH. 115 

^ton, on page 2, under the heading as follows : ** Oaths of inspectors of elec- 
tion," is the following : . . 

"State of Michigan, County of Eaton, ss: .' • ' 

** I do solemnly swear that I will siipiwrt the Ooustitutlou of the l^nit^^d States 
and the constitution of thin State, aud that I will faithfully discharge the 
duties of the office of inspector of this election, held on Tuesday, the 5th day of 
November, 1912. according to the best of my ability. 

" Fred Rohbbach. 



«« 



Taken, subscribed, and sworn to before me the 6th day of Novemb^, 1912. 

"H. S. DeGolia, City Clerkr 

Mr. Maynard. We object to It as incomi)etent and irrelevant and not covered 
by anything in the notice of contest. 

*• State of Michigan, County of Eaton, ss: 

" I do solemnly swear that I will support the Ck>nstltution of the Uni*^ed States 
and the constitution of this State, and that I will faithfully discharge the duties 
of the office of inspector of this election, held on Tuesday, the 5th day of Novem- 
ber, 1912, according to the best of my ability. 

"J. J. Holmes. 

" Taken, subscribed and sworn to before me the 5th day of November, 1912. 

•*H. S. DeGoua, City Clerkr 

Mr. Maynard. The same objection. 

Mr. Adams. I desire to have the record show that those are the ouly two 
certificates showing that any inspecrtors in that voting precinct were sworn to 
act as inspectors in that election in that voting precinct the 5th day of Novem- 
ber. 1912. 

Mr. Maynabd. We object to that as incompetent and Immaterial. There is 
nothing to warrant it in the notice of contest. 

Mr. Adams. In the same exhibit under the heading " Oaths to clerks of elec* 
tlon," on page 3, contains two separate cerliflcates showing that Henry A. 
Rogers and Silas Godfrey took the oath to act in the office of clerks of the 
election held Tuesday, the 5th day of November, 1912, and each of said clerks, 
as appears by this exhibit, were sworn before H. S. DeGolia, city clerk. 

Mr. Maynard. We object to that as incompetent and inunaterial ami not 
raised by the notice of contest 

Mr. Adams. I offer in evidence from this same exhibit the following: 

" State of Michigan, County of Eaton, ss: 

" CERTIFICATE OF INSPECTORS. 

•* We do hereby certify that the foregoing \)o\\ list has been carefully compared 
with the duplicate poll list as required by law, and that all mistakes found in 
fkuch poll lists have been duly corrected by us and that' both sttid iJoU lists are 
now correct and agree with each other. 

"In witness whereof we have hereunto set our hands at the fir^t ward, city 
of Eaton Rapids, said county and State, this 5th day of November. 1912. 

"Henbt a. Rogers, 
"Silas Godfrey, 
"J. J. Holmes, 
" Fred Rohrbach, 
** Inspectors of the General Election, Held 
on Tuesday, the 5th day of November, 1912. 

Mr. Maynard. The same objection. 

Mr. Adams. This exhibit I juj=t read from I desire to have the re(?ord show is 
contained In an enveloi)e which is addressed " County Clerk, Charlotte, Eaton 
CJounty, Michigan." 

Mr. Maynard. The same objection. 

Mr. Adams. I read into the record from the tally sheet b(K)k of the general 
election held November 5. 1912, township of Roxand, county of Eaton. Michi- 
gan, and desire to have the record show that on pages 12 and 13 of this tally 
sheet book, opposite "Representatives in Congress," there are no tallies what- 
ever contained in this book, showing that the tally clerks did not enter upon this 
tally sheet book, Exhibit 19, any list of the votes as called off of the ballots 



116 CARNEY VS. SMITH. 

tbat were supposedly counted, and that under the head " Total straight votes," 
opposite the naiue of John M. C. Smith, candidate for Representative in Con- 
gress, appears in figures 101. Under tlie head of ** Total split votes/* opposite 
the name of John M. C. Smith, Representative in Congress* appears in figures 
68. Under the head " Total votes received," opposite the name of John M. 0. 
Smith, Representative in Congress, appear the figures 169. Opposite the name 
of Claude S. Carney, for Reiw^sentative in Congress, under the head "Total 
straight votes," appears the figures 37. Under the head "Total ^Ht votes," 
opposite the name Claude S. Carney, Representative in Congress, appear the 
figures 24. Under the bead "Total votes received," opposite the name of 
Claude 8. Carney, for Representative in Congress, appear the figures 61. 

I also desire to have the record show that this tally sheet book, Exhibit 19, 
does not show that there was any tally kept of this poll book of any of the 
votes, whether straight or split, for Claude 8. Carney. 

I am now reading from page 2 of Exhibit 20, under the head of " Oaths of 
the inspectors of election." This exhibit shows that each of the following-nnmed 
persons, George E. Potter, Ed. Davis, Abraham St Inkle, and Burton J. Pumfrey 
vlgned the following certificate: 

" State of Michigan, County of Eatot^, ««: 

" I do solemnly swear that I will support the Constitution of the United States 
and the constitution of this State, and that I will faithfully discharge the duties 
of the office of insr)ector of this election, held on Tuesday, the 5th day of Novem- 
ber, 1912, according to the best of my ability." 

Each one of said persons were sworn by Ix)yal W. Davis. There Is no show- 
ing on the record in what capacity L. W. Davis administered the oaths. 

The record also shows, on page 3, under the heading " Oaths to clerks of elec- 
tion," that Robert D. Jackson and H. A. Williams signed the certificate, showing 
that they would discharge the duties of the office of election clerks at that elec- 
tion on November 6. 1^12, according to the best of their ability. En eh of said 
clerks, thjs record shows, were sworn before I^yal W. Davis, but there Is no 
showing on the record in what capacity Tx)yal W. Davis administered the oath 
to those two clei'ks. The certificate of the inspectors at the conclusion of this 
Exhibit 20 is as follows: 



*$ 

it 



Statk of Michigan, Covntff of Eatrm, 8g: 

We do hereby certify that the foregoing i)oll list has been carefully com- 
pared by us with the duplicate poll list, as required by law, and that all mistakes 
found in such poll lists ha^-e been duly corrected by us, and that both said poll 
lists are now correct and agree with each other. 

" In witness whereof we have hereunto set our hands at Hoytville, Grange 
Hall, said county and State, on the 5th day of November, 1912. 

•' OroRCE E. Potter, 
" Burton J. Pumfrky, 
''Abram Sttnkui, 
" Ed Davis, 
" Inspectors of the general eZectiofi 

" Held Tuesday, the 5th day of Jfovember, 1912. 

Mr. Adams. I read into the record from the statement book, " General elec- 
tion. Exhibit 21, held Tuesday, November 5, 1912. at Roxand, Eaton County, 
Michigan," which contains a certificate showing that this exhibit contains a 
correct statement of the votes given In the township of Roxand, county of Eaton, 
at the general election held Tuesday, November 5. 1912. It Is signed by George 
E. Potter. Burton J. Pumfrey, Kd Davis, and Abraham Stinkle, inspectors of 
election. T also offer in evidence page 2 of Exhibit 22, which exhibit Is en- 
titled ** Poll book at the general election held November 5, 1912. township of 
Windsor, Eaton County. Michigan," showing that there Is no certificate or oaths 
In this exhibit or In any other exhibit, or In any other record rather, of the 
election returns at that election in any of the files of tliese election returns In 
the (»fflfe of the county clerk of Eaton County, showing that any Inspector was 
Hhown as such to occupy or fill the position of Inspector at that election as shown 
by this exhibit, as required by law. 

Mr. Franichauser. It could not by any possibility show any such a thing: I 
presume the page shows for Itself. 

Mr. Adams. I offer It In evidence. 

Mir. Maynard. We object to it as Incompetent and immaterial. 



CARNEY VS. SMITH. 117 

Mr. Adams. There is uo certificate iu this exhibit showing that auy ins])ector 
was sworn or subscribed any oath to act as inspector of thnt election in that 
township. 

Mr. Fbankhauseb. I suppose the book will spealc for itself, but I object to 
that method of proving it. 

Mr. Adams. I will read from i>age 2 under the heading "Oaths to inspectors 
of election." 

Mr. Matnabd. We object to it as iucomeptent and immaterial ; there Is no 
law requiring the oath to be subscribed and placed on file. 

Mr. Adams. On page 2, as appears from the exhibit, there are four blank cer- 
tificates, each one of which rends as follows : 



4< 



State of Michigan, County of 88: 

I do solemnly swear that I will support the (Constitution of the United 
States and the constitution of this State, and that I will faitlifully discharge 

the duties of the ofllce of inspector of this election held on day of 

A. D. 191 — , according to the best of my ability. 



" Taken, subscribed, and sworn to before me this — day. of A. D. 101 — /• 

Each one of said certificates appear in like manner u[>on this exhibit ; there 
are no signatures appearing and the blanks are not filled in. 

Q. Now. Mr. Ford, have you so you can tell us from the ret»ordH from your 
office who the supervisors were, the township clerks or clerk, rather, and the 
justices of the peace elected at the April. 1912. election — townshiim elections — 
In the several townships In the County of Eaton? — ^A. Yes. air; I have them as 
far as the record shows. Do you want more than the justice of the peace 
elected at that election? 

Q. Yes; can you show them now? — A. Yes; I can. Bellevue Township, H. 
M. Weed, supervisor; clerk, C. A. Bentley; justice of the peace, C. H. Gayton. 
Benton Township, supervisor. Dwlght Backus; clerk. Fen ton F. Dwyer; justice 
of the peace, Wesley B. Warrior. Brookfleld, sui)ervisor. Milo Yoxhlmer; 
clerk, F. C. Kuck; justice of the iieace, Edwin A. Hnhn. Carmel Township, 
supervisor, Gordon Grifl^n; clerk, D. O. Cole; justice of the i)eace. Oscar M. 
Thornton. Chester Township, supervisor. Charles W. Stnhl ; William .T. Fenther- 
mann; justice of the peace, Frank Maxim. Delta Township, supervisor. Car! 
Chambly; clerk, William M. S. Ryant; justice of the peace, Luther L. Plumb. 
Eaton Township, supervisor, E. L. Stewart ; clerk, E. E. Smith ; justice of the 
peace, Harrison Allen. Eaton Rapids Township, 8ui)ervisor, Seymour A. 
Rogers; clerk, Levi J. Winn; justice of the peace, George H. liOng. Hamlin 
Township, supervisor, Andl Holmes: clerk, Samuel B. Keefe; justice of the 
peace (none qualified). Kalamo Town-^hip, supervisor, S. I. Mnpes; clerk, A. 
P. Swift; justice of the peace (none qualified). Oneida Township, suiiervlsor. 
James H. Backus; clerk, John D. Jones; justice of the i>eace, John B. Strange. 
Koxand Tovrashlp, supervisor, George E. Potter; clerk — Henry L. Stearns was 
clerk, and R. B. Jackson was elected at the time of the general election: justice 
of the peace, none qualified. Sunfield Township, sui)erviHor, John H. Palmer; 
clerk, H. H. Mapes; justice of the i)eace, none qualified. Vennontville Town- 
ahlp, snpen-lsor, John C. Downey; clerk, Arthur L. Bnughman; justice of the 
peace, Ernest G. Pray. Walton Township, supervisor, Simon 1). Bryan ; clerk, 
William Green, jr.; no justice of the peace. Windsor Township, supervisor. 
William J. Bateman; clerk, Ray Bamett; justice of the peace, Daniel Bate- 
nan. That Is all the townships. 

Q. Now, go through tliose townships agnlii, Mr. Ford, and state the names of 
the justices of the i»ence, the two justices in each townshii) whow term of 
office first expired, dating from the 5th day of November, 1912.— A. The first 
Justice of the peace term expired July 4, 1913, and July 4, 1914. Bellevue 
Township, Daniel L. Hall, 1913; M. D. Rogers, 1914. Benton Township, J. 
Woodard, 1913; B. A. Murray, 1914. Brookfield Township, Frank E. Dewey, 
1913; R. Mitchell, 1914. Carmel Township, Wm. Huber, 1913; Frank Hnlsey. 
1914. Chester Township. Frank Arnold, 1913; G. E. Field, 1914. Delta Town- 
ship, Wlllett Ladue, 1914. Eaton Township, Chas lIoflTuer, 1913; Geo. W. 
Ubadie, 1914. Eaton Itaplds Tow^nship, E. A. Smith. 1013; C:ha8. H. Wilbur, 
1914. Hamlin Township, Samuel Hicks, 1913; Wm. J. Tucker, 1?)14. Kalamo 
Township, Geo. McConnell, 1913; Arthur Scrohers, 1914. Oneida Township. 
Clws. Bowen, 1913; Chas. D. Fuller, 1914. Roxaud Township, Daniel DavUs, 
1913: Burton Pumfrey, 1914, Sunfield Township. Frank H. Bacon, 1913; 



118 CARNEY VS. SMITH. 

Dennis Hager, 1914. Vernioutvllle Township. Wm. Benedict, 1913; Frank E. 
Hay, 1914. Walton Township, Albert C. Smith. 1913; Ghas. O. Bugbee, 1914. 
Windsor Township, Snmnel Vanderbeck, 1913; Frank L. Smith, 1914. 

Q. Have you in your office. Mr. Ford, as a part of the files of the office of the 
county clerk of the county of Eiiton, any instrument puri>orting to be the resig- 
nation by Ernest G. Prny of the office of county clerk V — A. I have; yea, sir. 

Q. The Instrument you now have in your hand is the paper that you Just re- 
ferred to?— A. It is. 

Mr. Adams. I will offer tlie same and will read it in evidence. 

Mr. MAYNARD..We object to It as incompetent and immaterial. 

** State of Michigan, 

*' County of Eaton, as: 

" I hereby resign my office of county clerk and register In chancery and alL 
the emoluments thereof, this resignation to take effect November 4, A. D. 1912. 

" To the Hon. Clkment Smith. 

" Circuit Judge, the 5th Judicial Circuit. 

*' Dated at Charlotte this 30th day of October. A. I). 1912. 

" Ernest (J. Pray." 

Mr. ADA.MS. On the back of the pai)er prixluced by the witness appears the 
following : 

"Fifth judicial circuit. In re resignation of Ernest G. Pray as county clerk. 
Accepted and pliiced on flie this 2i\ day of Novenil>er, 1912. 

" Clement Smith, Circuit Judge. 

(649) 
** State of Michigan, 

" County of Eaton, sb: 

** Filed November 4, 1912. 

** Ernkst G. Pray, County Clcrkr 

Q. That Is all there is on the jjai^er, isn't It, on either side of It? — A. I 
think so. 

Q. Have you found In the files of the office of county clerk of this county 
of Eaton any appointment by the circuit judge of this county of any individual 
to fill the vacancy created by the resignation of Mr. Pray, Just rend? — A. I 
have. 

Q. Is this the i'ai>er you produce? — A. It is. 

Mr. Adams. I offer it in evidence. 

Mr. Maynard. We object to It as Incompetent and innuaterial. 

Mr. Adams. This being a part of the files in the county clerk's office 1 will 
not have it marked, but will read the same in full. 

" State of Michigan, County of Katon, tts: 

** Whereas a vacancy exists In the office of county clerk and register in chan- 
cery in the county of Eaton; now, therefore, reposing special confidence in the 
ability and fitness of John C. Nichols to fill such v»K?ancy, I do hereby appoint 
the said John C. Nichols county clerk and register in chancer^' for the county 
of Eaton for the time being. 

" Clement Smith. 

" Circuit Judge. 
" Dated Novoml)er 4. 1912." 

On the back of the pai)er : 

** State of Michigan, County of Eaton, ftn: 

"Filed November 4. 1912. 

" E. M. Lohr, 
•• Deputy County Clerkr 

(049) 

Q. Have you exaniineil the Journal procet^ilngs of the circuit court for Novem- 
ber 4, 1912, to see whetlier any oixler was entered in the Journal of the court 
proceedings of that day api)oInting John C. Nichols to fill this vacancy in the 
office of county clerk in this county of Eaton? — A. I have not. 

Q. Have you examined the files In your office to ascertain whether John C. 
Nichols, the person mentioned In this nomination Just read, did or did not file 



CARNEY VS. SMITH. 119 

.-» bond as county clerk and register in chancery of the county of Eaton after 
this puriwrted appointment? — A. I hiue not specially for that purpose. 

Q. Will you please examine the files and records in your office and find, if 
you can, if any bond was filed by John C. Nichols as county clerk and register 
in chancery after the date of this nomination by Clement Smith, and also pro- 
duce the journal showing the proceedings of the circuit court of Katon County 
on the 4th day of Noveml>er, 1912? 

Mr. Maynabd. We object to it as Incompetent and immaterial, and not covered 
by the notice of contest. 

Mr. Adams. Exhibit 22 shows — which is the poll b(K)k — that the certificate of 
iuspectors to be signed by W^. J. Rateman, Ray Burnett. S. G. Vanderbeck. and 
F. Ti. Smith, inspectors of the genenil election at the genenU election held ou 
Tuesday, the 5th day of .November, 1912. 

Exhibit No. 23 — statement book of the general election held November 5, 1912. 
in the township of Windsor,* county of Katon-^shows that tlie same is signed 
by W. J. Batemau. Ray Burnett. S. O. Vanderl)eck, and F. L. Smith, iiisi)ectorsi 
of election and is dated November 0, 1912. 

Mr. Maynabd. We object to that as incompetent and immaterial, and not cov- 
ered by the notice of contest: and the further objection that the contestee is not 
notified by the pleadings by the opposite side what the object of this testimony is^ 

Mr. Adams. I didn't know it was necessary to tell what the object was. All 
the election returns that haAe been referred to to-day have been returns that 
were in «ive]opes addressed to the county clerk, Charlotte, Eaton County, ^licb. 

Mr. Maynard. 1 want to make this objection to the statements of counsel. 
The contestant has had the oijportunlty for some months of hauilllng these re- 
turns and has done so a good many times, and I don't know whether they an^ 
In the original envelopes or what changes have been nnule. They have beeit 
open to the inspection of the public. The returns are in duplicate, and have- 
been handled and have been mixed here by those who are handling them; so 
to separate them out and tell which went to the county clerk and which went 
to the board of county canvassers is difficult to tell. We don't know of any- 
thing to show that the statements of the attorney for the contestant is founde^t 
upon the fact. 

Mr. Adams. I^et the record show that these envelopes containing all tliese^ 
returns were produced by the county clerk and are right here within four feet 
of counsel at thef present time, and have been while they have been referred to 
by counsel for the contestant. Some other returns are in envelopes addressed 
to the board of county canvassers, care of the probate judge or register of pro- 
bate. Other returns or parts of the returns are in envelo^ies addressed to the- 
county clerk, Charlotte, Etiton County, Mich. 

Exhibit No. 24 Is in the presence of counsel and within 4 feet of him and has^ 
been removed from an envelope addressed to the board of county canvassers. 
care of the prolmte judge or register of probate, Charlotte, Eaton County, Mich. 

Exhibit 24 is a statement book of the general election held on Tuesday, the 
5th day of November, 1912, in the township of Sunfield, Eaton County; has a 
blank form of certificate on the sixteenth page of it. It is not signed at all, as 
shown by the exhibit. 1 now show it to counsel to say whether I am stating it 
correctly. Nor is it signed by any one or ones of the Inspectors of election, nor 
is tlie blank form filled out at all. If I am not correct in this statement, I ask 
counsel now to state upon the record the Incorrectness of my statement in this 
regard. I now hand Exhibit 24 to Mr. Maynard, one of the counsel for the- 
(Dntestee. 

Mr. Maynard. The objection I make to the record as produced Is that they 
were retumetl in envelopes addressed to the county clerk. I am not preparetl 
to admit that. I don't see how he can tell or I can tell that that Is true. We- 
find them there now. 

Mr. Adams. I call attention to Exhibit 3, which is the statement book of the 
general election held on the 5th day of November, 1912, In the township of Sun- 
field, County of Eaton, which 1 have just taken from an envelope produced by 
the county clerk of Eaton County, addressed to the county clerk, Charlotte. 
County of Eaton, Mich. The certificate on the sixteenth page of Exhibit 3 is 
as follows : 

"State of Michigan, County of Eaton, 88: 

"We hereby certify that the foregoing js a correct statement of the votes 
Kiven in the township of Sunfield, County of Eaton, State of Michigan, at the 
general election held on Tuesday, November 5, 1912. 



120 GABKBT VS. SMITH. 

" In witness whereof we have hereunto set our hands at the township of 
Suiifield, hi ttiid county and State, this 5th day of November, A. D. 1912. 

"J. H. Palmeb, 
" Frank S. Bacon, 
'* Dennis A. Hageb, 

** Inspectors of Eleciion." 

Mr. Adams. I now hand this Exhibit 3 to connsel for the coiitMtee to say 
whether I have read it correctly into the record or not. 

Mr. Maynard. I object to it as iucompetent and Inmiaterial. 

Q. Have you before yon, Mr. Ford, the record of the proceedings of the circuit 
c*onrt of Eaton County, ahowtui? the proceedings of that court on the 4th day of 
November, 1912V — ^A. Yes, sir; I have the Journal. 

Mr. Matnabo. Objected to as incompetent and immaterial. 

Q. Does the journal of the oiri'uit court of Eaton County show the proceedings 
of that court held on the 4th day of November, 1912 — A. I ha\'e not examined 
it to see. 

Q. Will you please tuni to it? I call your atteution now to a book which is 
mtirlked on the baclc "Circuit Court Journal I, Eaton County." Do you flnil on 
that record any entry of any proceedings of the circuit court of Baton County 
for the 4th day of November, 1912? — A. I do not 

Q. On page 191 of this record aprtears tlie following, does it not : ** Sixth day 
session, Monday, October 28, 1912"?— A. Yes, sir. 

Q. Signed — after the proceedings have been set forth is the signature of 
Cl^uent Smith, circuit judge? — ^A. Yes, sir. 

Q. The next we have in that book is '* Seventh day*8 session, Wednesday. 
November 6, 1912"?— A. Yes, sir. 

Q. Then appeai*s the following: ''This being the day to which the circuit 
court for the County of Eaton was adjourned by the circuit judge." Appearing 
htHow the same, " Hon. Clement Smith having given his order, thereupon th«f 
court was adjourned until Thursday morning, November 7, 1912." And under 
that is the signature of John C. Nichols, and under the signature oi John C. 
Nichols aiJfiear the words " County clerk." Was that correctly read by nie from 
the recortl? — A. Yes, sir. 

Q. You don*t find ou that journal, to which your attention was directed, any 
businesB by tlie circuit court of Baton County that occurred on the 4th day of 
November, 1912, do you? — ^A. I do not 

Q. Have you made an examination and search in your ofllce to aecotain 
whether John C. Nichols filed any bond as county clerk and register iu chan- 
cery of the county of E^ton at any time on or after the 4th of Noveniber, 1912? — 
A. I liave spent the last 10 minutes. 

Q. Did you find such a bond? — ^A. I did not 

Q. Do you have any place in your office where papers of that kind are kept 
s<qparately by themselves, that character of papers? — ^A. I do. 

Q. Have yoti found or seen any such a bond in the office of the county clerk of 
Saton Coimty given by John C. Nichols as county clerk and register in chancery 
of Eaton County. Mich., since you took charge of that office? 

Mr. Matnabd. I object to that as incompetent and immaterial. 

The WrrNKSs. I have not seen it 

Q. How long have you been county clerk. Mr. Ford, in this county? — A. Since 
the 2d day of January, 1913. 

Q. This is the first time you have been county clerk of this county? — A* Yes. 
sir. 

Q. I show you a iMii)er that is marked "Oath of office." Did you produce 
that here for me? — ^A. Yes, sir. 

Q. Where did you get it? — ^A. In the office of the county clerk. 

Q. Is that a part of the files of your oflice?— A. It is. 

Q. When did .vou first find that paper in your office? — A. I couldn't say when 
I first saw it It was flr^^ cnlletl to my nttentlwi to-day ; I was asked to look 
fbr it 

Q. Where did .vou find It?— A. In the file case in my desk. 

Q. Was that the fii*Ht place you found it in your office? — A. Yes, sir. 

Q. The first time you found it? — ^A. I think so. 

Q. Did you find It in there within a week after you took the office of county 
clerk of this county? — A, I couldn't state. 

Q. Have you any rei-ollettion of when you first saw that paper. " Oath of 
office," which you just. now produced in the office of the county clerk? — ^A. I 
couldn't say that I have; no, sir. 



CABKEY V& SMITH. 121 

Mr. Adams. Tbis being a file from tbe oflBce of tbe county clerk, I will uot 
have it nmrked, but will read it in evidoice. 

" State of Michioan, 
"Ctmnty of Eaton, hs. 

" I do solemnly swear tbat I will sap|K>rt tbe Goostitution of the United 
S^tates and tbe constitution of tbis State and tbat I will faithfully discharge 
the duties of tbe oflice of county clerk and register in cliancery according to tlie 
best of my ability. 

"John C. Nichols. 

" Subscribed and sworn to before roe this 4tb day of November, A. D. 1912. 

** Bbnbst O. Pray. 

" Notary Publir. 
"My commission expires 12-28-12.*' 

Q. These envelopes that are before you addressed to the county clerk, Oliar- 
lotte. county of Eaton, State of Michigan, and these envelopes that are before 
you addressed to the board of county CHnvaf-^sers. care tbe probnte Judge or tb^ 
refdster of probate, Charlotte, Mich., are all envelopes that were a part of the 
flies, papers, and returns In your office at this time? — ^A. They are; yes, sir. 

Q. How long have these, to your knowledge, these envelopes and retumn. 
to your knowledge been in tbe office of the county clerk of Eaton County? — A. 
Since the 2d day in January, 1913. 

Q. You have at the different sessions of this hearing in tills matter produced 
these here for counsel for the respective parties, have you not? — A. Yes. sir. 

Crofls-examination by Mr. Mathakd: 

Q. By whom was this oath of office filed? — A. By Edna M. fiOhr. deputy 
connty clerk, tlie 4th day of November, 1912. 

Q. Tluit filing appears on the back of the oath of office? — A. Yes, sir: also 
on the back of the oath of office " John C. Nichols, county clerk." 

Q. That is the filing on the back of the paper?— A. Yes, sir. 

Q. B&s this Edna M. IjOhr been your deputy since you have taken office? — 
A. Yes, sir. 

Q. She Is still in tbe office, is she? — ^A. Yes. sir. 

Q. She lias had experience with your predecessor for some time?~A. Yes, sir. 

Q. Have yon held any ottier office in the county but the office of county 
clerkV-A. I have. 

Q. Township office?— A. It was. 

Q. What was it?— A. Supervisor of Eaton Rapids township. 

Q. You had seen Edna M. Lohr in the county clerk's office working there for 
mme time l)efore tbe change of administration? 

Q. Since yon took yonr office, have you seen anybody examining tbe.se returns 
and statements? — A. Yes, sir. 

Q. These election returns? — A. Yes, sir. 

Q. Have yon seen the contestee, John M: C. Smith, examining the returns?— 
A. Yes, sir. 

Q. When?— A. Why. I think he came in the office one day this week and asked 
to see the returns from a certain township. 

Q. That is all?— A. That is all; nil th'»t I recollect. 

Q. Has lie at any time examined these returns and handled them over, to 
your knowledge? — ^A. He has not; no, sir. 

Q. When these have been brought up here, has the contestee. John M. C. 
Smith, had anything to do with the production of them here before this commis- 
sioner?— A. He has not; no, sir. 

Q. Has anyone for him, that yon know of? — A, Not to my knowle<lge: no. 

Q. By whom have these returns been produced here before the commis- 
rtoner?— A. By the attorneys for the contestant 

Q. Tliey have turned them over to you nights when they got thnnigh with 
thein?— A. Yes, sir; they have been returned to my office. 

Q. Tliey got them and brought them here?— A. I think I brought them up here 
on each occasion; that is my recollection. 

Q. Have you %een Mr. Carney fingering over those returns from time to time 
in your ofllce since you took possession? — A. Yes, sir. 

Q. No objection was made to him handling them in that way. was there?- - 
^. No, sir. 

Q. Now, has he tiad access to these books a considerable length of tfme 
alone— going through the books alone?— A. Well, I could say that he has been 



122 CARNEY VS. SMITH. 

alone with the books; I can siiy that he has been in the office and taken the 
books, and we have gone about our regular office work ; possibly we have been 
both absent — Miss Ix)hr and I — at the same time; I couldn't say. 

Q. During the time you were about your business, has he had the books 
and examined them there at the table without anybody interfering with him or 
overlooking his workV — A. He has; yes, sir. 

Q. Did you ever see John M. C. Smith in there sitting down at the table ex- 
amining these books as much as you have Mr. Carney? — A. I think not; no, sir. 

Q. You don't recollect of ever seeing Mr. Smith in there examining these only 
when he wanted to see the returns from a certain township? 

Mr. Adams. I object to that as incompetent and calling for the conclusion of 
the witness. 

The Witness. No, sir. 

Q. Did you give him the returns from that precinct? — ^A. Yes, sir. 

Q. Has he ever asked you to get the returns only that one tliue?--A. I don't 
remember that he has. 

Redirect examination by Mr. Adams: 

Q. What precinct was that that Mr. Smith wanted you to show him the 
returns of?— A. It is my recollection that it was Sunfield. 

Q. Sunfield? — A. Yes, sir; I wouldn't say posl ively; that Is my recollection. 

Q. Did you give him the election returns for Sunfield at the time he asked 
for them? — ^A. Yes, sir. 

Q. Did you give him some others — ^brlug them all out together? — A. No, sir; 
he asked me for the returns from Sunfield and I brought them out and we 
looked them over together. 

Q. Has counsel for the contestee be«i examining these election returns since 
you have held the office of county clerk? — A. Not to my knowledge. 

Q. Has Mr. Maynard been in there examining them at any time? — ^A. I don't 
remember of seeing Mr. Maynard In there looking at the returns since I have 
been in office. 

Q. Do you recall the first time I came into your office to examine the election 
returns, Mr. Maynard came in and sat down to the same table I was at and 
took several of the returns and looked them over at the same table I was at?— 
A, I couldn't tell you what was done with the returns; Mr. Maynard came in 
the office on that occasion, but I was not watching the contestant or the con- 
xesiee. 

Q. Well, now, when Mr. Carney or his attorney has been in your office looking 
at these returns, they were handed to him or them in the public office? — ^A. 
Yes, sir. 

Q. In your suite of rooms? — ^A. Yea, sir. 

Q. And you or your deputy clerk were around there and in that room, one 
or the other of you, practically all the time the returns were being examined by 
Mr. Carney or his attorney? — ^A. I couldn't say we were In there all the time. 

Q. Is that your best recollection? — A, We were in and out of the office; we 
were at our ordinary work ; we didn't change it In any way. 

Q. Do you know of any other time when Mr. Carney or his attorney, or 
both of them, were in there examining the returns? — ^A. I would not know what 
hapi)ened when I was absent. 

Q. You don't know of any time when you were absent when they or either of 
them, Mr. Carney or his attorney, were in there examining these returns? You 
don't know of any time when you and your deputy were out of the office when 
they were being examined by them? — A. I can recall times when I was absent 
from the office during that time some Imes; I couldn't tell whether my deputy 
was there or not, becuase I was not there. 

Q. Well, yes*^erday when the returns were being examined by Mr. Carney 
and myself you came into the office before we concluded the examination, didn't 
you? — ^A. Yes, sir. 

Q. When you got there your clerk was sitting there at the desk at my back?— 
A. Well, I don't remember that ; I didn't notice the position she was in ; she 
was In the room I think. 

Q. She was sitting there and left you sitting there unMl we left?— A. Yes. sir. 

Q. Right there where we were in the same room? — A. Yes, sh:. 

Q. These election returns that are a part of the files and records in your office, 
these election returns, are now within 2 or 3 feet of counsel for John M. C. 
Smith, are they not — 4 feet?— A. Well, I should say within 6 feet, probably. 

Q. They have been in the presence of the attorneys on both sides of this con- 
test whenever you have been present during the taking of this testimony before 
the commissioner? — A. Yes, sir. 



CABNEY VS. SMITH. 12S 

Q. And been in his Immediate presence, too?— A. Yes, sir; as far as I know. 
Q. You have seen counsel for the otber side examining some of them here 
when you have been before the commissioner? — A. Yes, sir. 

Reeross-exnminatlon by Mr. Maynard: 

Q. Do you Iluow whether of not there has been two t>onds filed in the county- 
clerk's office, one by Mr. Nichols as county clerk and one as register in chan-^ 
eery? — ^A. There was not a register in chancery's bond fllerl in this office; it is 
filed with the secretary of state. 

Q. Do you know whether that has been done by Mr. Nichols? — A. I do not. 

Q. You have never seen either bond in your office? — ^A. No, sir. 

Q. Did you ever speak to Mr. Nichols about It? — A. I never have. 

Q. You have never had your attention called to that matter until now? — . 
A. I don*t remember that I have. 

Q. What you mean to say is that within the last ten minutes you' have not 
been able to lay your hand on that bond, if there Is one? — A. That Is what I say^ 

Redirect examination by Mr. Adams: 

Q. Have you looked for this bond In the places or place in your office where^ 
yon would expect to find them? — ^A. I did. 

Q. You have file cases In your office for bonds? — ^A. Yes, sir. 

Q. And they are labeled, are they not? — ^A. We have a file case shnlhir to this 
marked " Bonds of county officers '' for the current year. We keep those fileft 
in that case for that year. 

Q. Where are the bonds kei>t. if any, that were filed for the year 1912? — A.' I 
was unable to locate them. I found no record on the general index for 1912 
where there were any bonds filed for that year. 1 was unable to find it lu 
there. 

Q. Will you look a little farther and see whether you can fifnd those 1912 
bonds, and the one that should have been filed about November 4, 1912, by Mr. 
Nichols? — ^A. I can look, but if I don't find it in the file case or index, I don't 
Icnow where to look. 

Recross-exaniination by Mr. Maynabd: 

Q. Have you been in the treasurer's office and asked for that bond? — A. No^ 
sir. 

Q. Will you inquire of the treasurer whether any of these bonds are in hi& 
possession? — ^A. I will. 

Redirect examination by Mr. Adamb: 

Q. Mr. Ford, you have produced here and handed me a bond of John C\ 
Nichols; Is that so?— A. Yes, sir. 

Mr. Adams. I offer this bond in evidence. 

Mr. Maynard. I object to it as incompetent and immaterial. 

Q. Where did you find this bond? — A. I found it in the office of the county 
treasurer of Eaton Ctounty, Mich. 

Mr. Adams. This bond is as follows: 

"Know all men by these presents that we, John C. Nichols, as principal, and 
the American Bonding Co., of Baltimore, Md., a corporation duly authorized to 
do business in the State of Michigan, are held and firmly bound unto the people 
of the State of Michigan in the penal sum of $2,000, for the payment of which 
sum well and truly to be made in lawful money of the United States of America 
we jointly bind ourselves, our heirs, executors, and administrators forever firmly 
by these presents. 

" Sealed with our seals and dated this 11th dny of November. A. D. 1912. 

" Whereas the above bounden John C. Nichols was appointed to the office of 
clerk of the County of Eaton, State of Michigan, to fill a vacancy on the 4th day 
of November. 1912, 

"And whereas, by virtue of his said office as clerk and as register in chancery 
of the circuit court of said county, now therefore, the condition of this obliga- 
tion is such that if the said John C. Nichols shall faithfully perform the duties, 
of said office of register in chancery, then the above obligation shall be void^ 
otherwise to he and remain in full force. 

"John C. Nichols, [seal.I 

'^American Bonding Co. 

*' By Charles H. McNaughton, [seal.I 

''Attorney in lact:" 



124 CARNEY VS. SMITH. 

Mr. Adams. To the left, under the words " In presence of," is the seal of the 
American Bonding Co.. Incorporated in 1894. On the back of the bond appears 
the following: "Official bonds of county officers with instructions to nse the 
form for the different county officers. John 0. Nichols." 






State of Michigan, County of Eaton, as: 
" Filed November 12. 1912. 

" Gl£x>n a. Boyeb, 
" County Treasurer,** 

Q. That is his bond as register in chancery? — A. Yes, sir; although It says 
that he was appointed to the office of clerk. I think we have got the wrong 
bond. Both bonds are filed with the treasurer. There is another bond of John 
C Nichols. I picked this up thinking only of the bond that is filed as county 
clerk. 

Q. Is there another one down there? — A. Yes, sir. 

Q. You have produced and handed to me another bond of John C. Nichols, 
have you not? — ^A. Yes, sir. 

Mr. Adams. This bond I offer in evidence. 

Mr. Maynard. We object to it as incompetent and immaterial. 

Mr. Adams (reading). 

" Know all men by these presents that we, John C. Nichols, principal, and 
the American Bonding Co., of Baltimore, Md., a corporation duly authorized 
to do business in the State of Michigan, are held and firmly bound unto the 
people of the State of Michigan in the i)enal sum of $3,000 for the payment 
x>t which sum well and truly to be made in lawful money of the United States 
x>t America, we jointly and severally bind ourselves, our heirs, executors, and 
administrators forever firmly by these presents. 

*' Sealed with our seals and dated this 11th day of November, 1912. 

" Whereas the above bounden John C. Nichols was appointed to the office of 
county clerk to fill a vacancy of the county of Eaton, State of Michigan, on 
the 4th day of November, 1912. 

*' Now therefore the condition of the above obligation Is such that if the 
said John 0. Nichols shall faithfully, truly, and imx)artiany enter and record 
all orders, decrees, judgments and proceedings of the court whereof he shall 
officiate as clerk, and faithfully and impartially perform all the duties of said 
office, and turn over all moneys that shall come into his 'hands as such clerk, 
and deliver over to his successor in office the books, records, papers, and seals 
belonging to the said office, then the above obligation shall be void, otherwise 
be and remain in full force. 

"John C. Nichols, [seal.] " 

*' American Bonding Co., 
*' By Chables H. McNaughton, [skal.] 

''Attorney in fact." 

Mr. Adams. To the left, under the words " In presence of," is impressed tbe 
Beal of the American Bonding Co., inconwrated in 1894. On the back appears 
the following: 

"Official bond of county officers, with instructions to use the form for tbe 
different county officers. 

'* John C. Nichom. 
" State of Michigan, County of Eaton, »it. 
"Piled November 12, A. D. 1912. 

"('I.KON A. BoYKB, County Treasurer*' 

Q. tK) you know where Charles H. McNaughton, the attorney in fact, lives?— 
A. I do not. 

Q. Or where he has his office? — A. I think in Detroit, Mich., but I am not sure. 

Recross-examlnation by Mr. Maynard: 

Q. Mr. Ford, how long have you been connected with the county seat doing 
business here at the courthouse In different capacities, so you became familiar 
with the office here? — A. Probably 10 years. 

Q. Have you known John C. Nichols all that time? — A. I have. 

Q. Have you ever met him more than once with the board of sui>ervl8ors? — 
A. Yes, sir. 

Q. When the board of supervisors are in session, do they meet at the same 
time the circuit court does? — A. The January session generally does. 



CARNEY VS. SMITH. 125 

Q. Do you have an October session? — ^A. Tes, sir. 

Q. Of the 8ui)en'isor8 In this county? — A. Yes, sir. 

Q. Do one of the terms of court convene in October? — ^A. I believe so. 

Q. Now, during tiie time you have been acquainted here, has Mr. Nichola 
been deputy county clerk of this county for a good many years? 

Mr. Adams. I object to that as Incompetent, irrelevant, and immaterial, nn<| 
not the best evidence. 

The WrrNEss. I think he has. 

Q. Have you seen him frequently when the board of supervisors were in ses^ 
slon in the court room acting as county clerk or clerk of the court while the 
board of supervisors were In session in this room? 

Mr. Adams. Objected to as Irrelevant and immaterial. 

Tlie Witness. I can't say that I have seen Mr. Nichols acting as clerk of the 
court. 

Q. Have you ever seen him In here while the county clerk was In the other 
room? — ^A. I can't remember that I ever did. 

Mr. Adams. I object to that as Irrelevant and immaterial. 

Q. Was he deputy county clerk during the year 1912? 

Mr. Adams. I object to that as Incompetent, Irrelevant, and immnterial, anct 
not the t>est evidence. 

Redirect-examlnatlon by Mr. Adams: 

Q. Do yon keep a record In your ofllee showing who the deputy clerks are?-^ 
A. Yes, sir. 

Q. The deputies qualify in some way, don't they? — ^A. No. sir; the deputies 
make no qualification. 

Q. Are not bonds filed? — A. A bond is given by the county dertc, approved by 
the circuit Judge, and filed in the ofltee. 

Q. So the record should be in the <^ee who these deputies hav« been in the 
past? — ^A. Yes, sir. 

By Mr. Maynard: 

Q. Will you produce the api)ointment of Mr. Nichols? — ^A. I haven't it here. 

Q. I wish you would produce that. — ^A. I have Just looked for it and couldn't 
find it ; It ts maiiced on the miscellaneoos index as being 

Mr. Adams. 1 object to the witness stating what is marked on any index, the 
records will show for themselves. 

The Witness. The index is a part of the records of the oflSce. 

Mr. Matnabd. If you will produce the records themselves they are the best 
evidence. 

The WiTHBSS. Do you want the Index? 

Q. Yes. Do you see any record there of the appointntent of John C. Nichola 
as deputy county clerk, if so, when? — A. It is on the fifth page of the mlsc^n 
laneous index, the appointment of John O. Nichols as county clerk. 

Q. What do the figures refer to? — ^A. To the file case in our vault. 

Q. Do you know what year that appears to be in? — ^A. The date is not placed 
liere; however, it was written in at the bottom of the page in the handwriting 
of Miss Edna Lohr, it must have been during the year 1912. 

Q. Have you examined all these files? — ^A. Yes» sir. 

Q. It Is not in the files? — ^A. No, sir ; it is not 

Redirect examination by Mr. Adams: 

Q. Now. Mr. Ford, following the page on which you find this appointment of 
John C. Nichols as county clerk, are the figures 649, which you Just read. 
There follows two other pages which are entirely filled with written, matter 
except a couple of lines at the bottom of the third page? — A. The second page, 

Q. At the bottom of the second page following, it is entirely filled with writ^ 
ing except about two lines at the bottom^ Is that correct? — A. Yes, sir. 

Q. If that entry had been nwide — ^was made In 1912 — ^the logical place would 
be after the poge where it is entered?^-A. It would not. 

Q. Why not? — ^A. Because the two full pages are indexed B and that is In-. 
dexed A. 

Q. Where do you find that? — ^A. Here Is the index letter A and here is the 
Index letter B. The miscellaneous index all matters under the subject of A 
comes up under that. 

Q. Have you any other mlscellaneouR index in yoor olfice? — A. We have one 
that has not been used that Just came in. 



126 CARNEY VS. SMITH. 

Q. Has it beeu In there ever since you have been In office? — ^A. It has been 
Jn there about two days. 

Q. Was it in there when you went into office? — A. No, sir. 

Q. I notice on this same page that this apiK)iutnient of Mr. Nichols as comity 
•clerli appears is attached an extra sheet, which Is not a part of the bound vol- 
ume, when was thnt put in there? — A. It was in tliere I tlilnlc Iminetliately 
«fter I c;ime into the office. 

Q. Do you know whether it was or was not put in there after you came Into 
the office? — A. I think it was after I came in, but I couldn't say positively. 

Q. Do you know in whose handwriting the entries on the extra page is, this 
page which is bound in the book on wfiich this appointmoit of Mr. Nichols as 
county clerk is entered? — ^A. There are four entries, three in the handwriting of 
Aliss Lohr and one in my handwriting. 

Q. The following entry on the first sheet following the reports on school in- 
spectors, do you know when those reports wei*e filed in the ct)unty clerk's 
t)ffice? — A. 1 couldn't say — during the mouth of January. 

Q. Do you know whether those reports have been filed in that office since 
the 1st of January, 191.3? — A. I couldn't say, I didn't make the entry. 

Q. You don't know whether they were filed there then since January 1, 
1913?— A. I don't know. 

Q. Or whether they were filed before, you don't know? — A. No, sir; I do not. 

Q. Do you know when that entry on that book, viz, the entry apiK)intlug John 
tU. Nichols as county clerk 649, was made in that of your own knowledge? — A. 
It has been made since the 16th day of June. 

Q. That is not the question; the question is do you know when it was 
tnade? — A. I do not. 

Mr. Maynard. With reference to the county clerk's appointment, I wanted 
the appointment of the deputy county clerks ; that is what I wanted to get at 

Q. You don't find any record there at all of the appointment of John G. 
Nichols as deputy clerk? — A. No, sir; I don't seem to. 

Q. Counsel for contestant produced this appointment of county clerk ; where 
tlid you find that, in this same box? — ^A. Yes, sir. 

Q. That file happened fortunately to be in the place where It was indexed? — 
A. Yes, sir. 

Whereupon an adjournment was taken until 9 o'clock a. m., Friday, Febm- 
«ry 28, 1913. 



B'HIDAY, Febbuaby 28, 1913. 

STIPULATION. 

It is stipulated by counsel for the contestant and counsel for the contestee 
that on and including November 5, 1912, Frank Flaherty and Alonzo Hough- 
tflling were the aldermen in the first ward of the city of Charlotte; also that 
Hal Hamilton and Claude S. Knowles were at that time aldermen in and of 
the second ward of the city of Charlotte; also that Evander Dunning and J. B. 
Dowdigan were at that time the aldermen in and of the third ward of the city 
t>f Charlotte; also that James Greenman and Claude A. Pope were at that time 
alderman in and of the fourth ward of the city of Charlotte; also that B. R. 
Laverty was city clerk in and of the city of Charlotte at that time. 

Mr. Adams. Referring to Exhibit 25, tally-sheet book of the general election 
lield on the Rth dny of November, 1912, second ward, city of Charlotte, county 
of Eaton. This is taken from the returns of the election furnished here by the 
county clerk of Eaton County, and I am reading from i)age 12, under the head 
of office appears the following: "Representative in Congress." Under the 
head of " Candidates and names," appearing opposite the title " Representa- 
tive in Congress," John M. C. Smith and Claude S, Carney. Under the head 
f)f "Total straight votes," opiwslte the name of John M. C. Smith, 65. Under 
the head of " Total split votes," opposite the name of John M. C. Smith, 59. 
Under the head of " Total votes received," opposite the name of John M. C. 
Smith, 161. Under the head of "Total straight votes," opposite the name of 
Claude S. Carney, 48. Under the head of " Total split votes," opposite the name 
of Claude S. Carney, 64. Under the head of "Total votes received," opposite 
the name of Claude S. Carney, 107. 

Reading from Exhibit 26. book, entitled " Statement of general election held 
the 5th day of November, 1912, second ward, city of Charlotte, county of 



CARNEY VS. SMITH. 127 

Eaton," on pnge 7 thereof, under the title " Representative in CJongress," appear 
the names of John M. C. Smith and Claude S. Caniey. Under the heading 
opposite the name John M. C. Smith, which heading is "Votes received," 
there appears opposite the name of John M. C. Smith, 161. Under the heading 
at the top of the column, which heading is ** Put In figures in this column," 
opposite the name of John M. C. Smith, are the figures 161. Under this same 
heading, opposite the name of Claude S. Carney, appear the figures 107. 

1 now hold in my hand a book marked " Charter of the city of Charlotte 
and the Rules and Ordinances," and I ask counsel upon the other side whether 
they stipulate to concede upon the record that the book I have in my hand, 
which I have just given the title of, contains, on pages 3 to 99 thereof, both 
pages inclusive, the charter of the city of Charlotte, county of Eaton, Mich., 
which was In force during the year 1912, and the only charter of that city from 
the 1st day of January, 1912, to and including the 1st day of January, 1913, 
and still is the charter and the only charter of the city of Charlotte in said 
county and State. That contains all the charters as to elections: we have had 
some amendments on some other matters, but they do not refer to elections. 

We asked counsel for the contestee to concede that the charter which is re- 
ferred to contains the only charter provision in force during that period of 
time relating to elections. 
Mr. Maynard. Yes, sir. 

Mr. Adams. I desire to offer from this charter from page 12, sections 33, 34, 
35, and 36, and will rend into the reOord the first section : 

*' Sec. 33. On the day of election, held by virtue of this act, the polls shMl be 
oiiened in each ward at the respective places designated by the council at 8 
o'clock in the morning and shall be kept open until 5 o'clock in the afternoon, but 
not later, at which hour they shall be finally closed. 

" Sec. 34. The two' aldermen of each ward, except as in this act otherwise 
provided, shall constitute the board of inspectors of election for their respective 
wards at all elections held therein whether ward, city, county, district, or State. 
If at any election either or both of such inspectors shall be absent at the hour 
for opening the polls or shall not remain in attendance the electors present may 
chose viva voce such number of such electors as, with the inspectors present, if 
any, shall constitute a board of two in number, and such electors so chosen shall 
be the inspectors of that election. Such board of election inspectors may 
appoint such number of clerks, gatekeei)ers, and officers as shall be necessary 
to comply with the election law of the State, and all persons so appointed and 
each insi>ector so appointed or chosen shall take the constitutional oath of ofilce, 
which oath either of the inspectors may administer, or any person authorized 
by law to administer oaths. The senior alderman of each ward shall be 
chairman of the board of inspectors of the election therein. 

•*Sec. 35. All elections held under the jwovislons of this act shall be con- 
ducted as near as may be in the manner provided by law for holding general 
elections in the State, except as herein otherwise provided. The inspectors of 
Buch election shall have the same powers and authority for the preservation of 
order and for enforcing obedience to their lawful commands during the holding 
of the election and the canvassing of the vote as are conferred by law upon 
Inspectors of the general elections held in this State. 

" Sec 36. The manner of conducting elections and canvassing votes shall be 
the same as in townships, the word " ward " instead of " township " being 
used in the oath to be administered to an elector In case his vote Is challenged, 
and in the making of all certificates or statements of and concerning such 
lection, provided that at such charter election said ward inspectors shnll make 
a statement in writing setting forth in words at full length the whole number of 
votes given for each office, the names of the persons for whom the votes for 
each office were given, and the number of votes so given for each person and 
the whole number of votes given upon each question 'voted upon and the number 
of votes given for and against the same, which statement shall be certified under 
the hands of the inspectors to be correct, and they shall deposit such statement 
and certificate on the day of election, or before noon of the next day thereafter, 
together with the poll lists, tally sheets, register of electors, and the boxes con> 
taining said ballots in the office of the city clerk." 

I offer in evidence Exhibit 27, marked " Poll book of the general election 
held on the 5th day of November, 1912, in the township of Carmel, county of 
Baton, Mich.," which is one of the returns of election in the custody of the 
county clerk of Eaton County, Mich., and produced by him on this hearing. I 



128 CARNEY VS. SMITH. 

retLd from page 2 thereof under the heading " Oaths of inspectors of election/* 
as follows: 

Mr. Maynabd. We object to that as incompetent and immaterial. 

Mr. Adams (reading) : 

-' Staiv op Michigan, 

'*€ouniff of Eaten, ss: 

" I do solemnly swear that I will sni^mrt the Constitution of the United 
States and the constitution of this State, and that I will faithfully discharge the 
(Kities of the ofiBce of inspector of this election, held on Tuesday, the 5th day 
of "November, 1912, at the Garmel town taaU, township of Carmel, according to 
the be^t of my ability. 

" QOBDON GbTITIN. 

"Ol^ken, Rnbscrlbed, and sworn to before me this 5th day of November, 
A. D. 1912. 

" W. L. HvfBetL" 

There is no designatltm appearing oa this certificate showing the official 
character of W. M. Huber. 

The second certificate is a certificate of Uke character, but there Is no signa- 
ture of any person making the oath, and is signed by W. L. Huber, but there Is 
no designption of his official character. - 

The third certificate is contained on tSa^ same page and is of like character 
as tlie one read into the record, but bears the signature of no one making the 
oath. It is signed by W. L. Huber in like manner as the first certificate read in 
evidence. 

The fourth certificate appenring on this same page of Exhibit 27 is signed 
by Hurlburt Shaver. Under the name of Hurlburt Shaver appear the follow- 
ing: 

" Taken, subscribed, and sworn to before me this 5th day of JNovember. 
A. D. 1912. 

" W. L. HUBEB." 

There is no designation under the name W. L. Huber in what capacity he 
^as acting in administertn|p the oath. On page 8, of Inhibit 27, appears another 
certificate, as follows: 

" State or Michioak, 

**ComUif of Euton, 88: 

" I do solemnly swear that I will support tlie Constitution of the United 
States and the constitution of this State, and that I will faithfully discharge 
the duties of the office of inspector of this election held on Tuesday, the 5th 
day of November A. D. 1912, at Oarmel township hall, in the towntiiip of 
Carmel, according to the best of my sbUity^ 

*' CORTBS F. CUSRINO." 

"Taken, subscribed, and sworn to befbre me this 5th day of November, 
A. D. 1912. 

" W. T.. Httbeb." 

Ttiere is no designation of the official capacity under the name of W. L. Huber. 
On the same page 3, of Exhibit 27, appears the following: 

*' State or MicmoAN, 

''County of Baton, 88: 

" I do solemnly swear that I will support the Constitution of the United 
Stntes and the constitution of this State, and that I will faihfully discharge the 
duties of the office of Inspector of this election held on Tuesday, the 5th day of 
November, A. D. 1912, at the Carmel town hall, Carmel township, according to 
the best of my ability. 

"William Clements. 

"Taken, subscribed, and sworn to before uie this 5th day of November, 
A. D 1912. 

" W. L. HUTOB." 

There is no official designation under the name of W. L. Huber as to his 
official capacity. These two certificates last read into the i^ecord the word 
" inspector " in the certificate is written in with a pen over the printed word 



CARNEY VS. SMITH. 129 

"clerk." In each one of the certillcates the word "clerk" has a line dniwn 
through it On this same \mge 3. of this same Exhibit 27, are two certificates 
being resjiectlvely signed bj- D. C. Cole and Wilbur C. Martin. 

''State of Michigan, 

"County of Eaton, ss: 

"I do solemnly swear that I will support the Constitution of the I'nited 
States and the constitutlou of this State, and that I will faithfully discharge 
the duties of the office of clerk of this election held on Tuesday, the 5th day of 
NoTember, A. I). 1912, at the Carmel town hall, townshlf) of Carniel. according 
to the best of my ability.'* 

Under the respective names appear the following: 

** Taken, subscribed, and sworn to before me this 5th day of November, A. D. 
1912. 

"W. L. HUBEB." 

There is no designation under the name of W. L. Huber of his official capacity. 
Residing from page 16 of this same Exhibit No. 27 is the following: 
"The whole number of votes cast, according to the poll list, is 239. The whole 
number of ballots counted on opening the ballot box was 238. The whole num- 
ber of ballots in excess of the number of electors voting destroyed was 172." 

" CERTmCATE OF INSPECTORS. 

"State of Michigan, Cov/nty of Eaton, ss: 

" We do hereby certify that the foregoing poll list has been carefully com- 
pared by us with the duplicate poll list as required by law and that all mistakes 
found in such poll lists have been duly corrected by us and that both said poll 
lists are now correct and agree ^ith each other. 

"In witness whereof we have hereunto set our hands at Carmel Township 
hall, in said county and State, this 5th day of November, A. D. 1912. 

" Gordon Griffin, 
" gobtez f. cushing. 
"HuBLBURT Shaver, 
" Inspectors of General Election held on 
" Tuesday, the 5th day of November, A. D. 1912.*' 

I offer In evidence the statemen*^ book of the genemi election held on Tues- 
day, the 5th day of November, A. D. 1912, at the towndilp of Carmel, county of 
Eaton, State of Michigan, being marked Exhibit 28, being one of the election 
returns which has been produced by the county clerk of the county of Eaton, 
and read from page 16 of ESxhlbit 28, as follows: 



it 



CERTIFICATE. 



"State of Michigan, County of Eaton, ss: 

" We do hereby certify that the foregoing is a correct statement of the votes 
given In the township of Carmel, county of Eaton, Stnte of Michigan, at the 
general election held on Tuesday, the 5th day of November, A. D. 1912. 

"In witness whereof we have hereunto set our hands at the town house of 
Carmel, in said county and State, this 5th day of November, A. D. 1912, 

" Gordon Griffin, 
"D. C. Cole, 
" Hurlburt Shaver, 
*' W. L. Huber. 

" Inspectors of Election.** 

I desire to have it appear upon the record that Exhibit 27 contains no certifi- 
cate showing that W. I^. Huber took any oath, so far as that exhibit shows, 
such as the other Inspectors in that precinct took, as shown by this Exhibit 27, 
to act in the capacity of inspector at that election on that day. I show this 
Exhibit 27 to counsel for the contestee and ask him to challenge the incorrect - 
ness of this statement upon the record. 

Mr. Matnard. I object to it as being Incompetent and immaterial and as not 
tending 'o show that W. L. Huber did not take the constitutional oath of office 
as required by the election law on that occasion. 

28H— 1.3 9 



130 CARNEY VS. SMITH. 

Mr. Adams. I offer iu evidence Exhibit 29, entitled " Poll book of the goieral 
election held on the 5th day of November, A. D. 1912, In the townsliip of 
Kalamo, county of Eaton, Mich." 

On page 2, under the heading "Oaths to inspectors of elec'lon," the printed 
forms of oaths for inspectors of election are not filled out in any particular in- 
«tance, to which I call the attention of counsel for the contes ee to. I now 
show him this exhibit and ask him to correct the statement I have Just made. 
If it is nor correct as shown by this exhibit. 

Mr. Maynard. I will not take time to examine it but I will object to its in- 
troduction on the ground that it is incompetent and immaterial and does not 
tend in any way to show that the officers did not take the constitutional oath 
of office as required. 

Mr. Adams. I offer iu evidence Exhibit 30, entitled *' Poll book of the general 
election held on the nth day of November, A. L). 1912, in the township of Benton, 
Eaton County, Mich..*' and desire to read from page 10 of Exhibit 30 as follows: 

*' CKHTIFICATE OF INSPKCTOBS. 

** State of Michigan, County of Eaton, as: 

•* We do hereby certify that the foregoing poll list has been carefully com- 
pared by us with the duplicate poll list as required by law, and that all mis- 
takes found in such poll lists have been duly corrected by us, and that both 
said poll lists are now correct and agree with each other. 

" In witness whereof we have hereunto set our hands at the township of 
Benton, in said county and State, this 6th day of November, A. I). 1912. 

'* John D. Wright, 
"R. R. Grbgo, 
** f^NTON F. Dteb, 
" William H. Van AuKiat, 
" Inspectors of the General Election 
Held on Tuesday, the ruh day of November, A. D. 19! 2. 

I offer in evidence Exhibit 31, statement book of the general election held on 
the 5th day of November, A. D. 1912, at the township of Hamlin, county of 
Eaton, Mich., and I read from page 16 of this exhibit as follows : 

" CEBTIF'ICATE. 

** State of Michigan, County of Eaton, hs: 

'* We do hereby certify that the foregoing is a correct statement of the votes 
given in the township of Hamlin, county of Eaton. State of Michigan, at the 
general election held on Tuesday, the otli day of Noveinl>er. A. D. 1912. 

" In witncFS whereof we have hereunto set our hands at the town hall, town- 
ship of Hamlin, said county and State, this 6th day of November, A. D. 1912. 

**Ancil E. Holmes. 
" a. D. HiCKs, 
"J. E. McNittt, 
** Oliver D. I^ake, 

" Inspectors of Blection,^^ 

I offer in evidence Exhibit .S2, tally sheet book of the general election held 
on Tuesday, the 5th day of November, A. D. 1912, at the township of Eaton, 
Eaton County, Mich., and desire the record to show that page 12 of this exhibit 
under the office, namely, ** Rei>re8eutatlve in Congress," opposite the names of 
the candidates for Representative in Congress, to wit, John M. C. Smith, Claude 
S. Carney, Levant li. Rogers, and Edwin N. Dingley, there appear In the spaces 
where the tallies ought to be in no tallies whatever. T'nder the heading " Total 
straight votes," oi)iJOsite the name of John M. C. Smith, 55. Under the heading 
"Total split votes." opposite the name of John M. C. Smith, 84. Under the 
heading ** Total votes received," op|)osite the name of John M. C. Smith, 139. 
Under the heading "Total straight votes," opi)osite the name of Claude S. 
Carney, ai. Under the heading "Total split votes," opiwsite the name of 
Claude S. Carney, 12 Under the heading "Total votes received," opposite the 
name of Claude S. Carney, 43. No figures entered opposite the name of Levant 
L. Rogers. Tiider the heading "Total straight votes," op|K)Bite the name of 
Edwin N. Dlngley, 6. Under the heading " Total split votes," opposite the name 



CARNEY VS. SMITH. 131 

of Bclwin N. DIngley, 3G. Tender the heading " Total votes received," owwalte 
the name of Bdwin N. Dingley, 42. 

I show this book 32, page 12, to counsel for the contestee, and call his atten- 
tion to the fact just recited upon the record, and ask him to challenge the cor- 
rectness of the statement. 

Mr. AfAYNABD. I will not take time to examine It but will object to it as in- 
competent and immaterial and will object to the statement of the attorney for 
the contestant as made respecting these exhibits from 25 to 32, inclusive, as not 
being the best evidence ; the best evidence would be the books themselves. 

Mr. Adams. It is the book itself that I am reading from. It is inii)08slble to 
produce these books before the committee of the House of Representatives. I 
now open and hold before counsel and lay down on his desk this Exhibit 32. 
oi>en to page 12, and ask him to challenge the correctness of the statement I 
have made upon the record. 

Mr. Maynard. I will not take time for that, but insist ui)on the book being 
placed in evidence and laid before the committee in Congres.^. 

Mr. Adams. Is there any question about the correctness of my statement? 

Mr. Maynabd. I am not going to examine it nor admit nor deny anything as 
to what the books contain ; I am objecting to the manner of proving it. 

Mr. Adams. The book is in evidence. We would be glad to have the books 
taken to Washington so the committee of the House of Representatives 
could see them. We believe they will show even more than we are claiming for 
them. It might be of material benefit to the committee to have the advantage 
oi them in this investigation. 

Mr. Maynabd. The books can be put in evidence and taken down there. 

Mr. Adams. I don't suppose we can take them out of the files of the county 
clerk of Raton County. The law requires them to remain there. If there is 
any means, legally, by which they can be removed from the custody of the clerk 
of Eaton County, counsel for contestant has no objection to their being taken 
before the committee of tlie House of Representatives upon the hearing of this 
proceeding. 

We offer in evidence Exhibit 33, poll book of the general election Ueld on 
Tuesday, the 5th day of November, A. D. 1912, at the township of Walton, 
Baton County, Mich., being one of the records presented here before the com- 
missioner taking the depositions by the county clerk of Eaton County. I de- 
sire to call attention to page 16 of this poll book : 

There is no entry made In writing or figures under the heading " Wh<rfe 
number of votes cast according to the poll lists was." 

There is no entry made in writing or figures under the words " whole number 
of votes counted on opening the ballot box was." 

There is no entry made in writing or figures under the words " Whole num- 
ber of ballots in excess of the number voted and destroyed was." 

I call attention on this same page of this same exhibit, the form of the cer- 
tificate there printed to be filled out Is not signed by anybody. Opposite these 
words appear "Certificate, inspectors of the general election held on Tuesday, 
the 5th day of November, A. D. 1912." The places for the signatures are 
entirely blank. I show this to the counsel and lay it ui)on his desk, and ask him 
to challenge the correctness of the statement made upon the record. 

Mr. Maynabd. I will not take time to examine the book, but will object to it 
as incompetent and immaterial and not the best evidence. 

Mr. Adams. I will offer in evidence Exhibit 34 tally sheet book of the general 
election held on Tuesday the 5th day of November, A. D. 1912, for the township 
of Walton, county of Eaton, Mich., and desire to have the record show that 
opiwsite the names of John M. C. Smith, Claude S. Carney, levant L. Rogers, 
and Edwin N. Dingley, opposite the words " Representative in Congress," that 
there is absolutely no tally made upon this tally book. All that appears oppo- 
wte " Representative in Congress " are the following figures : 

Vnder the heading "Total votes received" opposite the name of John M. C. 
Smith, 139. 

Under the heading " Total votes received " opposite the name of Claude S. 
Carney, 135. 

Under the heading " Total votes received " opposite the name of Levant L. 
Rogers. 3. 

Under the heading "Total votes received" opposite the name of Edwin X. 
Dingley. 86. 



132 CARNEY VS. SMITH. 

I show this p}ige 12, which I have just read from, to counsel for the cou- 
testee. and lay the book before him on his desk and ask him to challenge upon 
the record the correctness of the statement I have just made on the record. 

