5K CORNELL 7)^^^ UNIVERSITY / V^- LIBRARY Cornell University Library JK3495 .A54 Proceedings and testimony taken before t olin 3 1924 030 490 738 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030490738 PROCEEDINGS AND TESTIMONY TAKEN BEFORE THE SENATE {COMMITTEE ON PEIVELEGES ^ AND ELECTIONS, SENATE "cffllftBEE, CAPITOL, IN THE MATTER OF CONTESTING THE ELECTION OP JOHN H. DERBY, OE THE SIXTEENTH SENATORIAL DISTRICT. / The senate committee on privileges and elections met in the senate chamber, at the Capitol, in the city of Albany, on Thursday, January 7, 1892, at 10 a. m., when the following proceedings were had : Present — Chairman George F. Roesch, and Senators Endres and Emerson. Michael P. Collins appeared by Lewis E. Griffiths, William J. Roche and James M. Whitman, as counsel. , John H. Derby appeared by George B. Wellington, Grenville M. Ingalsbee and A- D. Arnold, as counsel. Chairman Roesoh. — The committee wUl please be in order. Senator Endees. — I desire to offer the following resolution : Resolved, That James M. Ruso be and he is hereby appointed ste- nographer to the committee on privileges and elections. Carried. . Senator Endees. — Also, the following : Resolved, That the stenographer furnish three copiep of the pro- ceedings, one for the committee and one for the counsel on each side. Carried. Chairman Roesoh. — Gentlemen, the first case the committee will take up is that of Michael P. Collins, in reference to the seat held by John H. Derby of the sixteenth senatorial district. The petition is very short and the chair will take the liberty of reading it. To the Honorable the Smote of the State of New York : The petition of Michael P. Collins respectfully shows: That your petitioner is now and for upwards of twenty years last past has been a citizen of th6 United States and of the State of New York, and during all that tinte he has been and still is a resident and duly qualified elector of the city of Troy, Rensselaer county, New York. That said city and county comprise a part of the sixteenth senatorial district of said State— the county of Washington being the other portion of said district. That a general election was held in said State on the 3d of November, 1891, at which senators were elected in the several districts, and that your petitioner was a candidate at said election for the office of senator from said sixteenth district; and, as your petitioner is informed and believes, a majority of all the legal votes in said district 6ast for senator at said election were cast for the petitioner and he was duly and legally elected to the office of senator of said district. That Honorable John H. Derby, of Sandy Hill, in the county of Washington, who was the opponent of your petitioner, claims to have been elected to said office and wrongfully holds and enjoys the same to the exclusion of your petitioner. That as your petitioner is informed and believes, the said Derby was not legally elected to said office at said election and is not entitled to hold the same. That said Derby wrongfully holds or claims to hold said office under a certificate issued to him by the board of State canvassers, which certificate is based upon statements or returns transmitted to said board, purporting to show that at said election the said Derby received in the said district for the office of senator. 19,149 votes, and that said Collins received for said office, 18,488 votes. That said certificate of the State board of canvassers and the statements of the county canvassers of Rensselaer and Washington counties transmitted to said board are, as your petitioner verily believes, based upon returns of illegal and fraudulent votes, cast in said district at said election in the interest of the said Derby. That the said election was conducted in many places in said district in an irregular and illegal manner, and the election laws of the State gov- erning such election were violated in many particulars. That fraud, bribery, intimidation, persuading voters to stay away from the polls and not vote, and other illegal and corrupt acts in the interest of said Derby, were carried on to such an extent in many polling places in the said two counties as to procure for the said Derby the apparent plu- rality which he received in said district for the office of senator. Tour petitioner is prepared and requests leave to present proofs of the matters above allBged. Wherefore, your petitioner prays that he be declared to be entitled to a,nd that he be awarded the seat in the senate to which he was fairly and legally elected, and which is now wrongfully claimed and held by the said Derby. And your petitioner will ever pray, etc. Dated January 5, 1892. M. F. COLLINS. STATE OF NEW YORK } r SS ' •7 County of Eensselaeb. j Michael P. Collins being duly sworn, deposes and says that he is the petitioner above named; that he has read the foregoing petition and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters he believes it to be true. MICHAEL P. COLLINS. Sworn to before me this 5th I day of January, 1892. I Edmund G. Eoohe, Commissioner of Deeds, Troy, N. Y. Gboege L. Lewis, of Ballston. — Mr. Chairman, and gentlemen of the committee : I appear for Mr. Edward H. Hoyt, the contestant in the eighteenth district, and I would wish to state that the case was set down for next Monday, and our proof will be very short. About all of it is documentary and we will probably finish our side on that day, I see Mr. Donaldson, the member who holds the seat is here, and I state it for his benefit. Chairman Roesoh.— ^-The committee is ready to hear the contest of Michael P. Collins. Geoegb B. Wellington. — If the committee please, I desire to move that the petition of Mr. Collins be made more definite and certain. I have not been furnished with a copy of ,the petition, and, as I under- stand it, Senator Derby was not furnished with a copy of the petition^ nor did he see it until this morning. I do not claim to be ignorant of this contest entirely, for the reason that last evening I saw whait pur- ported t J be a copy of it in one of the evening papers, and I presume that copy was correct. This morning as it was read by your chairman, I thought I recognized the terms. As would appear from the peti- tion, the allegation is, substantially, that in many districts in this senatorial district there were alleged fraudulent votes cast, and there was bribery and intimidation and other irregularities which would vitiate the election in those districts, but we are not informed what those election districts are, as I take it, all precedents in cases of this character establish the rule that the petition is analogous to a com- plaint, or a bill in a suit at law, and that in the interest of justice and fairness, the allegation should be made definite, reasonably definite and certain, so that the respondent may suitably prepare an answer, giving him an opportunity to admit or deny the allegations, and giving him an opportunity thus reasonably to prepare for trial. Of course, we have had no opportunity at all to prepare an answer to this petition, and I would therefore move that either a bill of items be furnished, or else this petition be made more definite and more certain. It can not be that argument is necessary to show th& justice of this motion. As it is now, we haven't the remotest idea what dis- tricts the contestant intends to attack, and of course we are utterly unable to prepare for trial. It can not be presumed, I submit, that the contestant means by "many," all the districts in the sena- torial district, for if he intended to allege that there were irregularities in all the districts, we are prepared to admit that irregularities existed in some districts in the city of Troy, and I submit we should have this opportunity to know what we are to meet and in order to limit reasonably the contestant in his proof. Ohairrban Eoesch. — The committee will hear the other side. William J. Eoche. — Mr. Chairman, I presume the motion of the counsel for Mr. Derby is in the nature of an application for a bill of items or particulars, such as is oftentimes made in proceedings in court, but if the committee will remember, as I have no doubt you will, such a bill of particulars or items is never demandable, as a matter of right, unless there is account sued upon or set up. There is no account or claim here in the ordinary meaning of those terms and the matter of furnishing a bill of particulars in any other case than in an action or proceeding upon account, is one in the discretion, very largely, of the court or body before which the application is made, but there are well-defined, well-settled principles, applicable to such an application, which the counsel is well aware of, and which, I believe, the committee is fully informed of, and will not ignore in this matter. I do not propose to cite at length any authorities upon this subject, because it would be a mere waste of time, but I will make refer- ence, in brief, to the general rules applicable on this subject, and I have here references to the decisions of the court which govern the matter, among them is that a bill of particulars is not given or required for the purpose of disclosing to an adverse party the case relied upon nor the proof to substantiate the same; its office is not to disclose the evidence relied upon to establish the propositions nor to appraise the defendant — I presume Mr. Derby is here somewhat in that attitude — of the nature of the plaintiff's proofs or of the names of his witnesses; if the infoi^ation sought is in the possession of the party asking it, then it is plain that the application is stimulated by some motive other than a desire for specific details. I shall show to the committee in a moment that this information is in the possession of the counsel, or at least of the client, and was readibly obtainable by them. Where a bill of particulars is sought there should be an afSdavit of the party himself — we have no such here — showing the specific causes of the complaint are not known to him, although the counts may be ;general the defendant may well know the specific causes of action and Ithe bill of particulars be unnecessary, therefore the point should be covered by his own affidavit. As I say, there is no affidavit presented here on behalf of Mr. Derby, that all matters in regard to which he is Icalled upon to answer are not within his knowledge, or that the complaint, the petition here, is so general in its terms that he can reasonably and fairly be called upon to answer it, but I desire further to call the attention of the committee to this fact. Mr. Collins pre- isented a protest to the Rensselaer county board of supervisors, on the eighteenth of November, a copy of which I have here, and it is in I detail, mentioning a number of districts in which alleged illegal and fraudulent acts in the interest of Mr. Derby were committed on the jday of election. That protest was accompanied by proofs which were then and there presented to the Eensselaer county canvassers. Three or four days afterwards, and in the columns of the Northern Budget in our city, this protest was published in full. Several days after that, and at the first meeting of the State board of canvassers, Mr. Ingallsbe appeared there; he was the attorney, as I understand, for Mr. Derby. Mr. Bliss, of New York, who was also general coun- sel for the Eepublican members whose s^ats were in question — Chairman Roesch. — Counsel will pardon me. The committee have conferred and are unanimously of the opinion that the allegations in the petition are sufficient to authorize the committee to direct the contestant to go on with his case and giving the sitting member an opportunity, after the contestants are finished with their cases, to meet the charges thus advanced in the development of the case. Mr. RooHE.— Very well. Mr. Wellington. — Do I understand the rule to be to this effect, that without filing a formal answer in writing, the sitting member shall be permitted to meet whatever proofs shall have been advanced by the contestant, and also to prove such affirmative facts as shall be an answer to the petition by way of avoidance ? Mr. Roche. — We want to have an issue here. There shall be an answer filed to this petition; it is in the nature of a complaint; we do not know what they will admit or what they will denyi we want a paper filed here which will put in issue the allegations of this petition. There is no use of our going ahead T^ith this matter if there is no denial of this petition. Mr. Geiffiths. — If my friend's position is that he admits the sub- stance of our petition we ask for judgment now. Mr. Wellington. — It is a novel suggestion, may I be permitted to say, that we should go to the columns of a newspaper in order to find out the details of the contestant's action. I am perfectly willing, if we are to have the same opportunity they are, I am perfectly willing to go on without formal pleading. This paper that is filed merely contains generalities which it is very easy for us to deny, and any fur- ther answer by way of counter-claim to make similar allegations in regard to many districts in this senatorial district. That is not the way law suits are conducted, and I submit in fairness to both sides it ouglit not to be here. I am willing to submit to anything that is proper. , Mr. G-EiFPiTHS. — Mr. Roche, in, presenting the motion which the com- mittee has determined in our favor, was about to call the attention of the committee to the proceedings of the Court of Appeals on the writs of mandamus. I do not intend to charge Mr. Wellington with bad faith in this matteir, but the other counsel who appeared there and who makes an affidavit here, together with the affidavit of Mr. Derby, upon which he grounds his reason for the right of mandamus, swears in his affidavit he knowd every allegation made and files part of the pro- test filed before the Eensselaer county board of supervisors and the State bokrd of canvassers. Mr. Derby must come out from under his cover and acknowledge that he is aware of those particulars, or that he is guilty of corrupt perjury in making that affidavit that was pre- sented and upon which the proceedings in the Court of Appeals were determined. We want no masquerade here. Chairman Eoesoh. — ; The committee will rule that the case of the contestants shall now proceed; the matter of filing the answer to the petition will be disposed of subsequently. Mr. Wellington. — Does the learned counsel mean to say — Chairman Roesoh. — I think this discussion is entirely out of order; let us proceed with the case. Mr. Wellington.— May I be permitted to ask a question of the counsel for information ? Chairman Roesoh. — The committee has disposed of the matter for the present. Mr. Wellington. — It is not to seek a reversal of the ruling of the committee. May I be permitted to ask the counsel on the other side a question? Chairman Eoesch. — I think the committee had better go on with the contestant's case and then give the sitting member an opportunity to RKNSSK TROT. First ward . . . Second ward . Seventh ward . Twelfth ward Thirteenth ward . Hoosick Lansingburgh Nassau North Greenbush . Petersburgh Pittstown ... Fob Goveesob. Third ward.. Fourth ward Fifth ward . . 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' 74 ....' 61 177 32 61 177 74 61 177 32 61 177 ■"6 5 '"5 74 62 177 32 60 177 "6 5 '".5 74 60 177 32 63 177 74 61 177 32 61 177 "e 4 72 60 187 34 62 166 . . . . 5 ""e 4 — 177 '"'.5' 132 4 2 .i 121 132 4 2 122 132 4 2 140 112 4 2 118 134 120 132 4 117 134 4 ....! 154 194 93 85 2 3 153 194 94 85 2 3 155 92 2 149 98 155 91 1.54 92 94 84 2 2 3 ""2 "2 195 84 '"2 3 185 91 192 85 "2 '.'.'.':. 193 85 ....„ 149 4 2 216 150 4 1 247 149 4 1 247 149 4 1 236 159 248 146 4 253 143 4 150 2 7 220 150 2 7 225 151 2 7 227 149 . 2 7 217 158 226 150 2 226 150 2 166 14 2 172 165 14 2 172 165 14 2 171 160 14 2 164 172 174 164 13 171 167 13 160 4 15 9 4 88 40 122 169 80 159 4 15 9 83 40 122 169 80 1.59 4 15 9 "4 88 40 122 169 80 159 4 15 9 "4 "2' 88 39 122 169 79 159 is 87 40 120 169 80 162 4 15 8 "e" 88 40 122 169 80 159 4 15 9 "e' 80 159 '■■'4' 138 7 3 173 138 7 3 173 138 7 3 173 138 7 3 155 157 9 174 157 7 3 168 144 6 3 101 16 1 122 101 16 1 122 101 16 1 122 101 16 1 120 103 124 99 16 123 100 16 91 5 10 8 12 10 7 14 20 9 12 12 216 92 5 5 216 92 5 4 215 92 5 5 215 95 214 93 5 216 92 5 151 1 111 193 1.51 74 10 8 111 193 151 74 10 8 "i 112 193 150 74 11 8 .... 105 181 157 86 112 196 150 71 10 8 108 195 153 71 10 8 — 74 i 290 2 62 290 12 2 61 291 12 2 62 290 12 2 67 285 67 287 10 70 280 12 .... 179 5 76 179 10 5 76 179 10 5 76 179 10 5 78 178 77 175 13 76 179 10 219 (j 168 220 6 6 168 219 7 6 168 220 6 6 167 219 ii 171 218 6 5 167 221 7 5' 250 5 107 250 14 5 107 250 14 5 107 250 14 5 110 249 110 249 13 102 257 13 228 2 140 160 228 151 20 9 140 161 228 150 20 9 "2 140 160 228 151 20 9 "2 143 161 227 149 "is 146 162 222 149 20 9 141 157 227 154 20 9 150 ""2 224 2 121 224 12 2 122 224 11 2 121 224 12 2 • 121 224 124 220 12 126 219 12 162 2 127 162 12 2 127 162 12 2 127 162 12 2 127 162 127 162 12 128 161 12 . . . . 115 27 7 9 2 4 6 3 3 15 28 23 17 1 98 117 26 2 99 118 26 1 99 115 26 1 97 118 99 118 26 135 86 22 159 1 86 1.56 7 85 157 7 89 153 7 "i 79 162 2 82 159 8 i 79 161 7 "3 166 4 98 166 9 4 90 166 9 "3 109 157 8 '"4 96 168 98 166 9 96 168 9 59 1 72 59 2 1 72 59 2 1 72 59 2 1 71 60 69 61 2 58 70 2 95 2 64 136 96 82 4 64 136 96 82 4 6 "2 64 136 96 82 4 6 ■"2 76 136 84 82 64 139 96 78 4 7 58 123 99 83 4 5 '3' 82 2 144 117 141 3 114 144 3 .... 114 144 3 114 144 113 145 3 117 140 3 31 1 80 31 3 1 80 31 3 80 31 3 "i 80 31 80 31 3 .... 78 33 3 97 2 89 96 • 15 2 89 96 15 2 89 96 15 2 87 99 102 83 15 89 95 16 , 92 1 2 87 92 28 1 87 92 28 1 89 91 28 87 94 90 90 27 85 95 25 . . . . 108 44 108 23 2 44 108 23 2 44 108 23 "2 44 108 45 108 26 50 105 21 90 3 70 90 17 3 70 90 r 3 70 90 17 3 70 90 26 70 90 17 3 70 93 15 "3' 78 14 3 1 1 53 78 14 1 53 78 1. 1 54 78 13 1 53 78 53 78 14 53 78 14 102 126 103 3 1 126 103 3 1 126 103 3 1 126 103 126 103 3 131 94 3 36 2 4, i 5 2 1 1 2 3 "i 3 "i 2 119 72 36 90 2 3 119 i 72 36 90 i ... 119 72 36 90 2 4 i 119 72 36 90 119 73 36 89 4 141 78 14 85 2 3 90 1 107 102 139 135 122 150 81 100 50 83 99 111 86 108 5 85 108 5 87 107 5 87 107 85 109 78 111 1 '"7 7 10 9 14 5 2 '".3 5 11 78 102 Y 2 1 78 102 '"7 2 78 102 '"7 2 78 102 78 102 '7 76 105 6 103 139 7 1 103 139 7 1 103 139 7 1 103 130 103 138 8 103 139 7 128 53 135 121 10 10 1 2 128 .53 135 121 10 lU 1 128 135 10 1 128 135 128 135 "io 130 53 131 123 12 10 2 53 121 10 2 53 122 53 122 141 89 96. 65 97 87 90 149 81 100 50 83 99 112 14 5 2 " "3' .5 11 3 i 3 .... 2 .... 141 83 149 ■=1 1 p Z 1 ,S3 9U irj IJ :i I 11 3 1 3 1 2 143 89 90 65 07 87 9G 149 81 100 50 83 99 112 14 5 •2 1 ''"3 11 3 1 3 1 2 : ■■■ 138 1 90 94 05 97 87 96 1 156 1 80 98 50 83 99 111 i 112 47 4; 150 81 99 49 81 98 112 7,369 5,443 14 5 2 ■•■3 5 11 "i 142 88 96 63 97 87 . , 90 150 82 100 ,51 ! 83 99 112 14 5 i 3 5 11 1 1 316 520 117 1 .1 6,533 Acn 7,322 516 Olio 117 07 5 1 : 6,522 ! 8 ^m 7, 3^4 5jJ 191 lin : G G,578 78 1 2 i 8.056 7,278 ; 5. 570 ,518 190 116 84 4 2 1 6, 456 1 7.971 7,. 388 b7 5.652 19 6.,jH,5 8,103 505 193 20 20 6,-594 7,829 7,2.52 5,748 502 189 25 6 ss, 1891. 3HBBIIT. Foe Cousty Tbeabueee. Foe Acting ScPEEiNTESDEKT Fob Auditikg Supebinten- p„c trro.,.,^ „^ OP THE POOE. DEST OF THE PoOE. * °^ JUSTICE OF Sessions. Foe Coeosee — Second DiSIEICT. Fob Cobonee— THTTin Di8- TBICT. i s a 9 O a M 1 a a> c. a . 00 3 a 9 U ■V a 1 5; £ ti ■s a a s, S3 .a § J3 a 5 (XI i( 1 •0 § 3 a d 00 ei i i -1 c a, ■3 2 33 a a 73 u S. si m a c 1 S 5 i g 1 1 a 5 1 i 1 < : m s g < ii 5 H -2 a Z B 1 < a u a a g 1 a a 1 a S QQ 144 1 175 132 1 ....'' 164 144 ! 1 i 163 146 \ 163 145 1 .... 162 143 166 145 1 114 4 208 107 4 . . . . : 209 108 i 4 i 209 103 ' i \'.'.'.'. 209 108 4 .... 209 108 4 209 208 4 78 1 210 76 1 •■•■; 213 73 1 212 74 1 .... 212 74 1 .... 211 75 1 212 74 1 126 1 141 122 1 . . . . ' 143 i 111 1 . 134 121 1 134 121 1 ... 134 116 1 135 121 1 96 2 114 92 2 ..,.; 127 82 2 !. 116 93 2 116 93 2 .... 115 94 2 116 93 1 2 . . . . 206 6 187 202 5 1...: 186 206 5 . 182 210 10 181 210 6 .... 181 212 5 182 202 ' 2 . . . . 86 3 i 59 88 3 ; 62 86 ^ 3 . 60 88 3 !.... 59 89 3 .... 60 89 3 59 88 , 3 . . . • 112 5 108 115 5 ....! 106 115 i 5 . 105 119 5 ! . • . . 105 119 5 .... 106 119 5 106 119 5 • • . ■ 145 2 91 136 2 11 84 144 1 2 . 86 143 2 i.... 84 145 2 ....' 84 j 145 2 84 145 2 228 1 133 210 1 1... ; 126 217 ! 1 . 120 223 1 ;.... 120 223 1 .... 120 223 1 121 223 : 1 139 11 90 137 11 j....' S9 140 ; 11 . 88 141 11 1.... 88 141 11 .... 89 141 11 90 140 11 . . . . 210 9 94 197 9 i . . . . j 92 205 i 8 . 86 210 9 ;.... 87 210 9 . . . . 85 211 8 86 212 8 147 3 122 141 3 1....I 112 152 3 . 113 149 3 1-... 114 149 ' 3 ... 114 148 3 116 149 3 . . . . 128 5 100 118 ',....' 99 122 : 5 . 98 124 5 ; . . . . 98 124 h '....', 98 124 5 98 124 5 • • • ■ 97 5 81 91 5 ....j 84 87 1 5 . . . . i 75 92 5 ;.... 75 96 5L...! 75 95 5 76 96 5 145 11 204 139 11 . . . . ! 203 ; : 140 1 11 . 197 145 11 ;.... 198 145 11 [.... 197 145 11 198 145 11 148 6 100 153 6 . . . . 1 102 i 153 ! 4 . 94 1.59 3 !.... 97 160 6 !.... 94 160 6 94 160 6 . . . . 238 8 101 210 10 ....! 104 i 204 : 11 . 68 244 9 ;.... 69 245 9 !.... 68 245 9 68 245 9 124 3 88 108 3 . . . . ! 69 126 : 3 . 75 123 3 i ... 75 122 3 |....i 74 121 3 76 122 3 . . . . 67 4 179 37 4 ...J. 157 : 59 1 5 . 1.56 60 5 I.... 155 60 5 '....i 1.57 53 5 166 55 6 136 6 167 80 7 1 ....1 143 107 i 7 . 142 108 7 '<.... 142 107 7 : . . . . ; 142 100 4 149 99 8 . . . . 196 11 168 118 12 i .... i 101 185 i 13 . 99 187 13 I.... 99 187 13 ... . 99 ; 184 13 97 188 13 . . . . 69 3 175 28 3 : ....| 172 31 i 3 . 171 33 3 :...: 170 32 3 .... 171 32 ; 3 171 32 3 89 4 149 84 4 1 . . . . i 150 ■ 83 i 3 i. 145 87 4 .... 145 87 4 ... ; 146 86 : 4 145 86 4 92 1 191 89 1 i....| 190 : 90 : 1 i. 190 90 1 !.... 192 88 : 1 ....: 192 88 '■ 1 192 88 1 131 6 1.00 124 6 ;.. . 147 ■ 132 5 . 145 132 7 '.... 145 134 ' 5 .... 146 i 131 5 147 132 5 104 5 148 94 5|.... 145 1 96 : 5 . 145 97 5 .... 145 96 5 . . . . ■ 145 i 96 5 145 96 5 90 1 95 83 1 j . . . . ' 92 86 ; 1 . 93 86 1 .... 93 86 i 1 ,....1 92 ! 87 1 93 86 1 82 1 103 74 1 1 .... ; 105 76 i 1 . 104 77 1 |.... 104 77 i I .... 104 77 1 104 76 1 87 179 82 ....!....; 183 , 84 ! 182 85 172 77 ' ... 182 86 : .... 182 85 27 "3 229 24 3 1 .... i 229 i 24 j 3 . 2.30 23 "'3 '.'.'.'. 230 23 i 3 .... 230 23 i 3 230 23 "3 . . . . 40 151 104 40 78 .... . . . . : 160 j ....1 104 33 .... ! . 80 ! 1 i. . . 1.55 101 37 82 "i '..'.'. 155 101 36 82 155 1 101 37 : .... 81 : 1 155 101 36 81 .... 87 ...... 93 269 201 78 74 . . . . 1 272 . . . . 1 207 77 ....;. 70 1 '. 267 205 82 72 1 .... 267 205 82 ! 72 ....!....' 265 1 ....^ 205 81 j .... 70 1 1 267 208 80 70 1 77 i . . ■ . 65 1 266 47 1 ....' 265 U8 ! 1 '. 264 48 1 .... 264 48 1 .... 264 48 \ 1 264 48 1 44 1 216 43 1 ...:• 217 43 ^ 1 . 217 43 1 .... 217 43 1 .... 217 43 ; 1 216 44 1 108 8 105 106 8 1 .... ^ 104 107 : 8 . ... 1 100 110 8 .... 101 110 8 .... 101 110 8 101 110 8 . . . . 96 6 "1 238 87 7 232 93 i 5 . 233 93 6 .... 233 92 : 6 .... 233 93 : 6 232 93 6 . . . . 84 2 162 79 2 . . . . 159 83 j 2 . . . . i 161 82 2 .... 161 82 2 ....! 161 82 2 161 82 2 . . . . 162 3 171 156 3 . . . . 170 1.59 1 3 !. ... 1 167 162 3 167 162 3 . . . . 167 162 , 3 167 132 3 15 171 175 195 195 227 178 22 04 36 41 38 55 "2 . . . . ' 17+ ' _,lii i- 6/ ( .... 1 ...1 173 ...! 174 . . . j 196 ... 1 193 225 35 45 38 63 .... 173 173 196 193 226 171 16 67 35 ' 45 38 63 . ...; 172 , 174 1QA 17 1 .... 66 .35 ! .... 45 ; .... 38 ; 1 61 1 2 .... 173 173 196 199 .... 229 171 17 , 67 35 45 38 62 .... 2 75 35 196 193 224 171 35 43 38 61 '"i L 2 50 '"Viv: '.'.'.'.'.'.'.. 199 1 .... 223 2 .... 171 47 64 ""2 170 36 211 300 23 25 1 5 209 298 36 31 1 . 5 . 208 297 27 21 1 .... 5 .... 208 297 27 21 1 i....i 208 5 j.... 297 26 1 1 21 i 5 .... 1 210 ....| 299 25 27 1 50 •■•■4- 155 1 ] " ] 1 80 155 1 78 158 1 . 76 100 1 .... 76 160 1 i....^ 76 160 1 ....| 75 161 1 183 8 . . . . i 126 193 5 138 182 8 136 184 8 .... 135 185 8 .... 135 185 8 .... 136 184 8 30 1 ....[ 69 25 1 61 ' '33 1 65 20 1 .... 65 29 1 .... 65 29 ; 1 '....' 65 29 1 86 4 ' ...I 58 88 4 57 89 4 57 89 4 '.... 56 89 4 .... 57 89 4 !....: 57 89 4 193 14 4 126 198 14 "3' 123 200 i 16 i 2 124 200 15 i 2 124 199 15 I 3 124 199 15 3 124 199 15 **3 748 189 6 8,3.33 5,247 192 : 4 8,176 5,437 1 194 1 2 8,047 5, 572 202 ' 2 8,037 5,566 197 3 8,048 5,550 192 ' 3 8,092 5,530 194 3 118 9 1 . . . . 135 130 11 136 130 10 . 138 128 10 : . . . . 132 129 10 [....! 128 141 10 .... 133 126 10 71 9 . . . . i 56 72 9 53 ■75 9 . 53 74 10 .... 53 174 10 .... ! 53 74 10 !.... 53 74 10 92 10 89 94 11 89 93 11 . 89 94 11 ; . . . . 89 94 11 |....| 88 94 j 11 ... . 88 94 11 114 12 1 84 111 9 76 117 11 . 77 114 13 |.... 78 113 13 '....\ 78 113 13 .... 78 113 13 142 11 41 140 11 45 139 9 . 41 141 11 ;.... 41 141 11 ... 41 141 11 40 141 11 134 16 : 39 146 16 37 146 15 . 32 151 15 .... 32 1.53 16 ... 33 152 16 32 153 16 87 2 "i 121 88 2 122 87 : 2 . 122 87 ■2 i.... 122 87 2 122 87 2 121 88 2 34 74 59 32 63 '"e 80 63 26 ; 59 1 6 . 74 60 31 63 .... ! 1 5 .... 74 61 32 61 "e 72 60 32 61 "e "2' 73 48 33 74 "e 62 6 .... 166 4 189 169 5 216 140 i 4 . 178 176 5 1.... 177 177 5 177 177 5 177 177 5 • . . > 134 4 118 1.33 4 125 125 I 4 . '.'.'.\ 118 134 4 .... 119 132 4 117 134 4 117 114 4 92 154 199 93 79 '"2 155 198 91 1 .82 1 2 . 1.53 194 91 85 i . . . . 2 i.... 153 194 92 85 "2 153 193 92 85 '"'2 151 191 94 89 ■"2 85 ""2 143 4 246 153 4 275 123 1 . 247 150 2 |.... 247 150 •2 231 148 1 242 138 • •-• • 150 2 228 147 2 252 125 2 225 151 2 !.... 225 150 2 220 148 2 217 159 "2 . . . - 167 13 177 1.59 13 171 166 14 171 165 14 !.... 171 166 14 168 168 14 168 163 14 169 4 85 172 4 88 169 4 87 169 4 88 169 4 87 165 6 86 169 5 .... 80 15 40 80 15 41 79 i 15 . 41 79 15 40 80 15 43 75 17 40 80 15 .... 159 9 "g 131 1.51 8 122 159 ' 9 'e' 120 161 9 '"&' 122 159 9 "e 129 1.50 9 "s' 120 161 9 6 144 6 3 178 133 7 17:i 138 : 7 3 173 138 7 3 174 137 7 3 167 142 7 5 171 137 7 100 16 122 101 16 123 IfXJ : 16 122 101 16 121 101 16 123 100 15 120 102 15 92 5 217 92 5 215 92 5 217 91 5 217 91 5 215 94 215 92 .... 153 10 111 149 10 112 150 10 111 151 10 110 151 11 113 144 "12 109 149 ' 11 .... 71 8 194 73 8 193 74 8 193 74 6 193 74 7 202 60 8 190 73 8 .... 280 12 72 276 12 57 295 12 67 283 12 62 290 12 62 290 12 62 290 12 .... 179 10 78 176 12 66 189 12 75 180 12 75 180 12 74 180 12 74 180 12 .... 221 7 173 215 7 165 223 7 '5' 168 220 7 "5' 167 221 7 "5' 167 221 7 168 220 7 5 257 13 111 248 12 109 250 13 107 252 12 107 252 14 102 250 14 107 250 14 > . . • 227 20 149 221 20 146 222 20 14a 228 20 140 228 20 130 228 20 139 222 20 . . . • 154 9 161 149 9 1.56 156 9 160 151 9 160 151 9 160 151 9 159 152 . 9 .... 219 12 130 213 12 2 1 126 219 12 123 221 12 "i' 121 224 12 121 223 12 121 123 12 . . ■ ■ 161 12 128 161 12 .... 126 163 12 122 165 12 127 160 12 "2' 127 162 12' 127 162 12 .... 86 22 103 113 26 ...:■ 128 92 21 73 1.58 17 99 118 25 . . . • 104 112 26 104 112 26 161 7 91 1.50 7 2 200 49 1 83 159 7 i' 81 160 7 2 79 R9 7 77 162 7 "4 168 9 98 166 9 ....; 214 59 5 97 167 9 98 163 9 .... 96 166 9 96 170 9 .... 70 2 74 57 2 . . . . i 90 41 2 '.'.'.I 72 59 2 72 50 2 . . .. 71 60 2 60 71 2 .... 99 4 67 93 4 ...:■ 73 87 4 64 96 4 63 96 4 1 64 96 4 64 96 4 .... 83 5 159 55 6 . . . . : 143 75 6 136 81 6 136 82 6 136 92 6 151 65 7 . . . . / 140 3 114 143 3 ....| 108 149 3 115 143 3 114 143 3 102 138 3 114 143 3 33 3 80 31 3 80 31 3 ... 1 80 31 3 80 31 3 81 30 3 80 31 3 95 16 87 98 15 ....' 89 97 15 89 96 15 89 95 15 89 96 15 89 96 15 .... 95 25 86 94 27 . . . . ' 87 93 27 90 93 25 '.'.'.'. 88 93 27 89 92 26 . . . . 88 93 27 .... 105 21 45 107 24 46 107 23 56 100 20 .... 1 39 112 24 46 105 25 I 45 108 23 93 15 71 85 17 3 69 91 15 3 76 86 15 3 1 70 90 17 "3' 70 90 17 ; 3 70 90 17 "3 78 14 53 78 14 . . . . ; 55 76 14 . . . ! 59 72 14 .... 1 53 77 14 53 78 14 ;.... 53 78 14 94 3 131 97 3 ....' 116 112 3 ...; 124 104 3 .... 1 126 •103 3 .... 126 103 3 ;.... 125 104 3 14 2 119 36 2 . . . . : 115 38 2 2 118 35 2 2 i 119 35 2 119 35 ' 2 ; 1 119 i 35 2 I i 85 3 74 89 4 71 90 4 I 69 93 3 . . . . ; 72 90 4 72 90 ' 4 • . . . . 71 i 90 4 111 1 85 108 86 108 .... 86 108 86 108 84 108 ' 84 1 109 i. .-. . 105 6 78 101 '"7 77 104 5 72 108 "7 ....1 77 102 '"7 77 102 : 1 .... 77 102 ""7 j 139 7 105 136 7 . . . . i 102 140 7 103 139 7 '....I 10-3 139 1 7 '.'.'.. \ lul 138 ' 7 1 • • ' ■ 102 139 7 !.... 131 12 139 : 131 12 ....'' 133 130 10 129 135 10 ....: 128 ; 135 10 . , . . ' 133 131 10 1 . . . . 128 133 10 123 10 51 124 10 ....; 53 123 10 . . 51 123 11 ....1 53 123 10 .... 53 123 10 52 123 10 150 14 144 149 14 ....! 144 147 14 149 150 14 1.... 149 151 14 .... 138 150 14 146 154 14 .... 82 5 88 82 5 ....1 88 „._SJ ■ 5 ..:< 87 i 84 1 4 1.... 89 81 5 1 89 81 5 89 81 5 .... 100 2 1 96 101 J 1 2 1 105 91 .. 2 : 1 95 100 2 2 95 100 2 1 .15 j IW 2 2 92 105 2 51 6.5 50 66 49 ; .... 51 64 65 50 ' 65 50 ' 64 51 83 .3 1- .. 105 73 3 2 94 86 i 3 71 108 .... ..^. 97 83 1 3 .... 97 83 ^ 3 . . . 97 83 "3 '".'.'.'. 99 5 94 92 5 ..... 89 96 i 5 89 94 5 .... 87 i 98 i 5 ....: 87 98 . 5 . . . 87 : 98 5 ;.... 112 11 98 110 11 516 24 97 111 1 11 95 113 11 .... 96 101 1 11 .... 96 1 107 11 ... 96 112 11 1.... 252 502 25 6,675 i 7,168 6,920 6,958 : 491 : 20 6,4-7 7,399 498 25 i 6, .517 ' 7,322 519 24 : 6,485 7,285 519 31 6,457 i 7,376 514 25 748 189 6 8,. 333 5,247 192 4 8,176 5,437 1 194 ; 2 8,047 5 , 572 202 ; 2 8,037 1 5,506 197 3 \ 8,048 5,550 192 3 8,092 j 5,530 194 3 Eighth ward Ninth ward Tentii ward Eleventh ward... Twelfth ward . . . . Thirteenth ward . Lansingburgh Nassau N orth Greenbush . Petersburgh Pittstown Poestenkill Sandlake Schaghticoke Schodack Stephentown Total towns . Total city Total 8,049 5,569 96 6,541 8,049 14,590 196 7,312 I 505 5,569 I 196 12,881 701 93 217 ,070 10 5, 543 97 6,462 8,076 193 7,370 5,543 14,538 12,913 497 193 690 87 3,023 206 11/ 146 2 219 1 138 12 212 9 1.50 3 120 5 94 144 11 158 6 242 9 122 3 60 104 7 188 13 32 3 91 3 89 1 135 5 99 89 1 76 1 85 28 3 40 83 1 82 73 1 49 1 43 1 109 8 94 6 83 2 162 3 16 68 36 48 38 1 63 2 5,588 6,500 8,023 14,523 7,322 5,588 12,910 195 .512 201 723 u 2 1 1 2 3 4 2 2 5 1 1 1 1 2 1 i 2 5 1 1 2 2 2 3 i 2 1 1 •J 1 2 '2 3 1 206 8,072 93 197 90 6,534 8,072 14,606 7,316 5,537 12,853 520 197 717 Statement of votes given for Governor, Lieutenant-Gove General, State Engineer and Surveyor, Justice of the Suprei Acting Superintendent of the Poor, Auditing Superintenden Coroner third district, at the general election held Novembe is hereby certified to be correct. Franoib Bilet, Vhairman, Filed November 19, 1891. ieutenant-GoYernor, Secretary of State, Comptroller, State Treasurer, Attorney- ) of the Supreme Court, Senator sixteenth district. Sheriff, County Treasurer, Superintendent of the Poor, Justices of Sessions, Coroner second district and held November 3, 1891, having been examined by the board of county canvassers, CHAELES E. GEEENMAN, County Clerk and Secretary. STATE OF NEW YOEK : i r SS ' City or Teot, County op Eensselaee, Cleek's Office, j I hereby certify that I have compared the annexed copy tabulated state on the 19th day of November, 1891, and that the same is a correct transcript In testimony whereof I have hereunto set my hand and affij [l. s.] 1891. i 1 . 133 210 1 . 126 i 217 ' 1 ,...; 120 ; 223 ! 1 120 223 1 .... 120 223 1 . 121 223 1 . J9 11 . 90 137 11 . 89 : 14tJ 11 ,.... 88 : 141 1 il 88 141 11 .... 89 141 11 . 90 140 11 . 10 9 . 94 197 9 . 92 i 2 1 . 93 86 1 93 86 1 . . -1 92 87 1 93 86 1 82 1 103 74 1 1 105 : 76 ■ 1 . ... 1 104 77 1 104 77 1 104 77 1 104 76 1 87 179 82 • . ■! 183 ; 84 i ...1 182 1 85 172 77 .. 1 182 86 182 85 27 "3 229 24 '"3 229 ' 24 i "3 '. 1 . . .1 230 23 i "3 230 23 "3 . . . i 230 23 3 230 23 3 40 151 104 40 78 .... 160 i 104 i 33 I 80 1 ' i '. ... 155 101 37 82 "i 155 101 36 82 "i ::: 155 101 37 81 "i 155 101 36 81 "i 87 "i" 93 269 201 78 74 i 272 ; 207 \ 77 1 70 : i '. 267 205 82 72 i .... 267 205 82 72 .... — i ...j 265 205 81 70 "i :::: 267 208 80 70 "1 77 i 65 1 266 47 1 265 48 : 1 ':. '.'.'.I 264 1 48 1 .... 264 48 1 . . . , 264 48 ! 1 264 48 1 44 1 216 43 1 ....' 217 43 ' 1 .... 217 43 1 .... 217 43 1 . . .i 217 43 i 1 216 44 1 08 8 105 106 8 ! . . . . ^ 1U4 107 8 ....1 100 110 8 ;.... 101 110 8 ....' 101 110 8 101 110 8 96 6 i 238 87 7 .... 232 93 5 .... 233 93 ' 6 1.... 233 92 6 . . . . ! 233 93 6 232 93 ' 6 84 2 162 79 2 1-50 83 2 161 82 2 .... 161 82 2 ....| 161 82 2 161 82 2 62 3 i 171 1.56 3 170 ir,9 3 .... 167 162 i 3 167 162 3 ...! 167 ' 162 3 167 ^??l 3 15 171 175 195 195 227 178 22 64 36 41 38 55 ••'2 ;;;;i IJ'^ - 174 196 193 224 171 . 13_. fii 3.5 43 38 61 : .......... 173 ; 17 i 66 i 35 45 : 38 ! 63 { 173 173 196 193 226 171 16 67 35 45 38 63 .... ....; 172 . 174 196 17 i ec •JO 45 38 01 "1 2 — 1 173 17 1 67 i 35 45 : 38 62 .... 2 75 174 ' 196 173 196 199 229 171 35 50 '.'..'. '.'.'.'. 193 1 .... 225 2 ... 170 . 2 1... '.'.'.'..... 199 1 .... 223 2 .... 171 . . . . 47 64 ""2 36 211 23 25 1 5 .... 209 298 36 \ 31 , 1 ....; 908 27 21 1 ... 5 .... 208 297 27 21 1 208 5 .... 297 28 21 1 5 210 . . . . 299 25 : 27 1 5 . . . . 50 "'l' '.'.".' 300 5 .... 1 297 55 1 '.'.'.'. 80 155 1 78 158 i 1 ....1 76 i 160 1 .... 76 160 1 ....! 76 , 160 1 ....1 75 161 i 1 83 8 126 193 5 138 : 182 8 ....| 136 1 184 8 i.... 135 185 8 ....! 135 ' 185 8 :....! 136 184 8 30 1 69 25 1 61 1 '33 ; 1 i....\ 65 20 1 .... 65 29 1 .... i 65 1 29 1 j....f 65 29 1 86 4 ' 58 88 4 57 ' 89 4 .... 57 89 4 56 89 4 ....' 57 ' 89 4 57 89 4 193 14 1 4 126 198 14 "3' 123 : 200 le 2 124 200 15 "2 124 199 15 j 3 ; 124 199 15 '3 124 199 15 3 ('48 189 6 8,333 5,247 192 4 8,176 5,437 194 2 ; 8,047 138 5,572 202 2 8,037 5,566 197 3 8,048 5,550 1 192 3 8,092 5,530 194 3 118 9 135 130 11 i 1.36 1 |130 i 10 1 128 10 !.... 132 129 10 128 141 10 133 126 10 71 9 56 72 9 53 ' f75 ! 9 i... 1 53 74 10 !.... 53 174 10 53 74 10 53 74 10 92 10 89 94 11 . A 89 1 i93 i 11 1 89 94 11 89 94 11 88 94 11 88 94 11 114 12 84 111 9 76 1 an 11 i 77 114 13 • • • S 78 113 13 ....! 78 113 13 78 113 13 142 11 !.... 41 140 11 45 ': 139 9 41 141 11 41 141 11 |... 41 141 11 40 141 11 134 16 .... 39 146 16 37 146 15 1 ;;:: 32 151 15 |.... 32 1.53 16 \... 33 152 16 32 153 16 87 2 1 121 88 2 122 i i 87 1 2 i 122 87 •2 i.... 122 87 2 .... 122 87 2 121 88 2 . .. . 34 74 59 32 63 "g 80 i 63 !26 1 1 59 1 "e 74 60 31 63 .... ! 1 5 .... 74 61 32 61 "g '.'.'.'. 72 60 32 61 "e "2 73 48 33 74 "6 62 .... . 166 4 189 169 5 216 i 4 178 176 5 .... 177 177 5 .... 177 177 5 177 177 5 134 4 118 133 4 12.5 ' fes 4 118 134 4 :.... 119 132 4 1.... 117 134 4 .... 117 114 4 92 154 199 93 79 "2 1.55 - 198 ' Ml \82 ""2 153 194 91 85 "2 153 194 92 85 1 '"2 i'.'.. 153 193 92 85 .... |. . . 151 191 94 89 "2 85 ""■2 2 143 4 246 153 4 273 ; fl23 1 247 150 2 247 150 •2 i.... 231 148 1 242 138 150 2 228 147 2 252 S 125 2 225 151 2 225 150 2 220 148 2 217 159 2 167 13 177 159 13 171 ! il66 : 14 171 165 14 .... 171 166 14 168 168 14 168 163 14 169 4 85 172 4 88 , 1169 4 87 169 4 88 169 4 87 165 6 86 169 5 80 40 80 15 41 : ' 79 15 41 79 15 40 80 15 43 75 17 40 80 15 159 9 6 131 151 8 'e' 122 ; 159 9 "e' 120 161 9 "g 122 159 9 "6 129 1.50 9 8 120 161 9 6 144 6 3 178 133 7 3 173 1 138 7 3 173 138 7 3 174 137 7 3 167 142 7 5 171 137 7 100 16 122 101 16 123 1 100 16 122 101 16 121 101 16 .... 123 100 15 120 102 15 92 5 217 92 5 215 \ 92 5 217 91 5 217 91 5 215 94 215 92 153 10 111 149 10 112 150 10 111 151 10 . . . . 110 151 11 113 144 "12 109 149 11 71 8 194 73 8 193 ; 74 8 193 74 6 1 193 74 7 ■ 202 60 8 190 73 8 280 12 72 276 12 57 i 295 12 67 283 12 62 290 12 62 290 12 62 290 12 179 10 78 176 12 66 I 189 12 75 180 12 75 180 12 ! . . . . 74 180 12 74 180 12 221 7 5 173 215 7 "5 165 ' 223 7 "5' 168 220 7 "5' 167 221 7 1 5 167 221 7 5 168 220 7 5 257 13 111 248 12 109 i 250 13 107 252 12 107 252 14 102 250 14 107 250 14 227 20 149 221 20 146 1 222 20 140- 228 20 140 228 20 130 228 20 139 222 20 154 9 161 149 9 1.56 i 156 9 160 151 9 .... 160 151 9 160 151 9 159 152 9 219 12 130 213 12 '2 126 i 219 12 123 221 12 121 224 12 i 121 223 12 121 123 12 161 12 128 161 12 ' 126 ' 163 12 122 165 12 . .'. . 127 160 12 1 2 127 162 12 127 162 12 86 22 103 113 26 '.'.'.'. 128 92 21 73 1.58 17 99 118 25 j.... 104 112 26 104 112 26 161 7 3 91 150 7 2 200 49 1 83 1.59 7 i' 81 160 7 i 2 79 K9 7 5 77 162 7 4 168 9 98 166 9 .... 214 : 59 5 97 167 9 98 163 9 96 166 9 96 170 9 70 2 74 57 2 . . . . ' 90 41 2 72 59 2 72 .50 2 j 1 71 60 2 60 71 2 99 i 3 67 93 4 ...:' 73 87 4 64 96 4 63 96 4 ■ 1 64 96 4 64 96 4 83 5 159 ! 55 6 .... 143 75 6 136 81 6 136 82 6 .... 136 92 6 151 65 7 , 140 3 114 143 3 .... 1 108 149 3 115 143 3 114 143 3 .... 102 138 3 114 143 3 33 3 80 31 3 80 31 3 1 80 31 3 80 31 3 .... 81 30 3 80 31 3 95 16 87 98 15 89 97 15 89 96 15 . . > 89 95 15 ... 89 96 15 89 96 15 95 25 86 94 27 . . . . ^ 87 93 27 90 93 25 88 93 27 [. . . . 89 92 26 88 93 27 105 93 21 45 107 24 .... 46 107 23 56 100 20 39 112 24 46 105 25 45 108 23 15 3 71 85 17 3 '■ 69 91 15 '3 76 86 15 "3 70 90 17 "3' 70 90 17 3 70 90 17 3 78 94 14 85 HI 105 139 131 123 150 82 14 53 78 14 55 76 14 59 72 14 53 77 14 53 78 14 53 78 14 3 131 97 3 ....1 116 112 3 124 104 3 126 «103 3 126 103 3 125 104 3 .... 2 119 36 2 ....! 115 38 2 "2 118 " 35 2 "2 119 35 2 119 35 2 1 119 35 2 3 74 89 4 .; 71 90 4 69 93 ! 3 72 90 4 72 90 4 71 90 4 1 6 7 85 78 105 108 101 ! 136 "7 7 86 77 102 108 104 140 "'5 7 86 1 72 .! 103 108 108 139 "7 7 .i 86 77 103 I 108 ! 102 i 139 "7 7 84 77 104 108 102 138 1 '"7 1 7 84 77 102 109 1 102 1 139 ■■'7 7 12 139 131 12 133 130 10 . 1 129 135 10 ... .; 128 i 135 10 '.'.'..' 133 131 10 128 : 133 10 10 :. . . . IC 5] 1 124 10 ... 53 123 10 .^ 51 123 11 ... .1 53 123 10 . . . . ; 53 123 10 !. . . 52 ■ 123 14 144 1 ■M.ti-M. 1 149 14 ... 144 147 14 '.!..! 149 150 14 |... 149 151 14 ....\ 138 150 14 146 i lb4 14 .... .5 Rf 1 1 82 5 ... 88 i^ 81 5 . . . . i 87 ! 84 1 4 1... 89 81 5 .„.L 89 81 5 89 i _81 5 j 100 ■2 ' 1 i 9f 100 2 ! 1 105 : 91 2 1 95 100 2 2 95 100 ; 2 1 95 100 2 Z 9-^ lU.D 2 .... 83 1 f,.- 50 .... 66 1 49 '....'.... 51 64 65 50 ; i - 65 50 t)4 01 3 10.^ 73 3 2 \ 91 86 3 ;.... 71 108 '3 1 ! 97 83 ; 3 .... 97 83 "3 ... 97 ' 83 3 ■.... 99 112 94 92 5 .i 89 96 i 5 |.... 89 94 5 ....i 87 98 1 5'... 87 98 5 . . . 87 : 98 5 1 11 di 110 11 ... .1 97 111 1 11 1 !....' 95 1 113 11 ....: 96 i 101 11 ... 96 107 ! 11 ■•• 96 112 11 1 252 502 25 6,67.= ) 7,168 516 21 : 6,920 6,958 i 491 20 : 6,477 7,399 498 , 25 ! 6,517 7,322 519 i 24 6,485 7,285 519 1 31 6,457 ( 7,376 514 t 25 '748 189 6 8,33t i 5,247 192 4 j 8,176 5,437 194 2 ; 8,047 1 5,572 : 202 2 8,037 5,566 197 3 8,048 5,55C 192 3 8,092 1 5,53C 194 L 3 ,000 691 31 15,005 i 12,415 708 28 ' 15,105 1 12, 395 685 22 14,. 521 i 12,971 1 70C 27 14,554 [ 12,888 716 i 27 1 14,533 12,835 711 S4 14,54! ) 12,90e 60! i 28 7 tabulated statement with the original thereof filed in this office jrrect transcript therefrom and of the whole of said original, ly hand and affixed my official seal this 24th day of November, C. E. GREENM\N, Cleric. TEOy. First, warrl. , . , Second ward Third ward . . , Fourth ward , Seventh El^th ward. Ninth ward . T' iyi ward . , Elerenth ward Total OFFICIAL CANVASS FOR MEMBERS OF ASS FIRST ASSEMBLY DISTRICT. Foe Member of Assembly — First Disteict. 154 189 189 iii 138 "99 82 125 99 79 110 96 105 155 123 94 "n 155 185 102 70 119 164 200 180 96 188 124 122 169 156 148 130 97 "% 252 142 214 127 210 145 124 129 127 152 148 105 188 113 71 Hi 127 113 117 82 134 117 204 27 94 "si 4,172 3,825 4 5 11 10 8 9 4 2 1 3 i i "1 11 7 95 3 117 137 SECOND ASSEMBLY DISTRICT. TOWNS. a 47 146 100 127 89 112 192 137 ! 193 386 127 146 146 Brunswick , Grafton Hoosiclc Lansingburgh 10 Total. Statement of votes cast for Members of Assembly at the general election held November 3, 1891, having been examined by the board of county canvassers, is hereby certified to be correct. Filed November 19, 1891. CHARLES E. GREENMAN, County Gkrk and Secretary. Fkanois Rilet, Chairman. Foe Member of Assembly— Second Disteict. Petersburgh . . . Pittstown Schaghticoke . . Fifth ward Thirteenth ward 1 2 3 4 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 1 2 1 2 3 4 5 1 2 3 ^1 3 ; 4 5 1 2 3 4 5 90 79 40 32 180 175 82 40 122 163 116 211 105 184 62 76 168 107 140 159 122 133 85 89 89 44 69 53 101 127 54 74 198 94 74 75 76 131 64 57 126 93 112 142 153 172 176 80 158 150 107 J2 O « 86 288 180 219 252 228 152 224 121 25 96 90 199 224 185 4,247 4,317 11 13 11 16 4 13 3 15 9 5 16 3 10 5 13 11 7 13 20 9 12 3 3 15 26 23 17 14 7 io 5 11 6 3 1 8 1 4 15 391 26 781 95 144 160 158 "29 194 ^ 180 100 158 91 438 122 89 302 Berlii East ( Nassa North Poest< Sandli Schod Steph( Green Sixth Tweir Tc STATl: OF NEW YORK : City op Teoy, Couh ty of Rensselaee, Cle I hereby certify that I have compi ment with tke origjinal thereof filed in 1891, and that the same is a correct tran original. In testimon*^ whereof, I have here [l. s.] seal thil 24th day of Novem R MEMBERS OF ASSEMBLY. ASSEMBLY DISTRICT. Fob Mestbek or Assembly — Second Distbict. ^ *s ^ fl a « ^ 1 2 3 4 i 2 3 4 i 5 6 7 8 9 1 2 3 i 4 5 6 ( 7 t 1 2 i 1 2 1 3 i * ! 5 1 2 3 1 2 3 4 i! 2 3 4 i o I o 90 79 40 32 180 175 82 40 122 163 116 211 105 184 62 76 168 107 140 159 122 133 85 89 89 44 69 53 101 127 54 74 198 94 : 74 I 75 I 76 ! 131 : C4 I 57 I 126 i 93 112 142 153 172 176 80 158 150 107 86 288 180 219 252 228 152 224 121 25 96 90 199 224 185 =3 o 11 13 11 16 4 13 3 15 9 5 16 3 10 5 13 11 7 13 20 9 12 3 3 15 26 23 17 14 7 io 5 11 6 "3 1 8 1 4 15 4,247 I 4,317 | 391 7 i !• 3 i I 26 95 144 160 158 '29 i94 i4 180 100 158 91 438 122 89 302 THIRD ASSEMBLY DISTRICT. TOWNS. Berlin East Greenbush Nassau North Greenbush. Poestenkill Sandlake. . . Schodack Stephentown . Greenbush . . . Sixth ward. Twelfth ward. Total . Fob Membbe or Assmblt— Thied Distbict. o 229 98 122 63 161 186 152 187 209 4,139 a 444 54 132 71 56 127 102 81 98 65 62 135 126 116 72 81 77 142 88 99 59 96 87 96 117 161 188 119 73 77 31 64 162 112 157 1G5 61 81 78 102 39 89 39 3) I -t-> 150 81 j 94 ! 53 : 84 99 i 111 i 131 1 86 i 88 ! 155 148 108 112 192 39 80 76 43 119 3,571 10 10 2 1 6 12 19 10 3 2 4 "7 14 5 2 "3 5 11 15 19 I 39 ! 4 I 3 j 4 1 5 260 d O 13 244 244 101 101 STAT]p OF NEW YOEK : ) City of Trot, Cou^-Ity of Eensselaee, Clerk's Office. ) I hereby certffy that I have compared the annexed copy tabulated state- ment with t^e orid inal thereof filed in this office on the 19th day of November, 1891, and that the eame is a correct transcript therefrom and of the whole of said original. In testimony whereof, I have hereunto set my hand and affixed my official [l. s.] seal tiii* 24th day of November, 1891. C. E. GREENMAN, Clerk. A P P E N D I OFFICIAL SI Of the Votes taken at a General Election held in Wasi Argyle Argyle Cambridge . . . Cambridge . . . Dresden Easton Easton Fort Ann Fort Ann Fort Ann Fort Ann Fort Edward . Fort Edward . Fort Edward . Fort Edward . Fort Edward . Granville Granville Granville Granville Granville Granville Greenwich . . . Greenwich . . . Greenwich . . . Greenwich . . . Hampton . . . Hartford Hartford Hebron Hebron Hebron , Jackson Kingsbury . . . Kingsbury . . . Kingsbury . . . Kingsbury . . Kingsbury . . Putnam , Salem Salem Salem White Creek White Creek WhitehaU... Whitehall . . . Whitehall . . . Whitehall . . . Whitehall ... TOWNS. Fob Govebnob. 49 "^ 278 2.56 286 255 129 281 279 118 321 HI 100 295 191 102 273 220 186 260 134 296 176 89 304 219 212 265 i 150 123 270 I 213 139 127 266 238 ! 205 202 241 237 124 258 204 256 402 244 192 280 189 270 239 10,714 202 176 176 136 79 171 181 102 184 70 52 150 97 71 152 110 90 154 86 129 99 49 184 146 131 170 71 102 186 138 84 50 178 154 123 117 170 154 88 152 127 144 272 119 89 113 107 l»j 112 6,332 59 68 94 111 41 81 88 14 128 37 47 128 87 26 117 99 89 81 31 146 68 34 99 64 68 79 I 70 ' 17 74 64 i 46 74 71 71 68 77 63 66 23 96 68 113 115 119 94 155 75 117 112 3,832 16 10 18 7 6 31 10 1 6 3 1 12 5 5 3 5 7 25 16 18 8 5 19 6 8 10 9 1 7 10 7 3 14 11 9 8 7 13 12 7 8 5 12 5 7 12 2 6 12 447 95 Fob Lieutbnant-Goveenob. .a 278 256 286 255 129 283 278 117 321 111 99 295 191 101 273 220 187 260 134 297 176 89 304 219 212 265 150 123 270 213 139 1-.S6 266 238 205 202 241 235 124 255 205 265 402 243 192 278 190 270 239 10, 708 a 205 181 167 133 79 173 181 101 187 69 53 147 98 70 156 112 90 154 86 130 100 49 185 146 129 172 71 101 185 138 84 51 177 153 122 119 167 155 89 156 131 143 275 120 92 119 112 147 116 6,376 .a pel a ^ 57 ^ 112 41 80 86 14 125 38 45 131 85 25 112 99 89 81 30 146 68 34 98 63 70 76 71 18 75 64 45 72 71 72 70 75 66 66 22 90 65 114 113 117 91 147 70 113 109 3,781 16 10 18 9 . 6 29 H 1 6 3 1 11 6 7 3 5 8 25 17 18 7 5 19 6 8 11 8 1 7 10 7 3 15 11 9 8 7 13 12 6 8 5 11 ■ 5 7 12 3 6 11 451 93 Foe Secebtabt of State. o .a 278 256 286 255 129 283 278 118 321 111 100 295 191 102 273 220 187 260 134 297 176 89 303 219 212 265 150 123 270 213 140 127 266 238 205 202 241 234 124 258 205 265 402 243 192 280 190 270 239 10,715 b H 204 180 168 133 79 173 180 102 183 71 52 148 100 69 153 110 90 154 85 129 99 49 182 145 129 170 71 100 186 138 84 51 176 153 122 119 170 155 88 158 129 145 271 118 90 115 108 143 112 6,339 59 S4 97 112 11 80 86 14 129 36 47 MO 83 26 115 101 89 81 31 147 68 34 99 65 70 77 70 19 74 64 46 73 73 72 70 75 63 65 22 91 67 112 115 119 93 151 75 117 113 3,820 o CQ J3 15 10 17 9 6 29 12 1 6 3 1 12 6 7 3 .5 8 25 17 18 8 5 20 6 8 12 9 1 7 10 7 3 15 11 9 8 7 13 13 6 8 5 13 5 7 14 2 6 H 459 93 Fob Cosrpa o 278 256 286 255 129 28 1 278 118 321 111 111(1 295 191 102 273 220 187 260 134 297 176 89 304 219 212 265 150 123 270 213 140 127 266 238 205 202 241 234 124 253 205 265 402 244 192 280 189 270 239 10,716 3 J3 204 [ J80 I 168 133 79 173 ' 180 1112 i 182 \ 71 52 149 97 70 1.52 111 90 154 85 129 99 49 183 145 128 171 70 101 186 138 84 51 176 153 122 117 169 153 88 154 129 143 271 120 90 114 107 143 111 0, a a o 6,327 3,834 Fob Senatoe. Foe Sheeiff. Foe County Cleek. Fob Supeeintendent of the Pooe. TOWNS. 03 ID 1 "o 6 • d (tt "o u 1 § a ■0 a to a 1 d a i a « n a} a a ja 2 % < CD a a M a d n CD 1 > 6 © SI CD a 1 •o a "i d a .a aa £ a fl IS a 3 i-t ti a a K a si 1^ ■6 » CD tc! a ja a 5 CD CD > d Argyle 278 253 282 254 125 282 278 117 318 111 100 295 191 102 273 220 186 260 133 294 175 88 302 219 212 265 150 120 267 212 137 127 266 236 205 202 236 204 179 169 134 75 173 180 102 184 69 53 157 93 72 153 118 82 153 84 128 99 49 182 147 128 171 71 102 189 157 84 53 178 163 128 123 199 58 64 95 112 46 80 86 14 128 38 46 122 89 25 115 95 96 82 32 148 68 34 98 62 . 72 78 71 17 71 46 46 71 72 62 67 69 37 48 15 10 18 8 4 29 12 1 6 3 1 8 6 5 3 3 8 25 17 18 8 5 22 6 8 10 8 1 7 9 9 3 14 11 5 7 11 1 278 246 281 253 126 282 278 116 317 111 100 295 191 102 273 220 186 260 131 293 172 88 299 219 212 265 1.50 120 264 208 138 125 266 236 205 202 240 119 113 146 145 79 170 161 101 183 75 51 147 101 69 146 104 145 164 79 146 96 49 167 109 113 146 75 83 170- 68 77 48 162 150 113 115 168 iqs , 145 123 120 100 42 80 106 14 128 32 48 131 82 26 121 107 33 71 35 130 66 34 115 99 85 99 67 36 86 133 56 74 91 75 79 78 66 S9. 8 10 15 8 5 32 9 1 6 3 1 12 6 7 4 5 8 24 16 17 8 5 17 7 8 12 8 1 8 7 5 3 11 11 9 9 6 IS 6 278 251 282 254 126 282 278 117 318 111 100 295 191 102 273 220 187 260 133 294 174'' 88 302 219 212 265 150 120 267 212 137 127 266 236 205 202 240 210 181 169 133 80 173 180 102 190 77 54 149 99 70 153 110 91 154 85 129 98 49 184 144 128 171 71 98 174 133 84 51 177 154 122 120 170 52 59 96 112 41 80 86 14 122 30 45 129 85 25 115 101 88 81 31 147 68 34 95 65 71 77 70 21 86 69 46 73 72 72 71 74 63 15 11 17 9 5 29 12 1 6 3 1 12 5 7 3 5 8 25 17 18 8 5 23 6 8 11 9 1 7 10 7 3 15 10 9 8 7 1 278 255 283 254 126 282 . 278 117 318 111 100 295 191 102 273 220 187 260 133 294 174 88 302 219 212 265 150 ; 120 267 212 137 • 126 266 : 236 205 , 202 240 203 180 171 135 79 173 179 102 182 71 52 149 97 69 148 111 92 154 85 129 98 49 184 144 128 172 71 101 185 138 84 51 191 153 122 117 169 60 65 96 110 41 80 85 14 130 36 47 129 86 25 119 100 87 81 31 146 68 34 95 64 70 76 70 18 74 64 46 72 58 72 71 77 64 14 10 16 9 6 29 13 1 6 3 1 12 6 8 3 5 8 25 17 19 8 5 23 6 8 11 9 1 8 10 7 3 15 11 9 8 7 1 Argyle Cambridge Cambridge 83 76 84 73 37 Dresden • * * - Easton .... . . . . . . . . Easton Fort Ann 84 83 34 Fort Ann Fort Ann Fort Ann "l' "1' "i" .... 95 33 30 Fort Edward 8 3 "2 4 5 2 .... 5 2 "4 2 Fort Edward Fort Edward 30 Fort Edward 2 4 .... 2 4 "3 4 Fort Edward Granville Granville Granville 66 56 78 Granville Granville Granville .... 39 88 52 26 Greenwich "4' 4 5 "4' 6 7 "i" "4' 5 5 90 Greenwich 5 Bi Greenwich 1 '6 5 Bv 1 Hampton 7£ Hartford 4£ 3( 8( Hartford .... Hebron — Hebron 6; Hebron . • . . 4] Jackson 2 2 "2 "2' '3' 3i Kingsbury Kingsbury 5 3 4 ■3' 7( Kingsbury 6 & 7 Kingsbury TTinD-shnrv 233 174 1 D I X B. STATEMENT V^ashington County, on the 3d day of November, 1891. Fob Comptkollbb. s. a a O M a g3 59 61 97 112 41 80 86 14 ViO 36 47 129 86 25 116 lUO 89 81 31 147 68 34 90 65 71 77 70 18 74 64 46 73 73 72 70 77 64 67 22 95 67 114 115 118 93 152 75 117 114 3,834 a CZ3 & 15 10 I 9 I 6 i 29 ' 12 1 I 6 i 3 ! 1 i 12 i 6 7 3 25 17 18 8 5 20 6 8 11 9 1 7 10 7 3 15 11 9 8 7 13 13 6 8 5 13 5 7 14 2 6 11 458 1 3 1 1 2 2 5 5 i 1 92 o ^ 278 256 286 255 129 283 278 118 321 111 100 295 191 102 273 220 187 260 134 297 176 89 304 219 212 265 150 123 270 213 140 127 266 238 205 202 241 234 124 258 205 265 402 244 192 280 191 270 239 10,718 Foe Tbeasueeb. a 204 180 168 133 79 • 173 I 180 102 ' 182 71 I 52 150 I 96 I 70 i 152 ; 11! 90 154 ; 85 [ 129 100 j 49 I 183 145 129 171 71 101 186 138 84 51 176 153 122 118 169 153 88 155 129 140 271 120 90 116 108 143 110 6,330 •d ,q C3 P m V a a w la 59 15 64 10 97 17 112 , 9 41 ' 6 80 29 86 12 14 1 130 6 36 3 47 1 129 11 87 6 25 7 116 3 lOii 5 89 8 81 25 31 17 147 18 68 7 34 5 99 65 70 77 70 18 74 64 46 73 73 72 70 76 64 67 22 94 67 117 115 118 93 150 76 117 115 20 6 8 11 9 1 7 10 7 3 15 11 9 8 7 13 13 6 8 5 13 5 7 13 2 6 11 3,835 I 456 93 Fob ATTOENEY-GENKBAIi. o is £ SI 278 256 286 255 129 283 278 118 321 111 100 295 191 102 273 2211 187 260 134 297 175 89 31 »4 219 212 265 150 123 270 213 140 127 266 238 205 202 241 234 124 258 205 265 401 244 192 280 191 270 239 10,716 * Fob bTATE Enoineeb and Subtetob. -«1 a a o a 204 180 168 133 79 173 180 102 182 71 I 52 ; 148 98 i 70 151 111 '.lO 152 85 ; 129 98 49 182 145 128 171 71 101 186 138 84 51 176 153 122 115 171 153 88 155 129 142 271 120 89 114 108 143 110 6,321 59 64 97 112 41 811 36 14 130 36 47 130 85 25 117 lOii 8!) 83 31 147 H8 34 100 65 71 77 70 18 74 64 46 73 73 72 70 79 62 67 22 94 67 115 114 118 94 152 76 118 115 o o 00 c9 O 3,841 15 10 17 9 6 29 1-2 1 6 3 1 12 6 7 3 5 8 25 17 18 8 5 20 6 8 11 9 1 7 10 7 3 15 11 7 13 13 6 8 5 13 5 7 14 5 6 11 458 92 1 & 278 256 2^6 255 129 283 278 118 321 111 100 295 191 102 27- i 220 187 26) 134 297 176 89 304 219 212 265 150 123 270 213 140 127 266 238 205 202 241 235 124 258 205 265 402 244 192 280 191 270 239 10,719 o 202 IHO 168 132 79 173 178 ; 102 : 182 : 71 ; ■52 i 148 97 ! 70 ■ 152 111 9(1 151 81 129 99 49 177 143 128 170 71 101 I 186 138 84 51 176 153 122 117 169 154 88 155 129 145 271 120 90 113 107 138 108 6,317 S 61 64 97 113 41 80 88 14 130 :i6 47 130 87 25 116 If 11 1 89 81 31 147 ■6s 34 105 67 71 78 70 18 74 64 46 73 73 72 70 77 64 67 22 94 67 112 115 118 93 153 77 122 117 3,848 cu 15 10 17 9 6 29 12 1 B 3 1 12 5 7 3 H 2") 17 18 8 5 20 6 8 11 9 3 7 10 7 3 15 11 9 8 7 13 13 6 8 5 13 5 7 14 2 6 11 459 91 Fob JtJsnoK op Supbeme Coubt. o XI 541 488 530 487 240 506 531 236 624 218 198 551O 365 190 537 44" 354 470 234 552 334 166 564 438 411 530 282 238 534 202 260 248 315 452 386 397 466 392 220 496 387 514 771 477 367 529 368 522 450 20,047 3 263 244 265 243 120 253 265 118 ;il2 107 99 278 174 95 266 211 177 235 117 276 IK7 83 282 209 199 248 141 119 267 138 130 124 149 226 193 195 233 196 110 248 193 257 386 239 175 265 184 261 225 9,960 o 4-1 ED a S S 263 244 265 243 120 253 266 118 312 l(i7 99 278 174 95 266 21; 177 2 5 117 276 167 81 281 209 199 248 141 119 267 64 130 124 14^ 226 193 195 233 196 110 247 194 257 385 238 175 264 184 261 225 9,883 15 34 17 20 13 32 17 17 199 Foe C0EONEB8. Fob Justice of Sessions. Foe Membbe op Assembly— Fiest Distbict. Foe Mktvtbee op Assembly— Second Distbict. J4 § 5 (B > 6 a a m ■a a a s a 00 s a H u a 3 1 t4 fa u 0) Q. y s a XI ■a a a> a < M d 2 6 a « a a a ja ■-5 J g t-H 2 % -5 '6 1 to a 5 a an ti m 2 a n QD d » .a g CD a 1 00 a i d a d fa 3 a £ "S W ■si •g S 2 QD a S 2 % M ■< a 7 > i ■3 S3 2 1 1 . 1 1 6 3 .... 3 1 1 1';^ 5 1 6 1 7 3 2 5 3 i 25 17 18 8 5 30 6 8 11 9 1 7 10 7 3 15 11 9 8 7 13 13 6 8 5 13 5 7 14 5 6 11 458 92 256 2x6 255 129 283 278 118 321 111 100 295 191 102 27 t 2 JO 187 26 1 134 297 176 89 304 219 212 26 i l.'jO 123 270 213 140 127 266 238 205 202 241 235 124 258 205 265 402 244 192 280 191 270 239 10,719 180 168 132 79 173 178 102 182 71 52 148 97 7o 152 111 90 154 8") 129 99 49 177 143 128 170 71 101 186 138 84 51 176 153 122 117 169 154 88 155 129 145 271 120 90 113 107 138 108 6,317 64 97 113 41 80 88 14 130 :i6 47 130 87 25 116 10(1 89 81 31 147 ■6h 34 105 67 71 78 70 18 74 64 46 73 73 72 70 77 64 67 22 94 67 112 115 118 93 153 77 122 117 3,848 10 17 9 6 29 12 1 6 3 1 12 5 7 3 8 2") 17 18 8 5 20 6 8 11 9 3 7 10 7 3 15 11 9 8 7 13 13 6 8 5 13 5 7 14 2 6 11 459 2 4 1 3 1 1 3 1 5 I 1 91 488 530 487 240 506 531 236 624 218 198 5^0 365 )90 537 44. p 354 470 234 552 334 166 564 438 411 530 282 i 238 i 534 ' 202 260 248 315 452 386 397 466 392 220 496 387 514 771 477 367 529 368 522 450 20,047 244 265 243 120 253 265 118 312 107 99 278 174 95 266 211 177 •235 117 276 167 83 282 209 199 248 141 119 267 138 130 124 149 226 193 195 233 196 110 248 193 257 386 239 175 265 184 261 225 9,960 244 %5 •H3 1 V'O 953 266 118 3H 1o7 4 99 278 174 95 34 17 266 21; 177 5 1- 2 5 117 276 167 8.i 281 209 199 248 141 119 267 64 130 124 14VJ 226 193 195 233 196 110 247 194 257 385 238 175 264 184 261 225 9,883 20 13 32 17 17 199 Foe Cokonees. Fob Justice of Sessions. Fob Membee op Assembly— Fiest Disteict. Foe Membee op Asskmblt— Second Disteict. a 5 6 "o ,a a to ■0 ■3 a a w % a a CD a H a si u 3 a ■a < s U P. I a a » a i 1 1 a N s a 3 a .a >-5 i 1-3 g 2 "a < CO OS a ja EH M a a n 1 £ f- d od received one 9). caused the same secretary of this HULETT, Chairman. with the original le same is a cor- iginal. this 10th day of WORMER, Clerk. : county of Wash- rk, superintendent ashington having kh day of Novem- . the several elec- leld on the third follows : he whole number md six hundred ved five thousand 3tt received four ord received four id one (1): G. C. e (1); George B. . one (1); W. R the county clerk of which Rodney i and forty-four d eight hundred d four hundred ) ; Blank received uperintendent of ight (10,658); of ee hundred and thousand eight d four hundred (1); Thomas A. 18). roner was thirty- (vhich Samuei H. d twelve (6,312); Elmer E. Mosher received six thousand three hundred and tell (6,310) ; Alfred M. Young received six thousand three hundred and thirty-four (6,334) ; J. F. Nivei received three thousand eight hundred and eighteen (3,818); Thomas M. Cooper received three thousand eight hundred and forty-two (3,842); Robert A. Linendoll received three thousand eight hundred and thirty-three (3,833) ; Zina Cotton received four hundred and sixty-one (461); John Cipperly received four hundred and sixty-one (461); Ira J. Lee received four hundred and sixty-one (461); Thomas A. Field received three (3); Blank received seventy (70). The whole number of votes given for the office of justice of sessions was ten thousand six hundred and thirty-five (10,635), of which Nelson A. Harwood received six thousand three hundred and twenty- four (6,324) ; John Watkins received three thousand seven hundred and ninety-six (3,796). Edwin Shiland received four hundred and sixty- five (465) ; T. N. Smith received five (5) ; R. R. Jones received two (2) ; Thomas A. Field received one (1) ; Blank received forty-two (42). We certify this statement to be correct and have caused the same to be attested by the signatures of the chairman and secretary of this board this 10th day of November, A. D., 1891. JOHN M. HULETT, Chairman. Rodney Van Wormeb, County Clerk and Secretary. STATE OF NEW YORK, ) . Washington County Clebk's Office.) I hereby certify that I have compared the foregoing with the original statement remaining on file in this office, and that the same is a correct transcript therefrom and of the whole of such original. Witness my hand and official sea! at Argyle this 10th day of [l. s.] November, 1891. RODNEY VAN WORMER. Clerk. The Board of County Canvassers of the county of Washington, having canvassed and estimated the votes given in the several election districts in said county, at the general election held on the 3d day of November, 1891, do hereby certify, determine and declare: That George N. Finch by the greatest number of votes was duly elected sheriff of said county; that Rodney Van Wormer by the greatest number of votes was duly elected county clerk of said county; that Andrew M. Collins by the greatest number of votes was duly elected superintendent of the poor of said county; that Samuel H. Donaldson, Elmer E. Mosher and Alfred M Young by the greatest number of votes were duly elected coroners of said county; that Nelson A. Har- wood and John Watkins by the greatest number of votes were duly elected justices of sessions of said county. We certify this statement to be correct and have caused the same to be attested by the signatures of the chairman and secretary of this board, this 10th day of November, 1891. ' JOHN M. HULETT, Chairman. Rodney Van Wobmeb, County Clerk and Secretary. STATE OF NEW YORK, Washington County Clerk's Officr !■ ss. : I, Rodney Van Wormer, clerk of said county, do hereby certify that I have compared the annexed copy statement with the original remaining on file in this office, and that the same is a correct transcript therefrom and of the whole thereof. In testimony whereof, I have hereunto set my hand and affixed [l. 8.] the seal of said county at Argyle, N. Y., this 10th day of November, 1891. RODNEY VAN WORMER, Clerk. STATEMENT of the board of county canvassers of the county of Wash- ington in relation to votes given for member of Assembly. The board of county canvassers of the county of Washington hav- ing met at the office of the clerk of said county on the 10th day of November, 1891, to canvass and estimate the votes given in the several election districts in each of the Assembly districts of said county, at the general election held on the 3d day of November, 1891, do certify as follows, to wit: That it appears on such estimate and canvass that the whole number of votes given for member of Assembly in the first Assembly district of said county was five thousand three hundred and twenty-seven (5,327), of which WUliam D. Stevenson received three thousand one hundred and seventy-six (3,176) ; Frank A. Morgan received one thou- sand eight hundred and eighty-nine (1,889); Oren B. Wilbur received two hundred and eighteen (218); Joseph A. Kellogg received one (1); Thomas A. Field received one (1); William Beid received one (1); Blank received forty-one (41). The whole number of votes given for member of Assembly in the second Assembly district of said county was five thousand three hundred and three (5,308), of which William Reid received two thou- sand seven hundred and seven (2,707); Joseph A. Kellogg received two thousand three hundred and sixty-nine (2,369); Luther R. Temple received two hundred and nineteen (219) ; Blank received eight (8). We certify this statement to be correct and have caused the same to be attested by the signatures of the chairman and secretary of this board this 10th day of November, A. D. 1891. JOHN M. HULETT, Chairman. Rodney Van Wobmer, County Clerk and Secretary. J STATE OF NEW YORK. Washington County Clerk's Office. I hereby certify that I have compared the foregoing with the original statement remaining on file in this office, and that the same is a correct transcript therefrom and of the whole of such original. Witness my hand and official seal at Argyle, N. Y., this 10th [l. s.] day of November, 1891. RODNEY VAN WORMER, Clerk. The board of county canvassers of Ihe county of Washington, having canvassed and estimated the votes gi ven in the several election dis- tricts in each of the Assembly districts of the said county, at the general election held on the 3d day of November, 1891, do hereby certify, determine and declare that William D. Stevenson, by the greatest number of votes was duly elected member of Assembly in and for the first Assembly district in said county; that William Reid, by the greatest number of votes, was duly elected member of Assembly in and for the second Assembly district in said county. We certify this statement to be correct, and have caused the same to be attested by the signatures of tlie chairman and secretary of this board, this 10th day of November, 1!B91. JOHN M. HULETT, Chairman. Rodney Van Wobmer, County Clerk and Secretaryf. STATE OF NEW YORK, Washington County Clebk's Office. . ss. : I, Rodney Van Wormer, clerk of ssiid county, do hereby certify that I have compared the annexed copy st atement with the original remain- ing on file in this office, and that t.he same is a correct transcript therefrom and of the whole thereof. In testimony whereof, I have 1 lereunto set my hand and affixed [l. s.] the seal of said county, a ,t Argyle, N. Y., this 10th day of November, 1891. RODNEY VAN WORMER, Clerk. answer such charges as may have been developed in the course of that case. Mr. WELLiuaTON. — The time for the sitting member to file a written answer, as I understand it by the committee — Chairman Robsch. — The chair states that is a matter that will be decided subsequently. Mr. Wellington. — If the committee please, we must know now whether we are to be precluded from giving proof because no written answer is on file now. Chairman Eobsoh. — The chair has not ruled that at all; the chair will not preclude you from giving any testimony, even though you may not have filed any written answer. Testimony relevant to that which has been brought out by the contestant. Mr. Wellington. — I can not be concluded in that way, for the reason that if there are districts attacked by the contestant, the proof of which we can not meet, we surely ought to have an opportunity to attack other districts which gave Mr. Collins a majority. I have had no opportunity to file a written answer; I will do it if I may be given half an hour. Chairman Eoesoh. — That is a matter that wiU be decided when the question arises; the committee rules the contestant's case shall proceed. Mr. Wellington. — May I file a written answer during the day ? Chairman Eoesoh. — Certainly; the chair has not precluded you from filing an answer to-day, or to-morrow, as you see fit. Mr. Wellington. — Very well. Mr. EooHE. — If the committee please, we offer in evidence a copy of the Eensselaer county official canvass for the election of 1891. Mr. Wellington. — Does that include the papers on file ? Mr. EocHE. — Oh, no; simply the canvass. (See appendix A.) Mr. RooHE. — Also, a like one of the county of Washington. (See appendix B.) Mr. EooHE. — I do not believe it is necessary to go on and make any opening of this case, I think it is sufficiently stated in the petition. I , think we can shorten things by going ahead and producing our witnesses. We w^U waive, therefore, any opening. Elmeb E. Babnes, being duly sworn, testified as follows; Examined by Mr. Eoohe: Q. Where do you reside? A. I reside in the town of Hoosick, Eensselaer county. 8 Q. What is your oecupation ? A. I am a lawyer by profession. Q. What election district in that town did you reside in at the last election ? A. Vote in the eighth district. Q. Is that in the village of Hoosick Falls ? A. Yes. Q. How long have you lived there ? A. This was my first year in that district; prior to that time I was in the third district of the town. Q. That is lower in the village? A. No; that is at Eagle Bridge. Q. Have you taken more or less an active part in political matters in that town for some years ? A. Yes, sir; I have. Q. Are you pretty well acquainted vfith the political workers and managers on both sides? A. I am acquainted with all of them. Q. What work, if any, were you doing in your district on the day of election? A. I had charge of the tickler for the Democratic party. Q. State, in brief, what you saw and observed in that district that day, relative to the manner of conducting the election, in violation of the election laws that you noticed, or anything else that has a bearing upon this matter ? A. This was Mr. Worden's district, who was running for the Assembly, and he had seven or eight workers; they were working inside the rail, and all around the building. Q. Was "he the Eepublican candidate for member of Assembly ? A. Yes; and our voters didn't come out very well in that district, and we had men to go out and get them; had a team; when it got about 2 o'clock in the afternoon we found out there were sixty or seventy voters that hadn't voted. Q. Democrats you mean? A. Yes; during the day a Democratic voter would show up, and I was in charge of things in that district, and he would ask me if I had anything to give him, and I would tell him no; the Republicans would catch him and run him across the street — a fellow by the name of Eussell — into a saloon kept by T. T. McGraw, and he would disappear, and he would not show up again during the day; well, I was town committeeman from that town, and I had correspondence with several voters who had left the village, and whose families still resided there; they were in Schenectady; working in the Edison works; one of them by the name of William Cronin; he came in on the 2 o'clock train and showed me my letter; I told him if he would come on I would pay his charge; he says, I am offered five dollars. Mr. Wellington. — I object to it as hearsay, what Mr. Cronin may have said. Mr. KooHB. — It is part of the direct transaction between the wit- ness and Mr. Cronin. Chairman Koesoh. — Does counsel mean that all testimony, the sub- ject-matter of which did not transpire in the presence of Mr. Derby, is to be excluded as hearsay ? Mr. Wellington. — No; I mean that statements made by men there to this witness are hearsay, and are not evidence and have never been evidence in any court or any proceeding, whether it be judicial or of this character. He must state what he saw and what he did. Mr. EocHE. — We want to lead up to it in consecutive form. That will show the result. Mr. Wellington. — It can not be led up to in this way. Chairman Eoesch. — Objection overruled; the witness may state the conversation. The Witness. — He said, " What can you give me ? " I said, " I can pay your fare, as I wrote you. Tou will, I suppose, actually vote the Democratic ticket?" He says, "I am offered five dollars by Eussell, the Eepublican worker, and my wages, three dollars and fifty cents, and my ticket, three dollars." I says, "I can't pay you any such thing; I ain't got any money only to pay for your fare here; I have got three dollars for you, that is the fare, you can have that when you have voted, and that is for your fare." I had written to him to this effect prior to this time. He had the other man with him; they both worked at the same place, named John Eiley, and he made the sanie statement to me. , They voted and they stood around the election room until the votes were counted, and as the majority began to roll up for Passett, they seemed to be tickled to death. Q. Did they take your offer of their fare ? A. Well, they didn't take it that night; the next morning they came around up to my office a day or two afterwards, and said they hadn't money to get back to Schenectady, and I paid their fare back, Q. They made this statement of what they were offered, by whom ? A. They were offered by the Eepublican workers; Eussell, they said, was one of them; I think his name was Fred. Eussell. Q. Did you have any dealings that day with a man by the name of Crowley and a man by the name of Dougherty, on election day? A. No, I didn't have any dealings; I heard them give ten dollars and a ticket to Liman Eock. Mr. Wellington. — I object to that. Mr. EocHB. — We won't take it. , Chairman Eoesch. — Strike that out. Q. Did you see their tickets? A. No, sir. . 2 -<^ 10 Q. Did you see any of them last evening ? A. Tes. Q. For what purpose ? A. For the purpose of getting them to come down here to-day and testify to those facts. Q. Tou understood they had made certain affidavits which had been presented to the Eensselaer county canvassers ? A. Yes, sir. Q. And was as effort made to subpoena them last evening before this committee ? A. Yes, sir. Q. What did they say on that subject ? Mr. Wellington. — I object to it as incompetent and hearsay. Mr. Roche. — We propose to show these people have got out of the State of New York so they could not be reached by the subpoena of this witness. Mr. Wellington. — I suppose that is competent to do that thing, but not by their declaration. Mr. Roche.' — We shall prove the fact they did get out. Mr. Wellington. — That is a different matter. If this man knows it, it is pretty direct evidence, about as direct as it can be made. Chairman Eoesoh. — Objection overruled. The Witness. — I heard they were going to leave and I went down at the 11.37 train ; , they were sitting in the depot and I called them into the ladies' room and I told them we wanted them in Albany to-morrow; we had subpoenas for them; a man coming on the train with subpcsnas. Q. Did you tell them what you wanted them in Albany for? A. Yes; I told them I wanted them in Albany to testify in regard to their taking ten dollars and a ticket to Lime Rock to get out of town and not vote on the day of election; Crowley put his hand in his pocket and pulled out four silver dollars and says : " Greene has given me four dollars and Mr. Dougherty four dollars, and we are to go to the Richmond House in' North Adams and they are to give us twenty dollars, and we can't go down there," and wanted to know what I could do; I says: "We can't do anything; I want to have you go down there and state what happened on election day;" the train got in there at 1.30; it was a couple of hours late and we waited; there was a man in charge of them evidently, kept watch of them, by the name of Wright, a young lawyer up there, and they went off on the 11 o'clock train; it didn't get there until 1 o'clock, a few minutes after; they went off on that train and they said they were going to get twenty dollars at the Richmond House at North Adams on their arrival. Q. Who is Greene ? A. He is a lawyer up there that Worden has got to take care of all these people they bought on election day. 11 Q. What are his politics ? A. Eepublican. Q. What did you observe, if anything, on the day of election, in reference to electioneering in and about the polling place? A. I observed the Kepublicans approach every Democrat that would come and stand around the pbll& for any considerable time and not vote. Q. How near the polling place? A. Eight inside the rail; they swarmed all over the room. ' Q. The very i'oom where the election was being conducted? A. Yes. Q. How often did that occur during the day? A. They had two workers and a, tickle^; they stopped' me from working my tickler and sent me outside and they kept it up. By Chairman Roesoh: ' Q. Won't you please tell us what you mean by " tickler ?" A. That is a book of the names of all the Democrats in the district; the can- vass book that they get out before election. , Q. The Eepublicans have a similar book of the names of the Repub- licans in the district? A. Tes; both parties had a book. Q. Did your tickler show the names of all the voters, Eepublican, Democratic, doubtful, and so on? A. We had a book that we sent in to the State committee to that effect; the one I had had only what I knew to be Democrats, t Q. What did these men do in the polling room ? A. They talked with people. ' Q. Did they solicit votes ? A. They talked with voters outside the rail and coming inside they were more careful what they said or done; there was a stove inside, it was cold sometimes; they would talk among themselves about voters; I would hear them talking about voters, who had voted and who hadn't. Q. Did they have paster ballots inside that room ? A. I didn't see any used outside; I know the workers were in there with them in their pockets,, Q. In the polling room? A. Yes; inside the rail. Q. What Eepublican had this tickler book in the room? A. A fellow named Tomlinson. Q. W^re you present when the canvass of the votes was being conducted? A. Yes, sir. Q. What, if anything, did you observe about writing upon any of the ballots? A. I noted that there were several of the justice's session that were marked with different names; I couldn't remember how many, I think it was seven or nine; it was as much as seven, and it might have been nine. 12 Q. Tou understand that at this election and at all ordinary elec- tions there are two justices of sessions elected, and the two receiving the highest number of votes take their seats, each voter votes for but one, was there any name marked upon these ballots except of jus- tice of sessions ? A. It was written with a lead pencil on most of them. Q. What ballots were those ? A. Those were all paster ballots, and straight Eepublican pasters put on any ballot the voter picked; I don't remember what the ballots were. Q. Did they have the name of Mr. Derby on for senator ? A. They did, every one. Q. Was this erasure of the regularly nominated candidate for jus- tice of sessions, and the writing of their names on a means of identi- fying the ballots? A. I couldn't say; I noticed Tomlison had a book, this watcher, and he went around to each one as they counted the ballots. Q. Were the names that were written on those of any person who had been nominated as justice of sessions ? A. No, sir. Q. By either party ? A. No. Q. Was the name of John Doe written on any of them ? A. John Doe was on one of them, and different names. Q. Were 'they names of any person in the village? A. Nobody that I was acquainted with, certainly nobody in that election district. Q. What do you know as to the abstention of voters that day from the polls? A. I have a list of twenty-three Democrats that were approached and. kept away; they came to me and wanted money and I couldn't give it to them. Mr. Wellington. — I object to it as hearsay. Chairman Eobsoh. — Objection overruled. The Witness. — They went to the Eepublican workers, they took them over to the saloon, and they disappeared and they didn't vote that day. Q. Where was this saloon? A. Corner of John street, near the depot. Q. Who was it kept by? A. T. T. McGraw. Q. What are his politics ? A. He has had all kinds of politics. Q. Who seemed to have charge of it that day ? A. There was a doctor there, a dentist, that seemed to be paying out the money, by the name of Boynton. Q. What are his politics ? A. A Eepublican. Q. Was McGraw a deputy sheriff then? A. He was a deputy sherifE under the Eepublican sheriff. 13 Q. These persons who abstained from voting, were they men who were known there as Democrats ? A. Yes, every one of them ; I have seen in the old way of voting, I have seen them take a Democratic ticket apd go up and vote. Q. The general reputation and understanding of the district was that they were Dejnoorats ? A. Yes. Q. You have seen these men approached by Republican workers and to all appearances asked to stay away ? A. Yes. Q. And they didn't vote 1 A. They didn't vote at that election. Q. Where did some of theSe men work ? A. Those twenty-three that I have kept the names, and that were around the polls and didn't vote, worked all over the village; some worked in the shops. Q. What shop ? A. Walter A. Wood's shop. Q. Mowing and reaping machine works ? A. Yes. Q. Is that district ordinarily Democratic ? A. Collins carried it last year for Congress by seven majority; this same man. Q. What majority was given there this year? A. Derby got thirty-eight. Q. You may state anything else to the committee that has a direct bearing upon this election, within your knowledge ? A. There was alaout twenty-seven or twenty-eight Democratic voters that I was per- sonally acquainted with in that district that stayed in the shop that day, and, of course, as that was my district and I was responsible for it, I talked with nearly every one of them, and they said — Mr. Wellington. — I object to it as hearsay. May I be permitted to ask whether, in the conduct of this proceeding the ordinary rules of ^ evidence are to be observed? Chairman Eoesoh. — The committee is of the opinion that in these cases as in all investigations by committees of the Legislature, far more latitude is allowed than the usual rules of evidence permit in cases in court; if that were not the case, legislative investigations would mostly end in annulity. Mr. Wellington. — I am aware that is the case where there is an ex-parte investigation for the purpose of legislation, but this is a contest; here there is a contestant and there is a respondent and the issue is between them. It is not a legislative investigation and I sub- mit that all the authorities, all the congressional authorities and the authorities of this State are to the effect that hearsay evidence is not ' competent; so far as my knowledge goes I have never known of a case where hearsay evidence has been admitted. Mr. EocHE. — This can not be said to be hearsay evidence. 14 Chairman Roesoh. — The committee does not require any further argument on this point. The objection is overruled and the witness may answer. The Witness. — I would meet them on the street, sometimes in the store and sometimes in my office, and they said a good many people had lost their jobs; some had little homes, and they felt if they went out they would get discharged; that is the reason they didn't go and vote; they were not notified until the night before, Monday night, the shop was going to run, and it never had run on election days. Q. Did that shdp shut down that day for an hour or two hours, as allowed by the ballot reform law, for employes to vote ? A. No, sir. Q. It had been customary for the shop to be closed on that day ? A. On general election days, in the fall, they always closed. Q. What are the approaches to that shop from the village proper ? A. Across a bridge. Q. They can go no other way ? A. They can go another way Q. It is a narrow street and narrow bridge over the Hoosick river? A. Tes. . Q. Going to these extensive works ? A. Tes, sir. Q. A man going or coming out of there would necessarily cross this bridge and be in plain sight ^f anybody that wanted to see him ? A. Yes, in all the districts except the seventh; in the seventh, they could go around the other way, but in the other five election districts in the village they would have to cross that bridge. Q. Anything else you want to say to the committee? A. I had made in each district, a return of the ticklers showed there were 180 Demo- crats in the village who voted last year, and invariably voted; you will find their names on the poll-list, for the last ten years, of the town; we didn't vote in that village alone; there are six districts. Q. There is but one person nominated for justice of sessions by each political party, isn't there ? A. That is the law, I believe. Q. There are two elected but each party nominates but one ? A. Tes. Q. These changes that you speak of were upon that name of justice of sessions ? A. I heard one of the inspectors say, " We will give them all to the Prohibitionists, they haven't got but a few votes," when they were counting them up; I don't know what they did with them, I didn't wait. Mr. BooHB. — You may ask it. By Chairman Boesoh: Q. Tou say the workers were inside the rail, do you mean inside the guard rail? A. Tes. 15 Q. How close were they to the ballot-boxes? A. The room' was about the regulation size required by law, and the booths were on the right side as you went in, and the ballots on the left, a stove in the middle, and they would walk right around where the stove was in the middle of the room, apparently get warm, and. walk around through the middle, the voters would have to pass through the crowd over to the booths, poll their ballots and return to the boxes. By Mr. GioFriTHs : Q. How many feet were these workers from them? A. Often a voter would go in and get a ballot and jostle against one. By Chairman Eoesch : Q. How close were they to the voting booth ? A. Might be some- times five or six feet, sometimes not more than two; sometimes standing as close as they could. By Senator Endres : Q. I uitderstood you to say that these men were working inside of the polling booth ; was this a booth itself, or was it a building in which you did the voting ? A. It was a large room in a building, and they were inside the guard-rail. Q. The men with the tickets, the paster ballots ? A. With the paster ballots in their pockets. Q. Distributing tickets for paster ballots? A. I didn't watch them; I had all I could do most of the time to take care of my people ; I didn't watch them much ; I could see them going in and out. By Mr. Wellington : Q. How many votes were cast in this district at the last election ? A. Flower got 110, 1 think, and Fassett 150. Q: Would that make 260 votes ? A. Tes. Q. How many votes were cast last year 7 A. The district has not been changed particularly; it fell off about fifty votes. Q. Do you mean to say the votes cast last year amounted to 310 ? A. No ; I don't know just what they did amount to. Q. Will you swear they were more than 260 last year? A. No, sir ; I didn't vote in the district last year; I know the majority last year for Collins was seven. Q. This year Mr. Derby had a majority ? A. Yes. Q. I want to know whether you know the vote last year was any larger in that district than it was this year ? A. I wasn't in the dis- trict last year; I didn't vote in it. 16 Q. Do you know anything about that question? A. I have answered you fairly; I don't know any more than what the returns of the district ghow; the total number of votes cast I didn't pay any attention to; I simply figured on the majority. Q. You don't now remember what the total vote was last year ? A. No; our portion there may have been more and may have been less, and may have been the same. Q. Did you see anyone within a few feet of the ballot-box at the last election soliciting votes ? A. I saw a fellow by the name of L. V. Ball and Tomlinson talking about a man they just got away from the Democrats. Q. Did you see anyone in that booth within a few feet of the ballot- box or in the room at all attempting to get anyone to vote any par- ticular ticket ? A. Yes ; I saw lots that were approached. Q. Wni you give one instance ? A. I saw Jack Cronin approached. Q. By whom ? A. By Tomlinson and by Eussell. Q. Did you hear what they said? A. No; I saw them take him across on the railroad track and he turned around and came back and said " I am going to vote — Q. (Interrupting) I don't ask you what he told you; you draw the inference from the fact they went out of the room together they solicited votes ? A. I draw my inference from what he told me. Q. Was the attempt to get him to vote a particular ticket made in the room? A. Yes; it was made right close to the raU, stood by the side of the rail. Q. Did you hear it ? A. I didn't hear the words, they don't talk loud enough for that. Q. You don't mean to say you have personal knowledge of an event when all your knowledge is derived from what somebody told you; you don't mean that ? A. I saw the action. Q. You don't, as a lawyer, mean to say that you have personal knowledge of an event when all you know about it is what somebody has told you ? A. He told me. Q. I object to it; will you answer my question or not; is that what you, as a lawyer, call personal knowledge ? Mr. EocHE. — I object to that as immaterial, as to what his opinion is about a legal proposition. Chairman Eoesoh. — The main question is what the witness is requested to answer. The Witness. — I have no other knowledge, as I have told it to the committee here what I saw and what I heard. 17 Q. Have you in this particular instance any other knowledge than what this man told you ? A. No; I have not. ^ Q. Did you see anyone in that room take out of his pocket a paster ballot on that day and give to any voter ? A. Tes; I did. Q. Who was it? A. I see Cash Johnson go and get some paster ballots, and he was one of the clerks, go and get some paster ballots from a man that stood right there, and said he wanted to use them and give them to some of his friends. Q. Did you see him give those paster ballots to any voter in the room? A. Yes; he went outside thfe guard-rail, but it was in the room, and ask for this. Q. I didn't ask you what he asked or what he said; I asked if you saw him or any one else give a paster ballot in that room to a voter ? A. Yes; I did. Q. Name one. A. I can't name, perhaps, an instance, but I saw him take them out several times and distribute them to the voters. Q. You can't name an instance ? A. I don't know as I could name one particular instance. Q. Do you remember who the workers were that were in the room that day ? A. There was Gorman for one. Q. Do you know whether there were any Democratic workers in the room that day? A. I don't know; I was out and in myself. Q. Don't you know whether there were any Democratic workers in the room that day ? A. The Democratic workers, it was like this — Mr. KooHE. — Tell it right out, Mr. Barnes; we have nothing to hide. Q. Don't you know there were Democratic workers? A. There were not Democratic workers. Q. Will you wait until I ask the question ; don't you know that on that day in question there were Democratic workers within the room ? A. I did not know it, sir. Q. Do you mean to swear that there were no Democratic workers in the room that day? A. I mean to say — Q. (Interrupting) Will you answer my question? Chairman Roesch. — The witness has a right to explain his answer. Mr. Welungton. — He has after he has made the answer, but not before. ' The Witness. — We had three men. Mr. Wellington. — I object to it as not responsive. Chairman Roesch. — Objection overruled. The Witness. — I had three men on the outside — Peter GafEney, William A. CahiU, another lawyer^ and Bernard Duffy. They went 3 18 around and got those men the best they could keep track of them as they voted; we didn't go in and look over the poll-list like the Repub- licans; once in a while I would run in and warm myself and sit down by the stove, but I didn't use my book while I was in there; I was the only Democratic worker that went in, but I didn't offer any man any money or give him any paster ballot. Q. Were you the only Democratic worker in that district? A. Only the other three on the outside. Q. What were their names ? A. William A. Cahill, a lawyer, Peter GafEney, in the livery business*, and Bernard Duffy, an insurance agent. Q. Did they not work inside? A. They did not work inside; I am sure of that; they would '•come in and ask who I wanted sent for, and I would tell them. Q. Did you spend a good deal of your time inside ? A. I was around the stove quite a considerable time, but I didn't approach any- body while I was in the room. Q. Did you see or hear of more than two voters being paid for their ballots on that day ? A. Yes; a man named Jerry — Q. What were the two you named before ? A. William Cronin and John Eeilly. Q. They didn't vote the Eepublican ticket ? A. How do I know. Q. That is your understanding ? A. I don't know anything about how they voted. Q. Didn't they refuse to be bribed? A. I haven't given any evidence to that effect. Q. Didn't they refuse to be bribed ? A. I don't know anything about that; they might have been bribed a hundred times. Q. They were Democrats ? A. They were Democrats. Q. They came to you and told you Eepublicans had offered them money? A. Yes, sir. Q. And they asked for something from you, didn't they? A. They did. Q. You told them you wouldn't give them more than their fare ? A. I told them I would pay them what I agreed to when I wrote them, their fare from Schenectady to Hoosick Falls and return. Q. Anything else ? A. Nothing else at all, they were Democrats and their families resided there and they had always voted there. Q. When they came to you and told you they had been approached by the Eepublicans and offered more money had they at that time voted? A. They had not voted and they turned right around and went off with Fred Russell and went to McGrath's. 19 Q. Did you the next day pay them anything ? A. They came up to my office and said they didn't have money enough to get back; I was feeling pretty good the next day; I said I would pay them what I agreed to. Q. Do you mean to say you paid them supposing they had voted the Republican ticket? A. I mean to say I didn't ask them anything about what they had voted. < Q. Don't you know they voted the Democratic ticket ? A. How should I know; it is a secret ballot. - Q. Do you mean to say you paid them money the next day? A. I couldn't mark their ballots the next day; I promised to give them three dollars if they would come out there and vote; I understood they were Democrats and I kept my word. Q. Tou didn't promise to pay them three dollars if they would come on and vote the Eepublican ticket? A. I would pay their fare; it was about three dollars. Q. To come and vote the Republican ticket? A. I didn't say, any- thing about tickets; we usually know who our men are; I didn't say anything about voting the Democratic ticket. Q. Tou don't pretend 'to say you agreed in any event to give them three dollars, even if they should come on and get ten dollars from the Republicans and vote the Eepublican ticket? A. I mean to say that was the tenor of my letter, to pay them three dollars. Q. Even if they should come on and get ten dollars from the liepub- licans and vote the Republican ticket ? A. They might get ten dollars from the Republicans and vote the Democratic ticket, then. I Q. Did they do it; do you mean to say that that is the character of Democrats? A. It is about as much conscience on one side as the; other. Q. I agree with you in some instances; how do you know these men were Democrats ? A. We know every Democrat in our town, from principle and practice. Q. How did you know, in this particular instance? A. Because I have been identified with the Democratic party for some ten years, and I know most every Democrat in the town, and I have meji them personally, socially, and politically. Q. These particular ones? A. These particular ones. Q. Did you know they were liable to be bought ? A. I didn't take that into consideration at the time. Q. Tou had known that fact, I suppose, hadn't you ? A. There is nobody that is free from bribery that I know of unless you reach pretty high places^ 20 Q. It covers this particular instance, isn't that so ? A. That is the common weakness of mankind. Q. These two men shared in that common weakness? A. I don't know as they had any more than others. Q. As much as others ? A. Certainly. Q. That you had learned from past experience ? A, My experience is quite considerable in that line. Q. You have handled money, have you not, at elections ? A. Never, sir; never handled money. Q. Who did handle the money for your side 1 A. We didn't have any great amount of money to handle; we paid some workers to watch the Republican rascality; we gave them ten dollars apiece. Q. How much money did you have up there in that district ? A. I don't remember; we dra'Jyed on it as we needed it for legitimate expenses all along; I don't remember how much; I could tell you if I looked over my account book. , Q. Buying votes has come to be a legitimate expense according to your notion? A. Evidently, from the majority you got in Washington county, it has. Q. According to our notion ? A. No. Q. Who had the money on the Democratic side in the last election? A. I don't know any money that was had. Q. You said you called on it as you needed it ? A. I sent for the chairman of the county committee, if we had a meeting or got the band out or anything like that. Q. I am not asking about that, you know perfectly well; I want to know on election day in that district which one of the Democrats that had Democratic money ? A. I do not know; I didn't have any money. Q. Where did you get the three dollars to pay these men the next day ? A. I think it was sent to me; I don't know; I went to Troy and got a little money to pay the legitimate expense. Q. How much money did you get ? A. I don't remember just what it was now; we paid ten dollars for five workers in each district and there were nine districts, but the total amount might have been in the neighborhood of six, seven or eight hundred dollars; I don't know how much it was; it was sent around; I didn't look it over and didn't count it. Q. Of whom did you get that money ? A. I don't know who I got it of. Mr. KooHE. — I object to it as immaterial. The Witness. — I didn't get it of anybody ; I found it in the room. Mr. Roche. — I object to it as immaterial who it was got of. 21 Chairman Roesoh. — I suppose it was immaterial who the money was got from, if it was established it was used unlawfully. Mr. RooHB. — He hasn't established any such thing. The WiTNBss.— All the money I got was paid to people to watch around and get teams and such things as that ; there wasn't any of it used for any illegal purpose ; in fact the men were all instructed not to. Q. Do I understand you to swear — you understand you are under oath? A. I do. Q. Do you mean to swear you didn't get that money from anybody? A. I mean to swear I got a bundle and was told there was something in it ; I didn't know there was any more in it than there would be in any bundle that might lay here on the floor ; it was to be used for legitimate expenses ; there was three or four or five hundred dollars expense in ruiining the campaign. Q. When did you get the money? A. Two or three days before election; about that time. Q. Where did you get it ? A. I don't know as I am compelled to answer that question where I got it. Mr. Roche. — He said he got it in Troy. The Witness. — I got it in Troy. Q. What part of Troy ? Mr. RooHE. — I object to it as immaterial. Chairman Roesoh. — Objection sustained. Q. You said you didn't know as you were compelled to answer the question, did you mean by that to claim a privilege that it would tend to incriminate you? A. No, sir; there was not a cent of money that I got that would incriminate me or anybody else. Q. That is to say that you know no one else at the election did an unlawful act; is your knowledge so extensive at that? A. I can't fol- low the ramifications of the human mind of every man that was associated with me in election in that town, but I say there were no instructions given to bribe any voter, in fact, they were told not to do so. Q. Did you know of a single instance in that town, of your own knowledge, not derived from what some one told you, that a dollar was spent by the Republicans to keep men away from the polls? A. That would be, did they buy me to stay away ? To sum your ques- tion up to that, they didn't buy me to stay away. Q. I didn't ask you that. A. That is the logical conclusion of your question; I should only have personal knowledge of myself; I would be the only one; I was to the polls. 22 Q. Did you have personal knowledge of a single instance of the Eepiiblicans buying anyone to stay away £rom the polls that day ? A. If you mean by personal knowledge did I see the money given to anyone to stay away, I would say no. Q. Did you hear it at the time ? A. I heard it at the time; lots of it. Q. I don't ask you whether some one told you after the event that it had taken place. A. I heard it right on that day. Q. Did you hear a single Eepublican request a single Democrat to stay away from the polls on that day ? A. I had forty people come to me and state to me; I didn't hear them do that; I was too busy. Q. Is it the Walter A. Wood Company shop you refer to? A. The Walter A. Wood Company shop is the one I refer to. Q. Is the shop in your district? A_. The shop is in my district; it is a village there. Q. Eussell Parsons is one of the managers there 1 A. I believe not; he has nothing to do with it; as I understand, he is simply a patent attorney; he certainly has no influence with the men; he can put nobody on or take anybody off. Q. Do you understand the shop was kept open all day? A. I understand — Q. (Interrupting.) It can be answered yes or no ? A. I understood that Worden got $100,000 of taxes off from it and they were going to run the shop to keep the Democrats in so he could get a big majority and go to congress next year. Mr. Wellington. — I have no power to control the witness but I submit I ought to be permitted — Chairman Eoesch. — There is considerable sparring between the counsel and witness. The Witness. — Yes; I did understand it was open aU day. Q. Did you understand there was any law in this State requiring the shop to be closed during election day ? A. I understand it is a legal holiday. Q. Do you understand there is any law requiring a shop to be closed for two hours or any other time on election days ? A. Tou ought to be more familiar with the law than myself, and can state that to the committee; I don't know; I know it is con- sidered — Q. (Interrupting.) I don't ask you what it is considered? A. I know it is a legal holiday; I don't suppose a man could collect his wages if it came down to a question of law. Q. Why ? A. If he didn't want to pay it. Senator Endbes. — There is no use of going into this. 23 Mr. EooHB. — I object to going into a discussion of legal principles between counsel and witness. Q. How many of these paster ballots with fictitious names on did you see ? A. I said I thought it was seven or nine at the time. Q. Did you see them ? A. I saw the names written onto them when they were counted off, and I heard them say: "Give ten to the Pro- hibitionist." Q. Did you see the ballots ? A. Yes; I saw three or four of them; I couldn't say how many; I saw two or three, and I heard them say: " There are seven of those kind of ballots with different names on." Q. What you know on that subject you know by hearsay ? A. From what the inspectors were talking. Q. Who were the inspectors ? A. One of them was John Gaffney. Q. A Eepublican or Democrat? ^ A. Democrat; Tom Keenan a Democrat, and another inspector was a Eepublican. Q. Two Democratic inspectors and one Eepublican? A. The Eepublican inspector I forgot who he was. Q. Do you mean to say that a Democratic majority in the inspect- ors on the election day permitted Eepublican workers to work within the polling place and to a greater extent than the Democrats worked in the polHiig place ? A. We intended to obey the spif it and the letter of the law; the Democrats did and the Eepublicans wouldn't.. Q. Even with a majority of the inspectors Democratic ? A. They knew it wasn't right and wouldn't go in. Q. Do you mean to swear to that ? A. I mean to say I had charge of it myself and I was certain we wouldn't do anything that was wrong. Q. Do you mean to say these Democratic inspectors permitted the law to be violated by the Eepublicans in their presence ? A. I do, and I ^aw it. Q. And that it wasn't afforded to Democratic workers as well ? A. I say I didn't violate it. Q. Do you mean to say it wasn't violated? A. In fact I told the inspectors to let Worden have his own way. Q. I didn't ask you what you told them; do you mean to say it wasn't violated by the Democratic workers as well ? A. I mean to say it wasn't violated at all; I determined to carry on the election as near as I could in conformity with the ballot law. Q. The Democratic workers were not in that polling place to work ? A. They were not. Q. Do you know of any iustance of Eepublicans having been bought by Democrats to remain away from the polls ? A. Only as I have told you. 24 Mr. EocEB. — Pay attention to his question. Q. Did you hear of any instance of Kepublican voters being paid money by the Democrats to remain away from the polling place ? A. Why, no; we hadn't any money to pay anybody. Q. You didn't hear of any such? A. Didn't hear of one case; not of one person. Q. Did you know whether any such thing as that took place ? A. I do not; and every man in every district I was personally acquainted with, and he was supposed to be under my orders, and I gave par- ticular instructions in regard to that. Q. Did you have the distribution of all the money? A. I don't know what you mean when you talk about the distribution of money; we had a little money, so when the votes were counted if we were ahead the boys were supposed to give all the Democrats a drink and have a good time ; there was a little money for that, they call it beer money ; and there was a little money to pay for wagons, five dollars ; we had a wagon in each election district. Q. I asked if you had the distribution of it ? A. I had the distri- bution of that much of the funds and that was all the fund I know anything about. Q. Did you have the distribution of the funds you got in Troy ? A. Certainly. Q. I want to know whether you paid any other voters than the two you have named ? A. I paid Jerry Fahey the amount of his ticket to come on and vote, and not another cent, from Schenectady to Hoosick Falls ; he was registered in the fifth district ; and I paid Harry Kneeland to come down from North Adams ; he was registered in the seventh district, and I paid their fare and not another cent ; I sent them to their district, and there were several others that c&me from out of town; I didn't pay any others. Q. Didn't you pay any one else ? A. I can't remember that I did; 1 don't think I did. Q. Do you know of any others that were paid? A. No, I do not; those were the only three that came direct to me ; I sent them all a personal letter and they came to my office. Q. Did you hear of any others that were paid ? Mr. KooHE. — I object to it on the ground that is hearsay and is not admissible. Chairman Koesoh. — Objection overruled. The witness may answer. A. I didn't hear any of it. Q. In what parts did you divide this fund ? A. I don't remember. 25 Q. How many men were in on the funds ? A. There were five or six in each district. Q. How many in this partfcular district? A. This district I only had three, some districts more and some districts less. Q. How much did you give to each one? A. I didn't give a cent to each one, not one red cent. Q. Kept it all yourself? A. No; I didn't keep a cent for myself. Q. What did |you do with the money ? A. I gave it somebody else and let them give it to them. Q. Who was that somebody else? A. One of our politicians up there. Q, What is his name ? A. Frank Eeilly is the man I gave it to. ' Q, Tou don't know, of course, what he did with it ? A. No. Q. Tou don't want to ? A. Why, yes ; I would just as soon know as not, if you will tell me. Q. He is the Democratic supervisor ? A. Yes. By Mr. Eoche: Q. This Wood? establishment is the establishment of which Walter A. Wood is principal proprietor? A. Yes, sir. Q. He is a leading Republican of the town ; been member of con- gress, elected by that party? A. Yes. Q. This money you obtained in Troy, was that for your election district ? A. For the whole town of Hoosick. Q. About what was the total vote of the town? A. Ought to be about twenty- seven or twenty-eight hundred. Q. There are eight election districts in it ? A. Nine. Q. And prior to the election, did you have some political meetings in the town which caused some expense for music and one thing and another ? A. There was between three and four hundred dollars of expense for the headquarters; we had nice headquarters there, we paid fifty dollars a month for, and the total expense, putting a man in it and everything. Q. A large portion of this money that was taken for the town was to pay legitimate political expenses incurred before election? A. Yes, sir. Q. And, as you understand it, the men who gave their services before the opening of the polls until the closing of the canvass were also paid something ? A. Yes, sir. Q. You were going to tell what one Eussell said to you when you were interrupted by the counsel who didn't want to get it, and I ask you what that was ? A. He was a worker and he was dissatisfied; he 4 was one of those men that is led around from one side to the other, / and we didn't use him well enough, and he went to the Bepublicans; he said he would beat us fifty in that district; he was not a worker; he said he was getting them just as fast as he could pay them off. Q. You went on to tell about an attempt at bribery with some party; who was that; some man who was taken ofE? A. A young fellow by the name of Cronin. By Senator Emeeson : ' Q. Is Eussell a Democrat? A. No; he is a Republican; I said he is naturally a Republican, and always has professed to those principles. Q. I understood you to say you had some misunderstanding ? A. No; I said he was on the fence, sliding this was and that way; the man that give hitn the most money he would go for; he got dissatisfied — Q. He was with you and left you ? A. (No answer.) By Mr. Roche : " Q. Yoa didn't employ him as a worker that day? A. No; we never employed him much ; sometimes we would give him some money and he would work around a little for us. Q. Did this attempt at bribery start in the poUing place ? A. I saw Tomlinson lean over talking to Cronin; I got up and walked over and • they started out and went across the road; they started toward Reilly's ofiice, and I says, "Haven't you voted. Jack, yet?" He says, " No." I says, " Tou ought to go and vote." We used to work on the railroad together. I says,_ " You ought to go and vote." He says, < "I will vote when I get ready.'' Then he went on and told us what the other fellow had said, and what Russell had said to him. Q. He and Russell started this matter in the polling room? A. Yes. Q. They went off over to McGrath's ? A. They didn't go over; as soon as they got on the railroad track Cronin stopped and went down I the railroad track. Q. You said the ballot clerk that day got some pasters in the room; who was that ? A. Cash Johnson went over and asked for some pasters; I don't remember whether he was a ballot clerk or poll clerk. Q. What were his politics ? A. A Republican; he went over and got them out of somebody's pocket; I think he put his hands in* and pulled them out himself, and distributed them to some other parties, and they went outside then. Q. They were distributed in the room and then they went outside; when you were in there in that room did you do any electioneering? A. I did not; I did mine all on the outside. 27 Q. What did you hear that day about parties being asked to stay away from the polls; I understood you were going to mention a par- ticular case when you were interrupted hj counsel ? A. There was a case up on Bunker Hill; a man named Hill gave him five dollars, and we sent after him, and he wouldn't come and vote, and finally we sent Russell Parsons after him and he couldn't get him; and then we sent Hinman Parsons; and the reason he wouldn't come and vote, he said, he got five dollars: and his daughter went over and got it. Q. Who was this Hill ? A. He is a Eepublican. Q. This was on Bunker Hill ? A. Yes; this was on Bunker Hill. Q. Was Mr. Worden, the candidate for assembly, there all day? A. He was there all day, running out and in; he was a voter in that election district, the eighth. By Mr. Whxlington: Q. Did you see each of these twenty-three men that you say were paid stay away? A. Yes, I see theip; I didn't know they were paid to stay away; they didn't vote; they were Democrats. Q. Have you seen each one of them? A. Yes. Q. They have all told you ? A. They haven't told me any such thing. Q. What were their names? A. I don't know; I had them in my pocket, but I haven't got them here now. Q. I thought you said you did have? A. I thought I did have; I had to get up pretty early to get the train this morning, and I missed them; I can send them to you as soon as I get home; I haven't got them with me. Q. Did any of them admit they were paid ? A. No, sir. Q. Not one ? A. Not one. Q. Did they all deny it? A. I never asked them whether they were or not; I have seen them around the polls and the Republicans got them and rushed ofE with them. Q. Did you ask them whether they had been paid to stay away ? A. No, sir; I didn't say anything to them; I tried to get them to vote, as long as I could, and some of them made remarks they had got to , have money, and such things as that, and I said we didn't have any money to pay anything. \ Q. They were Democratic voters who would not vote unless they were paid ? A. They wanted to get a day's work. Q. Will you send us a list of those names ? A. I will do so. Q. If agreeable to the committee and the other side we will have the names incorporated in as evidence without those witnesses coming here. 23 Mr. Roche. — I don't know whether we will or not. Q. Will you return, Mr. Barnes ? A. I will come down any time. Mr. EocHE. — We will have a list. You can cross-examine him about it. The Witness. — I will bring my tickler right down and I can tell every one; I have them marked off. Q. Will you be here at the next hearing ? A. I will if you desire me to. Q. I would like to have you. By Mr. Roche: Q. These men came to the polls ? A. They came to the polls and hung around. Q. Did you see them in consultation with the Republican workers 1 A. Yes. Q. They went off without voting? A. They went off without voting. Chaeles E. CuNNiNaHAM, being duly sworn, testified as follows: Examined by Mr. Roche: Q. Where do you reside ? A. Town of Hoosick. Q. How long have you lived there? A. About fifteen years, off and on. Q. Have you taken considerable interest in political matters in the town ? A. I have. Q. Are you pretty well acquainted with the workers on both sides ? A. In some of the districts. Q. Do you occupy any position ? A. I am justice of the peace. Q. And are you a member of the town board ? A. Yes. Q. That day, were you acting as a watcher in some district ? A. Acting as a watcher in the fourth district. Q. Your politics were what ? A. Democrat. Q. When the canvass was being made that evening, did you notice any ballots that were marked ? A. I did. Q. About what number ? A. There were nine scattering ballots in our district; justice of the sessions crossed off and some name written on. Q. Was the name written on the name of any person that had been nominated by either party for office of justice of the sessions. A. No, sir. Q. What else was upon this ballot ? A. They were all Republican paster ballots. 29 Q. Was the name of Mr. Derby on for of&ce of senator ? A. Tes; straight Republican ballot; I think one had a paster on for some other county officer. Q. There was but one you noticed in that way ? A. Tes. Q. Do you remember any of the names that were upon these pas- ters, written over the justice of sessions ? A. I couldn't tell you. Q. Did you notice whether the name of John Doe was written on any of them ? A. I couldn't say as to that. Q. What is the political complexion ordinarily of your district? A. Runs from twenty to thirty-three Republican. , Q. Mr. Collins has been a candidate for office in our county several times ? A. Yes, sir. Q. As a rule has he run ahead of his ticket ? A. He has run ahead of his ticket, three years ago and one year ago, for congress. Q. Was that the case this year ? A. This year I think he run even but I am not sure, or one or two behind. Q. Is there some large mill in your district ? A. There is a paper mill there. Q. Who are the superintendents, the bosses of that mill? A. Stevens & Thompson run the mill, and Frank Sfevens is the general superintendent. Q. Was Mr. Stevens a worker at the polls that day ? A. He was. Q. What are his politics? A. Republican. Q. What, ^ anything, did you see him doing there ? A. I saw him working around in a general way; approach the men as they came up to the polls, speaking to them and giving them paster ballots as an ordinary worker there would. Q. Were some of those men employes of the mill? A. Yes, sir; some of them. Q. How near was this to the polling place ? A. Part of the time it was within ten fen feet of the building; part of the time he would walk down to meet them, anywhere from 100 to 200 feet, as they came from the mill. Q. You may state to the committee anything else that you observed that day in relation to the conduct of election or any violation of election laws that you noticed ? A. I was a watcher at "the polls and had charge of the canvass book and of the team to send after the voters, and several times I spoke to. the board and asked them to exclude the Republican watchers who crowded in between the opening and the guard-rail; they would crowd in there in the excitement, talking, and at least four or five times I had to speak to the board to ask them to exclude them; at one time 30 I saw a man come up with a paster ballot and hand it to Frank Stevens; he looked at it and tore it up and threw it away, and I was about as far as I am from you and I heard him say, " you don't want to vote that, here is what you want to vote," and gave him one out of a pad in his pocket. Q. Paster ballot ? A. Yes, sir. Q. How near was this to the polling room ? A. I should judge it was about as far as from here to that door from the building, right in the roadway in front, fifty to sixty feet from the building. Q. He took this man's ballot, tore it up and told him that wasn't what he wanted to vote ? A. Yes, sir. Q. What were these people doing in there when they were crowd- ing in this room around the guard-rail ? A. There were different circumstances; at one time there was an old man who was unable to see and he wished to have some one help him prepare his vote and they were crowding in there objecting to it and trying to pull him out. Q. We don't mind about that, that was legitimate; I only ask for such practices as were in violation of the election laws ? A. They had blocks of pads of the paster ballots in their hands, but I saw none passedf out in the room; I saw them hand them to no one; one man came to me with a terrible tale of woe; they had promised to give him five dollars and only gave him two dollars; I heard him talking to one of the Eepublican workers; the Eepublican worker said that was all he had to give him; he said if he had known that he wouldn't have voted; he had promised him five dollars. Q. Anything else that you know of you may state? A. I don't remember anything else particularly. Mr. BooHE. — You may take him. By Mr. Wellington: Q. Do you know what the majority was in this district at the last election ? A. I think it was thirty-sevenl Q. For Mr. Derby ? A. That was the head of the ticket. Q. There was a slight Eepublican gain over last year ? A. I don't remember what it was last year; the usual majority is about thirty- three Bepublican; it has been as low as twenty, but the usual majority is thirty-three. Q. The majority this year was about the usual majority ? A. This year it was thirty-seven. Q. Who is this Mr. Stevens that you spoke of ? A. Frank Stevens, the son of the proprietor /of the mill; general superintendent of the mill. 31 Q. Is he a Eepnblioan ? A. Yes, sir. ' Q, Do you know what ticket the man finally voted ? A. I don't know except what I was told ; excuse me, I misunderstood you. Q. Do you know what ticket that man voted whose paster ballot Mr. Stevens tore up? A. I do not ; he was counted a Eepublican. Q. He is, anyway ? A. Tes, sir. Q. Did Mr., Stevens solicit votes inside the building that day? A. Not that I saw. Q. Whatever he did outside was as much as forty or fifty feet away from the building ? A. Part of the time he stood on the steps of the building, covered steps, and spoke to voters as they came up and hand them paster ballots. Q. What were you doing that day? A. I was a watcher and had charge of the team to send after Democrat voters. Q. You didn't have anything to do with giving out paster ballots ? A. I gave out, I think, two ballots late in the afternoon. Q. Did you do that 150 feet away from the polling place? A. Tes, sir ; it was more than that. Q. You don't know how thesp nine , marked ballot came to be marked in that way 1 A. I do not. Q. This man came to you saying that he had been promised five dollars to vote the Eepublican ticket; was he a Democrat or a Eepub- lican ? A. He is put down in the list as doubtful. Q. Had he voted ? A. Yes, sir. Q. Had he been paid f A. He had been paid two dollars. Q. Do you know who it was that paid him ? A. Yes, sir. Q. Who was it? A. Dr. W. E. Fox. Q. Was he handling any inoney on that day ? A. I don't know as to that. Q. Do you know who it was on the Democrat side that was hand- ling money on that day ? A. I do not only by reputation. Q. Who by reputation ? A. Four or five boys asked me to go and have a drink, said they had money. Q. Do you know who it was that was buying votes on the Democrat side? A. I don't know of any votes being bought. Q. From what there w:as told you did you not know votes were bought by the Democrats ? A. I did not. Q. Who were the four or five others that were handling money on the Democrat side ? A. A man by the name of John Flynn. ' Q. Who is another ? A. James Delaney. v Q. And another? A. A man by the name of George Dalton. Q. Another ? A. I don't remember. 32 Q. Did you see these men at work inside- the voting places on election day? A. No, sir. Q. "Were they all outside ? A. All outside, as far as I saw. Q. Did they keep away at the statutory distance ? A. I couldn't say as to that. Q. Didn't you observe they came over the line ? A. I never meas- ured the distance; I was inside the building most of the while; I knew they were not working inside. Q. Do you know, either of your own knowledge or from what you heard, where these men that were handling the money — these Demo- crats that were handling the money — took the voters that were approached ? A. I didn't say they took them anywhere. Q. Do you know from what you heard ? A. No, sir. Q. "Was there any saloon near by there ? A. There are four. Q. Didn't you know by reputation which one it was the Democrats went to,? A. No, sir. Q. Do you know how much money these Democratic workers had ? A. I do not. Q. Did you hear ? A. I heard fifty dollars. Q. Each? A. No; the whole five. Q. Ten dollars apiece ? A. I don't know how it was divided. Q. Do you know what the vote was, the total vote in the district ? A. I can't tell you exactly; in the neighborhood of 300. Q. Do you know what it was last year ? A. I think it was more last year than this year. Q. Do you know how much ? A. I do not; I don't remember the figures. Q. How is it that you could see this Mr. Stevens on this particular instance within the limit and never observe the Democratic workers outside ? A. My attention was called to it by seeing him snatch the vote out of the other man's hands. Q. Tou don't mean to swear the Democratic workers did not approach the polling place within the statutory distance ? A. I didn't swear. John Campbell, being duly sworn, testified as follows: Examined by Mr. Eoche: Q. "Where do you reside ? A. Hoosick Falls. Q. In what election district ? A. First district. Q, Ho\^ long have you lived there ? A. About fourteen years. Q. Are you pretty well acquainted with the political workers on both sides ? A. Yes. . 33 Q. On the day of the last election were you somewhat busy around the polls ? A. I was up there mostly all day. Q. Were the Democratic voters, or those who were supposed to be Democratic voters, rather slow in getting to your polls? A.. Very slow; in fact they didn't get there until near noon. Q. How was it accounted for and what did you do in tiie matter ? A. The shop had just started up and men had gone to work. Q. What do you mean by the shop ? , A. Walter A. Wood Mowing and Reaping Machine Company; the men had gone to work after four months slack and they were a little timid about coming out. Q. When was the start made ? A. In November. Q. Immediately before election ? A. Yes, sir. Q. About how many men were employed in the works ? A. When they are running full, I understand about 1,200. Q. It is the great establishment of the town ? A. The only establishment. Q. Was that place at work on the day of election ? A. ¥es, sir. Q. What, if anything, had been the custom in former years in regard to the shop being kept going? A. I have known them to shut down on election day and men run off easy. Q. What, if anything, did you do when you foyind that men sup- posed to be Democrats wern't getting to the polls? A. I went myself after dinner over to the shop; we found they wern't coming out; I went over about 2 o'clock or half-past 2 and wanted to go in and the gate-keeper stopped me and said, "No outsider shall go in to-day." ' r Q. Did you afterwards have any talk with any of the men in regard to their absentation from the polls ? A. I did, and they said they didn't feel like coming out for fear something would be said about/it, and it was rumored around if they went out and happened to stay too long, they might be called over. Q. Tou had been in the shop before, without being kept back ? A. Oh, yes; walked in and out; well acquainted with the gate-keeper. Q. Withput any question ? A. Yes, sir. Q. This day he wouldn't let in ? A. No. Q. No outsider? A. No outsider. Q. Did you, while around the polls that day, observe persons coming there apparently to vote, and going away without voting ? A. Every man, in fact, was stopped by a party of three or four, and some had business off, after they had got through talking with themi 5 34 Q. Who were they stopped by? A. Mbstly Bepublicans; they seemed to be running the machine and had full control of everybody in my estimation. Q. Where a number of those people whom you saw talking with Eepublican workers, Democrats ? A. Yes; all Democrats.. Q. State whether they voted or not. A. I believe the inspector told me some thirty odd Democrats didn't vote. Q. Of your own knowledge, did a number of Democrats who came there apparently to vote approached by Eepublican workers, and did they go off without vesting ? A. Yes, sir. Q. Can you state to about what number ? A. I know of eight or ten myself. Q. Were you present when the canvass of the votes was had that evening? A. I was inside and lost two dollars worth of cigars on the result ? Q. How did you come to lose ? A. I bet Collins would have, thirty majority and they bet he wouldn't. Q. Didn't he ? A. fie had ten. Q. That was a falling off from what he was expected to have in the district ? A. He always ran ahead. Q. That is a wprkingman's town? A. Yes; and a big Democrat town. Q. Mr. Collins has, in all his former canvasses, been generally known as a workingman's candidate ? A. Well liked by the working peopled Q. What did you .observe, if anything, that evening while the can- vass of the votes was in progress or at its conclusion as to any ballots being marked ? A. I could see only one man at a time ; there were three counting ballots; I could see some were marked, some pasted, some scratched off. Q. How were they marked ? A. That I couldn't swear to what they were marked on; some odd name wrote on. Q. Was that over some particular name ? A. Pretty well down on the county ticket and down along about justice of the sessions; some office that didn't amount to nothing. Q. About how many were marked in that way as to the office of justice of the sessions ? A. To the best of my recollection, from nine, eleven or thirteen; something along there; I know there was a great deal of talk about it afterwards, how they came to scratch a particular ' name. Q. Did you hear whether they were marked by any name of any person who was running for an office ? A. I heard they were marked some very odd names; people I never heard at all of before. 35 Q. Never heard tell of them in that village ? A. No; never ran for any such office. Mr. EooHE. — You may ask him. By Chairman Eoesch : Q. Can you give us some of those names ? A. I couldn't swear particularly what they were. By Mr. Wellington: Q. Did you see the ballots ? A. I was inside and looked at the men counting them over, that is one man; I could see one man. Q. Were they all paster ballots ? A. Yes; I don't know whether they were all paster ballots. i Q. Were you in the same district as Mr. Barnes? A. No; I am in the first district. Q. You aren't in the same district as Mr. Cunningham? A. No, sir. Q. These ballots that were marked in this way, how many of them did 'you see? A. I saw seven or eight, I should think, happened to be in that pile; they thro wed out the marked ballots one side and of course the marks were peculiar and we all took notice of them. Q. Were ^they throwa out- of the count ? A. N6; they put the splits, as they call them, one side, then they counted those afterwards. Q. Did you examine each ticket ? A. No; I did not. Q. Do you know whether those tickets contained the names of Kepublican candidates or Democrats ? A. Eepublican candidates. Q.' AH of them? A. Yes; I was interested in sheriff and I noticed qto. the tail end of the count the way they were scratched over, marked out. Q. Did you see any of the tickets marked in that way that were Democratic tickets ? A. There were Democratic pasters in there; I didn't see any of those marked. Q. Did you see any Democratic paster ballots that contained the names of persons you never had heard of ? A. Nf>. Q. Do you know whether there were any such ? A. I don't know. Q. This shop that you speak of, who was it that would not allow you to enter there ? A. There is a man at the gate, we go across the bridge and there is a small entrance and every man has to go through the entrance, and a gate-keeper sees every man. Q. Do you know who that was? A. Yes; Peter Wolf ; been there for years. Q. He was acting under orders ? A. I suppose so. « Q. Were those workingmen denied their right to vote'.on that day? A. That I couldn't say, but they were very timid about coming out. ^ 36 Q. Was it because of the fact the works had lately commenced ? A. I heard them say afterwards, talking among themselves, that it was better for every man who had a job to see that his work was done that day, and if he could get out in time to do his work and get money ; molders get out about 3 or 4 o'clock when they get their work up. Q. That is the rule of the shop, isn't it ; that wasn't done for polit- ical purposes? A. I was never stopped from going in any other time. Q. This rule the workingmen should be careful and not spend too much time away on election day was not done for political purposes ? A. That I couldn't say. Q. Don't you know who was in the management and control of that shop ? Ai Most every boss in that shop is Eepublican except one. Q. Don't you know who is the head now of the corporation ? A. Walter A. Wood. Q. Don't you know who is "at the head of it ? A. A man by the name of Warren. Q. Walter P. Warren, of Troy ? A. Yes, sin Q. He is not a Eepublican ? A. I couldn't say. Mr. EooHE. — He isn't a Democrat. Q. Don't you know Mr. Parsons, who is connected with the works there is a Democrat ? A. ¥es ; I do. Q. Are the majority of these men in the works Democrats ? A. The workingmen 1 Q. Yes. A. Yes ; I should judge two-thirds. Q. Do you , know whether any of them remained away from the polls on that ^ay ? A. In my district they ran short something like twenty-five to thirty. Q. Of the men at work there ? A. Of the men that were in there and outside ; I don't know what ior they remained away. Q. Do you know whether a greater number than usual of men that worked in there stayed away from the polls on that day? A. Seemed to. Q. Don't you know it is a fact, every year, every single one that works in those works doesn't get out to vote? A. On spring election they all come out; there is no opposition at all. Q. Do they always in the fall election ? A. I never knowed it to occur before only once, I believe, or something like that; presidential elecj)ion, something like that. Q. Do they always come out at other elections? A. Yes; usually. Q. All of them ? A. I couldn't say all of them. 37 Q. It is a fact there is always a portion of the men that work in there that do not come out ? A. There may be a few. Q. How many men work in there ? A. I believe about 1,200, Q. How many do you know of that 1,200 that didn't come out to vote? A. All I know is my own district; they ran twenty-five or thirty short. Q. How many men were in your district that worked there ? A. I should judge two-thirds of the people in my district work in the shop. Q. Have you heard it said by any one that the men in charge of the departments for political purposes suggested to the workmen that they should not come out? A. Oh, no; they wouldn't do that. Q. You don't think the heads of the departments would do such a thing ? A. They might hint it out, it is better to have their work done and no fooling around. Q. Do you think that at the last election any single one of the heads of the departments for political purposes kept the men in? A. It looked very bad. Q. Who were the men that did it ? A. That I don't know. Q. Can you name a single one of the heads of the departments there that kept the men away from the polls on that day? A. No, sir; I could not. ■ Q. How many of the heads of the departments were in your dis- trict ? A. Do you mean bosses ? Q. Tes. A. I think there is one or two. Q. Are they both Eepublicans ? A. I think they are. Q. Are you sure? A. Tes; pretty sure. Q. What are their names? A. One is Lemming; he works in the office; lives in my district; another name ig Willard; he lives in my district. Q. Is it your opinion those men kept workmen away ? A. I couldn't say that. Q. Do you charge them with that? A. No; but it looks funny the men couldn't get out on that particular day and on the spring election they always come out. Q. How do you know they couldn't get out ? A. Prom the fact they didn't come out. Q. Tou assume they couldn't because they didn't? A. In the spring elections our supervisor runs from 250 to 300 majority; the men all come out in the village. Q. Have you anything to base that suggestion of yours on except the bare fact that some twenty or thirty of the men did not come out? A. They started a rumor of that kind; sort of a scare-crow for the 38 men; I don't know what purpose it had but they didn't come out; they didn't vote. Q. You know nothing more of the matter than what you have stated? A. I know there were men come out to vote and were approached by parties and went ofE and didn't vote; six or eight to my knowledge, and they went back, and I know that the rest didn't come outj and at half-past 2 I went over myself and couldn't get in the shop; they were shut off for that day; never shut off any other day; lised to be customary to go in with a pocket full of tickets, and pass them around under the old law, and the men would walk out and they would have their tickets when they came to the polls; have them in their vest pocket; this particular year they were shut off. Q. Did not any of the men from the works, in your district, come out and vote on election day? A. Oh, yes; some voted in the noon hour, from 12 tb 1, along like that. Q. They had no trouble in getting out? A. No; I suppose not. Q. Those men that came out and voted were not all Republican ? A. No; I should say not. Q. They were Democrats ? A. Some of them. Q. Weren't they in the majority ? A. Oh, no. Q. I mean of those who actually came out and voted from the works? A. No. Q. You say there was a certain number of men that came out of the works to vote ? A. Yes. Q. And did vote ? A. Yes. Q. They were workmen ? A. Yes. Q. In the shop ? A. Yes. Q. Of those that did come out there were some Democrats ? A. Yes. Q. Wern't there more Democrats than Republicans ? A. I should say not; that district ought to be thirty or forty Democratic and it ran behind some. Q. How much ? A. Over thirty. Q. Wasn't it Democratic? A. Yes; by five. Q. Wouldn't that be accounted for by the men that remained in the works ? A. That would be accounted for by the Democrats staying away. Q. You know of some Republicans that stayed away ? A. None that I know of, I am not so well acquainted with the Republicans. Q. Isn't it a fact in all elections there are some Democrats stay away and some Republicans stay away? A. I should judge there are. 39 f Q. Do you know what the total vote was in the last election? A. No; I do not. Q. What is your district? A. The first district. Q. Of wtat? A. Hoosick Falls. Q. There are nine districts in all? A. Tes.sir. Q. There seems to be about ^37; Flower received 171 and Fassett 166; do you know what the tptal vote was a year ago in that district? A. I think it ran over 400. Q. Are you certain about it? A. No; I wouldn't be sure. Q. How about the year before that? A. I think on the register they had over 400. Q. About the vote a year ago, do you know what the vote was ? A. I couldn't say particularly about that. Q. Do you know what the total vote was about two years ago ? 'a. Two years ago we voted under the other system; we voted the old way. . i . Q. Can you name a single man in those works that was prevented from coming out to vote ? A. I couldn't say they was prevented from / coming out; the register ran up there pretty well to 400 and we fell short. Q. Don't you know that some of the men that didn't come out to vote were Eepublicans? A. I couldn't say; I should judge there might be a few; the Eepublicans were under full swing; pretty well organized; I think they voted to a man. Mr. Wellinqton. — That is all. By Mr. Eoohe: Q. However it was produced, ^you know there were a number of men employed in that shop who ordinarily vote the Democrat ticket and have the reputation in the community of being Democrats ' who didn't come out and vote that day ? A. Yes. Q. Tou also know a number of Democrats who did come out to the polls with the apparent purpose of voting and were solicited by Eepublican workers and went off without voting? A. Yes; they had a private conversation and went off. Q. These defeistive ballots that were cast were counted? A. Yes. Q. This name of justice of the sessions is at the end of the ticket ? A. Yes, sir. Q. Those paster ballots were Eepublican paster ballots ? A. »Yes; we noticed that. 40 James Dohekty, being duly sworn, testified as follows: Examined by Mr. Koche: Q. '^here do you reside ? A. Hoosick Falls. Q. In what election district? A. Fifth. Q. Were you around the polls on the day of elecftion ? A. Yes, sir. Q. What doing? A. Watching. Q. Tour politics are Democratic? A. Tes, sir. Q. What do you know about men abstaining from voting that day ? A. I know there was a good many of them kept in the shop and a good / many of them sent away; paid to go away. Q. How do you know these things? A. Because there were two young fellows that went to work and were sent away; they came and ■ showed me their tickets and ten dollars apiece that was given to them. Q. Who were those men ? A. A brother of mine and Cornelius Crowley. Q. What is your brother's first name ? A. Charles Doherty. Q. Where were their tickets for ? A. Lime Kock, Connecticut. Q. Who did they obtain these from; did you understand? A. They told me from Levi P. Worden. Q. How far did these men go ? A. They went to Petersburgh. Q. Petersburgh is a railroad station beyond Hoosick? A. Four miles beyond Hoosick. Q. What did they do then ? A. They turned around and walked back and came to me and showed me the tickets and went and sold the tickets back to the agent, and got, I don't know how much. Q. They got the difference between what it would cost to go to Lime Eock, Connecticut, and the actual cost of their travel betw'een Hoosick and Petersburgh as you understood ? A. Yes, sir. By Chairman KoesOh: Q. In addition to the tickets you saw the ten dollars ? A. I saw the ten dollars and the tickets both. By Mr. Eoohe: ' . Q. What are those men ordinarily?' A. The brother of mine is a molder and so is Crowley. Q. What are their politics ? A. Democratic. / Q. Do you know of any other men being sent away that day ? A. I know four that money was given to to go hunting. Q. You don't know what they shot, I suppose ? A. No. 41 Q. What do you know about their going off hunting ? A. They told me they were going hunting, and they got twenty dollars. Q. Twenty dollars each ? A. Twenty dollars both for expenses. Q. Did you see their money? A. No; I did not see their money. Q. What were those men's politics ? A. Democrats. Q. Do you know of any Democrats that paid them to go away ? A. No, sir. Q. You didn't ? A. No, sir. Q. Did you notice any marked ballots there during the canvass that evening? A. Yes. Q. Upon the name of what office were the marks ? A. Justice of sessions. / Q. How many of those did you notice? A. Seven. Q. State what name for the office of senator was upon those ballots? A. Mr. Derby's. Q. Did you have any conversation last evening with these men who it is said were paid to go off to North Adams to escape a subpoena here? A. Yes, sir. Q. What do you know about it ? A. They showed me money they had received from Lawyer Greene to go to North A^ams, and after they got to North Adams they were to be paid twenty dollars apiece in the Wilson House. Q. Barnes thought it was the Eichmond House? A. The Bichmond House I do mean. Q. Did you have any conversations with any men who stayed away from the polls that day and who assigned any reasons for it? A. A good many of them told me they didn't dare come out of the shop for fear of losing their job. Q. Is that shop ordinarily closed so the men are afraid on election day to attend the polls? -A. Yes, sir. Q. State whether or not any of those men said to you they were better paid to stay inside than to come out or anything in substance to that ? A. There was a couple of old fellows told me they were Democrats, that I know always votedthe Democratic ticket, told me they would get more money to stay inside than to come out and vote. Q. Did any persons cOmb to the polls with the apparent purpose of voting who, on being approached, went away ? A. Yes, sir. ,Q. How many, to your knowledge? A. There were probably a dozen; I know there was thirty-seven in our district that didn't vote; Democrats that always had voted the Democrat ticket. Q. The Democratic vote was short about thirty-seven ? A. Yes, sir. 6 42 Q. Were those persons solicited apparently by Eepublican workers; a number of them who came there and went away ? A. Yes, sir. Q. What else are you able to state to the committee about the way in which the election was conducted thd,t day there; any other facts within your knowledge; any other electioneering within the polling place or near it ? A. No; everything went on in our district prettyi well. Q. Aside from what you have mentioned, things went on appar- ently all right ? A. Yes, sir. Mr . EooHE. — I think you may ask them. By Mr. Wellington : Q. How many were there that said they got more money for staying in than coming out? A. A couple of old gentlemen. Q. What were their names? A. Denny Gleason and the other Shaw. Q. Did they tell you how much they got ? A. No. •Q. Did you understand from what they said they actually got • money? A. No, sir. Q. What was it they said to you ? A. I asked why they didn't vote and they said they would get more money by not voting. Q. They got more money for not voting than they would have got- ten if they had voted ? A. Yes, sir. Q. Was it expected to pay those two men for their votes? A. No; they got money from the Republican party if they would stay inside. Q. You said they mentioned they got more for staying in than for voting, had they ordinarily been men that sold their votes? A. I don't think those people ever sold their votes. , Q. Were they ever paid for voting? A. .No; I don't believe they was before; they probably had got a dollar before that they spent for beer after they had voted. Q. Formerly they were paid on election day if they voted; I don't mean paid for their vote, but were given a little something if they voted? A. No ; not before this; I don't think they had been. Q. What did they mean by saying they had made more by staying in ? A. That people had given them money to stay in and not vote. Q. How much would they have been paid if they had gone out and voted ? A. They wouldn't have got nothing. Q. That is what they meant by saying more ? A. They probably would have lost a couple of hours at the shop for going out and voting. 43 Q. Do you know that as a fact ?' A. No ; I don't know whether they docked them or not ; I suppose they thought so. j Q. Do you know of a single instance where the men were charged with the time they spent in going to vote ? A. No, sir. Q. Did these men tell you who paid them to stay in there ? A. No, sir. Q. Do you know of any other instance where men were paid to stay away ? A. No ; only what I have told you. Q. Do you know of aAy others in the shop ? A. No, sir. Q. Which was your district % A. Fifth. Q. Have we had any testimony on the fifth district yet ? A. I guess not. Q. Is it a Democratic district ? A. Tes, sir. , Q. What was the Democratic majority ? A. Thirty-six. iQ. What was the total vote? A. I can't just tell, somewhere around 300. ' Q. Do you remember what it was last year ? A. It wasn't quite aM many this year as it was last year. Q. Do you know how much it fell short this year? A. It fell short, I guess, some twenty-five or thirty. Q. What was the Democratic majority* last year ? A. Sixty-nine or seventy. Q. The year before this the town hadn't been redistricted ? A. No. Q. You spoke of two men who were paid to go to Lime Eock; had tickets given them ? A. Tes, sir. Q. But they didn't go? A. No. Q. They came back ? A. Yes, sir. Q. And they voted? A. I don't know whether they voted or not. Q. Didn't they tell you they voted ? A. Oh, yes; they voted all right afterwards. Q. They voted the Democratic ticket ? A. I don't know. Q. They are Democrats ? A. They are supposed to be. Q. They told you they voted ? A. I saw them when they went to vote. Q. You didn't see any Eepublican approach them when they went to vote ? A. No; because they had before that. Q. Did you see any Democrat give them a paster ballot? A. No; no Democrat went near them. Q. Didn't they say anything about what ticket they voted the next day? A. I didn't hear them say anything. Q. Didn't you know they were boasting they got money from the Eepublicans to go away, and yet they had come back and voted the Democratic ticket? A. No, sir; I didn't hear them. 44 Q. Don't you know that was the fact? J A. I don't know anything about that. Q. What were their names? A. One was a brother of mine, Charles Doherty and Cornelius Crowley. Q. You spoke of four that were claimed to have been paid to go hunting; what were their names? A. I don't want to give those people's names. ' Q. I think you ought to give them. A. I refuse to give them. Q. There is no way we can meet the proof unless we have the names. Chairman Eoesoh. — The witness must give those names. What are the names of those four men ? A. Will French, a brother of mine, Dan, and Tom Burns and Jim Graney. Q. Did they go hunting? A. I think they did. Q. Did they vote ? A. I don't know. Q. Don't you know they did vote; they were in town on election day, weren't they ? A. Yes, sir. Q. They had the opportunity to vote ? A. Yes, sir. Q. Don't you know they did vote ? A. I don't know nothing about them; I wasn't watching them people. Q. Didn't they tell you afterwards that they had voted ? A. Not that I know of. Q. When was it they told you about having been given twenty dol- lars ? A. They were laughing over it a few days after. Q. Didn't they at that time say they voted all the same ? A. I didn't hear them. Q. You know perfectly well they voted? A. I don't know; they might have voted. Q. They were Democrats ? A. They might have told me they did vote and might have told me they didn't; I couldn't believe them; could I? Q. You can't swear they stayed away from the polls? A. I don't know nothing about whether they stayed away or not. Q. They were Democrats ? A. Yes, sir. Q. You haven't the slightest idea they voted the Eepublican ticket? A. I don't know nothing about that. Mr. Wellington. — That is all. • By Mr. Roche: Q. Did you, or any Democrat to your knowledge, or that you have heard of, purchase these Lime Rock tickets for these two men? A. No, sir. 45 Q. Or give any money or offer any inducement to these other men to stay away from the polls? A. No, sir. Mr. EooHB. — That is all. By Mr. Wellington: Q. How many Democratic workers were there at this voting place ? A. There were probably three or more, more or less. Q. The board of inspectors was Democratic? A. Np; not all of them. Q. I mean by that they were in the majority ? A. Yes, sir. Q. Who was it that had the Democratic money on election day ? A. I didn't see any Democratic money that day. Q. Didn't you see any money at all ? A. I had a little money of my own. Q. Don't you know who it was that was handling the money on the Democratic side ? A. I couldn't tell anything about that; they all seemed to have money, whether it was Democratic money or what money it was I don't know; I had some money myself, but it was all mine. Q. Did ypu pay it out on election day ? A. No, sir; I kept it in my pocket. Q. Didn't pay the money out to anyone ? A. No, sir. Q. Or the next day ? A. No, sir. Q. Do you know of a single man that worked in the shop, aside from the two that you have given that was in any way prevented from going to the polls to vote in your district? A. No, sir; but I know there was a good many in there that was afraid to come out. Q. There were a good many that did come out? A. I don't know any that came put; I know a good many stayed in. Q. Don't you know it is a fact some did come out ? A. They might have, but I didn't see them. Mr. Wellington. — That is all. . William H. Herrington, being duly sworn, testified as follows: Examined by Mr. Eoche: Q. Where do you reside? A. Town of Brunswick, Rensselaer county. Q. Were you inspector of election in one of the election districts at the last election ? A. Yes, sir; fourth district. Q. Who were your associates ? A. Thomas Green was the chair- man, Republican, and John G. Adams, Repubjican. Q. Two Republicans and one Democrat? A. Yes, sir. 46 Q. Describe the arrangement of that polling place ? A. The room was fourteen and one-half feet by seventeen and one-half; it was a harness room inside the stage barn; the stage barn is very large; the guard rail was a short piece of hemlock board, about five feet two inches long; it was nailed on the inside at the door, distant eight feet and five inches from the outside, from the par- tition ; against the partition was the polling booth, which was three feet and a half square, and that left the polling booth, with the door closed, about five feet from the guard rail ; with the < door open brought it three feet and a half nearer. Q. It wasn't a distance of six feet from these booths? A. No, sir. Q. About what time did you commence receiving votes that morn- ing? A. At the coromencement the Republicans refused to organize unless I would appoint a poll clerk to please them. Q. Unless you would appoint a poll clerk to please them ? A. Yes ; or a Republican poll clerk. Q. Did you have two poll clerks ? A. Yes, sir. Q. What were they ? A. Democrat and Republican. Q. They wanted you to name a Democrat to suit them ; is that it ? A. Yes ; the Republican ; they objected to my poll clerk and the inf erenee was they wanted a poll clerk to suit them ; I was not an elected inspector, I acted as a substitute ; I wasn't an appointed inspector by the supervisor who did appoint the inspector whose place I took, and I proposed to appoint my own clerk. By Chairman Roesoh: Q. You were neither appointed or elected ? A. Yes. Q. The inspectors appointed you? A. Yes, sir. By Mr. Roohe: Q. About what time did you commence voting ? A. This argument in regard to the poll clerk took up several minutes; I think we organized at 9.10 a. m. Q. State whether or not there was any boxes of pasters ? A. No proclamation made as to the opening of polls; at 9.40 a box of Republican pasters was placed on the tables. By Chairman Roesoh: Q. At what time are the polls supposed to open ? A. Nine o'clock in the morning. By Mr. Roche: Q. Go on. A. At 9.40 William Calhoun, I supposed he was a Republican watcher, although he had no authority, came in and 47 placed the box of pasters on the table; on the table where the ballot- boxes were and where the inspectors were. Q. What pasters were those ? A. Eepublicah pasters. Q. Did they have th^ name of Mr. Derby on for the office of senator? A. I don't know; I didn't examine them. Q. Did you know what they were sufficiently, to know they had the names of Republicans on? A. Yes, sir; they were understood to be BepubUcan pasters. Q. Were those openly and publicly upon this table where the official pasters were ? A. Yes, sir; they were in a paste-board box. ^ Q. What are Calhoun's politics ? A. Republican. Q. How long did those remain there? A. Remained there all day. Q. At any time during the morning did you see anybody take any pasters from that box ? A. Yes; Mr. Calhoun and Mr. Adams, at 10.15 a. m. Q. What were Adams' politics ? A. Republican. Q. Did you protest against those pasters being left there? A. I had no objections to their doing all illegal acts they chose to, they were in the majority. Q. Did you say they ought not to be there ? A. I called attention to them, that is all. Q. Did you call attention to them in such a way that it was contrary to law? A. I didn't tell the Republican inspectors they should no,t be there. Q. Which district is this? A. Fourth district; at the corner of the / stone road and cross road. Q. What was done when the voting began in regard to the stubs and the unvoted ballots 1 A. The Republican chairman put them all in one box. Q. The stubs that were torn off and the unvoted ballots that had been handed to electors to vote, but which they didn't vote; were all put in one box? A. All put in one box; I looked up the law on the question and read it to him, and then he changed and kept the stubs in a separate box. Q. After the canvass were those sorted out in any way ? A. The Republican chairman took the box in his corner and sorted the stubs and unvoted ballots; I suppose he sorted out the stubg. Q. Did you notice any person who was taken in the booths that day . of the election that were physically disabled? A. Yes, sir; two; one William Coon swore he couldn't see. 48 Q. What do you know about Coons ? A. I know lie could see; he was an old man; as far as eyesight was concerned, it might have been dim, but he was not what I should consider physically disabled. Q. Who else ? A. About 11 o'clock John Snowberger; Jacob Adams ran in the booth with him; he was a middle-aged man; the inspector and Eepublican poll clerk remarked, he was blind drunk was the only trouble with him. Q. The alleged disability was blind drunkenness ? A. The inspectors and clerk; there was a third case at the close of the polls; one of flie Republican inspectors was anxious to get in a vote of John Film, I think it was, and as soon as he got to the door he left the table and went to the booth with him without any oath. Q. Without any oath being administered at all ? A. No, sir. Q. Who was it went in with him? A. John G. Adams, one of the inspectors. Q. Did that man come out and vote? A. No, sir; that man came out and left the room, carrying the ballots with him; the Republican chairman chased him and got the ballots back; one ballot, I think, he took out, the balance he found in the booth, and there were none of them disfigured in any way and we closed the polls. By Chairman Eobsch: Q. Without taking this vote? A. He didn't vote; it was just at the close of the polls. Q. Did he offer td vote ? A. No, sir. By Mr. Roche: Q. He presented himself there as a voter? A. Tes; he went in the booth as a voter; he was a registered voter; took the tickets and went in the booth and Adams went right in with him and he left the booth and went out. Q. Do you know what transpired in there ? A. No, sir. Q. Could you overhear anything ? A. No, sir. Q. Was there electioneering conducted in that polling room or within the statutory distance that day ? A. The barn outside was full of voters and people electioneering, it was a notorious fact they elec- tioneered, and some remarked they came right into the room. Q. How near was it to the polling place? A. The polling-room was a harness-room inside of a barn ; supposing this to be the barn. Q. It was a room in which harness was kept; what was there to mark it from the rest of the room ? A. It was partitioned off from the barn separately. 49 , Q. Was the access easy from the rest of the barn to the harness- room? A. Single door. Q. People in and out there all the time ? A. Tes, sir. Q. Who was the Eepublioan leader in that district? A. I don't exactly understand you. Q. Who apparently had charge of things that day? A. Jacob G. Adams and William Calhoun were the Republican watchers, I suppose. Q. Was Mr. Eichard A. Derrick there? A. While we were canvass- ing the votes he came; Mr. Derrick proposed to have my poll clerk arrested if he acted. Q. Derrick is chairman of the Republican courxty committee, or has been? A. I think so. Q. He is the Republican supervisor from the town ? A. Tes, sir. Q, What became of the voted ballots ? A. After the voted ballots were canvassed I passed them over to the Republican chairman; I kept the tally-sheet, and I have never seen them since. Q. You don't know whether they were burned or returned to the county clerk's office? A. I went to his house to assist in sealing the box and to file the returns to the county clerk and supervisor and town clerk, and then I went with him to assist him in sealing the box and I , put the four packages of unvoted ballots in the box; the voted ballots were not to be found. Q. How close to the official ballots was this box of Republican pasters ? A. The official , ballots were with the ballot clerks at a separate table, but the ballot-boxes were on this table. Q. That is where the inspectors were? A. That is where the inspectors were and where the voting was done. Q. Were any of those lianded out in there? A. No; I don't suppose they were distributed in there, but Mr, Adams and Mr. Calhoun came to the box and took out pasters when they wanted them. Q. Those were in plain sight of the voters as they came in and announced their names and expressed their desire to vote? A. Yes, sir. Q. (Presenting.) Is this a diagram of that room made by you ? A. Yes. Q. Does that correctly represent the room? A. Yes, sir. Mr. Roche.— We offer it in evidence. (Marked " J. M. R.") By Mr. Wellington: Q. Did you see anybody take any of those paster ballots there ? A. I said William Calhoun and Jacob G. Adams came in and took out paster ballots from the box during the election. 7 50 Q. I understood there were some Bepublican paster ballots that were placed upon a table in the room ? A. In a box. Q. It wasn't the ballot-box? A. Hardly. Q. Just a small box ? A. I don't think they could get their ballots in the ballot-box. Q. You didn't see anything of that kind done ? A. No. Q. You didn't see anything of that kind attempted, of forcing ballots in the ballot-box? A. No; I don't think there was any ballot- box stuffing there. Q. Never has been any such thing attempted there; has there? A. "Never" is an indefinite word; there was nothing of that kind attempted that day. Q. Have you ever known of anything of that kind being attempted in that district? A. I have never known of anything of that kind being attempted in any district, that is no question to ask; I don't know anything about it. Mr. Whitman. — That is objected to as immaterial. Q. How long did those ballots remain in that box ? A. All day, I said, during the voting. Q. Did you see a single voter take one of those paster ballots out of that box? A. Did you understand what I said; that Calhoun and Adams, Republican watchers, who are also voters, came there and took pasters out whenever they chose to. Q. They were using them in electioneering ? A. I suppose so. Q. Did you see any voter come and take one of the paster ballots, provide himself with it and then go in a booth ? A. I have tol J you all I saw; no, sir. Q. Did you see a single voter come in and take one of the paster ballots, and, with that paster ballot in his hand, go in a booth ? A. No; we would probably have fired him out of the window. Q. Did you see such a thing done? A. No, sir; I have said no, sir, three times. Q. I haven't yet got at the. point of the alleged irregularity. Mr. EooHB.^- Don't you think it is a very great irregularity to have a box of paster ballots in the room ? , Mr. Wellington. — Depends upon circumstances; it might be a gross violation of law. I can't discover it amounted to anything in this case. Chairman Boeboh. — Out of order; go on with the examination. Q. Did you watch the count? A. I kept the only tally sheet, the Republicans attempted to keep jone and failed; I think my poll clerk also kept one. 61 Q. Do you know what the total vote was ? A. It varied with the different candidates; the total vote on Derby was 152; Collins, thirty- four. Q. Do you know how they compared with a year ago? A. I think it was 187; I was also inspector a year before. Q. The Eepublican vote was less this year than ye^r before? A. I am not speaking of the Republican vote but of the total vote; I think in the district there were about 304 Eepublicans in all, and the Eepublican vote, the total vote both Eepublican and Democrat, was 207; the vote for Mr. Derby was 152 and for Mr. Collins thirty-four. Q. That is this year ? A. Yes, sir. Q. Do you know the relative Eepublican and Democratic vote last year? A. Tes; the Eepublicans are ten to one there; there are about 304; the Democratic vote is from thirty to thirty-five, the same as a year ago; the district has only been organized two years. Q. There was no irregularity in the count of the ballots, was there ; you don't know of any voter who was denied his right to cast his vote ? A. No, sir. Q. Tou don't know of any ijlegal vote being cast? A. No, sir. Q. And the ballots that were deposited were all deposited by lawful voters ? A. As far as I know. Q. And they were all carefully counted ? A. As far as I could tell; . there were ten to one Eepublicans and it required pretty sharp eyes to watch them ; I did my best. Q. As far as your own knowledge extended ? A. I did my best to keep them straight. Q. Tou were successful? A. I can't say, I did my best. Q. You think you were reasonably sucessful ? A. A good many things I couldn't regulate ; we reported to Mr. Derrick this guard- rail was not properly placed ; he said, " we won't me.aaure the room, we won't know anything about it.'' Q. Did you discover on this election any attempt on the part of any of the Eepublicans to treat the Democrats unfairly ? A. No ; I don't know that I did otherwise from these illegal arrangements. Q. That is, as to the size of the room and so on ? A. The two Repiublican inspectors attempted to beat me at euchre on election day and failed. Q. You didn't know of anything that rendered the election unfair; you don't know of any unfair attempt made by any Eepublican to get the best of any Democrat ? A. I don't think they got much the best of the Democrats. 52 Q. Do you know of a single instance where an attempt was made to deprive a Democrat ot his vote ? A., No, sir. Q. Or to have an unfair election ? A. No, sir. ' Q. As far as you know the election was perfectly fair ? A. Tes, sir. By Mr. Roche: Q. Do you mean to include in that the putting of those pasjter ballots on the table? A. I mean of receiving and depositing and counting the votes and returning the result. Q. You don't include the other things ? A. No; I don't include any of those acts which were contrary lo the ballot law. Michael F. Joy, being duly sworn, testified as follows: Examined by Mr. Whitman: Q. Where do you reside ? A. Fort Ann. Q. What county ? A. Washington. Q. Are you an elector of the town of Fort Ann ? A. Yes, sir. Q. Did you vote there at the last election ? A. Yes, sir. Q. What election district do you vote in ? A, District No. 2. Q. Will you state in which building notice was given by the inspectors of election that a registry of the voters would be taken and what building ? A. In the Eoot building, I think. Q. When registration day came where was the registration taken ? A. Corning building, in the town clerk's ofiBce. Q. A building separate and some ways distant from the building in which they had given notice they would take the register in ? A. Next building. Q. Where was the election held ? A. In the Eoot building. Mr. Whitman. — That is all. By Mr. WiiLrNGTON: Q. How many men registered at the last election? A. I think about 250 or 300. Q. Was the district the same as last year ? A. No; I think not; I think they changed the district. Q. No way of comparing the register this year with last year? A. No; because I think they made a change. Q. Do you know of any voters who were misled by this change ? A. No; I couldn't say in regard to that. Q. Do you know of a single one who failed to register by reason of the fact the registering was done in another building ? A. No. Q. Do you think any were ? A. No. 53 Q. The election so far as you know was fair? A. Yes, sir. Q. And the result was correctly declared ? A. Yes, sir. Q. Do you remember what Mr. Derby's majority was in that dis- trict ? A. I think it was about sixty odd. Q. How did they come to make a registry in the building adjoin- ing ? A. I don't know, really. Q. What did you hear ? A. I didn't hear; only the board went over, and it wasn't a fit place to go in, and they went in the clerk's office in Cortiing's. Q. The room that was designated originally wasn't fit to make the register in ? A. They didn't find a fire in there or something. Q. It was cold and they went in a room in the adjoining building ? A. Yes; they went in the next building and held the registry. John M. Gill, being duly sworn, testified as follows: Examined by Mr. Whitman: Q. Where do you reside ? A. Greenwich, Washington county. Q. Are you an elector of that town? ^. Yes; I am a voter. Q. How many years have you voted there ? A. Fifteen. Q. Did you hold any official position as a member of the election board at the election of last fall ? A. Poll clerk. Q. Of what district ? A. First district, Greenwich. Q. Who were the members of the board ? A. Joseph H. Henderson was one, Henry L. Morey and Matthew Heron. Q. What were their politics severally? A. The ones I named were Eepublicans, always been known as such and the other a D^ii'iocrat, I think. Q. Have you any knowledge of any persons voting there who claimed to be physically disabled and were permitted to take parties with them in the booth ? A. I have. Q. How many? A. Thirteen. Q. Did you know these men personally? A. I knew them personally, each man. Q. Was any man of the thirteen personally disabled? A. They couldn't read. Q. Had they any physical disability; their eye-sight ? A. That was a question I couldn't decide myself; as far as I knew they were not physically disabled. Q. You knew they could walk about the streets? A. Yes; they could dig a ditch. Q. Do you know who accompanied these thirteen men in the booths? A. I do, because I sat there as poll clerk and knew. 54 Q. Who was the gentleman? A. One of them was our county treasurer, James O. Lavake; he is the county treasurer of Washington, county. Q. Elected on the Republican ticket? A. Yes; he had more votes than the Democrat had. Q. Who was the other? A. Stephen L. Stillman, postmaster of Greenwich. Q. Is he the appointee of President Harrison? A. Yes, sir. Q. Did you find any marked ballots among them when you came to count the votes ? A. Two. Q. Were they counted ? A. They were counted. Q. How were they marked ? A. The justice of sessions was marked off of those tickets; pencil mark written on there; we didn't know what it was; we couldn't tell; we counted them. Q. What was the ticket ? A. John H. Derby. Q. As the candidate for senator in the sixteenth district? A. Yes, sir. Q. Do you know Thomas and Robert Emerson ? A. I do. Q. Did they vote in that district that day? A. They swore their votes in. ' Q. How long had they lived in the district? A. Twenty-eight days. Q. Any other facts that you know of that would cast any light on election in that place ? A. A good many I could tell you, but I don't want to. Mr. Whitman. — You can cross-examine for the present. By Mr. Wellington: Q. How many men did Mr. Lavake take in the booth ? A. I think Lavake took in a majority. Q. Did the Democrats take any men in there? A. They did, two. Q. Were they physically disabled? A. Yes, sir; perfectly disabled. Q. Do you mean to say that no one of the thirteen was physically disabled? A. Not one of the thirteen was physically disabled. Q. Could they all see ? A. Certainly. Q. And could prepare their ballots? A. No; they couldn't that, because they couldn't read; if that is physically disabled, all right. Q. There were two men that voted that hadn't resided within the district? A. Yes; only twenty-eight days in the district. Q. What ticket did they vote? A. These men I can't tell you; I have an opinion, but I ain't going to tell what my opinion is even on that. 55 Q. What was the Eepublican majority; Mr. Derby's majority in that district? A. There were 304 votes cast in that district and Mr. Derby got all but ninety-five. Q. Two hundred and nine majority? A.. Plurality. Q. Assuming that those thirteen votes that were cast were not properly cast, these men that were not physically disabled, assuming they were all cast for Mr. Derby, and assuming that the two ballots that were cast by those who were not entitled to vote were cast for Mr. Derby, that would make fifteen; do you know of any ballots that were cast on that day that were improperly cast? A. I do not; no, sir. Q. If those fifteen were deducted from Mr. Derby's majority he would still have a majority of 194 in that district ? A. Certainly. Q. Have you any doubt at all that that wasn't an honest majority ? A. Tou ask my opinion ? Q. Yes 1 A. My opinion is it was not. Q. What was his honest majority? A. His honest majority you can't find out. Q. What do you think? A. I don't want to say that; it you compel me I will. Q. I want to know what, in your opinion, the honest majority was in that district; it is a Republican district? A, Yes; but there are some Democrats there too. Q. It is a largo Republican district? A. Yes; like St. Lawrence, it you please. Q. Did you see any votes cast by persons who were not entitled to vote, except these two instances ? A. No; I did not. Q. Did you watch the counting? A. Yes, sir. Q. Was not the counting correct? A. The counting was perfectly correct except two votes. Q. The result was accurately declared except those two votes ? A. Yes. Q. There is no doubt then that according to the ballots that were put in the box by lawful voters, Mr. Derby's majority was at least 194? A. It should have been that the way you figure it, but not the way I figure it. Q. The way you figure it ? ^A. I will leave it at that. Q. You were not willing to State regarding those two votes, but I say, assuming those votes were cast for Mr. Derby, there is no doubt the ballots cast on that day by lawful voters, accurately counted, legally declared, show a majority for Mr. Derby of at least 194? A. 56 I don't admit that; there is thirteen you must take out of that, he was not entitled to; they were not cast legally. Q. His majority on the face was 209, and I had taken out fifteen from that, and it was left 194 ? A. We will take 194. (Question repeated.) A. If your figures are correct, that is all rfght. Q. There were 304 votes ? A. Yes, sir. Q. All but ninety-five were for Mr. Derby ? A. Yes, sir. Q. That would leave a majority of 209 ? A. Yes, sir. Q. You subtract the fifteen from 209, leaves 194? A. I will agree to that. Q. Was not the Republican majority there this year smaller than usual? A. I think not; no; in fact, I know it wasn't; they changed the districts. Q. Was this particular district a different one from the district of a year ago ? A. Yes, sir. Q. There is no way of comparing the vote this year with last ? A. Hardly. Q. How about the whole town ? A. The Republican majority was about as heavy as ever. Q. Wasn't it considerably less than last year 1 A. No; in fact I know it wasn't. Q. Will you state the number that Mr. Lavake took in the booth ? A. I have told you already he might have taken seven; he and Still- man took thirteen. Q. Will you swear he took in more than five ? A. Yes; I think I would swear to that. Q. Could you name the men? A. They are on the poll clerk's list. Q. You don't now remember all their names? A. I couldn't answer; I got a subpoena duces tecum, but I didn't bring the books. Q. Were those two votes that were cast by men who had not been in the district thirty days disputed cases ? A. Yes. Q. Did the men claim they had resided there ? A. They did. Q. And were they old residents of the town ? A. Not very old. Q. How long have they lived in the town? A. About five years. Q. They were lawful voters somewhere in the town ? A. Yes. Q. It was only a question as to which district they should vote in ? A. Yes; put it that way. Q. Do you understand they voted more than once, these meti ? A. I didn't say so. 57 t Q. You don't mean to suggest they voted in this district and also voted in some other district in the town ? A. I wasn't in the other districts. Q. They were reputable citizens ? A. That is a matter of judgment. Q. They were really disputed cases? A. Yes, sir. By Mr. Whitman: Q. Tou said the Emersons were challenged ? A. Yes, sir. Q. What party workers challenged them ? A. Democrats. Q. Who was it advised them to swear their votes in, if any one? A. Stephen Stillman. Q. Who is he ? A. Postmaster of Greenwich. Q. When you say, in answer to the counsel's question, that the result for Derby was correct in that district, you mean mathematic- ally ? A. Yes, sir. Q. You don't mean to say it correctly expressed the will of the people in that district? A. I didn't say that; I tried to explain that wasn't so. Q. Where was the polling room ? A. In the opera house. Q. Is there a hall way to that opera house ? A. There is no hall- way but a stoop; entry right in the opera house. Q. How far is it from the entrance of the polling place to the stoop which is on the street? A. It is right on the street and the stoop goes up, seven steps, then you enter right in the opera house without any hall except a narrow hall of three feet. Q. Would a person on those steps be within 150 feet of the polling place ? A. Yes, indeed. Q. How many feet would he be. A. Within twenty feet. By Mr. Welungwon: Q. You say you don't consider those figures accurately express the will of the people? A. I did not say that; I said they might be mathematically correct but not otherwise. ' Q. In answer tc Judge Whitman they did not express the will of the people ? A. I don't think they did. Q. Is that based on any facts that you know? A. Yes, sir. Q. In your judgment what do you think Mr. Derby's majority would express the will of the people ? Mr . Whitman. — That is objected to as incompetent, immaterial and speculative. Mr. Wellington.— The witness has said that he did not think this result expressed the will of the people, I want to know what majority he thinks does express it. 8 58 Chairman Eoesch. — The committee is divided on that matter but the majority is of the opinion, as is the chair, that the witness ought to state -what, in his opinion, expresses the popular majority for Mr. Derby in that district. A. Well, I should put it at about 188, that is to be strictly mathe- matically correct now. By Mr. Whitman : Q. Do you know 188 is the majority ? A, Tes, sir ; that is what his majority ought to be. By Chairman Eoesch : Q. That is mathematically, popularly and politically correct ? A. Politically correct. MicHABTi Hebbon, being duly sworn, testified as follows : Examined by Mr. Whitman : Q. Where do you live ? A. Greenwich, in the county of Washington. Q. Are you a voter in that town? A. Tes, sir. Q. In what district did you vote last fall ? A. Tirst district. Q. That is the district which Mr. Gill, the last witness, testified he was poll clerk ? A. Tes, sir. Q. Do you know John Stillman ? A. Tes, sir. Q. Is he the Bepublican postmaster of that place ? A. Tes, sir. Q. The appointee of President Harrison ? A. Tes, sir. Q. Was he an active worker at the polls on that day? A. Tes, sir. Q. Was he peddling pasters ? A. Tes, sir. Q. Did you see him within the hallway of the opera house or on these steps, or giving posters to voters in that district ? A. Tes, sir. Mr. Whitman. — That is all. By Mr. Wellington: Q. What was the majority in this district for senator; do you remember? A. I don't. Q. Is it a Republican district or Democratic ? A. Bepublican. Q. Do you know how many Democratic workers there were at the polls on that day ? A. I couldn't tell you. Q. Did any of them peddle pasters within the statutory limits ? A. I don't know. Q. Tou wouldn't swear they did not ? A. I couldn't swear. Q. Did you? A. No, sir; I did not. Q. Don't you know, as a matter of fact, men were occasionally rather careless about that distance from the polls ? A. I don't know how that is. ' 69 Q. Do you know of any other fact than that stated that would lead you to say the election was unfair ? A. I haven't said at all. Q. So far as you know the election was fair ? A. Tes, sir. Q. So far as you know the ballots deposited were all lawful voters? A. I don't know how that is, whether lawful voters or not. Q. Tou don't know there were any unlawful votes cast? A. I couldn't tell you. Q. Did you watch the count? A. No, sir; I, did not. Q. You don't know whether it was correctly announced or not? A. No, sir. Q. That was a Republican district last year ? A. Tes. Q. Do you know whether Mr. Derby got more than what is under- stood to be the Republican majority there ? A. I don't know. Q. Did you see any Democratic worker working within 150 feet of the polls? A. I didn't. Q. Did yoii see this Republican working there all day ? A. He was back and forth there; I didn't see him all day, because I wasn't there myself all the while. Q. For how long a time did you see him within the limit ? A. I saw him several times through the day. Q. He didn't remain inside there? A. No; he was out and in, the same as the rest. Q. There wasn't any difference between one party and the other in that respect? A. I wouldn't notice only the Republican any way, you know. Q. Do you know how many men this Republican gave paster ballots to within the line ? A. I couldn't tell you; I just saw him show them and tell them bow to put them on; he had another there to show them how to &S. them. Q. How far away from the polling place did he do that ? A. Twenty or twenty-five feet; something like that. James Murphy, being duly sworn, testified as follows : Examined by Mr. Griffiths: Q. Where do you Uve? A. In kiddle Granville, Washington county. Q. In what election district is that ? A. Number four. Q. What position, if any, did you hold in that election district on the occasion of the last election ? A. I was watcher at the polls. Q. What are your politics ? A. I vote the Democratic ticket myself. Q. Tou were a watcher in the interest of the Democratic party there? A. Tes, sir. Q. Tou were present at the close of the polls ? A. I was. 60 Q. At the canvass of the votes ? A. Yes, sir. Q. Tell this committee just what transpired at the counting of the votes ? A. There were eight votes that we protested against having counted. Q. Why? A. Because we thought they were defective; there were six of them that had pasters on the outside; on the back of their ballot, and there were two that the pasters were lost off it when the ballot was open. , Q. When those were reached in counting the ballots were they laid aside ? A. They were laid aside until the other ballots were counted. Q. Then they were taken up ? A. Yes, sir. Q. A proposition was made by some one to count these; who made that proposition ? A. I couldn't say for certain. Q. Which inspector ? A. I think it was made from some outsiders; I am not certain how that started; at any rate they took a vote to see whether they would count those ballots or not. Q. The majority said to count them ? A. Yes, sir. Q. You say they did count them ? A. Yes, sir. Q. Which side did they count, the back of the ballot or the face of it? A. Faster; they counted the pasters in the official ballots. Q. I understand that these paster ballots were pasted on the back of an official ballot ? A. Yes, sir. Q. And therefore there was a ballot on the front, or on the face side; there was a ballot on that side and also a paster on the back? A. Yes, sir. Q. They counted the paster ? A. Yes, sir. Q. What were those pasters; Republican or Democrat? A. As near as my memory serves me now there were six of them Bepublican, but that I am not positive of now. Q. That is your best recollection ? A. That is my best recollection, and there was one Democrat and one Prohibitionist. Q. Did you protest against the counting of these votes ? A. Not personally; Mr. Lyons, my associate, did. Q. What position does Mr. Lyons hold 1 A. Watcher. Q. Is he the chairman of your committee ? A. Yes, sir. Q. Of the Democratic committee? A. Yes, sir; of the county committee. Q. Chairman of the Democratic county committee of Washington county? A. Yes, sir. Q. Who was it who urged this board to count these tickets ? A. Do you mean the outsiders ? 61 Q. Yes ? A. I can't say exactly, because there were quite a number around there. Q. Do you recollect the name of any person? A.. I think Mr. Whitmore was there, and I believe he wanted them counted. Q. What is his politics ? A. He is a Republican. Q. Formerly a school commissioner? A. Yes, sir. Q. You say by a vote of the majority of the board of election these votes were counted ? A. Yes, .sir. Q. And against the protest of the Democratic watchers ? A. Yes, sir. Mr. Griffiths. — That is all. By Mr. Wellington: Q. Do you know what ticket the ticket was upon which these pasters were put ? A. I do not. Q. You can't tell whether it was a paster on a Democrat ballot or 'not? A. No. ,Q. Do you know what Mr. Derby's majority was in that district? A. He didn't have any. Q. What was Mr. Collins' majority ? A. I forget, now; I think it was something about twenty-one or twenty-two; although I won't be certain. Q. It was a small majority; is it a close district? A. Yes; it is a close district, I think Q. How does it compare with last year ? A. I don't recollect about last year. Q. Aside from these ballots the election was a fair one? A. Yes; aside from those ballots, I think it was. ^Q. And the result as declared expressed the will of the people in the district? A. I presume so, as far as I know. Q. Was the board of inspectors Democratic? A. One Democrat and one Bepublican and one Prohibitionist. Q. Do you remember how the Democratic inspector voted in the matter of counting these defective ballots ? A. I think he voted for counting them, but I won't be certain. Q. So far as you know, the ballots that were deposited in the box were deposited by lawful voters ? A. As far as I know. Mr. Whitman. — We simply make the claim, under the law, these ballots were defective, and should increase that much the majority of Senator Collins in that district. Mr. Wellington. — They were not to be counted for Senator Collins. Mr. BocHE,— Taken from the vote of Mr. Derby. 62 Matthew Hebron, being duly sworn, testified as foUoTTs: Examined by Mr. Whitman: Q. Where do you reside ? A. Greenwich, Washington county. Q. And voted there? A. Yes, sir. Q. Were you one of the inspectors in district No. 1, of that town, at the last election ? A. Yes, sir. < Q. What do you know about any marked ballots being found in the box ? A. We found two. Q. How were they marked? A. With a lead pencil; we couldn't tell what they meant. Q. What mark was on them? A. Simply no mark at all; just marked with a lead pencil. Q. What were the ballots ? A. Republican. Q. Was the name of John H. Derby on it for senator ? A. Yes, sir. Q, Were they counted ? A. Yes, sir. Q. Was there any dispute or contention as to whether or not they should be counted ? A. No, sir. Q. Do you know James O. Levake ? A. Yes, sir. ' Q. He is the county treasurer of Washington county ? A. Yes, sir. Q. Elected on the Eepublican ticket twice ? A. Yes, sir. Q. Do you know of his going in the room with persons who claimed to be physically disabled ? A. Yes, sir. Q. What do you know about the men being physically disabled with whom he went in, or were they men who could see so far as you could discover? A. I don't know, they go around the street all right. Q. Able to walk ? A. Yes, sir. Q. Walked in the polling place without assistance ? A. Yes, sir. Mr. Whitman. — That is all. By Mr. Wellington : Q. Are you from the same district as Mr. Gill? A. Yes, sir. Q. This testimony is in reference to the same instance that Mr. Gill referred to ? Mr. Whitman. — Yes, sir. Q. Do you remember that one of the men went into one of the booths and came out and claimed he could not see, and asked for Mr. Levake to go in with him? A. I think I do; I remember his coming out. Q. Do you know anything about that particular case, whether the man could see or not? A. No; I don't remember now whether he could or not. 63 Q. Do you remember whether at the time there was any protest made against Mr. Levake taking any such men in there ? A. No, sir. Q. There was no protest? A. No, sir. Q. At the time did you think it was an irregularity? Mr. Whitman.— That is objected to as what the witness thought. Mr. Wellington. — I will waive the question. Chairman Eoesch. — If that rule is made to apply to both sides equally there will be considerable testimony excluded. Mr. EooHB. — We want it to apply only when it goes in the domain of law. Q. Were hot these men that Mr. Levake took in the booths old men? A. Not all of them. Q. How many do you think he took in ? A. I couldn't say. Q. Would you swear he took in over five ? A. I wouldn't swear. Q. Mr. Levake is here in this room ? A. I think he is. Q. How many of those that he did take in were old men ? A. I couldn't say that. Q. Three or four? A- I don't know how many there were; I don't know how many he went in with. Q. Do you know that some of them he went in with were old men and claimed they could not see, that they had left their glasses at home? A. That is what they claimed. Q. And they called for Mr. Levake and asked him to go in with them ? A. I don't know. Q. Did you know the men themselves ? A. Yes, sir. Q. Were they reputable citizens ? A. Most all of them. Q. Bespectable men ? A. Pretty near all of them. Q. At the time you didn't doubt that they were honest, did you, when tiej said they couldn't see ? A. I thought at the time they could see. Q. All of them? A. All of them, most all of them; I wouldn't say aU of them. Chairman Roesoh. — Have you any witnesses to go on with this afternoon ? Mr. EocHE. — No; but we understand there are witnesses be/ng subpoenaed in Washington county for to-morrow morning. Chairman Eoesch. — Have you any witnesses to go on with this afternoon? Mr. RooHB. — No; I didn't know these witnesses were being sub- poenaed at this time. ^ Chairman Eoesoh. — By what time in the morning can these wit- nesses be here ? 61 Mr. Whitman. — Half -past 9; can be here at 10 o'clock. Chairman Eoesoh. — The committee stands adjourned until 10 o'clock to-morrow morning, with the understanding they will go" on with such witnesses as may be on hand until about 1.30 to-morrow afternoon, and then stand adjourned until Monday morning at 10 o'clock. The committee then adjourned to Friday, January 8, 1892. Fbiday, January 8, 1892, 10 a, m. The committee met pursuant to adjournment. Present — Chairman Eoesch and Senator Endres. Chairman Robsoh. — We are ready to proceed. Michael Beodebic^, being duly sworn, testified as follows: Examined by Mr. Whitmau: Q. Where do you live ? A. Whitehall. Q. Are you a voter in Whitehall ? A. Yes, sir. Q. Did you vote at the last election ? A. Yes, sir. Q. Do you know where you voted; what place? A. Up over John Brett's store. Q. What ticket did you vote? A. I couldn't tell you. Q. Who gave you the ticket you were to vote ? A. I got four of them from the board and I took the four into the stall. Q. Did you get anything before that from anybody outside to paste on? A. Yes; I got a paster from Patrick Casey. Q. Was Patrick Casey working there at the polls that day ? A. No; I met him on the street. Q. Was he peddling tickets ? A. Yes. Q. Did he promise to give you anything if you would vote that paster? A. Yes ; he said, " I will make you a present of five dollars." Q. Did you vote that paster that he gave you ? A. Yes; I put it on some of them tickets, and I couldn't tell which of them four tickets I put it on. Q. And you voted it ? A. Yes. Q. Did you see him that evening after the polls closed 1 A. Yes. Q. What did he give you? A. Five dollars in about an hour afterward. Q. Do you know what party Casey was working for? A. I think he was a Republican; I couldn't swear, but I think he was. 65 Q. Did he tell you so ? A. No, sir; he didn't tell me any such thing, and I didn't ask him. Mr. Whitman. — You may ask it. By Mr. Wellington: Q. Tou seem a little weary this morning? A. Yes; weak, nervous; I didn't feel well for the last week, and I got two teeth pulled out yes- terday by Dr. Poote, and I am kind of nervous to-day; my teeth are all loose. Q. You had a bracer this morning ? A. No, sir; if I had a chance this morning I would, but I didn't. Chairman Koesch. — I want to call attention to what was an uninteja- tional mistake yesterday on the part of the witness and the counsel likewise; the majority of Mr. Derby was spoken of as being 194, the total vote was 304; there was ninety-five votes for Mr. Collins, leaving 209 votes for Mr. Derby; there were fifteen votes subtracted which were defective and otherwise questionable, leaving 194, and counsel and witness yesterday spoke of Mr. Derby's majority as being 194. That is evidently a mistake, the total vote having been 304, Mr. Collins' ninety-five left Mr. Derby's vote 209 and Mr. Collins' ninety-five votes should be substracted from the 209 votes to get the majority, leaving the majority 114 instead of 194. Petee Beadlbt, being duly sworn, testified as follows: Examined by Mr. Eoohe: Q. Where do you live ? A. Greenwich, Washington county. Q. Were you a ballot clerk at the last election ? A. Yes, sir. Q. What district ? A. First district. Q. You are a Democrat in politics? A. Yes, sir. , Q. There has been some evidence given here in regard to two men having voted in "that district whose right to vote there was questioned; what do you know about those men? A. Those, two men I know; they lived only twenty-eight days in that district; they voted. Q. Do you know the names of one of them ? A. Their names are Eobert and Thomas Emerson; these two men came to me, or one of them came to me, and told me he went and found out he didn't have a right to vote; he went and seen a lawyer in the town, and a day or two before election he came and said he was going to try to vote any- how; they told him to try to vote, and he came there and his vote was challenged' Q. Are these men Republicans ? A. Yes. 9 Q. It was understood by you they lived about twenty-eight days in the district ? A. I am sure they lived only twenty-eight days. Q. Tou knew them well ? A. Yes. Q. One of them gave you to understand, the day before election, he had no right to vote ? A. Might have been two or three days. Q. During the canvass of the ballots, did you notice any ballots that were marked ? A. There was two ballots marked. Q. In what way ? A. In the justice of sessions, there was kind of a mark there ; one of the men on the board spoke about it at the time it was being counted. Q. Were those ballots actually counted ? A. Yes, sir. Q. Were they Republican ballots ? A. Yes. Q. What was the mark ; describe generally the mark ? A. Kind of an " " written aside the justice of sessions. Q. Sort of a circle? A. Yes; this man spoke about it, and said it looked as though it was a private mark. Mr. EooHB. — That is all'. By Mr. Wellington: Q. Where did these two gentlemen named Emerson live before they moved in this district ? A. They lived in one district and moved ihto another. Q. What district was it they lived in first? A. District No. 3, I think. Q. How long had they lived there ? A. Seven or eight years. Q. They were reputable men ? A. Yes. Q. Do you know just the date when they hired the house in your district ? A. They built this house in this district. Q. That is your district ? A. Yes; district No. 1. Q. When was it finished? A. I don't know; they moved there on the 5th day of October. ' Q. Do you know whether they had taken anything there before that day ? A. I can't say. Q. You don't know really when they took possession of that new house? A. The first night they slept there .was the fifth of October. Q. You base your testimony on the fact that the first night the family slept in the house was the fifth of October ? A. Yes. Q. And upon that you say the gentlemen had not resided there more than twenty-eight days? A. No; he paid rent in this otlier dis- trict until the fifth of October. Q. Do you know that to be a fact? A. Yes. 67 Q. Aren't you swearing to wbat eomebody told you ? A. No; I am personally acquainted with this man. Q. How do you know they paid rent until the fifth ? A. They stayed there until the fifth and I supposed they paid rent there as long as they stayed there. Q. They had to sleep somewhere ? A. Yes, sir. , Q. These men swore in their vote, didn't they ? A. I don't know whether they swore it in or not. Q. You don't remember whether they were sworn? A. I don't think they were sworn. Q. Were they challenged ? A. Yes; they were challenged. Q. Don't you remember they were sworn and they swore in their vote ? A. -No; they didn't swear in their vote. , Q. Were you present at the time when the registry was made ? A. No, sir. Q. Do you know whether they registered in person? A. Yes; they were registered. Q. Did they go there personally to register? A. One of them did^ anyhow. Q, You don't know about the other ? A. I don't know. Q. Do you know when they commenced to build these new houses ? A. They commenced to build •probably three months before they went to live there. Q. You are not able to swear these gentlemen didn't take something to the new houses before they slept there? A. No; I couldn't swear that. Q. In fact you know they did? A. No; I do not. Q. They had to sleep on beds ? A. Certainly. Q. Didn't they commence to move before the fifth ? A. No; they moved all in one day. Q. They might have taken some things? A. Yes; they stayed out of their work on the fifth of October and did all their moving in one day. Q. When you say that you knew that they were not residents more than twenty-eight days, you don't mean to swear that you know what took place in those men's minds in the matter of choosing a residence^ how do you know what they intended on the subject of residence ? A. Why, certainly not. By Mr. Eoohe: Q. You do know that one of them thought that at one time during that period that he hadn't a right to vote, but he afterwards c)ianged 68 \ his mind and said he was going to try and vote there; did he tell you that? A. Tes; we got talking about it the day after they moved, and we told them they had lost their vote, and he went to a lawyer in town, and this lawyer was a Republican he went to, and in a few days before election he came to me and said he was going to try and vote anyhow. Q. Did you work with one of these men ? A. I work in the same shop they do; both of them. Q. Tou are well acquainted with them ? A. Yes. Q. Tour relations were friendly ? A. Yes. By Mr. Wellington: Q. Were you present at the time the vote was counted ? A. Yes. Q. Was it counted correctly ? A. I suppose it was. Q. You don't know anything to the contrary ? A. No. Q. Outside of these two marked ballots, these two cases, do you know of any illegal act on election day? A. No; if they call this electioneering around the raU and inside the rail illegal; that is all. Q. So far as you know, men were perfectly free to vote? A. Perfectly. Q. Democrats were given all their rights, in th^t respect? A. Certainly. Q. And Republicans; so that it was a perfectly fair election? A. I suppose it was. Q. You have no complaint to make that the Democrats were treated unfairly, have you? A. The only difference I saw there, there was one or two Republican workers; a Mr. Barber was a Demo- crat worker; Mr. Bartow would come once in a while; this man that had the tickler, to see how many men he wanted to vote, and he would call him outside the rail, and the Republican worker would come inside, and this man that had the Democratic tickler says : ' " You come in here the same as the Republican does," and the chairman of the board told Mr. Barbour not to come in there until they made a rule not to let any of them in; that is the only difference I see. Q. That didn't affect the result in any way? A. No; certainly not. Q. So far as the question of legal voting was concerned, and the counting of ballots and the declaration of the result, it was a fair election ? A. I suppose it was. Q. And the result expressed the will of the people in that district? A. Certainly. 