in this county ten miles south of this place-Lanier's precinct, in Madison County, Alabama. Q. How long have you lived there?-A. Eleven years, sir. Q. Where did you come from when you moved there?-A. I came from Clarke County, Ohio-Springfield, Ohio. Q. Is it not true that you have purchased and now own forty to fifty thousand dollars' worth of real estate?-A. I don't know what it might be worth, but I own sixteen hundred acres of land there. Q. Were you one of the inspectors of the election at Lanier's precinct, November 2, 1880-A. Well, I was appointed to be there as, I believe, overseer-supervisor of election. Q. What time did yon get to Lanier's, the polling place?-A. I went there before six o'clock in the morning. Q. At what time were the polls opened at that box?-A. The polls were opened at about half past eleven, or, probably, near twelve the voting commenced. It was eleven before there was any voting done; there was some dispute or some trouble as to the registrar. Q. Who were the inspectors who held the election at that box?-A. The inspectors were William F. Baldridge, William M. High, and Frank Horton. Q. William F. Baldridge and William High are white men and Frank Horton is a colored man ?-A. Yes, sir. Q. What are the politics of William F. Baldridge and William M. High and Frank Horton; were they or not Wheeler men and Democrats?-A. To the best of my knowl. edge, they are; yes, sir. Q. Who were the clerks of the election at Lanier's box?-A. Burwell C. Lanier, jr., and James McDonnell. Q. What are the politics of these two clerks?-A. I believe they were Wheeler men. Q. Who was the returning officer at Lanier's box?-A. Burwell C. Lanier, sr., the old gentleman. Q. He was a Wheeler man and a Democrat, was he not ?-A. Yes, sir; to the best of my knowledge. Q. Did the registrar of that precinct attend the polls on the morning of the election?-A. No, sir. Q. Who was appointed in his stead?-A. Archie McDonnell, sr. Q. Is it not true that Archie McDonnell, sr., was a Democrat and Wheeler man A. Yes, sir. Q. Is it not true that Lanier was a new precinct or voting place?—A. Yes, sir. Q. This is the first election held there, is it not?-A. Yes, sir. Q. You say that the registrar of that precinct didn't attend that morning; what is his name?-A. His name was Blunt Matkins. Q. Is it not true that he is known as a Democrat and Wheeler man?-A. Yes, sir. Q. Did he come during the day?-A. He came about two-two o'clock in the afternoon. He was sent for. (Record, page 174.) Q. How did you understand he was engaged during the morning of the election ?— A. Well, I understood that as men came there (hands from their plantation) every one asked, “Did you see anything of Blunt; is he coming?" And they answered invariably, "He has gone hunting. (Contestee objects to eliciting hearsay from the witness, and to answering questions which were at best merely a point of hearsay.) Q. When the voting began did or not the inspector, William F. Baldridge, challenge any votes ?-A. Yes, sir. Q. How many did he challenge?-A. Well, I judge he challenged about three out of five. Q. Was these men whom he challenged known as Lowe men or Wheeler men?— A. Well, that I couldn't just say, whether they were or not, but they were judged to be Lowe men. Q. You say you think he challenged about three out of five ?-A. Yes, sir; I am satisfied he challenged that many up to the time that Matkins came. Q. When he would challenge a voter what would be done?-A. He would simply read them the oath that was there. Q. Did Mr. Baldridge do the reading himself? A. Yes, sir. Q. Did he read rapidly or very slowly?-A. He read very slowly, sir; very tedi ous. Q. How long has Mr. William F. Baldridge been living in that precinct?—A. He has lived there eleven years-just as long as I have. Q. Isn't it true that he is well acquainted with the people living in that precinct ? A. Yes, sir; I think he is as well acquainted as any man there. Q. Were these men that he was challenging strangers to him?-A. I think they were all well known to him. Q. It is true, is it not, that Mr. Baldridge is a planter in that precinct, and well acquainted with the people of that precinct?-A. Yes, sir; those that he did not challenge were such that, for instance, the Laniers, or Mr. James McDonnell, one of the clerks, or myself, could recommend. Q. Were you present at the time the ballots were received?