Nebraska Newspapers

    THE ALLOT FRAUD
A Plan Concocted by Silas A. Holcomb and
His Political Lieutenants to Steal Two
Seats on the Supreme Bench.
Tko darkest page in the political
history of the state of Nebraska is
the story of the infamous recount deal
which was engineered during the leg
islative session of 1897. The attempt
was made by a crowd made up of state
officials and disreputable politicians to
so change the ballots cast by the peo
ple that two additional judges of the
supreme court could be counted in.
The details of the plan were arranged
at the house of Silas A. Holcomb, on
“A" street in the city of Lincoln. The
purpose was to place on the supremo
bench William Neville, who is now
the fusion candidate for congress in i
the Sixth district, and J. S. Kirkpat-1
rick, the relative and law partner of
Governor Holcomb.
According to sworn evidence tba* J
is too well fortified and corroborated !
to he questioned, the plan to deliber
ately change the ballots was carefully
arranged. Members of the legislature
must have been taken Into every se- j
crot of the scheme, as the most high
handed proceedings took place in the
legislative halls to further the ends
of the conspirators.
RECORD 19 OPEN.
The record in this matter can be in
npocted by everybody. The house and
senate Journals of 1897 will show the
date of the introduction of the first
recount bill; they will show how this
was railroaded through in order that
the conspirators might get at their
work; they will show how the seats
of the republican members from Doug
las county were stolen in order to in-.
crease the majority of the party that
was behind the scheme; they will show
how the courts were defied, and how j
the work of changing the ballots was
hegun in star chamber sessions, part j
of the time at the dead of night, and
part of the time in daylight, but behind
locked doors in the office of a state of
flcKI.
when the recount or the ballots was
first, publicly proposed a delegation
composed of G. M. Lambertson, George
W. Post and others called upon the
governor and urged that the ballots
be publicly counted, and that none but
the most reputable citizens of the state
be selected to do the work. They
pledged the moral support of all good
citizens In case the business was thus
transacted.
But Silas A. Holcomb paid no at
tention to their suggestions. He had
other plans, and the proof Is now plain
that the men who were to perform the
work were selected long before the
recount law was passed.
BAD CHARACTER OF THE MEN.
It Is well that the attention of the
people be again called to the class of
men selected for this work by Silas
A. Holcomb. One was a man who had
a case he wanted reversed by the su
preme court, and who had openly
threatened to kill one of the judges if
the right kind of a decision was not
rendered. One was a roustabout, who
had a son serving time in the state
penitentiary. One was a political
mountebank who was later kicked out
of the service of the exposition com
mission because of questionable deal
ings. All of the men were men who
placed political success before honesty,
and who, as future events proved, were
promised good places or substantial re
wards at the expense of the state treas
ury. It was a force of men well equip
ped to perform secretly by night and
by day.
The men in the legislature who were
assisting in the deal did their part well.
They stole seats to gain the necessary
majority, and they pussed a recount
bill which contained no penalty for
fraudulent counting. All this is down
in black and white in the public rec
ords, and is an open page in the minds
of the people of Nebraska.
When the public indignation became
so strong that the conspirators were
coir,relied to do the balance of the
work in the light of day the plan to
count in the judges failed, and an at- !
tempt was made to destroy the proof
of the fraud. The secretary of state,
the ink upon whose certificate and oath
of office was hardly dry. made v.uj
with the original tally sheets, and ha:,
never since dated to make them public.
All this was done to protect Mias A
Holcomb and his law partner and hi*
political partner and the chairman of
his state committee.
Of the men who participated In tm*
recount fraud, all received future re
wards except one, and he turned state a
evidence on the Othem. lie first COB- ‘
feased to his attorney, who was a man 1
high np In the counsels of the populist
party, and then to a populist news
paper man, who gave the story to the
public. Chairmen Kdmlsteti of the
state committee at once confessed hla
own guilt by making su attempt to1
klduap the Informer and hustle him
out of the country liefore he could tes
tify to a tran I jury.