69 John Monahan, being duly sworn, tertified as follows: Examined by Mr. Roche: Q. Where do you reside ? A. Greenwich. Q. Were you around the polls on the day of election? A. I was. Q. In what district ? A. First. Q. What did you observe relative to the manner in which the election was conducted? A. I saw Stephen Stillman, the postmaster, up to Greenwich, and James Leyake, the county treasurer, within 150 feet of the polls with paster ballots, catching about everybody they could in the loose line. Q. How near were they? A. I saw them at one time within twenty feet of the polls, within twenty feet of the booths. Q. They are Republicans? A. They are supposed to be. Q. Were they active workers there that day ? A. They were, very. , Q. And used these paster ballots continually? A. Yes; almost constantly. Q. Did you see Levake going into a booth with any man? A. I did. Q. Who was that man ? A. Robert Coucher. Q. Was Levake permitted to go in on the alleged ground that this man was physically disabled? A. Yes; this man swore he was physically disabled. Q. What do you know as to his disability ? A. I saw him pushing a wheelbarrow around the street every day, and drawing a cart; I don't think there is anything the matter with him. Q. He is apparently a strong, healthy man ? A. I won't go that; he is pretty old. Q. Is he a healthy man ? A. He seems td be. Q. In ordinary health and vigor ? A. Yes. Chairman Roesoh. — He doesn't consider pushing wheelbarrows a test of strength. Mr. RpoHE. — It depends on the load on the wheelbarrow. Q. What appeared to be the course of procedure that day in refer- ence to alleged disabled voters ? A. As far as I could see they were — that is about the only case I noticed, because I was standing right near Mr. Levake when this man came out, and Levake took him into the booth; I was out around outside the building all over the town. Mr. Roche. — That is all. By Mr. Wellington: Q. The man that came up to Mr. Levake, did he ask Mr. Levake to go with him ? A. He did. 70 Q. And he claimed lie couldn't see ? A. He swore he was physically disabled, the man did. Q. And it was not until after he took the oath Mr. Lavake went in with him ? A. That is right. Q. Do you know whether the man could see well, so as to be able to read ? A. May be the man couldn't read; suppose he could read; I don't know nothing at all about it. Q. I mean this, whether or not the man in order to see his ballot, prepare his ballot, would have to wear glasses ? A. I don't know in regard to that; I never saw the man wearing glasses or anything of that kind; I see him around the street; he seemed to have his eye- sight all right. Q. Isn't it true a man can see to walk in the street and not see to read ? A. I will admit that. Q. How old a man is he ? A. I aint much of a judge of human nature; I couldn't say how old a man is. Q. Did he seem to be an old man; what you call an old man? A. Yes; he is what I call an old man. Q. He is a reputable citizen, isn't he ? A. Supposed to be; I have got my doubts though. Q. About this working within 150 feet of the polls, were you a Democratic worker? A. I was; yes, sir. Q. Did you work within 150 feet? A. No, sir; for I kept on the other side of the street. Q. That wasn't 150 feet away ? A. Wasn't it ? the other side of the street was 150 feet; that is according to my mechanical eye; I never measured it. Q. How about the other Democratic workers, were they all that same distance ? A. I wasn't looking out for the Democratic workers. Q. Didn't you see some of them working inside the line ? A. No, sir. Q. Didn't you understand at the time and haven't you since under- stood that both sides got inside the line occasionally ? A. Say, I heard you rule out " say " yesterday. Chairman K6esch. — The witness must not attempt to spar with counsel. Q. It isn't fair to counsel ? A. I didn't hear it; no. Q. Are you from the same district as Mr. Gill that was sworn here; do you know Mr. Gill ? A. I do. Q. He is in your district ? A. Yes. Q. You weren't present yesterday when he was sworn ? A. I was. Q. Was his testimony correct in the main ? Mr. BooHE. — What do you mean by that ? 71 Q. Would you disagree with Mr. Gill in any particular, if so, state it? Mr. Whitman. — We submit that is not a proper way to cross-examine a witness. Chairman Eoesoh. — Tou ought to state to this witness what Mr. Gill testified to. Q. Did you hear Mr. Gill's testimony ? A. I did. Q. As to the number, for instance, that were taken into the booths, you only saw one ? A. That is all. t Q. Tou don't know anything about how many there were ? A. No, sir; I do not.^ Q. As to the number of marked ballots ? ^. I know nothing at all about them; I wasn't there when they were counted. Q. And as to the normal Eepublican majority there; would you disagree with Mr. Gill ? A. Well, what do you mean by that; was it in excess of the previous election ? Q. No; Mr. Gyi, as I understood it, said in his opinion that the fair vote to express the will of the people for Mr. Derby would bo 188 votes for Mr. Derby ? A. I won't say in regard to that; I don't know nothing at all about it. Edwabd Casey, being duly sworn, testified as follows: Examined by Mr. Eoohe: Q. Where do you reside ? A. Greenwich. Q. Were you a voter in the first election district? A. Tes. Q. Were you a watcher in the second election district in that town at the last election ? A. Tes, sir. Q. Did you observe any electioneering going on thp,t day near the polls 1 A. Tes, sir. Q. Within what distance ? A. I saw a paster given to a man within ten feet of the booth. Q. Who was it given by ? A. James Thompson. Q. What are his politics? A. Eepublican. Q. Was he there working during the day as a Eepublican worker? A. Tes, sir. Q. Peddling pasters ? A. He was a watcher and he was peddling tickets, too. Mr. Eoohe. — Tou may take him. By Mr. Wellington: Q. What was the vote of Mr. Derby in that district? A. I don't kaoyr; I knew at the time, but I forgot all about it. 72 Q. Are you a Democrat or Kepublican ? A. Democrat. Q. Were you a worker on that day ? A. I was a watcher, I didn't do no work. Q. Did you see any electioneering done within 150 feet of the polls except in the one instance ? A. I didn't notice anything more. Q. Except that one instancp, ? A. That one instance. Q. Did you know or did you hear that the Democratic workers were occasionally coming over the line ? A. I don't know; I didn't hear. Q. You know nothing about that ? A. I didn't pay much attention to it. Q. Do you. know whether the vote was accurately counted? A. I wasn't there at the time the vote was counted. Q. So far as you observed the election was a fair one, wasn't it ? A. As far as I see outside of that, that poll run along pretty nicely. Q. Aside from that one instance of Mr. Thompson giving a paster ballot within the limit, the election was a fair one ? A. As far as my knowledge. Q. As far as your knowledge goes the majority that was declared for Mr. Derby represented the actual majority of the legal voters of that district? A. YeS, sir. Q. And expressed the will of the people of that district ? A. I didn't hear much talk about it. Q. It is a Eepublican district ? A. Yes, sir ; always has been that I know of. Q. Do you know how the majority compared this year with last ? A. No; the districts have been kind of split up. Q. You don't mean to say this one, instance of Mr. Thompson, giving this paster ballot, affected the result in any way ? A. I don't know nothing about it. Q. It would affect it to the extent of more than one vote ? A. I should not think it would. Mr. Wellington. — That is all. Tbagbt Oowen, being duly sworn, testified as follows : Examined by Mr. Griffiths : Q. Where do you reside ? A. At Whitehall. Q. What is your busness? A. I am a book-keeper for Mr. ' Burleigh. Q. Have you any other occupation in or out of the office ? A. No, sir. Q. Mr. Burleigh is a man active and prominent in Bepublican poli- tics? A. Yes, sir. 73 Q. What is your business here to-day? A. I have just come down because several of our men were subpoenaed. Q. You came down to see what they were going to swear to? A. No, sir. , Q. What have you been doing in that other room with those wit- nesses ? A. Nothing, only to tell them the straight truth. Q. Tell them not to tell that they got money ? A. No, sir. Q. Didn't Mr. Burleigh send you for the purpose of suborning those witnesses ? A. No ; Mr. Burleigh was in New York ; I came down because those men had never been here to know, and I thought I would come down with them. Q. Were you made aware of what they were subpoenaed for ? A. Yes ; they came to the office immediately with their subpoenaes and wanted to know what they meant. Q. You are a Eepublican in politics ? A. Yes, sir. Q. Took a great deal of interest in this last election ; Mr. Burleigh was more of a Eepublican in this last election than he has been for several years ? A. I think not; he has always been a Eepublican to my knowledge. Q. 'How did the town of Whitehall go comparing it with other years ? A. Whitehall went Eepublican. '' Q. This time ? A. Yes. Q. When did it go Eepublican before ? A. I don't know. Q. Hasn't it always given Mr. Collins a Democratic majority ? A. I believe it has ; I don't know the figi^res, but I am saying what I believe. Q. Mr. Burleigh was a little more active, his Eepublioanism broke out anew last fall? A. No, sir; he has always been a Eepublican. Q. Ini regard to his activity and his interest in the election ? A. I don't know, he has always been a staunch Eepublican. Q. Was he not more active last year ? A. I don't know that he was any more than he always has been. Q. You say upon your oath that you hava not had conversation with these men, and telling them not to tell anything concerning their bribery or their being paid for votes or any^^improper influence ? A. I told them to come down and tell the truth. " Q. Is that all you said to them? A. Yes; that is all I said. Q. Was it their personal safety you were so anxious about; did you think anybody was going to injure them ? A. Not in the least. Q. How many were there subpoenaed from your works ? A. I think it was Ave. 10 74 Q. How many from Whitehall, generally ? A. I don't know how many came down; I believe there were about ten or twelve in there; I didn't count them. Q. You were with them on the train ? A. Oh, yes, sir. Q. Came here with them ? A. Yes. Q. And have had them under your care since that time ? A. I have come down with them; yes ; that is all. Q. Did you think that these men were of such a character that they needed your advice and strength tp keep them on the side of truth ? A. No, sir; I just came do^n because they are men who have not traveled a great deal; th^t were interested, of course. Q. That was the extent of your solicitude ? A. Yes, sir; that is all. Q. Do you now recall when either or any of those gentlemen have been called away from home before ? A. I don't remember that they have been away from home any time previous. Q. Isn't that true, that if they had not been subpcBuaed in a matter that you deemed political you never would have paid any attention to it? A. If all the men were coming down to a place of this kind. Q. If the five men had been subpoenaed in any matter you didn't deem political, would you have taken the same interest in it ? A. If, under the same circumstances, the men had been subpoenaed for any- thing, and had rather felt diffident about coming away from home, I might have come down, although I don't know that I would. Q. Politics is the main thing; you take quite an interest in it; Mr. Burleigh has an ambition to represent the district in congress again next fall ? A. I don't know. Q. You were his secretary in Washington when he was there ? A. Most assuredly. Q. You say, then, if this matter had not been a political matter you would not have taken this interest in it, Mr. Burleigh being away too ? A. If the men who have come down here had come away on any busi- ness other than a summons from a subpoena, it would have loeen a matter, they would have been going on their own business; the men were ignorant of the meaning of a subpoena, so they came in and brought their papers to the office and asked what they were to do. Q. You are not alone in the care of these men, are you? A. I don't understand you. Q. Do you know a man named Wicks ? A. Y^es, sir. Q. What does he do up in Whitehall ? A. One of Mr. Burleigh's clerks. Q. He is down here helping you ? A. Oh, no, sir. 75 By Chairman Boeboh: Q. What is he doing here ? A. I don't know that he is in the city. Q. Haven't you seen him since you have been here ? ' A. No, sir. Q. Are you sure of that ? A. I am sure of it. Q. Do you believe he is in Whitehall ? A. I believe he is in White- hall; he was in the office when I left l&,st night. Q. When did you leave ? A. Seven o'clock train this morning. Q. With those witnesses V A. Yes, sir. Q. You are not aware Mr. Wicks is in the city ? A. No, sir. Q. He is employed in the office with you ? A. Yes, sir. Q. You know of no other business that would bring Mr. Wicks to the city ? A. No, sir. ' Q. You know^i no business that would take him from your office and bring him here to Albany ? A. No, sir. Q. If these men had been subpoenaed to come to Albany in a civil action, would you have accompanied them to Albany ? A. If the men had come in — the men as they are men who have not traveled' — if they had come in any matter of that kind, a civil action, I, don't know whether I would' have come or not unless they made a special request; if it was a matter we were interested in I think I would have come; it was a matter, of course — By Mr. Gbiffiths: Q, Is there a man in Mr. Burleigh's employ named Leonard Dalton ? A. Yes, sir. Q. Is he here ? A. Yes, sir. Q. Is he one of these men you have in care ? A. Yes, sir. Q. Do you recaU the fact of his having been subpoenaed a short time ago in an excise case ? A. I do not know. Q. You didn't go with him 1 A. I didn't know he was subpoenaed before. Q. Subpoenaed at the county court of Washington county; if it was BO you knew nothing of it ? A. I knew nothing of it. Q. You didn't have the same solicitude you had to-day? A. No; he said nothing about it to my knowledge in the office; I didn't know he was subpoenaed at all. By Mr. Wellington: Q. Did these men, when they were subpoenaed, know what they were ^subpoenaed for? A. No, sir; the papers were served on them, and not knowing, they came immediately to the office to inquire what the papers meant; they were laboring men. 76 Q. Did they know what was expected to be proved by them; did they know what the other side, what the Democrats, thought they were going to swear to ? A. I don't think the men are well enough informed to know exactly; they are all laboring men. Q. Is it not true that you are a friend of Senator Derby ? A. I know Senator Derby. Q. You are interested naturally in this case ? A. Assuredly. Q. Did this influence you in coming, not knowing what was expected of these men; did you not deem it prudent to be here to listln to their testimony? A. Tes, sir. Q. So that if any errors were made they could be corrected ? A. If I had any power to correct them; I didn't know, of course. Q. Did you attempt by any means whatever — and you are under oath — did you attempt by any means whatever to constrain these men in any way whatever ? A. No sir. .Q. From testifying to any matter whatever? A- No, sir; only just to tell the truth; that is all; the men not being accustomed to anything of that kind. Q. You make that statement as a gentleman under oath, do you; that you did not attempt by any means to restrain them from telling the truth on the witness stand? A. No, sir; oh, no, sir. > Mr. WniTMiN. — That is his chief labor; to have them teU the truth. By Mr. Eoche: Q. Did you tell them what the truth was? A. No; if I told them to tell the truth — Q. In regard to this election matter ? A., Yes, sir. Q. What did you tell them the truth was? A. Just told them the truth was that they voted as honest citizens. Q. Did you tell them if they were asked to say, to testify they were offered bribes on the day of election, that they need not testify to that because it would criminate themselves ? A. Not to my knowledge; I don't remember of telling them any such thing. Q. Is there anybody who has knowledge on the subject except you and these men ? A. No, sir. i Q. You know what you did? A. Yes; I told the men to tell the truth. Q. Why do you qualify it, not to your knowledge? A. I don't remember that the question of bribery was brought into the case with these men. Q. Will you try and refresh your recollection ? A. I am doing the best I can, 77 Q. What did you talk about on the train down? A. I didn't talk about much of' anything; I sat with one of the men and read the paper most of the way down on the train. Q. Did you have no idea what these men were subpoenaed for ? A. I knew, most assuredly. Q. What was your idea? A. I supposed they were coming down here in the interest of Mr. Collins, and that was all. Q. To jjpove what? A. To go forth to prove by them something that would be detrimental to Mr. Derby; that is it. Q. That part of it you wanted to look after? A. Most assuredly. Q. What did you understand that they could prove that would be beneficial to Mr. Collins and that would be detrimental to Mr. Derby ? A. I didn't think of anything; I thought the men might come down here and get all mixed up, and I just came down. Q. What would they get mixed up on ? A. I don't believe any of them have ever been on the witness stand before. Q. You don't know anything about that, do you? A. No. Q. What" did you think they would get mixed up on ? A. I say, the fact of their being on the stand; that is all. Q. If they were mere honest citizens, who did an honest and not an illegal thing on the day of election, £tnd you told them they were honest citizens and should testify as honest citizens, how did you come to think they might possibly get mixed up on such a simple thing as that ? A. I didn't think they would. Q. Did you tell me a little while ago you were afraid theyjould get mixed up ? A. I don't mean mixed up so far as the truth goes; I thought being on the stand; not being familiar; I don't mean any- thing mixed, by anything wrong. Q. Don't you know that even the most ignorant person, and one who has never been on the stand before, if he had got a simple, honest, . straightforward story to tell, will tell that without getting mixed ? A. He ought to, surely. ' Q. These are not artful, cunning men ? A. No, sir; they are very nice men, indeed. ' Q. Nice men to deal with ? A. Yes, sir. Q. Served pretty well in the service of your Superior? A. Very well; good workmen. Q. Did any of these men tell you or suggest to you what they were wanted for? A. Only in answer to the summons to the subpoena; I don't really think the men really appreciated anything about elec- tion, to know far enough what they were coming down for, only they were called down here for some purpose. 78 Q. How do you suppose that these men were picked out of all the voters of Whitehall to come down here and testify ? A. I don't know anything about it, sir. Q. Did it occur to you that it was charged that there was wholesale bribery and corruption in Whitehall on the day of election, whereby a town in which Mr. Collins had always obtained large majorities, and where, because of his labor record, and of his interest in canal legis- lation, and having secured favorable canal legisla,tion for Whitehall, he was always particularly strong among the people, that his majority should have disappeared entirely without any special reason on the day of the last election, and that therefore these persons, among others, were wanted for the purpose of showing how that came about — did any such thing as that occur to your mind? Mr. Wellington. — I object to the question on the ground it par- takes of the form of a political oration. ' Mr. Roche. — But it is a fact all the same. Mr. Wellington. — I submit in all seriousness that such a question ought not to be permitted. Mr. Gbiffiths. — Tou can't make a Democratic speech unless you tell the truth. Mr. Roche. — It is a very simple fact. Q. Did such a thing as that occur to your mind? A. If you will ask me a brief question I will endeavor to answer. ► By Chairman Roesoh: Q. Did you think the object of having these witnesses come here this morning was to have them explain why Mr. Collins did not receive a majority in that tdwn? A. Tou say, did I expect what? Q. The fact appears to be that Mr. Collins in previous years received a majority of the votes in Whitehall; at the last election he did not receive a majority; did you suppose that the object of bringing these witnesses here this morning was to endeavor to account for that change of the popular sentiment toward Mr. Collins in Whitehall? A. I thought the men were coming down here most assuredly for the purpose of assisting in some way in this contested election case. Q. Tou say that you told these men to tell the truth ? A. Tes, sir. Q. Tell only the truth ? A. I told them to tell the simple truth. Q. Was there anything in your mind at the time that led you to think that there was any necessity to caution these men to tell only' the truth ? A. On account of their ignorance I thought it would be better to tell them to tell the truth; I said to the men in this way, ' ' come right out with a bold-faced statement of the truth." 79 Q. Was there anything in your mind at the time that led you to particularly take pains to advise them to tell the truth ? A. Nothing further than to have them tell the truth. Q. Was there anything that happened that you were afraid they would, in their simple manner, being- unaccustomed to appearance as witnesses, reveal ? A. Nothing that I knew of; no, sir. By Mr. Wellinston: Q. The men were Republicans anyway ? A. Yes, sir. Q. These witnesses were Republican; something has been said of Whitehall; do you know anything about the vote in Whitehall in previous years ? A. In figures I don't know. * -Q. Do you remember that Warner Miller carried it? A. If I remember rightly he did, although I can't say to be positive. Q. Do you remember anything about the vote of Congressman Quackenbush and Senator Collins when they were candidates for Congress? A. I can't say; I don't remember the figures; I don't remember the majority. Q. The majority for Senator Derby this last time was only in the whole town a few votes ? A. Very few. Q. How many was it ? A. I think nine, if my memory serves me right. Q. As you remember it. Senator Collins had never carried the town by any large majority? Mr. Whitman. — Four hundred and fifty-five the last time he ran for Senator. Mr. Wellington. — Against Rogers ? Mr. Whitman. — Tes. Mr. Wellington. — Good grief. Mr. Whitman. — You defended Rogers ? Mr. Wellington. — That may be. Q. He never carried it by 400 when he ran against Quackenbusk ? A. I think not. Q. I thought you might be able to state ? A. I don't know. Q. There is one thing that has not suggested itself to your mind, perhaps, and I want to see if it is the truth; had you in your mind that possibly these wicked attorneys oyer here might mix up these men on the witness stand? A. I thought they would if they' could. Q. I mean, seriously, you thought as witnesses they might get mixed up ? A. That is it; ,1 didn't want them to get mixed up. 80 By Mr. Gbitpiths: Q. You are quite familiar with legislative proceedings, are you not ? A. As to Albany ? Q. No, sir; legislative proceedings, national legislative proceed- ings ? A. Yes; I was in Washington four years. Q. Pour years with Mr. Burleigh in Washington? A. Yes, sir. Q. You knew something about legislative committees and investi- gation committees and so forth? A. I have never been — I have been in Washington. Q. You have been around the national Congress and become quite familiar with the modes of investigation; you felt you knew more about legislative investigation than these witnesses ? A. I say of course — '' Q. I am not arrogating any great amount of knowledge to you even at that, but you felt more competent to handle a legislative com- ■mittee and the examination before it than these men? A. I would have no hand in handling it. Q. You would handle them ? A. I don't know any farther than coming down — Q. Don't you feer you have successfully handled them? A. No, sir. Q. You feel you have got our guns spiked in that direction; just felicitating yourself ? A. I wouldn't express myself in any such way. Q. I don't suppose you would tell it before this crowd, you would to me privately, perhaps, if I asked you ? A. No, sir. By Chairman Koesoh: Q. You say you were a book-keeper in this concern? A. Yes; I keep the books and also act in the capacity you might say of private secretary, being in Washington there wasn't any book-keeper there. Q. You also pay out the wages? A. Not to these men at all. Q. To how many men about do you pay the wages ? A. I think we employ — Q. You, yourself ? A. Just the men in the boat yard. Q. They are about how many? A. They average anywhere ordi- "narity from six to twelve. Q. Are you present when the men are paid ojBE? A. No, sir; I give the money to the foreman of the boat yard, that is all. Mr. Whitman. — If the committee please we have, on the part of the contestant, subpoenaed here a sufficient number of witnesses who have engaged the attention of the committee to the hour to which you said you would adjourn until IVIonday. On reaching here this morning and endeavoring to communicate to these witnesses we found ourselves 81 in this condition, that they wouldn't converse with us, and with the one exception of the man Michael Broderick, who was sworn, we are powerless, and we are either put to the risk of putting the men upon the stand and swearing them, getting from them what they may choose to tell upon oath, or dropping them until we can have further time to investigate ■ the matter. We had reason to believe, and we, were informed by reputable citizens of Whitehall, that the fact was open and notoriously patent there that they had received money for their votes in the interest of Mr. Derby, and we believe yet we can estab- lish that fact as to some of them at lafet, and we are compelled now to ask the indulgence of the committee until Monday at least. We had some twenty-five witnesses subpoenaed. Senator Endkbs. — Tou haven't any here at all now ? Mr. Whitman. — None. Mr. Gbifhths. — None that will communicate with us. Chairman Eoeboh. — Are there any men here who were served with subpoenas to appear ? Mr. WniTMiN. — Oh, yes. Mr. Griitiths. — The difficulty is we find these witnesses in commu- nication with Mr. Cowen; closeted with him. We undertake to talk with them, and say we won't swear you if you will only talk with us. Not a word. Certainly you will appreciate our position, that we don't care to put witnesses upon the stand if they don't know anything about it. I can not imagine what influence this man has over them. Chairman Eoesch. — Mr. Cowen, will you please take the chair a moment. | By Chairman Eoesoh: Q. You left Whitehall at 7 o'clock this morning ? A. Yes, sir. Q. Were you at the factory before you came to Albany; before you took the train ? A. No, sir. Q. You were at the factory last night? A. Yes, sir; at the office. ' Q. With how niany men did you come from Whitehall this morning ? A. All together, or our own men ? Q. With how many men did you come from Whitehall who were subpoenaed to come here? A. I don't know the number; I didn't count them; there were five of our men from the yard came. Q. Then there were a number of men subpoenaed from Whitehall to come here this morning, and among them five Were from your yard ? A. Yes, sir. 11 82 Q. You knew those men 1 A. Yes, sir. Q. Are those five here now ? A. Yes, sir. Q. What are their names ? A. Charles Eock, Charles Book, Jr., I believe his name is; Frank Bock, Jack Eeno and Dal ton; we call him MufE Dalton. Q. Those five men are employed in the yaid? A. Yes. Q. With them you came on the 7 o'clock train from Whitehall? A. Yes, sir. Q. You conversed with each one of them on the train? A. No, sir; we all saw together; I was reading the paper most of the time. Q. Was it on the train that you cautioned each one to tell the truth ? A. We were coming up from the station here, I said, " Don't get frightened boys; just tell the truth." Q. This conversation in which you told them not to be afraid, but simply to tell the truth, occurred after the train had arrived in Albany? A. Yes; as we were coming up from the station. Q. Coming from the station to the capitol? A. Yes, sir. Q. Did you say anything to them in regard to any questions that might be put to them in reference to any money having been paid them on election day ? A. I might have said something. Q. Then your conversation with them was in regard to money that was paid to them ? A. Yes, sir. Q. And you knew of your own knowledge then, did you, that money had been paid to them? A. No, sir; I did not. Q. You had heard that money had been paid to them? A. To these men; no, sir; I had not. Q. How came you to speak to them at all about money being paid them on election day ? A. I said the question would probably be asked them had they received any money for their vote. Q. What made you think that question would be put them this morning? A. I thought it would because the very first questioh that was asked Broderick was, had he received money for his vote, or was he expecting anything. Q. That question was put to Broderick in this room, and your con- versation occurred before you got to this room ? A. Yes. Q. What led you to believe at that time, to think at that time, this morning, when the conversation took place, on the way to the capitol, that such a question would be asked? A. I thought of it simply because I know in a matter of this kind; I don't know but I would naturally suppose that question would be asked; I didn't know. Q. Is it because that you knew money had been used in Whitehall ? A. No, sir; I did not know these men had received any pay. 83 Q. Was it because you had heard money had been used in White- hall on last electioii day ? A. It has been the general talk it has, that money was used ; they say so, everybody says so. Q. Did you know any one of those five men had received any money? A. No, sir; I did not. Q. Did you hear anything in particular in reference to anyone of these five men ? A. No, sir. ' Q. But you heard general talk? A. General talk at Whitehall money is used on election day. Q. Did you come from the train here in Albany to the capitol with more than these five men, or only these five ? A. A party of us all came up together. Q. How many of you came up? A. I don't know; all the Whitehall party came iip together. Q. How many do you think ? A. I should say there were about ten or twelve; I don't know; I didn't count them. Q. Tou conversed with the others in addition to this five ? A. I was talking with Mr. Walker mostly, Q. Was he in general charge of aU of these men ? A. Not to my knowledge. Q. Was he in charge of the men other than the five ? A. Not to my knowledge; I don't know. Q. Is he here now ? A. Yes, sir. Q. He is employed in this concern also? A. No, sir; he is a Democrat. Q. What is his business ? A. He is a constable. Q. Tou conversed with the other gentlemen also? A. We all talked in a causal way. Q. Did you tell any of the others outside of the five that you spe?,k of that they should tell the truth? A. Yes; we were all talking toge^ther; I didn't go to each one and tell them. Q. There was a general agreement among you all to tell the truth ? A. Yes. Q. Was there any fear on your part that one or the other of them would not tell the truth ? A. No, sir; there wasn't any arrangement made for us all to come up here and tell the truth at all; we did cook up any scheme. Q. You did not cook up any scheme at all ? A. No, sir. Q. Did you speak -to any of the others outside of the five in regard to money ? A. I don't know, we were all talking about it coming up ; I don't know what man I had conversation with. Q. You were all talking about money paid on election day ? A. Yes. 84 Q. Was any definite sum mentioned ? A. No, sir. Q. Any particular amount mentioned as having been paid for a Tbte ? A. No, sir. Q. Or to a voter to remain away from the polls ? A. No, sir ; I know there wasn't any conversation of that kind ; I don't know any- thing about it at all. Q. You are employed in the iron works as bool^-keeper ? A. In the office. Q. Were these works shut down on election day or running ? A. Some of the men worked and I don't know whether — I don't believe they all did work ; there is part of the work some of the men have to do ; some of the men would necessarily work to have the work, ready for the next day. Q. What has been the custom in reference to these works in the past, have they been running election day generally, or running with only a few hands ? A. I could not say. Q. How long have you been book-keeper there ? A. I have been with Mr. Burleigh now on the twelfth year. Q. What is the reason you can't say as to past habit ? A. I have nothing to do with the lumber part of the department at aU ; that is not in my^department. Q. When are you going back to Whitehall? A. I don't know, going back when I get around to it, no stated time. Q. Tou are going back with these men ? A. I don't know, there is no arrangement made, the men will probably go back, I suppose we will all go back together. Q. Did you stop anywhere between the depot and the capitol with these men 1 A. No, sir ; walked right up here. Q. Tou have been in the lieutenant-governor's room with these men ? A. After I was subpoenaed, yes, sir. Q. You have been inside in this room ? A. Just been there, we have all been there together. Walker and all of us sat there talking. Q. Talking about what ? A. About the sleighing for one thing. Q. Talking about the last election ? A. I don't know that the sub- ject of the last election was brought up. Q. Did you tell these men inside they should tell only the truth ? A. I said, probably, n,ot to get frightened and tell the truth . Q. There was nothing at all in your mind that made you say to them they should tell the truth and not be frightened? A. Not that I knew of, that there was anything wrong. Q. Nothing that you knew of that they would be frightened at ? A. No, sir. 85 By Mr. Eoohe: Q. Were you sitting here when Broderick was sworn? A. Yes. Q. Then you went in the other room and had a talk with jihese men about telling the truth ? A. No; it was before that, coming up the street. Q. Eight after Broderick was sworn, didn't you go in that other room? A. Tes. By Mr. Geiffiths: Q. Were you afraid of more truth after you heard Broderick? A. No; I will come right out and make the statement that I don't know anything about it at all; I could sit here and my testimony go on and -I know nothing about any affair of the kind. By Mr. Wellington: i Q. Did you not, before the session this morning, state that you knew that money had not been paid to any of these men, except, pos- sibly to Broderick; that you did not know what that man would testify to? A. I didn't know anything about it at all, only I sat there. Q. Did you not so state early before the session? A. To the men? Q. To me ? A. What was the question? Q. Did you not, before the sessioii, state to me some men had been subpoenaed here in haphazard, way, without their knowing what was expected of ^hem, and without the other side knowing what they cpuld prove by them, and that there was no money paid to any of them, except, possibly, in the case of Broderick? A. Do you mean to say that I knew about any money being paid to Broderick? Q. That you did not know about that case ? A. I didn't know any- thing about it at all. Q. Didn't you so state ? A. When he came on there? Q. No; before? Mr. KocHE. — Did you have a talk with Mr- Wellington? A. Tes, sir. Q. I meant to call your attention to the fact that this was not a suggestion that occurred to you after Broderick was sworn; does this man Broderick work for you ? A. No, sir. Q. He is not one of the .five ? A. No, sir. Q. You say you have heard rumors about money being used in Whitehall? A. Yes. Q. Did you ever hpar any rumors about money being used in Troy ? A. Why, yes; you hear it all over; it is a rumor, that is all. 86 Q. These rumors are not confined to either party ? A. Oh, no, sir; I don't know anything about any. Q. The rumors exist, do they not, in Troy as well as in Whitehall; are there not rumors that the Democrats have used money in Troy ? A. Yes. Q. And did use money at the last election ? A. I have heard such rumors . Q. The rumors that existed in Whitehall that there was money used, were there any rumors that Democrats used money in White- hall? A. There are rumors to the effect; I don't know anything about money being used at all by either parties. Q. What minors ? A. The fact of the rumors; it is rujnored about every political party they use money. Q. The rumors were not confined to the Eepublicans? A. No; not to my knowledge. Q. Were there any rumors that Mr. GoUins, when he carried White- hall, carried it by unfair means ? A. Do you mean anything in the money line? Q. Eumors. A. Rumors without number. Q. That Mr. Collins carried it by fraudulent voting and by the use of money ? A. Mr. Collins in particular ? Q. I mean at the time Mr. Collins ran; I don't mean he in particu- lar was guilty of it ? A. No, sir. Q. But at the time Mr. Collins ran against Mr. Eogers, did you hear rumors ttiat the Democratic ticket was elected by means of the use of money and fraud ? A. I don't know how to answer that; I ' have no knowledge of knowing anything; only you hear of money. Q. Did you hear such a thing was said ? A. That money was used by both parties. Q. Did you hear anything said at the time the Democratic ticket was succeseful, when Mr. Collins ran for senator against Mr. Eogers ? A. I have heard as many rumors as I have of this. Chairman Eoesch. — I think counsel ought to be satisfied with the witness' answer. Mr. Wellington. — I don't think the rumors amount to anything as evidence. By Mr. Gbitfiths: Q. Your residence is at Whitehall ? A. Yes, sir. Q. You know where Mr. Derby lives ? A. Yes, sir. Q. You have called on him at his home ? A. Yes, sir. Q. And at his place of business ? A. Yes, sir. 87 Q. Turn your memory back to Friday before election; do you remember being over to Sandy HiU? A. I wouldn't say for certain what day it was. Q. You had some business with him, hadn't you. A. Yes, sir. Q. Did you go upon your own business or that of Mr. Burleigh; was it a message to Mr. Derby from Mr. Burleigh? A. Yes. Q. Did you bring anything back? A. No, sir. Q. But you didn't get it? A. No, sir. Q. Was it a matter of politics that you went over to see him about? A. Yes, sir. Q. Wasn't it for money ? A. I didn't get any money. Q. Was it not for money; were you not sent by Mr. Burleigh to Mr. Derby for money to be used in Whitehall? A. I will have to answer that? Chairman Roesoh. — Answer the question. A. I will tell you how it was; the conversation was there ought to be some money used; sent to Whitehall to end up — for legitimate election purposes, but I didn't get any though. Q. You didn't get it? A. No. Q. How did he send it over? A. I don't know that he did; I didn't hear he sent any money there at all. Q. What did he say in answer to your request ? A. He came right , out and said decidedly no. Q. Where did you get the money? A. I didn't get any; went home without any; I Bad my mileage book, so I went home. Q. What did Burleigh say; he was mad, wasn't he? Mr. Wellington. — We are not trying Burleigh. Q. Do you know how the money came; you say you did not bring it over? A. I didn't get a cent; went back on my mileage book; if I hadn't had that I would have had to walk back. Mr. GrBHTiTHs. — That is all. Mr. Whitman. — That is all we have this morning. Chairman Eobsoh. — ^The committee regrets the contestant is not able to go on. The committee was in hopes that we would be able to take up the greater part of to-day with taking testimony. We have made arrangements to go on with the Saratoga contest on Mon- day morning next at 10 o'clodk. We could go on with that contest at 4hat time and suspend it for the purpose of continuing this contest. Mr. Griffiths. — If the chairman will permit me to say, we have divided our labors among the various counsel in this case, each taking a particular portion of the territory. I have a portion that I have had charge of, my witnesses are being subpcenaed to-day for Monday, but 88 of course I do not want to interfere with any other case, because we should have been prepared here to-day to have gone on and occupied the time allotted to us. We are perfectly content to go on Monday afternoon or at such other time as may be convenient for the commit- tee. I understood the contestant from the Saratoga district has already stated his witnesses would be in attendance. We do not want to embarrass him. Chairman Eoesoh. — The case of Collins v. Derby stands adjourned until next Monday afternoon at 3 o'clock. The committee will now take an adjournment until Monday morning at 10 o'clock, for the pur- pose of taking up the Saratoga contest at that time. The committee then adjourned until Monday, January 11, 1892, at 10 A. M. Albaht, N. T., January 11, 1892, 3 p. m. The committee met pursuant to adjournment. Present — The committee and respective counsel, except Mr. Eoche. Chairman Eoesch. — Counsel for Mr. Derby has filed the answer to the petition, and the stenographer will note that fact. Mr. Geiffiths. — We have a copy of it. The answer is as follows: IN THE SENATE OP THE STATE OF NEW YOEK. MICHAEL F. COLLINS, Contestant, against JOHN H. DERBY, Sitting Membeb. The above named, John H. Derby, answering the petition of said Michael F. Collins herein, upon information and belief, denies that his election, or the certificate transmitted by the county canvassers of Eensselaer and Washington counties to th e State board of canvassers showing said Derby's majority over said Collins was based upon any fraudulent returns of illegal or fraudulent votes cast in any election district in said senatorial district in favor of or in the interest of said Derby. Said sitting member denies, upon information and belief, that said election in any election district in which an apparent majority of all the votes cast in said district was in said Derby's favor, was conducted in any irregular or illegal manner. 89 Said sitting member denies, upon information and belief, that in any election district in said senatorial district at said election, there ■were any illegal or fraudulent votes cast in interest of said Derby, or that there were any irregularities of any kind, or intimidation of voters, or any violation of the election laws of the State which in any way contributed to, or assisted in, the election of said Derby. Said sitting member further denies, upon information and belief, that there was any fraud, bribery,. intimidation or persuading voters to stay away from the polls and not to vote; or any illegal or corrupt act at any election district in said senatorial district in the interest of said Derby, or in his behalf, or on behalf of the Republican ticket, on which said Derby ran for senator for said senatorial district. Said sitting member denies, upon information and belief, that any irregularities or illegalities of any name or nature, were carried on in the interest of said Derby at any election district in said senatorial district. But, on the contrary, said sitting member alleges, that the apparent plurality in favor of said sitting member was not so great as said sitting member was in fact entitled to at said election, by the lawiul votes cast at said election, in said senatorial district, as will more particularly hereinafter appear. Said sitting member further denies, upon information and belief, that the petitioner herein is now, or has been prepared at any time, to |)rove any of the matters alleged in the petition above referred to, or that said petitioner is entitled to, or that he was fairly and legally elected to, or that said sitting member wrongfully claims and holds the said seat now held by the said sitting member in the senate of this State. On the contrary, said Derby alleges that he was fairly and legally elected to the ofiSce of senator for said district, and that he rightfully and legally holds his seat and is prepared to prove his rightful claim to the same. Further answering said petition, your petitioner alleges, upon information and belief, that in many of the election districts of said senatorial district at said election, in which said Collins received an apparent plurality of the votes cast, the election laws of the State were violated in numerous particulars, and there was bribery and corruption in behalf of the Democratic ticket and in behalf of said Collins, and that there were fraudulent votes cast, that is to say, votes cast by persons not entitled to vote at said election in said districts in favor of said Collins; and that in some districts in which said Collins had an apparent plurality over said Derby there was not a fair election held, but such gross irregularities occurred and such frauds were perpetrated as to render the election in said 12 90 districts void; and that the apparent plurality of said Senator ColUns in said districts was based in part upon said fraudulent votes, and the apparent plurality of said Collins in said districts did not represent the actual plurality of legal votes cast by legal voters therein. Wherefore, said sitting member prays that the petition herein be dismissed and that said Derby be permitted to retain his seat in said senate. Dated Albany, TJ. Y., January 11, 1892. JOHN H. DEEBY, Petitwner. STATE OF NEW YORK, ^ County or Eensselabe, >■ ss.: City of Troy. ) John H. Derby, being duly sworn, says he is the sitting member in the senate of the State of New York above referred to, and has read the foregoing answer and knows the contents thereof. The same is true to deponent's own knowledge except as to the matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true. JOHN H. DEEBY. Sworn to before me this 11th ) day of January, 1892. i Alex. B. King, Jr., Commissioner of Deeds, Troy, N. Y. Chairman Eoesoh.- — The committee will proceed. * Mr. Whitman. — We will call Mr. Snyder. Ezra H. Snyder, being duly sworn, testified as follows : Examined by Mr. Whitman : Q. Mr. Snyder, where do you reside ? A. My residence is in the town of Argyle; my official residence — Q. (Interrupting.) Washington county ? A." Yes, sir. Q. Do you hold any official position under the United States gov- ernment, and, if so, what is it ? A. Yes, sir ; deputy collector of internal revenue. Q. How long have you held that position ? A. About two years and a half, I think, at the present time. Q. About three years and a half ? A. Two and a half, I say. 91 Q. Have you with you the record which you kept of, I believe you call them, special taxes, issued to the retail liquor dealers during the year 1891 ? A. Yes, sir ; I have for a part of the division. Q. Does it cover Washington county ? A. Yes, sir. Q. Turn to your book and see if you have the name of Edward P. Morrison upon it? A. Yes, sir ; I have. Q. State what your record shows the fact to be as to whether or not a special tax as a retail liquor dealer — either wholesale or retail dealer — was issued to him during 1891 ? A. A. stamp was issued to him for the year commencing July 1 , 1891. Q. For what period of time did the stamp cover? A. July 1, 1891, to June 30, 1892, inclusive. Q. Does the record show for what place that was issued ? A. It does. Q. State what it shows in that particular ? A. One hundred and thirty-one Main street, Sandy Hill. Q. Turn to the letter " " in your record, and see if you issued such a tax stamp"^to one Frank Carpenter ? A. Yes, sir ; Frank F. Carpenter. Q, When ? A. The stamp was issued on the 30th of June„ 1891. Q. For what? A. For the year commencing July 1, 1891. Q. It expired when ? A. June 30, 1892. Q. What did the stamp cover, wholesale or retail ? A. Retail liquor dealer. Q. At what place ? A. Comstocks. > Q. What county? A. Washington. Q. What town? A. Well, that is not inserted here, but Comstocks is in the town of Fort Ann. Q. Have you ever been to Carpenter's place ? A. Not since he has been keeping it. Q. Have you ever been there to the hotel kept by Abner Johnson, ex-member of assembly ? A. Yes, sir. . Q. As you understand it, is that the place for which this stamp was issued to Carpenter ? A. Yes, sir. Q. What is that hotel; is it in a village ? A. No, sir. Q. It stands alone, does it not, upon the tow-path of the canal? A- Yes, sir. Q. Between the villages of Fort Ann and Whitehall? A. Yes, sir. Q. And it is the ordinary country hotel ? A. Yes, sir. Q. As you understand, it was to cover the sales of liquor as a retail liquor dealer at that hotel for which the stamp was issued, as shown by your record for that period of time ? A. Yes, sir. 92 Mr. Whitman. — You may ask the gentleman. Mr. WELLiNaTON. — We don't care to ask him any questions. Mr. Whitman. — That is all. Edgae Hull, being duly sworn, testified as follows: Examined by Mr. Whitman: Q. Where do you reside, Mr. Hull ? A. Fort Edward. Q. What is your profession ? A. Lawyer. Q. Do you hold any official position in the county of Washington, and, if so, what? A. District attorney. Q. For how many years have you been district attorney ? A. Twelve years; little over eleven; this is the twelfth year. Q. What are your politics ? A. Eepublican. Q. They have been so during all that time ? A. Yes, sir. Q. You have always been elected upon the Eepublican ticket? A. Yes, sir. Q. (PriBsenting same.) I show you a printed circular, which I will ask the stenographer to mark for identification (same marked by the stenographer "S. C. E."), which reads: "$500 reward. The above reward will be paid for information that will convict any person vio- lating any of the provisions of what is known as the Saxton Election Law, of the coming State election. Edgar Hull, district attorney. Fort Edward, Washington county. New York, October 31, 1891." Did you draft the original of which that printed copy is a true copy? A. No, sir. Mr. WELLrNQTON. — I object to it as immaterial. Mr. Whitman. — What is the ruling? Chairman Eoesch. — The witness has virtually answered it. He said "no, sir." Mr. Wellington. — Then I move to strike out the answer. Chairman Eoesoh. — For what purpose does the counsel wish to introduce it? Mr. Whitman. — To show by certain Eepublicans in the town of Whitehall the unauthorized using of the district attorney's name for the purpose of intimidating voters, and to follow it by other evidence to show the manufacture of men assuming to be deputy sheriffs, who never had any appointment as such, and by this kind of thing to frighten persons ignorant of the method of ^voting under the Saxton law. Mr. Wellington. — ^Does the learned counsel mean that Democrats would be intimidated by such a notice ? Mr. Whitman.— I do when it is followed up by other evidence. 93 Mr. Wellington.— 'Tou don't mean to say that any Democrat would be intimidated by that threat? Mr. Whitman.— I say ignorant men would be intimidated and kept from voting. Chairman Eoesoh. — The question is allowed. Q. Did you draft the original, of which this is a copy? A. No, sir; I did not. Q. Is the sheriEE of Washington county a Eepublican ? A. Yes, sir. Q. Was the last sheriff a Eepublican? A. Yes, sir. Q. What is the name of the present sheriff ? A. George Finch. Q. What is the name of the sheriff whom he succeeded? A. Fred. Hill. Q. He is a Eepublican ? A. Yes, sir. Q. And was elected on the Eepublican ticket as sheriff? A. Yes, sir. Q. What was the name of his predecessor? A. George Marshall. Q. He also was a Eepublican ? A. Yes, sir. Q. And elected as such ? A. Yes, sir. Q. The county judge of Washington county is a Eepublican? A. Yes, sir. Q. All of the machinery of justice in Washington county, so far as the prosecution by indictment of any offenders or alleged offenders ot any law, is in the hands of Eepublican officials ? A. Yes, sir. Q. And has been for a number of years ? A. Yes, sir. Mr. Whitman.— That is all. Mr. Wellington. — May I see that paper ? , Mr. Whitman. — Yes, sir; it is a little mutilated, however; it has served its purpose. Gross-examination : By Mr. Wellington: Q. I show you this same paper; did you see any of those pasted up anywhere ? A. No, sir. Q. Did you know that they were to be issued? A. Yes, sir. Q. It was done with your authority ? A. Well, conditionally. Q. What was the condition ? A. The correspondence about it, of course, was in writing, and Mr. Henry Burleigh wrote to me asking for authority to issue an article of that description; I answered him by telegram; I have a copy of that telegram with me (producing same); that is it. Q. Your telegram to him was, " No law authorizing it, but if you will pay it I am willing ?" A. Yes, sir. 94 Q. What did you refer to when you said, "If you will pay it;" did you refer to the reward ? A. Tes, sir. Q. Ton were not willing to attempt to bind the county to pay the reward? A. No, sir. Q. But there was no unauthorized use of your name as prosecuting attorney? A. No, sir; not except by authority of this telegram; all that took place between us was his letter asking it and this telegrd,m authorizing it; I never saw one of the circulars, or anything of that kind, but that was why it was done. Mr. Wkllington. — That is all. Be-direct examination: By Mr. Geiffiths: Q. Can you direct the committee to any statute authorizing the district attorney of a county to give a reward for any such offence named in there ? A. I telegraphed him there was no authority of law for it. Q. You understand there is no such power given to a district attorney? A. Yes; I understand so. Q. Have you Mr. Burleigh's letter with you ? A. No, sir; I have looked for it and I can't find it. Q. Have you received any information concerning a violation of the law in that county? A. No, sir. Q. Any claim been made upon you for a reward ? A. No, sir.' Q. Will you please state the substance of that letter of Mr. Bur- leigh to yourself ? A. It was very short; he asked me if I would authorize him to sign my name to a reward for a violation of the election law, or that in substance; I answered that there was no authority of law for it, but if he would pay it that I was willing. Q^ Mr. Burleigh has never made any complaint about any irregu- larity in Whitehall? A. No, sir. Mr. Gbiffiths. — That is all. Chairman Eoesch. — That is all, Mr. Hull. Philip Eiley, being duly sworn, testified as follows: By Mr. Whitman: Q. Where do you live, Mr. Riley? A. Sandy Hill. Q. Washington county ? A. Tes, sir. Q. You have lived there for how long ? A. About forty years. Q. Are you acquainted with a public house in the town of Fort Ann which is sometimes known as Johnson's Hotel or the Comstock Bouse? A. Yes, sir. I 95 Q. And which is now and was during the months of October and November of last year kept by one Frank Carpenter? A. Yes, sir; I know Frank Carpenter. Q. Do you know him well ? A. Yes, sir. Q. You have for a number of years ? A. Yes, sir. , Q. That is a hotel between the villages of Fort Ann and Whitehall? A. Yes, sir. Q. Upon the tow-path ? A. Yes, sir. Q. It is not in any village and stands apart from any other dwell- ing? A. Yes, sir; from any other building; it is upon the tow-path Q. Do you know that election district of Fort Ann? A. No, sir. Q. You don't know that it is known as L V. Baker's district? A. I heard it spoken of so; yes. Q. Were you at that hotel a short time before the election of November third of last year? A. No, sir; I was not. Q. Let me call your attention — did you attend the caucus? A. Yes; I remember now. Q. Who were with you ? A. Judge Whitman was with me for one, and William Dempsey and Mr. Kellogg. Q. Candidate for member of assembly? A. Yes, sir; and Mr. Wright. Q. How long was that before election ? A. Now, I couldn't tell; we went to a convention there. Q. In the neighborhood of two weeks? A. Yes; it is al] of that. Q. Two or three weeks? A. Yes; somewheres along there, or per- haps more. Q. That convention was called for the purpose of naming delegates to the Democratic State convention to be held at Saratoga. A. No, sir; it was held for the assembly. Q. Were not delegates made there for the State convention at Sara- toga? A. It was sometime in October I should think; I am not cer- tain; it was a short while before election. Q. On refreshing your memory yoii say you stopped with these gentlemen at that hotel ? A. Yes, sir. Q. Did you buy anything there, or see any of the gentlemen bliy anything ? A. Yes; I bought; it was a rainy day. Q. What did you buy? A. Oh, I don't know; I drinked a little whiskey; I don't know what the rest drinked. Q. Did you see any ale or lager bought there on that occasion? A. Yes, sir; there was ale there. Q. And it was bought and drank. on the premises? A. Yes, sir. 96 Q. You were served by Carpenter, the proprietor himself ? A. Yes, sir. Mr. Whitman.— That is all. Cross-examination : By Mr. Wellington: Q. Do you know whether the proprietor of this house had a town license to sell liquor? A. No, sir; I don't know. Q. You don't know how the fact is 1 A. No, sir. Q. In what room was it that you bought this whiskey ? A. In the back room off from the bar-room. Q. Do you know which room the election was held in ? A, No, sir. Q. You were not in that district? A. No, sir. Mr. Wellington. — That is all. Chairman Eobsch. — That is all. John D. Weight, being duly sworn, testified as follows: By Mr. Whitman: Q. Where do you reside, Mr. Wright? A. Washington county; town of Kingsbury. Q. How long have you ? A. Most of my life. Q. Do you know a place in that county which is known sometimes as Johnson's, and sometimes as Comstock Hotel? A. Yes, sir. Q. Where is it located ? A. Comstocks. Q. Was it formerly kept by Abner Johnson, late member of assem- bly for that district? A. All I know is by hearsay. Q. Do you know one Prank Carpenter ? A. Yes, sir. Q. How long have you known him? A. Oh, for years; a number of years. Q. As you understand it, he now keeps that hotel, and has since last spring? A. Yes, sir. Q. Have you ever seen him on the premises? A. Yes, sir; I saw him there along in October. Q. As you go into the hotel you come into a large sitting-room or office? A. Yes, sir. Q. Behind that is another small room, is there not — immediately in the rear of it, with a bar in it? A. Yes, sir; I believe there is a bar in it. Q. Did you go into that rear room upon the occasion you were there? A. Yes; I believe so. Q. Did you see strong or spirituous liquors sold or drank there on that occasion ? A. I don't know that I did. 97 \ Q. I didn't ask whether you drank it, but as a fact did yoii hear whiskey or ale called for ? A. I can't say positively that I did. Q. Don't you know that a party of you went in there? A. I know some of them went in there. Q. And drinks were called for? A. Tes; I know what I called for. Q. What was it? A. I think it was ginger ale. Q. Who served it; who waited on the party? A. Mr. Carpenter. Mr. Whitman. — That is all. Gross-examinaiion : By Mr. Wellington: Q. Were you one of the delegates ? A, I was. Q. How many were there ? A. Four, Q. Four in all ? A. Four in our load I went in. Q. How many men were there there that night at that hotel? A. Only us four. " Mr. Wellington. — That is all. ' William J. Dempsey, being duly sworn, testified as follows: By Mr. Whitman: Q. Tou reside in Washington county ? A. Yes, sir. Q. Tou have for how long? A. Well, twelve or thirteen years. Q. Do you know one Frank Carpenter? A. Yes, sir. Q. What is his business? A. At the present time he keeps a hotel as near as I know. Q. What is the hotel known as ? A. Comstock's Landing hotel. Q. Have you been there recently ? A. Last fall. Q. Were you there shortly before election ? A. Yes, sir. , Q. How long before? A. Probably three weeks. Q. Did you see anything called for there to drink; any strong or spirituous liquors ? A. Yes, sir. , Q. What was it? A. I think ale and whiskey. Q. Was it purchased?" A. I think so. Q. Drank? A. I think so. Q. Paid for in your presence? A. I couldn't say that it was paid for in my presence. Q. Don't you recollect that you bought one? A. No, sir. Q. Do you recollect Eiley buying? A. Yes, sir. Q. Who served you or waited upon you upon that occason? A. Carpenter. Q. You reside in the village of Sandy Hill ? A. Yes, sir. •Q. Do you know Edward P. Morrison? A. Yes, sir. 13 98 Q. Do you know the building in which he carries on his business? A. Yes, sir. Q. What is that building as to being wood or brick? A. The building is wood. Q. Is it a fact that it is an old wooden building that has been there a great many years; ever since you remember? A. Yes, sir. Q. And is it the only wooden building that is in that immediate vicinity on that side of the street ? A. Yes, sir. Q. On one side of this building it is of brick, consisting of the Mid- dleworth hotel stores, and on the north is also a lot of stores built of brick? A; Yes, sir. Mr. Whitman.— That is all. Cross-examination : By Mr. Whxlington: Q. What are your politics; Democrat? A. Yes. Q. Do you remember drinking whiskey upon this night in question? A. No, sir; I didn't drink any. Q. Or ale ? A. I drank a glass of ale. Q. Do you know what voting district this hotel is in ? A. No, sir. Q. Do you know how long before election it was? A. As near as I can recollect it was about three weeks. Q. Wasn't it the latter part of September? A. I couln't say; I think it was in October. Q. That is your best recollection ? A. Yes, sir. Chairman Roesoh. — That is all. ' ^Idward p. Mobbisok, being duly sworn,' testified as follows: By Mr. Whitman: Q. Mr. Morrison, where do you reside? A. Sa,ndy Hill, Washington county. Q. Do you hold any official position there, and if so, what ? A. I was appointed to a position or office last week. Q. What is it ? A. Deputy sheriff and jailer. Q. Washington county ? A'. Town of Kingsbury. Q. During the year 1891, and down to your appointment as deputy sheriff, what business were you engaged in ? A. Run a restaurant, confectionery and liquor store. Q. What place? A. One hundred and thirty-one Main street; I think that is ths number. Q. What kind of strong and spirituous liquors did you sell there ? A. I had a retail license; government license. 99 Q. You Bold whiskey ? A. Tes, sir; and beer and wines. Q. Wine and gin? A. Yes, sir. Q. Did you keep this restaurant on election day; the third of November last ? A. Yes, sir. Q. This building in which your restaurant was located is, as you know, a two-story frame dwelling? A. Yes, sir. Q. A very old house? A. Yes, sir; an old building remodeled a • year or two ago. Q. Is it a fact that it is the only frame dwelling-house on that side of the road in that part of the village? A. Yes, sir; I think it is the only wooden structure. Q. South of it is what is known as the Middleworth block, consist- ing of the Middleworth House hotel and stores ? A. Yes, sir. Q. North of it are brick stores, known as the Clement's block? A. Yes, sir. Q. What district is that ? A. Third, I think. Q. Was the election for the second district of the town of Kings- bury, Washington county, held in that building last year; that is, the polls ? A. I think it is the third district. Q. The polls were held there? A. Yes, sir. Q. Eegistry there ? A. Yes, sir. Q. Was your place open ? A. Yes, sir. Q. Was it closed at any time from October of last year down to the 1st of January, 1892 ? A. Not in business hours. Gross-examinaMon : , By Mr. Wellington: Q. What are your politics ? A. Eepublican. Mr. Whitman. — You might know that; he couldn't get the position of deputy sheriff in that county unless he was. Q. Is your saloon on the corner ? A. No, sir. Q. Which side of the building is your saloon in ? A. In the north end. Q. How many windows are there in front? A. One front window. Q. How many doors ? A. One. Q. Immediately south of the saloon what is there in the building? A. Now it is occupied by the proprietor as a barber shop. Q. At the time of election? A. Nothing; next door was vacant. Q. How large was that room ? A. That room was aboilt, I don't think much over twelve feet wide. Q. Windows and doors in front ? A. Yes, sir. 100 Q. That was vacant ? A. Yes, sir. Q. Was there any door from your saloon into that vacant room ? A. No, sir. Q. Was there a ceiled partition between ? A. As I understand it, it was closed right up. Q. That partition ran up to the roof? A. It ran to the second floor; it ran up to the ceiling. , Q. So that building was subdivided into three buildings ? A. There ' are three rooms in the building. Q. They were entirely separate ? A. Yes; by themselves. Q. It was as thpugh there were three houses in that block, and, in one sense, the three were in one building, but each was separate ? A. Yes; that is as I understand it. Q. Was there any door from this vacant room in the middle into the voting place ? A. No, sir; not that I know of. , Q. The voting place and where the registry board sat was the south room of this buildirig, or was the south building of those three buildings ? A. It was the south roora of the building. Q. There was no way to get from your saloon into the middle vacant room, or into the voting room, except to go out into the street? A. Into the street or back yard. Q. There never had been, so far as you know, any connection between those rooms ? A. No, sir; not since I can remember anything about the building. Q. The building was remodeled some few years ago? A. Two years ago, I believe. Q. Since that time the three rooms have been rented for separate purposes? A. Yes, sir. Q. They have succeeded in renting the middle room? A. Yes; the middle room has been rented. Q. For what? A. Confectionery, etc.; I believe that is what Mr. Flaisted had in there. Q. That had no connection with your business ? A. No, sir. Q. What has the south room been rented for? A. It has a confectionery in it now. Q. Prom the south room were there any stairs going upstairs ? A. No, sir. Q. So that it is a complete store by itself? A. Yes, sir; as I understand it. Mr. Wellington. — That is all. Mr. Whitman. — Will we agree upon what district that was? 101 Mr. Abnold. — Third. Mr. Whitman.— Third district of the town of Kingsbury, Washington county. Bedirect examination : By Mr. Whitman: Q. Is it the fact that you live in the same building? A. Tes, sir; I live upstairs in the south end of the building. Q. A,nd occupy rooms which were in part over the place where the polls were" held ? A. Yes, sir. Q. And also over other rooms underneath? A. Tes, sir. Q. This ceiled partition is nothing more than a common lathed and plastered partition ? A. That is all; lath and plaster. Q. There is a door in the front entrance and in the rear, so .you could walk immediately through ? A. Tes, sir. Q. How deep is the building? A. Not to exceed thirty feet I don't thiiik; I don't think it is any deeper than that. Q. It has always been known as one building; as a mechanic you would say it was one building? A. There are three rooms under one roof. Q. There is no partition that run through from the stores that are divided off clear up through? A. No, sir; not as I understand it; that runs to the first floor ceiUng. Q. Above are rooms for living purposes ? A. Tes, sir. By Mr. Wellington: Q. Tou don't live over the part that covers your saloon? A. No, sir. Q. Tou don't sell liquor up-stairs ? A. No, sir. Q. No law against a man living over a polling place that you know of ? A. Not that I know anything about. Mr. Whitman. — EepubHcans wouldn't obey it if there was one. They wouldn't keep you from living there. Q. Was there not one of these partitions ran way to the roof, and that extends down and divides two of the rooms on the first floor ? A. I couldn't say as to that; I think that the partitions are in a diffeirent position after you get up there; I think the partitions stand about like that (indicating), a little one side. Q. I don't understand that the partitions go clear through from the first floor ? A. No, sir; but still they may. Chairman Bobsoh. — Who is the next witness ? 102 John Washburn, sworn, and testified: By Mr. Whitman: Q. Where do you reside? A. I reside down at Comstocks, or pretty near there; it is in the town of Fort Ann. Q. At a place known as Comstocks ? A. Yes, sir. Q. That is the post-office ? A. Yes, sir. Q. How long have you lived there ? A. I have lived there about fifteen years, where I live now; I have lived in the town ever since I was — Q. (Interrupting) Is there a hotel there ? A. Yes, sir. Q. By whom is it kept ? A. Frank Carpenter. Q. Do you recollect the election of November third last? A. Yes, sir. Q. Are you a voter in that district ? A. I am. Mr. Whitman.— Can you tell what district that is. Judge Arnold. Mr. Arnold. — I think it is the first district; I am not certain. Mr. Whitman. — You can tell very easUy — the Democrats only got eight votes in it. The Witness. — It is the first or second, I think; I wouldn't swear positive. Q. Did you attend the election? A. Yes, sir. Q. In what capacity ? A. I was one of the board . Q. One of the inspectors of election ? A. Yes, sir. Q. Were the polls kept and the election held in that hotel ? A. Yes, sir. Mr. Whitman. — ^Ttat is all. Gross-examination ; By Mr. Wellington : i Q. In what room ? A. We went into the front room and go down a little hall from the front down on the right hand side and into a little room there'. Q. It was not the bar-room ? A. No, sir ; it was right opposite the bar-room ; the bar was one side of the hall and the polling place the other. Q. Quite conveniently near each other ? A. Yes, sir ; a little below the bar-room was this room on the other side, with a partiiion between. Q. What are your politics? A. Democrat, and always was. Q. Who were the other members of the board of inspectors? A. Fred Crandall, Ezra Crandall, and Kingsley — they always call him " Jack," I don't know that I I'^^ow his name — and Mr. Matteson. 103 Q. Do you remember what the Eepublican plurality was ; do you remember how many more votes Derby got than Collins? A. I couldn't tell you exactly ; he got them all except fourteen, I think. Q. The election, so far as you observed, was a fair one ? A. Tes, sir ; as far as I could see. Q. Democrats are in the minority there? A. There are not many Democrats there in that district, to tell the truth ; it is a Eepublican district. Q. The Republicans treated the Democrats fairly though? A. Yes, sir ; as far as I saw ; I was in the board, I didn't see outside. Q. You didn't .see any one denied any rights ? A. No. Q. So far as you know — A. (Interrupting.) So far as I saw; I was inside. Q. So far as you know, the result declared expressed the will of the majority of the voters in that district ? A. Yes, sir. Mr. Wellington. — That is all. Byeon E. Mberihbw, being duly sworn, testified as follows : By Mr. GIrifpiths : Q. Where do you reside ? A. Petersburgh. . Q. In what election district of that town ? A. First. Q. That is in the county of Rensselaer ? A. Yes, sir. Q. Did you attend the election poll in that district at the election in November last ? A. Yes, sir. Q. If you held any appointment there what was it ? A. Watcher at the polls. Q. What time was the poll opened in that district ? A. Between twenty minutes past 9 and half-past 9 o'clock; twenty minutes they were not open — Q. (Interrupting.) Who were the inspectors of election ? A. Two Republicans and one Democrat; do you want their names? Q. Yes. A. Mervin Taylor, Charles W. Brown and Edward E. Crawford. Q. What was the name of the Democratic inspector ? A. Taylor. Q. Is he a relative of the supervisor of that town ? A. Yes, sir; the supervisor of that town married his daughter. Q. That supervisor's politics are what ? A. Republican. Q. Did this man act with the Republicans and rule with them upon that day? A. There was no discord among the board; they agreed all through upon the same thing. Q. Tell me the manner in which that election was conducted there; first let me ask you whether a man with a badge of deputy sheriff 104 upon his coat appeared upon the scene, and when ? A. He had no badge on. Q. Was he introduced to the board ? A. No, sir; not in my hearing; a gentleman came there. Q. What was his name? A. A. F. Babcock; he came there; the people had gathered there; quite a crowd at that time. By Chairman Eoesoh: Q. What time was it ? A. I didn't look at my watch, but }t was after the time that the polls should have been opened; they were from twenty minutes to half an hour late in opening; he tpok a paper out of his pocket after he come there and spoke to Elmer Near a moment;- I didn't understand the exact words, but I thought he asked if he would accept the position of deputy sheriff there, or something of the kind; he asked for the board to pass him over a pen, and they did so; he wrote this man's name in. By Mr. Gbhtiths : Q. He had a blank ajipointment ? A. Tes, sir; I saw it was from the sheriff's office; it was open near me, and I saw it was from the sheriff's office. Q. Who was the sheriff at that time ? A. Shepard Tappan. Q. What was his politics? A. Supposed to be a Republican. Q. Elected upon the Republican ticket ? A. Tes, sir. Q. He handed it to this man? A. Yes, sir; and he put it in his pocket. Q. This same Sheriff Tappan was running for county treasurer on the Republican tiqket? A. Yes, sir; he was. Q. This man was not appointed by the board? A. No, sir; he didn't take no oath of office at the time; he just took that paper and put it in his pocket and stepped to the polls and admitted the crowd at his discretion. Q. What did the deputy do? A. He let them in and out; he was accused of showing partiality; I think he was overruled; he was accused of partiality, anyway; he might have thought he done the best he could. Cj. He was the one who said who should go inside the rail ? A. Yes, sir. Q. Do you recollect any person having taken a set of tickets and having gone into the booth and then come out? A. Some three or four went into the booth and were unable to prepare their ballots, and come out and laid their ballots on the table; went outside and 105 come back and got a new set, and then were allowed to go into the booth under the protest of S. E. Reynolds, and voted over again; in fact I heard somebody from the crowd tell them if they didn't know how to. vote to come out and they would show them. Q. Three or four men went into the booths and remained there a while and then came out and threw the ballots on the table? A. Yes, sir; they went out of my sight; I don't know whether they went out into the street or not; they came back and got another set and voted. Q. Who were the men? A. I don't think of their names; there was one, Joseph Bovee, I remember going out. Q. Who came back after that? A. I couldn't tell; well, Joseph Bovee went out and gave it up, and then he come back and Bussell Brimmer come with him to the rail; he went out, and some three hours later he come back with Brimmer. Q. When the crowd of electors came there, tell me whether this man who had received this appointment of deputy sheriff there pre- vented Democrats coming in and allowed Republicans to go in ahead of Democrats? A. I thought he showed partiality. / Q. In what way ? A. If a Democrat and a Republican were side by side he let the Republican in first; but he didn't hold back — Q. (Interrupting.) Tou say he exercised the right to say who should go in? A. Yes, sir; first; he didn't keep anybody back entirely, but he exercised the right as to who should go in first. By Chairman Roesoh: Q. Were you there at the close of the polls? A. Yes, sir. Q. At the time of the counting of the votes ? A. Yes, sir. Q. What was done v^ith the ballots which you saw ? A. After some of the voters had been inside of the booth and had come out and gone away, and come back for other ballots, they were used as spoiled ballots; the inspectors made, use of them as though spoiled; some would accidently tear their ballots and those were put in with those and called spoiled ballots. Q. Put in among the spoiled ballots and termed " spoiled ballots ?" A. Yes, sir; I don't know what the inspectors returned them as. Oross-examination : By Mr. Welungton: Q. You are a Democrat ? A. Yes, sir. Q. Do you know of any Democrat who was prevented from voting on that day ? A. No, sir. U 106 Q. You don't know of any who were intimidated by this alleged deputy sherifE? A. No, sir; no more than their being kept back to give somebody else a preference. Q. Do you know of any who were kept back so they did not vote? A. No, sir. Q. There was no such instance as that? A. No, sir; not to my knowledge; all voted who wanted to that I know of. Q. You don't know of any intimidation that was practiced by this so-called deputy sherifE? A. No, sir. Q. You don't know of anything unfair about the election? A. Nothing more than I understood it was unlawful for a person to leave after he had got his ballots and laid them down and go out to be instructed. Q. I mean outside of these four cases ? A. There were those four cases; three or four cases. Q. Outside of those cases you don't know of anything unfair in the election? A- Well, there was Eepublicans; I didn't hear them work- ing or talking, but I knew they were talking with different parties and I understood afterwards they "were working inside within ten or fifteen feet of the polling place. Q. What I meant by " fair " was not in the sense of being techni- cally legal in every respect, but I want to know whether there were any pretended voters who cast ballots that day who had no right to vote, to your knowledge ? A. No, sir; I don't think anybody voted but what was a voter in that polling place. Q. You don't know of any who were prevented from voting? A. No, sir. Q. So far as you know the ballots were accurately counted? A. Yes, sir; accurately counted. Q. And the result was accurately declared ? A. As far as I know. Q. So that there was no Democrat who was deprived of his sacred right upon that occasion ? A. He was not, unless it was as they claimed, that there was votes changed in the crowd; there were workers in the crowd; I saw the workers in the crowd but I don't know what they said or done. Q. I am only speaking from your knowledge of the matter and not from rumors that reached your ears; I want to inquire about the three or four instances; these voters attempted to poll their ballots and came out discouraged with the attempt ? A. Yes, sir. Q. They couldn't make it work ? A. They didn't seem to. Q. Then the ballots had been folded, and when they were folded and creased they were not fit to be used again in each instance; is 107 that true? A. Not in each instance; the ballots could have been easily read. ' Q. Tou don't mean to say they could not have been properly called " spoiled ballots ? " A. They supposed when a man left that he wasn't coming back to vote. Q. He had come out disgusted, apparently, and thrown the ballot down and left ? A. Yes, sir. Q. Then he came back to get a new' set? A. Yes, sir; there was a protest against their coming back and voting but it was overruled. Q. Those other ballots did not affect the result in any way; they didn't get into the ballot box and were not counted ? A. No, sir; they were not counted. Chairman Roesch. — Any more^ questions? ^ Mr. Whitman. — Are you through, Mr. Wellington ? Mr. Wellington. — Yes, sir. Mr. Griffiths. — That is all. Charles S. Church, being duly sworn, testified as follows: Examined by Mr. Geifpiths: Q. Where do you reside ? A. Petersburgh. Q. What election district of Petersburgh ? A. Second district. Q. Were you present at the election polls in that district at the last general election? A. Yes, sir. Q. Where were the polls held ? A. At North Petersburgh. Q. At whose house ? A. In a house owned by Horace Greene. Q. How near the hotel is that ? A. About sixty feet. Q. Do you remember a man by the name of Kenyon coming there to vote ? A. Yes, sir. Q. Go on and tell what occurred in reference to a man — I don't know whether that is his name or not — who took the oath ? A. The gentleman came to me and asked me for a paster ballot; his name was John W. Church; he said he wanted to vote the Democratic ticket; I gave him a ballot and he asked me to go to the polls with him; he went into the polls and swore he was physically disabled, and that he couldn't see to fold his ballot, and he chose me to fold it for him. Q. Did the inspectors administer the oath to him 1 A. Yes, sir. Q. He designated you to assist him? A. Yes, sir; myself. Q. Did they allow you to do it? A. No, sir. Q. Who did it? A. Charles Kenyon. Q. Who is he ? A. A Republican worker. 108 Q. Thej wouldn't allow the man that he selected to go into the booth him ? A. No, sir. Q. Tou don't know what he did there — what Kenyon did with him ? A. I don't know what he done only what he said; he laughed at me after he came out. Mr. Grutiths. — That is all. Gross-examination : By Mr. Wellington: Q. What did Kenyon say ? A. He didn't say anything in particular, only he said he got the best of me; he laughed. Q. Got the best of who, you or the voter? A. I don't know; I sup- pose he meant me. Q. Who was the voter ? A. John W. Church. Q. How old a man was he ? A. Sixty. . ' Q. Is he a relative of yours? A. No, sir. Q. No 'Connection of yours ? A. No, sir. Q. What district was this ? A. Second district of Petersburgh. Q. Had you known Mr. Church before that? A. I had seen him; I have known him for a number of years. Q. Had you known of his voting at previous elections ? A. Yes, sir. Q. Did he have any assistance the year before last? A. I don't know. , Q. Weren't you at that district that year ? A. He didn't vote at our district the year before. Q. What is his business ? A. Farm laborer. > Q. Does he have a place of his own? A. He hires a tenant- house. Q. Were you ever at his house ? A. No, sir. Q. What did he plaim was his trouble ? A. He claimed he couldn't see. Q. Couldn't he see ? A. Well, he swore he couldn't, Q. I am asking you? A. I couldn't see whether he could or not; I couldn't see for him. Q. Could he tell the difference between a one dollar bill and a five dollar bill? A. Yes, sir; he could if you gave it to him. Q. By the sense of touch? A. Yes, sir. Q. Did you pay him anything? No,, sir. Q. Or agree to 1 No, sir. Q. Did you know of any promise to pay him anything ? A. No, sir. Q. What is your business ? A. I am a farmer. Mr. Whitman.— That's all. 109 Fred E. Gillette, being duly sworn, testified as follows: By Mr. Whitman: Q. Where do you reside? A, Whitehall. Q. What is your occupation ? A. Both carpenter and painter. Q. Where were you engaged during the month of October last year? A. Gomstocks. Q. Doing what ? A. Helping father put up barn for I. V. Baker. Q. Where did you board ? A. At home. Q. Did you board at the hotel there known as Comstook's hotel? A. No, sir; I took my dinner there at times. Q. By whom was it kept? A. Carpenter; Frank Carpenter. Q. During the time you were there did you see any strong or spirituous liquors sold at that hotel ? A. Yes, sir. Q. By whom? A. Mr. Carpenter. Q. What did they consist of ? A. Such as is called whiskey, wine and lagers. Q. Beer and ale ? A. Tes, sir. Q. You say that was during the month of October? A. Yes, sir. Q. In 1891 ? A. Yes,' sir. Q, Seen it sold to different persons? A. Yes, sir. Q. On diffeirent occasions ? A. Yes, sir. Mr. Whitman. — That is all. Chairman Eoesoh. — Any questions, Mr. Wellington ? Mr. WBLLiNaxoN. — No. sir. Mr. Whitman. — I have three other witnesses to that point. Is it worth while to take up the time of the committee, covering different periods ? Mr. Wellington.; — I don't know anything about the facts. It is entirely new to me. Fbed J. Crandall, being duly sworn, testified as follows: By Mr. Whitman: Q. Where do you reside ? A. Comstocks. Q. What is your occupation? A. Farming and general work. Q. Are you acquainted with the hotel at Comstocks ? A. Yes, sir. Q. How long has it been known as a hotel? A. I have lived in the place about twenty years. Q. As' you understand it, it is owned by ex-Assemblyman Johnson ? A. Yes, sir. - ^ Q. Formerly kept by him ? A. Yes, sir. Q. Who keeps it now ? A. Frank Carpenter. 110 Q. He has kept it for how long? A. About a year or a little over, perhaps. Q. During the month of October last, and before that time during the summer, have you known of strong and spirituous liquors being sold there ? A. Tes, sir. Q. What was it ? A. Lic^uors. Q. What kind ? A. Whiskey and beer. Q. And ale ? A. Tes, sir. Q. To different parties ? A. Tes, sir. Q. On different occasions ? A. Tes, sir. Q. By whom ? A. I have drank it there myself. Q. Who sold it ? A. Mr. Carpenter. Q. Will you swear that the stuff they call whiskey was whiskey? A. It is what they call whiskey. Mr. Whitman. — It was kept by a Republican. Mr. Wellington. — That may be. Cross-examination: By Mr. Wellington: Q. Tou would not swear it was whiskey ? A. There may have been little in it. Q. Do you know why his place was selected for a polling place ? A. Tes, sir. Q. Tell me about it ? A. It was selected for holding an election there. Q. That has been so for years ? A. Tes, sir; ever since I lived there. Q.- There is no other convenient building, is there, that could be used? A. No, sir; without Mr. Baker has a building that could be used there, I suppose; he has a hall there for private use. Mr. Whitman. — He would have the whole of it if he got to holding it in his own building. Q. Where do you reside ? A. Eight across the canal. Q. Is that as convenient to the voters as this building ? A. Tes, sir; I should say it was. Q. Ifc is the same district ? A. Tes, sir. Q. But the elections have been held for years in that building ? A. Tes, sir; ever since I have known of it. Q. ' That is, for general elections ? A. Tes, sir. Q. Was the election a fair one, so far as you know? A. Tes, sir; as far as I know. Q. The result that was declared represented the will of the people of that district? A. As far as I know it did. Ill Q. What are your politics? A. Democrat. Mr. Wellington. — That is alL Redirect examination : ^ By Mr. Whitman : Q. How large is the district territorially? A. How many voters? Q. How much territory does it cover? A. I couldn't say exactly. Q. Mile or so in extent? A. Yes, sir; probably two. Q. Isn't it the fact that there are other buildings in the district that could be used for election purposes ? A. Yes, sir; I think so. By M??. Wellington: Q. Do you wish to modify your testimony ? A. No, sir. Q. I understand yOu to say in answer to me that there was this hall that might be used, which was owned by Mr. Baker? A. Yes, sir; I said it might probably be used. Q. Have you in mind any other building? A. No, sir; I have not. By Mr. Whitman: Q. Was the registry held there also ? A. Yes, sir; in that building. James Sullhtan, being duly sworn, testified as follows: By Mr. Whitman: Q. Where do you reside ? "A. Comstocks. Q. Are you a voter in that place ? A. No, sir; I vote in Fort Ann. Q. Do you know the hotel at Comstocks known as the Comstock House or hotel ? A. Yes, sir. Q. Kept by whom ? A. Frank Carpenter. Q. It has been for nearly a year last past? A. Yes, sir. Q. And was abQut last election ? A. Yes, sir. Q. Have you known of strong and spirituous liquors being sold there during the summer, and month of October, 1891 ? A. Yes, sir. Q. What kind of liquors ? A. Well, whiskey and beer and so on. Q. Have you seen them sold on different occasions ? A. Yes, sir. Q. And to different persons ? A. Yes, sir. Q. And drank on the premises ? Yes, sir. Q. Who sold it? A. His son and himself; he has a little boy. Q. That is, you mean Mr. Carpenter and his son ? A. Yes, sir. By Mr- Wellington: Q. What is your politics ? A. Democrat, i Mr. Wellington. — That is all. 112 James Hates, being duly sworn, testified as follows: By Mr.' Whitmak: Q. Where do you reside? A. Comstocks. Q. Town of Fort Ann, Washington county ? A. Yes, sir. Q. Are you a voter in that election district? A. Yes, sir. Q. Do you know of the hotel being kept there? A. Yes, sir. Q. Who keeps it ? A. Mr. Carpenter, I suppose. Q. He owns it ? A. I don't know who owns it; I think he claims to own it. Q. How long has he kept it? A. I guess he came there last November, if I recollect right. Q. Wasn't it before that ? A. I guess somewheres along November, a year ago . Q. November, 1890, instead of 1891 ? A. Yes, sir; a year ago last November. Q. Have you been in the hotel frequently since that? A. Yes, sir. Q. Down to how recent a time before the election in November last? A. Quite a number of times. Q. Have you known of strong and spirituous liquors being sold there? A. Yes, sir. Q. And being drank on the premises ? A. Yes, sir. Q. What kind of liquors? A. I don't know what you call them; it is called liquor; I don't know what it is. Q. Was it whiskey ? A. I suppose it was. Qjj Gin? A. Yes, sir. Q. Beer ? A. I suppose so. Q. Ale? A. Yes, sir. Q. Did you see it sold there on the premises every month ? A. Not every month I didn't; sometimes, when I wanted a drink, I took it. Q. Did you drink any in October there at all ? A. I guess I did. Q. How long before election did you take the last? A. Oh, per- haps maybe four weeks. Q. Who sold to you the last time? A. I guess himself did. Q. Did he, as a rule, on all occasions ? A. I don't know, sir. Q. Did you attend the election there ? A. Yes, sir; I have been there part of the day. Q. Where was the election held ? A. In that hotel. By Mr. Wbllington: Q. Were you there all election day ? A. No, sir. Q. You just went there to vote? A. I went there to vote; yes. 113 Habby Eorabaok, being duly sworn, testified as follows: By Mr. Gbhtiths: Q. Where do you reside ? A. Whitehall. Q. Did you live there last November? A. Yes, sir; I have lived there for the last nine years. Q. Did you vote on election day ? A. Yes, sir. Q. Did you receive any money for casting your vote ? A. Yes, sir. Mr. Wellington. — If the committee please, I ask the committee to instruct the witness that he need not answer the question if he desires to claim his privilege. ■ Mr. Gbiitiths. — My friend is in error; there is no privilege before a legislative committee. I refer to the case of the People against Sharpe, in which Mr. Sharpe was compelled to disclose certain affairs before a legislative committee. But such disclopures can not be used against the witness in the prosecution of a criminal action. I think that was the point upon which the conviction in the Sharpe case was reversed. Mr. Wellington. — I think not. That was a special coriimittee appointed for the purpose of legislative inquiry into certain acts, and it was not a court. The committee sit here judicially. I am quite certain that such was the rule adopted in a case with which I was connected a few years ago. Mr. Griitiths. — T he Common law and statutory privileges which surround a witness in a trial ordinarily are suspended in matters of legislative inquiry, if I understand it, but with this qualification, that whatever statements are made here, if taken as a confession, can not be used against the -fritness in a criminal prosecution. In pro- ceedings supplemental to execution the same rule applies. Anyway it is a privilege for the witness to exercise and not for the counsel to raise. Mr. Wellington. — I do not raise it as an objectipn. Mr. Geibtiths. — Unless my friend says he appears for the witness as counsel — Mr. Wellington.— No; I do not. I should have to refresh my recollection by reference to some authorities, for I did not apprehend the question would arise. As I understand it, if this man swears to any act which would incriminate him, he might be punished for it. It might be taken for evidence and for that reason I suppose it is proper that he should be warned. Mr. Geiffiths.— I am very clear that there is a constitutional question in regard to the question of bribery. I think where a Ifegis- 15 114 lative inquiry is directed, that are no privileges, given to any persons in such an investigation, but if the common law prevails and not the statutory rule, it is a privilege with the witness and not for counsel. Mr. Wellin&ton. — I do not claim it for him. Chairman Boesoh. — The committee is of the opinion that he should answer. Q. What do you say as to whether you got any money election day? A. I did, sir. Q. Who gave it to you ? A. It was given by George Neddo. Q. Who does he work for ? A. For himself; he is a boat builder. Q. Does he work for Mr. Burleigh ? A: I couldn't say; I think he does. Mr. Wellington. — I move to strike out what he thinks. He says he does not know. Mr. Grtpfiths. — I am going to find out how much he does know. Q. This man is a boat builder ? A. Yes, sir. Q. He works for Burleigh? A. Yes, sir; the way it comes that I know that is that I went to Burleigh for the money, and he said that Mr. Neddo had the money. Q. You talked with Burleigh first ? A, Yes, sir. Q. He told you to go to Neddo ? A. Yes, sir. Q. You got the money when you went to Neddo ? A. Yes, sir. Q. That was right; then you voted 1 A. Yes, sir. Q. Did they give you a paster ballot to vote ? A. Yes, sir. Q. You voted the one they gave you ? A. Yes, sir. By Chairman Boesoh : Q. Did you get the money before you voted? A. No, sir; I didn't get it until the day after. By Mr. Griffiths: Q. Do you know whether they had to send to Sandy Hill to get it? A. I couldn't tell you. By Mr. Wellington: Q. What is your business ? A. Laboring, when I can get work at it; Ihave been on the canal, boating; I can't do anything now much. Q. How long have you lived in that voting district ? A. Nine years. Q. You sold yo,ur vote every election ? A. No, sir. Q. Is this the first time ? A. Second time. Q. Who bought it last year ? A. I can't remember that rightly; my memory is pretty short. 115 Q. What are your politics ? A. I am no politician; I am no party man; I never have been; I uphold no party. Q. What ticket did you use to vote before you used to sell your vote ? A. I used to vote both; " split tickets; " if there was a man on one side I liked I would vote for him, and if there was one on the other side I would do the same. By Chairman Boesoh: Q. How much did you get ? A. Three dollars. f By Mr. Wellington : Q. What was this man's name ? A. Neddo. Q. Mr. Neddo is in business there for himself ? A. Yes, sir. Q. He doesn't work for Burleigh? A. I don't say nothing about that; I don't know whether they were in partnership or not; I couldn't say. Q. How much money did you get ? A. Three dollars. Q. Tou are a pretty cheap priced man ? A. I thought I was getting as much as the rest. Q. Had you offered to sell out to the other side ? A. No, sir. Ambeose La France, being duly sworn, testified as follows : By Me. Griffiths : Q. In what election district do you live? A. Third. Q. Village of Whitehall? A. Yes, sir. Q. Did you vote there at the last election ? A. Yes, sir. Q. Do you know Mr. Neddo ? A. Yes, sir. Q. Did you see him on election day ? A. Yes, sir. Q. Where I A. Around the streets. Q, In the vicinity of the polling place? A. Within 150 feet. Q. Did you have a conversation with him about voting ? A. No, sir. Q. Did he talk with you at all? A. Yes, sir; not about voting at all. Q. Was your conversation concerning the election ? A. No, sir. Q. Did you have any misunderstanding with him growing out of anything that occurred on election day ? A. No sir. Q. Did you have any misunderstanding with him relating to the payment of any money ? A. No, sir. Q. Did you vote a paster ballot? A. No, sir. Q. You say that Mr. Neddo didn't solicit you to vote ? A. No, sir. Q. Have you ever told any person that he agreed to give you any money ? A. No, sir. 116 Q. And that you had hard work to get it? A. No, air; I didn't; he didn't promise me any. Q. Did anybody offer you any money 1 A. No, sir. Q. Or promise you any money ? A. No, sir. Q. For your vote on election day? A. No, sir. Q. Have you ever said that they did ? A. No, sir. Q. Are you certain about that ? A. I am pretty certain about ii Q. When were you subpoenaed ? A. I think it was Saturday, or Friday, I am not certain which. Q. Who have you talked with since you were subpoenaed ? A. Nobody. , Q. Do you know Tracey Collin ? A. Yes, sir. Q. Have you seen him 7 A. Yes, sir. Q. Talked with him ? A. No, sir; not upon this subpoena business. Q. What was it about? A. It was to get a mileage book to come here. Q. You borrowed his mileage book ? A. Yes, sir. Q. He didn't say a word about this matter ? A. No, sir. Q. He didn't tell you to tell the truth ? A. No, sir; Tracey Collin didn't. Q. Do you know Mr. Wicks ? A. Yes, sir. Q. Did you see him ? A. I have seen him in the street, but not to speak. Q. By whom are you employed ? A. Mr. Burleigh. Q. Is Mr. Burleigh home ? A. I couldn't say. Q. You know he has been out of town for a day or two? A. No, sir; I don't know. Q. You haven't seen him about Friday or Saturday ?^ A. No, sir; I haven't seen him and I don't know whether he is out of town. Q. You, of course, had to tell Collin where you were going in order to get his mileage book ? A. No, sir; I didn't; I asked him for a mileage book and he gave it to me. Q. You didn't tell him whether you were going to Canada or com- ing this way? A. No, sir; he wouldn't let me have it if I was going to Canada. Q. It is a D. & H. mileage book ? A. Yes, sir. Q. What arrangement did you make to pay him for the number of miles you took out ? A. Not any. Q. He let you take the book without any charge ? A. He let me take the book; there was nothing said about charging. Q. You didij't tell him you had been subpoenaed ? A. I didn't tell my business to nobody. 117 Q. Tou didn't have to be excused from your labor? A. No, sir; because the mill had shut down. Q. Did he offer to come with you and help you ? A. No, sir. Q. Did he come with you? A. No, sir. By Chairman Boesoh: Q. Did he ever loan you his mileage book before ? A. No, sir. Chairman Eobsoh. — Any questions, Mr. Wellington? Mr. Wellington. — No; I have no questions. William P. Cabr, being duly sworn, testified as follows: Examined by Mr. Geeffiths: Q. William, where do you reside ? A. North Lansingburgh. Q. In the town of Lansingburgh, Eensselaer county. A. Yes, sir. Q. Tou live in what election district ? A. Seventh. Q. Live with your father? A. No, sir; I live alone. Q. You wer^ a resident and voter in that district last election ? A. Yes, sir. Q. Do you know a man named Erwin, who Uves in the district? A. Yes, sir. Q. Did you have conversation with him about voting ? A. Well, he came to me. Q. What did he say to you? Mr. Wellington. — I object to it as hearsay. Mr. Gbitfiths. — We purpose to follow it up by showing that Erwin solicited and offered him money, and gave him money to vote the Republican ticket. Chairman Eoesoh. — Objection overruled. Answer the question, Mr. Witness. Q. Answer the question, William ? A. He offered me five dollars to vote the BepubUcan ticket. Q. What did you do ? A. I told him it wasn't enough. Q. Go on, William. A. He said he would go and see if he could get me any more. • Q. Who did he go and see? A. He must have gone and seen — Mr. Wellington. — (Interrupting) I object to that. Mr. Gbiffiths. — If you don't know, don't try to tell. Q. Did he come back ? A. Yes, sir. Q. Did he " raise ?" A. Yes, sir. Q. How much? A. Three dollars. Q. Made it eight dollars ? A. Yes, sir. Q. You closed the arrangement at that? A. Yes, sir. 118 Q. You went and voted ? A. Yes, sir. Q. Who gave you the money ? A. David Hannah. Q. Formerly Eepublican police commissioner of the village of Lansingburgh ? A. Yes, sir. Q. That ended the transaction? A. Yes, sir. Q. You voted the Eepublican ticket, as you agreed? A. Yes, sir. Cross-examination : By Mr. WELUNaTON: Q. Can you read ? A. Yes, sir. Q. Did you ever vote the Republican ticket before? A. Yes, sir, Q. Did you ever vote the Democratic ticket? A. Not on State election. Q. You have voted the Democratic ticket at a national election ? A. No; village election. Q. Voted for Judge Griffiths ? A. I don't know. Q. What is your age ? A. Twenty-six. Q. When did you cast your first vote — when you were 21? A. I think I was 22. Q. Sold your vote every year ? A. No, sir. Q. When did you first sell your vote? A. I guess that was the first. Q. Are you sure of that ? A. Yes, sir. Q. How did you come to do it? A. Well, he asked me to; they asked me to. Q. Who did? A. Erwin. Q. A Eepublican ? A. Yes, sir. Q. What ticket had you voted theretofore ? A. The Republican, mostly. Q. Voted it before without being bought? A. Yes, sir. Q. How came he to ask you to be bought for voting ? A. I suppose he thought may be I would vote the other way. Q. What reason had he to do that? A. I don't know. Q. Had you been approached by men on < the other side? A. No, sir. Q. By no one ? A. No, sir. Q. You hadn't been offered a cent on the other side ? A. No, sir. Q. You had always voted the Eepublican ticket, and this man knew it ? A. Yes, sir. Q. And yet he gave you eight dollars for your vote ? A. Yes, sir. Q. Do you know what an oath is ? A. Yes, sir. • Q. Did you know you were under oath now ? A. Yes, sir. 119 John Suitob, being duly sworn, testified as follows: By Mr. Gbhtiths: Q. Where do you reside ? A. Lansingburgh. Q. Are you a voter in the town ? A. Tes, sir. Q. In what district 1 A. Seventh. Q. Do you know Warren Erwin ? A. Tes, sir. Q. Is he a Republican worker in that district? A. Tes. sir. Q. A man quite prominent in Republican politics there ? A. Tes sir. Q. Do you remember seeing him on last election day ? A. Tes, sir. Q. Whereabouts? A. At the election polls . Q. Did he have a conversation with you ? A. Tes, sir. Q. What was it? A. Well, he stopped me and asked me was I going to vote; I said yes. "What are you going to vote?" I says, "Democrat; " he says, " I will give you five dollars to vote the Repub- lican ticket; " I says, "No, sir," and I walked away from him. Q. Did you see Hannah about there ? A. Tes, sir. Q. This man Erwin and he were working together ? A. Tes, sir. Q. Ton didn't take the money? A. No, sir. Q. Tou went in and voted without being paid ? A. Tes, sir. Gross-examination : By Mr. Wellington: Q. What district was this ? A. Seventh. Q. Had you always voted the Democratic ticket ? A. Tes, sir. Q. Do you know who was handling the Democratic money upon that day, in that district? A. No, sir. Q. Do you mean by that that you don't know his name or don't know the man, or don't you know there was any money? A. I couldn't say there was any; I wasn't ofEered any. Q. I don't accuse you of having been offered any; but don't you know there was Democratic money around ? A. No, sir; I don't know. Mr. Geipfiths. — ^Tou have been misinformed, Mr. Wellington. Mr. Wellington. — Quite likely. Pateiok MoBiAETr, being duly sworn, testified as follows: By Mr. Whitman : Q. Where do you reside ? A. Greenwich, Washington county. Q. What election district do you vote in? A. Third. Q. Where is that district located? A. At Middle Falls. Q. Is what is known as Bald Mountain in that district? A. Tes, sir. 120 Q. What kind of business is carried on there ? A. Lime works. Q. Are there also paper mills in that district? A. Yes, sir; at Middle Falls. Q. Tou attended the election held on the third of November last in that district ? A. Yes, sir. Q. In what capacity ? A. Inspector. Q. For which party ? A. Democrat Q. Who were the other two inspectors ? A. John Setiff and Otto Trumbull. Q. What were their politics ? A. Eepublican. Q. Did you see any transaction between a voter and Eobert W. Loeber. A. Yes, sir. Q. What was it ? A. Mr. Loeber brought in a voter that I always considered a Democrat, and because he was illiterate he wanted to go into the booth with him; I remonstrated and he wouldn't have it; finally, after he saw he couldn't do that, he went to one Mr. Sprague and got a Eepublican ballot and gave it to this man and told him to paste it on, and dictated to him in regard to the matter so that the old man went in and voted. Q. Where was it given to him ? A. Within six feet of where I was; right in the room. Q. What did you do to try and stop it ? A. I told Mr. Loeber I would have him arrested. Q. What do you know about a paster being voted ? A. I know he went in and voted. Q. Carrying the paster into the booth ? A. He returned with the ticket and deposited it in the ballot-box. Q. Who is Eobert W. Loeber ? A. A very prominent man in that part of the country. Q. A Eepublican of long standing ? A. Yes, sir; always. Q. It was he who established the lime works at Bald Mountain ? A. Yes, sir. Q. What do you know about other Eepublican workers working and canvassing for votes within the polling place ? A. I know Mr. Sprague worked there all day. Q. What is his full name ? A. Walter E. Sprague. Q, What is his business ? A. Paper manufacturer. Q. Does he employ a large number of men? A. Yes, sir. Q. Is he a Eepublican ? A. Oh, yes. Q. Prominent Eepublican ? A. Yes, sir. Q. Been supervisor of his town ? A. Yes, sir. Q. And held other poBitious ? A. Yes, sir.' 121 Q. You say he was elected on the Republican ticket? A. Yes, sir. Q. You say he worked within the polling place all day ? A. Yes; he worked right in the room where I was. Q. Did he give or offer voters pasters ? A. I saw him give Lo6her one for this man I have told about. Q. You were busy with, your duties, and did you see him carrying a package of Republican pasters? A. Yes, sir; he hftd them in his hand. Q. All day long? A. I couldn't tell what he done out of doors; I saw him have them. Q. Did you see any marked ballots, or anything you thought was marked? A. Yes, sir. Q, What do you know about it? A. There was one ballot that had a paster upon it, and there was some tobacco put upon it; a man afterwards told me about putting it in there, and he told me it was so as to show what the ballot was; it was James Stover told me. Q. What did you do by way of stopping this electioneering within the polling place ? A. I insisted upon the chairman of the board stopping it; at that time he did so; it was brought up again. Q. It was afterwards renewed ? A. Yes, sir. Q. Did you again protest 1 A. Yes, sir. Q. What was done ? A. He stopped it again. Q. Was it afterwards renewed ? A. Not upon such a large scale as it was before. Q. Do you know a man named George Trumbull ? A. Yes, sir. Q. Did you see him do anything ? A. Yes, sir. Q. What? A. Dictating to voters how to put on pasters, etc., in there. Q. Whereabouts ? A. Right in that room. Q. Did he go into the polling booth with any person claiming to be physically disabled? A. No, sir; not him; his brother did; a man came in there who said he was physically disabled, because he couldn't see; the fact of the matter was that he couldn't read. Q. Do you know that as a fact ? A. Yes, sir. Q. What do you know about his ability to see ? A. It was good; just as good as mine; I have seen him work and I have worked with him twenty-five or twenty-six years. Q. His " disability " so far as being unable to see was a disability in not being able to read ? A. Yes, sir. Q You say he could see ? A. Yes, sir; as well as I could. Q. Who went into the polls with him ? A. Titus Trumbull. 16 122 Q. Is he a Republican or a Democrat? A. Republican; he is the assessor of the district. Q. Was there any protest against that made by you ? A. No, sir. Q. Mr. Loeber is a man of education ? A. Yes, sir. Q. A man exceedingly well posted ? A. Yes, sir. Q. Did he there insi;)t to the board that the Ballot law was such that inability to read was a " physical disability " within the meaning of that act? A. Yes, sir. Q. Did he succeed in convincing them? A. No, sir; not me. Q. The other members ? A. They didn't take it up very much. Q. Do you recollect about how the vote stood in that district at the last election ? A. Yes, sir. Q. How was it? A. The Republicans had, I think, about s;xty- eight majority. Q. How should it be ? A. It should be the other way a little. Q. Slightly Democratic ? A. Yes, sir. Q. .About how much? A. According to the canvass it ought to be three Democratic. Q. That is the Democratic canvass made before election ? A. Yes. Q. Do you know it to be a fact that the canvass made ^3y the Republicans showed it to be Democratic before election ? A. I can't say as to that. Q. Have you heard that ? A. No, sir. Q. You know about every voter in the district? A. Yes, sir. Q. You know their political affiliations ? A. Yes, sir. Q. The employes at the lime works at Bald Mountain and at the paper mills owned by Sprague, all vote at this district? A. Yes, sir. Gross-examination : By Mr. Wellington: Q. Was there a full vote? A. No, sir; I think not. Q. What proportion of those registered voted? A. There were over two-thirds voted. Q. Did you take the Democratic " tickler ? " A. Yes, sir. Q. You don't know how accurately it was taken ? A. No, sir. Q. What you mean by stating as to what it ought to be is that if the Democratic tickler was accurate and everybody voted as the tickler ' represented there would be a Democratic majority of how much ? A. About three in the district. Q. Do you know of any Denlocrat who was prevented from voting at that election ? A. No, sir; I don't. x 123 Q. Do you know of any who was intimidated? A. No; no more than I have already told. Q. You mean what took place in the election room ? A. Yes, sir. Q. I mean do you know of any Democratic voter in that district who was intimidated so he was afraid to vote ? A. I know of one Democratic voter that was coaxed to go and vote the Republican ticket. Q. That is legitimate? A. You may call it "legitimate." Q. It is legitimate for party men to ask men of different politics to vote for their party? A. Yes, sir. Q. You don't think that is* unfair? A. I am speaking of in the polling place. Q. Do you know of anybody who was intimidated? A. Just one. Q. Who was it? A. Timothy Sullivan. Q. How was he intimidated ? A. Well, I couldn't tell you how; I know he ought to have voted the Democratic ticket, and I know a Bepublican coaxed him to vote the Bepublican ticket. Q. I mean, do you know of any Democrat who was afraid to vote as he chose ? A. No; I don't. Q. Do you know of any man who voted in that district who did not have a right to vote there ? A. I don't remember. Q. Do you know of any Democrat who was denied the right of suffrage in that district at that election? A. No; I do not. Q. Were the ballots which were voted put into the ballot box ? A. Yes sir. i Q. Were they all counted accurately ? A. I think so. Q. Was the result correctly declared? A. I think so. Q. Then the result at that time, declared as it was at that time, represented the will of the majority of the men who voted upon that day? ' A. I suppose so; it looked that way. Q. As to these instances in the polling place, these irregularities you speak of, did such an occurrence happen more than once that a paster was given to a voter in the room ? A. That is all I saw. Q, You threatened the Eepublican who did it with arrest? A. Yes, sir. Q. So far as you saw, he stopped? A. Well^ he stopped there; I don't know what he done out of doors. Q. In the room ? A. He didn't do that again in the room that I saw. Q. Did the man to whom he gave the paster, ask for it? A. I think the man didn't know what to do. Q. He was in doubt? A. Yes; I would call him so; he was ignorant of the way of voting. 124 Q. Do you know whether he voted that paster ballot ? A. I can't say; I didn't see him. Q. There was something I did not catch, as I was talking with some one at the time, about tobacco — I heard the word "tobacco" — what was it? A. Well, the man that voted there told me that he marked one of his ballots, and he asked me if I saw it, by putting tobacco between the paster and the ballot; I told him I saw it; he said he done it. Q. Was that a Republican ticket ? A. He was a Eepublican; I wouldn't swear it was a BepubUcan ticket. Q. Was it a Democratic paster upon it ? A. I wouldn't swear either way; he was a Republican of the first water. Q. Was there not a Democratic paster upon the ticket? A. I wouldn't swear. Q. What is your best recollection ? A. I wouldn't say. Q. Was not the reason he spoke to you about it to call your atten- tion to the fact that he had voted the Democratic paster; isn't that the fact ? A. I don't know. By Chairman Boesoh: Q. Tou saw the tobacco ? A. Yes, sir. /Q. Can you not say what the paster was, then? A. No, sir; I couldn't swear to it positively; he told me afterwards that he voted the Democratic ticket; whether he done it or not I couldn't really swear to it. By Mr. Wellington: Q. That was the object of his calling your attention to the paster ? A. He called my attention to it in that way. By Mr. Whitman: Q. Tou don't know what effect it had upon these laboring men, the fact that large employers of labor were in there peddling their pasters ? A. I know what effect it had a couple of years ago, or a year ago. Q. The tobacco was put where? A. Between the regular ticket and the paster. Q. So the tobacco could be felt underneath the paster? A. Yes, sir. By Mr. Wellington: Q. That ticket was counted for the Democrat candidate ? A. I will not swear to that fact; undoubtedly it was counted. Q. It was not rejected? A. No; nobody paid any attention to it 125 Mr. Wellington. — Well, that is one for us. Mr. GairrarHS. — Well, we will give you that. ' John MoCabe, being duly sworn, testified as follows : By Mr. Whitman: Q. Where do you, reside? A. Middle, Falls, Washington county, town of Greenwich. Q. What district did you vote in? A. Middle Falls; I don't know what district. Q. Were you a Democratic watcher there ? A. Yes, sir. Q. Tou know Bobert W. Loeber ? A. Yes, sir. Q. Did you see him at the polls ? A. . Yes, sir. Q. State what you saw him do in reference to showing a man how to vote ? A. I saw him give a paster to a man standing there. Q. Whereabouts was the man standing ? A. Inside of the railing. Q. Near the voting booth 1 A. Where they kept the tickets. Q. What did he do ? A. Loeber was outside of the railing, and he handed him the ticket. Q. Handed them over the railing while he was taking the regular ballot ? A. While he was standing there any way. Q. What did he say to him when he handed it to him ? A. I couldn't say. Q. Oouldn't you hear him ? A. I suppose I could, but I didn't mind what he said. Q. Did he show him how to do anything ? A. No, sir; I didn't see him. Mr. Whitman. — That is all. Mr. Wellington. — That is all. John T. Keegan, being duly sworn, testified as follows: By Mr. Whitman: Q. Where do you reside ? A. Town of Easton, first district (upper district). Q. Washington county ? A. Yes, sir. Q. Were you a member of the election board at the last election ? A. Yes, sir; I was a watcher. Q. For what party ? A. Democrat. Q. What time did the polls open that day ? A. I think about half- past 10 o'clock. Q. As you understand, the law is, that they should open at sunrise ? A. Yes, sir; I did understand it that way. 126 Q. What do you know about the fact that a number of people, workingmen,' went away without voting on account of the polls not being opened? A. I couldn't tell exactly; I know quite a number went away, as they hadn't time to stay. Q. Were you there in good season ? A. I was there at 7 o'clock. Q. What is the board politically ? A. Two Eepublicans and one Democrat. Q. The town of Easton is a strong Eepublican town? A. Yes, sir. Q. Always going Republican as a rule ? A. Yes, sir. i Q. What do you know about the Republicans crowding into the room when the polls were open ? A. I don't know how they crowded in, but when I tried to get in, all there was in there was Republicans; I went away after I saw the ballot-boxes were not there; when I came back it was full of Republicans; it took me until 12 o'clock before I could vote. Q. Who did you see of prominent Republicans in there ? A. John Barber, Edward Hagerman. Q. Mr. Tubbs? A. No, sir; JohnOber; those were the three prin- cipal men I saw. Q. Does Hagerman hold any official position there ? A. No, sir. Q. Has he lately ? A. Not that I know of. Q. Has Barber been supervisor ? A. Not that I know of. Q. What did you see these men do in the room ? A. I saw that eve^ry man that came up to the top of the stairs they would catch him and try to vote him. Q. Did they have pasters in their hands? A. Yes, sir; but I couldn't swear to their using them. Q. They would approach men and apparently solicit them to vote? A. Yes, sir. Q. Where was this polling place ? A. In a kind of attic over Joe Miller's blacksmith shop. Q. Was this soliciting done at the top of the stairs leading up to the attic? A. Yes, sir; it was a little, small room. Q. How large a room was it in which the polls were held? A. I should think about twentj^ or thirty feet square. Q. Was it within that twenty or thirty feet where these men were and where this soliciting was done? A. Yes, sir. Q. Did you have some conversation with Hagerman ? A. Yes, sir; outside. Q. What was it? A. He tried to vote a man at the top of the stairs and handed him a paster, and somebody told him he would have to ' 127 go 150 feet from the polls; I followed him out; I got down stairs, and just outside the door he handed the man a paster. Q. How far is that from the polling place ? A. Ten or fifteen feet; just down a flight of stairs and out of the door; there was a door immediately outside; close the door and they were on the street. Q. What else was done? A. It was an old man; he asked how to fold the ticket; and he said, "Never mind that; come up stairs and tell them you ca,n't read, and I will fold the ticket for you"; I followed them up, and Hagerman took him into tibe booth and folded his ticket. Q. Was the man sworn ? A. Yes, sir. Q. What did he swear to? A. He swore he couldn't read. Q. What do you know about the man's ability to see ? A. I don't know anything at all about it; I heard those say who knew him that he could read. Q. Who was it ? A. I can't tell you. Q. Was his name Gates? A. I don't know; I don't believe it was. Q. Was he able to come there alone? A. Yes; he drove a horse up there and hitched it to a post. Q. Di^he receive any assistance in getting up the stairs ? A. No, sir. Q. He walked up himself ? A. Yes, sir. Q. Hagerman went into the booth with him and came out with him ? A. Yes, sir. Q. Did he go with him to the ballot-box ? A. No, sir; he left him outside of the booth — Q. (Interrupting) Did he stand where he could see what he handed to the inspectors ? A. Yes, sir. Q. Hagerman has been a well-known Bepublican in that town as long as you have known him? A. Yes, sir. Q. He is a gentleman of influence and wealth? A. Yes, sir. Q. What business is he in ? A. I believe in the cement business; Cipperly & Hagerman, at Galesville. i Q. Don't they manufacture some machinery? A. I guess not. Q. What do you know about a boy named Eiley coming there 1 A. There was a boy come there; he is about 18 years old; I heard him talking to John Barber and Henry Severance; Mr. Severance's is the place where the boy was boarding; he is a painter by trade, but he lives on a farm. Q. He is a Eepublican ? A. Yes, sir. Q. Was he working for the Eepublican party that day ? A. For the Eepublican party and John Barber. 128 Q. Barber runs the Bepublican party ? A. He runs this Severance. Q. State what you heard in reference to voting Riley ? A. There was Barber, and Biley, and Severance, and a man named Babcock stood in the corner of the fence talking, and I heard them telling him not to be afraid but to vote, and I went over and asked him if he was going to vote, and he said " yes."; I told him he hadn't better put in his vote for he wasn't of agej Barber told me to go on and mind my own business; I stayed there and talked to him, and he said he was of age; Severance took him off one side and finally he went in and swore his vote in. Q. How long have you known that boy ? A. Five or six years. Q. How long since he got out of knee-breeches ? A. Since that time. Q. Have you talked with him since the election ? A. Yes, sir. Q. What did he say to you about his age ? A. He said he was between 18 and 19 years old. Q. Barber and Severance had the same facilities for knowing his age that you had? A. They ought to have; they ought to have better. Mr. Wellington. — How can he answer that ? Mr. Whitman. — He can; he can tell whether a boy has just got out of swaddling clothes a year or two ago. Q. Was this boy given a paster ? A. He was. Q. Who gave it to him ? A. Ed. Babcock. Q. What is Babcock's politics ? A. Republican. Q. What is Barber's politics ? A. Republican. Q. What did you see by way of soliciting votes at the top of the stairs and inside the room; did the voters refuse to come and vote until something was done? A. Some of them did; some from Bald Mountain, at that end of the district. Q. What did you see done then? A. They would get around them -T- two or three of the fellers — and take them down stairs, and by and by the would come back and vote; come to the top of the stairs with them. Q. What did you notice about the voters having pasters when they came back ? A. Sometimes I saw them have pasters and sometimes they didn't have. Q. Anytbing else you think of ? A. That is all, J think. Q. Do you know about what the result was on the senatorial ticket at that election? A. No, sir; I do not. 199 Cresa-examinOtion : By Mr. Wbllington: Q. Did you hear any Eepublican ask any one within the room on election day to vote any particular ticket? A. No, sir; but I heard them g,sk what ticket they were going to vote. Q. How many times did you hear that? A. Half a dozen or a dozen times. • Q. Can't yo'u be more accurate than that ? A. That is as close as I could get at it; half a dozen times. Q. Do you remember tiny of the answers that were made? A. There are so many different answers I couldn't tell you; some would say, " Well, I don't know; '' it would depend upon who they were. Q. How many times did you see a paster ballot given inside the room ? A. Half a dozen times, I should think. Q. As many as that ? A. That is right. Q. Did you see any Democrats working in that room ? A. There were none there to work. Q. Weren't there workers at the polls? A. Yes, sir; there was three. Q. Didn't they work inside ? A. No, sir. »Q. Where were they? A. They were out of doors; I was the only man up-stairs. Q. Did you solicit any ? A. No, sir; not a bit; I wasn't there for that purpose. Q. Aside from those votes the election was a fair one, wasn't it? A. Yes, sir; as far as it generally is; it is generally one-side4 anyway. Q. You mean by that that the Bepublicans had a majority? A. Yes, sir. Q. They have a majority in that district of legal voters ? A. They did have. Q. They have now, haven't they ? A. I don't know whether they have or not. •" Q. I mean last year for example, it was a Republican district, wasn't it ? A. Yes, sir. Q. This last fall it was Eepublican? A. Yes, sir. Q. Do you remember what the majority was ? A. No, sir. Q. Was it small? A. I couldn't tell you. Q. What district is it? A. It is what is called the upper district. Mr. Whitman. — District No. 2 of the town of Easton. Q. Do you know of any Democrat who was refused the right and privilege of voting ? A. No, sir. 17 ■ 130 Q. There was no one prevented from voting? A. No, sir. Q. There was no attempt made that you saw, was there ? A. No, sir. Q. The men who voted, with the exception of this young man, were all lawful voters ? A. I think so. Q. The ballots were deposited in the ballot box ? A. Yes, sir, after the ballot-box got there. Q. Well, of course they couldn't be deposited before; the ballots were accurately counted? A. I couldn't tell you that; I wasn't there. Q. You speak of the polls opening rather late; did you observe the time when the polls opened? A. Yes, sir. Q. Did you look at your watch ? A. Yes, sir. Q. What time was it ? A. Half -past 10. Q. Are you sure it was as late as that? A. Yes, sir. Q. What was the hour fixed by the board for the opening ? A. It was supposed to be at sunrise. Q. What makes you suppose that ? A. Because that is what they said; they talked it; it was published in the town paper. Q. Was that place designated as a polling place ? A. Yes, sir. Q, Do you know of in(iividual voters who did not vote upon that day because the polls opened late ? A. I can't call none by name now, but I know lots of then^ who drove away. Q. Didn't they come back? A. No, sir; I don't think they did. Q. Did you keep track of them all ? A. No, sir. Q. Then you are not able to say whether they came back? A. No, sir; not positively, but I think they didn't; they. were farmers that lived three and four miles out in the country, and if they once went home they wouldn't come back. Q. How short of the registry was the vote ? A. I couldn't tell you; after the polls were closed I went aw ay and I didn't come back that night. Q. You said a good many went away; will you swear to more than six? A. Yes, sir; I sat on the corner and I saw a lot drive off; it was like a funeral procession. Q. You don't know that all the men who drove up were voters ? A_ I heard a number of them say they couldn't stay there as the ballot boxes hadn't got there. Q. Do you know that all the men who drove away were voters ? A I knew the majority of them were. Q. Do you know that the majority were voters ? A. Yes, sir. Q. You do know it ? A. Yes, sir. Q. You know that they came to vote ? A.* Yes, sir. 131 Q. How do you know that? A. I heard them say When they left the comer that they couldn't stop there. Q. How many of them were there ? A. I didn't count them. ■Q. Will you swear to more than half a dozen ? A. Yes, sir; I think there were more than half a dozen. Q. Will you swear there was more than ten? A. No, sir; I will say there was more than half a dozen, though. Q. Isn't the village of Greenwich just a short distance from this place ? A. There is a stream about 100 feet wide that separates them. Q. There is a bridge there so the men can drive over there in the village and do their trading and come back and vote ? A. Yes, sir. Bedirect-examinalion ; By Mr. Whitman: Q. When you said that you didn't know what the result would be, did you mean to be understood that if the election was held there, at which men would be allowed to vote as they wanted to, and have a genuine, secret ballot, that you thought then it would be in doubt ? Mr. Wellington. — I object to it as incompetent. Chairman Eoeboh. — Objection sustained. Q. You have said that the election was, so far as you observed, a fair one, with the exception of the instances you have mentioned? A. Yes, sir. Q; Now, do you mean to be understood that the result of that election did express the free will of the voters in that district, in your opinion ? A. I couldn't say as to that, of course, exactly; there was some there that I knew were controlled by Hagerman and those fellers. Q. By his presence ? A. Yes, sir. Q. And by Barber ? A. Yes, sir. Q. You didn't mean to include those who were prevented from voting as you suppose ? A. No, sir. Q. These pflUs were held a short distance from Greenwich village ? A. About 300 feet, I should think. Q. Is it a fact that a large portion of the village of Greenwich is on that side of the river ? A. The town of Greenwich is on that side. Q. I mean this, a large number of people who worked in the village of Greenwich had their homes on this side of the river ? A. Yes, sir; quite a number. Q. While they lived and voted in this district their employment is at the mills and factories on the other side ? A. Yes, sir; the prin- cipal part of the district is down at Galesville; that is in the first dis- 132 triot of the town of Easton, and they have to come over to our district to vote. Q. Those polls, had they been opened on time, these men could have gotten their votes in before they went to work ? A. Yes, sir. • Becross-examination : By Mr. Wellington: Q. You speak of some men being controlled by Hegerman; do you know of a single Democrat in that election district who didn't have the opportunity, at the last election, to vote as he chose ? A. Yes, sir. Q. Can you name him ? A. Yes, sir. Q. Who was it? A. I can't call his name to mind now; he drove team for Harvey Beimett. Q. He didn't vote as he wanted ? A. No, sir. Q. Who made him vote the way he did ? A. Hegerman. Q. How do you know ? A. Because as soon as Hegerman come up he called him off in the corner and talked to him and he went up and voted. Q. That is what you mean by being made to vote ? A. Yes, sir. Q. You don't call that " intimidation," do you ? A. I thought it was. Q. Asking anybody to vote your ticket is "intimidation;" is that, your idea of " intimidation ? " A. It is pretty near it; I don't know whether he paid him or not; his father was here and he couldn't do anything with him. j Q. Do you know of any other voter in that district who was pre- vented from voting the way he wanted to ? ^ A. That is the only one I know of. Q. That is what you call being prevented from voting the way he wanted to? A. Yes, sir; I think if he was let alone he would 'have voted the Democratic ticket; he always had before. Q. That is all you mean by his not voting the way he wanted to; all you mean by that is that the Eepublicans asked him to vote the Eepublican ticket and he did it ? A. He did it. Q. That is all you mean ? A. Yes, sir; he tocfk the feller down in a corner and talked to him a couple of hours; I don't know whether he gave him any money or not, but the lad went up and voted the Eepublican ticket. Q. He talked to him two hours ? A. Well, he talked to him quite a while. Q. Can you tell time ? A. tes; sometimes. Q. Are you given to exaggerating; you don't mean that he talked to him two hours ? A.. I don't know that he talked two hours ? 133 Q. Tou don't mean that they waited until half-past 10 to open the polls ? A. Yes, sir; I mean that. Q. That you meant literally? A. Yes, sir. Mr. Wellington. — ^That is all. Charles E. Thompson, being duly sworn, testified as follows : By Mr. Whitman : Q. Where do you reside? A.« Town of Easton, Washington county. Q. What election district do you, vote in? A- First.. Q. Where is that? A, Located in Barber's grove. Q. Did you attend the election there last year ? A. Yes, sir; I was one of the inspectors. Q. Who were the others ? A. John Pratt and George Winters. Q. Were they Republicans ? A. Yes, sir. Q. A majority of the board were Republicans ? A. Yes, sir. Q, About what time did the polls in that district open ? A. About 9 o'clock. Q. Can you tell whether before or after 9 ? A. It was very near 9. Q. What was done when it was opened ? A. The booths were filled with Republicans; there were Republicq^ns who rushed in and voted and filled the room up. Q. Where did the Republican workers go who were peddling pasters? A. Some of them were inside and some just outside the rail. Q. Who was inside the voting place with pasters ? A. A. Gorham and George Biggert. Q: What is Gorham's politics ? A. Republican. Q. Did you see either of those gentlemen give pasters to voters inside the polling place ? A. Yes, sir; well, I say I saw pasters — they looked very much like pasters; I saw what I supposed were pasters. Q. Di& you say anything about it? A. I said to the chairman of the committee that I didn't think it was right for them to be handed out in there. Q. Who was chairman ? A. John Pratt. Q. What did he say in reply to it? A. He said he thought they had a right to be handed there. Q. That the workers had the right to haad pasters to voters in the polling place ? A. Yes, sir. Q, Was that ruling adhered to during the day so far as you know ? A. Yes, sir. 134 Cross-examination : By Mr. Wellington: Q. Did you see any pasters handed out on that day? A. What I call pasters; I couldn't swear positirely, for I didn't have them in my hand. Q. How many did you see ? A. One. Q. Did you see more than one handed out? A. I don't know; well^ yes; I thought I saw more than one; I saw one inside of the rail that I called pasters. Q. Did you gee more than two pasters handed inside the room to any voter on election day ? A. No sir; I didn't see two inside the rail; I only saw one inside the raiL Q. Did you see more than two handed out within 150 feet of the polling-place? A. No, sir: I think not. Q. During the entire day ? A. Yes, sir. •Q. Tou say Republicans rushed in and filled the room ? A. Yes, sir, Q. Were any Democrats prevented from voting? A. No, sir; I think not. Q. Do you know of any Democratic voter who was treated unfairly in any way at the election? A. No; not that I know of. Q. Do you know of anyone who voted that did not have the right to ? A. No, sir. Q. Were the ballots properly counted ? A. Yes, sir. Q. Was there any attempt made at any fraud that you observed upon the part of the Republicans ? A. No, sir. Q. The result was accurately declared ? A. Yes, sir. Q. And the majority as given for Mr. Derby expressed the will of the majority of the voters of that district ? A. Yes, sir. Q. So that the only irregularity that you noticed did not affect the result of the election? A. No, sir; not that I know of. Q, The one irregularity you noticed was that two paster ballots were handed to voters within 150 feet of the polls ? A. Yes, sir. Edwaed J. Welch, being duly sworn, testified as foUoA^s: By Mr. Griitiths: Q. Where do you reside ? A. Easton. Q. Which election district ? A. First election district. By Mr. Whitman: " Q. Did you attend the election in that district last fall ? A. Yes, sir; as watcher. 135 Q. One of the Democratic watchers? A. Yes, sir. Q. Did you see any men who werb permitted assistdnce in voting, upon the ground that they were physically incapacitated ? A, Yes, sir. Q. How many? A. Well, I couldn't say exactly how many; I think I could name about four. * Q. Can you name them now? A. Yes, sir; William Golden was one, and Valentine Fryer, Washington Gates and John Lewis; I can think of another one — he was physically disabled, though — named Martin; I can't think of his first name. Qi What do you know about the first four men you named, as to their being physically disabled? A. William Golden is probably 60 years old, but I don't think he is physically disabled in anyway. Q. What do you know about his going to vote? A. I know he goes about and works on a farm. Q. Evidently sees ? A. Yes, sir. , Q. Walks about the streets and roads ? A. Yes, sir. Q. Has the use of his hands ? A. Yes, sir. Q. Drives a team on the highway? A. Yes, sir. Q. What about another one ? A. Washington Gates — Q. (Interrupting) He is a man apparently in good physical health for a man of his age ? A. Yes, sir. Q. What do you know as to whether he can read ? A. He could not A. The night before election. Q. Did he come to your house ? A. No, sir. Q. Where did you meet him? A. In the Republican headquarters. Q. Were you sent for? A. Yes, sir. Q. What is your business ? A. Laborer. Q. At what ? A. Anything and everything. . Q. Common laborer ? A. Yes, sir. Q. You accepted the appointment ? A. Yes, sir. Q. Did you swear in or qualify? A. No, sir. Q. Did you give any acceptance in writing ? A. No, sir. Q. Did you receive any pay for your services ? A. Yes, sir. Q. Ho^ much ? A. Five dollars. Q. Who gave it to you? A. Robert Hall. Q. Did you wear any badge or anything to indicate what position you were acting in ? A. No, sir. Q. Do you know Patrick Casey ? A. Yes, sir. Q. Is he a Eepublican? A. I suppose he is. Q. Was he a worker last fall? A. I couldn't say. 160 Q. What was your district; which party had the most votes ? A. I couldn't say. Q. Do you know George Neddo ? A. Tes.^ Q. Was he a well-known Eepublican worker ? A. I suppose he is. By Chairman Eoesch: ^ Q. Were any rules read to you ? A. No, sir. Q. Anything explained to you in regard to your duties? A. Nothing, only to keeping parties away from the polls. Q. Who told you that ? A. I can't think of his name; I think it was a lawyer; Bartholomew. By Mr. Wellington: Q. This was a Republican distridt? A. I couldn't say. Q. Don't you remember? A. No, sir. Q. Were there other officers there besides you ? A. Yes, sir. Q. How many? A. Que. Q. Did you prevent anybody from voting ? A. No, sir. Q. Did you know of any Democrat being prevented from voting? A. No, sir. Q. Do you know of any act of intimidation by the Bepublicans ? A. No. Q. Do you know of any fraud attempted by them ? A. No, sir. Q. As far as you know the election was a fair one ? A. Yes, sir. Q. Did you prevent electioneering within 150 feet of the polls? A. I had no cause of it. Q. There was none attempted 1 A. No, sir. By Mr. Griftiths: Q. Do you mean by that to swear that no paster ballots were peddled or dispbsed of within 150 feet of the polling place ? A. I didn't see any. Q. You didn't mean to swear it wasn't done ? A. I couldn't say for that. Waeeen McFabben, being duly sworn, testified as follows: Examined by Mr. Whitman: Q. Where do you live ? A. In Whitehall. Q. How long have you lived there? A. Forty-five years. Q. Did you vote at the last election ? A. I did. Q. What district ? A. No. 4. Q. What are your politics? A. Eepublican, Q. Were they last fall ? A. Yes* sir. 161 Q. Did you receive any paympnt before election to serve as a deputy of the sheriff of that county? A. I did; by a committee; then I got the warrant give to me by Mr. Hall. Q. Who was the committee ? A. Robert Hall, A. C. Burleigh and Mr. Neddo apd two or three others asked me if I would serve if they had me deputized and I told them I would. Q. What day was this? A. I couldn't tell you the day; I met Mr. Hall a day or two afterwards in the street and he reached me this paper. Q. Have you got it with you ? A. I have not. Q. Did you qualify in any way? A. I did not. , Q. Did you sign any acceptance of the oflace ? A. I did not. Q. Did you give any bond ? A. I did not; I wasn't asked to do it. Q. Where was the election held in your district? A. District No. 4, in the village hall; that is on the east side of the creek. Q. Did you receive any pay for your services? A. I did not; they have not paid me a cent or offered to, nor I haven't asked for it and I don't expect any. Q. George Neddo lives in your district? A. Not in my district. Q. Is he a Republican ? A. I think he is. Q. A well-known Republican worker aj; the last election? A. I think he was. Q. Do you know Patrick Casey ? A. Yes. Q. Is he a Republican? A. Yes; I didn't see him to the polls at my side. Q. He belongs in another district ? A. He ought to belong in that district where I was; I didn't see him come to the polls. Q. Did you receive any instructions as to what your duties were expected to be ? A. I did. Q. From whom % A. Prom this committee. Q. What were those instructions? A. To .not allow any pulling or hauling or electioneering within 150 feet of the door; I took a line and measured 150 feet, and did not allow it that day. Q. What was the result in your district ? A. I could not tell you. Q. As to whether the Republicans had a majority? A. I heard the Republicans had nine majority. By Mr. Wellington: Q. Did you know of any Democrat that day being prevented from voting ? A. I vote . the Republican ticket myself, and I was about there for that purpose, to keep away, and if I had seen any man keep from voting, he would have been stopped. 21 162 Q. Did you know of any Democrat being prevented ? A. I know they weren't in my region, 150 feet. Q. Did you know of any intimidation practiced? A. I did not; didn't see any; if they did they wouldn't come up where I was. Q. Do you know of any fraud, or attempted fraud, on the part of the Republicans against Democrats ? A. No, sir. Q. As far as you observed, the election was a fair one ? A. I know nothing any different, as far as I could see; nothing any different within 150 feet. Q. Were there any other officers there beside you ? A. There were two Democrats. Q. What were their official positions ? A. Constables. Q. What were their names? A. Henry Waters and Frank Douglass. Q. How many Republican officers ? A. 'Me alone. Q. Was the board of inspectors Republican or Democratic? A. I couldn't tell you; but I should think they were about equally mixed. By Mr. Whitman: Q. Is it a fact when Senator Collins ran two years ago, he carried Whitehall by 450? Mr. Wellington. — 1 object to that as incompetent and immate):ial, and too remote, and he had a different opponent. Mr. Whitman. — He ran against a man that was poor; he ran against a soldier. Mr. Gkhtiths. — We propose to show that this change in the vote resulted from intimidation. Chairman Roesch. — The chair is of the opinion that it has no bear- ing on this inquiry. Objection sustained. Martin Mason, being duly sworn, testified as follows: By Mr. Whitman: Q. Where do you live ? A. Whitehall. Q. How long have you resided there? A. Twelve years in the village. Q. Were you a voter there last fall? A. Yes, sir. Q. What are your politics ? A. Republican. Q. Did you act with the Republican party last fall ? A. I did. Q. Did you receive an appointment to act as a deputy of the sheriff's a few days before election ? A. I did. Q. When was it ? A. The night before election. Q. Was it in writing ? A. Yes, sir. Q. Have you got it with you ? A. You have it. 163 Q. Who requested you to act as a deputy ? A. The county board or the village board, whatever you call it. - Q. What do you call it ? A. The committee. Q. Who did the committee consist of ? A. Eobert Hall, Burleigh, Neddo, Dofan and others. Q. Republicans, all of them ? A. All of ;them. Q. What time did you get the appointment ? A. The night before election. ♦ Q. Tov^^ were in the fifth district? A. Yes,, sir. Q. Did you receive instructions to serve as deputy sheriff by remaining at polling places in that district ? A. I did. Q. Did you qualify ? A. No, sir. Q. Did you take any oath of office ? A. No, sir. Q. Did you sign any acceptance of the appointment? A. No, sir. Q. Without qualifying you discharged the duties of your office for that daj* ? A. Yes, sir. Q. Did you receive any compensation ? A. I have not. Q. Haveh't been paid ? A. No, sir. Q. Have you asked fo'r pay? A. Yes, sir. » Q. Did you get it? A. No, sir. \ Q. Have you been promised it? A. Yes, sir. p. Wlio promised it to you ? A. Mr. Burleigh. I By Chairman Eoesoh: Q. Who did you ask ? A. Mr. Burleigh. Q: Where were the polls in the fifth district held ? A. In Lacross's shop on William street. Q. What was the result in your district ? A. I tHnk one Kegubli- can majority. By Mr. Wellington: Q. Mr. Collins carried it by five ? A. I think the Eepublicans carried the fifth district, if I am not mistaken. Q. Did you rpake any arrest ? A. I did not. Q. Do you know of any Democrat being prevented from voting? A. 1 do not. ' ' Q. Do you know of any intimidation being practiced by Eepubli- cans ? A. I don't know as I do. Q. Do you know of any fraud being attempted -by Eepublicans ? A. No, sir. ' Q. So far as you observed the election was a fair one ? A. Yes, sir. Qi Were there any other officers there? A. No, sir; Twas alone. 164 Q. No constables ? A. No, sir. Q. The election was a quiet one ? A. Very quiet; yes, sir. Eugene Benwat, being duly sworn, testified as follows: By Mr. Whitman: Q. Where do you live? A. Sandy Hill. Q. Are you a voter there ? A. Yes, sir. Q. Did you vote last fall? ,A. Yes, sir. Q. What district did you vote? A. No. 3. Q. Is that district in Poton's block ? A. Yes, sir. Q. What are your politics ? A. Republican. Q. Were they Republican last fall ? A. Yes, sir. Q. Did you"bring a block of three, four or five men to the polls, for whom you received pay for getting their votes? A. No, sir; I came to the polls alone. Q. Did you induce some other men to vote the Republican ticket on the promise of getting your pay for it ? A. No, sir. Q. Did you receive money after the election from anyone, imme- diately after ? A. I received four dollars. Q, From whom ? A. Prom Ed. Mullin. Q. What was it for? A. To pay for my afternoon. Q. Who is Edward Mullin; old Patrick MuUin's son; what were his politics ? A. Republican. Q. Was he a Republican worker last fall ? A. Yes. Q. Did he tell you where he got it? A. He said he got it out of his own pocket; paid it himself. Q. He is a day laborer? A. A clerk; salesman. Q. Do you know of his paying other men at the same time he paid you f A. I don't know anything about it. Q. Did you see him pay any others ? A. No, sir. Q. Who was there when you were paid ? A. I couldn't tell you. Q. Where were you paid? A. I believe it was in Morrison's saloon; he told me if I would stay all the afternoon he would pay my afternoon. Q. Who was in there? A. A good many in there; Frank Barrow; Pratt Bursley. Q. Don't you know you all met there for the purpose of getting your pay ? A. No, sir. Q. Isn't that the fact? A. No, sir; we were all there smoking and drinking together. Q. Weren't these other men paid? A. I think some of them was paid for their afternoon. Q. When did he pay you this ? A. In the evening. 165 Q. After the polls had closed? A. I think so. Q. After the votes were counted ? A. I don't know. Q. What time in the evening was it? A. About 5. By Chairman Boesoh : Q. What is your distriat? A. No. 3. Q. What town? A. Kingsbury. Q. Where were you the night before election? A. To home. Q. Did you see MuUin that day ? A. I see him every day. Q. Did you see him the day before election ? A. Tes, sir; I see him every day. '' ' , / Q. Did you talk with him the day before ? A. Tes, sir. Q. Tou are employed under him ? A. Te^, sir. Q. Where ? A. King & Baldwin's lumber yard. Q. Did he talk with you there about coming to the polls and voting ? A. Tes, sir. Q. Did hfi ask you to vote for Mr. Derby? A. No, sir. Q. What ticket did he ask you to vote ? A. He knew I always voted the Eepublican ticket; he wanted I should vote Mr. Kellogg. Q. Tou are sure of that ? A. Tes, sir. Q. Kellogg wasn't elected ? A. No; he told me if I would go he would pay my afternoon. ^, Q. Didn't you chase him around a good while to get the money from him ? A. No, sir. Q. Didn't you go in Morrison's and make complaint to him they had promised you money if you would bring some votes there besides your own, and they hadn't paid you, and you were going to make a fuss about it? A. No, sir. By Mr. Wellington: Q. Were you to work for Mr. Kellogg also ? A. No, sir. Q. Were you asked to work for Mr. Kellogg? A. He wanted I should put Kellogg's name on. Q. Kellogg was a Democratic candidate for the assembly ? A. Tes, sir. Q. Who was it asked you to vote for Mr. Kellogg ? A. Edward MuUin. Q. What is Mr. MuUin ? A. A Eepublican. Q. This concern he works for is a Democratic concern ? A. Tes, sir. Q. Democrats were at the head of it ? A. Tes, sir. Q. How long have you been a Eepublican ? A. Always was. Q. How much time did you spend at the polls on election day ? A. Five hours, I guess. 166 Q. Had you been accustomed to working at the polls before this last year ? A. No, sir. Q. This was your first year ? A. Yes, sir. Q. Did you stay there until after the polls closed ? A. Yes, sit; Geoeqe E. Bigqabt, being duly sworn, testified as follows: By Mr. Whitman: Q. Where do you live ? A. Easton, Washington county. Q. What are your politics ? A. Bepublican. Q. Did you affiliate with the Eepublican party last fall ? A. Yes, sir. Q. Did you visit Sandy Hill the week before election '? A. Yes, sir. Q. What day ? A. It was oh Sunday. Q. Who did you call o^ ? A. 1 called on Mr. Derby, Marcus Allen, A. D. Arnold. Q. What was your errand ? A. Well, sir. Q. Were you after money ? A. Yes, sir. Q. Are you a Eepublican committeeman of the town of Easton 1 A. Yes, sir. Q. Were you last fall? A. Yes, sir. Q. Easton is a rural district; no village in it? A. There is no village in it; small village. Q. It lies across from Grreenwich, divided by that stream, the Batter kill? A. Yes. Q. Only two election districts in it ? A. Yes, sir. Q. Did you get the money ? A. No, sir; not that day. Q. What day did you get it ? A. I received word from A. D. Arnold to draw on him. Q. A. D. Arnold is the gentleman standing there; special county judge of Washington county? A. Yes, sir. Q. Elected on the Republican ticket? A. Yes, sir; of A. D. Arnold to draw on him for fifty dollars. Q. Did you do it ? A. Yes, sir. Q. Draft honored ? A. Yes, sir. Q. Did Derby tell you Arnold would pay it? A. No, sir; he told me he had made his assessments and he could pay ilo more money. <3, Had paid enough, he said ? A. Yes, sir. By Mr. Wellington: Q. Did you know anything about that polling place that didn't open until after 10 o'clock? A. I did not. Q. You are not in that district? A. No, sir. Q. Did you know or hear of any Eepublicans that had been paid by Democrats to remain away from the polls ? A. Yes, sir. 167 Q. How many ? A. There was a man by the name of Mason, the next day or the day after election, that told Nathaniel Whalen and myself that he received five dollars, and that there were six others that received three dollars apiece; that he was ashamed of it, and he wouldn't do it again for no man. Q. He wasaEepubliean? A. He was a Republican ? Q. From whom did he say this money came ? A. I wouldn't swear positively, but I think that he said that it came from the Democratic county committeeman. Q. It came from Democratic sources ? A. "tes, sir. Q. Was there a canvass made df the Republican voters, of all the voters of your town? A. Yes, sir; I was authorized to do it by the chairman of the county committee; of the Republican committee. Q. When was the canvass made ? A. That was made a week before election. Q. How many men were employed ? A. There was two; myself and Mr. Merrill. Q. What did that cost? A. It cost over forty dollars; between forty and forty-five dollars. Q. Did the Republicans in your town have money to pay for that work?* A. They did not; I only received thirty dollars from the county committeemen. Q. Is your town a large one ? A. Quite a large town. Q. How many voting districts ? A. Two; it is a long town. Q. Did you, on election day, have teams to take voters ? A. Yes, sir; I had rooms to hire and I had dinners to pay. Q. What were your expenses ? A. I made out a report and my expenses, allowing Nathaniel Whalen a team; put in five dollars of his own money; Howard Slocum worked a team all day; charged nothing for it; I had eighty dollars in all, and I was out five dollars myself besides. Mr. Whitman -^ We will have no more witnesses until the arrival of the train at 5 o'clock. Chairman Roesch — What assurance is there there will be witnesses on hand then ? , Mr. Whitman — Subpoenas were issued for them immediately after the last adjournment, and up to yesterday, at 12 o'clock, the officer had been unable to get service on any of them, although they are l)usiness men of well known places. I got a telegram from him this forenoon from Troy, stating he would be able. He had heard one of his men had got service on three of them. 168 Ohairman Roesch — How many witnesses do you expect here at 5 o'clock ? Mr. Whitman — I have no assurance of any more than three; sub- poenas are issued for some eight, I think. Chairman Eoesch — When do you expect to close the case ? Mr. Whitman — Two more hearings. Mr. Gbipfiths — I want to say a circuit commences in this city on Monday, in which Mr. Roche and myself are pretty well occupied, and while I don't expect this learned committee will be in waiting to suit our personal engagements, nevertheless it embarrasses both Mr. Roche and myself to such a degree we can't be here. Mr. Wellington tells me he will be engaged in the United States court, and also the Saratoga circuit. Mr. Wellington — One day in the United States court. Mr. Griffiths — We have been anxious to present our case as rapidly as possible. We have not had time sufScient to do it, and while we ask for this adjournment, there is no use of our coming here unless we are prepared to go on with it. If an adjournment is had now it must be had for some time after next week. Mr. Wellington — The Saratoga circuit isn't next week. Chairman Roesch — If an adjournment is had now it must undoubtedly be had for a time beyond next week, for the reason, yesterday the committee fixed, I think, Tuesday Wednesday and Thursday of next week for the Saratoga contest. The committee will be busy with its labors individually, as members of the senate, during the day, so that the evenings appear to be the only time left for hearings for the committee. Chairman Roesch. — The Collins-Derby contest stands adjourned until Wednesday evening, January twentieth, at 7 o'clock. The committee then adjourned to Wednesday,'January twentieth, at 7 p. M. AuBANT, Wednesday, January 20, 1892 — 7 p. m. The committee met pursuant to adjournment. Present — Chairman Roesch and Senator Endres. Daniel W. Habeington, being duly sworn, testified as follows: By Mr. Roche: Q. Where do you reside? A. Sandy Hill. Q. Did you reside there last fall ? A. I did. Q. Did you vote in Sandy Hill ? A. I did. 169 Q. What are your politics?, A. Eepublican. Q. What district did you vote in ? A. ¥o. 2. Q. On the day of election how long had you resided in that district ? A. I moved into that district about the middle of October. Q. Had you been in that district for thirty days? A. No, sir; I had not. Q. Was your son living with you? A. Yes, sir. Q. Was he of age?/ A. Yes, sir. Q. When did he move in ? A. The same time I did. Q. Did he vote? A. He did. Q. His politics Eepublican ? A. Yes, sir. - Q- You were urged to vote by the Republicans in that district ? A. Not particularly. Q. Was it suggested to you that you should vote, you and he ? A. Yes, sir; it was. / Q. He voted, also ? A. Yes, sir. By Mr. WELiiNaiON: Q.' Where did you vote last year? A. I voted in district No. 2; Sandy Hill. ^ Q. And at the last election what did you vote in ? A. No. 1. Q. You had been voting in that town how long ? A. About nine years. Q. Were you registered in district No. 2 last fall? A. I was; yes sir. Q. Were you registered in No. 1, also? A. No, sir. Q. Did you notify the inspector of district No. 1 to leave your name off,? A. No, sir. Q. Where was it you voted a year ago ? A. No. 1. Q. Did you notify the inspectors in the district in which you voted last year to leave your name off the register? A. I did not. Q. WTiere did you live a year. ago ? A. I lived in district No. 1. Q. What street ? A. On street. Q. Did you own the house? A. No; not then; no, sir; not that house. Q. Do you own the house you now reside in ? A. I do. Q. That is the house you moved into in p^tober ? A. Yes, sir. Q. When did you first commence to move into that house? A. First day of May. Q. When did you first move anything into the house ? A. Early in September; soon after the fair. Q. And did you claim that to be your residence ? A. I did. 22 170 Q. At that time ? A. Tes, sir. i Q. So that you claimed your residence in district No. 2 more than thirty days before election 1 A. Tes, sir; I did, as far as that goes. Q. Who was it — anyone urge you to vote in district No. 1 ? A. Not particularly. Q. Was there any reason that you should vote in that district, rather than the district you voted in a year ago — did it make any difEerence? A. I was registered in district No. 1, and I was also registered in district No. 2. Q. Did you appear before the board of registration ? A. I did. Q. When they sat as a board of registration ? A. Yes, sir. Q. Was the question of residence brought up ? A. It was. Q. Did you make a statement to the board ? A. I did. Q. What did you state to them ? A. Stated to them I moved into that place about the middle of October; we had a stove in there and some other things we was cleaning up; getting ready to move in permanently. Q. Did you own the place ? A. Tes, sir. Q. Did you own the house in November ? A. Tes, sir. Q. Were you challenged when fou came to register ? A. No, sir. Q.' Were you challenged when you came to vote ? A. No, sir. Q. Tou had no other residence ? A. No other on earth than that; no, sir. Q. And you did claim that as a residence more than thirty days before election? A. I did. Q. How about your son; has he lived with you? A. Lived with me always. Q. And what about his case; did he make the same claim? A. Made the same claim. By Mr. Boohe: Q. Who did you make this claim to; who was present ? A. To the board there. Q. How long before the middle of October; any time in the month of September; who did you make the claim to that your residence — that you had a residence in this house ? [Objected to as immaterial.] A. On the day I went to register in district No. 1. Q. What day was that? A. I forget just exactly; it was a day or two before election. Q. Now, at any time during the month of September, did you make claim or make the assertion to any person that you had residence in this new house you were building? A. Not at that time I didn't. 171 Q. Where did you live, «leep and eat before the middle of October ? A. District No. 1. Q. And your family also? A. Yes, sir. Q, You are a married man ? A. Yes, sir. Q. There was some question in regard to your registering? A. There was; yes, sir. Q. And you consulted with Republicans on the subject, did you ? A. Yes, sir. Q. And it wasn't until the last day before election t|hW you went and registered ? A. The last day they sat. Q. That was the Friday before election in your town, wasn't it ? A. Yes, sir; I think it was. Q. You knew then that you were an actual resident of that district only since the middle of that month ? A. That is all. Q. And your son the same ? A. Yes, sir. Becross-examination : By Mr. Wellington: Q. You had not made any claim to anyone else, that you were a resi- dent of district No. 2 ? A. No, sir. Q. Had you more than thirty days before eilection ? A. I had not. Q. Had you, thirtjr days before election, formed the intention to make district No. 2 your residence ? A. Yes, sir. [Objected to as immaterial.] Chairman Roesoh. — The committee will allow the answet to stand. Q, Was the contract for your house such as to call for the comple- tion of it before — A. (Interrupting) It was to be completed by the first week of September. Q. And there was a delay, was there? A. Yes, sir; the carpenter was sick and they didn't get it completed. Q. When did you take possession of the house and move things in? A. The first; right away after the fair; moved in a stove. Q. When was that? A. About the middle of October when we moved in. Q. When did you first move anything into the house? A. In September. Q. What did you move in ? A. Moved in a stove. Q. Anything else ? A. Chairs, and things for cleaning ^p. Q. When did you commence to clean up ? A. Right away. Q. When was that? A. In September. Q. Did you have your servants in there at work in September ? A. Yes, sir. 172 John H. Eilboubn, being duly sworn, testified as follows: By Mr. Eoohb: Q. Where do you reside ? A. Whitehall. Q. Did you live there last November, the day of election ? A. Yes, sir; I have lived there ever since; yes; for twenty-five years. Q. Did you vote there last November, and in what election district ? A. Well, there is only a couple of districts in our town; two is about all the districts there is there. Chairman Eobsoh. — In which one did you vote? A. I don't know which district it was. Q. Was it in district No. 2 ? A, I always canalled it for a living. Q. Describe the house ? A. It was on the west side of a creek; this one; there isn't but two districts there; it ain't a very large city. Q. Have you generally voted the Democratic ticket ? A. No, sir; I don't know as I ever voted the Democratic ticket. Q. Did you last fall ? A. No, sir. Q. Were you offered anything for voting last fall ? A. Yes, sir. Q. How much about ? A- Oh, a little over a five. Q. Five what; five dollars? A. Yes, sir. Q. Who offered it to you ? A. Well, John Neddo. Q. What are his politics ? A. Well, I don't know that gentleman's politics; I know he paid me for voting the Bepublican ticket. Q. And did you vote it? A. I believe I did. Gross-examination : Q, What is your business ? A. Well, my business this winter don't amount to much; I am a canaller. Q. Where do you reside ? A. In Whitehall. Q. Ever been convicted of a crime ? A. Not that I know of. Q. You are not certain ? A. Well, I am positive. Q. Which way are you positive; have you been convicted of a crime? A. Of a crime ? Well, I- don't know what you call a crime; I never done anything to nobody that I ought to be convicted. Q. Were you ever convicted ? A. No, sir; never that I know of. Q. Ever been in the county jail ? A. Yes, sir. [Objected to.] Chairman Eoesch. — He has answered it. Q. How long ? A. About ten days; that day has gone by, Q. Ever been in State's prison ? A. No, sir. Q. Ever been in the penitentiary at Albany ? A. No, sir. Q. How many times were you sent to the county jail ? A. Only once. 173 Q. For what? A. For a little drunkenneBB; I was a little better man than the other. Q. Little better of the fight ? A. Yes, sir. Q. Ever sell your vote before last fall? At No, sir; I think not; no, I am positive. , Q. What ticket did you say you generally voted ? A. Weil, most always voted the Democratic ticket. Q. Do you khow that it was a Bepublican ticket you voted, last fall ? A. I can read pretty good; I knew the parties that were on the ticket. Q. Were they all Eepublicans ? A. Not exactly. Q. Not all Republicans? A. On the ticket I voted, you mean? Q. Yes. A. Well, I am pretty positive they were all Eepublican. Q. Do you know now? A. If there had been any money on the other side I think I would take it. , Q. Are you certain the ticket you received was a Bepublican ticket? A. Of course I am. Q. What district did you vote in ? A. Well, you asked , me that question before, and I didn't know the distript; there is only two sides to your town; I didn't see only two districts; I guess I voted in No. 1. Q. Can you describe the place you voted in so we could ascertain the district 1 A. Yes, sir; exactly. Q. Where was the voting place ? A. It was about fifty feet from the canal lock; you walk right square west and you have got it; you could walk right into the polls; there is where I cast my ballot. Thomas A. Keith, being duly sworn, testified as follows: By Mr. Eoohe: Q. You reside in Troy? A. Yes, sir. Q, And you are connected with the Sunday Observer ? A. Yes, sir. Q. Mr. Collins is the proprietor of that paper ? A. Yes, sir. Q. Have you made a statement of the number of votes cast in Whitehall, at the several elections at which he has been a candidate for office ? A. Yes, sir. Q. Have you that paper with you ? A. Yes, sir. Q. State what majority Mr. Collins received over the opposing can- didates on former elections ? [Objected to as immaterial, that the committee has ruled out such evidence at a former hearing. After argument by counsel on both sides, the chairman stated he would allow the evidence. J 174 A. In 1887, the vote in Whitekall was as follows: First district, Collins, 387; Manville, 261. Q. There were but two districts then ? A. Yes, sir. Q. Mr. Manville and Mr. Collins were opposing candidates, and Mr. Manville] resided in Whitehall? A. Yes, sir; second district, Collins 307, Manville 244; total vote, Collins 694, Manville 505; Col- lins' plurality 189; in 1889, Collins in the first district 455, Bogers 232; second district, Collins 376, Bogers 199; total vote, Collins 830, Rogers 431; leaving the majority for Collins of 399. Q. They were rival candidates for thfe same office? A. Yes, sir. Q. General Rogers was a resident of that town? A. Yes, sir; in 1890 there were five districts in the town. Q. The number of districts was increased ? A. Yes, sir. Q. You don't know of any increase in the town itself? A. No, sir. Q. The town wasn't enlarged in any way ? A. No, sir. Q. Collins received eighty-four in the first district, Quackenbush fifty-one; the second district, Collins received 152, Quackenbush sixty-one; the third district, Collins received fifty, ' Quackenbush sixty; the fourth district, Collins received 112, Quackenbush 104; in the fifth district, Collins received 111, Quackenbush eighty; total vote for Collins 509, Quackenbush 356; leaving a majority, for Collins of 153. Q. They were then candidates for member of congress ? A. Yes, sir. > \ Q. Mr. Quackenbush, you understand, was a strong Republican candidate? A. Yes, sir. [Motion to strike out last question and answer granted.] Q. What majority, if any, did Mr. Collins receive last fall? A. He was in a minority of nine. Q. These figures you have obtained from the official record ? A. Yes, sir. i Q. They are correct? A. I believe them to be. Q. Did you also examine in the county clerk's office of Washington county to see whether there were appointments made of deputy sherifEs for the town of Whitehall ? A. There was but three made in the entire county during the year, and but one for the town of Whitehall. Q. There was but one appointment for the town of Whitehall? A. Yes, sir; John Mulholland; the sixth of April he qualified for office; I also saw the county clerk, and he told me that no deputy had been appointed for Whitehall at the preceding election. 175 John J. Bbadlet, being duly sworn, testified as follows: By Mr. Eoohe: Q. Where do you reside, Mr. Bradley ? A. Greenwich. Q. What are your politics ? A. Democrat. Q. Did you do any work around the polls at the last election ? A. I was watcher at the polls. Q. What district ? A. No. 2, Q. What did you observe there that day with tegard to the conduct of the election ? A. Well, I was sitting in there — Q. (Interrupting.) This is in Washington county? A. Yes, sir; I was sitting in there where they were polling the votes, and it was about 11 o'clock; some man cametin to vote, and when he went up to vote Mr". Thompson challenged him. Chairman Roesch. — Who was he ? A. Superintendent of the railroad, J. H. Thompson. t Q. Was hd a Democrat or Eepublican? A. Eepublican. Q. What was he doing there 1 A. Poll worker. Q. Was he a watcher ? A. Yea; he was. Q. What do you mean by " poll worker? " A. A man who goes out and gets in voters; gets people to vote. Q. Working around the polls ? A. Yes. sir. Chairman Eoesch. — He challenged him? A. Yes, sir; he chal- lenged this man, and he didn't swear in the vote; Thompson said, "If that man votes I will make it hot for him; I will have him in the jail' in five days;" and the man got scared and wouldn't vote; the Demo- cratic poll clerk there got up and told Mr. Thompson he had no right to intimidate a voter, and then Thompson says, " That is all right; if that man votes I wiU make it hot for him," and this made him kind of scared, and he walked, away, and didn't vote. i Q. What was this man politically ? A. Democrat. Q. Is Thompson a Eepublican ? A. Yes, sir. Q. Superintendent of what road ? A. Greenwich and Johnsonville railroad. Q. Did you notice any Republican working in the polling place? A. Yes, sir; I did. Q. Who? A. Porter Barber; all daylong. , Q. What was he doing ? A. Peddling pasters. Q. Soliciting voters ? A. Yes, sir. > Q. Actually in the place? A. Yes, sir; there was a staircase in the room; it was an old shirt factory at one time; shirts manufactured there; quite an old building now, and it was up-stairs where the poll- 176 ng place was, and the rail was about twenty-five or fifty feet from the staircase; there was a little space at the bottom, and he stood there all day; at any rate the biggest part of the day, except when he was walking around. Q. (Interrupting.) Did you know this man whom Thompson threatened ? A. Tes, sir. Q. Was he a voter in the place ? A. Yes, sir; he was. Q. Do you know something about a man named Stewart, who came there ? A. I know a man by the name of John Lindsay, and this Lindsay looked to me as though he was physically disabled; swore he was, anyway; he was offered spectacles, and while he was conversing about it with the inspectors this Stewart stuck in and laughed, and he said he didn't expect the inspectors^would prepare his ballot, so finally Stewart went in the booth with him. Q. He asked him to go in, or did Stewart offer to go with him? A. He offered to go with him. Q. What was Lindsay ? A. Democrat. Q. Any appearance of physical disability about him ? A. I didn't see any, except his age; nothing that needed any helping out. Q. Tou say helping him out; in what way ? A. Making out his ballot for him if he can't see; if he said he couldn't see; even if he had said so they could get Lindsay to say that he couldn't. Chairman Roesch. — Was that the only thing they did toward helping him out ? A. That is about all. i Q. He went in the booth with him ? A. Yes, sir; he did. Gross-examination : By Mr. Wellington : Q. Did you know this man ? A. I knew him by sight; not to speak to him. Q. How long have you known him ? A. Known him for five years at least. Q. How old is he ? A. I should think about 65. Q. Do you know what he works at ? A. Farmer. Q. Do you know whether he can see without glasses? A. He says — Q. (Interrupting.) Do you know whether he can read print without glasses? A. I couldn't say about that. Q. He swore that hfe was disabled? A. Yes, sir; he did. Q. You don't mean to say now that the man swore falsely; do you? A. To the best of my judgment, I should think he did. Q. You think he committed perjury? A. Yes; I do. 177 Q. Tou are willing to say that with the slight knowledge that you have of the man? A. Why, certainly, the man had no glasses on to see; he didn't require glasses to walk around ^ith. Q. Tou have testified that you couldn't say whether he could read print without glasses ? A. No; I couldn't. Q. Tou are willing to say that that man committed perjury? A. Using my own judgment, I should say he did, Q. Tou are not able to swear he could read without glasses? A No-; I am not. Q. 'Who was this working in the room ? A. Porter Barber. Q. Was he a watcher? A. No, sir; he was not. Q. How many paster ballots did you see him give out during the day 1 A. Well, that would be hard to estimate. Q. Would you swear that he gave out as many as five ? A. Well, as to that, I can't exactly say; I was running in and out; I wasn't in there all the while in the afternoon, but every time I came in that door, he was there. Q. How many did you see him give out actually ? A. How many times ; three times ; that I actually did, that I could swear to. Q. Were you there during that morning; all the morning? A. Tes, sir; I was. Q. Was he there during all the morning? A. He was from about 9 o'clock. Q. Were you watching him very intently ? A. Tes, sir; I did; I got my eye on him the first thing after I got there. Q. Tou kept your eye on him and saw him give three 1 A. Well, I would walk in and out of there a good deal. Q. What were you doing in there so much ? A. I went out to see how things were getting on. Q. Were you working ? A. Tes, sir; I was working, but all the work I done was outside. Q. Tou didn't give out any paster ballots in the room ? A- No, sir. Q. Not one ? A. No, sir. Q. Did you give them out outdoors? A. Tes, sir. Q. About how far from the polling place ? A. About 200 feet. Q. Didn't you give any within the limit ? A. No, sir. Q. Tou were careful to observe the limit, were you ? A. Tes, sir. Q. Was that limit observed by all the Democrats ? A. Tes, sir;' it was. Q. What other Democratic workers were there ? A. One whose name was Kay. 23 178 Q. Did you have any money? A. No, sir; I did not; I didn't see a cent. Q. Well now, in the case of that man who was intimidated you say — how do you know he was a Democrat ? A.. Because he has always voted the Democrat ticket; naturally think he was. Q. Did you ever see him vote ? A. Yes, sir. Q. What is his name ? A. Green. Q. His first name ? A. I don't know his first name; there are three or four Greens. Q. Where does he live ? A. He lives about two miles from Green- wich, place called Centre Falls, or around that neighborhood. Q. He lives at Centre Falls? A. Not Centre Falls, Middle Fallg, ghat's it. Q. What does he work at ? A. Works on a farm. Q. At Middle Falls? A. It isn't in Middle Falls, in that neighbor- hood. Q. Within the town of Greenwich? A. Yes, sir; the place is in that district. Q. What district ? A. No. 2. Q. How long has he lived t^iere ? A. Ever since I can remember; always known him; seen him around the street twenty years - ago. Q. Was he registered? A.' Yes, sir; he was registered. Q. Do you know that as a fact ? A. Yes, sir. Q. Did you look at the register ? A. Yes, sir. Q. Saw his name on it ? A. Yes, sir. Q. Did you see him vote last year? A. I did not; I wasn't in Greenwich last year. Q. How old a man is he ? A. I should say he was about 35. Q. Did Mr. Thompson say why he challenged him? A. Yes, sir; he did. Q. What did he say ? A. Said that man had been offered money for his vote. Q. Did he say he had been offered money for his vote ? A. No, sir; he did not. Q. Said he was offered it ? A. Yes, sir. Q. What did the man say ? A. The man said he was not. ' Q. Did he take the oath ? A. Yes, sir. Q. The oath concerning bribery? A. That I don't know; he swore that he didn't. Chairman Roesoh. — People over that way are not familiar with that oath. 179 Q. He turned away and didn't vote? A. Walked away from the polls and didn't vote, walked down street. Q. You think he had a right to vpte? A. Yes, sir; I do; know he did. Q. Why didn't he vote? A. He was frightened out of it. Q. You mean to say he was frightened by this man ? A. Yes, sir; you take 'Jim Thompson up there when he comes up to some of them poor people he makes them think he 'owns the place and that he has a right to do as he pleases. Q. Did the inspectors object to the vote? A. He didn't offer the vote; they couldn't olJiect to it if he didn't offer it. Edward Barbie, being duly sworn, testified as foUbWs: By Mr. Eoohe: Q. Where do you reside? A. Easton, Washington county. Q. Were you at the polls there last election ? A. I was. Q. What district? A. No. 2. Q. You are a Democrat? A. Yes, sir. Q. And you were actively interested in the success of the Democratic ticket? A. Considerably. Q. What time did the polls open that morning ? A. To the best of my judgment half-past 9 or 10 o'clock. Q. Now, before the polls opened, state whether there were quite a number of people waiting to vote ? A. There were. Q. Some of those persons go away? A. There were some of* them ; two I know of. Q. Is that a district in which there are & number of laboring men, people who go to work early ? A. Yes, sir. Q. What was the reason the polls hadn't opened ? A. The ballot* boxes weren't there. Q. Where were they ? A. At the county clerk's office. Q. The town clerk's office? A. Yes, sir. Q. Who is he? A. Mr. Nurrills. Q. What are his politics ? A. Eepublican. "q. Are there quite a number of Democrats in that town? A. Quite a number. Q. Did Nurrills finally bring the boxes ? A. He did, sir. Q, What did he do; what was the first you saw of him ? A. I saw that he got there about half-past 9, to the best of my judgment, left the boxes and went up street. iQ. After that they commenced Voting? A. Yes, sir. 180 Q. State whether you saw any Kepublican workers electioneering in that building; that polling place that day? A. I saw John Barber working in the hall. ^ Q. What was he doing ? A. Peddling votes. Q. Peddling tickets, you mean ? A. Yes, sir. Q. Soliciting voters? A. Yes, sir. Q. Where was he ? A. He was in the hall. Q. In the very building? A. 'Yes, sir; in the very building. Q. Where the voting was being conducted ? A. Yes, sir. Q. Did there a man by the name of Saint Mary come there to vote that day ? A. He did. Q. What do you know about him ? A. He voted there; they said he was not registered. Q. But his vote was taken ? A. Yes, sir. Q. What were his politics ? A. Republican. Q. Did you hear the Republican inspectors or clerks make any remarks about it during the day ? A. I heard them say they were going to make a clean sweep. Q. I mean any remarks about Saint Mary's vote? A. Yes, sir; they made the remark that they could vote them just as they pleased. Q. What is Saint Mary 1 A. Republican. Q. I understand that when the canvass of votes took place that the number of ballots exceeded the poll-list; did you hear as to that? A. No; I couldn't say as to that. Q. Did you hear anything about that? A. No, sir; I did not. By Mr. Wellington: Q. Do you know why the ballot-boxes were late in getting there 1 A. I do not. Q. Who were these two men that you knew were there to vote early and went away ? A. Mr. Becker; Joseph Becker for one. Q. Who was the other 1 A. My father. Q. Do you know of any others 1 A. Not by hearsay; only what I heard them say at the polls. Q. You only know two instances? A. Two instances; yes, sir. ■ Q. Your father is a Democrat ? A. Yes, sir. Q. What were the politics of the other ? A. Democrat. Q. Were they workingmen? A. One of them was; had business away and it caused him quite a lot of trouble to wait to cast his vote. Q. Did they come back to- vote later in the day ? A. Yes, sir; they did. Q. Both of them ? A. Yes sir. 181 Q. They didn't lose their vote 1 A. No, sir. Q. Do you know of anybody that lost their vote in that district by reason of the lateness of opening the poll ? A. I couldn't say as to that. Q. Tou wouldn't swear there was one, would you? A. No; not in particular I wouldn't. Q. What time do the polls usually open there ? A. Seven o'clock; or at sunrise, I should say. Q. Aren't you mistaken about that, that they usually open at that time ? A. They must open at sunrise, because I have been inspector. Q. In that district? A. Yes, sir; for three different terms I was inspector; they would always open at sunrise. Q. Do you know what hour they were advertised to be open this last fall? A. I do not. Q. Tou don't know what hour was fixed upon by the inspectors ? A. No, sir. Q. How many paster ballots did you see this Eepublican give out that was inside the polling place — you said there was a Eepublican working inside the polling place? A. I said so; yes, sir. Q. How many paster ballots did you see him give voters; hoyr many times did you see him give paster ballots? A. I saw him hand several, whether they took them or not I couldn't — Q. (Interrupting.) How many; you say several? A. Eight, ten, fifteen. Q. Would you swear he gave as many as fifteen? A No; I wouldn't swear he gave as many as that. Q. Will you swear you saw ten? A. Well, I couldn't swear that he gave as many as ten; I know he gave some. Q. Will you swear he gave as many as five ? A. Yes, sir. Chairman Eoesoh. — Five different persons ? The Witness. — Yes; ftve different persons. Q. Were you at the polls all day ? A. I was around there all day; yes, sir. Q. Inside ? A. Not inside; inside and out. Q. Were you working at the polls ? A. I was. Q. Tou said this Eepublican solicited voters inside — did you hear him ask anybody to vote ? A. I did. Q. How many ? A. Two. Q. Did you ask any one to vote that day ? A. No, sir. Q. Did you peddle paster ballots ? A. I had some paster ballots with me; yes, sir. Q. Did you give out any during the day ? A. I do not. 182 Q. What other Democratic workers were there there? A. There were two. Q. What were the names ? A. Van Buren and McCall. Q. Who is this man you heard was not registered ? A. Saint Mary. Q. Do you know of your own knowledge that he was not registered? A. That was what the board told me. Q. You didn't examine the registry ? A. No. Q. And was he a voter in that district? A. Yes, sir; claimed he was. Q. Had he voted before ? A. I couldn't say. Q. Do you know whether he voted last year ? A. I couldn't say. Q. Was he challenged ? A. He was not, to my recollection. Q. Were there Democrats inside there who knew the circumstances ? A. Yes, sir. Q. As far as you know they didn't challenge him? A. Not as I know of. Q. Do you know of anyone that voted there that day who had no right to vote ? A. No, sir; I do not. Q. Do you know of any intimidation that was practiced by Kepub- icans that day ? A. They were working it pretty strong. Q. I say "intimidation;" do you know of any voters that were frightened ? A. I think there was some that were frightened away. Q. Who were they ? A. I think A man that worked with me was frightened away. Q. What is his name ? A. Will Chapins. Q. Who frightened him? A. The Republican party frightened him away. Q. The whole Republican party wasn't there; what Republican frightened him away ? A. I think John Barber frightened him. Q. What did he say to him ? A. Well, he told him he had no right to vote. Q. For what reason ? A. Told him he wasn't registered, I suppose, or something of that kind. Q. Was he registered ? A. Yes, sir. Q. Didn't he tell him he had been promised money ? A. I couldn't say as to that. Q. You didn't hear what they said? A. No, sir; he claimed he didn't vote; that they scared him; he was afraid they would make him trouble. Q. For what? A. I couldn't tell that. Q. He was registered, you say ? A. I know he was. Q. He lived in that district ? A.. Yes, sir. Q. And he was of age ? A. Yes, sir. 183 Q. Was he born in this country ? A. Yes, sir. Q. So he had all the constitutional qualifications ? A. Yes, sir. Q. Yet he was afraid tp vote ? A. Yes, sir. Q. Wasn't it because they charged that he had been bribed ? A. No; I think not. Q. Wasn't that your understanding of it ? A. No, sir. Q. I don't mean that he was actually bribed; wasn't that the chajrge; didn't they charge this man when he came up to vote that he had been promised money ? A. No, sir. Q. They didn't charge that ? A. No, sir. Q. That wasn't the reason given ? A. No, sir. Q. Do you know what they said to him ? A. I couldn't say, only what he said himself ; that is all I know. Q. Do you know of any other instance ? A. I do not. Q. So far as you observed the election was conducted fairly; was it not ? A. Well, not hardly, I don't think Q. In what particular wasn't it ? A. I think they kind of worked it a little too strong; they worked inside too much for us. Q. But aside from giving out those paster ballots inside, how was it; was the election conducted fairly? A. I should say yes. Q. Were the ballots accurately counted? A. I couldn't say in regard to that; I wasn't there. Q. You were not there ? A. No, sir. Q. Do you know what the result was in that district ? A. I do not know. Q. That was the second district of Easton ? A. Yes, sir. Q. That is a Bepublican district ? A. Yes, sir. Q. Do you know whether or not the result expressed the will of the voters in that district? [Objected to, as calling for a conclusion of the witness.] Chairman Eoesch. — The witness might be asked whether in his opinion the result of the election was the fair expression of the popular opinion at that poll; that has been allowed right along. A. I should hardly say it was. Q. To what extent was it ? A. I couldn't say as to that. Q. Do you know of any instance except that one njan who was driven away ? A. Not in particular there; no, sir. Q. Excepting that case you wouldn't be able to say but what that expressed the will of the people, would you ? A. I don't know as I would. 184 By Mr. Roche: Q. During the time you were there this Barber electioneered in the place ? A. Yes, sir. Q. Was there considerable talk there that morning among the per- sons there assembled that there were quite a number of people who went away without voting, before the polls were opened, or on account of the polls not being opened earlier? A. Yes, sir. Mr. WellingtoIsi! — I object to the question, and move to strike out the same as incompetent. Chairman Eobsch. — If there was anything said in regard to the tardiness of the opening of the polls, it seems to me that would be admissible. The committee allow the question. Q. Was there such complaint among the people ? A. Yes, sir. Q. Was there talk about a number of persons having gone away ? [Objected to as hearsay.] Chairman Eoesoh stated he thought from the facts already elicited, there was sufficient in that respect for the committee to judge of that questioi>. By Mr. Wellington: Q. Do you know what the vote in that district was last year ? A. T do not; no, sir. Q. You don't remember anything about it at all ? A. No, sir. Q. Do you know anything about the registry, as compared with this year ? A. No, sir. John Monahan^ recalled, testified as follows: By Mr. Eoche: Q. You were asked on your former examination about the manner in which the election was conducted in Greenwich, the first district? A. Yes, sir. Q. Was the first district of Greenwich near to the election districts of Easton? A. Yes, sir; quite near to the second election district ? Q. And did you pass from one to the other during the day ? A. I did, occasionally; yes, sir. Q. What do you know as to the ,time of the opening of the polls in the eastern district ? A. In the morning I met one of the Democratic workers on the bridge and he said — [Objected to as hearsay.] Q. You went over there ? A. Yes, sir. Q. Was there some talk about the polls being opened ? A. That was what I was going to tell you. 185 Q. This man. what was he 1 A. Democratic worker. Q. The first you knew of it was this man complaining to you that the polls were not open ? A. Yes, sir. Q. Did you ascertain the facts? A. Yes, sir. Q. State whether there were quite a number of people waiting? A. Yes, sir; I should say there were, may be, 100 persons standing around, a large crowd for the place. Q. At what hour did you see this man? A. Half-past 9 or a quar- ter to 10, 1 should think; Fred Nurrils came along with the ballot boxes. Q. What did Nurrils do 1 A, Went up in the place where the election took place, came out again, went to Barber's store, and came back with some paper in his hands, went up in there and I think afterward came out again and went over to Barber's store; I think that time, as near as I can judge, was about 10 o'clock before the polls opened. Q. It was after Nurrils had paid two visits to Barber's store that the polls opened? A, Yes, sir. Q. That you think was near 10 o'clock ? A. Yes, sir. Q. Did Barber keep a saloon; what is his place? A. Kind of store, keeps everything there you might say, groceries, boots — Q. (Interrupting.) A country store? A. Yes, sir. Q. Anything sold there ? A. I should-think there was. Q. Anything that cheers but does not inebriate ? A. No, sir; I think not. Q. Was it the Republican headquarters during the day? A. I think it was; yes, sir; Barber is town mayor and is town clerk. Q. His politics are Eepublican ? A. Oh, sure. Q. He had these boxes? A. He did; yes, sir. Q. Did you see Barber at work in the polling room or polling place? A. I did; yes, sir; I was in there and one of the Democratic inspectors, I think his name was Dexter Bulson, I am not sure, raised a little objection in regard to Barber working in the room; one Republican says, " Well, it's quite cold outside, let the boy work in here." Q. What kind of work was Barber doing ? A. He had them pasters. Q. Talk with people? A. Yes, sir; continually in regard to voting. Q. Electioneering? A. Yes, sir; I saw him in there; I was in and out half a dozen times may be, stayed fifteen or twenty minutes. Q. Did Barber say anything that day that you heard? A. Well, I heard him make one remark; when I met him I said, "How are things going, over your way?" he said "Pretty fair; nothing to brag about;" 24 186 and he says, " I've fixed you fellows this time; we have everything our own way, over here;" I didn't say nothing, but kept hustling around — Q. (Interrupting.) Did you hear about Saint Mary voting? A. Tes, sir. Q. What were his politics ? A. Republican, as far as I could find out. Q. Was it said about there that day 'that he was not registered ? (Objected to, as incompetent and hearsay.) Q. Was it said, did you hear it said by any of the inspectors or others, that he was not registered ? A. This Saint Mary came to vote and afterwards they found out he wasn't registered, so one of the Eepublican inspectors says to this Dexter Bulson, "We will make that all right when it comes evening." Q. How did they make it all right ? A. That is just what I am getting at; when it came evening they found that their ballots exceeded their poll-list by one; the Eepublican inspector, of course, drew out the ballot, and when he pulled it out, it was a Democratic ballot. MoAgeb Faddkn, being duly sworn, testified as follows: By Mr. Boohe: Q. Where do you live, Mr. Fadden? A. Town of Corinth, Wash- ington county. Q. And in what election district ? A. No. 1. Q. Were you at the polls in that district, last election day ? A. I was. Q. Ton are a Dempcrat ? A. I am, sir. Q. What did you observe during the day as to the conduct of the election ? A. Well, in regard to what ? Q. Well, whether there was electioneering going on inside of that polling place? A. Inside the polling building; yes, sir; quite a number. Q. What was done; describe what it was? A. Well, there was three or four politicians right inside the hall electioneering. Q. Who were they ? A. Want me to give their names ? Q. Yes? A. Well, there'was Jim Jones, Steve Williams, H. Gibson. Q. Three prominent men of the town; were these men peddling paster ballots ? A. Yes, sir. Q. Where was that you say? A. Bight inside the hall. Q. The building in which the vote was being conducted ? A. Yes, sir. 187 Q. Eight by the polls 1 A. Within twenty-five feet of the polls. Q. Did you see them go into the booths with any person ? A. I did; quite a number go into the booths with them on account of their eye-sight, they claimed? "^ Q. They had political strabismus that day ? A., I presume theydid. Q. Did you ever know so many people in Corinth whose eyes -were so bad before? A. Not until this reform ballot came up; no, sir. Q. Tou think that has had an effect upon the organs of vision of a good many voters ? A. Tes, sir. Q. They need the help of others? A. Yes, sir. ' Q. Political friends of theirs ? A. Yes, sir. Q. Did you complain at any time during the day about this elec- tionneering there? A. Yes, sir. Q. What did you do ? A. I called Mr. Le Pevre and Mr. Gibson and told them they had no business electioneering within 150 feet of the polling place. Q. Did they go out for any time ? A. Yes, sir. Q. Did they go back again ? A. They did. Q. Continue the same work ? A. Exactly. Q. Did that go on the best portion of the day ? A. Pretty much all day; yes, sir. By Mr. WiiiLiNGTON: Q. Did any of these politicians that you saw speak to any voter? A. Yes, sir. Q. How many voters ? A. Oh, I wouldn't say exactly how many, many in particular. Q. Did you see them approach half a dozen ? A. I presume so; yes, sir. Q. Would you swear they did, as many as half a dozen ? A. I would swear that Mr. Le Fevre went in with five different ones. Q. In the booths ? A. Yes, sir. Q. Did you see them electioneering with half a dozen voters ? A. Yes, sir. Q. Outside of those they went in the booths with ? A. Yes, sir. Q. WouM you swear they spoke to ten? A. I ain't going to limit myself to any particular number; might be ten, fifteen or twenty for all I know. Q. I want to know how far your knowledge extends; how many will you swear to ? A. Well, I should say six or eight, anyway. ~ Q. Do you remember the men? A. I remember some of them; yes, sir. 188 Q. They were Eepublicans ? A. Well, that is a question, whether they was or wasn't. Q. Tou assumed that was their politics? A. No, sir; not exactly. Q. l3o you know what ticket they usually voted? A. I told you that I did not. Q. I mean these men you saw go into the booths with Mr. LeFevre; these Eepublicans that claimed they were physically disabled ? A. Yes, sir. Q. Did you see Democrats going in there ? A. Tes, sir. Q. "Sou saw them accompanied by Democrats, did you ? A. Yes, sir; some of them. Q. Wern't there nearly as many as there were accompanied by Republicans ? A. I don't think there was more than two. Q. Wasn't there five ? A. No, sir; I don't think tjiere was over two. . Q. Was any objection raised ? A. No, sir; not a bit. Q. There was no case where a man went into a booth unless he took the oath; I mean there was no case where a man claimed to be physi- cally disabled where he was permitted to take any one into the booth with him without taking the oath? A. No, sir; there was not. Q. Are you able to say any of those men could read and write ? A. If I was going to swear, I would say two of them could write just as well as I could. Q. How about the others ? A. The others I wouldn't say; I should think they were quite old men, and they would need glasses or some help. Q. There was nothing out of the way in any of those cases except- ing two? A. I don't know what you would call it; I would call it out of the way. Q. I mean by that, if a man couldn't see, he had a right to taike someone in with him, hadn't he ? A. Yes; I suppose he can if the man couldn't see; I suppose he had a right to take someone in. Q. You only know of two instances in which you think the men could see ? A. Yes, sir. Q. There was nothing out of the way in the other instances, was there? A. No, sir; I don't know as there was anything out of the way in the other instances. ' Q. About those two instances; who were they? A. At the same time, your honor, do you think if the Eepublican or Democratic work- ers there were electioneering inside the polls all day, that it was a fair and square — Q. (Interrupting.) This is another question; I am now speaking of those who went into the booths; the two that were allowed to take ^ 189 some one into the bootlis withthem, that you think could see; who were they? A. Charley Grant; he was a colored gentleman. Q. How old a man ? A. I should think he was 25 or 40 years. Q. Could he read ? A. I couldn't say whether he could or not. Q. Do you know anything about his eye-sight? A. I think his eyes are just as good as mine. Q. Does he wear glasses ? A. No, sir. Q. How about the oth^r case ? A. I think the other man could see just as well as I could. / Q. How old- a man was he ? A. A man about 30 years old. Q. What did he claim ? A. He claimed he couldn't see to read his ballots. Q. Took the oath to that effect ? A. Yes, sir. Q. What was his name ? A. Carter. Q. His first name ? A. Billy Carter. Q. Did you see any Democrats working in this polling place? A. Yes, sir; see quite a number; I was a worker myself. Q. Did you peddle any ballots ? A. I did. Q. Did you give out any in the polling place ? A. No, sir; I did not. Q. Not one? A. NOjSir. ' Q. Did you approach any voter in the polling place ? A. No, sir. Q. Not one ? A. No, sir. Q. Are you able to point to a single instance where this electioneer- ingin the pplling place affected the result? A. Don't your ionor think — Q. (Interrupting.) Never mind what I think; do you know a single instance where it affected the result? A. Yes, sir. Q. How many oases ? A. Three or four instances. Q. Give us one 1 A. Don't you think — Q. No; never mind that. A. What do you want to know ? Q. I want you to name a single vote that was changed by reason of the fact that he was spoken to inside the building ? A. Yes, sir; I think this Grant's vote was changed inside the polling place. Q. Inside the booth? A. No, sir; outside the booth. Q. What is the other? A. I think this man Carter's vote was changed. Q." What was Grant; what were his politics? A. Now you are asking me quite a good deal; this Grant votes one way this year and next year another way. Q. What is another instance ? A. I should say Grant's politics was Republican. Q. Do you know of another instance where a vote was changed by electioneering inside the poll ? A. Changed in what respect ? 