polls are closed." After that there were no more votes taken, and we stopped some considerable time in the room. I do not know how long.

Q. Where was the box all this time after the polls were announced closed?-A. Mr. Flewellyn was standing with his hand on it.

Q. Was the box at any time removed from the public view while in the room ?—A. It was.

Q. State when and how long.-A. During the time he had his hand on the box the question arose: He said, "Boys, it may take us all night to count these votes, and as I have supper prepared for six we had better get it." Then he said, "We need a tallyman; we had better fix that up before supper." Then arose an argument between him and me about it; and I asked him who would that be. He said that was left to me; that he was looking out for himself, and I must look out for myself. At that time Sam Reid touched me and I started out in the little anteroom, and I heard a rumbling behind me and I noticed back to see what it was, and it was the box falling under the table, and I stood in sight and talked to Mr. Reid perhaps about a quarter of an hour before it was picked up from the floor and put on the table. At that time Mr. Reid and myself had decided to let Walls come in and keep tally. Flewellyn objected to it and picked up the box and walked out, and when he got outside of the door he gave it to Virgil George; and Virgil, and Flewellen, and Sam Reid, myself, Sam Tucker, John Bevill, and Dr. Carew, and Jack Trapp marched out for Mrs. Burk's boarding-house. I went with them to within about fifty yards of her door; myself and Sam Reid stopped and we talked there perhaps ten minutes; the others went on with the box. After that myself and him went to the boarding-house. Jack Trapp was standing on the piazza outside of the door and Mr. Reid told him that he did not regard his badge; that he did not belong there and had better get away. I had an invitation in with them to supper, and as I passed in through the door to the supper-room, on the right of me as I passed in, I saw Virgil George sitting by the side of the door with the box in his lap, and the other inspectors were in there with him. I went on by the door about thirty feet further and on the left I went into a room, and had been there about ten minutes and Virgil George came to the room where I was and left the box behind him. In about ten or fifteen minutes afterwards Mr. Flewellyn came to the room where Virgil and I was and brought the box with him. He says, "Hurrah, boys, we must get back."

Q. You said in your direct examination that after the polls were closed the ballotbox was for a time concealed from the public view. Will you state when, how long, and how that was?-A. During the time what I called concealed it was from them outdoors, but not from those in the house. It was about fifteen minutes, more or less. I had no watch.

For contestee:

J. R. Flewellen swears:

Q. What was done with the ballot-box when the polls were closed, and afterwards, until the votes were canvassed?-A. At sundown I closed the polls, after having given fifteen minutes beforehand. The ballot-box remained on a goods box, which served as a table, with the open side down, until dark; then I took it up in my arms, while we had two lighted candles in the room, and gave it to the Republican inspector, and closed the window of the room that we were then in, and the inspectors together went out of the door and went a distance of about a hundred yards to supper at a boarding-house, the said inspector retaining the ballot-box. While the Democratic inspectors were at supper the Republican inspector was seated in the same room with the box. After the Democratic inspectors got through eating I went with Republican inspector to another room, where his supper was served; then he gave me the ballot-box, and I held it immediately in his presence until he got through eating; then I gave the ballot-box back to him, and Mr. S. D. Reid, the other inspector, joined us, and we went back to the room where the election was held, and in the adjoining room, with the door wide open, and four candles burning, I announced that we would then commence the canvassing of the votes, which we did.

Q. State whether or not the ballot-box, from the time the polls were closed up to the time the inspectors went to supper and carried it, was exposed to the public view. -A. It was.

Q. Were there others in the room during this time under the inspectors, and were any of them Republicans ?-A. There were two supervisors, one a Republican, the other a Democrat, and the clerk, in the room during the entire time.

Q. Was the ballot-box at any time, from the closing of the polls to the time it was taken by the Republican inspector, Virgil George, put or thrown under a table ?—A. It was not; there was not a table in the room.

Q. Was there not a little table occupied by the clerk -A. there was a small candlestand; not much larger than the paper on which this testimony is written.

Q. Was there any attempt made by you, or any of the inspectors, at any time up to

the closing of the canvass and the ascertainment of the result of said election, to conceal or tamper with said ballot-box?-A. There was not.

Q. State whether or not, so far as you were concerned, and so far as your observation extended to the other officers of the election, there was an earnest and honest effort to comply with the election laws at said election at Arredonda.-A. We tried in every respect to go by the election laws. We had them with us, and complied with them as well as we knew how.