Mr. Maynard. I will not examine the book, but I will object to it as incom- 
petent and immaterial and not the best evidence. 

Mr. Adams. I offer in evidence Exhibit 35, which is the tally-sheet book of 
the general election held on Tuesday, November 5th, A. D. 1912, at the town- 
ship of Bellevue, Eaton County, Mich., which has been produced here by the 
county clerk of Eaton County. On page 12 of this exhibit, which Is the tally- 
sheet book, there are no tallies entered opposite the nnmes of John M. C. Smith, 
Claude S. Carney, Levant L. Rogers, and Edwin N. Dingley, candidates for- 
Representative in Congress, except one tally opposite the name of Claude 8. 
Carney. 

Under the head of ** Total straight votes,'* opp'jsite the name of John M. C. 
Smith, appear, 188. 

Under the head of "Total split votes," opposite the name of John M. O. 
Smith, 58. 

Under the head of " Total votes received," opposite the name of John M. C. 
Smith, 246. 

Under the head of "Total straigiit votes," opposite the name of Claude S. 
Carney, 117. 

Under the head of ''Total split votes," opposite the name of Claude S. 
Carney, 38. 

Under the hend of "Total votes received," opiwsite the name of Claude S. 
Carney, 155. 

Under the head of "Total straight votes," opposite the name of I^evant L. 
Rogers. — . 

Under the head of "Total split votes," opposite the name of I-«vant L. 
Rogers, 2. 

Under the head of "Total votes received," opposite the name of Levant I* 
Rogers, 2. 

Under the head of "Total straight votes," opposite the name of Edwin N. 
Dingley, 22. 

Under the head of "Total split votes," opposite the name of Edwin N. 
Dingley, 23. 

Under the head of " Total votes received." opposite the name of Edwin N. 
Dingley, 45. 

In Exhibit 16, township of Bellevne, county of Enton, Mich., being the poll 
book, I desire to have the record show that the blank forms for the officers of 
inspectors of election to sign and make oath, that not one of them is filled out 
in any particular. I show the same to counsel for the contestee and ask him to 
challenge the correctness of my statement, in this regard, upon the record. 

Mr. Maynabd. I will not take time to examine them, but will object to li as 
incompetent and immaterial and no evidence that the officers did not take the 
constitutional oath upon that occasion. 

Mr. Adams. I offer in evidence Exhibit 36 entitled " Statement book of the 
general election he'd on Tresday, November 5th, A. D. 1012, in the third ward, 
Eaton Rapids. County of Eaton, Mich.," which statement book Is pix)duced by 
the county clerk of Eaton County as a part of the election returns held on 
Tuesday, November 5, 1»12, and read froni page 16, as follows: 

" CEBTIFICATE. 



" State of Michigan, 

" County of Eaton, ss. 



" We do hereby certify that the foregoing is a correct statement of the votes 
given In the third ward of the city of Eaton Rapids, county of Eaton. State of 
Michigan, at the general election held on Tues<lay, the 5th day of November, 
A. D. 1912. 

" In witness whereof we have hereunto set our hands at the third ward, city 
of Eaton Rapids, said county and State, this 6th day of November, A. D. 1912. 

"Claude C. Smith, 
" George H. Seel ye, 
" S. A. Annis, 
"F. S. Leiohton, 

** Inspectors of Election.' 



i» 



CARNEY VS. SMITH. 133 

I offer In evidence sUitement book of the general election held Tuesday, 
NoTember 5th, 1912, in the third ward of the city of Charlotte, Eaton County, 
Mich., marked Exhibit 37, and read from page 16 : 

" Certificate. 
"State of Michigan, 

** County of Eaton, hs: 

" We do hereby certify that the foregoing is a correct statement of the votes 
given in the third ward of the city of Charlotte, county of Eaton, State of Michi- 
gan, at the general election held on Tuesday, the 5th day of November, A. D. 
1912. 

"In witness whereof we have hereunto set our hands at the city of Charlotte, 
Rjiid county and State, this day of November, A. D. 1912. 

" E. Dunning, 

" J. B. DOWDIGAN, 

** Geo. J. Barney, 
*' Inspectors of Election.'^ 

We offer in evidence Exhibit 38, statement book of the general election held 
on Tuesday, the 5th of November, A. D. 1912, at the fourth wnrd of the city 
of Charlotte. Eaton County, Mich., and read from page 16: 

" Certificate. 

*• State of Michigan, 

" County of Eaton, 88: 

•* We do hereby certify that the foregoing is a correct statement of the votes 
given in the fourth ward of the city of Charlotte, county of Iilaton, State of 
Michigan, at the general election held on Tuesday, the 5th day of November, 
A. D. 1912. 

" In witness whereof we have hereunto set our hands at the city of Charlotte, 
said county and State, this 5th day of November, A. D. 1912. 

**C. A. Pope, 
"J. A. Greenman, 
" Marion Porter, 
"Inspectors of Election.*' 



I read from Exhibit 39. S*^atement book of the general election held on 
Tnewlay, November 5, A. D. 1912, in the first ward in the city of Charlotte, 
county of Eaton, State of Michigan, and read from page 16 as follows : 

*' Certificate. 

*' State of Michigan, 

" County of Eaton, ss: 

" We do hereby certify that the foregoing is a correct statement of the votes 
Kiven in the first ward of the city of Charlotte, county of Eaton. State of Michi- 
gan, at the general election held on Tuesday, the 5th day of November, A. D. 
1912. 

" In witness whereof we have hereun^^o set our hands at the city of Charlotte, 
«»id county and State, this 5th day of November. A. D. 1912. 

"A. A. Houghtalino, 
"Myron Hawkins, 
" F. F. Flaherty, 
" Inspectors of Election."' 

All the election returns offered in evidence to-day I desire the record to show 
are from the election returns which were produced here before the commissioner 
taking the depositions l)y the county clerk of the county of Eaton as being tho 
election returns of the election held in the various localities and voting i)lacos 
in the county of Eaton on the 5th day of November, 1912. 

Mr. Maynard. Each and every one are objected to as incompetent and Imma- 
terial and not the best evidence. 

Mr. Adams. Will you stipulate as to the witnesses who have been sworn and 
the number of miles they have traveled? 



134 CARNEY VS. SMITH. 

Mr. Maynabd. Ye« ; we can draw a stipulation and date It etB of to-day. You 
may make a list of your witne^see, the number of miles tbey have traveled* 
iind the time they have attended, and take It before the commissioner and 
swear to it and he will O. K. It. 



March 7, 1913. 

AGNES M. STERLING, being duly sworn to testify to the truth, the whole 
truth, and nothing? but the truth, testified on behalf of the contestant as follows: 

Direct examination by Mr. Adams: 

Q. Is It Mrs. Sterling or Miss Sterllni??— A. Miss Sterling. 

Q. Mi88 Sterling, you live In Marshall, ('alhoun County, do you?— A. Yes. sir. 

Q. Do you hold any official position in thin county? — A. Yes. .«*ir. 

Q. What is it? — A. Deputy county clerk. 

Q. Now. how long have j-ou held that office? — A. About a j-ear. 

Q. Were you the dei)uty cpunty clerk on the .1th of November last?— A. 
Yes. sir. 

Q. Have you or not been ever since that deputy county clerk? — A. Yes, sir. 

Q. Who is the county clerk of Calhoun County at the present time? — A. Mr. 
Cady. 

Q. How long has Mr. Cady been county clerk? — A. Since the. 1st of Januarj-. 

Q. Who was clerk of this county In the year l!n2?— A. Ray E, Hart. 

Q. Mr. Cady was elected and took the office the Ist of January, 1013?— A. 
Yes, sir. 

Q. Is there In the possession of the county clerk of this county the returns of 
the election board that officlHtetl at the last. November 5, 1912. general election 
In this State the return of the board In your possession ? — A. Yes, sir. 

Q. As deputy county clerk? — A. Yes. sir. 

Q. State whether there is In the possession of the deputy county clerk a record 
of the proceedings of the board of county canvassers of the canvass of the votes 
of the general election held November T), 1012. in this county of Calhoun. i>ar- 
tlcularly the second precinct of the second ward of the city of Battle Creek, 
and have you or not those records now before you before the commissioner 
taking this testijuouy? — A. Y>s, sir. 

Q. Those are the ones you prcxluced? — A. Yea, sir. 

Q. I notice here that they were returned in an enveloi)e which Is entitled 
** Election returns. Battle Creek, second precinct, second ward. Calhmm County, 
Mich.. addre8se<l to the county clerk. Marshall. Calhoun County, Mich., filed 
November 8, 1012. Kay E. Hart, Calhoun County clerk " ; is that one of the 
files and records of your office that you have just referred to and that you pro- 
duced? — A. Yes. sir. 

Q. I show yoti Exhibits 41. 42. and 43. Exhibit 41 being the poll book of the 
general election held on Tuesday, the nth day of November. 1912, In the second 
precinct in the second ward of Battle Creek, and 42 being the tally-sheet book 
of the same general election of the same precinct and ward, and 43 being the 
statement book of the general election held on the same day and In the same 
precinct, and ask you now to state whether or not — ^and Exhibit 41 is the en- 
velope in which thoy were returned — those exhibits, namely. 41. 42. and 43. are 
the contents of the enveloin* 40 or not? — ^A. Yes. sir. 

Q. Y^)u may state whether those exhibits that I have called your attention to 
were returned as elwtiou returns from thi't ward and precinct to the county 
clerk of Calhoun County and filed with tlie clerk November 8, 1912? — A. Yes, sir. 

Q. I call your attention to an envelope, marked '* Exhibit 44," that you have 
produced here, addressed to the board of county canvassers, care the judge of 
probate or the register of probate: this envelope contains the returns, statement 
of votes, and the result of the election held in Battle Creek, second precinct, 
second ward, Calhoun Count:^'. I also call your attention to Exhibit 45. entitled 
*' Poll book of the general election held Tuesday. November 5, 1912, second ward, 
second precinct. Battle Creek." and Exhibit 4(5. which is the tally-sheet book 
of the general election held Tuesday, November 5. 1012, in the second precinct, 
second ward, city of Battle (^reek. county of Calhoun, and Exhibit 47, entitled 
*' Statement book of the general election held November 5. 1912, in the second 
precinct, second ward, of the city of Battle Creek, county of Calhoun," and ask 
you now to state whether tliose four exhibits, which I have just called your 
attention to In this question, were received at any time and came into the ikis- 



CABNEY VS. SMITH. 135 

siession of the connty clerk of Calhonu County? — ^A. They came into the posses- 
sion of the coanty, probably, from the canvassing board. 

Q. When? — A. After they completed the canvass. 

Q. That was held after the November 5, 3912. election? — A. Yes, sir. 

Q. I call yon attention next to a book that is marked on the bnck, *' Record 
of elections. Calhoun County," and ask you what th:>t book is? — A. The county 
t-anvrssers' return of the votes. 

Q. The return of the canvass of the votes in Calhoun (^)unty. which votes 
were cast at the November 5. 1912. election?— A. Yes, sir. 

Q. I call your nttention to piige 132 of thnt record, and ask you whether that 
Iiage contains the canvass jis made by the board of county canvassers of the 
votes cast for Representatl^ e iii Congress at the general election hehl Novem- 
ber 5, 1912?— A. Yes, sir. 

Q. You may st^ne whether this book record of elections is or Is not the record 
In the office of the county clerk of Calhoun County, Mich. — A. It is. 

Mr. Adams. That is all of this witness. 

Mr. Frankiiacskr. No cross-examination at the present time. 

OFOK<iE W. SCIINEIDEK, being duly s\^'oni to testify to the truth, the 
whole trnth, stml nothing but the truth, testified on behalf of the contestant. «s 
follows : 

Dli*ect examination by Mr. AnAMs: 

Q. Mr. Schneider, where do you reside? — ^A. Albion, Mich. 

Q. Is that, or not, In Calhoun County? — A. It is. 

Q. How long have you lived In Albion in this county? — A. Twenty-five or 
thirty years. 

Q. What Is your age? — A. I am 51. 

Q. Were you a member of the board of county canvassers, the board that 
counted the votes that were cast at the November 5, 1912, general election? — 
A. I was. 

Q. The board that canvassed the votes for Representative in Congress at the 
November 5. 1912, general election held in the county of CsUhoun, State of 
Michigan? — A. Yes, sir. 

Q. Did you act on that board in the canvass of the votes cast for Repre- 
sentative in Congress at that election? — ^A. I did. 

Q. Who were the other members of the board? — A. (Charles Andrews and 
Franklin W. Dickey. 

Q. Yourself and Mr. Andrews and Mr. Dickey acted on the board of county 
cauvaraers in canvassing the votes at that election, did you? — A. We did. 

Q. Where did you meet? — A. In this room. In Marshall, Mich., at the court 
house. 

Q. When did you meet? — A. I will have to refer to the minutes; November 12. 

Q. November 12, 1912?— A. Yes, sir. 

Q. That was the day you met? — A. That is the day we met ; yes, sir. 

Q. Did the board of county canvassers which met on the 12th day of Novem- 
ber, 1912, as you have stated, did it or not canvass the votes that were cast for 
the various candidates for Representative in Congress, in the county of Cal- 
houn?— A. We did. 

Q. I wish you would state, Mr. Schneider, just what occurretl in connection 
with the canvass of the votes for the candidates for that ofllce when your board 
canvassed that vote — thtit is. the office for Representative for Congress. — A. I 
don't know as I quite understand your question: as to the election entire? 

Q. No; just the Representative in Congress. — A. You mean throughout the 
whole county? 

Q. Just to this precint. — A. You haven't referre<l to that. 

Q. I mean that is applicable or relate to the votes cj'st in the second precinct 
of the second ward of Battle Creek. — A. Well, when we recelv(»d the box from 
the county clerk, he advised us that the number of votes returned were less 
than the number cast at the election, and after looking the reinirt of the election 
board over and comparing it with the i>oll list, we also knew that there must 
liave been more votes cast than was retumetl. The county canvassing board 
2!Sked the advice of the legal authority of this county, the prosecuting attorney, 
and we were advised to call this election board of that pret»inct to Marshall and 
ask them to correct their return. We did so. We ordered them to Marshall 
with their ballot boxes. I oiiened that box as chnlrman of the board of can- 
vassers. There was no data in the box unless we us^od the figures thnt were 



136 CARNEY VS. SMITH. 

on the tickets, on the n)lls of tickets, which we did use in corre<*tiug the returns 
;»ccording to tliose figures which we found on the back of each roll. A roll of 
tickets like that ! indicating! we would see so many "straight I)." and so many 
"straight K.** and so many "straight N. P." and so many "straight S." which 
we look for Democrats, Republicjm, National Progressive, and Socialist tickets. 
Tenter the board of canvassers were convinced tliat we had exceedetl our au- 
thority, tliat wo had no right to molest the tickets in those boxes, so we again 
called the board to Marshall and the boxes were there agjiin opened ami the 
report was corrected by a blotter that the box contained that was made by one 
of the clerks at that election. The red figures in that book indicate the changes 
ihrt were made at that time. 

Q. Wh'it election returns did you have before your board of county canvassers 
; t the time you can\assei1 the vote for Representative in Congress that were 
cast in the second ju'eciuct of tlie second want of Battle Creek V — A. What did 
we have originally before us'/ 

Q. Before you called the eUn'tlon board before your boardV — A. The black 
figures in that book. 

Q. What particular books^ — election returns — did you have bef<»re you, if 
any? — A. We had the statements as returned by the election board. 

Q. I call your attention now to Exhibits 40, 41, 42, and 43, which were pro- 
duced here by the deputy county clerk this morning, and ask you to state 
whether all those exhibits I now hand you for your examination were or were 
not before your l>oard when you first began the canvass of the votes cast for 
Representative in Congress at the November 5, 1912. election in the second 
precinct second ward. Battle Creek? — A. They were; yes, sir. 
Q. Now this Exhibit 40 is an envelope, is It not? — A. Yes, sir. 
Q: Addressed to the county clerk, Marshall, Calhoun County? — A. Yes, sir. 
Q. Is there a filing marked on there of the county clerk which reads. " Filed 
Novend)er S, 1912, Ray E. Hart. Calhoun C\)unty clerk*'?— A. It is. 

Q. When you got that envelope where were these other three exhibits you 
have in your hand — 41, 42, and 43? — ^A. They were in this envelope. 

Q. W^as the envelope sealed or unsealed when it came into the i)o.ssession of 
the board of county canvassers? 

Mr. Maynabd. Objected to as irrelevant and Immaterial. 
The WiTNKSS. The envelopes, all of them returned from the county clerk, 
were open. 

Q. I understand you to say that the board of county canvassers, of which 
you were a member at the time mentioned, asked the election board of the sec- 
ond precinct, second ward. Battle Creek, to bring before your board of can- 
vassers the ballot box that was used at the election held in that precinct on No- 
vember 5. 1912? — A. Yes, sir. 

Q. And that election board brought that ballot box before your board of 
county canvassers, did it? — A. Yes, sir. 

Q. When did the election board of that precinct bring this ballot box that 

was used at that election before your board? — ^A. On the 13th of November, 1912, 

Q. Was that the first time at that particular meeting of the board of county 

canvassers that that election board brought that ballot box before your board of 

canvassers or not? — A. It was. 

Q. You stated that the election board of that precinct, second precinct, second 
ward, Brttle (M-eek. again nppeare<l before the board of county canvaK.sers: is 
that correct? — ^A. Yes, sir. 

Q. At that second appearance of that election board before your board of 
county canvassers, was the ballot box produce*! before your board by that elec- 
tion board? — A. It was. 

Q. When was that ballot box by that election board of that precinct in Bat- 
tle Creek a second time produced before the board of county canvassers?— A. 
I think the date of that is here [referring to book]. The 19th day of Novem- 
ber, 1912. 

Q. Now when that ballot box was brought before your board of county can- 
vassers by that election board, you opened it? — ^A. I did. 

Q. Did you find anything in that ballot box besides the ballots?— A. We found 
a few scraps of paper, but none of them were the figures from which this report 

was corrected. 
Q. The first time I am referring to.— A. No. sir; we didn't find anything: 

we took the tickets. 

Q. Was there anything else in the box besides the tickets the first time you 
opened the ballot "box that you noticed or found?— A. Well, these scrape of 



CARNEY VS. SMITH. 137 

paper In the bottom we didn't molest, didn't look for; we didn't think there was 
anything there we wanted to see. 
Q. Did you find any tally sheet or poll book? — ^A. No, sir. 
Q. Or statement book in that ballot box the first time your board of county 
canvassers opened it? — ^A. No, sir. 

Q. Was there anything put back in that ballot box when the box was before 
your board of county canvassers other than what you took out of it when you 
opened it oi? this first occasion, when the ballot box came before the bimrd of 
county canvassers? — A. Not to my knowledge. 

Q. What was done with the ballot box when the ballots were placed In It that 
first time? — ^A. It was sealed and placed in the hands of the city clerk at Battle 
Creek. 

Q. Was the ballot box locked before being sealed or after being sealed, or 
locked at all on that first occasion when before the board of county can- 
vassers?— A. I couldn't say; I don't think it was locked. 
Q. You don't know? — A. I don't know. 

Q. Now, when your board of county canvassers first met, November 12, 1912, 
to canvass this second precinct of the second ward of the city of Battle Creek 
were Exhibits 41, 42, and 43, so far ns your record shows and those exhibits 
show anything with reference to the office of Representative in Congress, 
then in the condition that they are now here or not Ihanding witness ex- 
hibits! ? — A. No, sir; thej' are not. Your question was when we first met? 

Q. Yes; when they first came into the possession of the board of county can- 
vjiiaaers from the county clerk's office whether they were then in the same condi- 
ticm that they are at this time? — ^A. No, sir; they were not. 

Q. Referring again to Exhibit 42, tally sheet. of the general election held 
on November 5, 1912, in the second precinct of the second ward, city of Battle 
Creek, I notice that opposite the name of John M. C. Smith — opposite the head- 
ing entitled " Representative in Congress," and opposite which entitling '* Repre- 
sentative in Congress" John M. C. Smith's name appears, and under the head- 
ing, opposite the name of John M. C. Smith, which heading is "Total straight 
votes," there now appear to be the figures 66. State whether, when this exhibit 
came into the possession of the board of county canvassers when it first met, 
before the election board appeared before your board of county canvassers, those 
flares 66 were there in that place? — A. They were not. 

Q. Opposite the name of John M. C. Smith, under the heading " Total split 
votes," I notice the figures 31. You may s'ate whether when your board of 
canvassers first came into possession of this exhibit from the county clerk's 
office the figures 31 were In that place where they now are. — A. They were; 
yes, sir. 

Q. Opposite the same name, John M. C. Smith, Representative in Congress, 
under the heading "Total vo'^es received," I notice the figures 31 are crossed 
out. Were those figures crossed out when you first came into the possession 
of this exhibit as a member of the board of county canvassers? — A. They were 
not ; no, sir. 

Q. Were the figures 31 in that column there when you first came into i)osses- 
slon of this Exhibit 42?— A. They were. 

Q. I notice right over the figures 31 in that column " Total votes received." 
opposite the name of John M. C. Smith, now appear the figures 97. Were those 
figures in that column opposite that name when this Exhibit 42 firs*^ came 
into possesssion of your board of county canvassers? — A. They were not; no, 
sir. 

Q. When were the figures 31 in that column of '* Total votes received," oppo- 
site the name of John M. C. Smith, crossed out? — A. On the 19th day of No- 
vember. 

Q. Who put the figures 97 in that column last Inquired about, do you know? — 
A. One of the members of the election board of said precinct. 
Q. Do you know what member? — A. I do not. 

Q. That crossing out of the 31 In that column and placing in the column of 
the figures 97 was done, you say, on the 19th day of November, 1912?— A. 
Yes. sir. 

Q. Did your board of county canvassers say to that board that those changes 
were sanctioned? — ^A. Yes, sir. 

Q. Opposite the name Claude S. Carney, Representative in Congress, under 
the heading "Total split votes," I notice 23. Were those figures in there 
38 there in that place when Exhibit 42 first came into the possession of your 
board of county canvassers? — A. They were not. 



138 CABNBY VS. SMITH. 

Q. When were those figures 38 placed in that column? — A. On the same 
day — the 19th day of November. 

Q. Oi)iK)slte the nnnie of Clnude S. Carney, Representative In Congrew, under 
the heading "Total split votes," I notice 23. Were those figures In there 
when your board of county canvassers first got this Exhibit 42? — A. They were. 

Q. Opi)08lte the name of Clfiude 8. Cnmey, under the beading "Total 
votes received,'* I notice the figures 23. Were those figures In there when 
your boiinl of county cunvassers first got Exhibit 42V — A. They were. 

Q. I notic»e that there are lines drawn across the figures 23. When were 
those lines drawn across those figures on Exhibit 42? — ^A. On the 19th day of 
November. 

Q. I notice In the same column the figures 23 over the figures 61. Were 
those figures in there when your board of county canvassers first got Exhibit 
42?— A. They were not. 

Q. When were they put in there? — ^A. At the sjime time — on the 19th of 
November. 

Q. Was there, at the time your board of county caiivapsers made the ohaupes 
to which 1 have just referred In Exhibit 42, any contest made l>y writing or 
otherwise before your board of coi?nty canvassers with reference to the office 
of Representative in Congress? — A. Nothing in writing. 

Mr. Frankhauseb. I object to the question as assuming that his lH>ard made 
the change. I understand the election board made the change. I want the 
c»bjection to appear before the answer. 

The Witness. By our order. 

Q. There was no contest on through which contest your l)oard of county 
canvassers assumed to recount the ballots, was there, at that time? — A. Well, 
1 

Q. (Interrupting.) No petition was filed before your board of county cau- 
vassers for a recount of those bnllots? — ^A. No, sir. 

Q. With reference to the office of Representative in Congress? — A. No petition 
was filed. 

Q. No x)etition presented l>efore your board of county canvassers to that 
effect; thnt is, to have a recount of the ballots for the office of Representative 
in Congress? I mean of the votes cast at the November 5, 1912, election? — 
A. No written contest — no written demand of contest — was filed. 

Q. These changes in this Ehchiblt 42 which you have testified about with ref> 
erence to the office of Representative in Congress were not made when that 
election board first came before your board of county canvassers? — A. Not on 
this book ; they were made on the other book. 

Q. What other book? — A. One of the statements — one of the statements — the 
first time. We made the figures in red ink. This is in black. 

Q. You mean the figures in Exhibit 42 by this one?-— A. Yea, sir; 42. 

Q. On Exhibit 42 these changes were not made in these figures until Novem> 
ber 19?— A. No, sir. 

Q. When that election board was first before your board of county canvassen^ 
did you make any changes on the statement book. Exhibit 43. so far as the 
office of Representative in Congress is concerned? — ^A. We did. This is 43? 
Yes, sir ; we did. 

Q. Now, I call you attention to Ebchlbit 43, which is the statement book of 
the general election held November 5. 1912, in the second precinct of the second 
ward of the city of Battle Creek, Calhoun County, to imge 7 of that exhibit, 
:»nd I notice there that, under the office of Representative in Congress, apiwar 
the names of John M. C. Smith and Claude S. Carney, the names John M. C. 
Smith and Claude S. Carney being written in black ink ; and opiwsite tlie name 
of John M. C. Smith there is written in black ink 31. Is that correct? — ^A. That 
is as the book appeared when it firpt came to us. 

Q. Then appears the name John M. C. Smith, " Votes received," 31, and the 31 
is written out in writing? — A. Yes, sir. 

Q. Opposite the writing 31 and opposite the name of John M. C. Smith are 
the figures 31?— A. Yes, sir. 

Q. That is correct?— A. Yes, sir. 

Q. Was there anything else on that line opposite the name of John M. 0. 
Smith when you first got that Exhibit 43 before your board of county can- 
vapsers? — ^A. There was not; no, sir. 

Q. The name Claude S. Carney is written in ink under " Office for Repre- 
sentative In Congress" In this Exhibit 43?— -A. Yes, sir. 



CARNEY VS. SMITH. 139 

Q. Opposite Claude S. Carney's name appear In writing the words " twenty- 
tliree"? — A. Yes, sir. 

Q. Opposite the writing 23» opposite the name of Claude S. Carney, also 
appear the figures 23 in black ink? — ^A. Yes, sir. 

Q. Did anything else appear on that line where Claude S. Carney's name 
appears on this exhibit when Exhibit 43 first came before your board of county 
CHDVflsaers? — A. No, sir. 

Q. I call your attention now to this Exhibit 43 on page 7, oi)i)osite the name of 
John M. C. Smith, and next after the writing ** 31," written out in full in black 
ink, to be written in there in red ink, the figures 97 followed by a dash and 
followed by the figures 66. When were those figures 97-66, the figures 66, placed 
opposite the name of John M. C. Smith on this Exhibit 43? — ^A. November IS. 

Q. On this Exhibit 43. opposite the name of, or on the line rather, that Claude 
S. Camey*s name appears under '* Office for Representative in Congress,'* an<| 
after the word "twenty-three" appetir in red ink the figures "61" — then the 
figures "38." When were those figures written in there on that exhibit opix)- 
slte the name of Claude S. Carney? — A. On the 13th day of November. 

Q. Those figures opposite Claude S. Carney's name to which I have Just re- 
ferred, were they or not in that l>o<)k in red Ink when Exhibit 43 first came 
into the possession of the board of county canvassers? — A. They were not ; no^ 
8ir. 

Q. Were those figures " 97 "-66 opposite the name of John M. C. Smith 
uuder the heading "Office for Representative in Congress" in there, in thlR 
exhibit when this Exhibit 43 first came into the possession of your board of 
county canvassers? — A. They were not; they were not in. 

Q. Who made these figures in red ink, to which I have referred here in 
which appears opposite the names of John M. C. Smith and Claude S. Carney 
"Oflice Representative in Congress" in this Exhibit 43?— A. Ray E. Hart„ 
county clerk. 

Q. Who direc*ted Ray E. Hart, county clerk, to put those figures in that 
Bxhibit 43 in red ink, to which I have called your attention? — A. Why, I 
rather think the canvassing bonrd directed that to be put in in red ink. 

Q. Where did you get the information from — where did the boHrd of county 
canvassers get the information from that caused your board of county canvaHserHt 
to place those figures that are in retl Ink on Exhibit 43, in that exhibit? — A* 
From the rolls that were taken out of the ballot box marked with a num- 
ber and letter; that is. for illustration we took a roll out of the box and it 
was marked "6BR" and another one 

Q. (Interrupting.) Roll of what? — ^A. Roll of ballots: we supposed they 
were ballots, we didn't oi)eu them. Another one was marked "3ST)." 

Q. The roll that was marked **3SD," what was that roll; do you know? 
You didn't open it. did you? — A. No. sir. 

Q. You don't know whether ballots or not. do you? — A. No, sir. 

Q. So you took your information from some figures that were on a roll of 
paper that was in the ballot box? — A. Yes, sir. I want to make a correction 
In my testimony to this effect, that when the ballot box was first brought be- 
fore the board of county canvassers by the election board of the second pre- 
cinct of the second ward of the city of Battle Creek I instructeil the election 
board to oi)en the ballot box and I think one of the menihers of the election 
board opened the l)allot box and that I did not open It myself. 

Q. When you first took the ballots out of the ballot box in question— that is» 
when your board of county canvassers had that box opened and the ballots were 
taken out — there was no count made in the presence of the board of county can- 
vassers of the ballots contained in that box? — A. No, sir. 

Q. All the ballots were taken out of the box. however, the first time the bal- 
lot box was brought before the board? — A. All the rolls of ballots were taken 
out 

Q. Were the rolls of ballots untied? — A. No, sir. 

Q. Were they tied up in rolls? — A. Yes, sir. 

Q. So that all the information you got then out of that ballot box there, be- 
fore you took from it, you obtained from some figures that were on some of 
those rolls that were taken out of the ballot box? — A. Yes, sir. 

Q. And from the figures that were on the back of those rolls, the first time 
yott took those ballots out of that ballot box before your board of county can- 
vassers, yon put these red figures opposite the names of John M. C. Smith and 
Claude S. Carney on this Exhibit 43. did you?— A. Yes. sir; they were put 
there. I didn't ppt them there. 



140 CABNEY VS. SMITH. 

Q. They were put there by Ray E. Hart?— A. Yes, sir: as clerk of the bonnl 
t)f county canvassers. 

Q. Mr. Hart was at that time county clerk of Calhoun County?— A. Yes, sir. 

Q. His politics are Republican? — ^A. Yes, sir; I expect so. 

Q. He was elected as county clerk on the Republican ticket, was he not, for 
the term he was then acting or filling? — A. Yes, sir. 

Q. Did you at the time this ballot box first came before your board of county 
canvassers, or at any time before this ballot box came before your board of 
county canvassers the second time, make any corrections on Exhibit 42 opposite 
the names of the candidates for Representative in Congress? — ^A. No, sir. 

Q. Was Claude S. Carney a candidate for Representative in Congress on the 
Democratic ticket at that November 5, 1012, election; did he come before your 
board of county canvassers at any time at its meeting? — ^A. Yes, sir; he did. 

Q. When first?— A. Why, I think the day following this 13th day of Novem- 
ber; I think it was the next day. 

Q. These figures on the statement book. Exhibit 43, which api)ear there In 
red ink, to which I have referred in previous questions, which a])i>ear in red 
ink opposite the name of Claiude S. Carney opixjsite the " Office of Representative 
in Congress," had been placed upon this Exhibit 43 before Mr. Carney came 
before your board of canvassers? — A. Yes, sir. 

Q. Now, at that time when Mr. Carney came before the board of county 
canvassers he made an objection, didn't he. to your board of county canvassers 
making any change in the figures in the statement book. Exhibit 43? — A. Why. 
be objected to the source of information we made the change on. 

Q. He also objected at that time, didn't he. that your board of canvassers 
were not the proper tribunal before which any change could be made in the 
returns from the election board of the second precinct, second ward of Battle 
Oreek?— A. I think he did; yes, sir. 

Q. Now. when this ballot box came before your board of county canvassers 
the second time, that was on the 19th day of November, 1912? — A. Yes, sir. 

Q. Was that ballot box opened again? — ^A. It was. 

Q. Who opened it? — A. Why, I think the same people — that Is, the election 
board. 

Q. The election board that had acted in holding the election in that precinct 
nnd ward? — A. Yes, sir. 

Q. By whose direction, if by anyone's, was that ballot box opened at that 
time? — ^A. By the direction of the board of county canvassers. 

Q. At whose request? Who requested it to be opened at that time? — A. Well, 
1 guess I will have to say Congressm-n Smith. 

Q. Was John M. C. Smith here at that time?— A. Yes, sir. 

Q. The same Smith whose name fppears here as a candidate for the office 
xtt Representntlve in Congress? — A. Yes. sir. 

Q. He w^as before your board at that time? — A. Y'es, sir. 

Q. At the time that ballot box was opened the second time before your board 
x>f county canvassers? — A. Yes, sir. 

Q. After the ballot box had been taken away from the board of county 
canvassers, after it first came here, who requested the election board of the 
second precinct of the second ward of Battle Creek to again produce thflt 
ballot box before your board of county canvassers? — ^A. I don't understand 
the question. 

Q. Y'^ou had the ballot box come liefore the board of county canvassers tlie 
>iecond time?— A. By order of tlie board of county canvassers. ^ 

Q. At whose, if anybody's, request did the board of county cjinvassers request 
that that ballot box be produced befoi-e it a second time? — A. The representa- 
tive of Congressman Smith. 

Q. Who made that request?— .\. Why, I think that is the gentleman. 

Q. Give his name. — A. John C. Davis. 

Q. Who was the other gentleman here at that time?— A. Mr. Huggett, of 
rharlotte. 

Q. Was (ieorge Huggett, of Chnrlotte, here at that time?— A. This gentleman 
isays that was his name; I don't know what his name was. 

Q. Do you understand that the name of the other gentleman who was here 
With John C. Davis was Mr. Huggett of Charlotte, Mich.?— A. I couldn't an- 
swer positively; Mr. Davis says that was the man; I know there was a man 
here from Charlotte; he was a stranger to me, but his name has passed from 
tne, so I c(nildn't say. 

Q. John C. Davis lives where? — A. In Battle Creek. 



CARNEY VS. SMITH. 141 

Q. Was he, so far as you know, connected with any political organization in 
the county of Calhoun at the time of the November 5, 1912, election? 

Mr. Mati^akd. We object to that as incompetent and immaterial. 

The Witness. I understand so. 

Q. What?— A. He was a Republican. 

Q. Now, who came here with the ballot box the second time before the board 
of county canvassers? — A. The city clerk of Battle Creek and the three mem- 
bers of the board who signed this report. 

Q. That is. of the election board of this precinct, do you mean? — A. Yes, sir; 
you will find it on the book. 

Q. What was the city clerk's name? — A. Thomas Thome. 

Q. Was he a member of the election board where Harry Christian, F. C, 
Christian, and W. D. WMlson were? — A. Yes, sir. 

Q. Who else if anyone, came with these gentlemen you have mentioned at 
the time that ballot box was brought the second time before the board of 
county canvassers? — ^A. I don't know of anyone else. 

Q. When did John C. Davis get here? — ^A. He was here. 

Q. Did he come with the men who brought the ballot box? — A. I think he 
was here before they came. 

Q. Was Congressman Smith here at the time the ballot box came or did he 
come in at the srme time the ballot box was brought here? — A. He was here 
before; he came here in the morning. 

Q. Now, when did you request the bringing of this particular ballot box 
before the board of county canvassers the second time? How long before 
it came here the second time? — ^A. Why, in the forenoon, I think, they were 
sent for and they appeared in the afternoon at 1 o'clock. They appeared that 
afternoon. Those little details I can't remember. I think it was ordered in 
the morning and brought here in the afternoon. 

Q. Was that box brought over here or not — ordered brought over here by 
the l)oard of county canvassers after a request had been made to your board 
to have it brought here? — A. It was; yes, sir. 

Q. That request to have it brought over here the second time was made by 
whom? — ^A. Why, by the representative of Mr. Smith. 

Q. Do you remember who made the request? — A. I do not. 

Q. Mr. Smith was here before your board when that request was made? — A. I 
think so. 

Q. Who were the gentlemen here whom you say were the representatives of 
Mr. Smith at the time that request was made? — A. Mr. Davis and a gentleman 
from Charlotte — Mr. Huggett— and Mr. Smith. 

Q. On a request made by those gentlemen to your board of county canvass^ 
ere, you, the board of county canvassers, ordered that ballot box to be 
a second time brought before the board of canvassers? — A. Yes, sir. 

Q- State whether that ballot box was or was not opened the second time 
before your board of county canvassers in the presence of Mr. Davis, Mr. Hug- 
gett, and Mr. Smith, the latter a candidate on the Republican ticket for Repre- 
sentative in Congress? — ^A. Yes, sir. 

Q. Was Claude S. Carney here at that time — the candidate for Representative 
la Congress on the Democratic ticket? — A. He was not; no, sir. 

Q. Was there any representative before your board at the time this ballot 
box was opened the second time, any representative of Mr. Carney's present 
before the board, that you know of? — A. The chairman of our Democratic 
committee was present. 

Q. He was the only man who was present, besides those you have men- 
tioned and your board and the other men who brought the ballot box, and the 
city clerk of Battle Creek, at that time? — A. I think there were more present 
in the room. 

Q. Mr. Carney's supporters, do you mean, or more men? — A. More men. 

Q. Was tliere any notice given to Mr. Carney by your board of county can- 
vassers that the ballot box would be produced before the board of county can^ 
vassers that second time? — ^A. No, sir; not from the board, anyway. 

Q. Did any such information come to your board — that Mr. Carney had been 
notified that this ballot box was going to be opened the second time by your 
board?— A. No, sir. 

Q. Now, were there any arguments made before the board of county can- 
vassers at the second opening of that ballot box with reference to ch.mging 
these figures, as they were contained in black ink, on these election returns 



142 CARNEY VS. SMITH. 

from that second precinct of the second ward of Battle Creek? — A. No arpi- 
inents: no, sir. 

Q. Did the prosecuting attorney of Calhoun County appear before the board 
t)f county canvassers at that time? — A. Not the second time; no, sir. He ap- 
peared before the board the first time. 

(\Vhereuix)n a recess was talceu until 1 o'clocli p. m., Thursday, March 7, 
1913.) 

GEORGE W. SCHNEIDER was recalled and further testified on behalf of 
the contestant, as follows: 

Direct examination by Mr. Adams: 

Q. I call your attention now to this book produced by the deputy county 
t?lerk and marked on the back, " Record of elections, Calhoun County," to page 
132 and ask you to examine that and tell me whether that is the finding of the 
hoard of county canvassers of the votes cast for the different candidates for 
^Representative in Congress at the November 5, 1912, election, as determined 
up(>n by your l>oard of county canvassers of which you were a member? — 
A. Yes, sir. 

Q. I call your attention now to this book last referred to, to page 132, under 
the bending '* Statement of votes given in the several townships and wards in 
the county of Calhoun at the general election held on Tuesday, November 5, 
1912/* under the heading also "Representative in Congress" and ask you to 
rend from that book juid tell me what that book shows as to the number of 
votes cast In the second precinct of the second ward. Battle Creek, for John M. C. 
Smith, for Representative in Congress. — A. Ninety-seven votes for John M. C. 
Smith and 61 votes for Claude S. Carney. 

Q. When were those figures that you have just read put upon this page of 
this book? — A. Well, that was during the time of the sitting of the board 
of county canvassers. 

Q. Were those particular figures put upon thnt 'particular book which you 
have just read from before or after the ballot box was produced before the 
board of county canvassers of Calhoun County the second time? 

]Nfr. Maynapd. That is objected to as incompetent and immaterial. 

The Witness. After. 

Q. These figures on this book to which your attention has been called and 
trom which you have just read were put on that book and taken from the figures 
that are in red ink in Exhibit 43. the statement book of the general election 
held in the second precinct, second ward. Battle Creek, County of Calhoun, were 
they not? — A, They were. 

Q. They were taken — the figures you have just read, from this record of 
elections on page 132 — were taken from the figures which were placed on Exhibit 
43, })fter your board of canvassers convened, were they not? — A. Well, yirhat 
do you mean after the board of canvassers convened? 

Q. After they convened? — A. Yes, sir; it was between the 12th of November 
and the time they adjourned. 

Q. If you had a canvass of the vote for John M. C. Smith for Representative 
in Congress as that vote wns registered and recorded in the statement of votes 
In the book entitled " Statement Book of the General Election held November 
5. 1912," Exhibit 43, there would have appeared upon this record of elec- 
tion, page 132, under the name of John M. C. Smith, the figures " three " " one," 
or 31, in place of the figures 97. 

Mr. Fellows, We object to that as calling for the conclusion of the witness. 

The Witness. Yes, sir. 

Q. If you had canvassed the vote opiiosite the name of Claude S. Carney, as 
contained In the statement book of the general election held November 5, 1912, 
opposite the name of Claude S. Carney, as the figures were In that last-named 
exhil)it nt the time thnt this I^ithiblt 43 came into the hnnds of the board of 
county canvassers, there would have appeared on this book, record of elections, 
page 132, under the name of Claude S. Carney for this particular precinct in 
question, the figures " two " " three," or ^, in place of the figures 61, which 
are now shown to be under the name of Claude S. Carney for that i^artlcular 
precinct, in your canvass of the votes? 

Mr. Fellows. We object to that as calling for a conclusion and that the 
record is the best evidence. 

The Witness. Yes, sir. 



OABNEY VB. SMITH. 148 

Q. So when you made your canvass of the votes cast for John M. C. Smith 
as Represent!' tive in Congress and for Clnode S. (^arney. Representative in 
I'ongress, you did not canvass that vote for those two candidates on the returns 
as they were contnined in Exhibit 43, when that exhibit first came into the 
hands of your board of county canvassers, did you? — A. No, sir. 

Q. The canvass you made then finally for those two candidates for the ofllce 
of Representative in l^mfrreps was made upon flfnires which your board of 
county canvassers caused to be made in this return of this election board of 
this particular precinct, and made rfter that return was made and filed with 
the county clerk of Calhoun County? — A. Yes, sir. 

Q. The canvass of that vote for the otflce of Representative in Congress, as 
far as this second precinct In the second ward of the city of Bat le Creek is 
wncemed, was made, was It not, upon figures that you found upon some rolls 
of ballots or papers that were taken from the ballot box of th:)t election pre- 
cinct when that ballot box was before and was opened in the presence of the 
board of county canvassers at that meeting mentioned? — A. No: I think not 

Q. What were those figures made from — your final figures? — A. Why. the 
board settled upon those figures after 'he second calling of the election board 
to Marshall, and those figures were found upon a blotter that was In the box ; 
that was made by one of the election clerks. 

Q. That blot er was no part of any of the returns or any of the records, as 
far as you know, that the statute of the State of Michigan required the election 
board to make out and put in the ballo* box? — ^A. No, sir. 

Q. It was not, was it? — ^A. It was not. 

Q. It was not signed by anybody? — A. No, sir. 

Q. Was there any statement book, tally-sheet book, or ik>11 book in that 
ballot box that you found, or your board found, at either of the times when 
this ballot box was opened and the ballots taken ou' In the presence of the board 
of county canvassers? — ^A. I think there was nothing found that would lead UB 
to any result. 

Q. No; that is not the question. — ^A. There was no statement book; the 
board 

Mr. Fellows. I object to counsel interrupting the witness before he has com- 
pleted his answer. 

Q. The question Is specific as to whether or not any one of ♦heae three named 
books that I mentioned in this question were found in the ballot box at either 
of those meetings when the ballot box was before your board of coun'y can- 
vassers, the statement book, tally-sheet book or the poll book, either or any of 
them. In the ballot box at those *imes? — A. I don't think there was, and still 
there might have been a tally sheet, but I do not think there was: there was 
no statement book; that I am positive about. I didn't see any book there, any 
regular book, that we could acquire any figures from to base our figures on 
aside from the blotter. 

Q. Describe this blotter. — ^A. It was a little piece of paper, perhaps 10 Inches 
square; one of the election commissioners said he made It while they were count- 
ing the ballots, and he thought there would be Republican, 50 straights and 31 
splits, and the Democrat, which was next on the ticket, 38 straights and 23 
splits, and so on down through the ticket. 

Q. Was that blotter slened when you found it in the ballot box — did It have 
the signatures of anybody upon It? — A. No, sir. 

Q. In making your canvass of the vote, upon w^hat figures did you make your 
canvass? — A. Upon the figures found on that blotter. 

Q. Then the figures In this sta ement book which are In red Ink opposite the 
name of John M. C. Smith and under the name of Claude S. Carney, Repre- 
sentative In Congress, both figures in red ink opposite Mr. Carney's name, I 
mean, were not made from that blotter? — A. No. sir: they were made from the 
figures tha were on the rolls of ballots taken out of the ballot box. 

Q. And from the figures that you obtained from the rolls of ballots taken out 
of that ballot box and from the figures on that blotter hat was taken out of 
that ballot box by the board in the presence of the board of county canvassers, 
did you or not from those figures determine your canvass of the votes for the 
office of Represen atlve In Congress as cast at that November 5, 1912, election 
in the second precinct of the second ward, Battle Creek, Calhoun County, 
Mich.?--A. We did. 

Q. Now, the figures you read from this record of election, Calhoun County, 
page 132, under the name of John M. C. Smith and under the name of Claude 
S. Carney, opposite the second precinct, second ward. Battle Creek, Mich., 



144 ' CARNEY VS. SMITH. 

namely, 97 under name of John M. C. Smith and 61 under the name of Claude 
S. Carney, were those figures or not the final canvass of the votes for those two 
eandidntes that were cast in that precinct at the general election held November 
5, 1912?— A. They are. 

Mr. Adams. I off'er in evidence this record of elections, so much of page 132 
thereof which shows the vote for John M. 0. Smith and Claude S. Carney, 
respectively, as canvassed by the board of county canvassers of Calhoun County 
of the vote cast in the second precinct of the second ward of the city of Battle 
Creole, Mich., at the general election held on Tuesday, November .5, 1912. I 
offer In evidence Exhibits 40, 41, 42, and 43. 

Mr. Fellows. Is it understood the exhibits offered now are from the county 
clerk's otHce? 

Mr. Adams. Yes; I proved that. 

Q. This record of election which you have referred to, page 132, state whether 
or not that was the final canvass of the board of county canvassers of Calhoun 
County, Mich., of the votes for the candidates for Representatives In Congress 
at this November 5, 1912, election in the second precinct in the second ward 
of Battle Creek. — A, Yes, sir. 

Mr. FEI.LOWB I make the suggestion — I don't know whether any arrangements 
have been made or whether it is understood that these original exhibits are to 
be forw^arded with the testimony when so completed. I make the inquiry so 
we can have a record of it and find out what the understanding of counsel is. 
I assume that these being public records there is some question about taking 
them out of the jurisdiction of the court. That Is the only reason why I make 
the inquiry. 

Mr. Adams. There is some question about that. 

Cross-examination by Mr. Maynard: 

Q. Mr. Schneider, the canvassing board met the 12th day of November lust to 
canvass the votes for all the officers voted for at the election held on November 
5, 1912?— A. Yes, sir. 

Q. When you met you said that the county clerk called your attention to some 
discrepancy in the returns from the second precinct of the second ward of 
Battle Creek?— A. Yes, sir. 

Q. Did you have any other returns there before you besides those that were 
submitted by the county clerk? — A. No, sir. 

Q. Did you receive those directly from the judge of probate? — A. Yes, sir; 
we had some from the judge of probate's office and the county clerk's office. 

Q. Had them both?— A. Yes, sir. 

Q. Did you compare them? — A. Yes, sir. 

Q. You found them to compare with each other? — A. Yes, sir. 

Q. Did they also contain the returns of the vote for President and Vice 
President of each party? — A. Yes, sir. 

Q. Do you know how many parties were named on that ticket in those returns 
for President? — ^A. Six — Republican, Democratic, National Progressive, Prohibi- 
tion. Socialist and Socialist Labor. 

Q. I win ask you to look at Exhibit 42 and see what was the general vote cast 
for the presidential electora 

Mr. Adams. Objected to as irrelevant and immaterial. 

Q. Take the first one.— A. Republican, 96. 

Q. Are there any more for the Republican electors for President? — ^A. Yes, 
sir ; 93. They are all 93 except one, and that is 94. 

Q. How many votes were cast, as shown by that exhibit, for the office of 
Vice President?— A. It Is just the electors, that is all, that voted for the national 
ticket. 

Q. The next Is the Democratic electors for President? — ^A, Yes. sir. 

Q. How many votes were cast for the Democrats? — A. The first one 
received 67. 

Q. Any more? — A. The balance of the 15 are 56. 

Mr. ^Vdams. I object to that as Irrelevant and immaterial and move to strike 

it out. 
Q. State the next one. — A. The next officer on the ticket is the Prohibition 

electors, 4. 

Q. The next ticket? 

Mr. Adams. Objected to as irrelevant. 

A. Socialist, 108. 

Q. The next ticket? 



OABNET VS. SMITH. 145 

Mr. Adams. Objected to as irrelevant and immaterial. 

A. Socialist Labor, 18. 

Q. The next is the National Progressive Sectors? 

Mr. Adams. Objected to as irrelevant and immaterial. 

A. The National Progressive electors 91 all through; every man gets 91. 

Q. What is the next? — A. Governor. 

Q. How many? 

Mr. Adams. Objected to as irrelevant and immaterial. 

A. The original returns showed 31. 

Q. Does thsit agree with the returns that were given originally for John M. C. 
Smith? 

Mr. Adams. Objected to ns incompetent and immaterial, not the best evi- 
dence, and calling for the conclusion of the witness. 

A. Yes, sir. 

Q. The next officer? 

Mr. Adams. The same objection. 

A. Ferria 

Q. What was his vote? — ^A. Thirty-two. 

Q. As originally returned? — A. As originally returned. 

Q. (Jive the vote of the next officer as originally returned. — A. J. B. Ij^- 
land, 4. 

Q. On what ticket? 

Mr. Adams. In accordance with the original returns of what? 

Witness. Of course these figures were made later. These figures were made 
later; in the original returns that was blank. 

Q. In any of these where there was no split tickets it is blank? 

Mr. Adams. How does he know there were no split tickets? I object to It. 

Mr. Maynard. I will withdraw that question now. 

Q. Give them to us right along down. — A. The Socialist ticket, 20. 

Q. What is the next? 

Mr. Adams. The same objection. 

A. The National Progressive ticket, 27. 

Q. Go on. 

Mr. Adams. If it may be understood that I have the same objection to all 
this without making specific objections, on the ground that it is irrelevant and 
inunaterial, if you will concede that he may go on. 

Mr. Maynard. All right. 

A. Socialist Lal)or, 4; Republican lieutenant governor, 34; Democrat. 19; 
Socialist, 22; National Progressive, 34; Socialist Labor. 4. Secretary of state: 
Republican, 33; Democrat, 16; Socialist, 22; Socialist Labor, 4; National Pro- 
gressive, 3S. State treasurer: Republican, 35; Democrat, 19; Prohibition, 0; 
Socialist. 22; Socialist Labor, 3; National Progressive, 33. Auditor general: 
Republican, 35; Democrat, 18; Prohibition, 0; Socialist, 22; Socialist Labor, 4; 
National Progressive, 34. Attorney general: Republican, 35; Democrat, 18; 
Prohibition. 0; Socialist, 22; Socialist I^bor, 4; National Progiessive, 34. Com- 
missioner of the State land office: Republican, 35; Democrat, IS; Prohibition, 
0; Socialist. 23; Socialist Labor, 3; National Progressive, 34. Justices of the 
supreme court: Republican, 36; Demwrat, 18; Prohibition, 0; Socialist, 22; 
National Progressive, 35. 

Justices of the supreme court, term ending Dt^ccmber 31, IJHT: Republican, 
35; Democrat, 19; National Progressive, 35. Representatives in Congress at 
large: Republican, 36; Democrat, 19; Prohibition, 0; Socialist, 22; National 
Progressive, 30. Representative in Congress: Rei)ublican, 31; Democrat, 23; 
Socialist, 21; National Progressive, 22. State senator: Republican, 36; Demo- 
crat, 20; Socialist, 22; National Progressive, 31. Representative in State leg- 
islature: Republican, 26; Democrat, 31; Socialist, 10; National Progressive, 34. 
Judge of probate: Republican, 3,'>; Democrat, 33; National Progressive, 21. 
Sheriff: Republican. 80; Democrat, 11; Socialist, 10; National Progi-esslve, 13. 
County clerk: Republican, 34; Democrat, 30; S<x?iallst, 21; National Progres- 
sive, 22. County treasurer: Republican, 41; Democrat, 18; Socialist, 20: 
National Progressive. 31. Register of deeds: Republican, 42; Democrat, 10: 
Socialist, 25: National Progressive, 24. Prosecuting attorney: Republican, 54; 
Democrat, 32: National Progrej-slve. 19. Circuit court commissioners: Repub- 
lican, 41 and 3f>: Democrat, 19 and 18; Socialli-t, 22 and 22; National Progres- 
sive, 31 and 30. Coroners: Republican, 40 and 41; Demotn-at, 18 and IS; 
Socialist, 22 and 22; National Progressive, 31 and 31. County surveyor: Repub- 

28t)~13 10 



146 CARNEY VS. SMITH. 

Mean, 89; Democrat, 20; Socialist, 22; National Progressive. 32. Drain com- 
missioner: ReiHil)lican. 40; Democrat, 20; Socialisr, 22: National Progres- 
sive, 29. 

Mr. .Adams. Tills is all under my objection. 

Mr. Maynard. Yos, air. 

Q. The i-ounty cleric, when he laid before yon this statement, called yonr 
• ttontiim to the fnct that there was a discrepancy in the total vote given for 
all of these oflloers. from the govenior down, throughout the State, congres- 
sional, legislative, and county tickets? — A. Yes, sir. 

Q. I show you Exhibit 41 and ask you what the total number of votes 
are shown to be cast by the ik)11 book? — A. Three hundred and seventy-five. 

Q. Take the tally-sheet book and conmience at the top of page 7 — the office 
of governor — when you got the election board to come in here how many votes 
did they determine were straight votes cast for that office? 

Mr. Adams. I ol^Ject to that as lncomi)etent, irrelevant, and Immaterial for 
the office of governor. 

The Witness. Why. they reiK)rted 115 votes cast — 114 votes. 

Q. The total vote for govenior? 

Mr. Adams. I object to that as incomi)etent, irrelevant, and immaterial and 
bear say. 

The Witness. I don't know as they reported any. 

Q. After they corrected It? — A. Did you ask me when the books come here? 

Q. No.— A. They said there was 66 straight Republican votes and 31 splits. 

Q. On that line opposite the name of Mussulman, were the tallies put down 
one at a time, as Is usual In tallying up and in counting votes for any officer? 

Mr. Adams. Objected to as incompetent, irrelevant, and immaterial and 
railing for the conclusion of the witness. 

The Witness. Yes, sir. 

Q. How many of those tallies were opposite the name of Amos Mussul- 
man? — A. Thirty-one. 

Q. Just 31 tallies?— A. Y>s, sir. 

Q. In blocks of five? — A. Y'es, sir. 

Q. They made four straight marks and one mark across the four? — ^A. 
Yes. sir. 

Q. Making five votes? — ^A. Yes, sir. 

Q. Counting those there were just thirty-one? — A. Yes, sir. 

Q. That agrees with what they had him, 31 split votes? — ^A. Yes, sir. 

Q. Now, take the name of Ferris, how many split votes were tallied to him? — 
Thirty-two tallied to him. 

Q. Is that carried out as the total split votes? — A. Yes, sir. 

Q. Then those tallies are correct for the split votes? — A. Yes, sir. 

Q. It was when It cinie to you? — A. Yes. sir; it was also in the column of 
the total totes received. This Is the column here of total votes rec^eivetl. This 
Is the column here of total split votes and here is the total votes received. 

Q. They agree? — A. They agree. 

Q. I want it so it agrees with these tallies. — A. You will not find any mark 
Sn that statement: this is the final result as written out. 

Q. When the county clerk called your attention to this discrepancy on 
t\'ery officer after you commenced from the governor down, did you make up 
your mind there had been a mistake, did your board conclude there had been 
a mistake in the returns? 

y^Y. Adams. I oblect to that as lncomi>etent. irrelevant, and immaterial and 
falling for the conclusion of the witness as to what the countj- clerk did and 
the ccmclnsion of the board of county canvassers in that regard is of no 
consequence. Legally it was the day of the board of county canvassers to 
panvass the vote under the circumstances In this case, according to the returns 
as originally made by the election board making the returns. There was no 
authority in the board of county canvassers to call the election board befori 
the board of county canvassers and have the ballot box opened or in any 
way to correct or change the figures from what they were when the returns 
first came before Uie board of county canvassers. 

(Last question read.) 

A. Yes, sir; we did conclude there was something wrong. 

Q. Did you then notify the election board from the second precinct, second 
ward. Battle Creek, to appear before you and correct the returns?— A. We did. 

Q. Who came before your board?— A. Two members of the election board. 



CABNEY VS. SMITH. 147 

Q. Do you remember who they were? — ^A. I think one was Mr. Christian 
and the other was Mr^ Allen or Mr. Wilson; Christian and Wilson. There 
WHS but one Christian came the first time; there were two Christians on the 
board ; they were both Republicans — they were all Republicana 

Q. When they came here you say they opened under your direction and orders 
the ballot box? — ^A, Yes, sir. 

Q. Did you find in this ballot box a lot of unused ballots? — A. Yes, sir. 

Q. Did you find some ballots in there that were called instruction ballots? — 
A. Yes, sir. 

Q. Quite a good many lepers in the box besides the votes that were rolled 
up? — ^A. Yes, sir. 

Q. Now. when you found these votes rolled up, were they tied with a string? — 
A. I think so. 

Q. Did anyone of you, or was It done there at all by anyone, untying those 
bundles or attempting to separate those ballots? — A. No, sir. 

Q. You stated that you found some figures on the outside of the rolls, 
"I>— 66" or " R — 66"- j'ud so on. I think they asked you what those referred 
to. Was there any explanation on behalf of the election board what that 
meant? 

Mr. Adams. I object to that as iueonu)eteut, irrelevant, and immaterial, and 
hearsj'y. 

A. Yes, sir; they said that the ones that were " R " were Republican and the 
ones that were '* D " were DeraocnUlc. and the ones marked *' C " Socialist, and 
"0. L." Socialist Labor, and " N. P." National Progressive. 

Q. At that time did they amend their returns to comply with those figures 
that were found on the outside of those ballots? 

Mr. Adams. I object to that as incompetent, irrelevant, and immaterial. 

A. Yes. sir. 

Q. Was there one of the rolls marked " R straight "? 

Mr. Adams. Objected to as incompetent. Irrelevant, and immaterial. 

Q. One of the rolls or bundles? — A. Well, sir, I don't know whether I gjive 
that on my direct examination or not; my im«presftion is that that is the way 
it was marked, but I will not swear positively. 

Q. "Republican straight, 66?"— A. Sixty-six R, and so on, etc. 

Q. And the Democrats, how many of those were straights? 

Mr. Adams. I move to strike out the L*^st answer for the reason that it is not 
the best evidence; and I move to strike out the other answer as to what any- 
thing in that ballot box shows, as far as any figures were written are con- 
cerned, as not the best evidence and the conclusion of the witness, together with 
the other objection that I have already made as incompetent, irrelevant, and 
Immaterial. 

Q. Of the Democrats, how many votes were straights? Will you look at the 
book you hold In your hand marked with red Ink and see how many votes are 
credited as straight votes for the oflSce of Republican governor? 

Mr. Adams. What do you menn, as the record came to the board? 

Mr. Maynard. No, sir; it appears that these red-ink figures were put on at 
their second meeting; I am calling attention to the red figures. 

^Ir. Adams. I object to It as incompetent, irrelevant, and immaterial. 

(I^st question read.) 

A. Well, there is nothing here that Is marked. 

Q. Can you tell from that book how many was creilitetl? — A. There is nothing 
marked " Straight " or " Split " here; we found 66. 

Q. How many were actually straight? — A. Thirty -eight. 

Q. How many for the next oflice? — A. Four for the Prohibitionists; 85 for 
the Socialists; 48 for the National Progressives; and 13 for the Socialist Labor. 

Q. When you got these red figures added there to the record I understand 
you that these red figures were made the first day and later you brought the 
ballot box here? — A. Yes, sir. 

Mr. Adams. What book are you reading from? 

A. From Exhibit 48. 

Q. Will you compare the total vote given for governor with the total vote 
given for the presidential electors? 

Mr. Adams. I object to that as incompetent, irrelevant, and immaterial ; the 
comparison will show for itself. 

Mr. Maynard. 1"ou stated this book was not going down there. 

Mr. Adams. The figures when once in it is a matter that anybody can tell. 

Mr. Fellows. The objections are made, but not ruled on now. 



148 CARNEY VS. SMITH. 

The Witness. I can give you the figures if you will permit all right here. 

Q. How many were given for govenior? — A. Three hundred and sixty-eight. 

Q. How many to the Republican governor? — ^A. Ninety-seven. 

Q. How many were given for the presidential electors? 
' Mr. Adams. I object to it «s incompetent, irrelevant, and immaterial. 

A. For the Republican presidential electors, 96 is the largest numt>er. 

Q. How many for the Democrat? 

Mr. Adams. The same obJe(:tion. 

A. The Democrat, the largest number was 57. 

Q. The total on Democratic governor is how much? — ^A. Seventy. 

Mr. Adams. If this 8j»me objection as iiicompeteut. irrelevant, and Immaterial 
to this comparisuju he is going to make can go all the way through without 
objecting specifically to every question, I will not make the specific objections. 

Mr. Maynard. It is still conceded that may be. 

Witness. The Prohibition elect<u's received 4; the Socialist the largest 
number of votes for any one of the electors was KKS; for its governor 105. 
The largest number of votes cast for the Socialist Labor was 18. 

Q. I will ask you now whether that recnird does not show there no splits cast 
for the Prohibition candidate for governor? — A. No. sir. 

Q. And none for the Prohibition candidate for President. He just had 4 
straight votes? — ^A. Had 4 votes. 

Q. So where are j'ou reading from there are no splits? — ^A. This shows that 
the votes were Inserted, these re<l figures In here; they should not show 
"Straights" and "Splits." but we wrote the "Straights" and "Splits" in this 
book; the number of Mussulman*s should be written out, the same as there, 
thirty-one, total, 31. That should have been the way that book %vas returned to 
us, the figures written In there and the final figures out in the total column. 

Q. That Is the statement book you are referring to? — A. Yes, sir. 

Mr. Fellows : 

Q. What I want to get at is what was the total vote for governor after you 
made the correction; how does that compare with the 375 votes cast as appears 
by the i)()ll book? — A. After being corrected, it was 358. 

Q. And the total number of votes cast, as appears by the ik)11 book, was 375 'r — 
A. Yes, sir; for governor, 368; for lieutenant governor, 367; for secretary of 
state, 3(57; for State treasurer. 308; for auditor general, 367; for attorney 
^neral, 367 ; for commissioner of the State land ofl^ice, 367. 

Q. Take that last vote you are looking at and see about the split votes and the 
total. — A. The attorney general — we gave him 113 splits and 254 straights, mak- 
ing a total of 367. 

Q. The right-hand column gives the splits? — A. The right-hand column here 
gives the figures as received by us originally. 

Q. That is, the split tickets?— A. Yes, sir. 

Q. The next column is the straights? — A. Yes, sir. 

Q. And the left-hand column is the total? — A. Yes, sir. Justices of the 
supreme court, one, 353, and the other, 241; Representative in Congress at 
large, 348; Representative in Congress, 344; State senator, 346; representative 
in the State legislature, 347; judge of probate, 278; sheriff. 351; county clerk, 
350; county treasurer, 347; register of deeds, 347; prosecuting attorney, 255: 
circuit court conmilssl oners, (596; coroners, (>97; county surveyor, 350; drain 
commissioner, 348. 

Q. When those returns were brought and were delivered to you In the first 
place, they just contained the right-hand column, which is written in black 
ink?— A. Yes, sir. 

Q. And I hose were the totals? — A. Yes, sir. 

Q. No, take the governor, and state how much was allowed to each officer 
for each otfice before they wei*e corrected. — A. Governor, 114; lieutenant gov- 
ernor, 113; secretary of state, 113; State treasurer. 112; auditor general, 113; 
attorney general. 113; commissioner of the State land ofliice, 113; justices of the 
supreme court. Ill, and the other, 89; Representative In Congress at large, 107; 
Representative in Congress, 107; State senator, 109; representative in the State 
legislature, 110; Judge of probate, 80; sheriff, 114; county clerk, 113; county 
treasurer. 110; register of deeds. 110; prosecuthig attorney, 103; circuit court 
commissioners, 222; coroners, 223; county surveyor, 113; drain commis- 
sioner, 111. 