190 Q. So that he voted differently from what he would if he had been let alone ? A. I think he would have voted the straight Democratic ticket if there had not been a word spoken. Q. What makes you think so ? A. I think he would. Q. What makes' you think he would have voted the Democratic ticket if there had not been a word spoken to him. Mr. Roche. — I object to that question as incompetent and immate- rial. The point we make about it is that the electioneering inside the polling place about which there is direct testimony, is distinctly pro- hibited by the statute; that it was an illegal act and whether it affected the result is not the question. Mr. Wellington. — Tou don't mean to say that that disfranchises the district ? Chairman Boesch. — The committee does not think there is any necessity of discussing this question. It is immaterial whether any vote was changed or not; whether the witness can say whether any vote was changed. The only question is whether there was any electioneering inside that poll. Mr. Wellington. — The question whether there was electioneering in the county ? Chairman Roesch. — It may involve the question whether there was electioneering there, how it was done, how* the voter was approached, /what was attempted to be done to the voter to induce him to change his vote, that may necessitate the witness stating who was, changed in his opinion and his intention to vote one way or the other. Q. Do you know of any other instance in which the result was affected by this electioneering in the polls ? A. Any other instance besides which one ? Q. Besides Grant? A. No; not in particular; I do not. Redirect examination : Q. Are you able to state there were instances in which the result was affected by this electioneering ? A. Well, I wouldn't like to state there was other instances of it; there might have been quite a number. Q. Tou know that electioneering was going on ? A. Yes, sir. Q. Tou know of men who personally solicited votes in that polling room? A. Tes, sir. Eecross-examination : Q. Will you state the number please ? A. I can't tell the exact number. 191 Q. "Will you swear there were as many as ten ? A. I don't see as you have got the right to put it down to any figure. Q. You say you know there were instances? A. I might say there was one or two. Chairman Roesoh. — I think he stated a little while ago that he was willing to swear there were five. The committee here adjourned (in this case) to February 4, 1892, 7.30 p. M. Thdbsday, February 3, 1892 — 7.30 p. m. The committee met pursuant to adjournment. ' Present — Chairman Boesch and Senator Endres. Andbew Dickens, being duly sworn, testified as follows: By Mr. Whitman: Q. Where do you reside ? A. Sandy Hill. Q. What are your politics ? A. Bepublican. Q. Where were you employed immediately previous to the election of last fall ? A. In the town of Butland, Yt. Q. In what occupation ? A. Stonemason. Q. Did you come home to vote ? A. Yes, sir. Q. Did you receive anything for it ? A. For coming home to vote ? Q. Yes. A. Yes, sir. Q. What was it ? A. My fare back and day's pay. Q. One day's pay or more ? A. I can't remember exactly whether it was more. , Q. Your fare was paid ? A. After election my fare was paid back to Vermont. Q. And you received a day's pay; who paid it to you? A. Will SherrUl. Q. Do you know what his politics are ? A. I know what he claims to be. Q. What does he claim to be? A. Bepublican. Q. Were you requested to come home and vote for Mr. Derby ? A. I can't remember that there was any special point about my coming home to vote for Derby. Q. You were requested to come home and vote the Bepublican ticket? A. No, sir; I wasn't requested to vote the Bepublican ticket; I was requested to come home and vote. Q. By Mr. Sherrill ? A. Yes, sir. Q. He is a well-known Bepublican? A. Yes, sir. 192 Q. Been a member of the tqwn committee, hasn't he ? A. Not to my knowledge. Q. You don't know that fact ? A. No, sir. By Mr. Wellington: Q. "Where did you vote ? A. Sandy Hill. Q. Do you remember the district ? A. I don't know the district by numbers; I know the location. Q. State the location ? A. It is in Karton's block, No. 3. By Chairman Roesoh: Q. Tou were paid after election ? A. Yes, sir. Q. How long after election; on election day after the polls were closed, or the day after election day ? A. It wasn't that day; I think it was the next day; it was somewheres between Sandy Hill and the works. Q. You were paid somewhere between Sandy Hill and the works ? A. Yes, sir. Q. You can't recall whether it was on election day ? A. It wasn't on election day. Q. But it was after you had voted ? A. Yes, sir. Q. How much did you receive ? A. I can't tell exactly. Q. Who paid it to you ? A. Will Sherrill. Q. How long have you been a resident of that district ? A.- Fifteen or sixteen years. Q. You have always been a Bepublican ? A. Yes, sir. Q. Were you paid to vote any particular ticket 1 A. No, sir. Q. Or did you understand merely that you were paid for the loss of time in coming from your work to your home to vote. A. If you will let me I will tell you just how it came along. Q. If you please ? A. There were four of us up there, two Demo- crats and two Eepublicans, and Sherrill came along and said, "Boys, come home and vote, and the two combined town committees will stand your expenses;" we came together in company, the four of us. Q. The four of you came from your works to the third district and voted? A. Yes, sir. Q. Two were Democrats and two Eepublicans ? A. Yes, sir. Q. The Republicans were yourself and who else? A. Peter Comerford. Q. Who were the Democrats ? A. Andy Mullen and Tommy Doran. Q. Are all of the gentlemen whom you have named here ? A. I think not. 193 Q. Any one of them here ? A. Mr Comerford. Q. You understand, then, that of the other three gentlemen, two are Democrats and one is a Republican like yourself ? A. Tea, sir. Q. Do you know whether the other gentlemen were paid ? A. Tes, sir; I think they were. Q. How do you know? A. They told me they were; we worked together and talked it over- Q. Did they also tell you how much they received? A. I think they all got alike. Q. Were you all paid by the same party ? A. Yes, sir. Q. All four^of you were paid by Sherrill ? A. Yes, sir. Q. He was a Republican ? A. So claimed to be. Q, Yet you say two were Democrats and two Republicans? A. Yes, sir. ' Q. Then Sherrill paid the Democrats and the Republicans? A. YeSj sir. Q. Paid them all the same figure? A. Yes, sir. Q. Do you know how much ? A. I can't distinctly rem.ember. Q. Do you know how the other gentlemen voted ? A. No, sir. By Mr. Roche: Q. You all four voted for Derby? A. I don't know. Q. It was understood among you that was the case, wasn't it; have you any doubt the others did ? Mr. Wellington. — I object to that. Q. Was it the understanding among you that you all had and all were to ? A. I think I heard Doran say he would as soon vote for Derby as ' anybody. Q. What did the other Democrat lay? A. I can't recall he said anything about it. ^ Q. Wasn't it understood among all of you that you voted for Derby; be frank about it? A. I intend to be, but I am trying to remember anything that was said on that subject; I couldn't say positively, but my impression is that it was talked that we should all vote for Derby when we went home, but on election day, when we went home, there wasn't anything said about it. Q. But before that ? A. Yes, sir. Q. Sherrill went up to Rutland? A. No; he was not; he came home before election; he was home several days before election. Q. Was he working up there ? A. He had been. 25 194 Q. Did he come home for electioneering purposes ? A. I don't know. Q. What did you understand about it ? A. I didn't understand anything of the kind; the first I knew he was gone. Q. When did he go back ? A. He went back with us after election, the next day or day but one. Q. Before he left it was understood you men were to come down election day? A. No, sir. Q. When did you first make up your minds to come down election day ? A. We all told him that we couldn't afford to pay our fare and lose bur time to go home to election; making good pay; after he had been gone a couple of days, I don't know just how long he had been gone, but before election we got a postal card saying, " Come down all, of you; it will be all right." /' Q. Who was that written by ? A. Mr. Sherrill. ' Q. About how much was it you received ? , A. I think it was, count- ing our fare on the book and money it was somewheres around six or sevfen dollars; I can't tell exactly. Q. Six or seven dollars apiece ? A. Yes, sir. Q. Did you have a mileage book ? A. We paid our own fare com- ing home ; going back we had a mileage book. Q. He used the book for the five of you ? A. Yes, sir. Q. There didn't either one of you pay anything going back ? A. No, sir. Q. What establishment were you working in up there ? A. Build- ing a reservoir for the. Rutland water works. Q. What time did you leave Eutland ? A. Six o'clock, I think, the night before electjpn. Q. Did you, vote the previous election ? A. I don't think I did. Q. Did you appear before the board of registry last fall to have your name registered ? A. No, sir. Q. Your name wasn't on the poll list for the previous year ? A. Let me recall where I worked; I can tell by that where I was and whether I voted or not; I can't remember whether I voted or not. Q. Do you know who procured your name to be registered ? A. This past year ? ' Q. Yes, sir; at the last election ? A. I told Marcy Allen to see that my name was registered. Q. Do you know whether he did or not ? A. Of my own personal knowledge, no. Q. He is chairman of the Republican town committee ? A. I don't know. Q. He is a Republican ? A. Yes, sir. 195 By Mr. Wellington: Q. Where was it you understood this money came from ? A. That the two committees whacked in together and paid us. Q. Was it understood that you should vote for Mr. Kellogg, the Democrat candidate for Assembly ? A. It was as much' understood we should all go for him as it was we should go for Derby. Q. That was the reason why the Democrats were willing to pay half the expense ? A. I suppose that was the reason. Q. What was the fare from where you voted to your home; that is, where you worked? A. If we walked ia from the works to Eutland the fare was somewhere around a dollar and a half. Q. When you came down and paid your fare, how much did you pay out ? A. Something like a dollar and a half fare; one dollar and forty-seven cents or one dollar and forty-eight cents. Q. How much time was occupied by you in coming down to vote and in returning ? A. We had to lose a day and three-quarters; we did lose two days. By Mr. Eoohe: Q. Did you vote for Collins ? A. Yes, sir. Q. Do you know whether the rest did or not ? A. No, sir. Q. Did you think the Democratic town committee naade Mr. Sherrill, a Eepublican, the agent for distributing money ? A. I don't know anything about that; I know that is what we understood among us. Q. Did any Democrat ask you to vote for Kellogg ? A. Mr. Kellogg asked me. < Q. Mr. Kellogg himself there that day ? A. I don't think any man asked me to vote for him that day. Q. When did Mr. Kellogg ask you ? A. I met him in the depot one time I was home, I was going back to Eutland, he asked me if I could vote for him and I told him yes. Q. Do you know how much these two Democrats got from Sherrill ? A. No more than what was said; that is all. Peteir Comeeford, being duly sworn, testified as follows : By Mr. Whitman: Q. Where do you live ? A. Sandy Hill. Q. What are your politics ? A. Eepublican. Q. Didn't you live in the town of Fort Edward last fall ? A. No, sir. Q. Where were you employed previous to election? A. I was employed in Eutland. Q. Tou came home to vote ? A. Y^s, sir. 196 Q. Did you come home by anyone's solicitation ? A. No ; not anyone in particular. Q. Were you offered or promised anything for coming home to vote? A. No, sir. Q." Did you receive anything ? A. No, sir; nothing more than what I was entitled to. Q. What were you entitled to ? A. I suppose I was entitled to my day's pay wherever I worked; whatever time I lose. Q. That is the rule up there, to get the day's pay, having voted the Eepublican ticket ? A. Having voted any ticket. Q. Tou got that ?. A. Tes. Q. Tou voted the Republican ticket? A. Part of it. Q. Who gave it to you; the money? A. What money? Q. You said you received what you were entitled to; the day's pay; who gave you that ? A. Mr. William L . Sherrill. Q. He is a prominent Republican of that town ? A. Yes; I think he is. •Q. You were in his employ at that time? A. I worked for Sherrill & Company. Q. Did you vote for Mr. Derby for Senator? A. Yes, sir. Q. Did two Democrats come with you? A. Yes, sir; there did. Q. Did you understand they voted for Mr. Derby ? A. I couldn't say. Q. Was it the understanding that they did; what were the arrange- ments under which you came, so far as you know ? A. We came with the understanding to elect Mr. Derby and Mr. Kellogg, if we possibly could. Q. Who was in the party that came ? A. There was four of us. , Q. Who were they? A. Mr. Dickens, Mr. Doran, Mr. Mullen and myself. Q. Did you know about the postal card being sent requesting you to come? A. Yes, sir. Q. Did you see it ? A. Yes, sir. Q. What did it say in substance ? A. It said, I think, that we would get our day's pay and our fare both ways. Q. That everything would be all right if you came and voted ? A. Something to that effect. Q. How many days did you lose ? A. I lost two. Q. How many days did you get pay for ? A. Got paid for one. Q. You didn't get as much as Mr. Dickens, then ? A. Yes; I think I did. Q. How much was that per day ? A. We ought to get three and a half, but we got three, I guess. 197 Q. And the railroad fate each way ? A. Yes, sir. Mr. Whitman.— That is all. Mr. Wellington. — That is aM. John E. Cokbett, being duly sworn, testified as follows: By Mr. Whitman: Q. Where do you live : A. Whitehall, New York. Q. How long have you lived there ? A. Twenty-four years. Q. Do you know Mr. Henry G. Burleigh ? A. Very well. Q. Do you recollect of having an interview with him on the last election day ? A. I do. Q. On the subject of a man voting who hadn't lived in the State but ten months ? A. I do. Q. What was the man's name ? A. Norman W. Stark. Q. Eelate the circumstances; will you? A. I will; I was the inspector; the first district; town of Whitehall; Norman W. Stark came in, proceeded up to where the ballots were, and called for his ballots; gave his name at the same- time; ballots were given to him; he proceeded out to the booth, folded his ballots, and came up to deposit the same in the ballot-box; he was challenged. Q. By whom? A. On the ground of not being' a voter of the State; I told him to use my words; to be very careful unless he was a voter of the State not to swear in his vote; in other words, I tpld him he would catch hell; he made a half wheel; I says, "Well, what do you do? " he looked around and made a half wheel as though to go out; Mr. Burleigh was standing within twelve feet of the ballot-box; he says, " Hold on; you are a voter; don't let them intimidate you; swear in; that is all right; all right, I will swear in; way she goes." Q. Do you know how long he had lived in the State ? A. I do not know how long he had lived. Q. Except as he told you? A. He told me this: that he had moved and been in Eutland two months; moved his family, his wife and his goods; but he didn't like it there; he moved back, and he had only been ten months in the State, previous to this election. Q. Did he viote ? A. He voted. Q. Did he vote by the request of Mr. Burleigh? A. Yes, sir; that is my opinion; had not Mr. Burleigh been there he wouldn't have voted. Q. Who challenged him ; a Democrat or a Republican ? A. Mr. Jackson. Q. What were his politics ? A. Democrat Q. He voted and swore in his vote at the solicitation of Mr. Bur- leigh ? A. Yes, sir. 198 By Mr. Wellington: Q. Before he went to Eutland he had lived in this State ? A. He had; yes. Q. And had voted at the same place ? A. I couldn't say. Q. He had voted in that town ? A. I couldn't say that he had; he didn't vote the year before, because I was the inspector there. Q. He didn't in this district but he was registered ? A. This last election ? Q. Yes. A. His name was sent in. Q. Did he swear that he has never had intended to change his resi- dence when he moved into Vermlont ? A. He swore that he was a legal voter. Q. He must have sworn to more than that; he was simply temporarily out of the State of New York for two months ? A. He moved over there to better his condition, but didn't like it, and moved back. By Mr. Roche: Q. What was Mr. Burleigh doing in there ? A. Standing. Q. How long had he been in there 1 A. Thirty minutes. Q. How often was he in there during the day ? A. A dozen times. ! Q., Was he a watcher ? A. He was not. Q. Was he an inspector or a poll clerk ? A. He was not. i Q. What was he doing while he was in there ? A. Looking around ' seeing how the thing was going. Q. Talking to people, voters as they came in? A. Yes; passed the time of day, " how do you do," and everything likb that. Q. He took care of this case ? A. Yes ; he urged that man or he wouldn't have voted if it hadn't been for him. By Mr. Wellington: Q. What district was that ? A. No. 1, of Whitehall. William E. Eobebts, being duly sworn, testified as follows: By Mr. Whitman : Q. Where do you live ? A. Granville, New York. Q. How long have you lived there ? A. Twenty-four years. Q. How old are you ? A. Twenty-four. Q. What are your politics ? A. Republican. Q. Did you vote the Republican ticket last fall ? A. I did. Q. Were you the paymaster for the Republican party in your dis- trict last fall ? A^ I refuse to answer; claim my privilege. 199 By Chairman Koesoh: Q. On what ground do you refuse to answer; do you refuse to answer on the ground the answer would incriminate you 1 A. It might and it might not. Mr. Whitman. — I want to call the committee's attention to the fact that what is called the corrupt practice act obliges him to answer, but gives him protection. Mr. EooHB. — Further, the ^pitness can not claim protection when he says his answer might not criminate himi. Chairman Eoesch. — You are compelled to answer unless you clo^im the answer would incriminate you. If you claim the answer to the question would incriminate you, we can not compel you to answer. The Witness. — I think it would. Mr. Whitman. — I claim there is no protection under that act. Chairman Koesoh. — I don't know how far the decision of the Supreme Court the other day might have a bearing on this question, , The United States Supreme Court, only a week or so ago, in a case involving the provisions of the interstate commerce act, coming up before the interstate commerce commission, where in the course of an investigation by that commission into alleged discrimination on the part of certain western railroads, had a^ witness brought before them and proposed to compel the witness to answer, and the witness refused on the ground the answer would incriminate him. I under- stood the decision of the court to be to the effect that the witness could not be compelled to answer. Mr. Whitman.— That is very true, but in that case it makes the accepting of a favor of a discrimination a crime and there is no exemption in the law from punishment. There is no exemption from using it against them, while in the corrupt practices act there is just such an exemption. Mr Roche read from the" corrupt practices act. Mr. Wellington. — That has no application to this case; that means when there is anyone on trial. There is no proceeding against Mr. Derby for any crime against the act. Mr. Griffiths. — This same principle is referred to in article 15 of the State Constitution in relation to bribes of ofificers, section 2 says: "Any person who shall offer or promise a bribe to an officer, if it shall be received, shall be deemed guilty of a felony and liable to punish- ment, except as herein provided. No person offering a bribe shall, upon any prosecution of the officer for receiving such bribe, be privileged from testifying in relation theteto, and he shall not be liable to civil or criminal prosecution therefor, if he shall testify to 200 the giving or offering of such bribe." This refers to an officer. Let me call the chairman's attention to where this question was thoroughly reviewed. In the prosecution of Jacob Sharpe upon his indictment, if you will remember, the district attorney offered certain statements made of Sharpe before a legislative committee. That was objected to, and the Court of Appeals in reviewing the case reversed the judgment and conviction in that case upon the ground he was exempt, the law giving a legislative committee the power to make those inquiries into bribery and that sort of corruption while it removed from him his common law rights and privileges, surrounded him with another privilege that is in the language that I have read here, that it should not be used against him in a criminal or civil prosecution. And in the Sharpe case they took the advantage of Sharpe, and in deference to a senti- ment that had been raised in that community, they received this evi- dence, and upon that the Court of Appeals reversed it. I say what- ever statement this gentleman makes here, he is exempt; it can not be used against him in a civil or criminal proceeding. Chairman Koesch. — No question about the fact that any testimony that this witness may give on this investigation could not be used against him anywhere else. Mr. Geiffiths. — That privilege being given to him, that is all in the world he is entitled to. There are two privileges: First, that the answer, if taken as true, would ten(^ to degrade the witness; second, if taken as a confession or admission, it would prove him guilty of a crime. Those are the two privileges upon which a witness may decline to answer a question; those are the two common law privi- leges that the witnesses have. The moment those common law privi- leges are removed, they surround him with other ones. In proceed- ings supplementary to execution you are obliged to answer every question that is put to you; but the language of the code says, while we do remove the common law privileges, stUl we will surround you with another, that this can never be used against you in a criminal prosecution. And I say this witness is entirely surrounded by a privilege. Mr. "Wellin&tgn. — I am not familiar with the Jacob Sharpe case. Chairman Koesoh. — I think there can be no doubt on this point that whatever testimony the witness would give on this occasion, could not be used against the witness on any other. Mr. Wellington. — I don't quite see that; there is just the difficulty; I don't know of any provision in our laws or in the Constitution that would shield this man if he should give testimony that would tend to criminate him. There has been nothing read here that applies to the 201 case. I think it is very clear that the section read by Mr. Roche has no application. Chairman Eoesoh. — Don't you think the section of the Constitution covers it ? Mr. Wellington. — These constitutional questions I haven't on my tongue's end. Chairman Eoesch. — Section 41 and 41A detail all that is made unlawful by that act. The senate might, upon a charge brought in by any one senator that there existed wholesale corrup- tion in a district in this State, and that it was necessary to examine into that corruption in order to frame better legislation against cor- rupt practices at election, the senate might order an investigation, upon which investigation, it seems to me, it was the purjiose of this act to enable the senate to get at all the facts, to throw around those, who might appear at such investigation, certain safeguards in order to get at facts. Mr. Wellington. — I don't think it was the purpose of that act to provide for such an emergency. Chairman Roesch. — Then why was the word "investigation" used. Mr. Wellington. — You don't speak of a hearing before a magistrate as a trial? Chairman Roesch. — I can see why trial, hearing and proceeding should be used in a technical and quasi technical sense, but why should the word " investigation " be used ? I want to say this to you, gentlemen, you know it without my stating it, the committee would be powerless in the premises, even if all the counsel for Mr. Collins contend for is true, all the committee could do would be to report the refusal of the witness to answer to the senate and have the senate, or apply to the senate to put the witness in contempt and have the senate punish the witness. Mr. Whitman. — We raise a differeht point. Chairman RoBSCH. — I say all we could do and all you can do, it seems to me, is to make your record here as to this witness and then have this committee report the witness to the senate. Mr. Wellington. — I have just been informed in a ease tried before an assembly committee last year, I think it was the Leroy case, this question came up and I think the committee in the case ruled, the witness claiming the privilege, could not be made to answer. I don't know that that act was then before them. This section of " the Constitution clearly has no application; this provides that any person who shall offer or promise « bribe to an officer which shall be received, shall be deemed guilty of a 26 202 felony and liable to punishment, and in that case he may be com- pelled to answer and his answer shall not be used against him. Mr. EooHE. — It seems to me this section is to be taken as if read in this way, a person offending as against any provision of sections 41 and 41A of this act is a competent witness against another person so offending, etc. It was never intended that the prosecution or inves- tigation of offences under .the corrupt practices act should be con- fined merely to the trial of individuals under indictment in court for violation of that statute, but this language was purposely made so broad that it would apply to every form of civil or criminal investiga- tion or hearing. Chairman Koesch. — The committee suggest to you, you put to the witness the questions that you desire to put and the committee will rule upon each question, and, if the witness still refuses to answer, the committee will have to report the witnesfs to the senate for its action. By Mr. Whitman: Q. Were you the paymaster of the Republican party in the 4;own of Granville at the last election? A. I refuse to answer. Q. Upon what ground do you refuse ? A. I don't want to incrim- inate myself. Mr. Whitman. — We ask the committee to' rule on that. Chairman Eoesoh. — The committee rules the witness must answer. The Witness. — Must answer what question? Chairman Eoesch. — The question put to you by counsel. Mr. Wellington. — I ask the witness may be instructed, that the witness may still refuse to answer and have the question presented to the Senate. Mr. Gkiffiths. — What would the result be if the senate should punish him in contempt ? Mr. Wellington. — Suppose he should get out a writ of habeas corpus ? A. I still refuse on that same ground. By Chairman Eoesoh: Q. Where do you live? A. Granville, N. Y. Q. How long have you lived there ? A. I have lived in the town twenty-four years. Q. Did you vote at the last election ? A. I did. Q. Were you a watcher ? A. I was not. Q. Or an inspector ? A. I was not ? 203 Q. Or a ballot clerk? A. I was not., Q. Did you fill any position for the Republican party at the poll, in the district? A. I did not. Q. Were you at the polling place on election day ? A. I was. By Mr. Eoohe: Q. When you speak about not filling any position on that day do yon mean an official position, such g^ inspector, poll clerk or watcher ? A. That is what I mean; yes. Q. Or any position under the election law; did you perform any other office for the Eepublican party, outside of a legal office, on that day ? A. I refuse to answer that. Chairman Eoesoh. — The committee rules you must answer. A. It is the same question he asked me that I refused before. Q. No, it is not; do you decline to answer that question ? A. I don't see why I should not; it is about the same question, isn't it? Q. On what ground do you refuse to answer ? Chairman Boesoh. — There is no desire whatever, so far as the com- mittee is aware, on the part of counsel to ask you anything that would bring you into disgrace or punishment for any offense, nor to charge you with having committed anyofEense; counsel are endeavor- ing to get at the occurrence at that polling place on election day. The chairman of the committee would advise you that it might be to your benefit to answer these questions as Well as you can. Did you fill any position for the Republican party, outside of the official posi- tion connected with the election machinery, last election day, in pthe district in which you voted? A. Well, I filled some positions; I don't know whether you would call them positions or what they were; I worked. By Mr. Roche: Q. What were they ? A. That I refuse to answer; it is the same question. Q. On what ground? A. On the same ground; it is the same question, only put in other words. Q. What do you mean by the " same ground; '' that it would tend to incriminate you ? A. Yes, sir. Mr. Wellington. — May I suggest the witness be instructed that he may claim the privilege that it would tend to disgrace him ? Mr. Gbiffiths. — That I submit can't avail him if the question is material. It has been held in case of rape, where the question was asked if he had intercourse with a person, the Couj^t of Appeals has 204 decided that was not a privilege the witness could avail himself of, because it was a material question. Chairman Koesoh. — The committee rules that the witness should answer. Do you refuse to answer ? A. I do. I Mr. EooHE. — I desire, if the committee please, to have it entered on the record that counsel for the contestants here have read before the committee and in the hearing oLthe witness, section 41 of the corrupt practices act and we further announce to the witness that none of these questions are asked him with the view to discredit or disgrace him, or with the view to their being used against him in a criminal or civjl prosecution, or proceeding of any kind whatever. Mr. Wellington.— My advice, if I were counsel for the witness, would be to answer the question if it was clear that the answer could not be used against him; of course, the intention with which the question is asked is immaterial. I don't think the section that has been read here has any application. I think, perhaps, the fairest way to dispose of this question would be to permit some counsel that the witness might care to select, time to examine the question. It cer- tainly is not the disposition of the witness to treat the committee or the senate with disrespect. By Chairman Eoesch : Q. Are you the president of any Republican organization of that district ? A. I am not. Q. Do you hold any other office in any Republican organization in that district ? A. I do not. Q. You are a Republican ? A. I am. Q. Are you connected with the town committee ? A. I am not. Q. Or with any other political committee of the Republican party in that district ? A. No, sir. Q. "Why then, if you held no official position and held no other political position in connection with the Republican party or organi- zation in that election district, do you feel that you ought to refuse to answer; don't you think you do your Republican associates an injustice ? A. How is that 1 Q. If you held no public position in connection with the election machinery ? A. Did I say I didn't ? Q. You did. A. I didn't understand the question. Q. Did you hold a public position? A. You might call it public; I held a position. 205 Q. What position did you hold? A. That I refuse to answer; it •would incriminate myself and disgrace. Mr. GErFEiTHS. — I suggest to counsel, in 72 New Tort, People against Brown, a question was asked him on his trial, whether or not he had been arrested before, charged with stealing grain, and the question was there raised by the district attorney that it was a personal privi- lege to the witness. The Court of Ajypeals claimed, inasmuch as it was the defendant being examined, the right went to his counsel as well as the witness. But such a case is not presented here; he is simply a witness here and not a party. Mr. Wellington. — I do not interpose the objection. By Chairman Eoesoh: Q. I understand now that you say that you held a position in c 'U- nection with the Eepublican organization of that election district? A. Yes; that is the fact. Q. But you refuse to state what position you held on the ground it would criminate you and disgrace others; is that so? A. That is right. Q. Don't you think you should not allow that answer to stand in justice to your Republican associates in that ' election district? A. I don't think it would be any injustice to them. Q. Tou say you held a position which criminated you and disgraced others; you refuse to state what position you held, and that is all the answer you will make; do you think you are doing justice to your Eepublican friends in your election district ? A. I don't see why I am not. ' Q. Then I understand that you refuse to state what position you ' held in connection with the Republican organization of that district; is that so 1 A. That is what I said. Q. And you base your refusal upon the ground that the answer would criminate you and disgrace others; is that correct ? A.- That is correct. Q. Did the position which you held, and which you refuse to divulge, necessitate upon your part the distribution of money on election day for corrupt purposes in that election district ? A. I refuse to answer, on the same grounds, that question; it would crimi- nate myself. Q. Tou refuse to answer the last question of the chair upon the same grounds that it would criminate you and disgrace others ? A. Tes, sir. 206 By Mr. Eoohe: Q. Did you hold more than one position £hat day ? A. I did not. Q. Where were you on the day of election : in what particular place jn your election district? A. In the store most of the time. Q. What store ? A. Adams' store. ' By Chairman KoESCJfic : Q. At whose request did you fill the position which you held? A. That I don't know; it was handed — I couldn't tell you that. Q. Did you fill the position which you held by an appointment in writing ? A. There wasn't much writing to it; it was in writing what there was. Q. By whom ? A. No name signed. Q. The position which you held was filled by you by virtue of a piece of paper which was partly printed and partly written ? A. That is it. Q. By whom was tkat piece of paper handed to you ? A. I don't know; it wasn't handed to me. Q. Did you pick it up somewhere ? A. I did. Q. Where did you pick it up ? A. In my pocket. Q. How did it get into your pocket? A. It was put in there. Q. Who put it in there ? A. I don't know. Q. I don't think you mean to be corrupt, I don't think you mean to lie, but you are here in that attitude just now ; you are a respectable looking man and evidently a man of intelligence and you ought not to occupy this position; you ought to come out and tell the truth plainly and then you would not be under one-half the suspicion you are now; you mean to tell us that that piece of paper was put in your pocket? A. Yes, sir. Q. You don't know by whom it was put in your pocket ? A. No, sir. Q. Was it inclosed in any other paper or in an envelope ? A. No. Q. Did you deliver up that piece of paper to anybody on election day or after election day? A. No. sir. Q. By virtue of that piece of paper you filled a position ? A. I did. Q. Wasn't it the position of deputy marshal or deputy sheriff ? A. It was not. Q. You discharged some duties because of the position you held, you did some work ? A. Yes ; I did work. Q. You were paid for the work you did ? A. I was not. Q. You did it for nothing ? A. I did; didn't get a cent for it. Q. You mean to say you have not yet been paid for it ? A. Never have been promised pay. 207 Q. The work you did was purely voluntarily? A. It was. Q. And yet you say it was such work as that you say was connected with a position to testify about which would criminate you and bring others into disgrace ? A. Yes, sir. Q. Did you do anything corrupt on that day, to inducfe men to vote who had no right to vote ? A. I did not. Q. Or bribe them to vote for men they did not want to vote for ? A. I did not. Q.; Yet you refuse to tell what position you filed? A. Yes, sir. Chairman Eoesoh. — I think the witness is simply imagining some harm. Mr. Wellington. — May I suggest this, that the matter be held in abeyance for this hearing, and the witness will be present at the next, and allow time for consultation, allowing him to consult with his counsel, and if necessary his counsel with us. Mr. RooHB. — That is all well enough after we get through with him. By Mr. Eoohe: Q. Whose handwriting was on this paper? A. No handwriting; it was type-writing. ~ ' Q. Was it caligraph or type-writing machine ? A. Type-writing, I suppose; I didn't see the machine. Q. Who has got a type- writer in your town? A. I don't khow; there is quite a number tifiere; I don't know how -many. Q. Was it your own type-writer ? A. No, sir. Q. Do you know in whose ofBce it was written ? A. No, sir. Q. Did it have any printed heading ? A. No, sir. Q.* Did it come from any law office or business office of any kind ? A. I don't know. Q. Did you give that paper up before or after election ? A. I did not. Q. Where is it now ? A. Burned up. Q. When did you burn it ? A. I burned it as soon as I read it, that day. Q. Why did you burn it ? A. Because I didn't want it around in my pockets. Q. Was there anything dangerons about it ? A. Nothing; np. Q. When did you first find it in your pocket? A. Qn the morning of election day. Q. What time in the morning ? A. About 8 o'clock, I should think; I don't know just when. Q. Where were you when you found it ? A. In my boarding place, at Munson's hotel. 208 Q. What time did you get up ? A. About 7 o'clock. Q. Was it in your pocket when you got up ? A. No, sir. Q. How so6n after you got up and put on your pants was it in your pocket? A. I had been up to the store and done some work, and came down to breakfast. Q. Whose store? A. Adams. Q. What are his politics ? A. Democrat. Q. Did Adams put it in there "? A. I don't know. Q. Which pocket was it in? A. In my coat pocket, overcoat pocket. Q. Was that overcoat at your boarding place ? A. It was. Q. Did you wear it the night before ? A. I did. Q. Was that paper in your pocket then ? A. I didn't see it then. ' Q. Did you attend any conference or meeting the night before ? A. No, sir. Q. Did you attend any conference or meeting that morning? A. No, sir. Q. When did you first put on your overcoat that morning? A. After I eat my breakfast, a little after 8 o'clock. Q. Where was that overcoat hanging ? A. In the office. Q. What office ? A. Munson's office, "the office of the hotel. Q. What else was in that pocket ? A. That I refuse to answer on the same grounds, it would criminate myself. Q. Were there any paster ballots ? A. There were not. Q. Were there any election notices ? A. There was not. Q. Was there any paper, written or printed or partly written and partly printed ? A. No, sir. Q. Was there any article of merchandise of any kind ? A. No, sir. Q. Was there gold or silver coin or United States currency of any kind? A. That I refuse to answer on the same grounds, it would criminate myself. Q. That paper and this article that was in your pocket were there before you went to Adams' store ? A. No, sir; not before I went to , the store, I had been to the store. Q. You hadn't noticed them when you went to the store? A. I didn't have my overcoat on. Q. They were in your pocket when you came back ? A. They were in my pocket when I put my overcoat on. Q. They Weren't put in at Adams' store ? A. I don't know. Q. You didn't have the overcoat to Adams' that morning ? A. I didn't have it there. ' ' Q. How long did you stay in that store that day ? A. I stayed there, I don't know just how long I was in it. 209 Q. When you were out where did you go? A. I was down to the hotel and around. Q. Where was the polling place ? A. Up to the hpse-house. Q. How often did you go there that day? A. Went up there once. Q. Who came from the polling place to hold conversation with yoa during the day at Adams' store ? A. No one at all ^any more than came in and talk about election. Q. Who was one person who came and talked about election? A. All the customers we happened to be waiting on. Q. Did anyone go to Munson's hotel ? A. No. Q. Did anyone go to Munson's or Adams' to ask you for money that day ? A. No, sir. Q. Did anyone come to you with a piece of paper in his possession of any kind that day ? A. No, sir. Q. Did anybody come to you with a token of any kind, or anything on which there was writing ? A. That I refuse to answer. Q. On what ground ? A. On the same ground. Q. Did there ten persons come to you with pieces of paper or tokens of any kind on that day on which there was any writing or any mark that day ? A. I don't see but what that is the same question; it would criminate myself. Q. Tou refuse to answer that ? A. Yes. Q. Did twenty-five persons come ? A. I refuse. Q. Will you say there didn't twenty-five persons come to you that day ? A. I will not. Q. Will you say there didn't fifty come? A. I will not. Q. What time did you go to bed that evening ? A. About 10 or half-past 10; might have been 11 o'clock. Q. Who were you with after your supper and before you retired for the night? A. I was with clerks in the store. Q. Who else? A. Nobody; my room-mate when I went to bed. Q. How many lines were on this paper; this type-writing that you saw in the morning? A. I don't think I could tell; I don't remember. Q. Where there a dozen? A. I don't remember. Q. Were there two ? A. I couldn't tell. Q. What was the date of the paper ? A. No date. Q. Who was it addressed to ? A. Wasn't addressed to nobody. Q. State some of the words that were in it ? A. 1 can't remember just what was on it. 27 210 By Chairman Eoesoh: Q. Did you liave any paper at all ? A. No. Q. Haven't you been giving us some ghost story here for the last few hours ? A. No; I have not; I wouldn't perjure myself for anybody. By Mr. Eoohe: Q. Was it a commercial paper of any kind whatever ? A. What do you mean by " commercial " paper ? Q. Promissory note, bill of exchange, bank check ? A. No, sir. Q. Was it a legal paper of any kind ? A. It was not. Q. Was it a bill or voucher of any kind ? A. There was not. By Chairman Boesgh : Q. Was there any name at the bottom of the paper ? A. No, sir. By Senator Endees: Q. What was the size of that paper? A. Just a small piece of paper; just a note. ' Q. Was it type-written on note paper or paper they use for type- writing purposes ? A. It was on that kind of paper. Q. Where did you find it ? A. I don't remember which pocket it was in; it was in the outside pocket. Q. Lower outside pocket ? A. One of the lower ones. By Mr. Roche: Q. Who were your fellow boarders that time ? A. A man by the name of Simons. Q. Who else ? A. A man by the name of Davis Lerow, I think his name is; tjjiey call him George Sullivan. Q. Did you ever hear that any of those persons in that house had put that paper in your pocket? A. I heard nothing of the kind. Q. Did it strike you as strange there should be such a paper there ? A. Somewhat. By Chairman Eoesoh: Q. Were there any names of voters on that paper ? A. No, sir. Q. Any names of registered persons ? A. No, sir. By Senator Endbes: Q. How long after you got that paper was it that you destroyed it? A, I destroyed it that forenoon. By Chairman Eoesoh: Q. Did you have some bits of leather in your pocket t A. No; I don't think I did. 211 Q. Sure about that ? A. I don't think I had any leather in my pootet! Q. Did you have anything in your pocket or in your hand on that election day, that was punctured with holes, to show how much a voter was entitled to ? A. That I refuse to answer on that same ground. Q. You refuse to answer that on the ground it would criminate you and disgrace others ? A. Yes, sir. Mr. Roche. — I ask that the witness be directed to answer the question. By Chairman Eoesoh : Q. When the polls had closed did you pay out money to the persons who were represented by the hbles punctured ? A. No, .sir- Q. Did you before the polls were closed ? A. That I refuse to answer on the same grounds. Q. Did you pay a man after he had voted a ticket and then puncture a leather, or whatever substance it was that you had in your pocket, to keep track of the amount of money that you paid out? A. I refuse to answer that on the same grounds. Q. Did you count the money that you had in your pocket? A. I refuse to answer that. Q. On the same grounds ? A. On the same grounds. Q. How much did you pay to voters on election day, if you paid them anything, for their votes ? A. I didn't say that I paid anything. Q. Did you pay anything? A. That I refuse to answer on the same ground. Q. Do you know how much money you had in your pockets when you left Munson's hotel on the morning of election day? A. I do not. Q. Do you know how much money you had left when the polls had closed and you had finished paying the voters ? A. I didn't say I paid voters. Q. Will you swear you did not pay voters? A. I refuse to answer ' it on the same ground. Q. Isn't it a fact you paid voters on an average six dollars each to vote as you asked them to vote ? A. I didn't ask anyone to vote this year. Q. Did you pay them five dollars each? A. I havfen't said I paid them anything. Q. Will you swear you did not pay them anything? A, I refuse to ahswler. 212 Q. Upon the same grounds that you refused to answer the other questions ? A. Tes, sir. / Q. When the polls had closed on election day, or at any time after the close of the polls, did you report to any committee or person the amount of money that you had expended on election day ? A. I did not. Q. Did that paper request you to do so; that paper you found in your overcoat pocket? A. Bequested nothing of the kind. Q. That you should report what you had paid after the poUs closed ? A. No, sir. Q. Can you state from memory now the substance of what was type- written on that piece of paper in your pocket? A. No, sir; I can not. Q. Tou have absolutely no memory at all just now about the con- tents of that paper ? A. No, sir. Q. Tour memory is pretty good about what happened on election day otherwise ? A. Pretty fair. Q. Did you vote ? A. I did. Q. Did you vote the Republican ticket ? A. Most of it. Q. What time of day did you vote? A. I guess it was after dinner; after dinner, between 1 and 2. Q. You voted after you had discovered this paper in your overcoat pocket ? A. Yes ; that was in there in the morning. By Mr. Eoohe: Q. How is it, if it struck you as queer, the finding, of this paper in your pocket, th,at you don't remember anything whatever as to its contents? A. I don't just remember anything what there was in it. Q. How do you account for the fact, if it struck you as a queer cir- cumstance there should be such a paper there, that you don't remember anything about it? A. I don't just understand the question. Q. About its contents; is it because you don't want to remember? A. Not exactly. By Chairman Roesoh: Q. Is it because to remember now the contents of that paper would criminate you and disgrace others ? A. Yes. Q. Then in point of fact you do now know the contents of that paper? A. Not exactly; no, sir. Q. What you do know of the contents of that paper you refuse to state on the ground that it would criminate you and disgrace others? A. Yes, sir. 213 Q. When were you subpoenaed to appear here ! A. Monday. Q. After you' had been served with a subpoena to appear here to-night did you consult with anyone in reference to the testimony you would give? A. I did not; I did Mr. Adams; I asked Mr. Adams what it meant. Q. Who is Mr. Adams ? A. My employer. Q. He is a Eepublican ? A. He is a Democrat. Q. Did you consult with anyone in regard to the testimony that you should refuse to give ^ere to-night? A. No, sir. Q. Did you consult with anyone in reference to what you should state in regard to the contents of that paper ? A. No, sir. Q. Aside from Mr. Adams have you had a conference with anyone else in regard to your testimony since the service of the subpoena upon you? A. I haven't; only just with my room-mate talked it over. Q. With no one else ? A. No, sir. Q. What is your occupation ? A. Clerk. Q. You have been in that occupation how long? A. Twelve or thirteen years. Q. With Mr. Adams during all that time? A. No; I have been with Mr. Adams for about a year. Q. For whom did you work before that? A. I worked for Whitmore & Potter. Q. Where are they ? A. Granville. Q, Are you a member of the Bepublicau association ? A. I am not. By Mr. Eoohb: Q. Who is the Potter of that firm ? A. J. M. Potter. Q. Describe these tokens, of which you have spoken, that were presented to you ? A. What tokens ? Q. You said you received something during the day; what were they ? A. I didn't say I received anything; did I? Q. I think you did? A. I don't remember as I did. Q. What do you say now ? A. I refuse to answer. Q. Did you receive pieces of leather ? A. I did not. Q. Or pieces of pasteboard, or pieces of paper, or pieces of anything that day? A. I refuse that on the same grounds; it would criminate myself and disgrace others. By Chairman Robsoh: Q. At what time of day did the polls open in that election district ? A. I don't know, I am sure. 214 Q. Were you there at the opendng of the polls 1 A. No, sir. Q. You went from Munson's hotel, where you boarded, to the store where you worked? A. Yes, sir. Q. At which place did you spend most of your time on election day; in the polling place? A. No, sir. Q. Then, what distance from the polling place were you most of the day? A. The store is quite a distance, probably thirty or forty rods; maybe more than that; I couldn't say; I don't know; I wouldn't dare say how much it was. Q. Had you visited the polls before you went there to vote your- self ? A. I had not. Q. Were you in the store in which you worked most of election day ? A. The greatest part of the day. Q. During what hours were you away from the store in which you worked ? A. I was in and out awhile. Q. When you were out of store and not in your boarding place and not in the polling place; in what place were you? A. I was down in the bam. Q. In whose barn ? A. In my room-mate's barn, talking. Q. How near the polling place is the barn ? A. Quite a distance. Q. Who was in the barn ? A. An old hostler and Mr. Simons. Q. What was the occasion of your being in the barn? A. I gen- erally go down there visiting every day. Q. On election day, when you were not in the store in which you worked and were not in your boarding place and not in the polling place, you were to be found in the barn ? A. Not exactly. Q. You were in the barn? A. Yes, sir. Q. Did you have any visitors in the barn? A. Some. Q. Have as many as ten 7 A. I presume there was some come in and out there hiring rigs. Q. As many as fifteen ? A. I couldn't say. ' Q. As many as twenty-five ? A. I don't know I am sure. Q. What part of the barn were you when these visitors waited on you ? A. They didn't wait on me. Q. Come there to see you ? A. I didn't say they came there to see me. Q. When the people came to the barn, got there, in what part of the barn did they find you ? A. I didn't say they were looking for me. Q. Do you mean to say nobody came there to see you on election day ? A. To see me personally ? Q. Yes. A. I don't know as anyone came there personally to see me. Q. Did you leave any change around loose for these people that came into the barn to get ? A. I left nothing of the kind. 215 Q. Did you put any pieces of paper or anytyng else in anybody's pocket on election day, overcoat pocket ? A. No, sir. Q. Did you try to play the same trick on anybody else that was played on you — put a piece of paper in their overcoat pocket without their knowing it ? A. I did not. By Senator Endees : Q. Did anybody come there and demand any money of yju for vot-. ing on election day ? A. That I refuse to answer. Q. On the same ground 1 A. On the same ground. Q. Did you pay anybody for voting on election day in the bam? A. I refuse to answer. Q. Did you disclofee the contents of that paper to anyone? A. I did not. Q. To not a soul ? A. Not a soul. Q. Nobody knows anything about what was in the paper but your- self? A. Not uHless they saw it before I got it. Mr. BooHB. — We ask, if the committee please, that the witness be directed by the committee to answer these various questions which he has refused to answer. Chairman Roeboh. — The committee is of the opinion that you must answer the questions which have been asked you, and which you have thus far refused to answer; the committee says, furthermore, that if you continue in your refusal the committee will report -to the senate for such action in the pre- mises as the senate may deem proper. I will state to you that it is the opinion of the committee that you can not be held to answer anything for anything which you may testify before this com- mittee that may criminate you; I wiU also state to you that it is the opinion of the coriimittee that the senate may punish you, if it finds you guilty of contempt, by imprisonment in the county jail for the term of the senate. Mr. Wellington. — The question, of course, is one of some serious- ness. Would it not be fair to the witness if the witness might have an opportunity to consult counsel ? Chairman Eoesch. — I think so. Mr. Wellington. — Before the matter is presented to the Senate ? Chairman Eoesch. — I think so. The witness, I think, will find, when he has left this room and had a chance to think over his attitude, that he is unnecessarily placing himself in a false position; I think he will come back here and answer your questions. 216 By Mr. Boohe: Q. Did you show that paper to Mr. Adams? A. I did not. Q. Did youjtestify that you did ? A. No, sir; I did not. Q. Did youj show it to anyone? A. Not that paper; I testified I showed my subpoena. Chairman Roesoh. — The committee will for the present excuse you. You are, however, under instructions to appear at the next session of the committee. The committee will then give you an opportunity to again answer or refuse to answer, as you may be advised, the questions which you to-night have refused to answer; and in the event of your continued refusal the committee will report you to the senate. You may retire and you will learn in a short while the adjourned day of the committee. I want to ask you one question. Will you come to {he next session of the committee 1 The Witness. — I will, if I am obliged to; lam working for other men; my time isn't my own. Q. I want to say to you if you are served with a subpoena from this committee and paid your mileage and witness' fees you are obliged to come and you can not get out of that non-appearance for any reason, except such as would generally be accepted for the non-appearance of a witness; if you refuse to come after being duly subpoenaed the com- mittee will, without further hesitation, report you to the senate. A. I wouldn't refuse to come if my time was my own. NoBMAN W. Stare, being duly sworn, testified as follows: By Mr. Whitman: Q. Where do you live ? A. I live in the town of Whitehallr^ Q. Did you vote there at the last election ? A. Yes, sir. , Q. Where did you live immediately preceding that ? A. Comstock's. Q. How long did you live there ? A. I lived there three months. Q. Where did you live before that ? A. I lived in Vermont; West Haven. Q. How long did you live there ? A. I don't remember just how long it was; it wasn't but a short time. Q. Are you married ? A. Yes, sir. Q. Did you occupy a house there ? A. Yes, sir. Q. Keep house? A. Yes, sir. Q. At West Haven, Vermont ? A. Yes, sir. Q. Where did you work ? A. I worked for David Auf ensen. Q. At what occupation ? A. Chopping. Q. Did you vote at the last election in Whitehall ? A. Yes, sir.. Q. Did you vote the Republican ticket ? A. Yes, sir. 217 , Q. Did you swear your vote in ? A. Yes, sir. Q. At whose request? A. I don't know as I swore it in; Mr. Bur- leigh proposed I should vote; said I was a voter; that it was all right. Q. You swore at his advice; you were challenged, were you not? A. Yes, sir. Q. And you took the oath ? A. Yes, sir. Q. You took the oath at the advice of Henry G. Burleigh, did you not ? A. Somewhat that way. Q. How much that way? A. They said I was a voter and I told them how it was, and they said I was a voter and I voted. Q. How did you tell them — that you had lived over in Vermont within a year? A. I didn't tell them; no, sir. Q. Did you tell them where you had lived ? A. Yes, sir. Q. Where did you tell them ? A. I told them I had lived in New York State. Q. How long ? A. A year; I told them that was my home, anyway t Q. You don't mean to say you committed perjury, do you? A. I mean to say that I told them I lived in York State a year. Q. You hadn't, in fact, lived there a year? A. No, sir; I hadn't. Q. Biit you had lived in Vermont ? A. Yes, sir. Q. Within the year ? A. Yes, sir. ' Q. Who challenged you ? A. I don't know who it was that chal- lenged me. Q. Who was it that urged you to swear your vote in ? A. Mr. Burleigh. By Mr. Wkllinoton: Q. When you went out of the State of New York what season wasi it ? A. It was in the fall. Q. Fall of what year? A. Fall of 1891. Q. You mean the fall tof 1890; were you out of the State at the time the election was held ? A. No, sir. Q. How long did you live in Vermont ? A. I don't remember just how long I lived'there. Q. About how long ? A. I should think about two or three months. Q. How did it come you said your home was in New York State. A. I lived in New York State, and I moved in Vermont to work through the winter and then was to move back. Q. When you went into Vermont did you go there with the inten- tion of staying ? A. No, sir. Q. You went there with the intention of coming back in New York state ? A. Yes, sir. 28 218 Q. Tou claimed your home all the while in New York State. A. Yes, sir. Q. You neyer voted in Vermont ? A. No, sir. Q. You never called that your legal residence ? A. No, sir. By Mr. Boohe : Q. Was there any election in Vermont while you were there ? A. No, sir. Q. How long were you there? A. Between two and three months. Q. Did you rent a house there ? A. Yes, sir. Q. Paid the rent ? A. Yes, sir. • Q. Your wife there ? A. Yes, sir. Q. You worked there ? A. Yes, sir. Q. And slept there ? A. Yes, sir. Q. How far was it from Whitehalf? A. About nine miles. Q. Did you know when you went to Vermont when you would come back to New York ? A. I knew I would come back in the spring. Q. How did you know it ? A. I knew I would if I was alive. Q. If you had continuous work in Vermont didn't you mean to stay there ? A. No, sir. Q. What were you working at ? A. Chopping wood. Q. What time did you go there ? A. Went there in the fall. Q. What month was it you went ? A. I think November some time. Q. What were you working at in Whitehall ? A. I was farming. Q. Had you ever gone to Vermont before ? A. I had been there once before. Q. With your family ? A. No, sir. Q. This time you took all belonging to you ? A. No, sir; not hardly. Q. What did you leave behind ? A. I left my sleigh and my wagon, Q. Take your horse with you ? A. Yes, sir; took both of them. Chairman Eoesoh. — I don't think it necessary to pursue that inquiry any further. » Mr. RooHB. — All right. Syivestbb Mason, being duly sworn, testified as follows: By Mr. Roohe: Q. Where do you live ? A. Town of Easton, Washington county. Q. How long have you lived there ? A. Three years. Q. Do you know George Btggert of Easton ? A. Yes, sir. Q. What are your politics ? A. I am a Bepublioan. Q. What is George Biggert ? A. He is a Republican, I believe. Q. Did you vote last election day ? A. No, sir. 219 ^Q. Have you got a son ? A. Yes, sir. Q. What is his name ? A. Albert H. Mason. Q. Did he vote ? A. No, sir. i Q. What are his politics ? A. He is a Republican. Q. On the fourteenth of January, in this investigation going on before this committee, George Biggert was examined as a witness, and upon that examination he was asked if he knew any Republicans who were paid by Democrats to keep away from the polls on election day, and he answered that question by saying that he did, and, among Other things, that he knew a man named Mason, a Eepublican, iwho was paid five dollars by men from the Democratic county committee to stay home on election day, and that Mason told him about it, and said that he was ashamed of it, and would never do it again; did you have any talk with Biggert on the subject of your voting or not voting 1 A. I did. Q. What was that conversation ? Mr. Wellington. — I object to it upon the ground they can not impeach their own witness. Mr. Griffiths. — Tou brought that out on your own cross- examination. ' Mr. Wh-lington.— You put him on the stand, but you can't impeach him. Mr. Geiepiths. — That principle is not very plain. We are not bound by anything our witness swore to. We have a right to contradict him and show a different state of facts existed. We are not impeaching. My friend drew it out. Mr. Wellington. — I think the question as put is incompetent. He is asked now to give the conversation he had with this man. By Chairman Koesch: Q. Did you tell this man that you were ashamed you remained away from the polls? A. No, sir. Q. That you were paid to remain away froni the polls? A. No, sir. By Mr. Roche: Q. Did you tell him that you knew six others who received three dollars each to stay at home ? A. No, sir. Q. Was it a fact that you were paid five dollars by any Democrats or by anybody else to stay away from the polls? A. No, sir; not a solitary man. Q. What did you state to hito about the election ? A. I said to him that it came up that the Republicans were badly beat; I says to him there was a good many Republicans that didn't go to the polls 220 and vote at all, and I then mentioned these six, including myself and my son with the rest, stating we didn't go to vote. Q. Did you tell him why you didn't vote ? A. No, sir. Q. Why was it you didn't ? A. I didn't vote because I was rather disgusted with the proceedings of our leading men. Q. Do you know of any other Mason in your town 1 A. No, sir. Q. Tou did, in fact, have a talk with Biggert ? A. Yes. Q. Was that the day after election ? A. Tes, sir. Q. Have you made inquiry to ascertain if there is any other person of your name in that town? A. I have; I went to the town clerk and looked over the registry. By Mr. Wellington: Q. Did you know of any Eepublicans that were paid to stay away ? A. No, sir. Q. Didn't hear of any? A. No, sir; I have heard of them, heard the remark made, but that was all. Q. How many did you hear were paid ? A. Not any particular number. Q. Quite a number ? A. Quite a number, seemingly. Q. Did you once live in Troy ? A. Tes, sir Q. What was your business there? A. I worked part of the time for Frank Pickering in the gardening business and part of the time in the nail factory. Q. Ever keep a store ? A. No, sir. By Mr. Roohe: Q. What ward did you live in in Troy ? A. Seventh ward. Q. Did you vote there ? A. Tes, sir. Albebt H. Mason, being duly sworn, testified as follows: By Mr. Boohe: Q. Are you the son of the last witness ? A. Tes, sir. Q. What are your politics ? A. Republican. Q. Do you know George Biggert ? A. Tes, sir. Q. Did you vote on last election day? A. No, sir. Q. Were you paid any money or offered anything of value whatever for not voting 1 A. No, sir. Q. By any Democrat or by anybody else? A. No, sir. By Mr. Wellington: Q. Did you get anything from anybody? A. No, sir. Q. At or about election ? A. No, sir. 221 Q. Before election ? A. No, sir. Q. Or after election ? A. No, sir. Q. Did you know of any Republicans up there that were bought to stay away ? A. No, sir. Q. Did you hear of any such thing? A. No, sir. Q. What is your business ? A. Laborer. Q. Where do you work ? A. Wherever I can get it. Q. Where did you work last ? A. I haven't worked any this winter at all. Q. Where did you work last? A. It is pretty hard to tell. Q Haven't you done any work- lately ? A. No, sir. Q. Who supports you ? A. I am living at home this winter. Q. Does your father support you ? A. He is at present. Q. When did you work last ? A. Not since last fall, digging potatoes. Q. When did you work before that ? A. I worked for Mr. Akin, in haying. Q. Have you ever had any other employment than that of a farmer ? A. Yes, sir. Q. What ? A. I have worked in the mills in Troy about three years ago, I guess. By Mr. Eoohe: 'Q. You work from time to time when you can obtain employment? A. Yes, sir. John H. Dunn, being duly sworn, testified as follows: By Mr. Eoohe: Q. Where do you reside ? A. Granville. Q., Did you vote there on last election day? A. Yes, sir. Q. What are your politics? A. Democrat. Q. Were you around the polling place a good part of the day ? A. Yes, sir. Q. What did you observe as to the conduct of the election there on that day ? A. There were pasters handed inside of the room. Q. What do you mean by the room; where the inspectors were or where the voting booths were ? A. Yes, sir. Q. Who did that ? A. Frank Hicks. Q. What are his politics ? A. He is said to be a Bepublican. Q. Did you make any objection to it ? A. I didn't think at the time until he got a paster in his hand. 222 Q. Into the hand of some voter ? A. He had been in and folded his ballots and came out. Q. The voter had been into the booth and folded his ballots and came out; what did he come out for ? A. Hand them to the inspector or poll clerk. Q. Tell what the story is ? A. They wasn't folded right and they threw them into the waste basket and give him a new set and he went to go back. Q. Who threw them into the waste basket, the inspectors ? A. I should say so; he went to go back and Hicks yelled to him to hold on a minute until he give him a paster. Q. Did he give it to him ? A. Tes, sir. Q. Take it in with him ? A. I suppose he did. , Q. Did he come ou^t again and vote ? A. Tes. Q. Did you give any order to Allen Curtis that day ? A. Yes, sir; he was trying to get a man that said something to him about voting; I told him to go outside if he wanted to talk with him. Q. He was electioneering inside the room ? A. He was electioneer- ing inside the, room I should say. Q. Who was that man ? A. Allen Curtis. Q. Who was he electioneering ? A. I don't know; he asked some man to vote. Q. Did there a man swear in his vote there who was a non-resident? A. He had moved out of the election district; he had gone on to another election district. Q. Wasn't he a resident of that election district at the time ? A. I should say not; I challenged him and he swore in his vote. Q. What are his politics ? A. Hicks told him to swear it in; he would back him. Q. Did he? A. I don't know; I told him I would prosecute him. Q. Did he swear in his vote 1 A. He swore in his vote. By Chairman Eoesoh: Q. What was his name ? A. Lew Winchell they call him. By Mr. Roche: Q. Did you see George McCotter there that day? A. I did. Q. What did he do ? A. He folded some ballots, Q. Whereabouts ? A. Stood back of the ballot-box. Q. Was he an inspector, poll clerk or ballot clerk ? A. I should think he was poll clerk. 223 Q. "Who did he fold the ballots for ? A. For Jim Elbridge; he went in once or twice and didn't seem to know how to fold them. Q. Did McCotter have a book of paster ballots? A. Not that I know of. By Mr. Wellington: Q. Tou say one man swore in his vote; do you know where that man lived ? A. He lived in the town of Greenfield^ and he lived in another election district; he went to South Greenfield. Q. What was his name ? A. Winchell. * Q, What district was this that you attended; what is the number? A. I don't know; I don't pay no attention to that. Q. Were you around election day ? A. Yes. Q. Aroiind where ? A. I was a watcher. \ Q. Watching what ? A. The Republicans mostly. By Chairman Boesoh: Q. Were you as active in watchiag them as you are in answering questions here to-night ? A. What do you mean by that ? By Mr. Wellington: Q. How many paster ballots did you see given out that day ? A. One. By Mr. Eoohe: , Q. What more do you know ? A. I see this Prank Hicks handing money just outside the door of the voting place. Q. This was the man who had been inside and handed the voter a paster ballot ? A. No; another Hicks. Q. What were his politics? A. I should say he was a Eepublican; of course I don't know what he handed him the money for. Q. It was outside the polling place and after the man had voted 1 A. Outside the door. Jeeome HjiREiNGTON, being duly sworn, testified as follows: By Mr. Eoche: Q. Where do you reside ? A. Easton. Q. What are your politics ? A. Republican. Q. What is your business ? A. Carriage painting. *Q. Was your place of business used the day of election ? A. It was. Q. Was it engaged before ? A. It was not. Q. Were you not spoken to about it? A. No, sir; only the night previous. 224 t Q. By whom ? A. Ed. Carr. Q. Had you had any talk with Mr. ^iggert about it ? A. No, sir. Q. Did Mr. Biggert make any complaint to you about its being used by Carr? A. Yes; that I hadn't ought to let the Democrats get in the shop, because he was going to have a little room off adjoining that we used for a bed-room. Q. He wanted that little room for election day ? A. Tes, sir. Q. What did you say to him ? A. I told hifii I was going to let the room for anyone that wainted it for that purpose as long as it was a public day; I didn't care what party. Q. Where did Mr. Biggert go then ? A. He went back to the poll- ing place, I suppose. ^ Q. Did you learn of his having any other place in use that day ? A. Yes', sir;, William Stiles, adjoining. Q. Did Biggert have any talk with you before election about going and getting men to register, saying he would see they got their pay ? A. Yes, sir. Q. What was that? A. He told me to go and ride with him to Hill or South Easton and fetch his horse back, and he named over three or four different parties he would like to have me see and tell them if they would come up aiid register he would see they got their pay for registering a,nd for coming up and voting election day. Q. Did some of those persons come ? A. I do not know. Q. Did you see any one of them? A. Yes. Q. What was his name ? A. Benjamin Walker. Q. Did he come ? A. I do not know. Q. You told him what Biggert said ? A. Yes. Q. Do you know about Osberg voting that day. A. I do. Q. Did you hear of Osberg receiving any money ? A. Yes ; my father-in-law owned the carriage shop, and Osberg is a brother-in-law of his, and he came in the shop and said the first time he ever voted and received a dollar when he ought to have two, and he would be damned if he would ever vote that ticket again. Q. What ticket was that ? A. Republican ticket. Q. This was election day? A. Election evening. By Mr. Wellington: Q. What are your politics ? A. Republican. Q. What is your business ? A. Carriage painting. Q. Where does this man work ? A. By the month for a man named Chase, at Easton; he was never known to vote without he got paid for it. 225 Q. How old a man is he ? A. I think he is thirty-two or three; I ■wont be positive. Q. What district was that ? A. First district of Easton. James H. Jackson, being duly sworn, testified as follows: By Mr, Whitman: Q. Where do you live ? A. I live in the town of Whitehall. Q. Have for how long ? A. About eighteen years. Q. You are a voter there ? A. Tes, sir. Q. A man of family ? A. No, sir. Q. Did you occupy any position on the election board last year ?' A. No, sir. Q. Did you attend the polls in any capacity ? A. No, sir. Q. Do you know a man by the name of Stark ? A. Yes, sir. Q. Were you present at a time when he was challenged ? A. I was. Q. Who challenged him ? A. William Barrett. Q. What are Barrett's politics ? A. I think he is a Democrat. Q. What was done when he was challenged? A. Mr. Burleigh said that he was a voter and urged him to swear in his vote. Q., Was anything said in reply to that to Mr. Burleigh? A. Yes; I heard him urging the young man to swear in his vote and I knew in my own mind he was not a legal voter, and I told Mr. Burleigh I thought he was pushing the thing too far; he said I was a God damn liar; I would be in State prison before the young man would. Q. The man swore his vote in ? A. He did. , Chairman Boesoh. — The chair understands there are some gentle- men here to-night who have been subpoenaed from some distance and whom it would be pretty difficult to get here again if they would have ta be subpoenaed over again in the usual manner; the chair wants to announce, therefore, that all the witnesses in this case who have been subpoenaed for to-night and have not been placed upon the stand to-night are directed by the committee to come here again at the next session of the committee and they will then receive sub- poenas for the next session when they are here and will thus be paid for their attendance upon both occasions. The witnesses, therefore, who have been subpoenaed for to-night and have not been placed on the stand will kindly come again at the next session of the committee. The committee will adjourn this case until next Tuesday evening, February 11, 1892, at 7 p. m., and will take up the Lamont-Eichardson case, to-morrow evening at Newburghi The committee then adjourned^ 29 226 Albany, N. Y., Thtjesdat, February 11, 1892 — 7.30 p. m. The committee met pursuant to adjournment. Present — Chairman Eoesoh and Senator Endres. Chairman Eoesoh.— The committee is ready to proceed. Mr. Whitman. — William E. Roberts is the witness who refused to answer and agreed to appear again this evening. Chairman Eoesoh. — I think I directed him to be here, and men- tioned the day of the adjourned session. The chair is of the opinion that it makes no difference whether Mr. Eoberts was subpoenaed over again for this session or not. Mr. Roberts was subpoenaed to attend a hearing of this committee; he was placed upon the stand, and was sworn, and confessedly his examination was not finished, so that even had the incident as to his refusal not to answer not happened, he would have been obliged to come again and present himself on the stand, until his examination was concluded. If he had been sub- poenaed and placed upon the stand in the ordinary manner, and his examination had not been concluded, and the committee had taken three or four adjournments previous to the conclusion of his examina- tion, he would be under obligations to appear and submit himself to further examination, so that the chair is of the opinion that the wit- ness is in contempt of the committee. Furthermore, the witness himself was given by the chair the advice to appear, and if he would appear again, that he might answer the questions if, in the meanwhile, he had been so advised, and the adjournment was taken according to the recollection of the chair, that the witness might have an oppor- tunity to consult counsel. Mr. Wellington. — I regret the minutes are not here, for I know if I could refer to them, the chair would see the witness might have misunderstood your directions, because I read the testimony over myself, this afternoon, not, with that in mind, but preparing a brief that I have in preparation, and I certainly understood, from what the chair said, that it was necessary to subpoena the witness again. Chairman Eoesch. — What is your desire in reference to the matter ? Mr. Whitman. — We desire to call him and have him compelled to answer. Mr. RooHE. — We can take up time with other witnesses and hold this matter. Chairman Roesch. — It may be the intelligence of the remarks of the chairman of the committee may reach Mr. Roberts, and he may be here even before the adjournment to night; Mr. Roberts may put in an appearance. If he labors under the mistaken impression that 227 he was not obliged to come again unless subpoenaed over again and learns it is the opinion of the committee he is ofeliged to come again without that subpcena, it may be he will voluntarily put in an appear- ance. If he does not the committee should feel obliged to report his action to the senate, and would furthermore, in the final consideration of the evidence in the case, give due weight to the neglect of a witness who refuses to answer questions to appear again and state whether he continued in such refusal, after consultation with counsel, or not. EoDNET Van Woemeb, being duly sworn, testified as follows: By Mr. WmTMAN: Q. Where do you live ? A. Argyle. Q. What is your profession? A. County clerk of Washington county. Q. Have been for how long? A. Three years. Q. As such you have custody of the election returns which were filed with you in 1891, in November ? A. Yes, sir. Q. Have you them with you ? A. I have. Q. Will you kindly refer to Cambridge, district No. 2;. what are your politics? A. lam a Eepublican, straight; I have it. Q. Will you turn to the return for senator ? A. I have it. Q. Does the return state the votes given to John H. Derby and Michael F. Collins? A. It does. Q. State what the return shows that Mr. Derby received in that district ? A. One hundred and thirty-four. Q. Isn't it 154? A. One hundred and thirty-four. Q. Are there sample ballots attached to the return? A. Yes, sir. Q. Does the sample ballot bear upon it the indorsement in the handwriting of the inspectors of the number of ballots cast for-Mr. Derby like that attached ? A. I don't know as I understand. Q. How many does it show by the samplej ballot; how many does it declare were cast ? A. The whole number of ballots cast, correspond- ing to the one here attached, was 115. Q. You say the other is 134; Cambridge No. 2 is a Eepublican district ? A. The town is Eepublican; I can't say about the district, Q. The majority of the inspectors are Eepublicans ? A. I can't say that. Q. Eead the names ? A. A. M. Sherman, Timothy Higgins, Walter Galbrath. Q. Do y°^ know them ? A. I do not. Q. Turn to the town of Dresden ? A. I have it. Q. Are the ballots pinned on that* sample ballots? 228 Chairman Eoesoh. — Are you using the term sample ballots with reference to any point that you desire to make ? Mr. Whitman. — No. The law requires they attach to the return a ballot, and that they make a statement with that ballot how many of that kind were cast; I only use it in that term. Chairman Eoesch. — Suppose you call it a ballot ? Mr. Whitman. — ^Very well. The Witness. — I have it. Q. Are the ballots simply pinned to that? A. Yes, sir; the ballots attached are pinned. Q. In a bunch ? A. Some of them are. Q. Turn to Fort Edward, district.No. 5 ? A. I have it. Q. Go to the return and see what the statement is of the vote which Mr. Derby received there ? A. One hundred and eighteen. Q. Is there a ballot attached with Mr. Derby's name on it? A. Tes, sir. Q. What does that ballot say ? Mr. WELLiNaTON. — I object to it as immaterial. Q. What i? the written statement on it which states the number of votes of that kind cast for Mr. Derby ? Mr. WELLiNaTON. — The Court of Appeals have held in the Noyes case, decided in 1891, that the form or statement in the certificate con- trols; the statement written across the sample ballot could be dis- regarded. That was decided in the Court of Appeals, Judge Earl dissenting; otherwise it was unanimous. , Mr. Whitman. — We offer it as a circumstance going to show the way these inspectors did this business. Mr. Gbhtiths. — That is on the question of canvass the written part prevails over any other portion of the return, the Noyes case holds, and we offer this as one of the circumstances that go to make our case; that in truth and in fact, there were only 115 votes cast in one instance when the inspectors have returned 155. I don't know what it is in this case, but that is the point, to show the whole number of votes cast were only so many, but they returned a greater number. This committee is not bound at all by the returns, nor is this com- mittee canvassing the votes upon the returns. It has power, where fraud is shown, or fraud is alleged, they have power to go beyond. Mr. Whitman. — We will show this is but a mere picayune; that in other towns the statement in the return and on the written ballot is upwards of a hundred; and the law requires this statement to be made ; requires the statement of the number of ballots. 229 Chairman Eoesoh. — Couldn't they offer this entire return in evi- dence ? Mr. Whitman. — I am only using this as an easy means of getting at it. Mr. Wellington. — My purpose isn't a technical one. If the ques- tion as to the validity of a return, because a ballot is not attached for example, or because a less number is indicated on the ballot than is given in the body of the certificate, is to be regarded by the com- mittee as of any weight at all in the face of this decision of the Court of Appeals, I want to know it, because when we come to put in our case there will be plenty of such evidence on the other side, and it would be a waste of time to go into it, if the committee should decide the decision of the Court of Appeals was controlling, and in the absence of any proof of fraud tjiat circumstance would amount to nothing. Chairman Eoesoh — I should not think that that circumstance, standing alone by itself, would be to the committee sufficient indical- tion of erroneous return, or erroneous count. Mr. Wellington. — That was the only purpose I had in raising ihe objection. Mr. EooHB. — The decision in the Noyes case wasn't as broad as my friend states it; in that case the board of canvassers, who are inerely ministerial officers, undertook to disregard the statement in the body of the return, and to count and canvass the votes from the state- ments that were partly written upon the sample ballot, and upon the return, and the Court of Appeals held that a mere canvassing board, as mere ministerial officers, they had no right to do such a thing, but the Legislature, which is the sole and exclusive judge of the returns, election and qualification of its members, has a right to consider all those things, and isn't bound by the returns. They may be attached in anyway. The decision in the Noyes case went to a different board. Chairman Eoesoh. — The committee will allow the testimony to go in, taking it for what it is worth by itself. A. One hundred and something. ♦ Q. Isn't it 110 1 A. It looks a little like that; I should take it for that; I think it is meant for 110. Chairman Eoesoh. — One hundred and ten is written? A. One hundred and ten in figures is put in the upper right hand corner. Turn to Granville, No. 1, what is the statement of the vote there for Mr. Derby for Senator? A. Eighty-two. Q. Turn to the ballot on which the name of J. H. Derby appears, and tell the committee what the statement is there ? A. Seventy-three. 230 Q. Granville is a Eepublican town ? A. I think we call it Repub- lican; it has went the other way. Q. Have you any doubts about it ? A. It has elected Democratic supervisors. Q. Isn't it a fact there isn't a Democratic town in the county of Washington except Whitehall ? A. We call it a Eepublican town. Q. Go to Greenwich, No. 1, what does the return state as the vote of Mr. Derby ? A. One hundred and eighty-two. Q. Turn to the ballot on which his name appears and state what that is ? A. One hundred and fifty-one. Q. Turn to Greenwich, No. 2 ? A. One hundred and forty-seven. Q. What is the statement on the ballot as to the number cast ? A. One hundred and forty-five. . Q. Turn to Greenwich, No. 4 ? A. One hundred and seventy-one. Q. Look at the ballot ? A. One hundred and forty. Q. Hebron, No. 1 ; what is the statement in the return ? A. One hundred and fifty-seven. Q. The statement on the ballot of the number cast for Derby ? A. Sixty-three. Q. A difference of ninety-four; Kingsbury, No. 2 ? A. One hundred and twenty-eight. Q. On the ballot? A. Sixty-seven. Q. A difference of sixty-one in favor of Mr. Derby; district No. 3, Kingsbury? A. One hundred and twenty-three. Q. The ballot? A. Fifty-nine. Q. A difference of sixty- four in favor of Mr. Derby; No. i Kings- bury ? [No answer.] By Mr. Eoche: Q. Will you look at the return for second district of Greenwich; what the statement in the body of the return is as to the number of votes cast for Mr. Collins ? A. Michael F. Collins, sixty-two^ Q. What does the ballot call for ? A. Sixty-five. By Mr. Whitman: Q. No. 4 Kingsbury ? A. One hundred and ninety-nine for Derby. Q. The ballot ? A. One hundred and eleven, I call it. Q. A difference of eighty-eight in favor of Mr. Derby; No. 5? A. One hundred and seventy-four. Q. Ballot ? A. One hundred and fifty-two. Q. A difference of twenty-two; Jackson? A. One hundred and seventy-eight. 231 Q. Ballot for. Derby? A. One hundred and fifty-nine. Q. Putnam? A. Eighty-nine. Q. The baUot ? A. I think it is meant for seventy-nine. Q. Salem, 1 ? A. One hundred and fifty-six. Q. The ballot? A. Ninety-nine. Q. Salem, 2 ? A. One hundred and thirty-two, Q. The ballot for Derby ? A. One hundred and eighteen. Q. White Creek, No. 1 ? A. Two hundred and seventy-three. Q. The ballot for Mr. Derby? A. Two hundred and fifty-five. Q. No. 2 ? A. One hundred and twenty-one. Q. The ballot for Mr, Derby ? A. One hundred and seven. Q. How many towns are there in Washington county ? A. Seventeen. Q. 'And in the discrepancy there is 573 votes? A. I haven't kept account. Q. Turn to the first district of Hartford; look at the ballot on that and show the ballot to the committee ? Chairman Roesch. — That is such a sample as you sent out ? A. Yes, sir; I sent twelve of those to each district. Q. ^hat is the statement on that ? A. The whole number of bal- lots cast corresponding with the one hereto annexed was 1,01. Q. How many votes did Mr. Derby get in that district? A. One .hundred and two. Q. How many did Mr. Collins get ? A. Seventeen. Q. Turn to district No. 2, Port Edward ? A. The whole number of votes given for the office of senator was 191, of which John Derby received ninety-three. Q. Is there a ballot attached to that ? A. Yes, sir. Q. What does the ballot say the candidate for senator was? A. John H. Derby. Q. Turn to district 3, Fort Edward, and read the statement in the return as to the votes cast for senator ? A. The whole number of votes cast for senator was 102, of which Nathaniel Powers received five, Michael Collins received twenty-five, John Derby, seventy-two. Q. Turn to the ballot ? A. There is none attached. Q. Fourth district, Fort Edward; refer to the return and read it ? A. The whqle number of votes given for the ofljce of senator was 273, of which John H. Derby received 153. Q. How about Collins ? A. Michael Collins, 115. Q. Turn to the ballot and state how the name of the candidate for senator is stated on the printed ballot attached ? A. Michael F. Col- lins on one of them, John H. Derby on the other; for Michael F. Col- lins, 117; J., H. Derby, 152. 232 Q. Have you the returns^from the different distriots of Whitehall ? A. I think I have got everything here of that kind. cQ. How many election districts are there in the town of Whitehall? A. Five. Q. Are there ballots attached to those ? A. Some of them; I find ballots attached to No. 1. Q. Look at No. 2 ? A. I find them on No. 2. Q. No. 3 ? A. Yes; on No. 3. Q. No. 4? A. Yes, sir. Q. No. 5 ? A. Yes, sir. Q. Are those returns in the same condition, so far as you know, as they were when they were made records in your office ? A. I don't know of any alterations. Mr. Whitman. — These different returns are now offered in evidence: Cambridge, No. 2; Dresden, Fort Edward, No. 5; Granville, No. 1; Greenwich, Nos. 1, 2 and 4; Hebron, No. 1; Kingsbury, Nos. 2, 3, 4 and 5; Jackson, Putnam and Salem, Nos. 1 and 2; White Creek, Nos. 1 and 2, and all of the returns from Whitehall. Chairman Eobsch. — They are admitted. By Mr. Wellington: Q. Please turn to Cambridge No. 2, in the certificate, Michael E. Collins is stated to have received 112 votes ? A. Yes, sir. Q. Turn to the ballot that Michael F. Collins' name is on ? A. The whole number of ballots cast corresponding with the one hereto attached was eighty-five. Q. A difference of twenty-seven in favor of Mr. Collins; are there any ballots attached to those returns showing the ballots that contain pasters'? A. NOj sir. Q. So that the split tickets were not returned ? A. No, sir. Q. Who were the inspectors ? A. A. M. Sherman, Timothy Hig- gins, Walter Gilbreath. Q. There are no ballots returned that contain individual pasters, are there? A. No, sir. Q. There are no ballots returned which contain Ijhe paster ballots pasted upon the official ballot ? A. No, sir. Q. Does the certificate itself contain this sentence, "cut or split ballots need not be attached?" A. Yes, sir. Q. Turn to Dresden, what does the return show as the number of votes cast for Michael F. Collins ? A. Forty-six. Q. Turn to the ballot attached containing the naine of Michael F. Collins for senator? A. Thirty-eight. 233 Q. Are any paster ballots returned in that return ? A. No, sir. Q. Are any ballots returned that contain individual pasters ? A. No, sir. Q. Does that certificate contain this language, " cut or split ballots need not be attached?" A. Yes, sir. Q. Who are the inspectors? A. Joseph Bartholbmew, Andrew S. Allen, Charles Mellon. Q. Turn to Fort Edward, No. 5? A. One hundred and fifteen. Q. The certificate states Michael F. Collins received 116 votes? A. Yes, sir. Q. Turn to the ballot containing Michael F. Collins' , name ? A. One hundred and seventeen. Q. Does the certificate state that Michael F. Collins received any ballots at all 1 A. No, sir. Q. What is the name ? A. Michal CoUen, 115. Q. Give the names of the inspectors 1 A. E. F. King, F. W.- Har- ris, Thomas S. Lindsay. » Q. Do you know the last board of inspectors ? A. I thinji I know Harris and King. Q. Do you know the composition of the board ? A. I do not. Q. Do you know two of them are Democrats and one of them Eepublican ? A. Not of my own personal knowledge. Q, Do you know about their own reputation ? A. I have heard, that they were,»but I don't know. Q. Granville No. 1; does the return state that Michael F. Collins received ninety-six votes ? A. Tes, sir. Q. Turn to the ballot containing the name of Michael F. Collins; what is written on that ballot ? A. The whole number of ballots cast corresponding with the one hereto attached, was twenty-four. Q. Were there any paster ballots returned or split tickets ? A. No, sir. Q. Does the certificate contain the language " cut or split ballots need not be attached ? " A. Tes, sir. Q. Wlio ^J"® *^® inspectors ? A. D. A. Lockwood, James Walsh, B. F. Otterson. Q. Turn to Greenwich No. 1; does the return state that Michael F. Collins received ninety-eight votes ? A. Yes, sir- Q. Turn to the ticket containing the name of Michael F. Collins ? A. Whole number of ballots corresponding to the one hereto attached was eighty-nine. Q. Who are the inspectors ? A. H. L. Morey, Joseph J. Henderson, M. A. Herren. 30 234 Q. Were there any paster ballots returned ? A. No, sir. Q. Any split ballots returned ? A. No, sir. Q. Does the certificate contain this language, " cut or split ballots need not be attached ? " A. Yes, sir. Q. Turn to Greenwich No. 2; do the returns show that Michael F. Collins received sixty-two votes ? A. Yes, sir. Q. Turn to the ballot attached containing the name of Michael P. Collins ? A. Yes, sir; whole number of ballots cast corresponding with the one hereto attached was sixty-five. Q. "Were there any paster ballots returned ? A. No, sir. Q. Or split tickets ? A. No, sir. Q. Does the certificate contain this language, " cut or split ballots need not be returned ; " was that language on the form ? A. Yes, sir. Q. And the ballot pasted over it ? A. Yes, sir. Q. Who are the inspectors ? A. Jesse H. Hyatt, C. J. Hay, J. Somers McClelland. ' Q. Turn to Greenwich No. 4 ? A. I have it. Q. Do the returns show that Michael F. Collins received seventy- eight votes ? A. Yes, sir. Q. Turn to the ballot attached containing the name of Michael F. Collins ? A. I have it. Q. What is written across it ? A. The whole number of ballots cast corresponding with thd one hereto attached is seventy-five. Q. Were there any paster ballots returned ? A. No, sir. Q. Or split tickets? A. No, sir. Q. Does the certificate contain this language, " cut or split tickets need not be attached ? " A. Yes, sir. Q. Who are inspectors? A. Joseph Este, A. F. Bristol, Elmore A. Crandall. Q. Hebron No. 1, does the return show Michael F. Collins received forty-six votes ? A. It does. Q. Turn to the ballot containing his name, what is written on it ? A. Thirty-two. . Q. Were any of the paster ballots or cut tickets returned? A. No, sir. Q. Does the certificate contain this language, "cut or split ballots need not be attached ? " A. Yes, sir. Q. Who are "the inspectors? A. Philip McEahron, Edward Bev- erage, George B. Rogers. Q. Kingsbury No. 2? A. M. F. Collins sixty-seven; the ballots show he received fifty-nine. 235 Q. What are the names of the inspectors ? A. Mitchell Potvin, H. H. Dibble, C. H. Cronkhite, 2d. Q. "Were there any paster ballots or cut tickets returned ? A. No, sir. ■ Q. Does that certificate contain the language that cut or split bal- lots need not be returned ? A. Yes, siri Q. Have you in your hand the official returns from election district No. 1 from the town of Kingsbury ? A. Yes, sir. Q. Read the official statement of the votes cast for Michael F. Collins ? A. Michael Collins sixty-two. Q. Any middle letter ? A. No, sir. Q. Turn to Kingsbury No. 3; what is the certificate as to the vote of Michael F. Collins ? A. Sixty-nine. Q. Turn to the ballot containing his name and state what is written across the face of it ? A. The whole number of votes cast corres- ponding with the one hereto attached were sixty-three. Q. Were there any paster ballots or split tickets returned? A. No, sir. Q. Does the certificates contain the same language as in the other cases? A. Yes, sir. Q. Give the names of the inspectors ? A. Hiram Hyde, E. M. CoruU, P. F. Langworthy. Q. District No. 4, of Kingsbury, does the return show that Michael F. Collins received thirty-seven votes ? A. Yes, sir. Q. Turn to the ballot attached and state what is written across the face of it ? A. Thirty-one, like this. Q. Were there any paster ballots or split tickets returned? A. No, sir. Q. Does the statement contain this language, " cut or split ballots need not be attached ? " A. Yes, sir. Q. Who were the inspectors ? A. George V. Devine, Charles L. Allen, William J. Dempsey. Q. Kingsbury,- No. 5, do the returns show Michael F. Collins received forty-eight votes ? A. Yes, sir. Q. Turn to the ballot attached containing his name, and state what is written across the face of it ? A. The whole number of ballots cast corresponding with the one hereto attached was sixty-four. Q. Were there any paster ballots or split tickets returned ? A. No, sir. Q. Does the certificate contain this language, " cut or split ballots need not be attached ? " A. Yes, sir, Q. Who are the inspectors ? A. H. A. White, E. D. Baker, C. H. Cronkhite. 236 Q. Jackson; does the official return state Michael F. Collins received seventy-two votes? A. Tes, sir. Q. Turn to the ballot and state what is written across the face ? A. The whole number of ballots cast corresponding with the one hereto attached was fifty-four. Q. Were . there any paster ballots or split tickets returned ? A. No, sir. Q. Does the certificate contain the same language as in the other cases? A. Tes,. sir. Q. Who are the ^'inspectors ? A. John McGeoch, W. B. Watkins, Thomas A. Coulter. Q. Putnam, do the official returns show Michael F. Collins received twenty-three votes ? A. Yes, sir. Q. Turn to the ballot attached containing his name, and state what is written across the face ? A. The whole number of ballots corres- ponding like this one cast was thirty-nine. Q. Were there any paster ballots or split tickets returned? A. No, sir. Q. Does the certificate contain the same language as in the other cases ? A. Yes, sir. Q. Cut or split ballots need not be attached ? A. Yes, sir. Q. Who are the inspectors ? A. Henry L. Roberts, Henry Belden, Charles E. Craig. Q. Salem, No. 1, .do the official returns show Michael F. Collins received ninety-one votes ? A. Yes, sir. Q. Turn to the ballot attached containing his name, and state what is written across the face ? A. Whole number of ballots cast corres- ponding to the one hereto attached, sixty. Q. Any paster ballots or split tickets returned ? A. ■ No, sir. Q. Did the returns contain the same language as heretofore, "cut or split ballots need not be returned ? " A. Yes, sir. Q. Who are the inspectors ? A. D. H. Safford, James H. Houghton, James S. Murdock. Q. Turn to Salem, No. 2, do the official returns show Michael F. Collins received sixty-six votes ? A. Yes, sir. Q. Turn to the ballot attached containing his name and see what is written across its face ? A. The whole number of ballots cast corres- ponding with the one hereto attached was fifty. Q. Were there any paster ballots or split tickets returned? A. No, sir. ; Q. Does the certificate contain this language, " out or split ballots need not be attached ? " A. Yes, sir. 237 Q. Who were the inspectors ? A. D. A, Hunt, Gleorge M. Foster, John F. Day. Q. White Greek, No. 1, do the official returns show Michael F. Col- lins received 114 ? A. Yes, sir. Q. Turn to the ballot attached containing his name and state what, is written across the face of it ? A. Whole number of ballots cast cor- responding with the one hereto annexed was 105. Q. Were there any paster ballots or split tickets returned? A. No, sir. Q. Does the certificate contain this language, " cut or split ballots need not be attached ? " A. Tes, sir. Q. Who were the inspectors ? A. Ira J. Seeley, Lot Woodworth, David E. Arnold. Q. I put in your hands the official returns from election district No. 3, of the town of Salem; please state what the certificate recites as to the whole number of votes given for the office of senator? A. Whole number of votes given for the office of senator was 261, of which John H. Derby received 143, Michael Collins 113, Nathaniel B. Powers five. Q. Any middle letter in Michael Collins' name ? A. No, sir. Q. I put in your hands official returns from election district No. 2, of the town of Easton; please read the certificate of the votes given for senator? A. The whole number of votes given for the office of senator was 278; John H. Derby received 180; Michael F. Collins received eighty-six; Nathaniel B. Powers, twelve. Q. Turn to White Creek, No. 2, do the official returns show Michael F. Collins received 118 votes? A. Yes, sir. Q. Turn to the ballot attached containing his name and state what is written across the face of it ? A. The whole number of ballots cast corresponding with the one hereto attached was 102. Q. Were there any paster ballots or split tickets returned ? A. No. Q. Does the certificate contain the same language as in the other cases ? A. Yes, sir. Q. Who were the inspectors? A. J. W. Wortley, Stephen B. Lake, Stephen B. Sweet. Q. Turn to Fort Edward, No. 2, and read the certificate in full as to the vote given for senator ? A. The whole number of votes given for the office of senator was 191, of which John Derby received ninety- three, Michael Collins eighty-nine. Q. There was no middle letter in Michael CoUiift' name ? A. No, sir. Q. Are there ballots attached ? A. Yes, sir. 238 Q. Turn to the ballot containing the name of Michael F. Collins and state what is written across the face thereof ? A. Eighty-seven on the straight ticket. Q. Are there some ballots returned that have pasters on the back ? A. There is one. Q. Were there any paster ballots returned? A. No, sir. Q. Any split tickets returned ? A. No, sir. Q. Does the certificate contain this language, " cut or split ballots need not be attached?" A. Yes, sir. Q. Who were the inspectors? A. Charles M. Woodin, Henry Q. King, Samuel Lustig. Q. Port Edward, No. 3, read the certificate ? A. Whole number of votes given for the ofBce of senator was 102, of which Nathaniel Powers received five, Michael Cowlans twenty-five, John Derby seventy-two. Q. Turn to the ballot attached? A. There were none attached. Q. Who were the inspectors? A. Edward Shrondon, William Calkins, Nathaniel Carswell. Q. Turn to Fort Edward, ^o. 4, and read the certificate ? A. The whole number of vetes given for the office of senator was 273, of which John H. Derby received 153, Michael CoUen 115. Q. Any middle letter ? A. No, sir. Q. Turn to the ballot attached containing the name of Michael F. Collins ? A. One hundred and seventeen. Q. Hartford, first district, and read the certificate in the body of the return as to the vote cast for senator ? A. The whole number of votes cast for the office of senator was 120, of which John H. Derby received 102, Michael F. Collins seventeen, Nathaniel B. Powers one. Q. Look at the ballot attached that contains the name of Michael F. Collins; was it a split ballot? A. Yes, sir. Q. Colored paper? A. Yes, sir. Q. Is it one of the sample ballots sent out ? A. Yes. Q. How many did you send out to each district ? A. Twelve. Q. No more ? A. No more. Q. Who were the inspectors ? A. Frank Hogle, Charles A. Gilchrist, R. S. HoUey. « By Mr. Griffiths: 'Q. Who prepared the forms upon which those returns are made ? A. I can only tell you from whom I purchased them, Weed, Parsons &Co. 239 Q. Is that a printing establishment in the city of Albany? A. Tes, sir. Q. You cauaed them to be distribiited among the several towns in your county, did you ? A. Tes, sir. Q. And to the several election districts ? A. To the town clerks. Q. You delivered them to the town clerks, at the same time you delivered the ballots, or before ? A. I think before. Q. That portion that you read there, " cut or split ballots need not be attached," was printed on there by Weed, Pardons & Co., of Albany ? A. They were on there when I sent them out. Q. That printing was on there ? A. Yes, sir. By Mr. Wellington : Q. Where did you get that form from; that language directing them they need not return the split or cut ballots ? A. I simply ordered the blanks from Weed, Parsons & Co. and they furnished them to me. By Mr. Griffiths : Q. You acted as secretary to the board of canvassers in your county ? A. Yes, sir. Q. You have read from the several returns that votes were cast for Mr. Darby, were those votes cast for John H. Derby by the board of canvassers in making the estimate ? A. To the best of my judgment they were. Q. That is your recollection ? A. Yes, sir. By Mr. Wellington: Q. Likewise the votes cast for Michael Collins and the other names that have been read, that were spelled incorrectly were all counted for Michael F.Collins? A. Yes, sir. Q. I show you a return from election district No. 4, town of White- hall, does that return show that Michael F. Collins received 116 votes ? A. Yes, sir. Q. Turn to the ballot attached containing his name and state what was written across its face ? A. The whole number of ballots cast corresponding with the one hereto attached was 102. By Chairman Eoesch: Q. Where did you live? A. Argyle. Q. How many miles from herej A. About sixty. 240 EiCHABD A. Chapin, being duly sworn, testified as follows: Bj Mr. Whitman: Q. Where do you live ? A. Whitehall. Q. How many miles from here ? A. Seventy-nine, I believe. Q. Do you hold an official position in that town ? A. Yes; town clerk. Q. How long have you been? A. Nearly three years. Q. Were you such last November ? A. I was. Q. As such have you filed in your office the returns of election? A. I have. Q. How many districts are in the town of Whitehall ? A. Five. Q. Have you the returns with you ? A. I have them here. Q. Loot at No. 1, at the ballot attached ? A. There are none. Mr. Wellington. — I move to strike out the answer as immaterial. Chairman Koesoh. — I will allow it. Q. Look at No. 2; are there ballots attached? A. There are none. Q. Look at No. 3; are there any ballots ? A. I find none. Q. Any evidence of any ever having been there ? A. None to my knowledge. Q. Were there any? A. None to my knowledge. Q. Look at No. 4; are there any ballots? A. Yes, sir. Q. A Eepublican ballot ? A. Yes, sir. Q. A Democratic ballot ? A. Yes, sir. Q. Any other ballot ? A. Yes, sir. Q. What is it? A. I rth ink it is the Prohibition, for it is headed by Joseph W. Bruce. Q. Another? A. Yes, sir; here is one headed by Daniel DeLeon. Q. Look at No. 5 and see if there are any ballots attached to that ? A. Yes, sir. Q. What are they ? A. Republican ballot, Democratic ballot and the one headed by Joseph W. Byuce. Mr. Whitman. — Those returns are now offered in evidence. ' By Mr. Wellington: Q. Who brought those returns to your office? A. As near as I can remember the inspectors of the several districts. Q. Were the boards of inspectors of the several districts Democratic ? A. I believe they were. Q. Are those the returns that were brought to your office ? A. Yes, sir. Q. The identical ones ? A. The identical returns. 241 By Mr. Whitman: Q. Those are in the same condition in which you receiyed them ? A. Tea, sir; so far as the written material. Q. I mean the ballots ? A, Yes, sir. By Mr. Wellington: Q. The printed material; any change? A. No; they may be soiled a little. Chairman Eoesch. — They are admitted. EtJFus E. Davis, being duly sworn, testified as follows: By Mr. Whitman: Q. Where do you live? A. Whitehall. Q. About how far from here ? A. Seventy-nine miles by rail, I think. Q. Tou are by profession what? A. A lawyer. Q. Do you hold any office in that town ? A. I do. Q. What? A. Supervisor. Q. How long have you been such ? A. Since March, 1889. Q. As such were the original returns of election filed with you in 1891? A. They were. Q. Do you have them with you ? A. I have. Q. Produce them and turn to district No. 1 ? A. I have it. Q. Are there any ballots attached to it? A. There are not any attached. . Q. Turn to No. 2 ? A. There are ballots attached. Q. State wjiat they are? A. Eepublican, Democratic and one headed by Joseph W. Bruce. Q. Turn to district No. 3 and see whether there are any ballots ? A. There are none attached. Q. Turn to No. 4 ? A. There are ballots attached. Q. State what they are? A. Eepublican, Democratic and one headed by Joseph W. Bruce; that is all. Q. Turn to No. 5? A. There are three ballots attached to No. 5; Democratic, Eepublican and one headed by Bruce. Q. These were filed with you as the original returns in the town of Whitehall? A. They were. Q. And left with you as the supervisor of that town ? A. They were. Q. Was the canvass made from them ? A. No, sir. 31 242 Q. You didn't take them with you? A. I did have them there; they were not used. Q. Are they in the same condition, so far as the ballots are con- cerned, as they were when they were left with you ? A. They are so far as my knowledge goes. By Mr, Wellington: Q. From whom did you receive the returns ? A. From the different inspectors of election. Q. The boards of inspectors of the various districts were Democratic? A. They were last year. Q. You did not file these returns anywhere ? A. No, sir. Q. They have been in your possession ever since ? A. Yes, sir. Q. Have you compared them with the other returns ? A. I made a partial comparison at the county clerk's office on the day the official canvass was made. Q. Do you know how the returns you have in your hands now corresponded with the ones now on file ? A. I think, generally they corresponded; I compared not the ballots, but the certificate or state- ment of the number of votes cast. Q. You were present at the canvass ? A. I was. Q. Did you compare the vote as announced for each candidate, with the returns in your possession at that time ? A. I did not. Q. Did you, on Sunday ? A. No. Q. Have you since compared the vote, as stated in the returns in your possession with the vote for senator in the returns on file ? A. I have not. Q. Were you not one of the board appointed to inspect the returns and make the certificate ? A. I was not. Q. Did you look over their work at all ? A. I did not. Q. You are a Democratic supervisor ? A. Yes, sir. By Mr. Whitman: Q. Henry G. Burleigh is a prominent Republican worker at the polls ? A. Yes, sir. Q. Did he take an active interest last fall ? A. Yes, sir. Q. Was there a bitter strife over senator ? A. Yes, sir. Q. George Neddo, another Republican ? A. I saw him at work soliciting votes that day. Q. He was a Republican 1 A. Yes, sir. Q. And a party worker ? A. Party worker. Mr. Whitman. — Returns offered in evidence. We have proof to show that marked ballots were used in the town of Whitehall, and 243 we desire these different returns from the town of Whitehall placed in custody where they can not ,be tampered with until we get that evidence. The three, the original, those in the town clerk's office, and those of the county clerk. John M. Hulett, being duly sworn, testified as follows: By Mr. Whitman : Q. Where do you live? A. Granville. Q. How far away from here ? A. About seventy-six miles. Q. Do you hold an official position ? A. I do. Q. What is it ? A. Supervisor of the town. Q. How long have you been such ? A. I was elected in March, 1889. Q. Been such ever since ? A. Yes, sir. Q. What are your pojities ? A. I am a Bepublican. Q. Were you the paymaster of the Bepublican party for your dis- trict last fall ? A. No, sir. Q. Did you handle any money ? A. No, sir. Q. Did you use any ? A. No, sir. Q. Who was ? A. I have no knowledge. Q. No knowledge of the fact as to wlio was ? A. No, sir. Q. Did you handle any money in behalf of any Bepublican candi- date? A. No, sir; I did not. Q. Do you know of any one who did? A. I have no positive knowledge of any one. Q. Did you hear of any one who did ? A. I don't recollect that I did. Q. What do you mean by not having "positive knowledge?" A. I didn't see any one pay out any money. Q. Did you hear of it ? A. I have no recollection of hearing of it. Q. What do you mean by not having any recollection of it ? A. I mean I have no recollection. By Chairman Boesoh: Q. Do you mean you do not now recall the name of any one who paid out money? A. Yes, sir. Q. Do you mean to say that you do know that some did pay out raoney ? A. I don't know that any pne paid out any ihohey. By Mr. Whitman: Q. You can't now recall the name of any man that ybu heard as iiavtng paid out money ? A. No, sir; 244 Q. None whatever? A. No, sir. Q. Are you positive that you didn't ?> A. I am. Q. What district do you live in ? A. District No. 3.. Q. What Eepublican vote did that give for Derby ? A. It gave a majority of about fifty-five. By Chairman Boesoh: Q. What is your business ? A. I am a farmer. Q. What did you do on election day ? A. I went to the polls and voted. Q. Worked around the polls on election day? A. I did. Q. For the Eepublican candidates ? A. Yes, sir. Q. At what time in the morning did the polls open ? A. I couldn't tell you. Q. At about what time did they close ? A. That I couldn't tell you. Q. Tou were around the polls all of election day? A. No; I was not. Q. The greater part of the day ? A. I got there about 10 o'clock and left about half-past 3. Q. The polls closed soon after you left? A. I couldn't tell you what time they closed. , Q. Did you peddle Republican pasters ? A. I did. , Q. Endeavored to gat as many as you could to vote the Republican ticket? A. Yes, sir. Q. How many did you speak to inside of the polling place ? A. In regard to voting ? Q. Yes ? A. I don't recollect that I spoke to anyone. Q. To how many did you hand ballots inside of the polling place ? A. No one. Q. Was there any candidate for whom you specially did work on election day? A. No, sir. Q. You did it for all the candidates of the Republican party ? A. I_did. Q. Were you engaged by anyone in particular ? A. No, sir. Q. Were you engaged by Mr. Burleigh ? A. No, feir. Q. You were paid for your services ? A. No, sir. Q. You were not paid at all ? A. No, sir. Q. Were you paid for your loss of time from your work? A. No, sir. Q. You haven't been paid since election day ? A. No, sir. Q. Did you do it without expecting any pay ? A. I did. Q. Pure love of the party ? A. Yes, sir. 245 Feank Bbeoher, being duly sworn, testified as follows: By Mr. Whitman: Q. Where do you live ? A. In Granville^ Q. What district? A. South Granville district; the numbei: I couldn't tell you. Q. The same as Mr. Hulett ? A. Tes, sir. Q. How long have you lived there ? A. About forty years. Q. Were you one of the Republican paymasters at last fall election ? A. No, sir. Q. Did you use any money in behalf of the Republican party last fall? A. I did. Q. How much? A. I couldn't tell you; I would like to modify that a little; I will tell what I did. Q. Certainly ? A. From the hands of the committee in Granville I received a small sum of money to pay for a team or two to bring the voters. Q. Used none to buy votes ? A. None that I know of. Q. Sure you didn't ? A. Yes, sir. Q. Do you know of anyone who did ? A. I dop't Q. No money used in your district ? A. They ain't in the habit of getting much there. Q. Where do they use it? A. I don't know. Q. You had none ? A. No, sir. Q. And knew of none being used ? A. I heard the boys say the Democrats had a little there. Q. That ain't a Democratic town? A. They have some votes there. Q. How many ? A. I couldn't say. Q. Not enough to count them ? A. They didn't elect the super- visor this year. Q. You didn't hear of the Republicans having any? A. I don't know that I did; this few dollars that I told you of is all. Q. You used that fltrictly to hire teams? A. Yes; probably sixteen dollars. Q. How many teams did you hire? A. About three or four. Q. Who did you hire them of? A. Two teams from West FoUet; liveryman owns one of them and a farmer this aide another. Q. What were teams worth up there a day? A. Five or six dollars; that included the driver. Q. You paid sixteen dollars for two teams? A. I said somewhere around there. 246 Q. Are you careless about the use of your money? A. I hired three or four teams; I probably could think just how much if I had time. By Chairman Boesch: Q. Ever hire any for the judge ? A. I have helped him over the hard places a little. By Mr. Whitman: Q. Who were the men you hired to drive team ? A. I couldn't tell you. Q. What were they, livery stable keepers? A. One of them. Q. Who was he ? A. It is Powell or Nelson, connected with the Powell House. Q. That is in Vermont ? A. Powell lives this side of the line. Q. Didn't you hire them to bring voters over from Vermont ? A. No, sir; nothing said about it. By Mr. Wellington: Q. Did you bring any over from Vermont ? A. No, sir. Q. Did you hire anyone to bring any illegal voters in the State ? A. No, sir. Q. From Vermont or any other place? A. No, sir. By Chairman Boesoh: Q. You didn't give them any instructions where they were to get the voters from ? A. The voters up in our district live in the election district where he is to vote ; that is the way we interpret it. By Mr. Whitman: Q. Didn't you get a man from the other side ? A. We didn't this year. William McCotteb, being duly sworn, testified as follows: By Mr. Whitman: Q. Where do you reside ? A. Granville ; about seventy-five miles. Q. What district? A. No. 6. Q. Is that the same district Mr. Beecher is in ? A. No, sir. Q. Where is your district ? A. Slabors. Q. Truthville? A. No, sir. Q. What district is that in ? A. There isn't any district there. Q. Did you attend the election last fall ? A. Yes, sir. Q, What are your politics ? A. Bepublioan. 247 Q. Are you a Bepublicau worker in that district? A. No, sir. Q. Were you last fall ? A. No, sir. Q. Did you work last fall? A, No, sir. Q. How long were you at the polls ? A. I was off and on three times, I think. Q. How long a time does that cover ? A. I went down . in the morning and voted; went back and done my chores at noon. Q. Did you handle any money that day ? A. No, sir. Q. None whatever ? A. No, sir. Q. Know of any being used ? A. No, sir. Q. Hear of any being ? A. No, sir. Q. Was there any used that you kn6w of? A. Not as I know of. Q. You voted in the sixth ? A. Yes, sir. Q. You don't know or didn't hear of any money being used ? No, sir. Q. You used none yourself ? A. No, sir. Q. Did you have any money in your pocket that day ? A. I had a little change of my own, a couple of shillings perhaps, I couldn't say to that. Q. Where did you get what you had? • A. I couldn't tell where I did get it. Q. Get any of it of the Republican town committee ? A. No, sir. Q. None whatever ? A. None whatever. Q. Did you get paid for voting ? A. No, sir. Q. Wasn't offered anything ? A. No, sir. Q. Never expect to get anything? A. Never expect to get a cent for voting. By Chairman Koesoh : Q. Expect to get paid for your work 1 A. No, sir. Q. Did you get paid ? A. No, sir. James O'Brien, being duly sworn, testified as follows : By Mr. Whitman : Q. Where do you live ? A. Sandy Hill. Q. How far away from here ? A. I should think about sixty miles; fifty-nine or sixty. Q. That is in the town of Kingsbury, Washington county? A. YeS, sir. (J. What are your politics ? A. Republican. Q. Have been for how long ? A. Last five or six years. Q. You were such at the last election ? A. I was. 248 Q. You supported John H. Derby for senator ? A. I did. Q. Were you one of the Eepublican paymasters ? A. No, sir. Q. Did you pay money ? A. I did not. Q. Not a cent ? A. Not a cent. Q. Were there any tokens used ? A. Not that I know of. Q. Did you see any ? A. I did not. Q. Do you know Mr. MuUin ? A. I do. Q. Do you know about Mr. MuUin paying money ? A. I do not. Q. Do you know Eugene Benway ? A. I do. Q. Do you recollect of you and MuUin going and giving him money ? A. No, sir; I didn't go there. Q. You say you didn't give any man any money ? A. I do say so. Q. Did you have any that day? A. Yes, sir; I had. Q. How much ? A. Probably fifty or seventy-five cents. Q. Where did you get it ? A. Kenyon & Baldwin's office. Q. Who gave it to you ? A. Mr. Clunan. Q. Was it money due to you ? A. I think it must have been or I couldn't have got it; money I had earned. Q. Is that all you had ? A. That was all I had; about all I had that day. Q. How near, about ? A. I think when I drew that I had probably two shillings in my pocket. Q. Is that all you had then ? A. That was all. Q. How much did you get that day ? A. I got seventy-five dollars. Q. How much had you when you had that in your pocket? A. Seventy-five dollars. Q. Any more? A. No, sir; that was my money. Q. What time in the morning did you get it ? A. I think between 9 and 10. Q. Where did you get it? A. Kenyon & Baldwin's office. Q. Who paid it to you ? A. Clunan. Q. Paid in currency or check? A. Bills, currency. Q. Don't you know they pay by check ? A. I never received any that way. Q. You have worked for them before ? A. Yes, sir. Q. What did they owe you for ? A. Eunning logs. Q. They paid you election day; what did you do with the money? A. Kept it in my pocket and bet it when I got a good chance to make a bet and win. Q. Did you lay any bets down ? A. Once in a while I did. Q. How many did you make that day ? Mr. WixLiNQTON.— I object to it as immaterial. 249 A. I couldn't tell exactly; I made a number that night. Q. Didn't make any through the day? A. I dob't think I did. By Chairman Roesch: ^ Q. Did you bet any man he wouldn't vote th^ Republican ticket? A. I did not. Q. Or wouldn't vote at all ? A. Didn't make any such bet. Q. Did you bet any man he would vote the Democratic ticket? A. No, sir. Q. What did you bet on? A. Mostly on majority. Q. For whom? A. Bet both ways; I bet on Mr. Derby and on Mr. Collins, and won on them both. Q. How did you bet on Derby ? A. I bet he would have about so many majority; I bet he would have from five to 700. Q. How much did you bet Collins would have ? A. Some bet he would have 500 majority. Q. Where ? A. That is in Rensselaer and Washington, over Derby. Q. How did you happen to win both ways on that ? A. I bet he wouldn't; that makes it come both ways. Q. Didn't you know of money being used that day in Sandy Hill for election purposes on behalf of the Republican party ? A. I do not. Q. And didn't hear of it ? A. Didn't hear of it. Q. You used none of it? A. I used none. Q. Suppose I would bring a gentleman here who would swear you paid him two dollars to vote for Mr. Derby, what would you say ? A. I think I should tell him he was a liar. By Mr. Wellington: Q. This gentleman from whom you got this money was a Democrat ? A. The firm I worked for ? [Question repeated.] A. I think he is; pretty sure he is. Q. Mr. Clunan is a Democrat ? A. Tes, sir. By Mr. Whitman: Q. Rode in the procession with Mr. Fassett when he was there ? A. He rode with the trustees; our village fathers. Q. He didn't ride in the procession ? A. He rode in the carriage with the four trustees. Q. At the Republican parade ? A. Tes, sir; I think he did. . Q. Didn't you see him in the carriage ? A. No, sir; I heard he did; I wouldn't say I saw the man in it. 32 250 Q. Don't jou know he was an open supporter of Mr. Derby ? A. No, sir; I don't think he supported him; that firm down there are most all Democrats. Q. Isn't Mr. Baldwin a prominent Republican ? A. No, sir; he voted for Mr. Cleveland, didn't he; he told me did. Patrick Cullity, being sworn, testified as follows : By Mr. Whitman: Q. Where do you live ? A. Sandy Hill. Q. Are you a voter ? A. Yes, sir. Q. Were you at the election of November last year ? A, Yes, sir. Q. Do you know of money being used by the Republican party in the interest of John H. Derby ? A. I don't know as I do. Q. Did you hear of it? A. I heard some talk about it; yes. Q. Did you know of employes being threatened with discharge if they didn't vote for him, who were Democrats? A. No, sir. Q. Did you hear money offered to men on, election day ? A. No, sir. Q. And didn't know of its being used ? A. No; I didn't know sure; I heaid them speaking about it. Q. That men were bought to vote for Mr. Derby 1 A. That was the talk around there. By Mr. Wellington: Q. What are your politics? A. Democratic. Rodney Van Wobmeb, recalled: By Mr. Whitman: Q. Have you the returns of the naturalization in Washington county last fall? A. I have some of them. Q. How many people were naturalized ? A. I think I counted them up in your presence; sixty-eight. Q. What town were they from; wasn't that from the town of Gran- ville alone ? A. I think it was sixty-eight- By Mr. Gteiitiths: Q. Where was the county clerk's office situated in the county of Washington? A. Six miles from Fort Edward; a place called Argyle. Q. Did you attend a session of the county court held at Granville ? A. No, sir. Q. What do you know concerning the naturalization at Granville ? A. All I know is what the naturalization papers state; they purport to be at the special term held at Granville by Judge Lillie. Q. You administered the oath on the judge's slip ? A. He admin- istered the oath himself. 251 Q. Does the judge in your oountj administer the oath of allegiance ? A. Yes, sir; sometimes I do that by his direction if it is open court. Q. What evidence have you that oath has been taken ? A. Nothing but the judge's signature. Q. This court was conducted without a clerk? A. I wasn't present. Q. Without any of your deputies present ? A. No, sir. Q. The county judge of your county designates the number of terms that shall be held during the year? A. Yes, sir. Q. That order is filed with you as county clerk ? A. Yes, sir. Q. And published in some newspaper 1 A. Yes, sir. Q. Once a week for four weeks ? A. Yes, sir. Q. Was there any designation of a term of the county court to be held during the year 1891 at Granville ? A. I think not. Q. Do you know whether any of the terms of the court were adjourned to meet at Granville ? A. I don't know, as I do not attend any of the special terms. Q. They are law terms, are they not, terms at which all trials excepting trials by jury are had? A. Yes; hearing cases of law and arguments on appeal. Q. You know of no term of the county court that was adjourned to meet at Granville? A. I don't know; I wasn't present. By Mr. Wellington: Q. You do not mean to say there wasn't? A. No; I didn't attend the special terms at Whitehall and I don't know whether any were adjourned to Granville or not. Edwabd J. King, being duly sworn, testified as follows : By Chairman Boesch: Q. Where do you live ? A. Fort Edward. Q. How far from here ? A. I should judge about fifty-nine or sixty miles. Q. Were you subpoenaed in this matter ? A. I was. Q. What is your position ? A. I am a carriage manufacturer. Q. You were the inspector where? A. District No. 4, of Fort Edward, chairman of it. Edwabd Shanahan, being duly sworn, testified as follows: By Chairman Eoesoh: Q. Where do you live ? A. Moseskill, town of Fort Edward. Q. How far away from here ? A. I think about sixty-nine or seventy miles. 252 Q. Have you been subpoenaed in this matter ? A. Yes, sir. Q. What position did you hold at the last election? A. Inspector of election, No. 3. Q. What side. Democratic or Republican? A. Democrat. F. W. Habris, being duly sworn, testified as follows: By Chairman Eoesoh: Q. What is your name ? A. F. W. Harris. Q. Where do you live ? A. Fort Edward. Q. How far from here ? A. Fifty-nine or sixty miles. Q. Have you been subpoenaed in this matter ? A. I have. Q. Did you hold any position at the last election ? A. Inspector of election, district No. 4 Charles M. Woodin, being duly sworn, testified as follows: By Chairman Boesoh: Q. Where do you live ? A. Fort Edward. Q. How far from here 1 A. Fifty-nine miles. Q. Were you subpoenaed in this matter ? A. I was. Q. Did you have any position at the last election ? A. Inspector in district No. 2. Thomas S. Lindsay, being duly sworn, testified as follows: By Chairman Boesoh: Q. Where do you live 1 A. Fort Edward. Q. How far from here? A. Fifty nine or sixty miles. Q. Did you hold any position at the last election? A. Inspector of election district No. 4. Q. Democrat or Republican ? A. Republican. Q. Were you subpoenaed in this matter ? A. I was. Henky G. King, being duly sworn, testified as fqjlows: By Chairman Roesch: Q. Where do you live ? A. Fort Edward. Q. How far from here ? A. Sixty miles. Q. Were you subpoenaed in this matter ? A. I was. Q. Have you been in attendance on this committee? A. I have. Q. To-night? A. Yes, sir. Q. Were you an inspector at the last election ? A. I was. Q, In what district ? A. No. 2. Q. What town? A. Fort Edward. 253 Nathaniel Cakswkll, being duly sworn, testified as follows: By Chairman Boesoh: Q. Where do you live ? A. Fort Miller. Q. How far from here ? A. Sixty-five miles. Q. What position did you hold at the last election? A. Inspector of election, No. 3, town of Fort Edward. Q. You have been subpoenaed in this matter ? A. Yes, sir. Q. Been in attendance on the committee ? A. Yes, sir. William Calkins, being duly sworn, testified as follows: By Chairman Eoesoh: Q. Where do you live ? A. Fort Miller. Q. How far from here ? A. About sixty-five miles. Q. You have been subpoenaed in this matter ? A. Yes, sir. Q. Been in attendance on the committee? A. Yes, sir. Q. Held any official position at the last election?, A. Yes; inspector of the town of Fort Edward. Elmore Ingalsbee, being duly sworn, testified as follows : By Chairman Eoesoh: Q. Where do you live ? A. Hartfort. Q. How far from here? A. Seventy miles; I was here a week ago. Q. You haven't been here ever since ? A. No, sir. Q. Have you been in attendance on the committee to-night? A. Yes, sir. Q. Were you an inspector of election at the last election ? A. No," sir. Q. Were you subpoenaed in this case? A. Yes, sir. Edmund L. Cabb, being duly sworn, testified as follows : By Chairman Eoesoh: Q. Where do you live? A. First district, Easton. Q. How far from here ? A. Thirty-three or thirty-four miles. Q. Been subpoenaed in this matter ? A. Yes, sir. Q. Been in attendance on the committee ? A. Yes, sir. Q. Were you an inspector at the last election ? A. No; I was county. Q. Democrat ? A. Yes, sir; I was here to the other hearing. Feed G. Batty, being duly sworn, testified as follows: ' By Chairman Eoesoh: Q. Where do you live ? A. Easton. Q. How far from here ? A. About thirty-five miles. 254 Q. Have you been subpoenaed in this case? A. Tes, sir. Q. Been in attendance on the committee? A. Yes, sir. Q. What were you at the last election? A. Ballot clerk in the first election district of the town of Easton. C. C. Allen, being duly sworn, testified as follows : By Chairman Boesoh: Q. Where do you live ? A. First district, town of Easton. Q. How far from here? A. Thirty-five miles. Q. Been subpoenaed in this case ? A. Tes, sir. Q. Been in attendance on the committee ? A. Tes, sir. Q. What were you at the last election? A. Poll clerk, first district, town of Easton. The committee then adjourned to meet Monday morning, February 15, 1892, 10 A. M. Albany, Monday, Fdrruary 15, 1892, 10 a. m. The committee met pursuant to adjournment. , Present — Chairman Eoesch. Chakles H. Babbee, being duly sworn, testified as follows: By Mr. Whitman: Q. Where do you reside ? A. Greenwich. Q. Are you an elector there ? A. Tes, sir. Q. Have been for how many years ? A. Twenty years. Q. What is your occupation ? A. Civil engineer. Q. Where are you employed? A. State engineer's office. Q. How long have you been there ? A. More than eight years. Q. With what party do you affiliate ? A. Democratic party. Q. Have, all your life, since you have been a voter ? A. Tes, sir. Q. Did you vote the Democratic ticket last fall ? A. I did. Q. What district did you vote? A. First election district of Greenwich. Q. As a Democrat, were you deeply interested in the election last fall? A. I was. Q. Did you take an active part ? A. I did. Q. Both in the preliminary canvass and on election day ? A. Tes, sir. Q. Did you have any particular part assigned to you to see to in your town ? A. I did. 255 Q. What part did you look after ? A. To see that every Democrat in the town of Greenwich and Easton was properly registered; that was my duty before the last day of registration, and from that time until the votes were counted, it was my duty to see that they votfed. Q: Did you have a list of all the Democrats in those towns ? A. I did not, of the whole town ; I had a list for the second district of Easton; the first and fourth districts of Greenwich. Q. After the last day of registration, did the committee assign you to look after any particular thing, including election day? A. Yes, sir; I had charge of the poll workers; hired teams; my duty was to see that 'the vote was gotten out. < Q. In seeing to the matter of registration, what is the fact as to whether you experienced any trouble in getting Democrats to register? A. I did. Q. Explain what it was ? A. A good many Democrats who were in the employ of Republicans, thought it just as well not to vote. Mr. Wellington. — I object to that as incompetent, as to what they thought, as hearsay. Chairman ErOESoH. — The objection is sustained. You may testify to what they told you. Q. What did they tell you ? A. They told me that they thought, it was wisest not to register, as they were working for Eepublicans. Q. You may state what industries there ai;e, if any, in the town of Greenwich? A. There is the Pleasant Valley Knitting Company, Eddy & Co., manufacturers of agricultural implements. Q. Who are the proprietors of the knitting company ? A. J. V. Palmer & Co. Q. Do you know their politics ? A. Yes, sir. Q. Do they employ a large number of persons 1 A. Not a large number. Q. What are the politics of Eddy & Co. ? A. Eepublicans. Q. They employ a number of men ? A. Yes, sir. Q. Name another industry ? A. Dunbar, McMaster & *Co., manu- facturer of linen thread; one of the largest industries in the United States. Q. Do you know where they came from ? A. Yes, sir; they came from Guilford, Ireland, about ten years ago. Q. To take advantage of our revenue law? A. Yes; came over on account of the tariff. Q. A large number of their employes were brought with them ? A. Nearly all., 256 Q. At the time ? A. They brought over about 150 to 200 at the time; later on they have had consignments of anywhere from twenty- five to fifty. Q. Do you know as to the politics of them; as to whether they were ever naturalized ? A. Sir John never was naturalized; four or -five years ago there was a bill passed in the senate to give him power to hold real estate in this country, but he has since died, and his brother is a foreigner and never has been naturalized, and Mr. ^Wallace, the general superintendent, is not a citizen; Mr. Henderson and one of the head foremen have become citizens. Q. What is the fact, as to whether for a time they took any part in politics after they came here ? A. They took no part the first year or two; after that they have taken quite an active part. Q. What do you know on that subject, of anything occurring there that induced them to take part in politics on behalf of the Repub- lican party ? A. I can't say as to that. Q. Do you know of their having a consignment of laborers ? A. Yes, sir; they had a consignment of pauper labor which came over here, and they were stopped at quarantine in New York, and many of them were sent back. Q. What is the fact as to whether since that time they have taken an active part in behalf of the Republican party ? A. They have very; under the old ballot reform law it was their custom to march their men up to the polls, fifty or sixty in a body, and vote them; but since the new ballot reform law has been in force occasionally one of them votes the Democratic ticket, but very rarely. Q. You were speaking about the firm of Dunbar, McMasters & Co. ; how many employes did they have last fall ? A. There must have been at least fifty voters that were employed by this firm. Q. Can you name any other establishment there ? A. Yes, sir; Diondawa mill. Q. How many employes ? A. They must have twenty or twenty- five voters; then there is Watson M. Sprague's mill. Q. Been a Republican supervisor ? A. Yes, sir; at Center Falls; a mile and a half from Greenwich; in the town of Greenwich they have Langdon & Co., paper mill; they have twenty-five or thirty voters. Q. Do you know of there being a large number of men naturalized immediately before election ? A. Yes, sir. Q. Was the naturalization court held in Greenwich ? A. It was. Q. There are no courts appointed to be held in Greenwich, in the county of Washington ? A. No, sir. Q. No county judge lived there ? A. No, sir. 257 Q. And no other judicial officer? , A. No, sir; there was nine people that was naturalized thatf had only been in the United States less than seventeen months; we discovered it and kept th^m from voting; they had their naturalization papers out, and were all prepared to vote. Q. What do you know about the opening of the Easton polls ? A. It was after half -past 9 in the morning when they were opened; I was, there at that time and they were not opened then. Q. Do you know why they were not opened sooner? A. The ballot boxes were not there; neither were the booths; that is the reason they gave. Q. Did you hear of Democratic laboring men losing their vote that day by reason of the polls not being open ? Mr. Wellington'. — I object to that as being incompetent and hear- say. Q. What do you know of your own knowledge ? A. That was the rumor there. Mr. Wellington. — I object to that and move to strike it out. Chairman Eoesch. — Motion granted. Q. Have you any knowledge upon the subject of men voting the Republican ticket who were not registered ? A. I have. Q. State what it is ? A. It happened in the second district of Easton, a gentleman , by the name of St. Mary came to the polls and voted, and about ten minutes after he voted they came up and told me about it; said they were voting men over there that were not registered; I went over and sent word up to the Democratic inspector that I wanted to see him; he sent word he couldn't come down; I sent word for the ballot' clerk; he came down, and I says, " What are you doing, letting men vote that are not registered?" he said he didn't know anything about it; I said, " Tou go up and say there was a man voted here named St. Mary that was not registered;" they said they would rectify it at night; at night they found the poll exceeded the number by one, and they drew out a ballot and it was a Repub- lican bd,llot they drew out instead of a Democratic; this St. Mary voted the Republican ticket. Q. There has been some evidence given here about the Green family voting ? A. There is a little place a mile and a half from Greenwich called Woodchuck city, and there are several families there; a majority of the people are Democrats; the night before election I went up and made arrangement with Mrs. Green, she is the boss of the town, to hire her team and have her fetch her family down; there is a family of them; there is David, David Sr., and David Jr., and David first and David second, Cornwall, Rodney and 33 258 Winter Green, and I >vent up and made arrangements with her to bring the Davids down; her relatives, sons-in-law and sons; they came the next day, went to the polls, tried to vote; the Bepublicans said if they voted they would make it hot for them; have them in jail before night; the old gentleman voted but the boys refused to vote, ^and got in their wagon and started to go off home; my attention was Called to it and I went and stopped them and said, " Tou are not going to get frightened out and not vote;" they said they didn't want to get in jail; I said, " Who is going to put you in jail ?" they named several Bepublicans; I sdys, " You come up; you want to vote; I will see that you vote;" so I went up and took them in the room, and they went.in and voted; their votes were challenged, but they swore their votes in. Q. What do you know on the subject of their being qualified voters? A. They were qualified voters; I have known the family for twenty years; they had as good a right to vote as any man in the town. Q. What do you know upon the subject of Bepublicans working about the polls ? A. At the first election, district the polls" were held in the opera house; they were working inside of the opera house and never pretended to work off the stoop of the opera house; that is within fifty feet of the polls; as fast as voters went in they would step up to them, and hand them a paster, and call them in the lobby and whisper to them a few minutes; Jim Lavake was the most active one at that district. Q. The county treasurer ? A. Yes, su*; Dr. Stillman, the Bepubli- can postmaster was very active. I Q. What about accompanying men in the booths, on the claim they were physically disabled ? A. Any person they thought could neither read or write, Mr. Wellington. — I object to that. Q. State the facts; what was said on the subject? A. About every person that I saw go in was a man that I was positive could neither read or write; was illiterate. Q. Otherwise physically sound, so far as eyesight? A. Yes, sir. Q. And capacity to use their hands. A. Yes, sir. Q. You said you were about the polls; did you have any trouble with any Bepublicans on that subject, about your remaining around the polls; try to keep you away? A. One of our men was keeping a tickler inside, and I would send in about every hour and get the slip of names of the parties that hadn't voted, and I would send the teams after them; I went to him and beckoned to him to come out about 259 , 1 o'clock in the afternoon, and he motioned me to come inside the railing; I shook my head and said "no," and he motioned to me to come in; he said, "Why don't you come in?" I says, "I have no right to come in here;" he says, "You have as good a right as Jim Lavake and Dr. Stillman;" he gave me a list of names; I went out and came back in a, few minutes, 'and Henry Morey, the Eepublican inspector, came up and says, "We want you to stay out of here; the other Republican inspectors enter a protest against it; " I told him I had been called in; he said, "I wish you wouldn't do it any more," and I told him I wouldn't and didn't. Q. Since this contest has commenced, is it a fact that witnesses were called and sworn from the town of Greenwich on the first day? A. Yes, sir. Q. Since it has been commenced, have you subpoenaed and caused subpoenas to be served upon other witnesses in the town? A. Yes, sir. Q. Have they refused to come ? A. They have. Q. Was one Heron sworn here ? A. He was. Q. What is his full name? A. Michael and Matthew Heron; both of them. ' Q. Do you know of anything that has been done to him because he came here and testified ? A. I understand that Michael Heron, that the grand jury has indicted him. Mr. Wellington. — I object to what he understands. Mr. Whitman. — It is a fact; your associate. Judge Arnold, knows it. Chairman Boesch. — It may be known in the community what he wishes to testify to. / Q. Is it a fact generally understood there that he has been indicted since that ? A. Yes, sir. Q. Indicted for what ? A. For selling liquor; within a few days of that; on Sunday. By Chairman Roesoh: Q. He ought to be if he sold it, ought he not ? A. Certainly he had; whether it is done yet out of spite remains to be seen. Q. Do you know that he claims that he has evidence to show that threats were made that he would be indicted if he came here to testify ? Mr. Wellington. — I object to that as hearsay. Chairman KoESOH. — Objection sustained; he will come here and testify to that. By Mr. Whitman: Q. Immediately after these witnesses came here and testified, was it generally talked among the leading Republicans there that they 260 would punish the parties who did it, and punish the Democratic party for doing it ? A. Yes, sir. Mr. Wellington. — I object to that and move to strike it out. Q. Was James Lavake, the Bepublican treasurer, here the day they testified? A. He was. Q. Is it a fact that he went home" and threatened that the Eepub- licans would cause the town to go no license, to punish the men who came here and testified? A. He did. Q. And punish the party ? A. He did. Q. How long has Greenwich been a strong excise town; electing excise commissioners, who were in favor of license ? A. For fifteen years, to my knowledge. Q. How did it go this spring ? A. For no license. Q. By what majority ? A. Forty-nine. By Chairman Eoesoh: Q. Has there been a revival in the neighborhood lately ? A. Not that I am aware. By Mr. Whitman: Q. Tou have testified you subpoenaed witnesses who have refused to come? A. I have. Q. Though they personally requested you on account of employ- ment not to compel them to come and testify to things they knew ? A. They have. Q. Because of threats made against them? A. They have, and on account of losing their employment if they came: Mr. Whitman. — I believe that is all. By Mr. Wellington: Q. Do you call it punishment administered to the Democratic party that the town voted no license ? A. I do; yes, sir. Q. Do you know how many persons were taken ipto the booths to be assisted on election day, in the district in Greenwich, to which you have testified? A. More than fifteen the first district; perhaps twenty. Q. Was that the district you were present at ? A. I was there the majority of the time; I had charge of the three districts. Q. You say there were more than fifteen ? A. More than twenty. Q. Did you keep track of them ? A. I kept track of some of them; boys would come out and tell me, " they are taking a fellow in;" I would run in and look in. Q. Did you keep account of those ? A. I kept account in my head. 261 Q. Do you mean to say you counted up more than twenty ? A. I do; yes, sir. ' Q. Have you heard the testimony of the other witnesses in this case? A. No, sir; I have not. Q. If you should find out their testimony didn't correspond with that ? A. It wouldn't make any difference to me. Q. Tou would say they were mistaken ? A. I should say they were mistaken, because I have my documents here that tell me. Q. That would tell you how many were taken in ? A. Would come pretty close to it. i Q. Give the names ? A. I can't give the names. Q. Refer to your memorandum and give the instances ? A. George Schuyler went in; swore he was blind; Jim Lavake went in with him. Q. What time of day ? A. It was in the morning; three from Bel- fast went in and swore they couldn't see. Q. Tou don't know their names ? A. No; we call them either Belfast or Dublin. Q. Who went in with them? A. Jim Lavake and Doc. Stillman; Lavake went in with' one and Stillman went in with two. . Q. What next ? A. Here is a coon by the name of Charlie Grant; Lavake went in with him; he was going to vote the Democratic ticket this spring up there; he said he could see, and wouldn't let anybody go in with him; last fall he couldn't see; E. Looker — Q. Who went in with him? A. I couldn't say; some Republican ; he was assisted; Murch. Q. Who went in with him ? A. I don't know; some Republican. Q. What is his first name ? A. Don't give his first name; Black. Q. Who went in with him? A. Can't tell; Republican; Rose, Fairbanks. Q. Who went in with Rose ? A. Can't tell. Q. Who went in with Fairbanks ? A. Republican. Q. Can you give their first names? A. No, sir; Williams. Q. Who went in with him? A. Don't state the name; just says Republican; disabled voter; Harringtbn. Q. Who went in with him ? A. I can't say; Republican. Q. Have you Harrington's first name ? A. No, sir;, Brewer. Q. Who went in with him ? A. Republican. Q. How do you know a Republican went in ? A. I know the Repub- licans up there as well as I know myself. Q. Did you make the memorandum at the time ? A. I didn't make them all; some of the boys did. Q. Have you got any more ? A. Not at that first district. 262 Q. You have given thirteen, and ypur are dependent upon memo- randa made by others than yourself ? A. They would come out when a voter would go in. Q. You are dependent upon memoranda made by others than yourself; is that so? A. Certainly; that is, to a great extent. Q. I mean as to these thirteen you have named ? A. Not all of them; there were over ten I saw go in myself; they would come out and let me know, and I would run in and take a look. Q. As to the two or three remaining, you only know that by hearsay ? A. By hearsay. Q. Then you are not willing to testify, are you, that you know that there were twenty ? A. Yes ; I am willing to testify because I know these men wouldn't come out and lie to me. Q. You have only given thirteen ? A. That is all that I have got down here; the others I can't think of. Q. Do you know of your own knowledge having seen men go into the booths; do you know that more than twelve went in ? A. Yes; that I saw over twenty go into the booth with Republicans on their arm. Q. And kept no record ? A. Kept no record. Q. You did keep a record ? A. When I wasn't busy I would go to work and make a check there. Q. You did keep a record? A. When I wasn't busy I kept a record. Q. You have produced that record here this morning? A. A portion of it. Q. That record is made up partly from what people told you ? A. Yes, sir. Q. That was not within your own knowledge? A. I know it is true. Q. You didn't see the instances ? A. I swear I saw over twenty men assisted in the booths. Q. You can't name any other instances than you have? A. I can name the instances but I can't name the men's names; a good many of these were old farmers from outside. Q. Did you not know that there were some men that went in the booths on election day that were assisted by Democrats? A. Oh, yes. Q. Have you given those ? A. No, sir. Q. How many were there of those? A. I haven't any idea; I suppose four or five; or five or six. Q. Weren't there as many as ten ? A. I wouldn't swear. 263 Q. You wouldn't swear there, was fifteen? A. I don't think there were as many as fifteen; I will swear there wasn't ten. Q. Will you swear there weren't five ? A. No; I wont swear there weren't five. Q. Were there any instances where men went into booths and were assisted, in which oases the men themselves did not swear they were physically disabled; is it not true in every instance, each man was sworn ? A. Jhe Republicans would tell them. Q. Was there a single instance where a man went into the booth without having been sworn ? A. Not to my knowledge. Q. In each instance they swore they were physically disabled? A. Yes, sir. Q. And after that men went in to assist them ? A. Yes, sir. Q. Do you know of a single instance, of your own knowledge, in which the men were not physically disabled? A. I do. Q. Give us one ? A. George Schuyler. Q. What is his age ? A. He is a man 40. Q. What is his business? A. He hasn't any business; day laborer. Q. Do you know that that man can see without his glasses ? A. He never wears glasses. Q. Have you ever seen him reading? A. Yes, sir. Q. Without glasses? A. Yes, sir; we have his handwriting; his affidavit. Q. So he committed perjury on that occasion ? A. He did. Q. Do you know of any other instances ? A. Charles Grant. Q. What is his age? A. A fellow 45 years old. Q. Have you got his affidavit? A. I can't say. Q. Do you know that man can read without glasses ? A. I don't think he can read or write; in fact, I am positive of it. Q. Do you know the form of oath that was administered to him ? • A. The general oath. Q. The one that is prescribed by the statute ? A. Yes, sir. By Chairman Roesoh: > Q. Did you say it was administered in every case ? A. As far as I know; yes, sir. By Mr. Wellington: Q. Do you knbw of any other instance ? A. Not that I can recall. Q. How many did you go into the booths with ? A. I should think about five. Q. Can you give me their names? A. I can not. 264 Q. Can't you give the name of one ?. A. I don't think I can; yes, I can give you the name of one; Durlan, a farmer. Q. How many paster ballots did you see given out during election day in that voting place? A. Twenty-five or thirty; that is, not in the room; it was in a little hall just as you are going in the main body of the opera house. Q. Did you see any given out in the room in which the votes were taken? A. No, sir; I wa'sn't in there very much of the ti]pe. Q. How much money did you have for use on election day and on the day previous ? A. Didn't have any only my own. Q. Did you not testify it was your business to see that carriages .were sent for voters? A. Yes, sir. 1 Q. Who paid for them ? A. I paid for them myself out of my own pocket. Q. When were you reimbursed ? A. I never have been reimbursed. Q. How much did you spend out of your own pocket ? A. About a hundred dollars. Q. Where did you get that money? A. It was my own money; I earned it. Q. Where ? A. Working for the State, part of it; part of it I sold poultry for; I breed fancy poultry. Q. Where did you get this hundred dollars in question that you had that day ? A. I had been saving it up for a long time. Q. I mean out of what particular place did you get that particular money ? A. Out of this pocket. Q. Where was it before it went into that pocket ? A. I got it from the Commercial Bank here, I think, in Albany. Q. By a check? A. I think so; I drew my salary a few days before election. . Q. How much was that ? A. A hundred dollars, or such a matter, I guess; I had over a hundred dollars with the expense account I had. Q. Who signed that check? A. The division engineer. Q. What is your salary ? A. A hundred dollars a month. Q. You say you got that check cashed before election ? A. Yes, sir. Q. What did you do with the money ? A. I spent it. Q. Spent it all before election day? A. No, sir; not all of it. Q. How much was there that came from your poultry raising that formed a part of this fund that you had in your pocket ? A. I should think sixty or seventy dollars. Q. That made $160? A. No; some of this was spent traveling around; I had to have a team myself going around to see the Demo- 265 cratic leaders; told them it was pretty important to get, out this year and vote. Q. What did they tell you in response to that ? A. Nearly every one said they would be on hand, and they were. Q. They told you it was important to . get out the vote ? A. Yes, sir. Q. That it was important you should spend your own money ? A. That wasn't anything; I always do that. Q. Is that your tax? A. No, sir; but I always spend two or three hundred dollars every fall. Q. Of your own money ? A. Of my own money. Q. Is that all the money that was contributed by the Democratic party ? A. As far as anything I know was. Q. You were the only one that spent any money 1 A. As far as I know, I was. Q. You had the entire charge of getting all the Democrats ? A. No; there were others with me. Q. Did you not say you had entire charge of getting all the Demo- crats in Greenwich registered? A. I didn't have the entire charge; I did that to see that there was no Democrat left oflf the list. Q. Who else had charge ? A. I suppose the inspectors of election. Q. Do you know of anyone who did anything but yourself ? A. No, sir; I do not. Q. You had the entire charge of seeing the voters in Easton were registered? A. Yes, sir; in the second election district. Q. And all that work was to be done by you at your own expense ? A. I oversee to see there was nobody let off; there were six or eight left off, but I took particular paihs to see they came there in person and were registered. Q. All that work was done at your expense ? A. Yes, sir. Q. Personally? A. Personally. Q. Did you spend any money on election day ? A. I suppose I spent fifteen or twenty dollars. Q. What for? A. We' got the returns election night; that cost twenty-five dollars. Q. How much did you pay ? A. I paid eight dollars toward it. Q. What waa the total amount of money you had in your pocket on election day? A. Not to exceed seventy-five dollars; notto'exceed sixty dollars election day; we don't have no money up there. Q. Did you pay any voters anything? A. No, sir. Q. For their time? A. No; I don't think I did; I know I didn't myself. 84 266 Q. Who did ? A. Can't tell you. Q. Some Democrat ? A. I suppose there were fellows there got pay for their time. Q. How many ? A. Three or four. Q. Weren't there more than that ? A. No, sir. Q. Tou have named over some concerns that had men in their employ; what was the first name 1 A. J. V. Palmer & Co. Q. Do you know the members of the firm'? A. I do. Q. How many men have they in their employ ? A. I should think fifteen or twenty voters. Q. What district do those voters register in 1 A. Part in Easton, part in Greenwich. Q. Were there any of those men that you discovered were adverse to registering ? A. Not in the mill, that I know of. Q. You knew as a fact that men could be registered last fall, with- out appearing in person before the board? A. I thought so; but they wouldn't let me register until I appeared there in person. Q. Don't you know that there were names registered of voters, without their appearing in i person? A. Yes, sir. Q. On the last day of registration it was necessary to appear in person; wasn't that when you registered? A. That is when I had to register; I sent word over to the inspectors to have me registered, and they refused to register me there, and I had to go there in person. Q. They had a right to refuse? A. No; I voted there last fall; I was on the old book. Q. What is the next concern ? A. Eddy & Co. Q. Who are the proprietors ? A. Walden Eddy, Oscar H. Eddy, Wally Eddy and Fred, the three sons and the old gentleman; they , all live in Greenwich, but their works are across the river. Q. How many men had they in their employ ? A. They must have t'^enty or twenty-five. Q. Where did those men register ? A. A. portion of them in Easton and a portion in Greenwich. Q. Do you know of any of those men that were adverse to register- ing? A. Not personally. Q. Do you know of any of those men that were not registered ? A. Not personally. Q. Take Dunbar, McMaster & Co.; how many voters have they? A. Fifty or sixty. Q. Where do those men register ? A. Nearly all in Greenwich. 267 Q. Do you know any of those men that were adverse to registering? A. No; they were all too anxious to register. Q. Tou know of none of those men that were adverse to registering ? A. No; they all got there and increased their list fifteen to eighteen ; they were so anxious to register that they registered when they had only been in the United States sixteen to seventeen months. Q. There was seven of those instances? A. There were more than that. Q. Did you notj on your direct examination, give the definite num- ber of men that attempted to vote? A. No; they tried to get registered. Q. Were they successful ? A. No, sir. / Q. Tou know of no man who registered there who was not qualified to register? A. Tes; two Emersons. Q. Aside from that? A. No; I don't know that I do. Q. The next is the Diondawa Paper Mill; Who are the proprietors? A. I think it it is George Daw, E. H. Gibson, and I think Sprague has an interest there; there are four mills down there which have been recently built. Q. Do you know how many men there are in that particular paper mill? A. No. Q. Do you know of alny employes in that paper mill that were adverse to registering ? A. Oh, no; they all got registered, every one. Q. W. M. Sprague Mill? A. The same way there; they couldn't get registered fast enough. Q. Langdon & Co. ? A. The same way there. Q. Tou know of no man there that was adverse to registering ? A. No, sir. Q. On your direct examination you testified that you experienced trouble in getting Democrats to register; they said they thought it wisest not to register; to whom did you refer? A. There are people there that I can't tell here; if I did they would lose their situation, in this list that I have. Q. Tou have, in this list that I have read to you, and to which you have testified, you have sworn that you knew of none that were adverse to registering ? A. I think not. Q. It must have been some Democrats ? A. I didn't swear to that. Q. Can you state any employe who was adverse to registering ? A. I can. Q. State it ? A. I don't like to state it, for I think these people will lose their situation. 268 Q. It is the only way we can contest your testimony; I ask thfe witness be instructed to answer. Chairman Eoesch. — I think he should answer. The Witness. — John Powers. Q. For whom does he work ? A. Dr. Whitcomb. Q. He was not one of those mill employes? A. No, sir; he is the physician for the Dunbar, McSIasters Company. Q. Did that man register ? A. He did not. Q. Did he vote ? A. No, sir; he did not. Q. What reason did that man give you ? A. Didn't give me any reason; I never spoke to him about it; t had other parties speak to him. Q. Who did speak to him ? A. Democrats. Q. How do you know ? A. They told me so. Q. That is all you know about it ? A. Yes. Mr. Wellington. — I move the testimony be stricken out, U^ the effect that an employe of this doctor was adverse to registering, on the ground this witness knows nothing of the fact. By Chairman Roesch: Q. Did the doctor tell you so ? A. No; the boy didn't register; I sent a man to him to have him come and register; he said he didn't dare come and register. Q. He didn't say that to you ? A. No, sir. Chairman Roesch. — Strike it out. By Mr. Wellington: Q. Can you give any other instances ? A. Not myself. Q. Can you give a single instance where a single man was afraid, or was adverse to registering, upon your knowledge ? A. Yes; William Chapin; he works in Easton, for Daniel Barber. Q. That isn't in this list? A. Yes, it is; in the second district of Easton, he has a right to vote. Q. What particular mill was it he worked for ? A. He didn't work for a mill. ' Q. This list you gave does not cover the cases? A. Yes, it does; he doesn't work for a mill; he works for Daniel Barber, a farmer. Q. Doesn't run any mill ? A. No, sir. Q. Where does Barber live ? A. Lives in Easton. Q. What is your name ? A. Barber. Q. Is this man a relation of your's ? A. He is my father. Q. He had an employe who was afraid to register ? A. Yes, sir. 269 Q. What are your father's politics? A. Democrat. Q. Afraid of being discharged if he registered? A. No; the boy, wanted a situation in a mill this winter; his time was out a few days after election; they told him — Q. Who told him ? A? The Republicans. Q. Who told you so ? A. Chapin told me so. Q. That he thought if. he registered after he left your father's employ he would fail to get employment ? A. Yes. Q. Did he register? A. He registered, but he didn't dare vote. Q. How did you know that? A. I know very well he didn't; he told me so. Q. That is all you have to base it on ? A. Isn't that enough ? Q. Do you think that is enough to charge a serious offense against your fellow-citizen on ? A. I do; yes. Q. How old is he ? A. Thirty-five. Q. A man of family ? A. No, sir. Q. Where does he work now ? A. I don't know. Q. Did he get employment in any mill? A. No; he did not. Q. Do you know of a single other instance in which any man was adverse to registering; that was afraid to register 1 A. Not to my per- sonal knowledge, but I know there were several of them. Q. That is from what people told you? A. I sent men to them. Q. Is there no other instance than these two that you have named that you know of, of your own knowledge, where men were afraid to register ? A. Yes, sir. Q. Give it to us ? A. I can't give their names, because you wfere going to strike it out here. Q. I mean where you talked with these men yourself ? A. No; I don't know that there is, because I didn't talk with them at all. By Chairman Roesch: Q. Did you have one man to go around and see these people? A. I had four or five different men. Q. Your charge that they were afraid to register is based upon what you were told by the four or five different men ? A. Yes . Q. Can't you have those four or five different men, that you sent, here ? A. I think it is very hard to get them here; it has been very hard to get witnesses to come down here and testify; they don't want to lose their situation. Chairman Roesch. — We will go up there of an evening, when they are not at work. , 270 Mr. Whitman. — It isn't the loss of time, but they claim they are afraid that they would be discharged from their employment. Chairman Eoesoh. — If that is the case, let us go up to the scene of action and interview these superintendents, and mill owners, and bosses, and let us see if that is so; both sides ought to help us on that. I am willing to go up there and hold a session near that mill. By Mr. Wellinston: Q. Can you give me the names of those men under you who went around to see that the Democrats registered? A. I can. Q. Who are they ? A. Edward Barber. Q. Where does he live ? A. Easton. Q. For whom does he work? A. For himself; he is a brother of mine. Q. He is not under the employ of any of those wicked mill owners? A. No, sir. Q. He could come here and testify? A. Yes; he has been here and testified. Q. Who was the next one of these men that went around? A. Patrick Moriarty. Q. Where does he live ? A. Bald Mountain. Q. For whom does he work? A. Himself; he has been here and testified. Q. Who is the next man ? A. John A. Munion. Q. Where does he live ? A. Greenwich. Q. For whom does he work? A. I don't think he is work- ing now. Q. He is not in the employ of any mill owner? A. Not now; he has been. Q. Has he since election? A. No, sir; he has been here and testified. Q. Who is the next one you sent around to get Democrats to register ? A. Michael Heron. Q. He has been here already ? A. Yes, but not on this; he has been a witness on the stand. By Chairman Eoesch: Q. Is he a Democrat ? A. Yes. By Mr. Wellington: Q. What is his business ? A. Hotel keeper. Q. Why can't this man testify to the facts ? A. I suppose he can. 271 By Mr. Whitman: Q. You spoke of a man named George Schuyler; do you know him? A. I do. Q. Do you know of his making an affidavit in this case ? ■ A. I have heard that he has made an affidavit. Q. Do you knov? Anything of the fact that he told immediately after election that he offered and received a suit of clothes for voting the Republican ticket? A. I know he has told that. ' Q. Save you tried to get him here ? A. I haven't. Q. Do you know a subpoena was issued for him ? A. Yes, sir. By Mr. Wellington : Q. Did you see the subpoena ? A. I did. By Mr. Whitman: Q. Do you know that it was served? A, I think it was. Q. You have no personal knowledge on that subject ? A. No, sir. Q. Do you know where he is now? A. I do not; I think he is in Greenwich. ' ' By Chairman Eoesch: Q. Did I understand you to say that some of these mill owners who you say intimidated their etnployes so as hot to have them register or vote are not citizens? A. Yes, sir; you take it' in Green- wich, and a person that votes the Democratic ticket, and is active in Democratic politics, he might just as well move out; there are three or four people up there that are in business that I have subpoenaed to come down here that have been to me and told me they didn't dare to come down here, as it would hurt their business;, other- men that I have subpoenaed, that knows as much about this election as I, told me if they came down and testified here that they couldn't get another day's work in the town in six months; that is the situation in Green- wich; another man that I will have brought here is Mr, Gardner, of the Electric Construction Company, that is a Democrat and didn't vote last fall, and I saw him last night and had a talk with him, and he tells me the reason he didn't vote because he thought it was just as well, if he was going to be in business in Greenwich, not to vote; that is the situation up there. Q. You say the mill owners that create that condition of affairs are not citizens? A. Some of them; every one is a citizen with the exception in this Dunbar, McMasters & Com- 272 pany; they moved over here from Guilford, Ireland, about ten years a,go; they have forty or fifty voters; Mr. Wallace, the head man in this country for the concern, I understand, is an alien; Henderson is a Eepublican inspector; he is one of the head bosses; and Bright, I understand, is also a citizen; the owners are all aliens. Q. Do the owners themselves, or do these men, such as the super- intendent whom you have just mentioned, prevent registration or voting? A. They don't prevent registration; they are only too anxious to have their men register and vote; they threatened two years ago, when the Mills bill was up, that if the Mills bill became a law they would move their whole plant back to Ireland, and the men understood it so. Q. These men who are aliens, who are not citizens, do they them- selves do anything toward intimidating registration or voting? A. No. Q. Or is it done by their men ? A. It is done by their men. Mr. Wellington. — The mill that is owned and controlled by the aliens, this witness has twice testified that in that mill there wasn't a single one that was intimidated. Mr. Whitman. — He says so yet. I By Mr. Wellington: Q. I have understood you to state to the chair that there were some men you subpoenaed in Greenwich, who were afraid to come? A. They were. Q. Who were those that were subpoenaed that were afraid to come ? A. I didn't subpoena all. Q. Did you subpoena any? A. Yes; some of these men are in business there; this will be howled up there to-night, and there is one man in particular' it will hurt him $200; I can tell the name it it is necessary here, two or .three of them. Q. I do not believe there is a man in Greenwich who would come here as a witness and tell the truth, that would be hurt to the extent of one cent ? A. There is men up there if they should come down they couldn't get another day's work in the town. Chairman Eoesch. — If that is the condition of affairs, the sooner the people of the State of New York know it the better. Q. I want the names of those men that you have subpoenaed who are afraid to come here and testify ? A. I have promised these men I wouldn't tell their names down here, but if the committee wants to know I can give their names. 278 Chairman Roeboh. — Tou can't make any promises that are going to bind this committee; this committee is of the opinion these men's names ought to be known. Q. Who are the men ? A. The first is Charles Bulson; I had a subpoena made out to him and went down to serve it; he says, " don't take me down there, I don't know anything about it; " I says, " yes you do; " he says, " I don't; if I go down there and testify I can't get any more work in this town." Q. For whom is he working? A. He ifen't working for anybody just now; he was working in the telegraph office and in the scale work. Q. Where did he work last fall? A. I couldn't tell you; he has been working in the telegraph office. Q. Western Union Telegraph office ? A. Yes. Q. How old is he ? A. Forty-five. Q. Is he working now ? A. I couldn't tell you now. Q. Where does he live ? A. In Greenwich, on John street. Q. Who is the next? A. Young Boyd; I think it is John Boyd; Middle Falls. Q. Did you subpoena him ? A. Np, sir. Q. Who did? A. Mr. Moriarty. Q. For whom does young Boyd work ? A. He works for some of the mills down there. Q. Do you know in what capacity ? A. No, sir; I think he is sort of a foreman there. Q. How long has he worked there ? A. A year. Q. Democrat or Republican ? A. He is a Democrat. Q. Did you speak to him ? A. No, sir; Mr. Moriarty spoke to him; said he didn't want to come down here ; he was liable to lose his place if he did; that is what Mr. Moriarty told me. Q. Who is the next ? A. Edward Gleason. Q. Where does he work ? A. He runs a marble shop there. Q. Where does he live ? A. Greenwich. Q. Well known there ? A. Well known. Q. Proprietor of the establishment ? A. Yes, sir; I got a subpoena and wanted to serve it on him; he says, " don't take me down there; " t says " Why ? " he says, " I don't want to mix up in the matter; I am here in business and you know it will hurt me; " I says, " I know that Ed. ; " he says, " I want to run this year for coUeietor on the Demo- fcratic ticket, and if I go doWn there and get mixed up in this matter it will ruin me here in business;" I says, "If that is the case don't eome down." 35 274 Q. Was he a worker on election day ? A. He was; lie kept the tally book in district No. 1; furthermore in the town of Greenwich for the last ten years it has been the custom to nominate a soldier for the office of town collector; this year the Grand Army post went to work and nominated Edward Gleason for the office of collector; a soldier this man is; at the Republican caucus they got up and says the Grand Army has gone to work and nominated this man, and it is our duty to go to work and indorse hii^, and Dr. Stillman, the Republican post- master, got up and made one of the bitterest speeches ever heard and said they had Republicans enough at home to vote in the caucus, and Mr. Gleason got twenty-four votes and his opponent got the balance, 129; he ran for collector on the Democratic ticket last Tuesday and came within thirty-five votes of being elected. Q. It is a Republican town ? A. Yes. By Chairman Roesoh: Q. That was a big vote to get in a Republican town? A. Yes, sir. By Mr. Wellington: Q. Give the name of another man you subpoenaed yourself? A. W. J. Convery. Q. Wasn't the opponent of this Gleason a soldier also ? A. Not to my knowledge. Q. Hasn't he that reputation ? A. He has not. Q. Did you subpoena Convery ? A. I did; he says, "I don't want to go down and testify; I am in business here.'' Q. What is his business ? A. One of the proprietors of the scales work. Q. He is not working for the mills ? A. No. Q. Is he a Democrat ? A. He is. Q. Did he tell you he didn't know anything about the case ? A. No; he didn't say he didn't know anything about the case; I says, •'there is the subpoena;" he says, "if I don't go down, wiU they send after me ?" I says, " no; I don't think they will;" he says, " you under- stand the situation here ?" I says, " I do." Q. You told him he needn't come ? A. I live up there and know about the feeling. Q. Who is next ? A. Aaron Bristol. Q. Where does he live ? A. Greenwich; a furniture dealer. Q. He doesn't work for any mill? A. No; he was a Democratic inspector of election, second district of Greenwich. Q. Did he say he was afraid to come? A. No; he said he didn't want to come; I asked him why; he says, "I am in business." 275 Q. Anybody else that you subpcenaed ? A. Yes; John H. Meeley. Q. Where does he live ? A. Greenwich. Q. What is his business ? A. Merchant. Q. He doesn't work for a mill ? A. No, sir; the mill men trade with him; he said he didn't want to come down. Q. He has been connected with a very prominent Democrat there; with your Democratic leader up therp ? A, I don't know that he has; he was the Democratic postmaster for four years. Q. What did he say;, did he say he was afraid to come ? A. He did. By Chairman Eoesoh: Q. He was a Cleveland postmaster ? A. Cleveland postmaster, but he is a red hot Hill man just the same. By Mr, Wellington: Q. What is his business ? A. A merchant. Q. He doesn't work for these mill owners ? A. No; their men trade with him. Q. Who is the next ? A. That is enough, I guess. Q. It isn't enough if you know any more; do you know of a single other instance ? A. I don't recall them just now. Q. Do you know of a single other instance of men that you sul?- poenaed that were afraid to come ? A. I have answered that question; I don't recall any other. By Chairman Eoesoh: A. Outside of those you have enumerated ? A. I don't recall any now at present. By Mr. Wellinoton: Q. Are there any others ? A. There may be. Q. Will you swear that there are any more ? A. No. Q. Tou haven't given the name of a single one that was in the employ pf a mill owner ? A. It wasn't necessary. Q. Have you V A. Yes. Q. Who? A. Boyd, Q. Have you given the name of any other that was in the employ of a mill owner ? A. No; I think not. Q. What did this Boyd do on election day ? A. He was a Demo- cratic worker. Q. What district ? A. It is the Middle Falls district; I can't say whether the third or fourth. Q. There have been witnesses from that district here ? A. Yes, siri Q. Where does he vote ? A. Middle Falls* 276 Q. Do you know where the polls were held? A. An old wagon shop across from the hotel. Q. There have been witnesses from these distriets here ? A. Yes; two; Moriarty and McMahon. Q. They were Democratic workers at these districts ? A. Yes, sir. Mr. Whitman. — The chairman of the committee will remember when Mr. Hull was on the stand he said he had not the correspondence between him and Mr. Burleigh, but that he had copies of it. I have the copies, and desire to offer it in evidence. Whitehall, October 31, 1891. Edgae Hull, Esq., Fort Edward, New York : Dear Sib. — Will you kindly telegraph me on receipt of this it we can use your name on a circular offering a reward for any violation of the election laws, and oblige. Yours truly. ' H. G. BUELEIGH. Port Edwabd, November 2, 1891. H. G. Burleigh: No law authorizing it, but if you will pay it then I am willing. EDGAR HULL. James M. Whitman, Jr., being duly sworn, testified as follows: By Mr. Whitman: Q. Did you, at my request, go to Hartford one day last week for the purpose of subpoenaing certain witnesses ? A. Yes, sir. Q. Had you any instructions to go to a certain party and get the names of the men whom it was claimed had used money for the Eepublicans on election day ? A. Yes, sir. Q. Did you serve, or caused to be served, a subpoena upon one Isaac Winchell, of the town of Hartford ? A. Yes, sir. Q. Do you know Edward Mullen ? A. I do. Q. Was a subpoena given to you to serve on him? A. Yes, sir. Q. Where was he employed at that time ? A. Eenyon & Baldwin. Q. Lumber and coal yard ? A. Yes, sir. Q. Who was the head man there? A. Mr. Cloonan. Q. How often did you go to find him at his place of employment ? A. Three times. Q. Did you also go to his house ? A. I did. 277 Q. What were you told at his house? A. That he wasn't there. Q. What were you told by Mr. Oloonan, at the time when you went where he was employed ? A. The first time I went there I was told he had just gone to his dinner, and I went over to his house and they said he wasn't there; the next time they said I was wasting time hunting around here for him. Q. Did you look around the yard where he was 'usually employed ? A. No, sir. Q. Did you find him? A. Not at that time. Q. Tou afterwards did serve a subpoena on him ? A. ¥es, sir. By Mr. Wellington: Q. He is a Democrat ? A. I couldn't say. Q. Hasn't he that reputation ? A. I couldn't say. Q. Who was this man you were trying to subpoena ? A. Edward Mullen. Q. He has been here ? A, I think he was here. Q. He has been here in attendance on the committee ? A. He was here one night. Q. He wasn't called ? A, I don't know about that. Mr. Whitman. — We have no more testimony now to offer, and so far as I know at present, I think that is our case. I was not able to see Judge Griffiths, and Mr. Roche was compelled to return to court. Perhaps it would be better to take a short adjournment until I have time to see these gentlemen and consult \vith them. Mr. Wellington — Before the contestant closes, I have a motion to make respecting the testimony of a witness by the name of Barnes. Mr. Whitman. — I wish you would reserve that until aU the counsel are here. , Mr. Wellington — I thought it would save a little time; I will state informally my motion. Mr. Barnes, at that time, testified to knowing some twenty-three, I think, men who didn't vote on election day, and the impression that he sought to give was that they were influenced some way not to vote, and he said he had that list and had the names, but the list wasn't with him. I asked him to appear the next hearing with the list. He said yes, and counsel said he would be here and we could cross-examine him further as to the list. He didn't come. Chairman Eoeboh. — He was here.' He wasn't put on the stand. Mr. Wellingi'on. — It escaped my recollection at the time; subse- quently I wrote to Mr. Roche, asking he be at the next hearing. Roche said he would be, but he hadn't come. I saw Mr. Barnes myself 278 this morning, and I asked him if he was going to keep his engage- ment and bring that list. He said he had given the list to somebody. I said, " Will you produce it ? " He said he would, if he was sub- poenaed. I don't want to leave it in such shape that I should be obliged to subpoena him. Mr. Whitman. — I am told Mr. Griffiths has that. Chairman Roebch. — The chair is of the opinion the witness ought to be here without being subpcsnaed by you. The witness ought to be at the next session of the committee, but if he should not be here, except you have him appear here by a subpoena, then the chair would not deem your rights prejudiced in anywise, and would not consider that he would be your witness. Mr. Wellington. — I can take a subpoena for him at this time ? Chairman Koesch.— Certainly. In reference to your case, I don't want to be unjust or prejudiced against either side; I want to give each side a fair chance to prepare their case; at the same time, I think we would all like to get through with the taking of the testipiony as soon as may be. The session of the Legislature, I don't think, will be a long one, this year* and I certainly would not like to have the session itself adjourn with the labors of the committee unfinished, so far as the taking of the testimony is concerned, at any rate. I think we ought to take this adjournment until to-morrow evening at half- past 7. You can conclude your case formally; I will hear the motion. I would like the other side prepared with about two witnesses to go on with their side. Mr. Wellington. — I had proposed to do this before making a motion, based upon the testimony in, that the petition of the con- testant be dismissed, and that upon the proof already offered, the committee rule that the contestant has failed to make a case. I under- stand that practice was adopted in the case two years ago, in which Senator Chase, of Albany, was the sitting member. Chairman Eoesoh. — The chair would be of the opinion, whether that practice had been adopted in the past, or not, if the committee had reached the conclusion, the case had not been made out, the committee would entertain the motion. Mr. Wellington. — If it should be the committee thought no case had been made, it would save a vast amount of time and expense. I shall be prepared to-morrow evening to make such a motion. The committee then adjourned until Tuesday evening, February 16, 1892, at 7.30 o'clock. 379 Albany, February 16, 1892—7:30 p. m. The committee met pursuant to adjournment. Present — Chairman Boesch and Senator Endres. Thomas Walker, being duly sworn, testified as follows : By Mr. Whitman: Q. Where do you reside ? A. Whitehall. Q. For how long ? A. For about sixteen or seventeen years. Q. Tou are a voter there ? A. Yes, sir. Q. Have you held any official position ? A. Tes, sir. Q. What was it ? A. Constable and deputy sheriff. Q. Did you serve some subpoenas in this investigation 1 A. Yes, sir. Q. Did you serve a subpoena upon one George Neddo? A. Yes, sir. Q. When did you serve it? A. On the eleventh, at 2.30. Q. What did he say to you when you served it ? A. He said all right. Q. Have you seen him about Whitehall since then ? A. Yes, sir, Q. Since that day? A. I think that I have; I wouldn't say for certain. Q. If you have, what day ? A. I couldn't say that I have seen him at all there since. Mr. Whitman. — That is our case. Mr. Wellington. — Is Mr. Elmer Barnes here 1 I move to strike out Mr. Barnes' testimony, upon the ground that he has not presented himself for cross-examination. I placed a subpoena in the hands of ' the sergeant-of-arms yesterday to be served upon him. Mr. Whitman. — There ought to be some proof that he had been subpoenaed. Mr. Wellington. — At the time he was here he agreed to produce here for cross-examination a certain list, that he swore he had. of twenty-three Democrats who failed to vote, and the inference that he sought to have the committee draw from his testimony was that those twenty-three had been improperly influenced to stay away from the polls, and at the close of his testimony there was an agreement that he should be present at the next hearing, and that he would present this list that he claimed he had, so that we might cross-examine him'. The list he claimed he had was not with him at that time. Chairman Eoesch. — He was here two or three meetings after that at which he had sworn, which was the first session of the committee. I know it, because I spoke to him myself. 280 Mr. Wellington. — I think he was not, iat any of these times, prepared to be cross-examined as to that list, from what he said to me day before yesterday, when I asked him if he would bring it here; his answer indicated he had not at any time been willing to. Mr. Whitman. — I said yesterday I understood he had left that list with Judge Griffiths. On inquiry, I find he left it at the Observer office, Troy, and it has been there ever since. Chairman Eoesch. — I understand the case for the contestant is closed ? Mr. Whitman. — It is. Mr. Wellington. — I don't care anything about having the testimony stricken out, if we have subsequent hearings and Mr. Barnes will appear at the next one, and I may be understood as continuing my cross-examination. Chairman Eoesoh. — If that tickler is in the Observer office, of course it is substantially in the custody and control, at present, of the con- testant, and the other side might bring that tickler at any subsequent hearing, and you may at any subsequent hearing place Mr. Barnes on the stand and continue his cross-examination. Mr. Wellington. — That is entirely satisfactory; I don't wish him to be understood as being our witness. The contestant having closed his case, I move that the proceedings and the petition be dismissed, upon the ground that the contestant has failed to show that he was elected to the office of senator for the sixteenth district, and has failed to show the sitting member is not entitled to his seat. That is to say, upon the ground that the petitioner has failed to prove the allegations of his petition, to the effect that there were frauds committed, or that there was bribery in the election, or that there was any intimidation of voters to an extent sufficient to effect the result. In addressing the committee upon this subject I shall consider the fact to be that the committee will treat the matter as they would if they were sitting as a court of justice. I firmly believe that it is their disposition to decide this case according to the principles that underlie contests of this character. Those principles are well established; they are recog- nized by all courts. They have been ostensibly recognized by all committees that have ever tried cases of this character, and the fundamental principles are the principles of both the great parties of this State and country. Of course, we all of us agree that no man should represent the people who held his seat, either in the senate or assembly, or in any legislative body, if he is not entitled to the seat. He is entitled to it if he was fairly elected by the people ; if the majority of 281 the legitimate votes were cast in his favor. That is a principle that is recognized by both parties, and all I have to urge is that that principle be applied to this case, and I am confident that the decision will be in favor of the sitting member. With the political aspects of the case, with questions of political expediency, I have nothing to do, and I am not of the opinion, nor will I be of the opinion, that ques- tions of that character will affect a decisiqn of this committee at all, and it is a matter of satisfaction to me that in addressing the com- mittee I am addressing lawyers, whom I am constrained to think oftentimes have a better sense of justice than laymen who are unac- customed to weighing evidence. I claim that there is no evidence in this case of any irregularities, of any fraud, or any bribery even, giving to the evidence the con- struction that would be placed upon it by the other side, that would effect the result. If that be true, then if the principles that should govern us in this cale are applied, the decision is inevitable, and in order that my remarks may not be construed as a mere idle boast, or as made because I am prejudiced in favor of my client's cause, I have made an abstract of the testimony taken and I shall refer to it, and thus, briefly, I hope to put before the committee, in substance, what has been proved here, and I ask the careful attention of my friends on the other side, as well as by the committee, to my statement of facts, and if I am in error in any instance I know I shall be corrected, but I feel quite confident my statement will be found to be exact and fair. Take the eighth district of Hoosick. Mr. Barnes was placed upon the stand. In that district Mr. Derby had a plurality of thirty-eight votes. Mr. Barnes testified that seven or eight Eepublican workers were inside the rail. That Russell, a Republican, took Democrats in McGraw's saloon and they did not appear again. That William Cronin and John Eiley, who worked at Schenectady, that witness had promised them their car fare; it turns out that witness himself had paid these two men their car fare and their wages to come on and vote. They voted the Democratic ticket. A day or so after election the witness paid their car fare back; they claimed that these men had received money from a Eepublican by the name of Green, to go to North Adams; that they had received twenty dollars, so as to be out of reach of a subpoena. There were seven or nine ballots that had different names written on for justice of sessions; different names; witness had a list of twenty-three Democrats who were approached, and kept away from the polls. A dentist by the name of Boynton seemed to be paying out money. Some Of the twenty-three worked in Walter A. Wood's 36 282 shop. Collins carried this district for congress by seven. This year Derby got thirty-five; twenty-seven or twenty-eight voters in the shop felt if they went to vote they would be discharged. The shop had never run before on election day. That is the substance of his testimony, on direct examination. On cross-examination, witness could not say that the vote last year in that district was larger than this. Witness saw Tomlinson and Bussell approach Jack Gronin inside the room. Witness could not say whether there were any Democrat wprkers in the room; there was a Eepublican worker by the name of Gorman. Witness did not know of any money that was h^d on the Democratic side. He went to Troy to get money to pay legitimate expenses. He got six, seven, or $800. Witness swore that he did not get it from anybody; that he found it in the room; it was in a bundle, and he was told there was something in it. Witness did not know that there was any more in it than in any bundle that might lie here on the floor. There was three or four, or $500 expense in running the campaign. Witness did not care to tell where he got the money. Two of the inspectors were Democrats and one Bepublican: John Gaffney, Democrat; John Keenan, Demo- crat; , Republican. Witness paid John Fahey and Larry Kneeland their car fare, the first from Schenectady; the second from North Adams. Witness gave the fund he had to Frank EUey, who distributed it; he is a Democratic supervisor. Witness did not have the list of twenty-three names with him. Not one of them admitted to him that they had been paid a cent. Witness had never asked him whether they bad been'paid. Witness promised to bring the list of twenty- three down, and Mr. Roche agreed to have the list so that we could cross-examine the witness. Now, I shall assume for argument, and I am doing it only for the sake of argument, I assume that testimony is sufficient to throw out the plurality for Mr. Derby, but for the sake of argument, throw it out, reject the poll thirty-eight. The next district is Hoosick, district Np. 1. The plurality was ten for Mr. Collins. Witness John Campbell; and I shall give the name of every witness that has been sworn. Witness went over to the Walter A. Wood shop in the afternoon to see why the voters were not coming out, and the gate-keeper would not permit him to go in. Some of the men told him they did not feel like coming out for fear that something would be said about it. and it was rumored that if they went out and stayed too long they might be called over. An inspector told witness that thirty Democrats did not vote. Witness knew eight or ten himself that did not vote. Witness 283 bet Collins would have thirty majority, and he had only ten. Nine, eleven or thirteen ballots were marked with fictitious names. Peter Wolfe was the gate-keeper. Witness swore that the man in charge of the department would not, for political purposes, suggest to the workmen that they should not come out. One hand of the department is Lemming, and another Willard. Some of the men voted at the noon hour. Some of them were Democrats. In all elections some Eepublicans and some Democrats stayed away. It would do Mr. Collins no good to reject that poll. It is hard to say what they will claim on the other side ought to be done. Clearly that evidence does not amount to anything, even if they should claim he should be given twenty in that district; we will give it to him for the sake of argument. In the town of Hoosick, fourth district, Derby's plurality was forty- two. Cunningham was a witness, and saw marked ballots with fic- titious names. District runs from twenty to thirty-three Republicans. Frank Stevens, a Republican, worked a part of the time within ten feet of the building. Within fifty or sixty feet of the building he saw Prank Stevens give a voter a paster ballot. Witness saw no paster ballots passed out in the room. One man claims that he had been promised five dollars, and one got two dollars. The man to whom Mr. Stevens gave the paster ballot was a Repub- lican anyway. The marked ballots were nine in number. The man who was bribed was paid by Dr. W. E. Pox. The men on the Demo- cratic side who handled money were John Flynn, James Graney and George Dalton. Witness heard they had fifty dollars for five of them, ten dollars apiece. Witness could not swear the Democratic workers did not approach the polling place within the statutory distance. Assuming that the nine marked ballots are invalid, they might be disregarded, and assuming that they were all Republican ballots, but, for the sake of argument, assume more than that. Assume that the marked ballots were an indication of bribery, and then assume more than that. Adopt the severest rule that has ever been suggested in cases of this character, the English rule; that, I think, has never been applied in this country in a contested election case; if it has been I am not aware of the case. Apply the English rule, that where one bribed vote has been found at a poll, that the poll must be disre- garded, no matter what the honest vote was. A rule that I may say, in passing, will never be adopted, certainly with the approval of the people in this country, but assume that is the rule, and for the sake of argument reject the poll; take out forty-two votes. 