Sam D. Reid swears:

Q. Were you present at the closing of the polls on the day of election at Arredonda ?-A. I was.

Q. What disposition was made of the ballot-box ?-A. It was in the custody of the inspectors, and in full view of the voters.

Q. What was the size of the room where the election was held?-A. I suppose it to be eight by ten, and may be ten by twelve.

Q. State whether or not you saw the inspector Flewellen throw the ballot-box at any time under the table.-A. I did not. There was not a table large enough for the box to have gone under in the room. The only table in the room was a small toilet table, the construction of the legs of which was such as that a box could not have been put under it.

Q. State whether or not there was any distinction made in the admission of Democratic and Republican representatives inside the polling place.-A. There was no distinction.

Q. State whether or not the election held at Arredonda as aforesaid was a fair and a peaceable one, or was it otherwise.-A. It was fair, impartial, and peaceable, and in conformity with the election laws.

Virgil George swears:

Q. Were you present when the polls were closed?-A. I was.

Q. Did you see any of the inspectors, at any time, put the ballot-box under a table or in any other concealed place?-A. No; I did not.

Q. Did you not see Inspector Flewellen put the ballot-box under a table ?—A. No, sir. Upon my word and honor I did not.

Q. Was there any table in the polling-room ?-A. There was a very small table in the room.

Q. What became of the ballot-box after the polls were closed?-A. After the polls were closed we consulted whether we would go to supper, and, after having concluded to go to supper, we then considered what we would do with the box. It was determined that we all would go together to the supper-house, about seventy-five yards off, and that one of the inspectors take the ballot-box and another the key. They gave me the box and Mr. Flewellen the key, and we all went together to sup

per.

Samuel C. Tucker swears :

Q. Were you present at the closing of the polls at Arredonda at the election held there on the 3d day of November last?-A. I was.

Q. Can you state whether or not the ballot-box was put under a table by any of the inspectors, or in any concealed place, by them or any one else?-A. It was not, that I saw. We had no table while there in the room when the ballots were received except a little toilet table, on which I did my writing. The ballot-box was set on a large goods box.

Q. What disposition was made of the ballot-box after the polls were closed?-A. It remained on that box until just before we went to supper. Mr. Flewellen took the ballot-box from off this box, the wind blowing strongly at the time in the window where the box was sitting, and held it in front of the inspectors. This was done as a precautionary measure, for fear that the lights might be blown out by the wind and some one might snatch the ballot-box.

This testimony leaves it in very great doubt whether the ballot-box was on the floor at all. It clearly shows that it was not purposely thrown there. It still more clearly shows that it was at all times in the presence of friends of both parties. Flewellen, Reid, and Tucker, who were present in the room with the ballot-box, were Democrats; George, Beville, and Sammons were Republicans, and there is no scintilla of proof that there was any tampering with the box or any fraud committed.

Walls, who was outside of the house and could not see what was going on in the room, says that—

Flewellen took the ballot-box from the table where it was sitting near the window and threw it under the table towards the entrance from the bar.

Sammons, on p. 194 of the Record, says:

At that time Sam Reid touched me, and I started out in the little ante-room, and I heard a rumbling behind me, and I noticed back to see what it was, and it was the box falling under the table, and I stood in sight and talked to Mr. Reid perhaps about a quarter of an hour before it was picked up from the floor and put on the table.

This witness Sammons testifies, on page 195 of the Record, as follows:

Q. Were you a Republican and a supervisor at Arredonda at the last election ?—A. I was.

Q. What did you regard to be your duty as such supervisor?-A. It was to look out for all frauds that might happen against the Republican party that day.

Regarding it to be his duty, as he swears, "to look out for all frauds that might happen against the Republican party," and standing in sight of the ballot-box from the time it is alleged to have been thrown under the table, watching it, as he evidently was, can any impartial mind, seeking after truth, come to a conclusion from this evidence that it was possible that this ballot-box could have been tampered with while it was under that table, if it was ever thrown under a table? It was entirely impossible, as is shown by the contestant's own testimony.