Q. These totals you have just read were all that were given any of these 
candidates for auj* of these offices you have just mentioned by the original 
returns? — A. Yes, sir. 



CARNEY VS. SMITH. 149 

Q. Wben tills election board came before you, did your board of county can- 
vassers try in any way to dictate or compel the election board to make any 
particular return on nny office? — A. No, sir. 

Q. Mr. Schneider, when the a*^tentlon of your board was first called to this 
jrreat discrepancy in the votes, was there anything said by anyone respecting 
the office of Congressman at all? — A. No; I don't think so. 

Q. It was simply a discussion as to all of these offices being deprived of some 
votes that the board thought should be counted for them?— A. Well, the dis- 
crepancy was all the way through. 

Q. Will yon turn to the office of Ck>ngres8man of this district, to the name 
of John M. C. Smith, also the name of Claude S. Carney, and see In the right- 
hand column how many votes were credited to John M. C. Smith as tjie split 
votes? — A. Thirty-one. 

Q. Will you look at the tally sheet of that precinct, opposite his name In 
Exhibit 42, and see if there are any tallies opposite his name, and if so, how 
many tallies?— A. Thirty-oner I think perhaps I had better rectify my answer 
of a moment ago ; of course the board was informed that the office of Congress- 
man was the only office that could not apply for a recount of these ballots, ond 
they were interested in having theae returns corrected, so that after the can- 
vassing board had completed is report if any other candidate for State or 
t-ounty questioned the result of the election they could petition for a recount of 
this particular precinct, but that ^he office of Congressman wag deprived of 
that right; therefore, unless we could make the correction at that time, they 
would have to stand as ^he canvassing board reported. 

Q. Your efforts were only to obtain the correct statement of the votes In that 

precinct? 
Mr. Adams. Objected to as incompetent, irrelevant, and Immaterial. 

A. ITes sir. 

Q. The first time the board got together after you got through, you stated 
the box was sealed and put back into possessslon of the board? — A. Yes, sir. 

Q. As far as yon know they took them back to Battle Creek with them?— A. I 
know nothing to the contrary. 

Q. Who was it that Informed you that the congressional candidates could 
not apply for a recount?— A. It was the general talk among the people; I am 

not sure who. „ . , ,« 

Q. Did Mr. Carney tell you that when he came here to see you?— A. I will not 
ray whether he did or not ; we originally go^ that impression— well, now. If I 
were to say who it was I would say Mr. Davis told us that. 

Q. At what time?— A. Oh, before we called any of the boards here. 

Q. Was he here before you called the board? — A. Yes. sir. 

Q. When they came here you directed them to open the ballot box; you say 
thev didn't open any of the ballots, however?— A. They did not. 

Q. But you took them out and found certain figures on them?— A. Yes, sir. 

Q. And from those figures they corrected their return and put this amended 
return in red figures here?— A. Yes, sir. « » «. , 

Q. They made a statement at the time to amend the return?— A. Yes, sir. 

Q. Is that In that book?— A. These red figures here. 

Q. Did they make a statement at the back part of the book?— A. Yes, sir. 

Q. Read that into the record. 

Mr. Adams. I object to it as incompetent. Irrelevant, and immaterial. 

A. (Reading:) 
"State op Michigan, County of Calhoun, 88 : 

"We do hereby certify that, at the direction of tlie board of county canvass- 
ers, we, the inspectors, do hereby make an amwided return, the red-ink figures 
indicating the changes made to correct the returns. 

" In witness whereof we have hereunto set our hands at the city of Marshall, 

this 13th day of November, 1912. 

" W. D. Wilson, 

" Harry Christian, 

" Inspectors.'' 

Q. The next day after that Mr. Carney appeared before your board?— A. Yes, 
sir. ^ ._ 

Q. And objected to your means of information that led you to change those 

flgurefl?— A. Yes, sir, 

Q. And on the request of John M. C. Smith, or some one acting in his 
behalf, th«i you required the board to come here again?— A. Yes, sir. 



150 CARNEY VS. SMITH. 

Q. Did tht»y then open the box before your board? — A. Yes, sir. 

Q. I<*or the purpose of ascertaining if there was anything in that box whereby 
they could make any different return or correct it in any way? — ^A. Yes, sir. 

Q. And you say that one of the ln8i)ector8 who was then present found a 
blotter or piece of pni^er upon which he claimed to have marlted the votes as he 
tallied them?^ — A. Yes, sir. 

Q. He produced that? — A. Yes, sir. 

Mr. Adams. I move to strike out what the inspector claimed about the figures 
on the blotter as incompetent, irrelevant, immaterial, and hearsay. 

Q. The box wns sealed when it arrived here at that time? — ^A. Yes, sir; the 
second time. 

Q. They oi)ened the box the same as before? — ^A. Yes, sir. 

Q. Now, from that blotter did they obtain information that led them to make 
the second certificate in that book? — A. Yes, sir. 

Mr. Adams. I ol)ject to that as lnc<)mi>etent, irrelevant, immaterial, and move 
to strike It out. 

Q. What exhibit is that in?— A. I think that is in the statement you have 
there — it is in that statement book — in the book that Judge Adams has: the 
statement is here, the correct figures are in that book. 

Q. Read them. 

Mr. Adams. I object to it as incompetent, irrelevant, and immaterial. 

A. (Reading:) 

" State of Michigan, County of Calhoun, as: 

"amknded cebtificatk. 

"We, the board of election inspectors of the second precinct, second ward, 
do hereby certify that, at the request of the board of county canvassers, we 
do hereby certify that the figures inserted in red ink are the correct figures 
made by this board of election Inspectors, and that the left-hand column of red 
figures indicate the total vote receiveil by each candidate. In accordance with the 
corrected returns. 

" In witness where<»f we have hereunto set our hands at the dty of Marshall, 
the 10th day of November, 1012. 

** Harby Chribtiaw , 
F. C. Christian, 
W. C. Wilson, 
'* Inspectors of the Second Precinct, Second Ward.'* 

Q. Were the three insi^ectors here present? — A. I'es, sir. 

Q. Which one of the inspectors was it that claimed that be made the figures 
on the blotter at the time of the election? — A. I couldn't say for that. 

Q. Was one of the members that was there a bank officer, a banker, or a clerk 
in the bank? — A. One was a clerk in the bank. 

Q. Do you know which one that was? — ^A. I think it was one of the Chris- 
tian boys. 

Q. On information have you learned that Fred C. Christian was connected 
with the bank in Battle Creek? — ^A. Yes, sir; he told me at that time he was. 

Q. Now, was it Fred C. Christian, to the best of your recollection, who 
claimed he made those figures at the time of the election upon the blotter? — ^A. 
That I couldn't answer. 

Mr. Adams. I object to that as incompetent. Irrelevant and hearsjiy. 

Q. When they made this last amended return do you remember that they 
made any dlsc-overy or any difference in their figures from what they did on 
the second occasion? 

Mr. Adams. I object to that as incompetent, irrelevant, immaterial and call- 
ing for the conchipion of the witness. 

Q. Whether they found out they made a mistake the second time? — ^A. No. 
sir; the second time they were called, their figures agreed with those they made 
the first time. 

Q. Is it not true that when they made the second return also that they did 
not comiMire until they got through, went right on and made them independ- 
ently of the first figures they made?— A. Why, I think they did. 

Q. And when they got through they agreed wltli the figures they had made 
the first time? 

Mr. Adams. I object to that as incompetent, irrelevant, immaterial, and 
calling for the conclusion of the witness. 

A. I think they did. 



44 



GABNEY VS. SMITH. 151 

Q. There was no one made a petition for a recount from that precinct was 
there, at any time? — ^A. No, sir. 

Q. And the ballots were not recounted at .the time? — A. No, sir. 

Q. Was there a demand before your board to recount the ballots? — A. No., 
sir. 

Q. Did Mr. Carney at the time he was here ask for a recount of the ballots?^ 
A. No, sir. 

Q. To see whether the corrected returns had been made or not? — A. No, sir. 

Q. When the board met the second time, was it not made a rule by your board 
that yon would not permit any outsider to say a word or make any ar^> 
m^it before the board that influenced this corrected return at all? 

Mr. Adams. Objected to ns irrelevant and immaterial. 

A. Well, I guess I will say no. I wish to make a little explanation there 
When the matter first came up we called in some counsel and the board was 
satisfied that we did not get as good counsel as we ought to have got. and I 
think I made the remark when I was a little bit irritated over what wa« 
(»eing done and the delays that were made, that when we wanted some advice 
we would try and find someone that knew more about it than we did. 

Q. No argument was made at the last time? — ^A. No, sir. 

Q. Was it not because the board indicated that they did not want to hear 
from outsiders while this was in progress? — A. Yes, sir; I think I made the 
remark at the time they came in that we would not exi>ect any interruption 
from outsiders. 

Q. When you made up this final return, what did you make that from, 
from the amended return given to you by the election board? — A. Yes, sir; 
the correct returns. 

Q. When they corrected those returns, they returned them to you and yon 
made up your canvass from that amended return? — A. Yes, sir. 

Q. What time did the board of county canvassers adjourn? — A. On the 21st 
day of November. 

Q. After refreshing your recollection from the last return of this election 
hoard, are you able to state that on the right hand side, the figures on each 
page contain the split votes and the next column to the left the straight votes. 
and the column to the right the figures contained the total votes given for each 
office given in Exhibit 43?— A. I am satisfied that is a fact. 

Q. The return s ys the left-hand side figures contain the totnl? — A. The right 
liand should contain the total; the statement is that the left-hnnd side contains 
the total. 

Mr. Adams. I object to the statement on the ground that if the certificate is 
of any value whatever, shows for itself what the different claims are. 

Q. Does it not say that the left-hand coUnnn figures contains the total vote? — 
A. Yes, sir; the right in here. 

Q. After the last day that the boxes were here before you were the boxes 
s&ealed and turned back to the office of the election lK>ard of the second precinct 
of the second ward of Battle Creek? — A. Yes, sir. 

Q. And all these Imllots were returned with the ballot Iwxes? — A. Yes, sir. 

Q. And it was sealed in your presence? — A. Yes. sir; I think so. I rather 
think the city clerk sealed it or I did. 

Q. Anyway, you sew it done? — ^A. Yes, sir. 

Q. You are a Democrat In politics? — A. Yes, sir; our lM)anl of county can- 
vassers consisted of two Republicans and one Democrat. 

Q. You were the chairman of the board? — A. Yes, sir. 

Q. How was the chairman elected? — A. By the board Itself; the l)oard elected 
its own chairman. 

Q. The other two Republicans voted for you to be chairman? — A. Yes. sir. 

Q. What do you s:iy the total vote for T>evant I.. Rogers was. the Socialist 
candidate for Congress from this district; of this prec»inct. I mean? — A. The 
stniight vote was 85, and 21 si>llts. 

Q. For Dingley? — ^A. Forty-eight straights and 32 si)llts, making a total of 
150 In the first case and 80 in the second. 

Redirect examination by Mr. Adams: 

Q. Now, Mr. Schneider, under the head — reading from Exlilblt 4.'^ — of Iiei>- 
resentatlve in Congress there will you start in and read all there is in that 
paragraph on page 7 of Exhibit 43, Just as it appears in that exhibit, showing 
what is in red figures and what Is In black; read It just as It Is? — ^A. (Iteadlng.) 
** Whole number of votes given for the office of Rei>reHentatlve In Congress was 



152 CARNEY VS. SMITH. 

one huu<Ii'ed iind seven. Tliey were iirlven for the follovviug-uaiiied i>er8ons: 
(\aHllflnte8' iiHiueH. Votes received to be written out in words at length. John 
M. C. Smitli (under the head of candidates' names) under the head of votes 
received to be written out in words at length the written words are thirty-one, 
opiM)i-'ite John M. C Sniitli's name. The red figures are 97—^. The figure In 
tlie final column written in blacic ' put figures in this column ' 31. 

" I'nder the Ijead. * Candidates' names,' Claude S. Carney. Under the head 
* Vote re<*eived. to be written out in words at length,' twenty three. The figures 
in retl ink are 01—38, (in black ink) 23. 

" Under the head of * Candidates' names,' Levant L. Rogers. Under the head. 
' Votes received,' to be written out in words at length, twenty-one. Red 
tigures, 10(> — So (red figures). Black figures, 21. 

"Under tlie hend of 'Candidates' names,' Kdwln X. Diugley. Under the he-ad 
of • Votes received,' to be written out in words at length, thirty-two. Red figures, 
SO— 4S (re<l figures). Rlack figures, 32. Red figures. 344, total vote. Black 
figures, 107." 

Q. You wii<l you found some unuscl ballots in this ballot box in question 
that were tied up in a luuidleV — A. 1 couldn't answer; I don't know. I have 
forgotten; I don't think so. I think they were laying on the bottom or top 
of the ballot box. I think they were the first thing we took off. There were 
some unused ballots and some instruction ballots in different colc»rs. 

Q. I wish you would turn to page 16 of Exhibit "43" now In your baud and 
read the certificate on that imge which is partly printed and partly written in 
black ink. — A. (Reading) — 

'• State of Michigan, County of Calhoun, 88 : 

*■ We do hereby certify that the foregoing is a correct statement of the votes 
given in the second precinct of the second ward of Battle Creek, County of Cal- 
houn, State of Michigan, at the general election held on Tuesday, the 5th day 
of Novenjber. A. I). 11)12. 

** In witness whereof we have hereunto set our hands at the of in said 

county and State this 5th day of November. A. D. 1912. 

*• F. C. Christian, 
"Harry Christian. 
" W. D. Wilson. 
** Innpectors of Election^''' 

Q. I understood you to say on cross-examination that one of the members 
of this particular board of Infli)ectors you have been testifying about in this 
particular precinct claimed that he had made the figures that were on that 
blotter you found In that ballot box? — ^A. Yes, sir. 

Q. Did he make any mich a claim as that before the board? — A. Yes, sir. 

Q. That he had made those figures on that blotter? — A. Y'es, sir. 

Q. That blotter, however, was not signed by the board of inspectors?— 
A. No, sir. 

Q. Nor by any inspector? — A. No, 8»r. 

Q. It did not bave the name of any officer of the election boanl uiwn It?— 
A. No, sir. 

Q. Your board of county canvassers you stated convened on what date?— 
A. The 12th day of November, 1912. 

Q. I call your attention to page 132 of the book ** Record of Elections, Cal- 
houn County *' and ask you whether thnt is not the page of this record which 
contained your final canvass of the vote on Representative in Congress, as cast 
at the election held on Tuesday, the 5th day of November. 1012?— A. Yes, sir. 

Q. I ask you to read from this page 132 the certificate that is therein con- 
tained.— A. (Reading) — 

" State of Michigan, County of Calhoun, hs: 

" We do hereby certify that the foregoing is a correct statement of the votes 
given in the several townships and wards of the said county of Calhoun, in 
said State of Michigan, for Representative in Congress and State senator at the 
general election held in said county of Calhoun on Tuesday, the 5th day of 
November, in the year 1912. 
"Dated Marshall, the 21st day of November. 1912. 

*• George W. Schneider, 
** Chairman of the Board of County Canvassers. 

" Ray E. Hart. 
" Secretary of said Board of County Canxiassers" 



CARNEY VS. SMITH. 158 

Q. That certificate, so far as the vote on Representative in Conffress is con- 
m-neil, so far as tliis second precinct in the second ward of Battle Creek is 
concerned. \vj!s made, and your canvass was made upon those returns ns they 
were contained in the^e red figures that you have referred to — in these exhibits 
th;>r you have referre<l to, isn't that soV — ^A. Yes. sir. 

Q. And that certificate and the figures contained in your canvass to which 
that certificate you jus*- read applies was not made upon the returns of the 
election board which came Into the hands of your board of county canvassers 
in the first instance? — ^A. Not as they were originally received ; no, sir. 

Cross-examination by Mr. Matnabd: 

Q. They were made up from the returns of that board as they amended 
them? — A. As they were corrected. 

Q. They corrected them and amended them and turned them over to you In 
th:»t condition as they are now shown? — ^A. Yes, sir. 

Q. And you made your canvass from that? — ^A. Yes, sir. 

Q. You are acquainted with Ray B, Hart, formerly county clerk? — A. Yes, 
sir. 

Q. He was not a candidate for reelection for county clerk, was he? 

Mr. Adams. Objected to as Incompetent, irrelevant, and immaterial and not 
the bes' evidence. 

A. No. sir. 

Q Or for any ofilce at this last election? 

Mr. ADA1I8. Objected to as incompetent, irrelevant and immaterial and not 
the best evidence. 

A. No, sir. 



Mabch 8, 1918. 

Mr. Fellows. We understand that the township of Climax is the only town- 
ship involved in the Kalamazoo County vote. We unders'and that the town- 
ship board of Climax is here, and that the ballot box of the township of 
Climax is here. I understand that the box is here, and that the township 
board of the township of Climax Is here. Mr. Smith does not desire to have 
coTinted for him any ballots that he is not legally entitled to, and does not 
desire that any votes Mr. Carney is entitled to shall be taken away from him. 
Inasmuch as the ballot box is here and the board is here, we will consent to 
the opening of the ballot box and a recount of the votes. This may save con- 
Blderable time. 

Mr. Fraitkhauseb. T^et the record show that this board has been subpoenied 
by the contestant and the box brought in by the witnesses. 

Mr. Adams. It is stipula*ed that by the consent of both parties to this con- 
troversy that the board, having the ballot box here before the commissioner, 
may open the same, and that the votes therein contained may be coun'ed 
and what the ballots show may be placed upon the record for the consideratlcm 
of Congress or the Committee on Elections in this controversy. Upon this par- 
ticular office the question is to be made and the vote counted in so far only as 
the ballots relate to the office of Representative In Congress. 

Mr. Frankhafskb. I think that Is all right. 

(Whereupon A. L. Curtis, George Eberstoin, Judson Pierce, and Hubert Bl- 
well. members of the Climax election board, af'er being duly sworn to make a 
tme and correct recount of the ballots, opened the ballot box and proceeded to 
make a recount of the same.) 

HUBERT ELWETiL, being sworn to testify to the truth, the whole truth, and 
nothing but the truth, testified on behalf of the contestant as follows : 

Direct examination by Mr. Adams : 

Q. You live in Climax, Kalamazoo County? — A. Yes, sir. 

Q. You are supervisor of Climax township in this county of Kalamazoo? — A. 
Yes. sir. 

Q. Were you such supervisor from the April. 1912, election, and are now and 
were at that time when the Novemt>er 5. 1912, general election was held In 
Kalamazoo County, In the township of Climax? — A. Yes. sir. 

Q. Were you one of the board of election inspectors at that general election 
held in the township of Climax, this county? — A. I was. 

Q. And acted as such on that board?— A. Yes, sir. 



154 CAKNBY VS. SMITH. 

Q. Are you the Elwell who signed the election returns of tne vote of that 
township of Climax? — ^A. Yes, sir. 

Q. For the general election held there November 5 last? — A. Yes, sir. 

Q. This Kxhibit 48, presumably the ballot box, before you — state whether or 
not that is or is not the ballot box in which the ballots were deposited at the 
time and during the election that was held in the township of Climax, on 
Novemlier ;">, 1912. — A. It is one of the ballot boxes used at that time, but not 
for the general election. We had to use a larger box, and got a sugar barrel. 
We headed it uj) and nailed it and cut a slot in it. 

Q. Did this Exhibit 48 contain the votes for Representative In Congress that 
were cast at the November 5, 1912, election in the township of Climax, Kala- 
mazoo County? — A. I think so. 

Mr. Adams. Will you concede that Exhibit 49 is one of the statement books 
of the election held in this particular precinct on the 5th day of November. 
1012. which has been produced by the county clerk? 

Mr. Fellows. Yes. 

Mr. Adams. I offer In evidence Exhibit 49, which is a statement of the vote 
of the general election held on Tuesday, the 5th day of November. 1912, in the 
township of Climax, Kalamazoo County, Mich. 

Mr. Maynard. Under the stipulation we just made that the board count the 
vote in the box, and that that should be placed on the record Is evidence of 
what the vote is. 

Mr. Adams. This is for the purpose of showing what it was. We have to 
show the return to make tlie record ; that Is the only object we oflfer it for — ^to 
show there was a mistake there. 

Mr. Fbankhauskr. Why can't we say the boai*d retumetl so many for Mr. 
Carney and so many for Mr. Smith and shorten the record up? 

Mr. Adams. All right. 

Q. Now, this book. Exhibit 49, shows how many votes your board returned 
as having been determined by your board In counting the ballots for John 
M. C. Smith, Representative in Congress. How many votes does it show 
there?— A. Eighty-three. 

Q. How many votes does it show for Claude S. Carney for the office of Rep- 
resentative in Congress, as returned by your election board? — A. Eighty-two. 
/ Q. How many does It show to have been returned by your board of Inspectors 
for I^evant L. Rogers for the oflBce of Representative in Congress? — ^A. Forty. 

Q. How many votes does Ebchiblt 49 show as having been returned by your 
board of inspectors for Edwin N. Dingley for the office of Representative in 
Congress? — A. Fifty-four. 

Q, Mr. Elwell, have you and have the board of inspectors for Climax Town- 
ship, Kalamazoo County, Mich., counted the ballots in the ballot box. Exhibit 
48, here this morning before the commissioner taking the testimony in this 
contest? — A. We have; yes, sir. 

Q. I wish you would state what the number of the ballots were that your 
board found here on this recount this morning for John M. C. Smith for Repre- 
sentative in Congress, as shown by that recount of the township of Climax, 
Kalamazoo County, Mich., made this morning. — ^A. Ninety. 

Q. I wish you would state what you found the vote for Claude S. Carney for 
Representative in Congress, as made here from the ballots in this ballot box. 
Exhibit 48, this morning. — A. One hundred. 

Q. Now, Mr. Elwell, can you explain how the Inconsistency arose, if you 
know, in the vote, as made by you for the candidates for Congress, and tlie 
count you have made here this morning after opening this ballot box, and the 
count as returned for John M. C. Smith and for Claude S. Carney for Repre- 
sentative in Congress, as contained in Exhibit 49, the return of your board from 
Climax Township of the votes cast on the day of the election, November 5, 
1912? — A. The only way I can explain it is that there was evidetnly a roll of 
ballots that was not counted. That is, we went on and counted the votes, and 
there were 318 in the box. It was laid off in several packages, straight votes 
and split votes, the straight votes for each party, and I think when we came to 
count up the vote and make up the tally sheets that we overlooked one of those 
packages. 

Cross-examination by Mr. Fellows: 

Q. The election which was held in Michigan on November 5, as far as per- 
tains to the township of Climax at least, was an election in which you had more 
split votes than ordinarily? — A. Yes, sir. 



CARNEY VS. SMITH. 155 

Q. And it was a very bad election to canvass on that account?— A. Yes, sir, 
Q. More split votes than you have ever had? — ^A. I think so. 

Redirect examination by Mr. Adams : 

Q. You mean in the township of Climax? — A. Yes, sir. 
Q. I suppose that is all you know about it? — A. Yes, sir. 
Q. You only know that there were more split votes in this last election li^ 
the township of Climax? 

Recross examination by Mr. Fellows: 

Q. Did you at any time make any offer to recount these votes for Mr. Carney^ 
dki he ask you to? — A. No, sir. 

Mr. Prankhauser. We will concede that the board of county cauvassera 
used the sjirae figures, put down the same figures in their canvass that waa 
sent to them by the election board of Climax Township. 

Mr. Adams. Will you concede that the board of county canvassers gave John 
M. C. Smith 83 votes and Claude S. Carney 82 votes In their final canvass of the 
vote in the township of Climax of the November 5. 1912. election for Repre- 
.sentative in Congress? 

Mr. Fellows. Yes. 



March 10, 1913. 

WILLIS H. TOWER, being first duly sworn to testify to the truth, the 
whole truth, and nothing but the truth, testified on behalf of the contestant^ 
Claude S. Carney, as follows: 

Direct examination by Mr. Adams: 

Q. Where do you reside? — ^A. I reside in Union City. 

Q. How long have you lived there? — A. All my lifetime. 

Q. What is your age? — ^A. I am 55. 

Q. Were you in any way oflBcially connected with the general election that 
was held in the township of Union, in the county of Branch, Mich. — the general 
election — on the 5th day of November, 1912? — ^A. Yes, sir. 

Q. In what capacity? — ^A. I was one of the inspectors, chairman of the board* 

Q. Union City is in the township of Union, is it not? — ^^V. Yes, sir. 

Q. Is there more than one precinct, or was there on November 5, in the town^^ 
ship of Union, Branch County? — A. No, sir; Just one. 

Q. One voting place In the township of Union, Branch County, Mich., at that 
election was where? — A. It was held in the opera house in Union City. 

Q. I show you Exhibit No. oO, ix)ll book of the general election held Novem-: 
ber 5, 1912, in the township of Union, county of Branch, State of Michigan. 
On page 16 of this exhibit, Mr. Tower, I notice some names there opposite the 
printed w^ords ** inspectors of the general election held Tuesday, the 5th day of 
November, 1912 *'; will you read those names that appear there on that page 
of that exhibit to that certificate? — A. W. H. Tower, Byron W. Bray, Ellsworth 
P. Wooster, W. F. McClymont, and I. J. Margesou. 

Q. Did you take an oath that day, before the election board of that precinct 
began its duties? — ^A. Yes, sir. 

Q. That you would discharge the duties of the office of insi^ector of that elec- 
tion and support the Constitution of the United States and the constitution of 
the State of Michigan?— A. Yes, sir; I did. 

Q. Mr. McClymont acted as clerk of that election? — A. Yes, sir. 

Q. And Mr. Margesou acted as clerk of that election? — A. Yes. sir. 

Q. That election in that precinct on that day was oiiened and commenced 
about what time during the day? — A. About 7 o'clock; it might have been 5 or 
10 minutes after and might not have l>een; about 7, just about 7 o'clock we 
took our seats and got ready for work. 

Q. In the morning V— A. Yes, sir. 

Q. The voting was 8topi)e<i and closed, as far as any voting was concenietl 
there that day by your bonrd, nt what hour? — A. Twelve o'clock at noon. 

Q. Then what did you and your board do? — A. Well, we sealed the ballot 
boxes. I don't know whether we locke<l them ui) and left a nuin with them. 

Q. Where did you put the box, the statement book, the |>oll book, and the^ 
tally-sheet book? — A. Tbe statement book and the tally sheet were not used at 
that time. We didn't use those until afterwards until we commenced to count. 
Tbe poll book— I think the clerk took that with him. 



156 CARNEY VS. SMITH. 

Q. You (lldn't ]y\\t It In the liallot Im>xV— A. No. sir; we didn't oi)eu up tbe 
ballot box. 

Q. You said you sealed the ballot box at noon? — A. Yes. sir. 

Q. Was it not already sealed?— A. We sealed It over the place where we had 
been putting in tlie ballots. 

U. The slot?— A. Yes, sir. 

Q. Was it locked?— A. Yes, sir. 

Q. Had you had it locked all tliat morning up to the time you took your 
iidjournment at noon? — A. Yes, sir. 

Q. Who went away from there at noon?— A. I think they all went away from 
there — all went to dinner. 

Q. Who had the key to the ballot box, if you know? — A. W^e had two ballot 
boxes. 

Q. I mean the ballot box in which the vote for Representative in Congress 
was. — A. They were all on tlie s.'mp strlu^i. I think the clerk had them. 

Q. What is his name? — A. Mr. Mct'lymont : I am not si»re about tliat. though. 
It was 1ocJ<ed up in the morning when we started. 

Q. Y'ou went to lunch? — A. Yes, sir. 

Q. How long were you gone? — A. We adjourned until 1 o'clock. 

Q. Did you make any announcement of the adjournment? — A. Yes, sir. 

Q. Who made tliat announcement? — ^A. I nmde it. 

Q. What did you announce?— A. I think that I said, '* The iwlls of this 
electicm are now adjourned until 1 o'clock." I think that Is it. I am not sure 
exactly about that. l»ut that Is the substance of what I said. 

Q. Did you come back at 1 o'clock? — A. Just before 1 o'clock. 

Q. Then what did you do? — A. Well, when we were all there we declared 
the election oi)en and took the seal off the slot wliere we put in the ballots and 
Went on with our election. 

Q. What time did you begin your election fu the afternoon? — A. About 1 
T)'clock, I should say : I think Just exactly 1 o'clock. 

Q. Where did you get your i>oll book from when you conmoenced again at 
1 o'doc'k? — A. From the clerk. He took them to his office, and he brought them 
nver there, or they were left there: I am not sure about that. I didn't have 
rharge of them : those two clerks had, Mr. McClymont and Mr. Margeson. 

Q. Did the clerks go with you to the same place where you got your lunch? — 
A. Xo. sir; I went to my own home, and I think they all did the same. 

Q. Did you see this poll book brought back to the voting place at 1 o'clock 
or al>out tliat time when you came Imck at one? — A. I know they had them 
there. I didn't see them brought i)ack. 

Q. Were the books there when you got back to the voting place?— A. Well, I 
think they were; I think that the bfoks were left there, but I am not sure: 
T can't tell about that: I don't recollect. 

Q. If they were left there, do you know where they were left? — ^A. They 
Were locked up In the opera house; the opera house was locked and one of our 
men had the key to it. 

Q. You saw It lockal up at noon? — A. Y'es. sir. 

Q. When you came back at 1 o'clock did you open up the election? — A. Yes, 
^ir. 

Q. Did you make any declaration? — A. Yes. sir. 

Q. What did you declare? — A. " Hear ye, hejir ye, the polls of this election 
are now open." 

Q. Then went on with the elec»tion? — A. Y'es, sir. 

(). TTntil when: when did you stop voting? — A. When did we dose? 

Q. At 5 o'clock. — A. Five or six o'clock; Just what the law says; I couldn't 
say whether 5 or 6; we adjourned Just as soon as th^ law said we should 
T'lose we close<l. 

Q. When you closed the polls that day did you make any declaration? — A. 
Yes. sir. 

Q. Of the closing of the polls? — A. Yes, sir. 

Q. Did you do that? — A. Yes, sir. 

Q. After you closed the polls what did you do? — A. Well, the first thing we 
"did we got our lunch. 

Q. Did you take any adjournment? — A. No, sir. 

Q. Where did you get your lunch? — A. At a restaurant; they were going to 
bring it over, but they didn't get there, and we went after It. 

Q. Did you have the ballots out of the ballot box then? — A. No, sir. 

Q. After you closed the votes at 5 o'clock, did you, before you went to get 
your lunch, open the ballot box? — ^A. No, sir. 



CABNBY VS. SMITH. 157 

Q. What was doue with the ballot box at the time yon weat to your evening; 
Innch? — A. They were left there in charge of the gatekeeper. 

Q. How many gatelceepets did you leave there? — ^A. One. 

Q. Who was that? — ^A. His name was Herbert Phillips. 

Q. Did you seal the ballot box when you went to your evening' lunch ? — A. I 
am not sure about that, I think not : I am not sure, but I think not. 

Q. Did you all go out except the gatekeeper to lunch? — ^A. Yes, sir. 

Q. About 5 o'clock or a little after? — A. Just soon after we closed; it was 
ordered to be brought there, but they didn't get it, and we were anxious to get 
to work, and we went after It. 

Q. Did you make any declaration when you took that adjournment, after you 
stopped voting there? — A. When we went to supper? 

Q. Yea— A. No, sir. 

Q. You just stopped without making any public announcement? — A. Yes, sir; 
I says. ** We will get our lunch before we commence counting the ballots." 

Q. You then went out and got your lunch? — A. Yes, sir. 

Q. And came back about what time? — A. We might have been gone 20 or 
30 minutes. 

Q. When you got back who was there? — ^A. The same Mr. Phillips, the gate- 
keeper. 

Q. He was the only one there when you got back? — A. Yes, sir. 

Q. What time in the day did you get back? — A. I should say about 20 min- 
utes after 5, or half pas' 5 ; I think we waited a little for them to come, but they 
didn't come. 

Q. You mean you waited for your lunch? — ^A. Yes, sir; they were going to 
bring it up, but didn't do it. 

Q. When you got back there*, after going out to get your lunch and after the 
voting had stopped, you think it was about half past 5? — A. Yes, sir. 

Q. Then what was done? — ^A. Then we opened the ballot box and turned the 
ballots on the table, but we opened the main ballot box; we had the presidential 
electors in a large box. 

Q. That ballot box also contained the vo^es for the different candidates for 
the office of Representative in Congress? — A. Yes, sir; they were all on one 
ballot I think. 

Q. Did you or not commence counting those returns? — ^A. We counted them; 
yes, sir. 

Q. What time did you conclude the count? — A. About 4 o'clock in the morn-. 

Ing. 

Q. The next mominir? — A. Yes. sir. 

Q. The morning of the 6th?— A. Yes, sir. 

Q. After you got through counting, what did your board do? — ^A. After we 
got through counting? I declared the election and read off the sta*ement book, 
and we sealed the ballot box, put the ballots in with one tally sheet. 

Q. With one <ally sheet in the box? — ^A. Yes, sir; and sealed them up. 

Q. In the box in which the ballots for Representative in Congress were?— . 
A. Yes, sir. 

Q. Was that the only book you put in the ballot box?— A. Yes, sir. 

Q. What else did you do then, before you left?— A. We sealed up the ballot 
box, put that tally sheet in, and closed up ♦he polls and took our books and 
took the ballot boxes, two of them, with the books, to the clerk's office. 

Q. The city clerk?— A. The township clerk. 

Q. What did you do with the books that you didn't put in the ballot box?^ 
A. The clerk took them. 

Q. The township clerk?— A. Yes, sir; Mr. McClymont. 

Q. He was the township clerk?— A. Yes, sir. 

Q. He had *he books that were not In the ballot box?— A. Yes, sir. 

Q. Do you know where he took them to? — A. He took them to his office. 

Q. Did you go up to his office with him?— A. No, sir. 

Q. Where did you last see the clerk with those books? — A. When we went 
out of the opera house I left — I had ♦o go that way to get home: I had to go 
around this way, and as long as two or three other fellows were going with 
him, they all went that way to his office. 

Q. The last you saw of the books they were in the possession of the township 
clerk going a different direction from *he way you were?— A. Yes, sir. 

Q. Had you completed the ele'^tion returns — did you take an adjournment 
there about 4 o'clock In the morning when you quit?— A. No, sir; we considered 
we were through then. 



158 CARNEY VS. SMITH. 

Q. Did you make any adjournment of your board there when you quit in the 
morning?— A. No, sir. 

Q. Did any of you get together the next day — any members of your board? — 
A. Mr. McClyraont and myself, at his office. 

Q. What time? — A. .^bont betwoon !) njul 10 o'cloclt. 

Q. That was the morning of the 6th of November, lf>12? — A. Yes, sir. 

Q. You went to Mr. McClymont's office on the morning of the 6th of Novem- 
ber, 1912?— A. Yes, air. 

Q. What, if anything, did you and Mr. McCIymont do on the morning of the 
6th of November, 1912, with reference to any of these election returns from that 
township? — ^A. In the statement book, where it says the number of votes a 
person has, we put it in in. numbers — in figures, I mean — and It says it shall be 
wri'ten In, and we wrote those In. • 

Q. Why didn't you write those In the ul^ht before?— A. We didn't know at 
that time that it was the law; we had always done that way before that; 
we have always doue that way for years, and we didn't know but what that 
Was the right thing to do. 

Q. You didn't know but what it was the right thing to write it in there? — 
A. When we adjourned we knew it was right for us to wrl'e those in. but we 
•didn't think it was necessary they should be written in that night. It was 4 
o'clock, and it was agreed among our board that we should write them in 
the next morning. 

Q. You didn't write them in when you adjourned at 4 o'clock on the morning 
T)f the 6th of November, 1912? — A. Yes, sir; those figures were all put In tliere 
and footed like they are now; then we wrote this "225" In. 

Q. Then, under the number of votes given lor the office of Representative 
In Congress, on page 7 of Exhibit 51, opposite the name of John M. C. Smith, 
you wrote in there on the morning of the 6th of November, 1912, for tbe first 
time, the words "two hundred and seven"? — A. Yes, sir; this was put in the 
night before. 

Q. That is. you mean the figures "207," opposite the name of John M. C. 
Smith, were put in there the night before? — A. Yes, sir; then we adjourned. 

Q. Opposite the name of Claude S. Carney, for the first time, you wrote in 
T)ne hundred and fifty on the morning of the 6th of November, 1912, in writ- 
ing? — A. Yes, sir. 

Q. Opposite the name of Claude S. Carney, before you adjourned the night 
t)f election, did you wri'e in "150"?— A. Yes, sir; that was written before we 
adjourned. 

Q. On the night you adjourned? — A. If was in the morning. 

Q. The morning of the 6th? — ^A. Yes, sir. . 

Q. About 4 o'clock? — ^A. Yes, sir. 

Q. You were one of the two members of the board — ^you and Mr. McCIy- 
mont — who completed that statement book on the morning of the 6th of No- 
vember, 1912, by writing in the words as you have indicated? — ^A. Yes, sir. 

Q. The other members of the board were not present at that time?— A. 
No. sir. 

Q. When you got that written in what was done with the election returns of 
thnt election? — A. Mr. McCIymont took one of the sta'ement books and one of 
the poll books and sent them in one envelope. We put one statement book in 
another enveloi>e, and they both came here, one to the judge of probate and 
the other. I think — I don't know who the other came to — whether to the coimty 
t?anvapsers or the county clerk; I guess they were sent over here. 

Q. Did you see them put in the post office? — A. I saw them put in the en- 
velopes and sealed, and Mr. McCIymont took them to the post office. 

Q. Did you see him take them to the post office?— A. I saw him go out of 
the office with them in his hand. 

Q. You didn't go along with him to the post office?— A. No, sir; but it is 
recorded in the post office. 

Mr. Adams. That part I object to, and move to strike out the answer that 
it is recorded In the post office; there is better evidence of that. 

Q. Was it on the morning of the 0th of November that you saw these elec- 
tion returns sealed up in the envelopes in the office of Mr. McCIymont?-— A. 
Yes, sir. 

Q. You are sure about the date? — ^A. Yes, sir. 

Q. Of your own knowledge, I mean?— A. Yes, sir; I was right there myself 
and saw it done. 



CABKEY VS. SMITH. 159 



Q. What 8e>il did you have tltat election day while the board was in 
8ion?— A. The regular seal of the township of Union. I think It says some- 
thini? about the township of Union; I couldn't tell you what is on it but it has 
the township of Union on. 

Q The seal that Mr. McClyniont put on that envelope that day which you 
ha\e stated was not the same seal that you had used that election day there by 
the board of inspectors at that election, was it? — ^A. I am not sure about that. 

Q. The seal that was put on those envelopes in Mr. McClymonfs office w«s 
a seal that Mr. McOlymont produced, was it not?— A. I think they are all the 
same thing. 

Q. The point is, the seal that Mr. McClymont used that day, the 6tli of No- 
vember, 1012, when you say you saw these envelopes sealed up in Mr. McCly- 
monfs office, was a seal that Mr. McClyniont produced there and used in seal- 
ing those envelopes, was it not? — A. Yes, sir; it was the township seal, I 
think. 

Q. It was a seal he produced — that Mr. McClymont produced? — A. Yes. sir. 

Q. You don't know where he got it? — A. He had it in his office. 

Q. That was not the same seal you used election day in connection with the 
election business? 

Mr. Maynard. Objected to as Incompetent and immaterial. 

A. I say that he had these seals and wax all in one box that was there; they 
mi^ht be both the same seal : I think so, but I will not swear to it. 

Q. Didn't the justice of the peace take the seal away when you left your 
toting place that morning of the 6th? — ^A. I am not sure; I don't know; I 
don't know ; J am sure I don't know about that, although I can tell you what I 
think. I think Mr. McClymont had two or three seals In a box about alike. 

Q. Isn't it your recollection now that when you broke up there on the morn- 
ing of the 6th that the justice of the peace took the seal that you had used 
there by your board of inspectors on that day for election purposes? — ^A. I am 
not sure; I don't know; I didn't see him take it. 

Q. You don't know whether the seal you used In McClymont's office on the 
morning of the 6th, after you went back there to finish up the returns, was a 
seal that Mr. McCiymont produced there in his own office? He was township 
clerk? — A. He was township clerk. 

Q. He was not a justice of the peace at the time that election was held? — ^A. 
No, sir. 

Q. He was one of the men who acted as one of the clerks of that election? — 
A Yes. sir. 

Q. Wheu you broke up there about 4 o'clock in the morning, after you say 
yon got through with that election, in making out your returns, as far as you 
mnde them out up to that time, were all delivered over to the township clerk? — 
A. Yes, sir. 

Q. Except the one book that you say was in the ballot box? — A. Yes, sir. 

Q. They were not under seal? — ^A. I will not say that. 

Q. They were not in any way sealed up? — ^A. No, sir. 

Q. They were open so anybody could open them up? — ^A. Mr. McClymont had 
them in his charge. 

Q, He had them in his charge, but there was no seal on those books? — A. 
No, sir. 

Q. They were open just the same as now, without any seal on them? — A. 
Yes, sir. 

Q. As they lay here before you? — ^A. Yes, sir. 

Q. He could oiien them up if he saw fit to do so? — ^A. Yes, sir. 

Q. Without breaking any seal? — A. Yes, sir. 

Q. Your board of inspectors of that election did not deliver at any time the 
election books to Mr. McClymont, the township clerk. In a sealetl condition? — A. 
No. sir. 

Q. All of these election books that you used there on that day for election 
purposes, except the one that was put In the ballot box, were not in any way 
pealed by. the board when it disbanded? — ^A. No, sir. 

Q. Or at any time that you know of? — A. They were sealed when we sent 
them away; that is all. 

Q. That was the first time you knew of their being sealed? — A. Yes, sir. 

Q. They were not sealed by the board of election inspectors at any time be- 
fore they were delivered to the township clerk? — A. No, sir. 

Q. After you got through there the morning of the 6th? — A. No, sir: he took 
charge of them; we understood it between ourselves that we were going to 



160 CARNEY VS. SMITH. 

write that in, and he took theiu and took them to his office and looked them up. 

Q. The board didn't seal them at all at any time? — A. No, sir. 

Q. The first seal you saw ui)on any of those book^, except the one that was 
put in the ballot box A. .(Interrupting.) The tally g^eet 

Q. ( Ck>ntinuing. ) Was when you saw Mr. McCIymont seal them in his office 
on the morning of the 6th? — A. Yes, sir. 

Q. Did Mr. McCIymont retain the seal he sealed those enveloi^es with?— A. I 
think so. 

Q. You didn't take it?— -A. No. sir. 

Q. You didn't see anybody else take It from Mr. McCIymont? — ^A. No. sir. 

Cross-examination by Mr. Fbankhauseb: 

Q. Mr. Tower, where is that election box that contained the votes for Repre- 
sentative in Congress? — A. In the clerk's office. 

Q. Has it been there ever since, as far as you know? — A. Yes. sir. 

Q. Has it been opened since? — ^A. No, sir; not to my knowledge. 

Q. Does it contain the ballots of the general election held November 5,1912?— 
A. Yes, sir. 

Mr. Fbankhauseb. In response to any claim that may be made here by the 
contestant that the returns filed with the county clerk and the probate court do 
not contain an honest or correct statement of the result of that election for 
Member of Congress for the third district, in Union township, the contestee 
now consents that the box may be produced and the votes counted under the 
direction of the commissioner here. Mr. Stockwell, and whatever result is 
thereby found to exist will be the result of this contest in that precinct, in the 
same manner that the votes were counted in tlie township of Climax, Kalamassoo 
County, Mich., March 8, 1913. 

Q. As I understood you, Mr. Tower, the names you first read here from 
Exhibit 60, being the poll bbok of that township, of those five men, three of 
them were inspectors and two were clerks? — A. Yes, sir. 

Q. Who were the inspectors there? — A. Myself, Mr. Bray, and Mr. Wooster. 

Q. Mr. McCIymont was township clerk? — ^A. Yes, sir. 

Q. According to law he would also be ;in inspector, wouldn*t he? 

Mr. Adams. Objected to as Incompetent. 

A. Mr. McCIymont and Mr. Margcson were clerks and set down the names 
on the books. 

Q. What township office does Mr. McCIymont hold? — A. Township clerk. 

Q. N\)w, when you got through with the vote there that day at about 5 
o'clock — you say that was the law — A. Yes, sir we closed on time. 

Q. As I understand it, you expected that your lunch would be brought 
there, but they failed to bring it? — ^A. Yes, sir. 

Q. And after waiting some time you thought you would get it yourselves — ^A. 
Yes, sir. 

Q. While you were gone the ballot box was in the possession of who? — A. 
Herbert Phillips. 

Q. And the ballot box was locked as It had been all day? — ^A. Yes, sir. 

Q. Was he there when you returned from your lunch? — ^A. Yes, sir. 

Q. IIow long were you gone? — A. We may have been gone twenty or thirty 
minutes; not longer than that. 

Q. When you returned did you continue the count until it was completed?— 
A. Yes, sir. 

Q. After you began, you continued the count until completed?— A. Yes, sir. 

Q. You didn't begin the count before you went to lunch?— A. No, sir. 

Q. Nor oi)en the box or anything of the kind? — A. No, sir. 

Q. When you returned was there anybody else in the voting room beside 
Mr. Phillips"?— A. I think not. 

Q. Now, when you got through counting, it was pretty late In the night, or 
earlv in the morning? — A. Yes. sir. 

Q."^ .Xbout what time?— A. About 4 o'clock, I should wiy. 

Q. .Just tell, to put it on the record, how complete your work was before 
you went away that morning?— A. Tl^e statement books were all completed ex- 
cept writing In the numbera Everything else was done that we knew should 

be done. 

g. That IH, writing In the words?— A. In writing In the number of votes. 

Q. lou wrote afterwards the number of votes?— Yes, sir. 

g. 1 will show you Exhibit 50. Had you signed the poll book there at the 
voting place? — A. Yes, sir. 



GABNEY VS. SMITH. 161 

Q. Everything was signed up before you left? — A. Everything was done; yes, 
sir. 

Q. As I understand you, there was an agreement among the members of 
the board that you and the clerk should write in those words where the law 
required them to be written in? — A. Yes, sir. 

Mr. Adams. I object to that as incompetent, irrelevant, immaterial, and hear- 
say and move to strike out the answer. 

Q. I show you EiXhibit 51. Turn to page 16 under certificate. Was that 
certificate signed before you quit the polling place that morning? — A. Yes» rtr. 

Q. Read that down to and including those names. — A. (Reading:) 

"State of Michigan, County of Branch, 88 : 

" We do hereby certify that the foregoing is a correct statement of the votes 
given in the township of Union, county of Branch, State of Michigan, at the 
general election held on Tuesday, the 5th day of November, A. D. 1912. 

" In witness whereof we have hereunto set our hands at the village of Union 
City, in said county and State, this 5th day of November, 1912. 

"W. H. TOWEB, 

" e. c. woosteb, 
"Bybon W. Bray. 
"W. F. McClymont. 
" I. J. Maboeson." 

Q. Yon have been reading from the statement book of the general election, 
page 16, of Exhibit 51?— A. Yes, sir. 

Q. Was that completed before you left the polling place that morning of the 
6th of November, before you went to the clerk's office? — A. Do you mean was 
that signed? 

Q. Yes, sir. — ^A. Yes, sir. 

Q. I call your attention to Exhibit 50, being the poll book referred to here 
with the certificate of the inspectors at page 16 : 

" State of Michigak, County of Branch, »$: 

*' We do hereby certify that the foregoing poll list has been carefully com' 
pared by us with the duplicate poll list as required by law, and that uli mis- 
takes found in said poll lists have been du^y corrected by us, and that both of 
said poll lists are now correct and agree with each other. 

"In witness whereof we have hereunto set our h^nds at Union City, in said 
county and State, this 5th day of November, A. D. 1912. 

" W. H. Tower, 
"Byron W. Bray, 

"B. C. WoOSTEB, 

" W. F. McClymont, 
" I. J. Maroeson, 
"Inspectors of the general election 
held on the 5th day of November, 1912" 

When was that signed? — ^A. After we quit in the morning. 

Q. At 4 o'clock? — A. Yes, sir; or about that time. 

Q. Before you left the polling place? — ^A. Yea. sir. 

(Tally sheet book of Union Township of the general election held on the 5th 
day of November, 1912, Branch County, Mich., was marked " Contestee's Ex- 
hibit 52.") 

Q. I think maybe I asked you this once before: Just what was understood 
between you and the rest of the board as to what should be done in this state- 
ment book before it was mailed to the county officers? 

Mr. Adams. We object to that as incompetent, irrelevant, immaterial, and 
hearsay. 

A. It was understood between the board that Mr. McClymont and myself 
should write in the figures the next morning and mall them. 

Q. Then, as I understand, you had completed the count, announced the result, 
and signed the books — ^that is, the poll book and the statement book— before 
you left the voting place — A. Yes, sir. 

Q. Then the board went to their several homes to breakfast? — A. We went 
home and went to bed instead of breakfast. 

Q. Then you went to the township clerk's office nt about 9 o'clock to write in 
those words?— A. Yes, sir. 

286—13 ^11 



162 CARNEY VS. SMITH. 

Q. Where did you find the statement book and the poll book?— A. The clerk 
had them on his desk. 

Q. Was there anything done with either one of them, except to write in the 
words you have spoken of? — ^A. Nothing at all. 

Q. Was there any dating done? — ^A. No, sir. 

Q. Everything was dated, finished, signed, and completed except the writing 
In of those words? — ^A. That Is all we did. 

Q. Now, I will ask you to refresh your recollection from Exhibit 61, the state- 
ment book, and state how many votes the Republican electors got for Presi- 
dent? — A. Twenty-six hundred and seventy-five. 

Q. I mean each one. How many the Republican electors got for President? 

Mr. Adams. Objected to as incompetent, irrelevant, and immaterial. 

A. The highest was 181 and the lowest was 178. 

Q. What did you write in there after you got to the township clerk's oflflce with 
regard to that? You wrote in the words opposite the figures you had already 
written in? — ^A. Yes, sir. 

Q. Whose figures are these? — ^A. They are mine [referring to the figures for 
the Republican electors]. 

Q. Who wrote the writing to the left of the figures? — A. I did. 

Q. Referring to Exhibit 51, how many votes did the Democratic electors get? 

Mr. Adams. Objected to as incompetent, irrelevant, and immaterial. 

Q. The highest to the lowest? 

Mr. Adams. The same objection. 

A. One hundred and forty- two right straight through. 

Q. Did you, before leaving the polling place, put in the figures? — ^A. Yes, sir. 

Q. Then what did you add afterwards, when you w^ere at the township clerk's 
ofllce? — ^A. Just the words. 

Q. Then you wrote in the words "one hundred and forty-two" how many 
times? — ^A. As many times as there were Democratic electors. 

Q. Page 2 of Exhibit 51, how many votes did the Prohibition electors get? 

Mr. Adams. Objected to as incompetent, irrelevant, and immaterial. 

A. Thirteen and 12 ; 13 the highest and 12 the lowest. 

Q. Were the figures placed there before you gentlemen left the i)olllng place? — 
A. Yes, sir. 

Q. What was it you added in there at the township clerk's ofllce? — A. We 
wrote the figures out in words. 

Q. That is, 13 and 12?— A. Yes, sir. 

Q. Come on down to the Socialist Party. How many votes did ihe Socialist 
electors get? 

Mr. Adams. Objected to as incompetent, irrelevant, and immaterial. 

A. Four. 

Q. When did you put the figures down there showing that vote? — ^A. Right 
there. 

Q. Before you left the polling place? — ^A. Yes, sir. 

Q. When did you put the words In? — ^A. The next morning. 

Q. Turn to page 3 of the same exhibit. How many votes did the Socialist 
Labor Party get? 

Mr. Adams. Objected to as incompetent, irrelevant, and immaterial. 

A. One. 

Q. What did you do there, with reference to those words and figures? — ^A. 
We wrote the figures in before we closed, and the words the next morning. 

Q. At the clerk's oflice? — ^A. Yes, sir. 

Q. On the same page, I ask you how many votes did the Progressive Party 
get. from the highest to the lowest? — A. Two hundred and twenty-two and 221. 

Q. When were the figures put down there? — A. Before we closed. 

Q. And the words? — A. The next morning. 

Q. Who put those words and figures down? — ^A. I did, myself. 

Q. Did you do all the clerical work in reference to making these books? — A. 
One of our clerks got so nervous that he could not do anything, and finally he 
handed the book to me and let me write It in for him. He was not very well, and 
he asked me to do it for him ; Mr. Margeson did. 

Q. I will ask you to read Into the record, page 4. from the same exhibit, the 
number of votes each m.in received for governor in Union Township. 

Mr. Adams. I object to that as lncomi)etent. Irrelevant, and immaterial. 

A. Amos S. Mussulman, 164; Woodbrldge N. Ferris, 206; J. B. Leland, 9; 
Hagerhymer, 3; Watkins, 177. 



OABNEY VS. SMITH. 168 

Q. Whicli one was the Republican? — ^A. Mussulman. 

Q. Who was the Democratic candidate? — A. Woodbridge N. Ferris. 

Q. Who was the National Progressive candidate?— A. Watkins. 

Q. Now, were those figures put in there before you left the i)olling place? — 
A. Yes, sir. 

Q. And the words were put in afterwards, about 9 o'clock, as you have 
testified?— A. Yes, sir. 

Q. Now come down to the votes for lieutenant governor, and read those. 

Mr. Adams. Objected to as incompetent, irrelevant, and Immaterial. 

Q. Were all the figures in this exhibit put down by you before you left the 
polling place as a board, and the words afterwards put in at the township 
clerk's office, according to the agreement you have testified to? — ^A. I see they 
have in here 155; I don't think that is my writing. 

Q. That is, these totals?— A. Yes, sir. This is my writing here. 

Q. But the other figures are your handwriting? — ^A. Yes, sir; this is my 
writing in here. 

Q. The figures that you refer to that were not yours are the totals in each 
office?— A. Yes, sir. 

Q. Begin with lieutenant governor. 

Mr. Adams. I object to his reading what the lieutenant governor got as irrele- 
vant and immaterial. 

A. (Reading.) "John Q. Ross, 182; James W. Helme, 161; F. C. Demorest, 9; 
Edwin R. Cornish, 4 ; William D. Gordon, 199." 

Q. As you understand, Mr. Gordon was the National Progressive? — A. Yes, 
sir. 

Q. Take the ofllce of secretary of State.— A. (Reading.) "Fred C. Martin- 
dale, 191; Jumes B. Balch, 151; Alfred Lowther, 10; Henry Kummerfeld, jr., 3; 
Thos. H. Grabouski, 1 ; Howard L. BattdorfT, 201." 

Mr. Adams. I move to strike that out as Irregular and immaterial; I move 
to strike out the last he read of the different candidates for the office of 
secretary of state as irrelevant and immaterial. 

Q The last one you read, Mr. BattdorfP, was the National Progressive? — A. 
Yes, sir. 

Q. And Mr. Balch was the Democrat? — ^A. Yes, sir. 

Q. Take next the office of State treasurer. 

Mr. Adams. I object to that as incompetent and immaterial. 

Mr. Fbankhaxjseb. You can have an objection and an exception to all of 
this as irrelevant and immaterial. Is it conceded that the second name is the 
Democrat always? 

Mr. Adams. I think so. 

A. (Reading.) "John W. Haarer, Republican, 191; John H. Robson, 150; 
John Borland, sr., 10; John H. Beyer, 4; Arthur L. Kline, 2; Frank C. Holmes, 
Progressive, 201." 

Q. The next one is auditor general. — ^A. (Reading.) " Oramel B. Fuller, Re- 
publican, 192; Peter Primeau, Democrat, 149; William J. Reynolds, 10; Ralph 
Kirsch, 4 ; Fred Hueffner, 2 ; Herbert F. Baker, 201. Attorney General : Grant 
Fellows, Republican, 191; Louis E. Howlett, Democrat, 151; Seth B. Terry, 1; 
Homer C. Van Aiken, 4; George Hasseler, 2; Julius C. Kirby, 201. Commis- 
sioner of the State land office: Augustus C. Carton, Republican, 190; Orlando F. 
Barnes, Democrat, 149 ; Willis M. Farr 10 ; Chris. Niva, 4 ; Isaac J. LeBrun, 1 ; 
Oscar E. Linden, 203. Justices of the Supreme Court, short term : Joseph H. 
Steere, Republican, 192; Rollin H. Person, Democrat, 150; Winent H. D. Fox, 
10; Garry Dohm, 4; Willard J. Turner, 201. Justices of the Supreme Court, 
long term: Franz C. Kuhn, Republican, 179; George L. Yaple, Democrat, 305; 
5dwin H. Lyon, 199." 

Q. Mr. Kuhn was Republican, and Mr. Yaple the Democrat? — A. Yes, sir. 
"Representative in Congress at large: Patrick H. Kelly, Republican. 193; Ed- 
ward Frensdorf, Democrat, 148; Fred W. Corbett, 10; Milan F. Martin, 4; Wil- 
liam H. Hill, 200. Representative in Congress, third District : John M. C. Smith, 
207; Claude S. Carney, 150; Levant L. Rogers, 4; Edwin N. Dingley, 188." 

Q. I will ask you now, was that true with reference to all the figures rep- 
resenting the votes they received, that they were placed there by you before 
you left the polling place, and the words written in at the office of the town- 
ship clerk? — A. Yes, sir. 
Q. Do those figures correctly represent the number of votes each one received? 
Mr. Adams. I object to that as incompetent, irrelevant, and immaterial. 

A. They are as far as the tally sheet showed. 



164 CABNEY VS. SMITH. 

Q. Now take the office of State senator. A. (reading:) ''Swift, 237; Corliss, 
140 ; Cameron, 3 ; Howard, 171." 

Q. You understand that Mr. Swift was the Republican and Mr. Corliss the 
Democrat? — A. Yes, sir. "Representative for the State legislature: BvanSi 
214 ; Sherman, 148 ; Donnigan, 100.'* 

Q. You understand the first one was a Republican? — A. Yes, air. 

Q. And Sherman a Democrat? — A. Yes, sir. 

Q. And Donnigan a Progressive? — ^A. Yes, sir. "Judge of probate: Repub- 
lican candid!ite. 253; Democrat candidate, 140; Progressive candidate, 156. 
Sheriff: Republican candidate, 235; Democratic candidate, 133; Progressive 
candidate, 140. County treasurer: Republican candidate, 237; Democratic can- 
didate. 144; Progressive cnndidate, 170. Register of deeds: Republican candi- 
date, 236; Democratic candidate, 134; Progressive candidate, 166. Prosecuting 
attorney: Republican candidate, 215; Democratic candidate, 105; Progressive 
candidate, 142." 

Q. Take the vote for Representative in Congress which you gave, John M. 
C. Smith 207, and Claude S. Carney 150, state whether those are the numbers 
that appeared there that day? 

Mr. Adams. I object to that as incompetent, Irrelevant, and immaterial, and 
not the best evidence, and that the returns must speak for themselves. — A. Yes, 
sir. 

Q. Have there been any changes or alterations made in regard to it? — A. 
No, sir. 

Q. Were those the number of votes that each one actually received? — A. Yes, 
sir; as far as the tally slieet shows. 

Q. I will ask you again whether there have been any changes or alterations 
of any kind in those figures? — A. Not that I could see. 

Q. If there was, you could see? — A. Yes. sir. 

Q. Now I will ask you, as far as you know, whether that election, and canvass 
of the votes returned, were In every way honest and square, as far as you 
know ? 

Mr. Adams. Objected to as incompetent, irrelevant, and immaterial, and call- 
ing for the conclusion of the witness. 

A. Yes, sir. 

Q. Does the return here that you have seen correctly express that vote? 

Mr. Adams. Objected to as incompetent. Irrelevant, and immaterial, and call- 
ing for the conclusion of the witness. 

A. Yes. sir; that Is the way we counted them up. 

Q. Did John M. C. Smith receive any votes that belonged to Claude S. Carney? 

Mr. Adams. Objected to as incompetent, irrelevant, and immaterial, and call- 
ing for the conclusion of the witness. 

A, No. sir. 

Q. Did John M. C. Smith receive any votes that were not cnst for him? 

Mr. Adams. Objected to as incompetent. Irrelevant, and immaterial, and call- 
ing for the conclusion of the witness. 

A. No, sir; not ns far as I know. 

Q. I show you Exhibit 52 now, and call your attention to page 12, the vote 
on Congressmen In the third Congressional district, and ask you to look at that 
book on pnges 12 and 13 and tell me whether those are the figures from which 
you made that stntement — the figures and tallies — from which you made that 
statement? — A. Yes. sir. 

Q. How many straight votes did John M. C. Smith receive, as shown by the 
tally book, or your rec^ollectlon? — A. Ninety-five. 

Q. How mnny straight votes did Clnude S. Carney get? — A. He got 03. 

Q. How many split votes did John M. C. Smith get?— A. He got 112. 

Q. How many did Claude S. Cnrney pet? — A. He got 57. 

Q. Does the book show that you have In your hand, the number of tallies to 
make up those figures? — A. Yes. sir; 112 for Smith and 57 for Carney; that is, 
the split votes. 

Q. I win ask you about I^nlon Township, the genernl politics of Union Town- 
ship for the last few yenrs, has It been I>emocratic or Republican? 

Mr. Adams. Objected to as Incomi)etent, irrelevant, and Immaterial. 

A. Strongly Republican. 

Q. T'utll last fall when the Progressives came in, then what effect did It 
have? 

Mr. Adams. Objected to as incomiietent. Irrelevant, and Immaterial, and not 
the best evidence. 



OABNEY VS. SMITH. 165 

A. It took a large vote oflf the Republicans, of the usual Republican vote. 

Q. We have read into the record the vote received by the different county 
officers, did the Prohibitionists or Socialist Labor have a county ticket? 

Mr. Adams. Objected to as irrelevant and immaterial, and not the best 
evidence. 

Q. I mean for county officers? — ^A. No, sir; they did not; there were three 
tickets. 

Q. Is it not true, Mr. Tower, that a good many, or some at least, voted for 
Mr. Roosevelt on the Progressive ticket, that voted for the Republican ticket? 

Mr. Adams. Objected to as lncomi>etent and immaterial, and calling for the 
conclusion of the witness, hejirsay and not the best evidence. 

A. A good many Progressives who voted for the Progressive electors voted 
the State Republican ticket and for Mr. Smith — for Mr. Smith and the State 
Republican ticket — some voted for Mr. Carney, too. 

Q. Do you know a man by the name of Charlie Day? — A. Yes, sir. 

Q. Does he live in Union City?— A. Yes, sir. 

Q. He still votes there?— A. Yes, sir. 

Q. Was he up north just before election last fall, at Saginaw? — ^A. Yes, sir. 

Q. How long has he been at Saginaw? — ^A. He has been there more than a 
year; I should say a year and a half. 

Q. Does he come home to vote? — ^A. Yes, sir ; his wife lives there. 

Q. Did he come home to vote last fall? — A. Yes, sir. 

Q. Isn't he a strong Democrat In politics 

Mr. Adams. I object to it as irrelevant and immaterial. 

Q. (Continuing) — and didn't he watch the count of the vote very closely the 
day and the night and morning of the counting of those ballots? 

Mr. Adams. I object to that as irrelevant and immaterial and calling for the 
conclusion of the witness. 

A. He was one of the challengers for the Democratic Party and he stayed 
there until the last vote was counted. 

Q. Did he give his personal attention to it and watch the counting of the 
votes? — A. Yes, sir; and also Mr. Rupright. 

Q. Did you read the votes personally, call of, or, what part did you take? — 
A. I took in the ballots and called off the names. 

Q. Didn't Mr. Day look over your shoulder at every ballot when counting 
np? — ^A. Yes, sir ; he sat hy the side of me. 

Q. And didn't you hold the ballots on purpose so Charlie could see every 
one? — ^A. Yes, sir ; he sat by the side of me and Mr. Rupright watched the other 
end of the table; it was pretty well guarded by two Democrats. 

Q. How long have you been acquainted with the election inspectors of that 
precinct who acted there that day, the township clerk and the other two 
Inspectors? 

Mr. Adams. Objected to as irrelevant and immaterial 

A. Mr. Bray, I have known for 20 years; Mr. W^ooster for about five years, 
and Mr. McClymont for about five or six years, and Mr. Margeson about twenty 
years. 