-A. Yes, sir. Q. Did or not any voter come up to the polls and hand to the inspector six or seven ballots twisted or folded together?—A. No, sir; I paid particular attention to that. Q. If a voter had brought a roll of ballots as I have described and handed them to the inspector, would you not have noticed it? A. Yes, sir. Q. After the polls were closed did the inspectors begin to count the vote immediately?-A. No, sir. Q. Did the inspectors remain at the house where the election was held, with the ballot-box?-A. No, sir. Q. What did they do and where did they go-A. Mr. Baldridge went home, Mr. High and Frank Horton staid there. I took charge of the box. Q. Where was the election held; in what house?-A. It was held in the outhouse or rear end of the smith-shop. Q. After the polls were closed was the ballot-box kept in that house?-A. No, sir. Q. Where was it carried?-A. It was carried to Lanier's store, close by. Q. Who carried it there ?-A. William M. High. Q. Did you and the other inspectors go to the store at this time?-A. Yes, sir. Q. Did the inspectors all go into this store?-A. No, sir. Q. Who went into the store ?-A. William M. High went into the store. Q. And carried the box in ?-A. Yes, sir. Q. Where, then, did Mr. Baldridge go?-A. He went home. Q. Where did Horton go?-A. He staid there at the store. Q. Where did you go?-A. I staid there at the store for a while. QYou and Horton, then, staid there, and Baldridge went home; where was High at this time?-A. He came out of the store again and was with us for a while; he had gone into the store and deposited the box, and came back again. Q. Did you or Mr. High go to supper?-A. Yes; we went to supper after that. Q. Who was left at the store with the ballot-box?-A. John Lanier. Q. Is he the storekeeper?-A. Yes, sir. Q. He was not an officer of the election, was he?-A. He was, I believe; I think he was a marshal that day, appointed by the Government. Q. Is it not true that this John F. Lanier was a pronounced Democrat and a Wheeler man?-A. Well, I could not say as to that; his politics were rather mixed; but I rather think he was then, at this last election, a Democrat. Q. How long did you and Mr. High remain away from the store and at supper!A. I expect it was nearly two hours; were away a long time. Q. Did or not you and Mr. High go to the store after supper to get the ballot-box! -A. Yes, sir. Q. Who went with you?-A. Mr. Burwell Lanier, Mr. John Lanier, and Mr. Clint Lanier. Q. Who unlocked the store?-A. John Lanier. Q. Did you get the box ?-A. Yes, sir. Q. Where was it then carried?-A. It was then carried by Mr. High to Mr. Burwell Lanier's house, in his parlor. Q. And then in his parlor did you proceed to count the vote?-A. Yes, sir. Q. Was William F. Baldridge then present ?-A. Yes, sir. QDid he or not rejoin you at the store when you went for the ballot-box ?—A. He did. Q. What kind of a box was that ballot-box?-A. It was a little wooden box, a little candy-box formerly, with a lid on top that could open and shut by sliding the top in grooves. sir. Q. Did it or not have upon it any lock?-A. No, sir; it didn't have any lock. Q. When the ballot-box was left at the store, was it or not in such a condition that the top could have been pulled off?—A. It could have been very easily pulled open; that is, the lid could. Q. When you proceeded to count the ballots in Mr. Lanier's parlor, who was present-A. The inspectors of the election and the clerks were present, and there was also present another colored man, Alexander Kelley, and myself. Q. Was the box then opened in the presence of these men?-A. Yes, sir. Q. And the inspectors proceed to count the vote?-A. Yes, sir. Q. Were or not any ballots found in that box rolled or twisted together?-A. Yes, sir; there were. Q. What kind of ballots were they-Wheeler ballots or Lowe ballots?-A. Wheeler ballots. Q. How many were rolled in a bunch?-A. Well, to my certain knowledge there were two bunches, they then were that were. In one there were six; in one there were seven; there were several that were two or three; there were several other bunches that had two or three in them. Q. These tickets so in bunches were all Wheeler tickets, were they not ?