TIIK INKOItMKR CORROHORATKD ,
The man Minions, who gave away the
atory, was not a reputable man and
he was known to be absolutely without
charm ter when Holcomb appointed
him to hand!" the people's ballots fa
der ordinary »lnumstan.es hi* testi
mony would tie Viewed With tMM. h iUt
pi. t in Hut he ha* told a stralgh' j
slot y ledh to the an t on
the witness stand, and step by step
ki* story has been rorrufourated by oth
rrw until it must be accepted ns Ibe
truth Rvery opportunity kt< been
given for th* •-•Htaplraliww to deny nr
refute the story and none of them hay ■
had the hardihood to appear
laiat July when th* legislate» Invea
tiga'tng committee waa in tension H
I Hinton* and ailaa \ H«h*»mb w«. ■
both called a* WUnease# to ti wtify a I
to Ih# r lusting »f ihe ballot* Holeuml>
denied the authority uf lb* com mil la* ;
and hurriedly took the • train for
Broken Bow. Simons appeared and re
told under oath the story which
had already been made public. The
appearance of the ballots and the evi
dence of a dozen witnesses from Lin
coln and from vork corroborated the
testimony of the Informer, and not a
one of Holcomb’s cohorts dared to
come forward to deny the story. The
testimony of the man Simons, In which
he gave the details of the fraud and
told of Holcomb’s connection with it,
Is given In part below, and will bear
the close reading of thoughtful people:
SIMON’S TESTIMONY.
Edward L. Simon.,, being duly
sworn testified, as follows:
By Mr. Pound:
y.—Mr. Simons state your residence
and occupation.
A—I live In Lincoln, Lancaster coun
ty and a brick layer by occupation.
y.—How long have you lived there?
A.—Fifteen years.
y.—You lived here the winter of 1897
when the legislature was iu session?
A.—Yes, sir.
y.—Were you employed In any ca
pacity by either of the recount com
mission about the oallots east for the
constitutional amendment in the elec
tion of 18915?
A.—J was employed as a guard to
w'atch the ballots In the vault of the
secretary of state’s office at the time
that the legislature took the ballots
from the recount commission.
y.—You were guard also In the sec
ond recount?
A.—I was guard over the ballots
during the Intermediate time of the
two sessions.
y.—Prior to the time the second
committee was appointed did you have
anything to do with the ballots or any
of them?
A.—Not in the official capacity.
y.—Did you In any other?
y — I did.
y.—Did you have any special Inter
est In the matter of the result of that
Recount f
A—I did.
y.—State what that was?
A.—I had bad a law suit with a
party for 150 acres of land and the
rent of it for 13 years—200 acres of
land and the rent of It for 13 years.
y.—Where was that suit pending at
that time?
A.—Al mis lime n nan uccii bciiicu
by compromise but I was figuring on
having the heirs’ Interest taken to the
supreme court.
Q.—Did you think that gave you any
Interest In the result of this recount?
A.—I think it did or would have.
Q.—In what way?
A.—I thought If I would steal the
Judges in they would help the boy oui.
ARRANGED FOR A STEAL.
Q.—Did you approach any one m
authority or office with reference to
this, particularly about the time these
ballots were to be recounted?
A.—I spoke with the parties manipu
lating the recount.
Q.—Who did you speak to?
A.—Mr. Edmisten.
Q.—Give his initials?
A.—James H. Edmisten, he was state
oil inspector and chairman of the State
Central Committee.
Q.—When did you speak about this?
A.—Before the legislature conveued.
Q.—What did you tell him?
A.—I told him how l was situated
and I wanted to help steal those judges
in.
Q.—How many times did you speak
to him about that?
A.—After the legislature conveued
I was there every day.
Q.—Did he have an office in the cap
itol building?
A.—Yes, sir.
y—Slate wnere it wa ssiiuaiea.'
A.—It was situated where General
Barry's office is now.
y.—In pursuance with your talk with
him was there anything done and If
so wiiat was it and when?
A.—There was a hill passed by the
legislature for a recount commission
and the commission was appointed by
the governor and when tney was ap
pointed that organized tno next tiuy
and the next night we—
y.—Who were we?