Q. Was the last one you mentioned the clerk? — A. No, sir; Mr. McClymont 
was the clerk. 

Q. What sort of men are they? — A. As good men as you can find in this 
eoimty. 

Mr. Adams. I move to strike out the answ^er and object to the question on the 
ground that it is incompetent, irrelevant, and Immaterial, and thnt the question 
la not sanctioned by any rule of evidence. 

Q. Have you the means of knowing what their general reputation is for 
uprightness, integrity, and honesty? 

Mr. Adams. I object to that as incompetent. Irrelevant, and Immaterial, and 
calling for the conclusion of the witness, and does not state any facts. 

A. I have. 

Q. What is that reputation? 

Mr. Adams. Objected to as incompetent, irrelevant, and immaterial. 

A. They have a splendid reputation around there. 

Q. Referring especially to the county clerk, what kind of man is he? 

Mr. Adams. Objected to as incompetent, Irrelevant, and immaterial, calling 
for the conclusion of the witness and hearsay. 

A. A very honorable man, I should say. 
. Q. Do you think that any member of that board of election inspectors would 
purposely make a wrong count or commit fraud in the election? 



166 CARNEY VS. SMITH. 

Mr. Adams. Objected to as incompetent, irrelevant, and immaterial, calling 
for the conclusion of the witness and his opinion. 

A. No, sir. 

Q. Do you know of any illegal voting or any fraud on the part of anyone 
during that election in that precinct? 

Mr. Abams. Objected to as incompetent, irrelevant and immaterial and call- 
ing for the conclusion of the witness. 

A. No, sir. 

Q. Would you say that the canvass made of the votes in that precinct and 
these three exhibits put in here show the correct vote as cast by the legal 
qualified electors In that precinct for cross-examination on November 5, 1912? 

Mr. Adams. Objected to as Incompetent, irrelevant, and immaterial and 
calling for the conclusion of the witness and not the proper manner of Inquiry. 

A. It was so far as we were capable of making it; we did our best 

Q. Did you change any figures from what they were before your board left 
the voting place? — A. I don't understand your question. 

Q. Did you change any figures after the board left the voting place, the 
morning of the 6th day of November, 1912, over at the ofllce of the township 
clerk or any place else? — A. No, sir. 

Q. Were they put In those envelopes in precisely the condition so far as you 
could see as they are now? Are they now in the same condition as tJiey were 
when they left your hands? — ^A. Yes, sir; exactly, as far as I can see. 

Q. You saw them sealed up? — A. I did; I helped seal them up. 

Q. And you saw the man start to the post oflice with them? — A. Yes, sir. 

Q. They were delivered to the township clerk to be mailed? — A. Yes, sir. 

Q. And while you did not go to the post office, you saw him go toward the 
post oflice? — ^A. It was raining and I stayed in the office while he went. 

Q. What time in the day were they delivered to the township clerk to be — 
what day and what time in the day? — A. The next day after election about 
between 10 and 11 o'clock in the morning of the 6th of November. 

Q. Before noon? — A. Yes, sir. 

Q. Was the opera house locked at noon when you gentlemen went to din- 
ner ?— A Yes. si r 

Q. Who locked it?— A. I think Mr. McCIymont had the key. 

Q. Did you see him unlock it again? — A. I was there when we came back; 
I think Mr. McCIymont did. 

Q. When you got in there was there anybody in there except Mr. Phillips?— 
A. No, sir. Mr. Phillips was not there at noon; we locked it up. We didn't 
lock it at night but left it with Mr. Phillips. 

Q. Was there any way as far as you know, that anyone could possibly tamper 
with that ballot box when you went to your lunch at noon? — A. No, sir. 

Mr. Frankhauser. It may be understood that the board of county can- 
vassers used the same figures that appeared in this statement book, Exhibit 
50, and that they canvassed Mr. Smith's vote at 207 and Mr. Carney's at 150 
In Union Township. 

Redirect examination by Mr. Adams: 

Q. When you got back there from your noon meal on election day to the 
voting place, were you inside of the building, the opera house, where the elec- 
tion was held, before Mr. McCIymont got back there? — ^A. No, sir; we all went 
in together. 

Q. Where were you when Mr. McCIymont came there? — ^A. I was on the out- 
side of the door waiting for him to come; I think he had his key. 

Q. Was the door opened before Mr. McCIymont got there? — A. No, sir; I 
think two or three of us were waiting outside and I think Mr. McCIymont came 
with the key and unlocked it. 

Q. Was that the only door of the room in which the election was held?— -A. 
Yes, sir; the other doors were all locked on the inside. 

Q. Did you try them before you went away for noon? — ^A. I didn't myself; 
but they were tried. 

Q. But whether they were locked or not, you don't know of your own knowl- 
edge? — A. They were locked. 

Q. You can not swear they were locked? — ^A. I don't suppose I could; I don't 
know that I went back and tried them, but they were tried all right. 

Q. You say that it was raining on the morning of the 6th ; that you were up 
there in Mr. McClymont's office to finish up the election returns?— A. Yes, sir. 

Q. And put them In the envelopes and sealed them? — A. Yes, sir. 



CARNEY VS. SMITH. 167 

Q. You stayed in the office and Mr. McCJymont went out with the returns? — 
A. He went to the post office. 

Q. You don't know where he went, do you, of your own knowledge? — ^A. No, 
sir; I do not. Of course, he went out. 

Q. He went out of the office; that is the most you can say? — ^A. I know he 
went to the post office, or was gone about long enough. 

Q. You know he said he was going, but you don't know whether he went 
or not? — ^A. Only what the record of the post office shows. 

Mr. Adams. I move to strike out the last part of the witness's answer as In- 
competent. 

Q. Of your own knowledge, when you were in Mr. McClymont's office on that 
morning when he started out with those election returns, you don't know 
where he went, do you — ^you haven't any way of knowing of your own knowl- 
edge? — A- I didn't go with him, but he went there, anyway; I guess that is 
right 

Q. But you don't know that he went there, of your own knowledge? You 
didn't see him go there, did you? — A. I saw him go out of the door with a 
package. 

Q. You didn't see him go into the post office? — ^A. No, sir. 

Q. You stated that a great many Progressives voted the State ticket, and 
that some of the Progressives voted for Mr. Smith and some for Mr. Carney; 
now, that was somewhat of a ballot you had there that day? — ^A. I know by 
the way they talked. Judge, and by the way the count shows. 

Q. As far as they talked, that Is what you heard? — ^A. Yes, sir. 

Q. All you know besides that is what you saw in the ballots? — ^A. Yes, sir. 

Mr. Adams. I move to strike out what the witness said In that regard as a 
conclusion and not the best evidence, and as far as the ballots show anything 
in that regard or what people told him, on the ground that it is hearsay. 

Q. Now, you said, I think, that Mr, Carney had a large Republican vote; did 
I understand you that way? — ^A. No, sir; I didn't intend to say that; I think 
I said that Mr. Smith got a good many Progressive votes and that Mr. Carney 
got some. 

Q. Counsel asked you whether the Republican vote, in fact, was not pretty 
badly split up that day, and you replied, in substance, that Mr. Carney had a 
good many Republican votes? — ^A. Not many Republicans, but Progressives, if I 
said that ; Mr. Smith and Mr. Carney both got Progressive votes. 

Q. As a matter of fact, it is shown by £2xhiblt 51, shown you a while ago — 
referring now to the statement book, page 7, of the votes given to the diflferent 
candidates for the office of Representative in Congress — it appears, does it not, 
that John M. C. Smith, according to the return I show you now and hold before 
you, got 207 votes? — A. Yes, sir. 

Q. And Claude S. Carney got 150? — A. Yes, sir. 

Q. And Levant L. Rogers, 4? — ^A. Yes, sir. 

Q. And Edward N. Dingley, 188?— A. Yes, sir. 

Q. Mr. Dingley was the Progressive candidate for Representative in Congress 
at that election and was voted for in that precinct ; you were an officer in that 
day? — A. Yes, sir. 

Q. I don't suppose you have any independent recollection outside of these 
exhibits shown you here to-day what the votes were as given at that election 
ill that precinct for the respective candidates? — ^A. If I hadn't seen the book 
I could not have told, I could not carry it in my mind. 

Q. You didn't keep the tally?— A. No, sir. 

Q. It took you from 5 o'clock until 4 o'clock the next morning to complete 
the count of the votes cast In that voting place at that election? — A. Yes, sir; 
two clerks kept the tally books and the other three did the counting. 

Q. So you don't know what those clerks put down on the tally sheets, whether 
they put it down correctly as called oflf or not, do you, of your own knowledge, 
I mean, from anything you saw there? — ^A. I was on one side of the table and 
the clerks were on the other, we were all around the table, the clerks on the 
opposite side. 

Q. From your own knowledge you can't positively swear that they put them 
down just as they were called off, can you? — ^A. Of course I think they did. 

Q. I didn't ask you what you thought. — ^A. I think they did. 

Q. Do you know of your own knowledge, the question is? — ^A. Of course I 
didn't have my eye on them every minute, but I watched Mr. Margeson pretty 
closely. 

Q. But you were reading and calling off?— A. Yes, sir. 



168 CARNEY VS. SMITH. 

Q. Tou had a number of names on the ballot of different officers, it was a big 
ballot? — ^A. Yes, sir. 

Q. A great many names on it? — A. Yes, sir. 

Q. Whether the clerks put down the tallies as called off and Just as called off 
and credited them to the candidates, respectively, for whom they were called 
off, you don't know of your own knowledge, do yu? — A. I will say this: That 
I watched Mr. Margeson very closely, the other man I couldn't see. 

Q. You could not at that time carry 207 votes in your head, could you? — ^A. 
But they didn't get 207 ; they would get so many straight votes, then you would 
get so many split votes. 

Q. But you could not carry 207 or 150 or any other number of votes In your 
head? — ^A. No, sir. 

Q. For the candidates voted for in that place that day? — ^A. No, sir; I had to 
lake It for granted that they set them down right. 

Q. Now, can you say on your oath, of your own knowledge, not what you 
suppose, but of your own knowledge, can you swear now that those clerks put 
them down exactly as called off and credited them to the man for whom you 
called them off; answer that, yes or no? — A. I think they did, that is all. 

Q. Do you know of your own knowledge? — ^A. I don't know as 1 could swear 
to it, but I think they did ; they would not have any object in doing any other 
way. 

Q. You can't swear they did, can you? — ^A. Mr. Margeson did anyway, I saw 
him do it. 

Q. What? — A. As far as I saw and I was watching him pretty closely. 

Q. Did you see him put down every tally on that book ? — A. No, sir. 

Q. So you couldn't say on your oath now that he put them down Just as they 
were called off and credited them to the men entitled to tliem and for whom 
you called them off, can you? — A. I would like to bet he did. 

Q. Can you swear to it? — A. No, sir. 

Mr. Frankhausee. I object to this cross-examination here of this witness; 
he has not shown hiniF^lf to be a hostile witness so they would have the right 
to ply him with searching cross-ex«niinatlon questions. 

Q. The entire board of election, including the inspectors and clerks there at 
that election that day, were Republicans, were they not? — A. No, sir; they 
were not. 

Q. The three Inspectors were Republicans? — A. They were not. 

Q. Who w^ere not Republicans on that board that day as far as the inspectors 
were concerned? — A. Mr. Bray was a Progressive and Mr. McClymont and Mr. 
Margeson were Progressives; two Republicans and three Progressives. 

Q. I am talking about the inspectors. — ^A. One was a Progressive and two 
Republicans. 

Q. They were all enrolled as Republicans Just prior to that election on that 
election day, were they not? — A. I think they were all enrolled as Republicans; 
I think they were. 

Q. The two clerks at that election were Republicans? — A. They were Roose- 
velt men — considered so. 

Q. They were enrolleil as Republicans? — A. Yes, sir. 

Q. Those were the only officers of the board that you had there that day?— 
A. Yes, sir. 

Q. Now, the township clerk there, after you got through on the morning of 
the 6th with your count of that vote, had the key to that ballot box? — A. During 
the election? 

Q. After you got through with the election and they were taken up to his 
office?— A. I had the key myself. 

Q. The key to the ballot box? — A. Yes, sir. 

Q. Where is the key now? — A. I have It in my house. 

Q. At home?— A. Yes, sir. 

Q. Did anybody else have a key to that ballot box that day that yon know 
of? — A. I don't think so. There were but two keys, and they were on one 

strinif 
Q. Had you both keys? — A. Yes, sir; they were in a bunch of keys and I had 

them there. 
Q. The ballot box has been In the clerk's office ever since that election? — 

A. Yes, sir. 

Q. That was not your place of business where Mr. McClymont's office was? — 

A. No, sir ; I have no office. 



CARNEY VS. SMITH. 169 

Q. You haven't the seal to that ballot box, have you? — ^A. No, sir. 

Q. The clerk has the seal, hasn't he, that you used there? — ^A. I think so. 

Q. But the seal you used on the envelopes there that day, containing these 
election returns, the election clerk had there that morning? — ^A. I think so; he 
bad when he sealed the envelopes. 

Mr. Frankhauseb. Is it conceded that the vote canvassed was 207 for John 
M. C. Smith and for Claude S. Carney, 150, are the same figures as shown by 
these returns? 

Mr. Adams. That Is conceded. 

Q. I notice on Elxbibit 51, the statement book, the vote on that election that 
day that there have been some figures scratched out and some of the words 
describing the figures apparently changed — is not that true on i)age 1? 

Mr. Matnabd. We object to that as incompetent and immaterial. 

Q. That is, in the presidentitrl electors? — ^A. Yes, sir. 

Q. On the Republican ticket that appears in several instances, does it not? — 
A. Yes, sir. 

Q. The tally sheet book Exhibit 52 to which your attention has been directed 
several times, the tallies opposite the name of John M. C. Smith and opposite 
the name of Claude S. Carney are lead pencil entries, are they not? — ^A- Yes, 
■Ir; they are. 

Q. And the figures carried out in the column, "Total straight votes" and 
"Total split votes" and the total votes received opposite the names of John 
M. C. Smith and Claude S. Carney are written in in lead pencil? — ^A. Yes, sir. 

Recross-examination by Mr. Fbankhatjseb : 

Q. What is your business? — A. Well, I am supervisor of the township and 
I had an insurance business there; I sold out my business. 

Q. Of the members of the election board in politics, you were a Republican? — 
A. Yes, sir. 

Q. And Byron W. Bray, another inspector, was a Republican? — A. He is a 
Republican, but I think he voted for Roosevelt. 

Q. Mr. Wooster; what was he? — ^A. He was a Republican. 

Q. And Mr. McClymont? — ^A. He was a Republican but he voted for Mr. 
Roosevelt, or I heard him say he did. 

Q. And Mr. Margeson? — ^A. He is a Republican, but I think he voted for 
Roosevelt. 

Q. According to your best Judgment, three out of the five voted for Roose- 
velt?— A. Yes, sir. 

Q. The other two you think were Republicans? — A. Yes, sir. 

Q. And voted for the Republican ticket? — ^A. Yes, sir. 

By Mr. Matnabd: 

Q. Mr. McClymont when he went to his office he had the box in which the 
sealing wax and the election seals were and the appliances for election sup- 
plies? — ^A. Yes, sir. 

Q. When you got these prepared and completed as they now are, they were 
pat in enveopes and sealed with sealing wax that he had there, the election 
sopplies of that township? — ^A. Yes, sir. 

By Mr. Adams: 

Q. But they were not the seals you had used there in the voting place 
that day? — ^A. J am not sure about that; I could't swear to that; there were 
two or three seals around there. 

Q. Your township clerk didn't carry the seal, did he, that your election board 
used that day, in his possession, the one you used for sealing there on the 
boxes on election day November 5, 1912, he didn't have this, did he, your 
clerk? — ^A. I am not sure; I couldn't tell you about that; I never talked with 
Um about it and never paid any attention to it; I think that there were two 
or three seals about alike. 

Q. The clerk keeps some of them and somebody else keeps some of them? — 
A. I think the clerk has them, I don't know ; Mr. Bray had them. 

Q. Several men had those seals? — A. No, sir; I don't think so; I think 
perhaps the clerk has them, but I don't know ; that is no part of my business 
that I notice. I think I saw two or three seals in a little clgnr box he had 
them in, but I will not swear to that; I think two or three were in there. 

Q. You don't know whether those were the seals used election day or not; 
the same identical seals? — ^A. The same box was there and I think he had 



170 CABlirEY vs. SMITH. 

the same box the next morning, but whether all the seals were In there or 
not I don't know. 

Q. How far is Union City from CJoldwater, the connty seat of Branch County, 
Mich.?— A. It is about 13 miles they call it. 

Q. It Is located at the same place now as then — It has not been moved since? — 
A. No, sir. 

Q. You don't know of your own knowledge when the returns from tbat elec- 
tion got into the county clerk's possession at Coldwater, do you? — ^A. I don't 
know anything about it. 

Q. You were not here when they came In — A. No, sir; I don't know any- 
thing about that. 

By Mr. Matnard: 

Q. Do you know what course the mall takes from Union City to Cold- 
water? — A. Well, I think If you mail a letter at noon there it gets here the 
next morning. 

. April 20, 1913. 

WILLIAM J. BATBMAN, being sworn to testify to the truth, the whole truth, 
and nothing but the truth, testified on behalf of the contestant, as follows : 

Direct examination by Mr. Adams: 

Q. Mr. Bateman, you live where? — ^A. Dimondale, Windsor Township. 

Q. Did you live there on November 5, 1912? — ^A. Yes, sir. 

Q. You had been living there for some time, I take it, before that? — A. Always 
lived there. 

Q. Your age is what? — A. Forty-one. 

Q. Did you, on November 5, 1912, hold any official position in the county of 
Eaton, township of Windsor? — A. Supervisor. 

Q. You were supervisor of that township then on November 5, 1912? — ^A. Yes, 
sir. 

Q. As such supervisor you were a member of the election board at the elec- 
tion of November 5, 1912, in Windsor Township? — ^A. Yes, sir. 

Q. There was but one voting place In that township at that election? — ^A. Only 
one. 

Q. Who else acted on that election board at that general election? — A. Ray 
Burnett, clerk ; Frank L. Smith and L. G. Van Derbeck, justice of the peace. 

Q. Ray Burnett was township clerk? — ^A. Yes, sir. 

Q. Those three gentlemen, together with yourself, constituted the election 
board at that election? — A. Yes, sir. 

Q. The election board was made up of you four gentlemen? — ^A, Yes, sir. 

Q. How were the ballots used there at that election initialed? — ^A. As I now 
remember, I think 

Mr. Maynard. I object to that as Incompetent and immaterial and not the 
best evidence: it is not competent for any officer to give testimony to Impeach 
the ballots after the election has passed, and it is not rebuttal evidence, and 
there is nothing in the notice of contest to warrant the taking of any such 
testimony. 

Q. How were the ballots initialed? How were the ballots, if at all, initialed 
when handed to the voters at that election that day — ^how and in what place 
were they Initialed? » 

Mr. Maynard. The same objection. 

Mr. Adams. We will consent that you may have that objection to all this 
testimony without making it specially. 

Mr. Maynard. Without renewing, may it extend to all the testimony? 

Mr. Adams. Yes. 

The Witness. Why, as far as I can remember now, they were initialed on the 
upper left-hand corner. 

Q. There was n little comer on the ballot that was perforated?— A. Yes, sir. 

Q. And that perforation had the number of each ballot on?— A. Yes, sir. 

Q. The ballots that you had there and handed out to the voters were num- 
bered consecutively? — ^A. Yes, sir. 

Q. On these perforated corners? — ^A. Yes, sir. 

Q. Those initials were put on those i>erforated comers, were they not? 

Mr. Maynard. I will make the further objection that It is leading. 

Q. State where, on that ballot, the member of the election board who put 
the initials on the ballot— where did he put them on the ballot?— A. I think they 
were put on the perforated comer. 



r 



OABNBY VS. SMITH. 171 

Q. Who initialed the ballots that day?— A. Mr. Van Derbeok. 

Q. When those ballots were handed to the voter for marking, and when the 
Toter handed them In to be put in the ballot box, state whether the perforated 
comer of the ballot was or was not torn off before the ballot was put in the 
ballot box?-— A. It was. 

Q. Xow. when you came to count those ballots, did you assist In that 
work? — ^A. Yes, sir. 

Q. You may state whether or not there were any InitlalB on any of those 
ballots when you counted them; I mean now the initials the inspector put 
on? — ^A. Outside of the comer, do you mean? 

Q. Yes, sir. — ^A. I couldn't swear positively. 

Q. They were all initialed on the perforation? — A. I think they were. 

Q. Now, when those ballots were counted, did they or not have that per- 
forated corner on or had it been torn off? — ^A. It had been torn off. 

Q. With that perforated corner torn off there was no identification of the 
ballot at all. to identify it as having been a ballot that had been signed by any 
member of the election board? — ^A. It wouldn't show anything if torn off. 

Q. It would be on that iferforated corner that was torn off? — A. Yes, Bir. 

Q. At that election, I show you the statement book of the township of 
Windsor, Exhibit 82, statement book of the general election held on Tuesday, 
the 5th day of November, 1912, in the township of Windsor, county of Eaton ; 
is that one of the statement books that your board made up and signed of that 
election?— A. I think it is. 

Q. Is that your signature there on pnge 16? — A. Yes, sir. 

Q. To the certificate at the conclusion of that exhibit? — A. Yes, sir. 

Q. I call your attention to page 7 that is headed at the top of the page, 
" Statement of votes " ? — ^A. Yes, sir. 

Q. Will you Just read this part of it right here? — A. (Reading.) The whole 
number of votes given for Representative in Congress, third district, was 344. 
John M. C. Smith, 174 and Claude S. Carney 92, Levant L. Rogers 3, and 
Edward N. Dingley, 75; total votes^ 344. 

Mr. Adams. I offer Exhibit 82 in evidence. 

Mr. Maynabd. I make the same objection to that. 

Q. The number of the ballot each ballot voted there that day, and counted, 
the initials that had been put upon the ballot to identify the ballot, those 
you say were on that comer that had the perforation below the number and the 
hiltials?— A. Yes, sir. 

Q. Then when the voter passed his ballot up to be deposited in the ballot 
box that perforated corner with the number and the initials of the Inspector 
was torn off? — ^A. Yes, sir. 

Q. There was no other number on the ballot, no other initials on the ballot 
that you know of except those on that perforated comer? — A. No, sir. 

Q. Now those ballots when you got all through with your count at that elec- 
tion, what you do with them? — A. Placed them in the bnllot box. 

Q. Then what was done? — A. Sealed up and locked. 

Q. Do you known how long the ballots remained in the ballot box sealed up 
and locked? — ^A. Until the spring election. 

Q. Which was held when?— A. The 7th of April, 1913. 

Q. Who had the custody of the ballot box containing those ballots up to 
that April 7th, 1913, election?— A. The clerk of the township. 

Q. Ray Burnett is still clerk of your township? — A. No, sir; ho is not now; 
he was up until the spring election. 

Q. Did you act on the election board there In April? — A. No, sir. 

Q. You were a candidate for oflSce? — ^A. Yes, sir. 

Q. Do you know what was done with those ballots that you put in there 
November 5, 1912, finally, what became of them? — ^A. I supi>ose they were 
bume<l up election day. When we got organized we generally do anyway and 
I suppose they did those. 

Q. Do you know whether they are In existence or not? — A. I think they are 
burned up. 

Cross-examination by Mr. Maynard: 

Q. Was this the first time on November 5, 1912, that you ever sat on the 
board of election? — ^A. No, sir; not the first time. 

Q. How long have you been on the board? — ^A. Just elected chairman a few 
times and was treasurer and clerk once. 



172 CABNEY VS. SMITH. 

Q. For several years have you served on the election board? — ^A. I presume 
three or four times. 

Q. Where did you get those ballots you voted that day? — ^A. Of the clerk 
here. 

Q. The county clerk? — A. Yes, sir. 

Q. Were they the uniform ballots furnished by the county clerk during that 
election? — A. Yes, sir. 

Q. Were the other officers here from the different precincts present the same 
day you got yours, to get them for their precincts? — A. I don't remember 
whether there was anyone else here or not. The supervisor was up with me. 

Q. Have you ever been here to get the ballots before this election? — A. Not 
before that. 

Q. Somebody else got the ballots? — ^A. I was not supervisor; that was the 
first time I had been supervisor; that was the first chance I had to come and 
get them. 

Q. When you sat on the board any other time you were chosen to sit? — A. 
Yes, sir. 

Q. Those ballots were delivered by you to the board, were they, on November 
ft, 1912?— A. Yes, sir. 

Q. And opened there In the precinct? — ^A. Yes, sir. 

Q. Did soa>e oue initial each ballot as It was delivered to the voters that 
day? — ^A. Yes, sir. 

Q. Were you present all day at that election? — ^A. Yes, sir. 

Q. Did you stay to the count? — ^A. Yes, sir. 

Q. Do you know whether anyone voted there that day who was not legally 
entitled to vote at that election? 

Mr. Adams : I object to that as calling for the conclusion of the witness and 
as incompetent. 

A. No, sir. 

Q. What have you to say whether that was an honest, fair election? 

Mr. Adams. Objected to as incomi)etent and calling for the conclusion of 
the witness and not a statement of facts. 

A. It was. 

Q. When you counted up the ballots was there an honest count made of the 
ballots that were voted there that day? — A. Yes, sir. 

Q. Did John M. C Smith get credit for any more votes than he was enti- 
tled to at that election? — A. No. sir. 

Q. Did Claude S. Carney receive credit for all the votes cast for him at that 
election? — A. Yes, sir. 

Q. As far as you know every ballot that was handed out to voters that day 
was Initialed by one of the board of election inspectors?— A. Yes, sir. 

Q. And the vote recorded as the voter delivered it? — ^A. Yes, sir. 

Q. Then the ballot box was opened, and there was a square, honest count? — 
A. Yes, sir. 

Redirect examination by Mr. Adams : 

Q. Mr. Bateman, one question, those ballots that were marked in the way 
you have Indicated there that day were the only ballots at that election that 
had the different candidates' names on who were running for the office of 
Representative In Congress In the third congressional district? — ^A. Yes, sir. 

Q. Those were the only ones that had the candidates on for the office of 
Representative In Congress at that election? — A. I suppose that Is so, they 
were the regular ballots. 

Q. You didn't see but one ballot there, one ticket there, one sheet of paper, 
that had the different candidates on for State offices, county officers, and for 
the office of Representative in Congress? — A. Yes, sir. 

Q. Those were the ones that were marked In the way you have indicated?— 
A. Yes, sir. 

Q. Is that true? — ^A. Yes, sir. 

Mr. Maynard. The time having passed for the contestee to meet any of the 
evidence oCfered on this subject, we will add that to our objection made on the 
start 

Mr. Adams. We will consent now that you can answer It if you desire, even 
though the time is passed, we will give you a reasonable time in whi'ih to 
answer. 



CABNEY VS. SMITH. 173 

Cross-examination by Mr. Maynard: 

Q. I show you Exhibit 82 and ask you to state again the number ol votes 
that were given to John M. C. Smith for Member of Congress from the third 
congressional district, on the Republican ticket at that election? — ^A. One hun- 
dred and seventy-four. 

Q. Now I will turn to some of the other officers that were running for office 
on the Republican ticket in that precinct ; take the office of drain commissioner, 
how many candidates were running for the office of drain commissioner at that 
election? 

Mr. Adams. Objected to as incompetent, irrelevant, and immaterial. 

A. Two candidates. 

Q. Who were they? — ^A. Ernest Jj. Hunter on the Republican ticket, and 
Fred Milbum on the Democratic ticket. 

Q. How many votes did Mr. Hunter have, the candidate for drain commis- 
sioner, receive at that election on the Republican ticket? 

Mr. Adams. I object to it as irrelevant and immaterial, and if you will 
consent that this objection may apply to all questions you put of like character, 
with that understanding I will not object especially to every question. 

Mr. Maynard. We will concede that ; the same objection shall apply to each 
of these officers. 

Q. How many? — A. One hundred and eighty-two for Mr. Hunter on the 
Kepublican ticket. 

Q. For the office of county surveyor? — ^A. One hundred and eighty-three on 
the Republican ticket 

Q. For the office of coroner on the Republican ticket, how many men ran 
for that office?— A. Four. I think. 

Q. I mean on the Republican ticket?— A. Two, (ieorge E. Stokes and William 
6. Mlsner, one has 182 and one has 180. 

Q. Take the office of circuit court commissioner, how many candidates were 
there on the Rpj)ublican ticket? — A. Two. 

Q. Who?--A. John C. Nichols and Harry H. Hartrow. Nichols received 180 
and Hart row 1S2. 

Q. On the office of register of deeds, how many candidates were there on 
the RppuMican ticket? — A. One. 

Q. Who was he? — ^A. Mr. Robbins; he received 184 votes. 

Q. The office of prosecuting attorney, how many candidates were there on the 
Kt'pubJican ticket? — A. One; he received 184 votes. 

Q. That appears from this Exhibit 82 does it? — ^A. Yes, sir. 

Q. On page 10 at the top of the page, how many Candida ♦^^h wcmc there on the 
Republican ticket for county treasurer? — A. One; he rec'^fivod 18:t votes. 

Q. On page 9, how many candidates were there on the Republican ticket for 
Judce of proljate? — ^A. One; he received 208 votes. 

Q. Who was the other candidate on that ticket? — A. Mr. Davis. 

i). What tlckfet was he on? — A. The Democratic. 

Q. >Iow many votes did he receive? — A. Ninety-seven. 

Q. How many votes did the Republican candidate re'.*:^iic for tlio office of 
sheriff?— A. Mr. Storrs received 169 votes. 

Q. How nmny for the office of county clerk on the RepubJicau ticket? — A. Mr. 
Foid; 182 votes he received. 

Q. From an inspection of this record Exhibit 82 did John M. C. Smith 
receive as many votes as either of the candidates on the Republican ticket for 
the office of Judge of probate, county clerk, county treasurer, surveyor, or the 
dm in commissioner? 

Mr. Adams. Objected to as Incompetent and Immaterial and the conclusion of 
the witness. 

A. I don't think he received as many. 

Q. He receiver 174?— A. Yes, sir; and the others ran 180 or 182, along thera 

Redirect examination by Mr. Adams : 

Q. How many miles did you have to travel in coming here to give your testi- 
mony? — A. I think pretty nearly 12 miles. . 

Q. And 12 miles to get back? — ^A. Yes, sir. 

Q. You were a Republican on November 5, 1012, and was elected supervisor on 
the Republican ticket? — A. At the spring election, yes, sir. 

Q. Yon were elected in the spring of 1912 as supervisor of that township?— 
A. Yea, sir. 



74 CABNEY VS. SMITH, 

Mr. Maynard. I would like to ask the other side if they will concede that the 
contestee's answer was seived on Claude S. Carney in the city of Kalamazoo 
on the 3d day of February, 1913? 

Mr. Adams. It is admitted that the contestant served his notice of contest 
upon the contestee on January 8, 1913, and that the contestee served his answer 
to that petition uix>n the contestant on February 3, 1913. 

BAY BURNETT, being sworn to testify to the truth, the whole truth, and 
nothing but the truth, testified on behalf of the contestant as follows : 

Direct examination by Mr. Adams: 

Q. Mr. Burnett, your full name is Ray Burnett? — ^A. Yes, sir. 

Q. Your age is what? — A. I am 25. 

Q. You live where? — A. Dimondale, in Eaton County, Windsor Township. 

Q. How far did you travel to come here from your home to-day? — ^A. Twelve 
miles. 

Q. It is 12 miles back to your home? You have to go 12 miles to get back?— 
A. Yes, sir. 

Q. Were you or not a member of the election board 1^ the township of Wind- 
sor at the general election held in that township November 5, 1912? — Al. Yes, sir. 

Q. Did you at that time, and had you for several months before that date, 
held any official position in the township of Windsor? — A. I was clerk of the 
township. 

Q. You had been before that date elected clerk and qualified and were you on 
that day acting as clerk of the township of Windsor? — ^A. Yes, sir. 

Q. Were you a member of the election board November 5, 1912, at the general 
election in that township l)eiug held in this State? — ^A. Yes, sir. 

Q. Do you know who initialed, if anybody did, the ballots on which the can- 
didates' names for the office of Representative in Congress was printed at that 
election day? 

Mr. Maynard. This is all taken subject to our objection. 

Mr. Adams. Yes; it may be so understood that the objection that was made 
to the testimony of Mr. Bateman when on the witness stand may apply to the 
testimony of this witness or any other witness we offer to-day with like effect 
as if counsel made the objection to the several questions propounded. 

Q. Who did? — A. Mr. Van Derbeck, the justice of the jieace. 

Q. He was a member of the election board that day? — A. Yes, sir. 

Q. Was Mr. Bateman also a member of the board? — A. Yes, sir. 

Q. And Mr. F. L. Smith?-— A. Yes, sir. 

Q. Mr. Van Derbeck and Mr. Bateman were members of that election 
board? — A. Yes, sir.* 

Q. Now, can you state at what particular place on those ballots the InitiaU 
were written? — A. Yes, sir. 

Q. Where? — ^A. In the upper left-hand corner. 

Q. Was that corner any different from any other corner of that ballot? — A. It 
was perforated. 

Q. What was the size of that perforation? — ^A. I suppose there was a number 
on there. 

Q. Those ballots that you had out there that day were numbered consecu- 
tively, were they not? — A. Yes, sir. 

Q. Those ballots had been furnished your election board by the county clerk 
' of the county of Eaton? — ^A. Yes, sir. 

Q. To be used by your board for the voters who wanted to vote? — A. Yes, sir. 

Q. Now, the numbers that were on those ballots were printed on there when 
the ballots were placed in the hands of the election board, were they not? — 
A. Yes, sir. 

Q. The board did not put those numbers on? — ^A. No, sir. 

Q Those numbers were nearer the corners than the perforations? — ^A. Yes, sir. 

Q. Now, when the voter got his ballot there that day the different voters that 
voted there that day, from the election board, state whether the corner of the 
ballot which had the perforation across the conier was indicated the number of 
the ballot when the voter received the ballot? — A. Yes, sir; it was. 

Q. After the" voter had brought his ballot to the board and handed it in to be 
deposited in the ballot box what. If anything, did your board do with that per- 
forated corner? — ^A. Tore it off. 

Q. Then after tearing off the perforated comer which contained the Initials 
and number of the ballot state whether there was any proof left anywhere on 



OABNEY VS. SMITH. 175 

that ballot of any initials on the ballot when the various ballots were put In 
the ballot box. — ^A. I didn't see any. 

Q. When you counted those ballots, when they were counted, rather, by the 
board after the polls closed, were those perforated corners a imrt of the ballot 
or were they not? — ^A. They were not 

Q. That was no part of those ballots you counted? — A. I didn't see any. 

Q. Were there any initials on the ballots you counted? — ^A. I didn't see any. 

Q. Was there more than one ballot there that day which contained the names 
of the Representatives for Congress — the different candidates? — ^A. Just one. 

Q. I mean one form of ballot Of course, you had — there were — do you know 
how many ballots were cast there that day, all told, that contained the names 
of the different candidates for the various offices voted for at that election, 
about how many ballots were cast, deposited in the ballot box? — A. I don't 
know just the number. 

Q. Does that book refresh your recollection any? — A. Yes, sir. 

Q. Can you $)tate about how many ballots there were voted there that day 
for the candidates for Congress? — A. No, sir; I don't remember. 

Q. After you got through counting the ballots do you know what was done 
with those ballots on which these different caadidates for Rei^resentatives In 
Congress were printed? — ^A. They were put in the ballot box. 

Q. What was done with the ballot box? — ^A. It was sealed and locked. 

Q. Then what was done with the box? — A. It was taken over to my house. 

Q. Did you retain it as township clerk? — A. Yes, sir. 

Q. How long did you retain it with those ballots in it locked up and sealed, 
as you have indicated? — ^A. Until thfs spring. 

Q. What time this spring? — A. The general election this spring, the 7th of 
April. 

Q. The first Monday in April of this present year? — ^A. Yes, sir. 

Q. From the time that ballot box was locked, when your board got through 
counting those ballots, those ballots in question were in that ballot box up to 
the April 7, 1913, election. Do you know, of your own knowledge, whether that 
ballot box was opened between those two dates? — A. It had not ; no, sir. 

Q. What was done with those ballots that were put in there November 
5, 1912? — A. They were kept there until they were oi)ened up on the 7th. 

Q. Then what was done with them? — A. I think they were burned. 

Q. Did you use that ballot box for the votes that were cast at the Ajnil 7, 
1913, election in that township? — A. Yes, sir. 

Q. Did you see an effort being made to burn those ballots? — A. I saw them 
In the stove; yes, sir. 

Q. Do you know whether there are any of those ballots In existence now, of 
your own knowledge? — ^A. None that I know of. 

Q. Where did you see an effort being made to burn them? — ^A. In the hall 
where the election was held. 

Cross-examination by Mr. Maynard: 

Q. Those ballots that you say the voters used there on the 5th day of Novem- 
ber, 1912, were called the official ballots? — A. Yes, sir. 

Q. Did that official ballot have all the names of all the officers of ail the 
parties that were used there at that election? — A. Yes. sir. 

Q. Did you see tliose ballots when opened there that morning? — A. Yes, sir. 

Q. Do you know where they came from — where the ballots came from? — 
A. Mr. Bateman brought them there. 

Q. What sort of a package were they in? — A, la a sealed package. 

Q. He brought them there to the polls? — A. Yes, sir. 

Q. They were opened up there, were they? — ^A. Yes, sir. 

Q. Who was the unused ballots given to? — A. They were put In the ballot 
box. 

Q. On the morning of the election? — A. They were put in with the rest of 
them. 

Q. That was at night?— A. Yes, sir. 

Q. I mean in the morning, when you started to vote, who had charge of the 
unused ballots? — A. The justice of the peace. 

Q. The one who initialed the ballots? — A. They were all of them In there. 
They laid on a table. 

Q. They had a table there to put those ballots on? — ^A. Yes, sir. 

Q. Who unrolled them? — A. Mr. Van Derbeck. 



176 CARNEY VS. SMITH. 

Q. When they delivered those ballots to the officer with the Initials on did 
they call to you the number of the ballot that was issued? — ^A. Yes, sir. 

Q. Who assisted you in keeping tally there as clerk? — A. R. R. Underwood. 

Q. He held that office? — A. Yes, sir ; he was clerk. 

Q. He was selected by the board and acted as clerk of that board? — ^A. Yes, 
sir. 

Q. At that election?— A. Yes, sir. 

Q. When they called the numbers of the ballots what did the clerks do?— ^A. 
They wrote their names down. 

Q. Wrote down the names of the men the ballots were delivered to? — ^A. 
Yes, sir. 

Q. And put down the number of the ballot? — A. Yes, sir; they didn't put down 
the number of the ballot. 

Q. The number was printed, was It not? — A. Yes, sir. 

Q. The number of the voter was called? — ^A. Y'es, sir. 

Q. Who did that?— A. Mr. Bateman. 

Q. He was the supervisor of the township at that time? — ^A. Yes, sir, 

Q. So when these ballots were delivered to the voters, as you understand It, 
they were initialed by one of the justices of the peace? — ^A. Yes, sir. 

Q. Mr. Van Derbeck? — A. Yes, sir. 

Q. When he had prepared his ballot in the booth he passed through to Mr. 
Bateman, the supervisor, and delivered the ballot to him to be deposited in 
the box? — A. Yes, sir. 

Q. Which side of the booth were you sitting? — A. The left-hand side. 

Q. As you went in? — A. As you went in the booths. 

Q. They went in on the right-hand side of the gate — of the booths?— A. 
Yes, sir. • 

Q. And received a ballot and went through the booths and came out on the 
same side you were sitting? — A. Yes, sir. 

Q. Mr. Adams asked you if you knew whether all the ballots that were 
voted there — whether you knew of your own knowledge that the comer was 
torn off with the initialing of each ballot; is that true, witness? — ^A. I think 
they were; sure. 

Q. You could see that all, could you, and did? — A. Yes, sir; he stood In 
front of me. 

Q. Did you look at each ballot to see? — ^A. I didn't take particular pains to 
look at each one. They were supposed to be torn off. 

Q. You don't know It, do you, of your own knowledge? — ^A. I couldn't say 
that I saw every one of them torn off. There was none found on there when we 
counted the ballots. We found no corners on them when we counted them. 

Q. Did you look for that? You didn't see them all when you counted them?— 
A. No. sir. 

Q. You kept tally, didn't you?— A. Yes, sir. 

Q. It was a very long ballot — lots of names on It? — ^A. Yes, sir. 

Q. You had all you could do to keep tally, didn't you? — ^A. Yes, sir. 

Q. You kept it straight, didn't you? — ^A. I did my best to; yes, sir. 

Q. You think it was an honest, straight count, do you? — ^A. Yes, sir. 

Q. Were all the candidates given the correct count of the votes cast there for 
them that day?— A. I think they were. 

Q. Tlds was not your first experience on the board? — A. I have been ap- 
pointed two or three times. 

Q. You are acquainted there, bom and brought up In that township?— A 
Yes, sir. 

Q. You are acquainted with the people?— A. Yes, sir; quite well. 

Q. Tt was a good, quiet election, was It not — no trouble at the polls?— A. 
No, sir. 

Q. As far as you know. It was an honest election? — ^A. Yes, air. 

Q. Wi*ness, as far as you know, there was no ballot handed to any voter to 
be voted but what wvh initialed by Mr. Vanderbeck before he received it?— A. 
As far as I know; yes, sir. 

S. G. VANDERBECK. being sworn to testify to the truth, the whole truth, 
and nothing but the tmth, testified on behalf of the contestant as follows: 

Direct examination by Mr. Adams: 

Q. Mr. Vanderbeck, your Initials are what? — A. S. G. 

Q. You live in Windsor Township, county of Baton? — ^A. Yes, sir. 



OABKEY YB. SMITH. 177 

Q. How far from Obarlotte?— A. We call it 12 miles. 

Q. So you liave traveled miles in coming here to-day and will have to travel 
12 mUes to get back home? — A. Yes, sir. 

Q. November 5, 1912, did you fill any official position in the township of 
Windsor?-— A. Yes, sir. 

Q. What? — ^A. Justice of the peace. 

Q. You had been justice of the peace in that township up to and including 
that date for about how long? — A. A little over 10 years. 

Q. So you were a member of the election board at the November 5, 1912, gen- 
eral election that was held in the township of Windsor? — ^A. I was. 

Q. What did you do In the way of looking after the ballots while the vote 
was being taken down there that day? — ^A. I initialed them. 

Q. There was but one ballot at that election in that township that day that 
had the names of the candidates on? — ^A. I think so. 

Q. That was a large ballot and had all the State officers and county officers 
and the different candidates for Representatives in Congress from the third 
congressional district printed on one and the same ballot? — A, Yes, sir. 

Q. That ballot was the official ballot, was It not? — ^A. Yes, sir. 

Q. And was furnished by the county clerk of Eaton County to your super- 
visor?— A I suppose It was. 

Q. State whether one comer of that ballot had a perforated line across it. — 
A It did; yes, sir. 

Q. About how much was left above the perforated comer of that ballot, where 
it was perforated? — ^A. Why, an inch to an inch and a quarter, maybe. 

Q. State whether or not that ballot that you handled there that day had 
printed numbers on that perforation nearer the comer than the perforated 
line.— A. Nearer the comer than the i)erf orated line? 

Q. Yes. — ^A. Yes, sir. 

Q- Those numbers were consecutive numbers, were they not? That is, you 
had a certain number of bnllots there that day for election purposes and they 
were numbered consecutively, were they not? — ^A. Yes, sir. 

Q. You did all the initialing that was <lo:i<j that day, did you? — A. I think so. 

Q. Whose initials did you use or write on the l>allot? — ^^V. My owa. 

Q. Where on those different ballots did you write your initials? — ^A. On the 
upper left-hand corner of the backside. 

Q. On the backside of the ballot? — ^A. Yes, sir; where there was no print- 
ing on. 

Q. Where, with respect to that perforated line? — ^A. Above the perforated line. 

Q. Do you mean nearer the comer than where the perforated line was? — ^A. 
Yes, sir. 

Q. Those ballots were numbered on that perforated comer and your initials 
were there and they handed one to each voter as he came in to vote? — ^A. 
Yes, sir.. 

Q. Then the ballot when the voter got it marked was handed to one of the 
election board? — A. To the chairman. 

Q. What was done, if anything, in reference to that perforated comer before 
it was put in the ballot box? — ^A. I suppose it was torn off. 

Q. You understood that was what the law required to be done? 

Mr. Maynard. I object to what he understood. 

(Xo answer.) 

Q. If the comers were torn off the various ballots voted there that day, state 
whether that tore off the number of the ballot and also the initials you had 
put on.— A. I think it did. 

Q. Did you initial any of those ballots at any other place than the place you 
have Just indicated? — ^A. No, sir. 

Q. Now, were you there when the ballots were countetl? — A. Yes, sir. 

Q. Did you notice whether any of those perforated comers were on any of 
those ballots that had been put into the ballot box? — A. They were not 

Q. They were all torn off, were they?— A. Yes, sir. 

Q. There were no numbers on the ballots when you counted them? — ^A. No, sir. 

Q. None of the initials on those ballots when you counted them were on? — 
A No, sir. 

Q. That is correct, is it?— A. Yes, sir. 

Q. There were no initials of any kind on the ballots when you counted them, 
on the back of them? — A. I don't think there were; there was not supposed 
to be. 

285—13 12 



178 CARNEY VS. SMitH. 

Q. What was done with those ballots that were counted there that day for 
Representative In Congress for the different candidates, when you completed 
your count and got through and ready to adjourn? — A. They were put In the 
ballot box and locked and sealed up. 

Q. The box was locked and sealed up? — A. Yes, sir. 

Q. Did you or not act on the election board at the spring election, April 7, 
1913, in that township?— A. I did. 

Q. Do you know whether there were any ballots in the ballot box when you 
got ready to begin your election April 7, 1913, in Windsor Township, when you 
got ready there, did you see any ballots? — A. The box was emptied whai we 
got ready to begin the election. 

Q. Did you see that ballot box unlocked on the morning of April 7, 1913?— A. 
Yes, sir. 

Q. What was in it?— A. Why. the used and not used ballots and the comers 
off those ballots that had been used. 

Q. Were those ballots that you have just been talking about in your last 
answer that had been used there voted there at that election of November 5, 
1912?— A. Yes, sir. 

Q. What was done with those ballots that you took out of that ballot box be- 
fore you began your election on the 7th of April, 1913? — ^A. They were burned up 

Cross-examination by Mr. Matnard: 

Q. Did you see them burned? — A. I did. 

Q. When you locked this box up last November, who locked it? — ^A. Mr. 
Batemau, I think. 

Q. Are you sure about that, or are you just guessing about it? — ^A. I am sup- 
posed to carry the key. 

Q. Do you know who locked it? — A. No, sir. 

Q. You don't know that it was locketl, of your own knowledge? — ^A. I do. 

Q. How do you know?— A. I saw It locked. 

Q. Who did you see lock it? — A. I couldn't tell you, 

Q. Did you have tlie key? Did j'ou seal it? — A. I sealed it. 

Q. How did you seal it? — A. By putting the township seal on some hot wax 
melted onto the cloth that covered up the hole. 

Q. What did you do with the key? — A. Took it home with me. 

Q. Have you got the key yet? — A. I have not. 

Q. Do you know^ who took the key? — A. No; I don't know who has got the 
key. 

Q. Witness, you initialed those ballots, did you, thinking you were obeying 
the law when yon Initialed them in the upper left-hand corner? — ^A. I did. 

Mr. Adams. I object to that as incompetent, irrelevant, and immaterial. 

Q. You were acting in good faith in putting the initials there? — ^A. Yes. sir. 

Q. You supi)osed that was the lawful place? — A. Yes, sir. 

Q. Had you acted in that capacity before? — A. Yes, sir. 

Q. How many times had you ever acted? — A. I couldn't state. 

Q. For 8 or 10 years you have been acting In that capacity? — ^A. No, sir. 

Q. How long, several years? — A. Well, I couldn't tell you just how many, but 
I know I put my initials on l)efore that. 

Q. You have been in the habit, haven't you, of putting your Initials above the 
perforated line instead of below? 

Mr. Adams. Objected to as irrelevant and immaterial. 

A. Yes, sir. 

Q. You have been acquainted with the people there in the township of Wind- 
sor for a great many years? — A. Yes, sir. 

Q. Bom and brought up there? — A. I was not born there. 

Q. You have lived there a good many years? — A. Yes, sir. 

Q. You are acquainted with the i)eople? — A. Yes, sir. 

Q. Ten years you have been justice of the peace, haven't you? — ^A. I think it 
will be the 4th of July. 

Q. You could not run for that office and be elected without being a R^ub- 
lican and well known, could you, and known to be an honest man? — ^A. Not very 
handy. 

Q. Now. witness, was that an honest election? 

Mr. Adams. Objected to as incomi)etent and immaterial. 

A. Yes, sir. 

Q. Do you know of anything being done there that in any way hindered 
the voters from voting for the candidates they desired to vote for throughout 
the day? — ^A. I did not. 



CABNEY VS. SMITH. 179 

Mr. Adams. I object to that as incompetent and Immaterial. 

Q. Did you assist in counting up the ballots? — ^A. Yes, sir. 

Q. At the closing of the polls? — ^A. Yes, sir. 

Q. Was there an honest count made? — ^A. I think so. 

Q. Did Claude S. Carney receive all the votes that were cast for him at 
that election in that precinct?— A. I believe he did. 

Q. Did John M. C. Smith receive any more than were cast for him at that 
election in that precinct?— A. I don't think he did. 

Q. Did you deliver the votes or did Mr. Smith? — A. I delivered them. 

Q. Witness, you initialed every ballot that was handed to voters that day; 
you know that?— A. Yes, sir. 

P. L. SMITH, being sworn to testify to the truth, the whole truth, and noth- 
ing but the truth, testified as follows : 

Direct examination by Mr. Adams: 

Q. Mr. Smith, your initials are F. L.? — A. Yes, sir. 

Q. You live in Windsor township? — A. Yes, sir. 

Q. Your age is what? — ^A. I am 54. 

Q. You have lived in that township for quite a number of years? — A. Yes, 
sir. 

Q. Did you on November 5, 1912, hold any official position in the township 
of Windsor? — ^A. Yes, sir. 

Q. What was it? — ^A. Justice of the peace. 

Q. How long had you been justice of the peace up to that date, including 
that day? — ^A. Two or three yeara 

Q. By virtue of your office as justice of the peace in that township you were 
qualified under the statute and became eligible to be a member of the election 
board? 

Mr. Maynabd. I object to that as calling for the conclusion of the witness 
and as leading. 

Q, You were a member of the Section board? — ^A. Yes, sir. 

Q. November 5, 1912, in Windsor township? — A. Yes, sir. 

Q. And acted as such on the board? — ^A. Yes, sir. 

Q. From the time the polls opened until the work of that board was com- 
pleted?— A. Yes, sir. 

Q. Mr. Bateman, Mr. Burnett, and Mr. Vanderbeck were associated with 
you as members of the election board thnt day? — A. Yes, sir. 

Q. How far did you travel in coming here to-day? — A. About ten miles and 
A half. 

Q. You have to travel back ten miles and a half to your home? — ^A. Yes, sir; 
I exDect so. 

Q, Well, Mr. Smith, now, who, if anybody, Initialed the ballots there that 
day at that general election? — X. Mr. Vanderbeck. 

Q. Did anybody else Initial any ballots there that day that you know of? — 
A. No, sir. 

Q. What did you do while the voting was going on? — A. I took down the 
names and the numbers wh«i they came out. 

Q. Mr. Bateman did what? — ^A. He put the ballots in the box. 

Q. Received them from the voters?— A. Yes, sir. 

Q. You may state whether you noticed Mr. Bateman tear the perforated 
comer off the ballots before they were put into the ballot box. — ^A. I think so. 

Q. What was done with those perforated corners that were torn off? — A. 
They were put in another box. 

Q. What did Mr. Burnett do while the voting was going on? — A. He was the 

clerk. 

Q. Did you notice where those ballots were initialed— what part of the 
ballot? — ^A. Not particularly at the time. 

Q. Did you afterwards? — ^A. Why, no; I don't know as I did particularly. 

Q. Did you look at any of those comers that were torn off at any time? — A. 
Not to notice them ; no, sir. 

Q. Now, you were there when they counted the ballots that day? — A. Yes, sir. 

Q. Did you notice whether there was one corner of each ballot torn otl when 
you counted, that is, that had been torn off? — A. Yes, sir. 

Q. Were there any numbers on those ballots that you counted that had been 
voted?— A. No, Bir. 



180 CARNEY VS. SMITH. 

Q. Every ballot that had been voted, the number that was on the back of the 
ballot had been torn off before putting It in the ballot box? — ^A. Yes, sir. 

Q. Did you notice whether the Initials of Mr. Vanderbeck were on the back 
of any of those ballots that you counted? — A. I didn't see any. 

Q. Were you a member of the election board at the spring election held In 
that township on April 7, 1913?— A. Yes, sir. 

Q. Do you know what was done with the ballots that were voted November 
6, 1912, when your board got there with this work at that time?— A. They were 
put In the stove and burned up. 

Q. When? — A. In the morning before we commenced to vote. 

Q. They were put in the stove that day?— A. The 7th of April, 1913. 

Q. When you got through with your work on the night of November 5, 1912, 
what did you do with those ballots that had been voted on that day? — ^A. Put 
them in the ballot box. 

Q. What was done then? — A. They were locked and sealed. 

Q. You next saw those ballots, you say, on April 7, 1913? — ^A. Yes, sir. 

Q. When your election was held In that township? — A. Yes, sir. 

Q. Did you see that same — use that same ballot box there April 7, 1913? — ^A. 
That was the only one w^ had ; we used all we had. 

Q. On April 7, 1913, did you open up this ballot box you had used there 
November 5, 1912? — A. Yes, sir. 

Q. Was it or not locked and sealed when your board met there to hold the 
election April 7, 1913?— A. It was. 

Q. Did you see It unlocked? — A. Yea, sir. 

Q. State whether you saw the ballots taken out of that box. — ^A. I did. 

Q. Were those the same ballots that were taken out there April 7, 1913, that 
were put in there the night of November 5, 1912? — ^A. I didn't look at them. 

Q. You say you saw them burned? — ^A. Yes, sir; I saw them burned. 

Cross-examination by Mr. Matnabd: 

Q. Do you remember who burned them? — ^A. I couldn't say. One of the 
appointed men, I think, burned them, but I am not sure. 

Q. Who was appointed? — A. Mr. Murphy was appointed chairman, and Mr. 
Bateman was clerk, and another man was assisting there. 

Q. Now you say that you handed the ballots out? — ^A. No, sir. 

Q. Didn't you hand the ballots to the voters? — ^A. Yes, sir. 

Q. Who did that?— A. Mr. Vanderbeck. 

Q. What did you do? — A. I wrote down their names and took the numbers 
of the tickets. 

Q. On the tally book? — A. No, sir; on a list separate, checked them as they 
voted. 

Q. You took down the names of the men to whom the ballots were delivered 
with the number of the ballot? — A. Yes, sir. 

Q. The ballots were numbered from one up, consecutively? — ^A. Yes, sir. 

Q. Then when they i>assed through the booths and presented their ballots 
there, did you check them off — did they call out the number?— A. Yes, sir. 

Q. So you would know tliat It was the same ballot they received? — ^A. Y^s, sir. 

Q. That Is the part you took in the election? — A, Yes, Blr. 

Q. How long have you been a resident there In the township of Windsor? — 
A. Upward of 40 years. 

Q. You are acquainted with the people who voted there, are you not? — ^A. Yes, 
sir; to quite an extent. 

Q, Was It an honest election? — ^A. Yes, sir. 

Q. Did you help count up? — ^A. Yes, sir. 

Q. It was an honest count, was It not? — A. Yes, sir. 

Q. Claude S. Carney, you think, got all the votes credited to him that were 
cast for him at that election? — A. Yes, sir; all we could find. 

Q. Did John M. C. Smith get any more than were cast for him by the 
voters? — A. No, sir. 

Q. Witness, when that ballot was handed to the voters that day were tliey 
initialed before that by Mr. Vanderbeck, the justice of the peace? — ^A. Yes, sir. 

Q. Then, as far as you knew, they went to the booths and marked their bal- 
lots and folded them up; they came out and delivered them to Mr. Bateman, 
who was the supervisor and chairman of the board, to be deposited in the 
ballot box? — ^A. Yes, sir. 

Q. As far as you know, that ballot was intact just as It had been initialed by 
Mr. Vanderbeck when handed to Mr. Bateman? — A. Yes, sir. 



OABNEY VS. SMITH. 181 

Redirect examination by Mr. Adams: 

Q. Yon were a Republican at the time of the November 5, 1912, election? — 
A. Yes, sir. 

Q. Mr. Vanderbeck was a Republican? — ^A. I couldn't say. 

Q. He was elected on the Republican ticket as justice of the peace? — ^A. Yes, 
sir. 

WILLIAM J. BATEMAN, recalled for further cross-examination by Mr. May- 
nard, testified as follows: 

Q. Mr. Bateman, did every voter who voted there that day present to you 
a ballot on which were the names of the candidates for the several ofllces voted 
for were printed — did he present to you a ballot with the initials of Mr. Van- 
derbeck on the comer when he handed It to you? — ^A. He did; yes, sir. 

Q. When you received that ballot from the voter what was the first thing 
you did? — ^A. Tell the man's name and number and tore ofl! the comer of it. 

Q. The number of his ballot? — A. Yes, sir; and tore the corner ofl!. 

Q. The voter had nothing to do with tearing the comer off? — ^A. No, sir. 

Q- After you tore the corner off you voted It after It came into your hands 
after the voter got through with it? — A. Yes, sir. 

Q. When you did that did you do that In good faith? — ^A. Yes, sir. 

Q. Did you think at the time it was the law that the initials should be 
placed above the perforated line, or below? 

Mr. Adams. Objected to as imcomi)etent and immaterial. 

A. I did. 

Redirect examination by Mr. Adams : 

Q. Now, Mr. Bateman, I thought perhai>8 you did not understand the question. 
Now, at the time that you discovered that the initials were put on the perfor- 
ated comer of the ballot that day while the election was in progress, you were 
rather surprised yourself, you thought it was wrong to put the Initials there? — 
A. I didn't know exactly which place it was, but the older members of the 
board said that was right. 

Q. You thought it was not right? — ^A. I did at the time, Just as far as I knew. 

Q. You were a new member of the board? — ^A. Yes, sir. 

Q. Did you give way to the Justice of the peace who had been on the board 
for some years before? — ^A. Yes, sir. 

Recross-examinatlon by Mr. Maynabd: 

Q. You didn't know what the law was, did you? — A. Not exactly; no. 
Q. You have found out since, haven't you? — ^A. Yes, sir. 
Q. But at that time you acted in good faith, supposing you were doing it 
bonestly and as the law required? — ^A. Yes, sir; I read the law part way down. 

Redirect examination by Mr. Adams : 

Q. I call your attention to. page 55 of the revision of 1911, State of Michigan, 
laws relating to elections, paragraph 159, section 3632; you didn't know that 
was the law there that day? — A. No, sir. 

Q. On November 5, 1912?— A. No, sir. 

Q. I show you page 61 of this same law ; you did not know on November 5, 
1912, when you were on that election board that there was such a provision as 
that in the statutes of the State of Michigan as section 367? — A. Yes, sir. 

Q. Did you know that there was such a statute as that on November 5, 
1912?— A. I did. 

Q. Did you know on* November 5, 1912, when on that election board when you 
were counting the ballots that there was any such a provision as that con- 
tained in section 173, pages 62 and 63, of this book, revision of 1911 of the 
State of Michigan laws relating to elections? — A. I didn't understand it 
exactly that way ; no, sir. I thought it was simply on the corner. 

Recross-examinatlon by Mr. Maynabd: 

Q. As far as your exi)erience In elections go in that township, your board and 
yonrself had been getting the matter straightened out about where you should 
mark the ballots at the last April election, didn't you ? 

Mr. Adams. Objected to as Irrelevant and immaterial. 

Q. I mean putting the initials of the inspectors on the backs of the ballots? 

Mr. Adams. The same objection. 

A. That was last election we got it straightened out. 



182 CAKNEY VS. SMITH. 

Q. Before the board of election? — ^A. Yes, sir. 

Q. Then yon got it straightened out and they were all initialed below the 
perforated comer? — ^A. Yes, sir. 
Q. Before that they were initialed above the perforated comer? — ^A. Yes, lir. 

• Redirect examination by Mr. Adams : 

Q. There was no chance for anyone to see what had been done as far as 
initialing those ballots were concerned while those ballots were in the ballot 
box on April 7, 1913, without opening that ballot box, was there? — ^A. No. 

Mr. Maynabd. Objected to as leading. 

Recross-examination by Mr. Matnabd : 

Q. Was there anything done by your board after the Noyember election trying 
to secrete the manner in which you initialed the ballots at that election? — A. 
No, sir. 

Q. Was there any question in your mind but what you had conducted that 
election strictly according to law? 

Mr. Adams. Objected to as incompet«[it and immaterial. 

A. No, sir. 

Redirect examination by Mr. Adams. 

Q. Did Mr. Carney come to see you about this matter, Mr. Bateman? — ^A. He 
was to the store there one day. 

Q. How long ago? — ^A. I presume a couple of weeks or three weelus; I don't 
just remember exactly now. 

Q. That was the first time he was there to see you about it? — A. Yes, sir. 

Q. Then you members of the election board liad not commented upon what 
had occurred there on election day as far as initialing those ballots above that 
perforated comer was concerned? — A. No, sir. 

Q. You kept it quiet? — ^A. We didn't say anything about it 

Q. You kept it quiet, didn't you? — ^A. We didn't keep quiet 

Q. There had been no talk about it? — ^A. No, sir. 

Q. That was the 18th of April that Mr. Carney came to see you aboat It^-* 
A. Not a great while ago I know. 

Q. Last week? — A. I don't remember just when it was. 

Q. It was last week, was it? — ^A. Not a great while ago; I couldn't say 
whether one week or two. 

Recross-exam {nation by Mr. Maynard. 

Q. You have been asked if you did not keep that quiet or whether you were 
not advertising it; have you had a thought that there was something wrong 
about it ; do you know of anything In your own mind that would cause such a 
remark to be made to you? — A. No, sir. 

Q. Was it talked one way or the other; anything said about that, about your 
having marked the ballots wrong, until after this contest began? — ^A. No, sir. 

Redirect examination by Mr. Adams. 

Q. That was after we commenced taking testimony here you first talked about 
it? — A. I think it must have been; that was some little statement in the paper, 
that was all. 

Q. Then you talked al)Out the matter among the members of the board? — A. I 
don't know that I talked with the board about it at all. 

Q. I mean the members of the elect iton board? — A. We might when the voting 
was going on. 

Q. That is the only place you did talk about it? — ^A. Yes, sir. 

R. G. VAXDERBEOK, recalle<i. testified further on behalf of the contestant, 
as follows: 

Examined by Mr. Adams. 

Q. Do you remember the day or what time Mr. Sowers came over to see you — 
an attorney here in Charlotte — came first to see you about this matter we have 
been talking about? — A. On I»>iday. 

Q. What week? — A. I know it was Friday because my wife was not home. 

Q. You think it was Friday of last week? — A. I couldn't tell; It was not last 
week. It was on Friday that Mr. Sowers came there; my wife was not at 
home Friday and she was Saturday. It must have been a week ago last 
Friday. 



CABNEY VS. SMITH. 188 

Q. Did he come to see yon about what you knew about those ballots haying 
been perforated in the manner you have testified about? — A. He did not state it 
that way. 

Mr. M.\YiVA]a>. I move to stril^e out the testimony already given as hearsay. 

Q. Did anyone come to see you with reference to the matter — the manner is 
which the ballots had been initialed at that November 5, 1912, election in the 
township of Windsor?— A. A week ago last Friday. 

Q. He came to see you? — ^A. Now, a man came down there; he did not give 
me his name, but when I was down to Dimondale a night or two after that 
they told me his name was Sowers. 

Q. That was the first that anybody had come to see you about it?— A. ^ea, sir. 

Q. That was a week ago last Friday?— A. Yes, sir. 

Q. You did not see Mr. Carney that day? — ^A. No, sir. 

RAY BURNETT, recalled, testified further on behalf of the contestant as 
follows : 

Examined by Mr. Adams : 

Q. Do you know Claude S. Carney, the contestant in this matter? — A. Yes. 
sir. 

Q. Did you see him at Dimondale, in Windsor Township, a short time ago? — 
A. Yes, sir. 

Q. About how long ago did you see him last over there? — ^A. I think it was 
two weeks or a we^; somewhere around there; I couldn't state the date 
exactly. 