284 The next is the fifth district of Hoosick. Mr. Collins' plurality was thirty-seven. Mr. Dougherty was sworn. He swore: There were a good many of the voters kept in the shop and a good many of them sent away; two of them, Charles Dougherty and Cornelius Crowley, were given tickets to go to Lime Rockj Conn. ; they went to Peters- burgh and turned around and walked back; they are Democrats; four men sent hunting; these were Democrats; witness saw seven marked ballots; witness also saw the two men who were paid to go to North Adams to escape a subpcena; a good many of the men told the witness that they did not dare come out of the shop for fear of losing their job; two of them, two Democrats, told witness they would get more money to stay inside than to go out and vote; probably a dozen came to the voting place and were approached and went away; there were thirty-seven in his district that did not vote that always voted the Democratic ticket. Gross-examination : The two men that said they got more money for staying than for coming out were Denny Gleason and a man named Shaw; witness did not understand that they actually got money; witness did not know of a single instance where men were paid to stay away than this given; the Democratic majority in that district was thirty-six; Demo- cratic majority a year ago was sixty-nine or seventy; the four men who were paid to go hunting were Will French, Dan Dougherty, Tom Burns and Jim Graney; they were in town on election day and had an opportunity to vote; the board of inspectors was Democratic." Elmeb E. Barnes, recalled : By Mr. Wellington: Q. Have you the list with you to which you referred on your direct examination ? A. I have not. Q. Where is it? A. I don't know; I had a list and I had it in my pocket that day I came down, but it disappeared; I don't know where it is now; I must have lost it out of my pocket; I made four lists that day of those twenty-three voters, and each one of them had a list, each one of the workers, and it is possible that some one of them may be in existence now, and I will give you the names if you wish to of those people who I gave a list to; there are three different parties besides myself; you, probably can get them. Mr. Wellington. — I ask the witness to be committed for perjury, for contempt, and I ask his testimony on his direct examination be stricken out, in the face of the statement he made before he came into 285 this room, that he handed that list to Senator Collins, tie said it was lost out of his pocket in some way. Mr. Babnes. — There was a tickler of the eighth district that has nothing to do with the list. The list I spoke about in my direct examination was a list I had wrote o£E of the names who had not voted from the tickler, and I brought the tickler down here one day and gave it to Mr. Keith. I spoke to him about delivering it to the committee. He said he was busy and everybody was busy at the time, and I got talking and went out of this chamber and brought it back home with me, and Mr. Dutcher, of Middle Granville, called on me at Hoosick Falls, came in my office the next day, and I requested him to give it to Senator Collins. That was the tickler; that was not the list I spoke about in my direct examination, but the list that I spoke of in my direct examination was this: About 3 o'clock on the afternoon of election day I wrote off a list of those who had not voted, but a list of those who had been seen around the polls and had not voted. That list of twenty-three names I gave to another young lawyer who was working with me, by the name of "William A. Cal; and I gave another list of that twenty-three names to another worker there, by the name Of Bernard Duffy, an insurance agent, and another' list I gave to Peter Gaffney. They are all responsible men and they are in Hoosick Falls now, and you can get them any time you wish to. It is possible some one of those, lists, may exist. I had that list in my pocket, and it was written out on a common page in lead pencil, written on the day of election, and I thought I had it in my outside pocket, and I had some subpoenas and it may have been lost. When a man voted we checked his name off the Democratic tickler, and while I was away to dinner I had a man there to take toy place, and he also checked them off. If I had the tickler I think I could pick out the names of most of those. I don't know whether Senator Collins got it or not, but I sent it by a man who called himself Mr. I)utcher, from Middle Granville. Thomas A. Keith, recalled. By Mr. Whitman: Q. Where are you engaged? A. At the' Observer office, Troy. Q. Tou have charge of the office? A. Yes, sir. Q. In the absence of Senator Collins ? A. Yes, sir. Q. Have charge of the business room of the office ? A. Yes, sir. Q. Do you know Mr. Barnes ? A. Yes, sir. Q. You have heard his testimony ? A. Yes, sir. 286 Q. And heard his testimony which he gave upon the first day of this investigation? A. I didn't hear it all. Q. You have heard of this list which he has spoken of here? A. Yes. Q. State what you know about it? A. I know one afternoon some gentleman, I don't know whether it was Mr. Dutcher or who it was, I think that is the name, came in the office and left a book, the canvass of votes, and gave it to Mr. McKenna, and when I came in he gave it to me and I put in the desk and it is there yet; I never opened the book and never looked at it; it is the book Mr. Barnes sent to the office; I was under the impression Mr. Griffiths had it. Mr. Wellington. — I would like to have reserved to me the right, at a subsequent hearing, that this tickler shall be here and I be permitted to examine this witness. Chairman Boesoh. — Mr. Barnes, Mr. Wellington wishes to cross- examine you upon that list or tickler, or whatever it is, and h^ wishes to know whether you will return for the purpose of cross examination? Mr. Baenes. — Certainly. Chairman Eoesch. — He can't cross-examine you without that tickler. Elmer E. Babnes, recalled. By Mr. Wellington: Q. Can you from memory state any of these twenty-three ? A. Well, I wouldn't say; it is a good deal of business; we have something like 2,800 voters in our town; I might know some of them; in that district I think we have 113 or 114 Democratic voters; on this election day, I wouldn't say positively, I could say the names of these people, I might get them mistaken, I might net remember those particular individuals. Q. When did you see the list last that you had the day you were called here as a witness ? A. I had a list of the different districts in the office, and I took up this and put it in my pocket, and I think I had it when I got off the train at Troy, but I took out some subpoenas out of my pocket, my outside pocket, and I think it might have dropped out; I can tell you the names if you call them off. Mr. Wellington. — I have the right reserved to cross-examine this witness when I get the book. Chairman Robsoh. — Yes; I will give you the right. Mr. Wellington. — Will you produce the book ? Mr. Geiffiths. — Yes. Mr. Barnes.— There were some fifty in our district that didn't vote. 287 Mr. Whitman. — Before the gentleman resumes his argument, the contestant asked permission to amend his petition by adding to it this allegation: " That in the town of Whitehall, in the county of Wash- ington, Eepubliean ballots were used and were voted, which were marked for the purpose of identification and to be designated from the Democratic ballots and all other ballots." I have this suggestion to make further. I have been through one of these contests already, and my friend appeared then in one case notably, in which the position was exactly reversed from what it is now; Mr. Collins was then Ijolding the seat and a gentleman living in Washington county, by the name of Rogers, was contesting. Mr. Wellington was his leading counsel. At the close of the volumi- nous testimony taken jn that case a similar motion was made, and the committee then. Senator Vedder being the chairman of it, and the present Senator Van Gorder also being a member of the committee, refused to hear argument at large upon the testimony, and proceeded at once to a hearing of the other side. And I submit to this com- mittee, that it seems a useless waste of time if this gentleman is mak- ing a motion which is in the eyes of practice in the courts of law, a motion based upon some legal principles and upon facts which are as well within the memory and within the grasp of the committee as they are within the mind of the gentleman himself, that it is a useless waste of time for the committee to sit here all this evening session and listen to an argument which is really upon the merits of this casg. If the testimony is to be closed; if my friend is so sure of the correctness of his position, and that the testimony given on behalf ojE the contestant is of such a character as to plainly show upon the face of it that Mr. Collins is not entitled to his seat, then I submit that he should have the frankness and candor to rest his case upon thatj and we will proceed to the argument of this con- test upon the merits, upon the evidence, but I submit that upon this motion to dismiss this complaint that it raises a question of law and that the committee should not permit their time to be taken up by hearing a discussion which involves the real merits of this contro- versy. We have not come here for that purpose. Mr. Eoche did not deem it worth while to come over here for that reason, he having the possession of the minutes of the controversy which the senate has furnished to the contestant, we are not armed with them to-night, we are not prepared to follow this gentleman and argue them, and it seems to me the matters upon which he desires to address the com- mittee and take their time during the evening session, being fresh within the memory of each gentleman of the committee, that it is 288 useless for the committee to sit here and compel us to sit here and waste time listening to the argument, which should properly be made at the close of the evidence, and when the evidence is submitted upon its merits. Mr. Wellington. — I gave notice yesterday that I should make such a motion, and at the time, called the chairman's attention to the case of Senator Chase, whose seat was contested in 1890. At the close of the contestant's case Senator Van Gorder, Senator Vedder and Sen- ator Ahearn agreed, upon an argument of the testimony brought out by the contest, that the contestant having failed to make a case on the facts that they would report in favor of the sitting member. My purpose in making the argument this evening is surely not to take the time of the committee. It is the lagt thing I would desire to do, but it is in order that much time may be saved, because if I am right in my position it would be a waste of valuable time and surely a waste of a large amount of money that would have to be paid to subpoenaed witnesses, if the case should be decided in favor of the sitting member now. The denial of the motion, of course, would leave me entirely in the dark without an argument upon the facts as to what the commit- tee deemed important, as to what must be explained, what rebutted and what may be positive testimony in our behalf. Chairman Eoeboh. — You surely don't want the committee to indicate to you the line of proof which you should present to the committee. Mr. Wellington. — Have I suggested that ? Chairman Roesoh. — You said, if the motion is denied without argu- ment, you would be at a loss to know what points to meet. Mr. Wellington. — Entirely, as will more particularly appear, if I am heard. I was not aware any point would be raised to my arguing the motion, and, I think, if I am permitted to and the committee will treat seriously the facts as they have been produced here, time will be saved. Mr. Griffiths. — I assume this question comes in the nature of a motion for a nonsuit. If the rules that are to be applied are the ones applied in the court of justices, I have yet to enter that court where the court intimates where the plaintiff's case is a weak one, and how the defendant shall overcome it. Of course, my friend makes the usual motion, and moves for a nonsuit, on that ground that on the facts proven, plaintiff has failed to establish^ a cause of action. It depends altogether ^whether the court is in doubt whether or not certain rules have been complied with, and certain proofs laid down, and certain things established, but as to the position my friend assumes here, it is something that is entirely new to me, and noveli 289 Of course, if a motion is made here of this character, as is often made in' a court of justice, even where a court is in doubt, it will say we will hear your defense, and upon that we will decide; we will hear the whole ca^e before we decide. If it is an invention of my friend to have us make our argument now, that he may have the benefit of several adjournments, in which to patch up his side of it and over- come the salient points that we present, I think it is an unfair advan- tage to the contestant. It is not treating the contestant fairly. The same rule applies to him that is applied to the defendant in every court of justice. His argument comes first, and we have the right to answer, having the affirmative of the issue. My friend asks to change that. He proposes now to make a motion and compel us to answer and give him the answering, and he is to take the place of the plain- tiff rather than the defe^idant. That is his attitude. "Whe^er we have made a sufficient case to justify this committee in reporting to sit, the contestant rests largely in certain principles of parliamentary and common law that we desire to submit, and that if this case is submitted to- night, we are perfectly willing to rest our case upon the argument presented by the distinguished counsel upon the other side, in behalf^ of General James C. Eogers, when he attempted to have Mr. Collins unseated. If your honors will apply the rules he espoused there, and follow the prece- dents he cited, we are willing to rest our case on his argu- ment. If I am correctly informed in that case, no such proceeding was had and I will revert 'to it. I think Mr. Collins had a majority of 3,500. It was true that in some instances there was evidences of fraud, but my friend never pretended upon the trial of that case, or even upon the argument, that he had introduced evidence sufficient to overcome the majority given by the estimate made by the several boards of canvassers in the district, but he applied it upon the general rule that fraud having been proved it vitiates the entire election. He was suc- cessful with the committee, if I am informed right, and a report signed by two members of that committee was put in the gentleman's pos- session. If that sort of procedure was brought in a similar contest in the same district upon the gentleman's suggestion, and upon his motion and upon his argument, certain it is that we ask for no different treatment than he asked for as contestant himself. We want no other procedure in this investigation than my friend enjoyed in the contest of Eogers against Collins. As remarked by my associate, the legal questions that are to be presented to this committee are in charge of Mr. Roche, who is detained at home and to whom has been intrusted the stenographer's copy of the minutes^ We are not prepared to argue 37 290 this question to-night. We do not think it fair to the contestant that we should be compelled to argue it. We are perfectly willing the gentleman should make the pro forma motion to get the benefit of any- ruling this committee may make, and we submit, in view of the legal questions that must necessarily arise, that this is not. the time for the committee to give it the attention that it will perhaps deserve later on in the case, and we urge a ptrenuous objection against the continuance of this argument and ask for a ruling of the committee on the gentleman's motion. Mr. Wellington. — This is the first time I ever heard it stated by a lawyer that when a lawyer in a court of justice moves for a nonsuit that he is precluded from arguing his motion. Mr. GrKiFFiTHS. — Haven't you ever been anticipated by a judge and your motion denied? Mr. Wellington. — Frequently, but it is the first time I ever heard it suggested by any lawyer that when a lawyer makes a motion for a nonsuit he shall not be , permitted to argue the motion. If the counsel on the other side are not prepared I certainly will not press the motion at this time. I do say, however, and there is no answer in fairness to it, there is no answer that adjudge could make to it, that I desire the opportunity to present before the court the facts as they have been proven by the plaintiff, by the contestant. Those facts have been developed in hearings extending over several weeks, and there is a book of testimony containing upwards of 450 pages. I have made an abstract of the facts. I simply ask for an opportunity to present them, and ask that the committee treat the motion fairly, judicially, and say whether, upon the evidence as it stands, the con- testant has made a case. That is fair; that is invariably the rule in a court of justice. I can see no objection to it here. On the contrary, if it should be denied without a hearing, the sitting member would be obliged to produce his witnesses before it was decided that the con- testant had made a case; a great deal of valuable time would be spent and the State would be put to a very large expense. Under those circumstances, I must say I can not see how in fairness the olyeetion could be entertained. I understood the chair yesterday to say that, whether it had ever been the custom in this class of cases or not, that it needed no precedent to establish the rule that the sitting member might be heard upon such a motion. Mr. Whitman.— Wasn't that rule adopted in the Rogers-Collins case ? Mr. Wellington. — The rule, as I remember it, was, that it was per- fectly patent the contestant had made a case, and you were obliged to go on with your proof. 291 Mr. Whitman.— They didn't want to hear argument about it. Mr. Wellington.— Very likely. If that is the committee's opinion in this case I should have nothing to say, but before the committee says it I want the opportunity to call their attention to some of the facts; isn't that fair ? Chairman Roesoh. — I understand in the Chase contest last year there never was a motion made to dismiss, and there never was a report made. Mr. Wellington. — The Chase contest was reported. Mr. Whitman. — I think Mr. Wellington is right; I think a report was made in that case. Mr. Chase submitted the case, and on that a report was made in favor of the sitting member the last week of the session, during the deadlock. Chairman Roesgh. — There couldn't have been a report made during the deadlock. Mr. Wellington. — It was before the deadlock. I remember read- ing of' it in the newspaper at the time, and I know I saw some of the counsel too. Chairman Roesoh. — The only thing to do is this: the motion which you make to dismiss is based, so far as the chair can observe, solely upon the facts which are claimed to have been disclosed in the con- testant's case. I mean that the motion does not involve any Question of law. Mr. Wellington. — Certainly it does; the motion is upon the facts proved. The sitting member is entitled to it, not upon the disputed facts, I am not here to argue disputed facts;'! say give them all that they claim in every disputed district, and there remains a plurality in favor of Mr. Derby of over two hundred, and I say they can not get around it. Now, is it not right that if that is the fact that I may be permitted to argue the case, and that the case be decided ? If it is not right, then I will sit down and I will not be iteard, but there is no answer to the suggestion, there is no answer that the most ingenious counsel could suggest; the position is manifestly fair, it is righteous, and I can not believe that this contest is to be conducted on any other lines than that of fairness. Chairman Roesoh. — There is no intention to do it, but it is useless to take up the time of the committee, at this stage of the case, with a mere summary of the testimony. Mr. Wellington. — If the committee please, by that summary in three-quarters of an hour I could convince the committee the con- ' testant has no case, and the sitting member is entitled to a report in his favor, and the committee may be saved ten or a dozen hearings 292 hereafter. Is that taking the committee's time ? I am not asking for delay, no man can charge that at my door. I will not ask for twenty- four hours delay; all I ask is to be treated humanely in this contest. Isn't that just and fair ? Chairman Eoesoh. — I do not think you have anything to complain of on the score of humanely in this case. Mr. Wellington. — I have no fault to find; the committee haye treated me with every courtesy and with all fairness; it was a sugges- tion in answer to my learned opponent, that I was asking for delay; I am not asking for delay, I am endeavoring to avoid delay and save expense. Mr. GrBiFPiTHS. — Then let us go on with the case. Chairman Roesoh. — Tou may continue. _ ' Mr. WELLiNaTON. — In the fifth district of Hoosick Falls the plurality for Senator Collins was .thirty-seven; for the sake of argument sup- pose forty-four votes are deducted from Senator Derby's vote; there is no proof those thirty-seven were improperly infiuenced, but for the sake of argument give them the entire figures — thirty -seven, and add the seven that was hired to stay away, and deduct forty- four from his vote; come into the fourth district of Brunswick; the plurality for Senator Derby in that district was 118; the only witness sworn was Mr . Herrington, who swore during election day there was a box of pasters sat on the table; not.one Republican paster ballot was given out in the polling place during the day ; that is all the evidence there was from that district; I shall not waste time to argue that that proof is not sufficient to reject the vote;. the witness himself testified that he did not know of ■ a single instance where an attempt was made to deprive a Democrat of his vote, or to have an unfair election ; so far as the witness knew the election was perfectly fair, that is to say in the matter of the receiving and depositing the votes and the returning the results. The next district was the second district of Fort Ann; in this Senator Derby had a plurality of fifty-six votes ; Michael F. Joy was sworn; he stated that "notice was given that the registry of the voters would be taken in the Root building; registration was taken in the Corning building. Election was held in the Root building." Gross-examination : "Do not know of any voters that were misled by reason of the change ; did not know of any that failed to register by reason of the change; did not know there were any; election was fair, the result was correctly declared; Derby's majority was about sixty odd; the 293 reason for the change in the place was the room was too cold and we went into the other building and held the registry," and no one failed to register by the change. The next one is Ezra S. Snyder, who "swore that Frank Carpenter paid a special tax as liquor dealer for the year com- mencing July 1, 1890, at the place where the election was held in that distriat." There are three districts that are affected by this question of the effect of selling liquor in the building which the election was held. I desire to call the committee's «.ttention to the law that is applicable to that state of circumstances. It would seem that the learned counsel for the contestant had been relying upon chapter 570 of the Laws of 1872, section 16 of which provided as follows: "In cities and incorporated villages, no building or part of a building shall be designated as a registry or polling place in which, or any part of which, spirituous or intoxicating liquors are sold." That would cover the three cases in question; but that law was repealed by section 24 of chapter 321, of the Laws of 1890, which took effect July 1, 1891. The section in force last fall reads as follows: "All meetings of the board of registry in each election district shall be held at the place designated for holding the poll of the next ensuing election, for which the meeting is held, but no building or patt of a building shall be so designated, in any city, if within sixty days before such designa- tion intoxicating liquors, ale or beer shall have been sold in any part of such building, and no room shall be so designated in any election district elsewhere, if within sixty days before such designation intoxi- cating liquor, ale or beer shall have been sold in such room, or in a room adjoining thereto, with a door or passageway between the two rooms, and no intoxicating liquor, ale or beer shall be sold in such building in a city, or in such room or adjoining room elsewhere, after such designation and before such election." Mr. Whitman. — That is the section we rely on; that last one. Mr. Wellington. — That can not be, because that renders the testi- mony entirely immaterial, and defeats itself. Mr. Whitman. — That is to be seen when examined, whether it does or not. Mr. Wellington. — I propose now to show that is the fact. As to the election district in the town of Kingsbury, the third district, held at 131 Main street, the proof shows that the saloon was in a room in the building on the north end of the building; immediately south of that room was a vacant room. Between the saloon and the vacant 'room was a solid partition, without door between. South of the vacant room was the room in which the election was held. There is ^94 Jio proof that any liquor was ever sold in the room in which the elec- tion was held. So much for that district. As to the first district of Easton, the election was held in a hall or ball-room of Jackson's hotel, up-stairs. The liquors that were sold were sold in a bar-room down stairs, and they were not adjoining rooms. As to the election held at Port Ann, it was held in Carpenter's hotel. The bar-room was on one side of a hallway and the election was held in a room on the other side of the hallway, and they were not adjoining rooms. Quite a number of witnesses were sworn as to the instances of selling liquor, and I shall not refer to them again. , In the first district of Greenwich, Mr. Derby's plurality was eighty- four. " Witness knew of thirteen men who claimed to be physically disabled, who were assisted. Each of them was sworn, and swore that he was physically disabled, and at his request he was assisted in the preparation of his ballots." I suppose that that fact, that the oath was taken, protects the inspectors and those conducting the election, from the charge of irregularity. I do admit, however, that if it should appear that any of those electors had committed perjury in swearing that they were physically disabled, when ia fact they were not, that such vote cast by them might be disregarded and should be disregarded, and should be rejected. The testimony that any of these men were not in fact disabled is exceedingly meagre, but there is testimony that there were two marked ballots, and that in this district one witness claimed he was approached as though he was attempted to be bribed, and for the sake of argument I shall reject the entire poll. I do not think that by any of the known rules and by any fair construction of the testimony, it will be possible to do more in that case fairly, than to rqject seven or eight of the votes cast for Mr. Derby, but for the sake of argument tajre out eighty-four. In this same district Pinch was sworn. Michael Herron who swore he saw paster ballots given out. Matthew Herron swore; a ballot clerk was sworn, and said men were perfectly free to vote; Democrats were given all their rights in that respect, and he supposed it was a perfectly fair election. The only difference he saw was in the fa,ct two Republican workers had been allowed to work early in the morn- ing. But, suppose the election there was unfair, for the sake of argument, and take out the eighty-four plurality, reject the poll, and it will not effect the result. In Greenwich, the second district, the plurality for Mr. Derby was eighty-five. Mr. Casey was sworn, who swore he saw a paster ballot, one paster ballot given out within ten feet of the polls, and that he' did not think the giving of that paster ballot would effect the result 295 to the extent of more than one vpte, I think we may safely follow and rely upon his judgment in that respect. As to the testimony of Mr. Bradley, he saw one man approohed at the polls; he also saw one man who was intimidated by a Mr. Thomp- son, who was told if he voted he would be put in jail. For the sake of argument deduct two in that district from Mr. Derby's vote. In the third district of G-reenwich the plurality for Mr. Derby was fifty-six. < Patrick Moriarty was sworn. He swore that there was an illiterate man went to Mr. Sprague, a Eepublican, and got a Eepublican ballot. There was one marked ballot, the committee will remember, was a Democratic ballot, marked by a Democrat, for the purpose of indicating how he voted. Hence, that district must remain intact unless the vote of Mr. Col- lins should be rejected, which we will not claim. The next district is the town of Kingsbury, district No. 2, in which the plurality for Senator Derby was sixty-one. Daniel Herrington swore that he was not a voter in effect, although he voted; there was a question as to whether he had lived within the district a proper length of time. His son likewise was sworn, to the same effect, and the two votes may be disregarded. Deduct two in that district from Senator Derby. The third district of Kingsbury, the only proof of irregularity was the fact that liquor was sold in this room, in the building', in which build- ing, in a room not adjoining, the election was held, but under the statute that does not affect the vote. The next was the fourth district of Kingsbury, in which no testimony was given of any importance affecting the regularity or validity of the election. In Petersburgh, the first district, the plurality of Mr. Derby was thirty^two. Mr. Mer- rithew was sworn. His testimony was that there was a man by the name of Babcock there, who had a blank, an irregular appointment as deputy sheriff, who stood there during the day. On cross-examina- tion he said that he was a Democrat; that he did not know of any Democrat who was prevented from voting; that he knew of no intimJ- ' dation that was practiced by the deputy sheriff; that there were three or four who took ballots and went in the booths, and came back and said they could not prepare their ballots. The ballots were creased, and the inspectors treated them as spoiled ballots. New set was given them and they went back and prepared them. That was regular, according to the statute, and the vote must stand. In the second dis- trict of Petersburgh, Mr. Collins' plurality was forty-nine. There was one man, John M. Church, who was a Democrat, who swore he was physically disabled, and who chose a Democrat to assist him, and 296 that was denied him. and a Republican took this disabled one into the booth. We may assume, for the sake of argument, that the Democrat voted for Senator Derby, whereas he chose to vote for Senator Collins, making a difference of two in the result. In the third district of Lansingburgh, the vote for Derby was 218, Collins 171 ; plurality for Mr. Derby was forty-seven. They swore in that district all the proof was that one man, by the name of C. W. Witbeck, lived in the fourth district and voted in the third. Was apparently a mistake. Take out that one vote. In the seventh district of Lansingburgh Mr. Derby had a plurality of ninety-six. All the testimony in that district is, that a man named Brwin agreed to pay Mr. Carr eight dollars for his vote, and that he was paid by David Hanna; that he had always voted the Republican ticket, and had never sold his vote before. That 'another man was approached to be bribed and was not bribed. Under all the rules adopted in contested election cases in this country, all that could be done in that case would be to deduct one vote from Senator Derby's plurality, but I shall, for the sake of argument, adopt the English rule and throw out the entire poll, ninety-six. In Easton, in both districts, George Biggott was sworn, and his testimony is unimportant. He swore that he had fifty dollars that he received on a draft that he drew upon A. D. Arnold, of Sandy Hill, and he stated how he expended the money, accounting for all of it, and indeed, showing that five dollars in addition he had to advance himself. This money was spent in taking a tickler and in carriage hire, getting men to register and to vote. He also stated that there were men who told him he had been paid by Democrats to stay away from the polls, which man, Sylvester Mason, was on the stand subsequently and swore that was not true. Therefore, the seven votes that might have been deducted from Mr. Collins' vote, by his testimony, will stand. In Easton, the first district, the plurality for Mr. Derby was ninety- three. Mr. Thompson was sworn : " He saw paster ballots handed out by Republicans from the room. He did not see more than two paster ballots handed out within 150 feet of the polling place. No Democrat was prevented from voting. Did not know of any Demo- cratic voter that was treated unfairly. No attempted fraud. The majority given for Mr. Derby expressed the will of the majority of the voters in the district. The only irregularity that witness noticed did not affect the result." It also appeared liquor was sold in the build- ing down-stairs, and, the election was upstairs. 297 In the first district of Easton, Edward J. Welch was sworn : " He saw four men who claimed to be physically disabled, William Golden, Washington Gates and John Lewis. Washington Gates said that he did not know what to do; that he could not read. The Eepublican watchers said you are physically disabled. He swore he was physically disabled. John Lewis claimed that he had forgotten his glasses. Could not say about the eyesight of Valentine Friar. Witness could not swear that there were ten paster ballots given out in the room. Witness did not know of any fraud attempted by the Republicans at that election. He did not know of any intimidation practiced by Eepublicans. Witness knew Thomas Sullivan, who was not allowed to vote. Did not know whether he was rep;istered." There was one man, Jerome Herrington, sworn, and swore, " One man," without giving the name, " told him he had been paid one dollar to vote the Eepublican ticket." But that testimony is not deserving of any weigbt. I Li the second district of Easton, the plurality of Mr. Derby was ninety-four. Mr. Keegan was sworn. He swore, " The polls opened at half past 10. He saw Eepublicans apparently working. He heard an old man talking with Edward Hagerman outside the polling place. The old man said that he could not fold the ticket. Hager- < man said, ' Never mind, I'll fold the ticket for you. Tou tell them up-stairs that you can not read.' The man was sworn and Hagerman assisted him." There was also a boy allowed to vote. These two votes may be rejected. In the second district of Easton the plurality was ninety-four. That is the same district. "Polls opened late." Two men went there early to vote and one went away; the witness said were the father of the witness and a Mr. Becker. It turned out upon cross-examination that these two men came back and voted. In Middle Granville the plurality of Mr. Collins was twenty. There was no testimo^iy offered in tlje district of any fraud or bribery. In Whitehall, the first district, the plurality for Mr. Collins was eight. There was no testimony offered in the district any fraud or bribery was practiced. All that was proved was that there was a deputy , sheriff appointed, and upon cross-examination the witness stated that no intimidation was practiced; that the board was Democratic; two Democrats and one Eepublican. In the district, however, there was one vote sworn in, which was questionable. A man who had resided in New York city went in Vermont to do chopping. "Took his family with him. At the time he went he meant to return to this 38 298 State. He did not intend to remain a resident of that State. He returned in the spring of 1891." In the second district of Whitehall the vote of the return shows a plurality of Mr. Collins of forty-two. " The polling place was in a building, on the ground floor of which is a saloon. Henry E. Martin was appointed deputy sheriff." " Did not know of anyone being prohibited from voting. The only instructions he received was not to let electioneering be done within 150 feet of the polls." In this same district it was proved that George Neddo paid one voter by the name of Eoraback three dollars, and John Kil- bourne, who was paid three dollars by George Neddo. Those were the only instances of bribery in that district. Inasmuch as it was a Democratic district, Mr. Collins would not claim the polls should be rejected. The most that could be done would be to add two votes, or deduct two from Senator Derby's. We have heard a great deal said about Mr. Neddo; that is all the proof there is ,in the case by those two men. Chairman Roesch. — Except it is in evidence he has been subpoenaed ami does not answer the subpoena. Mr. Wellington. — The testimony must be accepted that he did bribe these two men. The plurality was in Senator Collins' favor in the district, and of course you can not reject the poll. The most that could be done would be to deduct two votes from Senator Derby. Had the bribery been in a Republican district, then, under , the English rule, if the English rule should prevail, you might reject the whole poll. In the third district of Whitehall the plurality for Senator Derby was thirty-five. The only proof in the district* too — we have heard a great deal about Whitehall — was that a man by the name of William J. Bustee was appointed a deputy sheriff. On cross-examination he swore there was no intimidation practiced, and no one was prevented from voting. In the fourth district of Whitehall the plurality for Senator Derby was twenty-nine, and the only proof in that district given is, that a man named William McParren was appointed a deputy sheriff, probably irregularly, who swore that " There was no one pre- vented from voting. There were two other officers; two Democrats, Henry Waters and Frank Douglas. Witness was the only Republican officer." I seems to me as though I ought never be charged with taking the time of this committee, when we have been obliged to its here, and the committee has been obliged to sit here, and the State has been obliged to pay for the witnesses, to hear such trivial testi- mony as has been given on that witness stand. And yet it is even seriously claimed, apparently, that a case has been made up. 299 In the fifth district of Whitehall the plurality for Senator Collins was five. The only testimony given was that in that district a man named Martin Mason waa appointed a deputy marshal. " The witness did not know of any intimidation practiced. The election was very quiet." So much for the Whitehall cases. That is all there is of the evidence in this case as to Whitehall. Fort Edward, district No. 1. Plurality for Senator Derby thirty-five. ' Mr. Kennedy was sworn. All the testimony in that district is that '' an old man named Dewey, a Democrat, 87 years old, wished assist- ance, and it was refused him. One man, a Republican, was granted assistance." The board told the old 'gentleman they could do nothing for him if he could see; which he could. That is the testimony in that district. It has been said that Whitehall was a Democratic village. Collins had always, carried it. Whereas he failed this time. Even assuming that that was evidence of anything, the figures are by no means startling, because in 1890 Collins carried it over Quackenbush only by 153. ^e might be given his majority over Quackenbush by 153 in this case, and it would not affect the result. All that can be done from the testimony in this case before this committee is, to take two votes from Senator Derby's majority there, and if that suit them, give them 153 that he had over Quackenbush. It does not affect the result. There was one witness who testified that he voted in Corinth. I can not find any Corinth in Washington county. It was district No. 1. There is a Cornith in Saratoga county. Probably was a mistake either on the part of the witness or of the stenographer. All that witness swore to was, "There were some politicians electioneering inside the polling place. Witness could swear to six or eight to whom paster ballots were given. Witness knew of only one case in which the result was changed by the electioneering done." In Granville, in one district, John Dunn saw a pasted ballot used. I do not know_ what disposition my friends will make of the testi- mony of Roberts, for that may be left for a later discussion, but assuming that his district should be rejected, I do not remember which district it was, I had not time this afternoon to find out from the evidence, but assuming that his district was the one that gave the largest vote for Mr. Derby, take that and reject it, seventy-one plurality. I will go further, for the sake of argument, do what can not be done in this case, reject the entire second district of Whitehall, take out Derby's vote, 112 votes, because th£^t is a Democratic district. Mr. 300 Collins carried it. There were two bribed votes in that district under the testimony. Eejeot the entire vote for Senator Derby of 112, what more could be assumed, and allow Senator Collins' vote to stand. After you have rejected these polls, and after you have added to Senator Collins votes that he is not entitled to under any ruling that has ever been known in any court of justice, or in any learned pro- ceeding, and you have a grand total of 525 votes to be rejected frofti the plurality of Senator Derby, leaving him a plurality of 139. Now, I say, gentlemen, that under such testimony it is not possible that a report could be given in favor of the contestant. I have not alluded to one branch of this testimony which I now wish to address myself to the committee on. And that is, evidence of men working within the prescribed limits — within 150 feet , of the poll. That was done in Republican districts. It is for the committee to say what that means. If that means that all the voters who voted there, although it was a fair election under the testimony of these witnesses, if the votes of the legal voters are to be rejected, if the polls are to be rejected, let us have the ruling, because such instances can be multiplied upon the other side, as everybody knows. It seems to me it would be an idle waste of testimony. It would be a farce to conduct a contest upon such likes as those, therefore, I have not referred to that testimony as important, because if it be important, if that be the rule that those districts must be disregarded, we can duplicate that testimony; more than that; quadruple it. The principle upon which I urge this motion, the legal principle and the political principle as well, the political principle of the Dem- ocratic party, recognized, claimed by them as their principle, but recognized likewise by the Republican party and every other party on the face of every civilized land, is this: " If the vote of the electors can be made to appear from the returns, either alone or added by extrinsic evidence with reasonable clearness and certainty, then the returns should stand, but not otherwise. This rule has made neces- sary another, viz.: That if it appears that illegal votes have been admitted, it is the first duty of the tribunal trying the contest, to purge the poll of such illegal votes, if there is evidemce upon which this can be done, and effect should be given to the majority of the good votes." That was quoted by my learned friend, Judge Whit- man, as counsel for Senator Collins, in the Eogers-CoUins case, and it is quoted from MoCreary on elections, section 409. Mr. Whitman. — Tou said it was not good law then. Mr. Wellington. — I did not. I am not here to justify my course in the Rogers-Collins case; if any man wishes to charge me with unfair- 301 ■ ness or with treating my opponent improperly; if they wish to charge me with insincerity, all I have to do is to refer them to my brief; it is on file; it is printed; I have only one word to say about that case, I am bound to say that because I have been charged here with insin- cerity in this case, and in that case I urge this principle, which is a fundamental one, and which is sound and, that is, that where fraud is proved or bribery is shown in any election district and that election district can not be purged from fraud, or the bribery, so that the true result can be ascertained, the entire poll must be rejected. That was the principle that I sought at that time to apply to the evidence in that case, and it did so happen in that case, for some strange reason which I have never to this day been able to understand, that my learned opponents in that case did not, in a single instance, purge the poll of the fraud. There they were lame, they needn't lay it on to me and say I was insincere. I did nothing but present the facts and laid down the law as I understood it and ask the law be applied strictly to the case. ' Mr. Whitman. — Wasn't the motion here made and the offer made' to bring from the ward which was assailed the most seriously, the men themselves and prove vote for vote cast for Mr. Collins, and did you not object and liiake an argument to it, and did not the committee rule it out 1 Mr. Wellington. — I did. That was the sixth ward in the city. We proved the ballot-box was stolen. We didn't say there was any fraudulent — Chairman Roesch. — Which case are we arguing ? Mr. Wellington. — I do not know. I have been endeavoring to argue this case. I did not mean to -take the time of the committee with any such idle talk. I only wish to answer a remark that Judge Whitman ' needlessly made. I hope I have explained my position in the two cases. ' Chairman Eoesch. — I have a copy of it' and I have been edified with the reading of it. I have it now in my room, in fact, here in Albany. Mr. Wellington. — If the committee please, I have thus hastily endeavored to set. forth the facts as they have been established in this case, and if the committee would treat my motion with that serious- ness which I think it deserves, it would be a gratification to me and to my client, and of course I should be pleased to submit to the commit- tee a brief upon the facts as I have endeavored to set them forth before the committee, if it is desirable. Mr. GrBiFFiTHS. — If the chairman please, this argument leaves it just at the place I expected it would. I assume all this committee will do in any event is to pass upon the evidence that has been adduced on 302 this examination and recommend something to the senate. If my friend has such faith in the wsakness of our case and the strength of his position, I make the suggestion that the case be ended now and that this committee be permitted to listen to arguments upon the ■whole case as submitted and then await the committee's determination and report. I should have said before that it frequently occurs, and it must within the chairman's practice and within the knowledge of every practicing lawyer, that there are many times that the court, in considering a motion for a nonsuit, oftentimes, compelled the defense to present their proofs before the court will pass upon that question. I have in my mind a case just now that the Court of Appeals has handed down a decision last Friday, an equity cause in which this very position was taken by the judge upon the trial. We are perfectly willing to stand or fall by the case as we present it. There are many legal deductions to be drawn from the facts that have been adverted to by the counsel, but we do not desire' to present them at this time We think on this evidence there is sufficient "here to be explained. We believe there is a taint of fraud and a badge of fraud that has been established in various points in this district which puts the seat of the , sitting member in jeopardy. We believe that the usual rules that have been applied to the decision of these cases, which if applied upon the proof which has been adduced, certainly must result in a report from this committee in favor of the contestant, and that that report must be sustained, by precedent, by the senate. Of courses it is simply making two bites of the cherry. My friend desires us to draw our fire, if possible, by his motion, and in that, I fear, he will be mistaken. , Chairman Roesoh. — The committee is pf opinion that the rule which was followed at the request of the committee in the other cases before the committee, would be a good one to follow on this occasion. In those other cases, notably in the Saratoga case, at the request of the committee upon the conclusion of the contestant's case, the coun- sel for the contestant submitted to the committee a summary of the case for the contestant, as claimed by them to have been established. The other side received from counsel for the contestant a copy of that summary, or brief of argument as you may term it; and were given an opportunity to answer it. The committee is of opinion that the argu- ment made to-night by counsel for the sitting member, is such as to call for an answer by counsel for the contestant. The committee is of the opinion, that the argument should be made by the other side. If the other side thinks they have made it by the remarks of Judge Griffiths, in answer to Mr. Wellington, the committee submits that 303 1 is a matter entirely for the counsel themselves for the contestant, to decide. The committee is willing to give counsel for the contestant a reasonable time, if counsel desires it, within which to prepare an answer to the argument made by the counsel for the sitting member upon his motion to dismiss. Suppose the committee make an order that you serve a copy of your brief on the other side on Thursday of this week. Mr. Wellington. — I can do that, and I will endeavor to reproduce as nearly as I can the main points I have brought out here. I haven't it altogether in one paper. Chairman Koesoh. — The brief should be served on the committee by Thursday of this week, and a copy of it also served on counsel for the contestant. The committee will take this order that counsel for the sitting member send to the chairman of the committee a brief by Friday of this week, and a copy of that brief by Friday of this week, to counsel for the contestant, and that the further hearing in the case proceed on Wednesday evening of next week, in the senate chamber. Mr. Wellington. — Is it understood at that time the argument of the contestant shall proceed? Chairman Eoesoh. — I do not understand Mr. Wellington rests his case. Mr. Wellington. — No. I understood the committee suggested the argument was one that should be answered by the contestant, and my inquiry was as to when that argument should be made. My purpose was as to whether we should bring witnesses at the next hearing. Chairman Roesoh. — How would Friday at 1 o'clock do for the argument ? Mr. Whitman.—^ That would answer. Chairman Roesoh.^- We could only give you abovit an hour. Mr. Whitman. — That would be ample. Chairman Eoesoh. — Then you would have to be prepared with your witnesses, if the motion is decided adversely to you, the following week. The committee then adjourned to Friday, February 19, 1892, at 1 p. m. Albany, Friday, February 19, 1892 — 1 p. m. The committee m«t pursuant to adjournment. , Present — Chairman Roesch and Senator Bndres. Chairman Eoesoh,^ The committee is ready. Mr. Whitman. — I have here the book spoken of by Mr. Barnes; it was found in the oflSce of the Observer yesterday. i 304 Chairman Eoesoh. — I understand that Mr. Wellington reserved the right to recall Mr. Barnes at any time for the purpose of cross- examination upon this book in reference to the twenty-three names of which he spoke. Mr. WELLiNaioN. — The book will remain in the custody of the committee ? , Chairman Eoesoh. — The book will remain in the custody of the committee. Mr. Whitman. — If the chairman of the committee please, in the presentation of this question to this committee it should be borne in mind that this is the pioneer case in the senate under the reform ballot law, or perhaps I should say more correctly that the cases now pending are the pioneer cases under the ballot law. There has been one case tried in the Assembly in which I believe there has been a decision, but, as I understand the case, it did not turn upon the questions, at least, many of the questions which 'liave been raised in this contest. Prior to the passage of the Saxton ballot law the decisions were numerous and ample as to what would constitute such irregularities, such defects, either in the manner, method, time and place of holding the election, as would justify the rejection of a poll. But in the year 1890, the reformer, who is always around, came promising us the political millenium with the -passage of the so-called Australian ballot law. That law as it now stands upon the statute books has been in force at but two elections and I desire expressly to impress upon the mind of this committee the fact, that by its provisions it was intended to do away with all the evils which were before claimed to have existed in relation to the exercise of the elective franchise. Vote buying and bribery of all forms and descriptions was to become a thing of the past and it was the evident intention of the legislature in writing this law upon the statute books to so hedge about with its many provisions and forms, the processes through which the elector would have to go in order to cast 'his ballot as to make it utterly impossible that there should be either bribery or vote buying, or any of the irregularities which were before claimed to have been such great evils. Looking at ihe act in that light we expect and intend to claim, and shall ask this committee to hold, that the doing of things which, under the previous laws and as to which court and judicial committees have given judicial expressions and upon which they have made rulings, that they must now be held to a stricter account for the reason, that this act, as I have stated, was passed for the very purpose of hedging about the exercise of the elective franchise with such 305 provisions as should prevent vote buying and bribery at the election. While T am free to confess that in the main a committee sitting as this committee does, sits here governed to a degree by the rules of law and the rules which the wisdom of ages have provided for the production of evidence in cases at law, yet I desire to call the atten- tion of -the committee to the fact that the provision of the consti^ tution relative to making each house of the legislature the sole and exclusive judges, not only of the election, but of the /quali- fication and the returns of each of its members is such that it puts it within the power of the committee, and in many cases makes it necessary that the committee should lay aside the strict rules of law which govern the production of evidence in our courts and who sit rather as an equitable body, somewhat as arbitrators do in determining disputes between man and man under the provisions of our law where it has been held frequently by the courts that they are not confined by the strict rules and technicalties of the common law. We shall claim in behalf of this contestant, in the final presentation of this case to the committee, upon the evidence as it shall have been produced, when it shall have closed, that while the proof may not be of such a character which, if the record should go to some court for review, would show exactly what we desire that it should show to a court to convince them, yet that if the evidence is of such a nature, if it be of such a character that it convinces the conscience of the committee, if it convinces the judgment of the com- mittee, even thoiigh the evidence be given by way of indirection, that then we are entitled to the benefit of it as much as though it were evidence which if put upon paper would commend itself to the high- est tribunal in the State, and as to the power of this committee upon that point that we are bound by the strict rules of law in the reception of testimony, I desire to cite to the committee from Paine on elections, which is the latest text-book on that subject, section 967, and if the committee will indulge me, I desire to read a few sentences from that. " The power of legislative bodies, to judge of the elections, returns and qualifications of their own members, is regulated by constitutional provisions. It is provided, in the federal constitution, that each house of congress shall' be the judge of the elections, returns and qualifications of its members. This clause of the constitution presents a question of great importance. Are the respective houses of congress empowered to judge of the elections, returns and qualifications of their members, at such times, in such methods and under such rules of tevidence, and such regulations of practice as may be prescribed by 39 306 acts of congress ? Or, is each house to prescribe, for itself, the tiine, and mode of judging of the elections, returns and qualifications of its own members, and the rules of evidence, and regulations of practice,' for such adjudication? It has been suggested that the courts have power to judge of the rights of parties litigant, but are compelled to exeifcise that power in the manner prescribed by law, subject to such rules of evidence, and regulations of practice," as the law may impose, and that the words, "shall be the judge of the elections, returns and qualifications of its members," are not incapable of any interpretation imposing analogous limitations upon the powers of the respective houses of congress. But whatever may, or may not, be true, as to the result of a merely verbal analysis of the constitution, it is certain that the weight of authority is in favor of the doctrine that the constitution, interpreted according to its spirit, invests each house of congress with the power to prescribe the time and mode of trial, rules of evidence and regulations of practice, in contested election cases, and that no legislative enactment, purport- ing to cover any part of this ground is of any constitutional validity, as a statute, however convenient it may prove to the house practically tolerating its execution. But while it is true that the preponderance of authority is decid- edly in favor of the doctrine, that the constitution invests each house of congress with plenary power in the premises, it is also true that another constitutional grant of power, to the separate houses of con- gress, has practically necessitated certain congressional enactments respecting contested elections, having the sembl4,nce, if not the reality, of acts of congress. Without taking up the time of the committee, I will say, briefly, that it has been held in the house of representatives, that notwith- standing the fact that there is a solemn statute written upon the statute books of the United States, prescribing the methods of hold- ing, of trying contested election cases, yet they have held and it has been repeatedly held, in the house of representatives, at Washington, that that statute, read in the light of the constitution, has no more binding force upon the committee than a rule for the convenience of the committee. "Until the enactment of the statute of 1868, investing the courts with power to try cases of controverted elections to the house of commons, the right of the house to determine all matters relating to the election of its own members had been regularly claimed and exercised by the house since the reign of Queen Eliza- beth, and probably in earlier times, although such matters had been ordinarily determined in chancery. Its exclusive right to determine 307 the legality of the returns and of the conduct of returning officers in making them, was recognized by the court of exchequer chamber, in 1674, by the house of lords, in 1689, and also by the courts in the cases of Onslow, in 1680, and Prideaux vs. Morris, in 1702." I read this to the committee for the purpose of showing that you are not here bound by strict rules of law, and that legislative bodies both in England and in this country have been jealous of the peroga- ' tive thus conferred upon them by the constitution, and have asserted that, as long as the constitution has placed the sole power within the committee, that they are not to be bound by any of the strict rules of evidence as they ordinarily govern the production of testimony' in courts of law. It would, of course, be vain and useless for me to take up tlje time of the committee in a detailed discussion of evidence in this case. Sufficient to say that we submit to the committee that upon all the evidence there has been shown throughout, the county of Wash- ington especially, such irregularities, such willful, determined and per- sistent violation of the law in respect to the violation of the provisions in reference to the distance within which all electioneering, all soUoit- ing of votes, should be prohibited, there has been shown such .wide and diversified examples of bribery in different parts of the county, and such other repeated and determined violations of the provisions of the law generally, that counsel for the contestant shall claim that it is not only the right of this contestant, but it is the duty of the commit- tee, as the evidence stands, to reject the poll in numerous election districts of that county, which we shaU point out to the committee later on. Take the one example of the failure to open the polls, of which evi- dence has been given that there was such in two places; one in the town of Brunswick, where the majority for Mr. Derby was a large one, and the other in the second district of the town of Easton, where the evidence shows the polls were not open until 10 o'clock in the morning, and where the evidence further shows that many electors — l that it was in a district where many laboring men voted, and if the polls had been opened they could have* voted, and many of them went away -without having cast their vote, and were not able again to leave their work and return to cast their vote. Upon that point I desire to call the attention of the committee to the case of Melvin, reported in 68 Pennsylvania at page 333. In this case there were two points: The election was not held in the building which vyas designated by the officers authorii;ed by law to designate the polling place, nor were the polls opened at the hours fixed by law. Without stopping to read the case at large, I will simply read from the head-note, which says: " If an election be held at a'place 308 not fixed by law, the returns should be stricken out by the return judges. A whole election district may be stricken out by showing an entire disregard of conformity to the law and holding it there by design oi: by ignorance." Even though it be by ignorance on the part of the men charged with the duty, yet this case holds, the highest court in Pennsylvania, a court whose ability entitles it to great respect, that the whole return should be stricken out. " Wherein an election was not opened until 2 o'clock p. m., the law requiring it to be open between 6 and 7 o'clock a. m., the whole return should be rejected."- In this case it may be said this was only a small evil; that the delay at most was only one or two hours; but I submit to the committee that this is begging the question* because if it be conceded that offi- cers may disregard the plain provisions of the law in that respect for a period of one hour, then they may do so for a period of two hours, and if they may do so for a period of two hours then they may do so for a period of three hours. I have a further case upon that point reported in the 52 of California, page 620. It did not come up exactly direct, but it came up in this way: It was the imposition of a school tax, and it was provided by the code of California that an elec- tion for that purpose must be called by posting notices in three of the most public places in the district for twenty days. In this case the notice was to the effect that the polls would be open only between the hours of 1 o'clock p. m. and 6, and in point of fact the polls were kept open only between those hours, and in this important respect the election so held was not in conformity with the general election law, for that requires the polls to be open at one hour after sunrise the morning of election, and to be kept open until sunset, and hence it was held by the Supreme Court of California that an election held for the purpose of imposing a tax in a school district must be held in strict conformity with the law and the polls must be kept open from one hour after sunrise until one hour after sunset, and they held the tax voted at that election was void. That touches, as I have said, the time of opening the polls; touches the poll in the second district of Easton; I think the majority for Mr. Derby in that place was about sixty-eight, and one in one of the districts in Brunswick where Mr. Derby's majority ran up in the hundreds. There has been evidence given in two particulars as to the place of holding the election. Without taking the trouble to refer to it, I will say that the registry law and the election law read together, require that the registry of the voters be made and that the election be held in one and the same building. The chairman of the committee will 309 recollect that in the second district of Port Ann the ewdence giten by Mr. Joy was to the effect that the registry had been held in one building and the election in the other. It is true he testified upon cross-examination to the reason why that was, that it was for the mere matter of convenience of the election board; but I submit to the com- mittee that the mere convenience of the board, or their simple reason why they did not obey these mandatory provisions of the law, is a matter of no concern to this committee, unless it had been shown that the biiilding where the election had been appointed to be held had been destroyed, so that it was an utter impossibility to hold it there; but the mere matter of the personal convenience or of the individual comfort of the different members of the election board, is not sufScient excuse or justification, we submit, for changing the place. On that point I read again from Melvin's case in Pennsylvania: "Holding the election at the place fixed by law is essential to its validity. In such case the necessity must be absolute; not merely convenient." That is, the necessity for transferring it to another place. In that district I believe Mr. Derby received an excess of votes over Mr. Collins of somewhere in the neighborhood of eighty-four. The same argument applies to the violation of the law in the particular of holding it in a room adjoining a room in which liquors are sold. Chairman Eobsch. — That was in reference to the one district; that was where there was a partition between the two rooms. Mr. Whitman. — I will say to the counsel for the sitting member thai we claim nothing in the Sandy Hill case, but we do claim that what is\ commonly know as the Comstocks district, which is the first district in \ the town of Fort Ann, where Mr. Derby received all but fourteen votes that were cast, that the evidence shows that the election was held immediately in the adjoining room. The evidence shows the hotel to have been a building with a hallway going directly in the middle, leading to the second story. On one side of this hallway is the hotel or bar-room, or rather the ofS.ce, and immediately in the rear of that is the bar-room, or the place where the liquors were sold. It can not be disputed that liquors were sold there within sixty days of the period at which the election was held. The place where the elec- tion was held was in the rear part of the immediate adjoining room on the south side of the hotel, and we submit to the committee, that under these rulings under this provision of the law, that that poll should be excluded for that violation, and in that place, I believe, Mr. Derby received a majority of something like a hundred. I desire to say a few words upon the method in which the election was conducted in the town of Whitehall. First, we find not only an 310 active worker in his own town, but a gentleman who has held an office of national importance, who has been a member of congress, one of the best-kndwn Republican politicians in the State of New Tort, we find him about three days before the election, writing to the district attorney of the county and asking permission from him to be allowed to offer a reward for any violations of the ballot law in that town. We find the district attorney immediately answering that by telegram, that there was no authority by law, but if Mr. Burleigh saw fit to pay the reward, he might use his name. What is the long and short of this ? It simply amounts to this, that so far as that transaction was concerned, the principal law officer of the county loaned his name, permitted it to be used by the Republican party to the promise of a reward for what he himself says there is no authority in law, which would notibe inforced against the county nor against him; in other words, he permitted a violation of the law himself, in order to accommodate his Eepublican friends in authorizing the issuing of that hand-bill under and over his name. He permitted it, as we say, not only for the purpose of intimidation, but for the pur- pose, by the posting of these hand bills throughout the town of Whitehall, as they were posted surreptitiously about the hour of mid- night, while honest men were asleep, of lulling the Democrats to sleep, of holding out to them the belief, or the fact that the Eepubli- cans had no means, and hence to throw them off their guard and vigilance to see that the laws in respect to bribery were rigidly enforced in that town.- Look further, and see what was done in that town. We find the sheriff of the county, himself a Republican, we find him issuing to the Republican committee of that town some three or four days before election, blank appointments signed by him, ready to be filled in, thus delegating in an illegal manner to a Repub- lican committee the power to appoint the executive officers of the law. The men wbo should stand in the place of the sheriff should possess almost unlimited power in the enforcement of the law. We claim this was done for two reasons. Chairman Roesch. — This js not on the point as to the right of the district attorney to have issued that. This is on tha point of the power to delegate the power of appointing deputy sheriffs ? Mr. Whitman. — To show this general scheme throughout the county to take advantage of this law, to violate it, to trample it under foot. We find these men coming there and receiving their appointment to these important places, charged with important and responsible duties, possessing almost unlimited power in the exercise of the police power vested in the sheriff of the county; we find them accepting 311 that oflSce, not a single one of them qualified, not a single one of them giving the bond or the surety required by law for the protection of the public or for the faithful discharge of their duties. We say this was done for two purposes : It was done first for the purpose of bribery, as each of these men, with the exception of two, received five dollars from a Republican committee. That under the guise of this appointment they not only were bribed to come to the polls and work that day /and receive their pay for it, but that it also put it in the power of them to intimidate and to deprive men who wished to vote the Democratic ticket of their right to do so, and we have given proof in many instances of threats being made, notably that found in the evidence of Stark, that found in the evidence of Corbett, and that of another witness that men were told, that a Democratic inspector in one instance was told that if he didn't keep quiet he would be sent to jail, and he would be landed in the penitentiary sooner than the man would who was attempting to put in a vote. That was the case of the man who had lived in Vermont and had not again returned to this State for a period of a year. What next do we find ? We find proof in three instances of actual bribery; we find proof, and while I don't in an offensive manner want to diva's in the name of Mr. Burleigh, still it comes here in a legiti- mate way; we find proof as given here, stands here uncontradicted so far as this case now istands, that at least three men received directly money for voting for Mr. Derby. Not only that, we find that one of these men did not receive his pay until after election, and then he went to Mr. Burleigh and Mr. Burleigh told him George Neddo was the man that had the money; to go there and get his pay, and hie did go there and receive it. What next do we find ? I have given to me a list of some thirty meni not only upon the assurance of Democrats, but certain Republicans whose names I do not care to disclose, that they would come here and testify they received the money. They were subpcBuaed, they were brought here in charge of the deputy of the Republican sheriff of that county, and they were followed in here by the private secretary of Mr. Burleigh, who follows them up the hill, rides from Whitehall with them in the cars, comes up here and takes his seat with counsel as though he was one of them. What next do we find ? That with the exception of one man out of that list of thirty, we can not get a single one of them to open his mouth, and then the exhibition which the private secretary made of himself is too fresh in the minds of the committee; he comes up here and sits down with counsel, advises with them, consults with them, and takes the stand and admits his sole 312 6rrand here is to give advice to these men as to the manner in which they should testify. There is where I claim the application of the law, as I have attempted to show you it is, should come in this case. Is not that exhibition of itself, coupled with these other things, with the issuing of a reward absolutely unauthorized by law, which I say by itself is a direct violation of law, for the district attorney over his name, as the chief law officer of the county, to offer a reward which is not justified by the law, in itself a violation of the law, the appointment of these deputies of the sheriff; isn't the evidence given by that man Cowan, taken in connection with all the other cir- cumstances in this case, the fact that this man Neddo was regularly subpcBnaed and that he did not obey the mandate of this committee, that he had not Ibeen seen about his place of business and at his home since then; is not the evidence of this man Cowan sufficient to con- vince the mind, the conscience and the judgment of this committee that the rankest of frauds were committed in Whitehall on election day ? That the greatest of violations, that the greatest of outrages upon the franchise were committed there, and I ask the committee, is it within the power of any man, is it within the power of Mr. Collins or any contestant to do more than he has to convince the committee that fraud, bribery and corruption was rampant in the town of White, hall on election day last year ? Is it possible that this committee can pick out the good from the bad, if it be not, then the authorities, as we all agree, are to the point that the whole polls should be rejected. How is it in the town of Granville and what we do find there? We issue a subpoena for the chairman of th,e Republican county commit- tee, who lives there. He does not testify. We issue a subpoena for the young man, William E. Roberts, who comes here and does testify and his testimony, his manner and his story are fresh ia the minds of this committee. We find upon investigation in the records of the county. clerk's office that upwards of sixty-eight persons were natural- ized in that oHe village before election day, 113 in a county of 50,000 inhabitants. Also in a court which was not regularly called, which had no stated term at the time, which must have constituted itself a perambulating court, and gone about from point to point in the CQunty for the purpose of issuing the naturalization papers, because we find this court in the town of Greenwich issuing naturalization papers to men who had been in the country only two years. Taken in connection with that fact, the fact we call here the gentlemen who says he is aRepublican, who says what his office was on that day, and I again ask the committee does it not convince your mind, does it not appeal to your judgment sitting here with the powers which you 313 possess, not governed strictly by the rules of law governing the pro- duction of testimony in courts of law, does it not bring conviction to your hearts, strong, powerful and convincing that fraud, corruption and bribery ran riot and rampant in Granville that day? How could we do more to point it out ? Does any man doubt, does my friend doubt that that man Eoberts had not been guilty of;the most whole- sale corruption and vote buying on that day? If he had not, why was his mouth closed? and we submit that under the other evidence in the case upon all the facts, taking them all together, that the evi- dence is such as not only to justify, but to warrant us even to demand that this committee cast out those polls at least which are within the ' precincts of ,the village of Granville on the ground that the grossest fraud and corruption have been shown to exist there. Come to the town of Greenwich. We find residing there the Republican feounty treasurer; we find him taking an active part in the election; we find him offering men money; we find not only him, but the Republican postmaster, and numbers of others, prominent Eepub- , licans, openly and persistently violating the law in reference to the limit within which the electioneering should be carried on at the polls. There is the testimony given by the two Herons, of McFadden. We find the Democrats remonstrating, yet we find time after time they are back in there although the Democratic watchers remonstrate, the Democratic inspectors remonstrate and the Demo- cratic workers outside remonstrate with those men, yet openly and notoriously . all day long they peddle tickets, in some instances directly within the railing of the polling places as the evidence shows here. I have not time to refer to it in detail. So it was in other districts there, and not only that, but we find these two gentlemen, Mr. Lavake and Mr. Stillman, the Republican postmaster in that place, going in with some thirteen men claiming to be physically disabled when they knew that their only physical disability consisted in the disability of the mind, or of the learning sufficient to enable them to read, yet we find th_em accompanying those men in there, and so it goes all day. We find them snatching tickets out of men's hands and putting pasters in, and we find them in one instance driv- ing away the whole""Grant family, with the exception of the father, frightening them, or attempting to frighten and intimidate them from voting, so much so that they did at one time leave the polls and refuse to vote until they were given protection, and not until then did they succeed in casting their ballots, and so it went on in the different districts m the town all day long during election day. Can it be doubted for a single moment that there was not fraud, bribery, 40 314 intimidation and utter contempt and disregard for all the wise pro- visions of the so-called reform ballot law, were they not all recklessly and ruthlessly trampled under foot, disregarded, set at naught? Merritt Finch, a well-known Democrat and a veteran, was asked by Mr. Lavake if he had not changed his mind about voting, if he had not come to another opinion so he would vote another ticket, and was told the Republicans had lots of boodle there that day. I have here the number of votes from that district, Derby had 182, Collins ninety- five, majority of eighty-seven. The answer that would first come to the lips of the superficial thinker about the remedy for all this would be that the courts are open for the punishment of these violations of the law. That is true they are, but what are you going to do in a county like the county of Washington, which is Republican by from twenty-five to thirty-five hundred; what are Democrats to do where all the machinery for the punishment of the men violating this law is in the hands of the very men who receive the benefits of it ? What are you going to do when the courts, when the sheriffs, when the prosecuting officers themselves and when even the very grand jurors themselves are made up by the Republican supervisors. We are remediless; as well might you pray to the judge of the infernal regions as to go there and knock at the doors of the court for relief or remedy. You can get none. And while the slow process of the law, even if you should invoke it and inforce it, the beneficiary, the recipient of all this violation would sit here holding his seat to the end of the session and receiving all the benefits of it, and the people be deprived of their true choice in the matter. This is a matter about which I feel deeply. If this thing is ever to stop and if the provisions of the reform ballot law are to be enforced in spirit as well as in letter, I submit that the remedy lies not with the court alone, but it lies here at the fountaia head, right in this senate chamber and put in opera- tion the machinery which will compel the right enforcement of this law and the protection of the minority in these counties. It is all over the northern part of this State, the machinery of election, the courts, the prosecuting officers, the sheriffs, the men whose duty it is to enforce the law are all with the other side, and we are utterly remediless, unless this senate and the committee of this senate charged with this duty takes it upon itself to stand up in a manful way and assert what the law is, and having asserted it, enforce it like men knowing their rights and daring to do it. I don't care to drag politics in this matter, I don't want to, but I simply desire to say in closing to this committee, that 1 stood here two years ago defending the seat of Mr. Collins all through the session when he had' a majority of over 315 three thousand, when there never was a claim made that he was not elected by at least two thousand majority of the fair legal vote cast in that district, yet I stood here and heard it claimed from the mouth of counsel representing the contestant, that he should be thrown out simply for an example, and I know of newspapers whose editors are men and gentlemen who would not, commit petit larceny, I have known their editorial columns to teem with abuse from day to day, calling upon the committee upon privileges and elections to do their duty and to throw Mr. Collins out and to throw Mr. Chase out, not upon the claim that the evidence showed they were not fairly elected, but that something must be done, as they said, to put a stop to the frauds in the city of Troy and city of Albany, such arguments as these. We have seen the spectacle in Washington of men having 18,000 majority thrown out - and all the people said ampn, but the minute a Democrat comes before some judicial body to contest a seat, even as I know a matter fresh in history. The great clamor was last fall submit these cases to the court, and I sat here in this senate two years ago and listened to a wise and statesmanlike document from the pen of David B. Hill recommending contests of this kind be taken from the senate and given to the courts. At that time I thought it a wise provision; since that time I have doubted its wisdom. Why ? Because when those contests by agree- ment have been left to the highest tribunal in the State; when they have accepted, for the sake of the peace and quiet of the State, the discharge of the duties pertaining to them, although they could in the exercise of their strict jurisdiction prevent the hearing of them, when they have taken them like lawyers and like judges and considered them the same as they would any other case coming before them, and have decided them upon their honors and judgments and solemn responsibility of their oaths as judges, why they even no more than a committee of this senate have been free from the wrathful criticisin of the press of the defeated party; and even one journal in this city, upon the death of Chief Judge Ruger, said that it had been better for his family had he died one month earlier. Now, 1 simply say to this committee that I stand here believing Mr. Collins to have received an honest, fair, legal majority of all the qualified voters in this sixteenth senatorial district; and I submit to the committee that upon this evi- dence, governed by adjudication, after adjudication not only in this State, not only in the courts in this State and in the courts of other States, but in the house of representatives and in the senate of the United States, that the evidence is sufficient to justify, left to stand here now, the unseating of Mr. Derby and the seating of Senator Collins. 316 I desire to say this further, I have no feeling in this matter against Mr. Derby. I know him to be an estimable gentleman, a good citizen, a man of repute, to be in every way worthy a seat in this senate; but the law says it is not the individual — it is the party 'Who have the interest here; it is the voter; it is the elector, and it is not the indi- vidual that is interested in this; and I submit to this committee that, upon the evidence as it now stands on this motion to dismiss, were it( left here now for a decision by this coiaamittee and no further evidence given that Mr. Collins has been shown entitled to have his seat, and I submit, therefore, that the motion to dismiss should not prevail but should be disallowed. Mr. Wm. J. EocHE. — If the committee please, I will attempt to sup- plement remarks of Judge Whitman with but a few suggestions. At the close of the contestant's case the counsel for Mr. Derby makes a motion which is practically a motion for a nonsuit. He admits the facts which are proven before the committee and the most favorable inference that can be adduced from these facts, and yet insists that the specific number of cases proven before the committee, of persons who cast illegal votes, or of legal voters who were prevented or refrained from voting as such that, allowing for them all, Mr. Derby still has a plurality of the votes and is entitled to retain his seat. That is all well enough if the committee will confine themselves simply to these special cases where we have produced witnesses to testify in regard to their own conduct or the conduct of certain speci- fied persons on the day of election, but it is the duty of the committee to go beyond the specific cases and to find out if they represent and if they characterize the conduct of the election for the office of senator in Eensselaer and Washington counties. What do these specific cases represent; what influences; what were the effects which they produced; what is the result that followed from it? For that purpose it is necessary that we should make a brief summary of this record of facts proven before the committee and what that record shows. I submit there never was a case presented to a committee of this body which showed more fully and completely more and greater violations of election laws, intimidation, undue influence, utter reck- less disregard of the plain provisions of the statutes and bribery than the case which has been presented to this committee on privileges and elections at the suit of Collins against Derby, for that is prac- tically what it is in one aspect of it. That record shows that Repub- lican workers ia many localities swarijied, as one of the witnesses used it, all over the polling place. They were inside and outside the guard-rails. No person had any business inside the guard-rail at the . 317 polling place except the ofiBcers of election themselves and the voters- who went in there and received their ballots and passed from the officers into the voting booths; even the watchers themselves are not allowed during the progress of election to be inside that guard-rail, and it is made their duty by plain provision of the statute to stand outside of it. There they will be afforded fair and full and free opportunity for seeing who passes in and who passes out, and what persons apply for tickets, and opportunity to challenge them if they are not legal voters; and even the watchers themselves, recognized authorities under the law, have no business inside those guard-rails; and yet this testimony is replete with instances where the officers swarmed inside and outside. They gave out paster ballots in sight of the election officers. In one case, I believe it was in the fourth district of the town of Brunswick, in Bensselaer county, a box of paster ballots was put on the table early in the morning when the voting began. It reinained there all day and some of the Republican election officials, one an inspector and one a ballot clerk, resorted to the paster ballots in that box right there on the open table whenever there was a call for it. One of the witnesses testifies, in his district it looted more like Eepublican headquarters than a polling place., Another tells about prominent Republicans electioneering within a few feet of the polls, such prominent men as the county treasurer and postmaster, and, as* he says, catched about everybody they could in the loose line. Men were bribed to vote for Mr. Derby, did so and received theii^pay from recognized Eepublican workers, either on the day of election or the day following. Other men whom it was feared would in the secrecy of the booths not keep their promise to vote in certain ways, were bribed to stay away from the polls, to turn away and not vote at all. That was safer than to trust a man whose incli- nations or politics were naturally Democratic to go inside, and, per- /haps, after he had received the bribe or had the promise of it, he might defeat the purpose of his political enemies; and, as there was, in fact, a secret ballot, come out and vote for the Democratic candi- date. So, it was safer to keep such men away from the polls alto- gether, than to trust them to go inside. Some men were furnished with tickets to go out of town. The committee can hardly fail to -4 remember those cases of the men who received not only ten dollars apiece for tickets to go to Lime Rock, and, at least two of these per- sons who we made an effort to subpoena at the very first hearing of this committee, were intercepted by Republican workers, one of them a lawyer named Greene, and paid the night before they were to appear here to go off to North Adams, out of the State ; 318 altogether and right here, at the very next session of the committee there was a telegram produced from one of them saying where he was, off in some other part of the State of Massachusetts, and I believe the elegant word he employed in regard to his condition was that he was " strapped," and wanted to know if he couldn't be got back in some way or another. Democrats known to be voters were intimidated and threatened with arrest if they threatened to vote, and I desire to call the particular attention of the committee to the Greene case, for although it appears that the Greenes voted, that these men while at first frightened and going away from the polls were yet brought back there by a stalwart Democrat who had the courage of his convictions and was bound not to be bulldozed no matter how great the political majority there was against him, yet it shows to what desperate straits these men resorted, the things they were not only capable of doing but were anxious to do and did do in many other parts of the county on that day. In Hoosick Falls, as well as other places, a system was devised of marking the ballots. What was that system ? As the com- mittee know, there are always two candidates for the office of justice of sessions. It is a very unimportant office in our county. Each party nominates one, and the two receiving the highest number of votes will be elected. What thing easier than if you want to bribe a certain number of voters and find out whether the goods have been delivered or not than to say to those men, both of those persons who are on as office of justice of sessions will be elected anyway; we can afford to lose a great many votes, you can cross off the name of the Eepublican or Democrat, and if either one of them receives half a dozen votes in the county he is elected to that office. You cross off the name of the candidate for justice of sessions and write something else on there, and we will know then when th(B votes come to be counted whether what you have promised to do was in fact done, and what we have promised to do by you we will in fact do when we have proof of the performance of the agreement. That was the case not in one district of Hoosick Falls, but in every one of the six districts about which wit- nesses were examined before this committee, ranging from six to thirteen in each district of the names of persons who were crossed off, of ballots upon which were erased the name of office of justice of sessions, and that of John Doe or some other person entirely unknown in the district who was not a candidate for the office written on. Was it accidental, was it a simple isolated case, was it a whim of one or two voters, did somebody do it for fun? Not at all. The thing was too . extensively done, too extensively done in that town, too effectively done, its purpose and object too plain to have it for a 319 moment thought that it was simply the foolish conduct, the whim or the notion of a few voters, rather than a deep seated project and plan agreed upon by the political workers at the differept polling places in that town and other towns where it was done for the very purpose of ascertaining whether the purchased voters had in fact voted as they had agreed to do. We have had another singular piece of testimony from the same town. There is a beetive of industry there known as the Walter A. Wood shop in which twelve to fifteen hundred men are employed. A great body of those men are Democrats. They take a great deal of interest in elections up there and it is a rare thing for a man to neglect to vote whether at the spring election or fall election, and yet it was a very singular circumstance that a large number of Democrats on that day refrain from voting. Not only did not a large number of them come near tbe polls at all but stayed in that workshop, which, it is very singular to say, was for the first time in several years open and in operation on th,e day of election, but a great many who came to the polls for the apparent purpose of voting were approached by Republican workers, talked with, turned on their heels and went away. Chairman Eoesoh. — I don't recall what the evidence is as to those works having been closed in former years. Mr. Roche. — Always shut down, it was a kind of a holiday, free day among the men. They take a great deal of interest in politics in the town of Hoosick, and the great body of the people had no work on the day of election, they crowd around the polls. Another singular circumstance was that one of the fairest and best witnesses that you had here before you, an active Democratic worker, in the afternoon at 2 o'clock, when he found out in his district they were fifty or sikty short in the number of Democrats who were expected to vote and who had been accustomed to vote, he went down and across the bridge and along the gate-house for the purpose of going in that shop to urge the men to come out; the gatekeeper for the first time refused to permit him to pass. What was the meaning of it ? It will be exceedingly difiicult for us to prove that any order, verbally or otherwise, was issued by any one of the Republican bosses in that shop, and they are all Repub- lican bosses except one, the men should not go out. , They will not come here and tesGfy to any such thing. They may not have said a word that in law would be considered proof, conclusive proof, but the thing was in the air, it was just as effective as it was seciret, and every man in that shop who refrained from voting did it upon a belief and the understanding that it was not advisable, if he was a Democrat unless he could be a purchased Democrat, unless he was a Democrat 320 whose purchase and sale could be relied upon, that he had better stay away from the polls altogether and earn a day's pay in the shop, for the shop had been idle for some time and very singularly started up all of a sudden the day before election, couldn't wait, as it had done in years gone by, for twenty-four hours to go by and start the day after. That is what we had in Hoosick Falls. In other places, it appears from the testimony that men who either were not registered or did not have the qualifications of residents in that district, voted, and stalwart Eepublicans stood behind them to encourage them to swear in their votes and insist of their right to vote although the cases were plain that they were not entitled to vote, the men themselves not believing it, and nothing but the merest quibbling in the world could satisfy any individual whatever that these persons were entitled to vote. In other districts we have paster ballots on the back of official ballots, six of them in one district, although the ballot reform law expressly provides that nothing shall be on the back of that ballot but ' the designation of the polling place and the fac simile of the county clerk's name, and expressly provides in the most ample way for writing or pasting the name of all the officers and all the candidates for the offices, or any single one of them upon the inside of the official ballot, and yet individuals chose to make law for themselves, to put their paster ballots upon the back, and I submit that I don't care how you fold that official ballot, if there is a paster ballot on the back, its secrecy is destroyed and its contents can be made known to any elec- tion officer, particularly if he is a man of any experience. We have, in other cases, men who swore they were physically dis- abled and wanted Democrats to go in with them. No trouble about Republicans, who were physically disabled, being allowed to take in any of their political friends, but we have several instances where Democrats were not allowed to take in men of their choice, but per- niciously active Eepublicans were sent in with them, and in one case we have an individual boasting of how he came it upon a Democrat who was not allowed to go in. That was the state of affairs that existed in many parts of this dis- trict, and it was all supplem'ented by the great piece of work which was done up in Whitehall — Whitehall, a town to whose people the record of faithful service for its working people, for its canal interests, Mr. Collins, in four years of service here and one in the lower house, was specially commended. A town whose people, upon his appear- ance before them as a candidate for public office on previous occasions, always accorded him large majorities, but this year, for some reason, 321 the majority was wiped out, and it resulted in a minority. The busy Henry G. Burleigh had, in some way or another, got a vacation from being interviewed by the correspondents and reporters of the New York press, and he bounded into the political arena last fall in White- hall, and, I tell you, things were made to start away in a very lively style. Talk about undue influence, talk about intimidation, talk about bribery, why, sir, this man, among the very first things he did, was to get up an election poster offering a reward that he had no right to offer. He then had sworn in a large number of deputy sheriffs, not one of -vsrhom took the oath of office, not one of whom accepted the appointment; blaink papers were issued appointing them; they stood around the polls the day of election for that purpose, and the next day they received their five dollars apiece from the committee of the Bepublican party. This result in Whitehall of the last year must have been produced in some way or another. When yow find, all of a sudden, without there being any popular reason, without there being any great upheaval of pablic agitation with the people who have been accustomed to voting in a certain way, turn around and vote the other way, or at least their votes are counted the other way, there must be something to account for it. Reasonable men will ask them- selves: What does it mean? What brought it about 1 And can there be any doubt in the minds of this committee as to what it was ? Can there be any doubt as to the work of Burleigh and his agents ? We have had here the evidence, the testimony of men who have actually confessed to receiving bribes, and there is not a man present in this room but knows the extreme difficulty of getting a voter to come upon the stand and confess to that fact. We had here a batch of fifteen or twenty more of them, whom we knew were bribed. We had reason to know it. There are some fellows up there in that town who have been talking since the day of election, and we wish we could get their mouths as open here before this committee as they were during the period between the third day of November and the first day of January. These fifteen or twenty men came down, it was developed, in company with Burleigh's private secretary, who all of a sudd.en had taken an interest in the journeys of these men from home. Never ■ helped them before, never saw they got to the right platje, and his sole purpose in coming to Albany with these men was to see that they told the truth. I suppose Burleigh's secretary was satisfied that by their silence, when they got down here and we wanted to talk with them, that they told the truth, and only one of the batch escaped, poor Michael Broderick, who, for some reason or another, either because he did not observe him on the train, or because he got lost ^41 322 here in the Capitol or on the streets of Albany, that elegant and innocent young individual who has seen many years of active service in Washington, and yet hasn't got any hair on his face, up to the present time failed to get into company with and instruct him as to what was meant by telling the truth. Now, if the committee please, in view of this state vOf affairs, what are you asked to do? Tou are asked upon thig motion for a non- suit, as I call it, to hold that because you .may be unable to ascertain the exact extent of this system of bribery and intimidation and influ- ence, which was exercised on the day of election by actual numbers, that you disregard all this proof and end this proceeding right here. Is that the law? I submit it is not any such thing. Let me give you a few references to some of the decisions of the court on that point, and see if I am not right in the claim that as a matter of law, as a matter of duty, as a matter of justice, if this committee is reasonably well satisfied that this conduct, proven here before you, characterizes that election in many localities throughout" the county, that these illegal acts were resorted to, but you can not for one reason or another ascertain the exact number of illegal and corrupt acts, yet, that being so, well or reasonably satisfied in your own mind that the true and honest result of this election is doubtful, you have a right, it is your duty to throw out these polls and to award this seat to the contestant. In the matter of Carade v. Poster, Election Digest, page 600, it is said: " It has long been held by all judicial tribunals of the country, as well as by the sessions of congress and the legislature of the several States, that an. entire poll should be rejected for any one of the three following reasons: 1. Want of authority in the election board. 2. Fraud in conducting the election. 3. Such misconduct or irregularities as render the election void. I have another authority here, it is that cited by the learned coun- sel for Mr. Derby two years ago, when he was piping a difiEerent tune from that that we hear from him now, and was engaged in the tremendous effort of trying to unseat a man who had over three thousand majority, because there were illegal or irregular votes cast in the city of Troy to the numbers of some hlindreds, as he declared, and in one case it was sought to prove that a box, the entire box, had been abstracted, and my friend announced this as good law. There is every reason in favor of the rule that where frauds against the elective franchise, by way of fraudulent voting, is shown to be the result of a conspiracy, or plan, on the part of one of the great parties. If the fraud is deep-seated and is not capable o^ exact ascertainment, 323 the representatives of that party shall suffer the extreme penalty of having the tainted districts disregarded in the legislative count. Such a rule is just and right. It is effectual. It will tend to stop a repetition of the crime. The underlying principle invoked is analagous to that applied in the case, where, by reason of intimidation, whole polls werj'^rejeoted. I also cite here the case of Piatt v. Good, Smith's Election Cases, •page 676, where it was held, "that when, illegal or fraudulent votes have been proven and the poll may not be purged with reasonable certainty, the whole vote must be rejected." How are you going to purge the polls in Whitehall and some of these other districts 1 How are you going to say that only the number of men who actually appeared here before you and testified to bribery, that they alone were the men who were bribed ? There was the will, was there not; there was the opportunity, was there not;^there was the wherewith, was there not ? Not a particle of doubt about it. Is there any man who in reason and common sense will say, that with all these things combined, and with actual cases produced before you of the operation of the will, the opportunity and the wherewith, with a big town changing its political majority from former years into a political minority, that only three men who confessed were bribed, or have you a right to say has all the facts, has all the inferences, has your own knowledge, common experience and observation j ustified you, saying that this whole thing from top to bottom, in the districts of White- hall, was permeated and impregnated with intimidation, improper influence, bribery, corruption, illegal acts, of every kind and species, such as are resorted to on the day of election by active, earnest, political partisans. Two years ago, in the case that I referred to, the learned counsel announced the doctrine in these words, and I think somewhat appli- cable here: "I say that the rule should be in such circumstances that the party that instituted the iniquity shall not alone have the districts tainted by fraud thrown out in the first , instance, but that they shall suffer the extreme penalty and not be permitted to enjoy the fruits of the election, if the election depended on the disputed districts." In Cushing's Parliamentary Law, page 70, section 189, this rule is' laid down: "Freedom of election is violated by external violations by which the electors are constrained or by bribery by which their will is corrupted, and in all cases where the electors are prevented in either of these ways frem the free exercise of their rights, the election will be void without reference to the number of votes affected thereby." 324 In the case which was reported in Congressional Election Gases, page 453, it is said : " In England bribery is an offence of so heinous a character and so utterly subversive of the freedom of elections, that when proved to have been committed in one instance only, and though a majority of unbribed votes will remain, the election will be abso- lutely void." I do not claim that to be the American doctrine, and I do not think such a rule should be applied that either a political party or an innocent candidate should be made to suffer for one, or even isolated instances of illegal or corrupt acts on the day of elec- tion. Id the same case it* is said: "The rule undoubtedly is in this country, that where bribery, fraud or intimidation is so interwoven with the vote of any precinct that it can not be eliminated from the aggregate vote with certainty, the whole vote of the precinct may and perhaps should be rejected." This was considered good law always, and my friend, I think, made use of some such decisions a few years ago. But, whatever piay be the decision and cases of the past, we have now in force in this State, and our courts and legislative bodies are called upon to enforce, the very stringent provisions of the new acts passed within the past two years, and known as the baUot reform act, and the corrupt practices act. This ballot reform act, which is the result of considerable popular agitation and discussion, by its very title is declared to be an act to promote the independence of the voter and secure the secrecy of the ballot. Up in Washington county how did they apply it ? Promote the independence of the voter ? The act says you shall not do any electioneering within 150 feet of the polling place. That is a method of the law to enable the citizen to go in freely,' unobstructed, unin- fluenced by any political friend or any other person, and prepare his ballot and cast it, only within the eye of his own knowledge, and of his God, and the independence of the voter, the secrecy of the ballot, is permitted by the polling place swarming with partisans, by not alone official ballots, but by political party pasters being exhibited at the same place and upon the same desk as the ballots recognized by law; provided for by law. By election inspectors and officers resorting to those and handing them to the voters, by political persons urging men to swear they are physically disabled when nothing in God's world is the matter with them except ignorance, and going in the polling place with them, by political partisans soliciting and urging and besieging voters within this precinct that the law says shall be sacred to the independence and secrecy of the voters. That is the way independence and secrecy were permitted at the last election in the county of Washington. We have got in this IState one of the 325 brightest gems in the diadem of the Empire State, but it has been robbed of its luster and some of the glory to which its people are entitled by the abuse and misrepresentation of persons in our own town, where they have made their living, and their wealth, fouled their own nest, I refer to the lies that have been sent broadcast about our own city, Troy, throughout this country, a city which for its charities, its intelligence, the virtues and the honesty of its people, for the distribution of wealth among its people, for the number of its citizens who own their own homes, has no superior in the State of New York, and above all things we have been misrepresented as vile; as the worst that there was in political matters, men's rights were trampled upon, the minority had no show, everything was subversive to law, and justice and truth. Up there we have had for years two inspectors of election from each political party, and two ballot clerks from each political party, and four poll clerks, two from each political party, and any number of watchers. Why, sir, the Democratic major- ity in the city of Troy never attempted to, never thought of conduct- ing elections with as high a hand as they have been carried on in the county of Washington. Chairman Roesoh. — You say you have two inspectors 1 Mr. EooHB. — From 1880 up to the presept time we have had four inspectors of election, four poll clerks. Since 1890 two ballot clerks, and both political parties were equally represented in all these things. That is the state- of affairs that we have had up in Washington county. That is the independence and secrecy that have been accorded to the voters; that is the way in which this law has been recognized, and yet, Mr. Chairman and members of the committee, you are asked to see if you can not purge the polls. Let us down easy. We did commit some offenses. James Lavake, our county treasurer up there, a promi- nent and respectable man, of course he was a little active, and he went inside and violated the law. Punish Lavake. The postmaster did the same thing. Punish the postmaster. No doubt there \/ ere Democratic persons who were just as zealous, and they violated the law. Punish ' them; purge the poll. It is true that we have been in there doing all sorts of violations of the law, but you do not prove how many we did influence, you do not prove labw many people that actually inside ihe polling place put paster ballots into other hands; you only give us a certain number, and we are willing to strike out that number and purge the poll, and still the honorable gentleman from Sandy Hill is entitled to his seat. Can you say how many were not influenced? Can you say that with the will and the opportunity and the performance of these acts that not twenty-five but only six in any particular district 326 where these things occurred were not influenced? That they were not intimidated ? How can you say as to what the effect upon the minds and the votes of many of these electors was from the conduct • and the persons of influential men like Lavake and the postmaster ? Influence is not always an overt matter; you can not lay your hand upon it all the time; you can not always see by positive act what is done, what it has accomplished, but you know it from its results just the same as if it was written out in black and white, and if it was a physical object before your eyes. It is impossible for you to purge these polls of these illegal acts. Instead of undertaking to purge the polls, the effort of the committee should be tbmake these men account for their violations of law, to answer to them, not to sit here and say, " Tou have proven such and such things, but we can strike them all out and it won't affect the result, and we will enter in no defence, explanation or denial, but we want you with all this testimony to non- suit the plaintiff." That might do for the plaintiff, it will not do for the great constituency which is the real party in interest. It will not do for the people of Rensselaer and Washington counties, who have greater interest in this question than that of the mere wishes and interest of Michael F. Collins and John H. Derby. You do not try this case between an individual plaintiff and an individual defendant. The enforcement of law, the purity and freedom of elections, justice and decency, and the conduct of elections, fair conduct between man and man, no matter how partisan they may be, party issue is at stake before you. They are the principles which the people are wanting to enforce and have applied. These laws recently enacted, containing, as the committee will see, and I do not think it is n ecessary to read them, I make the suggestion before you that in your reference to the ballot reform act, you also take record of the very stringent provisions of the corrupt practices act, particularly of those sections where it is declared to be unlawful for any person, directly or indirectly, by himself or through any other person, to commit any acts which are prohibited here by the statute and section 41. What is sought here ? To admit that they are infamous crimes but that the beneficiary shall not be punished for it. Indict the agents, denounce the wrong, con- demn the violations of law, but permit* the beneficiary to retain the benefits of the wrong. There may be some justice and some prin- ciple; there may be tribunals in which that would be applied. As a lawyer, I have never heard yet of it; it certainly should not obtain before this tribunal, unfettered as it is by any technicalities, by any narrow principles, sitting here for the purpose of doing justice, not between individuals alone, but in the name and in the majesty of the 327 law, to see if it has been violated; if it has been violated to undo the wrong, so far as it is in your power and the power of the senate to do it, and that there shall not be any repetition of such crimes. I submit, therefore, if the committee please, that this motion should be denied and that the contestant should be compelled to resort to his proof, denying^ if he can the testimony of the most conclusive character which has been presented before this committee. Mr. Wellington. — First let me congratulate my learned opponents upon this occasion. It is one that I doubt not they have long longed for; that is, an opportunity to talk about Eepublican frauds, for they listened to cross-examinations concerning Democratic frauds a good many years and I know how they feel. The argument that Mr. Eoche has made I can best answer by asking him and asking the committee what he wants to do in this district, in which he has proved bribery. In the statement I made up and submitted to him yesterday and to the committee I have enumerated each district in which any proofs of bribery is to be found; my statement in that respect has not been challenged. Let me for example take the district in which James O. Lavake was an active worker. Mr. Lavake was the treasurer of the county, and, as my friends say, was too active on election day. He took disabled men in the polling booths and prepared their ballots for them, and, there were other irregularities; there was a suggestion there was possible bribery t^ere. I would like to ask my opponent what he is going to do with that district? Does he say throw out the poll? Then throw it out. In my brief that I submitted, which I was in hopes my friend would answer, for the sake of argument I threw out that district; now it is out once, in my brief it is disputed, the figures are given and they are not disputed. The majority for Mr. Derby, for the sake of argument, is thrown out; what more can be done? Learned, counsel has taken up considerable time in discussing that district, and he says my position is that only the specifically illegal votes tha,t were cast should be deducted.. I have not assumed that position. The law that has been read here is well settled; I am not here to dispute the principle. Chairman Boesch. — I don't think there is any dispute between coun- sel as to the law, on either side, so far as I have paid attention to the argument. Mr. Wellington. — I have not assunaed to ask this committee to overrule principles that are too well established to be doubted for a moment. All I ask is, apply them to those tainted districts; you can't more than throw out the plurality. All I have to say in answer to this — and I am a little embarrassed in making the answer — perhaps 328 the committee may imagine how I feel; I say it seriously and sin- cerely, I am in the presence of power that is undoubted. It is not necessary to cite a section from some book to convince this committee that they have the power to act in this matter; we acknowledge it; we are conscious of it; I am in the presence of it. And it has not alone power to do what is right, but it has arbitrary power; it may do what is wrong. In the presence of that power I bow in submission, and I am not here to beg. My client is not here to beg. He is not here, as the learned counsel has said, to ask this committee to let him down easy. I have not suggested such a thing; I repudiate it. All that I do ask, and I do not insist upon it, for I am not here to suggest by insinuation that the committee will not do right; all that I am here to say is, if it please the committee, that, as I underBtand the evidence in this case, as I understand the principles, if applied to that evidence, the sitting member is entitled to retain his seat if right is done. That is" all. I am not here to say that if political exigencies should arise which should demand his ' seat, that the chairman or the other mem- bers of the committee would regret if they should take the seat from him. I am not the judge of their conscience; I am not the critic of their conduct; I am not going to attempt to guess at what they might do under given circumstances. I am simply here to say to you, gentlemen, this man is in your power; Mr. Derby is completely in your power ; he does not question it for a moment ; all he asks is that right be done by him. Is it right to reject a poll, the fourth district of Brunswick, because the polls opened forty minutes late, and the Democrat who was on the stand swore that they had a fair election there, and there was not a Democrat who was deprived of his vote, that there was no attempt at fraud, there was no intimidation, but that the election was a fair one ? Is it right to reject that poll that gave Mr. Derby a plurality of 118 ? Chairman Eoesch. — Has there ever been a calculation made as to how many voters could conveniently, and without particular hurry about the matter, vote within the period of an hour under the Saxton ballot reform law ? Mr. Wellington. — I do not know of any; they are given a certain length of time. In this case, of course, it is easy to say that a poll should be rejected where there has not been opportunity given to voters to exercise their privilege. That is a remark I concur in heartily, but I do submit that there must be evidence that some one has been denied that right before a sitting member can be deprived of his seat. That is right. 329 Chairman Eoesoh. — Were these polls to be opened merely under a provision of the law they shall be open from sunrise to sunset ? Mr. Wellington. — No; these polls were to be opened at 9 o'clock; that has been the law or custom in these country districts. Chairman Eoesoh. — Is that so throughout the State ? Mr. Wellington. — I understand it to be so. This poll was opened forty minutes late, from 9 in the morning until 4 in the after- noon. It has been significant to me, I have observed, that the remarks made by learned counsel for the other side considering frauds com- mitted, bribery practiced, etc., all occurred in these districts that in my brief I have asked should be disregarded, for the sake of argument. Now they must show, in order to win, that there were additional frauds or additional irregularities in additional districts, or else Mr. Collins can not be awarded this seat, except by the use of arbitrary power. Chairman Roisch — Let me ask you, you don't pretend in these figures you have admitted that the Whitehall district should be thrown out ? Mr. Wellington. — Certainly I have. Chairman Eoesoh. — The entire vote? ^ Mr. Wellington. — Throw it all out. The majority is only nine for Mr. Derby. Chairman Eoesoh. — Tou want to throw out the nine simply? Mr. Wellington. — I have given it on my brief, every single district thalt is tainted by bribery. I say disregard it in the Democratic districts where bribery was proven by the Eepubli- cans, even to the extent of one vote. Add that vote to the vote of Mr. Collins. What else can be done ? Chairman Eoesoh. — The difference there is that you claim disregard the majorities, they claim disregard the vote. Mr. Wellington. — Throw out the poll. Mr. Whitman. — On the Eepublican side ? Mr. Wellington. — That never has been done. That is arbitrary power which has never been done in this country or Europe. Mr. Whitman. — How would we get the benefit of it under that rule ? Suppose the majority was 450, as it was when he ran against General Eogers, which we say is his normal vote there. Mr. Wellington. — I know the vote of Senator Collins last fall in Whitehall was larger than the vote he received in 1890, when he ran againt Congressman Quackenbush. What is the use of trying "to answer such arguments? The second district of Easton the polls opened an hour and a half late. Mr. Derby's majority was ninety- four, in my brief. The most that can be gleaned from the evidence is that six men drove away, one witness said. Take them out, add 42 330 them to Mr. Collins' yole. The witnesses all swore there was a fair election in that district. Their witnesses swore to it, and the com- mittee may remember one witness who took the stand who swore that he knew two men who had driven away that morning because the polls opened late. Test their sincerity and good faith. That witness was brought down here at the expense of the State to testify to that fact, that two men had driven away in the morning because the polls had opened late, and it turned out one of the men was the father of the witness and the other was a relative, and both men came back in the afternoon to vote. Reject the district. I admit the power to reject it, I deny the right. Is that right ? There is no evidence we can offer to change that. There is the fact. The polls opened late in both those districts. We might sit from now until the end of .the ses- sion offering evidence and we can't change the fact, and we can't change the fact that it would be wrong to reject the poll. The learned counsel says that in the first district of Fort Ann eighty-eight votes must be rejected, because the election was held in a hotel where liquor was sold, but liquor was not sold in an adjoining room, and the testiniony so shows. Mr. Whitman. — That is a question of fact. Mr. Weli/ington. — I understand it is a question of fact and there is the fact. Mr. Whitman. — We assert the proof shows it was an adjoining room. Mr. Wellington. — The proof is there and the evidence is there; it wasn't in an adjoining room. Arguments that have been made relate to the district that, in my brief, for the sake of argument, I say may be disregarded, and the result is not changed. If the districts in Brunswick and Easton and Fort Ann, and two additional districts that were named should be arbitrarily disregarded, it would change the result, and all that I can say is, gentlemen, such a result can not be anticipated, because such a result would be wrong, and hence, in conclusion, the question presented to the committee is not a question of law, it is not a question of fact, it is a question of morals. Will the committee do what is evidently right ? Chairman Eobsoh. — As to the Collins-Derby contest, the committee will not make any further announcement for the present than simply to say, we will ask counsel for Mr. Collins to hand us his brief, which we understand he has now, and the committee will confer and examine both briefs. The decision of the committee will be announced through the stenographer, who substantially acts as clerk) of the committee, to counsel upon each side. The committee then adjourned, subjec^; to the call of the chair. 331 Albakt, N. T., February 29, 1892 — 1 p. m. The committee met pursuant to the call of the chair. Present — Chairman Ebesch and Senator Endres. Chairman Kobsoh. — I believe we are re4dy to proceed. Mr. Wellington.— We will call Elmer Barnes. Chairman Eoesoh. — Was he subpoenaed again for to-day? Mr. Wellington. — Yes, sir. Mr. EocHE. — It may be that he will come, on the train that gets into Troy about 1 o'clock, from the north. Mr. Wellington. — Mr. Barnes not being present, I shall be obliged to move to strike out his testimony, given on direct examination. Mr. EooHE. — I understand he has sent an affidavit, which is in possession of Judge Whitman, who has stepped out for a moment. We understand that Mr. Barnes has to attend a meeting of the town board to-day, and can not be present. Mr. Wellington. — Then, my right to cross-examine him further will be extended until the next hearing ? Chairman Eoesoh. — It certainly will be; not only will it be extended to the next ideeting, but to any subsequent meeting, in order to give you an opportunity to further examine him. Mr. Wellington. — Gentlemen, will your side notify him to be here at the next meeting ? Mr. Whitman. — He has presented an affidavit thait he can not be here until Thursday, He sets forth that he is one of the justices of the peace of the town, and that the town meeting is to be held to-morrow, and that it is necessary for him to attend the meeting called for this afternoon, in order to make arrangements for the voting to-morrow. Mr. Wellington.— That will do. Mr. Whitman.— ShaU I file this affidavit? Mr. Wellington. — I will take your statement. Stephen L. Stillman, being duly sworn, testified as follows: By Mr. Ingalsbt: Q. Where do you reside ? A. Greenwich. ' Q. At the last election were you a worker, a Eepublican worker? A. Yes, sir. Q. At what poll ? A. First district in the town of Greenwich. Q. What is> your occupation ? A. Dentist. Q. You are the postmaster at Greenwich ? A. Yes, sir. 332 Q. The polling place iu district No. 1 was at what is called the Opera House ? A. Tesi sir. Q. State if you saw Democrats soliciting votes within the prescribed limit of 150 feet of that poll on election day, and state what you saw them do ? A. I saw Democrats conversing with persons who were supposed to be Democrats, and with some who were not supposed to be Democrats; I couldn't say what they said to them,' but I saw them go across the street to a saloon, and that they afterwards appeared a,nd the party went in and voted, I presume — ^ Mr. EocHE. — I object to what he presumed. Q. What saloon was that ? A. Mike Harron's. Q. You know Mr. James O. Lavake ? A. Tes, sir. Q. Did you and Mr. Lavake assist twenty voters in the booths that day? A. Decidedly not. Q. Do you know that others did ? A. One. Q. Who was that? A. Robert Wilson, Jr. Q. No one else? A. No sir; no one else. Q. He took the oath that he was physically disabled and incapaci- tated ? A. Yes, sir. / Q. State as to his condition of physical incapacity? A. He has recently, within a year or perhaps two years, been subject to epileptic aiid is partially paralyzed; I think he was physically incapable of attending to that. Mr. Whitman. — We move to strike that out as a conclusion of the ' witness. Chairman Eoesoh. — You may strike it out, but it seems to me the witness might have stated it. He has stated his own personal knowl- edge of the condition of this man physically. Mr. Ingalsbt. — That is what I want. Chairman Eoesch. — Veryvwell; strike it out. / Gross-examination : By Mr. Whitman : Q. Doctor, was this a general paralysis of the body, or some par- ticular part of the person ? A. It affects his lower limbs, his legs, and I think to some extent his hands; I wouldn't say it was an entire paralysis. Q. DonH you know he can read ? A. Yes; I should say he could; I don't know it. Q. Do you know that he can not ? A. I don't know that he can, but I believe he can. Q. Do you believe he can write ? A. Yes, sir. Mr. Whitman. — That is all. 333 Joseph W. Baeber, being duly sworn, testified as follows: By Mr. Ingaxsbt: Q. Where do you reside ? A. Town of Greenwich. Q. What is your occupation ? A. I am a school commissioner. Q. What district ? A. First district of Washington county. Q. At the last general election what were your duties at the polls ? A. I was a watcher at poll No. 4, in the town of Greenwich. Mr. Ingaisby. — I will say that there has been a mistake as to the numbers of those districts. The district that has been considered as district No. 2 throughout the testimony is, as I understand it, as mat- ter of fact, district No. 4 of that town; so this testimony relates to your testimony given as affecting district No. 2. Q. Tou were watcher at that poll ? A. Yes. Q. Do you know Mr. Bradley, who was the Democratic watcher there ? A. Yes, sir. Q. Do* you remember an occurrence during election day when a Toter came out of a booth and asked for a paster ? A. I do. Q. Will you relate it 1 A. The voter went into the booth with his ballots and came out and asked for a Democratic paster; Mr. Bradley was directly in front of the ballot box and he took a paster from his pocket and gave it to him and the voter returned to the booth with it in spite of my objection. i Q. That was all done inside of the rail ? A. Yes, sir. Cross-examination : By Mr. Whitman: Q. What was the majority of the board of inspectors in that dis- trict? A. Republican. Q. You accepted the vote when he came out ? A. Yes, sir. Q. A majority of the board being Republican ? A. Yes, sir. Q. Who was the voter? A. I am not positive as to the man's name; I think it was Dwyer; I am not positive as to that. Q. Did you know his first name ? A. No, sir. HoBTON A. Barbbb, being duly sworn, testified as follows : By Mr. Ingalbbt: Q. Where do you reside ? A. Greenwich. Q. What is your occupation ? A. Farmer. Q. Have you formerly been supervisor of that town ? A. Yes, sir. Q. You reside in what election district? A. No. 4. Q. At the last general election did you attend at the polls of that district ? A. Yes, sir. 334 Q. As a Eepufclican worker? A. Yes, sir. Q. During that day do you recollect the circumstance when J. A. Thompson — you know hiin ? A. Yes, sir. Q. Do you remember of his speaking to you or calling to you to come where he was, some time during the day when he was talking with a Mr. Crandell Greene ? A. Yes, sir. Q. Did you go to where they were ? A. Yes, sir. Q. There ensued conversation between you three ? A. Yes, sir. Q. State it ? A. Mr. Greene was supposed to be a Democratj Mr. Thompson asked him if he was to have two dollars for his vote,/ and Mr. Greene said he was; Mr. Thompson asked him if his father and brother were to have the same each, and he said they were. Q. Anything further ? A. That was the main conversation upon that point. Q. Did you see any electioneering inside the rail that day by Democrats? A. I saw this matter of a paster which has been referred to. Q. Will you state about it? A. The man came out of the booth and inquired for it. Q. What did he inquire for ? A. He asked for a paster, as I under- stood it;, this Democratic watcher got up and gave him one. Q. What was his name ? A. Bradley; that is, I supposed he gave him one. Q. What did the voter then do ? A. He turned and went back into the booth and came out and voted. Q. Do you remember his name ? A. I don't; it was not a man that I was personally acquainted with to call him by name. Q. Do you know Charles Barber ? A. Yes, sir. Q. Did you have some conversation with him the evening of election day as to these Greenes ? A. Yes, sir. Q. State it ? A. He said the way to get those Greenes was to go to the old woman; that he went there and said he wanted to hire a team; he asked her what the price of the team w&s and she said she had heard ^bout three doUarei; he said he told her he would give her fojir dollars, and asked her how many she would bring and she said she would bring this Orandall Greene and her husband, and another Greene, and still another Greene by the name of Jonas Greene. Q. Do you remember anything else that he said ? A. Well, that was the main part of the conversation. Q. Did he state who put him on to that way of getting the Greenes ? A. He said he had recently learned of that way; that that was the way to get them and to procure their votes. 335 Q. Did he mention any name of the person who informed him as to that? A. I don't know that he mentioned the name of the person who informed him; I think he stated that that was the way that it had been done; that another person had been in the habit of doing that way. ' Q. Did he mention that other person's name ? A. Yes, sir. Q. Who was it ? A. Robert Hamilton. By Mr. Wellington: / , Q. Who was this Barber ? A. His name is Charles H. Barber. Q. He is the same man who has been here and testified ? A. Yes, sir. Gross-examination : By Mr, Whitman: « Q. As to the giving out of this paster, do you know that Mr. Brad- ley gave that man ^ Democratic paster of your own knowledge so you can testify to it ? A. I couldn't testify that it was a paster he gave him; I didn't see it. Q. How far do the Greenes live from the polling place ? A. I should judge about two and a half or three miles. Q. Isn't it very often done and a very' ordinary thing to hire carriages to send for voters; don't they do it up there ? A. Yes, sir. Q. That would be a very ordinary way of getting a family of voters ik, to hire a team and bring them in ? A. Yes, sir. , Q; Didn't the Republican committee have teams employed for that express purpose ? A. Yes, sir. By Mr. Wellington: Q. What is the name of the Greene that stated he had been promised two dollars for his vote? A. Orandall Greene. Q. Was he one of this family ? A. Yes, sir. Q. Did he say from whom he was going to get the money? A. No, sir. Q. Did he say who promised it ? A. No, sir; he didn't; he wasn't asked. . Q. Who was the man that gave out the paster ballot? A. A Democrat. , Mr. Whitman.— -He has sworn that he don't khow whether it was a paster ballot or whether it was an official ballot. That is assuming that he did give it out. The Witness.— I heard the man call for it. 336 By Mr. Roche: Q. Didn't you say that Thompson asked Greene if he was not to have two dollars for his vote, and his father and brother the same ? A. Yes, sir. Q. You didn't hear Greene say that ? A. I h^ard Crandall Greene say that; that he was to have two dollars. Q. He didn't mention about his father or brother? A. The question was asked for his father and brother, who were just going by, if they were to have the same for their vote. Q. Thompson is the Republican worker there ? A. Yes, sir. Q. He asked him that question ? A. Yes, sir. James H. Thompson, being duly sworn testified as follows: By Mr. Ingalbby: Q. Where do you reside ? A. In the vUlage of Greenwich. Q. What is your occupation ? A. I am a railroad manager. Q. In what district do you reside ? A. District J^o. 4. Q. What was your business on election day ? A. Watcher at the polls. Q. During the day did you have a conversation with Mr. Crandall Greene ? A. Yes, sir. Q. Mr. Crandall Greene is a Democrat? A. Supposed to be a Democrat. Q. State what that conversation was ? Mr. Roche. — If the committee please, Mr. Greene has not been called as a witness here^ I think, and this testimony Is purely hearsay. It is not called out for the purpose of contradicting or impeaching Mr. Greene, because he has not been a witness. Mr. Ingalsbt. — We propose to show what Mr. Greene said. Mr. WBLLiHaTON. — They attempted to prove that Mr. Thompson intimidated Mr. Greene, and told him if he voted they would have him in State prison. Mr. RocHB. — Ask him that question then. Mr. Wellington. — We want to show what led up to that remark. Mr. RooHE. — You have no right to show anything outside of such matters as the witness has been interrogated in regard to. Mr. Wellington. — You proved part of the conversation, not by Greene, and we have a right to give it all. Mr. Roche. — We are entirely willing you should give all that the witness was asked about, but to go into something else about which he has not been asked is improper and manifestly unfair. Mr. Whitman. — There is no proof of the identity of the conversation. 337 Chairman Roesoh. — It seems to me you should confine the testimony of the witness to the attempted contradiction of that which the other witness testified to, without going beyond that. Mr. Wellington. — The committee has ruled on the part of the con- testant's case, or during his case, where parties stated that they had been bribed, that it could be shown; that it was hearsay, to be sure. That specific objection was taken and it was overruled, and hence the rule ought to be applied to this case. Chairman Eoesch. — You are going into other conversation involving other matters than that to which the witness in the contestant's case testified. Mr. Wellington.— ^We did not intend to ask anything except per- taining to that very question. Chairman Eoesch. — Proceed, then. Q. I will withdraw the question for a moment; did you appear before the election board of that district and challenge Mr. Crandall Greene? A. Yes, sir. Q. Immediately before doing so did you have a conversation with him? A. Yes, sir. Q. State that conversation? A. I met Crandall Greene and his father and brother coniing towards the buildiilg or polling place; , I touched Crandall 0n the arm and I says, " Mr. Greene, how much do you g©t for your vote?" He says, "I get two dollars;" I said "How much does your father and brother get?" He says, "They get two dollars each." Q. What did you do then ? A. Mr. Horton A. Barber was near by and I called him up and Mr. Greene repeated what he had said to me. Q. What did you do then? A. They went into the voting room and I challenged Greene. Q. On what ground? A. On the ground of bribery; I said if he voted that I would see he was punished before night; Aaron Bristol, one of the inspectors, said I heid no right to intimidate a voter; I said that was not my intention; that if he considered it was an intimida- tion, I would withdraw that, and that I didn't intend it. Q. Do you know Charles S. Barber ? A.' Yes, sir. Q. On the evening of election day did you have a conversation with him in regard to hiring men to stay away from the polls ? A. I can't , say that I did. Q. Or at some other time did you have this conversation ? A. No, sir; I don't think I had any such conversation with him. Q. Do you know how these Greenes came to the polls? A. There was a man with them. 43 338 Q. Who was it ? A. Robert Hamilton. Q. What are his politics ? A. Democrat. Q. That was just before you left a challenge for him ? A. Yes, sir. Q. At district No. 4 did you see any electioneering by Democrats- within 150 feet of the polling place ? A. I can't swear I did. Cross-examination : By Mr. Whitman: Q. Was Greene present when you interposed the challenge ? A. Yes, sir. Q. Was he present when you said you would see he was prosecuted before night? A. Yes, sir. Q. Did he vote? A. Not then. Q. He voted afterwards ? A. I understood he did. Q. You have never prosecuted him ? A. No, sir; I have not. Q. He took the statutory oath ? A. I wasn't there when he voted. Q. The board was a Republican board ? A. A majority was. Q. You hadn't withdrawn the challenge ? A. No, sir. Peed. I. Bakek, beiag duly sworn, testified as follows: By Mr. Ingalsby: Q. Where do you reside ? A. Fort Ann, Washington county. Q. In what district? A. Second election district. Q. Were you inspector in that district at the last general election ? A. Yes, sir. By Mr. Whitman: Q. Was that district No. 1 or No. 2? A. No. 2. Q. The Comstock district is No. 1 ? A. Yes, sir. By Mr. Ingalsbt: 4 Q. Where was the election in that district held a year ago last fall ? A. In Clement's hall. Q. Last fall it was appointed to be held where ? A. In the building called Root's building. Q. That is in Fort Ann village ? A. Yes, sir. Q. On the morning of the first day of registration what did the board of registers do ? A. We went to that building appointed for holding the election (Root's building) and the building was locked; afterwards we went into the building next door, right adjoining that building. 339 and south of it, for a few momentB, and we went back and it was still locked; one of the inspectors went down to Mr. Boot's house to see him in relation to it and to see if he was going to open the building, and prepare for holding the registration, and he stated that he didn't care a damn whether they registered there or not; he came back there and there were only two of the inspectors present up to that time, and afterwards the third inspector came and we went to that building and adjourned to the town clerk's office the next door. y. Tou went into the building at that time ? A. Yes, sir. Q- What condition was the building in ? A. He had come up and opened it; it was not in any condition at all; there hadn't been any fire in the building for six months before, and it was all littered up with old boxes and everything of that kind; it was not a fit place for holding an election. ' Q. Then, you adjourned where ? . A. Next door, in the building where the town clerk's office was. Q. What is that building called ? A. Coming's building. ' Q. What is the distance between the two buildings ? A. There is no distance; the Root building is right next to it; each is against the other. Q. What did you do as to posting any notice upon the Root build- ing ? A. We posted a notice on the door of the room where the election was appointed to be held, and gave the reason why we could not register there ; because the room was not in condition to be occu- pied, and that we would register at the next door. Q. Who drew that notice ? A. I did. Q. Do you know of it being posted ? Yen, sir. Q. Who posted it ? A. One of the other inspectors posted it; I saw it posted, however. Q. Before going to the Root building first that morning did you know that an adjournment would be had to some other place ? A. No. sir. Q. Do you know of anyone who was prevented from registering on account of the adjournment? A. No, sir. Q. Or on account of the registration being held in any place than the one appointed ? A. No, sir; I don't think there was anybody. Q. What are your politics? A. I am a Democrat, sir; always have been. ' ■ By Mr. Wellington: Q. The election then was held in the Root building? A. Yes, sir. 340 Gross-examination : By Mr. Whitman : Q. Did you give a notice of registration to the voters of the district ? A. We gave notice that we would sit as a board of registration on the morning we met. Q. Did that notice state that the registration would be taken in the Eoot building ? A. No, sir; we didn't give any notice; I didn't under- stand your question at first; we didn't give any notice; only the notice we posted on the door of the Root building; Q. Was there no notice given that the board would sit for registration on that particular day ? A. I don't know that there was. \ Q. Notice given by the town clerk? A. No, sir; unless it was the gene(ral notice given by the town officials that an election would be held at that time. Q. Don't you recollect that such notice was given? A. I presume, likely, but I never noticed it; perhaps it was. ' Q. Don't you know you met pursuant to that notice ? A. Yes, sir; we met pursuant to the law that we should meet upon that day. Q. The town board had designated the Eoot building as the place to hold the election? A. Yes, sir; that is, the supervisor and the inspectors and assessors designated th^t buildiag. Q. They designated that place ? A. Yes, sir. Q. The Clements' building is a separate and distinct building? A. Yes, sir; but not the Corning building; well, it is a distinct building, but it is an adjoining building. Q. There is no connection between them ? A. No, sir. ' Q. So that the two buildings, the one where the registration was was at One place, and the one where the election was held was a sepa- rate and distinct building ? A. Yes, sir. By Mr. WiLLiNGTON: Q. How far away were the entrances from each other ? . A. Probably twenty-five feet or thirty feet, perhaps; that is, the entrance of the different buildings ; I would like to explain in relation to holding the election in that Root building; the inspectors, the day before the elec- tion, was held, went there and prepared that room themselves; I didn't take any part in it; the other inspectors went there aid prepared the room so it was fit to occupy for the purpose of holding an election rather than to have a row about it. 341 Edwabd Nicholson, being duly sworn, testified as follows: By Mr. Ingalsbt: , Q. "Where do you reside ? A. In the town of Fort Ann, in Wash- ington county. Q. In what election district ? A. District No. 2. Q. What official position did you hold in the district at the last general election ? A. I was an inspector of election. Q. On the morning of the first day of registratioh the board of registry went to what building ? A. We went to tlje Eoot building. Q. Did you find the building open? A. No, sir;, we found it / closed; one of the inspectors went to Mr. Eoot's house. Q. Were you that inspector ? A. No, sir. Q. You sent one of them to Root's house? A. Yes, sir. Q. What did he say upon his return ? A. The reply of Root was that he didn't care whether the registration was held there or not; that he hadn't any time to spend to arrange the room suitably. Q. In what condition was the room ? . A. He afterwards came there and unlocked it, and we examined it and found that it was lumbered up; it had been used for the past six months as a store room for farm products; there were boxes and barrels there and it was entirely out of order for such an occasion, we thought. Q. What did you do then ? A. We wrote a notice and posted it on the door that we would adjourn to the next door south in the town clerk's office, and we did so. Q. Then you went to the other building and proceeded with the registration? A. Yes, sir. Q. Do you know of any voter of the district who lost his vote by reason of that change of place of meeting? A. No, sir; I don't. By Mr. Wellington: Q. Was there any voter that appeared on election day to vote whose name was not on the registry? A. Yes; there was one appeared there. Q. Who was it ? A. Elmer Eastman. Q. Was there any other? A. I think not. Q. Had Eastman appeared to be registered? A. He hadn't appeared before the board. Q. He did not come therQ either day ? A. No, sir. By Mr. Whitman: Q, Did you take his vote?^ A. No, sir; he didn't offer to vote; he was not registered. 342 By Mr. Wellington: Q. Was he a Republican or Democrat ? A. He was said to be a Democrat. By Mr. Whitman: Q. How did he find out he was not registered if he didn't offer to vote? A. He came into the room and found his name was not registered. Q. You first looked when a voter came up to see whether his name was registed ? A. Yes, sir. Mr. Ingalsbt. — We propose to explain how it happened^, judge. We have the witness here. Q. He came in, and as you did with other voters you looked to see if he was registered A. Yes, sir. Q. You found he was not ? A. Yes, sir. Q. It ended at that ? A. Yes, sir. Feed I. Bakee, recalled. By Mr. Ingalsby: Q. Do you know Mr. Eastman who was not registered? A. Yes, sir. Q. Will you explain why he was not registered ? A. Yes, sir; I will have to go back a little; a year ago last fall we had to divide up our second district because it had too large a population, and Mr." East- man was set off into another district; last fall the districts were changed back the way they had been before that time, and he was put back into our district again; after the first day of registration he came into my office and asked me if he was registered; I, knowing the man very well, and as he has always been a straight Democrat, supposed he was registered and told him so very emphatically; for that reason he never appeared before the board nor tried to go before the board at all to register, and he supposed, and so did I, until election day that he was registered; that is the way it happened. Mr. Whitman."— We will have to charge that vote to you. The Witness. — Yes; so you will, but there was a Republican that offset it though. Why we had 367 votes registered out of 1,321 population. By Chairman Roesoh: Q. You are a Democrat ? A. Yes, sir. Q. Did you hold an official position ? A. What do you mean by that? Q. Did you hold an office ? A. A Democratic office ? ,. 343 Q. Certainly; you wouldn't hold a Eepublican office if you were a Democrat ? A. No, sir; I was an inspector at that time, if that is what you mean. Q. And postmaster ? A. Yes, sir. Q. Under Cleveland ? A. Yes, sir. By Mr. Whitman: Q. Expect to again? A. No; I don't expect to be again. Claek E. Woodard, being duly sworn, testified as follows: By Mr. Ingalsby: Q. Where do you reside ? A. Port Ann. Q. In what election district ? A. No. 2. Q. "yS^hat position did you hold in that district last fall? A. Inspector of election. Q. On the morning of the first day of registration the board of registration went where? A. To the Root building. . Q. State what happened? A. The door was closed; we could look into the window and see that it had been used as a lumbfer room; by the way, Mr. Baker and I went there first; Mr. Nicholson hadn't come in; we went back in Coming's and then Mr. Nicholson came; it lacked a few minutes of 9; I went down to Root's and spoke to him about the key; he didn't seem to care much; his answer was he didn't care a damn whether it was opened or not; we came back and reported and we went then to the room and adjourned to the next building; Corning building. Q. What do you say as to posting a notice ? A. Mr. Baker wrote out a notice and I nailed it on the door. Q. You went on and held your meeting in the Corning building? A. Yes, sir. Q. You on election day acted as an inspector ? A. Yes, sir. Q. Do you know of any voter in that district who lost his vote by reason of the change of place of meeting? A. No, sir. Q. Do you know Mr. Root, the owner of the building? A. Yes, sir. Q. What are his politics ? A. Democrat. By Mr. Whitman: Q. You and Nicholson were the Republican inspectors and Mr. Baker was the Democratic inspector ? A. Yes, sir. Q. You three constituted the board 6i registration ? A. Yes, sir. 344 Antoine Peovost, being duly sworn, testified as follows: By Mr. Ingalsby: Q. Where do you reside ? A. Whitehall. Q. Do you know in what election district? A. Yes; I went and voted there. Q. In what election district ? A. On the other side of the creek. Q. What building did you vote in ? A. I can't tell you the name of it; I voted on that side of the creek up where they keep the — Q. (Interrupting) Was it in Brett's building? A. No, sir; it is where they keep the prison, down below. Q. Do you know Henry Waters, of Whitehall ? A. Yes, sir. Q. You have a son, Louis Provost ? A. Yes, sir; he is right here. Q. You are a voter in Whitehall ? A. Yes, sir. Q. Did you vote there last fall, at the election held last November ? A. Yes, sir. Q. What ticket did you vote ? A. Democratic. Q. Did you vot« an official ballot or vote a paster ballot ? A. I put a vote — no, I voted for my son; he was running for commissioner to collect the money, but he couldn't get it. Q. For some one officer? A. No, sir; I can't tell what he was running for. Q. Did you vote an official ballot or a paster ballot ? A. I voted the full Democrat ticket. Q. How much did you get for voting it? A. Nothing, sir. Q. Did you have talk with Henry Waters about voting the Demo- cratic ticket ? A. Yes, sir. Q. Did he promise to pay you five dollars if you voted it ? A. He didn't pay me. Q. Didn't he promise to? A. Yes, sir; but he didn't pay me. Q. You thought that he would pay you ? A. Yes, sir. Q. Who did pay you ? A. Nobody. Q. Waters is a Democrat ? A. Yes, sir. Gross-examination ; By Mr. Whitman: Q. You have been a Democrat for a number of years, haven't you ? A. Yes, sir; always been a Eepublican. Q. Until when? A. Until last fall. Q. You ceased to be a Eepublican last fall ? A. Yes, sir. Q. You have voted the Democratic ticket ever since? A. Yes, sir. Q. At town meeting this spring and at the village election ? A. A. Yes, sir. - ^ 345 Q. Didn't you vote for Burleigh last fall? A. Yes, sir, I did; we are nine here together. Q. Who was the man you voted for that was on the ticket? A. My son. Q. What was he running for ? A. For constable. Mr. lNGALSBY.-«-That was this spring election, wasn't it ? A. No, no, no; he was running for constable last fall. y Louis Laplantj being duly sworn, testified as follows : By Mr. Ingalsby : Q. Where do you reside ? A. Whitehall. Q, In what election district ? A. Third district. Q. Do you know Antoine Provost, the last witness ? A. Yes, sir. Q. Does he reside in the same district as yourself? A. No, sir. Q. You are a voter in district No. 3? A. Yes, sir. Q. You voted last fall ? A. Yes, sir. Q. You voted the Democratic ticket? A. Yes, sir. Q. How much did you get for voting that ticket ? A; Not a cent, Q. How much was promised you for voting it ? A. I wasn't prom- ised anything. Q. Do you know Thomas Patterson ? A. Yes, sir. Q. Did he furnish you some money to buy votes with ? A. No, sir. Q. Did you riAe around in a wagon with him for a day or two before election day seeing men and giving them money ? A. No, sir; never. Q. What are Mr. Patterson's politics? A. I presume he is a Democrat. Q. Do you knox^ ? A. I am not sure. Q. Did you ever hear him talk politics ? A. I never heard him talk them very much. \ Q. Some? A. Yes; some around the street, a little bit. Q. What kind of poKtics was he talking ? A. He was talking about election, I guess, the same as anybody does; he would be glad if he could get their names in, etc. Q. I again ask you how much you were promised to vote the Demo- cratic ticket last fall? A. I wa'sn't promised ^anything, not a cent. Q. You haven't been paid anything since ? A No, sir. Q. Or before ? A. No, sir. I Mr. Whitman. — No questions; that is all. Louis N. Peovost, being duly sworn, testified as follows : By Mr. Ingalsby: Q. Where do you reside ? A. Whitehall, State of New York. , Q. In what election district ? A. Fourth. 346 Q. Antoine Provost is your father ? A. Yes, sir. Q. Does he reside in the same district? A. Yes, sir. Q. Last fall you were a voter in that district ? A. Yes, sir. Q. What ticket did you vote ? A. Democrat. Q. What were you paid for voting it ? A. Nothing. Q. How much were you promised for it ? A. Nothing. . Q. Do you know Henry Waters ? A. Yes, sir. Q. Didn't you have a conversation with him in regard to how much you should get if you voted the Democratic ticket, shortly before voting? A. No, sir. Q. Did you vote the official ballot or the paster ballot ? A, I didn't vote a paster, I voted the official ballot. Mr. Whitman. — No question. Alexander Eeinaud, being duly sworn, testified as follows: Examined by Mr. Ingalsby: Q. Where do you reside ? A. Whitehall. Q. In what election district ? A. I think it is the third. Q. Were you a voter in that district at the last general election ? A. Yes, sir. Q. Do you know James Whelan, of Whitehall? A. I don't know James; I know a lot of Wh elans there, but I don't .know their first name. Q. What are their politics ? A. I couldn't tell you. Q. What are his politics ? Al I think he is a Democrat. Q. You have talked with him about politics ? A. No, sir; never; when we go in there we talked about Democrats and Republicans; we didn't say anything about election though. Q. What ticket did you vote ? A. Straight Democratic ticket. Q. How much were you promised for voting it ? A. Nothing. . Q. How much did you receive for it ? A. Nothing. Q. Did you have any talk with John Sullivan about how much you should receive for voting the Democratic ticket before election ? A. No, sir. Q. Did you have an interview with him immediately after election, and get^some money from him for voting that way? A. No, sir. Q. Where you paid for your time election day by anyone ? A. No, sir. Q. You received no compensation? A. No; well, that day I borrowed a dollar from my boss to pay a man seventy-five cents I owed, and he took it out Saturday night; I didn't tell him to take it out but he did. 347 Q. Did you receive any compensation from any person for your services that day ? A. No, sir. Mr. Whitman.— That is all. James Stewart, being duly sworn, testified as follows: Examined by Mr. Ingalsby:, Q. Where do you reside ? A. Whitehall. Q. In what.election district? A. Fourth. Q. You were a voter in that district at the last election ? A. Yes, sir. Q. You voted? A. Yes, sir. Q. What ticket ? A. Eepublican ticket, sir. Mr. Whitman. — That is all. John Blanohard, being duly sworn, testified as follows: By Mr. Ingalsby: Q. You reside in Whitehall ? A. Yes, sir. Q. In what election district ? A. No. 4. , Q. You were a voter in the district at the last general election ? A. Yes, sir. Q. And voted? A. Yes, sir. Q. What ticket did you vote ? A. Republican ticket. Mr. Whitman. — Do you propose to show the number of Republican votes cast there? Mr. Ingalsby. — No; that is not the purpose. ^ Moses Blanchaed, being duly sworn, testified as follows: By Mr. Ingalsby: Q. Where do you reside ? A. Whitehall. Q. In what election district? A. No. 4. Q. You resided in that district last fall 1 A. Yes, sir. Q. You voted there ? A. Yes, sir. Q. What ticket ? A. Republican ticket. Mr. Whitman. — That is all. Frank Eei*), being duly sworn, testified as follows: >By'Mr. Ingalsby: Q. Where do you reside ? A. Whitehall. Q. In what election district ? A. I don't know exactly; it is down at the lower end of the town. Q. Where did you vote last fall ? A. In the village building. Q. You were a voter in the district ? A. Yes, sir. Q. What ticket did you vote ? A. Democratic. 348 Q. Do you know Mr. Melan ? A. What is his first name ? Q. John. A. I don't know any "John;" I know a "Tom." Q. Do you know Mr. Henry Waters ? A. Yes, sir. Q. Do you know Thomas Patterson ? A. Yes, sir. Q. Did you vote the official ballot or vote a paster ballot ? A. I voted a paster. Q. Who furnished you that paster ? A. I forget who, now. Q. Can you refresh your recollection in anyway? \. No; not that I know of; I forget now who it was that gave-it to me. Q. How much did you get for voting that paster ? A. I got five dollars. Q. Was that paid you by the man who handed you the paster? A. No, sir. Q. When was it paid to you ? A. About two hours afterward. Q. Who paid you ? A. John Sullivan. Q. Where did he pay you ? A. Down in the saloon down on the corner there next to his store. Q. What are his politics ? A. He is a storekeeper there. Q. I say what are his politics ? A. I suppose he is a Democrat. Q. What did you say to Sullivan; did you have anything to show that he was to pay you five dollars ? A. No, sir. Q. You went there and he handed it to you ? A. Yes, sir; he called me in and handed it to me. Q. Did Mr. Sullivan have any list with your name upon it? A, No, sir. Q. How did you let him know you had voted ? A. A feller stopped me on the street. Q. The man that handed you the paster? A. No, sir. Q. Who was it ? A. I forget who handed me the paster. Qb Did the man that handed you the paster tell Sullivan ? A. I don't know. Q. Did he tell you where to go to get your money ? A. Some other fellers told me; I don't know who they were; I forget who they were that told me; I didn't pay much attention. Q. It was not the man that gave you the paster ? A. No. Q. Who was in Sullivan's store when you went there to get your money? A. I wasn't in his store; it was next door; he called me in the saloon; there was nobody there but him; I didn't see nobody there. Q. Did you see this man that handed you this paster hand any paster to any other voter that day ? A. No, sir. y Q. Did you see Sullivan pay any money to anyone else that day besides yourself? A. No, sir. 349 Q. He called you into the back room? A. Eight in front; just inside off the street. Q. There was no one in the saloon ? A. No, sir. Q. He paid yctu five dollars? A. Yes, sir. Q. And you left ? A. Yes, sir. By Mr. Wellington: Q. Do you know how many men were paid that day ? A. No, sir. Q. You spoke of some other m^n about there who told you where to go ? A. I don't know whet^ier they got paid or not. Q. How many were there? A. Idon'tknow; I didn't stop to count them. Q. You don't remember their names ? A. No, sir. Q. Are you commonly known as " Bub " Eeino ? A. I go by that name; they call me tljat; it is nickname. ' Q. Can you read ? A. Little. Q. Did you read the ticket you voted ? A. I guess so. Q. Whose name was upon it for senator? A. I spoke that; I am not going to speak it again. Chairman Eoesoh. — You must answer the question- The Witness. — He asked me ,what ticket I voted, and I told him. Chairman Eoesch. — He wants to know whose name was upon the ticket for senator ? The Witness. — I didn't take no notice. Q. Will you swear that it was not John H. Derby ? A. I wouldn't swear to that, for I didn't notice it. Q. You didn't see any name upon it? A. I didn't look at it to see. Q. Whose name was upon it for governor ? A. Flower. Q. You don't know whether the man who gave you that ticket was a Democrat ? A. I don't know whether he is or not; how do I know what his politics are; I forget who gave me the ticket. . Q. Don't you know there were tickets there that had Flower's name on them for governor and Mr. Derby'^ name for senator ? A. No, sir; I didn't take notice. By Chairman Eoesoh: Q. What do you work at? A. Canaling; boating in the summer. Q. Where do you reside ? A. Whitehall. Joseph Eeino, being duly sworn, testified as follows: By Mr. Ingalsby: Q. Where do you reside ? A. Whitehall. Q. In what election district ? A. I don't know what election district. Q. Where did you vote last fall? A. I didn't vote at all. 350 Samdel B. Jenkins, being duly sworn, testified as follows: By Mr. iNGAiiSBT: Q. Where do you reside ? A. Sandy Hill. Q. At the election last fall you were a watcher in what district ? A. No. 2. Q. Were you present at the canvass of votes ? A. Yes, sir. Q. Did you observe an oflScial ballot with a paster ballot on the back , of it ? A. I did. Q. Was the paster ballot counted ? A. It was. Q. What kind of a ballot was it ? A. Democratic ballot, straight. Q. Was it counted ? A. Yes, sir. Gross-examination : By Mr. Whitman : Q. The majority of the board was Republican ? A. I think so. Q. Who constituted the board ? A. I couldn't tell you all the names. Q. You are a Republican ? A. I am. Q. That town is largely Republican ? A. Supposed to be. Q. It is as a fact; no supposition about it? A. Is it ? Q. It is Derby's own town ? A. Supposed to be. Q. Is there any supposition about that ? A. I don't think there is. Q. Don't you know ? A. I think it is; it ought to be if it isn't. Q. Did you read every name there was upon that paster ballot? A. No, sir; I didn't; but it was counted as a straight Democratic ballot; I didn't read every name upon it; it was so supposed to be. Mr. Whitman. — Well, all right, I will leave it at that; that is all. Thomas Emerson, being duly sworn, testified as follows: By Mr. Ingalsbt : Q. Where do you reside? A. Greenwich. Q. How long have you resided there? A. Eleven years the last twenty-second of August. Q. What is your occupation? A. Workipg in the employ of McMasters, Dunbar & Co. Q. Are you a married man ? A. No, sir. Q. With whom do you reside ? A. My father. Q. What is your father's name ? A. Robert Morrison. Q. A year ago last fall you resided and voted in what election dis- trict of the town ? A. I voted in election district No. 4. Q. State as to the fact where you purchased a lot last summer? A. The sixteenth of June last I bought a lot of A. H. Gibson of the 351 Corliss estate, and I put up a house for my father to live in; my father and I put up the house together; we commenced building the- house upon June nineteenth; upon the fifth day of October we moved into the house; we moved some of pur furniture and fuel and things before that, Bom6 six weeks; we put coal into the house upon the .twenty-eighth of August. Q. The house was in what election district ? A. The house I live in now is in election district No. 1. Q. You voted in that district last fall ? A. Yes, sir. . Q. What is the distance that you moved ? A. Pi;om one house to the other is about an eighth of a mile. .Q. Was it you or your father that was challenged? A. I was; he wasn't. Q. What was done ? A. When I got my ballots I went into the booths and fixed them and I come out again and up comes Charles Bulson and he said "I challenge that vote; " the inspector of election asked me questions — how long I was in the United States, how long in the State of New York, and how long I was in Greenwich; I answered those questions; then he asked him upon what grounds he challenged me; " Not being thirty days in the election district;" I stated my case then before the inspectors of election. Q, You stated that you moved into the district in October on the fifth? A. Yes, sir; I stated my case to the inspectors and Charles Bulson withdrew his challenge; he said he was satisfied. Q. Bulson is a Democrat ? A. Yes, sir. Gross-examination : By Mr. Whitman : Q. Where were you born? A. Guilford, Ireland. Q. Did you come over with the McMasters, Dunbar & Company people ? A. Yes, sir. Q. When did you come to this country ? A. Eighteen hundred and eighty. Q. Since that you have received your naturalization papers? A. Yes, sir. Q. You say that Bulson challenged you ; did you know the inspectors ? A. Yes, sir. Q. Was the majority of them Republicans ? A. Half and half. Q. I guess not; are there three inspectors? A. There were four. Q. Who were they? A. H. L. Murray, Joseph J. Henderson, Matthew Ahearn and Pete Broderick; Pete, was there, let him 'be an inspector of election or not. 352 Q. Don't you know there were only three ? A. I may be mistaken in him then. Q. When you were challenged the board didn't require you to take an oath ? A. Yes; I was put upon oath and then the challenge was withdrawn; I made the statement before I was put under oath. Q. Did you take the oath? A. They didn't administer the oath. Q. You were challenged, and instead of administering the oath they took your statement? A. No, sir; I said I gave my statement at the time of the challenge. ' Q. You weren't sworn ? A. No, sir. Q. Whatever, statement you made was not made on oath? A. No, sir. . Q. How many days do you say you lived in the election district where you voted ? A. I moved upon the fifth of October. Q. What day was election ? A. Third of November. Q. How many days do you say that is ? A. Twenty-eight days, and giving me the credit of the day I moved and election day gives me thirty days; counting the day on which I moved and election day makes me thirty days; I think that is both legal and fair. Q. That is your construction of it ? A. Yes, sir. Q. Did you sleep in the new house on the night of October fifth? A. No, sir. Q. Where did you sleep? A. Slept in the other house; in the old house. Q. Did your father sleep in the new house on the night of October fifth? A. No, sir. Q. Where did he sleep ? A. Where I slept. Q. Did you have your breakfast in the new house on the fifth of October ? A. No, sir. Q. Where did you have it ? A. In the old house. Q. Did you have your dinner at noon in the new house on October fifth? A. No, sir. Q. Where did you have it? A. In the old house. Q. On the evening of October fifth did you have your supper in the new house ? A. No, sir. Q. Where did you have it ? A. In the old house. Mr. Whitman. — That is all. By Mr. Ingalsby: Q. What of your things did you move October fifth ? A. Furniture; and as we were living in this house we paid the rent by the week 353 and our week run out on the eighth and of course we kept out a little; we moved at night; we had the bed and coal and wood, and other stufE like that, in the house. Robert Emerson, being duly sworn, testified as follows: By Mr. Ingalsby: Q. Where do you reside? A. Greenwich. Q. How long have you resided there ? A. We come there to live on the 22d of August, 1880. Q. What is your occupation ? A. Mill-worker in McMaster's linen mill in Greenwich. Q. At the fall election a year ago you voted in what district in that town ? A. I believe it is No i. Q. Last summer what did you and your son do as to buying a lot and putting up a house ? A. We bought a lot of ground across the road from the district and built a house and moved our chattels in it on the fifth of October from the twenty-eighth of August. Q. You bought a lot and built a house upon it. A. Yes, sir. Q. You mbved when ? A. We moved our chattels on the fifth of October and lived in it on the eighth of October. Gross-examination : By Mr. Whitman: Q. You came from Ireland when McMaster, Dunbar & Company brought their works here ? A. Yes, sir. Q. You moved when ? A. We moved our chattels into the new house on the fifth of October. Q. Where were you living, so far as occupying the house was con- cerned, on the day of October fifth ? A. On one side of the road was one district and on the other side was the other district. < Q. What district was the one that you were living in on October fifth, so far as eating and sleeping were concerned ? A. It would be No. 4. Q. You say that is the one you voted in? A. No; the year before, I say, I voted in No. 4, but this year I was in No. 1, or voted in No. 1; that is the one that new house was in. Q. But you ate and slept on the day of the fifth of October and night of the fifth of October in what was district No. 4? A.. Yes, sir. Q. When did you first sleep in the new house ? A. On the eighth of October. Q. When did you first eat a meal there ? A. On the eighth of October, 46 354 HoBAOE H. Dibble, being duly sworn, testified as follows: By Mr. Ingaisby: Q. Where do you reside ? A. Dunhams Basin, in the town of Kinsbury. Q. In what election district? A. No. 2. Q. What position did you hold in that district last fall ? A. Inspector of election. Q. Tou were present during the canvass of votes that evening ? A. Yes, sir. Q. Do you remember of any paster being attached to the back of an official ballot ? A. Yes, sir. Q. Was it counted ? A. Tes, sir. Q. And what was that paster. Democratic or Bepublican ? A. It was a straight Democratic paster on a Democratic official ballot. By Mr. Whitman: Q. The board was Republican? A. Tes; the majority was. Q. The board counted the vote ? A. Tes, sir. Q. They only counted the ballot as one ballot ? A. We counted it as one straight Democratic ballot. John J. Linehan, being duly sworn, testified as follows: By Mr. Ingalsby: Q. Where do you reside ? A. Fort Edward. ' Q. What position did you hold there at the last general election ? A. I was chairman of the board of inspectors.. Q. In what district ? A. No. 1. Q. You have been a village trustee of that village? A. Tes, sir. Q. Do you know Mr. Allen Dewey, of Fort Edward ? A. Yes, sir. Q. Do you know Mr. Kennedy in your district? A. Yes, sir. Q. Is his name "William?" A. There is a number of Kennedys; there is a "James," and a "James E." and "John W." Q. I refer to the man who was present when Allen Dewey was there to vote and Kennedy was there as a worker; what was his first name? A. There were two brothers; there was " John W." and " James E." I think. Q. You know; them both ? A. Yes, sir. Q. Do you remember the circumstance of Mr. Allen Dewey coming to vote election day ? A. Yes, sir. Q. Will you state what was done ? A. He came to the ballot clerks and announced his name; I found that his name was registered and I told them to deliver him a set of ballots. 355 Q. You were the chairman of the board ? A. Tes, sir. Q. What did Dewey do then? A. He came up and a gentleman was with him and the gentleman stated he wanted assistance; I said, "On what ground;" he said, "He can't see;" he said that his eyesight was poor; I says, "Mr. Dewey, if you state to us that you can't see good enough to make out your ballot we will appoint somebody to assist you;" he said he could see. Q. Mr. Dewey said he could see? A. Tes, sir; I told him if he could swear that he couldn't we would appoint somebody to assist him and he said he could see; he took his ballots and Vent into the booth; he brought them out and they were not properly folded and he was directed how to fold them, and he yent in again; he went in repeatedly, I should think for between half an hour and an hour; sometimes he would have one of them folded and the r^st in a bunch, and sometimes he would have three of them folded and the other not folded, and sometimes he would have two folded and the other not; sometimes he would have them folded with the indorsement inside and the n^mes outside. Q. He came back repeatedly with the ballots ? A. Yes^ sir. Q. What finally took place ? A. Finally he didn't vote. Q. How long was he there going through these performances? A. I should think it was between half an hour and an hour. Oross-examination : By Mr. Whitman: Q. Mr. Dewey is an old citizen pf Fort Edward ? A. Yes, sir. Q. Understood to be a Democrat? A. Yes; understood to be. Q. He is a gentleman in the eighties? A. I should think so. Q. A gentleman of standing and of wealth in the community ?' A. Yes, sir. , Q! Don't you know the fact was that the reason he could not get his ballots right was because he couldn't see ? A. No, sir; I don't know that fact. • Q. Wasn't that stated there at the time; didn't he speak about his poor eyesight owing to his advanced age ? A. I asked him if he could see to make out his ballot and he said he could. Q. Upon trial he failed to fix them right ? A, He failed to get them folded right. Q, You refused to receive his vote when he came out ? A. Yes, sir. Q. Did you offer him assistance afterwards ? A. I told him repeat- edly, every once in a while, " Now, if you think you can't see, and you state so to us, we will appoint somebody to assist you;" he seemed to act as though he was a little insulted at our thinking he couldn't see< 356 By Chairman Eobsoh : Q. Did you show him by the use of the sample ballots how he should fold his ballots ? A. Tes, sir. Q. Did you show him more than once? A. Tes, sir; probably twenty different times; I would point out and say, "Now, Mr. Dewey, that is right, and if you get the others like that it will be all right." And I would take the sample ballots and show him^ I did that as much as twenty times. By Mr. Ingalsbt: Q. What was the politics of the election board ? A. There were two Democrats and one Republican. Q. What are your politics ? A. Democrat. By Mr. Whitman: Q. What majority did Derby get in that district last fall? A. I am not positive; it seems to me somewheres about twenty. Q. Do you know what Collins got the time he ran b«|fore? A. No, sir. Q. You were not in the board then? A. Yes, sir; I was; but I don't remember what he got. Q. Do you know that he got a majority ? A. " I don't know that Collins got a majority then; I don't remember. Q. Did you support the straight Democratic ticket last fall ? A. I Toted the Democratic ticket. Q. The straight ticket ? A. Tes, sir; the straight ticket. Henry W. Somers, being duly sworn, testified as follows: Examined by Mr. Ingalsbt: Q. Where do you reside ? A. Fort Edward. Q. In what election district ? A. No. 1. Q. What oflScial position did you hold there at the last general election ? A. I was an inspector. Q. Do you know Allen Dewey ? A. Tes, sir. Q. How old a man is he ? A. Well, I couldn't say positively, but he is quite an old man ; I couldn't state his age. Q. Do you remember the circumstance of his coming to the polls to vote? A. Tes, sir. Q. Will you detail that to us? A. Well, he came to the ballot clerks and obtained his ballots and there was a party with him who finally brought him up to the board and said Mr. Dewey wished to have assistance and wished to have this party go into the booth with 357 him to assist him; we questioned him to find out why he should have assistance, and the par^y claimed that he couldn't see; we ques- tioned Mr. Dewey and he admitted that he could see, but said "I don't understand how to fold them; I am afraid I can't fold them;" we told him he would be assisted if necessary; he went into the booth and he tried repeatedly, and I think I am safe in saying that he spent an hour in preparing his ballots; he came out time and time again and was shown repeatedly by different members of the board, and he still failed, and at last I said the man had time sufficient and that his yo1« could not be accepted; I insisted upon his giTing up his ballots, and finally after some commotion was made by some of those in the room he did give up his ballots, but against the wishes of his so-called friends. Q. How long was he inside the rail ? A. I think I am safe in say- ing an hour. Q. Do you know John W. Kennedy? A. Yes, sir. Q. He was at the polling place ? A. Yes, sir. \ Q. Will you state his conduct there ? A. His conduct was such that I think if the board — > Q. (Interrupting.) State his conduct? A. He insisted that this man Dewey when we told him he must give up his tickets to the ballot clerks, should keep them in his pocket and come outside, and do anything but follow the instruction of the board; he went so far that if we could have found an officer we should have had him arrested. Q. He was very loud in his remarks? A. Yes, sir; he came inside the rail repeatedly and had to be put out. Q. What are his politics ? A. Well, I should say he was a rabid Democrat from the way he acted. By Chairman Koesoh: Q. Are you a "rabid" Republican? A. I have always voted the Republican ticket. Cross-examination : By Mr. Whitmah: Q. Were there persons who received assistance there that day ? A. Yes, sir; there were those who received assistance. Q. Who were they ? A. I couldn't tell now the names, but they swore as to their inability to assist themselves and we gave them permission to be assisted; the same chance we gave Mr. Dewey, but he wouldn't swear. 358 By Chairman Eoeboh: Q. Tou don't mean to say you gave; everyone about a hour, and showed them twenty or twenty-five times how to prepare their ballots ? A. No, sir. Q. Are you sure jou gave this man Dewey half an hour ? A. Tes, sir. Q. And you showed him about twenty or twenty-five times? A. I should say it was safe to say twenty-five times, and no exaggeration. Q. Is he the only one whom you showed so frequently that day? A. Tes, sir; to any such extent; more than any three men, or dozen men for that matter. By Mr. Ingaxsby: Q. Did any voter that day at that polling place have assistance without he first swore that he was physically disabled? A. No, sir; not while I was there and I was there most all the time except a few moments. Q. Don't you* know that men swore they were physically disabled whom you knew were not? A. I had no reason to know, if they swore they were. By Mr. Whitman: Q. Didn't you know their physical disability consisted in their inability to read or write ? A. No, sir; I didn't understand it that way. By Chairman Eoesch: Q. I understand you to say that if a man presented himself and took the oath as to physical disability that was proof sufficient to you that he was physically disabled? A. Tes, sir; unless I knew the contrary, or somebody was there that was willing to state to the contrary; if a man swore he was blind and couldn't see I had no reason to doubt it. Q. Did it happen in any case that the man took the oath of physical disability and you were of the opinion that he was not physically dis- abled, and made know your views ? A. No, sir; none. Andrew T. Heath, being duly sworn, testified as follows: ' Examined by Mr. Ingalsby: Q. Where do you reside ? A. Greenwich. Q. What is your occupation ? A. Salesman. Q. For what company ? A. For the Ondawa paper company. Q. Tou are acquainted with the employes of that company ? A. Tes, sir. 359 Q. And with their politics? A. Pretty generally. Q. State what their politics is? A. We have, I think, twenty-two voters on the pay-roll; out of the twenty-two there are seventeen Democrats and five Republicans. Oross-examination : By Mr. WniTMiN: Q. Are you acquainted generally with the politics of the employes of other establishments in Greenwich? A. Yes; pretty generally; more particularly with the one I am connected with. Q. Do they run as you understand it in about the same ratio in the other establishments? A. I should judge so among the paper and pulp mills; they are largely Irishmen. Q. Those are the principal industries there ? A. Yes, sir; at Middle Falls. Q. Greenwich is one of the largest Republican towns in the county, isn't it ? A. Yes, sir. By Mr. Ingalsby: Q. Do you ' know of any employe of your mill being intimidated as to registering or voting? A. No, sir. Q. By any of the proprietors? A. No, sir; I don't think the proprietors are acquainted generally with the help of the mills. Q. Or intimidated by yourself? A. No, sir. By Mr. Whitman: Q. What did you say your connection with the company was ? A. I am salesman and assist in the general management of the mill^. Q. What are our politics ? A. Republican, sir, Henbv W. Somebs, recalled: By Mr. Ingalsby: Q. Was any one who took the oath, that was physically disabled, prevented from having assistance at your district ? A. No, sir. A. R. Wing, being duly sworn, testified as follows: By Mr. Ingalsby: Q. Where do you reside? A. Fort Edward. Q. What is your occupation? A. Cashier at the First National Bank. Q. In what election district did you reside last fall ? A. No. 1. Q. During what part of the day were you at the poUs ? A. I was there considerable ol the time during the day. 360 Q. As a Eepublican worker? A. Yes, sir. Q. Do you know Allen Dewey ? A. Yes, sir. Q. What is his age, and condition mentally and physically ? A. His age is about 80; his condition physically is good; mentWly, from old age, perhaps, not extremely good; somewhat forgetful. Q. Do you know John W. Kennedy? A. Yes, sir. Q. What is his politics 1 A. Democratic. Q. Do you remember the circumstance of Mr. Dewey coming to the polls to yote ? A. Yes, sir. Q. Will you state what happened ? A. He came there accompanied by Mr. Woodin, a relative, and after finding that he was registered, and after getting his tickets, Mr. Woodin went up to the inspectors with Mr. Dewey and said that Mr. Dewey wished assistance and that his eyesight was not good; Mr. Linehan said that if his eyesight was not good, and he made the usual affidavit, assistance would be allowed; Mr. Dewey said his eyesight was good and that he could see, and he seemed to resent the question of his eyesight; Mr. Woodin then came down outside the limits and Mr. Dewey took his tickets, and after being shown by Mr. Linehan how to fold them, from the pink ballot, he went in the booth; he came out with the tickets, with some folded and the others not folded, my impression is; Mr. Linehan told him they should all be folded the same; he went in and came out several times with them folded in different shapes, and I think at no time did he have them all folded; they repeatedly showed him how to fold them; Mr. Kennedy, at various times, objected, and was quite loud, and advanced within the rail and stated that they were n6t giving him a fair chance; Mr. Linehan frequently asked him if he wished help and he said he didn't; pretty nearly an hour was consumed in his going in and coming out; Mr. Linehan at one time stated that if anyone could suggest any instructions to fee given Mr. Dewey to help him out he would be glad to have it done; after an hour Mr. Dewey started to go outside of the limits and he was advised by Mr. Kennedy not to give up his tickets, but to put them in his pocket and take them with him. Q. What did yoil hear Kennedy say ? A. I couldn't state his words, but his advice was quite strong that Mr. Dewey should not give up the tickets; that was the substance of his remarks; Mr. Dewey finally went outside the limits and gave them up. Q. What was the length of time that elapsed between his receiving the ballots and going outside of the rail? A. I should place it at pretty nearly an hour. 361 Q. Other than Kennedy, did you see any Democrat electioneering within 150 feet of the poll that day ? A. Only in one instance. Q. What was that ? A. There was one of the TOters just going in to vote, and he was offered a paster as he was going in, before he got his oflSicial ballots. Q. By a Democrat? A. Yes, sir; I objected to his electioneering within the limits, and he told me it was simply a paster having the name of the Democratic Assemblyman on; he said he had had some talk with him about it, and he had partly promised to vote that ticket and he thought he ought to; but he didn't give it to him. Gross-examination : By Mr. Whitman: Q. Being a Democrat you obeyed the law? A. Yes, sir; I don't think he intentionally meant any wrong. Q. Did yoii go in for the purpose of assisting any voter? ^A. Yes, sir. Q. Who ? A. Ruel Buggies. Q. What was his physical disability? A. Mr. Buggies was quite an old man, pretty nearly 80, and his eyesight has very nearly entirely failed; so much so that he can't see to read; having had business transactions with him at the bank, I knew as to his condition. Q. Don't you know he gets about the streets without assistance ? A. He does somewhat. Q. By the use of glasses he is able to write ? A. Not that I know of. Q. Do you say he is about 80 ; don't you know that Mr. Dewey is 87 ? A. I don't know just* Mr. Dewey's age, but I think he was 80 or a little over; it is possible he is 87. Q. Did you assist any others ? A. No, sir. Q. There were others assisted ? A. Yes, sir. Q. Do you know who went in with them ? A. No, sir; it was done on both sides. By Mr. Ingalsbt: Q. Before you went into the booth to assist Mr. Buggies, was the, oath administered to him as to his physical disability ? A. Yes, sir. Q. He took the oath ? A. Yes, sir. Heney W. Somebs, recalled: By Mr. Whitman: Q. Is it a fact that John W. Kennedy, whom you describe as a "rabid Democrat," was a Democratic watcher that day, bearing the appoint- ment given by the Democratic county committee f A. No, sir; I think 46 362 not; at least he was not there in the evening or during the canvass of the votes. Q. Was he there during the day ? A. Yes, sir; he was there during the day, as were many others. Q. He has testified to the fact that he was a watcher; don't you know that to be the fact ? A. No, sir; I don't know it, Q. Who was there as the Democratic watcher if he was not ? A. A man named Prouty and another named Orwell were appointed; I think I saw their names upon a paper as appointed by the committee. Q. Will you swear he was not? A. No, sir; but I will swear that this man Orwell, and I will not say as to Prouty, were watchers; no, I will not say as to the second man. Q. I see that Mr. Kennedy in his testimony swears that he was a Democratic watcher appointed by the committee? A. I think the watchers were Artey McMahon and Orwell." Q. Didn't you name a man named Prouty ? A. He was there during the day, and whether they changed off, or how they worked it, I don't know; I think McMahon was the watcher; I am sure he was; he was there right along at night during the' canvass. Q. Who composed the election board ? A. Mr. Linehan, Mr. Prouty and myself. Q. Is this the same Prouty you thought was a watcher ? A. No, sir; his son. By Chairman Kobsoh: Q. In reference to this voter whom you showed so frequently how to fold his ballots, how many sets of tickets did you give him ? A. Do you mean Dewey ? Q. Yes, sir. A. He had but one set. Q. He was all the time trying to fold that one set ? A. Yes, sir. By Mr. Whitman: Q. On any occasion when he came to present the ballots, was the ballot which he offered to the board folded? A. I hardly think he had any of them at any time folded; I am not saying positively. Q. Don't you know as a fact tl^at on several occasions the ballot he offered and which he declared was the one he desired to vote was properly folded ? A. No, sir. Q. Will you swear that such was not the fact ? A. I will swear that his ballots were not properly folded. Q. Will you swear that it is not the fact that on one or more occa- sions when he came out of the booth that the ballot he presented 363 was properly folded? A. I don't know that I can swear to that, but I say he didn't fold his ballots and the board didn't receive them. By Mr. Ingalsby: Q. What time did Kennedy leave the polling place? A. I couldn't say. Q. Did you see him there along late in the afternoon or evening ? A. No, sir; he was not there later. Q. Or the evening? A. No, sir; not in the evening. A. E. Wing, recalled: By Mr. Inoalsbv: Q. You have sworn that you went into tie booth with Euel Euggles ? A. Yes, sir. Q. State whether you were interfered with in any way while going into the booth with him? A. Yes, sir; before going in I was; after Mr. Euggles had taken the oath and requested that I should be allowed to go in to help him; Mr. Kennedy stood in the opening in the railing and as I went along in he grabbed me and attempted to keep me from getting in and insisted that I should not go in; he was quite rough; I said to him, '-'Young man, take your hands off of me; do you know what you are doing ? " Then I said to him, " These inspectors have treated you leniently indeed; if they did right they would eject you from the hall;" he then stepped one side, and I went in and helped Mr. Euggles. Q. He did that after Euggles had been sworn ? A. Yes, sir; and I had started in response to his asking that I might go and help him. By Mr. Eoche: Q. This was after Dewey had gone out ? A. My impression was that it was some little time after. Q. Kennedy evidently felt a little "put out" about the Dewey affair? A. I shovild imagine he did. Abtet MoMahon, being duly sworn, testified as follows: - By Mr. Ingalsbt: Q. Where do you reside ? A. Port Edward. Q. You are an official in the town? A. No, sir; I was last fall; I was " watcher," as we call it there. Q. Weren't you constable ? A. It is the same thing. Q. You were selected by the board to keep order around the polls ? A. Yes, sir. Q. In what district ? A!. First. 