A.—That is Kdtnisten Blake and
myself and several other parties.
y.—That was the night after the
commission was appointed and or
ganized?
A Night after the organization,
y.—Where did you meet?
A. In Kdmtsten's prlvute office,
y —Who procured you to meet
there?
A. We knew where to go.
y. Who told you where to go?
A. It was mutually understood
among all of u*.
y What preparation diet you make
there?
KDMItTKN riWIl'Kri THK IIAl.I.OTri.
A Why we had a talk and Kdntie
ten went Into the aecretary of stale's
office and got the drat bunch of ballot*.
y The secretary of state s office u
on the sante floor?
A Yes. air; he occupied the corner
opposite KdluUten'*.
y Where were these ballot* at that
time?
\ In the necretary of *tat*'* offi *.
y In what manner?
A They were In package* a* re
ceived by the secretary
y Wa* there a guard over th n«?
A Yes. sir
y \\ h» * a* ii ’
A Keteev.
y When Kdml ’cn g i th* ballots
what did he do with t►*»’
A Opened the envelope* and got
them tort
y What *u done with them In th*
t«Him*
A Ws ftioh lh«m In the vault and
opened the snvelopes ant ncs'hed Up
*11 the blank* eveptiwg three or four
' In each precinct and changed those that
were opposed to the amendment.
Q.—State who was doing the mark
ing?
A.—Blake, Edmlsten, myself and au
other party. C
What preparations for secret?
If any vvcie made? What did you do
In the way of preventing Intrusion?
A.—Wliy, we had the outside door
that leads from the hallway shut up
and the door that leads between the
private office and the big room closed
and we had the vault door pretty near
shut and we put paper over the in
windows so you couldn’t see any light
in there.
Q.—Was there a light in the outer
rooms? Was the gas lighted?
A.—No, sir.
Q.—Where did you get the material
you used, the ink and so forth?
A.—We used Kdmlsten's ink, after
that there was about four bottles got
of black ink.
Q.—After the ballots were marked as
you described, what was done w.^h
lliem’
A—Wrapped up and packed to the
secretary's office.
Q.—Would you go hack and for
wards several times during the evening
or only once?
A.—-As soon as wa got one btineh
finished, we would go and get some
more.
Q.—Describe how the ballots were
marked?
A.—The blanks were marked for the
amendment and those voted against
amendment we would put a cross for
the amendment at the top and one
below.
tj. I nat would leave a mark for tne
amendment and still another for the
Supreme Judge creating tlie itnprc salon
tiint tiie voter had voted for those two
and against the others?
A.— No; the commission had yessed
a resolution to give the benefit of all
the doubtful votes for the amendment
and we would make two crosses for the
one as against the other.
Q.—So the object was to cliangp them
so as to create the Impression in fa
vor of the amendment?
A.—Yes. sir.
Q.—How long were you engaged in
this work?
A.—We worked until about mid
night..
Q —You say thp commission passed
a resolution to give the benefit of the
doubt in favor of the amendment; how
do you know? Were you present?
A.—I wasn't present. I was informed
by the commission.
Q — By the commission themselves?
A.—Yes, sir.
Q.—What number informed you?
A.—Blake.
Q.—He was one of the gentlemen
present altering the ballots?
A.—Yes sir.
Q.—George W. Blake?
A — bIi*.
FIRST NIGHT'S WORK.
Q.—Did you have any counties
marked the first night?
A.—The first two counties were
Blane and Banner. Edmist.en carried
one and I carried the other.
Q.—When the ballots were marked,
how were they returned?
A.—They were put back in the en
velope and the package wrapped up
and taken back to the sccreary's
office.
Q.—Restored to their former ap
pearance as near as possible?
A.—YeH sir.
Q.—In taking the ballots to and
from the secretary's office describe
the manner in which you did it.
A.—The first two nights I had a
large overcoat that I threw over my
shoulders and I had the package un
der that.
Q.—Did you go through the main
hall?
A.—Yes sir.
Q.—Was there any secret way in
the way of knocking so the guard
would know who it was?
A.—Yes bir, we had a private rap.
Q.—Describe what that was?