Q. Do you know who was with him at the time, if anybody? — ^A. Mr. Sowers, 
I think. 

Q. A short man? — ^A. Yes, sir. 

Q. Did you have any talk with Mr. Carney then with reference to the manner 
in which the ballots had been initialed on election day, November 5, 1912, in 
the township of Windsor? — ^A. Together with Mr. Carney and the other man. 

Q. In Mr. Carney's presence? — ^A. Yes, sir. 

Q. Was that the first talk you had with Mr. Carney or Mr. Sowers or any- 
body in Mr. Carney's presence in reference to that matter? — ^A. Yes, sir. 



Apbtl 30, 1918. 

HABRIET MARSH, being sworn to testify to the truth, the whole truth, and 
nothing but the truth, testified on behalf of the contestant as follows : 

Direct examination by Mr. Adams : 

Q. Miss Marsh, you live in the city of Kalamazoo? — A. Yes, sir. 

Q. And have lived here, I suppose, some time? — ^A. Five or six years. 

Q- Are you engaged in any work? — ^A. Yes, sir. 

Q. Have you been connected with the Normal School? — A. No, sir. 

Q. Are you a member of the board of education of Kalamazoo? — A. Yes, sir. 

Q. How long have you been a member of that board — elected as a member of 
that school board? — A. I was elected a member of that board. 

Q. Were you in attendance at the voting place of the seventh precinct of the 
third ward of the city of Kalamazoo at the general election held in this city 
on the 5th day of November, 1912? — ^A. Yes, sir. 

Q. You were there at the election place for what purpose that day? — A. I was 
there, I presume, to sort of remind people that the question of woman suffrage 
was up. 

Q. You were interested in the suffrage movement? — A. Yes, sir. 

Q. At that election the question of woman suffrage was being voted on? — 
A. Yes. sir. 

Q. There was a ballot there, was there not, at that voting place for people 
to use in voting upon woman suffrage if they desired to do so? — A. Yes, sir; 
it was thought if a woman was there it might remind them of it; that was the 
idea. 

Q. What time did you get there? — A. A few minutes before 7 o'clock. 

Q. How long did you stay there? — ^A. I think it was between 12.15 and 12.30. 

Q. Then did some other lady come to take your place? — ^A. Yes, sir; I 
waited until Mrs. Oldfleld cama 



184 CARNEY VS. SMITH. 

Q. Where did you sit when you were there, or stand? — ^A. I didn't stand; I 
was sitting part of the time by the window to the left-hand side of the booths 
and afterwards I was sitting almost by the door. 

Q. Were you within or without the railing? — A. It was a sort of a door, sort 
of a half door at which the people stood when they received their ballots. 

Q. You were somewhere near where the inspectors of the election board 
were; how close? — A. There was a half door at which the people stood when 
they received their ballots and I sat between that and the window. I was 
about as far from them as I am from that small table; nearly as far off as 
that table; there was a long table at which the ballots were; that was the 
nearest one. 

Q. Do you know Mr. Ben O. Bush? — A. Was he one that had matters in 
charge? 

Q. He was on the board. — A. I suppose I do. 

Q. Do you know Mr. Chase, quite a large man? — A. He was the one that put 
the ballots into the receptacle. I suppose that was Mr. Chase; I didn't know 
him at the time. 

Q. What did you do, if anything, with any of the ballots at any time while 
you were there that day? — A. I never touched them. 

Q. You didn't touch a ballot?— A. No, sir. 

Q. Didn't handle them at all? — A. No, sir. 

Q. Or have anything to do with them or handle them? — A. No, sir. 

Q. Was there another lady there during the afternoon? — A. No, sir. 

Cross-examination by Mr. Maynard: 

Q. Did you see the election booths? — A. Yes, sir ; I saw them. 

Q. Did you see the people going into the booths and marking their ballots? — 
A. I didn't see them mark their ballots; I saw them g'o In. 

Q. Take the ballots and go in? — A. I saw them take their ballots and go In; 
then, presumably, handed them to Mr. Chase. 

Q. He was the man who deix>sited them in the ballot box? — A. Yes, sir. 

Q. Were you In the same room where the booths were? — ^A. No, sir; there 
was a small hall on the other side. They went into the booths from that. 

Q. From the hallway? — A. Yes, sir. 

Q. You were where the ballots were handed through this half door? — A. Yes, 
sir; the ballots were on the table. 

Q. This table was not in the room where the booths were? — A. Not the table 
I was to ; I didn't go into the booths at all ; I don't know whether there was a 
table there or not; but not the table I was at. 

Q. The table you refer to was not In the room where the booths were, do yoo 
mean? — A. Do I understand you to speak of both places, the small room In 
which the men entered to mark their ballots? 

Q. Yes. — A. No, sir ; it was not in there. 

Q. It was in between? — A. You couldn't see from the booths at all. There 
was a half a doorway and a hall leading to the front door; then at the left of 
that were the booths. 

Q. There was no railing, then, at all? — A. No, sir. There was a sort of a 
half door between the hall and the room In which I sat. 

Q. But no railing, however, surrounding those booths? — ^A. The booths were 
Inside of the place, understand. 

Q. Do you know whether there was a railing there that day at all? — ^A. No, 
sir; I don't recollect of any. 

Q. There was a table there with the ballots spread out on? — A. Yes. sir. 

Q. When the voter came to vote some one picked one of the ballots and 
handed It through the half door? — A. Yes, sir. 

Q. Did you see any amendments there? — A. Yes, sir; on the table. 

Q. You were there to remind people of the fact that woman suffrage was to 
be voted on;* that was your object? — A. Yes, sir; to stay there simply for that. 

Q. When they were handed those ballots they were not within the railing — 
the voters were not? — A. The voters were on the outside of the door. 

Q. In the room out there? — A. Yes, sir. 

Q. There was a door there? — A. Outside of the outer side of the front door. 

Q. They got their ballots where? — A. Over this partition. 

Q. The half door?— A. Yes, sir. 

Q. Did you see them go through? — A. I saw them in the booths; of course 
the door was shut. 



OABNEY VS. SMITH. 185 

Q. Then you could see the booths? — A. Yes, sir. 

Q. Prom where you were? — ^A. Yes, sir; I saw them go in the door; I couldn't 
see inside. I sat here In front of this little screen doorway. 

Q. And not to the door where they got the ballots? — A. Yes; I was In the 
hall like, two or three doors from where the ballots were. I could see the 
booths If I would lean over like. I could see all of them. 

Q. One of the booths was near to the west end? — ^A. Yes, sir. 

Q. You were not in the room with them? — ^A. No, sir. 

Q. Was there a partition between you and the room where the booths were? — 
A. A little half doorway. 

Q. That was between you? — ^A. Yes, sir. 

Q. When you came in the doorway there was a little narrow hall as you en- 
tered the doorway. From this doorway to the left-hand side you walked along 
to the end of the hall; then you opened this screen partition and you were 
then in the room where the ballots were — where they came out — you were in 
there?— A. Yes, sir. 

Q. Was there anyone else in there besides the man who delivered the bal- 
lots? — A. I don't know their names. 

Q. They were in there? — ^A. Yes, sir; four or five. 

Q. All the forenoon? — A. Yes, sir. 

Q. And in addition to those four or five, did you see a man that was receiving 
ballots and depositing them in the ballot box? — ^A. Yes, sir. 

Q. The man you called Chase? — A. Yes, sir; he was standing by the window. 

Q. Were there any clerks that was keeping tally of the votes and keeping 
coant of them? — A. Why, there were two or three that sat there keeping the 
coant 

Q. Where Chase was? — A. Just the other side of Chase; their names were 
called. 

Q. When they passed the ballots to the voters was there any declaration made 
of the name of the voter? — ^A. Yes, sir; the voter's name was called. 

Q. By whom? — ^A. I can't answer that question; I think Mr. Rush. 

Q. The one called Ben O. Bush? — ^A. Yes, sir. 

Q. He called the number, did he? — A. Just called the name. I can't say; 
several sat there. I couldn't say which called the numbers and which called 
the names. I know the voice calling the names corresponded to the number, 
and then somebody looked on the book and they repeated that. For instance, 
there was a difference in residence in one case. 

Q. As you understood, you were simply there for the sole object of reminding 
people to vote for woman suffrage? — A. Yes, sir. 

Q. And that is all?— A. Yes, sir. 

Redirect examination by Mr. Adams ; 

Q. You didn't say anything to any voter about voting? — A. No, sir; certainly; 
iiothing. 

Q> What if anything, did you say to any voter during any time you were 
there that day? — A. I didn't say anything to any voter. 

Q. You were simply there so they might see that a woman was there? — ^A. Yes, 
sir. 

Q. That was the object of your being there? — ^A- Yes, sir. 

Q. Did you participate at all in the work of the board there — the inspection 
board— that day? — A. No, sir; I did not. I went away shortly after noon and 
illdn't return. 

Q. You were simply there to look on? — ^A. Yes, sir. 

WM. W. ALLEN, recalled, testified in behalf of the contestant as follows: 

Examined by Mr. Adams: 

Q. Mr. Allen, you testified in this case on a former day? — A. Yes, sir. 

Q. On behalf of the contestee?— A. Yes, sir. 

Q. John M. C. Smith?— A. Yes, sir. 

Q. I believe that you testified that you were one of the board of Inspectors at 
the election held In the township of Texas, county of Kalamazoo, at the Novem- 
ber 5, 1912, election?— A. Yes, sir. 

Q. At which Congressmen were voted for? — A. Yes, sir. 

Q. Were you or not at the time that you entered upon your duties as an in- 
spector of that election holding any ofllclal position In the township of Texas ?-* 
A. 1 was Justice of the peace. 



186 CABNEY VS. SMITH. 

Q. How long had you been Justice of the peace? — ^A. Well, I was on my fourth 
year at this time. 

Q. Now, did you or did you not administer an oath to any of the officers of 
that election there that day before you began work on that board?— A. I think 
I did to part of them. 

Q. In your official capacity, did you administer that oath? 

Mr. Maynabd. Objected to as incompetent and immaterial. 

A. I was Justice of the peace. 

Q. Did you administer oaths to those there that day as Justice of the peace?— 
A. Tes, sir. 

Q. Now, do you know Charles Ray? — ^A. Yes, sir. 

Q. Was he holding nny official position in the township of Texas at that 
time? — A. He was Justice of the peace. 

Q. I show you the poll book. Exhibit 83. This is the poll book or one of the 
poll books that your board used November 5, 1912. there in conducting that elec- 
tion, isn't it? — A. Well, I couldn't swear to that as being the identical one with- 
out looking at it. 

Q. Look at it and satisfy yourself. — ^A. I find my name is there in this book — 
I can swear to that — in two places, three places in my handwriting, four or five 
places; that is all. 

Q. That was the poll book you used and made out there that day? — A. Yes, 
sir. 

Q. Now, you will notice that you administered the oath to William J. Camp- 
bell?— A. Yes, sir. 

Q. And to Charles Ray as inspectors? — ^A. Yes, sir. 

Q. And to Frank Harrison as clerk? — ^A. Yes, sir. 

Q. And to Leon Burdick as clerk? — ^A. Yes, rir. 

Q. And to Mr. Francis as gatekeeper? — ^A. Yea, sir. 

Q. And to Mr. Jeffreys as gatekeeper, didn't you? It so appears by that 
Exhibit 83. — ^A. I think I did, to all of them; that is my reooUectioiL 

Q. Except yourself? — A. Mr. Burdick and myself. I think the oath was ad- 
ministered to us by Mr. Ray, if I remember right. 

Q. It appears here the oath was administered ; that Burdick was sworn before 
Charles Ray. — A. Yes, sir. 

Q. Charles Ray at the time of that election was holding the office of Justice 
of the peace, you say? — ^A. Yes, sir. 

Mr. Maynabd. Objected to as incompetent and immaterial and not the best 
evidence. 

Q. Do you know of your own knowledge that Charles Ray had been acting as 
Justice of the peace in the township of Texas up to the 5th day of November, 
1912? — A. Yes. sir; and had been for some time. 

Q. These oaths that you administered to these various inspectors, clerks, and 
gatekeepers on that particular election board, you administered as what 
officer?— A. As justice of the peace. 

Cross-examination by Mr. Maynabo: 

Q. What was your official character when you administered those oaths?— 
A. I was a Justice of the peace. 

Q. You signed your name to them? — A. Yes, sir. 

Q. This is signed by W. J. Campbell?— A. Yes, sir. 

Q You didn't put down any official character to your name? — ^A. Yes, sir. 

Q. They are blank oaths signed by men who took the oaths, and you signed 
your name without any official character appended to them? — A. Yes, sir; Just 
at it appears there. 

ALBERT T. TP:N BUSSCHEN, being sworn to testify to the truth, the whole 
truth, and nothing but the truth, testified on behalf of the contestant, as follows: 

Direct examination by Mr. Adams: 

Q. Mr. Ten Busschen, you reside In the city of Kalamazoo? — ^A. Yes, sir. 

Q. Do you hold any official position here? — ^A. Alderman. 

Q. How long have you been alderman this last time? — A. A little over a year; 
I was elected this last spring. 

Q. You were alderman of the city of Kalamazoo on the 5th day of November, 
1912?— A. Yes, sir. 

Q. And acted in what capacity ?-^A. In that capacity. 



CAKN£Y VS. SMITH. 187 

Q. Did you act on the election board of the general election held in the city 
of Kalamazoo on the 5th day of November, 1912, in the tenth precinct of the 
fourth ward of the city of Kalamazoo? — ^A. Yes, sir. 

Q. Was that book made by your election board? — A. It was. 

Q. I notice your name there subscribed to the first oath as inspector, taken 
before the city clerk. — ^A. Yes, sir. 

Q. Clarence L. Miller?— A. Yes, sir. 

Q. Is tliat your signature, Albert T. Ten Busschen? — ^A. Yee, sir. 

Q. Now, then« notice your signature there to the certificate of Frank B. God- 
frey as inspector, A. P. Stiles as inspector, and Paul Jersey as inspector. — 
A. Yes, sir. 

Q. And Edward De Swartz. — ^A. Yes, sir. 

Q. Ab clerk of election? — ^A. Yee, sir. 

Q. And R. R. Creeling as clerk of election? — A. Yes, sir. 

Q. And W. F. Groonick as clerk of election ? — ^A. Yes, sir. 

Q. And Mr. Leggo as clerk of, or gatekeeper of, election? — ^A. Yes, sir. 

Q. And John Nyland as gatekeeper. Is that true as shown by that exhibit? — 
A. Yem, sir. 

Q. I notice that under the oath in each one of those names appears your name» 
Albert Ten Busschen, as having administered the oath to those several gentle- 
men. Is that correct? — ^A. Yes, sir. 

Q. Now I notice that there Is no official designation to your signature under 
those oaths. In what capacity did you act In administering those oaths there 
that day to those several members of the election tribunal ? 

Mr. Maynabd. Objected to as incompetent and immaterial. 

A. As chairman of the board. 

Q. Of Inspectors? — A. Yes, sir. 

Q. Were you chairman of the board of Inspectors when you administered 
those oaths? — A. I was. 

Q. When did you administer the oaths to those men and each of them? — 
A. In the morning Just before we opened the polls. 

Q. Before you opened the polls? — ^A. Yes, sir. 

Q. When had you been sworn In as Inspector before the city clerk? — A. It 
was one evening before that time, I am not positive what evening it was. 

Q. Had you been sworn In as an Inspector by the city clerk, of the city of 
Kalamazoo, prior to the 5th day of November, 1912? — A. I had. 

Q. You were sworn In as inspector to act at that particular election as such 
inspector? — A. Yes, sir. 

Cross-examination by Mr. Maynabd: 

Q. The tenth precinct is in what ward? — A. The fourth ward. 

Q. Is there more than one precinct in that ward? — A. Yes, sir. 

Q. Two precincts? — ^A."Yes, sir. 

Q. How many aldermen are there in that ward? — ^A. Two aldermen. 

Q. There were not aldermen enough to go around the precinct? — A. No, sir. 

Q. How did you get to be chairman of that board that day? — A. Well, being 
alderman the city charter made me chairman of the board of election. If it 
were not for tiie fact 

Q. You were not elected as chairman of that board, were you at all? — A. I 
was not; no, sir. 

Q. You simply went there as chairman as alderman of that ward and took 
upon yourself the duties of chairman of the board? — A. Well, virtually; y.es, sir. 

Q. Then you administered the oaths after you assumed that oluiracter and 
swore them In as chairman of the board? — A. Yea, sir. 

Q. In fact, and In truth, at that time you did hold that position, did you? — 
A. I think I did. 

Q. What is that? — A. I think I said that the charter of the city of Kala- 
mazoo makes me, as alderman of the board, chairman of the election. 

Q. One of your precincts had to go without a chairman; didn't It? — A. They 
elected a chairman. 

Q. Have you looked It up? — A. To be frank I have not, I simply understand 
it to be that way and it has been that way. 

Q. I supi)oae there may be a provision for the election of a chairman? — ^A. 
Well, yes, most boards elect their chairman. 

Q. How was that election board in your precinct forh*ed? 

Mr. ADAM8. What election board? 



188 OABNEY VS. SMITH. 

Q. How was it organized In that precinct for this election of November 5?— 
A. In what w^ay do you mean? 

Q. How did you get your inspectors of election? — ^A. Why, the council ap- 
iwints. 

Q. Is that a charter provision? — A. I think so. 

Q. Or do the aldermen apiwint? — A. The council has the appointment of 
them. 

Q. That is a charter provision? — A. I thinic so. 

Q. I am getting at the way it was organized at that particular election.— A. 
You mean as to the election inspectors? 

Q. Yes, sir. — A. They are appointed by the council and after the appointments 
are made 

Q. How do they obtain the names? — ^A. Why, the way we usually get our 
boards 

Q. I am not asking you usually, but this November 5, 1912, election? — ^A. The 
way they are obtained was by the alderman, the senior alderman, of the dif- 
ferent wards reading off the names of the inspectors of election of the different 
precincts and then the council confirms the appointments so made; they are 
\lrtually appointed by the senior alderman. 

Q. Was that done In this case? — ^A. That Is done In every case that I 
know of. 

Q. Was that done in this particular case? — A. As far as I can remember. 

Q. Who was the senior alderman? — ^A. E. B. Labadle. 

Q. Did he read off the list of names to the council of the inspectors of that 
election? — A. Yes, sir. 

Q. Did he read off the list of the nnmes of the clerks? — A. Yes, sir. 

Q. Were they all voted upon by the council and appointed that way? — A. They 
were; yes, sir. 

Q. That is the way they received their appointments for the organization of 
that particular board at that election? — A. Yes, sir. 

Q. This poll book, Exhibit 84, was a blank book that was used by your board 
of election iusi)ector8 in the tenth precinct of the fourth ward of the city of 
Kalamazoo, county of Kalamazoo, at the November 5, 1912, election?— A. 
Yes, sir. 

Q. Those blank onths are the oaths that are in the book? — ^A. Yes, sir. 

Q. And the oaths they took were those you administered there and signed 
your name to without any official designation under your name? — ^A. Yes, sir. 

Q. The oaths hero are the oaths you gave to the gateke?pers? — ^A. Yes, sir. 

Q. Read the first oath there. — A. (Reading.) "State of Michigan, county of 
Kalamazoo, ss. I do solemnly swear that I will supiwrt the CJonstitution of the 
United States and the constitution of this State and that I will faithfully dis- 
charge the duties of tlie office of Inspector of this election held on Tuesday, the 
5th day of Novemt)er, A. D. 1012, according to the best of my ability. So help 
me God. Albert Ten Busschen." 

Q. What is the rest of itV — A. " SubscMibed and sworn to before me this 5th 
day of November, A. D, 1912. Clarence L. Miller, city clerk." When I told you 
that I was sworn in the evening before I must have been mistaken; it was on 
the 5th day of November I was sworn in. Oftentimes they are sworn in the 
night before. 

Q. I see that this is the first oath that is in the exhibit?— A. Yes, sir. 

Q. Did you read your signature to that oath? — A. No, sir; I will read it now; 
Albert Ten Busschen. 

C. H. LITTLE, being sworn to testify to the truth, the whole truth, and 
nothing but the truth, testified on behalf of the contestant, as follows: 

Direct examination by Mr. Adams: 

Q. You are the same Little who testified formerly here In this contest?— A. 
Yes, sir. 

Q. I show you Exhibit 85. Were you holding any official position in Kala- 
mazoo November 5. 1012? — A. Yes, sir; I think I was on the board of light and 
water commission at that time. 

Q. I show you Exhibit 85. Examine that and tell me what it is. — A It is 
the poll book of the general election held on Tuesday, the 5th day of November, 
1912, in the fourth precinct of the second ward of the city of Kalamazoo. 

Q Did you act on that election board in that fourth precinct in the city of 
Kalamazoo at that general election held November 5, 1912? — A. Yes, sir. 



GABNEY VS. SMITH. 189 

Q. I notice under the oath of inspector of election, the first oath there is in 
the book, it seems to be signed by C. H. Little. Is that your signature? — ^A. Yes, 
sir. 

Q. Read that certificate?— A. (Reading.) "State of Michigan, county of 
Kalamazoo, ss. I do solemnly swear that I will support the Ck)nstitutlon of 
the United States and the constitution of this State and that I will faithfully 
discharge the duties of the office of inspector of election held on Tuesday, the 5th 
day of November, A. D. 1912, according to the best of my ability. So help 
me God. C. H. Little. Subscribed and sworn to before me this 5th day of 
November, A. D. 1912. Clarence L. Miller, city clerk." 

Q. Did you take that oath before the city clerk, Clarence L. Miller? — ^A. 
Yes, sir. 

Q. I notice that the other oaths, that to Thomas Carroll, Mr. McQuigg, and 
Frank D. Stevens, John E. Crose as clerks of election, Charles M. Bennett as 
clerk of election, and William J. Robins, as clerk of election, and Joseph 
Palmer as gatekeeper and 6. D. Griffing as gatekeepers of election, as shown 
by this — those were there and you admlnlBtered the oath? — A. Yes. sir. 

Q. Your name appears on that exhibit there as having administered the 
oaths to esich one of those other officers whose names I have Just read? — ^A. 
Yes, sir. 

Q. There appears no official designation to your signature, in connection 
with those oaths; In what official capacity> if any, did you administer the 
oaths to these several inspectors of election and gatekeepers of the election 
board there that day? 

Mr. Maynasd. Objected to as incompetent and Immaterial and not the best 
evidence. 

A. I administered them as chairman of the board. 

Q. You were an inspector? — ^A. Yes, sir. 

Q. You acted as chairman of that board there that day, did you? — A. Yes. sir. 

Q. Had you taken the oath before the city clerk, Clarence L. Miller, before 
you administered any one of those oaths to those other men who acted there 
in those several capacities on that election board there that day? — A. Yes, sir. 

Cross-examination by Mr. Maynabb : 

Q. The oath you have read, being the first oath that appears on that book, 
is Just as you took it, isn't it? — ^A. Yes, sir. 

Q. And the only oath you did take? — ^A. Yes. sir. 

Q. You say you administered these other oaths ns chairman of the board? — A. 
I was chairman ; yes, sir, 

Q. How did you become to be chairman? — A. Because I was elected chairman 
by the gentlemen there. 

Q. That is, when you came in? — A. Yes, sir. 

Q. And before you commenced to vote? — A. Yes, sir. 

Q. Clarence L, Miller went around in the morning and adminiptered the oaths 
at the different precincts? — ^A. Well, I went to the city hall early in the 
morning. 

Q. You got yours early in the morning? — A. He came with some supplies; I 
think it was then. 

Q. The ollicial capacity you claimed to be acting In, that is, chairman of the 
board, when you administered those oaths? — A. After I was appointed chair- 
man; yes, sir. 

Q. They had organized, had they, before the oaths were administered to 
these various men? — A. They were there with the appointments from the city 
council, and came as gatekeepers, insi'ectors, etc. 

Q. And the oath was administered to you that morning at the city hall, you 
say?— A. Yes, sir. 

Q. Then from there you went to the precinct? — ^A. Yes, sir. 

Q. Did you have the election supplies? — A. Yes, sir. 

Q. Where did you get them? — ^A. I think they were delivered there and I 
got them. 

Q. Do you know who brought them there? — ^A. I do not; no, sir. 

Q. Or to whom they were delivered there? — A. No, sir. 

Q. You don't know where they got them from? — A. I know they were there 
with the seals intact. 

Q. When you got there at the voting precinct? — A. Yes, sir 

Q. They had not been opened up? — ^A. No, sir. 



190 CARNEY VS. SMITH. 

Q. You testified that they elected you chairman when you were there?— A. 
As I remember, they did ; yes, sir. 

Q. The balance of those oaths were made out after you organized and went 
to voting, were they?— A. As I remember, the first thing we did was to organ- 
ize; I had the list furnished me from the city clerk of the gatekeepers and 
clerks who were to serve on that election board; I think they were all sworn 
In at the same time. 

Q. The onths were not all made out then, were they? The balance of the 
oaths aside from your own, that was made out by the city clerk, was it not? — 
A. Yes, sir. 

Q. Do you know who made out the balance of the oaths? — A. I do not; 
no, sir. I think some one of the clerks. 

Q. One of your clerks? — A. Yes, sir. 

Q. After they were made out they were signed? — ^A. Yes, sir. 

Q. Did they make them out while the voting was going on? — ^A. I think so; 
yes, sir. 

Q. As soon as you got through you opened up the voting and commenced 
making out thope books, and they were made out during the day as far as they 
could make them? — ^A. Yes, sir; the iwll book, the names were written In there 
during the day. 

Q. Then, these names of the voters were written in as they progressed? — A. 
Yes, sir; and these clerks were all sworn, and inspectors, before the polls were 
opened. 

Q. You gave them the oaths that are written here? — A. Yes, sir. 

Q. That is the form you gave? — A. Yes, sir; and later they were signed there. 

Q. Did you give these oaths to the two last ones, to the gatekeepers that 
appear there in this Exhibit 85? — A. Yes, sir. 

Q. Read the first one and the one next to the last one. — ^A. (Reading.) 
** State of Michigan, County of Kalamazoo, ss. I do solemnly swear or aflirm 
that I will supiwrt the Constitution of the United States and the constitution 
of this State and that I will faithfully discharge the duties of the ofilce of 
gatekeeper of this election held on Tuesday, the 5th day of November, A. D. 
1912, according to the best of my ability. So help me God. Signeil Joseph 
Palmer. Subscribed and sworn to before me this 5th day of November, A. D. 
1912. Signed C. 11. Little." 

Q. The name to the Jurat, is that your name? — ^A. Yes, sir. 

Q. There is no official designation to it? — A. No. sir. 

Q. Of course this oath was administered to the gatekeepers In the same 
form? — A, Y'es, sir. 

Q. Signed by whom?— A. C. 11. Little— signed by L. D. Griffing. 

Q. The Jurat is signed by whom?— A. C. H. Little. 

Q. No official designation to that? — A. No, sir. 

Q. Is that all the oath and the only oath you administered to either one of 
those gatekeepers? — A. Yes, sir. 

Q. Who were the other inspectors of election besides yourself? — A. Thomas 
M. Carroll, Mr. McQuigg, and Frank D. Stevens. 

Q. There were four inspectors in all? — ^A. Yes, sir. 

Q. Did you as inspectors give receipts for the election supplies? 

Mr. Adams. Objected to as immaterial. 

A. I couldn't say whether we did or not. 

Q. You didn't sign any receipt, did you, for the supplies? — A. Not that I 
remember of. 

ALVORD PECK, heUig sworn to testify to the truth, the whole truth, and 
nothing but the truth, testified on behalf of the contestant as follows: 

Direct examination by Mr. Adams: 

Q. Mr. Peck, did you act on the election board in the township of Alamo- 
did yon hnve »iny thing to do with helping conduct the election that was held 
in the Township of Alamo. Kalamazoo County, Michigan, on November 5, 
1912? — A. I passed the ballots to the men. 

Q. Did you hold any official position in the township of Alamo at that 
time? — A. Yes, sir; Justice of the peace. 

Q. How long had you been Justice of the peace? — A. At that time about two 
years. 

Q. Were you acting as Justice of the peace on November 5, 1912? — A. Yes, sir; 
I was. 



CABNEY VS. SMITH. 191 

Q. Did you hnve any other justice of the peace in that township at that 
time?— A. Yes, sir. 

Q. Who? — ^A. Rubert J. Fershon. I can't think of the other man's name. 

Q. I notice that you administered the oath by Exhibit 74, that yon admln- 
Irtered the oath to Rubert J. Fersohon and Edward W. Upton. — A. Yes, sir. 

Q. F. H. Carpenter and Leslie Hntchins as inspectors of election that day, 
did you? — A. Yes, sir. 

Q. And Henry Norton clerk of election there that day? — A. Yes, sir. 

Q. Xow, I notice that you did not sign to your signature there where you 
administered those oaths, in what capacity you administered them — in what 
cnpacity did you administer them to those gentlemen there that day? 

Mr. Maynabu. Objected to as Incompetent and immaterial. 

(No answer.) 

Q. Yon say that Rubert J. Ferson was at that time a Justice of the peace in 
that township? — A. Yes, sir. 

Q. He served on that election board with you? — A. Yes, sir. 

Cross-eYamination by Mr. Maynabd : 

Q. Mr. Little, do you claim that you were a member of the board of election 
Inspectors at that election held in Alamo, county of Kalamazoo, on the 5th day 
of November, 1912?— A. Yes, sir. 

Q. Edward W. Upton acted as a member of the board? — ^A. Yes, sir. 

Q. All day?— A. Yes, sir. 

Q. Did you act all day? — ^A. Yes, sir; and nearly all night. 

Q. What time did you get through? — A. I don't remember; I think about 
1 o'clock. 

Q. The next day, anyway? — ^A. Yes, sir. 

Q. Now, did Mr. Carpenter act as inspector of election that day? — A. Yes, sir; 
I suppose so. 

Q. That is his name down there? Can you tell whether he acted or not? — 
A. Yes. sir; he acted. 

Q. That made three? — ^A. Yes, sir. 

Q. Mr. Leslie Hutchins? — A. He was clerk. 

Q. Did he take the oath of in8i)ector of election that day? — ^A. He took the 
oath as clerk ; they were all taken at the same time. 

Q. They were all taken as inspectors? — ^A. Yes, sir. 

Q. Mr. Norton, what was he? — A. As clerk. 

Q. He took the oath as clerk of the election? — A. Yes, sir. 

Q. On the last page after the blank oaths there appear to be two oaths, the 
forms of those oaths I wish you would read; the first one that is on that page. — 
A. (Reading.) *' State of Michigan, county of Kalamazoo, ss. I do solemnly 
swear or afflnn that I will support the Constitution of the United States and the 
constitution of this State, and that I will faithfully discharge the duties of the 
office of gatekeeper of election held on Tuesday, the 5th day of November. 
A D. 1912. Signed, C. R. Campbell." 

Q. Who signed the Jurat?— A. A. Peck. 

Q. Any official designation there? — A. No, sir; there doesn't seem to be. 

Q. Is that the only oath you administered to Mr. Campbell that day? — A. I 
believe It waa 

Q. The next oath followlu?; was what? — A. {Reaclinfr:) *' State of MiHiignp, 
eonnty of Kalamazoo, ss. I do solemnly swear or afflnn that I will supF)ort the 
Constitution of the United States and the constitution of this State and that 
I will faitlifnlly discharge the «3uties of the offlo^ of g:Uokt'ei)er of election held 
on Tuesday the fifth day of November A. D. 1912. A. Peck." 

Q. That Is your signature? — A. Yes, sir. 

Q. Who did you swear to that before, who administered the oath to you? — 
A. Robert J. Fershon. 
Q. Did you net as gatekeeper or inspector of deration?— A. Insjiector I was. 
Q. There you signed as gatekeei)er? — A. I seeme<l to have: yes, sir. 
Q. If you performed the duties of both you did pretty well? — A. Yes, sir; I 
didn't do both. 

Redirect examination by Mr. .\dams: 

Q. You acted as inspector? — A. Yes, sir. 

Q. Who was gatekeeper there thnt day? — A. George Campbell, and I can't tell 
who the other one was ; it is a good while ago. 
Q. You don't remember then? — A. No, sir. 



192 CARNEY VS. SMITH> 

Q. You didn^t sigii as inspector there that day, Mr. Peck — ^A- Maybe I was 
gatekeeper. 

Q. I will call your attention to this sarce Exhibit 74 to the final certificate; 
one that is signed, is it not, by Edward W. Upham and Mr. Fershon, Mr. Carpen- 
ter, Mr. Hutchins. board of election inspectors, held at Alamo on Tuesday, the 
fifth day of November, A. D. 1912?— A. Yes, sir. 

Q That is the way it reads on the books?— A. Yes, sir. 

Q. So you didn't sign as Inspector? — ^A. I don't think I did now; I supposed 
I did. 

Q. The jurat to the oath is as gatekeeper? — ^A. All right, then. 

Q. Does that refresh j-our recollection whether you acted as gatekeeper?— 
A. I don't remember. 

Q. Now, as a matter of fact, you did not act handing out the ballots that day, 
you attended the gate, dldn' you? — ^A. I guess so. 

Q. That is your recollection now that you did not hand out the ballots at that 
particular election? 

Mr. Maynabd. Objected to as leading; in the first place, he Siiid he handed 
out every ballot voted there that day. 

Q. Have you acted on other election boards before this time? — ^A. Yes; for 
the last 12 or 15 years. 

Q. Your best recollection is now at this November 5, 1912, election you acted 
as what? — A. As gatekeeper. 

Q. As gatekeei^er you didn't pass out any ballots at all there? — A. No, sir; 
not at all. 

WALTER J. YATES, being sworn to testify to the truth, the whole ti-uth, and 
nothing but tlie truth, testified on behalf of the contestant, as follows : 

Direct examination by Mr. Adams : 

Q. Mr. Yates, where do you live? — ^A. At Vlcksburg. 

Q. Is Vlcksburg in the township of Brady, Kalamazoo County? — ^A. Part of it 

Q. How many voting precincts do you have in the town of Brady, or did you 
on November 5, 1912, when the general election was held? — ^A. We had two. 

Q. Did you hold any official position in the township of Brady November 5, 
1912: — A. I did; I was treasurer of the township. 

Q. Do you know W. H. Beebe? — ^A. Yes, sir. 

Q. Did he hold any official position In that township? — ^A. Yes, sir; he did 
then; he was justice of the jieace. 

Q. Did you know A. W. Parker at that time?— A. Yes, sir. 

Q. Did he hold any official position in the township of Brady at that time?— 
A. Yes, sir ; Justice of the peace. 

Q. Now, did you act on the election board of the second precinct In Brady at 
the November 5, 1912, general election? — ^A Yes, sir. 

Q. Ill what capacity did you act thei'e? — ^A. As chairman of the election 
board. 

Q. As inspector? — A. Yes. sir; as chairman and as inspector. 

Q. Did you take any oath before you proceeded to perform your duties on 
that election board? — A. Yes. sir. 

Q. Before whom? — A. W. H. Beebe, I am pretty sure, administered the oath, 
as he was the oldest justice of the peace. 

Q. Can you say iwsitively that you took an oath there? — A. I certainly did. 

Q You think you took it before W. H. Beebe as justice of the peace? — ^A. Yes. 
sir. 

Q. I notice here on Exhibit 86; will you state what that is?— A. It is the 
poll book of the general election of November 5, 1912, second precinct, township 
of Brady, Kalamazoo County, Michigan. 

Q. Is that one of the books that was used there by your election board that 
day? — A. Yes, sir. 

Q. Now, on the first page, where the oaths of the different oflScers appear, I 
notice that the first oath Is the oath of inspector, and it is signed by W. J. 
Yates? — A. Yes, sir. 

Q. Is that your signature? — A. Y'es, sir. 

Q. Now, that jurat does not seem to be signed by anybody, does it? — ^A. No, 
sir; it is not signed 

Q. You say you did take an oath before W. H. Beebe? — A. Yes, sir. 

Q. Before you proceeded to perform the duties there as inspector of that 
election did you take that oath? — ^A. It was before. 



OAKNEY VS. SMITH. 193 

Q. The first oath that was administered to you by W. H. Beebe was the first 
oath administered there that day? — ^A. Yes, sir. 

Q. I notice the second oath is the oath of an inspector of election and is 
signed by A. W. Parker, and the second oath is the oath of inspector and is 
signed by W. H. Beebe, and the next oath signed is the oath of clerk of the 
election, signed by R. R. Irwin V— A. Yes, sir. 

Q. The next oath is oath of clerk, signed by George Goldsmith, on that 
exhibit?— A. Yes, sir. 

Q. Turn over the page, and the next oath that is signed is that of gate 
keeper, signed by I^ewis Higgles? And the next oath is signed by the other 
gatekeeper, George H. Huntington?— A. Yes, sir. 

Q. The Jurats to all those oaths except the one you signed, or the oath that 
you signed— those Jurats are signed by W. J. Yates?— A. Yes, sir. 

Q. Whose signature is that?— A. That is my own. 

Q. That is your signature?— A. Yes, sir. 

Q. I notice under your signature to those Jurats there Is no official designa- 
tion?— A. No, sir. 

Q. In what capacity did you administer those oaths to those several gentle- 
men there? 

Mr. Matnabd : Objected to as immaterial. 

A As chairman of the board. 

Q. What board?— A. Board of election. 

Q. Inspectors? — ^A. Yes, sir. 

Q. When did you administer those oaths to those people, all of them? — 
A Before the opening of the polls. 

Q. Before those gentlemen had performed any duties on that board? — ^A. Yes, 
sir; before any duties were performed. 

Cross-examination by Mr. Maynabd: 

Q. W^hat official position do you hold in the township? — A. Township 
treasurer. 

Q. You were township treasurer? — A. Yes, sir. 

Q. Now, what was done there first that morning when your board organ- 
ized?— A. What was done first? 

Q. Yes. — ^A. Weil, I think the first thing was I was sworn in as inspector of 
election by the Justice of the ];>eace. 

Q. Was that the first thing done? — ^A. Yes, sir. 

Q. Did you sign that oath yourself? — ^A. Yes, sir. 

Q. Did he read this particular oath to you in this book as you signed It? — 
A. Yes. sir; he read it from memory; I will not say he read it; he administered 
the oath as an inspector of election. 

Q. Did you take this oath or some other? — ^A. I took an oath to support the 
Constitution of the United States and perform the duties required of me to 
the best of my ability ; I remember that part of it ; whether word for word like 
that I don't know ; I presume it was that. 

Q. That oath is not signed by you at all? — ^A. That is my signature there. 

Q. I mean at the conclusion of the oath. That is not at the conclusion of the 
oath, is it? — A. It is one line at>ove. 

Q. You didn't sign this language at all, did you, ''according to the best of 
my ability, so help me God"; you never signed that? — ^A. The way it appears 
there I did not. 

Q. Your name Is on the line above? — ^A. Yes, sir. 

Q. According to this oath no officer signed that Jurat, did they? — ^A. No, sir. 

Q. No one administered any oath to the gatekeepers at that election? The 
oaths you administered to the gatekeepers appear on that page of this Ex- 
hibit 86?— A Yes, sir. 

Q. Will you read the first oath?— A. (Reading.) "I do solemnly swear or 
affirm that I will support the Constitution of the United States and the con- 
stitution of this State, and that I will faithfully discharge the duties of the office 
of gatekeeper at the election held on Tuesday, the 5th day of November, A. D. 
1912, according to the best of my ability. So help me God. Signed Lewis 
Higgles. Subscribed and sworn to before me this 5th day of November, A. D. 
1012. W. J. Yates." 

Q. There is no official designation to your name? — ^A. No, sir. 

Q. The next oath is in the same form? — ^A. The same form, only signed by 
George Huntington as gatekeeper and by myself in the same form. 

288—13 ^18 



194 CABNEY VS. SMITH. 

Q. That is, you signed the Jurat?— A. Yes, sir. 

Q. No other oath was administered to those gatekeepers that you know of 
there that day except this one? — ^A. No, sir. 

H. B. SWEETLAND, being sworn to testify to the truth, the whole truth, and 
nothing but the truth, testified as follows on behalf of the contestant: 

Direct examination by Mr. Adams: 

Q. Mr. Sweetland, you live where? — A. In the township of Portage. 
Q. Where did you live November 5, 1912?— A. Portage. 
Q. How long have you Jived in Portage? — A. All my life. 
Q. Did you hold any official iwsition in the township of Portage on the 5th 
day of November, 1912?— A. Yes, sir. 
Q. What? — ^A. Justice of the peace. 

Q. Was Mr. F. J. Southwell a member of the board of lnsi)ectors of that 
election November 5, 1912? — ^A. Yes, sir. 

Q. Did he hold any official position in that township? — ^A. Yes, glr; he was 
township clerk. 

Q. Now, I show you Exhibit 87; will you look at that and tell me what It 
Is? — A. That is the poll book of Brady Township of the November election. 
Q. November 5, 1912?— A. Yes, sir. 

Q. I notice your name appears there to the jurats or some of them In that 
poll book, at least the signature of H. B. Sweetland. State whether that is your 
signature. — ^A. Yes, sir. 
Q. Where it appears? — ^A. Yes, sir. 

Q. The first oath there in that Exhibit 87 is the oath of inspector signed 
by Alf L. Snow?— A. Yes, sir. 

Q. You signed the jurat under his oath, H. B. Sweetland, didn't you? — A, 
Yes, sir. 

Q. I see your signature is under the oath of N. L. Bowles? — ^A. Yes, sir. 
Q. He was sworn as an inspector, is that right? — ^A. Yes, sir. 
Q. Then the next certificate is the certificate of the inspector of election 
signed by Mr. Southwell ?— A. Yes, sir. 

Q. That next one is Uiat of insi)ector signed by W. E. Agnew? — ^A. Yes, sir. 
Q. Thfe next is the certificate of Peter who? — A. Prosens. 
Q. Your name is to the jurat? — ^A. Yes, sir. 
Q. The next is Isaac Root? — A. Yes, sir. 

Q. Your name is under the jurat that is connected with the oath of Isaac 
Root? — ^A. Yea, sir. 

Q. I notice where you have signed these jurats you have not designated In 
that Exhibit 87 In what capacity you administered the oaths. State in what 
capacity you did administer those oaths to those several gentlemen. 
Mr. Maynabd. Objected to as incompetent and Immaterial. 
A. As justice of the i)eace. 

Q. I notice you took the oath before F. H. Southwell? — ^A. Yes, sir; F. J. 
Southwell. 

Q. He was what officer in that township at the time he administered that 
oath to you? — ^A. He was township clerk. 

N. B. WHEELER, being sworn to testify to the truth, the whole trutli, and 
nothing but the truth, testified on behalf of the contestant as follows: 

Direct examination by Mr. Adams : 

. Q. You testified in this matter on a former occasion, didn't you? — ^A. Yes, sir. 

Q. You were inspector, I believe, in the third precinct in the first ward of 

the city of Kalamazoo at the November 5, 1912, general election? — A. Yes, sir. 

. Q. Did you take an oath to act as inspector of that election before you acted 

as such Inspector? — A. I took an oath the night before at the city hall to act as 

chairman. 

Q. I show you Exhibit 88 to refresh your recollection, and call your attention 
to the first certificate in tiiat book?~What is that book, first?— A. It is the 
poll book of the general election held on Tuesday, the 5th day of November, 
1912, in the third precinct, first ward of the city of Kalamazoo, comity of 
Kalamazoo, State of Michigan. 

Q. Is that a book you gentlemen made up there that day, you men who con- 
stituted that election board, some of you? — ^A. Yes, sir. 



CARNEY VS. SMITH. 196 

Q. The first certificate In there Is oath of inspector?— A. Yes, sir. 

Q. Signed by whom? — A. Clarence L. Miller, city clerk. 

Q. And under that?— A. N. B. Wheeler. 

Q. Who Is that?— A. That is myself. 

Q. That is your slismatiire? — ^A. Yes, sir. 

Q. The oath, according to the jurat, is signed by whom? — ^A. Clarence L. 
Miller, city clerk. 

Q. The date on that Jurat is November 5, 1912?— A. Yes, sir. 

Q. Does that refresh your recollection as to the date you took the oath? — 
A. I took two oaths ; I took one the night before. 

Q. You were sworn to act as inspector, at that election by whom? — A. By the 
dty clerk, Clarence L. Miller. 

Q. I notice there is a certificate there of A. R. A. Trepanning. 

Q. As inspector? — A. Yes, sir. 

Q. Who is the next?— A. William C. Jjewis. 

Q. Mr. Hogan was an inspector? — ^A. Yes, sir. 

Q. Albert W- Cooley as clerk of election? — ^A. Yes, sir. 

Q. Guy H. Lockwood. as clerk of election?— A. Yes, sir; and Otis N. Connor 
KB Inspector. 

Q. John A. LAmb as gatekeeper? — ^A. Yes, sir. 

Q. Who is next? — ^A. M. Ryan as gatekeeper. 

Q. Each one of these certificates are* signed by those gentlemen, respectively, 
and whose name is that appears under the Jurat under their oaths? — ^A. N. B. 
Wheeler. 

Q. Whose signature is that? — ^A. That is my signature. 

Q. You signed that there? — A. Yes, sir. 

Q. Did you administer the oaths to those gentlemen? — ^A. I did; yes, sir. 

Q. In what capacity did you administer the oaths to them? 

Mr. Maynabd. Objected to as incompetent and immaterial. 

A. As chairman of the board. 

Q. What board? — A. The board of election inspectors. 

Q. Did you administer those oaths after you had taken the oath before the 
city clerk? — ^A. I administered the oaths before we opened in Uie morning. 

Q. Had you taken, before you administered the oaths to those gentleman, the 
oath before the city clerk? — A. I took the oath the previous evening at the city 
hall. 

Cro8»examinatlon by Mr. Matnabd: 

Q. Witness, when you got the supplies for your election precinct, when did 
yon get them? — A. When we got there the election supplies were at the polls, at 
the engine house. 

Q. And among the supplies was this poll book and statement book and so 
on?— A. Yes. sir. 

Q. Were they all sealed up? — ^A. Yes, sir; they were sealed. 

Q. You took and signed this oath, did you not, the night before election? — 
A. No, sir. 

Q. You took it that day?— A. I signed it that morning. 

Q. Who made out the blank oaths for the other inspectors to sign? — ^A. One 
of the clerks. 

Q- Of your board? — ^A. Yes, sir. 

Q. Look at those oaths, all of those oaths, and see If they are not drawn up 
and made out by the city clerk and all In the same handwriting? — A. No, sir; 
I don't think the city clerk filled those out. 

Q. Who do you think filled them out? — ^A. I think either Mr. Tx>ckwood did 
or Mr. Trepanning. 

Q. They were clerks of the election board? — A. Yes, sir. 

Q. You think they made them out? — ^A. Yes, sir. 

Q. When they were made out, you swore the officers to them and you signed 
them and they signed them? — A. Yes, sir. 

Q. That Is your recollection of how It happened? — A. I swore them all at one 
time before the polls were opened. 

Q. You didn't sign them there? — A. No, sir. 

Q. When did you take the oath? — A. When I came around in the morning 
for the polls to open. 

Q. After you had been to work awhile? — A, Well, I think right at the time 
tbe polls opened. 



196 OABNBY VS. SMITH. 

Q. Did you administer the only oath that was administered to the gate- 
keepers? — A. Yes, sir. 

Q. That oath is the only one you administered, is it not? — ^A. I administered 
all of them except the first one. 

Q. Did you administer an oath to the gatekeepers and swear them to allow 
no person to pass into the gate into that polling place, did you administer any 
such an oath? — A- I did not; no, sir. 

Q. Who did the tallying at that precinct?— A. Why, the clerks. 

Q. Who were the clerks?— A. Guy H. Lockwood, Roy Trepanning, Mr. Cor- 
win, and Mr. Gooley. 

Q. How many clerks did you have? — ^A. We had four clerks, I think. 

Q. How many inspectors did you have? — ^A. I think there were two in- 
spectora 

Q. Well, you would be one? — ^A. Yes, sir. 

Q. Trepanning would be another? — ^A. Yes, sir; I had it in mind he was a 
clerk, probably he was not. 

Q. Did you administer an oath to him as inspector? — ^A. According to the 
list received from the city clerk, whatever he was. 

Q. The city clerk handed you a list? — ^A. The city clerk; I obtained a list 
from him. 

Q. When? — ^A. The night previous to election day. 

Q, There was no one elected there by the bystanders for this election, was 
there? — A. Not that I recoHect; no, sir. 

Q. Have you served at other meetings of the board of election? — A. Yes, sir. 

Q. Gviy H. Lockwood was a candidate for ottice on the ticket that day? — ^A. 
Yes, sir. 

Q. What olHce? — ^A. He was a candidate on the Socialist ticket, I don't know 
for what, I forget. 

Q. He served on the board while a candidate for office at that election?— A. 
Yes, sir. 

Q. Did you give a receipt for the supplies? 

Mr. Adams. I object to that as irrelevant and immaterial. 

A. I don*t think I did ; I am quite sure I did not. 

Q. Was there a citizen there who did not belong to your board by the name 
of Monroe who was a challenger? — A. Yes, sir. 

Q. What party was he from? — A. The Progressives. 

Q. When you counted up the ballots at night, did he help do the counting?— A. 
It was stated to me, addressed to me as chairman, and I was asked if he could 
help, and I told him I thought we could get along, we had so many on the 
board, without his assistance. He may have heliied to straighten out the ballota 
I wouldn't say. 

Q. He handled them some? — ^A. He may have, yes, sir; I couldn't aay that I 
remember of seeing him ; I was there all the time. 

Redirect examination by Mr. Adams : 

Q. Did you say Mr. Lockwood was running on the ticket? — ^A. His name was 
on the Socialist Party. 

Mr. Adams. I move to strike out the question rnd answer that Guy H. Lock- 
wood was on the ticket that day as a candidate and the answer that the wit- 
uess made thereto for the reason that it is irrelevant and immaterial and not 
covered by any allegation in the answer of the contestee. 

Q. I show you Exhibit 89 and ask you if you will look over that exhibit to 
refresh your recollection and tell what oiflce Guy H. Lockwood was running for 
on that ticket that day. 

Mr. Adams. Objected to as incompetent, irrelevant, and immaterial, there 
being no allegation contained in the answer of the contestee that would make 
any such proof admissible if otherwise admissible of itself, and there Is no 
proof that the piece of paper he hands the witness is anything whatsover any 
more than an ordinary piece of paper on which there may be some writing or 
printing. 

A. I see he was a candidate for State senator from the sixth district on 
the Socialist ticket. 

FRANK FLAITZ, being duly sworn to tell the truth, the whole truth, and 
nothing but the truth, testified in behalf of the contestant as follows: 



OABNBY VS. SMITH. 197 

Direct exrimination by Mr. Adams : 

Q. Mr. Flaitz, you live in the city of Kalamazoo? — ^A. Yes, sir. 

Q. I show you a boolc marked '* Exhibit 00 " ; do you know what that Is? — A. 
That is the poll book of the election in the 6th precinct on the 5th day of 
November, 1912. 

Q. Did you have anything to do with the carrying on of the election in the 
Biith precinct of the city of Kalamazoo November 5, 1912? — ^A. Yes, sir; I 
was an inspector there. 

Q. State whether you took an oath to act as inspector of that election. — ^A. 
I did ; I went to the city clerk, I think the day before or Saturday, I can't say 
which now, but I was sworn in and signed. 

Q. Before whom did you take the oath? — ^A. The city clerk. 

Q. What was his name? — ^A. Clarence Miller. 

Q. Clarence L. Miller? — A. Yes,, sir. 

Q. Now, I notice there is C. H. Ashby and J. D. Schell and another gentle- 
man by the name of W. A. Balch, each signed the oaths contained In this 
exhibit as inspectors of that election, didn't they? — ^A. Yes, sir. 

Q. And you signed the jurat under the oath of J. D. ScheU and W. A. 
Balch?— A. Yea sir. 

Q. Were they signed there? — ^A. Yes, sir. 

Q. After your signature there in those jurats you do not seem to have des- 
ignated in what capacity you administered the oaths. In what capacity did 
you administer those oaths to those men? 

Mr. Maynasd. Objected to as incompetent and immaterial. 

A. As chairman of the board of inspectors, or board of election. 

Q. I note there Is no signature under the jurat which is under the oath of 
C. H. Ashby. Do you know who, if anybody, administered any oath to him 
that day?— A. I know I administereil the oath to all except myself, in a body; 
that is, the clerks and inspectors in a body and the gatekeepers by themselves. 

Q. Is it your recollection that you administered the oath to C. H. Ashby 
to act as Inspector of that election that day?— A. To the best of my memory, 
yes, sir. 

Q. I notice there is a certificate here signed by E. H. Fisher who seems to 
have taken the oath us clerk and by Wlillani J. Losinger described in the oath 
as clerk. Who is that, John Jaeger?— A. Yes. 

Q. Subscribed to that oath as gatekeeper?— A. Yes. 

Q. Who is the next fellow?— A. I know him by sight, but I can't think of his 
name; I have it here now, Fleckenstein. 

Q. L. Fleckenstein as gatekeeper? — ^A. Yes, sir. 

Q. And O. W. Hrundage, what was his office? — ^A. He acted as inspector. 

Q. Now then your name appears in the jurat? — ^A. Yes, air. 

Q. As the person who administered the oaths, and there is no official desig- 
nation under those jurats? — ^A. No, sir. 

Q. In what official position did you administer those oaths? — A. As chair- 
man of the board. 

Q. Chairman of the board of inspectors? — ^A. Yes, sir. 

Q. Chairman of the board of election? — ^A. Yes, sir. 

Cross-examination by Mr. Mayivabd: 

Q. You think that you went to the city hall the day before election?— A. I 
know I did; whenever I am elected as chairman I go the day before and am 
sworn in BO there would be no chance of waiting for the city clerk in the 
morning. 

Q. This is the sixth precinct?— A. Yes, sir. 

Q. Read it— A. (Reading:) "Oath of inspector of election. State of Michi- 
gan, County of Kalamazoo, ss. I do solemnly swear or affirm that I will sup- 
port the Constitution of the United States and the constitution of this State and 
that I will faithfully discharge the duties of the office of Inspecor of the elec- 
tion held on Tuesday, the 5th day of November, A. D. 1912, according to the 
best of my ability. So help me God." 

Q. Who was that signed by?-^A. Clarence L. Miller. No, the oath is signed 
by myself, Frank Flaitz. 

Q. The jurat is signed by whom? — ^A. Clarence L. Miller, city clerk. 

Q. That was done the day before? — ^A. That was done before. 



198 CARNEY VS. SMITH. 

Q. Do you know what oath you took before the city clerk at the city hall? — 
A. A duplicate of this, but I wouldn't say that it is identical word for word to 
this oath. 

Q. You don't know what oath you did take?— A. To the best of my knowledge 
that is it. 

Q. These other oaths that are signed by yourself are signed by you as in- 
spector, as chairman of the board of election inspectors? — ^A. Yes, sir. 

Q. That is the capacity you claim to have acted In? — ^A. Yes, sir. 

Q. Your name is Frank Flaitz? — ^A. Yes, sir. 

Q. These oaths to the gatekeepers, are these the oaths you administered to 
the gatekeepers? — A. Yes, sir; to the best of my knowledge. I administered 
the oaths before the polls opened, from memory. 

Q. That oath that you administered from memory, did you administer any 
such thing to anyone of the gatekeepers? — ^A. I swore the gatekeepers. 

Q. Did you use this language In those oaths: " You will allow no person to 
pass through the gate or railing except voters? " — ^A. No, sir; I did not 

Q. That kind of an oath was not administered to either of the gate- 
keepers? — ^A. Not those exact words; no, sir. 

Mr. Adams. I object to that as a conclusion of the witness. 

Q. You don't claim, do you, that you administered any oath to those gate- 
keepers that they would not allow anyone within the railing? — ^A. The oath 
that I administered to them was that they would discharge the duties of gate- 
keepers at this election. 

Q. You said you administered these oaths as chairman of the election 
board. Now how do you claim that you were elected chairman of the board? — 
A. I couldn't say positively Just whether the board elected me there, elected 
me chairman or whether I acted as chairman from the council. The council 
appoints the chairman as a usual thing. 

Q. You don't know how you did come to be chairman? — ^A. Well, I wouldn't 
say; I am not positive, no, sir, whether the board elected me chairman or 
whether the council had made me chairman. 

Q. You have no recollection that they took any action there that morn- 
ing?— A- No, sir 

ERNEST WISE, being sworn to testify to the truth, the whole truth, and 
nothing but the truth, testified on behalf of the contestants as follows: 

Direct examination by Mr. Adams : 

Q. You testified on a former hearing, didn't you?— A. Yes, sir. 

Q. You, I believe, testified that you were one of the Inspectors at the Novem- 
ber 5, 1012, election In the fifteenth precinct In the city of Kalamaaoo? — ^A. 
Yes, sir. 

Q. Now, I call your attention to the poll book used by your election board 
there, Exhibit 91. Before whom, according to this Exhibit 91, did you take the 
oath to act as inspector of that election? — ^A. Clarence L. Miller, city clerk. 

Q. I notice that all the inspectors of election and the clerks of the election 
and the gate keepers of that election in that precinct were sworn before Ernest 
Wise; what Ernest Wise was that?— A. Myself. 

Q. The book shows that to be true, does it? — ^A. Yes, sir. 

Q. Earl Lovett signed as an inspector; Richard H. Elwell and C. H. Gill 
signed as inspectors? — A. Yes, sir. 

Q. Roy Gardner signed as clerk? — ^A. Yes, sir. 

Q. And C. H. Kimball as clerk?— A. Yes, sir. 

Q. Who is the next fellow? — ^A. Jay Van Werder, as clerk. 

Q. And Russell Thayer signed as clerk? — ^A. Yes, sir. 

Q. And J. L. Ward as gate keeper? — A. Yes, sir. 

Q. And J. Enshrine, I guess it is, signed as gate keeper? — ^A. Yes, sir. 

Q. They signed those respective oaths to those respective oflSces? — A. Yes, air. 

Q. Then you signed the Jurat under them, each one of them, didn't you? — A. 
Yes, sir. 

Q. But you didn't put any ofllcial designation under your signature? — ^A. No, 
sir. 

Q. In what capacity did you administer those oaths to those several gentle- 
men there? — A. As chairman of the board of election. 

Q. Had you or not taken the oath before the city clerk to act as inspector 
of that election before you administered the oath to any of those other gentle- 
men? — ^A. I had taken it before. 



OABNET VS. SMITH. 199 

Q. When did you administer the oaths to those gentlemen? — A. Before we 
opened the polls, at 7 o'clock. 

Q. On what day?— A. On the 5th day of November, 1912. 

Gross-examination by Mr. Maynabd : 

Q. You say yon signed those jurats and administered those oaths in the 
capacity of chairman of the board of election inspectors for this precinct? — ^A. 
Yes, sir. 

Q. Do you claim to have administered those oaths in any other capacity than 
chairman? — ^A. No, sir; only as chairman. 

Q. How were you chairman? — ^A. By being an alderman I was chairman. 

Q. That is all the way you claim to be chairman, because you were alderman 
of that ward? — A. Yes, sir. 

Q. What ward was your precinct in? — ^A. The fifth ward. 

Q. Because you were alderman of that ward you assumed to act as chairman 
of that board? — ^A. Yes, sir. 

Q. Were yon the senior alderman? — A. Yes, sir. 

Q. As senior alderman, you assumed to act as chairman and so administered 
those oaths in that capacity?— A. Yes, sir. 

Q. You did not put under your name, "Chairman of the board of election 
l]i8|»ectors''?-~A. I did not. 

Q. Had you been going to designate your official capacity, that is the way 
yon would have done it? — ^A. Yes, sir; if I had thought it was necessary, I 
would have done it. 

Q. Those oaths signed by yourself, J. S. Ward, and others, were the oaths 
administered to them as gate keepers? — ^A. Yes, sir. 

Q. That la, you swore them that they would support the Constitution of the 
United States and the constitution of this State, and that they would faith- 
fully discharge the duties of the ofllce of gate keepers? — A. Yes, sir. 

Q. That is the oath you administered? — ^A. That is the oath I administered; 
yes, sir. 

Q. There was no oath administered to them^ or either of them, that they 
would not permit any person except voters to pass through the inside railing 
except a voter or some one to assist a voter in preparing his ballot? — A. No, 
air; nothing of that nature. Just the regular oath that is in the book. 

ROLAND FAIRCHILDS, being sworn to testify to the truth, the whole truth, 
and nothing but the truth, testified on t>ehalf of the contestant as follows: 

Direct examination by Mr. Adams: 

Q. Mr. Fairchilds, you live in Kalamazoo? — ^A. Yes, sir. 

Q. You have lived here how long? — A. I was born here. 

Q. How long ago? — ^A. Thirty-seven years ago. 

Q. Did you act on the election board in the city of Kalamazoo at the Novem- 
ber 5, 1912, election?— A. Yes, sir. 

Q. What ward? — A. The fourteenth precinct. 

Q. In the city of Kalamazoo? — ^A. Yes, sir. 

Q. I show you Exhibit 92; what is it? — A. The poll book of the general elec- 
tion held on Tuesday, the 5th day of November, 1912. It isn't filled out on the 
cover. 

Q. What precinct? — ^A. It does not tell. 

Q. Can you tell by referring to it? — A. Yes, sir; the fourteenth precinct. 

Q. Is that, or not, the poll book your board of election used there on that day 
at that election? — ^A. Yes, sir; it Is. 

Q. I notice the first certificate in there, or oath. Is signed by one R. J. Fair- 
childs; whose signature is that? — ^A. That is my signature. 

Q. It appears by that that you took the oath of insi>ector at that election? — 
A. Yes, sir. 

Q. Before Clarence L. Miller, city clerk? — ^A. Yes, sir. 

Q. According to the way it appears on this book? — A. Yes, sir. 

Q. Did you take that oath the day before, before him? — ^A. The day before; 
jea, sir. 

Q. That is, you mean on the 4th of November, 1912? — ^A. Yes, sir. 

Q. Now, I notice that Herbert E. Congdon signed the oath of inspector and 
H. Jj, Schroeder another oath, and H. M. Collins as inspector, and William C. 
Pikes as derk of election, and George C. Thayer as clerk of election, and W. M. 
Wing signed it as gatekeeper, and C. E. Slack signed the oath as gatekeeper, 



200 CABNEY VS. SMITH. 

and Henry A. Davis signed the oath as inspector; now there are no names in 
the Jurats to those oaths signed by yourself? — A. No, sir. 

Q. Do you know whether they took those oaths to act at that election that 
day? — ^A. Yes, sir. 

Q. Before whom? — ^A. Before me. 

Q. Did you administer the oaths to the gentlemen whose names I have 
read?— A. Yes, sir. 

Q. When? — A. About 20 minutes before 7 o'clock. 

Q. Had you performed any duties on the election board up to the time you 
administered the oaths? — A. We appointed the chairman. 

Q. Who was the chairman? — ^A. I was the chairman. 

Q. What capacity did you administer the oaths to those several gentlemen? — 
A. A« chairman of the election board. 

(It was admitted upon the record that Clarence L. Miller was city clerk of 
the city of KalamasBoo on the 5th day of November, 1912, and had been for 
some time before that.) 

Cross-examination by Mr. Mayitard : 

Q. Did you swear them all together when you administered the oaths ?-tA. 
Yes, sir. 

Q. All in the same oath? — ^A. They repeated "I do solemly swear that I will 
support the Constitution of the United States." substantially in the form for 
the different positions, each one repeating what he was; for instance, one said 
he was inspector, another was clerk and another was gatekeeper. 

Q. That is all the oaths you administered to the gatekeepers? — A. Yes, sir. 

Q. You didn't mention in oath to them that they would not allow any person 
admitted unless they were a voter or some one to assist a voter? — ^A. Not in 
the oath : no, sir. 

Q. That never was made use of in any oath? — ^A. No, sir. 

Q. What part did you perform as chairman of the board? — ^A- I looked up 
the names and handed out the ballots. 

Q. Were any ballots handed out to a voter that the voter asked for assist- 
ance in marking his ballot? — A. There was no one did any marking of the 
ballots for anybody. 

Q, Did anybody go in the booths with anyone? — ^A. I don't know; I think 
Mr. Congden and Mr. Schroeder stepped to the door when a man wanted to 
ask a question. 