—A. Yes, sir; two bunches were Wheeler tickets. Q. You mean the two bunches, one containing six ballots rolled together and the other containing seven ballots rolled together?-A. Were all Wheeler ballots; yes, sir. Q. Who took the ballots out of the box and called them out to the clerks ?-A. Mr. Baldridge took out the greatest part of them, and Mr. High took out some of them. Q. Were or not this bunch of six tickets and this bunch of seven tickets all counted for Wheeler?-A. They were all counted. Q. After the ballots had been counted how did the number of ballots compare with the number of names on the poll-list?-A. There were eleven more ballots then there were names. Q. Who cut the hole in this ballot-box through which the ballots were put into the box-A. I did. Q. How large was it?-A. Half an inch by an inch. Q. Were all the ballots which were in the box counted?-A. Yes, sir. Q. And then it was ascertained, was it not, that the number of ballots counted exceeded by eleven the number of names on the poll-list?-A. Yes, sir. Q. Then what was done for the purpose of reducing the ballots so as to make it correspond with the number of names on the poll-list?-A. There were then nine of those ballots were then counted to the Republican side and two to the other. Q. You mean that they deducted nine votes from the Democratic side and two votes from the Republican side?-A. Yes, sir. Q. And in that way made the number of ballots correspond with the poll-lists ?—A. Yes, sir; that is how it was done. Q. This process of making the number of ballots correspond with the poll list took from General Wheeler and the Democratic ticket nine ballots, and took from the Republican ticket and Colonel Lowe two ballots ?-A. Yes, sir. Q. Were not all of the inspectors present in the counting of the votes Wheeler men? A. Yes, sir. Q. What reason did they give for taking nine ballots from Wheeler and two from Lowe for the purpose of equalizing them -A. They gave as a reason that Wheeler's majority was so much the greater. Q. The vote had been counted at this time so as to ascertain that his majority was greater?-A. Yes, sir. Q. They gave no reason except this?-A. No, sir. Q. Who proposed that the vote should be equalized in this way?-A. Well, I couldn't positively say who proposed it. They asked me what I thought about it. I told them that I thought they ought to be pretty lenient to Colonel Lowe, as those two wraps that were in there were Wheeler votes. Q. And they made this concession without complaint?-A. Yes, sir. Q. Are you or not well acquainted with the voters of Lanier's precinct ?—A. Well, I am not very well acquainted with them. As a general thing they were nearly all colored voters. Q. It is true that you were well acquainted, is it not, with the white voters of that precinct, and with many of the colored voters?-A. Oh, yes, sir. Q. From your knowledge of the voters of that precinct, and their politics, judging from their expressions before the election, and from all means of knowledge that you have, how many Wheeler men reside in and voted at that precinct?-A. Well, I did think, and think so yet, that 40 would have been an extremely high estimate of them. Q. Did or not the inspectors, in your hearing, express surprise at the result after the vote was counted?-A. Yes, sir; all did. Q. Did or not the electors who were best acquainted in the precinct express great surprise at the result?-A. Yes, sir. Q. How many white voters are at the precinct?-A. About twenty. Q. I shall now read to you the poll-list of Lanier's precinct kept by the clerks of the election on November 2, 1880, and I'll ask you to keep a tally of the names whom you may know to be those of whose men as I call them, and then answer how many white men are recorded upon his poll-list?-A. Sixteen is what I recognize. Q. Were the ballots as they were received put through this hole the top of the box which you have described?-A. Yes, sir. Q. Referring to the bunches of tickets, 6 in one bunch and 7 in another, which you have described as have been found in the box when it was open, could those bunches or rolls of ballots been passed through the hole in the box which you have described? -A. No, sir; not in the form which they were found in the box. Q. According to your best judgment, how many Wheeler ballots were cast that way? (Contestee objects to questions asking for the judgment of the witness as to how many ballots were polled.) A. Well, I judged then, and do still think, that there was-that fifty would have been the whole amount. Q. Isn't your best judgment that fifty would have been a liberal estimate of the entire strength of General Wheeler at that box?