364 Q. Do' you know Allen Dewey ? A. Yes, sir. Q. And John W. Kennedy ? A. Yes, sir. Q. What was the fact as to your Being asked by the board one or more times to put Kennedy outside of the rail ? Mr. Whitman. — That, I think, is hardly competent; the point is that no charge could be predicated against Kennedy upon the mere fact that some board complained to the witness. Chairman Roesch. — We will allow it. Q. Wiifl't ■was the fact ? A. He came in there once or twice to challenge one or two men, and he got talking a little loud, and one or two of the board didn't like it very well, and asked me to put him out, and I took him by the arm and led him outside the rail; and after- wards he came inside again, and I put him out again in a few minutes; that is about all there was of it. By Mr. Whitman: Q. You say he had challenged voters? A. Yes, sir; he come in to challenge voters, and he was talking quite loud, and some of the board asked me to put him out. Q. Isn't it a fact that he is deaf? A. Yes; you have got to holler pretty loud to make him hear. Q. Is it not his habit to talk loud, owing to his deafness 1 A. Yes, sir. By Senator Endbes: Q. Were you inside the polling place ? A. Yes, sir. Q. You saw what was going on ? A. Yes, sir. By Mr. Boohe: Q. You were not a watcher appointed by any Democratic town or county committee upon that day? A. Yes, sir; and I have got the papers in my pocket to show for it. Q. Do you say you were a constable also? A. No, sir; I was not a constable; they put it in that way; if I would be a constable there that day if they should want me to put a man out. By Mr. Whitman: Q. That is, the village authorities appointed you as police constable ? A. I got papers from Denny Orwell there; I suppose they were from the village authorities. By Mr. Inqalsby: Q. Do you remember Allen Dewey coming there ? A. Yes, sir. Q. And coming inside the rail? A. Yes, sir. 365 Q. And being inside for some little time ? A. Tes, sir; he was there • three or four minutes before getting his tickets; there was quite a number in there when he first came in. Q. Before voting was he in there for some time ? A. Tes, sir. Q. Before finally going out ? A. Yes, sir. Q. How long in your opinion was he inside the rail from the time he first entered until he gave up his tickets? A. I should judge about three-quarters of an hour or such a matter. Q. What is your politics ? A. Democrat. - By Mr. Roche: Q. Will you show me the papers containing your appointment ? A. Yes, sir (producing same). RosEALGED A. Gut, being duly sworn, testified as follows: By Mr. Ingalsby: Q. Where do you reside ? A. Sandy HiU. f^ You have resided there for what length of time ? A. For thirty years or more; always in the town. Q Are you acquainted with the place where the polls were held in district No. 3 ? A. Yes, sir. Mr. Whitman. — Did you overlook the fact that counsel for the con- testant in the argument claimed to the committee anything on account of that? Mr. Ingalsbt. — You made a remark to that effect, but I did^ not know ■W'hether it was intended that you would allow that testimony to be stricken out or not. That being so, Mr. Chairman, we move that the testimony of Mr. Snyder as to the granting of a license to E. P. Morrison, to sell liquor at No. 131 Main street, Sandy Hill, and of E. P. Morrison, as to selling liquor at that place, be stricken out. Chairman Roesch. — On consent it is so ordered. Bradford C. Harvbt, being duly sworn, testified as follows : Mr. Ingalsbt.: — ]ilj.. Harvey was subpoenaed to testify as to the same state of facts that Mr. Guy was to testify to, but as the testimony is now stricken out, we have no questions to ask the witness. He was subpoenaed to meet that testimony. By Chairman Robsoh: Q. Where do you reside ? A. Sandy HilL Q. How far away from here ? A. Fifty-eight miles. Q. Have you been subpcenaed as a witness ? A. Yes, sir. 366 Mr. Inoalsby. — If the committee please, that exhausts our witnesses for to-day, but if you will indulge us for a moment, until we look up a little testimony, we may wish to ask some of the witnesses here a few more questions. Chairman Eoesoh. — Yes, certainly. Joseph M. Battle, being duly sworn, testified as follows: By Mr. Ingalsby: Q. Where do you reside ? A. Greenwich. Q. Tou were a voter in that town? A. Yes, sir; in district No. 1. Q. You voted in that district last fall ? A. Yes, sir. Q. Is that the election district in which the ejection was held in the opera house building ? A. Yes, sir. Q. Did you see any Democratic paster ballots given out within 150 feet of. the polling place in that district last fall ? A. Yes, sir. Q. By whom? A. McAger Paddan; it was on the sidewalk, just before you went into the opera house. Q. The ballot was offered to whom ? A. To me as a complimentary ballot for Mr. Barber for some state engineer that he wanted I should vote for; he said, eight or nine Democrats were going to vote for Mr. Finch, and this was merely a complimentary vote, and he wanted to know if I would vote it. Gross-examination : By Mr. Whitman: Q. You are a well-known Bepublican in the town ? A. Yes, sir. Q. Mr. Fadden knew yo^ were ? A. Yes, sir. Q. He simply wanted you, out of compliment, to give a vote to Mr. Schenck? A. Yes; for Mr. Barber. Q. In exchange for that it was understood that some Democratic votes were to be given for your candidate for sheriff t A. Yes, sir; for Mr. Finch. Q. That is the only instance you know of ? A. Yes, sir. Mr. Ingalsbee. — If the committee please, that completes our list of witnesses. Chairman Eoesoh. — The committee stands adjourned until Wednes- day evening, at 7.30 o'clock. 367 Albany, N. T., March 2, 1892. The committee met pursuant to adjournment. Present — Messrs. Eoesch and Bndres. David Eobertson, being duly sworn, testified as follows: Examined by Mr. Wellington: Q. Where do you reside ? A. White Creek. Q. Washington county ? A. Tes, sir. Q. You are a voter there ? A. Tes, sir. Q. In which district ? A. First. Q. Is that in the village of Cambridge?^ A. Tes, sirl Q. Is there a hotel there named the Irving House ? A. Tes, sir. Q. Tou know of that hotel ? A. Been in there some. Q. Do you remember being in there on election day ? A. Tes, sir. Q. How long were you there on that day? A- Couldn't tell you. ' Q. Did you spend a part of the day there ? A. I was out and in there the sam6 as anywhere else. Q. Tou were out and in the better part of the day ? A. I don't think I was there near as much as I was some other places; know I wasn't. Q. Tou don't live there at that hotel ? A. No, sir. Q. It isn't your custom to go there frequently? A. Tes, .sir; I am in there quite often; very often. Q. Did you meet on election day some electors in that hotel, men that had voted? A. Couldn't say for certain; met a good many; I couldn't say who in particular. Q. Did you have any transactions with them on that day ? A. No, sir. Q. Did you not on that day pay gut money to men that had voted ? A. No, sir. Q. Not any money ? A. No, sir. Q. Did you on a subsequent day ? A. Pay any money for what ? Q. Did you pay out any money to anybody ? A. Pay out money every day most. Q. Did you pay out money on the day following election day to men who had voted? A. Not that I remember of; I don't remember one. Q. Don't remember one ? A. No, sir. Q. Tou wouldn't swear you didn't ? A. I didn't pay out any money to anybody that day or the next day. Q. Tou are a Democrat ? A. Tes, sir- 368 Q. Did you not have a fund in your possession for electioneering purposes ? A. No, sir; only my own money. Q. But you had some money ? A. My own money. Q. How much did you have ? A. Couldn't tell. Q. Did you have as much as $200 ? A. No, sir; nor the quarter nor the tenth part of it, I was going to say; I don't know exactly; money of my own; I couldn't tell. Q. Do you not remember, that you have stated since election day that you paid out money to voters ? A. No, sir; I don't remember. Q. Think it over now, don't you remember you have stated to vari- ous, persons that you have paid out money? A. No, sir; I don't remember it. ■> Q. Do you remember paying out any money to any one on election day? A. No, sir. Chairman Eoesoh. — He would like to know whether you used any money on election day to buy votes with ? The Witness. — No, sir. Q. Did you induce anybody to remain away from the ' polls and not vote ? A. Never did that in my life. Q. Hired nobody to go gunning or fishing on election day or any- thing of that kind ? A. No, sir; it isn't my way, I want them all to come. Q. I understand you to say you didn't pay any one to vote ? A. No, sir. Q. Did you pay men money before they had voted? A. I told you no; not for voting. Q. Didn't you on election day or the following day pay men who had voted, at the Irving House ? A. Not that I remember of. Q. That is as strong as you will put it? A. I think I ought to know something about it. Q. When were you subpoenaed to come here? A. To-day, you mean? Q. Yes 1 A. Half-past 4 Q. What time did you leave Troy ? A. Couldn't tell. Q. You just arrived in Albany and came right up here ? A. Yes, sir. Q. Whom did you meet on the train ? A. Who, that I knew, do you mean ? i Q. Did you not sit with Mr. Charles H. Barber ? A. I did a little ways. Q. On the train coming down ? A. Yes, sir; after I came where he was. •369 Q. He met you in the depot in Troy ?' A. I think it was above Troy;' I went through the car and happened to see him. Q. Where did he first see you ? A. I can't say; above Troy, I think. Q. You came down with him part of the way ? A. Part of the way, Q., Did you know he was sitting behind you ? A. I didn't look around; no, sir. Q. Didn't you on the train down tell Barber that you had paid money for electioneering purposes ? A. Not that I remember of. Q. That is a very recent occurrence, isn't it ? A. Yes, sir. Q. Don't you know you did and you were overheard ? A. I don't know anything about it. Q. Didn't you tell Mr. B. P. Morrison that evening that you bad used money? A. No, sir; he asked me if I had used Any and I told him no. Q. Didn't you ask him how he got onto it, substantially that ? A. No, sir. Q. Didn't you ask him who it was that told him? A. No, sir. Q. Or anything like that? A. No, sir; not that I know of; I didn't say any such thing as that at all. Q. Did you give the number of this district "i A. First district. Joseph Lafbanoe, being duly sworn, testified as follows: By Mr. Ingai,sby: Q. Where do you reside ? A. Whitehall, third district. Q. In what district? A. Third. Q. At the last fall election you were about the polls, were you ? A. I was a watcher. Q. Of what party ? A. Republican party. Q. You are a Republican? A. Yes, sir; I am. Q. Did you know the Democratic workers at that district? A. Yes, sir. Q. Did you see any Democratic workers electioneering within 150 feet of the polling place ? A. I did; one. ' Q. What did you see him do ? A. Saw him give a paster to s man that had been in a booth; he had had a paster and spoiled it, and he wanted another, and he handed one to the man; he had his elbow on the railing. Q. When he gave out this ballot ? A. Yes, sir. Q. Who gave out this ballot? A. David Boliver. Q. Where was he with reference to the voting place when he gave out the ballot ? A* He was right inside the voting place, just outside the railing. 47 370 Q. Do you know Alfred Blanchard ? A. I do. Q. He lives in Whitehall ? A. Yes, sir. Q. Have you had any conversation with him as to what was told to him by Mr. Corbett, about appearing here in obedience to a subpoena ? A. Blanchard said he had been down to the place where he works^ and that Corbett told him not to come here. Q. What are Corbett's politics ? A. Democrat. Q. And is he prominent in the party, in Whitehall ? A. Yes, sir; he seems to be. Gross-examination : By Mr. Whitman: Q. Were you sworn here before? A. No, sir; I was not. Q. Was your brother ? A. Yes, sir. Q. What is your occupation? A. I am a mill hand; I work for Mr. Burleigh. Q. How much did you get for attending the polls ? A. I didn't get anything. Q. You got paid for your day? A. No, sir; not from the Eepublicans; I got it from the committee. Q. How much did you get ? A. Three dollars. Q. That is all? A. That is all that is allowed every year. By Mr. Wellington: Q. What committee, Bepublican committee ? A. Yes, sir. Q. What office did you fill ? A. Watcher. By Mr. Whitman: Q. You voted the Republican ticket? A. Yes, sir; I did; always will. Ac^ustds E. Stevens, being duly sworn, testified as follows : By Mr. Inaalsby: Q. Where do you reside 1 A. Whitehall. Q. What election district? A. Second. Q. What official position did you hold in that district at the last election? A. Poll clerk. Q. Who was your associate poll clerk? A. Ernest Grreenough. Q. What are his politics ? A. He is a Democrat. ^ Q. And you ? A. I am a Republican. Q. What did you observe the Democratic poll clerk do during the day ? A. I saw him in the afternoon, I think it was along in the afternoon, assisting the Democratic watcher. 371 Q. State what he did ? A. He gave the names of those that hadn't voted to the Democratic watcher. Q. Then what was done with those names ? A. The watcher took down the names on a piece of paper and went out of the room and returned and took some more names, and went back shortly after that. Oross-examination : By Mr. Whitman: Q. Was anything like that done by any person on behalf of the Republicans'? A. Not that I seen; no, sir. Q. Don't you know that each party had adopted that means of finding out what voters were back ? A. I did not do it. Q. You don't know the inspector did it? A. I don't think he did; he didn't to my knowledge; he might have done it. Q. Will you swear it wasn't done; you are a fair man? A. lean safely say to the best of my knowledge it was not done; I didn't see it done. Q. Will you swear it wasn't done ? A. No, I wouldn't, because I have no means of knowing it wasn't done; it wasn't done to my knowledge; that is the best way I can answer that question. i John J. Bottom, being duly sworn, testified as follows: By Mr. Ingalsby: Q. Where do you reside ? A. Whitehall. Q. And in what election district ? A. No. 4, 1 believe. Q. Where were the polls last fall, at the November election; in what building? A. In village hall, we call it. Q. You voted the Democratic ticket ? A. Yes, sir. Q. On the morning of election day did you have a conversation with Louis Le Plant ? A. Yes, sir. Q. What did he tell you ? A. He asked me if I had voted and I told him no, I hadn't voted yet. Mr. Whitman. — I object to that; it is not competent to prove a con- versation by this witness for two reasons. First. They can in no way contradict Louis Le Plant, because they themselves called him as a witness and the rule estops them from contradicting him in anyway or impeaching him; and, secondly, the witness has not been asked as to the subject of the conversation. Mr. Wellington. — This is not for the purpose of contradicting Le Plant in anyway; 372 Q. On election morning were you promised by anyone five dollars for your vote ? A. He told me — [Objected to.] Senator Endees. — Answer the question as he puts it to you. The Witness. — Yes, sir. Q. And were you paid anything for your vote ? A. No, sir. Q. You voted after that? A. Yes, sir; about 10 o'clock; between 10 and 11. Q. "What ticket were you told you would receive five dollars for voting? A. He didn't say. • Q. Was Mr. Le Plant a Democrat ? [Objected to.] By Mr. Wellington: Q. Was the man that promised you the money for voting a Demo- crat ? A. I couldn't say what his politics is. Q. What was the conversation you had with this man? [Objected to on the same grounds before stated and as incompetent, irrevelant and hearsay.] Mr. Wellington. — We wish to prove by this man' that Mr. Le Plant told him' that if he voted the Democratic ticket he would get five dollars. [Objected to as hearsay.] Q. Were you promised on election day that you would receive five dollars, if you would vote the Democratic ticket ? A. No, sir. Albert A. Rathbun, being duly sworn, testified as follows: By Mr. Ingalsbt: Q. Where do you reside ? A. Whitehall. Q. In what election district ? A. No. 5. Q. You were a voter in that district last fall? A. Yes, sir. Q. Did you attend at the polls, most of the day ? A. About two- thirds of the day. Q. Do you know the names of the Democratic workers in that dis- trict at the last election ■? A. Part of them. Q. Mention them? A. Martin Fealey, Richard Coleman, Henry Stewart, Justice Watkins. Q. That is John Watkins ? A. Yes, sir. Q. You dre quite well acquainted with the voters of that district ? A. Part of them. Q. And those that are denominated as "doubtful voters?" A. Yes, sir. Q. State what you observed as to the actions of these Democratic workers and these doubtful voters during the day ? A. If a doubtful voter came there, he was taken up a side street. 373 Q. Before they voted, or after ? A. Before they voted. Q. Then they would come down and do what? A. Go in and vote. Q. What street was that; that side street ? A. I couldn't tell you the street. Q. Do you know where these men were taken ? A. Walked up- street, arm in arm. Q. Is there a saloon up that street, to your knowledge ? A. No; there isn't any up that way. Q. I would like to call your attention to an incident that occurred in that polling place; who were the inspectors of election ? A. Charley Hotchkiss, George Douglass, were the two Democrats. Q. The board was a Democratic board ? A. Yes, sir. Q. What did you observe the Democratic in&pector Hotchkiss do on one or two occasions ? Senator Endbes. — When; during election day? Mr. Wellington. — Tes. The Witness. — A voter came out with all of his tickets in one hand, and when they asked which ones he wanted to vote, he didn't hardly know, and the inspector opened them and looked them over, and then put in the one he granted. Q. That is, he selected one and put it in the box where the voted ballots were placed ? A- Yes, sir: Q. And the other ballots; what was done with them? A. Put in the other boxes. Q. That was Mr. Hotchkiss ? A. Tes, sir. > Q. Did you notice a second instance somewhat like that? A. Yes, sir. Q. Tell us about it ? A. Done the same way. Q. Who was the voter, what class of voters did he belong to ? A. Well, he was a " doubtful voter," I should say. Q. When he went up to vote who was with him ? A. There was a man came up as far as the door with him. Q. Was he a Democrat ? A. Tes, sir. Q. And a Democratic worker ? A. Yes, sir. Q. The voter passed in and then tell what was done? A. The inspector opened the ballots and put in. one. Q.' He went to a booth and had returned? A. Yes, sir; came out with his ballots all in one hand, he opened them and then put in the one he wanted. Q. Well, he selected one," did he ? A. Tes, sir. Q. And wha|t did he do with that one ? A. Put it in the ballot box, then he turned and looked at the man at the door. ' 374 Q. Who was the man at the door ? A. A Democratic worker. Q. Then the voter passed out; what happened then? A. Went up the street together. Q. Who ? A. The Democratic worker and this " doubtful voter." Q. Do you know where they went ? A. No; I couldn't tell you. Q. Did you see them return ? A. No, sir. Q. About noon of that day, what did you do toward getting some people in from your neighborhood — you lived some little distance from the village? A. Yes, sir; about five miles. Q. What did you do with reference to getting some people down ? A. I asked Mr. Burleigh and he got me a team and I went up and got two or three of them down in that neighborhood. Q. What happened when you drove off ? A. The Democratic worker told me I was a damned fool for going; that Burleigh wouldn't give me anything, and that he would give ra.% ten dollars for every voter that I brought'in. Q. That they would give you ten dollars for every voter that you brought in? A. Yes, sir. Q. You gave the names of the two Democratic inspectors, did, you? A. Yes, sir. Q. What were they ? A. Charley Hotchkiss and George Douglass. Q. And this opening of the ballots in each case was done by which one? A. Hotchkiss. Q. And he was one of the Democratic inspectors ? A. Yes, sir. Gross- examination : By Mr. Whitman: Q. What do you mean by a "doubtful voter?" A. Them that can be influenced by money. Q. This fellow voted, didn't he ? A. Yes, sir. Q. He wasn't doubtful after he voted ? A. I don't think he was. Q. Who was the man, the first man? A. I don't know the first man; I do the second. Q. You don't know that man's name ? A. Not the first man. Q. How did you know he was a " doubtful voter," then ; you don't know anything about his politics, do you ? A. I had seen him going up the side street with him. Q. Is that all ? (No answer.) By Senator Endres: Q. Had you ever seen him vote before the last election ? A. Yes, sir. , Q. When ? A. A year or two before. 375 Q. Was he a "doubtful voter'' then? A. Yes, sir; considered him 80. Q. Always walked up the street before going to the polls ? A. Most generally. By Mr. Whitman : Q. Who was this Democratic worker you say walked up to the door with him ? A. Martin Fealey. Q. Tou didn't hear him say anything to him? A. No, sir. Q. It was nothing unusual for two or three people to come up at a time ? A. No, sir. Q. Who was the second man you call a " doubtful voter ? " A. He goes by the name of Van Ess Hall; I think his right name is John Hall. Q. Do you know what his politics are ? A. 1 guesa he ain't got any. Q. Tou are only guessing at it, aren't you — did you ever buy him to vote? A. No, sir. Q. Burleigh ever give you money to buy him to vote? A. No, sir; Burleigh never gave me a cent of money. Q. Who was this man that told you Burleigh wouldn't give you any money ? A. Charley Viette. • Q. What is he ? A. Democrat. Q. Tou were joking that day about going out for voters, weren't you ? A. No, sir; I wasn't. Q. Isn't it a standing joke up there that Burleigh never keeps his promise as soon as election is over ? A. I don't know as to that. Q. Haven't you heard it — never heard that ? A. No, sir. Q. That he never paid after the election was over ? A. I never had no dealings with him. Q. He gave you the carriage to go out and get these men ? A. Yes, sir. Q. Whose did he give you, his own? A. One he hired, I suppose. Q. Weren't these men asked which ticket they wanted to vote ; you say they had their tickets in their hands ? A. I didn't hear what they did say, hardly. Q. How far were you away from this man when this transaction occurred ? A. As far as from here (indicating) to the edge of the room, probably. Q. Can you testify that the ballot that that man wanted to vote wasn't the one that was put into the box ? A. No, I can't. Q. For aU that you know it was the ballot he wanted to vote and that he said he wanted to vote that ballot; you can't testify but what he did ? A. He didn't appear to know. 376 Q. Tou say you stood where you couldn't hear what was said; you can't swear, can you, that the man didn't tell the inspector that a certain ballot of the ones he had in his hand, was the one he wanted to vote? A. No, sir. Q. Who was the Eepublican inspector? A. Charley Reed. Q. Was he present at the time ? A. Yes, sir. Q. Did you hear him say anything ? A. No; he didn't. Q. Didn't say anything ? A. No, sir, Q. Did he see this transaction ? A. I don't inow as to that. Q. He was right there? A. Tes, sir. By Senator Endkes: Q. Were you a poll clerk? A. No, sir. Q. You don't know that these men were paid anything for voting ? A. No, sir. ' Charles H. Bulson, being duly sworn, testified as follows: By Mr. Ingalsby: Q. Where do you reside 1 A. Greenwich. Q. For what length of time have you resided there? A. Twenty odd years. Q. Your politics have been what ? A. Democrat. Q. What is your business ? A. Well, I have been to work for the ' Acme Scale Company, a laboring man. Q. You have run for office on the Democratic ticket against a Republiaan? A. Yes, sir. Q. With what result? A. I didn't run on no Democratic ticket; I run as a stump candidate as you call it, a paster ballot. Q. When was that ? A. A year ago this spring. Q. Your politics then were Democratic ? A. Yes, sir. Q. What was the result ? A. I defeated the nominee on the ticket. Q. The town is a strong Eepublican town? A. It is; it was a village ticket; there were Democrats on the ticket as well as Republicans. Q. Do you know Charles H. Barber of your place ? A. I do, sir. Q. Did you tell him this winter that you were afraid to come here and testify in the Collins-f)erby case? A. No, sir; he never asked me that question. Q. Were you, as matter of fact, afraid to come here and testify ? A. No, sir. Q. Did you tell Charles H. Barber, " If I go down there and testify I can not get any more work in this town," or that in substance ? A. I never did. 877 Q. Did Mr. Barber subpicena you as a witness to come here in this Collins-Derby contest? A. He handed me no subpoena; he came and seen me. Q. Did he tell you he had a subpoena for you ? A. He said after- wards he had one for me; I don't know why he didn't give it to me. Cross-examination ; By Mr. Eoohb: Q. Why didn't he give it to you ? A. I couldn't say. Q. Did you see it in his hand ? A. I don't rec^oUect of seeing it in his hand, still he might have had it in his hand. Q. Where were you at .the time ? A. At my Jiouse. Q. When was this? A. On the Sabbat^ day; on Sunday. Q. What did he say to you ? A. He asked me if I wanted to go to Albany; I told him no, I had no desire to go to Albany; that I couldn't give any evidence any more than had been given by Mr. Heron and Mr. Bradley. Q. Didn't he say he had a subpoena for you ? A. I don't recollect of his saying it. Q. What is the cause of your want of recollection ? A. Not any- thing in particular. Q. Didn't he have that subpoena in his hand? A. I couldn't say. Q. Who did you run against when you were elected? A. I ran against Bobert Meek. Q. What were his politics ? A. Republican. Q. Republicans secured your election? A. They did, partly; they helped me a great deal because I couldn't get elected by democrats; that is certain. Q. Have you been given assurance by Republicans within a few weeks or a month that "you would be re-elected to that office. A. No, sir; I haven't craved the office or asked for it, and had no conversa- tion with no one in regard to the office. Q. When is the village election? A. I think in two weeks time. Q. Has anybody spoken to you about running for that office again? A. No, sir. Q. Have you been promised by any Republicans help for re-election to that office if you would come here and testify? A. No, sir. Q. Did Mr. Barber say he wanted you as a witness to come here to Albany ? A. I couldn't say for certain whether he did or not; I don't recollect. 48 378 Q. Tou say you can remember certain parts of that conversation and you can't remember other parts of it ? A. I really can't say; there is times it slips from you. Q. Did anything slip from you in regard to that conversation ? A.. I couldn't say that. Q. Did you tell Mr. Barber that you didn't want to come to Albany; that you didn't want to mix into this case, and it would make trouble for you ? A. I told him I didn't want to come because I couldn't give any more testimony; I didn't tell him it would make any trouble for me. Q. Didn't you say you didn't want to mix in the case ? A. I won't say whether I did or not; I won't swear I did or didn't. Q. Did Mr. Barber say to you it couldn't possibly make any trouble for you, and ask you to come? A. That I coilldn't say. Q. Tou won't say he didn't ? A. No. Q. Didn't he have a subpoena right there in his hand with your name in it? A. That I couldn't say; he showed me no subpoena. Q. Didn't he have a subpoena in his hand ? A. I couldn't say. Q. Didn't he in your presence erase your name from that subpoena? A. No. Q. You didn't want to come, did you? A. I didn't at that time, no; and I didn't at this. Q. But you did come in answer to this subpoena? A. I did, on account of there being so much talk about it. A. Have you been seeking employment on the capitol here ! A. I haven't; no. Q. Have you asked anyone to get you employment ? A. I have spoken to Mr. Hamilton. Q. Have you said that you would or wouldn't come if you did or didn't get employment here ? A. No, sir. Q. Who do you work for? A. I am not working for no one at present; our scales work is closed down; they are not running a fuU complement of hands. Q. When did they stop? A. They stopped the first of December; I did. Q. You haven't worked sinse ? A. I have done work for different ones. Q. For whom? A. I help the telegraph operator; I help people inventory their stores, where I can get a day's work. Q. Have you been talking with anyone about this case within a few days? A. No, sir. Q. When were you subpoenaed ? A. Last night. Q. Have you talked with anyone about it to-day ? A. No, sir. 379 Q. Not even with Barber ? A. No. Q. Tou didn't say to Barber to-day you were going to Albany? A. Yesj you didn't ask me that; he came out this noon when I was coming to the train and asked me was I going to Albany, and I told him I was. By Mr. Inqalsby: "^ Q. What did Mr. Barber say in respect to that? A. In fact I can't say; I paid no attention to it; I was walking along with my daughter. Q. What is Barber's reputation in Greenwich 1 A. As good as any- one's there; I would believe him as quick as I would anyone. Edward P. Mobeison, recalled: By Mr. Ingalsby: Q. You reside in Kingsbury? A. Yes, sir. Q."Did you subpoena John H. Mealey to appear here this evening? A. Yes. Q. Where? A. At his store yesterday afternoon in Greenwich. Q. At about what time ? A. Somewheres about 3 o'clock in the afternoon. Q. Did you subpoena Aaron Bristol, of Greenwich ? A. Yes, sir. Q. When ? A. Last evening. Q. At what place ? A. At his house, I think. Q. W. J. Convery, did you subpoena him ? A. Yes, sir. Q. Where did you subpoena hiiin, and when ? A. I think in Hi Teft's drug store. Q. Have you seen them in Albany? A. I haven't seen them; 1 understand they ain't here. Q. You came down on th6 train from where ? A. I got on the train at Cambridge this afternoon. Q. Did you see them on the train? A. No, sir; I see some Green- wich fellows here, and they said they hadn't seen him, and they under- stood they weren't coming. (Jross-examination : By Mr. Whitman: Q. Did a heavy storm prevail there last night and to-day ? A. About the same as there is here; I rode in it last night. Q. You don't know but what they have some good reason ? A. I don't know what keeps them home. 380 By Mr. Ingalsbx: Q. They all reside in the village of Greenwich ? A. Tes, sir. Q. There is a railroad connection between that place and Albany ? A. Tes. Charles H. Van Ness, being duly sworn, testified as follows : By Mr. Ingalsby: Q. Where do you reside ? A. Greenwich, Washington county. Q. What official position in that town do you hold? A. Town clerk. Q. Have you the poll-list of last November election with you ? A. I have. Q. Prom the town records ? A. Yes, sir. Q. Will you produce the poll-list from district No. 1 of that town ? A. I have them. (Producing same.) Mr. Ingalsby. — Those we offer in evidence. Mr. EocHB.— What for ? Mr. Ingalsby. — For the purpose of examination with reference to the names of the persons who swore they were physically disabled. Mr. EooHE.— Do these prove they were or were not ? Mr. Ingalsby. — No, sir; show the number and the names. Senator Endbes. — Any objection ? Mr. EooHE. — No. Senator Endbes. — Stenographer mark them. (Marked " J. M. E.") Senator Endres. — The town clerk informs the acting member of the committee that he is obliged to take (them back and there ought to be some statement made for the benefit of the committee. Mr. Wellington. — We have witnesses here who vnll make a memorandum. Q. Have you the poll-list of district No. 4 ? A. Yes, sir. (Producing same.) Mr. Ingalsby. — We offer them in evidence. Senator Endbes. — Any objection ? Mr. Eoche. — None. (Marked " J. M. E.")' Mr. Ingalsby. — ^You may ask him. Mr. Eoche. — Nothing. D. W. Mandell, being duly sworn, testified as follows: By Mr. Ingalsby: Q. Where do you reside ? A. Greenwich. Q. In what election district ? A. First district. 381 Q. What official position did you hold in that district last fall ? A. Poll clerk. Q. I show the witness the poll book of that district; will you look through the list of voterib, commencing at the first of the list and give the names of those who took the oath that they were physi- cally disabled, and also the names of the persons who passed with them to the booth? A. The first name is that of Amasa Eose; E. H. Gibson assisted him; Gibson is a Eepublican; the next name is Robert Couser; J. O. Lavake, a Republican, assisted ]iim;tEleazer Looter; E. H. Gibson, a Republican, assisted him; William Bosworth, assisted by E. H. Gibson, a Republican; WiUiam S. Harrington, assisted by C. H. Barber, a Republican; Charles Grant, assisted by J. O. Lavake, a Republican; E. J. Peterman, assisted by William Carter; I don't know William Carter's politics; George Schuyler, assisted by J. O. Lavake, a Republican; William Barnes, assisted by McAger Fadden, Republican; Merritt Finch, assisted by Michael Heron, a Democrat; Solomon Johnson, assisted by Charles H. Bulson, a Democrat; William Welsh, assisted by Charles H. Bulson; William Carter, assisted by Johnson; I don't know Carter's politics; Bulson is a Dem- ocrat; Robert Wilson, assisted by S. L. Stillman; George Fairbanks, assisted by his father, a Republican; I suppose Mr. Fairbanks to be a Republican; Eugene Brewer, assisted by Charles H. Barber, a Demo- crat; John Preho, assisted by E. H. Gibson, a Republican; William Conery, assisted by Edward Gleason; I believe Mr. Gleason is a Democrat. ' Q. Are you in doubt about it? A. No; I haven't any. doubt about it; Edward Whitaker, assisted by B. H. Gibson, a Republican; Richard Murch, assisted by Charles H. Barber, a Democrat; that is all. Q. Have you now given a list of all those who were assisted that day? A. I think I have unless- 1 have omitted some. Gross-examination :- By Mr. Whitman: Q. Do you know a voter by the name of Eleazer Looker ? A. I do. Q. Wasn't he assisted? A. He was. Q. Take, for instance, John Preho ? , A. Tes. Q. He is a business man there ? A. Tes. Q. A wagon maker ? A. Tes, sir. Q. I see he was assisted by E. H. Gibson ? A. Tes, sir. Q. E. H. Gibson is a lawyer; been surrogate of the county? A. I don't know that. Q. What was John Preho's physical disability ? A. I don't know. 382 Q. Don't you know he is able to do business ? A. Yes, sir. Q. Walk around ? A. Yes, sir. Q. Don't you, know his only disability consists in his disability to read and write? A. I don't know that. Q. He can apparently see ? A. Yes. Q. He can walk like other men ? A. Yes, sir. > Q. A mechanic ? A. Yes, sir. Q. Mr. Gibson as well as the board knows Mr. Preho has lived there, and carriedi, on business a number of years ? A. Yes. Q. Didn't you know at the time nothing aUed him except his inability to read ? Mr. Inoalsby. — I object to that as immaterial. | Mr. Mandell wasn't an inspector; even if he had been it would still be immaterial. Q. What do you s^y to that question 1 A. No, sir. Q. Do you know Amasa Rose personally ? A. Yes, sir. Q. What is his business ? A. I don't think he has any business now; I think he is a carpenter. Q. Does your poll-list give the ages of these men; there is a column in it set apart for the age of the voters? A. I can't say; no such column on this list. Q. Look at the first column after the name, and read the heading on the second page ? A. Oh, yes; that column is their " age." Q. Under that column what 'age do you give Mr. Rose? A. Gives him as 90 years old. Q. What, in your handwriting ? A. It is in my handwriting. Q. What is Mr. Rose's physical disabilities as far as you have any knowledge or information ? A. I have no knowledge. Q. Can he see to walk around alone ? A. He can. Q. He is able to walk alone ? A. Yes, sir. Q. Has he apparently got two hand^? A. Yes, sir. A. And got his sight? A. That I don't know; I think not. Q. Do you know whether he can read or write? A. I don't know it, but I think he can read and write; I think he is a reader. Q. If he could read and write, and had the use of his hands and limbs and can see to walk around, what do you understand his physi- cal disability was? A. I don't know anything about it; I don't know what his physical disability was. Q. Pass to Robert Oouser; what was his age given at? A. Forty- eight. Q. He was assisted by James O. Lavake; do you know Mr. Couser ? A. I hardly know him. 383 Q. Do you recall him as an independent fact, that a man by that name was aided by Mr. Lavake ? A. No; I should not have known anything about it, unless I looked at this list. Q. Did he make his way in the voting place unassisted ? A. So far as I know he did. Q. Do you know Eleazer Looker ? A. Yes. Q. How old is he, in fact ? A. I don't know. Q. Do you know Looker ? A. I do. Q. Do you know him to be an insane man ? A. I do not. Q. Isn't he so reputed to be in the community; he is crazy? A. I can't say that I know that. Q. Haven't you heard it ? A. I have heard people say that Looker was off, as they call it; I never heard anyone say he was insane. Q. Can he see ? A. I can't say as to that. Q. Does he walk alone ? A. He does. Q. Did he walk into the voting place unassisted ? A. As far as I know, he did. Q. Wear glasseb ? A. I should say that he used glasses; I didn't see him wear them. Q. What do yoli know about his ability to read and write ? A. I think he can read and write. Q. Do you know William Bosworth ? A. I do. Q. What is his age given at ? A. Ninety-five. Q. How old do you think he is ? A. I don't know; he is a very old man; I don't think he is ninety-five. Q. Charles Grant ; what is his age given at ? A. His age isn't given nor is the age of the others given. Q. What is set down in the column of age? A. The number 106, but his age isn't set down there. Q. It is in the column for age, isn't it ? A. Tes; but it isn't his age for all that; it is the number of the vote. Q. Isn't the next column devoted to the number of the vote; read what is printed on the head of the second column ? A. Number. Q. What does it read? A. Voters' number and corresponding number on his ballot stub. Q. Do you know Grant ? A. Slightly. Q. How old a man is he so far as you know or able to judge ? A. I couldn't tell no nearer than he is about middle age. Q. Did he come in the voting place unaided ? A. So far as I know, he did. Q. Apparently have his eyesight ? A. Tes. Q. And two sound hands and arms ? A. Yes. 384 Q. Yet Mr. Lavake assisted him j turn to George Schuyler; do you know him ? A. Yes. Q. How old a man is he ? A. I have not any idea of George Schuy- ler's age. Q. How old do you think him to be ? A. I think he is somewhere between 30 and 40 years old. Q. Did he come in the voting place unaided ? A. He did. Q. Walk in ?| A. As far as I know. Q. Had his eyesight as far as you know ? A. He has. Q. Do you know in what his physical disability consisted ? A. I do not. Q. Do you know he made an affidavit that Lavake gave him a suit of clothes for voting the Eepublican ticket? A. No. ' Q. Can he read and write ? A. I don't know. Q. Edward Whitaker, do you know him ? A. I don't know Edward Whitaker. Q. Do you recall the fact of a man of that name being assisted ? , A. I do not. Q. Do you know Robert Wilson, Jr. ? A. I don't know him. Q. Do you recall the fact of a man by that name ? A. Simply from having read it here to-night. By Mr. Ingalsbt: Q. Do you know William Conery ? A. I don't know Mr. Conery. Q. Eichard Murch ? A. I don't know Richard Murch. Q. What was his physical disability ? A. I don't know. Q. Do you know that he is physically disabled in any way ? A. I do not. Q. Turn to your book and see by whom he was assisted ? Mr. Whitman. — He gave it as Mr. Barber. Q. Do you know W. S. Harrington ? A. No. Q. Merritt Pinch, do you know him ? A. I know Merritt Finch. Q. What is his physical disability ? A. I don't know. Q. Can he read and write ? A. I can't say whether he can or .not. Q. How old a man is he ? A. I should think about 40. Q. A laboring man ? A. Yes. Q. You never noticed any physical disability ? A. Never noticed any physical disability on his part. Q. Richard Murch, how old a man is he ? A. I think he is 50. Q. What is his business ? A. He is a teamster, I think. Q. Do you know whether he can read or write? A. I do not. Q. What is his physical disability ? A. I don't know. 385 Q. He is a laboring man ? A. Tes. Q. Tou never noticed any physical disability ? A. I never saw any or knew of any. . , Q. Eugene Brewer, do you know of him ? A. I do. Q. How old a man is he ? A. He is a youngish man, maybe 30. Q. Is he a laboring man? A. He is, Q. What about his disability ? A. I don't know. Q. Do you know whether he can read and write ? A. I do not. Q. Is there any record made in that poll-list of the ages of the voters? A. None. Q. But in the column marked for ages or any portion of that column there are what numbers placed ? A. Numbers of voters. By Mr. Whitman: Q. The election board at that district was Republicans, the majority were Republicans ? A. Tes. Q. Didn't you know Merritt Finch is a pensioner of the United States government, drawing a pension for disability received in the army? A. No; I do not he was ever in the army. Q. How long have you known him ? A. Quite a number of years. Q. Know him before the war? A. I doubt if I did, but I can't say. Chaeles H. Van Ness, recalled: By Mr. Ingaisby: Q. Tou hold in your hajud the election poll-list of district No. 4 of Greenwich ? A. Tes, sir. Q. Will you give us the names of those voters as shown by that list who were assisted, and also the names of those who assisted them and the politics of the person assisting? A. I see No. 63, J. J. Howard, was assisted by H. Barber; I should think that was Horton A. Barber. Q. His politics? A. Republican. Q. The next ? A. One hundred and two, John W. Clarke, assisted by Simon Clarke; Simon Clarke, I think, is his son, a young man. ' Q. His politics? A. Republican; No. 105, John Lindsey; he was assisted by George Stewart, a Republican; 112, David Green, Jr., assisted by Robert Hamilton, a Democrat; 114, Edward McMahon assisted by Robert Hamilton, a Democrat; 130, Thomas Reed, assisted by P. Kenyon; I can't say who that Mr. Kenyon was; there is an inspector here from that district; he can tell; 153, David B. Green, challenged, took both oaths for cduse; that doesn't say who went in with him. Q. He was challenged and took oath for cause? A. Tes. 49 386 Q. He didn't make any oath as to disability? &.. No, sir; I should judge that is what this means, the cause of disability; it says for cause; 157, Crandall, Greene, challenged, took oath for cause; 175, Harrison Smith, assisted by F. A. Eeynolds, a Republican; 220, William Whipple, aided by James H. Thompson, a Eepublican; 247, Henry Eoot, aided by James H. Thompson, a Republican; 262, James Warwick, assisted by James H. Thompson, a Republican; 264, D. S. Durley, assisted by C. H. Barber, a Democrat. Mr. Ingalsbt. — These books we have no further use for. Mr. Whitman. — We don't care for them; we have examined them. Senator Endebs. — If you are satisfied I have no objection. By Mr. Whitman : Q. Does the poll-list of district four show who the inspectors were ? Mr. Ingalsbt. — That appears in your testimony as district No. 2. A. No, sir; it does not. Q. Isn't the poll-list signed at the end? A. No, sir; it is not; I have the registry list. Q. Who were the Republican inspectors ? A. They were Judson Eddy, Adler Eeynolds, the Republicans, I think; W. J. Con very and Aaron Bristol, the Democrats. OsoAii H. Eddy, being duly sworn, testified as follows : By Mr. Ingalsbt: Q. "Where do you reside? A. Greenwich. Q. What is your business? A. Foundry business, agricultural implement. Q. You do business under what name? A. W. Eddy & Sons. Q. Sometimes the firm is known as Eddy & Company ? A. No, sir; for the last five years it has been W. Eddy & Sons. Q. Is there any Eddy & Company in your village, or in that vicin- ity ? A. No, sir. Q. I think it has been mentioned in the testimony as Eddy & Com- pany; you are acquainted with your employes? A. Yes, sir. Q. What is your average number of employes? A. About twenty- five. Q. Do you keep them in pretty steady employment during the year ? A. Yes, sir. Q. Are you acquainted with their* politics ? A. Somewhat. Q. State the politics of your Employes? A. I think there are fifteen Democrats and ten Republicans. 387 Q. That is about the number you had in your employ last fall? A. Yes, sir. Q. Are they substantially the same men? A. Yes, sir. Mr. Whitmam. — Nothing. Feank Kjngslet, being duly sworn, testified as follows: By Mr. Ingalsby: ■ Q. Where do you reside ? A. Comstock. Q. In what town ? A. Fort Ann. Q. ^What election district? A. First. Q. You resided there last fall ? A. Yes, sir. Q. Voted in that district ? A. Yes, sir. Q. Where was the polling place held ? A. Held in the hotel. Q. What is the name of the hotel ? A. Carpenter's hotel. Q. Called so from the present proprietor ? A. Yes, sir. Q. Are you acquainted with the ground floor of the building ? A. Yes, sir. , ^' Q. Have you drawn a diagram showing the ground floor of the hotel ? A. Yes, sir. Q. Giving distance, size, rooms, etc. ? A. Yes, sir. Q. Have you it with you? A. Yes, sir. Q. Will you produce it ? A. Yes, sir. [Producing same.] Q. The hotel fronts in which direction ? A. Fronts to the east. Q. There is a hall leading quite a ways toward the rear pf the hotel from the front ? A. Yes, sir. Q. On the north of that hall there are certain rooms ? A. Yes, sir. Q. And on the south certain rooms ? A. Yes, sir. Q'. What is the first room on the north from the front ? A. The office or bar-room. Q. The next room to that in the rear ? A. Store-room. Q. Is there any communication between those two rooms ? A. Yes, sir. Q. A door ? A. Yes, sir. Q. The next room to the west ? A. A pantry. Q. Is there any connection between the store-room and the pantry ? A. No, sir. Q. The next in the rear of the pantry, still further to the west ? A» Kitchen. Q. Now we come to the hall; is there a door from the bar-room into the hall ? A. Yes, sir. Q. About what is the width of the hall ? A. Seven feet. Q. What is the length ? A. Thirty-on© feet. 388 Q. On the south of the hall, what is the first room at the front of the hotel? A. Parlor. Q. And the second room ? A. Sitting-room. Q. And in the rear of that? A. A dining-room. Q. The dining-room extends north the width of the sitting-room, and also what distance further ? A. The width of the hall, seven \ feet. Q. Is there an entrance from the dining-room into the hall ? A; Tes, sir. Q. What is the distance from the bar-room door to the door into the dining-room ? A. Twenty-five feet. Q. Is there any door from the store-room into the hall? A. No, sir. Q. In what room was the election held ? A. In the dining-room. Q. Does that adjoin the bar-room or the store-room at any point ? A. No, sir. Q. Your diagram shows the position of the rail ? A. Yes, sir. ' Q. And of the voting booths ? A. Yes, sir. Q. How is the rail designated on your diagram; is the rail desig- nated by any letter? A. No, sir; it is not. Q. By a line drawn ? A. Yes, sir. Q. Mark that rail with some letter. A. [The witness marks it "rail."] Q. The booths are how marked ? A. A, B, C, D. Mr. iNGAiSBY. — This we offer in evidence. Senator Ekdres. — Any objection ? Mr. Whitman. — No. , [Marked "J. M. E."] By Mr. Whitman: Q. What do you mean by the word " adjoining ? " A. When they are connected, I suppose. Q. The fact is as shown by that diagram that this house is divided by a hall-way running through it from east to west ? A. Euns as far as the dinihg-room. Q. Do you know where the election was held ? A. Yes, sir. Q. Where ? A. Held in the dining-room. Q. Do you know anything about liquor being sold in the hotel a month previous to the election last fall ? A. No, sir. Q. Ever see any liquor sold there ? A. Yes, sir. Q. Lately ? A. No, sir. Q. Since Carpenter had it ? A. Not since his licence run out the first of May. 389 Q. When did lie have a license ? A. He had a license a year ago this winter. Q. When did he go there ? A. He went there a year ago last fall in November. Q. Where was the liquor sold then ? A. In the bar-room or office. Q. You don't know that since his license expired that the liquor sold on those premises were sold in the room which yon call the store- • room ? A. No, sir. Q. You have been in and about that hotel within sixty days of the last election before it ? A. Yes, sir. Q. You never saw anything sold in what you call the bar-room ? A. No, sir. Q. Had you been in what you call the store-room ? A. No, sir. Q. You are not aware of the fact that liquor, of which evidence has been given here, was sold and drank in the room you call the store- room ? A. No, sir. Q. Isn't it a fact, as shown by your diagram, that there is no room intervening between this store-room and the dining-room where the polls were held? A. It is not connected to the dining-room. Q. Isn't it a fact there is no room intervening between the store- room and the room in which the polls were held? A. No; there is no room. Q. There is a door leading from the store-room into this hall? A. Not that is used. , Q. Is there a door ? A. There is a doorway. Q. Is it nailed up ? A. I suppose it is; it always has been. ■Q. Do you know anything about it ? A. No, sir; I do not now. Q. There is a door from the dining-room or the place where the polls were held opening in the same hall ? A. Yes. Q. Only one is on one side of the hall, on the south side, and one on the other, the north side ? A. No, sir. Q. There is a door leading from the dining-room into this hallway ? A. Yes. Q. That dining-room is on the south side of the hall ? A. No, sir; on the west side. Q. On the end of the hall ? A. Yes, sir. Q. There is a door also leading from the hall into a room which you call the store-room ? A. Yes, sir. By Mr. Ingaisby: Q. In the rear of the store-room there is a room which you denomi- nate what? A. A pantry. 390 Q. In the rear of the pantry ? A. A kitchen. Q. Is there any door leading from the store-room to the pantry ? A. No, sir. Q. Does the store-room at any point adjoining the dining-room ? A. No, sir. Q. Does the bar-room at any point adjoin the dining-room ? A. No, sir. By Mr. Whitman: Q. Ton say you understand by the word adjoins that it connects ? Mr. Ingaisby. — I ' object to that questson as immaterial and incompetent. By Mr. Ingalsby: Q. You have said the store-room did not, at any point, adjoin the dining-room; does it touch it in any way? A. No, sir. Q. Does not cornerwise, sidewise, touch it or adjoin it ? A. No, sir. By Mr. Whitman: Q. Tou say there is a doorway into the hallway ? A. Not as used as a door. Q. But there is a doot ? A. Yes, sir. Q. There is also a door leading from the hallway into the place where the polls were held ? A. Yes, sir. Mr. Ingaisby. — If the committee please, we have subpoenaed for attendance here this evening the county clerk of our county, to bring with him the election returns from the various districts of the various towns of that county. There is under subpoena here a large number of inspectors of election from the different districts of the county; we subpoenaed the county clerk for the purpose of producing these returns, and with these returns before us we had some matters we wished to ask of the inspectors. A telegram has been received from Mr. Van Wormer. It is perhaps unnecessary to state aU through our country a very serious storm has been raging to-day, and we got a telegram from Mr. Van Wormer, at Fort Edward; Fort Edward is his nearesb telegraph station. He telegraphed us: "Eoads drifted and missed train; when shall I' come down ? " There is no other train he can reach here until 3 or 4 o'clock in the morning; if an arrangement can be made whereby we can examine these inspectors in the absence of the returns, we would very much like that it be done. It will be remembered when the contestant had the case the county clerk was subpoenaed and the returns were inspected with reference to dis- 391 orepancy appearing, as was alleged, between the number of votes certified to have been cast for John H. Derby in the body of the return, and the number of straight Eepublican ballots that were certi- fied to have been voted. We called the inspectors to show that both statements in those returns were correct, and that the differenee, the discrepancy, arises from the fact that the cut ballots and split ballots were not returned. We have the stenographer's minutes, and if we can proceed with/ that line of examination without the original returns, it would be a great convenience to the inspectors who are present from quite a number of towns in the county. Sir. WELLiNaioN. — ^Let me make an additional suggestion, as it is perfectly evident to the committee as well as counsel, that evidence was a farce because the reason of the discrepancy was perfectly apparent and the discr^ancies existed against the contestant as well as the sitting member, and I judge from some remarks that were made that evidence was not going to be urged seriously, and yet it can not remain in the record in the condition it is now without sworn explanation. I think we may be able to go along this evening, if it is worth while to waste the time of the committee with that sort of testi- mony, inasmuch as the contestant offered it and it is in the record, we have to offer sworn explanation. ? Mr. Whitman. — Both Mr. Roche and myself examined the election code with reference to that provision of the law. It is very strangely worded, and there is a serious doubt whether the meaning, the intent of the law, was not that a ballot of each kind cast was required to be attached; but we have concluded, and did conclude before our argument upon the motion, to dismiss and make no use of that; and we made no use of it in summing up, and we do not intend to claim anything by it on the final argument. Mr. Wellinoton. — I would like to move to strike out all the testi- mony given. Mr. EooHB. — Is there any use striking it out? Senatqr Endbes. — Let it in, and the committee will not consider it if it is agreed between both counsel. Mr. Whitman. — You can take our stipulation to that effect. Counsel for Mr- Collins will make no claim from any evidence given as to the discrepancy between the number of votes cast or stated to have been cast in the body of the return for Mr. Derby, between the statement made to the Eepublican ballot attached to the returns. Mr. Wellington. — I can't see the objection to striking the testimony out. 392 Mr. Whitman. — Sometimes it is difficult to separate it. There are some things about those returns that we do make some claim about; but as to that one particular ^thing, we make no claim. Mr. Roche. — As to the matter concerning which you desire to examine these inspectors, we will make no claim or argument, and will consent the committee shall disregard that. Mr. Wellington. — I move the committee disregard it. Senator Endees. — The committee will so understand it and take no notice of that testimony. Mr. Wellington. — As to the pink ballot; there is one returned as a sample ballot. Mr. Whitman. — That is in Hartford, I think; Van Wormer said he sent only twelve to each district. Mr. Wellington. — 1 move the committee disregard that. Mr. Whitman. — Make no claim to the return of it as a sample ballot in pink instead of the official ballot. Mr. Wellington. — I move the committee disregard that evidence. Mr. Whitman. — That return isn't in; we do not put it in evidence. Mr. Wellington. — The fact appears in the evidence. Senator Endbbs. — That evidence will not be taken in consideration at all by the committee. A. M. Shebman, being duly sworn, testified as follows: By Mr. Ingalsby: Q. Were you subpoenaed? A. Yes, sir. Q. Where do you reside ? A. Cambridge. Q. How far is that from here? A. Thirty-six miles. JuDSON Edie, being duly sworii, testified as follows: By Mr. Ingalsbt: Q. Where do you reside? A. North Greenwich. Q. You were subpoenaed ? A. Yes. Q. What is the distance from here ? A. Forty-one miles. Edward F. King, being duly sworn, testified as follows: By Mr. Ingalsbt: Q. You were subpoenaed ? A. Yes, sir. Q. Where do you reside ? A. Fort Edward. Q. What is the distance from here ? A. About sixty miles. 393 Henky G. King, being duly sworn, testified as follows: 5y Mr. Ingaisby: Q. You were subpoenaed ? A. Yes. Q. You reside where ? A. Fort Edward, Washington county. Q. Distance from here? A. About sixty miles. MiTCHEiLL PoTvnsr, being duly sworn, testified as follows: By Mr. Ingalsby: Q. What is your residence ? A. Sandy Hill. Q. You were subpoenaed ? A. Yes. Q. What is the distance from here ? A. Fifty-nine miles. Joseph Babtholomew, being duly sworn, testified as follows: By Mr. Ingalsby: Q., You were subpoenaed to attend here/? A. Yes. Q. You reside where ? A. Dresden. Q. The distance from here ? A. About eighty-six miles. Nathaniel Caeswell, being duly sworn, testified as follows: By Mr. Ingalsby: Q. Where do you reside ? A. Fort Miller. Q. You were subpoenaed ? A. Yes. . Q. How far is that from here ? A. Sixty-five miles. Jesse A. Hyatt, being duly sworn, testified as follows: By Mr. Ingaisby: Q. You were subpoenaed to attend here ? A. Yes. Q. You reside where ? A. Battinville, town of Greenwich. Q. What is the distance from here 1 A. Forty-three miles. Benjamin F. Otteeson, being duly sworn, testified as follows: By Mr. Ingalsby: Q. You were subpoenaed ? A. Yes. Q. You reside in Granville ? Yes. Q. The distance from here ? A. Sixty-seven miles. Heney Belden, being duly sworn, testified as follows: By Mr. Ingalsby: Q. Where do you reside ? A. Putnam. Q. The distance from here ? A. One hundred and two miles. 50 394 Phineas F. Lah&woethy, being duly sworn, testified as follows: By Mr. Ingalsby: Q. Where do you reside ? A. Sandy Hill, fifty-nine miles from here. Q. You were subpoenaed ? A. Yes, sir. Charles L. Allen, being duly sworn, testified as follows : By Mr. Ingalsby: Q. You were subpoenaed ? A. Yes. Q. You reside where ? A. Kingsbury. Q. Distance from here ? A. Fifty-nine miles. Heney a. White, being duly sworn, testified as follows: By Mr. Ingalsby: Q. You were subpoenaed? A. Yes. Q. You reside where ? A. Kingsbury. Q. How far from here? A. Fifty-nine miles. John MoGoboh, being duly sworn, testified as follows: By Mr. Ingalsby: Q. Where do you reside ? A. Jackson. Q. You were subpoenaed ? A. Yes. Q. What is tJie distance from here ? A. Forty-seven miles. James H. Houghton, being duly sworn, testified as follows: By Mr. Ingalsby: Q. You were subpoenaed to attend here ? A. Yes, sir. Q. You reside in what town ? A. Salem. . Q. What is the distance from here ? A. Forty-nine miles. Dewitt a. Hunt, being duly sworn, testified as follows: By Mr. Ingalsby: Q. You were subpoenaed to attend here ? A. I was. Q. You reside at Shushan ? A. Yes. Q. The distance from here ? A. Forty-two mUes. Iba J. Seeley, being duly sworn, testified as follows: By Mr. Ingalsby: Q. You were subpoenaed? A. Yes. Q. You reside where ? A. Cambridge, town of White Creek. Q. The distance from here ? A. Forty miles. 396 P. MoEaohbon, being duly sworn, testified as follows: By Mr, Ingalsbt: Q. You were subpoenaed to attend here ? A. Yes, sir. Q. You reside where ? A. West Hebron. Q. How far from! here ? A. Sixty miles. George W. Wobtley, being duly sworn testified as follows: By Mr. Ingalsby: I Q. Where do you reside ? A. White';^Creek. Q. You were^subpoenaed to attend here ? A. Yes. Q. How far do you live from here ? A. Forty mUes. ' EioHASD S. Hawlet, being duly sworn, testified as follows: ' By Mr. Ingalsbt: Q. Where do you reside ? A. Town of Hartford. Q. You were subpoenaed in this case ? A. Yes. Q. The distance from here ? A. About seventy miles. Feank Hogle, being duly sworn, testified as follows: By Mr. Ingaisbt: Q. You were subpoenaed ? A. Yes. Q. You reside in what town ? A. Hartford. Q. The distance from here ? A. Seventy-five miles. Chablbs a. Gilcheist, being duly sworn, testified as follows: By Mr. Ingalsbt: Q. You reside in what town ? A. Hartford. Q. You were subpoenaed to attend here ? A. Yes. Q. The distance ? A. Sevenfy-five miles. John MoCoijiihe, being duly sworn, testified as follows: By Mr. Ingalsbt: Q. Were you subpoenaed? A. Yes, sir. Q. Where do you reside ? A. Hartford. Q. How far from here ? A. Seventy-five miles. Henet G. King, being duly sworn,, testified as follows: By Mr. Ingalsbt: Q. Where do you reside ? A. Fort Edward; election district No, 2. Q. Were you one of the election officers in that district last fall ? A. I was. 396 Q. What office did you hold ? A. I was one of the inspectors. Q. Did you notice a ballot in the canvass of the votes on which Mr. Collins' name was, that was marked in any way ? A. Tes, sir. Q. Will you tell the committee about it; what kind of a ballot was it ? A. It was a Kepublican ballot with his name pasted over Mr. Derby's name, and right by the side of this was written the words, " Derby, bitch." Q. It was a Collins paster ? A. Tes, sir. Q. Did you notice any other ticket that was marked, during the canvass ? A. There was a straight Democratic ticket with a voter's initials at the bottom of it. Q. Was it a paster ticket ? A. No, sir; an official ballot. Q. What were the initials ? A. W. H. B. , Q. Did you notice any other ballots that were named in any way ? A. Not in my pile, these were in my pile. By Mr. Boohe: Q. What was on the first ballot? A. It was a paster, the first Mr. Collins pasted; opposite that were the words " Derby bitch." Q. Written on with ink? A. Written on with pencil; we allowed that to go through; I protested. Q. What was the ground of your protest? A. I didn't think that should go through; the intent of the voter was there well enough. Q. What do you think that intent was ? A. The intent truly was to vote the Democratic ticket for senator. Q. The paster showed that ? A. Tes, sir. Q. What did the other thing show ? A. It showed the contempt, I think, of the voter. By Senator Endbes: Q. Tou don't know the voter wrote that ? A. I think he did; nobody else handled them in our district but the voter. By Mr. Eoohe: Q. What was your board ? A. Democratic. Q. Did you make a protest against counting it ? A. I did; yes, sir. Q. Anyone join in the protest? A. No, sir. Q. Did you know whose handwriting that was, the one that had the remark about Mr . Derby ? A. No, sir. Q. Did any of the other members of the board apparently know whose it was ? A. No, sir. Q. There was nothing about it to identify who the voter was ? A. No, sir; we might have found it by looking at the poll-list. 397 Q. That would not tell ? A. We recognized the other handwriting and the initials as well. Q. Was the other man a genuine voter 1 A. Yes, sir. Q. You do not know what his purpose was ? A. No, sir. Q. Was he a respectable citizen ? A. 1 don't know- Q; No idea he was a purchased voter ? A. I wouldn't say he wasn't Q. Would you say he was ? A. No. Q. Was there anything about the appearance of the ballot to indi- cate he was purchased ? A. I don't think there was. Charles Norton, being duly sworn, testified as follows: By Mr. Ingalsby: Q. Where do you reside ? A. South Hartford. Q. In the town of Hartford? A. Yes, sir. , Q. You reside in what election district of that town ? A. No. 2. Q. Do you know Frank Hogle ? A. Yes, sir. Q. He lives in what election district ? A. No. 1. Q. Do you live nearer the polling place of district No. 1 than the polling place of district No. 2 ? A. Yes. Q. Do you remember an occasion when Mr. Hogle was with you, at your house a few evenings after election ? A. Yes, sir. Q. Did you go out of the door, the same door he left your house by, soon after he left? ' A. Yes, sir. Q. What did you find on your steps ? A. I picked up a paper. Q. What was that paper? A. It was merely a piece of writing paper, I should think, with names on it. ' Q. Was there anything carried out opposite those names? A. Yes, sir. Mr. EooHE. — I object to that on the ground that the piaper is the best evidence. Senator Endres. — I think that is right. Mr. iNaAiiSBi. — We are not able to produce the paper. Mr. EocHE. — Then we want you should account for it. Mr. iNGfALSBY. — We will account for it fully. Q. What did you finally do with this paper ? A. Mr. Hogle had the paper; I delivered it to Mr. Hogle. Q. You handed it to Frank Hogle ? A. Yes, sir. Mr. Whitman. — You show now where it is; go and get it and bring it here. Mr. Wellington. — I submit the strict rules of evidence my learned friends have urged, are not to be applied in contests of this character, and they have urged it with some success with respect to certain 398 classes of evidence; they admitted copies of papers, telegrams from Mr. Hull. Mr. Whitman. — By consent; I consented after the committee had ruled it might go in; I said I would take counsel's statement. Mr. BooHB. — Mr. Hull was here, and it was agreed it might be offered in evidence when he sent it down. Mr. Inoalsb^. — We will excuse you a moment. Eeank Hoqlb, recalled. By Mr. Ingalsby: Q. Where do you reside ? A. Town of Hartford, in South Hartford. Q. What election district of that town ? A. First. Q. Tou voted there last fall ? A. Yes, sir. Q. What are your politics ? A. A Democrat. Q. Tou are quite an active Democrat in that town 1 A. Not , especially. Q. Tou worked at the polls all day election day ? A. No, sir. Q. Nearly all day ? A. No, sir. Q. What time did you go to the polls in the morning ? A. Before they opened. Q. How long did you remain about the polls and in the village electioneering ? A. I didn't electioneer, election day. Q. When did you go to your house next after that 1 A. About dark, I think. Q. Did you go home to dinner ? A. Tes, sir. Q. How long were you home at dihner 1 A. About an hour, I should think. Q. Where did you spend all the rest of the time that day? A. In the polling place. Q. What were you doing there ? A. I was inspector of election. Q. Of district No. 1? A. Tes, sir. Q. Tou were on the Democratic ticket for inspector of election a year ago this spring,? A. Tes, sir; Q. Did you receive a paper from Charles Norton shortly after election? A. Tes. Q. With some names written on it ? A. Tes. Q. And amounts of money placed opposite those names? A. Tes, sir. Q. Where is that paper ? A- I don't know. Q. What have you done with it ? A. I don't know that. ^ Q. When did you receive it from him ? A. Probably a week after election. 399 Q. Where were you when you received it from him ? A. I don't remember. Q. Were you in Hartf prd ? A. Yes, sir. Q. Whereabouts in Hartford ? A. Some place on the farm where we reside. , Q. On his farm ? A. Where he works^ Q. You went where he was ? A. We live at the same place. Q. You went where he was at work on his farm and got the paper ? A. No, sir. Q. What was he doing ? A. We both live on the same farm. Q. What was he doing ? A. I couldn't tell you. Q. What did you do with the paper, first ? A. I don't remember; probably I read it. • Q. When did you see it last ? A. I couldn't tell you that. Q. Can't you tell what you done with the paper ? A. I put it in my pocket, I think. Q. Is it in your pocket now ? A. No, sir. Q. Do you remember when you saw it after getting it from him ? A. Np; I don't remember that I ever saw it afterward. Q. What has bebome of it; is it lost? A. I couldn't tell you; I don't remember of ever seeing it again. Q. Never since that t\me ? A. No, sir; I don't remember anything about it in particular. Q. Will you produce, it now? A. I can't; I don't know where it is. Q. Did you put that paper on Mr. Norton's steps ? A. No, sir. Q. Do you know who put it there ? A. No, sir. » Q. Why did you go to Mr. Norton's and ask him for that paper ? A. I didn't ask him for that paper. Q. Why did you take it from him ? A. Because he gave it to me. Q. Why did you take it ? A. I don't know of any especial reason why; I took it. Q. You did take it and put it in you pocket ? A. Yes, sir. Q. You haven't seen it since ? A. No. Q. You don't know where it is? A. No, sir. Q. Mr. Norton spoke to you before you went to him that day and told him you had such a paper ? A. Yes, sir. Q. Did he show you the paper ? A. No, sir. Q. What did he say about it? A. Said he found a paper with a list of names on it and asked me if it was mine, and I told him it was not. Q. Afterward he handed it to you? A. Some four or five days afterward. 400 By Senator Endebs: Q. How long was this after election that he handed you this paper? A. Probably a week or ten days. ' By Mr. Ingalsbt: Q. Were there any sums carried out opposite these names on this paper? Mr. Roche. — We make the same objection we did before. The paper itself is the best evidence. You have not come within the rules yet. It does not appear this witness has been subpcenaed to produce that paper. Mr. Wellington. — He said he couldn't produce it. By Mr. Roche: Q. Have you been subpoenaed to produce that paper ? A. -I have been subpcBuaed, but not for any especial purpose. Q. You have not been subpoenaed to produce that paper ? . A. No, sir. Q. Have you been asked to make any search for that paper ? A. No, sir. Q. Have you made any search for it ? A. No, sir. Q. Where do you live ? A. With my , grandfather, Colvin J. Townsend. Q. Are you married ? A. No, sir. Q. You have a room in that house you occupy? A. Yes. Q. Places where you keep your papers and documents ? A. Yes, « sir. Q. Have you looked in those places for this paper ? A. No, sir. Q. Have you made any search for it all ? A. No, sir. Q. Before coming here were you asked to make any search for it ? A. No, sir. Q. Are you able to say now if you made a search for that in your house you would be able to find it ? A. No, sir. By Senator Endbes: Q. What did you do with the paper when you got it ? A. I don't remember; undoubtedly I put it in my pocket, but I couldn't swear to what I did with it. Q. After you put it in your pocket when did you search for it after that? A. I don't remember ever seeing it again; I don't remember anything about it. 401 By Mr. WELLiNaTON : Q. Don't you know you tore it up ? A. No, sir. Q. Or burned it up ? A, No, sir. Q. Haven't you testified it was lost ? A. Not to my knowledge. By Mr. Ingalsby :, Q. What amount of money did you have for use last fall for election purposes ? A. Not any, Q. You didn't pay out any money to any person for election expenses'? A. No, sir. Q. Or promise to pay anyone for their votes ? A. No, sir, • By Mr. Wellington: Q. Did you handle any money after election? A. No, sir. By Mr. Eoche: Q. Do you remember how many Democratic votes were cast in your district ? A. About sixteen straight Democratic votes. The committee then adjourned until Thursday evening, March 3, 1892, at 7.30 p. m. Albany, N. T., March 3, 1892—7.30 v. m. The committee met pursuant to adjournment. Present — Chairman Eoesch and Senator Endres. Chairman Eoesch. — We are ready to proceed. Elmee E. Babnes recalled: By Chairman Eoesch: Q. What is your name ? A. Elmer E. Barnes. Q. Where do you reside ? A. Hoosick Falls, county of Eensselaer. Q. You have been sworn in this matter before? A. Yes, sir. Q. Have you been subpoenaed for appearance here to-night ? A. Yes, sir. Q. You are here in obedience to the subpoena ? A. Yes, sir. Q. How many miles do you come ? A. Thirty-eight, I think it is. Anthony Pooioekowski, sworn on behalf of the sitting members By Mr. WbW'INGTOn: Q. Wherei do you live, sir? A. Troy. Q. Whereabouts ? A. At the iron works» 51 402 Q.' In what election district? A. Sixth ward. Q. Do you know which district ? A. Fourth; I am not sure, though. Q. Where do you vote ? A. Water street. Q. Where were the polls held last year? A. In Water street; it was a shanty. Q. You are a Democrat ? A. Yes ; I am a Democrat. Q. Your nationality is what; were you born in this country? A. No, sir. Q. Where were you born ? A. Poland. Q. Are there quite a number of Poles in your voting district? A. Oh, yes; I guess about twelve or thirteen; something like that. Q. They are Democrats ? A. Yes, sir. Q. Do you know a saloon in that district known as Fallon's saloon ? A. Yes, sir. ' Q. Do you remember on last election day of going into that saloon with some of your Polish friends ? A. Yes, sir. Q. Did you there pay them money ? A. No, sir; I was there, but I didn't pay nobody money. Q. Didn't you pay them money on election day ? A. No, sir. Q. Was not money paid them there by someone else ? A. I didn't give nobody money; I didn't have any money. Q. Didn't someone else give them money in the saloon ? A. I didn't see nobody; we got our tickets to vote in there. Q. Who gave them the tickets ? A. I guess — I am sure Mr. Fallon; I am not sure though who give the tickets. Q. Is Fallon the proprietor of the saloon ? A. Yes, sir. Q. Did these Poles all go there in a body; all go there together ? A. Yes, sir. v Q. In there weren't you paid by someone ? A. Wait now; I think Mike Keating give' me the tickets; Keating, the alderman. Q. Did he give you your tickets ? A. Yes, sir. Q. He gav6 the tickets to the others ? A. I think so. Q. At that time didn't he give them some money ? A. No. Q. Didn't he promise you money ? A. No, sir; he promised me to get ashes from Burden's t« fill a place; to fill a lot. Q. If you would vote the ticket ? A. Of course. Q. Did he promise to do this for you if you would vote the ticket ? A. Yes; that's all. Q. What did he do for the other men; wliat was he to give them ? A. I don't know. Q. Did you hear him promise them money ? A. No. 403 Q. Didn't you se|ppui give them money? A. No, sir; I didn't see. Q. Don't you know that they got money ? A. No, sir; I don't know. Q. Haven't they told you since then that they had money ? A. Well, of course, a good many tell me they didn't get even a drink. Q. Haven't the men told you since that they got money for their votes ? A. I didn't see any of them get money. Q. Didn't they tell you they had money? A. No. Q. Haven't they told you so ? A. No, sir. Q. Where did these men work ? A. Some work in Coming's mill- Q. Did they come up with you in this group — A. (Interrupting.) We didn't work that day. Q. Didn't you promise them anything that day? A. No, sir; I didn't promise them anything; of course Mike called them down; I was with them; some of them can't talk English; some are here twenty years and they don't speak English. Q. But you do? A. Yes; but not plain. Q. You act as interpreter ? A. Yes, sir. Q. Didn't Keating promise these men anything? A. I didn't hear him. Q. Didn't he say anything to them through you ? A. No, sir. Q. Not a thing? A. Some of them got some drinks; some didn't get any drinks at all. Q, Didn't this man say anything to you for yoii to tell these men ? A. Njo, sir; not about money. Q. Didn't he say anything about money ? A Of course, he says, " I'll make it all right if I'm elected." Q. He said he would make it all right? A. Yes, sir; he said, " I will fill your place." Q. Keating said he wpuld make it all right for the men ? A. No, sir; he didn't say it to the men; he told me. Q. He told you he would make it all right with the men ? A. No, sir; not about men; he told me, " Tony, I make it all right with you; I fill your place." By Chairman Roesoh: Q. Did he tell you that if he was elected and if you would help him he would get you a place? A. No, sir; he said he would get me the ashes to fill my place. By Mr. Wellington: Q. You didn't see any money paid in these ? A. No, sir. 404 Gross-examination : By Mr. Eoohe : Q. Did you own a lot ? A. Yes, sir; five lots. Q. The Burdens you. speak of is the Burden Iron Works? A. Yes, sir. Q. It is customary for the people in that vicinity vrho have vacant lots which are not filled, to try and get them , filled with ashes and refuse from the iron works ■? A. Yes, sir. Q. Mr. Keating had been an alderman from that ward ? A. Yes, sir. Q. He was interested last fall in the election of the man who was running for alderman? A. He was running for alderman himself. Q. He wanted you to get your Polish friends to go and support ' him ? A. Of course; I didn't have any time to go around, of course, and my woman keeps a saloon and I have to stay in the bar; I haven't time to gO" around. Q. The tickets you got were the. paster ballots to put on the other ballots? A. Yes, sir; I didn't peddle tickets. Q. You hadn't spoken to Keating before about getting you lot filled? A. Yes; about two years before. Q. He promised you he would try and help you get the lot filled f A. Yes, sir. Q. Did he promise you money or give you any money at that time ? A. No, sir. By Mr. Wellington: « Q. Did he give you anything you could get money on ? A. No, sir. Q. Nothing of the sort? No, sir. Q. Have you ever talked with any of these Poles since ? A. Yes, sir; last Tuesday about election. » Q. Have they ever stated to you whether they got anything ? A. He said he didn't have even a drink. Q. Didn't any of the men get anything ? A. No, sir. Q. Some of them got a drink? A. Yes; some got a drink. Q. Did you tell them before you went to the saloon that they could have the drinks if they would go up there with you ? A. No, sir; he called me down in the back room and said " there are the tickets, straight Democratic tickets;" that's all. / By Mr. Eoohe: > Q. These men wanted to vote the Democratic ticket ? A. Yes, sir. Q. You are a Democrat? A. Yes; I am a Democrat. 405 ' By Chairman Roesoh: Q. Have you your subpoena ? A. Yes, sir, Q. How far away from Albany do you live ? A. Seven miles. Geoege Bouohee, sworn for the sitting member, testified: By Mr. Wellington: Q. Where do you reside ? A. First street, Troy- Q. What ward? A. Twelfth. Q. What district ? A. First street. Q. It is the second district of the twelfth ward, isn't it? A. I don't know. ' Q. Did you vote at the last election ? A. No, sir. Q. You didn't vote at all ? A. No, sir. Q. Did you V9te last fall ? A. Yes, sir. ^ Q. Did you vote the Democratic ticket ? A. Yes, sir. Q. You voted for Mr. Collins for senator ? A. I did not. Q. You were given a Democratic paster, were you ? A. My boy fixed the ticket for me. Q. You understood it was the Democratic ticket? Mr. Roohe. — I object to what he " understood," if he don't know anything about it. He said his boy fixed the ticket for him. Mr. Wellington, — He stated he voted the Democratic ticket. Q. Wete you paid anything for it ? A. No, sir. Q. Were you promised anything fot it? A. No, sir; I see nobody there that promised to pay m^. Q. Were you paid afterwards ? A. No, sir. Q. You haven't been since 7 A. No, sir. Mr. BooHE.^ That is all; no questions. James Smyth, sworn for the sitting member, testified as follows: By Mr. Wellington: Q. Where do you reside, Mr. Smyth ? A. Troy, twelfth ward. Q. What district? A. First. Q. Yon are a voter in the district? A. Yes, sir. Q. Were you present at the polling place in said district at the election held in November, 1891 ? A. Yes, sir. ' Q. Did you hold any position there on that day ? A. No, sir. Q. You were not an inspector ? A. No, sir. Q. State what you observed during election day as to the conduct of the election? A. I saw considerable going on. Q. ,Did you see any electioneering done within 150 feet of the poll by Democrats ? A. Yes, sir. 406 Q. To what extent ? A. Quite a good deal. Q. During what portion of the day? A. In the afternoon, particularly. "" Q. Did you see any Democratic workers soliciting votes within the polling place ? A. I was not in the polling place; I was outside. Q. Do you know who it was who was handling the Democratic money on that day? A. It seemed to be John Sheary. Mr. Whitman. — We move to strike that out as a conclusion. He ought to give facts, if anythihg. t Mr. Wellington. — The most he can say is the appearance, and I am going to ask what the appearances were that enabled him to answer in that way. Mr. Whitman. — Very well, if you are going to follow it up. Chairman Eoesch. — The committee think the answer should stand, and counsel should follow it up by asking him to state the facts that enabled him to judge that it was this man who handled the money. Q. State the appearance ? A. I had a good many men come to me during the day, who are usually Republicans, and they wanted some money and I didn't give them any; I saw later -that they went to John Sheary, and John took them in a woodshed close by and interviewed them, and they came out and voted. Q. How far was this woodshed from the polling place ? A. On the seme lot; it is now on the same lot. Q. Within how many feet of the polling place ? A. Less than 100 feet. Q. What are the politics of Mr. Sheary ? A. Democrat, reputed to be. Q. Have you known him to be a Democrat ? A. He is known as a Democratic worker. Q. During what part of the day was he there? A. Practically all day; he might have been away a few minutes. Q. Did you see any men apply for assistance on the ground of physical disability ? A. I wasn't inside much I say; I was inside very little. Q. While you were inside did you see any. man apply for assistance ? A. I don't remember any. Q. Did you see any man vote at that poll who had no legal right to vote there ? A. I saw men vote there that I believe had no legal right. Q. Upon what did you base that belief ? A. I have lived there a good many years and I know most of the people by sight. Q. Did you see strangers vote there ? A. A few; that is, they went in to vote; I didn't see them vote. 407 Q. Who brought them to the poll? A. Well, they interviewed Mr. Sheary before they went in; I don't know who brought them around in the vicinity. Q. Did you see them approached by any Eepublican? A. No. Qj^ How; many Republicans were there at that polling place A. In thatdistrict there was only one besides myself. Q. Who was he ? A. Joseph C. Taylor. Gross-examination : . By Mr. Eoohe: Q. Mr. Smythe, how many voters are there in that district? A. I think about 300. Q. You don't pretend to be personally acquainted with all those men ? A. To know them by name? Q. Yes, sir. A. No, sir; not all of them. Q. Do you pretend to have knowledge of the appearance of all those men so you would know them and know whether they were actual residents of that district ? A. Yes, sir. Q. Of the entire 300? A. Oh, yes; most of them. Q. How many do you say you think voted who were not entitled t6 vote — two or three? A. Yes, sir; there might have been more than that. Q. Are you able to say they were not registered ? A. Well, their names were dn the registry list, of course. Q. Those registry lists had been making up for about a month before election ? A. Yes; for some time; I don't know how long. Q. And the board of inspectors was composed of two Democrats and two Republicans? A. Yes; of course. Q. And the poll clerks on the day of election were two Democrats and two Republicans ? A. Yes, sir. Q. There were two ballot clerks, one a Democrat and one a Repub- licati? A. Yes; that's right. Q. The registry lists had been held open and exposed to public view for some time before the election? A. Yes; I believe so. Q. Do you know whether any person challenged these individuals or questioned their right to vote? A. I don't know; I said I wasn't inside. Q. You don't know whether they had been called upon to swear in their votes ? A. No, sir. Q. You don't know how they voted? A. No, sir. Q. You don't know that they voted ? A. Only by seeing them go in and come out. > \ • 408 Q. You didn't see Sheary give money to any, individtial ? A. No, sir; I didn't see him give anybody a cent. Q. Was there a wood-pile in that wood-shed ? A. I don't know ; I wasn't in it; they didn't want me in there. Q. These people, some of them, first came to see you ? A. Yee*: Q. Tou are an active Republican in the ward and have been for years? A. Yes, sir; for twenty years. Q. Didn't you have anything to give them election day? A. No, sir; I didn't. Q. Did Taylor have anything to give them? A. I don't think he had. By Chairman Eoesoh: Q. You were poor that day ? A. Yes, sir. Beenabd McGuiee, sworn for the sitting member, testified as follows: By Mr. Wellington: Q. Where do you reside ? A. Fourth district of the twelfth ward, Troy. Q. Were you a Republican inspector there at the last election ? A. Yes, sir. Q. Did you see Policeman Casey at the polls that day? A. Yes, sir. Q. What did you see him do ? A. Well, I saw him go twice to the booth; I put him back twice myself; trying to get in to a man that was in it. Q. Was Policeman Casey in uniform that day ? A. Yes, sir. Q. Do you know his politics ? A. I do not. Q. Did he attempt to enter the booth with more than one voter ? A. No, sir. Q. But he attempted to get into the booth twice? A. Yes, sir; I think that the man wasn't " in there," you know; he was sent home afterwards by the sergeant. Q, You mean he was intoxicated? A. I wouldn't swear — but I mean that he was. Q. Did you see any electioneering done by Democrats inside the polling place? A. I saw William R. Sweeney go into the polling booth after a man, and I protested and raised a kind of a little row over it; I protested against giving out any more ballots until he come out again. Q. Had this man in the booth sworn that he was physically dis- abled ? A. Yes, sir; he had sworn, but we didn't accept his oath. Q. Had he asked that this man should go in with him? A. No; we didn't accspt the man's oath at all; the man swore that he was 409 physically disabled, and I asked him, "can you see ? " " ¥es." "You have the use of your arms?" "Yes." "How are you physically dis- abled?" " I can't read." I says, " could you ever read ?" "No," he says, " I never could." Then we objected to anybody going in with him. Q. t>o you know anything about the Democrats using money upon that day ? A. Oh, no; I was inside. . Q. Who were the Democratic workers, outside? A. Aldermen Delong and Matthews; in fact, for that matter, they were working outside; you couldn't tell from one district to the other where they were working. Q. Were they not working within 150 feet of the polls? A. Yes, sir." Q. All day? A. Yes, sir; and all times; sure they can't work any other way unless they get away out in the fields. Q. Did you see any paster ballots given out inside? A. No, sir; they tried to, but both Democratic inspectors and me shoved them out. Q. Is this district a Democratic district ? A. Yes, sir. Mr. EocHE. — There is no district in the twelfth waifd that is not. Mr. Wellington. — I suppose not. Q. Did you see any men vote that day that had no right to vote ? A. There was one man voted and I don't believe he had a right to , vote, but the man whose name he voted on didn't vote when he come, so I don't know what you will call that. . Q. What name did this man give ? A. John Hayes ? Q. Do you know John Hayes ? A. No, sir; he was a young man; I didn't know him. Q. A man came to the polling place and gave the name of John Hayes ? A. Yes, sir. Q. Was he challenged ? A. Yes, sir. Q. He swore in his vote ? A. Yes, sir. Q. Well, did any other man come up? A. Yes; John Hayes, him- self, come up afterwards. Q. You didn't let him vote? A. No, sir; he didn't get leave to vote. Q. Were there any other instances where other men voted who had no right to vote ? A. There was one feller come there by the name of Thomas Conlon, quite a young lad, and we asked him: "Are you Thomas Conlon, of 553 First street?" ' "Yes," says he. "What did you do with your moustache," I asked him; but anyhow he didn't get leave to vote. Q. He didn't vote? A. No, sir; he went to swear it in and I wouldn't accept his oath; I was prepared to swear he wasn't the man, and so was the other inspector. 52 V 410 Q. Do you know of any other instances where other men voted or attempted to vote who were not legal voters'? A. No, sir; I know most of the voters in the district; I am on my oath now and I can swear I know most all the voters in that district. Gross-examination : By Mr. Eoohe: Q. Bernard, how many voters are there in that district, about ? A, At that time, if they all come out, there would have been 401 voters. Q. How many votes were cast ? A. Three hundred and forty-two to the best of knowledge. Q. You had participated in the making of the registry of voters ? A. Yes; certainly. Q. You had a pretty clean registry? A. Yes, sir; we hadn't a fraudulent vote on the register to my knowledge. Q. You didn't let Conlon vote ? A. No, sir. Q. This other fellow, Hayes — A. (Interrupting.) He didn't get leave to vote when he come. Q. You don't know how he voted ? A.. No, sir; I don't know how any of them voted. Q. There was no trouble in the board there that day? A. No, sir; that was all the trouble I saw. Q. You don't know of any man that had a right to vote who was prevented from voting ? A. No, sir. •Q. You don't know of any person who hadn't a ri^ht to vote except possibly this Hayes case ? A. That is the only one I knew of. By Chairman Eoesch: Q. You say there were Democratic workers around the polls ? A. Yes, sir. Q. Were there any Eepublican workers around there ? A. I used to see Joe Taylor walking up and down, and Mr. Smyth, once in awhile, and that is all I saw. Q. You mean there were no Republican workers around at all, out- side of the two you mentioned ? A. That is all I saw. Q. What was the vote in the district aS between Collins and Derby ? A. I think, out of 342, Mr. Derby got either thirty or thirty-one; that is to the best of my knowledge; I wouldn't swear positively, but I know he didn't get above thirty-one. 411 By Mr. Wbllin&ton: Q. Mr. Smyth and Mr. Taylor, whom you mention, were workers in the first district? A. The three district were together; the one worker can work for the three districts. ' Q. There was no Republican worker specially to your district? A. No, sir; not one. By Mr. Roohe: Q.^Whefe were you when you saw Smyth and Taylor ? A. Standing in the polling place; I could see them way on the other side going up. Q. How far away ? A. Across the street. Q. Fourth street? A. Across Harrison street. • Q. That is a fifty-foot street ?' A. J don't know what it is. Q. Isn't it about that ? A. I think it is fifty or sixtjr- feet. Q. What was it Sweeney did ? A. He *ent into the booth to a man to give him — . « Q. (Interrupting.) He understood there was some claim that this m4n was physically disabled ? A. No, sir; t|he man was not physically disabled. Q. Sweeney seemed to understand there was a claim to that effect ? A. No, sir; he didn't. Q. How did he know about it? A. Sweeney lived in the fifth ward. Q. He had gone up there only recently? A. He was going up there ;^ he couldn't vote in the twelfth. Q. He was working in the twelfth ? A. I don't know. Q. I mean he wa« working there election day ? A. I don't know about Sweeney working there; we raised a row about this man taking his oath. Q. Did Sweeney hear about that row ? A. He came in. Q. Did Sweeney hear about that row ? A. I don't know whether Sweeney heard it or not. Q. Do you know whether he was present in the room or not ? A. I know he was in the room, but not wheii'the row was; I was the man that took him out of the booth. Q. Wasn't it claimed there that if that man was willing to take the oath, the board had no business to object to the vote or oath? A. It was not; the board don't look at it that way. Q. Did anybody make claim that the man himself was to be the judge as to his physical disability, and that the board must accept his oath? A. No, sir. 412 Q. Are you willing to say that Sweeney didn't hear any discussion upon that subject ? A. I don't know what he heard, but I know he done illegal work. Q. Are you willing to swear he was not present ftnd did not hear that discussion? A. No, sir; I will not swear. By Mr. Wellington: Q. When you saw Smyth and Taylor on the other side of the street did you see them do anything? A. No, sir; I didn't see /-them peddling a ticket at all. , Q. What were they doing? A. Walking up. street. Q. Did you see them more than once ? A. I saw Taylor twice or three times, and I saw Smyth once. By Mr. Roohe: Q. What were they there for? A. I don't know; how do I know? Q. What do you suppose ? A. I have no supposition ; I don't know; I couldn't tell. Q. They were not on dress parade? A. No, sir. By Senator Endbes : Q. How did you see them — look through the window ? A. No, sir; I was in that position so I could see. Q. Was it a square room? A. Yes, sir; I was placed right ferninst the door. Q. Was the door open? A. ¥es, sir; all the time. Q. You could look right out? A. Yes, sir; I was watching the ballot clerks, for fear they would get to folding Democratic ballots and there would be a marked ballot, and I wanted them to fold the blank ballot. By Mr. Roche: Q. Did the board refuse to take the ballot of this man about whom the discussion was as to his physical disability? A. No, sir; he went in and he prepared his own. ballot and brought it out, and the board took it; why not? Q. You don't know that Sweeney assisted him in preparing it ? A. No, sir. ^ Geohge Allen, sworn for the sitting member, testified as follows: By Mr. Wellington: Q. Where do you reside ? A. Four hundred and seventeen First street, Troy. 413 Q. In the second district of the twelfth ward? A. Twelfth ward; it was the third district last fall. Q. Tou were a Republican inspector ? A. Tes, sir. Q. Do you know that any money was used by the Democrats at that polling place ? A. I didn't see any directly. Q. Did you see any facts or circumstances ? A. I have seen a good many swear they were physically disabled. Q. Did you see anything that would lead you to believe that money was used ? A. Yes, sir. i Mr. RooHE. — We object to that. Chairman Roesoh. — ^Put it a little more direct, counsellor. Q. Well, state any facts' or circumstances concerning what appeared to be the use of money ? A. By their swearing they were physically disabled and workers going into the booths with them to prepare their ballots. Q. You saw no work done outside ? A! No, sir; it was inside. Q. How many were, there who swore they were physically disabled? A. It is so long ago I couldn't tell just about the number. Q. Do you remember anywhere the number ? A. Somewheres near twenty and thirty, I should judge. Q. Did *hese men take the oath that they were physically disabled? A. Yes, sir. Q. Did you know the men ? A. I knew some of them. Q. What have you to say as to their physical disability ? A. Well, I tpld one of them — I told him in French — that he was taking a false oath; that if he knew what he was doing he wouldn't do it, but he didn't seem to mind. Q. How old were these men ? A. There was soiae from 22 to 40 or 50. Q. Were any of them very old men? A. There were some; those were an exception; -those were physically disabled. Q. How many were there who were old and who were actually physically disabled ? A. Four or five, I think. Q. In the case of the others did they come into the polling place unassisted; could they walk ? A. Yes, sir. Qi Did they have the use of their arms and hands ? A. Yes, sir. Q. Could they see ? A. Yes, sir. Q. Did they claim that they couldn't see ? A. Some claimed that they 00U|ldn't read or write, and others claimed that their sight was poor. Q. Before they took the oath did you see any Democrat talk to them ? A. I saw Democrats walk in with them. 414 Q. Walk into the room with them ? A. Yes, sir/ Q. After taking the oath who accompanied them into ' the booth ' A The workers outside. Q. Who were they ? A. I don't care about telling any names. Senator Endbes. — Oh, yes; tell the names. Q. Were they Democrats ? A. Yes, sir. Mr. KocHE. — We would rather you would tell them. Q. State the names ? A. There are three of them that done all the v6ting; they went in with the men; they done the voting and not the men. Mr. EooHE. — I move to strike that out. Senator Endees. — It will be stricken out. Give the names, but don't state anything else. The Witness. — Willianl E. Sweeney, a man named MeGrath and one of the Democratic inspectors named Eeenahan. Q. Was he an inspector ? A. Yes, but the first part of the day he kept outside with them, and come in with ( the voters, and I objected to that; two of us objected, and they made him stay inside, and the other two worked the rest of the day. Q. One of the Democratic inspectors was electioneering? A. Yes, sir. . Q. Could you see outside at all ? A. Not very well. Q. Did you see any electioneering done outside ? A. I could see them through the window right in front of the door; I saw them hand them pasters. Q. Did you see that done inside of 150 feet of the poll ? A, Yes, sir. Q. How near the polling place did they do that ? A. About five or ten feet.' Q. Did you see any pasters given out inside the polling place ? A. No; not that I remember of., Q. Do you know of anyone who was paid money for voting that day by Democrats? A. No; I couldn't swear to it. Mr. Whitman.-^ He told you that once that he couldn't. Q. Do you know of the Frenchman who was paid money to vote the Democratic ticket ? A. I couldn't swear to it whether he was or' not. Q. Did he afterwards tell you anything about it ? A. No, sir. Q. Do you know of any facts in connection with that case that led you to believe he was paid money ? Mr. EocHE. — I object to that. Mr. Wellington. — I want the facts. I call for the facts. Mr. EocHE. — What facts might have led him to believe a certain thing is not evidence. ,415 Senator Bndbes. — He says he paid no Frenchman any money, or rather he saw no man pay the Frenchman any money. Is that it Mr. Witness? , The Witness. — I couldn't swear to anything of that sort that occurred. There is a good many things I could believe that I couldn't swear to. By Mr. Wellington: Q. State the facts in connection with that case ? Mry Whitman. — He is the man that swore he was physically dis- abled, and the witness told him in French that he was taking a false oath. Q. Is that the case you refer to ? A. Yes, sir. ' Q- Didvyou know that Frenchman? A. Yes, sir. Q. Did you know that he was not physically disabled? A. He didn't look to be to me. Q. Had you ever seen him read ? A. No, sir. Q. Do you know of any Republicans who were bought last fall or hired, or paid money by Democrats to remain away from the polls ? A. No, sir. ' Q. Have any Republicans told y ou they were so paid ? A. No, sir. Gross-examination : By Mr. I^oohe: ' Q. What was the name of this Frenchman ? A. The one I have reference to was George Boucher. Q. Where does he live? A. Four hundried and twenty. First street, Troy. By Senator Endbes: Q. Is that the witness who was here a little while ago ? A. Yes, sir. By Mr. Roche: ' Q. How long have you known him ? A. For about twenty years, or over. Q. Are you ready, as you sit there, to swear that he had no physical disability that in any manner impaired his ability to prepare his ballot in that booth — are you ready to swear to that ? A. Yes, sir. Q. You know all about his ills and troubles of a physical character ? A. I know he was not physically disabled. Q. Do you know all about his ailments and difficulties ? Q. Yes, sir. Q. Do you know that he has not any? A. I know that he has not any. 4iq Q. Do you know that his sight is perfect ? A. Yes, sir. Q. Do you know that he has the full, free use of his arms ? A. Yes, sir. i , Q. Who went in with him ? A. His son, I believe. Q. What was his name ? A. Archie. Q. What are his politics ? A. Democrat. Q. What are the father's politics ? A. I have always known him to vote the Republican ticket. Q. Do you know what ticket he voted last fall ? A. No, sir. Q. Do you know what ticket the son voted ? A. No, sir. Q. Did you make any note of the men who took this oath on your boois ? A. No, sir. Q. Did the poll clerks ? A. I believe they did. Q. Do you know how many there were ? A. I don't know just the' number. Q. Did they make note of the persons who went in with the voters? A. They were supposed to; I don't know whether they did or not. Q. Do you know the whole twenty who took the oath ? A. No, sir, Q. Are you willing to swear that one-half of those people were not in fact physically disabled ? A. I will not swear to it. Q. Are you willing to swear that two-thirds of them were not iii some way physically disabled ? A. Yes, sir. Q. William R. Sweeney is a well-known person in that ward, and something of a public man ? A. Yes, sir. Q. He is well known to mostly all the voters in the district ? A. I believe so. . Q. He is the man whom a voter who desired aid in j)reparing his ballot, because of some physical disability, would be apt to select to assist him, isn't he ? A. I don't know. Q. Isn't he a man who has the respect and confidence of the voters of that district ? A. I suppose he has. ' , Q. You needn't say that in such a hesitating way when you know all about it; who is McGrath? A. I don't know him. Q. Who else helped anyone that you know of, except Sweeney and • McGrath ? A. I don't know any other. , Q. Do you know how many McGrath helped; your board was com- posed of two Democrats and two Republicans ? A. Yes, sir. Q. And two Democrats and two Republicans as poll clerks ? A. Yes, sir. Q. You had assisted in preparing the registry ? A. Yes, sir. Q. It was a pretty clean, honest registration of voters, was not it ? A. Yes, sir. 417 . Q. Can you remember the names of any Democrats whom you saw walking up towards the polling place with these alleged physically disabled voters ? A. Coming inside with them ? Q. Coming up to the polling place ? A. I said they came inside with the voters. Q. Who were they ? A- I have told you the three I remember of — Sweeney, McGrath and Keenahan. Q. Did anybody take Keenahan's place when he deserted his duties ? A. No, sir. Q. How long was he active in that way? A. I couldn't say; it was in the first part of the day; couple of hours, I should judge. Q. Hqw many did he assist ? A. I don't know. Q. Did he assist half a dozen ? A. All of that. Q. Do you know who they were ? A. No, sir. Q. Somebody protested against that ? A. Yes, sir. Q. Then he^ stopped? A. Yes, sir. Q. Are you able to say that any voter was intimidated there that day to vote a ticket that he didn't desire to vote? A. Not any such in my presence. Q. You don't know what occurred outside? A. N6, sir. Q. Who did you see give out a paster ballot outside ? A. I don't know the man. Q. Did you see somebody? A. Yes, sir; I saw someone. Q. You' can't tell who it was ? A. No, sir; I didn't know his name. Q. Would you know him if you saw him ? A. I don't know that I would. Q. You don't know what ballot he was giving out ? A. No, sir.. Q. How many voters in your district? A. I forget how many; about 260 I believe, I am not sure. Q. It is an iron works district 1 A. Yes, sir. Q. Great many men work there whose employment is in the iron works? A. Yes, sir. Q. And more or less men who have met with accidents in the works ? A. I don't know of any. Q. Are you ready to say there were not any? A. No, sir; but I don't know of any. Q. You don't know all the voters in the district? A. No, sir; not the whole of them. Q. There was no troubl^e about the count ? A. No, sir. Q. Anybody challenged as to his right to vote? A. There was one I believe. \ Q. What was done with him ? A. He voted just the same. 53 418 ' Q. You accepted his vote ? A. "We had to. Q. Why did you have to — was it because he took the prescribed oath? A. No, sir; he took the oath, he was the man. Q. Was his name on the registry list ? A. Yes, sir. Q. Had it been marked before election day for challenge ? A. No, sir; it was marked " voted; " checked o£E. Q. He had appeared and been registered ? A. Yes, sir; and some- one had voted upon the name; then he came and the name was checked off; revoted just the same; that was two votes on one name. Q. Didn't that exceed the poll-list ? A. What do you mean ? Q. Two persons voted upon that name 1 A. Yes, sir. Q. Do you know who they were ? A. No, sir; I don't remember. Q. How did the second man get his name on the list ? A. It was checked off, and, he said he hadn't voted; he voted. Q. Did the board accept his vote? A. What were we going to do; we had to accept it. Q. Did you in fact accept it ? A. Yes, sir. Q. Did anybody protest against it ? A. Yes, sir. Q. Who did ? A. Me and the other inspectors. Q. Where did you get the majority to accept that vote? A. They put it in the box without any majority. °Q. Who did that ? A. Chairman of the board. Q. Who was it ? A. David Feary. Q. Did you know this man ? A. No, sir. Q. Did you know the other man who voted ? A. , No, sir. Q. Do you know which was genuine ? A. No, sir. Q. Do you know that both were not genuine ? A. They couldn't be. Q. Do you know that there were not two men of that name in the district ? A. Well, not at the same residence. Q. Might not two men of the same name live at the same place ? A. There were two men of the same name, but not at the same residence.' Q. You don't know that there were' not two men of that name in that building, do you ? A. Not on the registry took. Q. Were they never in that building — do you know there were not two persons of that name in the building? A. No; I don't know whether there was or not; all I know is what were on the registry book. • By Mr. Wellington: Q. There was only one registered by that name ? A. Yes, sir. Q. But two voted upon that name? A. Yes, sir. 419 Q. Were there any other instances where men attempted to vote that day who had no right to vote ? A. There was one, but he didn't go only just inside the railing; he" was intoxicated and we put him out. By Mr. Boohb: Q. Are you acquainted with either of those men that you have spoken of? A. No, sir. Q.\ Do you know what ticket they voted ? A. No, sir. By Mr. Wellington: Q. What was the politics of the inspector who put the ballot into the box? A. Democrat. Duncan MoNab, Jr., sworn for the sitting member, testified as follows : By Mr. Wellington: Q. Where do you reside ? A. Troy. Q. What ward and district? A. i^irst district, sixth ward. Q. Were you a Bepublican inspector at the election in November, 1891 ? A. Yes, sir. Q. Do yon know a policeman by the name of Blake? A. Yes, sir. Q. Was he present at the polling place on election day? A. He was for a short time in the morning, and for about a couple of hours after, and from that time until about 4 o'clock he was absent. Q. Was he in uniform? A. Yes, sir. Q. He was on duty there to preserve order ? A. Yes, sii;. Q. What were his politics ? A. I can't say. Q. Do you know of the reputation he has? A. He is reputed to be a Democrat, I think. Q. Did you see him do anything? A. About 4 o'clock he returned to the polls; there was quite a rush of voters; about that time there was a man in the booth who couldn't fold his ballots; he went in and assisted him. Q. Who went in? A. Officer Blake; I went in and asked him to get out; he did so; I turned my backl and he went back again; after accomplishing his object he went out again. Q. What do you mean by that ? A. He folded his tickets. Q. He came out again ? A. Yes, sir. Q. What happened then ? A. The man he folded the tickets for came back; he had five tickets; one was missing, and we would not accept his vote. 420 By Senator Endres: Q. Did you have six tickets in Troy last fall? A. Yes, sir; Oflicer Blake wanted us to give him another set of tickets, and before we had time he snatched the whole unused ballots and spilled them all over i the floor. By Mr. Wellington: Q. Who did? A. Officer Blake. Q. Did you attempt to prevent it? A. Yes, sir. Q. What occurred ? A. He attacked me ; he struck me with the club and knocked ofE my hat and struck my shoulder, and I tried to clinch with him and he up with his other hand and scratched my face and we were parted ; I went back to my place again and he broke away from some parties and came at me again; I couldn't do anything else but get outside. Q. Then you left ? A. Yes, sir. Q. Did you return again? A. Yes, sir; in ten minutes. Q. Did he remain there after that ? A. Yes, sir; for five minutes, when the sergeant came and replaced him by Officer D«vine. Q. Did you see any electioneering done by Democrats during elec- tion day ? A. I did not. t^. Did you see any marked ballots ? A. I did not. Q. Were there any paster ballots given inside the polling place? A. A gentleman came in and received his ballots; he went into the booth and remained there about five minutes and came out and told the ballot clerks that 'he forgot a paster, and that he wanted to go outside and get one; I voted not to leave him go out; I thought he had no right to go out after once inside the railing; the Democratic inspector said he had a right to go; the vote resulted in a tie; after a while there was a paster dropped on the floor, and one of the Demo- cratic inspectors asked if he dropped the paster; I picked up the paster and tore it up; he swore beforehand he didn't have a paster, and the paster I picked up was a Democratic paster; I tore it up; after a while he was given a Democratic paster, and he went in and voted. Q. Who gave it to him? A. I can't say; besides the inspectors, poll clerks and ballot clerks there was present in the room Policeman McChesney, and Mr. Madigan, a Democratic worker. Q.^ Were there workers inside the polling place all day ? A. No, sir, not all day. Q. Was there much of a crowd in the polling place ? A. About 4 o'clock there must have been about fifty people. ■ 421 Q. How large a room was it ? A. I should judge about 25x40 or fifty feet. Q. Do you know what took place while you were outside ? A. No, sir. Q. You don't know how many men voted or who voted ? A. No, sir; I don't. Q. Why did you leave your |place ? A. I. was forced to for fear of being killed. Q. Did Blake threaten to kill you? A. Yes, sir; he said he would kill me; he would show me who was running the polling place. Gross-examination : By Mr. Bochb: Q. Blake has been dismissed from the force? A. I don't know; I heard so. Q. What are his politics ? A. I can't say. Q. Did you know that Blake was a Eepublican ? A. No, sir. Q. Did you ever hear it claimed that he was, or that he claimed that he was ? A. No, sir. Q. Officer McChesney is a Republican ? A. I don't know. Q. What is his reputation as to politics ? A. I don't know. Q. Have you heard he is a Eepublipan? A. Yes; I heard so. ; Q. Madigan who was there was a watcher? A. I don't know; I don't t^ink so. , Q. You don't know that he was not? A. No, sir; I don't know. Q. This large number of people who got. in about 4 o'clock — that was about the time of the rumpus ? A. Yes, sir. Q. I suppose Blake got under the influence of liquor? A. I should judge so. . • Q. When the sergeant found that out he had him removed and a sober man put there? A. Yes, sir; that was after the voting took place. Q. It was after this rumpus ? A. It was after the election stopped. Q. It was pretty nearly stopped at 4 o'clock ? A. A good many voters came in at that time. Q. What time did the polls close ? A. I forget. Q. Four forty-seven, wasn't it? A. Well, that gave about three- quarters of an hour. Q. This man who came out, whose tickets you would not accept, you don't know whether he voted at all or not ? A. No, sir. Q. You don't know whether this other party later in the day used this paster ballot or not ? A. Which one ? 422 • Q. Tou spoke of some man — ? A. (Interrupting.) He used a paster ballot. , Q. How do you know ? A.. He received the paster and went into the booth but I can't tell whether he put it on or not. Q. Who was it ? A. I can't say ; I forget. , Q. Do you know his politics ? A. No, sir. Q. The first paster ballqt you found on the floor, you don't know how it came there ? A. Yes; I do. Q. You tore it up? A. Yes, sir. Q. Did you see the other one? A. No, sir; but it must have been given by a Democrat. Q. I don't ask what it " must be " — I ask for your knowledge; have you any means of finding out who that man is, for I would like his name ? A. I suppose I could find out. Q. Will you try ? A. Yes, sir. Q. And let me know ? A. Yes, sir. By Senator Endees: Q. You know Mr. Roche's address ? A. Yes, sir. By Mr. Roche: Q. How many voters in your district? A. I can't say positively. Q. About how many? A. About 226 voted, but I can't say how many didn't vote. Q. Who had a majority of the votes in the district? a! The Democrats. Q. What was the majority ? A. I can't say now. Q. Do you know of any legal voter who was prevented from voting that day there ? A. No, sir. •Q. Was there any trouble in the canvass of the votes'? A. No, sir. Q. You had made up your registry in the legal form ? A. Yes, sir. Q. And it was an honest, fair registration ? A. Yes, sir. Redirect examination : By Mr. Wellington: Q. Did you see any man admitted whp had no right to vote? A. No, sir. Q. How did that paster ballot come to be on the floor ? A. It was dropped by Mr. Reynolds, the Democratic inspector. Q. Did any Republican in the room hand a paster ballot to this voter? A. No, sir. Q. Did he get the paster ballot in the room ? A. He did» 423 Q. You were asked aUout Officer Blake ever having the reputation of being a Republican; did you ever hear such a suggestion as that made ? A. I don't think so. Mr. Whitman. — That is the fact. He always claimed to vote the Republican ticket. Mr. Wellington. — That is the most ridiculous thing I ever heard of. Mr. Roche. — He was appointed by a Republican police commissioner. Q. Tou remember when an attempt was made to remove him from the force, after the trouble ? A. Yes, sir. ' Q. Officer Blake was a conspicuous figure in that trouble ? A. Yes, sir; he was. Q. Do you remember that the' Republican police commissioners attempted to have him removed ? A. I think I read to that effect. Q. And the Democratic police commissioners voted no? A. I can't say now. Q. What is your best recollection ? A. I think they did. Becross-examination : By Mr. Roche. Q. Did you hear that Blake on the night of election was cheering loudly over garrison's triumph ? A. I wasn't a voter at that time, and I don't know anything about it. Q. You didn't learn of that as a matter of local history ? A. I read all about Blake. • Q. You knew that in the vote that my friend refers to, there was something more than Blake's retention or dismissal from the force involved ? A. Which ejection ? Q. This election of 1888, at which it is said that Blake voted for Harrison ? A. I don't remember having heard of it. Q. You knew that they attempted to drag the superintendent into that difficulty, and that he really was on trial ? A. Yes, sir. Q. And that they made charges against, the superintendent? A." Yes, sir. Q. What is Reynolds' first name ? A. Michael. Q. Did you see him drop the ballot on the floor ? A. No, sir. Q. Who were the Republican workers there ? A. I don't know the Republican workers; Thompson was the Republican watcher, but I didn't see any Republican! i^orkers. Q. That is Dickson's ward ? A. No, sir; the sixth is Dickson's, but it is not his "district. Q. Where were you all day ? A. Inside the polling place. , ' 424 By Senator Endres: Q. You spoke about this inspector dropping the paster ballot ? A. Yes, sir. Q. Yoii also stated th^t the voter swore beforehand that he had no paster? A. Yes, sir. Q. What was the cause of his ' being sworn ? A. He didn't swear, but he stated he didn't have. Senator Endbes. — That is a little different to what you swore to; you said he had sworn to it. ' By Mr. Eoche: Q. I understand you to say, and if I am not right you can correct me, that you didn't see Reynolds drop this ballot? A. No, sir; I didn't By Mr. Wellington: Q. How did you come to know it ? A. He told me so. By Mr. Roche: Q. When ? A. The night of election. Q. What reason did he give? A. Nothing. Q. Did you count that man's vote among the rest ? A. I think it was counted. Q. Are you sure about it ? A. Yes, sir. Q. Any question in the board as to the canvass of the vote ? A. No, sir. Q. You all signed the return ? A. Yes, sir; we did. James Smyth, recalled: By Mr. Wellington: Q. You know Officer Blake ? A. Yes, sir. , Q. Did you ever hear of his being a Republican? A. No, sir;never. Q. You have been an ackve Republican in Troy for a good many years ? A. Yes, sir. « Q. Did you ever hear of Blake being anything but a Democrat by reputation ? A. Yes, sir ; I did. Q. What? A. A scpundrel. Senator Ende^s. — That is a new political party; isn't it. The Witness. — He asked me if I ever heard of his ever being any- thing but a Democrat, and I did. ' Q. The question has been asked whether when Officer Blake was on trial the superintendent was not really on trial; they were two different 425 cases ? A. I doil't understand that the superintendent chased people away from the polls. Q. At the time of the attempt to remove Blake from the force, he had a trial entirely distinct and separate from that of superintendent Willard's? A. Yes, sir. Q., Superintendent' Willard's case was not involved in Blake's case? A. They were not tried at the same time. Q. Do you remember the fact that the Democratic police commis- sioner voted to retain Officer Blake ? A. Yes, sir. Senator Endres. — What is the object of this ? Mr. Wellington. — To show the political standing of Blake. By Mr. Eoohe: Q. Where did Blake live? A. I don't know; different parts of the city. Q. Did he live in the ninth ward once ? A. I think so. y. Did you hear that ho claimed to be a Republican and to act as a Republican while he lived in the ninth ward? A. No, sir; I never heard anybody blame him for being a Republican. Q. Did you hear that he was appointed to the force upon the recommendation of the Republican police commissioner? A, No, sir. Q, You don't know that it is not so ? A. No, sir; certainly not. Ohables G. Pbioe, sworn for the sitting member, testified as follows: By Mr. Wellington: Q. Where do you reside ? A. Sixth ward. Q. What district? A. First. Q. Were yoii a Republican poll clerk at the election held last November? A. Yes, sir. Q. Did you then see Officer Blake at that polling place ? A. Yes, sir. Q. What took place when he was there? A. He went into the booth; I saw him going into the booth once to'assist a voter in fold- ing his ballot. Q. Had that voter sworn he was physically disabled? A. No, sir. Q. Did anyone ask Officer Blake to go in the booth ? A. No. Q. What took place? A. Well, Mr. McNab, the Republican inspector ordered him out, and he came out; that's the last of it; I didn't see him go in again. Q. Did you see him assault McNab? A. Yes, sir; he went after him and struck him with his club and clinched with him and scratched his face. Q. Did you hear him say anything ? A. He said he woi^ld kill him. 54 426 Q. Did he attempt to draw his revolver? A. No, sir; I didn't see him. Q. Was there any other policeman there? A. Not at that time; McChesney was there in the morning. Q. Did you hear Blake say anything else? A.; He said he come down there to instruct the voters, and he was going to do it. Mr. EooHE. — I submit, Mr. Chairman, and I address myself to the counsel also, whether it is worth while to spend time to prove the acts of a drunken police officer who has been dismissed from the force. Mr. Wellington. — It has not been shown he was drunk. Mr. Roche. — He evidently was, or he would not have acted that way. Mr. Wellington. — There has been a great cry of intimidation of voters in Washington county. Mr. EocHE.-^And proven. Mr. Wellington. — You claim it has been.' There has been nothing approaching such a scene as took place in this district. It can not be duplicated in any election ever held in Washington county, and in this case we show that a Democratic policeman, who was there to maintain order, comes there and says he is tliere to run things, and attempts to and does assault a Republican inspector, driving him out of the room. If assisting voters who claimed to be physically disabled in Washing-, ton county is sufficient to throw out a district, what are the acts of this man Blake sufficient to do ? I tVnk it is a very significant fact. If the other side will admit it I will withdraw the witness. I don't know that they attempt to deny it. Mr. Whitman. — Your witness testified that every one who came there qualified to vote was permitted to vote. Mr. Wellington. — But there were ten minutes that he was not pre- sent, and he was driven from his place by a Democratic policeman. That is not an " irregularity," I fancy. Mr. Roche. — His associate was there. It is not pretended thkt anything was done in the meantime which was wrong. Senator Endees. — We may as well go on. Q. What did McNab do then ? A. After he was assaulted he went to the other side of the room and afterwards Blake went aftei: him again, and McNab got out. Q. Do you know bow long he remained out? A. I think about ten or fifteen minutes. Q. Did Blake make any further threats after he went out ? A. No, sir; not that I heard. Q. Did Blake do anything else after McNab left the room ? A. I didn't see him. 427 Gross-examination : By Mr. Roche: Q, Did he go out? A. OflScer Blake didn't go out until after another officer came after the polls closed. Q. What time did this occur ? A. I think about 4 o'clock. Q. Had most of the vote been cast at that time? A. Yes; the majority of it. Q. Had Blake been absent nearly all the afternoon ? A. All the morning, and he came in about 2 o'clock in the afternoon. Q. What was4;he matter with him? A. I should say he was drunk. Q. Do you know of any legal voter who was prevented from voting there that day ? A. No, sir. Q. This attempt of Blake to go into the booth was only in one case ? A. That is all I law of it. Q. Ton were there about all day ? A. I was attending to the poll- list, and I couldn't look at everything going on. Q. Anything of an unusual or violent character would attract your attention ? A. Yes, sir. Q. Do you know the man upon whom Blake intruded himself ? A. No, sir; I didn't know the voter. Q. Do you know the ticket he voted ? A. I -couldn't say. Q. Do you know that he was prevented from voting the ticket he wanted to vote? A. I don't think he was. ' Q. He didn't call for Blake to go in ? A. I didn't hear him. Q. Did any inspector, either Democrat or Efepublican, urge Blake to go in ? A. No, sir; he went in of his own accord. Q. Blake went out of there after the polls closed? A. Yes, sir; about half ^an hour after they closed, I think. Q, And another officer who was sober attended the board while the canvass proceeded? A. -Yes, sir. Q. You had no difficulty about the count? A. No, sir. Q. You all signed the returns 1 A. Yes; the inspectors did. Q. You were satisfied that this man Blake was drunk ? A. Yes, sir. Q. When he is drunk he is a pretty noisy fellow ? A. I should say he w^s. Q. When he came there in the morning was he sober, apparently ? A. From all appearance he was. Q. While he was there in a sober condition did he attempt to inter- fere with any voter that you saw ? A. I didn't see him. Q. He was there how long ? A. For about half or three-quarters of an hour' in the morning, and then he showed up again about 2 o'clock and stayed until about 4 o'clock. 428 ^ By Mr. Wellington : Q. Do you know whether the report went out that Blake was down there ? A. Yes, sir. Q. Do you know what effect that had upon the voters ? A. I heard afterward — Mr. EocHE. — I object to what he heard as purely speculative. Q. You don't know what effect that had upon voters? A. His being there ? Q. Yes ? A. I don't know; I didn't hear of any. Duncan MoNab, Jr., recalled: By Mr. Wellington: Q. Do you know what effect Blake's presence at the polls had upon voters in the district ? A. I think it prevented — • Mr. Roche. — I object tO his opinion. Q. Do you know of any facts that you can relate with respect to the effect that Blake's presence at the polls had upon voters ? A. I think — Mr. EooHE. — I don't want your opinion. Q. State the facts ? A. There were persons that interfered with the voters; Blake's presence interfered with the voters about the time of the rush, and 1 think — Mr. EocHE. — Never mind your opinion. Mr. Wellington. — The opinions were given very freely upon the other side. Mr. RooHE. — Oh, no. Mr. Wellington. — I beg your pardon, they were. Senator Endeeb. — You will have plenty of latitude. « Mr. Wellington. — I am not complaining. The Witness. — There was quite a rush of- voters about the time Blake was there. Q. Were there as many voters immediately after this occurrence as there had been before in the room? A. I don't understand your question. Q. State it in your own way; state the facts. A. There were a gpod many voters in the room at the time; there was quite a rush of voters, and the booths were filled, but after I got out I didn't know what occurred; I can't tell. Q. Do you know whether any men left the room on account of his presence ? A. No, sir. Q. Did you hear of this occurrence on the street, after it happened that day, when you went out ? A. I suppose I did. 429 Q. So tljiat it was known on the street that Blake was in the room ; A. Yes, sir. Gross-examinaiion : , By Mr. Eoohe: Q. When you went out from that room did you tell any person that Blake was inside, and that you had had trouble with him ? A. They all knew it. [Question repeated.] A. No, sir. Q. Do you know who was outside who knew it? A. I think thete were about 200 people outside. Q. Do you know whether they'knew that there had anything occurred inside ? A. I think so. Q« Do you know ? A. I do. Q. Hadn't most of them voted ? A. I can't say. Q. Dp you know that any person who was outside that heard that news failed to votebeoause Blake was inside ? A. No, sir; I can't say. By Mr. Wellington: Q. Do you remember of a man named Thompson coming there after this raw i A. No, sir. Q. After you went out do you know where Blri,ke stood in the room ; after you went out of the room did you see Blake standing by the door with his club? A. No, sir; I went into the house, and I didn't see it. By Mr. Koche: , Q. What time did this occur ?• A. Between 4 o'clock and the closing of the polls. Q. How long after 4? A. I couldn't tell. Q. What was the name of the last person to whom you gave ballots before you had the trouble with Blake ? A^ I can't say. Q. How many votes had been cast up to that time ? A. I can't tell. Q. Had a majority of the votes been cast? A. Yes; I should think so. Q. By a large proportion ? A. Yes, sir; I think so. ;Q. Do you know the name of the man to whom tickets were given whom Blake went into the booth to assist ? A. No, sir. Senator Endees. — He has testified to that once before. Mr. EocHB. — It was the o^her witness. Senator Endees. -r- He saicf so also. Q. Blake was there from 2 to 4 o'clock? A. I don'f know whether he was there all the tiihe; he came back about 2 o'clock and he stopped there "until the row. 430 * Q. Was there anyone voting during that time ? A. Yes,, sir. Q. Did he interfere with anyone ? A. No, sir; he was insid^ the railing all the time; he didn't interfere with anybody up to this tim«. Q. When you came back into the polling place were the;re any more voters voted ? A. No, sir. By Senator Endres: Q. No more after you came back ? A. No, sir. Q. Had the hour for stopping voting arrived then ? A. Yes, sir. By Mr. Wellington: Q. Had the polls closed when you came back ? A. Yes, sir. Charles G. Price, recalled, testified as foUows: By Mr. Wellington: Q. After McNab left the polling place, after being assaulted by Officer Blake, do you know where Blake stood ? A. I think in the center of the room, a little more towards the door. / Q. Did he have his club drawn? A. Yes, sir; he had it in his hand. Q. Do you know whether there were as many voters came in after the row as before? A. I couldn't say; I hardly think there was, though. Mr. EocHE.— It is not likely there were. Q. Was there not a large rush of voters at the time of the row ? A. Yes, sir; there was quite a number. Q. As large a number as at any time during the day ? A. Larger. Q. And that was when the row commenced ? A. The noon hour is the most voters. Q. When the row cor^menced, were there many there ? A. Yes, sir; quite a good many. By Mr. Roche: Q. You don't mean to change your testimony of a while ago, that you don't know of any of those persons having gone away ? A. No,*Bir. By Mr. Wellington: Q. You don't mean to swear there were no persons who were intimidated ? ' Senator EttoEES. — Do you want to try to contradict your own witness ? Mr. Wellington. — No, sir. 431 The Witness. — I don't say that there was nobody intimidated. I should think it would intimidate them to have a drunken policeman there. < By Senator Endees: Q. Did all vote who wanted to vote after this row occurred ? A. I don't know; I suppose they did. ^ Q. No one was refused the opportunity to vote who wanted to vote * A. I think two or three came in afterwards who didn't get a chance to vote before the polls closed. Q. That is the reason they didn't vote ? A. Yes, sir. Q. Everybody who wanted to vote, after this row commenced, voted if he desired to until the polls closed ? A. There was a little time that they couldn't vote; there was such a racket; they didn't get started to vote until five or ten minutes after the row. Ql There was twenty minutes between the time they got started and the time that the polls closed? A. Yes, sir; about that time. Q. All who desired to vote during that twenty minutes could vote ? A. Yes, sir; about ten minutes after the row they could vote. By Mr. Weixington: Q. While the row was in progress, was there any voting done? A. No, sir. Q. Nor for how; long afterwards? A. I should think five or ten minutes. - Q. How many men came to the polls to vote after the polls were closed? A. I think there were three or four. ^ Q. There was not time ? A. No, sir. Q. Do you know whether they had been there for any length of time ? A. I think they were there for a little time. Mr. EocHE. — I don't want your opinion or judgment. We want your knowledge. Q. Had they been there before the polls closed ? A. Yes, sir; they were'there for a little while. Q. You don't know vyhat effect this thing had upon people in the street? ' A. No, sir; only what I heard afterwards. Q. You don't know of your own knowledge ? A. No, sir. Q. What did you hear ? Mr. EocEB. — I object to that. Mr. Wellington. — I submit that it is competent within the rules. Senator Endees. — It is a pretty broad question. Mr. Wellington. — If this were a court I would not for a moment suggest it. 432 Senator Endees. — Put it in a different way, and probably we will allow it. Q. Did you meet any elector after this occurrence that day ? A. No, sir. Q. Did you the following day ? A. I don't remember. Q. Do you remember whether it was commonly understood among the electors of the district that the presence of this officer kept people away from the poll ? Mr. EooHE. — That is too broad. I object to that. It is proving ' hearsay and rumor. By Senator Endres: Q. When did you first hear people speak about the row insidS, and that it was probably the means of keeping voters away? A. I didn't hear that it was the means of keeping voters away but I heard that they were going to mob the officer. Q. That the people were going to? A. Yes, sir; and that it was an outrage. Q. When did you hear it ? A. After I went home that night. Q. What time was that ? A. I think around 12 o'clock. I By Mr. Eoche: Q. So it was not the people who were afraid, of the officer but the officer who had reason to feel afraid of the people ? A. I think the people were afraid of the officer; the people outside were talking of mobbing him; the people inside were afraid of him. Q. Do you know the names of those who came late to the polls ? A. No. Q. Do you know their faces ? A. No, sir; I couldn't tell them again if I saw them. Q. What was the vote in your district? A- I don't know exactly; 225.1 think. Q. What was the registration ? A. I think there were about twenty more. Q. That was a pretty full vote for such a registration? A. I don't know. Q. Don't you know from common knowledge and observation that 225 votes out of a registry of 235 is a very large vote? A. I should say it was. Q. Is it a Democratic district ? A. I think it is about two-thirds Democratic. 433 Q. If there was any voting stopped the Democrats would sufEer in a greater proportion than would the Eepublicans ? A. They generally get their votes in in the early part of the day. Mr, Wellington.— That completes the list of witnesses. Mr. Roche. — We ought not to be called here for such a small list as this. Mr. Wellington. —We had a great deal of difficulty in getting them in, and some of them were not subpoenaed until late to-day. Senator Endrbs. — We will adjourn these proceedings until 2 o'clock Monday afternoon. The committee then adjourned to Monday March 7, 1892, at 2 p. m. Albany, N. ¥., March 7, 1892, 2 p. m. The committee met pursuant to adjournment. Present. — Chairman Eoche and Senator Endres. William A. Oahile, being duly sworn, testified as follows: By Mr. Wellington: Q. Do you know Mr. Elmer E. Barnes ? A. Tes, sir, Q. You were subpoenaed to produce a paper that you said he gave you about or on election day ? A. Tes, sir. Q. Have you that paper? A. I have one paper that he gave me; I had several. Q. The one I refer to is the one containing the name of Democrats 1 A. Yes; supposed to be Democrats [producing paper] ; here is the only one I could find. Q. W\hen did he give you the paper which you now produce ? A. Between 4 and 5 o'clock of election day. Mr. Wellington. — I would like it marked for identification. Mr. Oahill hand the paper to the stenographer. [The paper was here marked by the stenographer " S. C. E."] Gross- epcamination. By Mr. Whitman: Q. Do you know Mr. Levi Worden ? A. Yes, sir. Q. Did you see him on election day ? Mr. Wellington. — I object to it as not a subject of cross-examina- tion, if the committee please. They should not be permitted to go into their case now with this witness. Mr. Whitman. — Suppose we could prove something by this gentleman ? 55 434 Mr. Wellington. — But they must call him as their witneBS. I have asli:ed him nothing except to produce a paper which was referred to in Mr. Barnes' direct testimony, and hence he should not be consid- ered our witness in testimony that may be given by the contestant. Chairman Roesch. — Hewould not be considered your witness as to thi^ testimony now, would he ? Mr. Wellington. — If he is considered their witness, I have no objection. Chairman Eoesch. — As to matter not brought out on direct exam- ination, he would not be your witness. Mr. Wellington. — With that understanding, the only objection is that they should offer this proof when we get through,, if they are going to reopen their case. Chairman Eoesch. — The committee rules that the cross-examination may continue, but that as to matter not covered by the direct exam- ination, he is not the witness of the sitting member. Q. The question was whether you know Mr. Worden ? A. Yes, sir. Q. He was the Eepublican candidate for member of assembly ? A. Tes, sir. Q. Do you know Charles Dougherty ? A. Tes, sir. Q. Did you see Mr. Worden talking to a man by the name of Dougherty ? A. I saw him talking with a gentleman by that name. Q. Do you know Cornelius Crowley ? A. Yes, sir. Q. Did you see Mr. Worden in company with a man by that name ? A. Yes, sir. Q. Did you see him give him money ? A. No, sir; I did not. Q. State what you saw him do ? A. Well, about 10 o'clock, I should judge, I went with a man named Thomas Meany, over to the house of Thomas F. McGrath, which was about 100 yards from the polls; it might be a little less; we went in there and had a cigar; in the cor- ridor, or hallway from that back, I saw Mr. Worden with those two gentlemen you have mentioned ; that is all I know about ihat. Q. Do you know Dr. J. L . Heany ? A. Yes, sir. Q. Did you see him election day ? A. Yes, sir. Q. Did you see him and Worden together? A. Yes, sir. Q. State what you saw ? A. Well, I was at the polls in the eighth district on that day, and the doctor came over; I should judge 2 o'clock in the afternoon; about that time; there is a large French vote in our town. Q. Is he a French Canadian ? A. He is a Parisian Frenchman, and he is the recognized leader of the Frenchmen there; he told me that in the seventh district, where the French people reside, he was over 435 there and that the Republican inspector refused to allow him to go into the booths with men that called upon him, and he asked me for advice; I got in his carriage and went over with him; a man came up — I forget his name, a Frenchman — and wanted to vote, and his hands were crippled, and he wanted somebody to prepare his ballots; he called for the doctor, and Mr. Flood refused to allow him in; I told him to go in. Q. Was Flood the Republican inspector ? A. Yes, air; Mr. Flood tried to, bar his progress, and I called upon the officers to keep him back; after, considerable harangue the doctor was allowed to go in; previous to that he told me that he had been barred several times. Q. Were you in the eighth district that day ? A. Yes, sir. Q. What do you know about Republicans working within 150 feet of the. polls in that district? A. I was not there much; the only time I was at the polls there was when I would go to Barnes and get the list of Democrats who hadn't /voted; there was only one thing that in any way excited suspicion, %nd that was a man named Fred Russell; he had a man in next door to the booth; the booth was in a- barn and next was the old office, and he had a man named Edward Mansfield, and he brought him out and brought him in and voted; that is, he went in and voted; I didn't hear any conversation; I don't know whether he gave him a dollar or not; Mansfield was reputed to be a Democrat and Russell was a Republican worker. Q. Do you know anything about naturalization papers being used there? A. This was some time previous to election; there was a man came into the place one night where I boarded; he said he would like — • Mr. Wellington. — I object to it as hearsay. ^ , The Witness. — The man told me himself. Chairman RoEscH. — Who was it? A. I don't remember his name; I think his name was Higgins, but I am not sure; I am satisfied I don't know his name, because there have been enough Democrats discharged for voting, without getting his name in. Mr. Wellington. — I move to strike it out, so that it may not go upon the record. / Chairman Robsch. — Yes; strike it out. What do you propose to show, Mr. Whitman ? Mr. Whitman. — It is to show a scheme to vote men who were not naturalized, pretending that they were naturalized. But I will not insist upon it. Q. You know Mr. Barnes ? A.. Yes, sir. 436 Q. Where is that paper ? A. Here. Q. What is the fact as to whether you and Mr. Barnes are friends or not ? A. Well, Mr. Barnes and I are not the best of friends. Redirect examination : By Mr. Wellington : Q. Tou spoke of one Eepublioan inspector by the name of Flood ? A. Tes, sir. Q. Who w^re the other inspectors ? A. I couldn't tell you. Q. And the Democrats ? A. I don't know. Q. The board there was Democratic ? A. I couldn't tell you that even. Q. That is the eighth district? A. No, sir; this is the seventh. Q. Do you know Frank Eiley ? A. Yes, sir. Q. What district did he work, in ? A. I didn't see him work at all. Q. Didn't you see him election day? A. I must have seen him; I don't recollect exactly where. • Q. Did you see him before election ? A. I see him every day and a couple of times a day; we are neighbors. Q. Do you know what he did with the fund that was given him? A. No, sir; I don't think he had any. Q. You didn't hear Mr. Barnes testify ? A. No, sir ; this is the first time I h9,ve been here. Q. That he gave the fund to Mr. Eiley ? A. I don't know anything about that. Q. He is the Democratic supervisor ? A. Yes, sir; I believe so. Q. You don't know anything about that fund ? A. No, sir. ' \ Elmer E. Baenes, recalled : ^^ s By Mr. WKLLisaTON : Q. On youi; direct examination you testified that you had a list of twenty-three Democrats who were approached and kept away from the polls — can you give me without any assistance the names of those Democrats? A. lean give you some of them; I don't know all of them. Q. Will you look at the paper produced by the last witness; do you recognize the paper ? A. Yes, sir; I recognize this paper, and my writing also. Q. Does that purport to give a list of twenty-three names? A. These are the names I wrote off on election day. ' Q. Are those the ones you referred to on your direct examination ? A. These are part of them. 437 / Q. Where are the rest? A. Here is twenty-one. Q. Are those twenty-one men you referred to Democrats who were approached and kept away from the polls? A. This was one of the lists I made out; I said they hung around the polling place and went awa;^; I didn't say they were approached, as I know of. Q. You don't mean to testify that these men were approached and kept away ? • ' Mr. EocHE. — Was not some of his testimony to the effect that some of the persons had not voted simply ? Mr. Wellington. — No ; that was not the effect of the testimony. The Witness.— There were certain people who came around the poUs and hung around for a time and disappeared. I tried as best I could to keep an account of those names; I wrote them down on a piece of paper. I think this paper contains the names — Mr. Wellington. — I move to strike it out as not responsive. The Witness. — This paper — Mr. Wellington. — Just wait a moment, as I want to make the ques- tion definite. On page 26 I call your attention to this question and answer: "Q. What do you know as to the abstention of voters that day from the polls? A. I*have a list of twenty-three Democrats that were approached and kept away; .they came to me and wanted money, and I couldn't give it to them." Q. Do you wish to modify that statement? A. I don't wish to modify that E^t all. Q. Have you a list of twenty-three Democrats who were approacl^ed and kept away who came to you and wanted money? A. I can't answer that question emphatically, the way you have propounded it, but I will say that I made various lists — Q. (Interrupting.) I am not asking you that; can you answer the question? A. No, sir. Q. Did you not on your direct examination state that you kept the names of those twenty-three that were approached? A. Whatever my direct examination shows, that is what I kept. Q. I will call your attention, at page 27, to this question: i " Q. .Where did some of these men work ? A. Those twenty-three that I have kept the names and that were around the polls, and didn't vote, worked all over the village; some worked in the shops." Q. Has not your attention frequently been called to that list that you kept? A. I presume so; you have called it several times. Q. You have been asked to produce that list here, haven't you? A. I have. 438 Q. Tou swore, did you not, that that list was in the possession of Mr. Cahill; that he had a copy of it? 4-1 did not. Chairman Eoesch. — I think he swore that Mr. Cahill had the Ust. The Witness. — I didn't say it was the list that I had. Mr. Wellington. — Oh, yes, you did; I don't care anything abput any other list. I wanted to cross-examine him as to this list of twenty-three men he testified about. Chairman Eoesch. — I understood the substaince of his testimony to be that the twenty-three names are marked upon the " tickler," and from that he made up lists, and one of the lists was in the possession of Mr. Cahill. Q. Did you make up that list from any tickler? A. The list that — Q. (Interrupting.) Did you make up that list from any tickler ? A. No, sir; I don't understand that; I said I probably could pick them out from that. Q. Did you make up any list from any tickler ? A. I don't think I did. Q. Where did you make that list up that you have in your hand ? A. As the vote proceeded on election day — Q. (Interrupting.) Where did you make the list ? ' A. I am trying to tell you where I made it, if you will allow me an opportunity; I will answer it as directly as the English language will allow. Q. Go ahead and do so. A. As the election proceeded on that day, as various persons appeared around the poll whom I had reason to believe were Democrats — Mr. Wellington. — I move to strike it out. Chairman Eoesoh. — He said " whom he had'feason to believe were Democrats." Mr. Wellington. — He is stating when he did it. Q. Where did you make the list? A. I made this list at the polling place, in the eighth district of Hoosick Falls. Q. During election ? A. Yes, sir; during elections day. Q. Did you at that time have any tickler in your possessioA? A. I had that tickler checking ofE the names; I had another book from which I have torn a leaf, upon which I put down the names, and I handed those to one of our men whom I supposed could get these voters to vote; it was generally acknowledged that there were twenty- three of them, and I believed the names were upon the paper; that was in the eighth district; there was also quite a number of Democrats in the eighth who didn't vote, and I took their names down in order to get them out with the others; this list may contain not Rnly those 439 who didn't appear and vote, but also those who appeared and then disappeared. Q. Where is the list you swore to on your direct-examination, a list of twenty-three names who appeared and came to you and wanted money? A. I don't know where it is; I told you I lost it out of my pocket. Q. Can you give us that list of twenty-three names ? A. I can not. Q. Or any one ? A. I can give you a list — among them are con- tained several of those, I presume. Q. Can you give me one name of one Democrat who came to you on election day and wanted money, and who was approached and kept away from the polls ? A. I presume I could give you nearly the whole twenty-three. Q. Give them. A. I don't propose to do it; the men would lose their jobs if I did, and there has been quite enough in our village already. Mr. Wellington. — I ask that the witness be instructed to give the names. I can't verify his testimony or contradict his testimony in any way. Chairman Roesoh.— The committee rule that you are obliged to give the names of the twenty-three Democrats who, as you have testified, approached you for money on election day. The Witness.— Did I say they approached me for money ? I would lite to have my direct testimony read. Q. I read it once; I will read it again, at page 26: "Q. What do you know as to the abstention of voters that day from the polls ? A. I have a list of twenty-three Democrats that were approached and kept away; they came to me and wanted money, and I couldn't give it to them; they went to the Republican workers; they took them over to the sald'on, and they disappeared, and they didn't vote that day." A. Well, I think there was a couple in the family, of Kirbys; I can't remember their first names; they appear here on the list; there is one more by the name of Shaughnessy; there was one in that family, and I think two; there was a fellow named John Kelly. Q. !How many Shaughnessys ? A. There was one of them; it seems to me there were two; I wouldn't say positive as to that. Q. Can you give their first name ? A. No, sir; there was a fellow by the name of Mark Brennand. Q. Is there any way to identify Shaughnessy ? A. I don't know as there is; you will find him in the eighth district. Q. How many of that name live there ? A. Seven or eight. 440 Q. Which one was it ? A. I can't testify positively as to the given name of the parties. By Chairman Eoesch : Q. Can you give the name of any of the parties by reference to the tickler ? A. There was Mark Brennand. By Mr. Wellington: Q. Can you, by referring to the tickler, point out Shaughnessy ? A. There is several of them. Q. (Presenting same.) This book that you have in your hand is a tickler ? A. Yes, sir. Q./Do you know that has Mr. Shaughnessy's name on? A. This tickler I was supposed to have made a personal canvass of that district for, but instead of that I copied the poll-list, and I was so busy at the time that I didn't have an opportunity to go around and see people whose names are not on this tickler. Q. Do you find a Shaughnessy upon this ? "A. I only find one; Dan. Q. Did Dan come to you and ask for money ? A. No, sir. Q. Is there any other ? A. There was Mark Brennand; he lives ia our district. Q. Are there any other Shaughnessys in the district? A. Yes; there are four of them. Q. Where does Brennand live ? A. In our district. Q. Did he approach you and ask for money ? A. He approached me and asked me if I had anything to give him. Q. He didn't vote? A. No, sir; Pat Harrison wanted to know what we had; of course, I never handle money. Q. What did you say to him ? A. I told him if he voted he had to vote on principle. Q. What was his name ? A. Pat Harrison. ^* Q. Where does he live ? A. In the eight district. Q. Give another? A. I don't remember any more; I can't remem- ber any more of them. By Chairman Eoesch: Q. Can't you pick out any others of the twenty-three by reference to your tickler ? A. I think there was O'Melia, that come around there after money; I can't remember the first name; I told him I didn't have any. Q. How many are there of that name in the eighth district ? A. Well, we have Bryan here, and Michael, but there are three or four of them; they are not all on this tickler. 441 Q. That tickler does not pretend to give a correct and full list of all the voters who came tb the J)oll8 to vote that day? A. It should have contained that, but I didn't have the opportnuity. By Mr. WmiLiNaTON: Q. Didn't you testify that the list of twenty-three names could be made up from that tickler ? A. I thought I could make it out. Q. Didn't you so testify ? A. There is the list there, or part of it. ^. Didn't you testify before the committee that this list of twenty- three could be made up from that tickler that you hold in your hand ? A. I said I thought it could, but I don't believe I can do so; that is the substance of it. Q. At the time you testified you knew the tickler was not correct 1 A. Yes, sir; I thought I could so testify; I didn't know how correct it was, but I supposed it was as correct as we could make it. Q. Look at the brown paper again; you have given half a dozen names — are any of those names upon this paper ? A. Tes; some of them; here is the Kirbys. Q. How many more are upon that paper ? A. Here is Hooley, and here is Shaughnessy. Q. Did you give Hooley 's name ? A. No, sir. Q. Is Hooley a man that come to you and wanted money ? A. No, sir; he didn't come' to me and want money, but there was another feller that come to me for money that I forgot, and that was William Cronan; he lived in the eighth district. Q. Is his name on the paper? A. I don't believe it is; also a man named Eiley came to me. Q. He lives in the eighth district ? A. Tes, sir. Q. He didn't vote ? A. I don't know whether he did or not; I couldn't say. Q. Is he one of the twenty-three that you knew stayed away 1 A. I know he approached me for money; I don't know that he stayed away and didn't vote. Q. He is not one of the twenty-three ? A. No, sir; I don't think he was. Q. You are not certain that no other of the twenty-three didn't vote? A. Yes, sir,-" I am certain about it. Q. Was Eiley one of the twenty-three ? A. I don't know; the last hour and a half I was busy trying to get these people in. Q. The list contains their names? A. Yes; I presume so. Q. What are those names — are those th-e names of Democrats who were approached and kept away from the polls, and who came to you 56 442 for money ? A. I know there are some there that never approached me. Q. Are there any others on that paper who approached you for money and were kept away by Eepublicans from the polls ? A. Not that I know of except those I have named. Q. Can you by referring to this tickler, give the name of a single other Democrat who came to you for money, and who was approached by Eepublicans, and kept away from the polls ? A. I don't know that I could. Q. Will you endeavor to? A. No; 1 don't think I could tell. Q. Have you endeavored to ? A, I have only examined it as you have seen me here. Q. Have you looked for any more names? Chairman Eoesch. — He has answered that question. He says he has only examined it as you have seen him doing it here. Mr. Wellington. — That would not convey much of an idea to the senate. The Witness. — I don't think I could pick out any more names than I have mentioned. There has been some talk about them, and that has impressed it upon my memory; beyond that I would not be safe in testifying. Q. You have stated heretofore that you could furnish these names by reference to the list, and by referring to the tickler; now, refresh your recollection by looking at the tickler, and give the list. A. I have looked at the tickler; I see that I had more confidence in my ability than I actually possessed. Q. You are not able to complete this list ? A. No, sir. Q. What is your business ? A. Lawyer. Q. Were you ever admitted to practice ? A. Yes, sir. Q. Where ? A. General Term here in Albany. Q. Where did you study law? A. I studied law in Hoosick FaUs. Mr. Whitman. — What difference does that make. Mr. Wellington.— I intend to impeach him. Q. Where did you study law? A. Hoosick Falls; in John J. Mad- den's ofBce. Q. What is your age ? A. Twenty-seven. Q. You have been justice of the peace there ? A. Yes, sir. Q. How many years ? A. Five. Q. You were a candidate for re-election ? A. Yes, sir. Q. You were defeated? -A. Yes, sir; by the same influence that defeated Mr. Collins. 443 t Q. While you were justice of the peace, did you collect fines from various persons ? Mr. KocHE. — I object to it as immaterial. We are not trying Mr. Barnes for his acts as justice of peace. There is a tribunal before whom those acts can be litigated. Mr. Wellington. — We desire to impeach him. Mr. Whitman. — Not by specific acts. Mr. Wellington. — We can, out of his own mouth. Chairman Eoesoh. — Tes; you are perfectly able to do it, if you can. The Witness. — I would be glad to have him ask about all my official acts, and I will answer then. Q. You had occasion to collect fines from various persons ? A. Tes, sir; I presume so. Q. Don't you know it is a fact that you collected fines ? A. Yes; of course I did. Q. Extending over a period of about five years ? A. Tes, sir. Q. Do you know to whom you were obliged, under the law, to make returns of those fines ? A. Of course I do. Q. To whom ? A. To the county treasurer. Q. During the period of your office did you make return of the fines ? A. Tes, sir. Q. To what amount ? . A. I made returns of all I collected. Q. To what amount? A. I don't know; I didn't look up my record to find out. (J. Don't you know you have never made returns of over sixteen dollars ? A. I don't know anytliing about it. Q. Tou will not swear that you have returned more than sixteen dollars? A. I will not swear whether I have returned sixteen or sixteen hundred, because I haven't examined my books. Q. Will you swear you ever made return of over sixteen dollars ? ,L. I will not answer it, because I don't know; I would have to examine my docket to find out; I will swear that I returned all that the county was entitled to, whether it was sixteen dollars or 16,000,OOQ. Q. Will you swear that you have made return of over sixteen dollars? A. I have told you. Q. Is that the way you answer the question? A. Tes; I have told you I will not swear how much. Q. Answer the question? A. I don't know how much I have returned; for five years, for instance, — Q. Answer the question? A. During the five years I will swear that the county has paid me back in the neighborhood of four hun- 444 dred dollars or five hundred dollars that they owed me in excess of ■what I collected. Q. During the period of your holding that office will you swear that you returned more than sixteen dollars? A. I have answered the question; I will swear I don't know how much. Q. Will you swear you returned more than sixteen dollars ? A. I would have to examine my record. Q. Will you swear you returned more than sixteen dollars ? Chairman Eoesch.— . The committee think the witness has answered the question. Q. Do you know John Gates 1 A. Tes, sir. Q. Where does he live? A. I don't know; he has been living in Vermont for some time; he is out of the way of a warrant. Q. Do you remember of having him arrested and brought before you? A. Yes, sir. Q. And of fining him twenty-five dollars ? A. I think it v?as in the neighborhood of the amount. Q. He paid the fine ? A. Yes, pir. Q. To you? A. No, sir; he didn't pay a cent to me. Q. Whom did he pay? A. I don't know. Q. What do you mean by saying he did pay it to you, alid then taking it back? A. I said he paid the fine — somebody else paid it for him. Q. You got the money? A. Yes, sir; me and the constable got it between us. Q. How much did the constable get ? A. About three-quarters, I ^ think, and after taking out my fees I returned the balance to the treasurer. Q. When ? A. Eight after he was arrested. Q. What report did you make, if any ? A. I simply sent a check to the county treasurer. ; Q. With a statement ? A. !• didn't send any statement; I simply said so much fine collected. Q. Did you ever make a return of that money collected from Glates ? A. We don't ever make any regular return; if there was any leftover I returned it; I don't know whether there was any left over. Q. You don't mean to swear that you ever sent one dollar of that? A. I don't know; my record would show. Q. Do you remember on another occasion of having Gates before you when you fined him ten dollars ? A. No, sir; I didn't fine him ten dollars; I didn't fine him anything. Q. Didn't you, on another occasion, fine him ten dollars ? A. No, sir. 445 Q. Do you know William Matteson ? A. Yes, sir; I think so. Q. Do you remember of his being before you ? A. Yes, sir. Q. Do you remember of his being fined ten dollars ? A. I think he was fined in that neighborhood. Q. Who paid that fine ? A. I think Michael Curtis paid it; I don't know. Q. What did you do with the money ? A. I took out whatever was _ coming to the constable, and took my own fees out, and if there was any left I returned it. Q. When did you return it? A. I don't know; I have had a hun- dred, or 300 such cases; if you want to know I will examine my docket and tell you when and where and all about it. Q. You know your case was presented to the grand jury ? Mr. Whitman. — I object to that. That is only an accusation. Chairman Roesoh. — He is able to take care of himself. Let him go on. \ The Witness. — I know the Republicans wanted — Mr. Wellington. — That is not an answer; I object to it. The Witness. — There were certain Republi(?ans — Mr. Wellington. — I object to it. Q. I ask you whether you know that your case was presented to the grand jury? A. I knew a party was drawn on the grand jury whom I had beaten in election, and in school meeting, and all the way through the town, and that they wanted to drive me out of the town and they wished to have me indicted; I understood that one of the parties got drawn on the grand jury, and he was ashamed to vote for the bill himself; that JB what I understood. Q. The case was not presented ? A. Yes, sir; it was, as I understood, Mr. Wellington. — It never was presented. They went through the formality. Mr. Whitman. — Were you there ? Mr. Wellington.-^ No, sir. Mr. Whitman. — The grand jury must have " leaked " a little. Mr. Wellington. — Well, they sometimes do leak a little up in our county. Mr. RooHB. — You ought to have some cases presented to the grand jury where these fellows who were subpoened here went out of the State. Mr. Wellington. — I would like to join hands with you on that. Mr. Roche. — I don't think you would. Mr. Wellington. — Yes, sir; I am for prosecuting every man who has violated the election law in Troy. 446 Q. Do you remember when Mr. John Gates was fined twenty-five dollars by you ?, A. I remember something of the affair. Q. Do you remember when it was ? A. I think it was for indecent exposure on some Sunday, and he was fined twenty-five dollars; and he always behaved himself afterward. Q. Do you remember when it was? A. No, sir; I don't remember the date; it was two or three or four years ago, I couldn't tell which; it was when I was living at Eagle Bridge, anyway. Q. Have you since that time made any return to the county treas- urer of any money ? A. I couldn't tell you unless I looked at my docket. Q. Do you remember when William Matteson was fined ten dollars? A. He was in the same scrape. i Q. What is the name of the constable to whom you gave three- quarters of the fine? A. There were two constables. [Question repeated.] A. Mr. Michael Curtis. Q. How much did you give him ^ A. I couldn't tell you unless I looked up my docket. Q. Do you mean to swear you paid him out of this sum? A. Yes, sir. Q. And that was about three-quarters of the amount ? A. I don't know how much it was; as a rule the constable made about three- quarters; he gets his traveling fees and so much over; I suppose on that occasion he got his' regular fees; I suppose he did get about three-quarters. Q. Do you remember that he did? - A. I don't know; there are such cases coming before me every day. Q. It was this particular deputy you have mentioned who got the three-quarters? A. I think there was another; the chief of police had the handling of the man also; he was left in the lock-up. Q. What is the name of the other deputy ? A. I don't know who it was; it was one of them up in Hoosick Falls; J don't remember his name. Q. How much did he get out of the fine? A. I don't know; I couldn't tell you unless I looked up the matter. Q. Have you ever been convicted of a crime? A. Never; never, sir; never accused of one, either; you might say further that I am also a member of the church; the only crime I have been accused of has been that of trying to beat the Eepublican party. Q. You were the only one upon the Democratic ticket at the last election who was defeated ? A. Yes, sir; and it cost them $1,500 to beat me at that. 447 Bedirect examination : By Mr. Eoohb: Q. Was your coming here on two occasions used against you in this recent election ? A. Tes, sir; that was carried into the canvass and made a prominent issue. Q. You had testrfi.ed on your former examination that most of the "bosses" in the big shops were Kepuldioans ? A. Yes, sir. Q. Were a part of these men working against you at the recent election ? A. Yes, sir; most every one of them, and some Democrats with them; they were afraid if I was ejected they would all get through; I polled fifty more votes than when I was elected before; I polled nearly fifty more yotes this time than when I was elected; I had 1,088 this time and 1,040 before. Q. What was the grand jury matter about which, you have been asked? A. For years I had resided in Eagle Bridge, and at the national election of 1884 they got me discharged; the Kepublicans sent in a petition because I was too perniciously active in politics; I was the head of an organization; I got back on the road after a year or so. Q. What dp you mean by that ? A. After a year or so I got back on the railroad; on the B. & H. T. railroad; in 1884 they had an organi- zation, and I was at the head of it; they sent in a petition after the election; I was operator, and I had a machine in my ofiSce; Jay Gould sent a dispatch that Cleveland was elected, and I put up a flag on a pole that was in front of the place, and they discharged me for it; in 1888 I took an active interest in the election when Cleveland was renominated, and I got laid off; I got a dispatch from the operator tliat I had been too much interested in politics, and that I had better get my living put of them, and iShey laid me off for ten days; I told them that they might give me my time; I went into politics for a business then; our town has gone Democratic from 100 to 300 every year since; this man that got drawn on the grand jury, by mistake, I suppose, didn't like me, and they couldn't drive me out by getting me discharged, and so they said they would get me indicted, and would » drive me out of town, but I am in town yet. Q. Did he succeed in^ getting Vou indicted? A. No, sir; he didn't get a vote. Q. Are the justices of the peace in your town salaried officers or paid by fees ? A. Paid by fees. Q. And the fees come out of the cases that are presented before them ? A. Yes, sir. 448 i Q. Are the constables salaried officers ? A. No, sir. Q. They are paid by fees 1 A. Yes, sir. Q. The expense of issuing warrants and 'serving them, and the mileage of constables, etc., paid by fees ? A. Tes, sir. Q. You were pretty active on the day of election ? A. Tes, sir; I was last fall. Q. Were you trying to keep track of the Democrats who failed to come up and vote ? A. Tes, sir. Q. Were you in communication with other persons upon that sub- ject? A. Tes, sir. Q. Was there some talk as to the number of those who abstained from voting? A. Tes, sir; there was a great deal of talk. Q. What did it finally center down to in your district ? Mr. Wellington. — I object to it as hearsay. Q. Was it conversation and transactions in which you participated ? A. Tes, sir. Mr. Wellington. — I object to that. The Witness. — The witness who was last on the stand participated in it. Chairman Eoesoh. — He may testify to what he said, or what the last witness said to him, if that is the purpose. Mr. EocHE. — On the subject asked about by Mr. Wellington. The Witness. — I said to Mr. Cahill as the polls closed, " It is a shame that the twenty-three people who were around here all day didn't vote." It was bad enough for the people who didn't vote to \ keep away. That conversation was very general in that district. / Q. Are t^)ere twenty-three names on that list? A. No, sir; I ' understand there are but twenty-one. Q. Were you informed by Cahill during the day of two others ? A. Tes, sir. Q. Who had been around but had not voted? A. Tes, sir. Q. These voters whom you now note there, and the other two that were reported to you, were people of whom you were keeping track as Democrats who failed to come and vote? A. Tes, sir. Q. Some of these you knew of your own personal knowledge had come up there and had spoken to you and then had gone away without voting? A. Tes, sir. Q. Is it a fact that you put on some others whom you can't recall as to talking with personally — it was understood by you and Cahill and others there who were keeping track of the abstaining Demo- crats, that they didn't appear. Mr. Wellington. — I object to it as incompetent and hearsay. 449 Q. Confine yourself to what you and Cahill knew ? A. "We knew that twentyrthree of them were around the polls, and we thought it strange that they should be around the polls and then disappear. Mr. Wellington. — I move to strike it out. Chairman Eobsoh. — Strike it out. The Witness. — We talked among ourselves about these , people coming there and disappearing without voting; we knew it was Wor- den's district and that he was making a very hard effort to make it appear good for both himself and Derby. Q. Worden was the Republican candidate for member of assembly ? A. Yes, sir. Q. What impressed the matter upon your mind was the appearance of those persons and then their disappearance ? A. ¥es, sir. Recross-examination : By Mr. Wellington : Q. When yoii talked with Cahill was it after you had handed this list to him ? A, These twenty-three that we were speaking of went away' about 3 o'clock; it was after 3 o'clpck anyway. Q. You answered Mr. Roche that in the evening after election you talked with Cahill? Mr. Roche. — I didn't ask him anything about the evening. A. I don't remember that question. Q. Did you answer Mr. Roche that you talked with Cahill ? A. Yes, sir. , Q. And that ypu said to him it was a shame that these twenty-three didn't vote ? A, Yes, sir. Q. When was that conversation ? A. We spoke about it several times through the day. Q. When was the conversation to which Mr. Roche called your attention ? A, It was twenty times during the day if it was once, Q. Did you refer to twenty-three men who didn't vote, early in the morning? A. No, sir; I said after 2 o'clock I referred to that. Q. Was it in reference to the twenty-three that you handed Cahill this list ? A. It was in reference to the twenty-three we have talked about; I made out a good many lists that day; this is one of the lists; I made out one list before 12 o'clock. Q. Did you hand Cahill more than one list ? A. I think I gave him three or four .different lists. Q. It was in reference to those three or four lists that you talked with him? A. Yes, sir; some of the names would be on every list. . 57 450 Q. Who had you in mind when you spoke of the twenty-three ? A. We were talking of the people who were around there, and it was generally understood that we had lost twenty-three votes. Q. Didn't you refer to that list when you spoke to him ? A. I referred to some of the names upon it; I didn't refer to the list as a whole. Q. Didn't Mr. Roche call your attention to twenty-one upon that list? A. Yes, sir. Q. He said there were two more, which made twenty-three ? A. Yes, sir. Q. Wasn't it that list, with the two, you referred to ? A. I don't understand that it was that list as regards twenty-three; the twenty- three were understood to be people who came there and disappeared. Q. You desire to modify your testimony in that respect ? A. It seems to me that my testimony ought to be plain by this time to both you and the committee. Q. Who were these " bosses " of the Wood works who worked against you at the last election? A. I don't propose to answer that. Chairman Eoesch — I think we have had enough of the election at which the witness was a candidate for justice of the peace. It has not been material at all. We have allowed you to go into it, but I think we will stop now upon that matter. The Witness. — I was not beaten very bad — forty-three in 2,300. Redirect examination : By Mr. Roche: Q. Did you make out lists, from time time, during the day of Democrats who had failed to appear and vote ? A. Yes, sir. Q. As the day advanced that list grew less in number ? A. Yes, sir. Q. Until finally before the polls closed the number of abstainers got down to twenty- three ? A. Not exactly like that; there were twenty- three people we had the " tab " on, who should have voted, who were hangjng around the poll all day. Q. The number of those who came there apparently to vote and did not vote, got to twenty -three before the polls closed ? A. Yes, sir. Qi During the day you also had lists, from time to time, of Demo- crats who were registered and who had failed to vote ? A. Yes, sir. Q. As some of them appeared and voted, that list was reduced in number? A Yes, sir; I think there were twenty of those; there were forty-eight or forty-nine Democrats who didn't vote in that district. Q. These were men that you talked about who were there apparently for the purpose of voting and who did not vote ? A. Yes; that is it 451 exactly — at least we thought they were there for the purpose of voting. Q. Have you heard anything from Crowley and Dougherty? A. Dougherty returned last night with a nice new suit of clothes, and he said he got $3,000 out of election. Mr. Wellinston. — I move to strike that out. Mr. Roche. — Tes. It may be. Q. Where is Crowley? A. He sailed for London a couple of weeks ago, with a gentleman that was with — Mr. Wellington. — We object to that. The Witness. — He's got a new overcoat and he's well dressed. By Mr. Whitman : Q. They are the men of whom testimony was given ? A. Yes, sir. By Mr. Wellington: Q. When you were working for the railroad was it for the telegraph company or tlie railroad ? A. I was telegraph operator on the railroad. Q. The Fitchburgh ? A. It was before the Fitchburgh purchased it; it was the Boston and Hoosiok Tunnel. Q. While working there were you justice of the peace ? A. For a short time, along the last part of it. Q. For what period ? A. The last year probably that I was there. WiLLUM A. Cahill, recalled: By Mr. Wellington: Q. Do you remember a conversation with Mr. Barnes in regard to twenty-three who hadn't voted? A. We had several conversations that day. Q. Did you have a conversation after the list was handed to you ? A. Tes, sir; were together that night; we went to Troy together that night. Q. Did he represent that that list contained names of Democrats who approached him for money? A. He didn't say that; he wanted me to get them out and vote them. » Q. When did he hand you the list ? A. Betweep 4 and 5 o'clock probably. Q. What time did the polls close? A. Some time after 5; I am not sure. Q. Did you make any attempt to get them ? A. Tes, sir. Q. Was it in regard to any men upon that list that Mr. Barnes said to you it was a shame those twenty-three didn't vote ? A. I couldn't say. 452 Q. Do you remember his saying anything of the kind ? A. I remember his saying something about it being a pity we couldn't get out the proper vote. Q. Do you remember of his saying anything about twenty-three ? A. He said something about twenty-three; there were more than twenty- three; he mentioned that number, twenty- three. Q. From the speech of people, do you know what Mr. Barnes' reputation is in Hoosick Falls ? A. Yes, sir. Q. What is it? A. An honorable gentleman. Q. It is good; is it? Ai Yes, sir. By Mr. Roche: Q. Do you know a man named Mansfield up there ? A. Yes, sir. Q. Did you see him on election day ? A. Yes, sir. Q. What do you know about his being around there ? A. Mans- field was hanging around there fot quite a while; I saw him early in the morning; he came to me and wanted to know if there was any money in it ; I told him no; I had no money to spend; after that I saw him with Mr. Eussell, a Republican worker; they came out of a booth next to the polling booth, and Russell hung on to him until he voted; an hour afterwards he said, " I voted the straight ticket; " he wanted two dollars; I says, "What ticket;" he says, "Democrat;" I says, " I guess not ; " he says, " Oh, I fooled him." Q. Russell hung on to him ? A. Yes; he went inside. Q. Was Russell an active Republican worker ? A. Yes, sir ; he was that day. Q. He sort of " jumps the fence " — ' he goes where he can get the most. Q. He was on the Republican side that day? A. Yes, sir; they had the monfey that day. By Mr. Wellington: Q. Who was handling the money on your side ? A. I don't know; I didn't see it. James H. Thompson, recalled: By Mr. Ingalsby: Q. You reside in Greenwich ? A. Yes, sir. Q. In what election district ? A. No. 4. Q. You are very well acquainted with the electors of that district ? A. Yes, sir; pretty well. 453 Q. Are you acquainted with John W. Clark ? A. Yes, sir. Q. What is his condition as to being physically disabled? A. I should consider he was physically disabled. Q. Are you acquainted Vith John Lindsay ? A. I kn6w him, Q. What is his condition as to physical disability? A. I can't say positive; he is an old man. Q. How old ? A. I should say 75 or 80. Q. Do you know David Green, Jr. ? A. Yes, sir. Q. What is his condition as to physical disability ? A. I shouldn't consider he was physically disabled. Q. How old is he ? A. Probably 28 or 30, 1 should say. Q. An BiCtive man apparently; has the use of his limbs? A. Yes; for anything I know. Q. Do you know Thomas Reed ? A. Yes, sir. Q. What as to his physical disability? A. I should consider he was physically disabled. Q. How old is he? A Ninety-two, I think; 92 or 93. Q. You think he is physically disabled ? A. Yes, sir. Q. Are you acquainted with Harrison Smith'? A. Yes, sir. Q. How old is he? A. Probably 48 or 50. Q. What is his condition as to physical disability ? A- He had been sick for about two years; I should consider he was physically disabled. Q. His health is now feeble ? A. Yes, sir. Q. His physical condition is poor? A. Yes, sir. Q. Do you know William Whipple ? A. Yes, sir. Q. How old is he ? A. Seventy-five or 80. Q. What is his condition? A. Physically disabled, I should consider. Mr. Whitman. — It strikes the counsel that this is simply calHng for conclusions. If there is any point to be made about this testimony, simply calling for the opinion of this gentleman, a layman, and a man who does not pretend to be a physician, does not furnish any testi- mony to enlighten the committee as to whether these parties come within the law, but it is a general conclusion. ^ Mr. Ingalsbt. — This is the same character of testimony as that elicited by the other side, except in a number of instances I have had the witness state why he considered the parties physically disabled. I ask him now: Q. Why do you consider Mr. Whipple physically disabled? A. On one hand he has a deformed thumb and finger, I think. Q. What is his age? A. I should think, 75 or 80. 454 By Chairman Eoesch : Q. Is the condition of his hand such that he is unable to fold his ballots? A. Yes, sir; it has been so for two or three years; he has had a felon on his hand. By Mr. Ingalsbt: Q. Do you know Henry Boot ? A. Yes, sir. Q. State his condition ? A. He has but one hand. Q. Is he able to properly fold a ballot without assistance ? A. No, sir. Q. Do you know James Warneck? A. I know him. Q. How old is he ? A. Seventy-five, or in that neighborhood. Q. What is his condition as to physical disability? A- I- am unable to say ; I don't know wtiether he is physically disabled or not. Q. Are you acquainted with Merritt Finch ? A. Yes, sir. Q. He lives in the other election district? A. Yes, sir; district No. 2. Q. What can you say as to his physical ability; how old is he? A. I should say, 46 or 48. Q. Active, working man ? A. Yes, sir. i Q. He has the use of his arms ? A. Yes, sir; he labors occasionally. Q. Has the use of his eyes ? A. For anything I know. Q. Do you know if he can read ? A. I am unable to say. Q. Are you acquainted with William Connery of the other election district? A. Yes, sir. Q. How old is he ? A. I should think 46 or 50 perhaps. Q. He is a working man? A. Yes, sir. Q. Has the use of his hands and arms '? A. Yes, sir. Q. How about his eyesight? A. I don't know anything about his eyesight but what it is all right. Q. Do you know whether he can read ? A. I don't know. Q. Are you acquainted with William Herrington? A. I know a William Herrington of the other election district. Q. What is his condition ? A. There is nothing the matter with him that I know of. Q. What is his age in your opinion ? A. I should think he was 35 or 36, or somewhere along there. Q. Has he the use of his hands V A. Yes, sir. Q. What is his occupation ? A. I think he is employed in a knitting mill. Q. He is a laboring man ? A. Yes, sir. Q. Do you know Charles H. Barber, of Greenwich? A. Yes, sir. 455 Q. Did you have a converstitiou with him a short time ago aB to this Collins-Derby contest, and as to the part he was taking in it? A. I have had several talks wiith him. Q. State what he told you. Mr. Whitman. — That is objected to as hearsay ; if the object is to contradict Mr. Barber they should put the question directly to Mr. Thompson after having first inquired of Mr. Barber. Mr. Ingalsby. — Counsel for the sitting member offers to show by the witness that during the pendency — Mr. Roche. — Mr. Barber ihas been on the stand. He should have been asked the question. I submit that the rule is so plain that the counsel ought not to be permitted to make an ofEer as to what he will show, merely for buncomb and for effect. Mr. Barber was upon the stand and could have been fully interrogated as to whether he so stated to Mr. Thompson. Mr. Barber is available here every day in the week. Mr. Ingalsbt.. — We think we have a right to make an offer. Mr. EooHE. — I don't think so. The courts do not allow offers to be made before juries. Chairman Boesoh. — Is this as to a conversation between Mr. Barber and the witness before Mr. Barber was sworn as a witness in this matter ? Mr. Ingalsbt. — After, as I understand it. Mr. Whitman. — We submit Mr. Barber should be recalled. Chairman Roesoh. — The witness states that he has had several con- versations with Barber. Mr. Ingaisbt. — I will limit that. Q. Have you had a conversation with Mr. Barber since he was sworn here the last time ? A. I don't know when he testified last. Q. The last day that the contestant had the case? By Chairman Roesoh: Q, When did you have your last conversation with Mr. Barber about this matter as to the testimony he gave in this case ? A. I don't know that I have had any conversasion with him about the testimony he gave here. Q. Tou have had conversation with him in regard to this case ? A, Tes, sir. Q. When was the last ? A. I think Friday morning last. Mr. Wellington. — At page 397 you will find that Mr. Barber was sworn Thursday, February eleven. 466 The Witness. — It was Frirlay morning when he went back from here; if you had the hearing on Thursday, it was the next morning after. Q. You had a conversation with him the following Friday morning? A. Last Friday; if you had a hearing on Thursday evening. Mr. Wellington. — That was not the Thursday; it was Thursday, the eleventh of February, nearly a month ago. Q. Did you have a conversation with him on February twelve, that you recall. A. I can't remember the date. Q. It was of a Friday ? A. I am saying • that I had a conversation with him last Friday morning or Thursday morning. Mr. Ingalsby. — We ask the witness to detail that conversation on Friday morning last in regard to the part he was taking in this matter. Mr. Whitman. — We object to it as incompetent. It is not admissi- ble. It can only be admissible upon the ground of contradiction. In order to contradict him, they must first call Mr. Barber and ask him whether he stated so and so to the witness, and theti put the exact question. That rule is very plain. Chairman Eoesch. — What is your object in seeking to elicit from the witness a conversation had last Friday ? For what purpose do you wish him to testify to that conversation ? Mr. Ingalsby. — To show the motive which actuated Mr. Barber in the course he has taken in this contest. Mr. Eoche. — Why not ask Mr. Barber ? May be he can tell you that motive. Go at him directly; give Mr. Barber an opportunity to be heard upon the subject first. Mr. Whitman. — We will produce him here any time, if you want him. By Mr. Boohb : Q. Whe«i were you here as a witness ? A. I think a week ago to-day. The pHAiBMAN. — The committee excludes the testimony. Mr. RooHE. — We don't desire to ask him anything. ' Heney L. Mowry, sworn for the sitting member, testified as follows: By Mr. Ingalsby: Q. You reside in Greenwich ? A. Yes, sir. Q. In what election district of that town ? A. No. 1. Q. You were one of the election officers there last fall ? A. Yes, sir; I was one of the inspectors. Q. You have resided for a long time in Greenwich ? A. Yes, sir. Q. How many years ? A. I was born there and I have lived there most of my life. 457 Q. In politics ? A. "Well, more or less. Q. What are your politics ? A. Republican. Q. You are well acquainted with the voters of that election district ? A. Yes, sir. Q. Do you know Amasa Rose ? A. Yes, sir. Q. How old is he ? A. Well, I should say he was in the neighbor- hood of 80. Q. What is his condition as to being physically disabled ? A. Well, I should say it was from old age mostly; he is physically disabled, I should say. Q. And from old age ? A. I should say so, mostly. Q. Do you know Elizur Looker ? A. Yes, sir. Q. How old is he ? A. Seventy-five or 76. ' Q. What is his physical condition? A.. Well, I should think his eyesight was poor, for one thing; he is quite an invalid. Q, In your opinion is he or not physically disabled ? A. I should say he was physically disabled. Q. Are you acquainted with William Bosworth? A. Yes; I know him. Q. He is what age ? A. Nearly 80, 1 should think. Q. What is his physical condition ? A. I should say his eyesight was such that he could not see to read distinctly. Q. E. J. Peterman ? A. I know him. Q. What is his physical condition ? A. He is a very old man ; his eyesight is very poor. Q. You would put his age at what? A. I don't know, really; he is a colored man, and I don't know how old he is. ^ Q. Solomon Johnson ? A. I know hiila. Q. How old is he? A. Between 70 and 80, 1 should say. Q. Describe his physical condition ? A. His eyesight is very poor, I know. Q. George W. Fairbanks ? A. I know him. Q. What is his condition ? A. He is blind. Q. Robert Wilson, Jr.? A. I know him; he is subject to fits, and he is generally a cripple and broken up. ,Q. In your opinion is he physically disabled ? A. Yes; decidedly so. Q. Richard Murch ? A. I know him. Q. Describe his physical condition ? A. Well, I can't do it; I don't know about him; he is a laboring man; I don't know what there is about him, I am sure. Q. Has he the use of his arms? A. Yes, sir; I should think so; he is a hard laboring man. 58 458 Q. Eugene Brewer? A. I can't say positively as to him; there's a number of the Brewers. By Mr. Eoche: Q. What did you say your politics were ? A. Republican. Q. Did you hold any position on the day of election? A. An inspector of election. Q. Did you give any directions to Lavake or StUlman that day ? A. No, sir. Q. Did you order them or either of them out of the booths ? A. No, sir. Q. Or out of the polling place ? A. No, sir. By Mr. Wellington : Q. Do you know Mr. W. D". Convery ? A. Yes, sir. Q. And Mr. John H Mealy? A. Yes, sir. Q. They are in business there in Greenwich? A. Yes, sir. Q. Did you have a conversation with them respecting their attend- ance here? A. No; I didn't speak with them. Q. Who was it you spoke with ? A. I spoke with Mr. Aaron Bristol. Q. What did Bristol say ? A. I asked him if he was coming down here, and he said no he was not. Q. What did he say about his being subpoenaed ? A. I asked him if he was subpoenaed, and he said he had been. Q. He said he wouldn't come? A. Yes; he said it was of no account and it wasn't anything binding, and he didn't think there was any need of coming. By Mr. Roche: Q. Did you on the day of election say to Lavake or Stillman that they should not electioneer within the polling place 1 A. No, sir. Q. Or anything in substance that ? A. No, sir. Paul R. Stillman, sworn for the sitting member, testified as follows: By Mr. Ingalsbt: Q. Where do you reside ? A. Greenwich. Q. You were a voter in what election district? A. I am not a voter. Q. How old are you ? A. Twenty. Q. Were you at the polling place in Greenwich about 1 o'clock on election day last November ? A. Yes, sir Q. Did you, at that time, hear a conversation between Mr. Charles H. Barber and others ? A, Yes, sir. 459 \ Q. In regard to the Green family ? A. Yes, sir. Q. State what you heard him Bay ? Mr. EooHE. — I object to it as incompetent and hearsay. Mr. Ingalsby. — ^Mr. Barber has been interrogated in regard to the Green transaction from beginning to end, I think. The Chairman. — ^This is a different line of testimony from the other offered. Mr. Wellington. — This is a part of the res gestae. The Chaibman.— 1 think Mr. Barber was interrogated fully in regard to the Green family, and every member of it. Mr. BocHE. — I withdraw the objection. The Witness. — I was at the polling place at 1 o'clock on election day last November. Mr. Barber was talking with a gentleman there. I can't recall the name, I didn't know how it was. They were talking about this Green family. Mr. Barber was accused of buying this family. He said, " I didn't buy the family; we went up night before last and saw the old lady, and the old lady fixed that all right. We haven't paid those men anything." A. Did he say anything about it being no crime to bribe a woman ? A. No, sir. Mr. Roche. — We don't wish to ask him anything. Andrew Smith, sworn for the sitting member, testified as follows: By Mr. Ingalsbt: Q. Where do you reside ? A. Town of Fort Edward. Q. In what election district? A. I vote at Fort Edward; I don't remember the number. Q. The polling place is near the Milliman House? A. No, sir; it is up street further than that. Q. What are your politics ? A. Well, I vote the Republican ticket. Q. What is your business ? A. I am a brickmaker. Q. Do you have a brick yard ? A. Tes, sir. Q. Whereabouts is your brick yard located ? A. About three miles below the village. Q. How is it as regards the Champlain canal ? A. Eight on the canal. Q. On which bank? A. On the tow-path. Q. Do you use water in the brick yard for manufacturing purposes ? A. Yes, sir. Q. How do you get it ? A. I have an inch and a quarter pipe that leads into a hogshead under the tow-path. Q. Where is the water drawn from ? A. Prom the canal. 460 Q. The pipe passes under the tow-path ? A. Yes, sir. Q. Do you know John Ganley ? A. Yes, sir. Q. What is his politics ? A. I guess he is a Democrat. Q. You are certain he is ? A. I think he is. Q. What position did he hold last fall on the canal ? A. Division superintendent. Q. Do you know over what part of the canal he had jurisdiction ? A. I don't know that I know that; the five-mile level anyway. Q. His division commences south of your place ?' A. Yes, sir. Q. And extends north towards Smith's Basin ? A. Yes, sir. Q. Was he at your place a few days before the election last fall ? A. I don't remember that he was at the place. Q. You met him, though ? A. Yes, sir. Q. Whereabouis? A. On the road between our place and Fort Edward. Q. Which way were you going ? A. Coming home. Q. Did you have some conversation with him at that time ? A. He talked with me some. Q. State what he said to you, as fully as you can ? Mr. EooHE. — We object to that as hearsay. The Chairman. — This is a conversation between the witness and John Ganley? Mr. Ingalsby. — Yes, sir. The Chairman. — What is the object of it ? Mr. Ingalsby. — To show an attempt at intimidation by John Ganley. Chairman Endres. — A State officer ? Mr. Ingalsby. — Yes. Mr. Whitman. — An " attempted intimidation " — I suppose the best way — Chairman Endres. — The committee will allow it. Q. State the conversation ? A. I met Mr. Ganley and he says, " if we should take the water-pipe that leads to your brick yard, you couldn't run your yard, could you?" I says, "not very handy;" he says, " I have been down below and they have told me to see you fel- lers that has accommodation from the State, and tell you that they want you to do something for them this fall for the privilege; he said they were going to run Flower for Governor, and he was a very nice man, and he would like to have me vote for him if I would; he said he wouldn't say that I must do it, but he would like to have me. Q. Do you think of anything else ? A. Nothing in particular. 