Q. Was there any oath administered to them? — ^A. No, sir. 

Q. Neither of them?— A. No, sir. 

Q. Do you know of any authority you claimed to have in administering the 
oath except as chairman of the board? — ^A. I was sworn in by Clarence L. 
Miller and appointed chairman of the board. 

Q. You were not sworn in to act at the time you were appointed? — ^A. No, sir. 

Q. Did these other men hold any official positions in the city when they ap- 
peared there at that time? — A. They were appointed by the city council. 

Q. How do you know that? — A. I had a list from the city clerk. 

Q. Who gave it to you? — ^A. The city clerk. 

Q. Just simply a list of the names?— A. Yes, sir. 

Q. That is all you knew about It? — A. Yes, sir. 

Q. Just a list of the names? — A. Yes, sir. 

Q. When you were elected chairman that morning you proceeded to ad- 
minister the oaths to tlie others?— A. By the authority I had from the city 
clerk I administered the oaths. 

Q. He didn't appoint you as chairman, did he?— A. No, sir; he did not, but 
he gave me authority to administer the oaths becaun^ he could not get around 
to all the places. 

Q. How did he give you authority? 

A. I dont' know where he got It from but h<» gave it to me; that is all I 

know. 

Q. By written authority?— A. No. sir; he wrote in the notice to appear that 
I was appointed on the election board and to appear before him. 

Mr. Maynard. I object to that as not the best evidence and ask that the 
answer be stricken out. 

By Mr. Adams : 
Q. You were iuFpector and had been sworn in as inspector when you admin- 
istered the oaths to these others? — ^A. Yes, sir. 



OABNEY VS. SMITH. 201 

RIGHABD EARLY, being first sworn to tell the truth, the whole truth, and 
nothing but the truth, testified in behnlf of the contestant as follows: 

Direct examination by Mr. Adams : 

Q. You live In Kalamaozo?— A. Yes, sir. 

Q. You have lived here for several years continuously, have you not? — 
A. About thirty years. 

Q. Were you a member of the election board November 5, 1912, of the general 
election in the city of Kalamazoo? — A. Yes, sir, I was. 

Q. What one? — ^A. Inspector. 

Q. What precinct?— A. The fifth precinct. 

Q. Did yon take an oath to act as Inspector or otherwise at that election at 
any time?— A. Yes, sir. 

Q. Before whom? — ^A. Before the city clerk, Clarence L. Miller. 

Q. I show you Exhibit 93. What is it? — A. It is the poll book of the general 
election of the fifth precinct, held on Tuesday, the 5th day of November, 1912. 

Q. I call your attention to the first oath that appears in that exhibit. Will 
you please read it from that book? — A. (Reading:) " State of Michigan, County 
of Kalamazoo, ss. I do s<j1emnly swear or affirm that I will support the Consti- 
tution of the United States and the constitution of this State and that I will 
faithfully discharge the duties of the office of inspector of election held on 
Tuesday, the 5th day of November. 1912, according to the best of my ability. 
^ help me God. Richard Early. Subscribed and sworn to before me this 5th 
day of November, A. D. 1912. Clarence L. Miller, city clerk." 

Q. Did you take that oath before Clarence L. Miller, city clerk? — A. Yes, sir. 

Q. I notice a certificate signed by John W. Rose as inspector of election, and 
one signed by Hiram Bogard as inspector, and one by R. H. Buckhout and one 
by M. J. McHugh as clerk, and J. R. Hedden as clerk of election, and Charles 
Bobins as clerk of election, and by G. H. Lnporte as gateket'per, and by Harmon 
Schering as gatekeeper of election? — ^A. Yes, sir. 

Q. Is that correct on this exhibit?— A. Yes, sir. 

Q. Your name appears under the jurat of each one of those oaths except the 
one that you took before the city clerk? — ^A. Yes, sir. 

Q- Is that correct? — ^A. Yes, sir. 

Q. Richard Early?— A. Yes, sir. 

Q. Those are your signatures? — ^A. Yes, sir. 

Q. Under your signature to those oaths to the several inspectors, clerks, and 
gatekeepers, there is no designation as to what capacity you administered the 
oatluk Will you state in what capacity you administered the oaths to those 
gentlemen? — ^A. As chairman of the board of election. 

Q. When you administered those oaths had you before that taken the oath 
before the city clerk to act as insi^ector of that election? — A. Yes, sir, 

Q. When did you administer these oaths to those several gentlemen? — ^A. Just 
previous to opening the polls. 

Q. On what day?— A. November 5, 1912. 

Cross-examination by Mr. Maynard. 

Q. Did you have them all sworn at the same time? — A. I did. 

Q. You ndniinistered the oaths that are in this book? — A. Yes, sir. 

Q. Then you administered to the gatekeepers there the oaths that are here 
signed?— A. Yes, sir. 

Q. Did you swear the gatekeepers not to allow any person to pass through 
the gates or inside of the railing except to vote or to assist some elector in the 
preparation of his ballot? Did you administer any such oath as that? — ^A. I 
did not. 

Q. There was none that you know of?— A. No. sir; I did not, but they were 
Bwom in to do their duty as gatekeepers on that board of election. 

Q. The same as this oath here?— A. Yes, sir. 

Q. To perform the duties of gatekeepers, " to the best of your ability, so 
help you God?" — A. Yes, sir. 

Q. You swore them to that oath? — ^A. Yes, sir. 

Q. As it appears in Exhibit 92?— A. Yes, sir. 

Q. Did you read that jurat to the first gatekeeper; have I read it since you 
have been on the witness stand? . Did you read it out aloud?— A. At the time 
they were sworn? 

Mr. Matnard. Is it r.dmlttod that the oaths to the gatekeepers were all in 
the same form as the oaths that counsel has had the witness read to-day? 



202 OABNBY VS. SMITH. 

Mr. Adams. Yes; but I move to strike out all the testimony as to any other 
form of oath than that from which they have had to read from as being 
incomi)etent, in the several exhibits that have been offered in evidence and as 
Irrelevant, incompetent and immaterial, and not covered by any allegatii>u iu 
the coutestee's answer. 

W. C. HIPP, being first duly sworn to tell the truth, the whole truth, and 
nothing but the truth, testified In behalf of the coutes^tant as follows: 

Direct examination by Mr. Adams : 

Q. You live In Kalamazoo? — ^A. Yes, sir. 

Q. And have for several years? — A. Yes, sir. 

Q. Were you a member of the election board in the city of Kalamazoo 
November 5, 1912, general election? — A. Yes, sir; I was. 

Q. What board were you on? — A. In the first precinct of the first ward. 

Q. Do you know a man named Irving M. Stimson? — ^A. Yes, sir. 

Q. State whether he was a member of that S2ime election board? — A. Yes, sir. 

Q. In what capacity did he act that day? — A. Chairman of the board. 

Q. Was he an inspector? — ^A. Yes, sir; he was. 

Q. I show you Exhibit 94, this is the poll book. Is It not, of the general 
election held November 5, 1912, precinct No. 1, city of Kalamazoo? — ^A. Yes, sir. 

Q. That is the precinct in which you acted? — A. Yes, sir. 

Q. Will you tell us whether that first oath or certificate that you find there 
on that book is, and read it? — A. (Reading.) "State of Michigan, County of 
Kalamazoo, ss. I do solemly swear or affirm that I will support the Con- 
stitution of the United States and the cimstitution of this State, and that I 
will faithfully discharge the duties of the office of inspector of the election held 
on Tuesday, the 6th day of November, A. D. 1912, according to the best of 
my ability. So help me God. Signed, Irving M. Stimson. Subscribed and 
sworn to before me this 6th day of November, A. D. 1912. Signed Clarence 
L. Miller, city clerk." 

Q. Now, then, I notice that John S. Rockwell took the oath of inspector of 
election, or signed the oath, rather, and Mr. Frisbee signed the oath as inspector, 
and L. W. Ma pes and W. C. Hipp; is that your signature? — A. Yes, sir. 

Q. Samuel B. Myers signed the oath as clerk of election? — ^A. Yes, sir. 

Q. And John McCarthey as clerk of election? — A. Yes, sir. 

Q. And Henry R. Campbell signed it as gatekeeper? — A. Yes, sir. 

Q. And S. G. Chilson signed it as gatekeeper? — ^A. Yes, sir. 

Q. That is true, according to the exhibit in your hands? — A. Yes, sir. 

Q. Exhibit 94?— A. Yes, sir. 

Q. Do you know whether any oath was administered to you gentlemen th»e. 
or to your lnsi)ectors and clerks and gatekeepers whose names I have read out 
of the Exhibit 94?— A. I think there was, by Mr. Stimson. 

Q. When did you administer the oaths to the other members of the Section 
board? — A. I should judge about 20 minutes to 7 o'clock, or something like that 

Q. Before any work had been done by the board or after work had been 
done? — ^A. Before any work had been done, practically, by the board. 

Q. Do you know whether Mr. Stimson was sworn in before you were? — ^A. He 
was sworn in before. 

Q. I notice that none of these Jurats are signed here except the one that ap- 
pears under the certificate of the oath of Mr. Stimson, In Exhibit 94. Is that 
correct? — A. Yes, sir. 

JESSE WIIvKINS, being sworn to testify to the truth, the whole truth, and 
nothing but the truth, testified on behalf of the contestant as follows: 

Direct examination by Mr. Adams : 

Q. Mr. Wilklns, you reside in the city? — ^A. Yes. sir. 

Q. Your name is Jesse Wilklns? — ^A. Yes, sir. 

Q. Were you living in Kalamazoo on November 5, 1912? — ^A. Yes, sir. 

Q. Did you act on the election board in the city of Kalamazoo at the general 
election held Tuesday, November 5, 1912? — A. Yes, sir; second precinct 

Q. In the second ward? — A. The first ward. 

Q. Did you take an oath to act as inspector or an officer on that election 
board in that precinct on that day? — A. I took an oath to act as chairman of flie 
board. 

Q. Before whom? — ^A. Clarence L. Miller, city clerk. 



n 



CARNEY VS. SMITH. 203 

Q. When did you take that oath? — ^A. It was either the night before or that 
morning of the election ; I will not say which now. 

Q. Did William 0*Bryne act as inspector of that election? — A. Yes, sir. 

Q. I show yon E2xhibit 95; state whether that is the poll book yon gentlemen 
used tliere that day in that precinct. — ^A. Yes, sir. 

Q. I notice that Will O'Bryne signed an oath as inspector and 6. F. Mahoney, 
F. A. Newall, and E. R. Peel signed oaths as clerks, and L. Kile acted as clerk, 
and George E. Kelly signed an oath as inspector and Samuel Flint signed an 
oath as gatekeeper, and John Hansen acted as gatekeeper; is that correct? — 
A. Yes, sir. 

Q. As shown by that exhibit? — ^A. Yes, sir. 

Q;. I notice that the name of Jesse Wilkins appears there to the jurats to 
those names I have Just read. — A Yes. sir. 

Q. Is that your signature? — ^A. Yes, sir. 

Q. In what capacity did you administer the oaths to those several g»itlemen 
there? — ^A. As chairman of the election board. 

Q. You administered the oaths, did you? — ^A. Yes, sir. 

Q. When did you administer them? — ^A. In the morning when we organised 
the board, before they performed any of their duties. 

Q. You had taken an oath before that to act as inspector of that election 
before the city clerk? — ^A. Yes, sir. 

Q. Clarence L, MUler?— A. Yes, sh-. 

Cros»«xamination by Mr. Matkajrd: 

Q. You didn't sign any of those oaths, did you? — A. Yes, sir. 

Q. Which one?— A. That one (indicating). 

Q. Who is that sworn to before? — ^A. I swore to it before the city clerk. 

Q. That appears to be sworn to before somebody else. — ^A. Apparently. 

Q. They signed the jurat in your name? — A. That is my writing. 

Q. You signed the jurat? — A. I signed them both. 

Q. You first signed the oath then signed the jurat?— A. Yes, sir. 

Q. The oaths administered to the gatekeepers, tlie first oath there; who 
was that gatekeeper? — ^A. Samuel Fields. 

Q. He signed the jurat himself, didn't he?— A. He did. 

Q. He didn't sign the oath at all?— A. He signed it in the wrong place. 

Q. This book does not show that any ofllcer administered an oath to him, 
does It? — ^A. No, sir; it does not. 

Q. Who signed the oath of the next gatekeeper? — A. John Hansen. 

Q. As gatekeeper? — ^A. Yes, sir. 

Q. Did any officer sign the jurat? — A. No, sir. 

Q. Witness, I ask you whether you administered an oath there to the keeper 
of the entrance gate to admit no one within the railing only those who en- 
tered for the purpose of voting or for the purpose of assisting someone in 
marking their ballot? 

Mr. Adams. I object to that as irrelevant and immaterial and for the further 
reason that there is no allegation contained in the answer of the contestee to 
make any such proof material or competent in this proceeding. 

A. I administered an oath to the gatekeepers 

Q. That question can be answered yes or no. 

(Last question read.) 

A. I administered an oath to the gatekeepers the same as it is in the book 
there. 

Q. You didn't use that language? — A. I didn't word it that way; no. 

E3. E. LABADIE, being sworn to testify to the truth, the whole truth, and 
nothing but the truth, testified on behalf of the contestant, as follows: 

Direct examination by Mr. Adams : 

Mr. Labadie, you reside In the city of Kalamazoo ?— A. Yes, sir. 

Q. Have lived here how long? — A. About 20 years. 

Q. Were you a member of the election board in the city of Kalamazoo at 
the general election held on Tuesday. November 5, 1912?— A. Yes, sir. 

Q. What precinct? — ^A. The ninth precinct. 

Q. Did you take any oath to act in any capacity as any ofllcer of that elec- 
tion before anybody?— A. Yes, sir. 

Q. Before wliom?— A. The city derk. 



204 CABNEY VS. SMXTU. 

Q. What oath did you take? To act In what capacity?— A. As inq)ector of 
the election. 

Q. Before Clarence L. Miller?— A, Yes, sir. 

Q. As city clerk?— A. Yes, sir. 

Q. When did you take that oath?— A. I took that on Monday night liefore 
election, I think on the 6th, and the election was held on the 7th. Or It was 
Monday night, that would be the 4th. The night of the council meeting. 

Q. Were you a member of the council November 4, 1912? — ^A. Yes, sir. 

Q. You were alderman from what ward? — ^A. The fourth. 

Q. By virtue of your being alderman you were a member of the city council 
at that time? — ^A. Yes, sir. 

Q. Do you know who the other inspectors were there that day? — A. Why, I 
have got it down in a little book I carry in my pocket. 

Q. Have you it with you? — ^A. Yes, sir. I think I can tell without the book. 

Q. What did you act as? — ^A. As inspector. John Verhage as inspector and 
Mr. Borne as inspector. 

Q. Who were the clerks? — ^A. George B. Brown and John Bennett and M. Mc- 
Moctur. 

Q. Who as gatekeepers? — A. J. DeSwartz and NicJ Reiser. 

Q. Do you know whether any oaths were administered to the other Inspectors, 
clerks, and gatekeepers there? — ^A. Yes, sir. 

Q. Who administered the oath to them? — ^A. I did. 

Q. When? — ^A. In the morning before the polls opened. 

Q. In what official capacity did you administer those oaths? — ^A. As chairman 
of the board. 

Q. You had been sworn in before him as Inspector by the city clerk? — k. 
Tes, sir. 

Q. Did those men ac*^ there as inspectors and gatekeepers, respectively, that 
you have named? — A. Yes, sir. 

Cross-examination by Mr. Matnabd: 

Q. YoQ didn't make any written oath? — ^A. We filled out the poll book there. 

Q. You Just filled out one book? — ^A. I think we filled out two books. 

Q. You made them in duplicate? — ^A. Yes, sir. 

Q. You made all the books In duplicate? — ^A. Yes, sir. 

Q. They were all alike as you understand? — ^A. Yes, sir. 

Q. Whatever occurred you put in one book and you put the same in the other 
book? — A. Yes, sir. 

Q. You made out two statement books? — A. Yes, sir. 

O. And two tally sheets? — A. Yes, sir. 

Q. And two poll books? — ^A. Yes, sir. 

Q. Calculated to be the same? — A. Yes, sir. 

Q. It is your reooUert'on now that they are? — A. Yes. sir. 

Q. Do you remember the oaths you administered to the gatekeepers? — ^A. The 
wording of it? 

O. Can you repeat it? — A. I don't know as I can, word for word, like this: 
"You solemnly swear that you will support the Constitution of tbe United 
States and the consMtution of the State of Michigan and perform your duties to 
the beat of your ability as gatekeepers at this election," or words to that effect 
and the same with the clerks. 

Q. By changing the name? — A. Yes. sir. 

Q. How many gatekeepers did you have? — ^A. Two. 

Q. Did you have an entrance ga*^e? — A. Yes, sir. 

Q. And one where the voters left the voting place? — ^A. Yes, sir. 

Q. Did you have a railing around the booths?— ^A. Yes, sir. 

Q. Those gates were placed in the railing? — ^A. Yes, sir. 

Q. Did you have one gatekeeper at the entrance gate? — ^A. Yes, sir. 

Q. Did vou swenr the gatekoeper at the entrance gate not to admit any per- 
sons within the railing only those who entered to vote or those who were in 
there to assist some voter in marking his ballot? 

Mr. AnAMs. I object to that as irrelevant and immaterial, because there is no 
allegation in the contestee's answer to admit such proof. 

A. I say yes to the question. 

Q. You gave that language? — ^A. Well, I think I did, as near as I can re- 
member it. 

Q. Did you say " to perform your duties as gatekeepers to the beet of your 
ability"? Was that the language you used? — ^A. I have been on the board sev- 



OABNEY VS. SMITH. 205 

eral yearfl» and I know that no one is allowed behind the railing, and I think 
1 used that language. 

Q. That form of onth?— A. Yes, sir. 

Q. You didn't recollect that when I first asked you?— A. I haven't had a 
cbance to answer that yet. 

Q. You gave the form? — A. That was for the inspectors. 

Q. Did you use this form in the book : " I will support the Ck)nstltution of 
the United States and the constitution of this State and faithfully discharge the 
duties of the office of gatekeeper at this election to the best of my ability. So 
help me God"? Is not that about the language? — ^A. I swore the inspectors 
separately. 

Q. Did you at this particular election, or did you swear them all in together? — 
A. No, sir; I did not 

Q. Did you swear them in separately? — ^A. Two by themselves; yes, sir. 

Q. Now, can you give the oath you gave to the gatekeepers to the entrance 
gate?— A. I think I could. "That you will swear that you will support the 
Constitution of the United States and the constitution of the State of Michigan 
and perform your duties here to the best of your ability as gatekeeeper and not 
admit anyone who Is not entitled to vote," or words to that effect. 

Q. Now, you think you are right this time? — ^A. I think I am. 

B. F. VAN BLARCOM, being sworn to testify to the truth, the whole truth, 
and nothing but the truth, testified as follows, on behalf of the contestant : 

Direct examination by Mr. Adams : 

Q. Mr. Van Blarcom, were you a member of the election board in the city 
of Kalamazoo at the November 5, 1912, election? — ^A. Yes, sir. 

Q. What precinct?— A. The twelfth precinct. 

Q. At that time and for some several days before that date had you been 
holding any oflScial position in the city of Kalamazoo? — ^A. Yes, sir. 

Q. What? — ^A. Alderman I was. 

Q. In the fifth ward?— A. Yes, sir. 

Q. As such you were a member of the city council? — A. Yes, sir. 

Q. Did you take any oath to act on the election board before any person 
before you acted on the bonrd? — ^A. Yes, sir. 

Q. When did you take that oath? — ^A. I believe it was the evening of the 
4th of November, at the council meeting, 1912. 

Q. Is that the poll book or is it not the poll book your board used there at 
that election, that Exhibit 95?— A. Yes, sir. 

Q. Will you please read the first oath In that Exhibit 95?— A. (Reading:) 
** State of Michigan, county of Kalamazoo, ss. I do solemnly swear or affirm 
that I will support the Constitution of the United States and the constitution 
of this State and that I will faithfully discharge the duties of the office of 
hispector of election held on Tuesday, November 5, 1912, according to the best 
of my ability. So help me God. Signed B. F. Van Blarcom. Subscribed and 
Bwom to before me this 5th day of November, A. D. 1912. Signed Clarence L. 
Miller, cltv clerk." 

Q. Is that your signature there? — ^A. Yes, sir. 

Q. You took that oath, did you? — ^A. Yes, sir. 

Q. Did Clarence L, Miller swear you on the 5th day of November? — ^A. No, sir. 

Q. You took the oath on the night of the 4th of November? — A. Yes, sir. 

Q. Was the city council in session that night, do you remember? — A. I be- 
lieve It was. If I remember rightly. 

Q. I notice in this Exhibit 95 there is an oath there signed by F. C. Waterman 
as inspector? — ^A. Yes, sir. 

Q. And James A. Warwick as inspector of election? — ^A. Yes, sir. 

Q. And an oath ^gned by Daniel Swonk as Inspector? — A. Yes, sir. 

Q. And an oath signed by Milo Hyma as clerk of election?— A. Yes, sir. 

Q. And another oath signed by Frank W. Warren as clerk of election? — ^A* 
Yeflk sir. 

Q. And another by Dave Crandall as clerk of election?— A. Yes, air. 

Q. And by W. H. Shakespeare as gatekeeper?— ^A. Yes, sir. 

Q. And the Jurat to each one of those oaths, except the oath you took before 
Clarence L. Miller, is under that jurat the name of B. F. Van Blarcom in each 
instance ?—A. Yes, sir. 

Q. Is that your signature?— ^A. Yes, sir. 

Q. You put it there?— A. Yes, sir. 



206 GABNEY VS. SMITH. 

Q. I notice thnt nuder that sigpiature there is no designation of the capacity 
you administered those oaths? — ^A. There is not. 

Q. Now, in what capacity did you administer the oaths to those several men? 

Mr. Maynasd. Objected to as incompetent and immaterial. 

A. As chairman of the board of election. 

Q. When did you administer those oaths to those several gentlemen?— A. 
Just previous to oi>ening the polls. 

Q. Before or after you had taken the oath before Clarence L. Miller, city 
clerk? — A. After. 

Cross-examination by Mr. Maynabd: 

Q. The oath that you administered to the gatekeepers is this oath here in 
this exhibit?— A. Yes, sir. 

Q. Did you administer any other oath to those gatekeepers than that which 
appears there? — A. No, sir. 

Q. Which one was the entrance gatekeeper? — ^A. Charles W. Davenport 

Q. You administered to him the oath that is in this book? — ^A. Yes, sir. 

Q. Did you administer any oath in any other language than that oath there 
to him? — . No, sir. 

Mr. Maynabd. You will concede that all the oaths are in the same form? 

Mr. Adams. Yes. 

W. E. GEARY, being first duly sworn to tell the truth, the whole truth, and 
nothing but the truth, testified in behalf of the contestant as follows: 

Direct examination by Mr. Adams : 

Q. Mr. Geary, you live in the city? — A. Yes, sir. 

Q. A business man here? — ^A. Yes, sir. 

Q. How long have you lived in the city? — A. Thirty years. 

Q. Did you act on the election board in the city of Kalamazoo on the 6th 
day of November, 1912, at the general election? — ^A. Yes, sir. 

Q. What board? — A. In the seventh precinct, as inspector. 

Q. I notice here In Exhibit "96" which I show you, this second certificate 
there or oath seems to be signed by W. E. Geary, oath of Inspector of election; 
is that your signature? — A. Yes, sir. 

Q. The jurat is signed by Benjamin O. Bush? — A. Yes, sir. 

Q. Did Benjamin O. Bush administer the oath to you that day? — A. Yes, sir. 

Q. Now, did you know, on November 5, 1912, a lady named Harriet Marsh?— 
A. Yes, sir. 

Q. Was she there that day? — ^A. Yes, sir. 

Q. While that election was being conducted, or any part of the day? — A. Yea, 
sir; part of the time. 

Q. I understand that she claims she was there in the forenoon of that day; 
what did she do there that day? — A. She sat Inside, about 3 feet from the table 
that contained the ballots. 

Q. Did she handle or have anything to do that day with any of the ballots 
that were used at that election while you were there? — A. No, sir. 

Cross-examination by Mr. Maynard: 

Q. Did you have a railing surrounding the booths at that election precinct?— 
A. Yes, sir; a partition straight across, with a door about 3 feet high where 
the ballots were handed over. 

Q. Which way does the building face? — ^A. Faces to the east 

Q. The voters came In from the east? — A. Yes, sir. 

Q. What did they enter when they first came into the room? — A. They en- 
tered a hallway leading right up to where they received their ballots. 

Q. Which way did the hallway run? — ^A. East and west. 

Q. How long a hall was It?— A. Why, 10 feet, possibly 12. 

Q. Did this hall go to the room where the voting place was? — ^A. Yes, sir; 
straight to the window. 

Q. What window? — A. The doorway where the ballots were handed over. 

Q. Was that room where the ballots were handed over in the same room you 
were in? — A. No, sir: the election board sat In one room and the booths were 
in another. 

' Q. Could the election board see the voters until after they got the ballots?— 
A. No, sir. 

Q. Mrs. Marsh A. Miss Marsh. 



GABNEY VS. SMITH. 207 

Q. This young lady had a seat in here where the board was? — ^A. Yea, sir; in 
the same room. 

Q. Where the ballots were being distributed? — ^A. Yes, sir. 

Q. Do you know what she was there for? — ^A. She was admitted by card, I 
suppose, to look after the Suffrage interests. 

Q. She was there to influence people to vote for Suffrage was she not?— A. I 
don't think so. 

Q. If she said so on the stand to-day, she was mistaken? 

Mr. Adams. I object to that as incompetent, irrelevant, and immaterial. 

A. I couldn't answer that question.^ 

Q. If she said so on the stand here to-day, that her object was to influence 
people to vote for the Suffrage question — ^if she so testified that, that would 
be a mistake, would it? 

Mr. Adams. I object to that as incompetent, irrelevant, and immaterial, and 
not a proper question for counsel to ask. 

A. I don't know bow I would be able to judge what her intentions were. 

Q. You gave n response on direct examination that she was not there for that 
purpose, didn't you? — A. Just what her intentions were, I couldn't tell you. 

Q. You thought they were i>erfectly honorable, didn't you? — ^A. Yes. sir. 

Q. Witness, did you have an entrance gate Into the booths? — ^A. Why, the 
booths opened up Into the entrance. 

Q. In this voting precinct you didn't have any railing around the voting 
place, did you? — A. No, sir. 

Q. The voting booths were in a room by themselves, were they not? — ^A. 
Yes, sir. 

Q. After the voter received the ballot at the door in the room where the board 
of inspectors were sitting, they took their ballot and proceeded along the hall 
and opened a door that went in where the voting room was? — A. They were 
given a booth by the gatekeeper. 

Q. He took them to the booths? — ^A. Yes, sir; that were vacant. 

Q. How did they get in where the booths were, through the door? — ^A. They 
stei>ped right into the booths; the booths were lined up and they received 
their ballots 

Q. The door of each booth opened into the hall? — ^A. Yes, sir. 

Q. This hnll was separate fr<mi the place where the board of inspectors 
were?— A. Yes, sir. 

Q. That is, the ball run east and west? — ^A. Yes, sir. 

Q. There were doors opening to the north into the ball from each booth? — ^A. 
'Hiey opened to the south ; they came in on the northeast comer of the building. 

Q. They must have entered from the north? — A. No, sir; the northeast 
corner of the building, facing east ; they came in and walked up and got their 
ticket. 
. Q. They came in from the east? — ^A. Yes. sir. 

Q. The first door they arrived at was a hall" door where the ballots were 
delivered?— A. Yes, sir. 

Q. Which way did that door face?— A. East. 

Q. They came right back to that door? — ^A. Yes, sir. 

Q. Which way did the hall go they came from when they departed from 
the window? — ^A. They went south into the booths: went In one side of the 
booth and out of the other; came in from the north side of the booth and 
came out the south side of the booths, out to the man who received and 
deposited th^r ballots. 

Q. They entered the booths from the north side? — ^A. Yes, sir. 

Q. In the door from the north side into the booths? — A. Yes, sir. 

Q. And passed through and came out on the south side of the booths? — ^A. 
Ves. sir. 

Q. And delivered their ballot to one of the Inspectors? — ^A. Yes, sir. 

Q. Who received the ballots there?— A. I don't know his name; I think Jim 
Chase, if be was on ; he has been on two or three times and I have got mixed 
Dp with Jim Chase's name; if it appears there, he received the ballots. 

Q. Which corner of the room was he in? — A. In the southeast comer. 

Q. Where the votes came out ?-tA. On the south side of the building. 

Q. Going out on the street? — ^A. Out into the alley. 

Q. On the side of the building?— A. Yes, sir. 

Q. Did you have any railing there or was the door the only thing between him 
>Dd the alley?— A. The only thing. 

Q. He went out of the door? — ^A. Yes, sir. 



208 GABKEY VS. SMITH. 

Q. Did those booths come clear to the ceiling? — ^A. I think not 

Q. How high did they go?— A. About 8 feet. 

Q. About 8 feet high?— A. Yes, sir. 

Q. From where the board of inspectors sat they could not see the lK>othB? — 
A. No. 

Q. But they could see the voters when they left the booths? — ^A. Yes, sir; 
flrom where I was I could not. 

Q. Were you able to see them when they left? — ^A. Because I sat in the 
southwest comer and where they deposited their ballots they went out of the 
door on the south side. I could see them over the half door where they de- 
posited their ballots. 

Q. Was this room in which the inspectors sat facing the east? — A. Facing 
the east. 

Q. There was a door opening into that half door where you delivered the 
ballots? — ^A. Yes, sir. 

Q. That was on the east side of the room ? — A. Yes, sir. 

Q. From that door where they got their ballots they went straight east — 
straight west — on the north sides of the booths; and came into the booths on 
the north side? — ^A. They came into the booths on the north side and went out 
on the south side. 

Q. Went out of the door on the southeast comer? — ^A. Yes, sir. 

Q. That room in which the board sat, where was there room for a door 
there where you could see them leave; in which part of the room? — ^A. Why, 
the gate where they received their ballots was on the east side of the room, 
not the south side of the room. The door where they left was on the south 
side also. 

Q. Then the door at which you delivered the ballots to the voters was in 
which corner of the room? — ^A. The northeast comer. The voters came in 
here [indicating] and received their ballots at the half door or gate standing 
about 3 feet high and they handed their ballots over here and they took their 
ballots and the gatekeeper admitted them to whatever booth was vacant, and 
after they voted they came out and deposited their ballots there and they let 
them out there and they walked to the street again — this is Potter Street along 
up here, and here is a long table where the folks are and another table here 
and there is where Miss Marsh sat, right there. 

Q. Now, witness, the voters came in at the northeast corner? — A. Yes, sir. 

Q. They came in opposite the booths? — ^A. Yes, sir. 

Q. And when they came in they passed along by the side of the booths and 
there was no railing between the booths and the voters? — ^A. No, sir. 

Q. A gatekeeper was placed at that entrance gate and in the northeast cor- 
ner of the building? — A. Yes, sir; inside. 

Q. The entrance gatekeeper was on the Inside of the gate? — A. Yes, sir. 

Q. They proceeded to the northeast corner of .that first room they entereti 
into? — ^A. Yes, sir. 

Q. And received their ballots through the half window there? — ^A. Yes. sir. 

Q. There was no gatekeeper at that door, was there? — ^A. The ticket man 
stood there that handled the ballots. 

Q. No gatekeeper attended that door? — ^A. No, sir. 

Q. The voters had to pass between that row of booths and that single booth 
to get their ballots?— A. Yes, sir. 

Q. The next room, or back room. In which the board of Inspectors sat there 
was a table rimning across the room extending north and south, was there 
not? — ^A. Yes, sir. 

Q. On that table what was deposited? — ^A. The ballots, and on one end the 
clerks working at their side. 

Q. In that book room was there any door of egress? — ^A. Yes, sir. 

Q. Whereabouts? — A. There was a door In the rear. 

Q. Opening into what? — A. Into a storeroom — boiler room. 

Q. Could you get out of the back way In going to the west? — ^A. Yes, sir. 

Q. Did you have any gatekeeper there? — ^A. No, sir; the door was locked. 

Q. Your board of inspectors were in this back room? — A. Yes, sir. 

Q. In the southeast corner of the room what did you have — ^the southwest 
comer? — A. The man who received the ballots. 

Q. In the southwest corner of the room? — ^A. Yes, sir. 

Q. Who received the ballots? — ^A. No, southwest; there was a table there. 

Q. What was done on that table? — ^A. The ballots were initialed on the 
table. 



CABNEY VS. SMITH. 209 

Q. Whereabouts was Miss Marsh?— A. She sat to the north and west of the 
end of the table. 

Q. When she was standing up she could see over that half door and see 
the voters when they were going In ? — ^A. Yes, sir. 

Q. But from the position in which she was in she could not see any of the 
Totere when they were delivering their ballots or leaving the room, could she? — 
A. No, sir ; she could see them delivering them if they came close enough to the 
window, but not leaving the room. 

Q. Where did the person who was receiving the ballots stand? — ^A. He stood 

close to the half door. 

Q. In the southeast comer of the back room? — ^A. In the southeast comer 
of the back room. 

Q. There was a double door opening into the room east of it? — ^A. No, air; 
not a double door. 

Q. Or a half door, I would say? — ^A. Yes, sir; a half door. 

Q. When the voters received their ballots from the northwest corner of the 
first room they entered, if the booths were full and they wanted to use a 
booth on the north side of the front room, where did they go? — ^A. They had 
to wait if the booths were full. 

Q. Until the booths were free?— A. Yes, sir. 

Q. And then ihlss through? — ^A. Yes, sir. 

Q. Was there a booth in the room in the southeast comer of that building? — 
A Yes, sir; very close to the southeast comer. 

Q. Was that where that door was^ that door of exit ioto tbe alley? — A. 
Yes, sir. 

Q. Now, if any voter had taken any ballots there was nothing to hinder him 
walking right out of that door into the alley at all? — A. We had a gatekeeper 
there. 

Q. You had three gatekeepers? — ^A. No, sir; two. 

Q. Did you have one at the door that opened into the back room? — ^A. Yea, 
sir; there was one there. One where they received the ballots, and one where 
they deposited the ballots, two gatekeepers. 

Q. Did you have one where th^ first came in? — ^A. Yea, sir; we had one 
here and one here. [Indicating.] 

Q. And one where they went out of that door? — ^A. Yes, sir. 

Q. You didn*t have one here where they deposited the ballots or handed 
them over that half door to the officer who received the ballots? — ^A. Yes, sir; 
there was a man right there, this same man, it was only a small space to stand 
there. 

Q. One man attended to both places? — ^A. It was about 4 feet wide and 8 
feet long. 

Q. How many booths were there running east and west — in the first room? — 
A Well, sir ; I would have to guess at that ; I would say six. 

Q. Besides the two on the end? — ^A. Yes, sir; maktpg about eight in all. 

Q. Those booths did they have partitions that went clear to the ceiling? — 
A They had doors on both sides of them and ran up about 8 feet. 

Redirect examination by Mr. Adaub : 

Q. What was this building in whicl^ this election was held? — ^A. I think 
it was built on purpose for that. 

Q. Built on purpose for that? — ^A. Yes, sir. 

Q. Were there any roon^s in the building on the floor in which this elec- 
tion was held than those you have described? — ^A. No, sir. 

Q. In the west room was a door where the inspectors were stationed lead* 
ing outdoors somewhere? — ^A. At one end of the room. 

Q. That door was locked I understand? — ^A. Yes, sir. 

Q. Nobody could come in or go out with that locked?— A. It waa locked on 
the inside. 

Q. So the board of inspectors had charge of the key to that door? — A. Yea^ 
sir. 

Q. Now, then, there was a gatekeeper stationed where the voters came in 
that day, waa there? — A. Yes, sir. 

Q. There was a gatekeeper stationed on the other sides of the booths where 
the exit was for the voters to go out? — ^A. Yes, sir. 

Q. I am going to make A there and B there and C and D there and E, and 
I show you now what is called " Bxhibit 96," where you notice A in the circle 
there, was that the entrance?— A. Yes^ air. 

280—18 ^14 



210 CABNBY VS. SMITH. 

Q. There was a door there? — ^A. Yes, sir. 

Q. The voters came in there? — ^A. Yes, sir. 

Q. Was there a gatekeeper anywhere near A as marked on that EiXhiblt 
96?— A. He admitted them. 

Q. Where did he stand when he admitted them? — A. Inside of the door, 
with his hand on the door. 

Q. B where you find that In a circle, state what was done at that point? — A. 
We took their names there and the ballots were handed out. 

Q. The Inspector who handed the ballots there stood where? — A. He stood 
close to the gate. 

Q. Which side of the gate?— A. On the inside. 

Q. The west side? — A. Yes, sir. 

Q. The voter received his ballot at B, then where did he go? — ^A. He went 
to one of the vacant booths. 

Q. After getting ready to deposit his ballot, where did be go then? — ^A. He 
passed through the opposite side of his booth and went to the window 
marked D. 

Q. Was there any inspect;or near D? — ^A. Yes, sir; about where that cir- 
cle Is. 

Q. There was a half door there? — ^A. Yes, sir. 

Q. What do you mean by a half door? — ^A. Just as that door there, the 
middle of it just below the long panels and a flat rail put on top, built for 
that purpose. 

Q. How high was it?— A. About 3 feet 

Q. The inspector stood on the west side of that? — ^A. Yes, sir. 

Q. At or near D the votjer came up to D and deposited his ballot there, 
did he?— A. Yes, sir. 

Q. Where did the voter go after he deposited his ballot? — A. He went out 
of the door by the gatekeeper. 

Q. What door? — A. The door on the southeast corner of this building 
marked O. 

Q. Where O is in the circle?— A. Yes, sir. 

Q. Was there a gatekeeper there? — ^A. He stood there, and back and forth 
to give them ordera 

Q. Were the voters allowed to go into the room back 'of this half door which 
was near the point where you find B and C In the circle? — ^A. No, sir. 

Mr. Adams. We offer Exhibit 97 in evidence. 

Q. I show you Exhibit 96; I notice there that James B. Chase just took the 
oath as inspector, signed the oath as inspector; is that correct, on this book? — 
A. Yes, sir. 

Q. William W. Wilson signed it as clerk?— A. Yes, sir. 

Q. James Prudle signed it as clerk? — ^A. Yes, sir. 

Q. And Arthur Milton signed it as clerk and Charles Hand took the oath as 
gatekeeiier? — ^A. Yes, sir. 

Q. And George T. Brown signed it as gatekeeper? — A. Yes, sir. 

Q. Now, do you know before whom the men I have named took their respec- 
tive oaths for their respective positions that day? — ^A. B. O. Bush. 

Q, Ben O. Bush was the same Ben O. Bush whose name appears there signed 
to that certificate, that oath, before Clarence L. Miller, city clerk? — ^A. Yes, sir. 

Q. When were those oaths administered to you and those other gentlemen? — 
A. Before opening the polls in the morning. 

Q. Was the city clerk up there that morning? — A. Yes, sir. 

Q. What time was he there? — ^A. Why, he was there pretty early that morn- 
ing; I expect a little after 7 o'clock. 

Q. Do you know whether the city clerk administered any oath to B. O Bush 
that morning? — ^A. No. sir. 

Q. You don't know about that? — ^A. I do not 

Q. You don't know when B. O. Bush was sworn by Clarence L. Miller? — ^A. 
I understood the night before. 

LAWRENCE HOLLANDER, being sworn to testify to the truth, the whole 
truth, and nothing but the truth, testified on behalf of the contestant as follows : 

Direct examination by Mr. Adams : 

Q. You live in Kalamazoo? — ^A. Yes, sir. 
Q» You have lived here a number of years? — ^A. Yes, sir. 
Q. Were you a member of the election board in the city of Kalamasoo at the 
November 5, 1912, election? — ^A. Yes, sir. 



CABNEY VS. SMITH. 211 

Q. What board were you on? — A. In the eleventh precinct — the election board 
In the eleventh precinct. 

Q: Did you take an oath before commencing to act as inspector or otherwise 
on that board? — A. Yes, sir. 

Q. Before whom? — ^A. Before Clarence L. Miller, city clerk. 

Q. I show you Exhibit 98; what is that?— A. That is the poll book of the 
general election held in the eleventh precinct in the fourth ward of the city of 
Kalamazoo on the 5th day of November, 1912. 

Q. Will you read the first oath or certificate that you find in that book? — 
A. (Reading.) '* I do solemnly swear or affirm that I will support the Consti- 
tution of the United States and the constitution of this State, and that I will 
faithfully discharge the duties of the office of inspector of election held on 
Tuesday, the 5th day of November, A. D. 1912, according to the best of my 
ability. So help me God. Signed I^wrence Hollander. Subscribed and sworn 
to before me this 5th day of November, A. D. 1912. Signed Clarence L. Miller, 
city clerk.". 

Q. Who signed that certificate, Lawrence Hollander? — ^A. I did. 

Q- When did you sign that? — A. I signed that the evening of the election — 
the morning of the 5th day of November. 

Q. Where? — A. At the election place. 

Q. Now, were you sworn before Clarence L. Miller at that time? — A. No, sir. 

Q. When were you sworn before him? — A. If I remember right, I think on 
the second day of November, before Clarence L. Miller, city clerk. 

Q. I notice there is a certificate signed by Cornelius Grofott as inspector? — 
A. Yes, sir. 

Q. A certificate or oath by Cornelius Van Waldron as Inspector? — ^A. Yes, sir. 

Q. And a certificate signed by John Goudeau? — A. Yes, sir. 

Q. Ab inspector of election? — A. Yes, sir. 

Q. And a certificate signed by Peter D. Bluin as clerk? — ^A. Yes, sir. 

Q. And a certificate signed by L. C. Kackett as clerk of election? — ^A. Yes, sir. 

Q. And by George Dilkert as clerk of election? — ^A. Yes, sir. 

Q. And a certificate signed by L. B. Mans as gatekeeper? — A. Yes, sir. 

Q. And another certificate by Joseph Kiel as gatekeeper? — ^A. Yes, sir. 

Q. In this exhibit?— A. Yes, sir. 

Q. Isn't that true?— A. Yes, sir. 

Q. The oath under each one of those certificates, except the one you signed 
and took the oath before Clarence h. Miller — the jurat Is signed by Lawrence 
Hollander?— A. Yes, sir. 

Q. In that exhibit?— A. Yes, sir. 

Q. Is that your signature? — ^A. Yes, sir. 

Q. In each of those instances? — ^A. Yes, sir. 

Q. I notice there is no official designation under your signature to those re- 
spective oaths? — ^A. Yea, sir. 

Q. In what capacity did you administer those oaths to those several gentle- 
men?— A. As chairman of the board of election. 

Q. At the time you did that were you or were you not sworn in before Clar- 
ence L. Miller, city clerk, as inspector of that election? — A. Yes, sir. 

Q. When did you administer the oath to those respective gentlemen whose 
names I have called your attention to? — A. Previous to opening the polls. 

Q. On what day? — ^A. The 5th day of November, probably 15 minutes to 7 
o'clock in the morning. 

Q. On the 5th day of November, 1912?— A. Yes, sir. 

Cross-examination by Mr. Matnabd : 

Q. Did yon administer the oaths to the gatekeepers? — ^A. Yes, sir. 

Q. Was this the only oath you administered to them? — A. There was but one 
oath I administered to the gatekeepers. 

Q. You made it no different than the form you found there when you swore 
in the gatekeepers — ^the entrance gatekeeper? — A. Yes, sir; I added in some- 
thing there. I told them to discharge their duties faithfully and impartially 
as gatekeepers. 

Q. How did you come to be chairman of the board? — ^A. I was informed by 
the clerk that I was on the list 

Q. After taking the oath you went there and assumed the duties of chair- 
man?— A. Yes, sir. 

Q. And acted in that capacity all the way through?— A. Yes, sir. 



212 CABNEY VS. SMITH. 

Mr. Adams. I offer in evidence act No. 8 of the public acts of the extra 
session of the Legislature of the State of Michigan for the year 1912, being 
an act to amend section 23 of act No. 190 of the public acts of 1891, as amended, 
entitled "An act to prescribe the manner of conducting and to prevent fraud 
and deception at elections in this State," said amended section being 3633, 
Compiled Laws of 1897. 

Will you concede these are the public acts of the special session of the Leg- 
islature of the State of Michigan? 

Mr. Matnabd. Yes, sir. 

The people of the State of Michigan enact: 

Section 1. Section 23 of act No. 190, Public Acts of 1891, as amended, en- 
titled "An act to prescribe the manner of conducting and to prevent fraud 
and deception at elections in this State," is hereby amended to read as follows : 

** Sec. 23. At every election, each of the political parties, and any organiza- 
tion or committee of citizens interested in the adoption or defeat of any measure 
to be voted for or upon at any election, or interested in preserving the purity 
of elections and in guarding against the abuse of the elective franchise, shall 
have the right to designate and keep not exceeding two challengers at each 
place of voting, who shall be assigned such positions immediately adjoining the 
inspectors inside the polling place as will enable them to see each person as 
he offers to vote, and a seat and table or desk on which he may write within 
the railing shall be furnished for the accommodation of one of such chal- 
lengers, and he shall have the right to inspect the poll lists as kept by the 
clerks, and who shall be protected in the discharge of their duty by the in- 
spectors and police. Authority signed by the recognized chariman or pre- 
siding officer of the chief managing committee of any organization or com- 
mittee of citizens interested in the adoi>tion or defeat of any measure to be 
voted for or upon at any election, or interested in preserving the purity of 
elections and in guarding against the abuse of the elective franchise or any 
political party in such county or township, city, ward, or voting precinct shall 
be sufficient evidence of the right of such challengers to be present inside the 
room where the ballot box is kept. The chairman appointing any challenger 
may, at his discretion, remove him and appoint another. Any challenger shall 
have the right and privilege of remaining during the canvass of the votes and 
until the returns are duly signed and made. Any officer or election board 
who shall prevent the presence of such challengers as above provided, or shall 
refuse or fail to provide such challengers with conveniences for the perform- 
ance of the duties expected of them, shall, upon conviction, be punished as pro- 
vided in section 45 of this act. 
"Approved April 9, 1912." 

Mr. Adams. Unless you will concede it, I want to show that Charles Ray 
was a justice of the peace in the township of Texas, Kalamazoo County, Mich. 

Mr. Maynard. We admit that. 

Mr. Adams. It is conceded, then, that Charles Ray was a Justice of the 
peace and had been for several days prior to November 5, 1912, In the township 
of Texas. 

CLAUDE S. CARNEY, being sworn to testify to the truth, the whole truth, 
and nothing but the truth, testified in his own behalf as follows : 

Direct examination by Mr. Adams: 

Q. Your name is Claude S. Carney?— A. That is my name. 

Q. Are you the contestant in this proceeding?— A. I am. 

Q. When, Mr. Carney, did you first learn of the facts in connection with the 
failure of the election board of the township of Windsor, Eaton Coimty, Mich., 
to have initialed the ballo'^s that were used at the general election November 
6, 1912, on which the different candidates names— candidates for Representa- 
tive in Congress — were printed not having been placed below the perforated cor- 
ner, or line, which was on one comer of the ballot? — ^A. The first intimation I 
had of that matter was by a letter which I received and opened on the 14th of 
April, a letter from Sam Robinson, of Charlotte; the letter was dated April 12. 
I got it the Monday morning following. 

Q. That was the first intimation you received In regard to that, was on the 
14th of AprU, 1913?— A. Yes, sir. 

Mr. Matnabd. I want this testimony taken subject to this objection, and want 
the objection to appear after the first question asked the witness. I object to 



CARNEY VS. SMITH. 213 

it as incompetent and immaterial, that there is nothing in the notice of contest 
to warrant any inquiry of this Iclnd, and that the application for leave to amend 
was made at a time when the time for talcing testimony on the part of the con- 
testant had expired. From the testimony already given in this matter It ap- 
pears that it was not a secret matter but was known to Democrats and Republi- 
cans alike, that it has been the practice of that board for years to conduct 
their elections in that manner. That there has been no Inquiry made by the 
friends of the contestant or Information given him by his friends on makers 
which were well within their knowledge, by those who were In charge of mat- 
ters for the contestant, and at this time nothing but evidence in rebuttal can be 
taken and it is not rebuttal. 

Mr. Adams. We make the same offer that was made the other day at Char- 
lotte, if you desire to rebut the testimony that has been taken in reference to 
Windsor Township taken at Charlotte yesterday, April 20, 1913, or the testimony 
takoi here in Kalamazoo this 30th day of April, 1913, with reference to Windsor 
Township, we will stipulate a reasonable length of time for counsel to put in 
such evidence in rebut al of the facts relative to Windsor Township which were 
put in yesterday at Charlotte, Mich., or make such answer as they want to 
make in relation thereto; such answer as they may want to make to the pro- 
posed amendment filed by the contestant 

Mr. Matnabd. It is stipulated and agreed on the record that the contestant's 
copy of the contestant's application to Congress for leave to amend his notice of 
contest was mailed to Horace S. Maynard, attorney for the coutestee, at the city 
of Kalamazoo, Mich., on the 22d day of April, and was received by said attor- 
ney for the contestee on the 23d day of April, 1913. And that a copy of the 
same petition and the proposed amendment was personally served on John M. 
a Smith, the contestee. In Washington, D. C, on the 24th day of April, 1913. 

Mr. Adams. Will you stipulate that Exhibit 99, which I now offer In evidence, 
is a correct copy of the contestant's application to Congress for leave to amend? 

Mr. Maynard. Yes; but I will make the formal objection as incompetent and 
immaterial. 

The Witness. This is a copy of the original notice of contest and petition to 
Congress in this contested election. 

Q. Referring now to your information with regard to the failure of the 
township board of Windsor to Initial the ballots referred to, in what we claim 
is the proper place to Initial them, when you received the information which 
you say you did receive on or about the 14th of April, 1913, what did you do in 
relation to it? 

Mr. Matnabd. May it be considered that the objection made to the first 
question propounded to the witness may stand and cover all that the witness 
gives evidence of in this inquiry, of like nature? 

Mr. Adams. As far as Windsor Township is concerned, yes. 

A. The first thing I did was to consult with you, one of my attorneys In this 
matter, my attorney of record, John W. Adams. I believe that was not 
until the 15th or 16th, I think the 16th, It seems to me that a day or two days 
elapse before I was able to see Judge Adams. On the 18th day of April I 
went over to Charlotte from Kalamazoo by rail and there I conferred with R. L. 
Sowers, an attorney at Charlotte. I did not see the writer of the first informa- 
tion, Robinson, at that time; but in my presence Mr. Sowers telephoned to 
Dimondale. which is located in Windsor township, and together with Mr. Sowers 
we drove in an automobile from Charlotte to Dimondale and there interviewed 
Mr. M. V. Mulholand, who was the first person I talked with who claimed to 
know anything about the facts except by hearsay. All the information, sub- 
stantially, we got from him was that his ballot was initialed upon the upper 
comer above the perforated line and he gave us the name of some of the elec- 
tion board. I don't think he gave us all the board, but some of the election 
board who he said would tell us about the transaction. Together with Mr. 
Sowers we then visited Ray Burnett who claimed to be the clerk of the Novem- 
ber fifth election and lownsbip clerk I think at that time; and he was the first 
person who gave me the full information that none of the ballots when counted 
bore the initials of the inspectors. From him we found who the other mem- 
bers of the board were with one exception I think. I think he told us the names 
of two other members of the board but he was not just sure, he got one election 
mixed with another. He gave us the name of Mr. W. J. Bateman who claimed 
to be supervisor at that election and one of the inspectors, and we talked with 
Mr. Bateman about the transaction. He verified he Information Mr. Burnett 
had given us. Then we drove back toward Charlotte and on the way we stopped 



214 CARNEY VS. SMITH. 

at S. J. Vauderbeck's residence. I did not see Mr. Vanderbeck himself; Mr. 
Sowers went back in the field and talked with him, what he said I don*t know 
except what Mr. Sowers told me about it. I stayed with the chauffeur and 
helped tinker the automobile. 

Q. Then what did you do? — A. I then returned to Charlotte and to Kala- 
mazoo by rail. Then I think within a couple of days, or three days at least, I 
made a full report of what I had learned to John W. Adams, one of my 
attorneys in this matter. If I remember rightly he was away when I re- 
turned. The talk was by telephone, I think he was about to go away again. 
I did not have an opportunity of seeing Judge Adams or talking with him 
except by telephone. Over the telephone we talked over this matter and then I 
commenced business and personally drafted a petition and notice that was 
finally filed, of which Exhibit 99 is a copy, which has been stipulated as the one 
that was sensed. On the 22d, I mailed one to H. S. Maynard at Charlotte so he 
could get it as early as possible and the other I mailed to the tally clerk of the 
House and asked him to serve a copy on John M. C. Smith. 

Q. Now the information you stated you first got — ^was or was not that the 
first information you had of these facts? — ^A. The first information of any kind 
I had. 

Q. The first Information you ever had? — ^A. Yes, sir. 

Q. Were you at any time before the board of county canvassers of Baton 
County after the November 5, 1912 election? — ^A. I was. 

Q. When? — ^A. It was during their session, I think the second day of their 
session. I think it was the day after the day provided by law for the first 
meeting. 

Q. What, if any, claim did you make to the board there when you were be- 
fore the board? 

Mr. Maynabd. I object to that. 

Q. What did you say? 

Mr. Matnabd. I object to that as incompetent and immaterial and not proper 
rebuttal. 

Mr. Abams. I will withdraw that. 

Q. Whot, if any, claim did you make before that board of county canvassers 
concerning any fraud in that election, or any part of the election In Ebiton 
County? 

Mr. Maynabd. I object to that as incompetent and immaterial and not proper 
rebuttal. 

A. Mr. Brown testified that I said something to the effect that I made no 
claim of any fraud. I did not make this statement but what I did say was this: 
That I made no claim that that canvassing board had any Jurisdiction to pass 
upon any question of fraud. That is the only statement I made in reference 
to that matter. 

Q. What did you ask that board, if anything, to do? 

Mr. Maynard. I object to that as incompetent and immaterial and not re- 
buttal. 

A. The only action I asked the board to take. I asked the clerk to reduce to 
writing, which he did in my presence before I left, so that I could not be mis- 
quoted afterwards. As my recollection serves me the minutes of that board 
are exactly as I stnted it before them. I think they are transcribed from the 
printed slip and the record is exactly as written down in the first place as 
near as I can recall. 

Q. Have you with you the notice you have given for the taking of testimony 
In your behalf In this proceeding? — A. I haven't all of those. 

Cross examination by Mr. Maynard: 

Q. You have John W. Adams as one of your attorneys of record? — ^A. Yes, sir. 

Q. Who is the other attorney of record? — A. E. C. Shields, of Howell. 

Q. Just to get it on the record I will ask you, has E. C. Shields been present 
at the taking of any testimony during this contest? — A. No, sir; I don't tliink 
he has been present at any of Uie hearings; I have been in conference with him; 
he was not present. 

Redirect examination by Mr. Adams : 

Q. Have you retained E. C. Shields as one of your attorneys In this contest? — 
A. I have. 

Q. When did you retain him with reference to the time you began the pro- 
ceedings? — ^A. It was some time before the filing of this contest; when steps 



CABNEY VS. SMITH. 215 

were taken In ft I consulted with Mr. Shields, who was formerly a college class- 
mate of mine, and retained him at that time. 

Q. You have consulted with him at different times since that? — A. Yes, sir; 
from time to time, both in person and, I think, by telephone. 

Q. I show you, Mr. Carney, what purports to be Exhibit 101 in this contest 
and ask you to explain what it is? — A. Exhibit 101 is a schedule of the number 
of miles traveled by each of contestant's witnesses, whose names appear thereon, 
in going to the respective places that each witness was summoned for the pur- 
pose of taking his deposition in this case, and also contains the number of 
miles required by each witness respectively to return to his place of residence, 
and the number of days each witness attended in giving his deposition. And 
each witness has already received as fees the sum of money set opposite to his 
name in the last column under the title of " Total fees," in accordance with 
this schedule. 

UinTE3) States of America, State of Michigan. 

I do hereby certify that I am now and have been for a period of one year 
last past a notary public of the State of Michigan and United States com- 
missioner for the western district of Michigan in the third congressional dis- 
trict of the State of Michigan, and that as such United SUites commissioner 
and notary public that each of the witnesses whose dei)osition and testimony 
is hereunto annexed were by me sworn to tell the truth, the whole truth, and 
nothing but the truth, and that I did correctly take down stenographically the 
testimony given in said matter by each of said witnesses, and that the testi- 
mony of said witnesses hereunto annexed is a correct and true transcript of 
the testimony given by each witness and of the whole thereof. 

I further certify that annexed hereto are all of the depositions taken before 
me as such notary public and United States conunissioner on the part of the 
contestant, Claude S. Carney, and all of the depositions taken before me aa 
United States commissioner and notary public on the part of the contestee, 
John M. C. Smith, that all oral stipulations made between attorneys for the 
respective parties before me at the time of taking said testimony were by me 
correctly taken down stenographically and correctly transcribed and made a 
part hereof; and that all written stipulations entered into and signed by the 
respective parties and hereunto annexed were delivered to me by the attorneys 
for the respective parties for the purpose of being made a part of this record 
and are annexed hereto, a part hereof ; that the annexed depositions consist of 
volume 1, containing 226 pages; volume 2, containing 125 pages; volume 3, con- 
taining 71 pages; volume 4, containing 8 pages; volume 5, containing 60 pages; 
volume 6, containing 50 pages; volume 7, containing 119 pages, on the part of 
the contestant, and that annexed hereto Is also volumes 1, 2, 3, and 4, containing 
833 pages, and volume 5, containing 1S3 pages ; volume 6, containing 224 pages, 
and volume 7, containing 185 pages, taken on behalf of the contestee. 

I further certify that annexed hereto are all of the exhibits which were deliv- 
ered to me by the attorneys for the respective parties for the purpose of being 
transmitted as a part of the different depositions taken in said cause; that 
annexed hereto are also copies of the contestant's witness subpcenas. 

I further certify that all notices to take the depositions of the different wit- 
nesses on the part of the contestant and on the part of the contestee are 
annexed hereto and by me returned with the said depositions; and that a copy 
of the contestant's notice of contest and a copy of the contestant's amendment 
to his said notice of contest, together with the answer of contestee, is prefixed to 
the said depositions and returned herewith; that all of the said volumes of 
depositions above described taken on the part of the said contestant and the said 
contestee, together with the notice of contest and the amendment to said notice 
of contest, the answer of the contestee, John M. C. Smith, the aforesaid exhibits, 
subpoenas, and all of said notices to take the said depositions are hereunto 
annexed and fastened together and annexed hereto and to said depositions is a 
stipulation entered Into between the parties hereto, through their respective 
attorneys, waiving certain requirements and irregularities in the taking of the 
depositions above described. 

In witness whereof I have hereunto set my hand and seal this 24th day of 
May, A. D. 1913. 

[SEAL.] Jos. W. Stock WELL, 

Notary PuNic and United States Commissioner. 

My commission as notary public expires July 8, 1913. 

My commission as United States commissioner expires October 19, 1914. 



216 CARNEY VS. SMITH. 

TESTIMONY FOR C0NTE8TEE. 

March 20, 21, 22, 25, 26, and 27, 1913. 

Mr. Maynabd. for the contestee. I file with the magistrate a copy of the 
answer with proof of service having been served upon the contestant on the 3d 
day of February, 1913. 

Mr. AnAMS. I object to the filing of that with the commissioner and making 
it a part of the record as unnecessary and that it is an improper proceeding to 
file it here and is incompetent, irrelevant, immaterial, and inadmissible. 

(CJopy of answer marked " Exhibit 53.") 

Mr. Matnabd. We also file our selection of Joseph W. Stockwell, notary 
public in and for the county of Kalamazoo in said third congressional dis- 
trict, State of Michigan, before whom to take our testimony for the respondent 
John M. O. Smith, reserving the right to take testimony before one or more 
notaries public besides him. 

(Marked "Exhibit 54.") 

We also offer in evidence the commission of Joseph W. Stockwell as notary 
public and will read it into the record. [Reading:] 

State of Michigan. 
[Michigan's coat of arms.] 

EXECTTTIVE DEPARTMENT. 

Fred M, Warner, governor in and over the State of Michigan, to all to whom 
theae presents shall come, greeting: 

Know ye that, reposing special trust and confidence in the integrity and 
ability of Jos. W. Stockwell in the name and by the authority of the people of 
the State of Michigan, I do appoint him notary public for the county of Kala- 
mazoo in said State of Michigan, and I do hereby authorize and empower him 
to execute and fulfill the duties of that office according to law, to have and to 
hold the said office, with all the rights, privileges, and emoluments thereunto 
belonging, for the term of four years from the date hereof, unless the governor 
of the State for the time being should sooner revoke and determine this com- 
mission. 

In testimony whereof I have caused these letters to be made patent, and the 
great seal of the State to be hereunto affixed. 

Given under my hand at Lansing this 8th day of July, in the year of oar 
Lord 1909, and of the Independence of the United States of American the one 
hundred and thirty-fourth. 

By the governor : 

Fred M. Warner. 
[Seal of the State of Micbif^an.l 

Frederick G. Martindale, 

Secretary of State, 
(Marked "Exhibit 55.") 

Mr. Maynard. We also offer In evidence Exhibit 56, being the notice to take 
proofs here to-day, due personal service is accepted by John W. Adams, at- 
torney for the contestant. 

DENNIS A. HAGER, being first duly sworn to testify to the truth, the whole 
truth, and nothing but the truth, testified on behalf of the contestee as follows : 

Direct examination by Mr. Maynard: 

Q. Mr. Hager, what is your given name? — A. Dennis A. Hager. 

Q. Where do you reside? — ^A. In the township of Sunfield. 

Q. Do you hold any to^^ship office in the township of Sunfield? If so, , 
what? — ^A. I do ; I am a Justice of the peace there. 

Q Were you a justice of the iieace on the 5th day of last November?— A. 
Yes, sir. 

Q. Did you act as one of the election board at the general election held in 
Sunfield township on the 5th day of November, 1912? — ^A. I did. 

Q. Were you present when the board was organized on the morning of the 
6th?— A. I was. 

Q. Were the several officials who operated on that board — did they admin- 
ister tlie constitutional oath to those officers in the morning before the opening 
of the polls? — ^A. Yes, sir. 



OABNEY VS. SMITH. 217 

Q. Who administered tlie oaths? — A. Mr. Bacon, the other justice of the 
pence that was on the board ; then I administered the oath to him. 

Q. He administered the oaths orally to all of those who acted upon the 
board but himself? — ^A. Yes, sir. 

Q. And you administered the oath to him? — ^A. Yes, sir. 

Q. Was that constitutional oath administered before you opened the polls? — 
A. Yes, sir, before; when we organized. 

Q. Was that orally administered or did you sign the oaths? 

Mr. Adams. I object to that as incompetent, irrelevant, and immaterial, and 
not the best evidence. The returns speak for themselves and can not be dis- 
puted in that regard. 

A. That was orally at that time. 

Q. When did you sign the oaths that were placed in the returns? — ^A. On 
the 6th day of November — the next day. 

Q. Did you finish the count? — ^A. Yes, sir; we finished the count 

Q. And the returns were then made up, were they? — ^A. Yes, sir. 

Q. After you had the polls opened on the morning of the 5th did that election 
proceed without any interruption until the noon hour? — A. It did. 

Q. Then what was done? — ^A. We adjourned for one hour at noon. 

Q. What occurred; what did you do with the ballots and the voting place 
when you adjourned? — ^A. The box(^ were left on the table, and we left one 
of the gatekeepers in charge of the boxes. 

Q. Do you know whether the box was locked or not? — ^A. It was. 

Q. Who held the key?-— A. I think Mr. Knapp. 

Q. Was he one of the clerks of the election? — ^Yes, sir. 

Q. He had been sworn in to that ofBce in the morning? — ^A. Yes, sir. 

Q. Who did you leave in charge of the precinct? — ^A. Mr. Slater. 

Q. Who was he? — ^^V. He was one of the gatekeepers. 

Q. Had he been sworn in to that office in the morning? 

Mr. Adams. I object to that as incompetent, irrelevant, and immaterial. 

A He had. 

Q. When were the polls opened in the afternoon? — A. At 1 o'clock. 

Q. Did you begin then again? — ^A. We did. 

Q. How long did you continue to have the polls opened? — ^A. Until 6 o'clock. 

Q. Were you there when the polls were closed? — ^A. At night? 

Q. Yes, sir. — A. Yes, sir. 

Q What time did you close tJie polls? — A. At 5 o'clock. 