-A. Yes, sir. Q. How do you account for the fact that when the ballots were counted out that only fifty-six ballots for Colonel Lowe, and one hundred and fifty for General Wheeler ?A. I cannot account for it only by my judgment. Q. Give me your best judgment as to how it occurred.-A. My judgment is that the ballot-box had been tampered with while we were in to supper. Q. Were these clerks, Burwell C. Lanier, jr., ane James McDonnell, competent clerks? -A. Yes, sir; I think they were. Q. Are they not young men of good education?-A. Yes, sir. Q. And who write well?-A. Yes, sir. (Record, page 176-77.) On cross examination by the contestee he said: Q. You state, I believe, that the ballot-box was carried to the store and you were along with it?--A. Yes, sir. Q. It was then carried in the store, and before you left it was locked up in a room in the store?-A. It was carried in the store, but where it was put in the store I didn't know until I saw it taken out. It was carried in the store. Q. When you saw it taken out, it was taken out of a room that had a lock on it, was it not?-A. Yes, sir. Q. It was taken out by Mr. High, was it not?--A. Yes, sir; I was by when he took it out. Q. Do you understand Mr. High to have the key to that room?-A. I expect that he had the key from the fact that he went there by the door and unlocked it. Where he got the key I don't know. I know he unlocked the door and had the key in his hand, and just reached in his band in the dark and took the box; took it on his arm, and we went up to the house. When I say "in the dark" I didn't mean that he was in the dark, but that the room that he got the box out of was dark. Q. This John F. Lanier that was in the store was a marshal at the election that day, was he not?-A. Yes, sir. Q. This man John F. Lanier, who was a United States marshal, was the only man left in the store, was he not?-A. Yes, sir. Well, he had some customers in the store; the store belongs to him. He came to supper, too, but he didn't go with us; he came up when we were nearly through supper. Q. When you returned from supper it is true, is it not, that you went down with Mr. John F. Lanier, and you saw him open the store door? Was anybody in there when you opened it?-A. No, sir. Q. Then you saw Mr. High go to the store-room and unlock that door, and take out the ballot-box?-A. Yes, sir. Q. And then you went with Mr. High to Burwell Lanier's house?-A. Yes, sir. Q. And there, in the presence of the inspectors, and in the presence of the clerks and a colored man by the name of Kelly, in addition to the man Frank Horton, the inspector, the ballots were counted?-A. Yes, sir. Q. Nothing could have been done with the ballot-box while going from the store to the house?-A. No, sir; there was nothing done there. Q. It is true, is it not, that the only place that any tampering could have been done to the ballot-box was while it was locked up at the store ?-A. Yes, sir; that is the only time. Q. What makes you think that the colored man Frank Horton, whom you thought was a Republican up to November the 2d, is now a Democrat ?-A. Up to November 2 I didn't know Frank Horton at all. It was on that day he was inspector, and why I thought that day he was a Republican was why I knew the others were Democrats, and I thought they put him there as a Republican inspector. Q. What has made you think since that he was a Democrat?-A. Simply that I have heard of him being accused of stuffing votes into that box. When I said it would be very strange that Frank Horton, a Republican would stuff the box with Democratic tickets, they said that he was a red-hot Democrat, and from that what I learned that he was a Democrat. Q. It is true, is it not, that Frank Horton cannot read or write?-A. I do not think he can. I did not see him take any part; he just sat there-did not do anything. William H. High, one of the inspectors at Lanier's, and witness for contestee, testified: Q. When you put the ballot-box in the side room at the store and went to the house what persons did you leave about the store?