461 f Gross-examincUion : By Mr. Koohe: Q. Did he say anything else to you ? A. He said he wouldn't say that I must vote for him, or that he would take the water away if I didn't. V ' - Q. He said h6 would like to have you vote for Flower ? A. Tes, sir. Q. Did he mention Derby's name ? A. I don't think he did. Q. Did he mention any other name 1 A. I think he mentioned another name, but I don't know who it was. Q. .Are you prepared to say it was a candidate for senator? A. No, sir. Q. Or any judicial, county or state ofBce? A. No, sir; I didn't pay much attention to it. Q. Did you go and vote ? A. Tes, sir. I Q. Were you intimidated by what he said ? A. No, sir; I voted just as I would have voted if he hadn't said anything to me; I calcu- lated to vote the Republican ticket. Q. Did you carry out your calculations ? A. Tes, sir. Q. Tbu have the use of the water still ? A. There is not much running this winter^; there is not much running in the level; there is none running in the winter season at all. » Q. Up to the time it stopped ? A. After it begins to freeze in the fall we don't use it. Q. When did it begin to freeze ? A. First of December. Q. Several weeks after election ? A. Tes, sir. Q. The pipe hasn't been stirred ? A. No, sir. Mr. Whitman. — Tou expect to get water there next year, just the same ? A. Tes; I expect to. « James DeWitt Mott, sworn for the sitting member, testified as follows: By Mr. Ingalbbt: Q. Where do you reside ? A. Fort Edward. Q. In what election district ? A. No. 4. Q. That is the lower district ? A. Tes, sir. Q. The polling place is at Fort Miller ? A., Tes, sir. Q. What is your occupation ? A. Farming, at present. Q. Tour politics are what ? A. Republican. Q. Besides your farm, what other property do you own in the immediate vicinity near the canal ? A. Well, the dry dock is con- nected with the farm. ^ 462 Q. There is a boat-yard also ? A. Yes, sir. Q. You know Caleb Wells ? A. Yes, sir. Q. What are his politics ? A. I always supposed a Democrat. * Q. What position did he hold on the canal last October and November ? A. Captain of the State boat. Q. Under whose appointment ? A. Under Mr. Ganley's, I suppose. Q. Holding what position ? A. Superintendent of that department. Q. Did Wells come to your place shortly before last fall's election ? A. Yes, sir. Q. Did you have some conversation with him at that time, or he with yoii, as to politLoa and the use of water from the canal? A. We had conversation in regard to politics; he spoke of the privileges which I had in connection with the other. Q. State the conversation as fully as you can. A. He came into my place I should think about ten days before election; he said he wanted to have a little talk with me in regard to politics; he didn't wish to go into any argument about the matter; he asked me how I expected ^o vote and I told him; he suggested that wouldn't it be better for me to vote with " the powers that be " inasmuch as I was receiving accommodations from the use of the water for running dry-dock purposes. By Chairman Endees: Q. Was that his language ? A. Yes, sir; or very nearly that; I guess word for word; we had a little argument in regard to the matter. By Mr. Ingai,sby: Q. What was said, as near as you can state it ? A. I suggested to him that perhaps I should vote as I had told him — for Mr. Fassett — and we would turn "the powers that be" out; he said tome, "Of course, they are liable to shut off the water from the use of the dry- dock;" I told him I didn't think they would have any power to shut that off as long as I didn't abuse the right of using it; that it was a great accommodation to them as well as to me; we talked awhile and he said finally, "I hope you will take this into consideration and think the ma^iter over;" he left then. Q. Is that all you remember of his saying at that time ? A. That in substance; I don't know whether I recollect anything else specially. ' Q. Did he say anything about being sent there ? A. Oh, he said, "They have sent me down to see you folks down this way." 463 Q. Didn't he state that "Ganley," or "John, sent me down," or something to that effect? A. No; I think he used the word "they;" I intimated who they were. ' By Mr. Wellington: Q. What did you say when you "intimated?" A. He wanted to know if I couldn't vote for Flower; I told him my politics were always opposed to that, and I saw no reason to change it that fall; he sug- gested as I, have stated before. Mr. Ingalsby. — Mr. Wellington wished to call your attention to what was meant by "they." Mr. Whitman. — That is a matter for the committee. By Chairman Endres : Q. He didn't tell you who he meant when he said " they ?" A. No, sir. Gross-examination : By Mr. Roche: Q. Did you vote as you told him you meant to ? A. I think ^o. Q. You were n,ot intimidated? A. No, sir; not in the least. Q. The water was not cut off from you ? A* No, sir. Q. You don't expect it will be cut off ? A. I am not looking for iinything of that kind. Q. Anything said to you about the o£B.ce of senator ? A. I think nothing was mentioned but the head of the ticket. Q. You can't remember about anything being said about either can- didate for senator ? A. I don't recollect that he did. Q. Did you vote for the candidate for senator for whom you intendeds to vote before he talked with you ? A. Yes, sir. Q. You weren't intimidated upon that office either ? A. No, sir; I don't think so. Q. You are not a man to be intimidated ? A. Not very often. Mr. Whitman. — It is one of the charges against the superintendent of public works that he " farmed out " the water privileges. Q. You don't pay anything for that privilege to the State ? A. They use it for their purposes in time of freshets. Q. Do you pay anything for the privileges you have ? A. No, sir. By Mr. Ingalsby: Q. What use does the State have of the dry dock ? A. They often call us out in the night — they have done it sometimes — to let sinking 464 boats on, and sometimes day-times, in order to facilitate the naviga- tion of the canal, and in time of freshet they use it for a waste- weir; they can' you hold there at the last fall election ? A. Watcher for the Eepublican party. Q. Do you know Fred Ely 1 A. Tes, sir. Q. What are his politics ? A. Democrat. Q. Did he hold any position at that election? A. Watcher. Q. Democratic watcher ? A. Tes, sir. Q. Did you see any paster ballot or ballots given out by any Demo- crat during the day ? A. I saw him hand out one. Q. Where was it ? A. Inside the guard-rail. Q. What did you do ? A. I told him he must not band out any more. By Mr. Roche: Q. Did he do so ? A. No, sir; I don't think he did. Q. How many votes did Collins get there ? A. I think there were eighteen straight Democratic votes. Mr. Whitman. — He didn't hand out many ballots, then ? Q. Did you see the paster he handed out ? A. No, sir; I didn't see only one. Q. Do you know what was upon it ? A. No, sir. By Mr; Ingalsby: Q. He was the Democratic watcher at that poll ? A. Yes, sir. Q. He is known as a Democrat? A. Yes, sir. Geobge a. Patterson, sworn for the sitting member, testified as follows : By Mr. Ingalsby: Q. Where do you reside ? ,A. Town of Port Ann; West Fort Ann; district No. 3. Q. Your politics ? A. I am a Republican. Q. Do you know Clarence Oopeland of that town ? A. Yes, sir. Q. How far does he live from you? A. About half a mile, in the same election district. Q. Last fall, about the time of the fall election, did you receive any money from him to be used for political purposes ? A. No, sir. Q. Not any ? A. No, sir; not for political purposes. Q. Didn't he offer to give you any money ? A. He offered to give me money for dinners only. Q. You wouldn't take any money for that purpose? A. I took money to pay for dinners that the men eat, of course. 473 Clab^nce Copeland, sworn for the sitting member, testified: By Mr. Wellington: Q. Where do you reside? A. West Fort Ann.. Q. What district? A. No. 3. Q. Did you vote at the last election ? A. Yes, sir. Q. Did you have any money last election? A. Not a great deal. Mr. Whitman. — He has money always. ' Q. You are a Democrat ? A. Yes, sir. Q. Did you have any money for electioneering purposes ? A. No, sir. Q. Did you pay any men who had voted? A. No, sir. Q. Either election day or the following day ? A. No, sir. , Q. Did you distribute any money for that purpose ? A. No, sir. Q. Who handled the money on the Democratic side ? A. Well, I had cigars there a few times and dinners. ' Q. Who handled the money on the Democratic side ? A. I don't know as anybody. i Q. Where did you get the money from for the purpose of cigars and dinners? A. It was mine. Q. You were reimbursed, weren't you; you got the money back ? A. I expect to. By Chairman Endbeb: Q. Did you get it back ? A. No, sir; I haven't yet. '• By Mr. Wellington: Q. From whom did you expect it ? A. No one particularly, as you might say. ^ Q. Was it from the Democratic county committee ? A. I think it was. « Q. Had you seen them before election about it ? A. No, sir. Q. Had you seen any member of it before election ? A. No, sir. Q. Who was it that asked you to advance the money yourself ? A. No one particularly. Q. Don't you remember anybody ? A. No, sir. Q. How much did you spend ? A. , Perhaps four or five .dollars. i Q. Not over that ? A. No, sir. Q. Didn't you spend over four or five dollars ? A. No, sir. Q. Did you make out an account of it ? A. No, sir. 60 474 William A. Osteehout, sworn for the sitting member, testified as follows: By Mr. Wellington: Q. Where do you reside ? A. Sixth ward, third district. Q. You are a Republican ? A. Yes, sir. Q. Did you see any Democrats working within 150 feet of the polls? A. Yes, sir. Q. Did they solicit votes within that distance ? A. Yes, sir. Q. During the entire day was it done? A. Yes, sir. Q. Do you know Mr. Thomas Madigan ? A. Yes, sir. Q. He is a Democrat ? A. I suppose so. Q. He is a saloon keeper? A. Yea, sir. Q. Did you see him election day in November last? A. Yes, sir. Q. Did you see him with any money ? A. Yes, sir. Q. What did you see him do ? A. I saw him hand some money to another man that I didn't know. Q. Had that man voted ? A. I couldn't tell you. Q. Did he come out of the voting place ? A. He went in afterwards. Q. Where was it you saw him hand him the money ? A. In the street. Q. What part of the street ? A. Between fifty and sixty feet from the polls. Q. How soon after that did the man go into the polling place ? A. Well, immediately after. Q. How long had they been together? A. Not over twenty minutes. Q. Did you see any amount of money in his hand at the time ? A. No, sir; I couldn't tell what the amount was; I was in the middle of the street and they were on the sidewalk. Q. At that time was Madigan working at the polls ? A. I should judge he was a Democratic worker; he was going in and out of the poll all day long. Q. Do you know whether he was working for any particular candi- date ? A. No, sir; that I couldn't tell. Q. How long have you lived in that district? A. About twenty- three years. Q. Was this man he paid a stranger? A. Yes, sir; he was. Q. You never had seen him there before? A. No,. sir; I never recognized him at all. Q. HaVe you ever seen him since ? A. No, sir. 475 Q. Do you know whether he was challenged ? A. I don't know that. , Q. You didn't go inside ? A. No, sir; I never was inside the polls; I didn't vote in that district. Q. During the day did you see men go into Madigan's saloon ? A. Oh, yes. Q. To any extent? A. There was quite a number went there; he would go with them into the saloon. Q. How far was his saloon from the polls ? A. I couldn't tell exactly, but somewheres in the neighborhood of probably 100 yards or more; I couldn't say positively. Q. Is it on the same side of the street? A. No; opposite side. Q. After the men went into the saloon and came out, where did they go ? A. Some came back to the polls and stayed around a spell and went in and voted, and some didn't come back. Cross-examination : ByMr.EocHE: , Q. Where do you reside ? A. Sixth ward, third district. Q. What street and number? A. Grant avenue. No. 100. Q. That is a long distance from the third district ? A. Yes, sir. Q. In what is called DeFreestville, isn't it ? A. Well, I suppose so. Q. It is a good half mile from Madigan's district, isn't it ? A. Yes, sir. Q. What were you doing around Madigan's place? A. I was on the working committee; on the Republican committee. Q. Where were you when you saw Madigan handing money to this man? A. In the street in front of the polls. Q. How far from the poll was he ? A. Not over fifty feet. Q. Where were you ? A. In the middle of the street. Q. What were you doing there ? A. I was on the working committee. Q. What "working committee"? A. I was there soliciting votes. Q. Did you solicit them? A. I tried to, but I didn't. Q. What efforts did you make ? A. I asked men to vote for such apd such candidates. Q. That is "soliciting" votes, isn't it ? A. Yes, sir. * Q. Why did you say you didn't ? A. I said I didn't. Q. You said you tried to but you didn't ? A. I said I tried to solicit them but I didn't vget any. Q. iSVere the men you asked, asked to vote for Republican candidates? A Yes, sir. 476 Q. You don't know every voter in that district ? A. No, sir. Q. Nor half of them ? A. No, sir. Q. Nor one-third of them ? A. No, sir. Q. Are you ready to say that' this man Madigan was talking with was not a resident of the district ? A. No, sir. Q. You don't know but what his name was registered ? A. No, sir; I don't say whether he was a voter there or was not; I don't know anything about it, only I saw this money change hands. Q. You are not prepared to say it was given for voting ? A. No, sir. Q. You don't know but he and Madigan had business dealings ? A. No, sir. Q. This was in the public street? A. Yes, sir. Q. In the sight of a number of people ? A. Yes, sir. Q. Madigan's saloon is at the junction of Fourth and First streets ? A. Yes; that is correct. , Q. Does it front also on Main street ? A. No, sir. \ Q. Isn't it at the junction of Fourth, First and Main streets ? A. Yes, sir. Q. Main street is the chief road to the Burden Iron "Works ? A_ ' Yes, sir. Q. Only one block away ? A. Yes, sir. Q. E-very day and every night hundreds and thousands of men are passing by that place ? A . Yes, sir. Q. And a great many of the workmen going to and from the works are in and out of that saloon ? A. Yes, sir. Q. That was so on election day ? A. Yes, sir. » Q. Were you in there on election day ? A. I was. Q. How often? A. Once or twice. Q. Did you see Madigan give money to anybody in there on election day ? A. No, sir. Q. Did you see Madigan hand this man any ticket? A. No, sir. Q. Did you see him hand him anything except the money? A; No, sir; I didn't see him hand him anything only they had some money there. Q. You don't know how much that was ? A. No, sir. Q. Is there anything unusual to your mind in men going to and coming out from Madigan's saloon to and from the polling place ? Mr. Wellington. — I object to it as incompetent. Q. Did it strjke you as anything unusual ? * Mr. Wellington. — Objected to as incompetent. i 477 Q. Did you see quite a number of men on their way from the mills stopping at the saloon and getting a drink and then going to the polling place ? A. Yes, sir. Q. Are you able to say Madigan was not changing a bill for this man ? A. No, sir. Q. You don't vote in that district ? A. No, sir. Q. There arfe a number of active Eepublican workers in that dis- trict, are there not ? A. I suppose so. Q. Did you see anything unfair about the conduct of the election itself ? A. Yes, sir. Q. Tell me of any person who voted who didn't have a right to vote ? A. i am not able to swear to that, but I saw other things which were unfair; I saw them fixing pasters within ten feet of the polls. Q. Did you do any of that ? A. No, sir. Q. Was it because you 'didn't have the opportunity ? A. No, sir. Q. Why was it ? A. Because I obey the laws. Q. Why is it you disobeyed the law by standing within fifty feet of the polls; weren't you within the limit ot 150 feet peddling pasters? A. No, sir. Q. Didn't you say you were fifty feet away ? A. Yea, sir; I was fifty feet from there. Q. Didn't you have any pasters with you ? A. I did. Q. How did you come to be sent way from DeFreestville up to that district ? A. I was notified by a man named James Smith that I was assigned to go to the third district. Q. Why were you assigned there ? A. I can't tell you that. Q. Had you ever lived in the district ? A. No, sir. Q. For twenty years you had been living at DeFreestville? A. Yes, sir. Q. On the outskirts of the city ? A. Yes, sir; near the boundary line. Q. But yet in quite a populous little village ? A. Yes, sir. Q. Where they are a good many Democrats and Republicans, too ? A. Yes, sir. Q. Did you say anything upon that subject to Madigan ?, A. No; sir. Q. Who was the first you told about coming here to testify, and about this transaction? A. I dbii't know how it got eut that I saw this, but I mentioned it at my home, when I got home, about the way that the election- was conducted. Q. Was it communicated to Mr. Finder or Mr. Farrell ? A. I don't know how Mr. Farrell got hold of it; he got hold of it in some way. 478 By Chairman Endkes: Q. That is all the money you saw passed that day ? A. Yes, sir. Q. How close were you when he passed out the money ? A. I couldn't say how close. Q.. Could you see whether it was paper money or not ? A. It was bills of some denomination, I couldn't tell how much. Q. That is the only case of the kind you saw that day ? A. Yes, sir. Q. That was within fifty or sixty feet of the polling booth ? A. Yes, sir. Q. How long had he talked with this man before he gave him the money? A. Not over fifteen or twenty minutes; I couldn't tell exactly. By Mr. RooHB : Q. You don't know . that he was not borrowing that money from Madigan? A. No, sir; I don't know anything about what the trans- action was, only I saw the money. Q. You don't know but what he was a customer of Madigan and had given him some money, and Madigan was giving him some change in return ? A. No, sir; he might possibly. Q. Were you paid for your day's work ? A. Yes, sir. Q. By whom ? A. By this man that notified me to go down there. Q. Who was it ? A. James Smith. Q. Where does he live ? A. At the Iron Works. Q. Whereabouts there ? A. In the third district, he lives. Q. What place in the third district ? A. You know where Evering- ham & Wilson's store is ? Q. Yes ? A. It was almost immediately in front of that. j Q. How much did he pay you 1 A. Five dollars. Q. Fair day's pay ? A. Yes, sir. Q. Where do you work and what at V A. Carpenter work. Q. That is a little more than you would get at carpentering ? A. Yes, sir. By Chairman Endebs: Did you say anything to Madigan about passing money to this man ? A. No, sir. By Mr. Wellington : Q. Did you see anything of Officer Blake in the polling place? A. I should say I did. Q. What did you see ? A. I saw him drunk before 9 o'clock. 479 Q. They had trouble in there — did you see McNabb after he was driven out? A. No, sir; I was there at the time of the trouble, but I am not acquainted with McNabb. Q. Can you say what the effect of that row was upon voters out- side? A. It stopped all voting for about three-quarters of an hour. By Mr. Roche: Q. What time did it occur? A. In the afternoon; I couldn't tell the hour exactly; I should think about 3 or 4 o'clock. Q. Do you think you know better than McNabb what time it occurred? A. No, sir. Q. Do you think you know better than the other witnesses that were there ? , A. No, sir; I am only telling my opinion. Q. Tou were not inside? A. No, sir. Q. Do you know that a single voter was prevented from casting his vote that day because of that disturbance ? A. I saw a number go there, and they were put off the stoop. Q. Do you ki)ow that they didn't go back and vote? A. I don't know. Q. Do you know that the men that were put off the stoop hadn't voted? A. No, sir. Q. Was it anything more than the crowd that will congregate around a place of disturbance, and who were jostled to and fro while it was going on? A. He stood on the stoop and didn't allow anybody in or out. Q. When was that ? A. At the time of the row. Q. Was that before he was relieved ? A- ¥es, sir. Q. Were you there when he was relieved ? A. I am not positive about that, how long it was. Q. Do you disagree with McNabb and others that he stood inside ? A. He was inside, and after he came out he broke the glass out of the door and come out on the stoop and swung his club around, and he said the police of Troy were running the town, and nobody else. Q. Was he drunk ? A. If I had as much in as he did, I should con- sider myself drunk. Q. Were you there when he was removed ? A. No, sir. Q. Hadn't the poll closed when he came out on the stoop ? A. No,, sir; after it got quieted down, men voted. Q. How long did he remain there ? A. I didn't hear. Q. Did you heai? that the people were going to mob him ? A. No, sir. 480 Q. Was there considerable indignation over his conduct ? A. Yes, sir. Q. Among Democrats as well as Republicans ? A. Yes, sir; I heard Democrats speak about it as well as Republicans. By Chairman Endues: Q. That district is what ? A. It is Democratic. Q. By a large majority ? ' A. Pretty large. Q. And the officer came around about 9 o'clock and was drunk? A. He was so that he laid down at 9 o'clock in the morning. By Mr. Wellington: Q. How long was he on the stoop ? A. I should judge some fifteen or twenty minutes. Q. Did any voters go in while he was standing there ? A. No, sir. By Mr. Roche: ,Q. Was most of your vote cast before 4 o'clock? A. I couldn't say as to that; I was not in the polling place at all; I had no business in there and I didn't go in there. Q. What was the nearest you got to the polling place that day ? A. eight or ten feet. By Chairman Endbes: Q. What were you doing so close as that ? A. It was a cold day and we were merely walking up and down. Q. Were you soliciting votes ? A. No, sir; not within the prescribed limits. , Mr. Whitman. — He walked back when he asked a man to vote. 1 Daniel Thompson, sworn for the sitting member, testified as follows: By Mr. Wbllinoton: Q. Where do you reside ? A. First district of the sixth ward, Troy. Q. You were a Republican watcher at the last election ? A. Yes, sir. Q. In the afternoon of that day did you see Officer Blake standing on the steps of the polling place ? A. Yes, sir. Q. How long was he there? A. I should judge it would be about a quarter or twenty minutes of 5. Q. How long was he there ? A. He had been there a part of the day; half of the time he wasn't there. Q. Did you see him do anything upon the steps ? A. No, sir. Q. Did you see him flourish his club? A. No, sir; he was done at the time I was therf ; I was up to supper when he done it; they come up to the house and told me to come down and see him. 481 Q. It was after this trouble that you went down ? A. Yes, sir; the trouble was over then. By Mr. Roche : Q. Where did he go ? A. They came to the house for me to come down, and he was on the stoop when I came down; I walked past him. SiMDEL B. Smyth, sworn for the sitting member, testified as follows: By Mr. Wellington : Q. Where do you reside ? A. First district, twelfth ward, Troy, N. Y. ^ Q. Were you present at the election held in November last? A. Yes, sir. . Q. Did you see anyone vote at the polls in that district on that day who had no right to vote ? A. Yes, sir. Q. State the occurrence ? A. There were two or three that we objected to; they voted on names that some of the inspectors knew that they were not the men. ^ Q. Did they swear in their votes ? A. Yes, sir. Q. What became of the ballots ? A. They were put in the box by the inspector. Q. Which ones ? A. The enemy rule in our district. Chairman Endbes. — No, no, answer the question direct. Mr. Wellingtom. — He alludes to "our friends," the enemy. He only used the expression in a jocose way. Q. State which inspector that was ? A. It is largely a Democratic district, and in fact it is altogether Democratic. , Q. Who put the ballots in the box ? A. The Democratic inspector; McGrath was the man and he was chairman of the board. Q. Did you know of a man who voted on the name of Frank Cava- naugh? A. I don't know him; I know a man voted on Frank Cavanaugh's name; the inspectors objected to him; he said he boarded at such a number on Lincoln avenue, and it was known that Mr. Cava- naugh was a man of family. Q. How about the case of Frank O'Neil ? A. After a repeater having voted, the Republican inspector sent'me out to see which way he went; th6n he came back and our ballot clerk said, " I think there has been a man in here and voted on Frank O'Neil's name;" I am quite sure it was not Frank O'Neil, because Frank. O'Neil had lived within a half block of him,> although he had not seen him in some time; in a few 61 482 minutes Prank O'Neil came in and wished to vote; they said he would have to swear in his vote, which he did. Q. Did you see any electioneering done within 150 feet of the polls? A. Yes, sir; there was one case that I thought was election-' eering, and by telling the circumstances perhaps it will show it; a certain party asked me to give him a paster ballot several days before election; he said he wished to have a paster ballot; when he came down to the electioh he was physically disabled; that was agreed to by both inspectors; he was blind; when he came in he turned aroulid and said, " Who will I take in with me ? " he did that perhaps for the purpose of finding out who was there; Eobert Eeynolds happened to have just voted at that time and was standing there, and he said, "Bob," as he called him, "you go in with me;" the man, being a Eepublican, had some little scruples about going in. • By Chairman Endres: Q. He didn't like the idea of going into the booth with a Demo- cratic elector? A. Yes; that's the idea; he didn't make any special demjirrer, but one of the inspectors sung out, "Tom, you want so-and-so to go in with you." By Mr. Wellington: Q. Who was " so-and-so ? " A. I didn't know him, but I judged he was a Democrat. , Chairman Endhes. — No; that won't do; you have got to testify to the facts. The Witness. — I ^on't know what the privileges are here, and I beg pardon if I have broken any of them; the inspector said, "Tom, take so-and-so;" there was nothing in particular said, but he didn't get the man he wished. Q. Who went in with him ? A. I don't know who the man was; I didn't know the man; knowing the fact that he wished to vote the paster ballot, I concluded he wanted Eobert Eeynolds, being a Eepub- lican, to go in with him. By Chairman Endbes : Q. That you call "electioneering?" A. Yes; I should think that was. By Mr. Wellington: Q. Did you see any electioneering done outside by Democrats? A. I was not outside; I stayed behind the rail; I was a watcher. 483 Cross-examination : By Mr. Eoohb: Q. Who went in with this man ? A. I don't know his name. Q. Did the man make any " special demurrer,'' as you call it, or a general demurrer, to this man going with him? A. No; special demurrer. Q. He took him in ? A. Yes, sir. Q. You don't know what ticket the man voted ? A. No, sir. Q. Do you know the Frank Oavanaugh who voted ? A. No, sir. Q. Do you know where he lives ? A. No, sir. Q. Was his name on the registry list ? A. Lincoln avenue. Q. Was his name on the registry list ? A. Frank Cavanaugh's name was; they claimed there was not more than one Frank Cavanaugh in one house; both inspectors agreed to it afterwards. Q. Didn't they take the ballot out of the box ? A. No, sir. Q. Were you there when it was counted ? A. Yes, sir. Q. They agreed to it, but didn't take it out ? A. Frank Cavanaugh wasn't the case that was voted on twice; they threw Cavanaugh out. Q. You left the inference a little while ago that it was the other way; you say it was the O'Neil case? A. Yes, sir. Q. Where did O'Neil live? A. Corner of Lincoln avenue and Francis street, I think. Q. He was the man you thought was Frank O'Neil? A. I didn't see him at all. Q. What you have been telling about him is what somebody else told you ? A. Well, his name was voted on. Q. You say you didn't see it, but it is what somebody else told you ? A. The fact that it was checked on the registry, and that both inspectors agreed that it had been voted on, was enough. Q. Did they take it out ? A . No, sir. Q. Both parties agreed to it, and yet they didn't take it out ? A. No, sir. ^ Q. Did the two Eepublican inspectors ask that it be taken out ? A. I don't know that they did. Q. You were a watcher ? A. Yes, sir. Q. Didn't you demand that it should be taken out? A. I think where a ticket once gets into the box, it was not legal to take it out; it was not noticed at the time; there was quite a commotion in the polling place at the time, and the Republican inspectors didn't notice that another man had voted upon Frank O'Neil's name; it was the ballot clerk that noticed it. Q. When did he notice it? A. After it was done. 484 ' Q. You didn't mean to say there was any willful or illegal act com- mitted by the inspectors and ballot clerks in reference to O'Neil at the time they received his ballot ? A. I don't know anything about the judgment upon those things. Q. After the circumstances you have stated are you prepared to say there was a willful and illegal act committed by the ballot clerks and inspectors in receiving this O'Neil ballot? A. I shouldn't think it was wrong; I should think a man had a right to vote even though a repeater had voted-upon his name. Q. Are you ready to say there were not two O'Neils in the district ? A. There were not two Frank O'Neils at one address. Q. Tou knew that yourself ? A. Yes, sir. Q. Nobody told you that ? A. I didn't need anybody to tell me. Q. Where did he live ? A. Lincoln avenue. Q. Were you ever in his house ? A. No, sir. Q. Were you present when the alleged bogus Frank O'Neil came to vote ? A. No, sir. Q. Was it when he came there that there was this commotion ? A. There was no commotion about the genuine O'Neil; we all knew him. Q. When was the commotion ? A. It was some other illegal voter. Q. Didn't you say it was over O'Neil ? A. No, sir. Q. It seems to be hard to get you down to anything definite; who was it over ? A. It was over some other repeater. Q. Do you recall who it was? A. No, sir; I don't know who it was. Q. Do you know what ticket this man voted ? A. No, sir. Q. Did you see him in the company of any Democrat ? A. No, sir. Q. Did you see him come to the polls in company with any Demo- crat ? A. No, sir. Q. Had you ever seen liim before? A. Frank O'Neil, or the repeater ? Q. The alleged bogus O'Neil; the first one? A. I told you a moment ago I wasn't in the polling place when he voted. Q. Have you seen him before or since ? A. I haven't seen him at all. By Chairman Endres: Q. You wouldn't know him if you saw him ? A. Not having seen him I wouldn't. By Mr. Eochb: Q. You might know him and not see him there on election day ? A. If I didn't know who the bogus Frank O'Neil was I wouldn't be able to tell. 485 By Mr. Wellington: Q. There was only one Prank O'Neil registered ? A. That is all. By Mr. Eoohe: - Q. Were you paid for your day's work? A. No, sir; I was not. Fbed S. Cote, sworn for the sitting member, testified as follows: By Mr. Wellington: Q. Where do you reside? A. Third district of the ninth ward, Troy.N.Y. Q. Were you present at the polling place at the last November election ? A. Tes, sir. Q. Did you see any electioneering done by Democrats inside the polling place ? A. Tes, sir. Q. State the names? A. Mr. William J. Myers handed a paster ballot to Dennis Quigley in the polling place. Q. Did you see Democratic workers inside the polling place during the day ? A. I saw him and others. Q. Did you see them solicit votes ? A. Well, only in that way — handing paster ballots to them. Q. Did you see any men inside the rail aside from the election officers? A. Yes, sir. Q. Who were they ? A. I believe one was a brother, as I under- stood, of a candidate who was rnnning for alderman. Q. Any one else ? A. This William J. Myers and Mr. Ealeigh. Q. Were they Democrats ? > A. Tes, sir. , Q. Did you see a police officer inside. the rail? A. Tes, sir; Officer Eobert Stapletcin. Q. Is he a Democrat? A. Tes, sir. Q. What was he doing in there ? A. I don't know what his object was in being in there; I told him he had no right in there; he said he had and he would not go out. Q. What took place ? A. Well, in relation to this Kiley, I asked him if he wanted to vote: he said he didn't vote in our district; he was inside the irail at the time; I ordered him out; I told him to go outside the rail. Q. What were you there? A. Inspector; he wouldn't go out; I called upon Officer Stapleton to put him out; he refused to do so. Q. What did he say ? A. I called upon him and he didn't gite any answer; I tried to put the fellow out myself; there wouldn't any one else put him out; Officer Stapleton took me by the coat collar and took a billy out of his pocket and held it over my head and told me to keep quiet. 486 Q. Did he say anything else ? A. He was going to whip me; probably he would if it hadn't been for other people interfering. Q. Others did interfere ? A. Yes, sir. Q. Were you threatened at any other time during the day ? A. Yes, sir; I was threatened three or four times. Q. By whom ? A. Officer Staple bon and Officer Ryan. Q. Is Ryan a Democrat ? A. Yes, sir. Q. What did they say to you ? A. Well, that is what they said, for me to keep quite. Q. At the time they threatened you, what had you done ; anything unlawful? A. No, sir. Q. When did they first threaten you ? A. When I tried to put Riley out. Q. That is the first time they threatened you ? A. Yes, sir. Q. Did they threaten you after that ? A. Yes, sir. Q. For what ? A. A party came in and said he wanted to vote and his name was not on the registry books. Q. Do you remember who it was ? A. Willi. Q. Was he a genuine voter, or a repeater ? A. I couldn't tell you Q. What took place ? A. We looked to see if his name was regis- tered and it was not; I told him he couldn't vote as his name was not on the books; he said he would vote there; we told him he couldn't, and that he had better get out and not interfere with voters; he was detaining voters; he said he would not go out; I called again upon the officers to put him out and they refused; I tried to put him out again myself and the officers pounced on me again. Q. Did they strike you ? A. No, sir. Q. Was the man put out finally ? A. I don't know whether he was put out; he didn't interfere any more. Q. Did that make a rumpus in there ? A. Yes, sir. Q. For how long ? A. Three to five minutes. Q. Any voting going on during that time? A. Not to my knowledge. By Mr. Roche: Q. Did that man vote ? A. No, sir. By Mr. Wellington: Q. You have a poll-list that was kept at that election ? A. Yes, sir. Q. In which various matters are stated ? A. Yes, sir. Q. I wish you would refer to it; have you a list of persons who presented themselves as electors upon that day who were not entitled 487 to vote; were those cases checked upon this book you have ? A. No, sir; I don't believe they were, excepl that of Willi; he is the only one that came in that was not entitled to vote; that is, that was not registered. Q. Were there any cases of men voting there who did not reside in the district ? A. I don't know. Q. What does this record contain? A. I have here the name of "Denis Quigley, Bedford 128, paster ballot handed to Quigley by William J. Myers, 7.42 o'clock." Q. In this polling place ? A. Yes, sir. Q. Was Myers a Demociat? A. Yes, sir; he was a candidate for office. By Chairman Endres: Q. Did you make that memorandum? A. No, sir; the clerk made it. Q. What clerk? A. The poll clerk. Mr. RooHE. — I object to'it then. I understood he kept it. By Mr. Wellington: Q. Can you, by refreshing your recollection in reference to this memorandum, state from your own memory what took place in relation to Quigley and Myers? A. Yes; I saw it myself. Q. Are there other instances in there? A. No, sir; but I can relate instances of Officer Ryan handing a paster ballot inside the polling place to a gentleman whose name I don't know; I saw Mr. Myers and Officer Stapleton had paster ballots in their hands several times during the day inside the polling place. Q. Is there anything else in that record that you have besides ref- erence to electioneering; what about people who claimed to be physically disabled ? A.- There were such instances. Q. How many men claimed to be physically disabled, who were assisted ? A. To the best of my knowledge I should say a quarter of the voters. By Chairman Endres: Q. How many votes were there polled in the district ? A. I don't know; I don't remember exactly; I believe 329 or something like that. By Mr. Wellington: Q. One-quarter of them claimed to be physically disabled*? A. Yes, sir. 488 By Chairman Endkes: Q. About eighty voters j as many as that? A. Yes, sir; to the best of my knowledge. By Mr. Wellington: Q. Was a minute kept of each instance? A. No; not of each instance. Q. Was it generally kept, quite generally ? A. Yes, sir. Q. By whom? A.' By the poll clerk. Q. Who was the poll clerk that made this list ? A. George Weston. Q. Is he in Troy ? A. Yes, sir. Q. Who were the men assisted by who claimed to be physically disabled ? A. By Myers, Mr. Riley and Mr. Purcell. Q. Were any of them assisted by Eepublicans ? A. I believe there were three or four. Q. All the rest were assisted by democrats ? A. Yes, sir. Gross-examination : By Mr. Eoohe: • Q. Do you know that a minute was not entered on the poll books of each case of physical disability ? A. Yes, sir. Q. What is your knowledge about it, that it was or was not ? A. There was a minute taken of most of them. Q. Are you ready to say they were not all taken ? A. Yes, sir. Q. Who were the poll clerks ? A. Mr. Weston, Mr. Tunnard and Mr. Toole; I don't remember the other man's name. Q. How many of them were Eepublicans 1 A. Two. Q. Do you say they didn't take a minute of all the physical disabled voters ? A. I don't suppose they did. Q. I asked for your knowledge ? No. Q. You say they didn't ? Yes, sir. Q. How do you know that ? A. When those parties came in and they were challenged for claiming they were physically disabled, some of the cases we four of us would allow; and there were no minutes taken in those cases. Q. In the cases in which the board agreed there were no minutes taken ? A. I don't believe there was. Q. How many cases did you agree upon ? A. I can't tell. Q. Do you know of any law that requires you to agree or disagree in regard to the disability of a voter who swears he is disabled? A. Yes, sir. 489 Q. What law is it that substitutes your whim or notion about it rather than the oath of the voter; do yoii know of any law that allows you to be the judges ? A. No, sir. Q. Where is this polling place? A. Monroe street; southeast corner of the alley between Third and Fourth. Q. What time in the morning was it you saw a ballot handed to Quigley ? A. Seven forty-two. Q. Was he an old man ? A. I believe I re^d the age, didn't I ? Q. What is his age ? A. Forty-fourl Q. Was he physically disabled 1 A. He didn't claim he was. Q. Did he asked for this ballot 1 A. t didn't hear him. By Chairman Ekdees: Q. What papers are you looking at 1 A. It is the list I have. Q. Where did you get the list from ? A. One of the lists used elec- tion day. Q. Where did you get it from? A. From the polling place. By Mr. Eoohe: Q. How did he come to get this ballot ? A. Myers handed it to him. Q. Will you say he didn't ask for it ? A. I didn't hear him; I will not say he didn't. Q. Had he received his official ballots at that time ? A. Yes, sir. Q. Had he been inside the booth? A. No, sir. Q. He was on his way to the booth ? A. Yes, sir. Q. Do you know what his politics is 1 A. No, sir. Q. Is he ordinarily a Democrat ? A. Yes, sir. Q. Do you know what ticket he voted ? A. I don't. Q. Now, you had a dispute with the officers, and you claimed that they had no right in the polling place ? A. I claimed they had no right inside the rail unless called upon to keep peace. Q. Did they claim they had ? A. No. Q. What did they say upon that subject ? A. I asked them if they wouldn't go out; I told them they had no right — they didn't give any answer. , / Q. Do you know the election law in our city makes it the duty of the police commissioners to assign one policeman to each polling place? A. Yes, sir. Q. It is customary for th« police officers to be inside ? A. Inside the railing ? Q. Inside and outside ? A. I don't know. Q. Anyway, Stapleton and'Eyan didn't agree with you? A. No, sir; they didn't. 62 490 Q. Several times during the day they told you to keep quiet ? A. ¥es, sir. Q. Who was your associate ? A. Mr. Chevalier was my Kepublican associate. Q. Did they tell him to keep quiet ? A. I don't suppose he interfered. Q. Who was the Eepublican ballot clerk ? A. Henry J. Cote. Q. Tour brother ? A. Yes, sir. Q. There were two Eepublican poll clerks ? A. Yes, sir. Q. Did the officers and your brother Henry and the Eepublican poll clerks, and Chevalier, have any words or dispute ? A. No, sir; I didn't hear any. Q. The officers didn't tell them to keep quiet, that you know of? A, I believe Officer Eyan told my brother to keep quiet. Q. You were pretty noisy, weren't you? A. I don't think I was. Q. You were in a constant dispute that morning with the election officers ? A. In some cases. Q. Weren't you in quite a number of cases ? A. I don't know the number. Q. You set up the claim in regard to every man who alleged he was physically disabled to pass upon that yourself ? A. Yes, sir. Q. That is how you came to be in a dispute with your associates and with the police officers ? A. No, sir. Q. What was it then ? A. It was in relation to Mr. Eiley coming inside of the rail. Q. Where was Eiley from ? A. I don't know. Q. What is his first name ? A. I don't know. Q. Where did he live ? A. I don't know. Q. What claim did he make as to his right to be there ? A. He didn't make any. Q. What kind of a looking fellow is he ? A. About my height. Q. Did he vote ? A. No, siV Q. Did any one know him ? A. I believe so. Q. Who knew him ? A. I don't know. Q. What makes you think somebody knew him ? A. Because he had the conversation with Mr. Eiley. Q. All that you saw Myers do was to give the paster ballot to this man? A. Yes, he handed one to this man and he handed one to another in the afternoon. Q. Was any voter interfered with in voting at that election. A. No, sir. Q. Every man that ha^ a right to vote apparently, was allowed to vote ? A. Yes, sir. 491 Q. It is a strong Democratic district 1 A. Yes, sir. Q. Was there considerable strife over the ward officers ? A. No, sir. Q. Had you drank anything that day ? A. No, sir. Q. Not at all ? A. No, sir; not any intoxicating drinks. Chairman Endbbs. — I think we will adjourn these proceedings to Wednesday evening, and the witnesses who were subpoenaed to be here to-day will be present at that time, at half-past 7 o'clock. By Mr. Eoohb: Q. Tqu said you believed one of these men inside the rail was a brother of the man who was running for alderman; who was it? A. Eiley. What was his first name ? A. I don't know. Q. How long was he inside ? A. He was in there between five and . ten minutes. Q. Did he interfere with any one? A. Tes, sir; I asked voters questions and he told the voters not to answer the questions. Q. What were the questions ? A. I asked the voters where they lived and in whose house. Q. Tfou had all tljat down onthe book, hadn't you ? A. I believe so_ Q. And had any of these people you asked those questions of while Eiley's brother was in there been marked for challenge? A. This one case; this man was challenged and I asked him these questions. Q. Are you able to state any other case but that one ? A. No, sir; I will say that — Mr. Roche. — You have answered my question; I don't want your explanation or opinion. By Mr. Wellington: Q. What were you going to say ? A. I would like to say that a man named William H. Smith — I have a minute of it here — after he got his ballots it was pne-half hour before he voted. By Mr. Boohe: Q. He was in the booth half an hour? A. Yes, sir; that is, he went in and came out and went back again. Q.J Let me see that paper you have been looking at; what is this [indicating] memorandum, and whose handwriting is it in ? A. It is in Mr. Weston's handwriting, the poll clerk. Q. He gave it to you ? A. Yes, sir. 492 Q. Has he been subpoenaed here ? ^. I don't believe he has. Q. Let me see the book you have; whose handwriting is this ? A. George Weston's. Q. Is this an official book ? A. I don't believe it is. The committee then adjourned. Albamt, N. Y., March 9, 1892—7.30 p. m. The committee met pursuant to adjournment. Present — Chairman Boesch, Senators Endres and Emerson. Chairman Roesoh. — Call your witnesses, gentlemen. Fred. H. Merehl, sworn for the sitting member, testified as follows: By Mr. Ingalsby: Q. Where do you reside ? A. North Easton, Washington county. Q. During the years 1890 and 1891, and for many years previous, what official position did you hold in that town ? A. I was town clerk. Q. In August, 1890, as town clerk did you write a letter to the Attorney-General relative to the eligibility of Jackson'a hotel as a polling place ? Mr. EocHE. — I object to it as immaterial. It has no bearing what- ever upon any issue involved in this proceeding. Chairman Roesch. — Objection sustained. It is beyond the time that the ballot reform law was in existence. The election was in 1891. Mr. Ingalsbv. — The place was fixed upon in that year (1890) and the following year. Mr. EooHE. — Suppose it to be true, and that the Attorney-General advised as stated, we have no proof whatever of the facts which were laid before the Attorney General, and if the Attorney-General advised t^at it could be done and he was mistaken in his opinion, it does not' help these gentleinen. The Attorney- General does not make the law. Mr. Ingaisby. — We understand that very well, but we wish to offer the letter of this gentleman to the Attorney-General and the Attor- ney-General's reply. This man acted in his official capacity under directions in that letter contained. Mr. RooHK — The ■ law imposes upon certain local officers the duty of designating ce|:tain polling places, and the law is plain as to what 493 • places can be designated. They can not fail to discharge their official duties, or discharge them in an illegal and improper manner, by basing their action upon any opinion of the Attorney-General.: He is not the lawrmaking power. Mr. Ingalsbx. — Local officers throughout the State look to him for directions in such matters as these. Chairman Boebch. — I do not think it is material, as it goes back to 1890. Mr. Wellington. — It would be most unfair if the Attorney-General had given it as his opinion that this was a proper place in which to hold this election, if these men, acting under his advice, had designated — Chairman Koesch (interrupting). — I dbn't think this is material. This letter was written in 1890, and the election in question took place in 1891. Mr. Wellington. — It was after this other law had — Chairman Eoesoh (interrupting) — That is true, bat this letter was written in 1890, and the Attorney-General may Jiave changed his opinion between 1890 and 1891. ' Mr. Wellington. — It was a suitable place, anyway. Mr. EocHE. — That may be, but you can't make it suitable or legal merely by the opinion of the Attorney-General. Chairman Eoesoh. — The objection is sustained. Mr. Ingalsby. — I called this gentleman out of order that I might accommodate the Deputy Attorney-General. Under the ruling the Deputy Attorney-General may not remain. Charles C. Allen, sworn for the sitting member, testified : Examined by Mr. Ingalsby : Q. Where do you reside ? A. Town of Easton. Q. What official position do you hold in the town ? A. Town clerk. Q. Have you with you the registry books of tlie town for the election in November, 1891 ? A. Yes, sir. Q. Will you produce the same ? A. Yes. [Prdducing same.] Q. How many election districts are there in your town? A. Two Mr. Ingalsby. — We offer them in evidence. Mr. EooHE. — What is the purpose; what are they for ? Mr. Ingalsby. — Eor the purpose of contradicting your evidence in regard to a man named Thomas Sullivan. Mr. EocHE. — What was the evidence ? Mr. Ingalsby.— Your case shows that he was driven away from the poUs by Eepublicans, and we propose to show that there was no such 494 man in Easton to be driven away, if we can, as I understood your evidence. Mr. EocHB. — What are those books ? Mr. Ikgalsbi. — Eegistry books. Mr. Wellington. — No such man is registered. Mr. Whitman. — This is the present town clerk ? Mr. Ingalsby. — He is the present town clerk. Chairman Eoesoh. — Any objection to their going in ? By Mr. Roche: Q. How many districts were there ? A. Two. Q. There was a book for each district ? A. Two for each of them. Q. Have you the four books here ? A. No, sir; I have only two here. Q. Where are the others ? A. They are at home. Q. In whose possession ? A. They are in the safe. Q. What safe ? A. Town clerk's safe. Q. Why didn't you bring them ? A. There was no use bringing them; they were just the same as these. Q. Were you subpcsnaed to bring them all ? A. I was subpoenaed to bring all documents I had in my possession. Q. Which two did you pick out from the four ? A. Those which were the best written; Mr. Wellington. — They are competent. It doesn't make any differ- ence what else there may be there, if these are ofiScial they are com- petent evidence. Mr. Eoche. — If so, then the others are. It is very singular that he should not have produced them all. Q. What were you asked to examine these books for ? Mr. Ingalsby. — He has not been asked to examine them for any purpose yet. Mr. EocHE. — Before you get them in evidence we have the right to examine as to those books. Q. What were you asked to examine them for ? A. I wasn't asked to examine them. Q. Who spoke to you about bringing them ? Mr. Wellington. — I object as not being directed to the com- petency of the books at all. If these are official books they are com- petent evidence. I submit that the cross-examination ought not to proceed until we have exhausted the witness ourselves. Mr. EooHE.— You may go on and exhaust him, but you are not going to get those books in evidence just now. 495 Mr. Wellington.— That is for the chainsaan to say. Ohairman Boesoh. — Go on and examine the witness. Mr. Inqalsby. — We offer the books before we examine him any further. Mr. Roche. — Before they are received in evidence we want to ask him about them. By Mr. Inoalsby: Q. Have you the poll books for the last election ? A. I have one poll book of each election district. Q. Will you produce them ? A. Yes, sir. [ Producing same.] Mr. Ingalsby. — They are offered in evidence. Mr. Eoche. — 'For what purpose ? , Mr. Ingalsby. — To show the names ^of those persons assisted in district No. 1, the person assisting, and his politics. Mr. EooHE. — Haven't those all been testified to by any witness from Easton ? Mr. Ingalsby.* — Some of them have been testified to by witnesses upon your side. Mr. EooHE. — Then I want to see those books. Mr. Ingalsby. — I wish to examine him as to the books afterwards. Mr. Roche. — I suggest you complete your examination before the books are received in evidence. Chairman Roesch. — Which books ? Mr. Roche. — Both of them. By. Mr. Ingalsby: •< Q. Do you know Thomas Sullivan, of your county ? A. No, sir. Q. What are your politics ? A. Democratic. Mr. Ingalsby. — I have examined the witness so far as I wish to until the books are in evidence, after which I wish to examine him further. By Mr. Ingalsby: Q. These registry books are signed by the inspectors, they are the official books? A. Tes, sir. Q. And th^ poll-lists also?" A. Yes, sir. , By Chairman Roesoh: Q. Filed in your office ? A. Yes, sir. By Mr. Roche: * Q. What was the political complexion of the board of registry and board of inspectors in each of these districts ? A. Republican. 496 Q. Did you know this Thomas Sullivan ? A. No, sir. Q. Do you know whether he voted ? A. I don't think he did. Mr. Ingalsby. — I submit the books are the better evidence of that. Mr. EooHE. — What did he vote f A. I am willing to take your statement about it. Mr. Ingalsby. — He didn't vote at all. There is no such man in Easton. That is the truth about Thomas Sullivan. Mr. Whitman. — What is the point you make about him ? Mr. Ingaisby. — It is to contradict certain evidence of yours in regard to him. Mr. Whitman. — Given by Barber ? Mr. Ingalsby. — No, sir; one of the witnesses in the lower district. Mr. EooHE. — Is that the only purpose ? Chairman Roesch. — It affects one vote so far as the registry books are concerned ? Mr. Ingalsby. — That is all I wish to introduce the evidence for.^ Mr. Roche. — We have no objection then. Chairman Roesch. — The stenographer will mark them. [Same marked, respectively, "No. 1, 2, 3," and "No. 4, S. C. E."] By Mr. Ingalsby: Q. Will you take the registry books and look for the name of Thomas Sullivan ? A. I find no such name in either of them. Q. You have examined both the registry books ? A. Tes, sir. Q. Will you take the poll book in registry No. 1, and take the men who swore they were physically disabled, the name of the person who went into the booth with each of them, and the politics of each of those assistants ? A. Their politics are not down on the book. Q. You can give it from your knowledge? A. "Jerry Sullivan, duly sworn, physically disabled, Thomas Plynn, assistant." Q. Do you know Flynn's politics? A. I should judge he was a Democrat. Chairman Roesoh. — No, not what you " judge " — what you know. Q. What is Sullivan's first name ? A. Jerry. Q. What is the name of the second person that was assisted ? A. William Golden, assisted by James Hill. Q. Do you know his politics? A. It is hard work telling what the politics of a man is in the town of Easton. Q. What is the name of the second man that was helped? A. William Golden. Q. What is his politics ? A. It is hard work to tell a man's politics in Easton. 497 Q. What is the name of the third man? A. Patrick Fortune; he was assisted by George Tilton. Q. Do you know Tilton's politics ? A. Democratic. By Chairman Koesoh: Q. You are positive of his politics ? A. Yes, sir. By Mr. Ingalbbt: Q. What is the next name? A. Washington Grates, assisted by Augustus Gorham. Q. What is his politics if you know ? A. Eepublican. Q. What is the next name ? A. William Gillespie, assisted by Thomas Maher. Q. What is his politics ? A. Democratic. Q. What is the next name ? A. John Lewis, assisted by James Hill. Q. Do you know Hill's politics ? A. He is a Republican. Q. What is the next man ? A. Valentine Fryer, assisted by Augustus Gorham. Q. He is a Republican ? A. Yes, sir. Q. What is the next name? A. Timothy Donovan, assisted by William Carr. Q. What was his politics? A. I should judge he was a Democrat. Q. What is the next name? A. William Martin, assisted by Leonard Lockwood. Q. What is his politics ? A. Prohibitionist. Q. What is the next name ? A. WUliam Murray, assisted by George Tilton. Q. What is his politics ? A. He is a Democrat. Q. Who is the next man ? A. There is no more. By Mr. Roche: Q. Is there a man named O'SuUivan upon that registry list ? A. What district. ' Q. I don't know; is there a Thomas O'SuUivan, or any other O'SuUivan ? A. I find no O'SuUivan; there is Hugh and Mark SuUivan. Q. Both registered? A. Yes, sir; Timothy Sullivan and Jeremiah Sullivan. \ Q. Did they vote ? A. Jerry Sullivan and Mark Sullivan voted. Mr. WE^/iJsrGTOii. — I would suggest that the witness be permitted to stand aside until he has completed his examination. Chairman Roesoh. — He is about through now. The Witness. — Hugh Sullivan voted. 63 498 Patbiok Harbison, sworn for the sitting member, testified as follows : By Mr. Wellington. Q. Where do you reside ? A. Hoosick Falls. Q. What district ? A. I live in the fifth now. Q. Where did you live the last November election ? A. In the fifth. Q. Did you vote in the fifth ? A. No, sir. Q. Did you vote at all? A. No, sir; I didn't have any. Q. You didn't have any residence? A. Tes, sir; I did. ' Q. You had lived in the eighth? A. Yes, sir; I lived in the eighth and moved into the fifth, and I lost my vote and I didn't offer any. Q. You were not registered ? A. I guess I was, but I didn't vote. Q. Do you know Elmer E. Barnes? A. Yes, sir; by sight. Q. He says that on election day you came to him and wanted money to vote ? A.~ No, sir. Q. Is that true ? A. No, sir. Q. He says that you were approached by Eepublicans and kept away from the polls; is that true? A. No, sir. Q. You were about the poll that day? A. Yes; I was around the village all day; "ho one asked me to keep away from the polls. Q. Do you know what the reputation of Mr. Barnes is in Hoosick Falls? A. No, sir; I am not much acquainted with the man. Q. You had dealings with him once ? A. No, sir. Q. Did he once have a law-suit in which you were interested ? A. No, sir. By Chairman Boesoh : Q. What are your politics? A. Democrat. Gross-examination : By Mr. Eoche: Q. When did you move into the fifth district? A. Fifteenth of October, 1891. Q. How did you come to be on the registry? Mr. Wellington. — He doesn't know. The names were copied. Mr. EocHE.— How could they be copied if he lived in the eighth the year before ? Mr. Wellington. — They put them on without being copied. Q. How did you come to be registered in that district ? A. I don't know. Q. Did you appear before the board of registration ? A. No, sir. Q.;^Did you talk with Barnes at all that day ? A. No, sir. 499 Q. Did you talk with any one around the polling place? A. No, sir; not in regard to politics. Q. On what subject did you talk around the polling place, and with whom? A. I wasn't around the polls; I didn't go around there because I didn't have any vote. ' Q. Were you there at all on election day? A. Not inside the building. Q. Were you on the street in the neighborhood of the btiilding ? A. Yes, sir. Q. How near to it? A. Probably within a couple of rods. Q. What were you there for ? A. Because I wasn't doing anything; I was walking around. Q. Did any Democrat or Republican talk with you ? A- No, sir. Q. And you didn't vote? A. No, sir; I didn't offer any because I did'nt have any vote; I defy this man Barnes to come up and say I asked him for money. Daniel SnAUGHNESsy, sworn for the sitting member, testified as follows: By Mr. Wellingi^On: Q. Where do you reside ? A. Hoosick Falls. Q. Which district? A. Eighth. Q. You lived there last November ? A. Yes, sir. Q. Do you know how many Shaughnessys live in that district ? A. I am the only one. Q. Mr. Barnes said there were six or eight; is that correct ? A. Well, not voters, I guess. Q. Do you know Mr. Barnes ? A. I am not acquainted with him ; I know who he is; I never spoke to him. Q. He swears that Mr. Shaughnessy last November on election day came to him and asked him for money; did you go to him and ask him for money ? A. No, sir. Q. He says this Shaughnessy was then approached by Eepublicans and kept away ffom the polls; is that true in your case? A. No, sir. Gross-examination : By Mr. Roche: Q. Did you talk with Barnes that day? A. No, sir; I never spoke to him in my life ; I am not acquainted with him. Q. Is there any other Shaughnessy on the list except yourself ? A. Not in that district. 500 Q. Have you examined the list ? A. No, sir; but I know there is no other Shaughnessy in the village only my brother, and he is in another district. ' Q. There are only two Shaughnessys in that village? A. Yes, sir; I know that to be a fact. ' Q. What are your politics ? A. I am a Democrat. James T. Shaughnessy, sworn for the sitting member, testified as follows : ^ By Mr Wellington: Q. You are a brother of the last witness ? A. Yes, sir. Q. You live in Hoosick Falls? A. Yes, sir. Q. What district? A. Seventh. Q. Did you live in that district last fall ? A. Yes, sir. Q. Last fall on election day did you have any talk with Elmer E. Barnes ? A. No, sir. Q. Did you go to him and ask him for any money ? A. No, sir. Q. Did Republicans approach you and keep you away from the polls? A. No, sir. Q. Did you vote ? A. Yes, sir. Q. Do you know whether there are any other Shaughnessys besides Daniel, your brother, and yourself in Hoosick Falls who are voters ? A. I don't believe there is; I am pretty sure there is noi Q. Do you know whether there are as many as six other Shaugh- nessys in Hoosick Falls who are voters ? A. There are not. Q. What are your politics ? A. Democrat. By Mr. Eoohe: Q. How many voters are there in Hoosick Falls I A. I don't know. y. Something like 1,800 ? A. Eighteen hundred or 2,000. Q. Do you know them all ? A. I know part of them, not all of them. By Chairman Eoeboh: Q. How old are you ? A. I am 21 ; I will be 22 in May of this year. Q. llhat was your first vote? A. Yes, sir. Mark Brbnnand, sworn for the sitting member, testified as follows: By Mr. Wellington: Q. Where do you reside ? A. Hoosick Falls. Q. What district? A. Third. Q. What district did you live in last November ? A. I have lived there always since I came in Hoosick Falls. 501 Q. Is there any other Brenuand in Hoosick Falls of your name ? A. No, sir; not a man in Hoosick Falls by the name of " Mark." Q. Do you know Elmer E. Barnes ? A. Yes, sir. Q. Did 'you on election day in November go to him and ask him for money? A. No, sir. Q. On last election day did Eepublicans approach you and keep you away from the polls ? A. No, sir. Q. What are your politics ? A. I am a Democrat. Q. Do you know what reputation Mr. Barnes has in Hoosick Falls from the speech of the people ? A. Yes, I have heard something of late; never a great deal before. Q. From the speech of the people, what is his reputation in the community where he lives ? A. He is not well liked; they don't like him. Q. I don't ask whether he is "liked " or not, but what is his gen- eral reputation for truth and veracity ? A. It is poor. Gross-examination : By Mr. Roohe : Q. Who have you heard talk about him ? A. I was talking with a friend of mine by the name of John Miller. Q. When ? A. Last night. Q. Who did you hear talk about him before ? A. And the lawyer, McOarty. Q. When did you hear him talk about him ? A. Yesterday. Q. Who else ? A. Those are the only men that I have heard say. Q. Do you think they constitute the people of Hoosick Falls ? A. I don't know as to that. Q. You said you knew what his reputation was from the speech of the people ? Mr. Wellington. — It was not from the speech of all the people. Q. " People " means two in the plural ? Mr. EooHE. — It was "the three tailors of Tooley street," London, who thought they were the people. The Witness. — It takes nine tailors to make a man. Q. What is your occupation ? A. I am a molder. Q. Where do you work ? A. At the malleable works. Q. What are your politics ? A. Democrat. Q. What do the people say about Barnes? A. They say his word isn't worth anything. Q. Did they ever have any dealings with him ? A. I didn't ask them as to that. 502 Q. Did you ever have ? A Not further than having^^him make out some papers and being svforn as to rent. Q. When was that ?■ A. [Producing same.] Here is the paper he made out for^me that I swore to in his ofl&ce ? Q. When was that? A. The paper will tell; I don't remember now. Q. You had confidence in him then ? A. I had no reason to have other than confidence in him in that line. Q. Hare you any reason not to have confidence in him now ? A. Yes, sir; and I will show you in about a minute why. Chairman Eoesch. — This witness has " documentary evidence." The Witness.— I took up a paper while I was in the office, and on the first column I find that he said that I went to him for money. Q. What paper is that? Chairman Eoesch. — It is the Morning Telegram, of Troy, in which the testimony which Mr. Barnes gave here appears. Q. Up to the time you read this you thought he was a pretty good fellow? A. I had no reason to think anything different. Q. You kind of took a little against him when you read that in the paper ? A. I had reason to because he lied about me. Q. You felt sore about it ? A. I ought to. Q. Have you heard any of this talk against him before last Tuesday's or Wednesday's election ? A. No, sir. Q. Up to the hot fight you had last Tuesday he was, from the speech of people, a pretty fair and honorable man in the community, wasn't he — so considered ? A. I couldn't say anything to the contrary. Q. I suppose you voted against him last Tuesday 7 A. No, sir. Q. Did you vote at all ? A. Yes, sir. Q. Did you vote for him ? A. Yes, sir. Q. Even after what you read in the paper? A. This 'ere wasn't in the paper then. Chairman Eoesch.^ This document; is merely the usual affidavit attached to a claim. Mr. Wellington. — Verification of an account ? Chairman Eoesoh. — Yes, sir. Q. Did you vote last fall ? A. No, sir. Q. Were you near the polls at all ? A. I was not. Q. Did you talk with any one ? A. Mr. Tuttle and I the night before election — Q. (Interrupting.) Didn't you talk with anybody about voting? A. Yes; I talked with Mr. Tuttle who wanted a back-house building built, and he said, " It is the only time we have got to build this back-house, and I want you to help me." ^ 503 By Chairman Roesoh: Q. You weren't around the polls election day ? A. No, sir. Chairman Eoesch. — Never mind about the other story. The WiTNBss. — Well, it is important. Chairman Roesch. — I don't think so. Mr. WELLiNaTON. — What are your politics? Chairman Robsoh. — He says he is a Democrat. John Kelly, sworn for the sitting member, testified as follows: By Mr. Wellington: Q. Where do you reside ? A. Hoosick Falls. Q. What district? A. Eighth. Q. Did you reside there last November ? A. Yes, sir. Q. Is there any other John Kelly in that district ? A. Not that I know of. Q. Did you ever hear of any other ? A. No, sir. Q. How long have you lived there ? A. Twenty-five years or more. Q. Do you know Elmer E. Barnes ? A. I know of him. Q. He swears that on election day in November last you went to him and asked him for money; is that so ? , Mr. Roche. — I don't know that he swears that he did. Mr. Wellington. — He swears that — Mr. Roche. — That is not a fair statement of what he said. Mr. Wellington. — I will put it in one question if you prefer. Mr. Roche. — I object to your using the word "you " as though this were the identical man he swore about. Q. Mr. Barnes swore that John Kelly on election day in November last went to him and asked him for money; did you go to him last November on election day and ask him for money ? A. I never spoke to him in my life. Q. He also swears that John Kelly was approached by Republicans and kept away from the polls; were you approached by Republicans and kept away from the polls? A. No, sir; I was approached by nobody. y Q. What is your politics? A. I am a Democrat all the time. Mr. Roche. — No questions. John Kieby, sworn for the sitting member, testified as follows : By Mr. Wellington: Q. Where do you reside ? A. Hoosick Falls. Q. In what district ? A. Fourth ward. 504 Q. Eighth district? A. It must be. Q. Did you live in that same districi last November ? A. Yes, sir. Q. What are your politics ? A. I was always a Democrat, but I don't think I will be any more. Q. Is there any other John Kirby in that election district ? A. Tes ; I have got a son 10 years old. Q. Is there any other John Kirby in the district who was a voter in that district last November ? A. No, sir. Q. Do you know Elmer E. Barnes ? A. Well, I am slightly acquainted with him in passing by. Q. He swears that on election day in November last you went to him and asked him for money; is that true? A. It is false; I didn't see him at all. Q. He swears that you were then approached by Bepublicans and kept avvay from the polls ? Mr. EocHE. — I don't find any such thing in his testimony, and I have got it here. Mr. Wellington. — I can find it. I remember it very distinctly. Mr. Roche. — I have the testimony here, and I don't suppose you have anything different from what we have. Mr. Wellington. — He does not give the first name. He speaks of two Kirby s. Q. How many Kirbys are there in that district who are voters ? A. I have four sons; there are two in Hoosick and one in Utica working on the TJtica Herald. Q. How many Kirbys in November last lived in the eighth district of Hoosick Falls and voted there? A. Only one. Q. You are the one? A. No, sir; for I didn't vote at all. Q. Who is the other Kirby ? A. My son. Q. How old is he ? A. Twenty-nine the fifteenth of next April. Q. Is he subpoenaed? A. No, sir; I have another son who is sub- poepaed and was in Vermcnt at the time. Q. I want the two Kirbys who were last November voters in the eighth district ? A. I was one. By Chairman Roesch: Q. Which of your sons ? A. His first name is William James; he and myself were the only voters by the name of Kirby in that election district last fall. Q. Did your sou William vote ? A. Yes, sir. 505 By Mr. Wellington: Q. Were you on election day last November approached by any Eepublioans and kept away from the polls? A. No, sir; they are two great gentlemen to ask me to do it. Q. Do you know what Elmer E. Barnes' reputation is from the speech of people? A. No, sir; I don't know. Oross-examination : By Mr. Eoche: Q. Are there any other Kirbys living in Hoosick Falls ? A. Not that I know of, and I am there about thirty-eight years. Q. Are you prepared to say there is no other of that name among' the 1,700 or 1,800 voters in Hoosick ? A. I think there is not, for if there was I should think I would know it; they would come to see me if there was, thinking we were related or something, I being an old* resident. By Chairman Boesch: Q. Is your son a Democrat? A. I don't know what he is; well, I will tell you; I had a little engagement to do a job; and I am a mason by trade, and I had to go and do it; I was bound to do it, and I took no interest in election. Q. Where was it and for whom ? A. Burt Ball, at Ballsville; it is on the road to Nortl:| Hoosick Q. How -far from your polling place ? A.. Well, now I don't know that it is quite half a mile. Q. Did you go there in the morning? A. Yes, sir; I went there to work at 7 o'clock. Q. How near did you live to the polling place ? A. I won't lie to you; I never measured it. Q. About how near ? A. I couldn't say. Q. Fifty feet? A. Tes; and fifty rods. Q. Was the polling place on the way to Ball's ? A. No, sir. Q. When did you commence to work at Ball's ? A. That day. Q. Had you been there the day before? A. Yes, sir; I started the job the day before. Q. When had you been spoken to about going to work there ? A. I kept no track of the time. Q. When did you finish the job ? A. That day. Q. What time ? A. Quarter of 6 o'clock; I know that very well. 64 506 Q. Did you have your dinner? A.. Yes; I come home to my dinner. Q. How long were you home to dinner? A. I don't know; I was back again at 1 o'clock. Q. You didn't go near the polls at all ? A. No, sir. Q. You had an opportunity to ? A. Yes; but I paid no attention to it. Q. You knew it was election day ? A. Yes, sir. Q. You had been accustomed to vote? A. Yes, sir; I always, but I didn't vote that day; I don't know why I didn't, but I didn't; I didn't go near the polls. Q. Did anybody ask you not to vote ? A. No, sir. Q. You say you have been a Democrat? A. Yes, sir; I always was. Q. From conviction? A. Right through, since Lincoln; since 1861. Chairman Roesoh. — I don't think you need go into that. Q. You have changed; have you? A. I think I will for the future. Q. What is the cause of your change ? A. Putting me to the trouble of coming down here for nothing. Q. You change your political principles and conviction as easily as that ? A. Yes, sir; I do it; it makes me mad. Q. What made you " mad " on election day ? A. I paid no attention \to it at all. David H. Kirbt, sworn for the sitting member, testified as follows: \ By Mr. Wellington: t*. Where do you reside ? A. Hoosick Falls. 4 What district? A. Eighth. Q.\Did you live there last November? A. No, sir. Q, Where were you? A. Vermont. Q. Were you in Vermont on election day ? A. Yes, sir. Q. The whole day? A. Yes, sir. Q. You didn't see Mr. Barnes on election day 1 A. No, sir. Q. How long have you lived in that district? A. About eighteen years. Q. Do you know how many men by the name of Kirby lived in the election district last November who were voters? A. No; I don't know. Q. Do you know of any besides your father and brother? A. No, sir. Q. Did you ever hear of any others ? A. No, sir. Mr. RooHE. — We have no questions. 507 William Cbonan, sworn for sitting member, testified as follows: By Mr. Wellington: Q. Where do you reside ? A. Hoosick Falls; eighth district. Q. Did you live there last November? A. I was working in Schenectady last winter. Q. Were you at Hoosick Palls on election day last November? A. Yes, sir. Q. Did you vote ? A. Yes, sir. Q. Are you a Democrat ? A. Yes, sir. Q. How long have you lived in Hoosick Palls? A. Little over twenty years. Q. Is there any other William Cronan in that election district ? A. Yes, sir; two others. Q. Did they live there last November ? A. Yes, sir. Q. Do you know whether they voted? A. I know one did; that is my son. Q. How old is he ? A. Twenty-one. Q. Who is the other ? A. Daniel Cronan's son William. Q. Do you know whether he voted? A. No, sir; I don't. Q. Where does the third one live ? A. We all live within eight or ten rods of one another. Q. Do you know Elmer E. Barnes? A. No; not any acquainted^ with him. Q. Did you go to him on last election day and ask him for money ? A. No, sir; he wrote to Schenectady — Mr. EooHE. — Mr. Barnes has not testified that he did. Mr. Wellington. — He testified that a William Cronin did. Mr. EocHE. — No, he didn't; he testified that he wrote to William Cronan in Schenectady that he would pay his fare, and I guess this is the man. The Witness. — That is correct. Mr. Wellington. — Is not Cronan among the names in the list given the other day ? Mr. EocHE. — I think not; I don't remember the name. Q. Were you approached on election day by Eepublicans and kept away from the polls? A. No, sir. Mr. EocHE. — Barnes didn't testify he was. Mr. Wellington. — Then it don't contradict Barnes. Q. Do you know what the reputation of Barnes is in the com- munity where he lives, from the speech of people? A. No, sir; I don't know anything about him. Mr. EocHE. — That is all. 508 Thomas Burns, sworn for sitting member, testified as follows: By Mr. Wellington: Q. Where do you reside ? A. Hoosick Falls. Q. What district? A. Sixth. Q. Did you vote there last November ? A. Yes, sir. Q. Mr. Dougherty has testified that you were paid by Republicans to stay away from the polls, to go hunting on election day; is that true ? A. No, sir; it is not. Q. I think he testified that you were paid ten dollars; were you paid that or any other sum? A. No, sir; I was offered no money at all. Gross-examination : By Mr. Boohe : Q. Did you vote ? A. Yes, sir. Q. Do you know Dougherty? A. Yes, sir. Q. A friend of his ? A. Yes, sir; I worked in the same shop for two years, and worked side of him. Q. Did you go hunting election day ? A. No, sir. Q. Where were you that day ? A. I was around the village. Q. Did you and two or three others go off in the morning, at any time? A. No, sir. Q. Are there any others of your name in that district? A. No, sir; not that I know of. , Q. Any other Burns? A. No, sir. Mr. Wellington. — I call the committee's attention, as well as that of my friend Mr. Roche, to page 847 of the stenographer's minutes, which shows that Mr. Barnes stated that William Cronan came to him for money, and was on this list. By Mr. Roche: Q. The record says " Q. Is his name on the paper ? A. I don't' believe it is." Mr. Wellington. — I only caught his name in glancing at the page. iHe gave his name as one of the men, although it was not on the paper. This is his testimony:, "There was another feller that come to me for money that I forgot, and that was William Cronan; he lived in the eighth district." It was a name that he had forgotten. That was one of the two to make up the twenty-three. Mr. Roche. — It is evident it was not this man here . He is a respectable appearing man. Mr. Wellington. — Oh, no; it wasn't any of them. 509 George H. Baetlett, sworn for the sitting member, testified as follows: By Mr. Wellington: Q. Where do you reside ? A. Hoosick Falls. Q. What district 1 A. Second ward, and I think the sixth district. Q. What is your business ? A. I am superintendent of the Walter A. Wood Mower & Reaper Company. Q. Do you know of any trouble last November experienced by any of the men employed by that company in getting out to vote ? A. No; sir; I don't. Q. Were there any rules prescribed by you or any of the oflScers of the, company respecting their going out on election day ? A. I gave orders to all the foremen to let the men go out and vote; to give theiii passes to go and vote and return. Cross-examination : By Mr. Koohe: Q. Who did you give such orders to ? A. To the foremen of the different departments of the works. Q. What was the occasion of your giving those orders ? A. We wanted to run and we didn't want to shut down, and it is the usual custom when we want to run to give them passes to go and vote. Q. When had you started the works ? A. Short time before. Q. How long before? A. I can't tell exactly; week or ten days. Q. When did you receive the order to start them ? A. Oclober. Q. From whom ? A. From the executive committee. Q. What time in October ? A. I couldn't say. Q. The election was held the third of November ? A. I don't know; I think so. Q. Are you able to say you did not receive such orders on the thirty-first of October ? A. It was in October, I know. Q. Answer the question ? A. I can't say. Q. What are your politics ? A. Free Trade. Q. What political party do you affiliate with ? A. I don't know. Q. Is there any organized political party in this county with which you identify yourself ? A. Not that I know of. Q. What ticket do you vote as a rule ? A. I don't very often vote. Q. Did you vote last fall ? A. No, sir. Q. Did you hear of quite a number of the men abstaining from voting ? A. No, sir. Q. Are you a voter? A. Yes; I am I suppose. 510 Q. Have you any doubt about it? A. No; I have no doubt. Q. What is your nationality? A. I was born in the State of Vermont. Q. You are an American then to the manner born ? A. I suppose I am. Q. Have you any doubt about your being a voter and citizen ? A. No, sir. Q. When had you given orders to the foreman about the passes for the men ? A. I never gave them before. Q. How did you come to give an order last fall ? A. I was super- intendent for the first time; last fall. Q. Who told you to give them ? A. I went before the executive committee and asked whether we .should run the works or not; I knew the necessity of running; it was decided to run the works. Q. Had they run the year before on election day ? A. Yes, sir. Q. And the year before that? A. I don't know; I know they have run election days before. Q. Are you quite sure they ran election days before ? A. Yes, sir. Q. From your personal knowledge ? A. Yes, sir. Q. Were you there ? A. Yes, sir. Q. Eunning full blast ? A. Quite full; we never are running full that season of the year. . Q. Were you running full blast last fall? A. No, sir; we were just getting started. / Q. Who was the gate-keeper there that day ? A. Peter Wolff. Q. How long had he been there ? A. Great many years. Q. Did you hear about his refusing admission to persons who wanted to come in and see the men on election day ? A. Yes, sir. Q. By whose orders was that ? A. By mine. Q. Why? A. We don't allow men to come into the works to electioneer. Q. You think if men came from the polling place to urge the men to come out to vote that is "electioneering?" A. Well, we know it interferes with their work and that interferes with our work. Q. Had you ever given such orders before ? A. No, sir. Q. Who told you to give that order ? A. No one. Q. About what number of men is employed at the works when running full ? A. About 1,600 or 1.700. Q. How many foremen have you ? A. About thirty. Q. What are the politics of the majority of them? A. I don't know, sir. 511 Q. Were these orders in writing ? A. No, sir. Q. Neither the one to the bosses nor the one to the gate-keeper? A. No, sir. By Mr. Wellington: Q.. How many men were employed last November .on election day at the works ? A. Couldn't say without looking at the record. Q. There was not the full number employed ? A. No, sir. Q. Have you any idea as to the number employed ? A. No, sir; not any very accurate idea; I know we had several hundred' men at work. Q. As many as 500 ? A. Yes; I should think more than that. Q. Do you think as many as 800 ? A. I wouldn't like to say ; I don't know. Chables C. Spbncee, sworn for the sitting member, testified as follows : By Mr. Wellington: Q. Where do you reside? A. Hoosick Falls. Q. What district? A. Eighth. Q. Did you live there last November ? A. Yes, sir. Q. What is your position in the Walter A. Wood company works ? A. Foreman of the machine shop. Q. Were you such last November ? A. Yes, sir. Q. Did you receive an order fi:om Mr. Bartlett respecting the vote of the men employed by the company, and who were under you ? A. Yes, sir. Q. What was it? A. That I was to allow them all to vote; to give them a pass so they could get out and vote and come back when they got ready. Q. How long have you been connected with the works? A. Twenty-five years. Q. Do you know that the works have run on election day in preceding years ? A. Sometimes they have and sometimes they have shut down. Q. Do you know of any difficulty experienced by any of the men going out to vote if they chose? A. No, "sir. Q. Do you know Elmer E. Barnes ? A. Yes, sir. Q. Do you know his reputation in Hoosick Falls from the speech of people? A. Well, they say he is crooked, especially in politics; that is all I know. 512 Gross-examination : By Mr. Eoohe: Q. You say " crooked in politics." Chairman Roesoh. — He says " they say he is crooked, especially in politics." Q. What are your politics ? A. Republican. Q. Barnes is a Democrat ? A. I suppose so. Q. You believe he is " crooked in politics ? " A. I don't believe anything about it; I don't know anything about it myself. Q. If a man wants to go out from your shop to-day does he have to have a pass ? A. Yes, sir; always. Q. Who gives him that ? A. The foreman of each department. Q. Did you issue any passes that day ? A. Tes, sir. Q. How many and to whom ? A. I couldn't tell how many; most of them stayed out in the afternoon; I don't think I had fifty men out of 300. Q. When did you receive the order to start up ? A. The day before election, if I recollect right; I will not be positive about that. Q. Do you know how many applied for a pass ? A. I couldn't tell you; I gave every man a pass that wanted to go and vote. Q. Did you hear any talk around that it was more profitable for the men to stay in that day than to go out and vote, as the works had been idle for some time? A. Yes; I heard men say they' wished we would run, as they had been Q (Interrupting). Did you hear any talk to the effect that the works had been idle for some time, and the men could make more by staying in and working than by going out and voting ? A. No, sir. Q. Have you heard any such talk since ? A. I couldn't tell you whether I have heard it since or not, but I know the men were glad to work, as they had been idle so long; every man that works there had the privilege to go and vote; there is no doubt about that; no man was kept' away from the polls; a man could stay out if he liked that went for a pass to go and vote. George A, Willis, sworn for sitting member, testified as follows: By Mr. Wellington: Q. Where do you reside ? A. Hoosick Falls. Q. What district ? A. First district. Q. What is your business ? A. Foreman in the Walter A. Wood mowing machine shop. Q. What department ? A. Setting-up department. 513 Q. Did you receive any orders from George H. Bartlett last fall respecting the vote by the men under you ? A. I received orders to give all men passes. Q. Do you know of any difficulty in any man under you getting out to vote last fall ? A. No, sir; not any at all. Q. How many men were working that day ? A. I think I had some- wheres about ten or twelve. Q. How many usually are under you,? A. I have forty-seven at present. ' Gross-examination : By Mr. Boche: Q. What are your politics? A. Republican. Q. Did you issue any passes that day? A. Yes, sir. Q. How many? A. Every man that worked for me; I think ten or twelve men worked that day, and th^y all went out. Q. "When did you receive the order to start up your department? A. I didn't receive any particular order. Q. When did you start up ? A. Along about the first of November. Q. That was on Sunday; you didn't stast until Monday? A. No, sir; of course, as far as starting up — Q. (Interrupting.) Had you received any orders in previous years to give passes to the men ? A. Whenever we have run I did. Q. Had you received such order ? A. Tes, sir. Q. When ? A. I think it was two or three years before that we run one election, and we had orders to pass the men out. Q. When before that had you received any such orders ? A. Can't tell you; as I said before, whenever the shop run on election day — Q. (Interrupting.) How long have you been connected with the shop ? A. I have been there about thirty-five years. Q. Isn't it a fact that it was the rule to close down on election day ? A. Very often we shut down on election day. HoEACE Baenbs, sworn for sitting member, testified as follows: By Mr. Wellington: Q. Where do you reside ? A. Hoosick Falls. Q. What district ? A. 1 think the first. Q. What is your business ? A. I am foreman of the paint-shop at Walter A. Woods. Q. How many men are under you ? A. About seventy- eight. Q. How many men were under you last November? A. I couldn't tell; I don't know. 65 514 Q. Do you know how many men were working under you last November on election day ? A. I couldn't tell you. Q. The full number? A. No, sir; probably thirty. Q. Did you receive any orders from George H. Bartlett, about letting men out to go and vote ? A. Yes, sir; to give them passes. Q. Was any difficulty experienced in any man under you on election day in November last going out to vote? A. No, sir; not at all. Q. Did you issue passes ? A. Tes, sir. Q. To what extent ? A. Well, I should think pretty nearly all of them; I don't know but all of them. Q. Did you give a pass to every man who applied ? A. Yes, sir. Q. Had the \*?orks run before on election day ? A. Yes, sir; they have sometiipes. Gross-examined : By Mr. Roche: Q. Had you ever before on election day issued passes to men ? A. Yes, sir. Q. What year? A. I couldn't tell you; any time they run; we do it every day. Q. How many men did you give passes to ? A. I couldn't tell you. Q. About how ma,ny? A. I don't know how many worked; I should say probably, at a guess, we might have had fifty men that day, and if they all called for passes they got them; I don't say we had fifty, but I think probably we had. Q. How many of the fifty did yoa give passes to? A. I should guess to all of them. Q. Don't you know ? A. No, sir. Q. What became of those passes ? A. They are on file. Q. Where abouts; in the shop office ? A. I think they are in my office. Q. Have you duplicates of those ? A. No, sir. Q. What kind of a paper is it ? A. It is a paper with a stub. Q. What color is it? A. White. Q. What is the stub for? A. It is a record I keep myself. Q. You have issued passes since that ? A. Yes, sir. Q. Are those stubs dated ? A. Yes, sir. Q. That book will show what passes were issued that day ? A. Yes sir. Q. Is thAt the uniform practice among all the other foremen ? A. Yes, sir; I think so. Q. What are your politics ? A. I am a Democrat. Q. Did you vote that day ? A. Yes, sir. 515 M. F. Walkee, sworn for the sitting member, testified as follows: By Mr. Wellington : ' Q. Where do you reside ? A. Hoosick Falls. Q. What district? A. Sixth. Q. What is your business ? A. Foreman of the packing department of the Wood works. Q. Did you receive any orders from George H. Bartlett, concerning the Tote by men under you last November ? A. He gave me orders to issue passes to all men who wanted to go out to vote. Q. How many men were under you? ' A. In the neighborhood of sixty. Q. How many were working under you on election day in Novem- ber last? A. I should think about twenty. Q. Did any of those men have any difficulty in going out to vote if .they desired to 1 A. No, sir. Q. Did you issue passes ? A. Tes, sir. Q. To what extent? A. To every man working. Q. Do you know Mr. Elmer E. Bamds ? ' A. I do. Q. Do you know his reputation in Hoosick Falls from the speech of people? A. I know — Q. (Interrupting.) From what people say of him do you know that reputation? A. From what people say of him,, as Brother Spencer said, he is crooked ; I don't know anything about him personally. Q. Do you know from what people say of him ^hat his reputation is ? A. I should say it is bad. Cross-examination : By Mr. Eoohe: Q. In what respect ? A. Well, all the respect I know of is as far as politics are concerned. 1 Q. What are your politics ? A. Republican. Q. Do you think because he is a Democrat that makes him bad ? A. No, sir. Q. In what respect is he bad ? 'A. We have as good Democrats as we have Republicans; he is bad because he is crooked, they say; I don't know anything about the man. Q. Who are the people? A. I can't tell any of their names; it is the general talk. , Q. You must know some of the people that have talked about him with you ? A. Well, Brother Stillman. Q. Who is he ? A. Timekeeper in the works. * 616 Q. What did he say about him ? A. He thought he was rather crooked. Q. When did he express this opinion 1 A. Since Tuesday's election. Q. Who else? A. I don't know as I can give you any names. Q. Did Stillman go in with the rest to help defeat him ? A. I guess not; I don't know; he didn't tell me so. Q. You about all turned out against poor Barnes ? '^ A. I didn't vote for him. Q. Did any of the rest ? A. I couldn't tell you. Q. Isn't it a fact that you all turned out last Tuesday from those works, all the influential men and the bosses, and worked against him all day on account of the testimony he gave here ? A. I wasn't out long enough only to cast my ballots. Q. What do you know about the others ? A. I don't know any- thing ? Q. What do you know of the talk in the shop against him ? A. I don't know anything more than that they think he is crooked. Q. What about working gainst him last Tuesday ; wasn't it understood among you all that you were to go out and defeat him ? A. No, sir. Q. Was there any such talk at all ? A. No, sir. Q. Do you mean to say you didn't hear any ? A. I did not. Q. You acted upon it though, didn't you ? A. No, sir. Q. You didn't? A. No, sir. Q. What district do you vote in ? A. In the second ward, sixth district. ^ Q. What was the occasion of these passes on election day last fall ? A. We always issued passes to every man that wanted to go out. Q. What is the occasion of that? A. To keep the men's time; that is the general thing. ' Q. Describe what the man does with it ? A. He gives it to the gate- keeper. Q. What is done with it then ? A. I don't know what becomes of it. Q. Is it in your office ? A. No, sir. Q. Where do you next hear of it ? A. I don't hear of it at all; I suppose it goes to the timekeeper. Q. Who is he ? A. My timekeeper in our department is Eddy. Q. Who is the other timekeeper ? A. Slocum; he is the timekeeper over the machine shop. Q. That is done for the purpose of deducting the time from the men's pay, isn't it ? A. It don't make any odds — (Question^epeated.) A. Day workmen, yes. ■ 517 Q. Have you any other m^ ? A. Piece workmen; it wouldn't deduct their pay, it affects their time. Q. It has that effect upon his pay, doesn't it ? A. No, sir. Q. How many passes did you issue that day ? A. I should say twenty. Q. Where are those passes? A. I couldn't tell you; the stubs are in the main office, I suppose. Q. There have been passes issued since ? A. ¥es, sir. By Mr. Wellington: • , Q. When you speak of Mr. Barnes being crooked, from the speech of people; have you never heard him spoken of except in connection with politics; have you heard his reputation for truth spoken of? A. I don't know that I have. Q. It is only in connection with politics ? A. Yes, sir. By Mr. Roohe: Q. Who is the custodian of the passes that are issued in that shop ? A. Mr. Parsons, I think. By Mr. Wellington: Q. What is his connection with the works ? A. Paymaster. Q. He is a Democrat ? A. I don't know. William H. Slooum, sworn for sitting member, testified as follows: By Mr. Wellington: Q. Where do you reside ? A. Hoosick Falls, first district. Q. What is your business ? A. Timekeeper. Q. Did you work for the Wood Company last November ? A. Yes, sir. Q. Do you know of any orders which were given respecting the voting by men in the employ of that company ? A. Nothing more than I understood that they were to go out at any time they saw fit if they wished to. Q. Do you know of any men in that company who were prevented from going out ? A. No, sir; I don't By Mr. Eoche: Q. How did it come about that orders were issued that the men might go out if they wished to ? • Mr. Wellington.— He said he only knew it as he understood. The Witness. — Those orders would not be given to me. I am not a foreman. Mr. Wellington. — There were no orders given him. 618 Q. The men can generally go out begetting passes? A. Yes; they have to get a pass to go out. Q. Did you hear at all how this special order came to be issued ? A. No, sir. Mr. Wellington — I will call Peter WolfE. The Chairman — la this testimony of the same nature ? Mr. Wellington.— Yes, sir. The Chaieman. — How many have you on that score ? Mr. Wellington. — We have several. The Chairman. — You already have six or seven witnesses upon that point, and I don't think it is necessary to lumber up the record any more. Mr. Wellington. — There are only two more. They cover different departments. The Chairman. — Very well, proceed. Peter Wolft, sworn for sitting member, testified as follows: By Mr. Wellington: Q. Where do you reside 1 A. Hoosick Falls. Q. How long have you lived there? A. I am working for Mr. Wood thirty-four years. Q. During that time how long have you been gatekeeper? A. Fifteen years. ^ ,Q. Before that what was your position? A. I was Mr. Wood's butler; in his house for twenty years. Q. What are your politics? A. Democrat. Q. Were you gatekeeper last November on election day? A. Yes, sir. Q. Do you know of any difficulty that any men had, employed by that company, on election day on November last in going out to vote if they cared to? A. No, sir; neither at the last election or any other election before. Q. Do you know that the works had been run on election day before? A. Yes, sir; sometimes they have and sometimes they have not. Q. Last election day had you orders not to allow men in the works ? A. I have orders every day during the year, election or no election. Q. You had no special orders for" election day ? A. Every election I would go and get orders from the superintendent, and if he was not there from the vice-president; I get my orders for the year. Q. What are the general orders in regard to the men going into the works? A. Nobody is allowed in the works except on order from 519 the superintendent or the president; I will not allow any man in the works after the 7 o'clock bell stops. Q. That rule holds good on all days? A. Yes, sir; all days during the year; we never change. Cross-examination : By Mr. Koche: Q. You have allowed men to go through the gate on days other than the last election? A. Yes, sir; I pass men to go into the office; when men have business in the office I allow them in, and if men want to go inside the works I call them out. Q. How do you tell whether they are going into the works or into the office ? A. Every man that goes into the works I stop ; no matter who he is 1 ask him what his business is and -what he wants in the office. Q. Do you know Dougherty ? A. I know three or four of them in the foundry; I have been there many years. Q. Did he come there and say to you last election day that he wanted to go in and see some of the men ? A. I couldn't exactly tell you if it was Mr. Dougherty or not, but last election day I had difficulty on the gate; in the first place the Republican party come in a barouche to go inside and bulldoze the men to come out, and then the Deniiocratic party (where I would be myself) come the same way and I told them that our orders were that nobody should come in and I sent them both away; I never allow a man in; I always do my duty; no man went in there, but they tried to; one man that was half drunk I had quite a serious difficulty with. Q. Both parties wanted to come there and bulldoze that day ? A. Yes, sir. Q. You didn't permit them to bulldoze ? A. No, sir. M. D. Greenwood, sworn for sitting member, testified as follows: By Mr. Wellington: Q. Where do you reside? A. Hoosick Palls. Q. What is your business ? A. Foreman at the malleable depart- ment at Woods. , Q. How many men under you? A. About 300. Q. How many were working under you election day last November ? A. About 270 as near as I can recollect. Q. Do you remember receiving orders from George T. Bartlett before election day respecting the voting by men under you. A. Yes, sir. 520 Q. What were the orders? A. They were to let everyone vote; let every one go out and vote that desired to. Q. Was any one under you on election day prevented from going out to vote ? A. No, sir. Q. Did you issue passes ? A. No, sir; we don't issue passes in that department. Q. Did you allow men to go out ? A. Tes, sir. Q. Did men go out ? A. Yes, sir. Q. To what extent? A. I should think that nearly aU of them voted during the day; they didn't all go together, of course, but they were going and coming aU the while. Q. Your politics ? A. Kejpublican. Gross-examination : By Mr. Eoche: Q. What was the occasion of the issuing of the order ? A. I sup- pose that the reason why it was done was that the law should be carried out; I don't know of any other reason. Q. Did you hear of that reason; did you hear that was the reason? A. No, sir; that is all the supposition I have about it. Q. The men could go out before on other days by obtaining per- mission ? A. Yes, sir. Q. You don't know any reason why this special order was issued for election day ? A. Usually when they go out their time is taken from them, but the orders were that they were to have the privilege of going out to vote and should have their two hours' time if they desired to; I suppose that is the reason the order was given. Q. Do you know that ? A. I know it was given to me that way. Q. Do you know whether any deduction was made from their pay for th6 time ? A. I know there was none. Q. Did the majority of the men under you vote at the noon hour? A. No, sir. Q. They voted during working hours? A. Yes; the majority of them; I presume some of them voted during the noon hour. Edwin Manohestee, sworn for sitting member, testified as follows: By Mr. Wellington: Q. Where do you reside ? A. Hoosick Falls. Q. What district ? A. First. Q. What is your business? A. Foreman of the wood department in the Wood works. Q. How many men are undef you ? A. About fifty now. 521 Q. How many were under you on election day in November ? A. Ten or twelve. Q. Did you receive any order in regard to them ? A. Give every man a pass that called for it. ^ Q. How many of them called for it ? A. All except two or three boys, who couldn't vote. Q. Your politics ? A. Eepublican. Mr. EooHE. — Nothing to ask him. E. W. SiiLLMiN, sworn for sitting member, testified as follows: By Mr. Wellington: Q. Where do you reside ? A. Hoosick Falls. Q. What district ? A. First. Q. What is your occupation? A Timekeeper in the Wood Company. Q. Were yoii such in November last? A. Tes, sir. Q. What do you know about the men in that company being allowed two hours on election day in which to vote, without having that time deducted ? A. Every man I kept time for, and there was not a man deducted for a moment. Q. On election day did you hold an official position ? A. I was Republican inspector that day. Q. Were there any marked ballots found in the box ? A. I don't remember one. Q. Any ballots with fictitious names on ? A. No, sir. Q. Or ballots with circles opposite the justices' names ? A. No, sir. Chairman Endbes. — How many more have you, Mr. Wellington ? Mr. Wellington. — We take up another branch now. Fbed H. Mermll, recalled. By Mr. Ingalsbt: Q. How long have you resided in Easton ? A. Thirty-five years. Q. You have been a notary public in that town ? A. Yes, sir; for ten years anyw&y. Q. Do you know Valentine Preyer? A. Yes, sir. Q. How old a man is he ? A. I should judge, 75. Q. What is his physical condition? A. Very badly bent with rheumatism. Q. In your opinion is he physically incapacitated from folding a ballot ? A. I don't think he could fold a ballot. Q. Do you know John Lewis ? A. Yes, sir. 66 522 Q. What is his age ? A. About 65; possibly 70. Q. What is his physical condition ? A. He is very near-sighted. Q. In your opinion is he physically disabled from folding a ballot ? A. I don't think he could pick out what he wanted to vote unless he had his spectacles. Q. He is near-sighted ? A. TeS; very near-sighted. Q. Do you know Jerry Sullivan ? A. Yes, sir. 0. What is his physical condition ? A. I don't think he is as bad as either of the others. , Q. Has he the use of his hands ? A. Yes, sir. Q. Can he read and write ? A. I don't know. Q. William Murray — what is his physical condition? A. He has rheumatism very bad. Q. In your opinion, is he physically incapacitated? A. I don't know. Q. Can he read ? A. Can not. Q. Has he the use of hie hands ? A. Yes, sir. Q. Do you know Timothy Donovan ? A. I know him. Q. What is his physical condition ? A. He has the use of his hands and arms. Q. Can he read and write ? A. No, sir. Q. Your knowledge of Sullivan, Murray and Donovan is derived from their having executed papers before you ? A. I have executed papers fof Murray and Donovan; the others I don't think I have. Patrick MoKbrin, sworn for sitting member, testi&ed as follows: By Mr. WELLnstOTON: Q. Where do you reside ? A. Hoosick Falls. Q. What position do you hold ? A. I am town clerk. Q. Have you with you the official register kept at the November, 1891, election for the eighth district? A. Yes; I have a register supposed to be one of them. Q. Is it the one on file with you ? A. Yes, sir. Mr. Wellington. — I offer it in evidence. It is to show the number of Shaughnessys, and other men registered, named by Elmer E, Barnes. Mr. EooHE. — No objection to it. Charman Endres, — The stenographer will mark it. [Same marked "No. 5, S. C. E."] Q. Eefer to the Shaughnessys and state how many were registered ? A. There is one seems to be here. ' 523 By Chairman Endees: Q. What is his first name ? A. Dan. Bj Mr. Wellington: Q. How many Cronans ? A. Three. ,' Q. Hot? many Kirbys ? A. Four — Dan, William, John and David Mr. EooHE. — Kirby said there was no one else in the district but himself of his name. Mr. Wellington. — If he was mistaken that will correct it. Q. Does it give their residence? A. Yes, sir; "Dan Kirby, Lyman street; William Kirby, Lyman street; John Kirby, John street; David Kirby, John street." Q. Do you know these Kirbys ? A. Some of them. Q. Do you know all of them ? A. Couldn't say I did. Geobgb. W. Wilton, sworn for sitting member, testified as follows: By Mr. Ingalsbt: Q. Where do you reside? A. Easton. Q. In what election district ? A. No. 1. Q. Were you one of the election officers there last fall ? A. Yes, sir* Q. What office did you hold ? A. Inspector of election. Q. Do you know Mr. Jerry Sullivan of that district ? A. Yes, sir. Q. How old a man is he i* A. About 55 or 60. Q. Has the use of his arms ? A. Yes, sir. Q. Are you well acquainted with him? A. Quite well. Q. Do you know that he has any physical disability ? A. I don't think he bas. Q. What about his ability to read ? A. I have heard he couldn't either read or write. Chairman Endbes. — Never mind what you heard. Q. Have you any knowledge about it ? A. No, sir. Q. Do you know William Murray ? A. Yes, sir. Q. How old is he ? A. Sixty-five. Q. Is he a laboring man — a farmer? A. He has been; he isn't now. Q. Has he the use of his- arms ? A. He has not. Q. In your opinion is he physically disabled? 'A. Yes, sir; I think so. Q. Mr. Donovan ? A. I know him. Q. How old is he ? A. Fifty-five. Q. Is he physically disabled, in your opinion? A. I don't think he is. 524 Q. He has the use of his hands ? A. Yes, sir. Q. Of your own knowledge, do you know about his being able to read ? A. No, sir. Gross-examination : By Mr. Roche: Q. Do you know whether there is any trouble with his sight? A. I don't think there is. Q. Do you know ? A. Well, I don't. Q. He swore to some physical disability, or that he was disabled ? A. Yes, sir. Q. Did any member of the board object ? A. I don't think they did. , Augustus O. Gobham, sworn for sitting member, testified as follows: By Mr. In&alsby: Q. Where do you reside ? A. Easton. Q. In what election district ? A. First. Q. What position did you occupy in that district, last fall? A. Inspector. ' Q. Were you a Republican watcher ? A. Yes, sir. Q. Do you know the Democratic workers in that election district? A. Some of them. Q. State what you saw as to their giving out pasters within 150 feet of the polling place ? A. I saw them using them in the hall, directly under where we were voting. Q. On the lower door of the hotel ? A. Yes, sir. Q. Right below the polling place? A. A little to the left; the sitting room was under it and then come the hall. Q. Do you know Washington Fryer ? A. 1 know Valentine Fryer. Q. Did you assist him on election day ? A. Yes, sir. Q. State as to his physical disability ? Mr. RooHE. — Two men have testified to that, and we don'i con- tradict it. Mr. Ingalsbt. — And the same as to Washington Gates ? Mr. Roche. — Yes, sir. By Mr. RpcHE: Q. In what part of the building were the polls held ? A. In the ball-room. Q. Is that the second floor? A. Yes, sir. Q. It was down-stairs where you saw these men working? A. Yes, sir. 625 Q. Who were they ? A. I couldn't name them all. Q. Can you name how many paster ballots you saw given out? A. No, sir. John F. Baebek, sworn for the sitting metnber, testified as follows: By Mr. Ingaisby: Q. Where do you reside? A. Village of Greenwich. Q. In what town ? A. Town of Easton. Q. In what election district is that town ? A. Second. Q. Were you present at the polls on the morning of election? A. Well, a few minutes after they opened. Q. The poll opened late at that polling place? A. Tes; they did a little mite late. Q. Were you tjiere before they opened ? A. I was in the vicinity; I had a store right near there. Q. The polls were held in the second story of that building? A. Yes, sir. Q. You were at your store where you could see the entrance to the upper room ? A. Yes, sir. Q. Did you notice any voters that went away that morning before the opening of the polls ? A. Yes, sir. Q. Who ? A. Andrew Kenyon. Q. Did he return at any time during the day? A. No, sir; I tried to-^eep him, but he didn'b come back. Q. What are his politics ? A. Republican. Q. Do you know William Chapin ? A. By sight only. Q. What passed between you and Chapin on election day? A. Nothing; I never spoke to him. Q. Were you there when he voted ? A. Yes, sir* Q. Will you detail what happened at that time ? A. Well, he came up to vote; Mr. Petteys was there taking the votes; I was asked to be a Eepublican watcher; he passed up the ballot, and we noticed it, and it was a Whitehall ballot, second district, I think, and Mr. Petteys asked him where he got it, and he said he got it of our poll clerks there that gave out the ballots; Mr. Petteys said he didn't, for they hadn't got any such; he said he did, and Mr. Petteys said he didn't; Mr. Petteys told him he had got our ballot in his pocket, and he made him take it and surrender it; made him surrender the Whitehall ballot. Q. Did it have a paster on it? A. Yes, sir; Mr. Petteys had him get some more ballots from the clerks there and give up the White- hall ballot and go in and vote. 526 Q. Who is William Chapin ? A. I think he has lived with Daniel Barber, down in Easton. Q. Is he the father of Charles H. Barber ? A. Yes, sir. Q. Were you there when Daniel Barber voted? A. Yes, sir; he had a Whitehall ticket and undertook to vote it, and Mr. tetteys took it and then discovered it and tore it up, and had him get another set of votes. Q. Was there a paster attached to it ? A. Yes, sir. Q. What is Daniel Barber's politics ? A. Democrat. Q. What is Chapin's? A. I couldn't say; I never heard what his poUtics were. Q. A young man in your election distrjpt named Riley, about whom there has been some controversy — do you remember his first name f A. I think it is Alfred. Q. Were you there when he voted? A. Yes, sir. Q. Do you know John Keegan ? A. Yes, sir. Q. Was he there at the same time ? A. Yes, sir; he was. . Q. State what happened at that time between Riley and Keegan? A. Mr. Riley came up there; heard some loud talking in the first place, and I looked round and saw Riley coming up and also Mr. Keegan after him. Q. Do you mean coming up the stairs? A. Yes, sir; Mr. Keegan was after him; he was telling him he must not vote for he was not of age; Mr. Riley claimed he was, and Mr. Keegan claimed he was not, and that if he voted he would have him arrested; he came up and insisted that he was of age, and Mr. Keegan challenged him, and Mr. Riley swore in his vote and voted. Q. What did Keegan say and do after Riley had taken the oath? A. Well, he insisted that he must not vote after he had taken the oath; he said that if he did he would have him arrested the next day and have him imprisoned. Q. Did he jump over the rail ? A. I think he did. Gross-examination : By Mr. Roche : Q. What was Keegan's politics ? A. I think Democratic. Q. The objection was he was not of age ? A. Yes, sir. Q. It turned out afterwards that he was not of age ? A. I have learned that he is of age from his mother and the affidavit she has made. Q. Have you heard it said that he is not of age ? A. By Mr. Keegan and William McCall, who say ^he is not. , 527 Q. Have you heard the young man admit that he is not ?. A. No, sir Q. Have you heard he admitted it ? A. No, sir. Q. What was the political complexion of your board ? A. Three Democrats and three Eepublicans. * Q. They were not all inspectors? A. Well, they were there taking the votes and managing the election. Q. Some of them were poll clerks ? A. Yes, sir. ^ Q. Did Chapin vote ? A. Yes, sir. Q. You are sure about that? A. Yes, sip; I think so; he went back in; I wouldn't be positive he voted; he took some tickets and went back into the booth; the impijession I had was that he did vote. Q. You may be mistaken as to Chapin voting 1 A. Yes, sir. Q. You say he had a, Whitehall ballot ? A. Yesj sir. Q. How far is Whitehall from Easton ? A. Perhaps thirty or thirty- five miles. Q, Is there any railroad communication between them ? A. No, sir unless you come around by Troy and down this way. Q. How far is it by railroad; about 100 miles ? A. You would have to come, I think, to Johnsonville and go around by Saratoga and then up to Whitehall; or go the other way by Eutland or Whitehall and Salem. Q. It is a roundabout route ? A. Yes, sir. Q. What was upon this ballot ? A. It was a regular ballot, the same as we had there to vote, but I think it was the second district of ^Whitehall instead of the second district of Easton. Q. Those ballots were prepared under the direction of the county clerk? A. Yes; I suppose so. Q. He is a Eepublican ? A. Yes, sir. Q. Do you know how they came to be there? A. No, sir; I don't; I guess Mr. Chapin said he got them of Charles Barber that day there when Mr. Petteys pressed the matter. Q. They couldn't be gotten from Whitehall there that day ? A. I think not. Q. Were ballots handed to Chapin when he came in and applied 1 A. Yes, sir; he got a full set, and then Mr. Petteys insisted that he surrender up the ballots that he had got there at the polls, and he made him take them out of his pocket. Q. How did he know that he had them ? A. Because he came there with the ballot that he should not have. Q. Did he show the Whitehall ballot until he came and voted ? A. No, sir. Q. Is that true of Daniel Barber? A. Daniel came the sp,me way. 528 Q. They came out having in their hands a number of official ballots ? A. Tes, sir. Q. Among them was a Whitehall ballot ? A. Yes; sir; they came and had one ballot in their hand to vote and the rest was in the other hand. Q. Among those was a Whitehall ballot ? A. Tes, sir. Q. Somebody spoke up and said that had no business there ? A. Yes, sir; that was Mr. Petteys who took th« votes; he asked him where he got it and insisted on his telling him, and finally he made him tell him. Q. Who was it discovered it, or how was it discovered? A. It was very accidental; Mr. Petteys discovered it as he was going to put it in the box. Q. Was it the Whitehall ballot he was going to put in thejbox? A. Yes, sir; that is the one he was going to vote with the paster upon it. Q. For member of assembly whpse name was upon it? A. I don't know that. Q. Are you in the same Assembly district that Whitehall is in ? A. I think not. Q. You are in the lower district 1 A. Yes, sir. Q. Was the name of Finch as sheriff upon it ? A. I should presume not. Q. What ticket was he running on ? A. On the Eepublican ticket. Q. Did you discover any other cases of that kind that day ? A. No, sir; only those two. Q. Did these ballots have all the appearance of official ballots? A. Yes, sir. Q. They were numbered? A. I wouldn't be positive; I think they were; Mr. Petteys turned to me and showed them to me. Q. It struck you that it had all the appearance of an official ballot? A. Yes, sir. Q. It had a facsimile of the county clerk's name ? A. Yes, sir. Q. And the perforated holes ? A. Yes, sir ; just the same as the other ballots; I think the length and all was exact, or nearly so. By Mr. Ingalsbt: Q. Was this Whitehall ballot with the other ballots, or was it the ballot which was selected by the voter to vote? A. That is the one he gave to be voted. Q. Was that the case with each of the men ? A. Yes, sir. Q. In each case was there a paster attached ? A. Yes, sir. 529 * By Mr. Eoohb: Q. How did you learn there was a paster attached? A. It was .opened by Mr. Petteys. Q. Was he an inspector? A. Yes, sir. Q. By what right did he claim to open it ? Mr. Wellington. — I object to it. Q. Did he claim any right to open it ? A. No, sir. Q. Did he show it around to the members of the board "? A. I couldn't say; I stood by him and saw it. Q. What Whitehall district was upon it ? A. I couldn't tell you whether the first or second; I was otthe impression it was the second district; I wouldn't say positive about that. Q. Can you say it was not the fourth or fifth ? A. No, sir. Q. When did the official ballots get to your town from the county clerk's offices — was it the Saturday preceding the election? A. I couldn't tell you. Q. Were you at the polls when the sealed packages were broken open? A. No sir; the town clerk came to my store door and went over five or ten minutes ahead of me perhaps; I wasn't there when they were opened; there had a few voted when I went over. Mr. Wellington. — The committee directed the sergeant-at-arms to subpoena three witnesses from Greenwich, and I want to inquire whether they are here — Aaron Bristol, John H. Mealey and Mr. Con- very. I also desire to ask whether those men were subpoenaed. Assistant Seargeant-at-Arms Bubkb. — I couldn't find them. I was told Mealey was in Boston, and Mr. Bristol was not at home. Mr. Wellington. — I ask that those witnesses be reported to the Senate. They have been subpoenaed twice for attendance here. One of them stated that he would not qbey the subpoena. They are th^ men whom Mr. Barber swore were afraid to come here as witnesses when he had them subpoenaed. Mr. Whitman. — That is very evidenl now. Mr. Wellington. — We can contradict Mr. Barber by each of these witnesses. Mr. RooHE. — That can't be very important for you. Mr. Wellington. — It is very important to us. Chairman Endees. — Are not those the witnesses whom the chairman of the committee said on Monday afternoon ought to be subpoenaed once more before they were reported to the Senate ? Mr. Wellington. — Yes, sir. And if a genuine attempt has been made to subpoena them it is evident that they are evading a subpoena. 67 530 Chairman Endbbs. — The chairman said that an effort should be made to subpoena them, and proper proof should be made to the committee that the effort had been made, and if they then refused to appear he would report that fact to the Senate. There is no proof here that the witnesses have been served. There is no proof here only the word of the deputy sergeant-at-arms that he made an attempt to find them and that they were not there. I do not wish to take the responsibility in the absence of the chairman. Mr. Wellington. — The deputy did not try to find them, else he could not have failed to find them. They are three prominent men in the village. Chairman Endbes. — Ton are making quite an accusation. Mr. Wellington. — I know what kind of an accusation I am making. These three men are business men there. Chairman Endbes. — The deputy states that one of them was in Boston. , Mr. WELLiNaxoN.— The other two might have been subpcenaed. Deputy Sergeant-at-Arms Bubke. — I couldn't find them. I chased all over Greenwich last night in the mud and slush. I didn't know the nien personally; I don't know them. Mr. Wellington. — Then that was not the kind of a man to send. Sergeant-at-Arms Tallmadge. — How would I have known them if- 1 had gone myself ? If you have a man that knows them let him go and subpoena them. Mr. Wellington. — We have proved already that they iiave been sub- poenaed twice. Chairman Endbes. — But you remember that the chairman said that another effort should be made, and that if they did not then " show up" he would report the matter to the Senate for action. Mr. Wellington. — May I have a modification of that suggestion to this effect — that we send a man there — Chairman Endbes (interrupting). — I should not like to modify the chairman's order. ' Mr. Eoche. — We gave a reason on Monday why they were not here. An important caucus was being held on Monday night, and it was not the fair thing to take these men away from that caucus. I do not charge that there was any unfairness about it. Now, the counsel argues that the sergeant-at-arms, and no one else, should have been sent up there to subpoena them, and he would not have even his own men go. We have no objection to his having any person whom he may select deputized to find these men. 631 Chairman Boesch here appeared and inquired as to what subject was under discussion. Mr. Wellington. — These gentlemen were subpoenaed twice, and both times it is proved they were served. They did not appear, and one of them has stated that he would not appear. It was then stated that the sergeant-at-arms should make another attempt to subpoena them. The sergeant-at-arms deputized someone to go there, and the report comes back that one was in Boston, and that the other two could not be found. These men are prominent men in that town and in business there. There had never been any difficulty heretofore in serving them with a subpoena. It is too important for us to miss their evidence. Chairman Eoesch. — What order do you now wish. Mr. Wellington. — That they be reported to the Senate to-morrow morning for action by the Senate so they may be brought here bodily, or else that the order be that we shall be permitted to send someone to subpoena them once more, and if they then fail to appear they shall be reported to the Senate. Chairman Koesoh. — Subpoenaed for when ? Mr. Wellington. — I do not know that we can get them for to-mor- row night. If we close Monday night, as we are trying to, I do not know .but what it would be too late. I think those men ought to be here to-morrow night. Chairman Boesch. — You have no more witnesses for to-night ? Mr. Wellington — Yes, but the committee are exhausted; the wit- nesses are not. Chairman Boesch. — I suggest that the order be deemed modified, to the effect that the counsel for the sitting member be allowed to attempt to subpoena these parties through one of their own selection, and make proof of that attempt at service before the committee; the com- mittee will then report the three to the Senate for its action if they do not appear. They, can be subpoenaed for Monday afternoon. Mr. Wellington. — We can make the attempt to subpoena them for to-morrow night, if possible, and if not then for Monday, i Chairman Boesch. — There is no need of subpoenaing any more wit- nesses than can actually be put upon the stand within the time usually consumed by the committee. Mr. Wellington. — That is a difficult thing to judge of. The other night we had a large number of witnesses, but their examination was brief and the witnesses were soon disposed of, and the gentleman (Mr. Boche) complained of our not having enough witnesses to occupy ' 532 the entire time. We have two more witnesBes from Troy who are anxious to be examined to-night. Chairman Roesch. — Let them be sworn. RoBEET E. FooTB, swom for the sitting member, testified as follows: By Mr. Wellington: . Q. Where do you reside ? A. No. 4 Lawrence Place, Troy. Q. What ward ? A. First ward, second district. Q. Did' you vote in that district last November ? A. Tes, sir. Q. What have you to say as to electioneering done within the polling-place ? A. I had pasters handed me as I entered the door. Q. By whom ? A. I don't know his name. Q. Was it a Democrat or Republican? A. They had Michael F. Collins' name on. Gross-examined : By Mr. Roche: Q. Who was the man handed tbem to you? A. I don't know; I never saw him. Q. What are your politics ? A. Republican. Q. Was he a Republican ? [ No answer.] Q. What else did he have ? A. That's all I know of. Q. Did you use the paster ? A. I did not. Q. How near was this to the polling place ? A. Right as I entered the door. By Chairman Roesch: Q. How old are you ? A. Twenty-five. Q. This was not your first vote ? A. No, sir. Christian A. Stein, sworn for the sitting member, testified as, follows: By Mr. Wellington: Q. Where do you reside ? A. No. 4 Lawrence Place, Troy. Q. What district ? A. Second district, first ward; I believe. Q. Did you go to the polling place with the last witness ? A. Yes, sir. Q. You voted there ? A. Yes sir. Q. What did you observe wljen you entered the room ? A. Well, nothing; but I indorse his statement; I was handed a paster as I entered the door by Mr. MoKenna. Q. Is he a Republican or Democrat? A. I should judge a Democrat. 533 Q. What was it he handed you ? A. A paster with Michael F. Collins' name on. , Q It was his individual paster ? A. Yes, sir; I take it so. Q. How many feet was that from the polling place ? A. I shouldn't think it was twenty feet. • By Mr. Roohe: Q. What is McKenna's first name ? A. I think it is John. Q. What is his occupation ? A. He was a reporter the last I knew of him. Q. Where was the polling place ? A. On Fourth between Divisioa and Ferry. Q. Did you see th^ paster ? A. No, sir. Q. (Mr. Wellington.) Tou are organist of St. Paul's church ? A. Yes, sir. Joseph Milleb, ^worn for sitting member, testified as follows: By Chairman Roesch: Q. Have you a subpoena with you ? A. Yes, sir. Q. When were you subpoenaed ? A. I think it was Monday of this week, Monday or Tuesday. Mr. Ingalsbt. — This gentleman was subpoenaed to testify as to the polling place in district No. 2 in Easton. I understand there is no question made as to the eligibility of the place. Mr. RooHE. — That is so. Chairman Roesoh. — These proceedings are adjourned to to-morrow night half-past 7 o'clock, for the Lamont-Richardson contest, and the Collins-Derby contest to Thursday, March 10, 1892, at 7.30 p. m. Thursday, March 10, 1892—7.30 p. m. The committee met pursuant to adjournment. Present — Senator Endres. Mr. Ingalsby. — It was understood last evening that certain matters in regard to the Easton evidence should be disregarded and if that does ifot appear in the record I would like to have it appear, the evidence relating to the liq[uor selling in the first district and as to the inadequacy of the accommodations in the second district. If it don't appear on the record I want it to appear. Mr. Roche.— Judge Whitman knows all about that. He will undoubtedly be here Monday. That is something entirely within his 534 part of the case and I, would prefer the counsel would wait until he came here. Mr. Ingalsbt. — I will work on that theory to-night. John S. Wilson, being duly sworn, testified as follows: By Mr. Ingalsby : Q. Where do you reside ? A. In Easton. Q. In what election district ? A. Second. Q. The polling place is at what place in the town? A. At Joseph Miller's shop. Q. When did you first go to the polls last November ? A. About a quarter to 12. Q. At that time did you find any crowd there waiting to vote ? A. No, sir, all very quiet. . Q. How long were you at the polls at that time ? A. I stayed about five minutes. Q. When in the afternoon did you return ? A. I did immediately after dinner. ' Q. What length of time did you stay then ? A. Not more than ten minutes, just long enough to vote. Q. At either of those times did you see any electioneering or giving out of pasters by democrats within 150 feet of the polls ? A. I did. Q. What was it ? A. I had gone away from the polls and gone over by Mr. Barber's store and I saw a young man there giving another young man there a paster; at least I supposed it was a paster. Q. Who was this man you saw giving a paster ? A. John Keegan. Q. Do you know what his politics are ? A. Democrat. Q. Are you positive about it? A. I am; he was a Democratic worker always. Q. That was within 150 feet of the polling place ? A. It was. Gross-examincdion : By Mr. Roche: Q. What store was this ? A. John Barber. Q. How far is that from the polling place ? A. I should think a little more than a hundred feet. • Q. On the other side of the street ? A. It was. Q. What kind of a store is it ? A. A general store. Q. Mr. Keegan was in there ? A. No, sir. Q. What was the fact? A. He was not in there but he was the other side of the street, a little to my right. 535 Q. What was it you said about Barber's store ? A. I said that 1 came away from the polls and went over and stood by the store. Q. Across the street you saw Mr. Keegan give a man what yOu supposed was a paster ? A. Tes. Q. Do you know what it was ? A. Nothing more than that; I saw him take out a piece of paper like a paster and hand to him and speak to him. Q. Do you know in fact it was a paster ? A. J do not. Q. That was the only instance you saw ? A. It was. Fred Pettis, being duly sworn, testified as follows : By Mr. Ingalsbt: Q. Where do you reside ? A. I reside in Easton, Q. In what district ? A. Second district. Q. What official position did you hold in that district last fall at the general election ? A. Chairman of the board of inspectors. Q. Do you know Alfred Eeilly? A. I do. Q. Were you acting as chairman of the board when he offered his vote ? A. I was. Q. Do you know John T. Keegan ? A.. I do. Q. What are his politics ? A. We suppose him to be a Democrat, and he was elected on the Democratic ticket in the town this spring. Q. State what occurred at the time Alfred Reilly came forward to offer his vote ? A. Keegan followed him up to the polls and said if he voted he would either have him arrested or have him in jail the next day; one or the other, I wouldn't swear positive which; Mr. Reilly said he would vote because he was of age and had a right to vote. Q. Was the oath administered to him ? A. It was. Q. After the oath was administered to him what did Keegan say and do ? A. In regard to that I couldn't tell you, other people were there to be attended to. Q. Do you know Daniel Barber ? A. Tps, sir. Q. What are his politics ? A. We have always supposed him to be a Democrat; a man might vote in private and not know how he voted; we consider him to be a Democrat and he has always been called so. Q. William Ghapin ? A. I don't know exactly what his politics is, but supposed to be a Democrat. , Q. William Chapin was the hired man to Daniel Barber last fall ? A. Tes, sir; has been so for several years. ' Q. Which one of these two gentlemen offered hig vote first? A. William Chapin. 536 Q. Were you present and acting as chairman of the board at that time ? A, Yes, sir. Q. State fully what occurred? A. He came and presented a ballot and I accepted of it; that is, took it into my hands; the other inspec- tor took the three unvoted ballots and as I turned the ballot over I saw the number of it was 962, 1 think; and, of course, that called my attention to the matter because I knew we hadn't received but 600 ballots from the county clerk and I looked and it was a Whitehall ballot, regular official ballot with No. 2 district, and the number was 962, I think; nine hundred and something anyway; I asked Mr. Chapin where he got that ballot; he says, "I got it of the ballot clerk;" I says, "No, you didn't;" he says, "Yes, I did;" I said, " You know better; where is the other ballot you got ,of the ballot clerk;" he says, "I haven't got it;" I says, "You go back in the booth and look and I think you will find the ballot where you left it;" Mr. Chapin went back in the booth and produced the other ballot. > Q. What was done with the ballot he offered to vote ? A. The bal- lot was destroyed. Q. What did Mr. Chapin state as to where he obtained that ballot ? A. I asked him where he got that ballot, the Whitehall ballot, and my impression is he said — Mr. Roche. — I object to that. The Witness. — He said he got it either of Charles Barber or Eddie, one of the two. Q. Charles Barber and Eddie Barber are brothers ? A. Yes, sir. Q. Were you present when Daniel Barber came to vote? A. Yes, sir. Q. State what occurred at that time? A. He brought another official ballot from Whitehall, the same nine hundred and some odd number; I couldn't state exactly what the number was. Q. State whether he handed that out as the ballot he wished to vote? A. He did; I told him that was a mistake; we couldn't accept anything of that kind; that was a Whitehall ballot. Q. What occurred then ? Mr. EocHE. — I want to object to this matter as immaterial unless it is disclosed what the purpose is of this testimony. Mr. Ingalsbt — We think it is material that he show in each of these cases that those ballots came from the Democratic workers and we shall claim it was a conspiracy to get some of those ballots into the box so that the poll could be attacked. Senator Endbes. — Let it go in. 537 A. I asked him where his other ballot was and he took it out of his pocket. Q. That is the Easton official ballot he took out of his pocket ? A. Yes; and the Whitehall ballot was taken and destroyed and' he went back in the booth and came back and presented his ballot and it was accepted. Q. State whether each of the Whitehall ballots had a paster ballot affixed to them ? A. I should say they had from the feeling of the ballot. Mr. Roche. — I object to his surmising or speculating about it. A. I will swear they had paster ballots. Q. Did Daniel Barber make any statement as to whom he had received that Whitehall ballot from? A. He said Edilie gave him the ticket; that is his son, Edward Barber. Q. There was a man by the name of St. Mary voted at your polls ? A. Yes, sir. Q. What was his first name ? A. Eugene. Q. State whether he" was registered or not ? A. He was not. Q. When was that fact discovered? A. A very few minutes after he voted. Q. You were acting' as chairman at that time? A. Yes, sir; I was. ,Q. At that time you thought he was registered? A. I did; yes, sir. Q. State what you did afterwards in regard to that ballot? A. There was a ballot' drawn out. i Q. In the canvass ? A. Yes, sir. Q. And the ballot drawn out was a Democratic ballot? A. I couldn't tell now if I was under oath. Senator Endkes. — You are under oath. The Witness. — I know that; I know where I am. Q. You don't remember whether a Democratic ballot or a Republi- can ballot ? A. I do not. Gross-examination : By Mr. Roche: Q. Did you on that day receive the votes of persons without ascer- taining as whether they were registered or not ? A. I will tell you how that occurred; of course, we supposed every man, we took great pains in making oiit the registry list, and supposed every voter in the town was registered; he bonded in his ballot, there were several there, it was accepted and put in. Q. You don't answer my question; when a voter came in and announced his name and his age, did not the poll clerks refer to the 68 ,538 registry before he received any ballots at all, to ascertain if he was registered ? A. State that once more. Q. You understand what the law is on the subject of men applying for ballots? A. Yes; I do. Q. The voter comes in, and his name and his age and his place of residence, or his name and place of residence are announced ? A. Yes, sir. Q. And the poll clerks refer to the registry lists, or the inspectors do, to ascertain if that man is registered ? A. Yes, sir. Q. It is their duty to find that out before any ballots are given to that person by the ballot clerks? A.» It is, and I supposed the inspector that was taking care of the registry list had that seen to. Q. Did you give out any ballots that day ? A. No, sir. Q. What reason did you have to suppose ? A. I supposed when the ballot clerks gave out the ballots the man that checked them off looked on the registry list. Q. Did they look on the registry list in the case of Eugene St. Mary ? , A. Certainly they didn't; I supposed they had. Q. How many more cases of that kind occurred ? A. None. Q. Are you sure of it ? A. Yes, sir. Q. Were you acting on the " supposed " principle all day ? A. Our registration list shows pretty near. Q. Were you acting on the " supposed " principle all day ? A. No, sir. Q. This man received ballots and went into the booth? A. Yes, sir. Ql He was in there some time before he came out ? A. I couldn't say how long; long enough to prepare his ballots. Q. When ballots are handed to a voter, the number of the ballot is announced and is entered on the list ? A. On the poll list. Q. When he comes out, that number is announced ? A. Yes, sir. Q. During all this time no reference was made to the registry list to find out whether this man was registered ? A. There was one man taking charge of the registry list. Q. How many inspectors were there ? A. Three. Q. Did you refer to the registry at all during the day ? A. Yes, sir; some. Q. This man's ballot was received and deposited ? A. Yes, sir. Q. By reputation he is a Republican ? A. I have heard say that he was; I don't know what the man's politics is. Q. You know it was said the ballot that was drawn out was a Democratic ballot? A. I couldn't recollect. 539 Q. This Eeilly, is this the young man said to be not of age ? A. Yes. iQ. That was openly and publicly claimed ? A. Yes, sir. Q. You |iave heard since, he wasn't ? A. No, sir. Q. You have heard that he was? A. Yes; I have heard so; they applied to the family records and found he was 22 years of age. Q. Have you heard since the boy acknowledged on the day of elec- tion he wasn't of age ? A. No, sir. Q. Who came with him ? A. I couldn't say anybody came with him. Q. Can you say anybody didn't come ? A. There was nobody there to urge him to vote. i Q. If it has been testified here a prominent Republican worker brought him up to the polling place and urged him to go in and vote, are you prepared to say that isn't true ? A. I am not prepared to say it isn't. Q. I understood you to say that Mr, Chapin, wl^en he was first spoken to about these Whitehall ballots, claimed he got it from the ballot clerk ? A. Yes, sir. Q. Was that an official ballot to all appearance ? A. Yes, sir. Q. The county clerk of your county is a Republican ? A. Yes, sir. Q. Where were those ballots printed ? A. I couldn't tell you. Q. Did you ever hear ? A. I didr not. Q. The town clerk of yo'ur town is of what politics ? A. He has been a Republican. Q. Was he then ? A , Yes. Q. When were tV • ' lots given out ? A. That morning. Q. Brought thei\. .j sealed packages ? A. Yes, sir. Q. And broken open in the presence of the board? A. Yes, sir. Q. How far is Whitehall from Easton ? A. Thirty-six miles. Q. Any railroad between them directly ? A. Yes, sir. Q. What ? A. Johnsonville, and around that way. Q. That isn't a direct road ? A. Yes, sir. Q. How much is it by that road ? A. I couldn't say. Q. At least a hundred ? A. I would think not. Q. What do you think as to the number ? A. I sjiould think per- haps eighty miles. Q. What time of the day was this ? A. In the afternoon. Q. What time in the afternoon ? A. I couldn't tell you what time, because I didn't charge my mind with it. Q. About what time ? A. Along in the neighborhood of 2 o'clock. 540 Q. "Was there time to get from Whitehall to Easton between the time the polls opened in Easton and the time these men voted ? A. Yes; there is plenty of time, I should say. Q. Thirty-six miles, you say? A. Yes; one way, if you go by horse travel; by cars, I think eighty. Q. Do you think anybody drove to Whitehall that day and brought the ballots to Easton ? A. No; I have no reason to think so. Q. When was it he said to you he got it from somebody else ? A. Said so after he presented the ballot. Q. You say he said he got it from the ballot clerk ? A- Yes; he said he got it from the ballot clerk, but afterwards he told me where else he got it, for I pinned him down to know how he came with the ballot. Q. How old a man was he? A. In the neighborhood of thirty. Q. Did you open that ballot ? A. No, sir. Q. Did you open Barbers ? A. No, sir. Q. How do you know what was inside those ballots ? A. I haven't said what was inside of them. Q. Didn't you say there was a paster ballot inside of each one of them? A. Yes. Q. How do you know that ? A. I know by the feeling of the ballot. Q. Couldn't anything else feel that way ? A. Would be a pretty hard matter on that day. Q. Couldn't a piece of paper be rolled in it ? A. We don't generally suppose it is. Q. Did you know anything about it? A. No; by the feeling of the ballot. Q. That is the only way ? A. Yes, sir. Q. Was it a Democratic official ballot or Republican ofi^oial ballot? A. I couldn't tell you. Q. If it was a paster that was on the inside do you know the political complexion of the names that were on it ? A. I do not. Q. With the exception of the fact that it was Whitehall which was on it instead of Easton' was that ballot in all other particulars like the official ballots that were placed for distribution in your polling place ? A. I should say that it was; I didn't unfold the ballot. By Senatot Endbes: Q. You don't know what was in either of the two ballots ? A- No, sir. By Mr. Ingalsby: Q. When Mr. Chapin voted, as I understand you, he first stated that he received the ballot which he offered as a ballot to vote, from the poll derk ? A. Yes, sir. 541 Q. Afterward what did he say ? A. He said he got it from the Barber boy, Eddie or Charles; I don't remember whinh; I didn't charge my mind with it. Q. Then did he produce the ballot which he did receive from the poll clerk? A. Yes, sir; he produced four unfolded ballots. Q. Did Mr. Barber, when he voted finally, produce his other ballots? A. Yes, sir. By Mr. Eoohe: • Q. Where did he produce it from ? A. From his pocket. Q. How many official ballots were given out there to each voter? A. Four. Q. What were they? A. Democratic, Kepublican, Prohibitionist; I don't know as I could tell you what the other was, but there was four. Robert Donohue, being duly sworn, testified as follows: By Mr. Ingalsby: Q. Where do you reside ? A, Village of Greenwich, town of Easton. Mr. Inqalsby. — Mr. Donohue was called to meet some of the con- testants' testimony which is now disregarded, and I have no further questions to ask him. i Henry S. Severance, being duly sworn, testified as follows: By Mr. Ingaisby: Q. Where do you reside ? A. In the town of Easton, corporation of Greenwich. <^. What election district of Easton ? A. Second. Q. Do you know Alfred G. Eeilley ? A. Yes, sir. Mr. RooHB. — Is this for the purpose of proving Reilley's age ? Mr. Ingalsby. — Yes. Mr. EooHB. — You are getting a good deal on Reilley. Mr. Ingalsby. — Wp haven't anything on his age yet. Q. Are you acquainted with his mother ? A. Yes, sir. Q. For what length of time have you known his mother? A, Twenty-tw6 years. Q. Where has ReiUey made his^ home for a number of years ? A. He has lived with me perhaps as much as anywhere; he has lived with me perhaps a third of the time for the past seven years. Q. You knew his mother in the winter of 1869 and 1870? A. I did Q. What were you doing that winter — what enables you to fix that winter in your mind ? A. I dug potatoes and chopped wood, with his father in Argyle. 542 Q. Do you know of the time of the birth of this boy ? A. Yes, sir. Q. When was it ? A. The 9th day of April, 1870. Q. Were you present when this young Reilley offered his vote at the election last fall ? A. I was. Q. State what happened at that time ? A. When he entered the hall to vote John Keegan tried to drive him away, threatened to have him arrested. Q. State what he said and did ? A. Told him to leave the hall and go away; he wasn't a voter and had no business there; if he did not go away he would have him arrested. Q. What further was done ? A. That he would have him arrested if he tried to vote; when he proceeded to get his vote and found he was challenged he swore in his vote, and Keegan tried to drive him away from it then. Q. State what he did? A. Told him if he voted he would have him arrested or tried to put in his vote he would have him shut up. Gross-examination : By Mr. Roche: Q. What did the young man say about his age; what did Eeilley himself say? A. He said he was one and twenty^ Q. Was he in doubt about his age himself? A. No, sir. Q. Did Keegan profess to be informed as to his age? A. Only from public opinion, I guess. Q. Who else participated in the discussion ? A. There might have been three or four; I think there was. Q. Did you? A. Yes, sir; I talked with men about his age; I told them he was one and twenty and a right to vote. By Senator Ekdres: Q. Did Keegan have him arrested ? A. No, sir. William Kibby, being^duly sworn, testified as follows: By Mr. Wellington : Q. Where do you live ? A. Hoosick Falls. Q. What district? A. Eighth. Q. What 'Street? A. Lyman. < Q. Do you know Dan Kirby ? A. No, sir. Q. There was a Daniel Kirby registered from Lyman street last November; do you know him? A. No, sir. Q. Ever hear of him ? A. No, sir. Q. Was there any such man living in Hoosick Falls last fall ? A. Not that I know of. 543 Q. How long have you lived on Lyman street ? A. Fourteen years or over. Q. Do you know John Kirby and David Kirby ? A. I do. Q. They were witnesses here last night? A. So I understand. Q. Did you vote last November ? A. I did. Q. Do you know Elmer E. Barnes ? A. Not personally. Q. Did you on election day November last go to Mr. Barnes and ask him for money ? A. I did not. Q. Did Republicans on,that election day approach you and keep you away from th'e polls ? A. They did not. Q. You may ask him. Mr. EooHB. — Nothing. William J. Cbonan, being duly sworn, testified as follows: , By Mr. Wellington: Q. Where do you live ? A. Hoosick Falls. Q. What street ? ' A. Lyman. Q. What district? A. Eighth. Q. Were you a voter last fall ? A. Yes sir. Q. Were you registered ? A. Yes, sir. Q. Did you vote? A. Yes, sir; I did. Q. Do you know Elmer E. Barnes ? A. Not personally. Q. Did you go to Mr. Barnes on election day in November last and ask him for money ? A. No, sir. Q. And after that did Republicans approach you and keep you away from the polls? A. No, sir. Q. What other Cronins live in your district? A. Bill Croninand his son William. Q. One of the Cronins was here last evening? A. Yes, sir. Q. Do you know which one ? A. The father. Q. The father of the young man -who is here to-night? A. Yes, sir. Gross-examination : By Mr. Eoohb: Q. Were did he work then? A. I couldn't tell you. Q. Where does he work now ? Ai Works in Hoosick Falls, Q. The one who was here last evening ? A. Yes, sir. By Senator Endres: Q. Did you ask any one for any money on election day to vote ? A, No, sir. 644 William Cronin, Jb., being duly sworn, testified as follows: By Mr. Wellington: Q. Where do you live ? A. Hoosick Palls. Q. What district ? A. Eighth district. Q. Was it your father who was sworn here last evening ? A. Yes, sir. Q. Did you vote last November ? A. Yes, sir. Q. Do you know Mr. Barnes ? A. Yes, sir. Q. Did you on election day in November last go to him and ask him for money ? A. No, sir. * Q. And after that did Eepublicans approach you and keep you away from the polls ? A. No, sir. Q. Do you know of any other Cronins than your father and the last witness and yourself living in that district? A. Yes, sir. Q. Who are they ? A. A brother to the young fellow who is here. Q. What is his name ? A. John, I guess. Q. He was not registered, do you know whether he voted last year ? A. I do not. Gross-examination: By Mr. Eoche: Q.' Where did your father work last fall ? A. At Schenectady. Q. Was he at the Edison works in Schenectady? A. No; he wasn't at the Edison works ; he worked in the city of Schenectady. Q. He was working there in the month of November? A. I think it was. . Q. Was it your father Mr. Barnes wrote to to come and state if he came home to vote he would pay his railroad fare ? Mr. Wellington. — I (Jfeject to it unless this witness knows. The witness was on the stand last night. Q. Do you kno'^f of his being written to to come home ? A. He was not; I guess. Q. I don't want your guesses? A. He wasn't wrote to. Q. Do you know that ? A. Yes, sir. Q. Did he come home for the purpose of voting? A. He came home; yes, sir. Q. Did you hear about his being paid his railroad fare ? A. No, sir. Q. You didn't hear it ? A. I did not hear it. Q. Who came home with him ? A. I think there was a man by the name of Riley. Q. Then Barnes is right ? 545 Mr. Wkllinqton. — We don't deny Barnes paid some men's railroad fares. What has that got to do with this man ? Mr. EooHE. — Go a little farther. Mr. Wellington. — I don't deny but Mr. Barnes stated some things that were true. Mr. EooHE. — I didn't suppose you would admit there was any truth whatever in Barnes. Mr. Wellington. — He is too shrewd not to tell some facts. Q. You heard about your father and Eiley coming home to rote ? A. Yes, sir. Q. Did you hear anything about their coming home pursuant to any request that was made and promise that they would be paid their railroad fare ? A. No, sir. Q. You didn't hear that part of it? A. No, sir. By Senator Endbes: Q. Did your father tell you he was written to come home ? A. No, sir. Q. How did you know it ? A. I didn't say he was written to. Q. Did you approach anybody else on election day for any money to vote ? A. No, sir. Fbed M. Tatlob, being duly sworn, testified as follows: By Mr. Ingalsby: Q. Where da you reside? A. Easton. Q. In what election district ? A. No. 1. Mr. Ingalsbt. — Mr. Taylor is one of the witnesses that is called to meet the testimony that is now disregarded. That is all. William A. Cahill, being duly sworn, testified as follows: By Mr. Wellington: Q. Do you ^esire to make a correction in your testimony ? A. If the official stenographer's report was correctly sent out, the testimony in regard to Mr. Warden, where I met him on election day, was wrong sent out \)j the papers; I saw the gentleman in Mr. McGraw's house, not in the saloon. Q. The papers stated it was in the saloon ? A. Yes, sir; I saw him in the house in private apartments. Michael J. Eabley, being sworn, testified as follows: By Mr. Wellington: Q. Where do you live ? A. Hoosick Palls. Q. What district ? A. First district* 69 546 Q. Were you a Democratic inspector there at the last election ? A. Yes, sir. Q. A Mr. Campbell has sworn to there being marked ballots found in the ballot box at the close of election; state whether there were any marked ballots ? A. No, sir; not that I saw myself. Q. How many of the ballots did you examine? A. There were three inspectors, and we canvassed the vote. Q. Did you look at each ballot? A. Not each ballot. Q. Those that you did look at were there any marked ballots? A. No, sir. Q. Any mark upon them of any kind; any fictitious names upon the ballots that you examined ? A. No, sir. Q. Any circles or marks opposite the names of any candidates? A. No, sir. Q. Did you see any electioneering done within 150 feet of the polls by Democrats ? A. I was on the board all day, and I saw nothing. Q. Did you see any electioneering within the room ? A. No, sir. Q. You are a Democrat? A. Yes, sir; I am. Cross-examination : By Mr. Eoohb: Q. Who were the other inspectors ? A. Mr. B. W. Stillman, who testified last evening, Jeremiah Shay and myself. Q. How many ballots were cast in your district ? A. Three hundred and fifty-three for governor. Q. You didn't handle all those ? A. No, sir; I helped to count during the evening. Q. You don't pretend then that you saw all the ballots ? A. I did not see all the ballots. Q. You are not now able to state what was on all the ballots that you actually did see ? A. I am able to state, as I have ^.Iready stated, that there were no fictitious marks or names of any character. Q. Are you able to state the name for the candidate of justice of sessions was not written over on the ballots, that you saw the names of somebody else written on ? A. Yes, sir; there were 351 votes for justice of sessions, and there were only two more votes polled. Q. Are you able to state that on those that you saw the name of the candidate for justice of sessions was not written over, and the name of somebody else written on by a voter, on any of those ballots that you saw? A. Yes, si^; I am. Q. Were there any erasures upon any ballots you saw ?" A. No, sir. 547 Q. They were all straight ballots, from top to bottom ? A. I don't mean that. Q. What do you mean ? A. I mean the tickets were scratched. Q. What name was scratched ? A- I couldn't tell you. Q. Was that the Governor in any case? A. I think there was one or two cases of Grovernor that I saw. Q. Was it the Senator in any case ? A. I think there were a few. Q. That of Lieutenant-Governor in any case ? A. Yes, sir. Q. That of State Comptroller in any case ? A. I don't remember that. Q. Do you remember all the cases in which they were ? A. No, sir. Q. Or the number of them ? A. No, sir. Q. Are you prepared to say that the name of justice of sessions was not erased in any case whatever ? A. I am not. Q. What proportion of those ballots do you think you saw ? A. I think I saw about my share. Q. What is your share, about one-third ? A. Three hundred and fifty; about eighty ballots, perhaps; perhaps more than that, I think. Q. Who was chairman of the board ? A. I was. Q. Who .did the principal work of canvassing and counting ? A. Jeremiah Shay, E. W. Stillman and myself. Q. Was Mr. Campbell there ? A. He was not inside the railing. Q. Was he outside? A. I think he was. Q. Was he a watcher ? A. No, sir. Q. What was he? A. He was a spectator the same as several others who stood outside the rail. Q. Are you prepared to say that his statement to the effect that in a number of cases the name of the candidate for justice of the sessions was erased and that of some person else written on is untrue ? A. No, sir; I am not. By Mr. Wi^lin&ton: Q. Did you see written on any of the ballots that you examined any odd name ? A. No, sir. Q. Did you see written or printed on any of the ballots that you i examined the name of any person who was not running for office ? A. No, sir. Q. Did you see on any of the ballots by you examined the name of a person misplaced for the office for which he was a candidate? A. No, sir. Q. Where there any such instances called to your attention by any of the inspectors or >ratpbers while th^ oanyasa of the votes was pro- 548 greasing? A. No, sir; I never 'heard it until I read the testimony in the newspaper. Q. It was not talked of by you at that time ? A. By nobody about the polls. Q. One of your associate inspectors was a Democrat ? A. Yes. Q. What was his name ? A. Jeremiah Shay. Q. The other was a Eepublican, what was his name? A. E. W. Stillman. Q. What district were you an inspector in ? A. First district. D. HoEATio Snydee, being duly sworn, testified as follows: By Mr. Wellington: Q. What are your politics ? A. I am a Democrat. Q. From Hoosick Falls ? A. Yes, sir. Q. What district ? A. First. Q. What position did you hold on election, in November last ? A. I was clerk of the election board. Q. You were then acting as one of the Democratic poll clerks ? A. Yes, sir. Q. What did you do wheru-they canvassed the votes cast in that district? A. Kept a vecord of the number of votes received by each candidate. Q. As the names were read off you would keep tally ? A. I did. Q. Were any names read off to you that evening of any fictitious persons? A. No, sir. Q. Were there any odd names read off to you as candidates in office ? A. No, sir. Q. Have you read or heard of Mr. Campbell's testimony given to the effect that nine, eleven or thirteen odd or fictitious names were written upon Eepublican tickets ? A. Not until to-night. Q. You had not heard of that ? A. Never heard of it. Q What do you say as to the fact; is that true? , A. Not to my knowledge; I don't know anything about it. Q. You didn't see the ballots yourself ? A. I didn't touch any. Q. No siich instances were brought to your attention ? A. None whatever. Q. There was no talk by the inspectors at the time of any such thing ? A. I didn't hear a word to that effect. Q. What is your business ? A. I am a teacher at the Hoosick Falls high school. Q. Have been for how long ? A. I have been teaching in Hoosick Falls nearly five years, but in the high school since about the first of last January. 649 Geoesb Van Hyning, being duly sworn, testified as follows: By Mr. Wellington: Q. Where do you reside? Ai Hoosick Falls. Q. What district 1 A.. Eighth district. . Q. Were you a Eepublican inspector at the election held in Novem- ber last 1 A. Yes, sir. Q. Were there any marked ballots found when the votes were can- vassed ? A. Not that I saw. Q. Did you hearof any instances at that time ? A. No, sir. Q. Was your attention called by the other inspectors to any? A.' No, sir. Q. Or by any watcher ? A. No, sir. Q. I mean by marked ballots, ballots containing the names of ficti- tious persons; your answer covers that? A. Yes, sir. / Q. Did you see any ballots or hear of any ballots on which there were marks opposite the names of any of 'the candidates, pencil marks or other marks ? A. No, ,sir, Q. Who were the other inspectors ? A. John Gaffney and Thomas Keenan. Q. Were they Democrats ? A. Yes. Q. What did you observe by way of electioneering by Democrats inside the room on election day; did ^ou see anybody electioneer inside the polling place oa election day ? A. Yes, sir. Q. Who? A. Peter Gaffney. Q. Is he a Democrat or Eepublican ? A. A Democrat, I believe. Q. See any other Democrats inside the room ? A. I can't say that I did. Cross-examination: By Mr. Roohe: Q. How many vote? were cast in your district ? A. As near as I can remember I think 287. Q. Did you examine all the ballots ? A. No, sir; I did not. Q. Do you pretend to say that the name of a candidate for justice of sessions was not erased in a number of cases? A. All the candidates were erased in some cases. Q. Was that the justice of sessions ? A. I couldn't say. Q. Ypu won't say it was not ? A. *I wouldn'tj no, sir. Q. What did Mr. GafEney -do there ? A. I saw him come in with men hf re, with voters that came inside the rail after he left them. Q. Men he brought up to vote, accompanied to vote ? A. Yes, sir. 550 Q. is this the district Mr. Barnes was in ? A. Tes, sir. Q. Do you know Mr. Barnes ? A. I do. Q. How long haye you known him ? A. I have known Mr. Barnes about five years. Q. What is his reputation in your community, good or bad. A. I couldn't say. Q. I don't mean as a sharp political worker, or an active person, but his general reputation ? Senator Endbes. — As a man. • A. They told me — Q. I don't mean what they told you, what you know about it generally from the speech of people ? A. I know nothing bad about the man. , Mr. Wellington. — That is not the question. Q. From the speech of people in your community what do you say as to his reputation; is it good or bad? A. I couldn't say it was over fair. Q. Are you keeping out now about political considerations ? A. Tes, sir. Q. Is it mostly on political matters you have heard him talked about? A. Partly. * Q. He has been a very active worker there ? A. Very. Q. Excited some political animosity ? A. Tes, sir. By Mr. Wellington: Q. He has excited animosity within the Democratic party itself? A. I should say so. Q. Did you see Mr. Barnes in the room that night the ballots were counted ? A. I did. Q. When did he leave the room ? A. I think he left immediately after the head of the ticket was counted. Q. Mr. Barnes testified as to certain marked ballots, in which the justice of sessions name was marked; was he present when those fiames were counted ? A. No, sir. Q. He wasn't in the room ? A. He was not. By Mr. Eoche: Q. What time did you say he left ? A. He left immediately after the Grovernor or Lieutenant-Governor; I wouldn't say which, was counted. Q. To ascertain the vote for Governor or Lieutenant-Governor, you had opened all the ballots ? A. Tes. 551 Q. The names of all candidates were visible ? A. Yes, sir. Q. And anything upon the ballots was visible ? A. The ballots on top would be yisible. Q. When you opened the ballot to count, who was on for Governor or Lieutenant-Governor, any other name was visible, was it not? A. Yes, sir. , By Mr. Wellington: Q. One man couldn't see three piles at once 1 A. Not very well. Q. There were three piles ? A. Tes, sir. Q. Each inspector had a pile to count ? A. Tes, sir. Q. Where was Barnes standing? A.' At the head of the table; it wasn't near me. ^ Q. Could he from where he was standing, see whether a name for justice of sessions was erased on one of the ballots that you were inspecting? A. Not on mine he couldn't see. By Mr. Eoche: Q. Could he on the others ? A. On one of the others he could. William J. Tomlinson, being duly sworn, testified as follows: Examined by Mr. Wellington: Q. Where do you live? A. Hoosick Falls. Q. What district? A. Eighth. Q. Where do you work ? A. I work in Wood's. Q. Were you present at the polling place in the eighth district on election day, in November last ? A. Tes. Q. Were you there when the count was had ? A. I was. Q. Did you see Mr. Barnes there ? A. Tes, sir. Q. When did Mr. Barnes leave ? A. Immediately after the head of the ticket was counted; he sat right opposite me. Q. When the head of the ticket was being cciunted, was he sitting or standing ? A. He was sitting. Q. Do you know whether he was examining each ticket that was counted ? A. I don't know whether; he was looking at them or not; didn't handle any of them. Q. How were the tickets counted; when a ticket was counted would it be taken ofiE the pile ? A. Tes, sir. « Q. Were you there during election day ? A. I was. . Q. Did you see any electioneering done by Democrats inside the polling place? A. I don't know as I did; I saw a good deal of whispering. 652 ■ Q. What have you to say as to their being marked ballots discovered on the night of election? A. I didn't see any. Q. Did you hear of any at that time ? A. No, sir. Q. Was the attention of anybody called to any ? A. Not marked ballots. Q. Was the attention of anyone called to any ballot which con- tained a fictitious name ? A. No, sir. Q. Or the name of candidates with marks opposite ? A. Not as I remember; no, sir. Q. I understand Mr. Barnes swore you went around and kept minute of these marked ballots; is that true ? A. No, sir. Q. Did you keep any such minute ? A. No, sir. Q. How long did you remain there ? A. After the vote was counted. Q. Were you sitting all the time ? A. I was. Gross-examination : By Mr. Eoohb: Q. How long did you remain ? A. Stayed after all the ballots were counted; all the names. Q. Who were you sitting next to ? A. Eiley, I think. Q. What was he ? A. I don't know what he was. Q. Was he counting ballots ? A. No, sir. Q. Who was the nearest who was counting ballots to you ? A. Tommy Keenan. Q. Were they divided up into three piles ? A. Yes, sir. Q. Did you see them all ? A. I saw one pile. Q. How far was Barnes from you ? A. Barnes sat right across the table from me. Q. He was looking at some other pile ? A. No; if he saw any pile it must have been the pile I was looking at. Q. You don't know he didn't see the others ? A. I don't know he didn't. Q. Mr. Barnes was asked, " What, if anything, did you observe about writing on any of the ballots ? A. I noticed there were several of justice of sessions that were marked with different names; I couldn't remember how many; I think it was seven or nine; it was as much as seven and it might have been nine;'' are you prepared to say there were not seven ballots that were not thus marked? A. Certainly I am not. 553 By Mr. Wellington: Q. Did you see each ballot on the pile in front of you ? A. I did.' Q. Are you prepared to say there were not any marked ballots marked in the way counsel has just read ? A. Not on the pile I have seen. Q. If Mr. Barnes' testimony related to that pile, was it correct, do you know ? A. I feel pretty positive it is not so. By. Mr. Eoche: Q. Were there any erasures upon any of the names of the ballots you saw ? A. I don't remember of any. Q. Do you mean to say they were all straight ? A. I think there was one mi Fassett. Q. On anybody else ? A. Not that I seen, not that I remember of. Q. Is your recollection so clear that you will swear there were not on any others ? A. No, sir; I Swear there were none that I saw. By Mr. Endees. Q. What are your politics ? A. Eepublican. Q. Any Republicans working inside the polls that day ? A. I didn't see any. Charles C. Holman, being duly sworn, testified as follows: By Mr. Wellington : Q. You reside in Hoosick Falls, eighth district ? A. Yes. Q. Were you a Republican worker at the polls last election 1 A. I was. Q. Were you present at the canvass of votes in the evening? A, Yes, sir. Q. Where did you sit ? A. I stood. Q. Did you stand in one particular place? A. No; I kept walking around; quite full. Q. Did you see any marked ballots ? A. Did not. Q. Did you see any ballots on which fictitious names were written? A. I did not. Q, Or names of candidates misplaced on the ticket ? A. I don't remember any. Q. Was there any talk there that night of any such ballots? A. No, sir. Q. Did-you see Mr. Barnes there ? A. Yes, sir. Q. Where did he sit ? A. Right by the side of me. Q. When did he leave ? A. Soon after the head of the ticket was counted. 70 554 Q. Could you see from where you were sitting, and could Mr. Barnes see^ from where he was sitting, more than one pile of tickets so as to read the names ? A. I don't think he could. Q. Did he at that time say that there were any marked ballots; did he claim there were any ? A. I don't remember that he did. Q. Were you about the polls on election day? A. Yes, sir. Q. Did you see any Democrats electioneering within 150 feet of the polls ? A. No, sir; I can't say that I did. Q. Did you work within 150 feet of the polls ? A. I was a watcher inside. Q. Did you see any Republicans working inside ? A. No, sir. Gross-examination : By Mr. Roohe: Q. What do you mean by "marked ballots;" what did you under- stand Mr. Wellington meant by " marked ballots ? " A. I understand the printed name is crossed off and another one substituted. Q. That the printed name is erased and another name is either pasted or written over that, you call it a "marked ballot; " were there no such at that polling place ? A. I think I remember of seeing some pasters put over names. Q. Was there no writing over any ballot whatever ? A. I don't remember of any. Q. Are you prepared to say there" was not ? A. No, sir. Q. About how many of them do you think you saw of the total number; did you see as many as a third of them? A. I saw them all; I was walking all around the table. Q. You didn't see them all at one time ? A. No. Q. I suppose they were counting them ? A. They were couitting them. Q. Bringing them to the top and putting them to the bottom again as they were counted ? A. Yes, sir. Benjamin A." Worden, being duly sworn, testified as fojjows: By Mr. Wellington: Q. Where do you reside ? A. Hoosiok Falls. Q. What district? A. Fifth. Q. You were a Republican inspector in the fifth district in Novem- ber last 1 A. Yes, sir. Q. Did you assist in the canvass of the votes ? A. Yes, sir. Q. What do you say as to their being marked ballots ? A. I did not see any. 555 Q. Did you see any ballots that contained the names of fictitious persons ? No, sir. Q. Did you see any ballots that contained erasures with the names of other candidates for other offices written over them ? A. Not written; I saw one pasted over. Q. For what office was it? A. I- think Michael P. Collins' name over another man's name. Q, It wasn't over Mr. Derby's name ? A. No, sir. Q. How many ballots did you see ? A. I saw about one-third of them. Q. Who were the other inspectors ? ' A. Marsh Phalen and Con Harrigan. Q. They were Democrats ? A. Yes. Q. Did you hear them claim then and there there were any ballots with fictitious names on ? A. No, sir. , Q. Was there any such talk about anybody in the room at that time ? A. No, sir. Q. When did you first hear of any such thing ? A. To-night is pretty near the first time I heard of it. Cross-examination : By Mr. Roche: Q. Who was that ballot counted for ? A. I think it was counted for Mr. Collins. Q. Was that the only ballot you saw anything written on or pasted on? A. No, sir. Q. There were others ? A. Yes, sir. Q. How many others ? \ A. Quite a number where the names were erased and other names of the candidate running for some office was written on. Q. What cases were those ? A. I couldn't remember. Q. Any of justice of sessions ? A. Yes, sir. Q. How many ? A. I cO|Uldn't say. " Q. Do you know what name was written on ? A. No, sir; I do not. Q. Are you related to the member of Assembly ? A. No, sir. Py Mr. Wellington: Q. When you say a name was written on, what was the name writ- ten on; pf a candidate for the same office; when the name of a justice of sessions was erased and another name written on, was that other name a fictitious name? A. No, sir. , Q. Was it the name of a candidate for any other office than the. justice of sessions ? A. I don't think it was. 556 Q. Was it the name of a candidate for justice of sessions ? A. I couldn't tell. Q. What was it then; can you tell how many instances there were of justice of sessions names that were erased? A. No, sir; I can not. Q. Were there any considerable number ? A. There were quite a number. Q. Were the names that were written in the names of candidates for office of justice of sessions ? A. On a Prohibition ticket there was quite a number of names written on. Q. On the Eepublican ticket ? A. I don't remember of any splits being on that ticket. Q. You don't remember of a Eepiibliean ticket which contained the name of justice of sessions erased? A. I do not. Q. Were there any Democratic tickets of that character? A. I think there were. Q. How many ? A. Quite a number. Q. So that the tickets that were marked in that way, meaning by marked what I have described, were the Democratic tickets and the Prohibition ticket? A. Every ticket that was marked there was a name scratched put and the man that was running for office written in or pasted in. Q. For the same offibe ? A. For the same office. Q. Did that occur on Eepublican tickets? A. It did on some of them. Q. For justice of sessions? A. Yes, sir. Q. Did it occur on Democratic tickets ? A. I think it did. Q. On Prohibition tickets ? A. Yes, sir. By Mr. Eoche : Q. Who was running for justice of sessions on the Prohibition ticket ? A. I have forgotten. Q. If the name was erased on that ticket, what name was written on instead ? A. I think it was Donohue. Q. Who was he ? A. I don't know him. Q. Was he running for the office ? A. I think he was. Q. As a Prohibition candidate ? A. No, sir. Q. What party nominated him ? A. A Democrat or Eepublican; I couldn't tell you now which. Q. Don't you know there was no such nomination by either party of any such man? A. I couldn't tell you. Q. How many are you ready to say there were erased on the Demo- cratic ticket ? A. I wouldn't say there was any number. Q. How many were erased on the Eepublican ticket ? A. I couldn't tell you. 557 Q. There were some ? A. I think there were. Q. And some other name written over ? A. Yes, sir. Q. That name you don't know ? A. No, sir. Q. lou don't know whether it was the name of a person who was actually nominated for the offipe or not? A. It was; I couldn't tell you the name. Q. Was it the name of a Democrat? A. I couldn't tell you. Q. Was it the name of a Prohibitionist ? A. I couldn't tell you. Q. Did you help canvass those votes ? A. Yes, sir. Q. Your attention' was called to all the names ? A. Yes, sir. Q. You signed the returns? A. Yes, sir; there was no votes cast for anybody in the district only those that were on the ticket. Q. I don't suppose there were; what name was written on any of them? A. I couldn't tell you. By Mr. Wellinaton: Q. Why can't you tell ? A. I can't remember the names. J Q. You can't remember the names of the candidates ? A. No. Q. Do you know it was not a fictitious name ? A. I do. Q. You know it was not the name of som!e person who was not on some regular ticket? A. Yes. By Mr. Eoohe: Q. One of those names you think was Donahue ? A. I couldn't say he run for that office or not. Q. There was a man named Donahue running for some office on one of those tickets ? A. Yes, sir. Q. What office was it ? A. I coiildn't tell you. Q. On what ticket? A. I couldn't tell you. Q. What was he running for ? A. I couldn't tell you. Q. Did you elect any local officers in Hoosick Falls last fall? A. No, sir. Q. Don't you know there was no Donahue nominated by either the Democratic, Eepublican or Prohibitionist party, for any office that was on the ticket, last fall ? A. I couldn't swear. Q. You think the name of Donahue was written on one of those tickets ? A. I wouldn't swear to that name. Q. You said a little while ago you thought it was ? A. I think so. Q. You think so still ? A. Yes, sir. By Mr. Wellington: » Q. That was written in on the Democrat ticket ? -A. I wouldn't say what ticket it was written on. 558 Q. You don't know whether it was the Republican ticket ? A. No, sir; I wouldn't say either one. James Gr. Byabs, Jr., being duly sworn, testified as follows : By Mr. Wellington : , Q. Where do you reside ? A. Hoosick. Q. What district ? A. Fourth. Q. Were you present at the polls on>)Blection day in November last? A. I was. ' Q. In what capacity ? A. Inspector. Q. Republican or Democratic ? A. Democratic. Q. Did you partibipate in the canvass of votes ? A. I did. Q. Did you see any marked ballots? A. No; I did not. Q. Did you see any ballots containing the names of any fictitious persons ? A. I did not. Q. For any office ? A. No, sir. Q. How many ballots did you see ? A. Somewheres about a hundred, I should say. Q. They were divided up among the inspectors ? A. Three different piles. Q. Was there one Democrat and one Republican inspector besides you 1 A. Two Democrats. > Q. You were a Republican ? A. Yes, sir. Q. You said you were a Democrat ? A. I made a mistake. Q. Was there any claim made by the other inspectors, or by any one that night, that there were any marked ballots or any ballots con- taining the names of any fictitious persons ? A. I think not. Gross-examination : By Mr. Roche: Q. About how many votes were cast in that district? A. Some- where about 300. Q. You think you handled about one-third of the ballots ? A. Yes. Q. Were there any erasures on any of those you handled ? A. There was not. Q. No name was either pasted over or written over ? A. Oh, yes; some pasted ballots. Q. Were there a number of them ? A. Yes ; there were. Q. And of different persons for different offices ? A. Yes. Q. Can you state what the others were? A. I could not; I remember Lieutenant-Governor was scratched and Mr. Collins, I believe, was scratched; I think I had one in my pile. 559 Q. There is quite a mill in your district ? A. A paper mill there. Q. Who runs that mill ? A. "Stevens & Thompson. Q. Mr. Thompson is what, politically ? A. I think he is a liberal. Q. Last fall wasn't he quite active as a worker ? A. No, siy. Q. Was it Mr. Stevens, wksn't he there 1 A. Yes, sir. Q. He. is a Republican worker? A. Yes, sir. Q. What other names were scratched? A. I couldn't say posi- tively just now. * Q. Are you prepared to say the name of the candidate for justice of sessions was not scratched ? A. I don't think I had any in what I counted. Q. Are you prepared to say it wasn't ? A. I don't think it was. Q. Even on what you counted ? A. I don't think it was. Q. I am asking you about the fact ? A. Wasn't in what I counted. Q. Are you prepared to say there wasn't any erasures made ? A. Not in what I counted. Q. What officers were erased besides Mr. Collins and the Lieutenant- Governor ? A. I don't know as I can bring it to mind just now. By Senator Endbes: Q. Was Mr. Derby's name erased ? A. I couldn't say positively. John F. Burkin, being duly sworn, testified as follows : By Mr. Wellington : Q. Where do you reside ? A. Troy; eleventh ward. Q. Did you go to the polls to vote last election ? A. I did. Q. What is your business ? A. Letter carrier. Q. What are your politics ? A. Eepubliean. Q, Did you vote in November, 1891 f A. Yes. Q. What time in the day ? A. noon-time. Q. Where were the polls ? A. Corner First and Adam. Q. Find a crowd there ? A. Not very large crowd. Q. State what occurred ? A. Nothing occurred in that district. Q. Were you present, at the polls in the first district ? A. I was. Q. What time of day? A. About a little after 2 in the afternoon. Q. State what occurred there ? A. I went in there; there was quite a number of men there, and an inspector stood up and read the law about that. Q. What inspector ? A. He was a Eepubliean inspector, I believe. Q. Then what happened ? A. He asked the officer to clear the room. Q. What law was it he read ? A. He told them it was contrary to law to have a number of people inside the polling district. 560 Q. What officer did he speak to ? A. I don't know his name. Q. Is he a Democrat or Eepublican ? A. I couldn't say. Q. What did the officer say ? A. I didn't hear him say anything. Q. Then what happened ? A. He said, " The mayor is here and all his followers." Q. Who said that ? A. The inspector. Mr. RooHE.^ This Eepublican inspector ? The Witness. — I believe he was Eepublican. Q. Do you know his name ? A. I think it was Parks. Q. Then what happened ? A. Whalen asked him to come and put him out. Q. Who was Whalen 1 A. Mayor, I believe. Q. Whalen came to whom? A. Whalen told Parks to put him out. Q. Put who out ? A. Himself oat. Q. What did Parks say? A. Parks said he •could do it; he says, " Why don't you come here and do it ?" That is all I heard. Q. Was there any disturbance ? A. Eight after that there was the disturbance; the crowd rushed in there and there was a general fight and the ballot boxes were overturned and I got out at that time. Q. Do you know what became of the ballots 1 A. No, sir. Q. Do you know whether there was any voting there during the disturbance? A. No, sir; I do not. Q. For how long a time was the disturbance ? A. Probably about ten minutes. Q. Did the officer clear the room ? A. I didn't see him. Q. Where did you see Mayor Whalen? A. He was outside the railing. Q. Did you see any men inside the rail ? A. I saw men going in there. Q. How many men were there in the room ? A. There was more than four or five; Parks stood up. Q. When the disturbance came, how many were there ? A. I couldn't say. Gross-examination ; By Mr. Eoohe: Q. Where do you live ? A. Eleventh ward. Q. What place in the ward ? A. In the second district. Q. What place in the ward ? A. Two hundred and forty-five Second. Q. Where did you vote? A. Voted in the second district; I believe it is the second. 561 ' Q. You say nothing occurred in that district over at the corner of Adams street? A. Not that I seen. Q. What time did you vote ? A. About 11 o'clock, or little after. Q. What did you do after you voted ? A. Went back to my work. Q. When did you go back to this other district? A. Probably quslrter after 2. Q. Did you have your mail with you then ? A. Yes, sir. Q. You were on your route ? A. Yes, sir. Q. Where was this district ? A. It was on Hill street, below AdaYns. Q. Did you have a letter for anybody in that house ? A. I did. Q. Who ? A. I believe his name was Burke. Q. Who lived in that house upstairs or downstairs ? A. He was in there; he was an inspector. Q. What was his first name? A. I am not sure; I think it was Michael. Q. Was it his place of residence ? A. No, sir. Q. How did you come to go there to give him the letter? A. Because it was directed there. \ Q. Who directed you? A- The letter was directed there. Q. Was that his place of residence ? A. No. Q. Did you know his place of residence ? A. Yes, sir. Q. You knew he didn't live there; why didn't you go where he did live ? A. I went where he was. Q. That is what took you? A. I went where he was to deliver the letter. Q. Did you deliver the letter ? A. I did. Q. What was this Parks ? A. He was an inspector, I think. Q. Are you sure about that? A. No; I am not positive. Q. Are you sure he wasn't a poll-clerk? A. No; I am not positive of it. Q. He undertook to read the law, did he? A. He stood up and told them it was contrary to law. Q. Were you in there then ? A. I was. Q. What police officer was in there? A. I don't know what his name was. Q. What time was this? A. A little after 2. Q. What was the first you saw of the mayor ? A. Just the time he spoke. Q. Do you know him ? A. Yes, sir. Q. You said you " believed," as if you were in doubts about the identity of the man; are you sure you do? A. No, sir; I am not at all in doubt. 71 562 Q. What did you say you " believed " it was him for ? A. Did I say I "believed?" Q. Yes. A. I am positive it was him . Q. There was some rumpus there? A. Yes. Q. Did he come in to see about it ? A. He was in there wien the rumpus took place, I think. Q. Is that in his election district; he lived but a short distance from it ? A. I don't know where he lives. Q. Does your mail route embrace his place of business ? A. No, sir. Q. Where does your route go to ? A. Extends to the corner below of Jefferson street. Q. Do you go to the south side of Jefferson street at all ? A. No, sir. Q. Have you ever been along Jefferson street ? A. Yes, sir. Q. Between Hill and Fourth ? A. Yes, sir. Q. Do you know where Mayor Whalen's place of business is ? A. Yes. Q. What did you say a little while ago you didn't know? A. You asked me where his residence is; I don't know whether he lives there or not. Q. Have you any idea about it ? A. No, sir; no idea. Q. Parks wanted to get into a fight with the mayor? A. I don't know. Q. Apparently he did, didn't he ? A. I didn't judge it at all. Q. He wanted the mayor to put him out, or he wanted to put the mayor out ? A. He told the mayor it was contrary to law and told the officer to clear the room. Q. He told them all that? A. He did. Q. How long did you stay there ? A. About five minutes. Q. Were there persons in the voting booths during that five minutes ? A. Yes; there were people voted during that time. Q. Did there people come in and get their ballots ? A. I didn't see any others. Q. Are you ready to say there weren't ? A. No, sir. Q. You don't know what occurred there after that ? A, No, sir. Q. Was this Parks sober ? A. I couldn't say. Q. Don't you know he was drunk ? A. No, I did not. Q. Did you look at him? A. Yes. Q. Prom his appearance and from the way he was talking weren't you impressed with the fact he was intoxicated? A. I can't judge a man whether he is drunk or sober. • Q. Doa'b you kaov? as a fact, or did you hear that Parks from early 563 in the morning commenced making trouble at that polling place for everybody, even to the Republican inspectors, until it got so in the afternoon they had to put him out for a time ? A. No, sir. Q. Do you know even the Eepublican inspectors objected to his conduct? A. No, sir. Q. And the ward committeeman had him ejected from the place ? A. No, sir. Q. The Republican ward committeeman, did you hear of that fact ? A. No, sir. Q. How near were you to him ? A. I was near the door and he was behind the railing a distance of probably fifteen feet. Q. Do you know he wasn't allowed to participate in the canvass of the votes because of his intoxicated condition ? A. No, sir. Q. Do you know that that isn't so? A. No, sir; I don't know any- thing about it. Q. And at that distance in hearing him, and your attention being called to what was going, your can't state Whether he was drunk or sober? A. No, sir. By Senator Endbbs: Q. What kept you there so long ? A. There was a crowd in the doorway, and I couldn't get out. Edwin MoBBisoNi being duly sworn, testified as follows: By Mr. Wellington: Q. Where do you live 1 A. Eighth ward. ■ Q. What district? A. At the election of last fall I was in the fourth district; I was acting in the second district. Q. Were you present at the polling place in the second district on election day in November last ? A. I was. Q. How long were you there during the day ? A. From the time the polls opened until they closed. Q. Did you see any electioneering done by Democrats within 150 feet of the polls ? A. I did. Q. During what part of the day ? A. Different times during the day. Q. Did you see any men go into the booths assisted by Democrats ? A. I did. Q. Were they required to be sworn before having assistance ? A. Not at all times. Q. You did see men have assistance, that is, have someone go into the booth with them, without taking any oath as to physical disability ? A. I did. 564 Q. In those cases who assisted them, Eepublicans or Democrats ? A. I think they were Democrats. Q. Can you name any of them ? A. I can name one man. Q. Who was it ? A. A fellow by the name of Buckley. Q. Did you see any men attempt to vote then and there, who were not voters ? A". Not that I know of. Q. Did you stop a repeater ? A. I don't think I did on election day. Mr. EocHE. — Is that material ? Senator Endbes. — He has answered it; he didn't on election day . Q. Were you present at the time of the count ? A. I was. Q. What occurred ? A. Kind of a little war. Q. Had a riot ? A. Small riot. Q. Over what ? A. Well, I couldn't swear what it was over; the first thing I knew a paving stone came through the window. Q. Where did it strike? A. Struck over near, the table where we were counting the votes; I wouldn't say it was a paving stone, a missile of some kind. Q. Were you an inspector ? A. A poll clerk. Q. Did this disturb the ballots 1 A. Tes. Q. What became of them ? A. I took what I had and put them in my pocket. Q. What became of the rest ? A. I guess the people took the rest they had. Q. How long before the counting commenced ^.gain ? A. An hour and a half or two hours. Q. How large a room was there ? A. I should judge the room was perhaps fifteen by twenty feet. Q, The men that were in there, were they mostly Democrats ? A. Yes, sir. Q. Was the room crowded ? A. Yes, sir. Q. That is a very strongly Democratic ward ' A. That district is; ward and district both. Q. How serious was this row ? A. We didn't think it safe to con- tinue the count until the thing was quieted; they tried to break in the doors; the crowd outside; I couldn't say how many there were; it was dark; we had Officer Crowley inside; he could not control the crowd; and somebody sent over to the station, the first precinct for more of&cers, and they sent two more over, and they were unable to control the crowd outside, and I think they telephoned to police head- quarters, and Superintendent Willard and chief detective came down ■ with quite a number of officers, and finally they got the crowd quieted and boarded up the front, and we went on and continued the count. 565 Q. Did they injure the building any ? A. They broke the glass in the front, Q. Did they break the door? A. I see Mr. Eagan put in a bill to the board of supervisors for damages. Q. What was the vote in that district ? A. Somewhere near 300. Q. How many votes did Mr. Derby get ? A. I don't think there was over twenty-five or thirty; I think somewheres about that number. Q. Mr. Collins got the ba^lance ? A. The balance. Q. During the day was there any disturbance? A. Nothing to amount to anything. Gross-examination : By Mr. Eoohe: Q. Where is this polling place? A. On Hill street, in a building; I suppose Tom Eagan's building; just below Axlams street on the east side of Hill street, directly opposite the eleventh ward polling place. Q. Did you live in that district ? A. I did not. Q. Were you appointed a poll clerk for the district ? A. I was. Q. You participated in the making up of the registry list? A. I did. Q. Did your board of inspectors agree as to the registry of voters ? A. Yes, sir. Q. There were two Democrat and two Republican inspectors and two Democrat and to Republican poll clerks ? A. Yes, sir. Q. Did the voting proceed pretty fairly and orderly during the day ? A. There was a time when there was considerable excitement inside. Q. There is always more or less excitement around the polling place in a populous district ? A. There is in the eight ward. Q. You have had considerable experience ? A. Yes, sir. ' Q. What time in the night did this difficulty occur ? A. Very soon after we began the canvass of votes. Q. How far had you got in the canvass ? A. We had got the ballots all opened and before us, whether we had counted any names or not, I don't know." . Q. Are you prepared to say you hadn't counted the names of any of the candidates or ascertained the vote ? A. No, sir; I had not. Q. Had you ascertained the number of ballots cast ? A. Yes. Q. Was there any difference among the inspectors as to the number f A. No, sir. Q. Was there not a spirited contest in that ward for the office of alderman and supervisor ? A. There was. 566 Q. There were two Democratic factions Considerably interested in the success of the respective candidates ? A. Tes, sir. Q. After the close of the polls quite a number of people gathered around anxious, apparently, to hear the result of that contest ? A. I guess that is what they were there for. Q. You don't know but that it was some unruly lad who threw this stone ? A. It was more than a lad; there was quite a crowd outside; ,1 dont know who threw the stone. Q. Did you put your ballots in your pocket ? A. I did. Q. And the others apparently did the same 1 A. Tes, sir. Q. What had you done with the unvoted official ballots after the polls closed ? A. The ballot clerks had charge of them; I had nothing to do with them. Q. Do you know what became of them ? A. I do not. Q. Were any of those unvoted official ballots given to you, or to any ballot clerk, or any inspfector, after the polls closed? A. Not that I know of. Q. Was there any dispute in your board as to the actual number of votes cast for the several candidates for office ? A. No, sir. Q. You agreed upon that and the inspectors signed the returns? A. Yes, sir. Q. Who is this man, Buckley; what is his first name? A. I don't know. Q. Is it Lawrence Buckley ? A. I don't think it is. Q. Is it James Buckley ? A. I don't know; I don't know that his name is Buckley; I was only told his name was Buckley that day. Q. During this time that they didn't proceed with the count, efforts were made to quiet the crowd outside ? A. Yes, sir. Q. And when that was secured you went on with the count in an orderly way ? A. Yes, sir. Q. Who were the Republican workers there that day? A. I didn't see any. Q. Was John Gorman there ? A. No; I don't think I saw him elec- tion day at all. Q. Did he come there ? A. Not on election day that I know of. Q. Will you say he was not there? A. I didn't see him. Q. He is generally in charge of the Republican forces in some dis- trict of that ward ? A. Usually. Q. Of late years there has been considerable affiliation between Gorman and what is known as the " track gang? " A. I don't know what you term the " track gang." Q. It is a very distinctive gang ? 567 Mr. Wellington. — I object to it as immaterial. Q. Was the track gang around there in force ? A. I don't think they had any business over there. Q. Will you say they were not there ? A. No, sir; I -will not. Q. Are not the track gang in a portion of that district ? A. I guess not of that district. Q. Did you hear of Gorman retaining the services of any of that gang fpr election day ? A. I did not. Q. Your occupation is what ? A. I am employed in the post-office. ■Q. Are there any more post-office employes here? A. Yes; there is more here. Q. Who are they ? A. Mr. Wales. Q. He is the assistant superintendent or assistant postmaster? A. He is. Q. Any others ? A. Mr. Donahoe; that is all. Q. What district is he from? A. Not in the eighth ward; I don't know his district. Becross-examination : Q. Do you know of any Republican who was entitled to vote that day, who was prevented from voting ? A. I do not. Daniel J. Leaey, being duly sworn, testified as follows: By Mr. Wellington: Q. Where do you reside ? A. Eighth ward, second district. Q. What is your business ? A. Carriage painter. Q. Were you present at the polls on election day in November last ? A. Yes, sir. ♦ Q. Did you see any electioneering by Democrats within 150 feet of the polls ? A. I did not. Q. Were you present at the time of the riot ? A. Yes, sir. Q. You heard Mr. Morrison testify ? A. Yes, sir. N The word " riot " is objected to and stricken out by consent. Q. Were you present at the rumpus there? A. I was there; yes, sir. Q. How long was the count suspended? A. I couldn't exactly say what time it was. Mr.RooHE. — I object to the question as immaterial unless there is some proof that the count was incorrect or that the ballots were unlawfully tampered with. I submit it is immaterial whether the count was suspended five minutes or five hours. 