Q. Did you leave the voting precinct after the polls were closed before you 
be^n the count? — ^A. No, sir; I did not. 

Q. How did you get your supper?— A. Why, I went over to a restaurant 
and got my supper after we commenced the count. Mr. Bacon and Mr. Palmer 
wwe reading the ballots while I went and got my supper. 

Q. Was Mr. Bacon a Justice of the peace and Mr. Palmer held the office of 
supervisor? — ^A. Yes, sir; chairman of the board. 

Q. Did you assist in counting any before you went after your supper?— A. 
Tea, sir; I did. 

Q. State what was first done after you closed the polls.— A. When we closed 
the polls we opened the ballot box and counted the ballots and tallied them up 
with our poll lists to see if they were all right. 

Q. Did you have any excess of ballots?— A. We did not; they were all straight 
Then we went to counting the ballots. Mr. Bacon went and got his supper and 
Mr. Palmer and I counted or read the ballots while Mr. Bacon got his supper. 

Q. Who read them, you or Mr. Palmer?— A. We changed off ; one didn't read 
all the time. 

Q. When one was reading what was the other doing? — A. Looking over the 
ballots with him. 

Q. All the while there were two that were watching the ballots?— A. Yes, rir; 
eTery minute. 

Mr. Adams. I object to this mode of examination, because the questions are 
exceedingly leading; I object to the question as lending. 

Q. Yon may state whether or not when one of you officers were reading the 
ballots the other one was watching to see that no mistakes were made. 

Mr. Adams. I object to that as leading. 

A. Yes, sir. 

Q. Was there any person there keeping tally while you read off the ballots? — 
A. Our township clerk and the clerk we appointed, Mr. Knapp. 

Q. What were the arrangements there — where were you located, where were 
the clerks located and the ones reading them?— A. Sometimes the one that was 



218 CARNEY VS. SMITH. 

reading the ballots sat here [Indicating] and the two clerks sat on this side 
facing the table, facing each other. 

Q. The one that was reading and tallying? — ^A. TeB, sir. 

Q. How long did you engage in the counting of the ballots there before there 
was any interruption ?— A. I didn't get the meaning of that question. 

Q. How long was the board engaged in counting those ballots before they 
stopped? — A. Well, from the time we commenced the count until about 1 o'clock, 
I think. 

Q. How long have you been a justice of the peace In that township? — ^A. This 
Is my second term; I have one year yet. 

Q. How long have you lived in that precinct — in that township? — ^A. All my 
life except about a year and a half. 

Q. What is your age? — A. I am 61. 

Q. You are acquainted, I suppose, in that township? — ^A. Pretty well ac- 
quainted; yes, sir. 

Q. Were there any persons that voted at that election at that prednct that 
were not resident electors of that township on that day? 

Mr. Adams. I object to that as incompetent and as calling for the conclusion 
of the witnesSw 

A. I think not. 

Q. You say you counted up until about 1 o'clock at night? — ^A. Yes, sir. 

Q. Then what did you do?— A. Well, we quit. 

Q. What did you do with the ballots? — ^A. We put the ballots we had counted 
in the bottom of the ballot box and the ballots we had not counted we rolled 
up and tied up and put in the box with the ballots that had been counted. 

Q. On top of those that had been counted? — ^A. Yes, sir. 

Q. What did you do with the tally sheet, the tally books? — A. We put them 
In the ballot box. 

Q, Was the ballot box locked? — A. Yes, sir; it was. 

Q. Then what did you do? — A. Well, we went out and went up to the 
clerk's office, Mr. Mapes, and from there over to the barber shop. 

Q. Then where? — A. We had been in the barber shop probably a couple 
of minutes, when we had orders to go at it and count the votes. 

Q. Then where did you go? — A. To the telephone office from there; Mr. 
Hunter and I; I had to call Mr. McPeek, the prosecuting attorney, to see if 
we would have to go back and count the ballots. Of course, he said we 
had to 

Mr. Adams. I object to that as hearsay. 

Q. You were advised by the prosecuting attorney, were you? — ^A. Yes, sir. 

Q. Where did you go? — A. Well, I went back; that is. after I called Mr. 
Palmer and Mr. Knapp and told them to go back, they had telephones, then 
I went over there and from there to the Justice of the peace, Mr. Bacon, and 
notified him. 

Q. Did the board assemble? — A. All but Mr. Palmer. 

Q. What did he say? — ^A. He says, ** I will be there in a few minutes." 

Mr. Adams. I object to what Mr. Palmer said as hearsay. 

Q. Did he come back at all? — ^A. He came back about 5 o'clock the next 
morning. 

Q. He didn't return to the booth until 5 o'clock in the morning? — ^A. About 
5 o'clock. 

Q. What did the rest of you do? — ^A. We proceeded to count the ballots. 

Q. Who proceeded? — A. The two clerks. Mr. Bacon and myself: we counted 
the ballots and the two clerks tallied them. 

Q. Who did the reading of the ballots from that time?— A. Part of the 
time I read ballots and part of the time Mr. Bacon did. 

Q. When one of you were reading ballots, what did the other do? — ^A. He 
would look them over. 

Q. What time did you complete the count? — ^A. Well, it was 5 o'clock or a 
little after; we had three ballots to count when Mr. Palmer got back. 

Q. Did you complete the count when he got there?— A. We did. 

Q. What was done when you got the count completed? — ^A. Well, we figured 
it up and made an announcement of the vote. 

Q. The result of the election? — A. The result of the election; yes, sir. 

Q. Do you remember about what time it was? — A. I couldn't say exactly, but 
I think somewhere about half past 5; maybe a quarter to 6 o'clock in the 
morning. 



CAKNEY VS. SMITH.. 219 

Q. Who was present when that announcement was made of the result of 
the election? — A. The hoard and Henry Bera came in and there was another 
man in there, his name was Campbell ; further than that I couldn't say. 

Q. Was this election precinct open while you were counting so that anyone 
who desired might come in and see you count? — A. They could come in but 
they could not get In where we were. 

Q. They could come in where they could see you counting? — A. Yes, sir. 

Q. But not behind the railing?— A. We didn't allow them in there. 

Q. Did you see different people In the room, while you were counting, after 
you returned? — A. There were two or three came in; it was a very rainy 
night 

Q. When you returned what was done; were they finished up that night 
before you adjourned? — ^A. No, sir. 

Q. Where did you go to sign up the returns?— A. To Mr. Bacan's office. 

Q. Were the boxes sealed after you got through with the election?— A. Not 
that morning. 

Q. Were they locked? — ^A. They were. 

Q. What was put in the boxes?— A. Well, the ballots that had been used and 
the ballots that had not been voted were all put In the boxes. 

Q. How were they prepared to put In those boxes? — ^A. Well, the ballots that 
had been used were put in the bottom of the box and the other ballots were 
put in on top. 

Q. Were they rolled up? — ^A. r couldn't say as to that now, whether after 
we tinlHhed whether they were rolled or not. 

Q. How were they as to being rolled up when you quit there about 1 o'clock 
at night? — ^A. The ballots that had not been counted I took them and rolled 
theiu up In a roll and tied them up and put them In the box. 

Q. When you reconvened after you had been advised by the prosecuting 
attorney, how did you find the ballots as compared with the way they were 
when you left? — ^A. We found them Just the same. 

Q. Had they been disturbed? — A. No, sir; they had not. 

Q. Witness, what have you to say as to those ballots having been correctly 
read when you were reading them off for the purpose of counting them? — 
A. I think they were correctly read. 

Q. What have you to say as to whether all the ballots that was in that box 
that were cast for the contestant, Claude S. Carney, were read for him? — 
A. They were ; he could not have got any more. 

Q. What have you to say as to whether any more were read for John M. C. 
Smith than had been cast for him at that election ?^ — ^A. I think I would be safe 
In sasring there were no more. 

Q. You think that each one received credit for all the votes that were cast 
for him? — A. I do. 

Cross-examination by Mr. Adams : 

Q. You have been acting as justice of the peace over there how long? — 
A. Well, seven years about. 

Q. You are on your second term then? — A. Yes, sir. 

Q. Your term is a four-years' term ^A. Yes, sir. 

Q. How many years have you been acting as justice of the peace on your 
second term? — ^A. It will be two years the 4th day of next July. 

Q. Your term expires one year from July, 1913? — ^A. Yes, sir. 

Q. Did yon qualify as a lustlcc of the peace this last term you have been 
endeavoring to fill that position? — ^A. I did. 

Q. Where did you qualify? — ^A. In the village at Sunfield. 

Q. Before whom? — ^A. Before the township clerk. 

Q. W^hat was his name? — ^A. Mr. Bastien, I think, was clerk at that time. 

Q. What is his first name?-^A. Ransom. 

Q. After you qualified at that time, did you resign your office as justice of 
the peace? — A. I did not. 

Q. You said you were present when the board organized? — A. I was. 

Q. Who else was present there at the time the board organized on the 5th 
day of November at the township of Sunfield? — A. The rest of the board were 

there. 

Q. Who else, give their names, I want the names of those who were there 
at the time that the election board organized on the morning of the 5th day 
of November. 1912?— A. John Palmer. Harry H. Mapes, H, Shaver, D. W. Knapp, 
Albert Sayer, Frank H. Bacon and myself, and I think Alvin High was there; 
I think he was one of the gatekeepers. 



220 CARNEY VS. SMITH. 

Q. You were a Republican at that time? — ^A. I always have been. 

Q. You were on that day, election day, a Republican? — A. Yes, sir. 

Q. You say that Mr. Bacon administered the oaths to the other members of 
the election board on that day and the gatekeepers? — ^A. Yes, sir. 

Q. In your presence? — A. Yes, sir. 

Q. You were there when it was done? — A. Yes, sir. 

Q. All the time when that was being done? — ^A. Yes, sir. 

Q. You say that you administered the oath to Mr. Bacon that day? — ^A. I 
think I did. 

Q. Are you sure? Do you want to swear now that you did? — A. I am quite 
positive that I did. 

Q. You take your oath here now, do you, that you administered the oath to 
Mr. Bacon for him to act as inspector of that election on that day, do you? — ^A. 
No ; I wouldn't take my oath to that, but I think I did. 

Q. You signed the certificate to that effect, did you, that you did administer 
that oath?— A. I think I did. 

Q. You are pretty sure about that? — ^A. I would not be sure about It. 

Q. Will you swear that you did? — A. No, sir; and I wouldn't swear that I 
did not. 

Q. You are pretty positive you did? — A. Yes, sir. 

Q. You are as positive of that as you are that you administered the oath to 
Mr. Bacon on that day? — ^A. I will not say that I did either one now, but I 
think I did. 

Q. Your best recollection Is that you did? — ^A. Yes, sir. 

Q. That is your best recollection, that you administered the oath to him and 
that you signed the certificate showing that you administered the oath to him, 
Frank H. Bacon, to act as an inspector of that election In that township on 
that day, eh?— A. Well. I think I did. 

Q. I show you £bchibit 13 and call your attention to pages 2 and 3 of that 
exhibit. Will you testify now whether there is any certificate on those two 
pages anywhere in that exhibit which shows that you administered any oath to 
Frank H. Bacon on that day to act as an Inspector of that election? — ^A. It is 
not there; no, sir. 

Q. None of those oaths on this exhibit I have just called your attention to 
were, as a matter of fact, signed by any of the officers at that election, Includ- 
ing the clerks, on the 5th day of November, 1912, were they? — ^A. I think not. 

Q. Those oaths on that Exhibit 13, to which your attention is directed, were 
signed by J. H. Palmer, Dennis A. Hagar, Harry H. Mai)es, and D. W. Knapp 
on the 6th day of November, 1912, for the first time, is that correct?— A. I 
think so. 

Q. As appears by this Exhibit 13, the only men that signed any oath on that 
day, the 6th of November, 1912, were J. H. Palmer, Dennis A. Hagar, H. H. 
Mapes, G. W. Knapp, and Charles Gilbert as gatekeeper, and Z. D. Slater as 
gatekeeper and Albert Sayer as instructor, is that correct? — ^A. I think so. 

Q. And as api)ears by this Exhibit 13, the names I have Just read in my last 
question, or called your attention to in my last question, are the only men as 
appears by this Exhibit 13 who took any oath to fill any of the positions in the 
conduct of that election on that day of the 5th of November, 1912? — A. I think 
so. I know Mr. Bacon was put under oath, but he didn't sign it, that is all. 

Q. You said you adjourned for one hour at noon? — ^A. Yes, sir. 

Q. On the 5th?— A. Yes, sir. 

Q. All of you left the place where you were holding that election and went out 
to lunch? — ^A. No, sir. 

Q. EiXcept one man? — A. Yes, sir. 

Q. And that one man was who? — ^A. Z. D. Slater. 

Q. Z. D. Slater was a gatekeeper at that election? — A. Yes, sir. 

Q. He was -not an inspector? — A." No, sir. 

Q. He was not a member of the board of election? — A. No, sir. 

Q. And the Slater you referred to In this last answer, or in the last answer 
in which you used the name of Slater, was the Z. D. Slater who signed the 
certificate or oath on page 4 of Exhibit 13, was he not? — ^A. Yes, sir. 

Q. That is the same man? — A. Yes, sir. 

Q. And that Z. D. Slater whose name appears to that certificate on page 4 
of Exhibit 13 as having taken the oath of gatekeeper was the man you left 
in that voting place with that ballot box and everything else when you went 
to lunch at noon on the day of the 5th of November? — ^A. Yes, sir. 



CARNEY VS. SMITH. 221 

Q. Did Slater go to lunch tliat'day at noon?— A. I don't know whether he 
went before or after — in the noon hour, someone came back — one of the clerks 
of the board. I don't remember who took his place 

Q. You were not there then, were you?— A. No, sir. 

Q. How do you Imow he came back? — A. He was back when I came back. 

Q. The most you can say is that you found one of the clerks there when you 
got back?— A. Yes, sir; William Knapp said 

Q. I don't care what he said, I want your knowledge, not what he said. 
When you got back from your noon lunch on that day, you didn't find Slater 
there?— A. No, sir; I think it was Mr. Knapp that was there. 

Q. What Knapp?— A. William Knapp. 

Q. Was that D. W. Knapp?— A. Yes, sir; I think he was the man tliat was 
there. 

Q. Then Slater was gone when you got back from lunch. He was not there 
at the voting place? — ^A. No, sir. 

Q. When did Slater get back? — ^A. He got back before we opened the polls, 
or by the time we opened the polls at 1 o'clock. 

Q. Where did you go to lunch that day?— A. I went up to my father's; he 
lives in the village. 

Q. Did you live In the village then?— A. No, sir; I don't live there now; I 
never did. 

Q. How far did you live from Sunfleld on that election day? — A. Four miles. 

Q. What did the board do when it adjourned for that noon at lunch, if it 
adjourned?- A. What did the board do? 

Q. Yes, sir. — A. They went and got their dinners, I guess. 

Q. What was said about adjournment, if anything? — ^A. We adjourned for 
one hour. 

Q. Who made the adjournment? — A. I don't remember whether Mr. Palmer 
or myself; I don't just remember. 

Q. What was said about adjournment? Tell me what was said. — ^A. We 
called at 11 o'clock — ^we called an adjournment for one hour — called it from that 
time until 12 o'clock, and at 12 o'clock we called an adjournment. 

Q. You called it, you say, from 11 o'clock — how many times did you call 
It from 11 o'clock until you finally adjourned? — A. Eleven, half past 11, 15 
minutes to 12, and at 12. 

Q. What did you say at 12 o'clock — what was said about an adjournment? 
Give me the words as near as you can. — A. " Hear ye, hear ye, the polls of this 
election are closed for one hour." 

Q. Who did that? — ^A. I couldn't say whether myself or Mr. Palmer. 

Q. Were you there when the announcement was made? — ^A. Yes, sir; I was. 

Q. You got back about 1 o'clock? — A. I got back to the voting precinct before 
1 o'clock. 

Q. What was done in the way of opening the polls? — ^A. We called the opening 
of the polls. 

Q. Who called it?- A. I think Mr. Palmer. 

Q. What did he call?— A. He called, "The polls of this election are now 
open." 

Q. You were there when he called it? — ^A. Yes, sir. 

Q. Who else were there of the men who had been acting in the conduct of that 
election before you took your adjournment at noon? — ^A. I think they were all 
there. 

Q. Tell who they were. — ^A. I think they were all there. 

Q. Was Mr. Sayer there? — ^A. I think so. 

Q. Well, now, had you all been there all the morning — I mean all you fallows 
who were having something to do with the conduct of the election? Did you 
stay there from the time you opened the polls, all of you, until you took the next 
adjournment? — ^A. We all did but Mr. Palmer; you couldn't keep him there. 

(Whereupon the hearing was adjourned until 1 o'clock p. m.) 

DENNIS A. HAGBR, recalled for further cros&-examination by Mr. Adams, 
testified as follows : 

Q. When you went away to your noon luncheon on election day from that 
voting place what was done with the election books? — ^A. I think they were left 
on the table. . 

Q. When you got back from your lunch — the noon lunch that day — to the 
voting place the books were still on the table?— A. They were. 



222 CABNBY VS. SMITH. 

Q. Who had the key to the ballot box?— A. I think Mr. Knapp. 

Q. You say you think. Do you know whether he had or not?— A. I wouldn't 
swear positively, but I think he had it. 

Q. Do you know whether the ballot box was locked when you left for your 
noon lunch that day? — ^A. It had not been unlocked from the time we locked it 
in the morning. 

Q. Do you know that it was locked of your own knowledge? — ^A. I didn't see 
It locked 

Q. You didn't?— A. No, sir. 

Q. Now to go back — the polls opened up, you testified, at 1 o'clock. Were 
all those who were officers of any character in that election that day there yrheai 
you opened up after the noon lunch? — ^A. Yes, sir; at 1 o'clock. 

Q. Then you kept the polls open until 5 o'clock that day? — A. Yes, sir. 

Q. Now, did any one of the officers of that election — ^any of the Inspectors — I 
will change the question. Did any of the inspectors, after you opened the polls 
at 1 o'clock that afternoon leave the polling place up to the time that the polls 
closed at 5 o'clock that afternoon? — A. They did. 

Q. Who?— A. Mr. Palmer. 

Q. Did any others, or other one or ones, of the inspectors go out besides Mr. 
Palmer? — A. Not that I recollect of now. 

Q. You didn't leave the polling place? — A. I couldn't get away. I couldn't 
keep Mr. Palmer there long enough so I could get away. 

Q. Whether you could keep him there or not, the question Is, Did you leave 
after you came from the noon lunch and the polls opened at 1 o'clock up to the 
time the polls closed at 5 o'clock that day? — ^A. I might have went out to draw 
water or something like that ; I don't remember as to that. 

Q. You don't remember whether you did or not? — ^A. No, sir; I couldn't say 
whether I did or not. 

Q. How many times did Mr. Palmer go out that afternoon before 5 o'clock? — 
A. I couldn't tell you that; I couldn't say. He would go out and be gone 
awhile, and come back and stay a few minutes and be gone again. 

Q. In other words, as I take it from what you say, he was out rather more 
than in after 1 o'clock up until 5 o'clock? — ^A. I should say so; yes, sir. 

Q. Didn't some of the other inspectors go out any that afternoon besides 
yourself and Mr. Palmer? — A. They might have; I couldn't say. 

Q. I understood you to say that there were no excess of votes in the ballot 
box, no more votes than your box showed had been cast? — ^A. I think they tal- 
lied up exactly ; I think so. 

Q. At 5 o'clock — when 5 o'clock came — what did you do to close that election, 
if anything? — ^A. We called the election closed ; gave the call. 

Q. Was 5 o'clock the first call you gave? — ^A. No, sir. 

Q. When did you first call? — A. Four o'clock. 

Q. When next? — ^A. A quarter past 4. 

Q. When next?— A. Half past 4. 

Q. Then 5 o'clock?— A. Yes, sir. 

Q. Was the voting then stopped? — ^A. There was no one there to vote. 

Q. The question is whether when 5 o'clock came you made the last call and 
the vote was then stopped? — ^A. There was no one there to vote. 

Q. There were no people in there to vote then? — ^A. No, sir. 

Q. How long before 5 o'clock do you say the last vote was deposited in the 
ballot box that was cast there that day? — ^A. I couldn't say. 

Q. Can you remember now by thinking of it? — ^A. I can't 

Q. Do you remember who was the last man to vote? — ^A. I couldn't say. 

Q. When you closed the polls, what did you do? — ^A. Why we op^Md the 
box 

Q. Right away? — ^A.' Pretty soon; yes, sir. 

Q. How many ballot boxes did you have there that day?— A. We had to have 
two. 

Q. How many did you have? — A. We had three ballot boxes, two for the gen- 
eral election and one for the suffrage vote. 

Q. You voted for suffrage up there, did you? — ^A. Yes, sir. 

Q. Which ballot box did you open first when you began counting the bal- 
lots? — ^A. We opened the last one we used ; it got so full we could not get any 
more ballots in, and we took the other one. 

Q. You used two ballot boxes in which the tickets for Ck>ngreasmen were de- 
posited during the carrying on of the election there? — ^A. Yes, sir. 

Q. One of them got full and you used another? — ^A. Yes, sir. 



CABlirEY vs. SMITH* 223 

Q. About when in the day did you begin using the second one in which yon 
deposited the vote for Congressmen? — ^A. Well, now, I couldn't say exactly. 

Q. Have you any idea ? — ^A. I think it was a little before noon, or might have 
been afternoon ; I couldn't say. 

Q. Was the second box you used for d^)ositing the votes for Congressmen as 
fall as the first one you used in which the votes for Congressmen were depos- 
ited?— A. Well, I don't think there was a great lot of difference; they were 
pretty well filled up, both of them. 

Q. I show you what is marked " Exhibit 3," statement book of the general elec- 
tion held on Tuesday the 5th day of November, 1912, at the village hall, town- 
ship of Sunfield, county of ESaton, Mich., and call your attention to page 16, 
to the heading there ** certificate," You notice the names J. H. Palmer, Frank 
H. Bacon, and Dennis A. Hager, signed there, inspectors of election; is that 
your signature there — Dennis A. Hager? — ^A. Yes, sir. 

Q. You signed it there, did you? — A. Yes, sir. 

Q. I notice that certificate is dated, ** this 5th day of November, 1912? "— A. 
Yea, sir. 

Q. It was not made out on that day, was it? — A. Yes, sir; it was made out 
on the 5th. 

Q. When was it made out on the 5th? — A. Whenever we would have a little 
time we would fill this in there. 

Q. Did you see that certificate made out on the 5th day of November, 1912, 
to which your attention is now directed? — A. I couldn't swear I did; I saw the 
boys working on the books, the clerks. 

Q. You don't know whether the clerks filled that certificate out to which your 
attention is now directed, on the 5th day of November, do you? — ^A. I wouldn't 
srrear it was. 

Q. It was not signed on the 5th day of November? — ^A. I don't think so. 

Q. You know it was not? — A. No. 

Q. It was signed on the 6th? — ^A. Yes, sir. 

Q. About 9 o'clock on the morning of the 6th of November, 1912? — ^A. I 
couldn't say Just exactly what time it was; it was on the 6th. 

Q. At Mr. Bacon's ofllce it was signed, was it not; you signed it there? — ^A. I 
think so. 

Q. Do you know where Mr. Palmer and Mr. Bacon signed it, did you see 
them sign it? — ^A. I don't remember that I did. 

Q. Is that your best recollection that you didn't see Mr. Palmer and Mr. 
Bacon sign that certificate, that your attention has been directed to? — A. 
Well, now, I couldn't say as to that ; I saw Mr. Bacon sign some of these state- 
ment books there in his office the next day after the election; I couldn't say 
which ones they were. 

Q. I call your attention again to Exhibit 13, which is the same exhibit I 
cnlled your attention to this forenoon and is the poll, book of the election 
held in Sunfield Township November 5, 1912, and especially direct your atten- 
tion to page 16 of this exhibit. I notice to the certificate of inspectors on the 
la.^ page of that exhibit your name or the name of Dennis A. Hager signed ; is 
that your name? — A. Yes, sir. 

Q. As one of the inspectors? — ^A. Yes» sir. 

Q. That certificate appears to have been made out according to this exhibit 
on the 5th day of November, does it not, dated November 5? — ^A. Yes, sir. 

Q. It was not signed on November 5, was it? — ^A. I think probably not. 

Q. You are sure it was not signed on the 5th? — ^A. I think I signed these 
books on the 6th. 

Q. You signed that exhibit as an inspector of that election on the 6th day 
of November, 1912, didn't you?— A. I think so. 

Q. Is it not a fact, of your own knowledge, that Mr. Palmer and Mr. Bacon 
also signed that same certificate on this exhibit not the 5th day of November, 
1912, but on the 6th of November, 1912, in the morning? — ^A. I couldn't say. 

Q. Did you see them, or either of them, sign that particular certificate? — A. I 
couldn't say. 

Q. You signed all the books there that day, you and the inspectors, did you, 
that were there for you to sign, and that had a place for you inspectors to sign, 
I suppose? — A. I suppose we did. 

Q. You saw those books there, I suppose, on that 5th and 6th days of Novem- 
ber, 1912, did you? — A. I saw them, yes, sir; they were there. 

Q. Now I show you Exhibit 24, which is a statement book of the general elec- 
tion held in this township of Sunfield November 5, 1912, and call your attention 



224 OABNEY VS. SMITH. 

to the certificate on page 16 of this particular exhibit; it is not filled out at all, 
is It?— A. It is not. 

Q. So the board of inspectors didn't fill that certificate out and didn't sign it; 
did you? — ^A. It doesn't look like it. 

Q. That is a fact; that is what that exhibit shows, isn't it? Will you please 
examine this exhibit which is now before you, Bxhibit 24, statement book of 
the general election held November 5, 1912. of the township of Sunfleld, and 
state whether you can find any certificate of the inspectors of that election made 
out and filled out or any sort of a certificate on that exhibit made by the board 
of inspectors of that election held there on that day? — ^A. I don't find any; no, 
sir. 

Q. There is a blank form of certificate on page 16 of this Elxhibit 24, isn't 
there, where the inspectors of election were expected to fill that out, isn't there, 
on page 16? — A. Yes, sir. 

Q. It is blank, isn't it; absolutely blank? — ^A. Yes, sir. 

Q. The first ballot you counted when you closed the polls at 5 o'clock that 
day were the ballots for the candidates for the office of Representative in Con- 
gress, governor of the State of Michigan, presidential electors, and county offi- 
cers? — A. The first votes we counted? 

Q. Yes sir. — ^A. Yes, sir. 

Q. Was Mr. Palmer there when you began counting? — ^A. I think he was. 

Q. Were you there when you bagan counting after the polls closed, when the 
counting commenced at 5 o'clock? — ^A. Yes, sir. 

Q. Was Mr. Bacon there when you began counting after the polls closed? — 
A. I think we were all three there at that time. 

Q. Were the clerks of that election also there at the time you began that 
count? — A. They were; yes. sir. 

Q. Did you go away after you began counting the ballots for supper that 
night?— A. I did. 

Q. Did the other members of the board go away for supper? — ^A. Not at the 
same time. 

Q. Was Mr. Palmer there when you left for supper? — ^A. Yes, sir. 

Q. Was Mr. Palmer there when you got back from your supper? — ^A. Yes, sir. 

Q. Was Mr. Bacon there when you left for supper? — ^A- Yes, sir. 

Q. Was he there when you got back from your supper? — A. Yes, sir. 

Q. Were both of the clerks there when you left for supper? — ^A- Yes, sir. 

Q. Were both of the clerks there when you got back from your supper?— ^A 
Yes, sir; they were. 

Q. After you got back from your supper, state whether either of the other 
of the Inspectors went to supper. — ^A. Mr. Bacon went; I don't know whether 
Mr. Bacon went before I did or after. 

Q. Mr. Bncon went to supper, ansrway? — ^A. Yes, sir. 

Q. Did Mr. Palmer go to supper?— A. I think he wait to supper before; I 
think he had an early supper. 

Q. Before you did? — ^A. Yes, sir. 

Q. When Mr. Palmer was away to supper on the 5th day of November, did 
you remain there until Mr. Palmer got back? — ^A. Yes, sir. 

Q. Was Mr. Bacon there when Mr. Palmer left for supper?— A. He was there 
when Mr. Palmer was not there; yes, sir. 

Q. All the time?— A. All the time. 

Q. Well, they kept right on counting, I suppose?— A. Mr. Palmer and Mr. 
Bacon, while I was gone to supper, counted. 

Q. You didn't count those ballots they counted while you were away?— A. 
No, sir. 

Q. You don't know anything about those ballots, whether they were counted 
correctly or not? — ^A. I couldn't say ; I presume they would be, though. 

Mr. Adahs. I move to strike out what the witness presumes; I ask for the 
facts. 

Q. How many ballots were counted at the time yon left to go to supper on 
the 5th day of November, do you remember? — A. I couldn't say for the number; 
no, sir. 

Q. Well, when you got back from your supper you found that they had 
counted quite a number of ballots while you were gone? — ^A. Not a great many. 

Q. How long were you gone? — ^A. Long enough to go to the restaurant, and 
eat my supper and get back. 

Q. How long were you at supper? — ^A. Probably 15 or 20 minutes. 

Q. They had counted some ballots? — ^A. Yes, sir. 



OABNBY VS. SMITH. 225 

Q. You never did count the ballots that were coimted while you were to 
supper that night V — ^A. No, sir. 

Q. Ton didn't look them over? — A, No, sir. 

Q. When Mr. Palmer was out you kept on counting just the same, dldii't 
you?— A. Yes, sir. 

Q. When he went to supper? — A. I don't know whether Mr. Palmer had sup- 
per before we commenced counting or not; he had an early supper. I don't 
remember whether before or after I went to supper. 

Q. If Mr. Palmer went out to supper after 5 o'clock you and Mr. Bacon kept 
right on counting the ballots while he was out to supper? — ^A. Yes. sir. 

Q. Mr. Palmer didn't count those ballots that were counteil in his ab- 
sence?— A. No, sir. 

Q. As far as you know? — A. No, sir. 

Q. When Mr. Bacon was out to supijer, you and Mr. Palmer and the clerks 
were counting ballots? — A. Yes, sir. 

Q. Mr. Bacon didn't count those ballots that you and Mr. Palmer and the 
derlfs counted wh^n Mr. Bacon was out to supper? — ^A. No, sir. 

Q. Well, I suppose Mr. Palmer went out to take a smoke once in a while 
after you had all been to supper; he didn't stay there all the time?'-A. I 
think he was there from the time we got our supper until we quit counting. 

Q. Did you remain all tiiat time, too? — ^A. Yes, sir. 

Q. Did or did not Mr. Bacon remain during all that time? — A. He did; I 
don't think he was out of the place. 

Q. Did the clerks remain, too, from the time you all got your supper? — ^A. 
I am quite positive they did. 

Q. I suppose those clerks went out and got some supper? — A. When I went 
to sapper they said they were going to have their supper brought to them. 

Q. I don't care what they said; I want to know whether you know whether 
either of those clerks, after you began counting, after the polls closed at 5 
o'clock that day, went out of that place where you were counting those votes 
at any time or times, up to the time you adjourned that night and went over 
to the barber shop. — ^A. I couldn't say positively. 

Q. Well, it ran along up to what hour did you say when you adjourned at 
nig^t?— A. Somewhere about 1 o'clock. 

Q. On the morning of the Bth of November? — ^A. Yes, sir. 

Q. You were not through counting the ballots at the time you adjourned, 
were you? — A. No, sir. 

Q. How many ballots had you counted up to that time; do you remember? — 
A. I couldn't say. 

Q. Did you have about half of them counted — of the votes cast there that day, 
I mean now? This question refers to those ballots that were cast for Representa- 
tive in Congress; I don't care about the suffrage ballota — ^A. We took out the 
straight votes, then. I think, the split tickets, we probably had, well, maybe, 
somewhere toward half of them counted ; 1 couldn't say for sure. 

Q. About half of the straights? — ^A. Of the splits, somewhere along there, I 
couldn't say exactly. 

Q. You had, when you adjourned at 1 o'clock on the morning of the 0th of 
November, about one-half of the split ballots counted? — A. We might have had 
more than half and maybe not half, I couldn't say. 

Q. Of the split ballots that were on the general ticket? — A. Yes, sir. 

Q. On which the candidates for liepresentatives in Congress were? — A. Yes, 
sir. 

Q. Of those ballots, you had about that many counted? — A, Yes, sir. 

Q. When you adjourned abgut 1 o'clock on the morning of tlie 6tli, had you 
counted the straight Imllots for Representative in Congress? — A. We counted 
them first. 

Q. When you adjourned at 1 o'clock or about 1 o'clock on the morning of the 
6th, state whether all the inspectors were there at the time of the adjourn- 
ment — ^A. They were all there except Mr. Sayer ; he might not have been there. 

Q. Mr. Sayer? — ^A. Yes, sir; he was one of the inspectors, not inspector, he 
was an instructor. 

Q. He was not there anyway? — ^A. I couldn't say whether he was or not, I 
am not sure. 

Q. Was Mr. Palmer and Mr. Bacon there at that time? — A. Y'es, sir. 

Q. And you were? — A. Yes, sir. 

Q. Were the two clerks there? — ^A. Yes. sir. 



226 CARNEY VS. SMITH. 

Q. What did yoo do there to make that adjournment? — A. Well, some one 
81)oke and said, " Let's quit until morning." I think Mr. Palmer. Mr. Bacon 
was almost sick and hardly able to sit up, and he says, " It doesn't seem as 
though I could stay here any longer," he says, " JjeVe quit." So we quit. 

Q. That Is all there was to It?— A. Yes, sir. 

Q. All the announcem^its that were made? — ^A. Yes» sir. 

Q. There were some people, I suppose, around there? — A. I don't remember 
of any. 

Q. I mean some one besides you gentlemen who were conducting the count ; 
were there some of the citizens around there? — A. I don't recall that there was. 

Q. Then you closed up? — ^A. We closed up. 

Q. What did you do? — A. We took the ballots and put them in the box; as 
fast as we counted the ballots we put them in the ballot box and straightened 
them out and laid them in straight and took the ballots that were not counted 
and rolled them up in a roll and tied them up and put them in this ballot box. 

Q. Who unlocked that ballot box when you began counting ballots at 5 
o'clock? — ^A. Mr. Knapp opened the box. 

Q. Did you see him open it? — ^A. Yes, sir. 

Q. Did he unlock it?— A. He opened the box. 

Q. Did you see him unlock it with a key?— A. I may not Just have seen him 
unjock it, but I was there when he opened it. 

Q. Was the box locked when you quit that night? — A. There was a lock on It. 

Q. Was it locked? — \. It must have been locked. 

Q. Was It locked?— A. I think it was. 

Q. Did you see anybody lock it? — A. I did not. 

Q. Then, you don't know of your own knowledge whether it was locked or 
not? — ^A. I didn't see tt locked; the lock was on there, and I saw the lock bang- 
ing on the box. 

Q. It was not sealed? — A. No, sir: It was not. 

Q. Do you know who had the key to the ballot box? — A. I think Mr. Knapp 
had the key. 

Q. Do you know? — ^A. I don't know. 

Q. What did you do with the books you had there? — ^A. We put them In the 
box with the ballots. 

Q. Was there room in the box for the books? — A. Yes, sir; we laid them in 
on top of the ballots. 

Q. Didn't some of the clerks or inspectors take away any of those books that 
night? — ^A. I don't know as they did. 

Q. Do you know they didn't? — A. I couldn't say; I don't think they did, 
though. 

Q. Yon left the ballot boxes there? — A. Yes, sir. 

Q. And you all went out and left? — ^A. Yes, sir. 

Q. And turned out the lights? — ^A. Yes, sir. 

Q. This place that this election wah held in was in the township hall? — 
A. Yes, sir: the village hall. 

Q. That is where the fire department has its place? — A. Yes, sir. 

Q. The fire apparatus or whatever you have there was kept there? — ^A. 
Yes» sir. 

Q. This election was conducted in a room where the Are apparatus was, was 
It not? — A. It was in the room, but there was a railing across that diTlded It. 

Q. Where you had it railed off for your voting place there-^where you held 
your election that day — it was simply railed off? — ^A. Yes, sir. 

Q. A railing, 3, or 4, or 5 feet hl^? — ^A. Yes, sir. 

Q. There was nothing to prevent anybody from going from the other part of 
that room into where these ballot boxes were? — ^A. No, sir. 

Q. They could climb the railing? — ^A. Yes, sir. 

Q. Or they eould go under it? — ^A. No, sir. 

Q. Was it boarded up?— A. Yes, sir. 

Q. There were some gates? — A. Yes, sir ; at each end. 

Q. They could walk in the gates? — ^A. Yes, sir. 

Q. Nobody was left there in charge of those ballot boxes, or whatever your 
election board left there when you left — nt the time you left that night or the 
morning of the 6th? — ^A. There was not; no, sir.: 

Q. You didn't go back there on the morning of the 6th, did you, or did you 
go back to that same place again the morning of the 6th ; you did, I believe?— 
A. I went back, yes, sir, when we w«it back to count. 



CABNEY VS. SMITH. 227 

Q. When jou left there, about 1 o^clock, you all left and went out of the 
building and left the boxes and books and everything there; where did you 
go^A. The first place we went to Mr. Ma pes; and I went up to the clerk's 
olfice— the town clerk's office — and we went from there over to the barber shop 
where they were getting the election returns. 

Q. How did you bapi)eu to go to the township clerk's office? — ^A. He had the 
primary registration list ; that is, the registration book that he took over ; and 
lie said he would have them to his office that night. 

Q. Did he go with you over to the barber shop? — ^A. Yes, sir. 

Q. You went to the barber shop and was In there how long? — ^A. Probably we 
were in there I don't think over 15 minutes or such a matter. 

Q. They were getting the election returns there that night? — A. Yes, sir. 

Q. I suppose that is what you went there for? — ^A. Yes, sir. 

Q. You got some returns while you were there ; heard some returns? — ^A. We 
heard some returns, not much. 

Q. How did you come to leave there so soon? — ^A. Well, a man that was there 
be telephoned, he said, and got word from Charlotte that we should go back and 
count the votes. They had telephoned to Charlotte, I think maybe to Mr. 
McPeek, the prosecuting attorney, and he sent word that we should go back and 
go to counting. So we talked it over and I says — ^Mr. Hunter was there then, 
and I says : " I am going over and call the prosecuting attorney and see whether 
we have to go back and count those votes." We went to the telephone office 
and Mr .Hunter says, " I will call him for you." 

Q. You went to the telephone office and telephoned to Charlotte? — A. I didn't 
telephone. 

Q. Somebody did?— rA. Yes, sir; Mr. Hunter did for me. 

Q. How long were you in telephoning; half an hour? — ^A. No, sir. 

Q. Twenty minutes? — ^A. I couldn't say; I didn't keep track of the time; only 
a short time. 

Q. Your best Judgment, would you say 15 minutes you were there? — ^A. Might 
have been 10, maybe not that long. 

Q. When you left the telephone office where did you go? — ^A. After I left the 
telephone office I went and notified Mr. Bacon. 

Q. Where did you go, to his house? — ^A. Yes, sir ; I only had to go about half 
a block out of the way to get to Ills house. 

Q. Was he in bed? — ^A. No, sir; he was up. 

Q. Did he go up with you? — A. Yes, sir; I just got back there and he put his 
coat on and came right up. 

Q. Where did you go after you went to Mr. Bacon's office? — ^A. I went to the 
village hall. 

Q. Did you get any word to Mr. Palmer? — A. Yes, sir. 

Q. Where from ? — ^A. From the telephone office. 

Q. How did you get the other clerk back there? — ^A. He had a telephone and 
I called him from the telephone office. 

Q. How soon did he get there?— A. He was there Just going into the town hall 
door as I got back from notifying Mr. Bacon ; I don't think he had got into the 
hall yet. 

Q. You went into the hall yourself? — ^A. Yes, sir. 

Q. Who went there with you from the barber shop? — ^A. Mr. Mapes, the town- 
ship clerk. 

Q. Mr. Pahner didn't show up until pretty well toward 5 o'clock In the morn- 
ing?— A. About 5 o'clock ; yes, sir. 

Q. So after you adjourned about 1 o'clock Mr. Palmer was not there until 
somewhere about 5 o'clock in the morning? — ^A. Five o'clock maybe, about 5 
o'clock ; somewhere along there. 

Q. What tinne did you begin your count after you had been over to the barber 
shop?— A. I couldn't say exactly; I think probably before 2. 

Q. How mucli before 2 o'clock?— A. I couldn't tell you. 

Q. Give your best reeollection ; did you have a watch to look at to see what 
time you commenced? — ^A. I had no watch and there was no clock in the hall 
that I saw. 

Q. Give me your best recollection about what time you commenced counting 
after you got back from the barber shop?— A. Perhaps between 1 and 2 o'clock 
as near as I can tell. 

Q. Did you and Mr. Bacon stay there until Mr. Palmer got there in the morn 
tag, all the time?— A. Yes, sir. 



228 CARNEY VS. SMITH. 

Q. Were the two clerks there at all, and was Mr. Mapes and Mr. Knapi. 
there at all until Mr. Palmer got there at 5 o'clock In the morning?— A. Mr 
Knapp was there. 

Q. Was Mr. Mapes there ?--A. No, sir. 

Q. Who went at 1 o'clock?— A. The township clerk and Mr. Bera stepped hi 
and took his place. 

Q. Who was that?— A. Mr. Bera. 

Q. When did he first begin to help there?- A. It was just before we got 
through; probably we had 10 or 12 ballots to count. 

Q. Was that the first he had done in the way of helping with the count 
there?— A. I think so; I will not be positive. 

Q. He had been around this railing some that day, had he?— A. I think not; 
only when he went through to vote. 

Q. Aside from that time dow^n he had been helping some there? — ^A. I don't 
think It ; I don't recollect that he had ; I don't remember. 

Q. Was he the postmaster? — A, Yes, sir. 

Q. He had been postmaster there in Sunfleld for quite a number of years? — 
A. A number of years ; yes, sir. 

Q. Some 10 or 12 years, anyway? — A. I couldn't say how long. 

Q. Well, anyway, Mr. Mapes was not there from the time you went back from 
the barber shop and began counting, up to the time that Mr. Palmer got there in 
the morning, was he? — ^A. Yes, sir. 

Q. When did Mr. Mapes leave, then? — A. He left probably half or three- 
quarters of an hour before we got through in the morning; went back and 
stayed probably half an hour and maybe three-quarters of an hour before we 
got through. 

Q. Then he left? — A. And Mr. Bera took his place. 

Q. Was Mr. Bera there at the time Mr. Mapes left? — A. I think so; yes, sir. 

Q. How long had Mr. Bera been there? — A. He just came in. 

Q. How long before Mr. Mai)es left did Mr. Bera come In? — ^A. Just a short 
time. 

Q. An hour? — A. Oh, no. 

Q. Half an hour? — A. Probably 5 or 10 minutes, something like that. 

Q. Do you know how Mr. Bera happened to come there; did you send for 
him? — A. No, sir; a man got killed there on the railroad that night and he was 
down there. I am not positive, I don't know where he came from, but I think 
he came from the court and dropped In. 

Q. When Mr. Palmer got there in the morning, you had only about three to 
six ballots to count yet? — ^A. Two or three. 

Q. So that in Mr. Palmer's absence from the time he left that voting place 
about 1 o'clock on the morning of November 6, up to about 5 o'clock of the 
morning of November 6, 1912, you had counted quite a large number of the bal- 
lots for the different candidates for Representative In Congress? — ^A. Yes, sir; 
we counted some. 

Q. Mr. Palmer did not at any time, up to the time you made your returns of 
that election, go over those ballots that you counted in his absence, did" he?— 
A. He did not ; no, sir. 

Q. Nor Mr. Mapes didn't come back there again when he left there when Mr. 
Bera came? — A. No, sir. 

Q. Up to the time you finished the count ? — A. No, sir. 
Q. D. W. Knapp was one of the clerks of that ele<'tlon? — ^A. Yes, sir. 
Q. And II. H. Mapes was another clerk? — A. Yes, sir. 

Q. Did you get all the ballots In the ballot box when you — In one ballot 
box — when you left that voting place and went over to the barber shop in the 
morning of the 6th? — A. Yes, sir. 

Q. You put all the ballots in one box?— A. We laid them In the ballot box. 
Q. And put the books In that same ballot box? — ^A. I think so; yes, sir. 
Q. So one ballot box contained all the ballots that the two ballot boxes had 
contained during the time that the voting was going on, and also contained 
all the election books? — A. I think so; yes, sir. 

Q. The other ballot box was not used at all then for holding any of the bal- 
lots or books of that election when you quit there and went over to the barber 
shop on the morning of the 6th? — ^A. I think not. 

Q. When you got through counting over there on the morning of the 6th 
about 5 o'clock, what w^as done with the ballots and books? — ^A. The ballots 
were all put back in the box. 



CARNEY VS. SMITH. 229 

Q. And the books what wns cloue with those, did the clerk take them? — A. I 
conldn't say whether the clerk took them then or not. 

Q. Don't yon know that the clerk did take some of those books at that 
time?— A. I think he might have; yes, sir, but I am not sure. 

Q. Did you see the ballot box locked? — A. The ballot box was shut up; 
yes» sir. 

Q. The moniing of the 6th when you left the voting place?— A. Yes, sir. 

Q. It was shut? — A. Yes. sir. 

Q. Was it locked? — ^A. The lock was on the box. 

Q. Was it locked?— A. I didn't see them lock it. 

Q. You don't know whether it was locked or not? — A. I don't whether It was 
locked, I couldn't swear to that. 

Q. Mr. Bacon's office was some little distance from where you had been 
carrying on this election on the 5th and 6th days of November, was it not? — ^A. 
A short distance. 

Q. About how far? — A. It is probably one block north and something like 
half a block west. 

Q. An altogether different and separate plat^ from where the election was 
held?— A. Yes, sir. 

Q. In another building entirely? — A. Yes, sir. 

Q. How did you happen to go to Mr. Bacon's office? — A. Well. Mr. Bacon 
says, "You had better come over to my office and fill out these books, I have 
Kot a good place there and you had better come over there than stay here," 
and we went over to his office and filled out the books and made out the reiwrt. 

Q. When you got over to Bacon's office, what time was it on the morning of 
the 6th, as near as you can remember? — A. Well, I went and got my breakfast, 
I think— I can't just tell. 

Q. Approximately? — A. I think somewhere about 7 o'clock, maybe a little 
after, something like that; I went back home and got my breakfast and went 
back down. 

Q. Was it not later now? — ^A. It might have been. 

Q. Was it not nearer 9 o'clock? — A. I couldn't say as to that 

Q. Was Mr. Palmer there when you got to Mr. Bacon's office thnt morn- 
ing?— A. I think not. 

Q. How long was It after you got there that Mr. Palmer came? — A. I don't 
know. 

Q. Did Mr. Palmer come while you were there? — A. He was In and out; 
yes, sir. 

Q. Was Mr. Bacon at his office when you got there on the morning of the 
6th?— A. I think he was: yes, sir. 

Q. Was Knapp there at Bacon's office when you got there? — A. Yes, sir. 

Q. Was Mapes there or did he come after you got there? — A. I couldn't say 
whether he was there when I got there or not. 

Q. The election books were there when you got there? — ^A. I think they were. 

Q. Who had them? — ^A. They were lying there on the table in Mr. Bacon's 
offlea 

Q. The ballot boxes were not there? — A. No, sir. 

Q. You didn't see the books taken out of the ballot box the morning of the 
6th a^ Bacon's office? — ^A. The ballot boxes were not there. 

Q. They were over at the engine house at the town hall? — ^A. The boxes were; 
yes, sir. 

Q. So that, as a matter of fact, when you quit over there on the morning of 
the 6th of November, J 912, it is a fact Isn't It, that all the election books you 
had used there in conducting that election on the 5th and 6th days of November 
tip to the time you adjourned or got through with the count and adjourned or 
quit on the morning of the 6th day of November, those books were not in the 
ballot box and locked up, were they? — ^A. At the time we quit? 

Q. Yes; or any of them or none of them were? — ^A. In the morning? 

Q. Yes; when you quit there. — ^A. I couldn't say. 

Q. Well, in any event, they were over to Bacon's office? — ^A. Yes, sir. 

Q. The ballot boxes were not at Bacon's office, but over where the election had 
been conducted? — ^A. Yes. sir. 

Q. So somebody had taken them ; they were not in the ballot boxes. If they 
bad put them in they took them out and brought them over to Mr. Bacon's 
office?— A. I think the clerks took them with them when they left in tlie morning. 

Q. You are pretty sure about that, are you? Don't you remember that you 



230 CARNEY VS. SMITH. 

Baw the clerks have those books when you quit there? — ^A. I might; I dou't 
recollect it just now. 

Q. These books here that I am showing you now, Exhibits 24, IS, and E<x- 
hibit 3 and Exhibit 4 were the books that you had over to Mr. Bacon's office en 
the morning of the 6th?.— A. Yes, sir; they are the same books. 

Q. They are the same books you had over there where you held the election at 
the town hall, are they not? — ^A. They look like the same books. 

Q. Was there a man named Campbell in the place where you held tlie election 
on the 5th, at any time, helping? — ^A. No, sir. 

Q. Was he around there at any time when you were tallying? — ^A. He came 
In there sometime along in the afternoon, after we went back to count; he came 
in and sat down by the stove until morning. He didn't haye any place to go, I 
guess. He sat down and stayed there by the stove until morning. 

Q. There were some people in there when you quit counting about 1 o^clock 
on the morning of the 6th? — ^A. I don't recollect that there was. 

Q. Were there or not? — A. I couldn't say. 

Q. You don't remember? — ^A. I don't remember. 

Q. You don't remember one way or the other? — ^A. No, sir; there might bave 
been one or two and might not have been any ; I couldn't say. 

Q. When you stated that the ballots were correctly read, you don't know 
whether they were correctly read, do you? You don't know whether they were 
correctly read when you were not there; you w^ould not have any knowledge 
about that, would you? — ^A. No, sir; they were both Democrats 

Q. (Interrui)ting.) I am asking you what you know. — ^A. No, sir. 

Q. You don't know whether each candidate for Congress received credit for 
all and no more votes than were cast for him when you were not there? — ^A. I 
couldn't say. 

Q. That you could not know anything about? — A. No, sir. 

Q. When you got back there from the barber shop and commenced counting 
you didn't make any public announcement of the opening of the polls, did yoo^ 
of the election when you resunioil work by the election boanl? — ^A. I think not. 

Q. When you went over to Mr. Bacon's office you didn't make any announce- 
ment that you had taken up the work of the elec*tipn board again, did you? — ^A. 
I didn't know it was necessary to do that. 

Q. Did you?— A. No, sir. 

Q. When you pot all through you didn't make an announcement of any kind 
at Mr. Bacon's office? — ^A. No, sir. 

Q. When you got through with these books who took charge of them at 
Bacon's office? — A. We sealed them there in Bacon's office and put them in an 
envelope, and I don't know whether one or the other of the clerks took them 
and took them to the itost office. 

Q. Did you see them sealed? — A. Yes, sir. 

Q. Who sealed themV — ^.V. I helped to. 

Q. How many did you seal? — A. We sealed the whole bunch. 

Q. But how many? — A. Two bunches. 

Q. You sealed all the books up you had there, did you? — A. We sealed up all 
the books that came here. 

Q. What did you do with the others, if there were any others?— rA. I tliink 
there is one book that the clerk keeps, if I mistake not; the rest were put in 
envelopes and sealed. 

Q. The clerk did take away one or two of them, did he; that is your l>e6t 
recollection? — A. I wouldn't say. 

Q. That were not sealed up? — A. I don't kujow whether he did or not. 

Q. After you got tli rough there at Bacon's office that morning you didn't see 
any book or books that you had used there in carrying on that election put in 
any of the ballot boxes that were use<l there on election day, did you? — A. After 
we got through at Bacon's office? 

Q. Yes, sir. — A. No, sir. 

Q. After you got through at Bacon's office you didn't see and don't know of 
the ballot boxes that were used there on election day being sealed, do you? — ^A. 
I should say they were sealed, but not that day. 

Q. You didn't see any of them sealed before you left Bacon's office? — A. No, 
sir. 

Q. That you had use<l in cariying on that election on the 5th and 6th days of 
November, did you? — A, No, sir. 

Q. They were not sealed in the presence of the board at Bacon's office, were 
they? — A. They were not there. 



GABKBY VB. SMITH. 281 

Q. They were uot sealed in preseuce of all the members of that board any- 
where else that you know of, personally know of, were they? — A. No, sir; not 
that I know of. 

Q. Where did you count those ballots there in the town hall on the 5th and 
6th?— A. Right where we had our ballot boxes — on the table. 

Q. I understood you, or got the impression from something you said, that 
people could not get in where you were counting? — A. They could climb over 
the railing or go through the gates; that is all the way. 

Q. Were the booths up while you were counting? — A. Yes, air. 

Q. They bad not been taken down? — ^A. No, sir. 

Q. Did the booths in any way keep the public from seeing what was going 
CD there with the count? — ^A. No, sir. 

Q. The people could not get over the railing where you were counting? — 
A. They might have climbed over. 

Q. I meam without climbing over or coming through the gates?— A. No, sir. 

Q. How close to the railing were you carrying on the count? — A. Well, the 
eiul of the table pi-obably was as far as from here to the wall. 

Q. Two feet and a half or 8 feet?— A. Yes, sir. 

Redirect examination by Mr. Matnaku : 

Q. Mr. Hager. did you see or know of any elector asking for or receiving any 
assistance or help In marking his ballot at that election on the 5th day of 
November, 1912?— A. I did not. 

Q. What politics did Mr. Bacon have? — A. He was a Democrat. * 

Q. Is he living now? — A. He is not. 

Q. Was he a man of good repute in that neighlwrhood? 

Mr. AaAMS. I object to that as immaterial and Incompetent, and not the 
proper way to show it, and hearsay. 

A As far as I icnow, he was. 

Q. What was Mr. Bayer's politics? — A. He was a strong Democrat. 

Q- Yon speak of him as being an inspector of the election? — A. He was not 
on the inside of the booth, back where we had the ballots on the table. When 
they would come in and call for ballots he simply handed them their ballots; 
that WRB his duty that day. 

Q. There were two ballot boxes, you stiy, in which the ballots were placed 
for candidates In office? — A. Yes, sir ; we had three boxes ; one for the suffrage 
vote and the constitutional amendments. 

Q. And two were used to put ballots In that were cast for candidates in 
office?— A. Yes, sir. 

Q. Were those boxes regular ballot boxes coming from the township? — A. 
They were boxes we had always used. 

Q- For that purpose? — A. Yes, sir; for years. 

Q. How wer6 they locked? — A. There was a clasp that fastened on the top 
of the lid and came down through a staple, and the lock went through. 

Q. A padlock? — A. Yes, air; and the clasp that came on the top of the box 
*'»« put on with screws and screwed fast. 

Q. A steel hasp that came down? — A. Or iron; yes, sir. 

Q. And this padlock went through and locked the box in that way? — A. Yes, 
sir. 

Q. You say that Mr. Sayer took the constitutional oath of office when he 
began?— A. Yes, sir. 

Q. Do you know anything about what kind of an oath he signed the next 
d{iy?-A. I couldn't say. 

Q. Until you hear it read?— A. I couldn't say. 

Recross-examination by Mr. Adams: 

Q- Ck)nD8el here caused you to say that Mr. Bayer was an inspector. He was 
an instructor? — ^A. What we call nn Instructor; yes, iMr. 

Q He was separate from the rest of the board when he was handing out 
those ballots? — A. He was on this side of the booth and the rest of the board 
on the other side. 

Q. You had about four or five booths there that day? — A. Four. 

Q The length of the booths as they were put up against each other occupied 
what length of space? — A. I should say something like — ^ 

Q. (Interrupting.) All of them together?— A. Something like—I don't know 
how wide they were — probably 4 feet, probably 10 feet. 

Q. Now, on one side of this row of lM)Oths was Mr. Sayer with his ballots? — A. 
Yes, sir. 



232 CAKNEY VS. SMITH. 

Q. And on tlio otlitT side of that 16 feet orcupied !»y those booths were the 
members of tlie election board? — A. Yes, sir. 

Q. 80 that when Mr. Sayer was handing out ballots, you men there who 
were on the election board couldn't see Mr. Sayer? — A. Not without fsolng 
around tliere. 

Q. You would have to go around the end of the booths to sec him? — A. 
Yes, sir. 

Q. When the ballots were mariced by somebody, some of the inspectors, they 
handed about 25 of them to Mr. Sayer? — A. Yes, sir. 

Q. And when the voters came in there he would give them ballots? — A. Yes, 
sir; he did that in his i)art when they came in and wanted a ballot; he would 
slip them off a ballot and hand it to them. 

Q. Y^ou (.'ouldn't hear what Mr. Sayer said : he could tallc with the people 
and you couldn't hear what he said? — A. We couldn't hear him talk; there 
were quite a pood many talking at the time. 

Q. He could see and talk to people as they came in, and you couldn't hear 
it?— A. No, sir. 

Q. You could talk over among yourselves and Mr. Sayer couldn't hear it 
where he was on the other side of those booths? — A. Sure. 

Q. That is the way the election was conducted that day, was It — Mr. Sayer 
on one side of those booths and you gentlemen on the other side of the 
booths? — A. Yes. sir. 

Q. You did it in that way all day up to the time the polls closed — Mr. Sayer 
on one side and you inspectors on the other side? — ^A. Yes, sir. 

Q. Those booths are about 5 or 6 feet high? — A. You could just see the top 
of a man's head: T think probably 5 or 6 feet, between 5 and 6. 

Q. You heard no voters ask for instructions that day? — ^A. I don't think they 
did. 

Q. You inspectors didn't see the voters at all. then; didn't have anything 
to do with giving them any ballots, did you? — A. No. sir. 

Q. You would first see the voters when they came out of the booths with their 
i)allots roruly to hand them in to be deposited in the ballot box? — ^A. We could 
see them in there; the doors didn't come down within a foot; but aside from 
that we could not see them until they came through. 

Q. That would be after they had marked their ballots? — A. That would be 
after they had marked their ballots. 

Q. Wl»o else acted as clerk there that day besides Mr. Mapes and Mr. Knapp, 
if anybody, at any time? — A. Well, Mr. Witherall was there a few minntes 
through the day, but not while we were counting the vote. 

Q. What did he do there? — A, He tallied for Mr. Sayer and acted a little 
while in Mr. Knapp's place, Witherall, a little while. 

Q. How long did Mr. Witherall help? — A. Just a few minutes, probably 15 or 
20 minutes. 

Q. He was not sworn in? — ^A. No, sir. 

Q. He didn't take any oath there? — A. Not that I know of. 

Q. You would know If you were there all the while he was there? — A. I 
calculated to be there all the time. 

Q. Mr. Sayer didn't take any oath? — A. I think not. 

Q. He helped count? — A. A few minutes he helped tally. 

Q. That is, he kept some of those election books, put down some tallies? — 
A. He would read them off; I was tallying them on the election book. 

Q. You didn't take any oath to do that correctly? — A. Not that I know of. 

Q. Nor did Mr. Witherall?— A. No, sir; not that I know of. 

Q. Did any other one or ones assist there in tallying and counting the votes 
at any time? — A. I think not. 

Q. Mr. Campbell you say did not in any way assist? — A. No, sir. 

Q. What did he do there? — ^^\. He sat there in a chair and slept; I guess he 
didn't have any place to go. 

Q. Mr. Campbell, is he here to-day? — ^A. I think not. 

Q. Was he there when you quit about 1 o'clock the morning of the 6th? — 
A. T couldn't say whether he was or not; I think not; I think he came back 
just after we went back ; I think he came over after we went back. 

Q. He w^as there when you left in the morning? — A. Yes, sir. 

Q. Sitting in a chair? — A. He was there until we left, then he went out 
when we went. 

Q. Are you sure about that? — A. I know he did; yes, sir. 

Q. What makes you positive about that, that he went away when you went 
away? — A. He went out with the rest of us. 



CABNEY VS. SMITH. 233 

Q. Did you see him go out with you? — ^A. Yes, sir. 

Q. Didn't you leave him there in the chair when you went out? — \. No, sir. 

Q. Are you sure about that? — A, I know we didn't 

Q. Was he a drinking man? — A. Why, he gets a little in him once in awhile; 
yes, sir. 

Q. Did you find him in there when you went back from the barber shop? — 
A. No, sir. 

Q. Was the door unlocked when you got back from the barber shop to the 
room in which the election had been held? — A. Mr. Knapp just came up to the 
door as we came across from Mr. Bacon*s and was unlocking the door when I 
came np where he was. 

Q. Were you and Mr. Knapp the first two men in there? — ^A. Mr. Mapes was 
along. 

Q. Were you and Mr. Knapp and Mr. Mapes the first ones in there after you 
bad gone to the barber shop on the morning of the 6th when you got over to the 
election? — ^A. The four of us went in almost together, Mr. Bacon, Mr. Knapp, 
Mr. Mapes, and myself. 

Q. Was Mr. Campbell in there when you got in? — ^A. No, sir. 

Q. Sure? — ^A. I am sure he was not in there. 

Q. Did you see him go in? — ^A. He came nnd hung on the railing awhile and 
sat down on a chair and I guess he went asleep. 

Q. Did you see him in the room that morning after you came back from the 
barber shop? — ^A. I didn't see him come in the door. 

Q. The first thing yon saw of him he was leaning over the railing there? — 
A He stood there watching us ; yes, sir. 

Q. Now, Mr. Wltherall took Knapp's place, did he? — ^A. I think so. 

Q. And Mr. Bern took Mapes's place? — Y. Yes. sir; but not at the same time. 

Q. There was no one man occupied in tallying there through from beginning 
to the end, was there, all the time while the count was going on? — A. Why, no ; 
they changed off for a short time. 

Redirect examination by Mr. Maynard: 

Q. Judge Adams asked you if Mr. Sayer stood there and passed ballots out 
to the voters as they came in whether he would have any opportunity to have 
spoken to the voters without you knowing it. Did you ever hear Mr. Sayer 
say a word in favor of the election of John M. C. Smith for Congress? 

Mr. Adams. I object to that as incompetent, irrelevant, immaterial, and 
hearsay. 

A. He may have handed those ballots out 

Q. (Interrupting.) I didn't ask you that. Did you ever hear him say a word 
!n favor of John M. C. Smith? — A. No, air; I never did. 

Q. Did you ever hear him 

Mr. Adams. I had no chance to object to that question before the witness 
answered it. 

Mr. Fellows. I want this objection upon the record, that this cross-examina- 
tion has been prolix, the examination has been prolix all the way through 
and It is apparent that the purpose of doing that is to becloud the testimony 
submitted to Congress and not with the view of definitely and distinctly arriv- 
ing at the questions in issue In this case. 

Mr. Adams. I take an exception to the remarks of counsel as being un- 
founded and unjust and not becoming to the attorney general of the State of 
Michigan. I object to the question as put to the witness last and by him 
answered before an opportunity was given to me to object on the ground that 
It is Irrelevant, immaterial, incompetent, and hearsay, and for those reasons 
I ask that the answer be stricken out. I also take exception to counsel Ihter- 
rupting the witness when he has partly answered the question, evidently for 
the purpose of getting him to answer It in another way. 

Q. Did yon ever hear him advocate the election of Claude S. Carney for a 
Member of Congress at that election? 

Mr. Adams. I object to that as incompetent. Irrelevant, immaterial, and 



A. I never did; no, sir. 

Q. Did you ever hear him claim that he was supporting Claude S. Carney 
for Member of Congress? 
Mr. Adams. I object to that as Incompetent, irrelevant, immaterial, and 



A. No, sir. 



234 CARNEY V6. SMITH. 

Q. In so far as jou know, you never knew of his having advocated the elec- 
tion of either one of those men to the office of Coagrees? 

Mr. Adams. Objected to as incompetent, irrelevant, and Immaterial, and 
hearsay. 

A. No, sir. 

Q. Had you ever known of Mr. 8ayer acting iMfore as one of the inspectors 
of election there? 

Mr. Adams. Objected to as incompetent, irrelevant, and Immaterial. 

(I^Bt queetion read.) 

A. Well, I think he has. 

Q. Who Initialed the ballots?— A. Frank H. Bacon. 

Q. When he initialed the ballots to whom were they delivered? — ^A. To Mr. 
Sayer. 

Q. Was Mr. Say» seated within the railing? — ^A. He was within the railing 
only on the other side of the booths from us. 