From the following testimony of the Republican supervisor, Sammons, it will be seen that the ballot-box was never concealed from those in the house (see Rec., 195):

Q. You said in your direct examination that after the polls were closed the ballotbox was for a time concealed from the public view. Will you state when, how long, and how that was?-A. During the time what I called concealed it was from them outdoors, but not from those in the house. It was about fifteen minutes, more or less. I had no watch.

Who were in the room from whom, Sammons says, the box was never concealed? Contestant's witness, Walls, on p. 189 of the Record, answers this question as follows:

Q. Please state who were in the room during the election.-A. I saw Mr. Flewellyn, S. D. Reid, Samuel Tucker, Virgil George, Edward Sammons, and John Bevill. There may have been others in the room. The time I noticed these particularly was when I was refused admission.

Q. What time of day did the polls close?-A. About sunset.

Q. Do you know how many were in the room when the polls closed, and who they were?-A. J. R. Flewellyn, S. D. Reid, S. C. Tucker, Virgil George, John Bevill, and Edward Sammons.

In this little room, of the dimensions of 10 by 12 feet, with all these persons in sight of the ballot-box, and when Sammons, Mr. Bisbee's warm supporter, was watching out for frauds against the Republican party, as he testifies, to conclude that the ballot-box was tampered with, or could be tampered with, cannot be done, we submit, with any regard for law or evidence.

6 and 7. Was the ballot-box in the possession of the same person who had the key during the adjournment, and was there any fraud or illegality committed during the adjournment?

The testimony on these points is as follows, viz:

For contestant:

J. T. Walls swears:

Q. You stated you were there all day. Were you there when the polls closed? If you were, state what took place, if anything.-A. I was there when the polls closed. They did not proceed to count the votes when they announced the polls closed. They were about one-half hour preparing a tally-sheet, after which they adjourned to sup

per. They were gone about three-quarters of an hour to a house kept as a boardinghouse.

Edward Sammons swears :

Q. You say that Virgil George took the ballot-box at the door and all the inspectors and yourself and the other supervisors and officers of the election went to Mrs. Burk's to get supper, do you?—A. Yes; and we all went to Mrs. Burk's to get our supper.

Q. How far is Mrs. Burk's from the polling place?-A. I presume about three hundred yards.

Q. You said in your direct examination that when you came into the house you saw in a room on your right the inspector, Virgil George, sitting with the box in his lap and the other inspectors around him. Were there any other persons in the room besides the inspectors, and was the room lighted up or not?-A. There was other persons in the room, and it was lighted up.

Q. How long was it from the time you all left the polling place to go to supper before you returned to the polling place?-A. I had no watch; about a half or threequarters of an hour, I think.

Q. Were you inside of the polling place all day ?—A. All day, except when I went out to urinate.

For contestee:

J. R. Flewellen swears:

Q. Was the ballot-box whilst at the supper-house at any time kept in a secreted condition?-A. It was not.

Q. Was it kept while at the supper-house and while at the polling place in a lighted or dark room-in a lighted or dark?-A. The ballot-box at all times was in a lighted room and open to the public.

Samuel D. Reid swears:

Q. At the time of taking the ballot-box from the polling place to the supperroom, was any protest made or objections raised by the Republicans, or any of them, to such removal?-A. No objections were made to me, and if made to others I did

not hear it.

Q. Did the Republicans, or any of them, insist on following the box into the supperroom to see that it was not tampered with, and were they not prohibited or refused admission into the room, and was not this refusal the cause of Trapp's using the language you characterize as obscene?-A. There was no one refused admission that I know of. On the contrary, I told them that they could go to the doors and windows and look at it all the time. A number of the voters did follow the box from the polling place to the supper-room.

Q. Of this number, were they mostly Democrats or Republicans, and were they or any portion of them admitted into the supper-room?-A. They came to the doors and windows. I did not invite them in. There was no guard to keep them out and no hinderance that I knew of.

Virgil George swears:

Q. What was done with the ballot-box while you were at supper?-A. I held the box while the two other inspectors were eating, in their presence. After they were through eating, I gave Mr. Flewellen the box, and he then held it in the presence of myself, Edward Sammons, and Mr. Reid.

Q. Were there not other Republicans who followed the inspectors from the polling place to the eating-house where they carried the box with them to supper?-A. Yes, sir; I did not count them, but it looked like there were seventy or eighty.

Q. Was the hotel or boarding-house where you kept the box lighted up or in the dark?-A. The house was kept lighted all the time.