568 Mr. Wellington I stated he would show by subsequent proof that it was material. '' Q. Were you there when the brick was thrown ? A. Yes, sir. Q. What became of the ballots ? A. Well, I inquired who had those ballots, and somebody said they had them ; J couldn't say who said it. Q. Were they inspectors that bad them ? A. That I couldn't say. Q. You don't know who grabbed them? A. No, sir. Q. You don't know what became of them ? A. Well, I seen them afterwards when they came back with them and placed them on the table. Q. Do you know they were all there ? A. I couldn't say. Q. Was there much confusion ? A. Outside there was. Q. Was there inside ? A. The only confusion was amongst the inspectors and poll clerks; they got up to get out of there. Q. Was there a crowd in the room ? A. The only crowd I knew of was the board of registry; there was two Democratic watchers, and I believe there were two independent watchers or Bepublicans, I don't know which. By Mr. Eoohe: Q. Inspectors you mean? A. Yes, sir. Q. Counting the votes inside ? A. Yes, sir. < Q. When the brick came in ? A. Yes, sir. By Mr. Wellington : Q. After that the crowd rushed in ? A. No, sir, not then. Q. Did they afterward ? A. Yes, sir, some got in afterward in the back door. Q. Fill the rooiii? A. No, there was only about — I guess there must have been seven in the crowd that came in an'd the door was locked immediately after. Gross- examination : ' By Mr. Eoohe: Q. What were you there for ? A. A poll clerk. Q. Eepublican poll clerk ? A. Yes, sir. Q. There were two Democratic inspectors, two Eepublican inspec- tors, two Democratic ballot clerks and two Eepublica,n ballot clerks, and a Democratic and Eepublican poll clerk ? A. Yes, sir. Q. And both parties had watchers ? A. Yes, sir. Q. A police officer? A. Yes, sir; Officer Crowley. Q. Before the brick was thrown, had the inspectors ascertained the number of votes cast, the total number ? A. Yes, sir. 569 Q. Was there any disagreement among the inspectors about tHe matter ? A. None at all that I heard. Q. Did the number of votes counted after the brick was thrown differ from the number that was ascertained before ? I didn't under- stand it that way. Q. Did they all sign the returns, the four inspectors? A. Yes, sir. Q. Did the coming in of those men by the back door interfere in any way with the counting of the vote for any candidate ? A. Well, the way I heard — ' Q. (Interrupting.) Did the coming in of those men afterwards inter- fere with the counting of the vote ? A. They stopped until those men got out. Q. Did they go out ? A. Yes, sir. Q. Did they then resume the count ? A. Yes, sir. Q. The presence of those men didn't interfere with the count or change it in any respect? A. That is the only way; they stopped the count until those men went out. Q. It didn't alter the count itself? A. No; I don't know that it altered the figures in any way. Q. There was considerable excitement between two Democratic fac- tions in that ward that day about the election of ward officers? A. Yes, sir. Q. Considerable anxiety to find out the vote for alderman and super- visor among the crowd outside ? A. Yes, sir. Senator Endbes. — What was this that came through the window, a brick 1 The Witness. — I couldn't say what it was; a brick or a stone; I didn't see, I ran for the back door with the rest of the crowd. Albeet D. Hehdet, being duly sworn, testified as follows: By Mr. Wellington: Q. Where do you live ? A. Fifty-eight Ferry street. Q. What district and ward ? A. First district, first ward. Q. Were you present at the polls at the election held there in November last ? A. Yes, sir. • Q. As inspector? A. Yes, sir. Q. Republican inspector? A. Yes, sir. Q. Did you see any electioneering, by Democrats, within 150 feet of the polls ? A. I did not ; I was inside all day. Q. Did you see men attempt to vote who had no right to vote there ? A. I did, sir. Q. How many? A. Three illegal votes and one attempt at illegal 72 570 , voting ; three repeaters ; these men voted, and then the original men came along and voted, and one attempt at repeating. Q. The repeaters voted on the names of actual voters ? A. Yes, sir. Q. Then the actual voters came and voted ? A. Yes, sir. Q. Did you see any men taken in the booths who claimed to be physically disabled 1 A. Yes, sir. >Q. Did they take the oath ? A. Some did and some didn't. Q. There were men taken into the booths and had assistance who took no oath ? A. Yes, sir. Q. They were accompanied by Eepublicans or Democrats? A. Democratic watchers or workers. Gross-examination: By Mr. Roche: Q. Who were they ? A. The parties that didn't take the oath ? Q. Yes? A. Quite a number went in; noi oath given to them. Q. What were you doing there ? A. I was inspector. Q. Why didn't you administer the oath? A. Didn't have a chance to. Q. You didn't protest against their going ml A. I did protest against their going in. Q. Give the name of one of them; one man who went in who didn't take the oath ? A. These parties, the voters went to these Democratic workers. Q. Did the voters take the oath ? A. No, sir. Q. Who were they, give the name of one — did the poll clerks do their duty by making a note of it on the poll-list ? A. Those that were assisted. Q. Did these men claim to be physically disabled ? A. No, sir. Q. Who went in with them ? A. Democratic watchers. Q. Who are they ? A. One named McAuley. Q. What is his first name 1 A. John. Q. Who else ? A. That is the only one I know of that went in with- out being sworn. ' Qi How many did he go in with ? A. Oh, I would say seven or eight. Q. No doubt about that ? A. No, sir. Q. You don't know who they are ? A. I couldn't swear to any of the names. Q. Did you make any note of them? A. No, sir; I had charge of the unvoted ballots. Q. Who were these persons whom you say were not entitled to vote ? A. One named Frank Rich, another Thomas Benton and another 571 William A. Chase, and an attempt to vote on the name of Samuel McLaughlin. Q. Were those the names on the registry list ? A. Yes, sir. Q. Did you help make out the list ? A. I did. Q. Do you know Bick, Benton, Chase and McJJaughlin? A. No; I know McLaughlin, but I don't know Bich, Benton or Chase; didn't know them at that time. Q. Some persons came there claiming to be those persons? A. Tes, sir. Q. Were they challenged? A. No, sir. Q. They were received without question, were they? A. Yes, sir; supposed to be the parties. Q. Do you know the parties? A. I do now. Q. Do you know the parties who came there ? A. No, sir. Q. Do you know the other parties whom you think were genuine ? A. Yes, si;r. Q. How many do you know of them ? A. I know Mr. JMcLaughlin. Q. Who else, that was only an attempt ? A. Chase. Q. What does he do ? A. Master mechanic down at the New York Central and Hudson Biver Bailroad Company. Q. What does Benton do ? A He is a clerk I guess. Q. What does Bich do? A. Book-keeper up town. Q. You know these three men ? A. Yes,' sir. Q. They came there and voted ? A. Yes, sir. Q. Do you know who the other fellows were ? A. No, sir. Q. These men that voted on these names first? A. No, sir. Q. Did you see them come there with anybody? A. I did. Q. Nobody challenged theni ? A. No, sir. Q. No protest ? A. The name of Benton was challenged, but the party that made the challenge wasn't there and it wasn't sustained, Q. As soon as he made the challenge he fled ? A. He went out and the supposed Benton went into the booth and the man that made the challenge didn't come back. Q. The board rejected the attempt on McLaughlin ? A. Yes, sir. Q. Is that a Democratic district ? , A. Yes, sir. Q. How strong is it ? A. Very strong sometimes; that time I believe it went about thirty odd the head of the ticket. Q. It wasn't very strong then; in all other respects was your regis- try list honest? A. I should judge so; yes, sir. By Mr. Wellington. Q. Were these repeaters assisted by anyone? A. No, sir; they were not. 572 Edwabd Donohub, being duly sworn, testified as follows: By Mr. WELLiNaTON: Q. Where do you reside? A. First ward; first district. Q. Were you present at the polling place in that district November last ? A. I was. Q. In what capacity? A. Inspector of election. Q. Did you see electioneering within 150 feet of the polls by Demo- crats that day ? A. I did. Q. During the day ? A. Yes, sir. Q. Did you see any men vote who had no right to vote ? A. I saw them three men mentioned vote. Q. Those mentioned by the last witness ? A. Yes, sir. Q. State the occurrence; did the real parties come afterward and vote ? A. Yes, sir; swore in their votes. Q. On the same names ? A. Yes, sir. Q. Did you see one attempt made ? A. Yes, sir; Sam McLaughlin. Q. That was not successful ? A. No, sir. Q. Did you see Democrats take men into booths without the men swearing they were physically disabled ? A. I didn't , see them take them in; I see Democrats go into the booths after, walk right in after them. Q. Was that done frequently? A. Yes, sir. Q. During the entire day ? A- Yes, sir. Q. Did you attempt to stop it? A. I objected; I applied to an officer there. Q. What officer ? A. I don't remember his name. Q. Was he a Democrat or Eepublican ? A. I couldn't say. Q. Did the officer do anything? A. No;. he walked outside. Cross-examination : By Mr. Eoohe: Q. Who were those men that voted illegally ? A. They voted on the names of Chase, Eich and Benton. * Q. Do you know the fellows who actually voted first ? A. No, sir. Q. Do you know the others ? A. I don't know them. Q. Do you know what ticket they voted ? A. No, sir. Q. Did you see them come to the polls ? A. Saw them come in. Q. You didn't see them in company with anyone outside? 4- No, sir. Q. Who was this man who went into the booth with the others ? A. John McAuley. 573 By Mr. Wellington: Q. Is he a Democrat? A. Yes, sir. Q. Did he go in with any of the repeaters? A. I didn't see him. , Q. Do you know whether anyone went in with the repeaters ? A. I couldn't say. By Senator Endres: Q. You say you saw Democrats electioneer within 150 feet of the polls? A. Yes, sir; giving out pasters inside the polling place. Q. How many did you see do that ? A. Saw this one Democratic worker do that. Q. How many ? A. I couldn't say the number of times. Q. Did you tell him to stop ? A. I did not. Q. Anybody else tell him to stop ? A. I don't know as to that. Q. Call the board's attention to it? A. I did; called the chairman's attention to it. Q. What did they do ? A. I^idn't say a word. Q. Paid no attention ? A. No, sir. Q. Who was the chairman? A. David O'Connor. Q. Democrat or. Eepublican? A. Democrat. Q. There were two Democrats and two Republicans outside ? A. Yes, sir. Q. The board allowed this to go on without any protest ? A. I did my share of the protesting; I think I did my duty. Q. I understand you to say that three men went in there and voted on the names of three others ? A. Yes, sir. Q. Subsequently the original parties came along ? A. Yes, sir. Q. Didn't that make a discrepancy between the poll-list and the votes cast ? A. Yies, sir. Q. How did you remedy thatT A. We drew some out of the ballot boxes. 1 Q. You don't know what ballots were drawn out ? A. No, sir; we didn't look at them. By Mr. Wellington : Q. Didn't the poll-list contain these double names ? A. It did. Q. When a repeater voted on the name of A, that name was put on the poll- list ? A. Yes, sir. Q. Then when A came and voted, his name was put on the poll-list again? A. Yes, sir. Q. The names were on twice ? A. Yes, sir. Q. There wasn't any excess over the ballot-list for that reason? A. Some were thrown out I know. 574 Q. It must have been for another reason ? A. They were thrown out and burned. By Senator Endees : Q. How many ? A. I couldn't say. By Mr. Koohe: Q. Why did you, draw them out; because the number of ballots exceeded the poll-list? A. Yes, sir; it exceeded the poll-list. Q. Were there three of them at least ? A. Might have been three; might have been four or five; I couldn't just say how many; I don't > recollect. Q. When you did that you got down to the poU-list ? A. Yes, su: Q. That is a Democratic district ? A. Yes, sir; supposed to be; Q. Was it last fall? A. Yes, sir; it was. Q. You don't know what the ballots were that were thrown oat ? A. No, air. By Mr. Wellington: '_ Q. Formerly been a Republican district ? A. Yes, sir. \ Q. How many ? A. I couldn't say, the Bepublicans used to carry it years ago. Q. How many years ago? A. Ten or twelve. Q. Been progressing a good deal of late ? . A. Yes, sir. Q. When was that district formed ? A. Under the new law ? Q. Yes. A. Last yea.r I believe was the first time. Q. Wasn't it 1890 ? A. It was formed I guess about that time, the last election was the first time the new board sat there under the new law. , Q. How do you know the district was formerly Republican ? A. I meant the ward; that district when it was in the old district. Q. It wasn't the same district ? A. No, sir; there are three dis- tricts now where there were formerly one. Q. Divided it up a little, haven't they ? A. Yes, sir. Q. Then you can't say that that was formerly a Republican district, can you ? A. I can't say because it wasn't the same district. Philip M. Wales, being duly sworn, testified as follows : By Mr. Wellington: Q. Where do you live; what ward and district? A. First ward, first district. Q. Were you present at the polling place in that district in Novem- ber last ? A. I was, sir. 575 Q. In what capacity ? A. Capacity of watcher. Q. Were you there during the day ? A. Once or twice during the day, a few minutes about 1 o'clock, and a fe\y minutes early in the morning. * Q. Did you see any electioneering by Democrats within 150 feet of the polls ? A. Yes, sir. Q. During the day ? A. Before the polls closed. Q. Did you see the repeaters vote ? A. No, sir; I did not. Gross-examination : By Mr. Eoohe: Q. What is your occupation? A. Assistant postmaster of Troy. Q. Where was this district and poUing place ? A. On River street. Hbnrv Zahn, being duly sworn, testified as follows : By Mr. Wellington: Q. Where do you reside ? A. Troy, first ward, first district. Q. Were you present at- the polling place at the last election in November ? A. Part of the day. Q. In what capacity ? A. I was poll clerk. Q. Did you see any electioneering done within 150 feet of the polls by Democrats ? A. Yes, sir. Q. During the day ? A. Yes, sir. Q. Did you see any men taken into the booths during the day ? [Question waived.] Q. Did you see anybody go into the booths who were accompanied by men ? A. Yes, sir. Q. Who was it-^ent in ? A. I couldn't exactly call the man by name ; the man that followed him in was McAuley. Q. Democrat or Republican ? A. Democrat I believe. • Q. How many instances were there of that? A. Quite a few. Q. Were these men that went into the booths and were followed in by others physically disabled or claim to be ? A. I believe not. Q. They were not sworn as to that fact ? A. I believe not. Q. Did you see the repeaters vote ? A. I did; but I didn't know it at the time. Q. Do you remember the instances that have been testified to by the other witnesses ? A. Yes, sir. Q. There were three who voted on the names of bona fide voters who afterwards appeared ? A. Yes, sir. Q. These names were voted on twice ? A. Yes, sir. 576 Gross-examination : Q. Did you keep a minute of these physically disabled ? A. No, sir. Q. What is the reason you didn't ? A. I wasn't poll clerk all day. Q. Or during part of the day ? A. There wasn't any when I was acting. Q. What portion of the day did you act ? A. Well, from 12 to 1. Q. Did your substitute keep any^minute ? A. I couldn't say about that. Q. Were you present at the count ? A. Yes, sir. By Mr. Wellington : Q. Do you know whether any attempt was made to stop this going into the booths ? A. Yes, sir. Q. By whom ? A. By the inspectors. Q. On whom did they call ? A. Called on the ofl&cer. Q. What did they ask him ? A. Told him to stop the men going into the booths'. , Q. What did the officer do? A. Turned around and walked away; went outside. By Mr. Roche: Q. Do you know who that officer is ? A. No, sir. Stephen A. Wintees, being duly sworn, testified as follows: By Mr. Wellington: Q. Where do you live ? A. Third district, first ward. Q. Were you present at the polling place at the last election ? A. Yes, sir. Q. Did you see any electioneering by Democrats, within 150 feet of the polls ? A. No, sir. Q. What position did you fill ? A. Inspector. Q. Did you see any repeaters vote ? A. Yes, sir. Q. How many instances ? A. Five or six. Q. Did any of them succeed ? A. One. Q. Did you see any men follow voters into the booths ? A. Can't say that I did; no, sir. Q. Did you see any men go into booths with voters who claimed to be physically disabled ? A. Mr. Tierney went in two or three times when any one said they were physically disabled. Q. Is he a Democrat ? A. Yes, sir. Q. Did these men take the oath that they were physically disabled? A. Yes, sir. 577 Gross-examination : By Mr. Eoohe: Q. Who was this one that succeeded in repeating ? A. I don't know the gentleman. Q. Don't you know on what name he voted ? A. He tried to vote on Thomas J. Crouse. Q. Did Mr. Crouse himself vote ? A. Tes, sir. Q. Did the number of votes exceed the poll-list ? A. No, sir. Q. Did you take out anything? A. There was about 280 odd ballots cast, and I think the poll-list was something like 300. Q. Tou mean the registry? A. Tes, sir. Q. Do you know how this man voted ? A. No, sir. Q. Did you see him come to the polls ? A. Tes, sir. ^ Q. To the polling place ? A. He came in there with some Demo- cratic workers. Q. Did you see him come in with any particular person ? A. No, sir. ' Q. Tou |don't know him ? A. I did not; no, sir. Q. These other fellows who attempted to vote didn't succeed ? A. ., No, sir. By Mr. Wellingtom: Q. Were these repeaters spoken to by anyone in the polling place ? A. They were challenged. Q. Did anyone accompany them ? A. Not inside the place. Q. The one who succeeded in Voting, did he converse with anyone in the room ? A. Not in the room. RoBEKT T. OouETNEv, being duly sworn, testified as follows: By Mr. WBLLiNaTON: Q. W^i^re do you live ? A. Third district, first ward. Q. Were you present at the polling place in last November ? A. Tes, sir. Q. Did you see any electioneering done by Democrats within 150 feet of the polls ? A. No, sir. Q. Do you know where the Democratic headquarters were that day near the polls — wasn't it Quigley's saloon, right next the polling place ? A. I understood so; I don't know. Q. Did you see these attempts at repeating ? A. Tes, sir. Q. How many were successful ? A. Only one that I know of. 73 578 Fkank Wellee, being duly sworn, testified as follows: By Mr. Wellington: Q. Where do you reside ? A. Third district, first ward. Q. Were you present at the polling place there in November last? A. I was. Q, Did you see electioneering done by Democrats within 150 feet of the polls ? A. No, sir; I was inside. Q. Do you know where the Democratic voters were taken that day? A. No, sir. Q. Did you hear? A. I wasn't out only once. Q. Did you see any then taken into Quigley's? A. No, sir. Q. You know Quigley's ? A. I know where it is. Q. How far is it from the polling place ? A. I guess it adjoins the poUjng place, Q. Did you see attempts at repeating ? A. Yes, sir. Q. How many were successful ? A. One. BosEALGiN Guy, recalled, testified as follows: Q. Did you to-day serve a subposna upon Joseph Ashler, Henry Doty, Simeon Terry, Leonard Dalton ? A. Yesterday. Q. To appear here to-day ? A. Yes, sir. The committee then adjourned until Monday, March 14, at 1 o'clock. Albany, N. Y., March 14, 1892, 1 p. m. The parties met pursuant to adjournment. John Mueeay, sworn for the sitting member, testified as follows: By Mr. Wellington: Q. You reside in Troy ? A. Yes, sir. Q. Yoix were Eepublican ballot clerk at the first district of the eighth ward, in the city of Troy, at the election held in November last ? A. Yes, sir. Q. State whether you saw any men assisted who were not physically disabled? A. I saw men assisted that I should not think were disabled. Q. Did you see any Italians assisted ? A. Yes, sir. Q. Did they claim that they were disabled? A. They claimed disa- bility of their eyesight. Q. How many were there ? A. I couldn't say exactly; there were one or two of them. 579 ( Q. Did you see any others who claimed to be disabled, who were not disabled apparently? A. Yes, sir; some, that as far as my judg- ment was concerned, I didn't think were disabled. Q. So far as appearances were concerned, they were not disabled ? A. No, sir. Q. By whom were these men assisted? A'. I should think Democrats. Gross-Examination : By Mr. Boohe: Q. The best you can say about it is that it is a matter of opinion and judgment with you ? A. Yes. sir. Q. You don't undertake to say unequivocally that they were not disabled in some particular ? A. No, sir; I couldn't. Q. The usual course was followed in their cases ? A. Yes, sir. By the Chairman: Q. How many Italians were assisted? A. Two, I think. Q. Aside from Italians how many others were assisted ? A. I don't remember particularly; quite a number during the day. Q. How many in all, would you say, at the outside, were assisted, Italians and all; ten? A. I think there were more than that. Q. Do you think there were twenty ? A. No, sir; I couldn't say there were twenty, but there was more than ten. Q. They were assisted because they claimed to be physically disa- bled? A. Yes, sir. Q. And the Italians who made that claim I understand you to say based it upon the allegation that their eyesight was defective ? A. Yes, sir. •Q. You don't know whether it was or not ? A. No, sir; I don't. By Mr. Eoohe : Q. This was quite a populous district ? A. Yes, sir. Q. Quite a number of voters in it? A. Yes, sir. Q. Whereabouts was the polling place ? A. Two hundred and twenty-seven Fourth street. Q. About how many votes were cast during the day? A. Some- thing like 287, I think. Q. It is largely a Democratic district ? A. I think it is. JBy Mr. Wellington : Q. Did you see a repeater vote there that day? A. No, sir; I couldn't say I did; , 580 Q. A repeater who voted on Harrison Ive's name? A. No, sir; I don't remember it. Q. How many times have you befen here? A. Three times; this is the third time. By the Chairman : Q. How many miles do you come ? A. Seven miles. TiTTJS Tkumbtjll, sworn for the sitting member, testified as follows : By Mr. Arnold: Q. Where do you reside ? A. Greenwich. Q. What is your polling place ? A. Middle Falls. Q. How long have you lived in that district ? A. Twenty-five years. Q. Are ' you acquainted with the politics of that district ? A. Yes, sir. Q. Mr. Moriarty was examined some time ago, and he testified that he had a tickler made of that district and that the tickler showed that it was Democratic; has that district ever been Democratic since you have known it ? A. Not in my recollection. Q. Have the boundaries been the same with the exception of one year ? A. Yes, sir; except in 1890. V Q. Was it larger or smaller in that year ? A. Smaller. Q. What has been the usual Eepublican majority in that disiJrict? A. From forty to seventy-five. Q. I think he says you assisted one Timothy Sullivan ? A. Yes, sir; - I did. Q. State his age? A. I don't know his age exactly. Q. About? A. I should think about 60. Q. What did he say was the reason he wanted assistance ? A. Defective eyesight. Q. Did he state anything more — that he had left his glasses at home ? A. No, sir; I don't think he said he left them at home, but he y was offered a pair and he tried them on and he said he couldn't see with them on. By the Chairman; Q. Do you know whether his eyesight was defective or not? A. No, sir; I know nothing only what he said. Q. What is your opinion ? A. It is my opinion that it is, from my knowledge of the man. By Mr. Arnold : Q. Did you see any electioneering done by Democrats within 150 feet of the polls? A. No, sir; I did not; 581 Cross-examination : By Mr. Whitman: Q. That is what is known as the Bald mountain district ? A. Yes, sir. Q. Are you able to state what the vote was there in 1890 ? A. No, sir; I am not. Q. Do you know what it was when Senator Collins ran against General Eogers ? A. No, sir. Q. Don't you know that Senator Collins carried it; did he carry it when he ran before ? A. I don't remember particularly as to any one candidate. ' ' Q. How muQh majority do you say the Republicans had this year in that district ? A. This year I think it was sixty-eight; that is my recollection of it; I am not posted as to the exact fiigure. Q. Wasn't it in excess of what it had ever been before since the district was organized ? A. I think not. Q. When was it larger? A. I think it was larger at the last presidential election. Q. But the district was not the same then, was it, in its boundaries ? A. I think it was. I Q. How was it in 1888 ? A. I think as -to the boundaries it was the same as now. Q. Don't you know that they were not divided into districts until the passage of the ballot reform law? A. This district was made ' smaller in 1890, and was enlarged again last year and set back to the same boundaries. Q. Can you tell how many districts there were in the town of Greenwich before the division under the ballot reform law ? A. There were three; , there are four now. Q. Do you mean to say the boundaries of these different districts have not been changed ? A. The others have been changed but this has not been; the boundaries of this one were changed in 1890, and then set back in 1891 to the same as they were before. Q. Mr. Moriarity swore in substance that from the tickler made of the Democrats it showed the district to be slightly Democratic 'last year; you don't mean to contradict that in any way? A. I don't mean to contradict but what he swore to the truth; but — Mr. Whitman. — That is all. By the Chaiemas: Q. Where do you reside ? A. Greenwich. Q. How far is that? A. Forty miles. Mr. Arnold. — He has been here twice. 582 Edward E. Hegeman, sworn for the Bitting member, testified as follows : By Mr. Arnold: Q. Where do you reside ? A. Easton, north district. Q. Do you remember the number of the district ? A. No, sir; I don't; it used to be No. 1; I think it has been reversed; I am not- positive. Q. It is the one held at Skedam ? A. Yes, sir. Q. Mr. Keegan testified on his examination as follows : " He was an old man; he asked how to fold the ticket, and he said 'never mind that, come up stairs and tell them you can't read, and I wiU fol^ the ticket for you;' I followed them up, and Mr. Hegeman took him into the booth, and folded his ticket" — did you tell any man that. on election day ? A. No, sir; I don't recollect it. Q. Or that in substance ? A. No, sir. Q. Did you assist on that day an old man by the name of St. Mary ? A. Yes, sir. Q. Did he ask you to ? A. Yes, sir. Q. State all, the transaction between you, St. Mary and Keegan that happened within 150 feet of the poll that day ? Mr. Roche. — :Has Keegan been asked about it? Mr. Arnold. — I think not. Mr. EooHE. — Then I object to it. Mr. Arnold. — Anything he saw; I am not asking him to testify to a conversation, but I ask him to testify to what he himself saw. The Chairman. — He may testify to that. Q. What did you see? A. I saw Keegan approach 91. Mary about voting. Q. After that did you and Keegan have a conversation ? A. Yes, sir. Q. That was within 150 feet of the polls? A. Yes, I should say so. Q. State what you and Keegan said ? Mr. EooHE. — I object to it as hearsay and incompetent. Keegan has been on the stand, and he has not been asked whether any such thing took place. Whatever may be its purpose it is not fair to permit it to be introduced now without having interrogated Keegan upon the subject. Mr. Arnold. — It was a fact that we didn't know about at the time, and therefore could not have asked him about it. Mr. EooHE.^— You can recall him for examination then. Mr. Arnold. — We wished to close our side to-day. Chairman Roesoh.t— We will overrule the objection. • 583 A. I saw him talking with St. Mary at the foot of the stairs; I am not positive, although I think he ofEered him a paster. Mr. EooHB. — I object to his giving his opinion. Chairman Eobsoh. — Strike it out. We want to know what happened that you saw or heard. ' The Witness. — He was attempting to vote Mr. St. Mary. Mr. Whitman. — That is calling for a conclusion, I submit. Chairman Roesch.-;- I will allow that to stand. He inay have seen Keegan seeking to persuade St. Mary to vote. Q. Go on ? A. I spoke to St. Mary and I says, " This man is a Democrat;" St. Mary's politics was a Republican; I says, "This man is a Democrat;" Keegan replied that he was a Republican; I walked out with St. Mary on the bridge 150 or 200 feet and talked with him there, and gave him a, paster; Keegan followed me up. By the Chaibman: Q. Who did you. give a paster to ? A. St. Mary; I said to Keegan, " Would you deceive this old man ?" his answer was that he would do anything. Q. Were those his words? A. Yes, sir; I said, "That's enough." By Mr. Arnold: Q. How old is St. Mary ? A. An old man. Q. Abbut 70 ? A. I should say anywheres from 65 or 70, perhaps, or somewheres along there. Q. He swore that he was physically disabled ? A. I suppose he did. Mr. Roche. — I object to what he " expects," and move to strike it out. Chairman Roesoh. — It may be stricken out. The Witness. — I will say he did. Chairman RoBSop. — Tou have got it positively then ? The Witness. — I say positively. Gross-examinaiion. By Mr. Whitman : Q. Were you inside the polls when he swore ? A. I was very close to it; close enough to hear. Q. The truth is, jou went up to him? A. I probably came very near agoing up-stairs, very near the same time he did. Q. Tou followed him up ? A. I didn't follow him up in particular. Q. Did you follow him up in general ? A. I went up-stairs. Q. What did you go up for? A. Perhaps to look on; I can't say now; I can't recollect what I went up for; it was not to vote him. 584- Q. Tou had given him a paster ? A. Yes, sir. Q. Did you get in there before he voted ? A. In where ? Q. In the polling place ? A. No, sir, not into the polling place. I didn't get in until I was called in to assist him. Q. By whom ? A. By him, I suppose. Q. You got in before he voted then? A. Yes, sir. Q. Where were you when you were called upon ? A. I was in the polling place when he spoke to me to come inside. Q. What did he swear his physical disability was ? A. That he couldn't see. Q. You helped him up there ? A. No, sir. Q. Who did ? A. He helped himself up. Q. He walked up the stairs ? A. Yes, sir. . Q. This polling place was held oyer a blacksmith shop ? A. Yes; I suppose so. t Q. Somewhat dark in there ? A. No, sir, it was not dark. Q. St. Mary could see to walk up there ? A. Yes, sir. Q. He could see to get in all right ? A. Yes, sir. Q. He succeeded in getting in all right ? A. Yes, sir. Q. What was there that so far as you knew ailed his eyesight ? A. He couldn't see fine print. Q. Don't you know he couldn't read at all ? A. I don't know any- thing about it. Q. How long have you known him ? A. I have known him for years. Q. Don't you know he is a French Canadian and can't read the English language ? A. No, sir;, I don't know it; I know he is a Frenchman, but I don't know that he is a French Canadian; they say he is French; he is not a "floater," he is an independent man. By Chairman Koesoh: Q. What do you mean by a "floater ; " we have no official definition as yet, and it may be we can get one ? Mr. EooHE. — '■ You can get a prominent one if you go to Washington county. The Witness. — Yes; or to Troy. Chairman Koesoh. — I wouldn't like to have them take me for a "floater;" what do you call a "floater?" A. My definition of it is a man that will sell his vote. By Mr. Whitman: Q. Have you ever met any " floaters " there ? A. I have seen 'em. Q. Have you met them ? A. I have met them in my life. Q. Made their acquaintance ? A. I never sought their acquaintance. 585 Q. Did they seek your acquaintance ? A. No, sir; not lately.' Q. Ton mean not later than last Novei»ber? A. I didn't seek any. Q. But did they seek you in November ? A. No, sir. l^j the Chaiemak: Q. Do "floaters," generally seek a man? A. They are sometimes sought. Q. They are in the market ? A. Yes, sir. By Mr. Eoesch: Q. Do you know a "floater" when you see him? A. Yes, sir; pretty generally in our section. Q. Was it not a fact this man St. Mary was not registered ? A. I . have understood so since; I didn't know it at the time. Q. He had "floated" around to a place where he didn't belong? , A. Yes, sir; that was the fault of the board and not of himself. By Mr. Arnold: Q. Do you know for certain that he was not registered? A.' No, sir, Mr. Whitman. — Proof has been given from the registry book. Alexander Smart, sworn for the sitting member, testified: By Mr. Arnold: Q. Where do you reside ? A. Salem. Q. What ofi&cial position do you hold in that town? A. Town clerk. Q. Have you with you the registry book of district No. 3 ? A. Yes, sir. Q. Will you turn to it and see whether the name of Martin Gleason is upon it or not ? A. It is not. Chairman Eobsoh. — Will the examination of this witness be long? Mr. Arnold. — No, sir; just a moment. Q. Will you turn to the poll-list and see whether he was registered as having voted 1 A. His name is. Mr. Arnold. — We offer in evidence the district books of district No. 3, and the poll books. Chairman Eoesch. — If there is no objection Ijhey will be admitted and marked. Mr. Whitman. — There is no objection. [The same were marked by the stenographer, " No. 5, No. 6, No. 7 andNoS— S.C.R."] 74 586 Martin Gleason, sworn for the sitting member, testified as follows: By Mr. Arnold : ^ Q. Where do you reside ? A. Salem. Q. In what election district ,did you vote last fall ? A. No. 3. Q. What ticket did you vote ? A. Democrat ticket. Gross-ewaminatton : By Mr. Eoohb : Q. Where did you reside at that time ? A. Salem. Q. What district ? A. No. 3. Q. Are you of age? A. Yes, sir. Q. Who composed the board of inspectors in that district ? A. Jo^n McNaughton, Johnny Johnson and William Cruikshank. Q. Republicans or Democrats? A. I couldn't tell. Q. Was your vote challenged ? A. No, sir. Q. How; long had you lived there ? A. A year. Q. Had you voted tbere the year before ? A. At the spring election before. Q. Had you the fall before ? A. No, sir. Q. Who did you vote for for Comptroller of the State? A. I couldn't recollect. Q. Who did you vote for for Member of Assembly ? A. I couldn't tell you; I don't know. Q. Who did you vote for for Senator? A. Michael Collins. Q. Was any question made there about your right to vote ? A. No, sir. Q. Did you suppose your name was on the registry list ? A. Tes, sir. Q. You supposed it had been copied from the previous spring? A. Yes, sir. Q. That is quite a strong Republican town ? A. I presume it is. By Mr. Arnold ; Q. You supposed you were registered ? A. Yes, sir. Q. They didn't discover you were not registered until they had deposited the ballot ? A. No, sir. By Chairman RpESCH : Q. How far do you live from here ? A. Forty-six miles. By Mr. Roche: Q. Do you know whether they drew out that ballot in the evening ? A. I don't. 587 Q. Did you hear as to whether they did or not ? A. No, sir. Chairman Eoksoh. — I am compelled to now , take a recess, unless Senator Endres shall appear, whom I expect every moment. Should he arrive you may go right on. If he does not appear a recess will be taken until 3 o'clock, and I will then sit with you the rest of the afternoon. (After a brief time Senator Endres appeared.) Edgab Newton, sworn for the sitting member, testified as follows: By Mr. Abnold: Q. Where do you reside ? A. Town of Port Edward. Q.-What election district do you vote in ? A. No. 4 Q. Fort Miller district? A. Yes, sir. Q. What is your business ? A. Farming. Q. Sometimes do you assist the lock-tenders when they are short ? A. ¥es, sir. Q. Did you have a conversation with one Edward Shannahan about election day? A. Yes; the day before election. Q. State that conversation ? Mr. Whitman. — It is objected to. ' Q. Did you have a conversation on electiqn day or the day previous in which he asked you not to go to the polls and vote ? A. Yes, sir. Q. State that conversation. Mr. Whitman. — That is objected to. Chairman Endbes. — Oh, let it go. Mr. Whitman. — Well, I will waive it. - A. He said if I would work for him election day he would pay me for my day to keep away from the polls. Q. Did he state to you that it would be the best day's work you had done that year, or that in substance? A. Yes, sir; I think so. Q. Will you state what his business is or was last year ? A. Lock- tending. Q. Lock-tender on the canal ? A. Yes, sir. Q. Under whose supervision is he ? A. John Ganley is the super- intendent of that division. Q. Where does he reside ? A. Fort Edward. Q. Did either Mr. Ganley or Mr. Wells say anything to you in regard to not voting; or voting the Democratic ticket upon that day? A. No, sir; not on that day. Q. Prior to that had they ? A. Yes, sir. Q. Stale what they or eitlaer of them said ? A. Mr. Wells told me if I would vote for Flower he would get me a good job in the spring. 588 Q. Wiat are your politics ? A. Eepublican. Q. How comes it that you as a Eepublican occasionally get a job to tend lock there ? Mr. EocHE.— I object to that as immaterial. Mr. Arnold.— I want to show that in that part of Fort Edward they have no Democrats to run that lock. Mr. Whitman. — How many men does it take to run a lock ? Mr. Arnold. — Two. Mr. Whitman. — Yes, aUd there are only two locks in town. Q. What is Shannahan's politics ? A. Democrat. Oross-eteamination : By Mr. Eochb: Q. Did you vote last fall ? A. Yes, sir. Q. Did anything that either of those gentlemen said to you intimi- date you or influence you in regard to your voting ? A. No, sir. Q. You voted as you chose and as you meant to, without regard to what they said ? A. Yes, sir. Q. Did either of theni say anything to you about voting for the office of Senator? A. No,|sir; Q. How many locks are there in Fort Edward ? A. Only one in Fort Edward. Q. How many where you were ? A. Only one. Q. How many able-bodied Democrats in the town of Fort Edward ? A. I couldn't say. Q. Several hundred ? A. I couldn't say as to that. Q. Is there 100 ? A. I couldn't say that. Q. Are t^iere 100 Democrats there? A. I presume like enough there was, but I couldn't say there was. Q. What is the population of the town ? A. I couldn't tell you that. Q. About what ? A. I couldn't tell you, Mr. Wellington. — I object to it as immaterial. Q. It is quite a populous place ? A. Yes; quite a town. Q. Is there not quite a number of Democrats living in the town ? A. I suppose there is. By the Chairman: Q. Did you vote for Mr. Flower ? A. No, sir; I didn't. By Mr. Whitman : Q. Isn't it a fact that it is a common thing for the lock- tenders to hire men to spell them awhile so they can go away and attend to anything ? A. Yes, sir. 589 Q. lem't that common all along the canal ? A. Tes^ air. Q. You have been a boatman ? A. Yes, sir. Q. "When there is no election up, or anything of that kind, to influence them it happeiis ? A. Yes, sir. Q. It is solely for the accommodation of the lock-tender ? A. Yes, sir. ZiNA Bell, sworn for the sitting member, testified as follows: By Mr. Ingalsby: Q. Where do you reside ? A. Fort Edward. Q. In the Fort Miller election district ? A. In the third district. Q. The polling place is where? A. At Fort Edward. Q. What is your business J A. Well, I live on a farm there. Q. State, how your farm is located as to the Champlain canal? A. It runs across the cana.1, and some of it to the river; it runs down to the river. Q. Your farm is located on the east and west banks of the canal ? A. The canal runs right across the farm. Q. Do you know Mr. John i&anby ? A. Yes,' sir. Q. What position on the canal does he hold ? A. Superintendent, I suppose; that is what they say. Q. He has for two or three years past ? A. Yes, sir. ' Q. What is the fact about his being superintendent of that portion of the canal running through your farm; his section comes in your farm? A. Yes, sir; it runs right through it. Q. StSte what was done by the canal authorities year before last about the canal at that point ? Mr. EooHE. — I object to it as immaterial. Chairman Endees. — What is this for? Mr. Ingalsbt. — It is to lead up to what transpired between the witness and Mr. Ganley last fall. Chairman Endees. — You are going beyond 1891; it is going too far; you can ask about 1891. Q. State if during last year or the year before the canal was fixed and leaked at various places more than before? A. Yes, sir; it did; they cleaned it out and dug it out wider, and dug., down where the slate had been put in, and it caused it to leak more than it used to. Q. Immediately after that was done, did you apply to Mr. Ganley to dig some ditches for you? A. Yes, sir; I asked him to do by me as he had by the other neighbors above — to dig ditches to drain the water that come through. Q. What did he do about it ? A. Not anything then. 590 Q. Last fall immediately before election did you have an interview with Mr. Ganley? A. Yes, sir; he come out of his office and called to me to stop, and he wanted to know where the ditch was as he wanted to dig it for me now. Q. That was at Fort Edward village you saw him? A. Yes, sir. Q. What did he say to you at that time ? A. He said he would dig the ditch, and he ^ould like to have me vote for Mr. Flower; he would dig a ditch and fix it all right if I would do so. Q. What else did he say ? A. After he come down there to see where the ditch was to be he said he would furnish me with some plank to make a blind drain under the earth from this ditch towards the river, which he never did. Q. Did he say anything further to you upon the subject? A. No, sir; he had me point out where I wanted the ditch, but they didn't dig it exactly where I wanted it, and it didn't amount to anything that they done. Q. That was after the interview with him ? A. Yes, sir. Q. It was in that interview at Fort Edward that he said he would dig the ditch if you would vote for Mr. Flower? Mr. EocHE. — He didn't say so. A. He said if I would vote for Mr. Flower he would make the ditch all right. Mr. Ingalsby. — That is what he said a while ago. Mr. EocHE. — He didn't say so; he didn't use the word "if." Mr. Ikgalsbt. — I will appeal to the stenographer as to what the witness said. Will Mr. Eodgers read the witness' statement ? The stenographer read as follows : Q. What did he say to you at th^t time ? A. He said he would dig the ditch, and he would like to have me vote for Mr. Flower; he would dig a ditch and fix it all right if I would do so. Q. That statement is correct? A. That is as near as I can remem- ber; there might have been some other words. Gross-examination : By Mr. Eoohe;- Q. Did you vote ? A. Yes, sir, Q. What are your politics ? A. Eepublican. Q. Did you vote the Eepublican ticket? A. Yes, sir. Q. Did what Ganley requested you to do influence you or intimi- date you in regard to your vote ? A. No, sir. 591 Q. Was anything said to you by Ganley in regard to your voting for any person for the office of Senator ? A. No, sir; I don't think there was. / I Harvey J^okson, recalled. By Mr. Arnold : Q. You reside in Whitehall ? A. Yes, sir. Q. On election day were there some repeaters in the town of White- hall ? A. I believe there was. Q. Did one of them come to your place of business or place of residence ? A. To my place of residence. Q. Did he mate any inquiry of you ? A. Yes, sir. Qv Who did he inquire for ? A> James Whalen. Q. What is his politics ? A. Democrat. Q. Was he one of 'the Democratic workers at the polls in Whitehall on election day ? A. Yes, sir; I believe he was. ,Q. Was he understood to be one of the men who handled the money — Mr. BooHE. — Wait a moment. We object to that as incompetent. Mr. ARNOtD. — I waive it. Q. Did you see these men when they left town? A. Yes, sir. Q. Where did they buy their tickets to, or some part of them ? A. For Troy. Q. Do you know how many were there in the gang that went at that time ? A. I believe five that I saw. Q. There were others there besides those as you understood ? Mr. Roche. — I object to that. Mr. Whitman. — Do you want him to guess at it ? Mr. Arnold. — His understanding of it. Mr. RooHE. — His understanding isn't evidence. / Q. You saw these men passing the polling places in small squads of two and three together, did you ? A. I saw them pass the polling place in district No. 1. Q. They went by twos and threes ? A. Yes, sir. Q. What is your best ^knowledge as to whether there were nine there that day ? / Mr. RooHE. — Sure he has testified there were five. ^ Q. What do you say ? A. I couldn't say there was more than five; I didn't see but five at the time or any time. Q. Were you instructed by anyone to see that they took the first train out of Whitehall south ? A. Yes, sir. Q. By whom ? A. By 'Walter Wicks and Mr. Hall. 592 Q. Mr. Hall was the chairman of the Republican county committee at that place. A. Tes sir. Q. Did you go aboard the cars and see that they started ? A. Yes, sir; I gave one of them a cigar to smoke to get him out of town. Gross-examination : , By Mr. Roche: Q. You are one of those deputy sheriffs who had an appointment in blank and got five dollars; are you not ? A. Grot five dollars for what ? ' Q. You got five dollars — I don't say what for. A. I got five dollars. Q. Did you get it from the county of "Washington or the village of Whitehall? A. I couldn't say whether from the county of Washing- ton or where. Q. You couldn't say ? A. No, sir. Q. Did you put in any bill against the county ? A. No, sir. Q. Do you. know of any way of getting money from the county except putting in a bill and having it audited by the board of supervisors ? A. Sometimes they do. Q. What way ? A. Lots of times they do. Q. Who do ? A. Good many of them. Q. Do you ? A. No, sir. Q. Tell me one who has ? A. There's lots of them that does. Q. Lots of them ? A. Yes, sir. Q. Who has got money belonging to the county of Washington from it without putting in a bill against the county and having' the same audited by the board of supervisors ? A. I don't say any thing about being audited; they get it, though. Q. In what way ? A. Lots of them steal it; some of them. Q. Who are they ? A. That's a good many. . Q. You need something of a reform up in that county of yours; did you get any money by stealing or otherwise from the county of Washington ? A. No, sir. Q. You didn't get any from the county ? A. I don't known as the county give it to me; I got five dollars for my day's work. Q. Who from ? A. Through the mail. Q. Did it come from the county treasurer ? A. No, sir. Q. Did it come from the treasurer of the town ? A. It was mailed in Wkitehall. Q. Did it come from any public of&cer in Whitehall ? A. I couldn't tell you. Q. Did it come from the treasury of Whitehall ? A. I could not tell yoiii 593 Mr. Wellington. — The probabilities are that it was paid by the Eepublioans. Q. Why are not you frank enough to say so ? A. Tou ask me and I couldn't tell you. Q. What kind of money was paid to you in that secret way? A. Fiv6-dollar bill. Q. How did it come to be sent to you in a secret way ? A. It was in the post-office; it was for my day's pay. Q. On election day ? A. Tes, sir. Q. Why didn't you say so a little while ago ? A. I told you I don't know who sent it to me. Q. Do you know the name of any of the five persons you saw ? A. No, sir. Q. Did you see any of them vote ? A. No, sir. Q. Tou saw them only in one district ? A. I saw them in district No. 1.- Q. What train did they get on ? A. Train 10. Q. What hour ? A. Eleven-thirty in the morning. Q. What time were you at the polls ? A. Between 6 and 7 o'clock. Q. You were there about all the morning? A. I was there all day. Q, Until they went away ? A. Tes, sir. Q. What is Whelan's business ? A. Bailroad man. Q. Eailroad contractor ? A. He is a brakeman. Q. Is his brx)ther a contractor ? A. No, sir. By Mr. Whitman: Q. It is not John's brother ? A. No, sir. By Mr. Eoohb: Q. Is Whitehall considerable of a canal town ? A. At the present time it is. Q. During the season is it ? A. It has been of late years. Q. Quite a number of strangers and transient visitors in the town from time to time ? A. Tes, sir. Q. Tou don't know where these men actually did go ? A. I couldn't say as to that. By Chairman Endbeb : Q. This money was sent to you in an envelope in the post-office ? A. Tes, sir. Q. Who told you that you could get it there ? A. I received in the mail. 75 594 Q. You went there expressly to get it? A. I went there to get my mail, and found that there. Q. Was there any writing inclosed in it ? A. No, sir. Q. Just simply a five-dollar bill in an envelope ? A. Yes, sir. Eli F. Carpenter, sworn for the sitting member, testified as follows : Examined by Mr. Arnold: Q. Where do you reside ? A. Sandy Hill. Q. Have you been subpoenaing some of the witnesses for the sitting member ? A. Yes, sir. Q. Were you given some subpoenas for John Ganley, William Ganley and Dennis Orwell ? A. Yes, sir. Q. State what you did with those subposnas, or how you attempted to serve them ? A. I have the subpoenas now. Q. When was the first time you went to subpoena them ? A. I think the first day of March. Q. How far did Ganley live from Sandy Hill ? A. About three miles. Mr. EooHB. — Were these men subpoenaed? Mr. Arnold. — No, sir. I want to show why we couldn't get service on them. Mr. EooHE. — If the committee please, I object to it as immaterial. It is filling up the record with proof of non-service of witnesses living up there. Mr. Arnold. — We desire to show also that the witnesses have been in hiding since March first. Mr. Whitman. — What does that prove in the case? Chairman Endres. — Does that connect the sitting member with the hiding of witnesses? If it does not I do not see how it would be material. If you can connect Senator Collins with the spiriting away of the witnesses it will be material. Mr. Wellington. — It is not that. We have shown these three men have by promises, and what we call threats, tried to intimidate voters along the canal, and we have endeavored to subpoena these men. It is only fair to us to say that we have made a bona fide attempt to subpoena them. It is precisely like the proof made by the contestant that one who was claimed to have paid men for their Vote had been attempted to be subpoenaed. Mr. Whitman. — We proved we did subpoena theml Mr. Wellington. — Yes, and you made proof of another man whom you attempted to subpoena, and it was not successful, and the witifess was allowed to state what you did in that respect. 595 Chairman Endees. — The witnesses .you have sworn have not con- nected .them with Mr. Derby or Mr. Collins. You have not connected either Mr. Collins or Mr. Derby with the voting for Mr.- Mower. Mr. Wm-ungton. — "Well, that is for the Democratic party. The Chairman.— Oh, Mr. Wellington, you, as an old politician, know better than that. Mr. EopHB. — Supposing we admit the bonti, fides, as Mr. "Wellington says, of the attempt to serve these men, what does it establish in this case ? The Chaieman.— Let it go in, and the committee wUl consider it for what it is worth. Mr. Wellington.— That is all we ask; that is fair. Q. The second time you went there state who you inquired of and what they said ? A. I went to Mr. Ganley's house and inquired for him; I went to his place of business. Q. What did they say ? A. At his house his son came to the dopr; he said he was not in; I started to go away and as I was going out the boy came back and wanted to know my name and who wanted to see Mr. Ganley; I told him it didn't make any difference, that I would be in again; I went there again and I told him that Mr. Carpenter, from Sandy Hill, wanted to see him. Q. Did he state where bis father was? A. No, sir. Q. Who else did you inquire of at that time? A. I inquired of his neighbor there, Myron Pratt, and he said he had seen him the day before, but he was keeping shy. By the Chaieman: Q. Did his neighbor say he was kepping shy ? A. Yes, sir; L asked him if he had seen Mr. Granley within a day or two, and he said, "Yes; but you can't see him; he is keeping shy." The Chaieman. — Then he was expressing his own opinion. Let it go in and the committee will take it into consideration. The Witness. — I inquired of a hotel' keeper close by and they said that they hadn't seen him for a few days. By Mr. Aenold: Q. You made an attempt to serve upon him on the first and fifth of March? A. Yes, sir; I have been looking for him ever since. Q. Did you make another attempt last Saturday? A. Yes, sir; on Saturday I drove to Salem, and as I was sitting in the store a friend of mine come in from East Greenwich and I had a conversation with him; I asked him how he was enjoying himself, and he said first rate; he said, " X have had company part of the winter of a gentleman from 596 ' your way; " I asked him who, and he said the Ganleys and Dennis Orwell had been there a few days fishing; I agked him if they were there now, and he said, "No; they had started for Cambridge;" I said, "I intended to drive around there going home; he said, "I know about what you want; you can't find them; they are keeping shy;'' then when I got home there was a dispatch for me stating they were going from East Greenwich to the poor-house, and from there home at dark. By Mr. Eoohe: Q. To the poor-house? A. ¥es, sir; Washington county poor- house. By Mr. Arnold: Q. Did you again go there? A. Yes, sir; I went there to see them but I couldn't find them; I saw him yesterday; he was in Sandy Hill. (Jross-examination : By Mr. Whitman: Q. Don't you know he walked past your house, leisurely, in broad day light, within a few days ? A. On Sunday he has. Q. You didn't stop him ? A. No, sir; not on Sunday. Q. He was afoot yesterday ? A. Yes, sir; he and his son went by. Q. Who did you get this telegram from ? A. Fred Eraser. Q. What did he say in it ? A. He says, " The men are gone from Lake's to the poor-house; will drive home at dark;" I have the dis- patch here. Q. The poor-house is kept by a prominent Republican ? A. I don't know. Q. Don't you know that fact ? A. No, sir. Q. You know the superintendent of the poor-house is a Repub- lican? A. No, sir; I don't know it as a fact. Q. It is an elective office ? Ai Yes, sir. Q. Do you know of any Democrat being elected to office of late years there ? A. No, sir; but I say I don't know the gentleman. By Mr. Roche: Q. Has any Democrat been elected since Judge Whitman was honored up there — do you know of any Democrats who have been recognized since ? A. No, sir; not that I knpw of. By the Chaibman: Q. Who subpoenaed you? A. Mr. O'Brien; I have been here three timesi 597 William H. TtuWAKD, sworn for the sitting member, testified as follows '. B^ Mr. Wellington: Q. You reside in Troy, ninth ward, third district ? A. Second dis- trict of the ninth ward. Q. Were you Eepublie^/n poll clerk in the third district last November t A. Yes, sir. Q. Did you see electioi^ieering done by Democrats within 150 feet of the polling place ? A. No, sir; I couldn't say I saw them electioneering. Q. Did you see any voters approached by Democractic workers? A. No, sir. Q. Did you see any voters accompanied into booths? A. I saw voters assisted. Q. Were thobe voters sworn before they were assisted? A. Yes, sir. Q. Did you see any who went into booths who were not sworn who were followed by Democrats into the booth ? A. No, sir. Q. How mtoy men were assisted? * A. There was quite a number, I don't recollect how many. Q. Were they apparently physically disabled ? A. They didn't look that way. Q. How many days have you been in attendance here ? A. I was here Wednesday night, Thursday night and to-day. Q. Under subposna? A. Yes, sir. By the Chaibman: Q. Why weren't you sworn Wednesday or Thursday ? A. They did not call on me. Fbed Bloomfield, sworn for sitting member, testified as follows : By Mr. Wellington: Q. Where do you reside ? A. Troy. Cj. What district? A. It was the fourth district of the eleventh ward. Q. You were a Eepublicaninspector ? A. Yes, sir. Q. Did yoii see electioneering done by Democrats within 100 feet of the polling place during election day ? A. Yes, sir. Q. In the polling place itself ? A. Yes, sir. Q. Did you see paster ballots peddled? A. Yes, sir. Q. By Democrats ? A. Yes, sir. • Q. Did you see Voters go into the booths ? A. I did. Q. Did you see those voters followed in by Democrats ? A. Yes, sir. Q. Were those voters sworn as to physical disability ? A. They were not. 598 Oross-examination : By Mr. Roche: Q. Who were they ? A. Well, there was several there that I kncW and there was some I didn't know their names. Q. Can you give the name of one? ^A. Yes; there was one man named McGrath or McGraw; I don't know which. Q. He was physically disabled? A. Yes, sir; he claimed to be, but. I don't think he was myself. Q. I didn't ask your opinion; he claimed to be? A. Yes, sir. Q. Was he sworn ? A. No, sir. Q. No person administered the oath to him? A. No, sir. Q. At what hour was it? A. It was about somewheres around half-past 12. Q. What is his first name and where does he live ? A. He lives in the rear of, I forget the 6xact number, between Second and Third street. Q. What is his first name ? A. Morris. Q. Who else did you see? A. There was some others went in there; of course, I don't know all their names. Q. Give me the name of any one else ? A. There was a man named Perry went in with his brother. Q. What was his first name ? v A. I think it was JosepTi. Q. Do you know whether he has any physical difficulty? A. I don't think he has. Q. Do you know ? A. Well, I am pretty sure he hasn't. Q. Do you know ? A. No. Q. Isn't McGrath partially paralyzed ? A. No, sir. Q. Isn't there something odd in his appearance ? A. No, sir. Q. Perry's brother went in with him ? A. Yes, sir. Q. What was his name? A. John, isn't it? Mr. Burke, there, can tell you ? Q. Can you tell me any other person? A. I can't. Q. Was there any minute made of this by the poll clterks? A. I think so; I am not s^re. (Chairman Roesoh here appeared). Stephen Eock, sworn for the sitting member, testified as follows: Examined by Mr. Arnold : Q. Where do you reside ? A. North Hartford. Q. What polling place did you vote at ? A. In John Britten's hotel. Q. That is at Hartford village ? A. Yes, sir. Q. Did you vote at the last fall election ? A. Yes, sir. ' ' 599 Q. Were you approached by any man? A. Ko, sir. I took my ticket and walked right up and voted. Q. Did Mr. Tallman give you a ticket beforehand? A. Yes; last fall he did. Q. He gave you a paster ballot ? A. Yes, sir. Q. What is his politics ? A. Democrat. Q. What did he tell you he would give you if you voted that paster ballot? A. A dollar and a half, Q. Did you vote it ? A. Yes, sir. Q. Did he pay you the money ? A. No, sir. By Mr. Whitman: Q. Hartford is one of the strongest Eepublican towns in the county, isn't it ? A. Yes, sir, most of them be. Q. Are you ? A. No, sir. Q. When did you cease to be ? A. I am a temperance man. Mr. Wellington. — The committee wanted a definition of a " floater.'' Chairman Roesch. — This is a practical illustration. This is putting in an " exhibit." W^^^<^^ -^^ Spbagub, sworn for the sitting member, testified as follows : By Mr/ Arnold: Q. Where do you reside ? A. Middle Falls. Q, In what town ? A. Greenwich. Q. In what election district do you vote ? A. Third. Q. On election day last fall did you see any electioneering done within 150 feet of the polls by Democrats? A. I saw some pasters given out. Q. By whoni ? A. Charles Stover gave one to his father Jacob. Q. How far was that from the polling place ? A. About seventy- five feet I should judge. Q. Did you see any others given out that day? A. I saw Mr. Tilford go out to a load that come up from Thompson's Mills and gave them two of what I think were pasters. Q That was within how far of the polls ? A. Within sixty feet. Q. Is Tilford a son of the Democratic ex-supervisor from Fort Edward ? A. Yes, sir. Q. What is his politics ? A. Democrat. Q. Were there any others ? A. I saw no others. 600 By Mr. Eoohb: Q. You didn't see these pasters ? A. None of them to read them. Q. You don't know what name was on them for the office of Senator? A. No, sir; I don't. Henby M. Mansfield, sworn for the sitting member, testified as follows: By Mr. Arnold : Q. Where do you reside ? A. Middle Falls. Q. What town? A. Town of Greenwich. Q. What election district? A. Third. Q. The same as Mr. Sprague, the last witness? A. Yes, sir. Q. Did you see any Democrats electioneer within 150 feet of the polling place at the last November election? A. Yes, sir; I think I did. Q. State who they were? A. I saw a Democrat watcher named John McCabe give a paster out. Q. How far was he from the polls? A. I should think perhaps fifty feet ; just out in front of the building. Q. How far were you from him 'at the time ? A. Possibly twenty feet. Q. Did you hear him tell the man about it? A. Yes, sir; he gave him instructions how to use the paster. , Q. How many others did you see given out within 150 feet of the polls ? A. I couldn't say ; I saw a number of others given out ; I remember seeing some one give a paster right in the corner of the building ; I couldn't say. Q. It was One of the Democratic workers ? A. Yes, sir. Q. flow far was the corners of the building from the polling place ? A. Perhaps ten feet from the door. Q. There were others whom you can't now recall ? A. I couldn't recall them now. Q. How many more should you say you saw electioneering within 100 feet ? A. Possibly two or three more. Gross-examination : By Mr. Whitman : Q. Who was it you saw John McCabe give the ballot to ? A. I don't remember the man's name; I know his countenance very well; I think his name is Golden, but I couldn't be certain. Q. Did you hear him say anything to him ? A. I heard Mr. McCabe tell him how to use the paster, how to put it upon his ticket. 601 Q. That was a sample ballot or a paster, wasn't it? A. No, sir; it , was a regular paster. Q. Do you know whose name was upon that paster for Senator ? A. No, sir; I don't. Q. Nor do you know about these others ? A. No, sir; I judged they were Democratic pasters because they were Democrat workers. Q. You don't know for certain ? A. No, sir. By Mr. Arnold: Q. These men who gave them out were prominent Democrats? A. Tes, sir; John McCabe was a Democratic watcher. By Mr. Whitman: Q. Who else were the prominent Democrats; you said you couldn't name any ? A. There was a number of them. Q. That you saw give out pasters? A. I couldn't say for a certainty. Henbt J. OoTE, sworn for sitting member, testified as follows: By Mr. Wellington: .• ^ Q. You reside in Troy ; ninth ward, third district ? A. Yes, sir. , Q. You were a ballot clerk at the November election ? A. Yes, sir. Q. You are a Eepublican ? A. Yes, sir. Q. Did you see Democrats electioneer inside the polling place on election day last November ? A. Yes, sir. Q. Did you see voters accompanied into booths by Democrats ? A. Yes, sir. Q. Were those voters sworn ak to any physical disability? A. Yes, sir. Q. Did you see any voters who were not sworn as to any physical disability go into booths and after that were followed by Democrats ? A. Yes, sir. Q. In the instance last named, the voters were not sworn and made no claim of physical disability? , A. No, sir. Q. I think you don't understand me; did you see any voters go into booths without taking any oath, and after they had gone in did you see Democrats go into the booth after them ? A. Yes, sir. Cross-examination : By Mr. Eoche: Q. Who did you see ? A. I saw a man named Egan. Q. What is his first name ? A. John. 76 602 Q. What did he do ? A. He went up and he said he was physically disabled, and they didn't want anybody to go in the booth with him; he said he would go anyway, and he went into the booth. Q. You say they didn't want anybody to go in with him — who is " they " ? A. The Republican inspectors. Q. They didn't want anybody to go in with him? A. Nb, sir. Q. He wanted someone to go in with him ? A. Egan didn't want anybody to go in with him. Q. Who went in with him ? A. A man named Fitzgerald. Q. What is his first name ? A. John. Q. Are you very deaf? A. Not very deaf; I am hard of hearing; I can hear you talking now. Q. How near was Egan to you? A. He was standing alongside of me. Q. Do you know that Egan didn't ask anybody ? A. Yes, sir. Q. Did you hear everything that Egan said 1 A. No, sir. Q. Who did the electioneering in the polling place; what was it? A. A man named Myers. Q. Is that the same person your brother spoke about here? A. My brother testified here. Q. That is the same Myers ? A. Yes, sir. Q. He said he gave out a paster ballot to somebody who asked tot the ballot? A. Yes, sir; I saw Officer Ryan put a paster ballot in a man's pocket right along side of me. Q. What Officer Eyan is that — the tall, thin man that was here this afternoon? A. No, sir; he is a short man. William J. Jones, sworn for the sitting member, testified as follows : By Mr. Arnold: Q. Where do you reside ? A. Middle Granville. Q. In what election district do you vote ? A. No. 4. Q. What official position, if any, did you hold at the November election, 1891 ? A. Inspector of election. Q. What are your politics ? A. Eepublican. Q. Mr. Murphy has been sworn for the contestant and testified that there were defective ballots found in the district, and that the defect was that some of the paster ballots were loose, not having been fastened, and as to some that they were fastened on the back of the official ballot instead of on the face; now how many of those eight ballots do you know were official Republican ballots? A. Six. Q. Six of the eight were Republican ? A, Yes, sir. 603 Q. Mr. Murphy testified that the board voted to count the paster ballots? A. Yes, sir. Q. How did you vote upon that question ? A. I voted not to count them. Q. What is the politics of the remaining two inspectors of that dis- trict 1 A. One IS a Prohibitionist and the other is a Democrat. The Chairman. — How do you get such a board? Mr. Arnold. — I don't know. By the Chairman : Q. How did you come to get that kind of a board — a Prohibition- ist, Democrat and a Republican? A. I don't know; they had a union ticket. Mr. EooHE. — They had a political " coat of many colors." By Mr. Whitman: Q. Granville is a strong Republican town? A. Yes, sir. Q. The members of the election board there are Republicans ? A. Yes, sir. Charles E. Cooke, sworn for the sitting member, testified as follows: i By Mr. Wellington: Q. You reside in the eighth ward, third district, Troy ? A. Fourth district; I acted in the third. Q. You were Republican poll clerk in the third district last Novem- ber? A. Yes, sir. ; Q. Did you see any Democrats electioneer in the polling rooms ? A. Yes, sir. Q. During the day ? A. Yes, sir. The Chairman: Q. How old are you ? A. Thirty-three. By Mr. Eoohe : Q. Where is the polling place ? A. Southeast corner of Washing- ton and Fourth streets. Peter Curbt, sworn for sitting member, testified as follows: By Mr. Wellington : Q. You reside in Troy 1 A. Yes, sir. Q. You were Republican poll clerk in the eighth ward, first district, last November ? A. Yes, sir. 604 Q. Did you see Democrats electioneer wittin the polling place ? A. No, sir. Q^ Did you see electioneering done outside the polling place within 150 feet of the polls ? A. No, sir; I was not outside. Q. Did you see men vote who had no right to vote ? A. I can't say I did. Q. Did you see men who were not physically disabled assisted? A. No. Q. You didn't see much of any thing? A. Well, we had a good registry board there. We had a good, honest board there. Mr. Wellington. — l^hat is all. Mr. Roche. — That is all we want, too. Theodoee T. Chase, sworn for the sitting member, testified as follows : By Mr. Wellington : Q. Tou reside in Troy, and were a Republican inspector last November, in the first district, eighth ward ? A. Yes, sir. Q. Did you see Democrats electioneer within the polling place ? ' A. Yes, sir; inside the guard rail. Q. Did you see any repeaters vote ? A. Yes, sir. Q. Who brought those repeaters into the room ? A. I couldn't say. Q. Did you see them spoken to inside th& room? A. No; I can't say I did. Q. Did you see a man from No. 19 Haverman avenue vote who was also registered in the eleventh ward ? A. Yes, sir. Q. Who was the Democrat who was working inside the guard-rail ? A. James Fleming. Q. A prominent Democrat in Troy ? A. Yes, " the eighth ward boss." Q. Did you see Democrats go into the booths with voters who had not sworn they were physically disabled ? A. I didn't see them go in, I saw them in there; I saw one. Q. Who was it ? A. Austin Moran. Q. Is he a Democrat ? A. Yes, sir. Gross-examination : By Mr. Roche: Q. Was he the voter, or the person who went in? He was the per- son who was in the booth; he was not the voter. Q. Who was the voter? A. I couldn't say the man's name. Q. Did you keep a note of the men who said they were physically disabled ? A. I believe the poll clerks did. 605 Q. Ib Moran's name upon it ? A. No, sir, not as assisting any body I don't think; not this man any way. Q. Is the naine of the voter who was assisted upon it ? A. No, sir; not as being assisted. Q. You are sure about that? A. Yes, sir; it was early in the morn- ing before anybody was sworn as td being physically disabled, and I was checking off the names, and I saw two sets of legs in a booth and I opened the door and there was Austin Moran, and I invited him out and he immediately got out. Q. What was the voter's name ? A. I don't know. Q. Do you know that his name is not upon the book as being physically disabled ? A. Yes, sir. Q. When did you look at it ? A. Election day. Q. Did you sign the return in which they were ? A. Yes, sir. Q. Any disagreement among the inspectors as to the count of votes ? A. No, sir. Q. Who was this man from Haverman avenue. A. Peter Gorman. ' Q. Did he vote in the eleventh ward ? A. I don't know; he regis- tered in the eleventh. Q. Was he registered in the eighth ? A. Yes, sir. Q. Did you know as a fact that Gorman had his name taken off the registry in the eleventh ward on the ground that it was a mistake and that he claimed to be properly registered in the eighth. A. We objected to him when he registered; I being in the employ of the concern that rented the house that he claimed to live in, I knew something about it. A. Was that house in the eighth ward ? A. Yes, sir. Q. His proper place to register and vote was in the eighth ward ? A. It was if he lived there, but he didn't live there. ^ Q. Where did he live ? A. I don't know; he registered from his father's place of rtsidence in the eleventh, and then came into the eighth and registered from 19 Haverman avenue. Q. Is he married ? A. No, sir. Q. Wbat fs 19 Haverman avenue? A. It is a two-story brick dwelling. Q. Was he boarding there ? A. I don't think he was. Q. Do you know ? A. I know he wasn't long enough to be entitled to a vote, because I knew the house was vacant. Q. Do you know how long he was boarding there? A. Less than thirty days, if at ail. Q. Is he around town ? A. I have never seen him since. Q. Have you ever looked for hilE since ? A. No, sir. 606 Q. You are satisfied he had no right to vote in the eighth, but that his proper place of residence was in the eleventh ? A. I didn't know anything about the eleventh; I was satisfied he hadn't any right to vpte in the eighth. Q. Did he vote in the eleventh ? A. I don't know. Q. Did you take any steps to have him arrested ? A. No, sir. Q. Did anybody else ? A. Not that I know of. Q. You don't know what ticket he voted ? A. He was backed up by all — Q. You don't know what ticket he voted ? A. I don't know. Q. He was backed up by whom ? A. By the Democrat voters; we challenged him and they forced him to swear in. Q. What did he swear to ? A. He swore that he lived there and was entitled to vote. Q. He took all the oaths prescribed by the statute ? A. YeSj sir. Q. Who put the ballot in the box ? A. Mr. Coffey. Q. He is a Eepublicanor Democrat? A. Democrat. Q. Did you protest against receiving the ballot? Mr. EooHE. — I object to it whether he did or not; if the voter takes the oath, no matter if the whole board object, it must be received. My friend had the Court of Appeals decide that. Mr. Wellington. — Yes; they decided it. The Chairman. — You may answer the question. A. We protested against taking his vote.' Q. Do you know that nineteen Haverman avenue was thirty days before election vacated? A. Yes, sir. Q. How do you know that fact ? A. I was employed by the real estate firm who has charge of the renting of the property. Q. What firm ? A. Gilbert Geer, Jr., & Co. Q. At that time they had that house to rent and it was vacant? A. Yes, sir; we also refused to receive the vote thereof, I can't call his name, but the man who hired it didn't move in until three or four days after the thirty day-limit, and he registered and came and took his name of; he became convinced that he had no right to vote there and he took his name off. By Mr. Roche: Q. An honest Democrat ? A. Yes, sir; an honest Democrat; one of the three' or five dollar kind. The Chairman. — Strike out the last part of that answer. Mr. RooHB. — It shows his animus. 607 By the Chairman: Q. How diii you know lie was one of the "three-dollar kind;" what makes you say that ? A. He had that reputation. Q. How do you know; who told you he had that reputation? A. I don't know. Q. Did you ever buy him for three dollars ? A. No, sir. Q. Did you try to buy him ? A. No, sir. Q. Do you know anybody else who bought him ? A. No, sir. Q. What makes you think he was one of the " three-dollar kind ? " A. He is one of the " floaters " that the definition was given of here. Q. Are you acquainted with " floaters ? " A. I have some acquaint- ance with them; I can tell one pretty nearly. By Mr. Eoohe: Q. Did he wear a shabby coat ? A. That don't necessitate his being a " floater." Q. I want to know what the appearances are of a " floater " in your mind? Mr. Wellington. — This man he speaks of didn't vote, and what is the use of wasting the time. Mr. Eoohe. — What was the use of his making such a remark as he made? Mr. Wellington. — Well, the remark was stricken out, and it is not in evidence. By Mr. Wellington: Q. When you say this man, who voted from 19 Haverman avenue, was backed up by Democrats, do you remember, anything that was said by any of the Democratic workers ? A. No more than they urged him to swear in his vote ; I don't remember the conversation. By the Chairman: Q. You don't know that he voted, at any oth^er place? A. No, sir. Q. Was it stated that he did ? A. I never took pains to inquire after election. Q. Was it ever said in yoar hearing that he had voted at any other place ? A. It was said that his place he had voted — Q. (Interrupting.) Last fall? A. No, sir; I don't know. By Mr. Eoohe: Q. Who owned the house you had charge of? A. It belonged to the estate of Thomas Downing. 608 Q. How large is it? A. Two stories, or story and a half and basement. Mr. EooHE. — Well, we will look at that house. Albert Nash, sworn for the sitting member, testified as follows: By Mr. Wellington: Q. Where do you reside ? A. Second district, first ward, Troy. Q. You were a Eepublican inspector last November ? A. Yes, sir Q. Did you see any electioneering done by Democrats in the poll, ing place on that day ? A. No, sir. Q. Didn't you see pasters peddled ? A. There were pasters; the Italians that came in had pasters when they came in; I don't know where they got them. Q. Did you see a colored man by the name of Anderson come to vote ? A. Anthony is the name. Q. State what happened? A. He came in there and offered his vote and Aldermen Mead came in and challenged his vote. Q. Who is Mead? A. George H. Mead, aldermen; he said if he voted he would have him arrested; the man said he was a voter and wanted to vote. Q. Did he vote ? A. No, sir; the policeman took him by the collar and put him out. Q. What policeman ? A. Sheehan. Q. Is he a Democrat or a Eepublican ? A. I should say he was a Democrat. ' Q. Do you know Anthony's first name. A. Abram. Q. Was he registered? A. Yes, sir. Q. Have you the register with you ? A." Yes, sir. Q. Look at the register and see if his name is there? A. The entry is " Abram Anthony, County House." Q. Did you see any man vote there on election day who had no right to vote? A. No, sir; I didn't see them; there was one did vote though. Q. How did you find out that he was a repeater ? A. I didn't see him, but the real man came; I knew the man that had had his name voted on. Q. So the name was voted on twice ? A. Yes, sir. Q. Wasn't it Officer Batters who took this colored man out. A. I didn't know either of the men, but they told me it was " Jack." He was on duty until about 9 o'clock in the morning. Q. At the time this colored man offered to vote did you hear any of the inspectors say anything? A. Yes; there was Jimmy Haley — 609 Q. ( Interrupting.) Was he an inspector. A. Yes, sir. Q. And a Democrat. A. Yes, sir. Q. What did he say? A. He ordered the policeman to put the colored man out, and then he came out from behind the table; he was back of the table and we were on the other side; he was going to take hold of the colored man and the policeman took hold of him and threw him into the street. Q. What did the policeman say, if anything ? A. " Get out of here you damned old black bastard, or I break your head." Q. Did he make any remark to the effect that " what Haley says to-day goes ? " A, Yes; he came in and he says: " You are boss here to-day; everything you say goes;" Dr. Baynes spoke up and says: "I guess somebody else has got something to say as well as Haley." Q. Was Haley the chairman ? A. Yes, sir. Q. Did you see any men who were assisted in the booths who had not taken any oath of physical disability ? A. No, sir. • Q. Did you see any of the inspectors open ballots ? A. Yes, sir. Q. Which one ? A. Haley opened several of them and looked in. Q. Haley opened ballots and looked into them_ before they were deposited into the ballot box ? A. Yes, sir. ' Q. Ballots which had been offered by voters ? A. Yes, sir; I spoke to him about it several times and he said that was all right. Gross-examination : By Mr. Eochb: Q. Do you know what ballots they were ? A. No, sir; I didn't see them. Q. Do you know who the citizens were who voted them then ? A. No, sir. Q. Where did this Anthony live before he went to the county house ? A. He told where; I don't know. Q. Was there a dispute in the board as to his right to vote ? A. Not before he came to register. Q. Was it claimed that he should go to some other ward ? A. No, sir. , ' ' Q. Was he marked fot challenge? A, No, sir. Q. Do you know what his politics are? A. No, sir. Q. What is this man's name whom Mr. Wellington calls a f repeater," and about whom there is no proof that he repeated ? A. There was a man came in there and voted on — I forget the man's name now, although I know him by sight, and he came there afterwards and voted; his name had been voted on beforei 77 610 Q. Tou don't know either of the men's names, do you ? A. Yes; I know them but I can't remember them at present. Q. Is there anything there on your list that will tell it? A. Yes; I think so. Q. You don't know what ticket he voted? A. No, sir; I don't know what either of them voted. Q. Do you know how this alleged illegal voter came there ? A. No, sir; I don't know; I didn't see him at all; he had voted ai^d gone, and then the real man himself came afterwards. Q. You don't know what ticket the real man voted ? A. No, sir. Q. What was the name of the unreal fellow? A. He gave a name but I can't remember it. Geoboe a. Henry, sworn for the sitting member, testified as follows: By Mr. Aenold : Q. Where do you reside? A. Granville. Q. What election district ? A. No. 1, I believe. Q. On election day did you see Charles SchifE about the polls ? A. Yes, sir. Q. Whereabouts was he when you saw him ? A. Very close to the building. Q. What was he doing ? A. He appeared to be talking to a man about voting. Mr. Whitman. — What was he doing — not what he " appeared " to be. The Witness. — He had a ballot that was just like an official ballot in one hand, and what appeared to me to be some money in the other. Q. Have you any doubt but that it was money? A. No, sir; I have not ; I said to SchifE that he was pretty near the polls to be electioneering. Q. What answer did he make ? A. That he was going to fix him. Q. You passed into the polling place ? A. Yes, sir. Q. Did you see any other electioneering by Democrats within 150 feet of the polls that day ? A. No, sir. Gross-examination : By Mr. Whitman : Q. Wasn't it a well-known fact that SchifE was supporting the Republican candidate for sherifE ? A. 1 don't know. Q. Wasn't it so understood ? A. I don't know. Q. Have you heard that be was supporting bis own neighbor and townsman who was elected as sheriff? A. I heard of such a thing yesterday. 611 , Q. Tou didn't see him give any money to anybody ? A. No, sir. Q. Tou didn't see him offer any to anyone ? A. No, sir. By Mr. Aenold : Q. Did you hear it before yesterday? A. I heard there was a " deal " between SchifE and Finch. By the Chaieman : Q. What makes you say you have no doubt it was money in his hand? A. Because it looked like money. Q. Then you saw if it " looked like money ? " A. Yes, sir. Q. You actually saw the money? A. Yes; what looked to me like money. Q. Was it aoiik or paper money ? A. If it was money, it was paper money. Q. Of what denomination ? A. I don't know. Q. You say that it was paper if it was money, and awhile ago you said you saw it, and, therefore, had no doubt it was money; now, was it or not money ? A. I wouldn't swear positively. Q. And yet you said awhile ago that you had no doubt it was money ? A. I haven't now. Q. You will not swear that it was money, though ? A. No, sir. Q. That is all you will say about it ? A. Yes, sir. Q. Is it for the same reason that you think he was bought, or that he bought the other voter ? A. I don't know whether he bought him or not. Q. You thought he bought? Mr. Aenold. — No; he didn't say so. Chairman Eoesoh. — I understood him to say that he thought SchifE bought the other voter. The Witness. — No, sir; I didn't. Mr. Arnold. — SchifE said he was going to fix him. Mr. Wellinqton. — SchifE is a Democrat ? The Witness. — Yes, sir. Chairman Eoesoh. — He seems to have been a Democrat with Eepub- lican tendencies. Mr. Wellington. — No; he was supporting one individual friend on the Eepublican ticket. Deliverance Eogees, sworn for the sitting member, testified as follows : By Mr. Aenold: Q. Where do you reside? A. Granville. Q. What election district do you vote in? A. No. 1,1 think it isi 612 Q. The same as Henry ? A. Yes, sir. Q. On election day did you see Schiff about the polls there? A. Yes, sir. Q. What is his full name ? A. Charles. Q. Did you see him electioneering within 150 feet of the polls? A. Yes, sir. Q. How near ? A. Well, I should say somewheres from twenty to thirty feet. Q. Was he quite active about the polls that day ? A. Yes, sir. Gross- examination : By Mr. Whitman: Q. What did you see him do ? A. I saw him trying to get people to vote. Q. How ? A. By trying to influence them to vote. Q. Did you hear all he said ? A. Not j ust the whole of it particularly. Q. Did you hear anything he said? A. Yes, sirj I heard him trying to get people to vote. Q. Did you hear what he said ? A. Not altogether. By the Chaieman: Q. Did you hear anything he said ? A. I heard him taUdng. Q. Talking about what ? A. I heard him asking one man to vote them. By Mr. Whitman: Q. Did you hear him ask a man to vote for Finch ? A. No, sir. Q. Did you hear him ask to vote for any particular candidate ? A. Only his ticket. Q. Did you hear that there was a " deal," as Henry puts it, between SchifE and Finch ? A. I don't remember. Q. Have you any recollection upon the subject; wasn't it common talk before and after election that that was the arrangement ? A. 1 don't know that I heard it. By Mr. Arnold: Q. Who subpoenaed you? A. McQuillan. Q. Is he present here to-day ? A. No, sir; I haven't seen him. Q. Do you know who subpoenaed Mr. SchifE? A. I suppose it was McQuillan. By Mr. Wellington: Q. Have you seen Schiff here to-day ? A. I saw him walk through here just as they adjourned. 613 Q. Where did he go to? A. I can't tell yovL. Q. Which way did he go ? A. He went past through that door. Q. He went into the sergeant-at-arms' room ? A. I thought so. Q. Have you seen him since ? A. No, sir. Q. Have you heard his name called out by the counsel for the sitting member? A. Yes; three or four times. Q. Has he responded? A. No, sir. Mr. EocHB. — He may have thought the adjournment was for good- Mr. Wellington. — And maybe he didn't. Mr. Aenold. — I now call John H. Mealy, Aaron Bristol and John Oonevery. These are the three Greenwich witnesses; if the chairman please. HiEAM B. Tepft, sworn for the sitting member, testified as follows: By Mr. Aenold : Q. Mr. TefEt, where do you reside ? A. Greenwich. Q. Were you given some subpoenas to serve upon John H. Mealy, Aaron Bristol and John Conevery ? A. Yes, sir. Q. When were they given to you ? A. The ninth. Q. That was the Wednesday evening hearing ? A. Yes, sir. Q. When did you get service upon them ? A. Evening of the tenth. 1 Q. For this afternoon. A. Yes, sir. Q. You served each of them ? A. Yes, sir. Q. What did either of them say? A. Mr. Mealy said he Tfould come to-day, the other two said they wouldn't. Gross-examination : By Mr. Eoohe : Q. Did they give any reason why they wouldn't come. A. Yes; one of them gave it as a reason that he had been subpoenaed here by the opposite party and had declined to come and he wouldn't come for this party. Q. Did either of them say that he didn't want to be annoyed about the thing and that he didn't know anything about this matter. No,, sir. Q. Did either of them'" say when they were subpoenaed on Mr. Col- lin's side that they didn't known anything about the matter and didn't want to be annoyed ? A. No, sir. Q. What day of the week was written in the subpoena you served ? A. As it was given to me I changed the date of it I think; I changed the day of it 614 Q. What day did you make it ? A. I intended to make it — Q. (Interrupting.) What day^did you make it? A. I couldn't swear. Q. Could you swear you subpoenaed them for Monday ? A. Yes, sir; I told them so anyway. Q. Was that in the subpoena ? A. I think it was; my best belief is that it was. Q. Are you sure about it ? A. No, sir; not real sure. Q. Who put it in ? A. I did, if it was put in. Q. Did you show them this subpoena ? A. Yes, sir. Q. Did they read it ? A. I don't think either of them did. Q. You had these before last Thursday? A. I had them last Wednesday evening. Q. (Presenting same.) Are those two of them? A. I think so. Q. That is Thursday on each of them, isn't it ? A. Yes, sir. Q. "On Thursday, the fourteenth day of March, 2 o'clock p. m.," and it bears the date of the tenth day of March, at 7:30? A. Yes, sir. Mr. Wellington. — Did I understand from counsel in asking that question as to • what these men said was that their answer when subpoenaed by Democrats was that they didn't want to be annoyed about the matter, and didn't know anything about it ? Mr. Roche. — That is what we understand. Mr. Wellington. — I am willing to take that statement if you are willing to stipulate it. ' Chairman Roesch. — There were three men, like a score of others whom you had whom you were trying to catch with a drag-net subpoena, and you took your chances that they might tell something that would do you good, and you af ter,ward found out that they did not have such information, and therefore you did not call them. Mr. Roche. — Yes, sir. We actually had some men come here and beg of us not to call them for one reason and another, even when we thought they would be useful to us. Chairman Roesoh. — I understand the counsel to say that if the answer is that the reply that they made to the service of the subpoena for the contestant was that they knew nothing about the case and did not want to be bothered with it, th£\|t it should go down of record. Mr. Wellington. — I am perfectly satisfied with that. I wish to state that the chair is in error in saying that they were not called for that reason. The point is that Mr. Barber said that those three men did not come here because they were afraid. It was to contradict him that I desired to call them and have them upon the stand. If 615 it appears as matter of record that they said that the reason was that they knew nothing about the case I am satisfied. William L. Shebrill, sworn for the sitting member, testified as follows: By Mr. Aenold : Q. You were ballot clerk in district No. 3 ? A. No, sir. Q. What district do you vote in ? A. No. 3. Q. Were yqu or your brother ballot clerk ? A. My brother. Joseph J. MoGill, sworn for the sitting member, testified as follows: By Mr. Wellington: ' Q. You reside in Troy, first ward, second district ? A. First district. Q. You acted in the second district ? A. Yes, sir; as ballot clerk. Q. Did you see Democrats on election day electioneering within the polling place ? A. Yes, sir. Q. Did you see Anthony, this colored man? A. Yes, sir. Q. State that occurrence. Mr. EocHB. — I object to it. What is the use of repeating it ? Mr. Wellington. — It is an incident of the day there. Mr. BooHE. — Hasn't it been sufiBciently proved ? Mr. Wellington. — If you will admit the fact; that is, that he was ejected in the manner described by the witness. Mr. EocHE. — Well, go ahead. A. About an hour and a half after the polls opened he came in and offered to vote; George Mead, the Democratic alderman, followed him in and said he objected to the inspectors taking the vote; theris were some words about it and Officer Batters and Mr. Mead and Mr. Haley, the Democratic inspector, grabbed him and hustled him out; there was a scrimmage, and two or three of the inspectors tried to keep him in. Q. Is Officer Batters a Democrat? A. I believe so; after he had ejected him from the polling place he came back and said that Haley was boss there, and " anything he says here to-day goes." Q. Did you see Haley open any ballots ? A. Yes, sir; repeatedly. Q. Were they ballots offered by voters ? A. Yes, sir. Q. He opened them before they were deposited ? A. Yes, sir. Gross-examination : By Mr. Eoche: Q. On what grounds ? A. I don't know whether it was curiosity. Q. Did you protest against it ? A. Yes, sir; repeatedly. i 616 Q. What did he say; did he attempt to defend it? A. No, sir. Q. What did he say? A. Nothing; he laughed; several times he said he hadn't opened them. Q. Then he disputed that he opened them ? A. Yes, sir. By Mr. 'Wellington: Q. Did he dispute that he opened them in each instance ? A. No, sir. Q. Did you see him open them ? A. Yes, sir. Q. Did you see any Democratic worKer there give a paster ballot to a voter named Stein ? A. I saw him offer a paster to him. Q. Who was McKenna? A. I believe he is in the employ of Senator Collins. H. O. Ingalls, sworn for the sitting member, testified as follows: By Mr. Wellington : Q. Do you live in Troy ? A. Yes, sir. Q. In the first ward, second district, last November, you were what? A. Poll clerk. Q. Did you see Mr. Haley open ballots? A. Yes, sir. Q. During the day ? A. Yes, sir. Q. Did you hear Officer Batters make any remark when he put the colored man out? A. Yes, sir; he said Haley was the boss and what he said " went " that day. Q. Did Haley give any explanation for opening the ballots ? A. No, sir. Gross-examination : By Mr. Roche: Q. Do you know of any Republican who was prevented from casting his ballot that day ? A. Yes, sir. Q. This colored man ? A. Yes, sir. Q. Do you know of any other case ? A. No, sir. Q. There was dispute as to his right to vote? A. Yes, sir; Alderman Mead challenged him. Q. Do you know of any Eepublicans who were kept aVay from the poll? A. No, sir. Q. Or any Democrats ? A. No, sir; not that I know of. Q. Was there any dispute as to the count of the votes ? A. I believe not. Q. Or of the inspectors signing the return ? A. No, sir. Q. Did Haley dispute the charge that he opened the ballots? A. No, sir; I didn't hear him. 617 , Q. Is that all you can say about it, that you didn't hear him ? A. I know he didn't. Q. You disagree with what Mr. McQill said upon that subject? A. What did he say ? Q. He said that Haley said in several instances he didn't open them? A. He may have said so but I didn't hear it; he opened the ballots just the same. Q. What ballots were they ? A. I don't know. By Mr. Wellington: Q. Did they give this colored man an opportunity to be sworn ? A. No, sir. / Q. He was registered ? A. Yes, sir. Q. He came there to vote ? A. Yes, sir. Q. He was challenged ? A. Yes, sir. Q. Before an opportunity was given him to take the oath they ejected him ? A. Yes, sir. By Mr. Eoche: Q.. It appeared that he was from the county-house ? A. Yes, sir; that is the way the registry had it. James O'Brien, recalled: By Mr. Aenold: Q. Last Saturday did you go to Whitehall and serve a subpcena on John McGough ? A. Yes, sir. Q. Did you at the same t^me make inquiries in regard to some persons who had been served a day or two previous and who did not appear here 1 A. Yes, sir. ' Q. What about the Ashley s ? A. They were away; one was down the lake and the other was braking on the railroad. Q. Both were out of town, so you couldn't subpoena them? A. Yes, sir. Q. What did McGough say in regard to it? A. He said his wife had died, and he had two little children, and he couldn't possibly come. Gross-examination : By Mr. Whitman: Q. What is McGough's business? A. He works, 1 guess, down in Burleigh's lumber yard; I don't know who he works for; he works in the yard. 78 618 Q. As you understand it the Ashleys were in the employ of the Delaware and Hudson Canal Company ? A. No, sir; one was fishing and the other I am told was on the railroad. Q. In the employ of the railroad company ? A. I don't thihk he is. Q. Don't you know he is not ? A. I don't know that he is or is not. Q. What is his business ? A. I should judge he didn't havf much business from what I learned about him. Thomas Etan, being duly sworn, testified as follows: By Chairman Eoesoh: Q. You were subpoenaed to appear here ? A. Yes, sir. Q. When ? A. I got the subpoena Saturday. Mr. Wellington. — Mr. Chairman, I am very sorry to announce that we have no more witnesses for to-day. Chairman Koesgh. — Are you through with your case. Mr. Wellington. — With the exception of calling one and possibly two more men. I understand the other side have some witnesses. Mr. EocHB. — We can't join in Mr. Wellington's " regrets." Chairman Eobsch — You desire some time for rebuttal, Mr. Eoche ? i Mr. Eoche. — Very little. Chairman Eoesoh. — This hearing stands adjourned to Thursday night, March seventeenth, 7.30 o'clock. Albany, Thubsday, March 17, 1892 — 7.30 p. m. The committee met pursuant to adjournment. Present ■ — Senator Endres. Mr. Wellington. — I desire to call the committee's attention to the minutes. I notice what appears to be an omission. I call their atten- tion to page 1168. Your statement is on 1167 to the effect that you understood the witnesses subpoenaed from Greenwich had stated that they didn't want to be annoyed about the matter, and didn't know anything about it. Then followed some remarks by the chairman, and I stated that I was satisfied with such a statement as that made, if that could be taken substantially as an admission on your part, and^ I understood the chairman to say it should go upon the record as such. There is no such formal statement by the chairman on the minutes." As the chairman is quoted, he says : " I understand the counsel to say, that if the answer is, or the reply they made to the service of the subpoena for the contestant was, they knew nothing about the case, and didn't want tO be bothered with it, it should go down of record." I said I was perfectly satisfied with that; it was either after that sen- 619 tence ot after my remark the chairman aaid it should be considered as an admission on your part. Mr. EooHB. — We will admit they did say that. Mr. Wellington. — That was all I desired to say. Mr. BooHE. — We don't want our admission to be considered in any way an admission that Mr. Charles Barber has stated anything incor- rectly as to what they said. The fact is that these gentlemen didn't want to come here, and they so stated. We will admit further they stated they didn't know anything about it, and they didn't want to be annoyed with the matter. If that covers what the counsel desires, we will agree that may go on the record. Senator Endees. — Is that satisfactory, Mr. Wellington? Mr. Wellington. — ^The statement that Mr. Eoohe made a+ the former hearing is entirely Satisfactory to me. Of course, I shall not take that qualification that Mr. Barber's testimony is not impeached by that. Mr. BocHE. — That is all right then. Mr. Wellington. — I don't expect you to admit that. It simply stands for what it is worth. Robert Paekbe, Jr., being duly sworn, testified as follows: ■ By Mr. Arnold : Q. Where do you reside ? A. Port Edward. Q. Are you acquainted with Isaac Durkee ? A. Tes, sir. Q. Are you acquainted with William Ganley ? A. Tes, sir. Q. What name does he go by frequently there, Gabe Ganley? A. I think he doies. Q. Were you in Fort Edward on last eliection day in November, 1891 ? A. Tes, sir. , Q. Were you talking with Mr. Isaac Durkee on that day. A. Tes, sir. Q. Did Mr. Ganley come up to where you two were talking ? A. Tes, sir. Q. State what Mr. Durkee said to Mr. Ganley, and what Mr. Ganley did? A. We stood there talking, and Mr. Ganley and some other gentleman, I don't know who it was, came and says, " I have voted." Q. Mr. Durkee said. "I have voted." A. Tes, sir. Q. What did Mr. Ganley do then ? A. Gave him five dollars. Q. What was it ? A. Five-dollar gold piece. Q. What are Mr. Ganley's politics ? A. I suppose he is a Demo- crat; I don't know. Q. Is he a brother of the superintendent of that division of the Champlain canal ? A. I suppose he is. Cross-examination : By Mr. Whitman : Q. How do you know he is a Democrat ? A. I said I supposed he was. Q. It is only a supposition ? A. I don't know for certain. Q. Don't you know he has frequently voted the Eepublican ticket ? A. No, sir. Q. Do you know he has ever voted the Democratic ticket 1 A. No, sir. By Mr. Wellington: Q. What is his reputation ? Mr. Whitman. — We object to that as incompetent. Mr. Wellington. — That has been admitted all through the hearing. Mr. Whitman. — No, it has not. Every case we attempted to make any proof or claim any inference of that has been by direct proof of their politics. We have allowed evidence of a man saying he was a Democrat and showing he labored for the Democratic ticket or Republican ticket, which ever way the case might be, but proof has never been allowed here to show a man's politics by mere reputation. In the case of Neddo we proved it directly that he was an office holder. Mr. Wellington. — I can't turn to the minutes, but I think you will find instances where men's politics have been proven in this way. Senator Endres. — I guess that is right; no proof of that kind having been allowed in this case or any other case. Mr. Wellington. — I must difEer with the committee; I think I could turn to it if I had time. Q. Do you know for which party this man was working that day ; wasn't he known as a Democratic worker ? Mr. Whitman. — That is objected to upon the same ground. By Senator Endres: Q. Did you see him work for the Democratic party that day? A. Tes, sir. By Mr. Whitman: Q. What did you see him do ? A. He asked me if I wouldn't vote the Democratic ticket. Q. Was that all? A. That was all. Q. Did you tell him you would or wouldn't ? A. I didn't tell him. Q. Where was that? A. It was up pretty near where the old National bank used to be. 621 Q. Who is Isaac Durkee — a farmer ? A. No, sir. Q. What is his occupation ? A. He is a boatman. Q. Do you know where he lives ? A. Yes, sir. Q. Where ? A. He lives between Fort Edward and Moseskill. Q. How old a man is he ? A. I should say he was a man about my age ? Q. How near Fort Edward does he live? A. As near as I could guess about two miles and a half from the village. Q. In the direction of Port Miller ? A. In the direction of Moses- kiU. Q. Can you tell me any prominent man near whom he lives 1 A. No, sir. Q. Dp you know where he lives? A. Yes, sir. Q. It is along the road leading from. Port Edward to Moseskill ? A. No, sir. Q. On what road is it? A. It is between the tow-path and the river bank. Q. Is it below Smith's brick-yard. A. I think it is; I wouldn't say for certain. Q. Don't you know below Smith's brick-y^rd is in the Port Miller district ? A. I wouldn't be sure; I know he lives in the town of Fort Edward. Q. That is so, but I ask you if that isn't m the Fort Miller election district? A. I don't think it is; I couldn't say for certain. Q. All that you say you saw him do was to walk up to Will Ganley and say "I have voted"? A. No, sir; I said we stood there talking. Q. Who did? A. Mr. Durkee and myself. Q. All that you say you saw Durkee do and heard him say was, to walk up to Ganley and say " I have voted " ? A. He didn't walk up to him; Mr. Ganley came along. Q. What was said ? A. He told him he had voted. Q. The man told him he had voted ? A. Yes, sir. Q. Openly and publicly ? A. Yes, sir. Q. In yoiir presence ? A. Yes, sir. Q. In your hearing? A. Yes, sir. Q. Any others around ? A. Not right there there wasn't. Q. Was there a crowd on the streets ? A. Not there. Q. Did he whisper this ? A. He didn't say it out so you could hear it very far. Q. Did you see them go before any place ? A. No, sir. Q. What reply did Ganley make to that ? A. Didn't say nothing. 622 Q. What did he do? A. He slipped the man the money; he give him the money. Q. How long after Darkee said he had voted? A. It was not but a little while; not more than a second; Mr. Ganley didn't stop to have any conversation with him at all. Q. Do you know that he hadn't hired him to bring voters there from a distance from his vicinity ? A. No, sir. Q. Was anything else said after the payment of the money by either of them? A. No, sir. Q. Did they separate ? A. Tes, sir. Q. Did Ganley go on talking with you ? A. No, sir; he went on about his business. Q. Did you three separate? A. Tes, sir. Q. Who left first? A. Mr. Ganley. Q. Who left next? A. !• stood there quite a little while; Mr. Durkee and myself. Q. You say Ganley spoke no word after the payment of the five dollars ? A. No, sir. Q. Did you see the money ? A. Tes, sir. Q. When ? A. When he give it to him. Q. Was it a gold piece ? A. Tes, sir. Q. How do you know ? A. Because I see it. Q. How large was it? A. It wasn't terrible large. Q. Would you know a five-dollar gold piece if you should see it ? A. I don't know; maybe I would. Q. Would you ? A. I think I would. Q; Is it as large as a five-cent piece ? A. About as large as one of those five-cent pieces that came out without any five cents on it. Q. What kind are they; is it as large as that one [showing a quarter]? A. I couldn't say from here. Q. What do you think, looking from here ? A. About the same. Q. How near did you stand to him ? A. I stood right close beside him. Q. How many feet ? A. Not a foot. Q. You are within a foot of me ? A. Yes, sir. Q. Do you say it was as large as that ? A. No, sir; it was not. Q. Was it as large as that one [showing five-cent piece] ? A. I should say it was a littl^e larger than that. Q. What did Durkee do With it ? A. He put it in his pocket. Q. What are your politics ? A. My politics are Republican. Q. How long have they been Republican ? A. I have voted both tickets. 623 Q. At one election ? A. Yes. Q. Did you see Mr. Ganley give him any tickets ? A. No, sir. Q. Who did you first tell this story to ? A. Do you want me to tell ? Q. "Who you first told if to ? A. Told it to Tom Eyan. Q. When did you tell him that? A. I told him that Monday morn- ing when he subpoenaed me, about half past 10. Q. Did he subpoena you ? A. Yes. Q. Where ? A. He subpoenaed me in Mr. Armstrong's office. Q. Have you got that subpoena with you ? A. I have got both subpoenas with me. Q. Let me see the one he served on you ? A. Mr. Ryan 4idn't give me no subpoena, not when he got me down herte. Q. You swore he subpoenaed you by giving you a subpoena at Robert Armstrong's office ? A. No. Q. Didn't you say you had the subpoena? A. Two subpoenas. Q. You said you had both subpoenas with you; how did he subpoena you ? A. He read the subpoena to me. Q. What did he read to you ? A. He took a subpoena just like that out and read it to me. Q. What did it say ? , A. I couldn't say now. Q. What was the substance of it? A. It was to appear here Monday at half-past 1 1 think. Q. Was that the time you told him ? A. Yes, sir. Q. After he read that subpoena to you ? A. Yes, sir. Q. That is the first living person to whom you told it ? A. Yes, sir. By Mr. Wellington: Q. Did you attend here on Monday ? A. Yes, sir. Q. What time ? A. I left Port Edward at 12.10. Q. What time did you get here ? A. I couldn't say. what time I got here; I appeared here just as soon as I got here. Q. Did you come up here into the senate chamber? A. Yes, sir. Q. Why didn't you appear as a witness at that time ? A. The man that subpoenaed me told me they wasn't going to swear me and I might go home; that he would meet me down to the train. Q. Who was it told you ? A. Mr. Ryan. Q. Did you talk With anyone else ? A. No, sir; I did not. Q. Did Ryan meet you at the train ? A. No, sir. Q. Where was it Ryan told you; here? A. No, sir; down street. Q. He told you you would not be wanted down street ? A. He told me they wouldn't want me here. Q. Where was it he told you that? A. Eight out.in this room; he said he didn't think they would swear me. 624 Q. Had you spoken to any of the counsel for the sitting member ? A. No, sir; nobody. Q. You hadn't inquired of them -whether they wanted you? A. No, sir. Q. Did you leave him after he told you that ? A. Yes, sir. Q. Do you know where he got his information from ? A. No, sir; I couldn't say. ' Q. Your name hadn't been called up to the time you left ? A. No, sir. Q. Did you see Ryan again ? A. He went down street with me. Q. When yo^ were up here you didn't speak with anyone about it except Byan? A. No, sir. By Mr. Whitman: Q. Who subpoenaed you the last time ? A. Mr. Morrison, Q. How do you come to have two subpoenas ? A. I couldn't tell you that. Q. Who gave you the two ? A. Mr. Morrison. Q. Let me see them ? A. [Witness produces the subpoenas.] Q. Did he give them both to you at the same time ? A. No, sir. Q. When did he give you the first one ? A. He subpoenaed me the next day after I got home I think. Q. What day was that ? A. Tuesday; it was Monday I was here. By Senator. Endbeb: Q. And the next day you were subpoenaed again by Mr. Morrison ? A. Yes, sir. By Mr. Whitman: Q. He gave you both of these subpoenas the same day ? A. No, sir; I received that other subpoena here. Q. When? ^. To-night. Q. Which one; can you read? A. Yes, sir. Q. Do you know which subpoena was given to you to-night ? A. Yes, sir. Q. Where was it served on you ? A. Served on me at Sandy Hill. Q. The last one? A. That subpoena I just give you; the first one served on me was served on me in Fort Edward. Q. By whom ? A. By Mr. Ryan. Q. Which one of these two is that ? A. That one I just give you is the one Mr. Morrison served on me. Q, Which one is the two Ryan gave you? A. He didn't give me no subpoena. Q. I am asking you about the subpoena bidding you to come here to-night; where was that served on you ? A. At Sandy Hill. 625 Q. By whom ? A. By Ed. Morrison. Q. At what hour of the day ? A. It was in the morning. Q. Where ? A. Eight oh the street. Q. Didn't you go to him and asked to be subpoenaed? A. No, sir; I did not. Q. Where do you live ? A. I live in Fort Edward. Q. What were you doing in Sandy Hill that morning, immediately after you came from here? A. I went up to Grlens Palls; was going up to Glens Falls and stopped to Sandy Hill; my brother was there with a load of hay, and Ed. Morrison hollered to me and told me he had got a subpoena for me. Q. Was that in the forenoon or afternoon ? A. I should say it was in the forenoon, about 10 o!clook. Q. Was it before the arrival of the mail train in the morning ? A. No, sir. ' Q. What time in the morning did you go up there ? A. I left home about half-past 9 or 10 o'clock. Q. Did you go directly to Sandy Hill ? A. No, sir; I went down street first. Q. What time did you get to Sandy Hill ? A. I couldn't say what time. Q. Do you recollect of seeing me there that day? A. Tes, sir. Q. Was this subpoena served on you before or after you saw me ? A. About five minutes before I saw you. Q. Do you recollect seeing me come from the train; come up on the bus? A. Noysir. Q. You saw me near the post-office 1 A. No, sir. Q. Tou saw me a few minutes after this subpoena had been served on you ? A. Yes, sir. By Mr. Wellington: Q. You answered, saying you voted both the Republican and Democratic ticket at the same election; what did you mean by that; you voted a split ticket ? A. Yes, sir. Q. You didn't mean you voted twice at one election °! A. No, sir. Q. Did you ever do such a thing as that ? A. No, sir. Q. Did Mr. Ganley try to buy your vote last November ? A. No, sir. By Mr. Eoohe: Q. Did you tell aiiything about any election incident other than this one, to any person, except what you told Ryap about — this Ganley- Durkee afEair? A. No, sir; to my knowledge. 79 626 Q. Nothing occurred on electibn day that you told to any person whatever ? A. No, sir. Q. You didn't tell this to Eyan until after he subpsBnaed you ? A. No, sir; I did not. Q. Did Mr. Ryan have a subpcsna with your name in it? A. I couldn't say; he read the subpoena to me. Q. He read off your name ? A. Tes, sir. Q. Tou want to be understood that Mr. Kyan, who was working in the interest of Mr. Derby, came to you with a subpoena already pre- pared, and served that on you to come here without his knowing anything whatever of what you w^re wanted for,, you want to be understood to that effect? A. He asked me after he subpoenaed me; yes, sir. Q. Before he Subpoenaed you you hadn't stated to Mr. Eyan or any other person anything about the Ganley-Durkee affair, nor about anything else that occurred that election day? A. No, sir; not to my knowledge. By Senator Endees : Q. I understood you to say that Mr. Ganley was a worker there; did you see him do any work there during election day? A. I couldn't say as he did election day. Q. Did you see him with any paster ballots there ? • A. No, sir. Q. See him approach anybody else and ask him to vote ? A. Asked nobody to vote. Q. Did he approach you ? A. He asked me if I wouldn't vote. Q. Did he ask you what to vote ? A. He asked me to vote the Democratic ticket, as I supposed. Q. What did he say to you ? A. He asked me if I wouldn't help him. Q^ Did he say in what way ? A., No, sir. Q. Didn't say whetlier to vote the Eepublican, Socialist-Labor, Prohibitionist or Democratic ticket ? A. No, sir. Q. Simply asked if you could help him ? A. Yes, sir. Q. How long had you known Mr. Ganley ? A. A year or two, I guess. Q. What did you say in response to the question when he asked you if you could help him ? A. I didn't tell hira I would or wouldn't. Q. Didn't you say anything to him at all? A. I said I would see. Q. What time of day 'was this ? A. I should say it was pretty near noon. Q. When he asked you this question ? A. Yes, sir. 627 Q. How soon after you saw him did you vote; lief ore you saw him or after you saw him ? A. I voted after I saw him. . Q. How long after ? A. I voted before I went to dinner. Q. You say it was nearly 12 o'clock when you saw him, and you say you went to dinner; how long between the time you saw him and went to dinner that you voted ? A. I voted in half or three-quarters of an hour. Q. What time did you go to dinner ? About half-past 12, 1 should think. Q. You say this was hqw long before dinner ? A. I couldn't say just exactly, because I didn't have no timepiece with me. Q. How long had you been there when Gailley first approached you and talked with you about it? A. I had been there quite a whil4. Q. Did he only ^proach you once ? A. That is all. Q. Did you see him approach anybody else there that day ? A. No, sir. ' Q. You went to dinner about' half-past 12? A. Yes. Q. Did you come back again ? A. I came back probably 2 o'clock. Q. When next did you see Ganley ? A. I don't think I saw him again. Q. When was this money paid to this mkn Durkee? A. This was in the forenoon. Q. What time in the forenoon ? A. I couldn't say what time, because I don't know what time it was. Q. Was it before he approached you and asked'you if you could help him ? A. I couldn't say. Q. You want to make the committee believe that Ganley came to you and asked you if you could help him; didn't say what help he wanted you to give him, and this was shortly before noon, and that you voted and went to dinner about half-past 12, and you doii't know anything about how long Ganley had been there, or what time it was he give this man his money ? A. I couldn't say, because I don't know. Q. You are on oath, you know, and this is very important testimony for Mr. Derby as well as Mr. Collins ? A. I don't calculate to tell anything but what is so. , Q. Had anybody approached you and asked you to vote outside of Mr. Ganley ? A. No, sir; I don't think there was any man spoke to me about voting at all, only Mr. Ginley; the man that I lived in the hiouse, asked me before I went down iow I was going to vote. Q. At the polling place only Mr. Ganley? A. Mr. Ganley; Mr. Ganley didn't ask me at the polling place; it was between the depot and the canal bridge. Q. How far is that from the polling place ? A. Quite a little ways. 628 • Q. This was shortly before dinner ? A. It was in the forenoon. Q. How long had you been there when he asked you ? A. I met him when I was coming home; I came down by the depot. Q. What time was it ? A. It might have been 9 o'clock. Q. Where were you between 9 and up to noon when Ganley approached you ? A. I was down street. Q. Were you around the polls ? A. Part of the time. Q. Did you see Ganley there ? A. No, sir. Q. The only time you saw Ganley there was when he approached you and asked you to help him? A. Yes,. sir. Q. Did you see him after that? A. Yes; I saw bim when I stood talking to this gentleman that I told'him about. of. You* stood talking with this man Durkee ? A. Yes, sir. Q. Where was this, near the polling place ? Ar Quite a little ways. Q. How long was it after Ganley approached you and asked you to help him ? A. Must have been an hour, more or less, because I went down to the Eldridge House and back up again and met this man. Q. Did you know this man, Durkee ? A. Yes. Q. Were you talking afeout the election ? A. No, sir; we were not. Q. How long had you bee^ talking when Ganley came up? A. We had been talking maybe ten or fifteen minutes. Q. You think it was an hour after you first saw Ganley this took place ? A. I should say it was an hour. , Q. Ganley came up, and who was the first person that spoke ? A. Mr. Durkee. Q. What did he say ? A. Told him he had voted. Q. Told Ganley he had voted ? A. Yes. Q. What did Ganley say in response to that? A. Didn't say a word. Q. What did he do ? A. Gave him five dollars. Q. Where did he take it from ? A. Took it out of his pants pocket. Q. It was a gold piece ? A. Yes, sir. Q. Did you see it ? A. Yes, sir. Q. Did you handle it? A. No, sir. Q. How did he give it to him — put it in Durkee's pocket? A. Gave it to him in his hand. Q. What did Mr. Durkee do -with it? A. Put it in his pocket. Q. Did he say anything to Ganley ? . A. No, sir. Q. Do you mean to have this committee believe this man came to Ganley and told him, "I voted/' and Ganley put his hand in his pocket, . 629 gave him a fite-doUar gold piece, put it in his hand, and neither said ■what it was for ? A. Yes, sir. Q. Do you mean to make the committee believe that ? Mr. WEiiiNGTON. — I object to the question. Senator Endkes. — The committee has a right to know. Mr. Wellington.— I objectto the question. The witness should be asked whether he intends to have the committee "believe that is not competent to put to the witness. / By Senator Endkes : Q. Do you mean to swear this took place, what you have just testified to? A. Yes, sir. Q. Nothing was said between the parties? A. Yes, sir. Q. What did GUnley do then ? A. Walked right off. Q. What did Duf kee do ? A. We stood there a while; then we went down street. ,Q. Did you ask Durkee what that money was for ? A. No, sir. Q. Did he ask you to take a drink with him? A. Yes, sir. \ Q. Did you go with him? A. Yes. Q. Did he take that five-dollar gold piece and get it broken ? A. Yes. J . Q. Where was this place? A. Across by the railroad. Q. How far from where the money was given to him ? A. A quarter of a mile or more. , Q. Did you ask him then, when he bought the drinks for you, what he got that money from Ganley for ? A. No, sir. Q. Did he sa;y anything about it ? A. No, sir. Q. Didn't it arouse your suspicion to see him give him money after he said he had voted ? A. No, sir. Q. I understood you to say that you were subpoenaed when you came into this building this evening? A. No, sir; I said a subpoena was handed to me. Q, You said you were subpoenaed by Mr. Ryan in somebody's office in Fort Edward ? A. Yes, sir. Q. Then you were subpoenaed Ipy Mr. Morrison at Sandy Hill, Tuesday? A. Yes. Q. Then I understood you to swear you were subpcenaed in this building, this evening ? A. No, sir. , Q. Were you subpoenaed here, this evening? A. No, sir. Q. The only subpoena you got was the one from Eyan ? A. I said that subpoena was given to me ,to-night. Q. Who give you the subpoena to-night? A. Mr. Arnold, I think. 630 ' Q. Was that the one Ryan should have given you at Fort Edward 7 A. No, sir; I didn't know as I was obliged to have a subpoena. Q. What subpoena was it he gave yoy to-night, the Sandy Hill sub- poena or the other one; did you get a subpoena at Sandy Hill, last Tuesday? A. Yes, sir. Q. What was this subpoena you got he^e to-night for ? A. I don't know; I didn't look at it at all. By Mr. Whitman: Q. Where did you live before you lived in Fort Edward ? A. I lived in North Hartford. Q. That is in the town of Hartford ? A. Tes, sir. Q. ¥ou are a mprried man ? A Yes, sir. Q. And keep house ? A. Yes, sir. Q. When did you move to the town of Fort Edward ? A. I moved there about the first of September or third. Q. Did you move into the house you lived in on election daj^? A. Yes, sir. Q. You swear to that positively, do you, that you left Hartford in September? A. Yes, sir; I moved from Hartford in September to the house I live in now. Q. And that is the housfe you lived in on election day? A. Yes, sir. Q. There is no mistake about that '? A. Yes, sir. By Mr. Wellington: Q. You say your suspicions were not aroused by the payment of this five dollars; why was that; why were you not suspicious? A. I don't know why it should start me any; I couldn't say why. Q. There must be some reason; haven't you any reason why you weren't suspicious ? Mr. Roche. — According to his statement it was not a suspicious situation; he had no reason to be suspicious. Mr. Wellington. — I am perfectly satisfied with that statement. Mr. Roche. — Not suspicious in the way you would like to have him suspicious. Q. Had you known Ganley before this? A. Yes, sir. Q. How long had you known him? A. I never was very well acquainted with him ; just knew him by sight. Q. Had you always known him as a Democrat? A. I supposed he was a Democrat. Q. You never knew o/his being a R^ublican? A. No, sir. Q. Never heard of his being a Republican worker ? A. No, sir. 631 Q; Did you know hia brother ? A. Yes. Q. You knew the position his brother occupied ? A. Yes, sir. Senator Endees. — That wouldn't make him a Democrat; there are lots of cases where one brother is a Eepublican and another brother a Democrat. Q. You never knew this man as a Eepublican ? A. No, sir. Q. What district was this ? A. I don't know the number of the district. ' Q. Where was the polling place ? A. In the Harris building. By Mr. Eochb: Q. Where did you vote ? A. I voted in the Harris place. Q. You seem to be in doubt about it? A. No; I don't seem to be in doubt about it. ^ • Q. I should judge you were from the way you put your hand over your eyes and mouth, and the low tone in which you speak; this money affair occurred a considerable distance from the polls? A. Yes, sir. Q. In the ope;i, public street? A. Yes, sir; on a different street from where the polls were. Q. You ^on't know whether these men had any business dealings with you, do you ? A. No, sir; I do not. Q. You say you never knew of Ganley being a Eepublican; did you ever know of his being a Democrat? A. Never knew of his voting either ticket. Q. Did you vote a straight ticket election day ? A. No, sir. Q. Did you ever vote a straight ticket ? A. Yes, sir. Q. When? A. When Garfield was elected. Q. How old are you ? A- I will be 32 years old if I live until the first day of September. Q. How was it then you voted for Garfield; did you vote for him ? A. I think I did. Q. Do you know; what are you thinking, about it for ? A. I think I voted for him; I am prettjt sure I did. (^. You know you voted that fall; is that the only time you voted straight ? A. I think it is. Q. Have you been voting ever since ? A. Sometimes I didn't vote. Q. Have you voted in a majority of cases ? A. Yes, sir. Q. What was the consideration for our splitting up so much ? A. I always voted for the man I thought the most of. Q. Where were you when you voted for Garfield? A. Dunham's Basin, I think; I couldn't say for certain. 632 Q. What town is that in ? A. Town of Fort Edward; I will take that back; I think I worked to Smith's Basin, town of Kingsbury. Q. Where did you live ?. A. My father lived to Dunham's Basin; I made it my home there when I wasn't to work out. Q. In Dunham's Basin ? A. Yes, sir. Q. Where did you vote? A. I voted at Sandy Hill. Q. Tour birthday is what day ? A. The first day of September. Q. You Will be 32 years old ? A. I was boyn in 1860; > By Senator Endees: Q. You voted for Garfield ? A. I think I did. Q. You weren't of age then, were you? A. I think I was; I won't say for certain. Q. When did- Garfield fun for President? A. I couldn't say. Q. Isn't it a fact he run in 1880 against Gen. Hancock ? A. I couldn't say. Q. You will be undierstood as having voted for him that year ? A. No; I don't say ; I think Garfield was the first man; I know I marched with the boyg; I won't say whether I voted or not. Q. You want to go back on some of your testimony ? A. I don't want' to swear to a lie. Q. You say this took place, the passing of this money, on election day ? A. Yes, sir. Q. This was on the third, of November last; when were you sub- poenaed by Mr. Eyan ? A. I was subpoenaed last Monday morning, about 11 o'clock. Q. Had you between the third of November and 11 o'clock last Monday morning, said to a living soul anything about this money passing between Ganley and Durkee; harfyou told any living person that this five dollars had been passed between these two men since the election and up to Monday at 11 o'clock ? A. No, sir; I don't think I did to anybody. Q. After you were subpoenaed you told Mr. Ryan this thing ? A. Yes, sir; and then he told me after what I^new about it, and I told him; I didn't tell him until he asked me. Q. You had been subpoenaed before you told him ? A. Yes. Q. And he is the first man since last election you told this to ? A. Yes, sir; the first man. Mr. Wellington.— He subpoenaed him for a different reason., Senator Endees.— There is no proof here it was for a different reason. Mr. Wellington. — We have not come to that yet. Mr. Whitman. — You had better prove it. 633 By Mr. WuLLiNaTON; Q. Will you swear positively you never spoke to anyohe about this matter until you spoke to Byan? A. Yes, sir; I think I can do that. Q. You never spoke of this particular matter to anyone until you spoke to Ryan ? A. No, sir. Q. 'What was it Ryan said to you when he said you needn't stay here last Monday; that he didn't think you would be called? A. I don't know what he did say; he said he thought I wouldn't be sworn, was the first he said to me. Q. What did he say afterwards ? A. He didn't say much of any- thing; I came in and set down, and he beckoned me to come out and. went down street, and he said he would meet me down to the train. Q. Didn't he say something else about it ? A. I don't know just; what he did say. . ' Q. As near as you can remember? A. He talked to me, but I can't go on and tell you what he said. Q. Did he say you might take a vacation, or something of that sort; you might take a rest; that you wouldn't be needed ? A. He told me I wouldn't be needed; I couldn't say just how he did say it, for I don't know just how he said it. Q. Had you seen him conferring with any of. the contestant's friends that.day ? A. I see him talking to Mr. Whitman. Q. Did you see Ryan talking with anyone else, anyone connected with the contestant ? A. I saw him talking with two or three different men. , Q. Who were they ? A. I couldn't say, for I don't known the gentle- men. • Q. Do you recognize any 'of them that are here ? A. I don't think thpre is. Q. Did you see him talk with Mr, Roche ? A. No, sir; I did not. Q. You saw him talk with Judge Whitman ? A. Yes, sir. Q. See him talk with Senator Collins ? A. I don't know the gentleman Q. He is sitting next to Judge Whitman. A. No, sir; I don't think I did. Q. Do you know Mr. Barber ? A. No, sir. Q. Did you see him go into tjje sergeant-at-arms' room ? A. Ican'fc say that I did. Q. You don't remember anything else he said to you about your not coming here ? A. He told me I needn't come back up again; that he would meet me at the train; that was all he said; the 7 o'clock train. Or whatever time it leaves here. 80 634 Q. He didn't agree fo give you anything for staying away ? A. No, sir; and didn't ask him Nothing. Q. He didn't say he had conferred with any of the contestant's friends ? A. No, sir. By Mr. Roche: Q. Is Ryan deputy sheriff up there ? A. I don't know whether he is deputy sheriff or what he is, but I know he is an officer. Q. Did he say anything more to you than he thought you wouldn't be needed that afternoon? A. He told me there he thought I wouldn't be sworn, and we went down street together, and he told me I wasn't wanted up here and he would meet me at the train. Q. Was that about the time the recess was announced here; did you hear the chairman anneunoe an adjournment for a time? A. No, sir. Q. Were you in then ? A. No, sir; I was not.. By Mr. Wellington: Q. Didn't Eyan offer you a dollar and a half to get out of town ? A. He said if I wanted to go home before that train, he would give me money enough to pay my fare home. Q. Before what train, the evening train? A. Tes. ' ' Q. He wanted to have you get right out of town ? A. I couldn't say as to that. , Q. Didn't he say so ? A. No, sir; he didn't. Q. He wanted to have you take the next train after you left this room ? A. He didn't say so. Q. He said he would pay your fare if you did take it ? A. If I wanted to take it. By Mr. Roche : Q. Have you received your fee from the sergeant-at-arms ? A. No,' sir; 1 didn't receive any fees at all. Q. What was the first train that was going out ? A. Leaves here after 4 o'clock, I suppose. Q. Did you take it ? A. No, sir. Q. What train did you take ? A. I went up on the sleeper. Q. Whattirae? A. Leaves here 11.15. Q. Did Mr. Ryan go the same hour ? * A. No, sir. Q. What train did he take ? A. I don't know what train he took. Q. Do you know this committee continued in session here that after- noon until after 5 o'clock ? A. No, sir. Q. Did you understand Mr. Ryan to mean anything more than if 635 you wanted money to get home, not having received your fee here from the sergeant-at-arms, he would give you the money ? Mr. Wellington. — I object to what he understood. Mr. Roche. — It looks as if we would have to defend some of your own witnesses from your attacks. Mr, Wellington. — What witness ? Mr. EooHE. — Ryan. Mr. Wellington. — Was Ryan a witness of ours ? Mr. RooHE. — He is the man you intrusted to get witnesses. Q. What did you understand about Ryan giving you money ? A. He knew I didn't have no money. Q. He was willing to advance you this money to get home if you wanted to go ? A. He told me if I wanted to go he would give me money to go home. By Senator Endres: Q. Did you have any money ? A. No, sir. Mr. Wellington. — Mr. Ryan never subpoenaed a witness for us. Senator Endres. — This man swears he did. Mr. Whitman. — I am just informed Mr. Ryan took his subpcena in there and got his day's money for bringing this man down. By Senator Endres : Q. Have you seen Mr. Ryan since last Monday? A. Tes, sir. Q. Have you said anything to him since ? A. No, sir. Q. Did he say anything to you about not coming here at all ? A. No, sir. Q. He never served you with another subpoena ? A. No, sir. Mr. Ingalsby. — Mr. Ryan was subpoenaed as one of our witnesses for Monday afternoon; he was a witness, but Mr. Ryan was never authorized by anyope to serve any subpoenas for the sitting mein,ber, and had no subpoenas in his possession to serve. Mr. Wellington. — He must have read to this man the subpoena that was served on him. Senator Endres. — Then that saved the State one mileage fee. Mr. Wellington. — Mr. Ryan read his subpoena to him, and brought this man here for a purpose. I can't say what the purpose was. Mr. Ingalsby. — Ryan was here as our witness on Monday, but no^ as our subpoena server. By Mr. Roche: Q. When did you get this subpena dated March 14, 1892, addressed to Robert Parker, Jr., Fort Edward ? A. I got that subpoena to-night. 836 Q. iobfe at it carefully and take notice ot tlie fact tkat it directs you to appear here on Monday, the 14th day of March, at 1 o'clock p. M. ; do you nlean to say you got that to-night ? A. This is the subpaena I got served on me in Sandy Hill. Q. The one I now hold in toy hand that I have just taken from yoiij and which directs you to appear here this eVenin^ at half-past 7 o'clock, is the one you got at Sandy Hill ? A; Yes, sir; Q. At what time ? A. I couldn't say what time it was. Q. About when do you think? Ai Might haVe been 11 o'clock and might have been after. Q. Of what day? A. On Tuesday. Q. This other one you got when ? Mr. Arnold. — Mr. Parker told me he was subpoenaed down here Monday, and hadn't a subpoena, and I gave him that one, I think, about 5 o'clock to-night, after the train came in. He said he had no subpcBna for the Monday time he came down here; he said it in good iaith, and I gave him a subpoena. Mr. Whitman. — We don't question your good faith, but your asso- ciate counsel asserted here they hadn't subpoenaed him; now it appears they ratify the act. By Mr. Eoohe: Q. You were subpoenaed to come here last Monday? A. Yes; sub- poena read to me. Q. By Mr. Ryan? A. Yes; he said I didn't have any means to get here, and he said, "You be at the noon train and I will take you down." Q. He paid you your fare down here ? A. Yes, sir. Q. Did he advance you the money to go back ? A. No, sir. Q. He didn't give you the dollar and a half ? A. No, sir. Q. How did you get back ? A. I borrowed the money to get back. I By Senator Endees: Q. Here in Albany ? A. Yes, sir. Q. Who from ? A. I borrowed the money from Mr. Morrison. Q. How much did you borrow; enough to pay your fare home? A. Yes, sir. Q. How much was that ? A. I borrowed a dollar and a half of him. Q. Did that pay your fare? A. Yes, sir; with what I had; I think it was one dollar and sixty cents. Q. What is your business ? A. Working by the day. Q. Day laborer ? A. Yes, sir. 637 By Mr. Eoohe: Q. Mr. Morrison is here in the room ? A. Yes, sir. Q. He is a Republican? A. I suppose he is. Q. He served a ^ubpoena on you last Tuesday to be here to-night? A. Yes, sir. Q. That was on the street in Sandy Hill? A. Yes, sir. Q. Where does he live, in Port Edward ? A. Sandy Hill. Q. He was quite an active Derby man last fall? A. That I couldn't say. Q. He is looking after Mr. Derby's interest now? A. That I. couldn't say. Q. Is Mr. Morrison an under sheriff 'and jailor at Sandy Hill ? A. He is in the court-house there; I couldn't say what he is. Q. Holding a position ? A. Yes, sir. Edt^^kd p. Moebison recalled. By Mr. Arnold: Q. On last Monday were you given a subpoena by Mr. Wellington to serve on Charles Schiff ? A. Yes, sir. Q. Did you serve it upon him ? A. Yes^ sir. Q. When and where ? A. At Mr. Keeler's restaurant, at 6.15, here in Albany. Q. State what he said at that time ? A. Well, he joked about it ; 1 met him with a friend down there; he said he had been up once that afternoon, and there was a recess taken and he came down street and he didn't know whether he was legally dischargied or j;iot; but he accepted the subpoena and conveyed to me the idea it was a legal service, etc., and he didn't know whether he would be here or not. Q. Who was he with ? A. Charlie Barber. Q. Of Greenwich ? A. Yes, sir. Q. The same person who has been sworn here as a witness on the part of the contestant ? A. I never heard of Mr. Barber, sworn. Mr. Whitman. — This was an hour and a half after the committee adjourned. Mr. Barber stayed here and wajked down with Mr. Roche and myself, and others. Q. Did Mr. Schiff say he had b6en subpoenaed before ? A. Yes, sir. Q. To appear here? A. Yes, sir. • Q. Who did he say told him he could take a recess,, as long a recess as he wished ? Mr. Roche. — Did he say that ? I didn't understand him so. Q. Did he tell you that 1 A. He said he was up here and they took a recess; he said they took a recess; he didn't say as I remember of; 638 didn't name any particular one who told him he could take a recess; I inferred from that the committee adjourned. Q. Did he tell you that anyone on the part of the contestant told him that he might take a turn down street and come back when he got ready, or that in substance ? A. He said he was talking with the boys — the fellows — and one he named, counsel on the opposite side, and said they took a recess, as I understood it; he didn't catch on just when the recess was, but they told him there was a recess, and he took it for granted he could take a vacation and go down street. By Mr. Wellington: Q. Mr. Barber has been here at every session V A. I have seen him here at several. Q. Tou have seen him conferring with the contestant a number of times ? A. Yes, sir. Q. He has always been sitting on that side of the room with the con- testant's friends ? A. He is a pretty good-natured fellow. Q. He has been quite active ? A. Tes. Q. Assisting the contestant ? A. I don't know; it looks as though he had been a little on that side of the house; he seems to locate over there. Q. Did you see SchifE when he came in the room that day ? A. No, sir; I didn't get here on the train time to see him. Q. Tou didn't see him go in the sergeant-at-arms' room ? A. No, sir. By Mr. Eoohe : Q. What are your politics 1 Senator Endees. — I think the committee understands what his politics are. The Witness. — I am a Eepublican. Q. What position do you occupy ? A. Deputy sheriflE and jailor in Sandy Hill. Q. Under the Eepublican administration ? A. Yes, sir. Mr. Wellington. — I move the case of Mr. SchifE be reported to the senate for their action to-morrow morning, in order on the adjourned day we may have his attendance. He is a very important witness. It appears he was seen on election day with what appeared to be money in his hand; the witness, when pinned down, wouldn't say he would swear it was money, but it looked like paper money in his hand, on election day, outside the polls, and he saw a voter approach him at that time and he was evidently working, and the witness heard Schiff say he had fixed this voter; we all know what that means. Senator Endbes. — We infer what it means. 639 Mr. Wellington. — We know. Mr. SchifiE' has been inspector twice. Senator Ehdres. — He has been, here once. Mr. Wellington. — He was- here for a moment only, and the only proof is he was in the room momentarily and a witness was on the stand, and wJien we concluded the testimony of that witness there was a recess taken. He has been subpoenaed- again, and he 'is not here to-night. Mr. EocHB. — We are not going to deny the testimony relative to Mr. Sohiff. i Mr. Whitman. — That he appeared on the streets with something like^money? Senator Endees. — He has been here. Mr. Whitman. — And remained in the city at a public hotel, registered there, and when he was served I believe sat eating at a table in that restaurant. Mr. Wellington. — The moment he leflj this room we couldn't find him. His business was here at 3 o'clock. Mr. EocHE. — He was here at 2 o'clock; Mr. Wellington. — We put a subpoena in the hands of Mr. Morrison for service, and he was started to find him at Keeler's at 7 o'clock,^ because we were told he would be found there at 7 o'clock. Mr. Whitman. — Mr. Wellington has made an assertion which is at variance with the statement made to him by the ofBcer who served the subpoena. » ■ Mr. Wellington. — What is it ? Mr. Whitman. — I assert there was no such arrangement he was to meat with any friend. Tou directed him to go at once to Granuille and serve it there. Mr. Wellington. — I told him nothing pi the kind. I told him to go there and meet him at 7 o'clock, as I was told he was to meet a friend there at that time, and there were half a dozen witnesses heard me, to meet him at Keeler's at 7 o'clock; I was told that he, SchifiE, was directed to meet a friend at Keeler's at 7 o'clock. He had left the room and we called his name in vain. Senator Endues. — If you can agred among yourselves as to what shall go in the record. Mr. EocHE. — We are not going to call any witness to contradict what their witness has testified to about Schiff. Mr. Wellington.-^ If we can prove that SchifiE handled Democratic money and bribed a large number of voteis; if they will admit that, that will settle it. Mr. EooHE.^Certainly we will not admit that. If the thing was as extensive as Mr. Wellington says it was, it is singula* they didn't 640 Ihave some witnesses here to prove it except a single man who saw ihim in the open, public street hand out what he thought might be amoney to a voter. Mr. Wellingtok. — That is perfectly absurd to say thq.t is all we expect to prove by Schiff; that was the one instance seen by this gen- , tleman whom we called. Mr. WniTMAN. — Do you want to prove he was an assistant of the , man William E. Eoberts ? Mr. Wellington. — I want to prove by Mr. SchifE what I have stated. We are entitled to have his case presented to the senate; he has been regularly subpoenaed. Mr. Whitman. — I raise the question that one member of the com- . mittee has no power to report for contempt. Senator Endees,- — No; he certainly has been here once. Mr. Wellington. — But he wasn't called. Do you mean to say a man may, in obedience to a subpoena, come within this room and stay five minutes while a witness is on the stand, and leave the room, and then he is not obliged to come here ? Senator Endbes. — I don't want to be understood as saying that; the , committee has bepn treating both sides as fair as they could possibly ask to be treated. We have had this question up once or twice before, and the order was issued by the chairman of the committee that an additional subpoena be sent to the party, and then if he didn't appear he would be reported to the senajie. This man has been here; there was a recess. Mr. Roesch wanted to be absent. He had some other business and he was waiting for me to come in. I came here, the proceedings were continued, and I suppose when the recess was announced this man left. He certainly didn't intend to disobey that subpoena last Monday, if he did he wouldn't have come at all. It is fair and just this man be subpoenaed once more and then be reported by a majority of the committee. I certainly don't believe a single member of the committee has the powen to make a report of that kind. Mr. Wellington. — I think that is fair. Senator Endres. — Let another subpoena be issued for this man. Mr. RooSE. — We wanted to close this case to-night. Senator Endees. — Finish what you have got and we will see what you have got. William L. Towne, being duly sworn, testified as follows: By Mr. Arnold: Q. Where dp you reside ? A. Middle Granville. Q. Did you on, I think, last Friday, on or before Monday last, serve a subpcana upon Mr. Oharles SohiflE ? A, No, sir; I did not. 641 Senator Endris. — Morrison testified to the fact that he was sub- poenaed, and it is admitted by the fact that he was here. Mr. Aenold. — That is all then. Senator Endbes. — That closes your case with the exception of Mr. SchifE. William Tolman, being duly sworn, testified as follows: By Mr. Whitman: Q. Where do you reside ? A. Hartford, Washington county. Q. How long have rasided there ? A. Forty-two years. Q. How old are you ? A. Sixty-three. Q. Are you a business man of that town ? A. Somewhat. Q. Farmer? A. Farmer. Q. Are you a director in the People's Bank of Sandy Hill. A. Yes, sir. Q. Do you hold any official position, if so, what is it ? A. United States loan commissioner. Q. In Washington county ? A. Tes. Q. Do you know Stephen Rock ? A. Tes, sir. Q. How long have you known him ? A. A dozen or fifteen years. Q. Stephen Bock testified here the last hearing that at the last election you offered him one dollar and fifty cents to vote the Demo- cratic ticket; did you do so? A. No, sir. Q. Did you see him on election day ? A. I did not see him election day at all. Q. Did you have any transaction with him of any nature whatever on election day ? A. No, sir. Cross-examination : By Mr. Arnold: Q. Didn't you offer Mr. Bock one dollar and fifty cents if he would vote the Democratic ticket last fall ? A. No, sir. Q. Didn't you ever offer him one dollar and fifty cents or any money for voting a Democratic ticket ? Mr. Whitman. — That is objected to. Senator Endbes. — Limit it to the last election. Mr. Wellington. — On cross-examination are you not in order to test the credibility of the witness, to ask him about a transaction of a similar nature that occurred the year before ? _ Senator Endrbs. — I don't think it is material in a case of this kind. Q. Didn't you last November offer to pay Danforth Winchell money to vote the Democratic ticket ? A. No, sir. 81 642 Q. Didn't you handle the Democratic money, or some of it, for the town of Hartford ? A. No, sir. Q. Didn't Mr. Lyons, the chairman of the Democratic county com- mittee of the county of Washington, send you and Elmer Ingalsbe sixty dollars to be used by you and him ? A. No, sir. Q. Didn't you handle some of the Democratic money at the last election? A. No, sir. Q. Did you ever handle any of it ? Mr. Whitman. — -That is objected to as not within the issue. Senatpr Bndees. — Objection sustained. Q. Di|i you last November pay a man by the name of Curley, or who is i nicknamed Curley, for voting the Democratic ticket? A. No, sir. Q. Did you approach him ? A. No, sir. Q. Did you approach any man last November and ask him to vote the Democratic ticket ? A. Not any man; I didn't work last November. Q. Did you ever work at the polls? A. Yes; always before. Q. Did you last November ask Robert Wiggins to vote the Demo- cratic ticket ? A. I don't know that I ever spoke to Robert Wiggins in my life. Q. Did you ask his son-in-law ? A. No, sir. Q. Didn't you last November send a man into one of the places of business in the town of Hartford for Mr. Wiggins, or his son-in-law, and ask them tq have them come down to the market kept by Elmer Ingalsbe ? A. No, sir. Q. Didn't you meet men there last November ? A. No, sir. Q. You swear you handled no money of any kind last November ? A. Yes, sir. By Mr. Wellington: Q: Didn't you see Mr. Rock the day before election? A. I don't think I did. Q. Will you swear you didn't? A. Yes; I will swear I didn't. ' Q. You saw him a few days before election ? A. I saw him in the fall. Q. You see him there frequently ? A. Yes sir. Q. Didn't you have any talk with him at all? A. No, sir. Q. Didn't make him any promise of any kind ? A. No promise of any kind; if I had I would tell. Q. Have you not, sir, before last November, bought votes ? Mr. RooHB.— I object to what he did before last November. 643 Q. Have you not before last November bought votes ? Mr. EocHE., — Objected to as immaterial. Senator Endbes.- -That is sustained. Mr. Wellington. — May I not impeach this man's character on cross- exa mination ? Mr. Whitman. — No; nor even intimidate him. Senator Endebs. — That has been the ruling of the committee. Mr. Wellington. — I want to have it go on the record; may 1 not impeach this man's character by saying he has violated the provisions of the election laws, ballot laws heretofore, before last November, that he is — Mr. Whitman. — You are going before it was passed. Mr. Wellington. — It has always been a crime. Mr. Whitman. — No; it has not always been a crime. Mr. Wellington. — Can't I prove by this witness before last Novem- ber he bought votes ? Senator Endees. — The man testifies distinctly he didn't ask anybody to vote. Mr. Wellington. — A witness has sworn this man promised him a dollar and a half if he would vote the Democratic ticket ; if I can impeach this man's testimony out of his own mouth is it not to be allowed ? Senator Endees. — I don't think so. Mr. Wellington. — They have been permitted to put in the returns for 1890 to show what the vote was in Whitehall. Mr. Whitman. — That is a different question. Mr. Koche. — And you didn't object to it. Mr. Wellington. — Tes; we did. Senator Endees. — They went in. Mr. Wellington. — I submitted to^the ruling. Senator Endees. — The ruling of the committee has been that way, and a single member of the committee certainly will not at the eleventh hour of the case endeavor to reverse that. Mr. Wellington. — 1 don't expect anything of that kind; I do not understand we can not impeach a witness out of his own mouth. The other side consumed thirty-nine days to put in their case, and we have, including to-night, occupied a space of eighteen. Mr. EooHB. — How could we consume thirty-nine days when we sub- mitted to the adjournments the committee made from time to time ? Senator Endees. — The objection is sustained. 644 Elmer E. Ingalsby, being duly sworn, testified as follows: By Mr. Whitman: Q. Where do you live ? A. Hartford, Washington county. Q. How long have you lived there ? A. Twenty-eight years. Q. What is your occupation ? A. Buying cattle and sheep. Q. Are you related to one of the counsel for the sitting member? A. I am. Q. What is the relation ? A. Cousin. Q. Do you know Stephen Eock ? A. I do. Q. How long have you known him ? A. Ten or twelve years, I should think. Q. Do you know his character from the speech" of the people in the community in which he lives ? A. I do. Q. What is that character — good or bad ? A. Bad. Q. What is his character from the speech of the people for truth and veracity? A. They don't hold him accountable. Q. From the speech of the people would you believe him under oath? A. I can't say that I would. Gross-examination : By Mr. Arnold : Q. What is your relation to the previous witness ? A. Brother-in- law. Q. Last fall didn't you handle some of the Democratic money for the town of Hartford ? A. No, sir. Q. Didn't Mr. Lyons send or give to Mr. Tolman or you sixty dollars? A. No, sir. Q. Haven't you so stated in the town of Hartford ? A. No, sir. Q. That you received some money ? A. No, sir. Q. Didn't you get some money from Mr. Norton ? A. No, sir. Q. You had no money whatever ? A. No, sir. Q. Were you active on last election day for the Democratic party ? A. No, sir. Q. Didn't you ride, previous to that time, around through the town of Hartford, soliciting voters? A. Not a mile. Q. Didn't you approach any voter prior to election day in the interest of the Democratic party ? A. I wouldn't say I didn't. Q. How many ? A. Not but a few, if any. Q. Name one ? A. I can't do it. Q. Did you see Orlando Barrell prior to last election day? A. I saw him very often; he lives within a mile of me. Q. Do you know what his politics are ? A. I can't say that I do. 645 Q. Isn't he a Republicaii, as you understand it ? A. I couldn't say. Q. Do you know that he did not vote on last election day? A. No, sir. Q. Do you know Edward Durkin? A. Yes, sir. Q. Did you see him and have a talk with him prior to election day or on election day? A. No, sir; he don't vote in my district; he lives four miles from me. Q. Did you see Leander Gilchrist? A. No, sir; they don't vote in my district. Q. Did you see Norman Hatch on election day? A. No, sir. , Mr. Roche. — What is the use of asking him about people that don't live in his district ? Senator Endbes. — Go on with the questions. Q. Did you see Marshall McCoy prior to election day ? A. I can't say that I did. Q. Will you name some of these men whom you say you approached before election day and asked to vote the Democratic ticket ? A. No, sir. Q. Did yDu ever handle Democratic money ? ' Mr. RooHE. — We object to it as immaterial. Q. In the town of Hartford ? Senator Endees. — If you confine this to 1891 I will let that go in, otherwise I will have to sustain the objection as I did in Mr. Welling- ton's case. Q. Did you ever buy any votes ? Mr. Roche. — We object to that. Senator Endbes.— Come down to 1891 and he can answer the question. Objection sustained, Mr. Wellington. — We except. Q. Did you answer the question I asked you a moment ago, that you never told anybody in the town of Hartford that you had money on last election day ? A. I never told anybody so. Q. You say it is a fact you did not have any money on last election day? A. Yes, sir. Q. Where were you on that day ? A. Right there in the village, in my place there, market, very nearly all day. Q. How many men were in there that day ? A. I couldn't tell you. Q. A good many ? A. They were going in and coming out most all the whilej Q. Your place is a meat market ? A. Yes, sir, Q. It was situate about opposite the polls — of the building in which the polls were held ? A. Yes, sir. 646 Q. These were voters that came in? A. Mostly women, after meat. By Mr. Wellington: Q. Did any voters come in your place ? A. Some. Q. After they voted ? A. I don't know whether they voted or not. By Mr. Arnold : Q. Did they get any meat after they came in and voted? A. I don't know whether they did or not. By Mr. Whitman : Q. Speaking of money, did you hear that Judge Arnold sent sev- enty-five dollars of Mr. Derby's money to a Democrat by a Michael Clarke, to be used for him in that town ? Mr. Wellington. — I object. Alonzo Noeton, being duly sworn, testified as follows: By Mr. Whitman: Q. Where do you reside ? A. Hartford^ Q. How long have y9u lived there ? A. About fifty years. Q. What is your business ? A. I am not doing much of any now- adays. Q. Have you been a farmer ? A. Yes, sir; and produce buyer. Q. Do you know Stephen Eock ? A. Yes, sir. Q. How long have you known him ? A. Ever since he was born. Q. Do you know what his character is from the speech of people y A. Bad. Q. Prom the speech of people, would you believe him under oath ? A. No, sir. Gross-examination : By Mr. Arnold : Q. What are your politics ? A. I am a Democrat. Q. How long have you been a Democrat ? A. Always. Mr. Wellington. — I didn't suppose this man to be of particularly high reputation. Mr. Whitman. — He swore he was a temperance man. Mr. Wellington. — Anybody could see what he was. Q. Who did you ever hear say anything about his character? A. James M. Northrup and Frank Bunn, last night. Q. Previous to last night who had you heard ? A. Always. 647 Q. Name one man you iiad heard before last night say anything about it? A. I don't know as I can. Q. Prior to last night you hadn't heard his- character for truth and veracity spoken of in the town of Hartford? A. Yes; I had always h§ard it; he is a gilder, part French. . ' Q. Hasn't Mr. Talman been an active politician for the Democratic party ? A. Yes, sir. ' Q. Wasn't he last' fall? A. No, sir. Q. What was he doing last fall? A. He wasn't doing anything. Q. All day? A. Yes sir. ' Q. Did you handle any money for the Democratic party last fall ? A. YeS, sir. Q. Had you heretofore ? Senator Endres. — Stop right there. By Mr. Wellingiton: Q. Have you ever bought votes ? Mr. Whitman. — Wh9,t is the use of taking time with that ? Q Have you ever bought votes ? Mr. Whitman. — We object. Senator Endres. — To 1891 you can ask hiin the question, but before that we don't care anything about it. Mr. Wellington. — There is an objection on the record as it stands. Senator Endres. — We will give you an exception. Mr. Roche — We don't object to his asking the question for 1891. Q. Did you buy any votes last fall ? A. No, sir. Q. Or promise any man any money ? A. No, sir; nor had no money. Q. Who did have on your side ? A. That is my business. Q. Who had the Democratic money ? A. I don't know. Q. You heard didn't you ? A. I don't know if I had. Q. Did you vote ? A. I did. ^Q. You saw the men about the polls? A. Yes, sir; I saw voters about the polls. Q. Where did the Democratic voters go after they voted ? A. Went out in the street and went home. Q. Did you see them go into this market? A. I couldn't tell you whether I did or not; I was in there. Q. Did you get any pay for your vote? A. No, sir; I never sold my vote yet. Q. Even in 1888? A. Never. 648 Q. Have you ever bought any ? A. Never; nobody tried to buy my vote. Q. You have tried to buy others? Mr. Whitman. — We object. Senator Endkes. — Eighteen hundred and ninety-one. Mr. Wellington. — That is good enough impeachment. By Mr. Whitman: ' Q. Do you say you have always heard this man's character dis- cussed ? A. Yes, sir. Q. And it has always been held bad for years past? A. Yes. Q. You heard James M. Northrup speak of it?, A. Yes. Q. Was he formerly the Eepublican county treasurer for a large number oi years ? A. Yes, sir; a number. By Mr. Wellington: Q. For how many years have you heard his character discussed ? A. EJver ^ince he was a boy ? Mr. Whitman. — Do you intend to sustain this man ? We have other witnesses. Mr. Wellington. — I don't think you have impeached him very bad so far. Mr. Whitman. — Do you intend to call anybody ? Senator Endkes. — Monday this case has got to close. Mr. Whitman. — If you can sustain Eock, we won't take any more time. Mr. EooHE. — I want to call the attention of the committee, and have it go oi^ the record, to chapter 47 of the Laws of 1881, which is an act relative to the appointment of inspectors and poll clerks of election in the city of Troy. Mr. Wellington. — I object to incumbering the record with a statute which the committee should take judicial notice of. Mr. Eoohe. — Particularly to sec:ion seven of the act, which reads as follows : " The inspectors of election and poll clerks of each of the two principal political parties shall be appointed upon the nomination of the police commissioners respectively representing the political party from which such inspectors of election and poll clerks shall be appointed." I also desire to have entered on the record chapter 328 of the laws of 1880, as amended by chapter 76 of the Laws of 1881, which is rela- tive to the police force of the city of Troy, and showing among other things that the police commissioners were divided politically two and 649 two, and particularly to section 40 : " It shall be the duty of the board of police commissioners to detail on the day of any election in the city of Troy at least one patrolman to each election poll." And also to have entered on the record, chapter 362 of the Laws of 1881, and chapter 54 of the Laws of 1885. T. Keith, recalled: By Mr. Eoohe: Q. How many election districts were there last fall in the city of Troy? A. Fifty-four. Q. What was the total registration in the city last fall? A. Fourteen thousand six hundred and thirty. ' Q. What was the total vote ? A. Thirteen thousand six hundred and eighteen. v William W. Willakd, being duly sworn, testified as follows: By Mr. Eoohe: Q. Are >ou superintendent of the police force of the city of Troy ? A. Yes, sir. Q. When was the police force appointed ? A. March, 1885. Q. Was the board of police commissioners composed then of two EepiAlicans and two Democrats ? A. Tes, sir. Q. And continued such until within two months ? A. Yes, sir. Q. When this force was appointed was one-half of the force named by the Eepublican commissioners and one-half by the Democratic commissioners? A. It was. Q. Did you prior to the last election issue and cause to be published ■in the daily newspapers of the city an order or proclamation relative to the election ? A. I issued an order. Q. Have you got it ? A. Yes, sir. Q. This is a correct' copy of it ? A. Yes, sir. Mr. Eoohe. — I would like to have this order entered on the record. Mr. Wellington. — I object to it as immaterial. , Senator Endres. — What is the object of the order ? Mr. EocHE. — We have heard a great deal about the police force and about their acting and I propose to show — Mr. Wellington.^ There has been nothing said about the police force except as to the specie instances that have been proved; there will be no remarks about the police force in general. There is no charge the superintendent didn't do his duty nor that there was not a proper order given. 82 650 Mr. EooHE. — I submit we ought to have the matter appear affirmatively. Senator Endees. — Suppose he consents to have it go on the recorde he will not attack the police force. Mr. EocHE. — We want to show what is called the government of the city of Troy, and that we will hear a great deal of in the argument. Senator Endkes. — You won't hear any argument. Mr. EooHE. — Well, in .the brief then. Senator Endbes. — There is no use lumbering the record when you can agree on it. Mr. EocHE. — A page of this order won't lumber your record. Mr. Wellington. — I object to it as immaterial. Senator Endees. — It won't do any harm. Headquaetees Police Depaetment, ) ^®°fa My*^^""' } Teoy, November 2, 1891. i ' To Captains of Precincts : On to-morrow, Tuesday, November third, will be held the general election of 1891. The polls are required by law to be open from suigrise until sunset (6.35 a. M.-4.51 p. m.). On that day you will order the whole of your command on duty, and no member will be excused who is able to do patrol duty. You will detail at least one officer from your force to each of the polling places in your precinct from the opening of the polls and untU the completion of the canvass of the votes, making such hours of duty and relief and duty as you may deem proper, and all officers not on duty at the polls will be held on reserve at the station house. Each polling district must be supplied with three boxes, namely : One box for ballots voted, one for stubs and one for unvoted ballots. You will see that the proper boxes are sent to each of the districts in your precincts. The election law prohibits any person from electioneering within the polling place, or in any public street, or room, or in any public manner within 150 feet of any polling place. You will instruct your officers to see that this law is strictly enforced. Any person or persons under the guise or pretense of authority as peace officers or otherwise are not exempt from the law in this respect, and for any violation thereof they are as liable to arrest and punishment as any other citizen. The officers must see that peace and order are preserved and enforced in the poll- ing places and also in the streets in the vicinity of; the polls. Inspect- ors of election are by law the sole judges of the right of citizens to vote in their respective polls, and are the legal canvassers of the votes cast at elections. You will, therefore, under all circumstances 651 protect them in the undisturbed possession of the ballot boxes, and repress all improper interference with them while receiving and can- Tassing the votes. The watchers must also be protected in the exer- cise of their legal rights. W. W. WILLARD, 8upt. Troy Police Force. Q. What, are the politics of Officer McChesney? A. He is a Repub- lican. Q. Prior to last election did you receive some word about a gang of men who were coming to Troy to register? A. Yes, sir. Q. State what that circumstance was ? Mr. Wbllinqton. — I object to it as hearsay, what he may 'have heard. Senator Endkes. — Let him state what he knows. Mr. Wellington. — I object to the testimony as to what he may have heard, or what information he may have had from anybody, or what he did. Senator Endees. — What is your object ? Mr. EooHE. — We had a great ado made the other day, it has been made in the public press, too, testimony given here actually misrepre- sented, about a man in Whitehall, who, on the morning of election, found there was a gang of five repeaters, as he called them, and he was directed to keep watch of them, and he got them out of town at half past 11 that iporriing, and their tickets were bought for Troy; their baggage was taken for that ^lace, and we shall hear a great deal in the argument about this wicked conspiracy about the Troy gang and Troy politicians, and we had a statement from the gentleman that never was there any such thing known among the Republicans in the city of Troy as repeaters. I propose to show an attempt was made last fall and made up to bringing men in the depot in the city of, Troy for the purpose of my friend on the other side and their political pur- poses. A gang was brought there to be registered, and they were anticipated by the police and practically driven out of the city. That is what I propose to show. I don't propose to have it go on the record and go in the public press and public mind that there is all innocence and virtue on one side and nothing but rascality and illegality on the other. Mr. Wellington. — The offer is so broad that there are elements of the offer that might be proved by competent stestimony. I object to this question. The question is, what the superintendent heard about a gang of men coming there. 652 Q. What do you know about it ? A. A dispatch was sent to me from Albany that there would be — Mr. Wellington. — I object to the testimony as to the contents of the dispatch upon the ground, first, it is hearsay; second, it is not the best evidence. Q. Have you that dispatch? A. No, sir; I have not. Q. Have you looked for it? A. I have. Q. Have you been able to find it ? A. No, sir. Q. Are you able to state its contents? A. Nearly; yes, sir. Q. Have you looked for it in such places as you would be likely to find it if it hadn't been destroyed ? A., I looked through my dispatches and didn't find it; I probably carried it in some of my pockets. Q. And eventually destroyed it ? A. Probably I did. Q. I now ask you what it is ? Mr. Wellington. — I object to it as hearsay and not the original. To prove the destruction of the copy he received is not proof of the loss of the original that was sent. Mr. EocHE. — It isn't any more of an briginal than the other one. Senator Endees. — The committee will take it for what it is worth. The Witness. — I received a dispatch there would be a gang of men on the early trains in the morning; to look out for them. Q. Did that dispatch mention any name of a person who was in charge of them? A. Yes, sir; the name of Mr. Dewon. Q. What did you do after receiving that dispatch ? A. I detailed oflScers and went to the depot the next morning and watched the trains. Q. What occurred ? A. We found four suspicious men on one train and two on another. Q. Did you know any of those four ? A. Yes, sir; I knew one of them. Q. What was his name? A. McDonald; resident of Albany. Q. Did you know of hiin in connection with a criminal case ? A. Yes, sir. Q. This other party came on another train to the depot ? A. Two trains came. Q. Did you hear of Mr. Dewon being on that train ? A. He was on the second train. Q. With whom did Mr. Dewon politically affiliate last fall? A. With Henry Conway. Q. And with Conway'^ political friends ? A. Yes. Q. Were they in league with the Republican party? A. Conway was nominated by the Republican party for member of assembly. 653 Q. And it was understood he and his brother were supporting the Republican nominees ? A. Yes. Q. Mr. Dewon you knew was in active assistance with these parties ? A. Yes, sir. Q. What did you tell these gentlemen? A. I interviewed Mr. McDonald at West Troy and I also reported there were four on the train, and I told him if he was going up tp Troy for any such pur- pose with these men that he would be arrested, and he had better not do it, and they got out of town; they got off at the bridge; I detailed officers to watch them. Q. It was reported to you they had left the city ? A. Afterwards. Q. By the officer ? A. Yes, sir. Gross-examination : By Mr. Wellington: Q. What day was this ybu got the telegram ? A. It was one of the days of, the registration. Q. Do you remember which day ? A. I think it was the first day. Q. From whom was the telegram? A. John J. Cassin. Q. He is a Democrat ? A. Yes; assemblyman. Q. What are Dewon's politics ? A. I don't know. Q. He has been heretofore a Democrat ? A. I couldn't say what his politics are. Q. He never was a Republican, was he ? A. I wouldn't trust him very far. Q. You don't mean to say he is a Republican ? A. I don't know that he is a Democrat. Q. What were Mr. Conway's politics ? A. He was supporting the Republican ticket last fall. Q. What were his politics ? A. Before that ? Q. Yes ? A. He was known as a Democrat. Q. Always been an active Democratic worker ? A. Yes, sir. Q. All his brothers, Conway's, had been active Democratic work- ers 1 A. Until that time. Q. Until last fall? A. Yes, sir. Mr. RooHE. — You Are forgetting the faU before? A. I mean 1891. • Q. Daniel Conway was county clerk ? A. Yes, sir. Q. Elected on the Democratic ticket 1 A. Yes, sir. Q.'He and Mr. Murphy had a falling out? A. I believe so. ^ Q. And last fall Mr. Conway supported the Republican ticket? A. Yes, sir. 654 Q. Mr. Daniel Conway's brother, Henry Conway, ran for Assembly as an independent Democrat and was also nominated by the Repub- licans? A. He received the nomination through the Republican party. Q. He also had an independent ticket? Mr. KooHE. — No; he didn't; the court knocked that out. It was a sham. A. I don't know. Q. Didn't you know he was running as an independent candidate ? Mr. KooHB. — By signature, or by the convention? Mr. Wellington. — I don't know. Q. Don't you know his name was printed on a separate ticket? A. I think his name was printed on two tickets. Q. Was Mr. Dewon one of Mr. Conway's friends ? A. Tes, sir. Q. Has he been for a good many years ? A. I think he has. Q: Has he been a politician; has he in elections worked with Con- way' ? A. I don't know ; previous to this election he has been a friend of Conway's. Q. He has always worked with the Democrats? A. I can't say. Q. Don't you remember that he has? A. No, sir. By Mr. Eoohb : Q. Wasn't Henry's name on the Republican ticket from Fassett down to the bottom ? A. Yes, sir. Q. On the regular Republican official ballot ? A. Yes, sir. Michael Ryan, being duly sworn, testified as follows: By Mr. Roche: Q. Where do you live ? A. Troy, 310 Fourth street. Q. In what ward ? A. Eleventh. Q. Were you an inspector of election in one of the districts of the eleventh ward last year? A. Yes, sir; first district. Q. Were you there the year before ? A. Yes. Q. There has been some proof offered here by Mr. Wellington relative to one Parks in your district last fall; what was he? A. He was a Republican clerk. Q. Poll clerk? A. Yes. Q. It isn't true he was acting as an inspector of election ? A. No, sir. Q. State the conduct of this man on election day and how he came to be ejected from the polls ? A. The morning when he came'theie he was under the influence of liquor, and as the day went through he got worse, and in the afternoon — 655 Mr. Wellington. — If it is true Mr. Parks was intoxicated and raised a row, then the proof offered on that subject does not amount to anything for the sitting member. Mr. EocHB. — My friend callfed it a riot the other night. Mr. Wellington. — As regards the mayor ? Q. As regard^ Parks? A. About i o'clock he became very drunk. Q. Did he go out quite often during the day? A. Yes; I wanted him to keep still but he wouldn't, and the mayor came to the door and asked how many votes infeve polled and I looked to the clerks to see the number, and the very minute he came to the door Parks went for him ; the mayor says, " I don't want to speak to you, I am speaking to Mr, Ryan,'' and with that he went for him, and I says, " You sit down and attend to your books and don't be making so much trouble as you have been," and he called me a damn son of a bitch, Parks did, and there was a friend of mine there and he says, " if you call that old man a son of a bitch any more it won't go very good with you;" he sayfe, " Yes; I call you the same," and he went for the fellow and the fallow hit him. , Q. Was he put out then? A. No; not then; a policeman came in and they had a row around and he went for the policeman and the policeman gave him a little tap with the club and made a little blood come, and after that I wanted to quiet him down and he wias very abusive, the worst kind of language, and we had to put him out. Q. Was he abusing the policeman, too? A. Yes; he was abusing the policeman. Q. State what his conduct was during thfe day relative to interfering with the voters ? A. His conduct was we couldn't do anything with him ; he wouldn't sit down ; every voter that made his appearance to come in he would jump up and meet him and prevent his voting, and we put him out the latter end; we didn't put him out; we got two Republicans, the Republican inspectors, to coax him to go out; and we got him out and kept him out and appointed a Republican. Q. Did you appoint another man in his place who was agreeable to the Republican inspectors of election ? A. Agreeable to the whole of us. Q. While he was in there did the mayor do any electioneering or peddling of pasters, the paster ballots 1 A. Oh, no. Q. Was this man noisy and obstructive during the day? A. He was up every moment and making all the trouble he could; used to go out. Mr, Wellington. — I don't care to ask him. 656 John Kilian, being duly sworn, testified as follows: By Mr. Roche: Q. Where do you reside ? A. Two haindred and seventy-six Fourth street. Q. Were yoU one of the Republican inspectors of election in the first district of the eleventh ward last fall? A. Yes, sir. Q. Were you there the fall before ? A. Yes, sir. Q. You may describe Mr. Parks' conduct during the day of the last election in November? A. He was kind of late in getting around in the morning; about half-past 7, and he was intoxicated and was insulting people when they came in to vote; and one part of the day Mr. Whelan, the mayor, came in and asked Mr. Ryan how many votes were cast; Mr. Ryan went to the book to see, and he hollered "Get out of here!" and Mr. Ryan told him to mind his own business; he called Mr. Ryan an old gray-headed son of a bitch; and we told him if he didn't stop we would put him out. Q. Did he use that elegant name several times during the day ? A. Yes, sir; so we wanted him to stop and he wouldn't stop, and we told him we would put him out; a gentleman by the name of Burke came in and told him if he didn't respect old age better than that he was a dirty loafer; and he called Mr. Burke a son of a bitch and went towards him, and Burke hit him; and finally, about half-past 4, he commenced to curse at the policeman; so just about the time the polls were closed we had to put him out. Q. Did the inspectors of both parties unite in that ? A. Yes, sir. Q. Was there any tim^ during the day that he was sober? A. No, sir. Mr. Wellington. — We consent the testimony given by the sitting member as to that affair may be stricken from the record. Q. Did all the inspectors agree as to the count of the votes that day? A. Yes, sir. Mr. Wellington. — The committee may disregard any testimony as to that incident in the eleventh ward. John Kbenan, being duly Sworn, testified as follows: By Mr. Roche: Q. Were you one of the Democratic inspectors of election in the third district of the twelfth ward, last fall? A. Yes, sir. Q. On that day did you give out any paster ballots in the polling place? A. No, sir. 657 Q. Did you assist some voters in the booth ? A.. Tes. Q. Under what circumstances ? A. They asked me. Q, Were they men who were. sworn they were physically disabled? A. Yes, sir. Q. And they selected you to go in with them ? A. Tes, sir. Q. How many cases were there of those ? A. There may be five. Q. After awhile, was some objection made to your doing that ? A. Yes, sir. Q. And did you desist ? A. I stopped. Q. You didn't do that for the rest of the day ? A. No, sir. Q. With the exception of the time that you were assisting these voters at their request, were you engaged actively in the discharge of your duty as inspector ? A. Yes, sir. Q. Any disagreement among the inspectors as to the canvass of the votes ? A. No, sir. Gross-examination : By Mr. Wellington: Q. Did you have Democratic paster ballots that day, with you ? A. No, sir. Q. Were there any in the room ? A. No, sir. Q. Didn't you have any in your pocket ? A. No, sir. Q. When you went into the booth to assist these men, did anyone take your place as inspector ? A. No, sir. Q. Any votes received while you were in the booths ? A. I don't know; there may be voters in the other booths. Q. Who took your place with disabled voters after you stopped ? A. Nobody. Q. Weren't there any assisted after you stopped ? A. I didn't see any. Q. Didn't see any all iJuring the day; all the disabled voters stopped as soon as you stopped assisting ? A. It seemed so. By 'Mr. Eoohe: Q. While you were assisting voters, if others voted were there ballots received by the board, consisting of two Republicans and one Democrat 1 A. Yes, sir. Mr. Roche. — In answer to your testimony on that point we shall argue there is no law preventing an inspector of election assisting a voter. 83 658 Michael Reynolds, being duly sworn, testified as follows : By Mr. Roche :/ Q. Where do you live? A. Sixth ward, city of Troy. Q. Were you an inspector of election in one of the districts last November? A. Yes, sir; first district. Q. There has been some testimony giyen here to the effect that a man who went in to vote came out from the booth and desired a paster ballot, and that he was furnished with one, and your name has been mentioned in connection with it ; state w hat that circumstance was ? A. A man went in the booth and cam e out and said he couldn't see in the booth to pick out his ballot and came *out and asked for a ballot and the board agreed to give him one. Q. Was there objection first made to his having a ballot? A, Yes, sir. Q. Did the board subsequently agree he might have a paster ballot ? A. Yes, sir. Q. That was the district Mr. Blake was in ? A. Yes, sir. Q. Was Blake intoxicated ? A. Seemed to be. Q. Do you know or have you heard of any person who was pre- vented from voting that day because of Blake getting into a row with Mr. McNab ? A. No, sir. Q. How Aong did that rumpus last ? A. About ten minutes. Q. Were there voters in the polling place while it was going on ? A. Yes, sir. Q. Did they vote ? A. Yes, sir. Q. Did others come in subsequently ? A. Yes, sir. Q. Was there a time before the polls closed, some little time, when no voter appeared, no citizen appeared to vote at all ? A. There was about three minutes. Q. That nobody made application to vote ? A. Nobody made appli- cation. Q. Was there any disagreement among the inspectors as to the can- vass of the vote ? A. No, sir. Mr. Wellington. — Nothing. John J. Kennedy, being duly sworn, testified as follows : By Mr. Roche : Q. Were you a Democratic inspector of election in the second dis- trict of the eighth ward last fall? A. Yes, sir. Q. There has been something said here about a brick having been thrown into the polling room while this canvass was going on; at 659 what stage of the canvass did that occur? A. I think it was just previous to the counting of the assembly. Q. Had you prior to that ascertained the number of votes cast for different officers ? A. Yes. Q. Did the board agree as to the number of votes ? A. Yes, sir. Q. You had passed the office of senator ? A. Yes, sir. Q. Was there any dispute among the inspectors as to the number of votes cast or to be counted ? A. No, sir. Q. Did there some persons after that thing occurred try to get in by the rear 7 A. There was. Q. How far did they get ? A. Not a.s far as the door; they didn't come in our room. , Q. It isn't true they came in the room where the inspectors were ? A. No. Q. Did the board insist they should be expelled from the rear room before you proceeded with the count ? A. Yes, sir. Q. When this stone was fired into the window, what did the inspectors do for the protection of the ballots ? A. I was counting mine; I put them like that, and some in my pocket; the rest up under my vest. Q. Did the other inspectors protect theirs ? A. Yes, sir. Q. When the excitement was over, did the inspectors produce the different piles of ballots ? A. Yes, sir. Q. Did you change any of those ballots ? A. No, sir. Q. Did you hear of any of the others changing them ? A. No; sir. Q. Was there any claim made by any person that the ballots you put aside to protect had been changed ? A. No, sir. Q. What is the fact whether the unvoted official ballots had been removed before you commenced to count ? A. Before we counted they were tied up in a paper and set aside. Q. Were any of those packages ope»ed afterwards ? A. No, sir. Q. How long did this excitement last ? A. Possibly twenty minutes or half an hour. Q. There has been some testimony given here about a man named Gorman, living on Haverman avenue; do you know him? A. Yes; Peter Gorman. Q. Do you know he lived at that place, 17 or 19 Haverman avenue, before the last election ? A. Yes, sir. Q. Do you live on Haverman avenue ? A. No, sir; about half a block from where he lives. Q. His parents live in the fourth ward ? A. Yes. Q. Was he living at home with them 1 A. No, sir. 6G0 Q. Was he living at that place for more than a month before elec- tion? A. Yes; three months. Q. Was there a barn there ? A. Yes, sir. Q. Was he sleeping at that barn ? A. Yes. Q. Did you hear he claimed this to be his place of residence? A. Yes; he came to me and told me. Gross-examination : By Mr. Wellington: Q. What is your business ? A. Law student. Q. What is your age ? A. Twenty-two years of age. Q. What ofSce are you studying in ? A. I haven't been in any office lately; I was formerly in Eobertson, Foster & Kelly's office. Thomas Stapleton, being duly sworn, testified as follows: By Mr. Roohe: Q. Were you a Democratic inspector of election in the third district of the ninth ward last November ? A. Yes, sir. Q. Mr. Coty was one of the inspector ? A. Yes, sir. Q. He has given some testimony here about being threatened by police officers and told to keep quiet several times, what was the occasion for that? A. I didn't hear any such thing. Q. What was his conduct during the day relative to voters, to inter- fering with them or arguing about the things ? A. He was excitable. Q. Was he making eflforts to stop voters from voting ? Mr. Wellington. — I object to it as leading. The Witness. — He insisted on putting people out and putting his hands on them, and shoved some out, or at least tried to; voters. Q. Was he quite active at that during the day? A. Very frequently. Mr. Wellington. — That is all. EoBEET Stapleton, being duly sworn, testified as follows : By Mr. Roohe: Q. Were you a member of the police force last fall ? A. Yes, sir. Q. Were you assigned to duty in the third district of the ninth ward 1 A. Yes, sir. Q. Did you give any orders to Mr. Coty, who was an inspector of election there, during the day ? A. No, sir. Q. What did you say to him about telling him to keep quiet; what was the occasion for it ? A. He appeared as though he wanted to carry things his own way there; there were times when voters were 661 trying to get in to vote, and he said they wasn't voters; they didn't live in the district, and I told him they did. Q. Do you remember of a particular case and who the person was ? A. I remember there was a man namedi Pendergast; this man Pen- dergast was after coming from work in Burden's mills; it was between 3 and 4 o'clock in the afternoon, and he walked in the polling place with his pail in his hand and wanted to vote, and Coty got hold of him and told him he couldn't, that he didn't belong in the district; he tried to put him out and I told him to stop, the man was a voter. Q. You knew him to be such ? A. Yes. Q. In that district ? A. Yes, sir. Q. You told Coty to keep quiet ? A. Yes, sir. Q. Did he go on with that kind of work during the day? A. He continued at times during the day. Q. Was Officer Eyan there with you ? A. Yes. Q. Did you or Officer Eyan give out any pasters or paster ballots in that polling place that day ? A. No, sir. Q. Or do any election work of any kind whatever ? A. No, sir. Q. Were there a number of persons sworn as to physical disability who took persons into the booths to assist them ? A. Not unless it was agreed to by the board. Q. Were there any persons who went into the booths without being sworn as to their disabilities and others follow them in ? A. No, sir. ; Q. In all cases, in which two persons went into the booths, one at least was sworn that he was physically disabled ? A. Yes, sir. Mr. EocHE. — That's all. Gross-examination : By Mr. Wellington: Q. How long were you present on election day at the polls ? A. I was detailed there from the time the polls were opened ap to about half-past 4 in the afternoon. Q., Was Officer Eyan there all day with you? A. Yes, sir. Q. You say Officer Eyan didn't give out any paster ballots; do you know that fact? A. I stood close by him all day; both stood together. Q. What was your business there at the polls? A. I was detailed there as an officer. Q. For what purpose ? A. I was detailed there to keep order. Q. You were not detailed to give instructions to inspectors? A. No, sir. 662 Q. You were not detailed to tell the inspectors who were voters and who were not ? A. No, sir. Q. How many did Mr. Coty attempt to stop from voting ? A. I knew of one man, Pendergast in particular. Q. Can you name any other ? A. No, sir. Q. Do you remember any other ? A. Yes, sir. Q. Do you know why he objected to Pendergast voting? A. I don't know; he said the man wasn't a voter. Q. Was it your place to interfere ? A, I didn't interfere in any way only simply told him the man was a voter, knowing he was a voter. Q. You told him to keep quiet ? A. I says, " this man is a voter, I have known him to be a voter; " he said he didn't care what I said, he wanted him put out. Q. He asked you to put him out ? A. Yes. Q. You didn't do it? A. No, sir. Q. Did the man vote ? A. Yes, sir. Q. Did he call on you at other times to make arrests ? A. Np. Q. Do you know how many men were assisted in the booths? A. No, sir. Q. Didn't keep any track of it ? A. No, sir. Q. Quite a crowd in there part of the time ? A. Voters. Q. There was quite a crowd? A. Yes, sir. Q. The room was filled ? ^A. Partly. Q. At times during the day it was filled? A. It wasn't a large room. Q. The room was filled at times ? " A. Not exactly filled; there was plenty of room. Q. During the time there were a great many in the room what were you doing ? A. I was standing there. Q. Where ? A. Outside of the railing. Q. You don't know what was going on inside of each of the booths? A. No, sir; but I could see. Q. You didn't see in every instance ? A. No, sir. By Mr. Roche: Q. You saw the voters in the physical act of swearing they were disabled? A. Yes; I saw that. By Mr. Wellington: Q. You did see some take the oath ? A. Yes, sir. By Mr. Roche: Q. Did you see any others going in with those who didn't take the oath? A, Yes, sir. 6G3 T. Keitb, recalled: By Mr. Roohe: Q. Have you examined the official list of nominations published by the county clerk of Rensselaer county last fall as filed in his office ? A. Tes, sir. Q. Representing all the parties ? A. Yes, sir. Q. Did you find the name of Donohue among any of the nominees of either party? A. No, sir; the nearest to it is McDonough. Q. He was a candidate for Supreme Court judge? A. Yes, sir. Charles Barbeb, recalled, testified as follows: By Mr. Roche: Q. t)o you desire to correct a portion of your testimony ? A. Yes, sir. Q. At page 442 of the minutes, speaking about St. Mary having voted, you testified as follows: "At night they found the poll exceeded the number by one, and they drew out a ballot, and it Was a Repub- lican ballot they drew out instead of a Democratic;" is that correct? A. No, sir; I want to correct that; that it was a Democratic ballot they drew out instead of a Republican. Q. What do you know about these Whitehall ballots that have been spoken of here; did you give your father or Mr. Chapin any White- hall official ballots to vote on the day of election ? A. No, sir. Q. I understand the poll-list shows Mr. Chapin voted; do you know Mr. Chapin? A. I do. Q. Is he now sick ? A. He is. Q. Have you seen him within a few days ? A. Yes, sir; I subpoenaed him yesterday. Q. He is unable to come here ? A. He is. Q. Did he in f act^vote last fall ? A. He tells me he did not. Mr. Wellington. — I object to it and move to strike it out as hearsay. Mr. Roche. — We will furnish this committee with the best informa- tion we can, both as to Mr. Chapin and Mr. Barber's father here. Mr. Barber's father is a man over 70 years of age, feeble and unable to stand this journey at this season, and Mr. Chapin is unable to come out. We can furnish the committee or counsel with his affidavit to the fact he didn't vote at all. The fact of the matter is, when he came in and his name was announced, the poll clerks put down his name when he got the ballots and he went in and spent some time in pre- paring his ballots, and then this dispute arose about the alleged Whitehall ballot, and the man went away without voting at all, while 664 his name was left on the poll-list, as it had been entered when he received his ballots. Q. Did you give your father or Mr. Chapin any such ballot ? A. No, sir; I did not. Q. What have yoil learned about there being so-called Whitehall ballots ? A. There were. ^ Q. How did they come up there ? A. They were used as sample ballots; lying on the table. Q. Have you heard anything as to where those ballots were printed ? A. They were printed at Whitehall. Q. In any newspaper ? A. Yes; hy the Whitehall Tirrws, and sent out as sample ballots, so thjit ignorant and illiterate voters could use those beforehand to learn them how to fold the official ballot. Q. You understand the paper printed an exact fac-simile of the official ballot ? A. Yes. Q. That was distributed in various places in the county in order that persons might practice in the folding of ballots ? A. Yes, sir. Q. Were there on those ballots, as you understood it, the names of the genuine nominated candidates, or were they fictitious names ? A. Fictitious names like Richard Boe and John Doe. Mr. Wellington. — No questions. Edwabd J. Welch, recalled, and testified as follows: By Mr. Whitman: Q. On page 271 you are asked the following question by Mr. Wellington: "You gave the impression that there was some wrong perpetrated by reason of the rooms being crowded with Eepublicans; do you know of any Democrat who went there who could not vote ? Ai Yes, sir; one Thomas Sullivan." Did you so answer? A. No, sir. Q. What was the name you gave ? A. Thomas CuUinan. Q. Was that the answer which you made? A. Yes, sir. Q. What? A. Thomas CuUinan. By Mr. Eoche: Q. Did you hear anything about these alleged Whitehall ballots ? A. Yes, sir; they were Faying — Mr. Wellington. — I object to what he heard. Q. What did you see ? A. I saw them lying on the table in the room where they were voting. Q. What district was that in ? A. First district of Easton. Q. That isn't the district in which the elder Mr. Barber voted ? A. No, sir. 665 Q. Were they used for the purpose of voting at all? A. No, sir; they were simply used to show voters how to fold their ballots. Cross-examination : By Mr. WEUiiNGTON : Q. Tou say this man's name was pronounced CuUinan? A. Yes; called Andy. Q. Do you know why he was driven away? A. No; the same as I testified before; that is ajl. Q. Did you hear ? A. They refused to register him. Q. He wasn't registered? A. No, sir. Q. Were you present when the board sat as a board of registry? A. No, sir. By Mr. Roche: Q. Did the board admit he had come there to be registered before? A. Only that the board told me he had. Q. And they neglected to register him ? A. Yes. Q. And did the man make that claim ? A. Yes, sir. Q. Did he vote the year before, did you understand ? Mr. Wellington. — I object to it as incompetent. Q. Do you know he did ? A. Yes, sir. By Mr. Wellington: Q. Did you see him vote the year before ? A. No; I see the poll- list. ' Q. You didn't see hiid vote ? A. No. By Mr. Whitman: ^ Q.' Was his name on the poU-l^st? A. Yes; his name was on the poll-list. Charles Allen, recalled, testified as follows: By Mr. Eoohb: Q. You are the town clerk of Easton ? A. Yes, sir. Q. What district were you in ? A. First district. Q. Did you see something of those so-called Whitehall ballots? A. I did. Q. What were they used for ? A. To show voters how to fold their ballots; they laid on the table inside the polling place. Q. What was that district — a Eepublican district ? A. Yes, sir. 84 666 Q. "Was the majority of the inspectors Eepublicans ? A. Yes, sir. Q. Were they being used during the day for that purpose? A. Yes. Q. Were they f ac-similes of the official, ballot ? A. They were the same size and color as an official ballot. Q. With an indorsement and perforated line and stub ? A. Yes. Q. And names on ? A. Yes, sir. Q. Were the names genuine — nominated persons, or odd names ? A. Odd names. Mr. Whitman. — We have several more here from Washington county to testify to immaterial matters, but the hour is so late I think we will not take the time and let the case stand as it is. Senator Endbeb. — You rest so far as your case is concerned ? Mr. Wellington. — Yes. Senator Endkes. — In regard to this witness, SchifE, Mr. Wellington, do you want him ? Mr. Arnold. — I saw Mr. SchifE on the train coming from Troy to Albany on last Monday, and he told me at that time that he had been subpoenaed, and that he should not come down here and perjure himself; that he had been working for Mr. Collins and handled money that day. Mr. EocHE. — We object to any statement of that kind going on the record. Mr. Arnold. — It is the same statement the counsel for the con- testant had go on the record a short time ago, in regard to the two Easton witnesses. Mr. Roche. — You asked it. It was at your request. Mr. Arnold. — No, sir; we didn't about Mr. Barber and the other gentleman who you said was sick, Chapin. Mr. RooHE. — I didn't ask to have that go on the record. Senator Endres. — Do you want this man SchifE down here for Monday ? Mr. Wellington. — Depends very much upon what the committee is going to decide as to when this case is to be summed up or briefs filed. Senator Endbeb. — There will be no advantage taken of any of you gentlemen on either side. There is a lot of testimony here and it is going to require some time. Any man that knows anything about preparing a brief will readily understand it will require some time and considerable work to get out a brief. The sooner it is submitted to the committee the better it will satisfy the committee. 667 Mr. Wellington. — If I had any assurance Mr. SchifE would be here next Mon,day, I would say by all means we want him. Senator Endees. — I will sign a siibpoena and let you subpoena him. Mr. Wellington. — It won't do any good, because he won't q,ppear in answer to the subpoena. Mr. KooHE. — Is there any time fixed within which this case must be submitted ? Senator Endees. — Monday is the day. Mr. Whitman. — After that latitude is to be given for the filing of briefs ? Mr. Wellington. — You don't mean to say the briefs are to be filed next Monday ? Senator Endees. — The chairman states in his letter to me by Thursday. Mr. Wellington. — I don't think anything will be accomplished by simply subpoenaing this man for next Monday. Senator Endees. — If you want him here I shall sign a subpeona to have him subpoenaed for Monday, and Mr. Eoesch will be here and a majority of the committee will be here, and we will then know what disposition we will make of Mr. SchifE. Mr. Roche. — We will get our brief ready by Thursday. Counsel needn't exchange with us if he doesn't want to. ' Mr. Wellington. — I should like to have a subpoena issued for Mr. SchifE for Monday, and we will close the testimony. I can commence on my brief as far as the testimony has been handed to me. I think it will be only a waste of time and nonsense to attempt to get Schiff here. He will not come on a subpoena, and if the case must be closed next week, there will be no time to get him here even if the senate should commit him for contempt. I don't think I will attempt that. All that I could ask would be that the committee should report him as it is. Senator Endees. — I will submit the matter to the chairman .to- morrow. Mr. Wellington. — If the chair will do that. Senator Endees. — I will report it to the chairman to-morrow. Mr. Wellington. — If he may be arrested and brought here Mon- day, we want to examine him. If he may not be, then there is no object in having a subpoena. Senator Endees. — It will be very doubtful as to having the senate order his arrest, because there are a large number of the senators) and brother Derby is well aware of that fact. There were a large 668 number of members excused. I have doubts if we will have a quorum to-morrow. Mr. Wellington. — Then there is no object in having a subpoena issued for him. Senator Endbes. — Then shall we consider the case closed ? Mr. Wellington. — Yes. I ask to be permitted on behalf of the sitting member to argue this case orally before the committee. Senator Endbes. — ¥ou know what the position of the chairman is on that subject. Mr. Wellington. — In a case of this importance it is only just. Senator Endbes.— When do you want to argue it ? Mr. Wellington. — The earliest day it is possible for the committee. Senator Endebs. — Could you argue the matter Monday ? Mr. Wellington. — I could not; I shall be engaged all day to-morrow. Senator Endbes. — On the opening, before you opened your case, you made quite an extensive argument, and you covered a great deal of ground, you must admit, and there was some objection, I believe, very emphatic objections, raised by Mr. Whitman and Jud^e Griffith. It was quite a lengthy argument, and the committee allowed you to proceed. The object of this committee is to dispose of this matter, if we can dispose of it, as soon as possible, and if we ate going to postpone the matter for the purpose of giving you a chance to have an argu- ment that will get us so tangled up we won't know where we will stand. Mr. Wellington. — It is for the purpose of aiding the committee. The day the briefs are handed in the case may be argued orally. Senator Endbes. — I can't for the life of me see how the committee, if you want to argue it, could give you any time next week. We have the Eiohardson case down for Tuesday, and may take it Wednesday and Thursday evening, and we may have an evening session, and if we do that will have to cut ofE one evening. We will probably be another week in closing the Richardson case, and we do want to get through with this case. Mr. Welungton. — It is not asking an unusual delay for a week from Monday. Senator Endbes. — I don't think, under the circumstances, I would on my own responsibility make any such ruling. Mr. Wellington. — Isn't it unheard of that a contest of this charac- ^ter, of this importance, should be closed, and the sitting member not be permitted, through his counsel, to sum up the case before the committee ? 669 Mr. EooHE. — Can the gentleman say any more on the floor than he could on paper ? Senator Endbes. — I was a member of the committee on privileges and election of the other house last year. The committee there decided it wasn't necessary to have an oral argument, but briefs should be submitted, and they were both good briefs. Mr. Wellington. — Was there a request for an oral argument? Senator Endkes. — There was. The committee decided it would take up too much time. I will submit the matter to Mr. Eoesch, and, if he is satisfied, you shall be notified in time. Mr. WELLnjaTON. — I know the time is approaching when it is thought the senate may adjourn. For that, we are not responsible. The time taken up by the contestant covered the space of thirty-nine days. Mr. Roche. — We didn't take that time. The committee adjourned as much as ten days or two weeks at a time; it wasn't for our convenience. Mr. Wellington. — I know there were days you were here you were scarce of witnesses. Mr. KocHE. — Yes; when Mr. Tracy came down and stole away fifteen of them. Mr. Wellington.! — The space occupied by us was eighteen days. They closed their case the fifteenth of February. Senator Endees. — We had the Donaldson case, which was a tire- some, tedious case because it was a documentary case and then we had the Richardson case. Mr. Wellington. — Upon what day must the briefs be handed in or the oral arguments presented ? Senator Endees. — Briefs Thursday. Mr. Wellington. — I can not present a brief and shall not prepare one because I am not physically able to do it. Mr. Whitman. — You have two associates. Mr. Wellington. — There is a great deal of the testimony I have digested and they know nothing about it. I shall be engaged all day to-morrow at Hudson, I shall be engaged at least two days next week out of the city of Troy, at Rochester with an engagement I made over a month ago and which must be kept. It isn't physically possible for me to prepare the brief and hand in on Thursday and I shall not attempt it. Senator Endbes.