A.—Three single raps.
Q.—When you gave that rap lie op
ened the door?
A.—Yes sir.
Q.—Did you make any change after
the first night?
A.—Yes sir.
Q.—Describe that. * ~
A.—We were getting along to the
big packages. I couldn't carry them
under my coat any more and it was
dangerous to go through the hall with
them and we found a way from the
hall in the basement, into the base
ment room under Edmisten's office,
which had a place leading to the up
stairs. By opening a trap door we
could get through into the private
office,
Q.—Did you carry them through the
basement after the first night?
A.—Yes sir.
AFRAID OF GETTING CAUGHT.
Q.—Describe to the committee th°
reasons that led you to do that. Was
it In fear of any Interruption?
A.—Well, there was. A person was
uiihie to in* i'uukdi wtiti lilt* parting?
In IiIh |iuuewli':i.
Q.—Waa there any sign of Inter
rupt Iona?
A. The second night we were ther1*
Mr. Norval waa In the hall.
Q—Judge Norval of the Supreme
rourt?
A - Yea air. he waa looking ground
and we were afraid of being taught.
HIS wife waa down Iheie to a meet.
Ing of the ladtea i f aim* Inatltutlon
and lie waa waiting for her anti
walking up and down the hall and
didn’t know but aomebody waa wstrh
Ing ti*.
tj — Mow many ntghta In all were
voir engaged In thla matter you de
scribed?
A -Koitr ntghta.
tj —Tell about the «b»te of thl**
A lh> ttrat night tif the day after
the I'liuRilatltia vat orgaaiaed. It waa
| the four nlahia following that.
U I wt*h y<»r w add t*dl the man
aer In whteh the ballot* were kept la
• he e' retary i nibe. Were they In
a vault?
A Mo air, they were lu the big
rough
g - Plied up were they*
A Ye* air, on the e«at aide of the
room leading to the main hall from
th<* ggi («t«rl « ogbe
g v\ *» »h«t i. ■ of >• •••at* w# t
by the leotatr uf **ate In hla or*
dinar» boat****'
A Yea air Well, |l * ua t need
*• the time of the vnmiI at alt
There vaia'l anybody «tae In there
I va tpitag the Mtuuat tuuaiittl’ia
When the legislature meets they gen
erally use that for an Investigating
room or to give audience for the com
mittees to work In.
partita present
nights
wore all there.
y.-Do you know who occupied the
room where those ballots were kept.
Isn’t It a fact that Mr. Starrlt of the
secretary of state's office occupied
that room?
A —No, I wouldn’t be positive. Ho
might have had a desk there to work
an hour a day or bo,
y.—He was not In there In the duy
time?
A.—No Hlr, he had an office at an
other place.
y—The room that 1 was speaking
of.«You may state whether or not the
same persons were present on uH of
these occasions.
A.—Yes sir.
y.—Tuke Mr. Kdmlsten for instance.
Was he present the whole length of
time?
A.—No, he used to go and open the
door and start the work, and when
we started he would leave.
y.—How long would he Btay there?
A.—About an hour or so.
y.—Did ho take? part In the murk
lug?
A.—Yes sir.
Q.—Did you have anything to do
with the ballot mixes In uny other
precinct?
A.—The first night we opened the
poll books to s«e bow many votes
were east, and we found out It didn't
do any good and we didn't have the
ballots to mark up and we didn't open
the poll hooks any more.
(j.—Just describe what kind of mark
you would make and how?
A.—Well, If the ballot was blank
entirely we would Just mark op
posite the amendment.
Q.—Wns there any effort made In
the marking of the ballots to make
them appear differently as though
marked by different hanua?
A.—What 1 marked I changed the
form of the mark and the other fel
lows as much as I took notice of just
went right ahead and hail the same
cross all the way through.
IJ.—How long on the average would
you be engaged in this on the four
nights you have mentioned?
FIXED YORK COUNTY.
A.—The first three nights. One
night we worked until 2 o'clock. The
last night when we fixed up the York
county ballots we worked until half
past 1 o’clock, and then two of us.
I got York county, and two of us
stayed until morning.