Q. He was within the railing as the voters entered the booths, was he not?— 
A. Yes, sir. 

Q. These ballots were delivered to Mr. Bayer by Mr. Bacon, who initialed? 

Mr. Adams. I object to that as leading. 

A. Yes, sir. 

Q. Did Mr. Sayer have a table there that the ballots were put on? — ^A. Yes, 
sir; he did. 

Q. Was Mr. Sayer seated by the table? — A. He had a chair there a part of 
the time and part of the time he was standing, I prsauroe, 

Q. When voters came in and asked for a ballot did he deliver a ballot to 
them? — A. I suppose so. 

Q. That Is what he wm« placed there for? — A. Yes, sir. 

Q. How long had be acted in that capacity: how many years in that pre- 
cinct? 

Mr. Adams. Objected to as incompetent, irrelevant, and immateiial. 

A. I am not sure: I think he acted there l)efore, but I am not sure; I couldn't 
say positively about that, at every election ; I think he was an inspector before, 
but I win not say. 

Q. Those were the duties he was discharging, were they? — ^A. Yes, sir. 

Q. Did he take the oath of office before he took that place? — ^A. Yes, sir. 

Q. He was sworn in? — ^A. Yes, sir. 

Recross-examiuation by Mr. Adams: 

Q. You don't know as a matter of fact whether Mr. Sayer was slttiug down 
or standing up over on the other side all the time? — ^A. I do &ot 

Q. I notice that you stated in answer to counsel's question you presumed; yon 
couldn't know because you couldn't see. — A. I couldn't sea 

Q. You Bfiy he had a table on the side of the booth he was? — ^A. There was a 
table there constantly; yes, sir. 

Q. But you don't know whether he used that table or not, do you? Yon 
couldn't see? — A. I couldn't see; he didn't want to stand and hold thofs 
ballots 

Q. (Interrupting.) I am not asking you that; we will take care of that 
later. You don't know of your own knowledge whether Mr. Sayer used that 
table — that one that was on that side of the booths that he was on — or whether 
he didn't use It, do you, of your own knowledge? — ^A. I saw ballots on that 
table. 

Q. Did you see Mr. Sayer use that table on that side of the booths he was OD 
while you were there on that election day? — ^A. I saw the ballots on the table. 

Q. Did you see Mr. Sayer using that table for any purpose that day?— A. The 
table had ballots on. 

Q. You saw some ballots on the table; that is all you can say? — A. Yes. sir. 

Q. Y'ou were busy, were you not, on the other side? — ^A. I was busy at times ; 
yes, sir; quite busy. 

Q. Mr. Palmer was out so much time tliat you bad to be busy? — ^A. I was 
busy most all day. 

Q. You were attending to your business? — ^A. Yes, sir. 

Q. You were not watching Mr. Sayer all the Ume?— A. I didn't have time 
much of the time. 

Q. Mr. Sayer was over there when Mr. Palmer was out and one of you 
fellows was depositing the ballots and the other one was marking the ballots?-^ 
A. Yes, sir. 



CARNEY VS. SMITH. 236 

Q. It kept you busy a good share of the time? — A. Yes, sir; I was busy at 
times; at other times I would not have so much to do. 

Q. When you were busy about that Mr. Sayer would be busy? — A. Yes, sir. 

Q. The more people there would be in there the more busy you would be? — 
A. Yes, sir. 

Q. So yon could not see much and did not see much that day of what Mr. 
Sayer was doing, did you? — ^A. No, sir; I did not. 

Q. I don't want to get you in a wrong position here. — ^A. All right. 

Z. D. SLATER, being first sworn to testify to the truth, the whole truth, and 
nothing but the truth, testified in behalf of the contestee as follows: 

Direct examination by Mr. Maynaiu). 

Q. Mr. Slater, where do you reside? — ^A. At Sunfield. 

Q. What is your age? — A. I am 70 years old. 

Q. How long have you resided in Sunfield? — ^A. About 8 years. 

Q. Did yoQ hold any oflicial position in connection with the general election 
that was held in the township of Sunfield on the 5th day of November last? — 
A. I was gatekeeper. 

Q. Which gate did you have charge of? — A. The outer gate, where they came 
out 

Q. Where they came out? — A. Yes, sir. 

Q. Who kept the other gate — A. I think Mr. Gilbert: I think so; I am not 
Tery positive about that. 

Q. Charlie Gilbert?— A. Charlie Gilbert. 

Q. Did you ever act in the capacity of gatekeeper at any other election? 

Mr. Adamb. Objected to as incompetent, Irrelevant, and immaterial. 

A. Yes, sir. 

Q. More than once? — ^A. Yes, sir: I have acted more than once. 

Q. Were you there when the iwlls opened on the 5th day of November last? — 
A. Yes, sir. 

Q. Were you there when they adjourned for dinner? — A. Yes, sir. 

Q. What did you see them do when they got ready to go to dinner? — A. We 
closed the polls for one hour for dinner. I being right across the road, they 
wanted to know if I wouldn't stay and take care of things while they went to 
dinner, and they would come back as soon as they could ; so I did. 

Q. Did you do that?— A. Yes, sir; I did that 

Q. Did you have charge of the polling place while they were at dinner — A. I 
did for a time. 

Q. Who took your place? — A. Mr. Knapp. 

Q. After they left, did you remain in the polling place until Mr. Knapp 
came?— A. I did. 

Q. State whether or not anyone went into that polling place during tlic 
time the board were to dinner while you were there. — A. No, sir : no one entered 
at all. 

Q. I>o you know wliether or not imyone touched the ballot box or books or 
anything in connection with the election while you were In charge, while they 
were out? — ^A. I know they did not, because there wns no one in. 

Q. Did you'meddle with them yourself or touch them or handle the books at 
an while they were out? — A. No, sir; everything was just as it was when they 
got back. 

Q. How long did you remain there that day?— A. I think probably after Mr. 
Knapp came back in half an hour ; probably I stayed there half an hour. 

Q. DUl you go to dinner then? — A. Y"es, sir. 

Q. Did Vou get back before the iwlls oi)ened?— A. Yes, sir. 

Q. W'ere you there when the polls oi)ened, at 1 oVlock — A. Yes, sir. 

Q. How long did you remain in charge of that gate? — A. I'ntll the iiolls 
dosed, and a while after that. 

Q. At 5 o'clock?— A. Yes. sir; about that time. 

Q. You were not there when they stopped counting at night? — A. No. sir; 
I didn't stay as late, as that. 

Cross-examination by >Ir. Adams : 
Q. You are a little hard of hearing?— A. A little bit : yes, sir. 
Q. You were a little bit hni-d of hearing along about the 5th of November?— 
A. I have been for some time. 
Q. You were at that time?— A. Yes, sir. 



236 CAKNEY VS. SMITH. 

Q. And had been for some time before that? — A. Yes, sir. 

Q. They didn't lock the door when they went out at noon to get their lunch, 
did they?— A. No, sir. 

Q. This room in which the election was held was quite a large room? — ^A. 
Well, reasonably large; yes, sir. 

Q. How long is that room, or was It. rather, on the 5th of November, where 
they took the votes, the whole room? — A. It was a room something as large 
as this. 

Q. Was it a storeroom? — A. No, sir; it was partitioned off. There was a 
place In the front end where they voted: it was not more than from here to 
that door. 

Q. How big was the whole room? — A. It was quite a large room. 

Q. How big, how long, and how wide? Give your best Judgment how long 
and how wide? — ^A. I couldn't tell you. 

Q. Whether 50, 80, or 100 feet?— A. No. sir: not as long as that; maybe 35 
feet. 

Q. How wide? — ^A. I think it is not as wide as long; about 25 or 35; some- 
where along there. 

Q. A couple of doors opened into that room? — ^A. Yes, sir. 

Q. A front one and a back one? — A. The back one was closed, the front ones 
were open. At the east there is a little door where they go through to vote. 

Q. Did they have any fire apparatus in this room where the election was 
held? — A. No, sir; It was on the other side: that was on the other side where 
they voted, from there. 

Q. Was the fire apparatus on election day in a separate room from where 
the election was held? — ^A. Yes, sir. 

Q. In a separate room or the same room? — A. In a separate room; it was 
railed off, that Is all. 

Q. Did you go out of the room after the men went out — the Insiiectors of 
that election went out for their lunch — up to the time Mr. Knapp came back 
at noon? — A. No, sir; I did not. 

Q. You were In there every minute? — ^A. Yes, sir. 

Q. Sitting down? — A. I was sitting down sometimes and sometimes stood 
up looking to see whether Mr. Knapp was coming; I was getting kind of 
hungry. 

Q. How was your sight? — A. I managed to read that night with my glasses; 
I couldn't see very awful good with them off. 

Q. Your eyesight was not very good on the 5th of November. 1912? — A. No, 
sir: it was not — not what I would call first class. 

Q. You were gatekeeper where the voters went out? — ^A- Yes. sir. 

Q. After they had voted? — A. Yes, sir. 

Q. What time did you leave there that day after the voting was stopped 
about 5 o'clock that day; how soon after that? — ^A. Well, now. I couldn't say 
exactly, but I presume somewhere about 9 o'clock. 

Q. Didn't you go to supper that night? — A. I don't think I did, and I don*t 
know but I did, too. 

Q. You did, didn't you? — ^A. I went to supiier: yes, sir. I stayed there a 
while, and they thought there was no good In me staying there any longer, 
and they said I might as well go home if I wanted to, and I went. 

Q. How long were you gone to supper that day? — ^A. It didn't take me very 
long. 

Q. You were kind of hungry? — A. Not as hungry as I was at noon. 

Q. Were you gone an hour? — A. No. sir. 

Q. Five minutes? — A. Oh, I was gone probably 10 minutes. 

Q. How far did you have to go to supper? — A. A little farther than from 
here up street, almost across the street. 

Q. Did you go home to your supi)er? — A. Yes, sir. 

Q. You live right across the street? — A. Y^es, sir: a little bit north. 

Q. You think you were gone home to your supi)er about 10 minutes? — A. 
Yes, sir. 

Q. From the time you left the voting place to eat your supper and aime back 
there, you were gone about 10 minutes? — A. Something like that. 

Q. You didn't bring your supi)er? — ^A. No. sir: I was not gone a great while 
anyway. 

Q Did the board go out to supper that night — the election board — any of 
them? — A. I think they did, we kind of paired off: they felt hungry I pre- 
sume, too. 



CABNEY VS. SMITH. 237 

Q. They closed the voting plnce there when they went out to supper? — ^A. 
Xo, sir. 

Q. You say they did not?— A. 1 don't think It. 

Q. You are not sure about that? — A. I know they didn't; they went right to 
work counting the vote. 

Q. They didn't quit counting nnd go out and get some supper and come back 
and begin counting again? — A. I don't mean they all went out at once; they 
went out one at a time, I think, and got something to eat, and some of them, 
I think, bad It brought to them. 

Q. Yon went away about 9 o'clock and didn't come back that night any 
more?— A. Xo, sir. 

Q. You didn't go back the next morning? — ^A. No, sir. 

Q. When did you next come back to that same room after you left there 
about 9 o'clock on the 5th ? — A. I had no business, so I didn't go there. 

D. W. KNAPP, being first sworn to tell the truth, the whole truth, and 
nothing but the truth, testified in behalf of the contestee, as follows: 

Direct examination by Mr. Maynabd : 

Q. Mr. Knapp, where do you reside? — A. Sunfield. 

Q. What is your age? — ^A. I am 56. 

Q. Your occupation? — ^A. Well, I work In a barber shop. 

Q. Were you present at the election held In the township of Sunfield on 
November 5th. 1912?— A. Yes, sir. 

Q. Did you occupy any official position at that election? — ^A. I was clerk of 
the election. 

Q. W^hen were you appointed, the morning of the election? — A. Yes, sir. 

Q. Did you take the oath of ofiice of clerk of the election in the morning? — 
A. Yes» sir. 

Q. Were you there when the polls oi)eued? — A. Yes, sir. 

Q. How long did you remain? — ^A. I remained there until time to adjourn 
for dinner. 

Q. What steps did you take to adjourn for dinner? — A. We made the regular 
announcement for hour, half hour, and quarter of an hour. 

Q. When did they do that? — A. As soon as we adjourned and weut to dinner. 

Q. What did they do with the books? — A. They were on the table. 

Q. And the ballots? — A. They were locked up. 

Q. Where? — A. They w^ere on the table: the box set on the table. 

Q. You mean the ballot box? — ^A. Yes, sir. 

Q. When did you lock the box up. In the morning? — A. When they com- 
menced voting and It was not meddled with again until opened^ 

Q. Did you lock It up when you adjourned for dinner? — ^A. It remained 
locked. 

Q. You left everything on the table. Just as It was? — ^A. Yes, sir. 

Q. Who did you leave It In charge of? — A. Mr. Slater. 

Q. The last witness, Z. D. Slater?— A. Yes, sir. 

Q. Did you go to dinner? — ^A. Yes, sir. 

Q. Where?— A. At home. 

Q. When did you return? — ^A. In about twenty minutes. 

Q. Who did you find In charge of the place? — A. Mr. Slater. 

Q. Did you take his place? — A. Yes, sir. 

Q. Did you remain In charge of the polling place then until the boaixl 
returned?— A. Yes, sir. 

Mr. Adams. I object to that as exceedingly leading and counsel seems to be 
doing that right along. 

Q. Was there anybody else In charge of that while the board was gone but 
yourself ?— A. No, sir. 

Q. After you went there did anybody approach the polling place but your> 
s^f ?— A. I was not Inside of It ; no one was Inside of It. 

Q. Do you know whether anybody was inside of it? — A. I know there was 
not. 

Q. Did anybody meddle or tamx)er with the ballot boxes or touch them after 
you got there until the board came? — A. No, sir. 

Q. When did they open the polls again? — ^A. At 1 o'clock. 

Q. How long did they continue? — ^A. Until 5 o'clock. 

Q. What, if any, proclamation was made respecting the closing of the polls? — 
A. At 4 o'clock the first proclamation was made. 



238 CABNSY VS. SMITH. 

Q. Then when?— A. 4^. then 4.45, and 5 o'clock. 

Q. Did they open the polls again of that election after they closed them at 
5 o'clock? — ^A. No, sir. 

Q. What did they do at 5 o'clock?— A. They commenced counting the 
ballots. 

Q. Who were present when they first opened the ballots to count the ballots 
at 5?— A. Mr. Hager, Mr. Bacon, Mr. Palmer, Mr. Mapea, and mysdf. 

Q. Who was Mr. Ma pes? — A. He was the township clerk. 

Q. When they commenced to count the ballots what did they first coiint? — 
A. They counted the ballots up to see if they corresponded with the poll list. 

Q. Did they correspond? — A. Yes, sir. 

Q. Did you compare your poll books to see whether they agreed? — ^A. Yee, sir. 

Q. Then what did you do? — A. Then we went on and counted the ballots and 
Mr. Mapes and I stayed there until they had them done. 

Q. What did they count first? — ^A. They counted them out in straights. 

Q. The straights of each party? — ^A, Yes, sir. 

Q. I show you Exhibits 3. 4, 13, and 24, and ask you if yon recognise those 
books, know what they are ; have you ever seen them before? — A. Yes, sir ; I do. 

Q. What are they — the books that were kept there at that election? — ^A. Yes, 
sir. 

Q. After they had the straights counted up. what did they then do? — ^A. They 
commenced to read off the split tickets. 

Q. Who did the reading?— A. They were read off by Mr. Hager and some by 
Mr. Bacon and some by Mr. Palmer. 

Q. What did you doV— A. I jiiat simply made a tally mark in the statemwit 
book; when they onlle<l off a man's name I made a mark. 

Q. A straight tally?— A. Yes, sir. 

Q. What did the other clerk do? — A. He did the same thing. 

Q. Did you keep any checking with each other to see whether yotir tnllies 
were straight as you went along? — ^A. Yes, sir; we did. 

Q. In what way V— A. Well, as a name was read, it would be. If I had 2 votes. 
I would say " 2 '* and the other clerk " 2," and the next time that came I would 
say " 3 ** and the otlier clerk would say " 3." 

Q. Did you keep the count audibly, so they could hear? — ^A. Yes, sir. 

Q. As you went along? — A. Yes. sir. 

Q. That was done all the way through? — ^A. Yes. sir. 

Q. How long did you i*emaln there assisting in this count? — ^A. I remained 
there until we closed at midnight. 

Q. Did you go back after that? — A. Yes, sir. 

Q. Who was there when you went back? — A. I was the first one at the door 
and unlocked it, and Mr. Hager and Mr. Bacon was right there. 

Q. Did they go In with you? — A. Yes, sir. 

Q. Did yon find the polling place as you had left it, or had there been any 
alterations? — A. It was just as we left it. 

Q. When you got back, what did you go to doing? — A. Mr. Baeon and Mr. 
Hager went to reading the split tickets and Mr. Mapes and I went to tallying 
them as read to us. 

Q. How long did you stay there at that time? — A. I stayed there until 5.30 
or 5 o'clock — somewhere about that — In the morning. 

Q. Did you stay there until it was concluded? — ^A. Yes, sir. 

Q. When you got the votes read and tallied, what was done? — ^A. The result 
was read off. 

Q. Who read it?— A. I did myself. 

Q. At whose command? — A. At the command of the board. 

Q. Did you read the result as to every officer that was voted for? — ^A. Yea, sir. 

Q. That had any votes counted for? — A. I read the result of the election 
right straight through. 

Q. Now, witness^ what have you to say as to the correctnem with which you 
kept the tally? — ^A. Why, I kept the tally Inst as straight as I ever kept any 
tally. 

Q. Did you keep it straight as they read it to you? — ^A. Yes, sir. 

Q. When you left about midnight, or at that late hour in the night or on the 
morning of the 6th of November last, what disposition did you make of the bal- 
lots that had been cast and counted and those that were not counted?— A. They 
were put in a ballot box and locked up. 

Q. How were those that had not been counted put in the ballot box?— A. 
They were rolled up by themselves, and those that were counted were laid out 
fiat. 



CABNBY VS. SMITH. 239 

Q. Those that had not been counted were rolled up? — ^A. Yes, str. 

Q. And tied up? — ^A, Yes, sir. 

Q. Do you know whether or not there was a correct count made of the ballots 
cast there at that election? — ^A. I considered it so. 

Q, Do you know whether or not there was a correct tally kept or not? — ^A. 
I think it was. 

Q. After the result of the election had been declared, what did the board 
do? — ^A. It adjourned for breakfast. 

Q. Do you know who prepared those exhibits that have Just been shown 
you or those election books used on that day? — ^A. I prepared part of them 
and part of them Mr. Mapes prepared. 

Q. When did you commence to prepare those books and get them in shape 
to be signed? — ^A. Just as soon as we were sworn in. 

Q. On the morning of the 5th? — ^A. Yes, sir. 

Q. Did you continue that work from time to time throughout that day? — ^A. 
Yes, sir. 

Q. When did you complete them? — A. On the morning of the 6th. 

Q. After you knew the result of the election^ did you complete these things 
there or take them with you and complete them at some other place? — ^A. We 
took them to Mr. Bacon's office. 

Q. Was he a Justice of the peace? — ^A. Yes, sir. 

Q. What were his politics? — ^A. He was a Democrat. 

Q. Is Mr. Bacon now living? — ^A. No, sir; he is dead. 

Q. Who did you see at Bacon's office when you went there to finish up 
the books? — ^A. Mr. Hager, Mr. Palmer, Mr. Bacon, and myself. 

Q. Did you set any figures down in the tally sheet that night before — after 
the count was completed, before you went to Mr. Bacon's office, so as to know 
the amount that each gentleman was credited with? — ^A. Yes, sir; they were 
all set down. 

Q. The figures?— A. Yes, sir. 

Q. Now, witness, take this Exhibit ''4"; is that in your handwriting those 
figures and tallies? — ^A. Yes, sir; it Is. 

Q. This tally book, taking the office of Representative in Congress on page 
12, of Exhibit "4," after the words ** Representative In Congress," what four 
names do you see as candidates named for that ojffice? — A. John M. C. Smith, 
Claude S. Carney, Levant L. Rogers, and Edward N. Dingley. 

Q. What tallies do you find opposite John M. C. Smith's name? — ^A. On« 
hundred and seventy-four. 

Q. That is the total?— A. Yes, sir; that is the total. 

Q. What were the straights? — ^A. One hundred and twelve. 

Q. What are the splits?— A. Sixty-two. 

Q. The total Is ascertained by adding those two together? — ^A. Yes, sir. 

Q. Are there any tallies opposite his name there; any figures or tallies, 
straight marks? — ^A. Yes, sir. 

Q. How many tallies are there there? — ^A. Sixty-two. 

Q. There is where you obtain the figures 62?— A. Yes, sir: 

Q. Were those set down there that morning before you left the polling place, 
before you went to Mr. Bacon's? — ^A. Yes, sir. 

Q. Just as that book Is now? — ^A. Yes, sir. 

Q. What you did after you went to Mr Bacon's office was to sign up those 
certificates? — ^A. Yes, sir. 

Q. In each place? — ^A. In each place. 

Q. Did anybody at that place at any time while you were there tally this 
vote? — ^A. William WItherall took my place a few minutes. 

Q. When was that? — ^A. In the evening. 

Q. About what time? — A. I think between 9 and 10 o'clock. 

Q. How long was he In yotrr place?— A. Not over 10 minutes. 

Q. Do you know how many tallies he tallied while you were gone? — A. I 
do not 

Q. Is that the only time you left the job? — A. That is the only time I was 
away from the place. 

Q. Do you know of anyone else tallying there besides yourself and Mr. Wither- 
all? — A. Yes, sir; Mr. Bera. 

Q. What time in the day did he tally?— A. J. H. Bera? Just a little bit be- 
fore we closed ; perhaps half an hour. 

Q. Early in the morning of the 6th? — A. Yes, sir 

Q. Just before you <init tallying?— A. Yes, sir. 



240 CAKNEY VS. SMITH. 

Q. Who was keei)iiig the tally while he was tallying? Who else? — A. I was 
there. 

Q. He didn't get hold of your book, did heV— A. I don't think he did. 

Q. I>o you know whether that tally after he came there was correct or not 
after Mr. Bera came In ; do you know that tally was correct as it was read to 
you after Mr. Bera took the place? — A. I don't know whether — I didn't notice— 
I might say yes. 

Q. He didn't take your book? — A. No, sir. 

Q. Had you seen Mr. Bera about the polling place anytime before that day? — 
A. No, sir : only when he came to vote. 

Q. You know Mr. Sayer, I suppose? — A. Yes, sir; Albert Sayer. 

Q. What are his politics? — ^A. Democrat 

Q. What were Mr. Wltliernll's iK)litlcs?— A. Well, Mr. Wltherall now, I sup- 
pose, is a Republican. He has always been a Democrat. 

Q. You mean he was enrolled ns a Republican at that time? — ^A. Yes, sir. 

Q. Mr. Knapi>, what have you to say ns to whether you gave Mr. Carney credit 
for all the votes that wore read off to you as belonging to him at that election?— 
A. I gave him every vote that was called for Mr. Carney he got 

Q. Did John M. C. Smith get any votes that were not called for him?— A. 
No, sir. 

Mr. Adams. I ol»Jec»t and move to strike out the answer as incompetent. I 
don't see how th!.»< witness can tell whether he did. ex(H»i»t as far as he kept the 
tally. 

Q. I will apk you whether you gave John Af. C. Smith credit for any votes 
that were not read off as belonging to him at that election? — A. No, sir. 

Cross-examination by Mr. Adams : 

Q. So the adjournment that you took you said it was about midnight, about 
1 o'clock you took that adjournment? — A. Somewhere about that. 

Q. On the (5th of November? — \. Somewhere there. 

Q. What hour did you adjourn to? — A. We didn't adjourn to any hour. 

Q. You did not adjourn that election at 1 o'clock on the morning of the Gth 
to any hour without any designation of the hour, did you? — ^A. We simply ad- 
journed until morning, then we found out we had to go to work and we went 
back to work again in about 30 minutes. 

Q. When you tcK>k that adjournment about 12 or 1 o'clock on the morning of 
November 0, 1912, to what hour did they adjourn that election to? — A. Well, sir, 
they adjourned until morning. 

Q. No hour fixed? — A. No definite hour fixed that I remember. 

Q. There was no nnnouncenient made that this board now adjourns until 6 
o'clock in the morning or 7 o'clock In the morning or 8 o'clock in the morning 
or any other particular hour, was there? — A. I don't know whether there was 
or not. 

Q. You don't know? — ^A. I don't know. 

Q. You were right there? — ^A. Yes, sir. 

Q. Do you mean to be understood utK>n this record that you can't tell to 
what hour, If to any hour, that board adjourned when it adjourned about 1 
o'clock on the morning of November G? — A. It might have adjurned to some 
hour. 

Q. It might have done a lot of things, what did it do? — A. I don't know what 
hour we adjourned to. 

Q. It didn't adjouni to any hour, but until morning? — A. That is the way 
I understood it 

Q. You heard the adjournment made? — ^A. Yes, sir. 

Q. Who made It; was It said, *'This board now adjourns until morning?'' — A. 
I think not. 

Q. What was said? — ^A, I couldn't tell you what was said. 

Q. Give us your best recollection of what was said? What did Mr. Palmer 
say? — A. He was tired out — Mr. Palmer said he was tired out; he said he was 
tired out, Mr. Palmer did. 

Q. What else did he say? — A. He thought we might as well adjourn until 
morning, that is the way I understood it. 

Q. Was that all that was said about the adjournment? — ^A. I think so. 

Q. On that announcement that Mr. Palmer made, that you have now testi- 
fied to, the board adjourned? — ^A. I think they did. 

Q. No other announcement was made? — A. Not that I know of. 

Q. You were there until the board of insi)ectors left, were you? — ^A. Yes, sir. 

Q. And went out with them? — A. Yes, sir. 



OABKEY VS. SMITH. 241 

Q. So if any other adjournment was made, you were in a position to bear it? — 
A. I presume I would ; yes, sir. 

Q. Now you stated that Mr. Bera was there in the morning about half an 
hour?— A. Somewhere about that. 

Q. What time in the morning did he come there? — A. I couldn't tell you ex* 
actly to a minute : it might haire been a few minutes before or after 12 o'clock. 

Q. And he remained there how long? — ^A. Until the votes were all counted 
but two, I think. 

Q. How long was that after Mr. Bera got there? — A. I couldn't tell you, quite 
a few Totes to count after Mr. Bera got in there, probably 10 or 12, somewhere 
along there. 

Q. How many votes would you say Mr. Bera helped count? — ^A. I couldn't 
tell you. 

Q. Whose book did he keep tally on, if anybody's book? — ^A. On Mr. Mapes. 

Q. When Mr. Bara kept tally of Mr. Mapes's book, Mr. Mapes was not there? — 
A. No, sir. 

Q. He had gone out of the x^lace wheie you were holding the election? — ^A, 
Yes, sir. 

Q. Mr. Bera at that time was a Rexmblican? — ^A. Yes, sir. 

Q. And was at that time postmaster at Sunfield? — ^A. Yes, sir. 

Q. And had been postmaster there for 8 or 10 or 12 years? — ^A. Somewhere 
along there. 

Q. Were you there when Mr. Bera was there? — ^A. Yes, sir. 

Q. AH the time?— A. Yes, sir. 

Q. Mr. Witherall took your place? — A. Mr. Witherall took my place the fore 
part of the evening. 

Q. What time in the evening was it he took your place? — A. Between 9 and 
10 o'clock. 

Q. Yon were gone about how long? — A. Not over 10 minutes. 

Q. Now Mr. Witherall was a Republican November 5? — ^A. Yes, sir; he was 
registered as a Republican in the primary poll book. 

Q. And was so registered immediately before that election on November 5? — 
A. Yes, sir. 

Q. Mr. Witherall tallied some?— A. Yes, sir. 

Q. Of your own knowledge, you don't know whether Mr. Wltherall's tallies 
were correct or not? — ^A. I don't know anything about that 

Q. You couldn't know that? — A. No, sir. 

Q. You said your figures were set down in the book before you left? — ^A. Yes, 
dr. 

Q. In the tally book? — A. Yes^ sir; they were set down, and I read them off, 
and Mr. Hager copied them Just as I read them ofT. 

Q. We are talking about these election returns, not what Mr. Hager or any- 
body else may have done. — ^A. No, sir. 

Q. When you said the figures were put down, you mean in the tally book? — 
A. Yes, sir. 

Q. That is all you referred to? — ^A. Yes, sir. 

Q. The statement book was filled up the next morning? — ^A. Yes, sir. 

Q. Over at Bacon's ofllce? — ^A. Yes, sir. 

Q- So that all you filled out that night was the tally book? — ^A. Yes, sir. 

Q. When you got over to Bacon's office on the morning of the 6th Mr. Mapes 
WEB not there?— A. No, sir. 

Q. Who brought the books over to Mr. Bacon's office? — ^A. I took them over 
myself. 

Q. Where did you get them? — ^A. I took them from the polling place and de- 
livered them to Mr. Bacon's office and locked the office up. 

Q. When? — ^A. That morning after we quit at the polling place. 

Q. When you left the voting place on the morning of November 6, 1912, you 
took all the election books, did you?— A. Yes, sir. 

Q. All that had been used there on election day to Mr. Bacon's office? — A. 
Yes, sir ; and locked the office up. 

Q. And put them in Mr. Bacon's office? — ^A. Yes, sir. 

Q. Did you lock the office?— A. Yes, sir. 

Q. How did you happen to have the key?— A. Mr. Bacon gave me the k^ and 
told me to put them in there. 

Q. You took them in there and locked the door? — ^A. Yes, sir. 

Q. And left them on a table, there perhaps in the office?- A. Yes, sir. 

Q. And took the key? — A. Yes, sir; with me, and went to breakfast 

286—13 ^16 



342 CABNEY VS. SMITH. 

Q. Then when you got back who was in the office?— A. Nobody until I un- 
locked it 

Q. You unlocked the door, did you, when you went back to Mr. Bacon*s office 
again? — A. I went back down after breakfast, and Mr. Hager was there, and 
Mr. Hager and Mr. Bacon, and I went over and all went In together. 

Q. The ballot boxes were not at Mr. Bacon's office at nny time up to the time 
you made these returns? — A. No, sir. 

Q. The ballot boxes were left where the election was held? — A. Yes, sir. 

Q. They were not sealed when you left the voting place in the town hall on 
the morning of November 6, after you finished your tally? — A. Yes. sir; Mr. 
Hager put a seal on them. 

Q. What kind of a seal did he jiut on them? — A. Ho had red sealing wax and 
melted It on there over the hole or slot in the top and a cloth i)ut over and he 
took and run the sealing wax, melte<i it ou there and put the township seal 
on it. 

Q. On the ballot box? — A. Yes. sir: and you ran find it now. 

Q. He put the seal ou it on the slot through which the ballots could be 
put? — A. Yes, sir. 

Q. Is that the Mr. Hager which testified here to-day? — A. Yes, sir. 

Q. You testified, did you. that when you and the inspectors left the town hall, 
after you finished counting on the morning of the 6th of November, thiit 
Mr. Hager, one of the in8i)ectors.at that election, put a strip of cloth over the 
slot in the ballot box and put sealing wax on it. did you? — A, I think I did. 

Q. Are you sure? — A. I know it was sealed up. 

Q. You testified tliut Mr. Hager iiut some cloth or something, some fabric 
over the slot in the ballot box and put sealing wax on it before you left there, 
did you or did you not? — .\. I think I dU\. 

Q. Are you sure about that? — A. I am quite i>ositive of it. 

Q. You swear on your t>ath he did. do you? — A. I think he did. 

Q. Do you mean to be under8t<iod as swearing i)ositively here under oath 
that Mr. Hager did that very thing, that morning, do you? — A. Yes, sir. 

Q. You saw him do it? — A. I saw him working at it. 

Q. You saw Mr. Hjiger put some cloth over the slot in the ballot box there 
that y<»u used on the 5th of November, and put sealing wax on that, do 
you? — A. I supiHKse he finished the job, I saw him doing it. 

Q. That is as strong as you want to put it? — A. I think that Is stroui? 
enough. 

Q. That Is as .strong as you want to put it? — A. I know nobody meddled 
with the box. 

Mr. Adams. 1 didn't ask you that, and I move that the answer be stricken out. 

Mr. Maynard. We object to it l>eiug stricken out. 

Q. You swear that you saw Mr. Hager. after you got through with the count 
at the town ball where you held that election, put some cloth on the ballot box 
over the slot into that ballot box and put sealing wax on there and sealed it 
np» do you? — A. I saw him to work at it and I suppose he finished his job. 

Q. You saw him using sealing wax on the ballot box to secure the cloth over 
fbe slot? — ^A. I saw him working at it and I suppose he finished it. 

Q. That is the same Hager who testified in your presence to-day?— A. Yes, sir. 

Q. These ballot boxes in which the votes for Representative in Congress 
w*'i*e deposited tliere on tliat day, were round boxes? — A. No, sir. 

Q. What kind of boxes were they? — A. Square boxes, a little longer tlian 
wide. 

Q. Y'ou didn't use any round boxes?— A. No. sir. 

Q. Where did Mr. Hager get tlie fabric you say he used tJiere in sealing 
that ballot box? — A. Tlie fabric was on the box. 

Q. Who had the key to the !)anot box?— A. I had the key to it. 

Q. You were clerk that day? — A. Yes, sir. 

Q. You were not the township clerk? — A. No, sir. 

Q. You and not the insiK^ctors had the key to the ballot box that contained 
the votes for candidates for Kepreseniative in Congress, at that election?— A. 
Yes, sir. 

Q. And nobody else had a key but you that you know of ?— A. No. sir. 

Q. YoH kept tiie key. did you. all the time during that election?— A. Yes. sir. 

Q. Have you got it now*/ — A. No, sir. 

Q. Who did you give it to?~A. To the supervisor. 

Q. Wlien did you give it to him first after you got through with that elec- 
tion?— A. After we got through with the election. 



CABNEY VS. SMITH. 243 

Q. When, after you got through with that election at Mr. Bacon's office, the . 
moi-ning of the 6th, did you first give ihat key to the ballot box, containing 
the votes for candidates for Congress, to him?— A. On the morning of the 6th, 
when we closed up. 

Q. At Mr. Bacon's office?— A. Yes, sir. 

Q. Where did you get the key of that ballot box?— A. Well, sir, It was handed, 
to ine that morning when I went in by Mr. Palmer. 

Q. Was the ballot box locked when the key was handed to you?— A. Yes, sir. 

Q. You went right on with your election then and left it locked, after the key 
was handed to you, and deposited the ballots in it?— A. After the board was 
organized. Mr. Palmer told me to get the ballot box and prepare it, and I un- 
ioeked the ballot box and took the ballots tliat stuck out of it and put them in 
the stove and burned them up and held the box up tliat the inspectors could 
see it was empty ; then I locked it — locked the box up — and he told me to keep 
the kev 

Q. Did you lock it?— A. Yes, sir. 

Q. You say, Mr. Knapp, that when you got through, at 5 o'clock in the morn- 
ing at the town hall, counting the vote, that you read off the names of the candi- 
dates and the votes for each one that your poll book slioweti each one got? — A. 
Yes, sir. 

Q. That you put down? — A. Yes. sir. 

Q. Or that were, rather, on your tally book? — A. That was on my tally book. 

Q. You read thQfle off aloucj? — ^A. Yes, sir. 

Q. You went out to supper? — A. No, sir; I did not. 

Q. Where did you get your supper? — A. I ordered my supper in and stayed 
right there, 

Q. You went out to dinner? — A. Yes, sir; I went out to dinner. 

Q. Were you out at any other time except that time you were out when Mr. 
Witherall took your place, quly when at dinner? — ^A. That is the only time. 

Q. You took your adjournment about 1 o'clock in the morning of the 6th? — A. 
Somewhere thereabouts. 

Q. Afld you came back there and opened up and went to counting about 2 
o'clock? — A. No, sir; I don't think it was 2 o'clock; I don't think we were gone 
from the hall over 30 minutes. 

Q. How do you fix that time?- A. I don't know anything about that. 

Q. That Is Just an estimate? — A, Yes, sir; Just long enough to walk to my 
place and eat a lunch and walk back two blocks. 

Q. How did you get word to go back; who gave you any word? — A. Mr. Ilager 
let me know. 

Q. Did he come to your house? — A. He telephoned me. 

Q. Were you through with your 8Up{)er when .vou got the -telephone? — A. I 
was just getting up from the table when the telephone rang, and he says, *' We 
will have to go to work." 

Q. Did you go right back or not? — A. I went right straight back. 

Q. W^ere the others there when you got there? — A. The others were coming; T 
saw them and I waited until they got close and 1 unlocked the door and we all 
went in together. 

Q. Did they all go in at the same time? — A. Practically so; we all went in 
together. 

Q. Was Mr. Mapes there?— A. Yes, sir. 

Q. Was Mr. Bacon right there? — A. Yes, sir. 

Q. And Mr. Hager? — A. Yes, sir. 

Q. All got right there coming from different parts practically at the same 
time? — A. Yes. sir. 

JOEL H. BERA, being first sworn to testify to the truth, the whole truth, and 
nothing but the truth, testified on behalf of the contestee as follows: 

Direct examination by Mr. Maynard: 

Q. Where do you reside? — A. Sunfleld. 

Q. How long have you lived there? — A. Twenty-five years, about. 
Q. What is your age? — A. 1 hate to tell that— I am 60. 

Q. Mr. Bera, what Is your occupation? — ^A. I am In the furniture and under- 
taking business at Sunfield. 

Q. What official position do you hold? — A. I am i)ostmaster. 

Q. How long have you been postmaster there? — A. About 13 years. 

Q. Have you ever held any township offices? — A. Yes, sir. 



244 CABNEY VS. SMITH. 

. Q. What? — ^A. Clerks supervisor, and treasurer; almost all the offices they 
could give me. 

Q. In the township?— A. Yes, sir. 

Q. Did you hold any township office on the 6th of November last? — A. No, sir. 

Q. Were you deputy township clerk? — A. Yes, sir. 

Q. That would be a township office — ^A. Would it? 

Q. How long did you hold the office of deputy township clerk? — ^A. Just this 
year. 

Q. This year, 1912?— A. Yes, sir. 

Q. Who was the township clerk? — ^A. My son-in-law. 

Q. What is his name? — ^A. Mapes. 

Q. Mr. Bera, did you vote at the election held in the township of Sunfield 
November 5, 1912?— A. I did. 

Q. About what time of day did you vote? — ^A. I think wh«i I went to my 
dinner or came from my dinner. 

Q. Were you about the polls at any time during that day? — ^A. I don't think 
I was ; I don't remember that I was. 

Q. Did you return the next morning before daylight? — A. I did. 

Q. About what time? — ^A. About 5 o'clock, I think. 

Q. How did you happen to go there at that hour? — ^A. I was there; I got up 
to take care of the body of a man who was killed with the evening train. 

Q. And on the way from your visit did you stop at the polls? — A. Yes» sir. 

Q. Did you take any part about the work at the polls titiat morning when you 
stopped? — ^A, Yes, sir. 

Q. What did you do?— A. I tallied f6r the clerk. 

Q. Why did you do that? — ^A. He appeared to be fatigued and I asked him to 
let me and let him rest a few minutes. 

Q. Did he leave the polls?— A. I think he did. 

Q. How many votes did you tally after you sat down? — ^A. I think about 10 
or 12. 

Q. Any more than that? — ^A. I wouldn't say so. 

Q. Who was reading the ballots when you were tallying? — A, Mr. Hager. 

Q. Did he read all the time as long as you were there? — ^A. I think he did ; 
yes, sir. 

Q. Was there anyone else tallying besides yourself? — ^A. Will Knapp. 

Q. Had you ever worked at that business before; tallied at an Section? — 
A. I have. 

Q. ^ter you sat down there and began to tally, did you keep a correct 
tally as It was read off to you ? — ^A. I did. 

Q. Were yon there when they completed the count? — ^A. I waa 

Q. What did you hear about it? — A. Immediately after they completed the 
count 

Q. Did you hear any declaration there? — A. I heard Mr. Knapp read the 
result before leaving. 

Q. Did you compare the tally sheet you kept with the one he had? — ^A. We 
did as we tallied. 

Q. Did you tally the same as he did; after you arrived, did your tallies 
agree? — ^A- They did. 

Q. Did you stay there while they arranged the polling place? — ^A. I did not. 

Q. Did you see them lock the ballot boxes?— A. No, sir; I left before that 
was done. 

Q. Did you at any time about the polls that day do any electioneering for 
the election of John M. C. Smith as Member of Congress? 

Mr. Adams. I object to it as incompetent, irrelevant, immaterial, and hearsay. 

Mr. Maynard. You charge in your notice that he did. 

Mr. Adams. That has nothing to do with the charge made In the petition. 

Q. Did you at any time about those polls on that day do any electioneering 
for the election of John M. C. Smith as Member of Congress?— A. I did not 

Cross-examination by Mr. Adams : 

Q. Did you do any electioneering for John M. 0. Smith that day anywhere? — 
A. I did not. 

Q. You didn't try to get anybody to vote for John M. C. Smith at that elec- 
tion on that election day? — ^A. I did not. 

Q. You didn't talk with anybody on the 5th day of November, 1912, while 
the voting was going on there at Sunfleld about voting for John M. C. Smith 
for Congress? — ^A. I did not. 



OABNEY VS. SMITH. 245 

Q. Yon are sure about that, are you? — A. I am postmaster there; I know 
better than to do that. 

Q. Yon are sure about that? — A. Yea, sir; I am. 

Q. You are interested In John M. C. Smith's election for Ck)ngres.s, were 
you not, on the day of the election, November 5, 1912?— A. I voted for Mr. 
Smith each time he was up for Congress. 

Q. You were interested in John M. C. Smith's election at that election, 
November 5, 1912, were you not? — ^A. So far as I have answered you. 

Q. I would like to have an answer to this question: You were Interested 
in John M. C. Smith's election at that election, November 5, 1912, were you 
not? — ^A. I have answered the question; as far as my vote was concerned. 

Q. Beyond that you were not? — A. I was not. 

Q. Had you done anything in John M. 0. Smith's behalf, in behalf of his 
candidacy as a candidate for the office of Representative In Congress during 
the campaign just prior to the November 6, 1912, election?— A. I don't know 
that I even winked at a man. 

Q. Did you do anjrthing in his behalf during that time? — A. I think nothing. 

Q. You were in the voting place there November 5, 1912, when they got 
through with the count about 5 o'clock on the morning of November 0? — 
A. Yes, sir. 

Q. Was Mr. Palmer there then? — ^A. He came in Just before they were fin- 
ishing. 

Q. How many votes were counted after Mr. Palmer got back there? — ^A. I 
think 1. 

Q. That was all there was to count? — A. I think it was. 

Q. All the rest of them, as you understood it, were counted? — A. Yes, sir; as 
I remember it 

Q. Yon said you tallied 10 or 12 votes? — ^A. Yes, sir. 

Q. That is your recollection of the votes you tallied at that election? — A. 
Yes, sir. 

Q. You say you heard Mr. Knapp read the result? — A. Yes, sir. 

Q. How long did It take him to read the result of that election? — ^A. Not 
very long. 

Q. About how long? — A. I would not pretend to estimate how many minutes; 
not many. 

Q. Ten?— A. Perhaps. 

Q. You didn't know that the polls were open when you dropped in there on 
that morning of the 6th? — A. Well, not until I had got back there. 

Q. You understood that it was closed about 1 o'clock in the morning? — ^A. No. 

Q. Were you there when the polls closed at 1 o'clock in the morning of No- 
vember 6— were you in the voting place? — A. I think I did; I think I did go 
back there about the time they were closing. 

Q. Did you stay there until they had closed about 1 o'clock? — ^A. I think not; 
I think I passed by their home after this man was hurt ; I had been over there 
and I think I stopped as I went home. 

Q. Had they adjourned when you stopped as you went home? — ^A. I don't 
think so. 

Q. Did they adjourn before you went home? — A. I don't think so, if I recol- 
lect right. 

Q. You went to bed, I suppose, and was called up when this man was hurt? — 
A. Yea, sir. 

Q. Before you went to bed did you learn that the polls had closed until morn- 
ing? — ^A. I don't recollect now; I will not swear. 

Q. Mr. Mapes is your son-in-law? — ^A. Yes, sir. 

Q. How long was he away from there after you began tallying ; did he come 
back up to the time you left?— A. I couldn't say. 

Q, What is your recollection whether he did or not? — A. I will not say 
whether he did or did not 

Q. You don't remember of seeing him there when the votes were being 
counted? — ^A. I have no recollection either way. 

Q. Up to the time you left, after yon began tallying? — ^A. I have no recollec- 
tion about that. 

Q. You were not sworn in there as any officer; any oath administered to 
you? — ^A. No, sir; only as deputy clerk. 

Q. That was the oath you had taken when? — ^A. Soon after his election. 

Q. When was he elected?— A. At the spring election. 



246 CARNEY VS. SMITH. 

Q. You were not sworn in by anybody when you came into that voting place 
that morning before you began tallying?— A. No, sir. 

Q. The only oath you took was that of deputy township clerk?— A. Yes, sir. 

Q. You didn't tnke any oath as clerk of that election, did you?— A. I did not. 

Q. You are a Kepubllcan in politics? — ^A. Yes, sir. 

Q. And always have been? — ^A. I agree with you. 

Q. That is what kept you young? — A. Yes, sir. 

Q. You have been quite a ijolitician over there in Suiifield?— A. No, sir. 

Q. You have be<«n somewhat of a iiolltician, haven't you? — ^A. I like to get out. 

Q. It is no disgrace for a man to be one. perhaps it is an honor and a dis- 
tinction. Were you a politician in Sunfield?— A. When I was on the ticket I 
always got out and hustled. 

Q. I suiJpose you hustled for some other fellow on the ticket, didn't you?— 
A. I might not do them any harm. 

Q. You tried to do them some good, didn't you? — A. Yes, sir. 

Q. Did you? — A. I couldn't sjiy. 

Q. Did you work in their behalf? — A. I don't know as I have been very 
much of a laborer along that line. 

C}. You have been clerk, supervisor, and treasurer of the township of Sun- 
field?— A. Yes, sir. 

Q. I suppose when you were running for those offices you were quite intensely 
Interested in politics, working for yourself and the other fellows on the ticket 
running at the same time you ran, were you not? — A. That is quite a while ago. 

Q. You didn't work for yourself alone and not for the other fellows on the 
same ticket with you. did you? — A. I would rather, if there was to be anybody 
left, I would rather it would be somebody else than me. 

Q. Did you work for the other fellows, too? 

(No, answer.) 

Q. You were appointed deputy township clerk about what time? — ^A. Soon 
after the town meeting after the election. 

Q. In the month of April, 1912?— A. Yes, sir. 

Redirect examination by Mr. MaynarD: 

Q. Is your pose office a fourth-class office? — A. Yes, sir. 

Q. How large a town is Sunfield?- A. 500. 

Q. Do you know what the iwlitics of Mr. Witherall is, or was on the 5th 
day of November last? 

Mr. Adams. Objected to as inconii)etent. Irrelevant, and immaterial. 

A. I had some talk with Mr. Witherall 

Mr. Adams. I object to any talk that he bad with him. 

Witness (continuing). Since 

Mr. Adams. I object to his testifying to any talk with Mr. Witherall as 
incompetent irrelevant, and immaterial, and hearsay. 

A. Mr. Witherall assured me that he voted the Democratic ticket and for 
Mr. Carney, with his own mouth. 

Mr. Adams. I move that that go out as incompetent and hearsay. 

Recross-exa mi nation by Mr. Adams : 

Q. When did Mr. Witherall tell you that?— A. After the Sunfield count 
commenced. 

Q. Since November 6, 1912?--A. Yes, sir. 

Q. Where did he tell you that? — ^A I think we were in my office. 

Q. When — what day? — A. Well, now, I couldn't tell you that exactly, 

Q. Can't you tell?— A. No, sir. 

Q. You don't know? — A. No, sir. 

Q. Who else was present? — A. I couldn't tell you. 

Q. Was there anybody present? — A. I couldn't tell you. 

Q. You don't remember whether anybody was present or not? — A. I think 
so, but I am not positive. 

Q. Who was iVi — A. I don't remember. 

Q. Can you recollect who, if anybody, was present when this talk took 
place? — ^A. No, sir. 

Q. Where did you say that took place — at your place of business? — ^A. I 
think it did. 

Q. What place of business do you mean? — A. In my store. 

Q. In Sunfield?— A. in Sunfield. 

Q. What store do you mean? — A. In the furniture and undertaking buainflM. 



OABNEV VS. SMITH. 247 

Q. What part of your furniture and undertaking business did this conversa- 
tion vfith Mr. Witherall take place?— A. In the store. 

Q. What part of the store?— A. I couldn't tell you; I think it was In the 

store. 

Q. You don't know whether it took place in the store at all?— A. I haren't 
sworn it did. 

Q. You don't know whether it took place in the store at all, do you?— A. I 
haven't sworn it did. 

Q. Did it take place in the store?— A. I haven't sworn it did; neither will I 
swear it did not. 

Q. Did it take place in the store?— A, I think I hate answered It 
Q. Have you answered it aU you want to or will?— A. Yes, sir. 
Q. Might it have taken place outside of the store?- A. Yes, sir. 
Q. Where, if outside of the store, did it take place?— A. I couldn't tell you. 
Q. You don't know whether it took place in the store or outside, do you?— A 
I do not. 

Q. You don't know who was present if anybody?— A. No, sir. 

Q. How did the conversation come up?— A. The fact of Mr. Carney contesting 
the election with Mr. Smith or counting over in Sunfleld brought it up. 

Q. What was the conversation that took place?— A. I can't very well tell you. 

Q. Can't you recall what took place — what the conversation was between you 
and Mr. Witherall ?— A. I can't any further than this: I said to him that I 
thought Mr. Carney was out of place in contesting the election at Sunfleld, be- 
cauge we had always attempted and tried to get the results as they actually 
were, and he said, ** I agree with you," or words to that effect; then he said, " I 
voted for him ; I never would again." Now, I hated to tell that here before Mr. 
Carney, but that is the conversation, as near as I can tell it. • 

Q. That is what Mr. Witherall said?— A. Yes, sir. 

Q. You didn't like to have your election contested over there in Sunfleld?— A. 
I never saw any really good ground for it 

Mr. Adams. I move to strike out the answer as not responsive. 

Q. You didn't like to have — you were opposed to Mr. Carney contesting the 
election in Sunfleld. were you?— A. I couldn't see any ground for it. 

Q. You were opposed to it? 

Mr. Adams. I move to strike out the last answer as not responsive and is In- 
competent, Irrelevant and Immaterial. 

A. That is my answer to the question. 

Q. You were opposed to Mr. Carney contesting the election in Sunfleld, were 
you. and are now? — ^A. I have answered it 

Q. That is the only way you will answer It?— A. Yes, sir. 

■ 

DENNIS A. HA6ER. recalled for further cross-examnation by Mr. Adams, 
testified as follows : 

Q. This certiflcate, Mr. Hager, in Exhibit 3, was made out there at Mr. 
Bacon's office on the morning of the 6th of November. 1912. That is the state- 
ment book?— A. I think so; yes, sir. 

Q. It was all written up over there — whatever writing there Is there? — ^A. 
Unless it would be this In here [Indicating]. 

Q. This certiflcate here reads: " We do hereby certify that the foregoing is a 
correct statement of the votes given in the township of Sunfleld, county of 
^ton. State of Michigan, at the general election held on Tuesday, the 6th day 
of November. A. D. 1912. In witness whereof we have hereunto set our handfl^ 
at the township of Sunfleld, in said county and State, this 5th day of November, 
A. D. 1912." Now, was the word " township " and the word " Sunfleld " and 
"Eaton" and the "5 of Nov." written in that certiflcate over there In Mr. 
Bacon's office on that day?— A. I couldn't say. 

Q. Was it not? — ^A. I couldn't say whether It was or not 

Q. Yob signed that certiflcate, anyway, over at Mr. Bacon's ofllce?— A. Yes, 

Bfr. 

Q. You signed a certiflcate there that shows that that occurred and that you 
signed it on the 5th day of November. 1912, didn't you? 

Mr. Fhanrhauseb. We object to it ; it shows for itself. 

Q. That was the fact at)Out it, was it not ; you did it on the 6th? — A. I think so. 

Q. You are sure about that, yon signed it on the 6th? — A. Yes, sir. 

Q. Made the certificate on the 0th of November, 1912, at Mr. Bacon's ofllce?— 
A. Yes, sir; it looks that way. 



248 



CABNEY VS. SMITH. 



Q. Isn t that a fact, not only looks that way?— A. I think it is. 

J\m o ^^^ ^^®^ advice, didn't you, before you made that certificate over 
at Mr. Bacon s office that the adjournment that you made of the election about 
1 o clock on the morning of the 6th was not legal?— A. We were advised to go 
back, told to go back and go to counting the votes. 

J^' JS^ ^®r® advised that the adjournment was not legal ?— A. Nothing said 
about the adjournment. 

Q. That is why you went back, was it not, you understood you had no right 
to adjourn?— A. Well, yes; after we found out we had no right we went back 
and went to work. 

Q. When you signed that certificate In Exhibit 3, at page 16, which I last 
called your attenUon to, you signed that knowing that you should not have 
taken that adjournment about 1 o'clock on the morning of the 6th, didn't you?— 
A. I don't Imow as I Just get your meaning. 

Q. When you signed this certificate which I now show you, over at Mr. 
Bacon's office on the morning of the 6th of November, 1912, you knew that 
you should not have adjourned your work over in the town hall at 1 o'clock 
that morning?— A. The prosecuting attorney said we had to go back and go to 
work. 

Q. You had that information from the prosecuting attorney before you 
signed that certificate on Exhibit 3?— A. Yes, sir; I think so. 

Q. Mr. Hager, did you make an affidavit concerning the election held over 
there on November 5, 1912?— A. I made a statement. 

Q. And signed it and swore to it?— A. I signed it 

Q. Did you swear to it?— A. Now, I rather think not. 

Q. Have you a copy of it with you ?— A. I hav«i't ; I didn't get any copy. 

Q. Who came to you with the statement and asked you to sign It, John C 
Nichols?— A. He was there. 

Q. He came to you as, a matter of fact, and sa^ you about it and asked 
you to sign it, did he? — A. Yes, sir; he came over there. 

Q. Was there anybody with him?— A. Well, nobody came over with him that 
I know of. 

Q. I mean when he came to see you?— A. No, sir; he was alone. 

Q. Did he have the statement ready for you to sign?— A. Now, I couldn't say 
as to that 

Q. Did you sign it right there at that place?— A. I told him— he came to see 
what we had done, and I told him what we did, and he wrote it down and I 
signed the statement, no oath or anything. 

Q. He didn't leave a copy of it with you?— A. No, sir. 

Q. That is the John C. Nichols who was county clerk for a while?— ^. Yes, 
sir. 

Q. Do you know of anybody else who signed the same statement? Did you 
see anybody else sign any statement? — A. I didn't see anybody else sign It 

Q. Was there any other signature on the one you signed? — A. I couldn't say 
now. 

Redirect examination by Mr. Matnabd: 

Q. In this certificate you signed. Exhibit 3, which reads as follows : *' State 
of Michigan, county of Eaton, ss. We do hereby certity that the foregoing is a 
correct statement of the votes given in the township of Sunfield, Eaton County, 
State of Michigan, at the general election held on Tuesday, the 6th day of 
November. A. D. 1912." Did you believe that to be a correct statement when 
you signed it? — ^A. I did or I would not have signed it 

Q. Do you still think it to be true?— A. Yes. sir; I do. 

Recross-exaniinatlon by Mr. Adams: 

Q. You still believe, do you, that the certificate here signed by you Is a cor- 
rect statement and that you set your bauds to this certificate on the 5th day 
of November, 1012, and that you believe that to be a correct statement, eh?— 
A. I didn't say I set my hand there the 5th day of November. I believe that 
to be a correct statement, nevertheless. 

Q. I call your attention to the certificate : " The foregoing is a correct state- 
ment of the votes given in the township of Sunfield, county of Eaton, State of 
Michigan, at the general election held on Tuesday, the 5th day of November, 
A. D. 1912. In witness whereof we have hereunto set our hands at the town- 
ship of Sunfield, said county and State, this 5th day of November, A. D. 1912.'* — 
A. I see that 

Q. That was not true, was It? — A. No, sir; 1 told you 



GABNEY VS. SMITH. 249 

Q. (Interrupting.) You didn't set your hand there on the 5th? — A. No ,sir; 
on the 6th ; that was the correct vote of the 5th of November. 

Q. You dldn*t set your hand to that certificate until the 6th day of Novem- 
ber. 1912?— A. I didn't say I did. 

Q. Then It is not a correct certificate, is it? — ^A. Well, as far as the certificate 
is concerned, the figures in that, I believe, are correct. It might have been — 
it would not be the correct time. I signed it the next day. 

Q. It says you signed that at the township of Sunfield, in said county and 
State, on the 5th day of November, 1912; that part of that certificate is not 
true, is it? 

Mr. Maynasd. You have asked the same identical question 10 times, and 
I object to it 

Mr. Fellows. I object to any further interrogatories to this witness upon 
this subject. He has stated, as far as the figures are concerned, that it is a 
correct statement, and so far aS the date is concerned, that it was not signed 
onto the 6th, and for that reason that question has been answered. 

Q. It says you signed that at the township of Sunfield, in said county and 
State, on the 5th day of November, 1912. That part of that certificate is not 
true, is it? — A. I don't know as I said I signed it on the 5th day. 

Q. The certificate says it was signed the 5th? — A. Yes, sir. 

Q. The certificate says you did sign that certificate on the 5th day of Novem- 
ber. That part of that certificate which says you signed that certificate on 
the 5th day of November, 1912, is not true, is it? — ^A. I think the certificate 
probably is not true, but the figures of that election returns are true, to the 
best of my knowledge and belief. 

Mr. Adams. That part of the answer as to the figures of the election returns 
being true, I move to strike out as not responsive. I am interrogating him 
wholly about the certificate. 

Redirect examination by Mr. Maynabd: 

Q. When they presented this for your signature was your attention called 
to the date of the certificate at all as to whether the 6th or 5th? — A. No, sir; 
I read It over there. It was not. 

Q. The statement here is that this is a correct statement of the votes given 
in the township of Sunfield, county of Eaton, State of Michigan, at the general 
election held on Tuesday, the 5th day of November, 1912; do you believe that 
statement to be true?-»-A. I do. 

Q. Was your attention called to the date of it at all? — A. No, sir. 

By Mr. Adams: 
Q. You read the certificate over before you signed it? — A. I think so. 

D. W. KNAPP, recalled for further cross-examination by Mr. Adams, testified 
as follows : 

Q. Mr. Knapp, did you make any statement in writing of what occurred over 
there at the election in Sunfield on November 5, 1912, after the election was 
over?— A. Yes, sir ; I think I did. 

Q. Have you a copy of it with you ? — ^A. No, sir. 

Q. Have you a copy of it at home? — A. I don't know whether I have or not. 

Q. You kept a copy, didn't you? — A. I got a copy ; I made a copy of it myself. 

Q. Didn't you keep it? — ^A. I don't know whether I can find it or not. 

Q. What did you do with it? — ^A. I don*t know. It is somewhere in the house. 
It was laid down, and I don't know whether I can find it or not. 

Q. Who came to you to have you make a statement? — ^A. John C^ Nichols 
came up there. 

Q. That is John C. Nichols, of Charlotte?— A. Yes, sir. 

Q. The same Nichols who was running on the ticket last November 5 elec- 
tion?— A. I guess so; I don't know. 

Q. He is the same John C. Nichols who succeeded Mr. Pray in the county 
clerk's office?— A. Yes, sir. 

Q. If you can find that statement, I wish you would bring it back with you 
to-morrow.— A. Well, I can't do it 

Mr. Adams. I would like to have the witness see if he can find it and come 
back here to-morrow. 

Mr. Fbankhauses. Will it do if he sends it in a letter? 

Mr. Adams. No. I would like to have him come back to-morrow, too. 



250 CARNEY VS. SMITH. 

Mr. Fi-xLowe. There has been no notice given ns to produce this paper, and 
the witness h«s been here and we are not bonnd to keep him h^re two or three 
days for the accomniodntion of counsel. The witness is here, and if yon have 
any further cross-examination to make, make it 

Mr. Adams. I will Klve you notice now to have the witness produce that paper 
here to-morrow morning at 11 o'clock. 

Witness. I can't do it. 

Mr. Adams. We give you notice now to produce the original that Mr. Nichols 
got from Mr. Knapp and also from Mr. Hager, and we give you that notice now; 
or any statement that he took of any witness or witnesses in Suufield or Carmel 
Townships relative to that November 5, 1912, election. We give you notice 
now to have Mr. Nichols or anybody else who has this to produce them. 

Mr. Fellows. We will not produce them. W^e will let you make oral proof 
of their contents. 

Mr. Maynabd. We have no such documents. I haven't, and I have not seen 
them nor heard of them. 

Witness. I don't know whether I can find It or not. It may be in the house 
somewhere, but I don't know where it is. If I get home at 10 o'clock at night 
and back in the morning at 8 o'clock, I can't go through those things and get 
any paper and come back here to-morrow. 

Q. Can you get back here to-morrow afterncnrnV — A. No, sir; there is but one 
train a day. 

Q. Don't you get home until 10 o'clock at night? — A. No, sir; it is utterly 
imi>o8sible. I can't get here to-morrow. 

Mr. Adams. You can get it here Saturday morning upon the arrival of the 
train? 

Witness. At 11 o'clock. 

Mr. Adams. Say Saturday morning of this week, unless we give the other side 
notice that we do not want you to come. 

11. H. MAPKS, being first sworn to tell the truth, the whole truth, and nothing 
but the truth, testified in behalf of the contestee as follows: 

Direct examination by Mr. Maynard: 

Q. What is your age?— A. Thirty-five. 

Q. Where do you reside? — A. Sunfield. 

Q. How long have you lived there? — A. About 10 years. 

Q. What ofllcial position in the township did you hold on the 5th day of 
November last? — A. I was township clerk. 

Q. Are you still township clerk? — A. Yes, sir. 

Q. When were you elected to that ofllce? — A. Last April. 

Q. Did you appoint a dei)uty township clerk in that township? — ^A. I did- 

Q. Whom did you apr>olnt? — A. J. 11. Bera. 

Q. What relation is he to you? — A. He Is my father-in-law. 

Q. Are you engjiged with him in busliiess there — ^the undertaking business? — 
A. Yes. sir: and furniture. 

Q. Did you act as clerk of that election at the general election held in the 
township of Sunfield on November 5, 1912?— A. I did. 

Q. Did you take any oflScial oath in the morning when you organised the 
board? — A. Yes, sir. 

Q. Who administered the oath to you?— A. Frank H. Bacon. 

Q. Is he the oldest justice of the peace? — A. Yes, sir. 

Q. He is not living now? — A. He is dead now^. 

Q. Were you there when they adjourned for dinner?— A. Yes, sir. 

Q. W' hat did you do with the books, pai)er8, and ballot boxes?— A. The books 
were left there lying on the table and the ballot box was left 

Q. Which way is the front of the building?— A. West; it faces to the west 

Q. What street is that on? — A. Itunnlng which way? 

Q. What is the name of the street that runs in front of this building^— A. I 
don't believe there is a name for it; I don't know what it Is; I thhik Washing- 
ton Street. 

Q. Which way does that street run? — A. North and south. 

g. Which way does the railroad run tiirough Sunfield? — A. East and west 

Q. And tills building Is on the north side of the street fachig the west?— A. 
Yes. sir, 

Q. Then, on which side of the building were the booths? — ^A. On the south 
side. 



CARNEY VS. SMITH. 251 

Q. As you go into the door from the west, the front door, what is there in the 
southwest corner of the building? — A. TTiere Is the council room in there, where 
the council meets. 

Q. Is thnt where the village c(»nncil holds its meetings. In that corner? — A. 
Yes, sir. 

Q. Then, in tlie north of that building, is that the place whei-e the polling 
booth is established? — A. It is in the corner here [indicating!, in the southwest 
corner. 

Q. Of that council room?— A. Yes, sir: then there is a railing running 
Btralght down through there near the center, and we used the south half of that. 

Q. That railing ran north and south? — A. East and west the railing ran. 

Q. Which way is the long way of the building? — A. East and west. 

Q. And the council room is in the southwest corner? — A. Yes, sir. 

Q. Then the polling place is divided