Samuel C. Tucker swears:

We decided to go to supper; that is, the inspectors and the United States supervisors, Edward Sammons and Jno. G. Bird. Mr. Flewellen then handed the ballot-box to Virgil George, the Republican inspector, and then we proceeded to Mrs. Burk's to get our supper, all together, the inspectors and supervisors, and we walked over to Mrs. Burk's in the following order, as well as I can recollect: Virgil George, the bearer of the box, walked between Flewellen, one of the inspectors, and Edward Sammons, the Republican United States supervisor, and I walked behind them to the suppertable.

Q. Were you present with any of the inspectors at supper?-A. I was, until I got through eating.

Q. Where was the ballot-box?-A. While myself and Mr. Flewellen, and I think Mr. Reid, were eating, the ballot box was in the custody of Virgil George, in our presence, while we were eating, and, to the best of my recollection, Edward Sammons, the Republican United States supervisor, was sitting by the side of Virgil George, the bearer of the box. I then left the supper-house, leaving the parties in the same position as above stated.

Q. What was the character of the election held at Arredonda on that day?—A. It was of a most quiet and peaceable character.

The law of Florida provides that "as soon as the polls of an election shall be finally closed the inspector shall proceed to canvass the votes at such election, and the canvass shall be public and continued without adjournment until completed." (Pamphlet laws of 1877, sec. 21.)

It was illegal therefore for the election board to adjourn before completing the canvass of the votes. But unless the adjournment is shown to have afforded the facilities for fraud, or that during it the box was concealed and tampered with, there is no reason why the adjournment should operate to taint or discredit the poll. There is no witness pretends that any fraud was committed during the adjournment. The box was taken by the officers of the election from the polls to the boardinghouse with a large crowd following as witnesses. It was kept in the custody of one of the officers of the election, watched by one or more of the other officers all the time in a public, open, well-lighted room. The testimony of Mr. Sammons and Mr. George is conclusive on the point that there was no fraud or opportunity for fraud.

But it is contended by contestant that the great falling off in his vote as returned at this poll is evidence of fraud. In answer to this point the contestee cites the proof to show that there was a bitter division in the Republican ranks in the precinct, which satisfactorily accounts for the smallness of Mr. Bisbee's vote.

J. T. Walls, contestant's witness, swears:

Q. Do you know whether or not there were two divisions of the Republican party, headed by separate tickets, for the legislature in Alachua County during the last campaign?-A. There were.

Q. Were you or not a candidate for the State senate on one of those tickets, and the leader of one of those factions?-A. I was a candidate for the senate on one of those tickets, and was the leader of one of those factions.

Q. Do you know the Hon. L. G. Dennis ?-A. I do.

Q. Was he or not a candidate of one of these Republican factions above spoken of for the legislature?-A. He was a candidate on what was known as the Rush ticket for the assembly. Rush was a Republican candidate, and was one of my opponents for the senate, and the other was Mr. J. B. Dell, Democratic candidate.

Q. Was or not the Hon. L. G. Dennis an opposer or supporter of Mr. Bisbee for Congress-A. I suppose he was an opposer, from his speeches made during the campaign, and that was the issue between the two factions, his opposition to Colonel Bisbee. Q. Do you not know that he denounced Bisbee from the stump during the political campaign in the county-A. I heard him on several occasions denounce Colonel Bisbee, and have been informed that at other times he spoke in favor of Colonel Bisbee. As to his denouncing him throughout the country, I am unable to say, because I do not know.

Q. Did you not hear or understand that there was during the campaign some endeavor made towards a reconciliation between Bisbee and the Dennis faction?-A. The only information I have on that subject is a letter that Dennis read at a public meeting from Colonel Bisbee, which letter requested Dennis not to speak at that meeting; and, if he did, not to bring up local matters, but he would like to hear from him on State and national questions.

Q. Did or not Dennis continue the fight until the election was over; or did he, yielding to Colonel Bisbee's request, then cease to oppose him after the reading of that letter?-A. The fight was continued until the election was over. The night before the election in the town of Gainesville, as I am informed, and it was generally known that he, at a public meeting, openly denounced Bisbee and stated that he had not supported Bisbee, and advised his friends not to do so.

Q. Do you believe that L. G. Dennis, and do you not know that L. G. Dennis, or any one else, could not make that an issue in this county at the polls successfully in