(J.—Can you name any of the coun
ties the ballots of which were mark
ed In this manner?
A.—Yes sir.
Q.—Name some of them?
A.—Blaine, Banner, Chase, Dodge,
Brown, Keya Paha, Dawson, Oosper,
Keith, Wayne. Box Butte, McPherson,
Scotts Bluff. Cherry.
Q.—How about Harlan county?
A.—Harlan county.
Q.—How about Dundy county?
A.—Yes sir.
Q.—And Sioux?
A.—Yes sir.
Q.—And York county?
A.—York county was the last.
Q.—And Dodge county?
A.—That was fixed afterwards.
Q.—You did fix Dodge county?
A.—The way we fixed that we laid
one precinct on unolher and counted
them.
Q.—Explain that again please?
A.—After the legislative committe°
took the ballots I got on first as one
of the clerks anil it was my place to
open the packages of ballots and the
envelopes and then I would give the
counters the ballots and they would
hand them back to me and I would
take half of those and lay them on
the next precinct and send them back
as much as i thought the package
would stand.
Q—In other words you would count
them over several times?
A.—Yes sir.
Q.—That w'as done during the ses
sion of the recount committee?
A.—And the legislative committee,
yes.
ti.—The committee was all present?
A.—They didn't know anything of
it.
Q.—Who did know of it besides
you?
A.—The man we was counting for.
lj—Who was he?
OBERKELTER A BALLOT FIXER.
A.—I think it was Oberfelter.
cj—He was a member of the com
mittee?
A.—He was a member of the gov
ernor’s commission, and after the leg
islature started the count the com
mission was all employed us clerks
helping to count them except Hed
lund.
Q.—Do you recognize any of those
exhibits lying before you on the table?
A.—Yes sir.
Q - If you were to look at any of
! those could you identify them as the
ii.uiois you 111:11 nruKiMi:
A.—This p.-< k»«** of ballot* were
blanks ttmt hud not keen list'd at th«
polls and wo pot them down there and
we just marked them for the amend
ment end we put them In.
q.—Can you explain how they conn
to be separate in thla matter?
A.-They wera put In different
wards.
q.— In other words you distributed
those uncast nr.llota?
A Yea air. They wnf* dtatrlbuted
and rnje tel I y the recount people.
q — Was there anythin* done by
• ay of try In* to alfscl the signature
of the judge* on any of tho*e ballot*?
A —Ther* *«• In one precinct.
q,- What prvelnrt ?
* Al the precinct In which M Cool
Junction i« In
q Could you Identify nny of those
If you «oubl im them?
A.- Ye* alf.
q At the time that you opened the
envelop** containing lh* bellols o.t
thla amendment In th« several pee
1 in ta In Yurh roonty. or they were
opened hy yoi and other*. w*r* there
any un> aat ballots in any of the pach
•gee*
A In the large pa hag* I her a war
a big rail of unoaad imitate
q Nm signed by nny particular
person*
A They w*rw signed by nobody
they w*rn hi rah
q What waa da* with those*
A We mat had them up with crows 11
and scattered them in
Q.—Was the names of tho Judges
purported to be signed or written on
r.ny of them?
A.—They was In one or two places.
BALLOTS IDEVtifirix
• - jflf' % »f--. .A
(The envalope marked Exhibit “11"
wasj opened by the committee and th.i
C'HlioCs marked with tho initial letter
“F" at the top and are counted by the
committee and found to contain 202
ballots )
Q.—Handing you a hunch of ballots
taken from the envelope containing
the ballots cast for the constitutional
amendment of McFadden township I
will ask you If you can identify any of
the ballots altered by you or those with i
you and will ask you If you can Iden
tify any of the ballots and ttie names
of the Judges written by you on them
I or uny of those with you?
A.—I identify some of the ballots as
! ballots charged by myself and the.
other man that was with me. I also
Identify some of the ballots there that
never went through the ballot box.
tj.—Handing you this ballot exhibit
37 I will ask you to point out nny al
terations you discover on them?