— I will have a talk with him to-morrow. Mr. Roche. — I have a brief submitted by Mr. Wellington on the motion to dismiss the case, I think thirty or forty pages, the figures 670 all tabulated and as well prepared as it possibly could be if he had three months. Mr. Wellington. — If I am to be concluded by the enemy's idea of what my brief is. to be, that settles it; I have nothing to say. I can simply say — Senator Endebs. — (Interrupting.) I will have a talk with the chair- man to-morrow and Mr. Derby can be present and can notify you. William E. Young, being duly sworn, testified as follows: Q. You were subpoenaed to appear here this evening ? A. Yes. Q. Where do you live ? A. Sandy Hill. Q. How many miles ? A. Sixty miles. John Toole, being duly sworn, testified as follows : Q. Were you subpoenaed to appear here this evening ? A. Yes. Q. Where do you live ? A. Sandy Hill. Q. How many miles ? A. Sixty miles. Eli F. Carpenter, being duly sworn, testified as follows : Q. You were subpoenaed to appear here this evening ? A. Yes. Q. Where do you live ? A. Sandy Hill. Q. How many miles ? A. Sixty miles. Edwakd Mullen, being duly sworn, testified as follows: Q. You were subpoenaed to appear here this evening ? A. Yes. Q. Where do you live ? A. Whitehall. i Q. How many miles ? A. Eighty-two. James M. Whitman, Jr., being duly sworn, testified as follows : Q. Where do you live ? A. Sandy Hill. Q. How many miles ? A. Sixty. Patrick Cullity, being duly sworn, testified as follows : Q. Where do you live ? A. Whitehall. Q. How many miles ? A. Eighty-two. Testimony closed. Briefs to be filed hereafter. The committee subsequently announced briefs were to be submitted by Monday, March 28, 1892. 671 Monday, March 28, 1892. The following briefs were filed with the committee : Brief foe Sitting Member, The stenographer's minutes in this case cover 1273 pages. I shall not attempt to discuss as fully as I would in an oral argument (which has not been permitted) the facts of this extraordinary contest. To do it would be to make the brief too long to be read. My reference to facts proved, of necessity, must be made to the pages of the stenographer's minutes as the testimony has not yet been printed. So if this brief should be read by any of the Senators other than members of the committee they will be obliged to refer to the stenographer.'s minutes in order to verify my statements of fact. The vital question in this case is one that I am not permitted to discuss. It would be considered presumptuous in me to state my views about it or to urge any facts that might well be considered in determining it, I can do no more than state it. The vital question is ndt a question of fact or of law but purely one of politics, and not politics in its broadest sense, but in its narrower meaning, which is conveyed sometimes in the expression " practical politics." The question is whether the contestant, Michael F. Collins, who was not elected to the oflSce of Senator from the sixteenth senatorial district of this State, shall be awarded the seat held by the sitting member, John H. Derby, by the exercise in an arbitrary, illegal and unjust manner, of the power alleged to have been conferred upon the Senate by the Constitution of the State, to judge 672 " of the elections, returns, and qualifications of its own members." The question presented may be stated differently: It is whether Michael F. Collins shall be uncon- stitutionally declared to be a Senator from the six- teenth senatorial district, and the people's repre- sentative from that district shall be ousted by the use of purely arbitrary power not conferred by the Constitution and never intended by the people of this State to be exercised. The Constitution provides as follows : "A majority of each house shall constitute a quorum to do business. Each house shall determine the rules of its own proceedings and be the judge of the elections, returns and qualifications of its own members; shall choose its own oflBcers; and the Senate shall choose a temporary president when the Lieutenant Governor shall not attend as president, or shall act as Governor." Sec. 10, Art. 3, State Constitution. By this section it was intended that legislative contests should be decided by the Legislature, and not by the courts. The judgment, however, which the Senate is empowered to render must be one based upon facts that might rationally be said to warrant the judgment. The Senate has not the power, under the Constitution, to oust a duly- elected member arbitrarily without any substantial basis of fact, law or reason. Any clause in the Constitution must first be in- terpreted by the Constitution. The first section of the first article of the Constitution provides that no member of this State shall be disfranchised unless by the law of the land or the judgment of his peers. To unseat arbitrarily a Senator duly elected is to 673 disfranchise the majority of the voters who partici- pated in the election at which he was a candidate ; it is to disfranchise them contrary to law and with- out any judgment of any kind pronounced against them. To unseat a lawfully-elected Senator who is qualified for the oflSce is to act in defiance of law and the Constitution ; it is to exercise a power that the people never intended to confer upon the Sen- ate; it is to make the Senate the elective body of our commonwealth, and thus it is.to change at once, without the consent or approval of the people, the form of our government : it is to institute a revolu- tion for the benefit of one individual, and to secure to a few a possible, temporary, partisan advantage. I have said that the political aspects of the ques- tion may not be discussed by me. I may be per- mitted to say that they do not need to be discussed. A bare statement of the case is sufficient to condemn the action asked of this Senate by the contestant, upon every ground, legal, equitable, moral and political. Let me call the committee's attention to the lead- ing facts of the case. Mr. Derby's plurality in the senatorial district was 661. How to overcome it, is the question. The contestant proved by direct testimony that four men were bribed by Republicans at the elec- tion held in November, 1891. Four men; that is all (pp. 130, 227, 220, 291) ; one of them in the sev- enth district of Lansingburgh, in which district the vote was Collins 124 and Derby 230 ; three men in ,the second district of Whitehall, in which the vote was Collins 154, Derby 112; 85 674 The sitting member has proved by direct proof that seven men were bribed by Democrats (pp. 667, 675, 907, 1119,, 1140, 1160, 1178). The contestant had opportunity to meet in rebuttal the proof as to six of these instances. He did attempt to meet it as to one instance only. Two of these instances were , in "Whitehall. One of them was in the third district of the sixth ward of Troy; one of them in the fourth district of Fort Edward ; one of them in Hartford; one in district No. 1 of Granville, and one at Fort Edward. The alleged briber at Hartford took the stand and denied that he bribed the voter, but on cross-exam- ination the witness, by name William Tollman, was asked this question : Q. Have you not before last November bought votes ? The question was objected to as immaterial and the objection was sustained. The contestant gave hearsay testimony of two sporadic cases of bribery. The sitting member like- wise gave hearsay testimony of two instances. As to the testimony from which bribery might be inferred, in behalf of the contestant one Elmer E. Barnes swore that nine Eepublican ballots in the eighth district of Hoosick Falls, in which Mr. Derby's plurality was thirty-eight, contained different names written upon them for the office justice of sessions ; that he was present at the canvass and observed them. These names were fictitious. Mr. Barnes was subsequently impeached in a dif- ferent connection, and with respect to these instances the sitting member swore three witnesses to the effect that no such ballots were seen or discovered that night, and that they never heard of any such 675 claim until after Barnes' testimony. The election board consisted of two Democrats and one Repub- lican, and no one present at the canvass claimed that any such ballots were discovered (pp. 1052-1056). The Democratic inspectors were not sworn. The contestant swore one witness by the name of Cunningham to the effect that he was a w;atcher at Hoosick Falls, fourth district, in which Mr, Derby had a plurality of forty-two, and that he saw nine ballots with fictitious names written on in the place of justice of sessions. ^ The sitting member swore the Republican inspector of that district and he testified that no such ballots were discovered, and that no claim was made by the other two inspectors, who were Demo- crats, that there were any such ballots. It is more than strange with two Democratic mem- bers of the board available to the contestant as wit- nesses that had the fact been as Cunningham testified, they should not have been subpoenaed. As to the first district of Hoosick Falls, in which Mr. Collins received a plurality of ten votes, the con- testant swore a witness by the name of Campbell, who testified that there were nine, eleven or thirteen ballots Containing odd names written on them for justice of sessions. Mr. Campbell was not , an inspector, but claimed to have been present at the canvass. The sitting member swore Mr. Michael J. Barley, who was a Democratic inspector of election for that district. He swore that the other inspectors were Jeremiah Shea, a Democrat, and E. W. Stillman, a Republican. The board consisted of two Democrats and one Republican. 676 Mr. Earley testified (p. 1042) that no such marked ballots were found or seen on the night of the can- vass, and that no one claimed that there were any such ballots on the night of the canvass, and that he never heard of such a claim until he read the testi- mony of Mr. Campbell in a paper. The sitting member also swore Mr. E. W. Stillman (p. 995), the Republican inspector, who swore that there were no such ballots found. Mr. Stillman is a gentleman of excellent standing, as is also Mr. Earley, and he was not cross-examined on the subject. We also swore Mr. D. Horatio Snyder (p. 1047), who in answer to the question " What are your politics," replied, " I am a Democrat." He was poll clerk and acted as such in that district, and was present at the canvass and kept a record of the number of votes received by each candidate. As the names were read off he kept tally. There were no ficti. tious names read off that night, and no claim was made by anyone present that there were any ballots containing fictitious names. As to the fifth district of Hoosick, in which Mr. Collins received 174 votes and Mr. Derby 137, one witness swore that seven Republican ballots marked with fictitious names were found at the canvass. One witness for the sitting member was called upon the subject, but his answers were not entirely satis- factory, and I shall not claim that this fact was not established. In the first district of Greenwich one witness testi- fied that there were two ballots marked with circles opposite the names for justice of sessions. In this district Mr. Derby's plurality was thirty-four. One witness from Granville was called by the contestant, who, when asked whether he had used 677 Republican money to pay voters, refused to answer and claimed Ms privilege. Consequently the fact was not establisjied by that witness. It manifestly would be unfair to the sitting mem- ber to use this action on the part of a witness who is not represented by counsel, and is not a party to this action as establishing the fact of bribery, for it left the sitting member no opportunity whatever to litoit the testimony of the witness, in the matter of the number of votes bought, or to cross-examine him on the subject to ascertain his truthfulness. White his act of claiming his privilege reflects upon him as an individual, it does not prove the fact sought to be established by him. This district, which I understand to be the second district, gave Mr. Derby 153 and Mr. Collins eighty-two. There is no other testimony in the case on the, part of the contestant from which an inference of bribery could be drawn. On the part of the sitting member, bribery by Democrats may be inferred from these facts in the following districts : Mr. Charles E. Cunningham (p. 66), a witness for the contestant, on cross-examination swore that at least three men (giving their names) handled money on the Democratic side. This was in the fourth district of the town of Hoosick. Not one of these three men was called by the contestant, and the fact stands proved that these men were handling money on the Democratic side, and it is a fair and just inference that they used it on election day to buy votes. The next fact was testified to by Elmer E. Barnes, a Democrat and witness for the contestant. On cross-examination (p. 42 et seq.) he was asked who had the money on the Democratic side at the Novem- 6T8 ber election, and he answered that he did not know of any money that was had. Afterwards he said he went to Troy and got a little money to pay legiti- mate expenses. Subsequently he said he got six, seven or eight hundred dollars, and that it was sent around. When asked where he got the money, it was objected to and excluded. He swore he was given a bundle and was told there was something in it, but he did not know there was any more in it than in any bundle that might lie here on the floor. It was used for " legitimate expenses." There were three or fouf or five hundred dollars used in run- ning the campaign. When asked where he got this large sum of money to be used for "legitimate expenses," he said he did not know that he was compelled to answer that question, and upon a timely objection being made by contestant's counsel it was excluded. He swore that he gave the money to sombody else, who divided it among the work- ers. That somebody was Frank Riley. He was a Democratic supervisor. He was not called to explain what he did with this large sum, and it is a fair inference that a portion of it at least was used to buy votes. The sitting member swore a Democrat by the name of David Eobertson (p. 712), who lives at White Creek, first district, who when asked whether he did not on election day or the day following pay men who had voted answered that he did not remember of it. When asked whether he had not that very afternoon on his way to Albany to testify had a conversation with a gentleman by the name of Charles Barber, a Democrat, who had gone up the road to meet him, in which he had told Barber that he had paid money for electioneering purposes, 679 answered, not that he remembered of. Mr. Robert- son was a Democrat. It may be inferred from this that he made use of money corruptly. Had he not so used it his answers would have been different. Again the sitting member proved that at White- hall, in district number five, doubtful voters were accompanied up a side street before voting by Demo- cratic workers in that district, who were named and after this these doubtful voters came and d.eposited their ballots. None of these Democratic workers were called in rebuttal. Again the sitting member proved that in the Twelfth ward, first district, one John Sheary, a Democrat, seemed to be handling Democratic money (p. 783). The basis of this testimony was that the witness had a good many men come to him during the day who wanted money and he did not give them any. The witness saw thenl go to John Sheary, and Sheary took them into a wood shed that was adjoining the polling place, and then they came out and voted. In this district Mr. Collins received 225 votes and Mr. Derby thirty -nine. If Mr. Derby's plurality in one district is to be thrown out because one bribed vote is proved, what is to be done with this district in which Mr. Collins received a plurality of 186 votes, in which it is proved that there was general bribery by a Democrat ? The sitting member also proved that in district number one in Grranville at least one man was bribed by Mr. Shift (11,60), a Democrat. This has already been alluded to. Shift was at the polling place all day. He was actually seen attempting to bribe one man. He evidently was at work at that during the day. This inference is additionally warranted when 680 the fact is considered that Mr. Shift was subpoenaed to be present as a witness, and was actually in attendance before the committee for a few moments, but before his name was called he went into the sergeant-at-arms' room and failed to appear again that day. Later in the day he was seen at Keeler's restaurant with Mr. Charles Barber, a Democrat and a witness for Mr. Collins., Shift was again sub- poenaed for the next session, but did not appear. If bribery may be inferred from the fact that Roberts, the Republican witness, refused to answer questions respecting his use of money, is not an inference against Shift quite as legitimate ? In this district Mr. Derby received eighty-two votes and Mr. Collins ninety-six. Mr. Barber (the same Barber), a witness for the contestant, testified that he had anywhere from sixty dollars to $100 on election day at Green- wich. He swore once that he spent out of his own pocket about $100 (p. 453), and that it was his own money.' Then he swore that he had over $100 with the expense account that he had (p. 454). Then he Swore that he had $160, some of which ho had spent before election day traveling around, and that this money was his own, that he had never been reimbursed. This man was at work for the State in the State Engineer's oflBce at $100 a month. It was he that procxired the Green family to vote, one member of which in the presence of two wit- ness (pp. 655-648) stated that he had been promised two dollars for his vote. Barber said: " I didn't buy the family; we went up night before last and saw the old lady, and the old lady fixed that all right. We haven't paid those men anything " (p. / 681 880). Better circumstantial evidence of bribery- could not have been offered. There is testimony in the case showing trivial irregularities; for example, the second district of Easton, in which the vote was, Derby 180 and Col- lins 106. The polls opened about forty minutes late, that is, about twenty minutes to 10. The Statute respecting the opening of the polls is as follows : " The poll in the several cities shUl be opened at sunrise and in the several towns at any time between sunrise and 9 o'clock in the morning. It shall be kept open until the setting of the sun, and no adjournment or intermission shall take place until the same be closed." Chap. 13, Laws of 1842, Title 4, Sec. 6. The contestant proved by two fitnesses that two men drove away in the morning who were known by witness, and on cross-examiHation it was proven by the same witnesses that these two men came back in the afternoon and voted. The polls opened late because the ballot-box was not there. The Republican town clerk failed to get boxes at the polling place at 9 o'clock. The idea that this delay was intentionally caused by a Republican in this largely Republican district is ridiculous, and the claim that anyone was prevented from voting because of the delay of forty minutes in opening the polls is without any evidence to warrant it. Another poll in Rensselaer county (Brunswick district four) in a heavily Republican district opened ten or fifteen minutes late. To ask the Senate to reject these polls for such irregularity is to ask 86 682 them to disfranchise the voters in these districts arbitrarily. The vote was Collins thirty-four, Derby 152. It is also proved that in three places the elections were held in buildings in which liquor had been sold before the election, but it was not shown that the election was held in any room in which any liquor had been sold, or in any room adjoining; and hence the rooms designated were proper places for the election. The law in this respect is diflPerent from what it formerly was. (See § 3, chap. 321, of the Laws of 1890.) My opponents would have the committee find that a room at the end of a hall, a dining-room in a hotel which was used as the polling place, is an " adjoin- ing " room to a room that has a door opening on to the hallway, although the two rooms do not touch at any point, and have no common partition be- tween them, and are several feet apart. The idea, however, of rejecting a poll for such a reason, even though the room adjoins a room in which liquor has been sold, the statute being directory only, is pre- posterous. The contestant showed that there was electioneer- ing done by Kepublicans to a comparatively slight extent within 150 feet of the polls in certain dis- tricts in Washington county. The testimony is more than met by the evidence of the sitting mem- ber, which is to the effect that there was election- eering done by Democrats within 150 feet of the polls in the following districts : Tvsrelfth ward, first district, Collins' 225, Derby 39 (p. 782). Twelfth ward, fourth district. Collins 296, Derby 32 (p. 787). 683 Twelfth ward, third, district, Collins 207, Derby 28 (p. 795). Ninth ward, third district, Collins 266, Derby 48 (p. 928). First ward, second district, Collins 213, Derby 104 (p. U67). In this district a man named McKenna, a Demo- crat, was electioneering for Mr. Collins person- ally right at the door of the polling place (p. 1017). Eighth ward, second district, Collins 232, Derby 21 (p. 1074).' First ward, first district, Collins 168, Derby 139 (p. 1096). Eleventh ward, fourth district, Collins 192, Derby 46 (p. 1137). - . Eighth ward, third district, Collins 156, Derby 37 (p. 1148). If the contestant desires to have the rule estab- lished that the vote must be disregarded in those districts in which it is proved that electioneering was done within 150 feet of the polls, then let the rule be applied, and Mr. Derby's plurality instead of being over 600 will be over 1,200. The proof on the part of the sitting member was not met in any way by any contradiction of any sort respecting this violation of the statute. The proof is that electioneering was going on'throughout , the day in these districts. The entire proof on the part of the contestant on this siibject was that eight paster ballots were given out during the day. Four paster ballots in Green- wich, first district ; Greenwich, third district, one paster ballot; Easton, first district, two paster ballots ; Granville, ;|first district, one paster ballot. 684 There was proof that in Greenwich, in the first district, Republicans accompanied from thirteen to fifteen disabled voters into the booths, and the instances are given in particular in the testimony. It is unnecessary to refer to them more particularly. This is alleged to be in violation of the spirit of the ballot reform act, although in each instance the dis- abled voters were sworn as to their disability. But what have my opponents to say respecting the instances shown on behalf of the sitting mem- ber ? In the twelfth ward, third district, one of the Democratic inspectors assisted alleged disabled voters during the morning. In the fourth district of the eleventh ward voters who had not sworn to any physical disability were followed into the booths by Democrats ; and this fact was not con- tradicted. Collins 192, Derby 46. In the third district of the ninth ward, voters who were not sworn as to any physical disability were followed into the booths by Democrats, and this fact was not contradicted. In the first district of the first ward, voters who were not sworn as to any physical disability were followed into the booths by Democrats. In this district one of the Republican inspectors called upon the policeman present to stop the outrage, and the officer turned on his heel and walked away. The fact was not controverted. In the fourth district of the eighth ward men who w^re not sworu as to any physical disability were fol- lowed into the booths by Democrats. In the third district of the ninth ward, in which Collins received 266, Derby 48, over eighty voters claimed to be physically disabled and were accom- panied into the booths by Democrats (p. 933), with 685 the exception of three or fOur who were accompanied by Republicans, and this fact was not disputed. In the third district of the twelfth ward (Oollios» 207; Derby, 28), from twenty to thirty swore that they were physically disabled. They were men from 22 to 40 years of age. Four or five of them were actually physically disabled. Democratic workers went into the booths with these men. The names of the Democrats were given by the witness, and the facts was not disputed, One young man from the first district of Easton was brought from Easton to show th^t some Eepub- lican pasters were given out during the day, and that one Democratic voter was driven away from the polls, which, in his eyes, was an awful outrage. It turned out that the man who was driven away was not registered, i But what have my opponents to say of the instance proved by the sitting member that occurred in the second district of the first ward, in which the vote was: Collins, 213; Derby, 104? A colored man named Anthony, who was registered, came to vote and claimed the right to vote, and before he was permitted to to take the prescribed oaths, he was taken by a Democratic office-holder and a Demo- cratic policeman by the neck and told that if he did not get out of there they would break his heads and he wlas driven out. The method employed by the Democratic protec- tors of the purity of our elections in that district was not the method prescribed by law to decide a challenge. The voter had the legal right to have the statutory oaths administered to him, and if he took the oaths the inspectors were obliged to accept his ballot. 686 The contestant, to prove intimidation in White- hall, swore some men who were hired by Republi- cans (and who claimed to act as deputy sheriffs) to prevent electioneering within 150 feet of the polls. They swore that not a man was prevented from voting. And this enforcement of the law is called intimidation! That is a dangerous admission for a Democratic politician to make. The contestant proved in one district in Bruns- wick the presence in the room during the day of a box containing some Republican pasters. Not one of them was given out during the day in the polling place, but the box was there, and this important and awful circumstance was shown by the contestant. What have my opponents to say to the facts shown by the sitting member, that in the second district of the first ward the Democratic chairman of the ward opened ballots frequently that were handed in by voters in spite of protests? He was not sworn as a witness for the contestant. What have my opponents to say of the Demo- cratic policeman of the third district of the ninth ward who took one of the Republican inspectors by the collar and held a billy over his head because the Republican inspector alleged that a voter who came to the polls was not a legal voter? This officer was sworn and the only justification of his course was that he knew that the voter was a legal one. My opponents have referred to some law in this case ; will they kindly refer to the provision of any act pertaining to the police force of the city of Troy that makes policemen judges of the qualifica- tions of voters and empower them to enforce their decisions with a billy? What have they to say to the occurrence in the second district of the eighth ward? (Collins 232, 687 Derby 21.) While the inspectors were counting ballots in the evening a paving stone was hurled through the window, and the inspectors grabbed the ballots they were counting and put them into their pockets and up under their vests, and did not pro- ceed with the count until the crowd outside had been dispersed. An occurrence which under many authorities would be sufficient to throw out the poll. The contestant swore Mr. Elmer E. Barnes. He testified in part on his direct examination that he had made a list of twenty-three Democrats in the eighth district of Hoosick who had approached him for money on election day and were subse- quently approached by Eepublicans and kept away from the polls. Mr. Barnes had conveniently lost the list and could not give any of the names ; but he swore that he made four lists that day of the twenty-three voters, and that four Democratic workers each had one of the lists ; that William E. Cahill was one of the four. (pp. 546 and 547). Mr. Cahill was sworn by us and produced a paper that he said Mr. Barnes give him between 4 and 5 o'clock on election day. That paper was shown to Barnes and he said he recognized the paper, and the names on that paper were names that he had written off on election day. The list contained twenty-one names. He then denied that he had ever sworn that Mr. Cahill had had the list, and swore that he did not say as he knew of, that he had ever stated that these men on this list had been approached and had been kept away. He swore that some of these twenty-three worked in the Walter A. Wood Co.'s works and were afraid to vote lest they be dis- charged. He finally gave the names of some of the twenty-three. 688 There were two of the family of Kirby. There was one by the name of Shaughnessy ; John Kelly. He thought there were two Shaughnessy s ; Mark Brennand. When asked how the Shaughnessys could be identified, he swore there were seven or eight of them in the eighth district. He was then presented a Democratic canvass book that was sup- posed to contain the names of Democratic voters, and that book contained the name of only one Shaughnessy. He then swore that he was supposed to make a personal canvass of the district, but instead of that he had copied the poll list, and that he had not an opportunity to see the people whose names were not on the tickler. He then gave the name of Patrick Harrison, He gave the name of one O'Melia and one by the name of Hooley, who he said, however, did not come to him for money; and then the name of William Cronin. He was then asked whether there were any others on the paper that were approached and kept away from the polls, and he said not that he knew of. Daniel Shaughnessy (p. 954) was sworn, and testi- fied that he was the only Shaughnessy that lived in that district, and that there were only two Shaugh- nessys that lived in Hoosick Falls. That he did not approach Barnes and was not approached by Republicans. We swore Mark Biennand (p. 957) who denied that he approached Barnes. He swore that he was not at the polls at all on election day ; that he had a chance to do some work on a building that day that prevented his voting^ We swore Patrick Harrison (p. 952) who denied the testimony of Barnes and swore that he did not 689 vote because he had moved out of the eighth dis- trict October fifteenth, previous to electi&n, and that was the reason he did not vote. We swore three Wilham Cronins (p. 968), the only ones living in the eighth district, and they each denied that they had approached Barnes or in turn had been approached by Kepublicans. One of the Cronihs, Mr. William J. C!)ronin, voted. He is a Democrat. Mr. William Cronin, jr., voted. The other William Cronin, the father of the last named, swore that he voted and swore that he did not approach Mr. Barnes on election day. We then swore John Kelly (p. 962) who testified that there was no other John Kelly in his district that he knew of, and that he had lived there all his life. He swore that he knew Barnes, but that he had never spoken to Barnes in his life. We then swore (pp. 963, 968, 1036) John Kirby, David Kirby and William Kirby (the only three Kirby's who were voters living in the eighth dis- trict) and each denied that they approached Barnes or had anything to say to him on election day. As to illegal voting, the contestant showed that two men in the second district of Kingsbury, who were possibly not residents of that district, but who were well-known residents in the town, voted. One man who was not a resident of the third district of Lansingburgh, who lived in^the fourth district, voted by mistake in the third district. In the second district of Easton one young man who was possibly not of age voted, and in the first district of Whitehall one man who had temporarily moved out of New York State in the State of Ver- ' mont, who came back and claimed his residence in New York, had voted. He was possibly not a legal , 87 690 voter. There were thus possibly five debatable votes showjQ by the contestant. In each ca,se the votes cast were cast by well-known and reputable citizens. If this testimony is to be regarded, what is to be done with the testimony of the sitting member, which has not been disputed in any particular ? In the first district of the first ward three fraudu- lent voters, known as repeaters, voted. It was known that they were repeaters, because the genu- ine voters, upon whose names the repeaters voted, came to the polls after the repeaters had left and found their names had been voted on and were obliged to swear in their votes; so that six votes were cast upon three names. In the fourth district of the twelfth ward one repeater voted. The contestant proved that one James H. Thomp- son, a Republican, at Greenwich, threatened a man by the name of Green with arrest if he should vote. This single instance will probably be made the basis of a charge of attempted intimidation on the part of Republicans to prevent Democrats from voting. As the proof, however, shows (p. 655) Green was threatened because he had admitted to Mr, Thomp- son that he had been bribed to vote. It was because of this that the threat was made. But what have my opponents to say respecting the case of a Democratic policeman, Blake byname, who the contestant has .attempted to prove, and perhaps has proved, was intoxicated, who terror- ized the voters for fifteen or twenty minutes, to say the least, in the first district of the sixth ward, who drove Duncan McNab, Jr., a Republican in- spector, from the polling room after he had struck him with his club, and the cause of the offense was 691 that McNab would not permit Blake to go into a booth to assist a voter who had not sworn to physi- cal disability ? One of the defendant's witnesses, to whom I have alluded before, by the name of Charles H. Barber, (who met the Democrat, David Robertson, from White Creek, on the train, who after the meeting could not remember whether he had told Barber that he had bought votes with Democratic money), gave some extraordinary testimony that is liable to misrepresentation, and I regret that space will not permit me to set forth his entire examination (p, 436 et seq.). Barber is the man who had the uncertain amount of money on election day that was his own and that he spent for electioneering purposes (all legitimate of course), and that had not been made good to him. He started out in his testimtjny to insinuate that employes of various corporations in Greenwich were afraid to register and afraid to vote, and I hope that my statement will be carefully inquired into by reference to the testimony, when I say that he did not name a single corporation whose employes were either afraid to register or who desisted from registering; but, on the contrary, after making the insinuation, he went on to testify that the employes of each of these corporations did. register, and his complaint then was that the employes of one corporation were altogether too anxious to register. His whole testimony really amounted to this: That Democrats had told him that they thought it wisest not to register, as they were working for Republicans. When presse'd for the names, he finally gave the name of Daniel Chapin, who worked 692 for the witness's father, and the witness's father is a Democrat. Then, to get out of his dilemma, he said the boy wanted a situation in the mill in the winter. The boy registered but did not vote, and he did not get employment in the mill. All the rest of the names that he could give had been given to him by men that he had sent around. Thus his information was all at second-hand, and these men from whom he swore he had received this intelligence were Edward Barber, a brother of the witness, who had been called by the contestant, and who did not testify to anything of the sort. Patrick Moriarity was another. He had been called by the contestant and had not testified to anything of the kind. John A. Munion was another. He was not called. Michael Harrison was another. He had been called by the contestant and had not testified to anything of that character. The witness then drifted into another line of intentional misstatements. He said that there were some men in Greenwich who had been subpoenaed to come and testify for the contestant, who told him they were afraid to come lest they might be injured in their business. He gave their names. One was Charles Bulson, a man 45 years old, who had been employed by the Western Union Telegraph Company. We called Mr. Bulson (p. 728) and he testified that he never told Mr. Charles H. Barber that he was afraid to testify, or that he was afraid if he did he would never get any more work, and he further testified that he was not subpoenaed by Mr. Barber, although he had a talk with him one Sunday. He was on the stand, and the contestant proved nothing by the witness. Charles Bulson was a Democrat. > 893 The next one was John Boyd whom the witness had not seen. All the witness knew was what a man named Moriarity had told him, and Moriarity had been called by the contestant and had testified to nothing of the sort. i The next one was Edward Gleason, who said that he did not wish to mix up in the matter ; that it would ruin his business ; that he expected to run for collector this year on the Democratic ticket. Mr. Gleason is proprietor of a marble shop. The next was W. J. Oonnevery, a proprietor of a scale works. Aaron Bristol, a furniture dealer, and John Meeley, a merchant, and who had been post- master of the village. A most ridiculous falsehood on the face of it. We attempted to get Messrs. Oonnevery, Bristol and Meeley to attend. They were subpoenaed three times and refused absolutely to obey the subpcena. Finally, when a motion was made to report their cases to the Senate, Mr. Koche, counsel for the contestant, admitted that these witnesses, when they were subpoenaed for the contestant, stated to Barber that they knew nothing about the case and did not want to be bothered with it. Mr. Roche would not admit that Mr. Barber had testified falsely, but that was not necessary because that is abundantly proved by the admission made (pp. 1168, 1176, 1177). The testimony of Barnes and of Barber show to what desperate straits the contestant was put in order to build up a pretext, however slight, upon which to warrant the committee to sit night after night to hear the trifling and oftimes silly evidence offered in a case in which he had no grounds for complaint. 694 Something was said, although no evidence was given to prove the assertion, but there was intimi- dation in Whitehall, but this not alone lacked proof, but a comparison of Collins' vote with his vote in former years shows it can not be true. Collins received in Whitehall in 1891, 564 votes. In 1890 he received only 509. But the contestant urges that he received 830 votes against James G. Rogers in 1889. hence he must be credited with 830 votes when he ran against John H. Derby. It were better not to suggest such an argument; for it is equivalent to suggesting that the committee' would be so unfair and the Senate would be so arbi- trary as to find that the personal popularity of the sittmg member is to count nothing ; that it must be charged against him that he received in Whitehall 564 votes in 1891, whereas Mr. Rogers received 431 votes in 1890. The Republican vote for Warner Miller in 1888 in Whitehall was 779. The contestant called a ipan named James Dough- erty (p. 82) who swore in a general way that Democrats were afraid to come out of the Walter A. Wood Mowing and Reaping Machine Co.'s works at Hoosick Falls, for fear of losing their places, and that probably a dozen came to the voting place and were approached and went away. On cross-examination witness testified 'that he did not know of a single instance where they were charged for the time they spent in going to vote, and did not know of any other instances where men were paid to stay away than six given by him. The instances given were two men who were given tickets to go to Connecti- cut, but got off the train at Petersburgh and turned around and came back, and four men who were hired to go hunting, one of whom took the stand 695 » and swore that it was not true, and that he voted. Not one of these six was shown to be employed by the W. A. Wood Co. The witness did not claim that these four men did not vote, because he saw them about the town on election day, and they had an opporljiunity to vote. There was also a man named John Campbell (p. 68) sworn who did not dare to testify directly to what he by insinuation attempted to convey. Barnes testified that the Wood Co.'s works had never run before on election day. Campbell testi- fied that he had known the works to shut down on election day. He then testified that he went over to the gate-keeper, who told him that no outsider should go in that day. He then said that he had talked with some of the workmen, who told him that they did not feel like coming out, for fear something would be said about it, and that it was rumored around that if they went out and stayed too long they might be called over. That hearsay and abominable testimony was de- liberately given for the purpose of casting a slur on that gigantic industry that is the very life of Hoo- sick Falls, and that gives employment to 1,700 men and supports probably 1,200 families. Of course, there is no direct and competent testimony to show that this slander has any basis whatever in fact. On cross-examination he was asked whether it was his opinion that workmen were kept away from the poll, and he answered he could not say ; and he was asked if he charged the bosses with that, and he said no, but it looked " funny that men could not go out on that particular day, and on a spring elec- tion they always come out." When asked how he 696 knew that they could not get out he said from the fact that they did not come out. Now the fact of the matter is that the works had been started up a day or two before election. They were not running full. They employed 900 men less than when running full. The witness did not know that a single man could not come out. When asked, he could not name a single foreman that pre- vented any man from coming out. He simply knew that the Democratic vote for the district from the works was not as large as he thought it ought to be. What an extraordinary and detestable argument to oflfer ! The idea that any man should have the face to ask the Senate to seat him on such a puerile plea ! One of his heelers in Hoosick Falls observes that the Democratic ticket did not get as many votes in November, 1891, as he, the heeler, thinks it ought to have received ; hence there must be intimidation from some unknown, secret, but, of course. Repub- lican source. And the slander against the company is not smothered, although it might, if anyone be- lieved it, injure the company seriously in its busi- ness. But it is paraded and made the most of, and will be made the most of without respect to the rights of the company or the welfare of its em- ployes, simply because the contestants wants to get at any price and at any sacrifice of pride or honor a seat in this Senate, to which he is not entitled. The absurdity and wickedness of this insinuation is shown from the fact that whereas the nominal head of the company last November was the late Walter A. Wood ; yet the company was under the control and management at that time of a commit- tee of which Mr. Walter P. Warren of the city of Troy was chairman, and Mr. Warren was not then 697 and never has been a Kepublican. One of the leading meii of the company, and one of the best known men in this part of the State, was Mr. Rus- sell Parsons, who was not then and never has been a Republican, The superintendent of the works, who had entire charge of the practical operation of the works, was George H. Bartlett, who, when asked what were his politics, answered that he was a free-trader, and that he did not identify himself with any organized political pa^ty in this country. Mr. Bartlett (p. 972) was a witness for us. Last fall was the first time he had acted as superintend- ent, and he said that in October before election he had received orders from the executive committee to start up the works. It is made the cause of complaint, by this contestant, hungry for office, that the works should be started up at this time and thus enable 1,700 men to earn a living for them- selves and their families and not be closed until after election, because he, Michael F. Collins, was running for office ! The idea that that vast estab- lishment should have regulated its business with this senatorial election in mind is ridiculously pre- posterous. Mr. Bartlett swore that before election he gave orders to all the foremen to give the men passes to go out to vote. Each foreman in turn was sworn. Charles Spencer (p. 977), foreman of the machine shop, testified that he received this order from Mr. Bartlett; that sometimes the works had run on election day heretofore and sometimes not; that every man -in his department that cared to go out to vote was permitted to ; that it was an invariable rule that holds good every day, whether election day or not, that a man to go out of the shop 88 698 must have a pass. In this way, and in this way alone, could the time-keeper keep track of the men. G. A. Willis (p. 979), a foreman, had ten or twelve men under him that day and every man went out to vote, Horace Barnes (p. 981), a foreman, had fifty men under him that day. He usually has over seventy. He gave a pass to every man that applied, and nearly all of them Went out. M. F. Walker (p. 983), a foreman testified that he usually has sixty men under him and on election day he had about twenty, and every man went out to vote. William H. Slocum (p. 988), a time-keeper, swore that he knew of no difficulty on the part of any man who wanted to go out, and that they invariably have to procure passes in order to go out. Peter Wolfe, a Democrat (p. 990), the gate-keeper, swore that the orders that he had on election day did not differ from the orders that are in force every day during the year. His orders are that no one is allowed in the works except from an order of the superinten- dent. That on election day Democrats and Re- publicans alike came and wanted to get at the men to electioneer. M. D. Greenwood (p. 992), a foreman, said he usually has about 300 men under him, and on that day he had about 270. Passes were not required in his department; all the men went out that cared to, and, as he remembered, nearly all of them voted during the day. No dieduction was made against any man for the two hours taken to vote. Edward Manchester testified that he usually has fifty men under him, and on election day he had 699 ten or twelve. They all voted but two boys who were not of age. E. W. Stillman (p. 995), the time-keeper of the company, was sworn. He swore that he kept the time of the men on election day ; that each man was allowed two hours in which to vote, and that every man he kept time for was allowed the full two hours without the deduction of a minute. This witness was not cross-examined by the contestant. One of the counsel for the contestant asked dur- ing the progress of the hearing, why should this order have been giyen the day before election to allow men to go out to vote on election day ? A suspicious circumstances argues counsel. He did not say and dare not say it was a cloak for any understanding that it should be made diflScult for men to go out and vote. I do not know that any such insinuation will be made in his brief, but if it is made it shows either ignorance of the law or else a desire to turn unfairly a voluntary act for the benefit of employes into an insinuation against the men's freedoui ; for the act entitled An Act to promote the independence of voters, etc., chapter 262 of the Laws of 1890, section 36, provides that any employe may absent hitnself from service for two hours on election day, and that he shall not be liable to any deduction on account of such absence from his wages, provided, however, that application shall he made for such leave of absence prior to the day of election. To save the men the trouble of making applica- tion, on the day prior to election day, the superin- tendent directed the foreman in each department to allow* the men to go out on election day, thus giving 700 them the benefit of the act without requiring them to make a request for that privilege. What does this committee and honorable Senate think of such a case as this ? It might be called a farce were it not that the State has been put to the enormous expense and the committee to the consid- erable labor that has been spent on it. It is this waste of money and time alone that has given it any dignity. Was I not justified in asserting that to unseat Senator Derby and to seat the contestant on the evidence given in this case is to act arbitrarily, unjustly, illegally and unconstitutionally ? Will it be done ? G. B. WELLINGTON, Of Counsel for Sitting Member. Submitted March 28, 1892. 701 BRIEF FOR CONTESTANT, HON. M. F. COLLINS, Before the Senate Committee on Privileges and Elections. In the final consideration and submission of this contest, counsel for the contestant approach the discharge of their duty with a full appreciation, not only of their own responsibility, but of the weightier responsibility which is imposed upon this honorable committee in the determination, as to which of the parties is lawfully entitled to repre- sent the electors of the Sixteenth senatorial district in the present Senate. In their presentation of the case they will do so as lawyers and not as partisans, aiming always to address the intelligence and judgmeiit only of this committee. ' Previous to the passage of what is commonly known as the " Ballot Reform Law " in this State, the law of elections and pertaining to contests of elec- tions, was well settled both by the decisions of the courts and of legislative committees, and such able and exhausted treatises as the works of McCreary and Paine on the subject. But by the enactment of what is known as the Ballot Eeform Law, chapter 262 of the Laws of 1890, as amended by chapter 296 of the Laws of 1891, a radical revolution in the method and manner of holding elections and of voting was brought about. The change made was a sweeping one. It is -not necessary here to dwell upon the struggle to have this law written upon the statute books of this State. It is matter of recent history, familiar to all. In its enactment we were promised the realization of all the day dreams of the 702 reformer. The absolute purity of elections, so earnestly desired by all citizens, would become an assured fact ; bribery, coercion, intimidation would become things of the past and would no more fret the soul of the honest citizen. In no one thing is the object and scope of this act so plainly and clearly expressed as in its title : " An act to promote the independence of voters at public elections, enforce the secrecy of the ballot, and provide for the printing and distribution of ballots at public expense." Prior to the passage of this act and its companion, the "Corrupt Practices Act," a man might sell his vote and a man might buy votes without violating any positive law in this State ; voters' had their ballots placed in their hands, were marched direct to the ballot box and • made to deposit them in the sight of their employers. Now the independence of the voter is sought to be secured by making it illegal to even solicit his vote within 150 feet of the polls • and the secrecy of the ballot, assured by giving him a private apartment in which to prepare his ballot, which ballot when folded if untampered with, makes it impossible for any one to know how he voted. While these sweeping changes have provided new forms and methods for the exercise of the elective franchise and have given rise to some questions about which men may hold divergent views, yet in the main there is none which, upon principle has not received judicial interpretation and construction, nor, but from which the committee can receive safe guidance in their decision. The committee, too, will undoubtedly be aided in the interpretation and application of these statutes by the purposes and spirit of them and the beneficent public 703 objects which it was sought to promote ' by their enactment. Counsel for the contestant would earnestly impress upon the committee that they keep steadily in view the spirit and intent of the ballot reform act as well as the fact that if this act is to have any vitality, if it is ever to be other than a snare and a delusion to the common voter, will depend upon the strictness with which courts and legislative tribunals compel obedifence to it both in its letter and spirit. ' The statements of the canvassers of Rensselaer and Washington counties show that the following votes were cast for the oflSce of Senator at the elec- tion of 1891, omitting the vote for the prohibition candidate which amounted to 1,122. Rensselaer county, Derby 12,712 Washington county, Derby 6,437 Both counties 19,149 Rensselaer county, Collins 14,748 Washington county, Collins 3,740 Both counties 18,488 Apparent plurality for Derby 661. On the total vote he is' in a minority of 541. The legality and fairness of the election were challenged by Mr. Collins, who through counsel appeared before both the canvassing boards and presented substantially the same objections that are set up in his petition herein, so that he has from the very beginning, and without waiting to ascertain what would be the political complexion of the Sienate, asserted his right to the seat and 704 disputed that of his opponent. The contest was commenced by the presentation of a petition at the opening of the Senate and issue was joined by the filing of the contestee's answer^ This answer was a denial of the allegations of the petition and an aflSrmative claim that corrupt and illegal acts were committed on behalf of the Democratic canididate. Proof in support of the answer is confined mainly to negations of the contestant's testimony and sub- stantially nothing was adduced to -sustain the affirmative claims of the answer. A large amount of testimony has been taken before the com- mittee. For the sake of convenience the evi- dence given will be discussed in this brief in the alphabetical order of the towns about which the testimony was given, commencing with Washington county. (The pagings are from the stenographer's minutes.) WASHINGTON COUNTY. Easton. There are two election districts in this town. First District. . Vote : Derby, 1 73 ; Collins, 80. The evidence as to this district was given by Charles E. Thompson (p. 261 and 276), Edward J. Welch (264), and Jerome Harrington (231). Thompson testified that when the polls opened the Republicans marched in and filled up the polling place and that he saw two Republican workers give out paster b9,llots inside the polling place. He pro- tested to the chairman of the board, a Republican, who said he thought they had a right to hand out pasters there. 705 Edward J. Welch (p. 264), was one of Democratic watchers in same district ; saw four voters assisted by Eepublicans who clearly were not physically disabled; their only disability being that of ignorance. He states that pasters were handed out by Republican workers in the polling roctm, "as though they were in the fields two or three miles from the polling place," and further, he says, "it looked more like Eepublican headquarters than a polling place." He and other Democrats kept pro- testing against this, but the Republican election board utterly ignored their protest. Jerome Harrington (p. 431), a Republican, testi- fied that Mj*. Biggart, one of the Republican town committee (see p. 320), requested him to see a ^number of persons and have them come and regis- ter, and he, Biggart, would see that they got their pay for registering and voting election day. He also swears to a man named Osberg getting a dollar for voting the Republican ticket. This was not denied. Easton. Second District. Vote : D^rby, 180 ; Collins, 86. • John F. Keegan (pp. 247 to 261), was a watcher for the "Democratic party in this district ; polls opened at half-past 10 o'clock; know of quite a number who went away who hadn't time to stay to vote ; the majority of the board was Republican ; Easton was a strong Republican town ; always goes Repub- lican ; polling place was crowded full of Republicans; it took the witness most until 11 o'clock before he could vote ; three or four prominent Republicans solicited votes at- the door of the polling place ; the polling placei was an attic over a blacksmith shop, 89 706 and the entrance to it was by a stairway leading up to the attic, and these Republicans who were soliciting votes stood at the top of this stairway, within a distance of about twenty or thirty feet of the ballot box ; he saw Edward Hegeman within ten or fifteen feet of the polling place give an old man a paster, and he asked how to fold his ticket, and Hegeman said, " Never mind that ; come up stairs and tell them you can not read, and I will fold the ticket for you;" Hegeman went into the booth with him ; the voter drove these alone with a horse, and hitched it to a post, and walked up the stairs without any assist- ance ; it was understood that he could not read. Merritt Finch (pp. 286-291), the witness»went across the >river to the second district of Easton, hav- ing heard that the polls were not open ; it will be' recollected that the polls of this district are just aci-oss the stream known as the Battenkill from the village of Grreenwich; witness went to the polling place in Easton and found that the polls were not open ; he looked at his watch and found that it was ten minutes to 10. County Treasurer Lavake came to witness and asked him if he had changed his notion of voting this year. Witness said " No, sir." Lavake said, " You had better; I have got pretty good boodle now." Charles H. Barber (p. 241), testified to a man, St. Mary, voting in this district and after he voted it was discovered that he was not registered; St. Mary voted the Republican ticket ; the election board, after it was discovered promised to rectify it at night ; at night they found the poll exceeded the number by one, and they drew out a ballot and it was a Democratic ballot instead of a Republican ballot. In no place is this fact denied, neither is the fact as to the failure to open the polls contradicted, 707 Easton. District No. 1. In answer to testimony concerning this district the contestee called the following : Augustus A, Gorham (pp. 1001 and 1002), who says that he saw Democratic workers using pasters in the hall underneath the polling room, the polling place being on the second floor in the ball-room, but he can not tell who they were, nor how many paster ballots he saw them give out. Easton. Second district. In answer to testimony concerning this district the contestee called the following : John F. Barber (p. 1010), he is a Republican; he was near the poll; that during the day William Chapin came to vote, and when his ballots were handed to the clerk it was found that he had a Whitehall oflBcial ballot among them; that Chapin said he get them from the ballot clerk; that Daniel Barber also had such a ballot ; Whitehall is thirty or thirty-five miles from Easton and there is no direct railroad communication between the two places; it is about one hundred miles by railroad ; they said they got them from Charles H. Barber ; Pettis, a Republican inspector, opened the ballot and saw what it was ; witness stood up and saw what the ballot was. As it was intimated on the hearing that there was some great wrong, some Democratic conspiracy in the appearance of these two Whitehall ballots, the contestant, at the close of Mr. Derby's case called Charles H. Barber (p. 1259-61), and showed by him that he did not give out any such ballots, either to 708 his father or Chapin, and showed also by him and Allen (p. 1261), and Welch (1261), [the last two being in the second district of Easfcon], that ballots similar in form and size to official ballots, but which had a Whitehall indorsement on the back, were in use in Easton ; that they had been printed in a White- hall newspaper office and distributed around for the purpose of teaching voters how to fold their ballots, and that such ballQts were used that day*by the inspectors of election and others at the polling places for the purpose of instructing voters how to fold their ballots, and that the body of the ballots contained fictitious names such as Doe and Eoe, but , not the names of regularly nominated candidates. The testimony of these three witnesses stands uncontradicted and effectually disposes of any sug- gestion of wrongdoing Or intended mischief in con- nection with the presence of such ballots in EastOn. John S. Wilson (p. 1019-1021) testified on his direct examination that little more than one hundred feet from the polls, but within one hundred and fifty feet, he saw John Keegan, a Democrat, give out what he supposed was a paster ballot, but on his cross-examination he said that he saw Keegan take out a piece of paper like a paster and hand it to the voter, and that he didn't know in fact it was a paster; that was the only instance he saw; he doesn't even testify that the man voted, or even that he was a voter, or who he was. Fred Pettis (pp. 1021-1023) was a Republican inspector in Sbcohd district, Easton ; his testimony is mainfy as to the Whitehall ballots presented by Daniel Barber and William Chapin; it is similar to that given by John F. Barber and is disposed of by the remarks above made. 709 FoBT Ann. First District. Vote: Derby, 102 ; Collins, 14. This is the district in which the election was held in the hotel at Comstocks, known as Carpenter's hotel. The law governing this case is section 3, chapter 321, Laws, of 1890, which reads as follows : "All meetings of the board of registry in each election district shall be held at the place designated for holding the poll of the next ensuing election for which the meeting is held, but no building, or part of a building, shall be so designated in any city if within sixty days before such designation intoxicat- ing liquors, ale or beer, shall have been sold in any part of such building ; and no room shall be so desig- nated in any election district elsewhere, if within sixty days before such designation intoxicating liquor, ale or beer, shall have been sold in such TOOTa,>or in a room adjoining thereto, with a door or other passageway between the two rooms ; and no intoxicating liquor, ale or beer, shall be sold in such building in a city, or in such room or adjoining room elsewhere, after such designation and before such election." There is no dispute about the facts in this case. Liquor was sold there ; was sold there within the specified time. (See testimony of Philip Keilly [p. 190], John D. Wright [p. 192], W. J.Dempseylp. 194], Fred E. Gillette [p. 216], Fred J. Orandall [p. 217], and Ezra H. Snyder [p. 182], that United States licepse was issued to Carpenter for year commencing May 1, 1891, for the sale of strong and spirituous liquors, etc.) 710 John Washburn (p. 203), inspector of elec- tion, to the effect that election was held in hotel. The question is raised by counsel for sitting mem- ber as to whether room where election was held- was an "adjoining room" within the meaning of the act cited. Frank Kingsley (p. 749), testified in substance that he had made diagram of hotel ; that it was divided about in center by a hallway running east and west through the lower floor; the election was held in a room on the south side of hall and the room where the liquor was sold was on the north of the hallway; a door opened from the room where liquor was sold directly into the hallway, and a door opened from hallway directly into room where election was held. As to meaning of word "adjoining" see Corr^. v. Curley, 101 Mass. 24. There was no room separating the election room from the bar-room ; the space between was a mere passageway and the two rooms adjoined within the meaning and intent of the statute. District No. 2. Vote : Derby, 184; Collins, 128. The testimony concerning this district was given by Michael F. Joy (p. 107), Fred I. Baker (p. 657), Ed. Nicholson (p. 662), and by Clark E. Woodworth (p. 666). The fact as shown by the evidence, is that to suit the mere personal convenience of the board of reg- istry the registration was not held at the place designated for holding the polls and for which notice was given ; but in another building. 711 The statute on the subject reads as follows : "All meetings of the board of registry in each election district shall be held at the place designated for holding the poll of the next ensuing election for which the meeting is held." * * * Chapter 321, Laws of 1890, sec. 3. There was no imperious necessity rendering obedience to the law impossible, such as fire or flood; and if the board of registry from a mere whim, or to suit their personal convenience and comfoxt, would disregard the plain direction of the law by going but a short distance away one year, there would be nothing to prevent their going a mile or more away on another year, and thus the place of registry, instead of being fixed and desig- nated by the plain provision of the statute, could be held any place within the district where the whim or caprice of the board of registry saw fit to locate it. FoET Edward. The c6ntestant makes no blaim to any irregularity in the town of Fort Edward. But the contestee called Andrew Smith (p. 881), J. DeWitt Mott (p. 885), George H. Saunders (p. 889), Charles C. Saunders (p. 895), Edgar Newton (p. 1118), and Zina Bell (p. 1122). Without going into the details of the testimony given by these witnesses, it may be recalled, briefly, that Smith had a brickyard, the water for which he obtained from the canal ; that the two Saunders were boat builders, having a dry-dock on the canal ; that Zina Bell was a farmer, whose farm was divided by the canal, and who was anxious to have some ditches made to get away waste water ; Newton was a farmer, who occasion- ally was employed by the regularily appointed lock- 712 tender at Fort Miller, to tend lock for him at odd hours. The evident purpose and intent of oftering this testimony, was to show intimidation of these men by the State officials in charge of that section of the Champlain canal. But the simple reading of their testimony will be sufficient to convince anyone that it amounts to nothing; that no intimidation was proved, and that none even was attempted. These six men all swear that they were Republicans and all swore that they voted the full Republican ticketat last fall's election ; what is claimed to have been attemp- ted intimidation, the evidence shows clearly to have been nothing more than the ordinary argument which one citizen might use to another in attempt- ing to induce him, or to persuade him, to vote a cer- tain ticket and the argument amounted to nothing more than saying to these men, " You live here along the canal, you receive certain benefits from it, you are well treated by the Democratic State officials and are protected in the privileges which you enjoy, for which you pay nothing to the State ; care is taken by us to see that neither your land nor your business is damaged by the canal and everything is done for you as well as other citizens which can legally and properly be done, that you may have the full benefit of the privileges you have been enjoy- ing. Now don't yoii think that it would be to your benefit to support the Democratic ticket at the coming election ? " This certainly is all that can be claimed from the testimony given by each of these men, and, so far as intimidation is concerned, each of the witnesses swears that he was not intimidated, nor was he even persuaded to change his intention as to which party he would support on election day 713 and each of them that he voted the straight Repub- lican ticket. As well might you call ordinary argu- ment which one man uses to his neighbor in order to persuade him to vote a certain ticket, intimida- tion, as to characterize what was done and said in this instance as intimidation or even an attempt at such. It also appears that neither of these parties was asked to vote for any particular candi- date for Senator, and that the only request made to them was to vote for Mr. Flower. Robert Parker, Jr. (pp. 1177-1240), was called by the contestee and testified in substance that he was in Fort Edward on the last election day; that he was talking with one Isaac Dur- kee on that day ; Ganley came up to where they stood and Burkee said "I have voted," and that Granley, without speaking a word, handed Durkee a five dollar gold piece ; that he supposed G-anley to be a Democrat and a brother of one of the superin- tendents of a division of the Champlain canal. Simple reading of this witness' cross-examination would be sufiicient to convince any one, of the utter worthlessness and unreliability of this man ; when asked to whom he had first told this story he stated positively that he never told it- until after he was subpoenaed to appear before the committee and that he had before that, never mentioned it nor told it to any living person, but that after service of the subpoena upon him he told it to the oflSoer who made the service ; he claimed to have been sub- poenaed without the service of any sujppoeiia upon him, claiming that the oflScer read the subpoena to him; that the ofiicer who subpoenaed him in this manner accompanied him from Fort Edward to the Senate chamber on Monday, the fourteenth of 90 714 March, and that the oflacer after he got him there, told him that he might go home, that he would not be wanted ; that he was again subpoenaed to appear here the evening on which he*^ testified and witness then produced two subpoenas, both of which he swears had been served on him the day previous and one of which, strange to say, was a subpoena bidding him to appear on a day three days before he swore it was served upon him; he also swore that he voted for Garfield in 1880 and further on, that if he lived until the first of September next he would be thirty-two years old; that he was born Sep- tember 1, 1860, and that he thinks he was of age when he voted for Garfield. It appeared that Ryan, the. man whom he claimed , first subpoenaed and brought him here and told him to leave, is aEepublican and deputy of the Republican sheriff of Washington county. If any- thing is to be claimed, if anything can reasonably be claimed from this man's direct testimony, all that counsel asks to refute it and to show its utter . lack of truth, is a simple reading of his cross- examination. The circumstances under which he testifies that the money was given conclusively show that it was not given for any corrupt purpose. It was in the open, public street about half a mile from the polling place and in the presence of the witness, who was conversing with Ganley, and who told Ganley that he was a Republican. Ganley had not seen Durkee vote and it did not appear that he had accompanied him to the polls. Men who are engaged in the handling of money on election day generally locate themselves nearer to the polls, and without exception, try to hide, instead of to disclose 715 the corrupt occupation in which they are engaged. An honest reason for the giving of this money (if there is any truth in the story at all), is to be found in the fact that Durkee lived in the country, a considerable distance from the polling place, and that farmers were frequently engaged with their teams to bring in a body of neighbors to vote, and were paid for the use of their team and wagon. This was undoubtedly the Durkee case of alleged bribery. Contestant had no proof to reply to Parker's testimony, because he was the last one who gave evidence for the contestee, and the case closed that evening under a ruling of the committee, and the place where the transaction is alleged to have taken place is sixty miles from where the committee was in session. • Granvlle. District No. 2. Vote : Derby, 153 ; Collins, 82. This is the district in which Roberts worked. ^(Seep. 383.)' The testimony of this witness was to the effect that he is a Republican; resided in Granville; voted the Republican ticket in this second election district last fall ; declined to answer as to whether or no he was the paymaster for the Republican party last fall; claimed that the answer would incriminate him; refused to answer whether he performed any office aside from a legal oflBce for the Republican party on election day, but that he " filled some position ; " he worked on election day ; he refuses to answer what position it was, on the ground that it would tend to incriminate him ; that he held a position which might be called public ; refused to answer what position it 716 was, on the ground that it would incriminate and dis- grace him; that he was in Adams' store election day most of the time ; that he didn't know at whose request he filled this " position ; " that he held it by- virtue of a writing, no name signed to it ; it was on a piece of paper partly printed and partly written ; that he found this piece of paper in his pocket and don't know who put it there ; that by virtue of this piece of paper he filled both positions; that this " position " was neither that of deputy marshal nor deputy sheriff; that he did some work because of this position, and that the work that he did ia connection with it, if he testified about it, would criminate him and bring others into disgrace ; that he refused to tell what position he held ; that the paper was in type writing ; that he burned the paper up as soon as he read it that day because he didn't want it around his pockets ; that he first found it in his pocket on the morning of election day, about 8 o'clock, while he was in his boarding place at Munson's hotel ; that it was not in his pocket when '- he got up ; it was in his overcoat pocket, and when'^ asked what else was in the pocket where this paper, was, he refused to answer on the ground that it would incriminate him ; refused to answer whether there was any silver, gold or United States currency in his pocket on the ground that it would incriminate him ; he refused to aswer whether anybody came to him with a token of any kind on which there was writing, or whether ten, or twenty-five or fifty persons came to him that day with pieces of paper or tokens on which there was writing or any marks, on elec- tion day, on the ground that it would incriminate him ; refused to answer whether he had anything in his pocket or in his hand on election day that was 717 punctured with holes to show how much a voter was entitled to, on the ground that it would incriminate him ; he refused to answer whether he had paid a man any money after he had voted a ticket, also refused to answer whether he counted the money that he had in his pocket on the ground that it would incriminate him; ihe refused to answer whether he paid anything to voters on election day for their votes; refused to answer whether he did not pay voters, on the ground that it would incrimi- nate him ; that he spent part of the day on eUctidn day in a ham; that he had visitors at. the ham; could not say how many and refused to answer whether any one came to the barn and demanded money on election day on the ground that itwould incriminate him; also as to whether he paid anybody for voting on election day, in the barn, on the same ground. The witness was frequently directed to answer and was promised inamunity by the committee if he should testify, and the statutes which afforded him protection were read to him ; he was also given opporttinity to consult with counsel, but he per- sisted in his refusal. The evidence of wholesale bribery in at least one district (No, 2) of this town while not direct, is such as to carry conviction to the mind of every impartial judge. No man, layman or la\\[yer can read the testimony given by the witness, William E. Roberts, without being convinced that there was a well arranged, systematic plan of vote-buying and that Roberts was the party who did the paying. The synopsis of his testimony given above, while carry- ing conviction to the mind that bribery was rampant fails to disclose to what extent votes were pur- chased, and this district is brought within the rule 718 that where it is impossible to purge the polls, where the good can not be separated from the bad, that the vote tainted with bribery in that district should' be "stricken out. And as the bribery proven only affects Republican ballots, there being no evidence of wrong so far as Democratic votes are concerned, it is competent and proper to save to the contestant the unimpeached vote cast for him. Such a course, such a rule, commends itself to both reason and common sense. To illustrate : A district in which one candidate receives 100 votes and his opponent receives fifty ; witnesses are sworn who testify that they bribed a large number of the voters going to make up the 100 ; how many, they are unable to say, and while the bribery is clearly established, its extent is left in doubt; of the fifty yotes cast for the opposing candidate none are questioned and their legality is not assailed and it stands as the honest vote given that candidate. Can it be for a moment contended that the fifty good votes should be treated the same as the 100 tainted votes and be thrown out with them ? Would that be justice ? Would it be common sense ? Would it be law ? We submit that such a rule would violate every principle of right and of justice and that the legal, just method would be to permit the candidate, whose poll- is unassailed and untainted to have his votes counted for him. District Number Four. V^ote : Derby, 128; Collins, 148. James Murphy (p. 121) testified that he was a Democratic watcher at the polls in this district; that he was present at the canvass of the votes; 719 there were eight votes which he protested against being counted ; six of these eight had pasters (5n the outside on the back of the ballots and there were two from which the pasters dropped off when the ballots were opened ; the election board took a vote as to whether to count them and voted to count them ; they voted to count the pasters which were . on the back of the official ballots; six of these pasters were Eepublican, one Democrat and one Prohibition ; Republicans wanted them counted and the Democrats protested against them. District Number Six'. Vote : Derby, 49 ; Collins, 34. John H. Dunn (pp. 427-431) says that he is a Demo- crat and was around the polling place a good part of the day ; saw Republican pasters handed inside the polling room by a Republican ; a voter went in and I came out and his tickets were not folded right ; he handed them to an inspector or poll clerk and they threw them into the waste box and then gave him a new set and he then went back and Frank Hicks yelled to him inside the polling place and inside the rails to hold on a minute and he would give him a paster and he did ; Hicks is a Republican ; saw Allen Curtis, another Republican, electioneering inside of the room ; saw a man swear in his vote at the bid- ding of Hicks, who was not a resident of the dis- trict ; George McCotter, another Republican poll clerk, folded ballots for voters. Dunn's testimony stands uncontradicted. Geanville. Rodney Van Wormer (pp. 480-482), was county clerk of Washington last year ; testified that sixty- eight people were naturalized in Washington county 720 previous to election last fall ; that these sixty-eight were all from the town of Granville, and their certi- ficates purported to have been issued at a Special Term held at Granville by Judge Lillie; there was no Special Term appointed to be held at Granville and no judge resides there and knows of no term _being adjourned to that place. Granville. District Number One. The contestee offered the following : George Henry (pp. 1160, 1163), testified that he saw a Democrat by the name of Charles Schiff at a time when he appeared to be talking with a man about voting; that he had a ballot just like an ofiicial ballot in one hand and some money in the other ; he said to Schiff that he was pretty near the polls to be electioneering, and that Schiff answered that he was going to fix him; that was all he saw. On cross-examination he testified that he did not see Schiff give money to any one, nor did he see him offer money to any one, and that what he saw in Schiff's hand looked like money, and that if it was money it was paper money that he saw ; that he would not swear positively that it was money ; it appeared that the witness heard of a "deal" by which Schiff was to support Finch the Kepublican candidate for sheriff. Deliverance Rogers (pp. 1163-1165), Saw Schiff about the polls ; saw him electioneer within 150 feet of the polls. On cross-examination he says that he saw him try to get people to vote by trying to influence them ; was not near enough to hear what he said; 721 simply heard him talking ; did not hear him ask any man to vote for any particular candidate, only his ticket. Geeenwich. 1 First District. Vote : Derby 182 ; Collins 98. John M. Gill, (p.l09,) testified that he was poll clerk in this district ; the majority of the board was Republican ; that thirteen men voted as being physi- cally disabled ; that so far as witness knew, their only disability consisted in an inability to read and write ; that they were assisted principally by James 0. Lavake, Republican county treasurer of Washing- ton county, and by Stillman, the Republican, post- master at Greenwich ; that two marked ballots were found which were counted for Derby for Senator; they were marked by the name of the candidate for justice of sessions being marked oflF, and pencil mark put on ; two men, Thomas and Robert Emer- son, voted in the district who had only lived there twenty-eight days. Matthew Herron, (p. 125), was a Democratic inspec- tor in this district ; testified as to the marked ballots by Gill, and abput Lavake assisting persons claiming \ to be physically disabled. Peter Bradley (p. 132), was ballot clerk in this district : testified as to Thomas and Robert Emerson voting, and that they only lived twenty-eight days in the district; also as to the two marked ballots and that the mark was an " " written alongside the justice of sessions. John Monahan (p. 138), was around the polls in this district election day ; saw Lavake and Stillman electioneering and soliciting votes within 150 feet of the polls, and within twenty feet of the polls ; saw 91 722 them do this practically all day ; he saw Lavake go into booths with one Robert Coucher; knows Coucher well; has seen him every day around the street pushing a wheel-barrow ; nothing ails him. McAger Fadden (p. 320), was about the polls of this district election day, a Democratic worker ; saw electioneering going on inside the polling building ; saw James Thompson, Stephen Williams, E. H. Gib- son, all, prominent Republicans, peddling paster ballots inside the polling building and within twenty-five feet of the polls; that he made com- plaint to those electioneering within 150 feet and spoke to Mr. Lavake and Mr. Gibson and told them that they had no business within 150 feet of the polling place; they paid no attenuon and kept at it pretty near aU day. Charles H. Barber (p. 436), is a Democrat, voted in the first election district, Greenwich, last fall, and took an active part in the election, both in the pre- liminary canvass and on election day, and it was part of his duty to see that every Democrat in the towns of Easton and Greenwich was properly registered and to see that all got out to vote ; experienced difficulty in getting Democrats to regis- ter who were in the employ of Republicans ; knows of a naturalization court being held in Greenwich, a place where no courts are appointed to be held and no judge or other judicial officer lives ; knows of nine people being naturalized who had been in the United States less than seventeen months ; testified to getting a Green family to come and vote, and Republicans said if they voted they would make it hot for them and would have them in jail before night, and two of the boys were frightened away, saying they didn't want to get in 723 jail; they were qualified voters and lived iii the town twenty -five years ; Republicans electioneered all day long inside the building where the polling place was held, and handed out pasters all day within fifty feet of the polls; James 0. Lavake and Dr. Stillman, the Republican postmaster, were the most active at this. GrBEENWICH. Second District. Vote: Derby, 147; Collins, 62. Edward Casey (p. 143), was a Democratic watcher in this district ; knows James Thompson, a promi- nent Republican of that town ; he was a watcher for the Republicans; saw him electioneer during the day within 150 feet of the polls giving out Repub- lican pasters. John J. Bradley (p. 297), was a Democratic watcher at the polls in this district ; also saw Thompson electioneer and give out pasters and saw him try to intimidate a voter by threatening to send him to jail if he voted, the man got frightened and would not vote, he was a Democrat ; he saw Republicans solicit votes within twenty- five feet of the polling place all day long. Geeenwigh. Third District. Vote : -Derby, 128 ; Collins, 72. Patrick Moriarty (p. 236), was inspector in this district last election; majority of board were Republicans ; saw Republicans give pasters right in the polling room ; saw them soliciting votes all day long in the polling place ; protested to the chairman of the board against their acts in this particular ; was stopped for awhile and afterwards renewed; 724 saw Republican named Trumbull showing a voter how to put a paster on his ballot right in the polling- room ; saw a man assisted as being physically dis- abled whose only ailment was that he could not read; worked with him twenty or twenty-five years ; was assisted by a Republican ; Mr. Robert W. Lowber, a prominent Republican of this town insisted to the board that physical disability meant inability to read. John McCabe (p. 246), saw a Republican give a paster to voter in the polling place. Greenwich. First District. To meet the evidence of contestant in this district contestee called (pp. 664-646^ among others, Stephen L. Stillman, who swears that he was the Republican postmaster at Greenwich, and was a Republican worker at the last election ; he testifies that he and Mr. Lavake had not assisted twenty voters on election day. Joseph W. Barber (p, 646-648), testified that he was a watcher at poll four, town of Greenwich, and that a Mr. Bradley, a Democratic watcher, gave a voter who asked for a Democratic paster, a paster inside of the rail and he testified further that a majority of the board was Republican and that they accepted the man's vote. Horton A. Barber (pp. 648-652) resided in district number four, was a Republican worker at the polls on election day ; testified that he heard a Mr. Green, who was supposed to be a Democrat, asked by a Mr. Thompson if he was to have two dollars for his vote and Mr. Green said he was and asked him if his father and brother were to have the same sum each and he said they were. 725 James H. Thompson (pp. 653-657) testifies that he was a Eepubliean watcher on election day ; that he challenged one Crandall Green, and Green told him that he was to get tw6 dollars for his vote as was also his father and brother, and for that reason he challenged Green, and stated at the time when Green tried to vote he would see that he was pun- ished before night if he voted. The Emersons, Robert and Thomas (pp. 680 ,and 685), who as the evidence shows did not reside in the district long enough to entitle them to a vote were called by the contestee, but their testimony but confirms that given by the contestant to the effect that they had not moved into the district until the eighth day of October ; it is conceded that they actually lived in another district in the same town; whatever may have been their intentions they can not be made to takd the place of the law upon the plain state of facts proven; they were domiciled and resided in another district ; Republicans urged them to vote. Joseph M. Beattie (pp. 709-711) testified that he was offered a paster ballot by one McAger Fadden, and Fadden said that it was a complimentary ballot for Mr. Barber for some state engineer ; that there were eight or nine Democrats who were going to vote for Mr. Fincm for sheriff, and this was merely a compli- mentary vote and he wanted to know if witness would vote it. Charles H. Van Ness (p. 746), testified that in dis- trict number four, thirteen voters were assisted upon the ground of physical disability, nine of whom were assisted by Republicans and three by Demo- crats ; these men took the qath. D. W. Mendell (p. 737) testified that he was poll clerk in the first district, and that twenty voters 726 were assisted to their booths and took the oath of disability ; twelve of these were Republicans. Neither Lavake, Stillman, Thompson, Barber, nor Beattie, denied as to the open and continuous electioneering of Republicans within the polling places ; no attempt was made by contestee to dis- prove the facts as testified to by witnesses for con- testant ; Lavake was not examined at all, though he was present and sat with contestee's counsel at a~ couple of hearings. Stillman, though on the stand, did not deny the facts. The omissions are eloquent. As to the hearsay evidence given about the Greens receiving two dollars, it should be stated that it has been directly contradicted by Charles H. Barber, who was the person claimed to have paid them that sum. Hartfokd. The contestant Offered no testimony as to the election held in the several districts of this town and the contestee presents none of any moment, except that given by one Stephen Rock (p^ 1140), who testified, in substance, that he was given a paster ballot by Mr. William Tolman, who is a Democrat, who said he would give the witness a dollar and a half if he voted it; that he did vote it and that Tolman refused to pay him the money. On cross-examination he testified that he was neither a Democrat nor a Republican, but a temper- ance man. To meet this testimony contestant called Mr. William Tolman (p. 1217), who testified that he had resided in the town forty -two years, was a man 63 years of age, was a business man and a farmer, director of the People's Bank of Sandy Hill and was one of the United States Loan Commissioners ftic , 727 Washington county; denied positively that he offered Stephen Rock a dollar and a half to vote the Democratic ticket on election or any other day, and that he did not even, see him on election day. •Contestant also produced Mr, Elmer E. Ingalsbe (p. 1222), and Mr. Alonzo Norton '(p. 1227), both residents and business men of the town of Hartford, Washington county, Mr. Ingalsbe being a cousin of one of the counsel for contestee, who both testified that they knew Stephen Rockand had, for a great many years and from the speech of the people his cha^-acter was bad, both general and for truth and veracity, and that neither of them would believe him under oath. This effectually disposes of Rock's story, who, as the committee will recollect, was undoubtedly under the influence of liquor when he gave the testimony. Kingsbury. Second District. Vote : Derby, 128; CoHins, 67. Daniel W. Harrington (p. 286) voted the Republican ticket m this district, as did his son ; neither had lived in the district thirty days; moved in the dis- trict the middle of October from another district. Not contradicted at all. TTiird District. Vote: Derby, 123; Collins, 69. Eugene Benway (p. 316) received four dollars from Edward Mullin, a Republican, for voting the Repub- lican ticket at the election last fall. Not contradicted. Andrew Dickens (p. 169) was working in Vermont; was requested to come home and vote by Mr. W. L. Sherrill, a prominent Republican worker ; was paid 728 the day after election ; received six or seven dollars; there were four of them who came from Vermont to vote and each received the same amount on the understanding that they were to vote for Derby. Not contradicted. Peter Commerford ,(p. 377) was one of the four spoken of by witness Diokens and gave like testi- mony. These four were paid sums in excess of their fare and day's wages. The contestee gave no evidence whatever to either contradict or explain the foregoing testimony. But he did^all two witnesses, one of whom, Samuel B. Jenkins (p. 679), testified that he was a Republican watcher in district No. 2 ; that he observed an official ballot with a paster ballot on the back of it which was counted ; the paster was a straight Democratic ballot ; that a majority of the board in this district was Republican. He also called Horace H. Dibble (p. 687) who testified that he was a Republican inspector of election in district No. 2 ; that they found in the box an official ballot with a Democratic paster on the back of . it, but that the official ballot on which it was pasted was a Democratic ballot and that it was counted as a Democratic ballot. This we submit was proper. There having been nothing pasted upoji the face of the ballot and the paster and the official ballot being identical, the intent of the voter to vote the Democratic ticket is plain and the ballot was properly counted. Salem. - Contestant offered no evidence as to this town. But contestee called two witnesses, to wit, Alexander Smart (p. 1115) and Martin Gleason (p. 1116), whose testimony showed that by a mistake Martin Glea- 729 son voted in district No. 3 without having been registered in that district ; he was a resident and otherwise a qualified voter and supposed that his name had been registered. WniTEHiXL. Vote: Derby, 564; Collins, 555. ' Michael Broderick (p. 130) got a paster from Pat- rick Casey, who was a Kepublican worker, who said when he handed it to him that he would give him five dollars if he voted it, and in the evening, after the polls closed, Casey gave him five dollars ; he voted the paster. Harry Rorabach (p. 224) voted in Whitehall elec- tion day ; received from George Neddo, a Republi- can worker, five dollars for voting ; he gave him a Republican paster, which he voted ; he received the money after he voted ; he went to Mr. Burleigh and asked him for the money, and Mr. Burleigh told him that Neddo had the money. '. Tracey Cowan (pp. 146-161), the committee will remember the circumstances under which Mr. Cowan. was sworn; he had not, himself been sub- poenaed as a witness previous to coming to Albany ; a large number of witnesses had been subpoenaed on the part of the contestant to give testimony as to the use of money on election day in the town of Whitehall ; they appeared in number from twenty- five to thirty on the morning of Friday, of Jan- uary eighth, in obedience to subpoenas, and with them came Mr. Cowan, who, as he testified^ is the private secretary of Henry Gr. Burleigh, Republican leader in Whitehall. Counsel for the contestant stated that they had reason to believe that they 92 730 could prove by these witnesses the wholesale use of money on election day in the interest of Mr. Derby, but that when the persons subpoenaed for that purpose were produced, they refused to communicate with the counsel for the contestant. It was then learned that they had come to Albany accompanied by Mr, Cowan. A number of these witntesses were employees of Burleigh. Cowan attended the hearing on this day and took his seat with the counsel for the sitting member, and was apparently in consultation with them; after the refusal of these witnesses to communicate with counsel for the contestant, Mr. Cowan was called to the stand and was inquired of as to the cause of his accompanying these witnesses to Albany. He testified in substance that he' came with them because many of them were employes of Mr. Burleigh, and that he was afraid that they might get mixed up and would not be able to tell the truth ; that he had never on any other occasion accompanied them any place and that he only did it on this occasion because it was a political matter; that he went into one of the ante-rooms of the Senate chamber and talked to these witnesses ; that he only told them to tell the truth; that he told these men before they came down to tell the truth ; that he accompanied them on the train— sat with them in the car; that if they had been subpoenaed here in a civil action he would not have come with them unless they made a special request; that he told them to tell the truth and: that the truth was to tell that they voted as honest citizens. The testimony of this witness is well worth reading in detail. It also appeared from his tes- 731 tiroony that on the Friday before election he was sent by Burleigh to see Mr. Derby at Sandy Hill to get money for election purposes. It must have been evident to the committee who and what produced the non- communicativeness of the parties who were subpoenaed as witnesses. Their silence under, the circumstances speaks as loudly and as eflfectively as if they had come upon the witness stand and testified to the receipt of the bribe money which was plentiful at Whitehall. Edgar Hull (pp. 184^189) testified that he was the Republican district-attorney of "Washington county last year; that he" had a telegram from Mr. Burleigh previous to election asking permission to offfer a reward; he replied that there was no authority in law for it, but that if Mr. Burleigh wanted to assume the payment of the reward he would give his consent to the use of his name. Also testified thajt all the oflScers of Washington couiity were Republicans ; the court, the sheriff^, and a large majority of the board of supervisors and all the machinery of justice were in the hands of the Republicans. Augustus R. Stephens (p. 295) posted the notices containing the offer of reward ; might have been a hundred of them ; posted them during the night before election ; was » not employed by the district attorney to do so (p. 296). Harvey Jackson (p. 297) attended at the polls all day in the first district of Whitehall; did so as a deputy sheriff; had written appointment but never qualified ; was requested to act in that capacity by the Republican committee; got five dollars for his services ; got it through the mail, couldn't tell who 732 sent it ; never filed any acceptance of the position ; it was for my pay on election day (p. 1129). Henry V. Martin (p. 304), was appointed a deputy sheriff; received the appointment the night before election from Kobert Hall, Republican town com- mitteeman ; had been requested by Mr. Neddo to act before that ; received five dollars for his services (p. 305); did not prevent anybody from voting or know of anyone being prevented from voting ; was not sworn as a deputy. ' W. J. Busteed (p. 308) was appointed a deputy sheriff and received pay same as the last witness ; was told to keep parties away from the polls ; did not know of any person being prevented from voting; V there was no electioneering within 150 feet of the polls. Warren McFarfen (p. 311) was appointed a deputy sheriff and acted on election day ; was asked to act by Mr. Hall, Mr. Burleigh and Mr. Neddo ; had not qualified, filed no acceptance and gave no bond; did not know of any intimidation being practiced on voters or their being prevented from voting. Martin Mason (p. 314). This testimony is the same as that of the previous witnesses ; he was in the Fifth district, Whitehall ; Mr. Burleigh promised to pay him for his services (p. 315). John Kilbourn, 2d (p. 291), voted in Whitehall; George Neddo paid him five dollars for voting the Republican ticket ; never was convicted of a crime; they were all Republicans on the ticket I voted. John E. Corbett (p. 380) had an interview with Mr. Burleigh on election day relative to Norman W. Stark voting ; claimed he was not a voter and he was about to leave when Mr. Burleigh urged him to stay 73B and swear in his vote ; he did so ; Stark told him he had been only ten months in the State previous to election (p. 381); if Mr. Burleigh had not been there he would not have voted ; he voted and swore in at' his solicitation ; before he went to Rutland, Vermont, • he had lived in this State ; Burleigh was in the poll- ing place a dozen times during the day ; he (B.) was not a watcher, inspector or poll clerk. Norman W. Stark (p. 418) voted the Republican ticket at the last election; Mr. Burleigh proposed that I sTiould vote, that it was all right ; I mean to say that I told them that I lived in New York State and I had not lived there for a year ; when I went to Vermont I did so with the intention of coming back to New York; never voted in Vermont; rented a hoi).se there, paid the rent, had my wife there and worked there. James H. Jackson (p. 433) was present when Stark was challenged ; heard Burleigh urging him to swear his vote in ; told Burleigh he was pushing the thing too far; Burleigh said 1 was a " God-damn liar," and would be in State prison before the young man would. " Rodney Van Wormer (p. 438) lives at Argyle and is county clerk; had custody of the election returns. (A great deal of his examination is given to showing the differences between the statements of the votes cast in the body of the return and those on the sample ballots, which evidence, however, it is agreed may not be considered by the committee). The wit- ness produced all the returns with the sample bal- lots attached; the forms upon which the returns were made out were furnished by Weed, Parsons & Co., in Albany ; he caused them to be distributed to' the several election districts (the returns were then 734: left with the committee and were received in evi- dence). The counsel for contestant stated that there was proof to show that the ballots were marked and desired that the different returns from the town of Whitehall be placed in the custody of the committee, which was done. The returns were in same condi- tion as when received. Eichard A. Chapin (p. 462), town clerk of White- hall ; there are five election districts in the town. The town clerk produced the returns filed in hi^ office. The returns were brought to his office by the inspectors of the several districts ; these are the identical ones that were brought ; they are in the same condition as they were when received (p. 463). Kufus R. Davis (p. 464), supervisor of Whitehall; the original returns of election for 1891 were filed with him; there are no ballots attached to the returns from district number one ; there are from district number two ; none from district number three; there are from districts numbers four and five ; he did have them with him when the canvass was made, bui-they were not used for that purpose ; they are in the same condition so far as the ballots are concerned as when they were left with him ; made a comparison between them and the other returns on the day the official canvass was made. Thomas A. Keith (pp. 295-297) testified that in 1887, when Collins first ran for Senator, his vote was as follows : Collins, 694 ; Manville, 505 ; Collins' majority, 189. In 1889 Collins received 830 ; Rogers, his opponent, 431, leaving a majority for Collins, 399. Manville, who ran against him in 1887, was a resi- dent of the town of Whitehall. 735 In 1890, when Collins ran for Congress, he received 509 arid Quackenbush received 35&; majority for Collins, 153. Quackenbush was the Republican candidate. • This fall Derby received a majority of nine in the town. Whitehall. The contestee called among others one Frank Renaud (p. 675), who testified that he voted in one of . the districts of the town ; did not know which; that he voted a paster ballot; that he did not know who gave him the paster ballot; that about two hours afterwards he was paid five dollars by one John Sullivan; that he had no talk with Sullivan; that he was not able to say whose name was on the ticket for Senator; he would not swear that it was not John H. Derby; that he did not know whether the man who gave him the paster was a Democrat, or not. Counsel submits that the mere reading of this testimony will show that it is insuflScient to predicate a charge of bribery so far as this man's vote for Senator is concerned. There was no evidence that the ballot was given to him by a Democrat nor is there any evidence that it was a Democrat who gave him the five dollars. A number of other witnesses were sworn by contestee; Antonio Prove (p. 667), Loiiis Le Plant (670), Louis N. ProVo (671), Alexander Renaud (672), Thomas Stewart (673), John Blanchard (674), Moses Blanchard (674), Joseph Renaud (679), Joseph La France (716), Augustus R. Stephens (718), J. J. Pottum (720), Albert A. Rathbone (722), and Harvey Jackson (1125). The testimony of these witnesses is wholly imma- terial and fails to disclose anything which would 736 justify counsel in taking the time of the committee to discuss it. ■ It neither contradicts any facts proven t)y the contestant; nor does it prove or even tend to prove any fact suflBcient to impeach the validity of a single vote given to Mr. Collins in this town. As we do not care to fight shadows in this case, we will spend no time in replying to the efforts made by counsel, to show by the witness Jackson, that a gang of repeaters was sent to Whitehall for the pur- pose of voting. It is hardly likely that a gang on such an errand would call at the house of a Republican deputy- sheriff, as he states. The witness says they did not vote. They did not even attempt to vote. The evidence of systematic fraud and bribery is clearly established by both direct and circumstan- tial evidence. The work of debauching the voters was done evidently in pursuance, of a carefully prearranged plan. The evidence showing irresist- ibly this fact is as follows : First. Henry G. Burleigh's application to District Attorney Hull for permission to use his name offi- cially to an offer of a reward of $500, for evidence of any violation of the ballot law. Second. The issuing and posting of the large printed handbill tfiroughout the village of White- hall in the nighttime the * night before election, purporting to offer a reward which was unauthorized by law. Third. The visit of Tracey Cowan to Derby the Friday before election, sent by Burleigh to get / money to be used on election day in Whitehall. Fourth. The appointment of a number of deputy sheriffs by means of printed appointments signed in 737 blank by the Republican sheriff of Washington county and given to the Republican committee of Whitehall, delegating to them the power of appoint- ing any person they chose to the responsible posi- tion of deputy sheriff. Fifth. The use made of these blanks in appointing Republican deputy sheriffs who did not "swear in" nor in any manner qualify and their payment by the Republican commrttee for their services on election day. Sixth. The popularity of Mr, Collins in this' town owing to his advocacy of canal legislation, Whitehall being a canal town and a large part of its population being engaged in transportation and business there generally dependent upon canal and lake traffic. His popularity made manifest by the large majority he received on three different occasions, on one of which he ran against a citizen of the village. No evidence was given to show any change of sentiment on the part of business men and others regarding his candidacy last fall. Seventh. The proof of actual bribery on election day ; the witnesses giving the names of the men who paid money and who promised money ; the failure on the part of contestee to call these men and either deny or contradict im§ testimony, although they were prominent citizens of the town ; one of them being duly subpoenaed by contestant and refusing to appear. Eighth. The fact that when some twenty or thirty witnesses were subpoenaed 'by contestant to prove further direct bribery that Tracey Cowan, Bur- leigh's private secretary, and himself a prominent Republicans accompanied' them to Albany and to the Senate chamber, for the sole purpose as made 93 738 clear by his examination, of preventing these men from testifying to the facts by cajoling and bull- dozing them and making them refuse to even speak with counsel for contestant. Ninth. The fact that the Republican ballots used in the town were marked for the purpose of identi- fication. The evidence all tends to the irresistible con- clusion that the p'oU in each of the districts in this town, so far as the Republican ballot is concerned, \was tainted and impregnated with bribery boldly and successfully planned and executed, and the proof of this, counsel submit, is so overwhelming as to thoroughly impeach the return in each of the districts. It became apparent, however, to the counsel early iii the investigation, both from proof given before the committee as well as facts obtained in looking up testimony and information received, that there must have been some method which was used to identify the voter and show whether or not he voted the Republican ballot. Careful scrutiny was had of the ballots attached to the returns on file in the Washington county clerk's ofiice, those on file in the town clerk's ofiice in Whitehall, and the original returns left with the supervisor of the town, The discoverjj^was made of a mark on each of these ofiicial ballots, which counsel claim, in the light of all the facts disclosed concerning the action of the Republican leaders in Whitehall before and after election, of positive proof of actual bribery in certain instances, and the indirect but equally con- clusive proof in other instances show that the mark was placed upon these ballots for the purpose of identifying the voter, and revealing the political complexion of the ballot which 'he voted. The , . 739 committee have before them these returns, attached to most of which are oflBcial ballots, one set contain- ing the names of the Democratic candidates, another those of the Republican candidates, another those of the prohibition candidates and another those of the socialist calndidates. On the back of each of these ballots is the caption or indorsement pre- scribed by law substantially in these words : " OflBcial ballot for district poll of the town of Whitehall, November 3, 1891, Rodney Van Wormer clerk of Washington county." Mr. Van Wormer is a Republican. He procured the ballots to be printed as the law provided. So far as it appears, he caused them to be distributed , to the different town clerks, and by the lat,ter they were given out in sealed packages to the different inspectors at the different election districts on the morning of elec- tion, as directe(^ by statute. The mark consists of a puncture or pin hole made with a pin or other sharp pointed instrument through the letter " " of the word " Of," as it appears in the indorsement of the oflBcial ballot. It is apparent that this puncture was made from the face or inside of the ballot; and, further, that the mark was of such a character that the chances of its discovery by any one looking at the indorsement of the ballot, and having no knowledge of it, were reduced almost to a minimum, but that any one, knowing of its having been placed there, could see it at a glance and be informed as to what ticket the citizen voted. The county clerk, the town clerk and the supervisor have testified to the respective returns produced by them, and that the oflBcial ballots on the same attached thereto were in the same condition as when received by each of them; This distinguishing mark thus 740 becomes evidence, and there is suflScient before the committee to justify them in passing upon the ques- tion as to whether or not it was placed there for the purposes of identification. Indeed, there can be hardly any question on that point, for no other motive or reason for its being placed there is conceivable. The men who did the bribing of voters in Whitehall could not, in all instances, be made sure that the goods were deliv- ered. They were determined on reversing the political record of the town. They had a motive for desiring to ascertain how the citizens voted and how the votes stood. These marks furnished a means of identification of the votes cast. If it be suggested that perhaps it was " wicked " Democrats who marked these ballots the suggestion is ans-Wered in two ways: First, there is no proof whatever of that kind. Second, if Democrats desired to resort to this or some other method of learning how the citizens voted, they would have marked the Democratic ballots and not the Kepublican official ballots. The marking of Kepublican ballots would not necessarily disclose to them how Democrats voted, because there were three other official ballots in use by the electors and for aught they could know, the unmarked ballots voted by a Democratic elector might be a Prohibition ballot, or a Labor or Socialist ballot as well as a Democratic ballot. The several returns as filed and which have attached to them the official ballots, show marks upon the follow- ing, to wit: Filed with the county clerk, first, second, third, fourth and fifth districts ; filed with the town clerk, second, fourth and fifth districts ; filed with the supervisor, second, fourth and fifth districts. 741 The committee will notice that none other than the Kepublican ballots attached to the returns are thus marked. Those produced by the county- clerk have been in his possession since they were filed with him immediately after election. The manner in which the official ballots of the several parties are attached to the three diflferent sets of returns, clearly show that this puncture was not made in attaching the ballots nor at the time of can- vassing the votes. They bear inherent evidence of its having been done in a systematic, pre-conceived manner and for an evident purpose. It was clever, if contemptible. It was shrewdly designed even if dishonest and illegal. But one party was interested in carrying it out; but one party had a motive in doing the work. Taken in connection with the other illegal acts which characterize the conduct of the Republicau leaders in Whitehall, and the corrupt use of money, there can be no doubt as to the purpose nor the agents in this illegal transaction. Of course we are unable to produce the marked ballots which were actually voted. Pursuant to the provisions of the statute these were destroyed after the canvass was made. Section 47, title 4, chapter 130, Laws of 1842. That they were marked as are the ballots attached must be evident. There would be no sense or object in marking only the particular ones which were attached to the returns. It was the legal duty of the inspectors to attach the ballots to the returns. 742 RENSSELAER COUNTY Brunswick. Fourth District. Vote: Derby, 152; Collins, 34. William H. Harrington (p. 93), Democratic inspector; two other inspectors, Republicans; describes the cramped size of the polling place. Republicans refused to organize board unless witness would consent to the appointment of a poll clerk to suit them; a box of Republican paster ballots was placed on the table with the oflBcial ballots by William Calhoun, a Republican (p. 95); they were there openly and publicly in a paste-board box and remained there all day ; he saw Mr. Calhoun and Mr. Adams take pasters from the box; William Coon was taken into the booths as a physically disabled voter, which he was not, also John Snowberger was taken in by Mr. Adams, a Republican, while an inspector and a Republican poll clerk remarked that the only trouble with Snowberger was that he was' blind drunk ; John Film was also taken in by one of the Republican inspectors and without any oath being administered at all (pp. 97-98); Film did not vote however ; the place outside was full of voters and people electioneering and it was a notorious fact that they electioneered and some c^me right in the polling room; the room was a harness room inside of a barn ; Derrick, the Republican leader proposed to have my poll clerk arrested if he acted; Adams and Calhoun came to the box and took out pasters when they wanted them ; the pasters were in plain sight of the voters as they came in and* announced their names. 743 It should not be forgotten that Harrington's testimony is not contradicted, not a single person having been called to explain, modify or deny the ipiportant facts testified to by him. Certainly the placing of that box of paster ballots in close proximity to the official ballots and permitting active partisans to use them all day long, was a gross and inexcusable violation of law, which demands and should receive the condemnation of the committee in the only practical way that it can be condemned by that body. HOOSICK. Vote in town: Derby, 1,125; Collins, 1,241. . Eighth District. Vote: Derby, 150; Collins, 112. Elmer E. Barnes (p. 17), Democratic worker in eighth district ; this was Mr. Worden's district, who was running for Assembly and he had seven or eight workers working inside the rail and all around the building ; they swarmed all over the room ; they were inside the guard-rail ; saw one of the Repub- lican workers go and get paster ballots in the room; they ran voters over int,o McGraw's saloon ; Crowley and Doherty were subpoenaed to attend before the committee ; they are the men who it is said- on elec- tion day were given ten dollars and tickets to go to Lime Rock, Connecticut, but did not go beyond Petersburgh, a few miles, distant ; witness saw them the night they were subpoenaed and told them he wanted them in Albany to testify to the above facts ; Crowley said that Greene (who is a Republican) gave him and Doherty each four dollars and they were to go to the Richmond House, in North Adams, and there get twenty dollars and not go to Albany 744 and testify ; they took the train in the presence of witness ; Greene was the lawyer whom Worden got to take care of the people whom they paid on elec- tion day; observed Eepublicans approach every Denaocrat who would come around and stand by the polls for any considerable time and who had not voted ; during the canvass observed that there were seven ballots that had the name of justice of sessions marked over and the name of John Doe and of persons who were not in the district written on ; Derby got thirty-eight majority in the district where Collins for- merly had seven; McGraw was a Republican deputy sheriflF; we hadn't any money to pay anybody ; there was a little money to give the boys a drink and some to pay for wagons; five dollars a wagon in each election district ; I had the distribution of that much funds ; we paid some workers to watch Republican rascality and gave them ten dollars apiece ; the total amount for the nine districts that we received was in the neighborhood of six, seven or eight hundred dollars; there were from three to five hundred dollars expenses in running the campaign ; Frank Riley is the man that I gave the money to ; I don't know what he did with it ; we had political meetings in the town prior to the election and incurred expenses for music and one thing and another ; we had a headquarters for which we paid fifty dollars a month rent, put a man in it ; a large portion of the sum received was to pay legitimate expenses incurred before election. A most vicious attack was made upon Barnes by the contestee's counsel and efforts were made to impeach his testimony by showing that Democrats whom he testified approached him for money aad did not vote, had not in fact gone near him at all 745 * As there was considerable sparring and evidently somfe feeling between the witness and counsel, we do not deem it necessary to go through Mr. Barnes' testimony in detail, as the committee will fully recollect the salient features of it. There are many of his statements which have not been attacked nor any attempt made to deny them and the committee will not forget the very significant fact that neither Crowley, Doherty nor Greene, nor anyl?ody else, has been produced to deny the testimony as to the giving of money on election day, the purchase of the Lime Rock tickets and the hiring of Crowley and Doherty to go out of the State and their actually leaving it after they were subpoenaed to appear before the committee. Neither will we undertake to lumber up this record by any discus- sion as to whether the employees of the Wood establishment did have perfect freedom about going out to vote on that day, or whether there was in fact a feeling or understanding among the men in that shop which had started up the day before election, contrary to custom, that it would be just as well for them to stay inside as to go out and vote. The counsel do not make any charges against the managers of the establishment nor the foreman on that point. Fourth District. Vote: Derby 162; Collins 120. Charles E. Cunningham (p. 60), justice of the peace and Democratic watcher; at canvass of votes noticed on the ballots that justice of the sessions was crossed off and some other name written on ; the name written on was not that of any candidate nomi- nated by either party*; they were Republican ballots ; Mr. Stevens, general superintendent of the Stevens 94 746 and Thompson mill was working around there, approaching the men, giving them paster ballots within ten feet of the polling building ; several times witness had to speak to the board to exclude the Kepublican watchers who crowded in between the opening in the guard-rail ; a man came up with a paster ballot, Stevens looked at it, tore it up, and said, " You don't want to vote that ; here is what you want to vote/' and gave him one out of his pocket ; this was right in front of the polling build- ing; one man came to witness and said that the Republicans promised to give him five dollars and then gave him only two ; it was Dr. W. E. Fox who gave it to him, a Republican worker, and who said that was all he h4d to give him. (Cunningham's testimony as to Mr. Stevens and as to Mr. Fox was not denied by any person). First District. Vote: Derby, 164; Collins, 174. John Campbell (p. 668). Thirty Democrats in this district did not vote; they came apparently to vote, were approached by Republican workers; went away without voting, knows of eight or ten himself; there were from nine to fifteen ballots marked over justice of sessions; they had other names written on. Fifth District. Vote : Derby, 137 ; Collins, 174. James Doherty (p. 882), Democratic watcher. A good riiany Democrats kept away from the polls ; two young fellows showed me their tickets and ten dollars apiece that was given them; one was Charley Doherty, the other Cornelius Crowley ; their tickets were for Lime Rock, Conn.; they told me that they 747 got them from Levi E. Worden (Mr. Worden was the Republican candidate for Member of Assembly); they went only as far as Petersburgh, a station near Hoosick ; they sold the tickets back to the agent, getting the diflferejtice between what it would cost to go to Lime Rock and Petersburgh; I saw the money and tickets both; their politics are Democratic; four others told me they were going hunt- ing and got twenty dollars ; they were Dem- ocrats; noticed seven ballots which were marked over justice of sessions; they were Republican ballots ; the two - who were paid to go away, and subpcenaed here, showed me the money they got from Grreene to go to North Adams; the Democratic vote was short about thirty-seven; a number of them came there and were solicited by Republicans and went away. Counsel for sitting member called several wit- nesses (pp. 995, 1042,1 1047, 1048, 1052), to show that there were no justice of sessions marked ballots, but it appeared as follows by the several witnesses : (1) That he didn't remember any. (2) None on those he saw ; saw only one-third of, them ; is not able to say that there was none over justice of sessions on any ballot. (3) Didn't touch any of the ballots. (4) Didn't examine all the ballots. (5) Not as he remembers, and saw only one-third. Testimony of a negative, don't-remember character has ho weight against the positive testimony of men who saw the marks and can give the numbers. Levi E. Worden, concerning whom the foregoing testimony was given relative to bribing men on election day, sat in the other house m this Capitol while this contest was in progress, and did not come forward to deny the serious charge made against him. 748 LanSingbubgh. Third District. Vote : Derby, 218 ; Collins, 171. James H. Fagan (p. 277) was present at the polls as a Democratic watcher; 0. W. Witbeck, formerly- Republican president of the village, voted in that dis- trict, although he was not registered and he lived in another district; Witbeck lives in the fourth district. Neither Witbeck nor any other person denies this testimony. Seventh District. Vote: Derby, 220; Collins, 124. John Suiter (p. 234) is a voter in the seventh elec- tion district; knows Warren Irwin, who is prominent in politics in the district; on election day Irwin stopped him at the polls and asked him what ticket he wa« going to vote ; was told Democratic, and Irwin said he would give him five dollars to vote the Republican ticket ; was not offered any money by Democrats. Neither Irwin nor anybody else has been called by the sitting member in contradiction of Suiter. William P. Carr (p. 231) voted in the seventh dis- trict; Warren Irwin, a Republican, came to him and oflFered him five dollars to vote the Republican ticket; witness told him it was not enough and Irwin said he would go and see if he could get some more ; he came back and raised it to eight dollars ; the arrange- ment was closed at that ; witness then went and voted; David Hanna, formerly Republican police commissioner of Lansingburgh, gave him the money (pp. 232, 233). Neither Hanna nor Irwin was called to (ieny this testimony. 749 Petebsbukgh. . % First District. Vote: Derby, 145; Collins, 113. Byron E. Merrithew (p. -205) was a Democratic watcher at the polls; the polls were not opened until twenty minutes after 9; a blank appoint- ment was filled out by a Kepublican right at the polling place for a party to act as deputy sheriff ; the appointment was signed by Sheriff Tappen, Republican, who was running for county treasurer ; , three or four persons went into the booths and were not able to prepare their ballots, came out and laid them on the table and went outside and came back again and got new sets and were allowed to go into the booths against the protest of S. E. Reynolds; a person outside told them that if they did not know how to vote to come out and they would show them. ^econd District. Vote : Derby, 31 ; Collins, 80. Charles S. Church (p. 218). John W. Church, who wanted to vote the Democratic ticket and swore that he was physically disabled and could not see to fold his ballots, chose the witness to fold them for him, but the Republican board of inspectors would not permit the witness to go in and sent instead Charles Kenyon, a Republican worker; Kenyon laughed at witness after he came out and said that he had got the best of him (p. 214). Tboy. Vote : Derby, 5,443 ; Collins, 8,168. There are fifty-four election districts in the city of Troy. The total registration was 14,630. The total vote cast, 13,618. See testimony of Keith, 1232. 750 In support of the allegations of the answer Mr. Derby's counsel called the following witnesses, in the following wards : FIRST WARD. First District. Vote : Derby, 139 ; Collins, 168. Albert D. Hendry (pp. 1086-1090), Republican inspector of election; saw three illegal votes and one attempt at illegal voting; three persons voted on the names of others who subsequently came and voted ; men were taken into the booths by Demo- cratic watchers or workers who took no oath ; John McCauley went in with them, with seven or eight; did not know their names ; the illegal votes were received without challenge ; the repeaters were not arrested by any one; in all other respects the registry list was honest. (The witness does not testify who the alleged repeaters are, or that he saw them in company with any person, nor what their ballots were, nor what their politics was.) Edward Donahue (pp.. 1090-1095), Republican inspector of election; saw electioneering within 150 feet of the polls by a Democratic worker ; the board paid no attention to it; we drew out three names in the canvass, so as to make the number of ballots and the poll list agree. Philip M. Wales (pp. 1095, 1096), assistant post- master in Troy and is a Republican worker in the first district; saw electioneering by Democrats within 150 feet of the polls. (The witness does not describe what the elec- tioneering was.) 761 Henry Zahn (pp. 1096-1098), Republican poll clerk, saw electioneering by Democrats; (does not describe what it was); acted only from 12 to 1 o'clock. Second. District. Vote: Derby, 104; Collins, 213. . Albert Nash (p. 1156-1160), Republican inspector ; a colored man named Abe Anthony, who was regis- tered and offered to vote was challenged by Alder- man Mead, who said he would have him arrested and the policeman took him by the collar and put him out ; he was registered from the county-house ; saw James Haley, a Democratic inspector, open several ballots before they were deposited in the box ; don't know what ballots they were ; one man voted on another man's name; don't know what ticket he voted. Joseph J. Magill, (p. 1169), Republican inspector the testimony of this witness was similar to that of the last witness ; Haley said several times that he had not opened'ballots. H. 0. Ingalls, Republican poll clerk in the same district, gave similar testimony. ( Counsel for contestant are satisfied that a mis- take was made in rejecting the vote of the colored man and in the belief that he would have voted the Republican ticket are willing that a vote should be counted for Mr. Derby.) \ Third District. Stephen A. Winters (pp. 1099-1100) saw one repeater vote ; did not know how he voted ; he came there with some Dembcratic workers ; did not see him come with any particular person; the repeater did not converse with anyone in the room. 752 SIXTH WAED. First District. Duncan McNab, Jr., (p. 807-816, 823-827) was a Republican inspector; knew Police-oflBcer Blake, who was at the polling place a short time in the morn- ing and for a couple of hours in the afternoon; Blake was absent in the afternoon until about 4 o'clock ; Blake is reputed to be a Democrat ; about 4 o'clock there was a man in the booth who could not fold his ballots and Blake went in and assisted him ; witness asked Blake to get out, he did so, but went in again, the voter came out, but one of his tickets was miss- ing and we would not accept his vote ; Blake wanted us to give him another set and before we had time he snatched the whole unused ballots and spilled them on the floor ; he then attacked me with his club and knocked oflF my hat and struck my shoulder ; witness tried to clinch with him and they were parted; witness then went outside and returned in ten minutes, remained there after that when the sergeant came and replaced Blake by another oflBcer ; saw no electioneering done by Dem- ocrats during the day and saw no marked ballots ; a gentleman came in and received his ballots ; went into the booth and said he forgot a paster ; the board voted on letting him go out and get one and it was a tie; afterwardsa Democratic paster was dropped on the floor and the voter got it ; Blake said he would kill me and would show me who was running the place; besides the election officers. Policeman McChesney and Mr. Madigan, a Democratic worker, were in the room ; (it subsequently appeared by the testimony of Superintendent Willard that McChesney is a Republican). 753 On cross-examination the witness stated that Blake was under the influence of liquor ; did not know whether the man whose tickets were not accepted used the paster ; did not know his politics; about 226 voted ; do not know of any legal voter who was prevented from voting ; no trouble in the can- vass of the votes ; registry made up in legal form and it was a fair, honest registration. On redirect-examination he said that he did not see any man admitted who had no right to vote ; the paster ballot on the floor was dropped there by Mr. Reynolds, a Democratic inspector; there were a good may voters in the room at the time of the trouble ; the booths were filled, but after I got out I don't know what occurred ; don't know whether any man left the room on account of Blake's pres- ence; don't know that any person outside who heard the noise failed to vote because Blake was inside; this occurred between 4 o'clock and the closing of the polls ; a majority of the votes, by a large proportion, had been cast ; Blake came back about 2 o'clock and staid until the row; there was voting during that time and he had not inter- fered with anybody; when I came back the hour for stopping voting had arrived; the polls had closed. Charles G. Price (pp. 818-823, 827-832), Republican poll clerk in first district. This witness testifies to the same transaction about Blake as the last wit- ness ; he admits that a majority of the vote had been cast at the time of the trouble and that Blake was drunk ; does not know of any legal voter who was prevented from voting, and that Blake's attempt to get into the booth was only in one instance ; 95 754 thinks that the voter upon whom Blake intruded himself was not prevented from voting the ticket he wanted to; no inspector, either Demo- crat or Republican, urged Blake to go into the booth ; there was no diflBculty about the canvass of the votes; did not hear of the trouble having any eflfect upon voters; supposed that all voted who wanted to vote after the row occurred; two or three came afterwards who did not get' a chance to vote because the polls had closed ; 1 don't think the row was the means of keeping voters away but I heard that, the people were going to mob, the officer ; there was a pretty full vote for the regis- tration ; the district is about two-thirds, Democratic. "William A. Osterhout (pp. 907-919), a Republican worker in the first district, but resided in the third district, says that he saw Democrats soliciting votes within 150 feet of the polls ; Mr. Madigan was the man ; saw Mr. Madigan hand some money to one man; could not tell whether the man had voted; he went in afterwards and voted ; the money was handed him in the street ; they had been together not over twenty minutes ; could not tell who the man was ; I was in the middle of the street and they were on the sidewalk; the man was a stranger to witness ; during the day saw men go into M'adigan's saloon, which was a hundred yards or so from the polls; some of them came back to the polls and voted and some of them did not. On cross-examination the witness stated that he lived a good half-mile from the district; he was on the Republican working committee and was solicit- , ing votes ; did not know all the voters in the district nor one-third of them ; could not say that the man Madigan was talking with was not a resident of the 755 district ; could not say that the money was given for v9ting; did not know but he and Madigan had business dealings; it was in the public street ; Madigan's saloon is on the junction and but one block from the chief road to the iron works, and by day and by night hundreds and thousands of men pass that place ; a good many men go in a,nd out of that saloon ; it was so on election day ; wit- ness was in there on election day once or twice ; did not see Madigan giving money to any one in there ; did not see him give, the man a ticket ; could not say that Madigan was not changmg a bill for the man ; did not see anything unfair about the conduct of the election ; saw men peddling pasters within ten feet of the polls ; I was fifty feet from them and had pasters with me; did not know but that the man was a customer of Madigan's and had given money and Madigan was making change in return ; was paid five dollars for my day's work at the polls ; that is more than I could get at my trade, which is carpentering. The contestant's counsel deemed it entirely un- necessary to call any witnesses in regard to this transaction, as it was clearly evident that there was nothing corfupt or illegal about it. Men who purchase votes, as a rule, don't stand in the public streets and in the presence of scores of people openly hand them money. The transaction is entirely consistent with the theory that it was either a payment of money to a business manor a loan by him to a friend or customer. Fourth District. Anthony Pociorkowiski (p. 775-781) testified that he resided in' the fourth election district; that he is a Pole ; there are twelve or thirteen Poles in 756 the district; they are all Democrats; on elec- tion day he went with them into a saloon ; but did not pay them, or any of them any money, nor did anybody else pay them any money; they got their tickets there; they went there in a body; Keating, the alderman, gave the witness the tickets, and he gave them to the others ; no money was promised ; he owned a vacant lot, and Keating told him he would get ashes from Bur- den's mills to fill the lot ; some of the men told him they did n'ot even get a drink ; .they have not told him they got money ; Keating did not say that he would make it all right for the men ; he told him, " Tony, I make it all right with you ; I fill your place ;" I saw no money paid there ; it is customary for people in that vicinity who have vacant lots which are not filled to try to get them filled with ashes and refuse from the iron works ; Keating wanted me to get my Polish friends to support him for alderman ; the tickets I got were paster ballots ; I did not peddle tickets; had spoken to Keating about two years before about getting the lot filled ; I did not promise or give any money or anything that money could be got on ; none of the men got anything, except some of them got a drink ; did not tell the men before we went to the saloon that they could have the drinks if they wanted with him ; these men wanted to vote the Democratic ticket. So that this attempt to show that a body of Poles had been purchased proved to be a flat failure. The whole thing got down to proving that Keating, who was an alderman, had promised long before the election that he would try to get the witness' vacant lot filled, and evidently the witness reminded him of it on the day of election. We believed that Mr. 757 Derby's case was not built up on a very strong foundation, but hardly hoped to find that it had no greater support than " ashes." TWELFTH WAED. First District. James Smyth, Republican worker, saw election- eering within 150 feet of the polls by Democrats (the witness does not tell what the electioneering was) ; John Sheary seemed to be handling the Demo- cratic money; men came to the witness who are usually Republicans, and wanted money, and he did not give them any, and later saw that they went to Sheary, who was in a woodshed, and interviewed him, and they came out and voted ; Sheary is reputed to be a Democrat. On cross-examination he said he did not see Sheary give anybody a cent. Samuel B. Smyth (pp. 920-927) ; a man voted on the name of Frank O'Neil ; the genuine Frank O'Neil subsequently came and swore in his vote ; did not know how the other man voted ; did not see him in the company of any Democrat. Second Districts George Boucher (pp. 781-782), this witness swore that his son gave him a Democratic paster, and that he was not paid or promised anything for voting it. Third District. George Allen (pp. 795-807), inspector in the third district ; a Democratic inspector named Keenehan electioneered in the polls ; he assisted half a dozen voters ; somebody protested, and he stripped; it was a clean, honest registration. (See Keenehan's explanation later on.) 758 Fourth District. Bernard McGuire (pp. 787-795), Republican ii! spec- tor, fourth district; saw oflfieer Casey attempt co enter a booth with a voter; he was sent home after- wards by the sergeant ; he was intoxicated ; saw William R. Sweeney ^o into the booth with a man who had sworn he was disabled, but we did not accept his oath ; Democrats were going from one district to another; "Sure, they could not work unless they got away out in the fields ;" they tried to give out paster ballots inside, and both Demo- cratic inspectors and myself shoved them out; a man voted whom the witness thinks had no right to vote, but the man on whose name he voted did not vote when he came; the other swore in his vote; we had no fraudulent votes on the register to my knowledge. EIGHTH WARD. Fourth District. Edward Morrison (p. 1074-1081), Republican poll clerk; saw electioneering within 150 feet of the polls by Democrats (the witness did not describe what the eledtioneering was) ; alleged disabled voters were not all the time sworn ; at the time of the count a paving-stone came through the window ; took all the ballots I had and put them in my pocket ; the others did the same ; it is a Democratic district ; we continued the count when it became quiet; no disturbance to amount to anything during the day. Daniel J. Leary (pp. 1082-1086), Republican poll clerk ; before the stone was thrown in, the inspec- tors had ascertained the total number of votes cast ; there was no disagreement among them; did not alter the figures in any way. 759 MorriswiJie^cross-examinatibn, testified that there wai^^eofisiderable excitement in the ward among Democrats over a contest for ward oflSces ; there was no dispute in the board as to the number of votes cast for the several candidates ; knew of no Eepub- lican who was prevented from voting. On the rebuttal contestant's counsel called John J. Kennedy (pp. 1250-1253), who was one of the Demo- cratic inspectors in this district and who testified that at the time the stone was thrown the inspectors had counted the ballbts down to the oflSce of Mem- ber of Assembly and agreed as to the number of vot^s cast ; there was no dispute among the inspect- ors ; when the stone was thrown he and the others protected the ballots; the unvoted official ballots had been done up in a paper, tied and set aside ; no change whatever was made in the ballots. First District. Peter Curry (p. 1148), Republican poll clerk; did not see any electioneering nor any man assisted who was not disabled. John Murray (pp. 1103-1105), Eepublican poll clerk; saw one or two Italians assisted who claimed dis- ability of eye sight and also some others whom I think were not disabled ; they took the oath. Theodore T. Chase (p. 1149), Republican inspector; saw Democrats electioneering in the polling place (does not tell what the electioneering was), Peter Gorman of 19 Havermans avenue voted and he did not live in the district thirty days. (On the rebuttal, the contestant called Johh J. Kennedy, who testified that he knew Peter Gorman and that for more than a month prior to the election he lived in the barn in rear of 19 Havermans avenue.) 760 NINTH WABD, Third District. Fred. S. Cote (pp. 928-940), Republican inspector of the third district; saw electioneering done by- Democrats inside the polling place; one Myers handed a paster to one Quigley ; Officer Stapleton was around there; tried to put a man out; the officers toM him to keep quiet ; a man came to vote whose name was on the register and didn't vote ; saw Officer Stapleton have paster ballots in his hand; to the best of his knowledge about one-fourth of the voters claimed to be disabled. On cross-examination it appeared that Quigley is a Dem,ocrat ; that witness claimed that the officers had no right inside the rail ; the witness set up claim in regard to every man who alleged he" was disabled to pass upon that himself; no voter was interfered with in voting. [See also Stapleton's contradiction later on.] ELEVENTH WARD. First District. The coritestee's counsel undertook to prove here that one Parks, who was a Republican poll clerk, was forcibly ejected from the polls by a police officer, but it appearing by several witnesses, one of whom was a Republican inspector, that Parks was drunk and noisy and quarrelsome and that the Republican inspectors had to coax him to get out of the room and substituted another man in his place, the counsel agreed that all the testimony relative to the incident might be stricken from the record, thus leaving this district unchallenged. (See pp. 1246- 1247.) 761 Fourth District. Fred. Bloomfleld (p. 1137), Republican inspector; saw electioneering by Democrats within 100 feeit and in the polls itself and persons go to the booths with others who had not been sworn. On cross-examination he gave the names of but two persons and one of these claimed to be disabled. Contestant's counsel called some witnesses in rebuttal of the evidence given as to the city of Troy, and among them W. W. Willard (pp. 1232-1242), he testified in substance that he is superintendent of police; that the board of police commissioners is composed of two Republicans and two Democrats ; that prior to election he caused an order to be issued to the force and published in the papers (see p. 1234) by which the police officers were directed to protect inspectors in the undis1^urbed possession of the ballot-boxes, repress all improper interference with them and to protect the watchers in their legal rights ; that prior to the election and on one of the days of registration he received a telegram froin a Democrat, John J. Cassin, to the effect that a gang of men were coming to Troy to register and to watch them ; in company with other officers j Willard watched these men at the depot and intercepted them, he found them in company with one Dewon who was then in alliance with the Conway s formerly Democrats, but who were that fall supporting the Republican ticket — Henry A. Conway being the Republican nominee for Member of Assembly; the gang was compelled to leave the city. , John Keenehan (p. 1247), Democratic inspector in the third district of the twelfth ward; this witness was called to answer the testimony that he had been giving out paster ballots and had assisted 96 762 voters; he said that he did not give out ballots; ^early in the day he assisted some voters who swore to their disability and who selected him to go with them into the booths ; . he had no paster ballot with him. (Whether the practice is a judicious one or not, counsel are not able to find that there is any legal prohibition against the disabled voter selecting an inspector to assist him.) Michael Reynolds (p. 1124), first district, sixth ward, this witnebs testifies that the voter who was given a paster ballot in the room was given it with the assent of the board ; the board first objected but subsequently consented tohisliaving it; the Blake rumpus lasted about ten minutes; there were voters in the room while it was going on and they voted ; others subsequently came in ; there were about three minutes before the polls closed, during which no citizen appeared for the purpose of voting ; there was no disagreement as to the canvass of the vote. Thomas Stapleton (p. 1253), Democratic inspector, ninth ward; Cote, the Republican inspector, was excitable during the day; he insisted o.n putting people out, and put his hands on them and shoved some out or at least tried to. Robert Stapleton (p. 1254), was a police ofiicer in the last above-named district; Cote appeared as if he wanted to carry things his own way; when voters were offering to go in and vote he said they were not voters ; witness told him they were and particularly called his attention to a man named Pendergrass whom the witness knew lived in the district ; he told Cote to keep quiet ; he told him to keep quiet because of his conduct; Officer Ryan was there and neither of them gave out any paster 763 ballots or did any election work of any kind what- ever; persons did not accompany voters to the booths except as they had sworn to their disability. This disposed of the testimony as to the elec- tion' in the city of Troy. It will be noticed by the committee that of the fifty-four election districts in the city, testi- mony 'was offered as to but thirteen of them. The two principal of these was in the sixth and eighth wards, in one of which it appeared that a drunken police oflBcer, shortly before the closing of the polls, got into a rumpus with one of the inspectors and disorder prevailed for about ten minutes. It affirmatively appeared, however, that no voter was deprived of his vote and no citizen was prevented or intimidated from voting by this occurrence. In the other case, after the inspectors had completed the canvass of the Votes down to Member of. Assembly, some person threw a stone through the window and there was excitement for a time. The inspectors protected and preserved the official ballots before them until quiet was restored. Both the Republicans and Democrats testified that the ballots were not changed nor the result altered in any ^-espect. Both in this and the sixth ward all the inspectors, Republican and Democratic, agreed to the canvass, and signed the returns. Of the 13,618 votes cast in the city, less than a dozei| are challenged. , Five illegal votes are alleged to have been cast. In but one instance is there the slightest proof that an illegal voter was seen in company with a Democratic worker. Counsel for contestee will hardly claim that the other four votes should be deducted from the count for Mr. Collins. In view of the testimony of the superintendent of police of the bringing to the 764 city by allies of the Republican party of a gang of men to register, it would be pure assumption, and very bold assumption at that, in the absence of all eyidence, to insist that these alleged illegal voters whose votes were received in good faith by election boards equally divided politically, should be deducted from the Democratic candidate. Not a single case of the bribery or purchase of votes by Democrats in the city of Troy was proven, and but three attempts were made in that direction, all of which utterly failed of their purpose. To those who have been accustomed to hear that an election in the Democratic city of Troy was a saturnalia of corruption, false registration, illegal voting and gross irregularities upon the part of election officersi the record which this contest presents, must be a pleasing revelation, as it is a conclusive contradiction of the slanders which have been circulated by over-zealous partisans. The great body of the people of Troy exercise their constitutional right of franchise untrammeled anduneorrupted. They are an intelligent and law- abiding body of citizens. We, undoubtedly, have in the city of Troy, as has every communitj'-, large or small, men upon whom is unworthily be^stowed the great privileges of electors. It must be clear to this committee, as well as to every person who will examine the record of this case, that Troy is not afflicted to any greater degree than its sister municipalities with this class of citizens. Troy has stood the test of the prolonged and thorough investigation of its election methods, that was made in this case, fully as well as would any municipality of the State. Its good name and the character of its citizens have been splendidly vindicated by this investigation. Political oppo- 765 nents have themselves been compelled to do justice to the city and its citizens, reluctant though it may be. If it were possible to bring before this com- mittee any instances of illegal or corrupt acts other than those which it was sought to prove, the astute counsel for the contestee would have produced them. His agents were abroad through the city seeking proof of every wrong or mista/ke, whether large or small, upon the part of the Democratic organization, or Democratic election officers, that took place on the day of election. They have utterly failed to smirch the character of that organization, or of those officers, and the result of their drag-net efforts reminds us of the old story of the mountain that labored and produced but a mouse. The election boards in the city of Troy were composed of ten officers, five from each of the two political parties. These persons were appointed upon the nomination of the police commissioners representing the two parties, (See chapter 47, Laws of 1881.) In addition there were in attend- ance the watchers of both parties. The testimony offered by the contestee makes it clear, beyond the necessity of argument, that both the registra- tion and the election in the city of Troy, in 1891, were fair, honest and legal. Counsel respectfully submit as a result of the testimony that the following should be deducted from the votes cast and counted for Mr. Derby : Easton — first district : Osberg (bribed) 1 Easton — second district : St. Mary (non-resident) a,nd Deinocratic bal- lot drawn out • 2 76b Granville — second district : Roberts' district ; general bribery 153 Granville — sixth district : Non-resident 1 Green wicb — first district : Two non-residents 2 Kingsbury — second district : Two non-residents _, 2 Kingsbury — third district : Unquestioned purchased voter 1 Kingsbury — third district : Four purchased voters 4 Whitehall : , One ' non-resident, purchased voters and marked ballots 564 Lansingburgh — third district : Non-resident voted 1 Lansingburgh — seventh district : Undenied purchased vote 1 Hoosick — fourth district : Purchased vote 1 Hoosick — town of : Marked ballots for identification 32 Hoosick — eighth district : Bribery 150 Greenwich — first district : Two marked ballots 2 Easton — second district : Failure to open polls (to be stricken from both parties) Derby 180 767 Fort Ann— first district: Polling place where liquor was sold, whole poll should be rejected of both parties 102 Brunswick — fourth district : Whole poll should be rejected; Republican paster ballots with oflBcial ballots and general disregard of ofiicial requirements, 152 I Greenwich —first district : Bribery and gross irregularities 182 Petersburgh — second district : Fraud on voter 1 Total , 1,534 There are a number of other districts in which irregularities and violations of law have been shown. There should be deducted from Collins vote the following : ' Salem — third district : Non-resident voted 1 Troy — first ward : Colored man prevented from voting 1 Easton — second district : Poll rejected 86 Fort Ann — first district : Poll rejected 14 Brunswick — fourth district : Poll rejected 34 Troy — first ward : Illegal vote cast 1 137 768 Recapitulation. Derby vote to be deducted 1,534 Collins vote to be deducted , 137 Difference 1 ,397 Derby's plurality on face of returns 661 Collins' legal plurality 736 If, however, the committee should not agree with us in regard to throwing out the polls of Easton, second district; Fort Ann, second district, and Brunswick, fourth district ; in all 434 ; there is still 1,100 votes which should be deducted from Mr. Derby. The same districts would likewise not be deducted from the Collins vote leaving but three votes to be taken from his total which would place Mr. Derby in a minority of 470. LAW. In addition to the authorities cited and legal arguments before presented with reference to Fort Ann, Granville and Whitehall, counsel beg leave to here call attention to the cases and legal principles which we deem apf)licable to this proceeding. I. It will probably be admitted by our opponents that votes cast by non-residents of an election district, or by those who did not live in the district for the prescribed period, must be deducted, even if the parties did so by innocent mistake, or by being mis- informed as to their legal rights. Such is the law. Section l, art. 2, Constitution of tlie State of New York. 769 "Whenever it is shown that illegal votes have been cast for the candidate they should be deducted from his vote, and if by so doing the general result is changed the opposite candidate should be declared elected." Am. and Eng. EncyclopsBdia of Law, vol. 6, 352. II. The Derby vote in Whitehall should be entirely rejected both because of the bribery with which it is tainted and the marked ballots which were cast there. In Piatt V. Goode (Smith's Election Cases, 676), the rule applicable is laid down as follows: "These bribed votes should not be counted. Their accep- tance can only be avoided by applying the rule of law so well known and of such general adoption, that when illegal or fraudulent votes have been proved and the poll can not be purged with reason- able certainty the whole vote must be rejected." In Cushing's Parliamentary Law (p. 70, § 179), it is said: "Freedom of election is violated by external violation by which the electors are constrained, or by bribery by which their will is corrupted, and in all the cases where the electors are prevented, in either of these ways, from the free exercise of their rights, the election will be void without reference to the number of votes affected thereby." In Howard v. Cooper (Bartlett, 275), the rule is laid down as follows: "When the result in any pre-^ einct has been shown to be so tainted with fraud that the truth can not be deducible therefrom, then it should never be permitted to form a part of the canvass ; the precedents, as well as the evident requirements of the truth not only sanction but 97 770 call for the rejection of the entire poll when stamped with the characteristics here shown." It was competent for Mr. Derby's counsel, when the vote was assailed for bribery, to save as much as possible of it by the testimony of the unbribed voters. In Donnelly v. Washburn (Congressional Dig. of Election Cases, 1876-1880, p. 449, this rule was laid down : " The rule, undoubtedly, is in this country that where bribery, fraud or intimidation is so inter- woven with the vote of any precinct that it can not be eliminated from the aggregate vote with cer- tainty, the whole vote of the precinct may and perhaps should be rejected. The unassailed vote at other voting places would, however, still stand. Fraud and bribery do not vitiate what they do not impregnate." The marked ballots are a clear violation of the letter and spirit of the ballot reform law and should be rejected. The decision of the Court of Appeals in the People ex rel. Nichols v. the Canvassers of Onon- daga County (41 N. Y. State Rep., 713), disposes of the marked ballot question. In the prevailing opinion the court says : " We know that the prin- cipal mischief which the statute was intended to sup- press was the bribery of voters at elections, which had become an intolerable evil, and this was to be accomplished by so framing the law as to enable, if not compel, the voter to exercise his privilege in absolute secrecy. The primary aim and object was to enable the voter to cast a ballot for the candidates of his choice without the possibility of V y 771 I revealing, by the act of voting, the identity or politi- cal complexioii of the candidates voted for. When it was made impossible for the briber to knowhow his needy neighbor voted, the law-makers reasoned that bribery would cease. It is reasonable, there - ' fore, to assume that any construction of this statute which would permit ballots to be cast and counted, that contained any caption or word that would reveal the way the voter using them voted, should be avoided as contrary to' the true policy and intent of the law. The idea at the very foundation of the law was secrecy." - ' The cpurt then proceeds to point out the provi- sions intended to secure uniformity of the ballot, , and to throw safeguards around the secrecy of pre- paring and casting them, and referring to the cap- tion or indorsement on the outside of the ballot, the court says: "As it was the only part of the ballot to be closed to the observation of the election oflB- cers or the bystanders at the moment when the vote is offered, it was important to provide that it should contain nothing that could reveal taanyone the elector's choice." The court also says that while there was nothing in the record to show that the ballots in that case were intentionally or by any preconcerted arrange- ment diverted from one district to another, still that "however that may be, the important fact remains that every elector who voted one of the ballots thereby revealed his choice and the contents as fully and completely as if the party designated, or the political complexion of the candidates whose names appeared upon its face, had been madp a party to the indorsement, or was stamped in some other place on the outside of 772 the ballot. If this can be held to be a legal exercise of the right of suffrage and that the ballots thus cast are on the same footing as all the other ballots, then it is manifest that the Legislature has utterly- failed to secure secrecy in voting." The pin ballots in this case had a distinguishing ' mark on the outside and come within the reasoning and condemnation of the court in the Nichols case above cited, in which the court said: "Secondly, where there is a distinguishing mark on the outside, open and visible to all, which may not only be used to ikientify the voter wha cast it, but also serves to inform others at the time of voting of the contents of the ballot,, and thus defeat the object of the law in securing secrecy" * * * * "To allow it to go into the box might defeat the policy of the law, though the distinguishing mark was the result of accident or mistake." The puncture through the letter "0" on the Whitehall ballots informed every inspector or clerk, who knew anything of it, of the character of the ballot as fully as the transposed ballots in the Onour daga county case acquainted the officers with the like fact. But it will be said that it is a wrong inflicted upon honest citizens, and a great hardship to reject their ballots because of the mistakes or wrongs of election officers, or because some of th.e electors may conduct themselves in the exercise of their rights in an improper manner. That it is a hardship is conceded. But it does not follow that for that reason the language or policy of the law shall be set aside and ignored. The hardship jmust exist and be enforced in particular cases, in order that greater wrongs may not thrive and be encour' aged, and that sound public policy applicable to the 773 subject-matter may not be set at naught. The individual citizen, or a large body of citizens, may and undoubtedly will in some cases suffer practical deprivation of electoral privileges, by the enforce- ment of this rule, but its application is necessary in order that a still greater number may not^suffer, and that mistakes, irregularities and illegalities may not creep m and be sanctioned in our election methods so as to become general and demoralizing. The Court of Appeals says upon this matter of disfranchising citizens through the rejection of marked ballots: "That it would be far better that they should be deemed ineffectual, than that the fundamental purpose of an important public statute should be subverted and in the struggle to save these votes by judicial construction, the door should be thrown open for violations of the statute which might revive evils far more dangerous to the public welfare than can pos- sibly, under any circumstances, follow the ekclu- sion of a few hundred votes in a single county." We may also quote here the words of Pro- fessor Collin who was one of the framers of the new law: "The aim of the law was not to guarantee that no person should actually be deprived of suffrage. Its aim was to guarantee, so far as possible, that no dishonest or corruptly purchased votes should be cast, even though some honest voters might incidentally be disfranchised. This was the openly avowed and oft repeated declara- tion of the advocates of ballot reform, regardless of party." • ; "It is too late now to reverse the argument and insist that the incidental disfranchisement 774 of voters who have voted illegal ballots, is sufficient reason for nullifying the law in its most vital relations. That a ballot is identifiable when presented for voting goes to the very essence of the law, however slight the error whi(5h renders its identifiability may be, * * * " The gist of the legal argument, as it seems to me, is whether the departure froni^ the requirements of the law is such as tends to defeat the funda- mental purpose of the law. If so, the ballot and not the law is void, even though the particular bal- lot was voted with honest intent." Great is the ingenuity of partisan election officers and of party managers; Anxiety for the success of the party and its candidates causes men to wink at and often to devise methods for avoiding or over- throwing those provisions of the statute which secure to the elector both independence and secrecy in the exercise of the franchise. In this country the 'candidates for public office .represent the political party that has nominated them. In the conduct of the campaign leading up to the election, the party represents the candidate. They are both principals and both agents in their respective spheres. The candidate must be made to abide by the practices of his agent, the party intended for his benefit and to secure his election. If these practices are corrupt or illegal, he must be made to suffer, the consequences by deprivation of the fruits of the unfairly secured victory. In punishing him, the party is likewise punished. Now if we are not to have corrupt election methods throughout the State, if partisan election officers and party managers are not to be encouraged to devise and frame means by which 775 the independence and secrecy of the voter and the policy of the statute shall be made a mockery, then courts and legislative bodies must not only frown upon these practices the moment they are disclosed, but must discourage their continuance by depriving the interested parties of all benefits from the illegal acts. We know, that it will be said that these acts should be left to the condemnation of the courts and the guilty parties to punishment un^er the criminal laws of the state. But let us ask what is to be expected in this case from the relegation qf these parties to the courts ? "What is to be expected in the enforcement of the criminal laws in a county where the county judge holds an unrecognized term of the court at a time and place for which none has been fixed, for the purpose of naturalizing a large body of persons; from a district attorney who permits the use of his name to an illegal offer of a reward made by his political confreres ; from a county treasurer who violates the election law all through the day and dare not come before the committee to deny the fact ; from public ofii- cers as well as prominent citizens who do the same and participate in the bribery of, electors; from a body of men who have the entire adminis- tration of the civil and criminal machinery of the county in their own hands and who^ are the associates and abettors of the chief beneficiary of the illegal acts complained of ? To relegate the correction of the manifold abuses and evils that have been proven in Washington county to the courts and some of the public oflEicers of that county, would be but a mockery. It would be practically saying to the law- breakers: "You need have no fear of punish- 776 ment. You may do the same again without incur- ring the risk of confinement in the prisons of the state." No! Public policy, public justice demand the application of effective and warning punishment for these wrongs and the deprivation of ,the bene- ficiaries and of the party from the benefits which they thus illegally obtained. It is for the Senate, in this case, to apply the much-needed corrective remedy. Two years ago in a contest then before the Senate the learned coimsel who now appears for Mr. Derby made use of these words : " Shall technical rules of law be voluntarily invoked in order that justice be not done ? Or shall the people of our State be taught that the Senate sitting as a court, Legislature and executive, in such a case as this, will enact the righteous rule that a deliberate crime against the purity of our elections, the sacredness of our liberties shall be pun- ished to the limit of the Senate's power? The party that committed the wrong shall lose the fruits of their iniquity. The repre- sentative of that party, shall, with his party, fall, and shall be held accountable for his party's crime." Also, " I say the rule ought to be uhder such circumstances that the party that instituted the iniquity shall not alone have the districts tainted by fraud thrown out in the first instance, but that they shall suffer the extreme penalty and not be permitted to enjoy the fruits of the election, if the election depended upon the disputed districts." We commend these words to the favorable consideration of the committee. They are very appropriate to the case in hand. 777 It may be suggested that the statute (sec. 31 of the Ballot Reform Law) points out a method for disposing of these ballots, viz., their return, as marked, by the inspectors and the passing upon their validity by the court. Our answer to this is that the section contemplates judicial acti^on only when the inspectors have, in fact, made return of the fact that the ballots were marked. In this case no such return was made. The Democratic inspectors were undoubtedly unaware of the mark, while the Republican inspectors and ballot clerks would hardly certify to the facts. The provision referred to does not give exclu- sive power to the courts. The Senate is the judge in this, as in all other matters connected with the election of its members. Failure upon the part of election oflBcers to make return of marked ballots, either through ignorance or design, can not prevent the application of the law which was framed to secure the rejection of such ballots, nor the Senate from receiving testimony as to their" character and determining whether they were legal-ballots or not. III. As to the Fort Ann and Easton cases, where the registration was not conducted at the designated place, and where the polls were not open until con- siderably after the appointed hour, we say : " It is, of course, essential to the validity of an election that it be held at the time and in the place provided by law." McCreary on Elections, § 118. " The provisions of law which fix the time or place of holding electiqns are to be construed as mandatory and not as merely directory." Id. § 126. 98 778 The Supreme Court of Pennsylvania passed ppon this question both as to time of opening polls and as to place in Melvin's case. (68 Penn. St. 333.) Thompson, 0., Justice, in his opinion says : " Can it therefore be maintained in view of these provisions of law, that the places fixed for holding elections are merely directory, and may be disre- garded by the election oflScers without any other effect on the poll than that which takes place in kll regular defined districts. We assuredly think not, * * * A fixed place, it seems to me, is as abso- lutely a requisite according to the election laws as is the time of voting. The holding of elections at the places fixed by law is not directory ; it is manda- tory and can not be omitted without error. I will not say that in case of the destruction of a desig- nated building on the eve of an election, the election might not be held on the same or contiguous ground as a matter of necessity — necessitatis non habet legem. But then the necessity must be absolute; discarding all mere ideas of convenience." It was also held in same case that where an elec- tion was not opened until 2 p. m., the law requiring it to be' opened between 6 and 7 o'clock a. m., the return should be rejected. See also note to case in Brightley's Election Cases, p. 257, (This decision applies to second Easton district, where polls were not opened until after 10 a m., and to Fort Ann, second district, where place of registry was arbitrarily changed, and" query, why not by p^ity of reasoning to a case where the officials charged by law with the duty of designating a place, willfully designate a place which the statute 119 forbids them to designate ? It seems to us that thi^ applies to the first Fort Ann district, Comstocks). Time and place are of the silbstance of every election. ^ Dickey v. Hurlburt, 5 Cal.'343. Knowles v. Yeates, 31 Cal. 82. Disregard of mandatory requirements of election laws, or of merely directory provisions coupled with such actual fraud as makes the true result doubtful, is a ground for throwing out the entire vote of a precinct where there is no means of purgirig the poll. Bussell V. McDowell, 83 Oal. 70. "OflScers of elections and the people by whom they are chosen should understand that incom- petency, inefficiency and neglect on the "part of those conducting an election may entirely vitiate an election, and even the fair and honest voter be disfranchised thqreby. In this there is no real hard- ship. The voter must g^iard his rights in time ; if he neglects them and they be stolen away from him why should he coniplain ?" Per Thompson P. J., in Mann y. Gas- sidy, 1 Brewster, 11-61. In a case in which it is shown that in making the preparatory arrangements for holding an election, a reckless disregard of or a criminal carelessness as to, the directions of tbe law had been manifested such an election would be held void andillegal. Boileau's Case, 2 Pars. 503, 8. C. Brightley's Elections Cases 268. In the case of J. Carey and H. M. Twomley, decided January 27, 1871, which was a Contest for 780 a seat in the Assembly of this State, the report of the committee well says : " The public good is paramount to all private considerations ; and certainly there is no case where public good can be advanced more than by rigid adherence to the most stringent pro- visions of the laws governing our elections. * * * It is much more important to the people of this State that the voting should be regulated by proper laws than that either Mr. Carey or Mr. Twomley should hold his seat in this body. * * * It was the intention of the Legislature in passing this statute of 1870 to impose the strictest regulations in conducting elections. Your committee, therefore think it is only carrying out the intentions of the Legislature in holding all parties to a strict adherence to the provisions, of the election laws applicable to elections held in said city and county." Contested Election Cases in tlie-Assem- bly of the State of New York, p. 471. How apt and pertinent these words are to the reform ballot law? IV. The foregoing is applicable also to the election in the eighth district of Hoosick. V. Granville — Second District. The returns in this district have been eflFectually impeached. The committee will keep in mind the clear legal distinction which the authorities recognize between the setting aside of the return of an election and the setting aside of the election itself. 781 The returns are prima facie evidence only of the truth of the statements they contain, and so far as they concern the verity of the number of votes which are said to have been cast for a particular candidate. The returns may be impeached by showing corruption, fraud or irregularity upon the part of the election officers. The authorities are unanimous that when once a return is impeached it ceases to speak as a record, and the party claim- ing under it is relegated to other proof to show that he obtained either in whole or in part the votes claimed under it. This proof may be obtained by resort to the electors themselves. Now in this district so far as the Republican vote was concerned, it has been effectually impeached by the testi- mony of Roberts. Its character, as evidence of the number of votes honestly cast fpr Mr. Derby, has been destroyed. Therefore it became incumbent and was competent for the contestee to have proved his vote in some of the other ways, which are recognized by precedent and decision. This, strange to say, he has entirely failed to do. He has failed to call either a single elector who voted the Republican ticket or a single Republican officer to sustain a vote for Mr. Derby in that district. The return, so far as it speaks of the votes received by Mr. Collins, has been wholly unassailed, and therefore stands as proof that he received the number of- votes stated by it. VI. The blank ballots cast in the town of Hoosick, upon which were written fictitious names over the name of the regularly nominated candidate for justice of sessions, should be rejected. 782 It will be remembered that each party nom- inates a person for this oflSee, and that the two persons receiving the highest number of votes are elected, the law requiring two incumbents. A man who received 10,000, while andther hcd but five votes, if the two highest, would be entitled to the oflSce. It is an unimportant ofiice. It was natjaral and easy, therefore, with men who have corrupt designs in view, without any danger of having the nominee of their party defeated to c^use his name to be erased and other names or marks written thereon for the pur- pose of learning whether the purchased voters had kept their part of the bargain. All the ballots referred to were Eepublican ballots. If it was a somewhat isolated case, here and there, in a district, no attention might be paid to it, or it might be regarded as the mere whim of the voter ; but when it appeared in numerous instances throughout the town its purpose becomes evident. It was but a repetition of the Montgomery and Dutchess county cases. That it was prearranged is clear from the fact that the ballots turn up in widely separated districts of the town. John Doe and other meaning- less names were those which were written on the ballots. The General Term of the Supreme Court in the Dutchess county cases, just decided, expressed its views as to ballots similarly marked in these words : " Where a conspiracy is established to defraud, and some ballots containing a certain specified mark are shown to have been cast in pursuance ot such conspiracy, it seems to me that all the ballots containing such, specified mark ought to be thrown out of the count. It is utterly impracti- 783 ' cable to prove [an intent of each individual voter except "by the voter himself, and such evidence can not be compelled, as that would require him to tes-t tif y to his own guilt." VII. If contestee's counsel in spite of the undisputed proof that was given, even by Republicans, that Blake's conduct in the sixth ward did not affect or prevent the casting of a single vote, should still insist on dragging the rnatter before the committee, we have to say that it has no standing from a legal point of view. In American and English Encyclopedia of Law (vol. 6, p. 359), this doctrine is laid down : "It is not every disturbance or breach of the 'peace in the election district, or at the polls on the day of election, that will be considered as suflScient ' to set aside the election on the ground of violence or intimidation. The violence or menace must be of such a character that a ;nan of ordinary firmness would be deterred from attempting to vote, and the time and circumstances of its exercise must have been siich as to render it highly probable that the result was rendered uncertain." Much more might be added both by way of cita- tion of authorities, as a.lso by way of Argument; but this brief has already grown in volume beyond coun- sels' intention. In conclusion, counsel for contestant desire to say that they have asked no ruling, nor any decision of this committee which would violate any principle of right, justice or law. They ask nothing but a righteous enforcement of the law. The question of the purity of elections and of the independence of vpters, is a subject of the 784 gravest concern to the thoughtful citizen and the intelligent law-maker. The crying evils, the twin wrongs which were sought by the ballot reform law to be rooted out of our elections, were the domination practiced by avaricious and grasping employers over their employees by the exercise of the power of indi- rect intimidation and coercion in the matter of voting, and the corrupt debauchery practiced in the direct buying of votes. Thinking men looked upon these evils with feelings of alarm, and regarded them as threats to the stability of our free institutions. The gravest menace to the independence of the voter is the publicity of his ballot. The^ employer has always a powerful lever on his employee, and its use has in the past been a potent factor in carrying elections. It is an evil greater and more far-reach- ing in its effects than even bribery itself. To encompass the protection of the great army of common voters, to make them really independent freemen on election day, was one of the prime objects in writing this law upon our statute books. But unless strict obedience is enforced to both the letter and the Spirit of this, act, and the observance of its forms and methods, this law, instead of being a shield for the protection of the citizen will become, in the hands of unscrupulous partisans a powerful instrument to rob hirn of his independence. Minorities will be at the mercy of majorities, and dishonest and reckless officials charged with the duty of arranging for elec- tions will juggle away the dearest rights of the people; and unless faithful compliance to all of its provisions and its commands is insisted upon, this law will but keep the word of promise to the ear of the citizen while it breaks it to his hope. 785 We stand here for the purity of elections. We plead for the independence of the vpter. We ask a decision which shall vindicate this law in all its integrity and give full effect to its wise provisions in the attainment of the objects sought to be secured by its enactment. The manner in which the last election was con- ducted in many of the districts of Washington county, and several in Kensselaer county, amounted to a virtual nullification of the ballot law. Repub- lican -workers ran things with a boldness born of belief in immunity from punishment, and of a' determination to wrest by all means, foul or fair, the representation of the district from the Demo- cratic party. There was a "riot of contempt'" for its wholesome provisions by Republican oflBcials as well as workers. The voting places swarmed with their party workers. The wise requirements of the law, that the voter, within a distance of 150 feet; should be free from the importunities of party work- ers, was spurned and trampled upon ; in a district in which many laboring men voted the polls were not opened for hours after the designated time ; by a willful disregard of law we find sworn officials boldly designating a place for the election which the law forbade them to designate ; we find men high up in the counsels of their party openly bribing voters and not denying it. We find them robbing the voter of his independence by cunningly marking his ballot so it might be identified; and if this Senate, by its decision, shall put the seal of their approval on these methods then we may as well tear from the statute book this law and its handmaidensj the registry act and the corrupt practices act: 786 Says that eminent jurist, Judge Cooley, in Ms work on Constitutional Limitations : " To keep every election free of all the influences and surroundings which might bear improperly upon it, or might impel the electors to cast their suflrages otherwise than as their judgments would dictate, has always been the prominent object in American legislation." The ballot law is on trial herie. This is the crucial test, and the decision of the Senate in this case will determine whether it is to be a living, vital, eflFective measure of reform, or a useless, impotent abortion to be spurned and spat upon by those whose polit- ical creed it is to carry elections by intimidating the humble citizen and debauching the venal. , McCreary well says, "To hold these rules all mandatory! and essential to a valid election is to sujbordinate substance to form and the end to the means. Yet on the other hand to permit a total neglect of all the requirements of the statute and still sustain the proceedings is to forego the lessons of experience and invite a disregard of all those pro- visions which the wisdom of years have found conducive to the purity of the ballot-box. Rules and uniformity of procedure are as essential to procure truth and exactness in elections as in any- thing else. Irregularities invite and conceal fraud.". March 28, 1892. JAMES M. WHITMAN, WILLIAM J. ROCHE, Counsel for Contestant. 787 ADDITIONAL BRIEF FOR SITTING MEMBER. A point is raised in the contestant's brief which on the face of it is so trivial that I would hot think of answering it were it not that 1 am able to state some facts in connection with it that are most dam- aging to the contestant's cause, and I deem it my duty to lay them before the committee. In the contestant's brief at page 44, attention is called to the three sets of official returns in the custody of the Clerk of the Senate. These returns are from the five districts of Whitehall. One set was produced by the county clerk of "Washington county, a Republican ; one set by Rufus R. Davis, a Demo- crat supervisor from the town, and one set by Rich- ard A. Ohapin, the Democrat towfn clerk. These returns were placed in the custody of the Clerk of the Senate and have been there ever since. The contestant's brief, on page 44, claims that there is a mark on the Republican ballots attached to these returns. The mark is described in the brief in the following language : "The mark consists of a puncture or pin-hole made' with a pin or other sharp instrument through the letter ' ' of the \^ord ' of ' as it appears in the indorsement of the official ballot. It is apparent that this puncture was made from the face or inside of the ballot, etc." Counsel for the sitting member examined the ballots attached to these returns soon after they were introduced in evidence but could not discover any mark of any kind upon them, and not being able to anticipate what claim would be made we were obliged to wait until the brief of the contest- ant was placed in our hands. 788 The claim made is so preposterous and the char- acter of the evidence is so disgraceful that I do not wonder that the contestant's counsel were unwill- ing to reveal their position in respect to it until after the evidence was closed. That we had good reason to believe that the evidence that the ballots were marked was to be evidence fron^ the lips of witnesses whom we could cross-examine is shown by the statement of the contestant's counsel, Mr, Whitman, to be found at the close of the testimony of Rufus R. Davis. The .page on which it appears was not marked by the stenographer, and I am not therefore able to refer to it by page. Mr. Whitman said: " Returns offered in evidence. We have proof to show that marked ballots were used in the town of Whitehall, and we desire these different returns from the town of Whitehall placed in custody where they can not be tampered with until we get that evidence. The three ; the original ; those in the Town Clerk's oflBce, and those of the County Clerk." This was said after the supervisor and town clerk and county clerk had been sworn and produced the three sets of returns in tlieir possession. It will be observed that Mr. Whitman said that he desired the returns to be kept in safe custody until he could get " that " evidence. We naturally supposed that " that evidence " referred to evidence other thtin the returns themselves. No such other evidence was offered, and it was not until his brief was handed to us did we know what was claimed respecting the Whitehall returns. All I have to say on the subject is this : First. There is not the slightest evidence that the ballots deposited by voters had any such \/\. 789 mark upon them as the ballot attached to the returns. Second. There is evidence that the pin-hole on one of the ballots returned was made after election and after the ballot was attached to the return ; that is to say, there is evidence the pin-^hole was made by some one acting in behalf of the contestant. Third. There is evidence that three Eepublican ballots taken at random from those voted in one district had upon them no such mark. If these facts are proven then it is evident that someone acting in behalf of the contestant after election made these marks, and selected so slight an one in order that it would .not be detected by counsel during the progress of the inves- tigation, so that the sitting" member should have no opportunity to offer any testimony on the subject; and yet the scheme was to make a mark large enough to be seen after attention had been called to it. This is a sorry commentary on the action of the contestant's counsel in refusing to reveal to the committee or to counsel for the sitting member what their claim was in this particular until after the evidence was closed. Now for the proof of my statement that the mark on at least one of the ballots returned was made after election. I refer to district number four, town of Whitehall, indorsed as filed with E. A. Chapin, town clerk. Mr. Ohapin iS a Democrat and produced the returns, and after he produced them they have been continuously in the custody of the Clerk of the Senate. The Republican ballot on this return was pasted down throughout its length close to the return so that it can not be separated from the return without tearing it. The pin-hole in the letter 790 "0" of the word "of" shows on the ;face of the return, and it extends 'through the sheet of paper upon which the ballot is pasted, which sheet of paper contains the certificate of the inspectors of election. So that the pin-hole was made after the ballot was attached to the return and the pin was driven not alone through the ballot itself, but clear through the return sheet as well. Inasmuch as this ballot could not be punctured from the back it was evidently punctured from the face. The attention of the committee and of several Senators and others were called to this fact when it was discovered on the afternoon of March 30, 1892, by myself and Mr, Arnold, my associate. The contestant's counsel is in error in saying that it is evident that the puncture in the other cases was made from the face or inside of the ballot. An examination of the other ballots punctured will re- veal the fact that the puncture was made from the back of the ballot and not from the face ; so that the rough side of the puncture would be inside and had it existed in any ballot would have been nearly obliterated by folding the ballot and could not be felt from the outside. It will occur to the committee at once that no such childish scheme would have been thought of by the Eepublicans for the reason that the mark could not be seen without close examination, and in addition the boards of inspectors in Whitehall were Democratic, having Democratic chairmen who deposited the ballots. It is inconceivable that Re- publicans should have marked ballots for the pur- pose of letting the Democratic chairmen of the board of inspectors know who were voting the Re- publican ticket. 791 There is also proof that at least three ballots taken at random from one district did not bear this mark. The criminal who punctured these ballots was not bright enough to think that possibly some official Kepublican ballots might be returned as defective, but such was the case. ^ In district number two, attached to the returns filed with the county clerk are three Eepublican ballots returned as defective. They contain paster ballots pasted, upon the back of the official ballot, and these three official Republican ballots are not marked with the pin-hole mark in question. The one who did the dirty work did not discover these ballots attached to the ballots returned, and neg- lected to puncture them. Is not this enough to disgust this honorable committee ? I wish to make a single suggestion concerning a point of law. Assuming that in a contested election case fraud or bribery has been shown in a given district, the idea that one-half of a poll shall be rejected and oncrhalf retained is without precedent, authority or reason. When fraud or bribery is shown in a given district sufficient to render the result of the election unknown, that vitiates the return and the entire poll must be rejected, not one-half. The vote fo;- one candidate can not be rejected and the vote for the other retained. Such a method does not lead to an approximation of the truth but leads to a result far more likely to be false than the discredited return itself. No such absurd thing was ever done in any case. (See sec. 499 et seq^ Paine on Elections and cases there cited, and sec. 534 et seq, McOreary on Election^.) G. B. WELLINGTON, of Counsel for Sitting Member.