-A. I left John F. Lanier and several negroes. John F. Lanier came on to supper shortly after we got there, and was there with us. (Record, page 557.) Extract from deposition of Lowe Davis: Q. What time did you get to Lanier's on the day of the election?-A. I believe it was about eight or half past eight o'clock. Q. Was the register of that precinct, Mr. Madkins, there?-A. No, sir; he was not. Q. Did you and others make any effort to get the polls opened? If so, state fully what you did and what occurred in that respect, telling who assisted you, and what assistance they rendered, and what obstructions, if any, were offered by the inspectors, and how it was you succeeded in getting the polls opened.-A. Upon arriving we found out that Mr. Madkin, the register appointed, was not present; we waited for him some time, and finally concluded that he was not coming at all; we then went to where the inspectors intended to hold the election and requested them to appoint another registrar. Mr. Baldridge, one of the inspectors, declined to do so, stating that he had no authority. Mr. R. H. Lowe then procured a copy from Mr. Clint. Lanier of the Code of Alabama, and read the law in regard to the appointment of a registrar from that; he (Baldridge) still objected, though stating that he was a States-rights man, and would not go by the United States statutes. The construction that he put upon the code was not the one that he put upon it. He did not think that he had any authority whatever to appoint another registrar or an assistant registrar. Mr. Burwell C. Lanier, sr., then insisted to quite an extent; and, finally, after Mr. High and Horton, a colored inspector, had consented, Mr. Baldridge appointed Mr. McDonnell, an old gentleman about seventy years of age, as assistant registrar. Q. When the polls were finally opened after the registrar was appointed, did the inspectors, or any one of them, make any objection to Mr. Archie McDonnell, sr., having assistance in writing out the certificates of registration ?-A. Mr. Baldridge did. Q. Did he or not claim that Mr. McDonnell should write them all out himself?-A. He did; we saw that it was impossible for Mr. McDonnell to do that; at least we thought so, as there were no blanks furnished by the inspectors or in possession of the registrar. Q. And did some of you insist upon helping Mr. McDonnell ?-A. Yes, sir; we did. (Record, page 190.) Q. Did you or not have an opportunity to observe the manner of the distribution of the ballots to the colored voters and who was distributing them?-A. I did. Q. Who did you see distributing ballots, and who did you see, if any one, preserving a tally or score of the voters who received the ballot and went forward to vote ?-A. I frequently during the day went down to where the negroes were going in to vote. I saw at that place Pope McDaniel, I think his name is, keeping a tally-sheet of the men who voted for Lowe, and also another colored mau distributing tickets. Q. Who was this colored man distributing tickets?-A. I have forgotten his name; Wallace something. Q. Have you or not seen this other man who was distributing tickets here to-day, being examined as a witness?-A. Yes, sir. Q. Wasn't his name William Wallace ?-A. I think it was, sir. Q. Isn't he the man who is sometimes called Wallace Toney?-A. Yes, sir. Q. You recognize the man as the man who was distributing the tickets?-A. I do. Q. Was there or not any action on the part of the inspectors as the voters went up to deposit their ballots that indicated a disposition to delay their election?-A. There was. Q. State fully what occurred in that connection.-A. The electors, after they had received their certificates of registration, would go to the polling place, and every one that voted while I was present, and I saw a great many vote, were challenged, to the best of my knowledge. Q. How near were you to the inspectors, looking on, at the time you saw these men challenged?-A. About thirty yards; probably not that far. Q. What could you see?-A. I could see the elector walk to the box or where they were polling the votes and offer his ticket, holding it in his hand; some would remain there for two or three minutes with the inspectors. I heard them swear a good many of them. Q. There seemed to be some delay in the receiving of all the ballots that you saw received-A. Yes, sir. |