A.—That ballot was voted no at the
top of the page that was not for all
the amendments and it was change 1
l»y putting one yes nt the head and
one cross opposite the head for the
judges and (die cross opposite the yci
down below for another amendment.
Q.—Was that your usual method?
A.—That is the method that was
adopted for the ballot that had a no
voted In at the head of the ticket.
<4,—What was your proceedure In
case the ballot was blank?
A.—In case the ballot was blank
the cross wus put opposite the upper
yes.
IJ.—Suppose you found a ballot with
the no, opposite the proposition for the
supreme Judges, what did you do
then?
A.— W *• won 111 pill H CrOHH OPINIBI10
the yea and a eroaa opposite tlie upper
yes. thut Is, voting two yeses for the
amendment.
I! Then how would you count It?
A.—The commission gave tha
amendment the benefit of the doubt.
I Q.—The two yeses overcame the one
j no?
I A.—Yes sir.
q.—And you were there to create a
reasonable doubt for the committee?
A.—Yes sir.
Q.—In case of a ballot In which
there was ji no cross, opposite each of
the proposed amendments, what was
your procedure In such a case?
A.—Make a yes opposite the amend
ment and a yes at the end of It.
Q.—Handing you exhibit 38 I will
ask you whether you recognize that as
an altered ballot?
A.—Yes sir. It Is.
Q.—This ballot Identified as exhibit
1 38 shows a cross after the word no,
i after each of the amendments, at the
top it also shows a cross after the yes,
and it shows a cross after the yes o i
the amendment increasing the number
of judges, how would a ballot of that
kind be counted?
A.—For the amendment.
Q.—And wn3 that the rule you fol
lowed light along?
A.—Yes sir, we counted the yea for
the amendment for the Judges and the
no for all the balance.
Q.—Do you remember how many
ballots were changed or altered In any
| wpy?
A.—No sir, I do not, we Just altered
them as we got to them, we kept no
track of that, we had not time for that.
Q.—Cun you make an estimate?
A.—Why there was in the 21 coun
ties I think there were something like
seven thousand. Harlan county had
something over a thousand.
Q.—Do you remember how many
York county had?
A.—Twelve hundred.
q.—Mr. Simons, when was It that
Mr. Edmisten first spoke to you In re
lation to those ballots?
A.—Why, when Edmisten spoke to
me it was about th** beginning of th>
session, others spoke to me prior to
that.
Q.—Who had spoken to you before
that?
A.—Some of the rest that was help
ing count.
Q.—What was said?
THE SCHEME OUTLINED.
A.—They said they were going to
have a recount of the judges and thev
would find enough ballots to show that
they were elected.
q. - When did you first talk with Ed
misten?
A.—-That was prior to the beginning
of the legislative session.
q.—He told you did he that you
would be one of the parties to help d >
It?
A.— l es sir.
y And engaged you to, that Is told
you what was to he done?
A.—No Blr. ha didn't say we were to
•lo any marking, only we would steal
the judges In.
y -Where were you when this con
versation took pls.e?
A.—In his office.
y Dili you talk over your a (Taira oc
operations?
A Not uutll the ennnutaaton was
appointed.
y What was said when you started
If anything Dive the universal Ion
that waa had aa to what should he
done ?
A I don't know only to mark them
that la all.
Q lHd Kdmlsten mark spy?
A Ym air
y lla set the a sample for you, did
he show you what ha wanted done*
A Yes sir lls started off showing
whars to rha&gs the ballots and whars
lo mark an and to mark the yes and
that would count I learned the nest
day they had passed a resolution by
the fiaamlaalou to glee the beaedt of
the doubtful ballots to I he amend
Biest, two yesea and one no was
i ousted fur I he am*adateal at that
waa the watt It waa carried ua alt Ike
way tkrwugk
y Wkal e«mp*aaatk<a or rewar I
, were rw to receive *
A I waaa't to recatva any egreit
. tka rnnetdernttwn of my ewm kstfue« th«
tMHh
If Tkat wee tka wader staadtwg wav
It yuur taae ekuuld be da> kled la you ■
fntroe*
A Yea atr among Ike pvrtt-a inter
•gted in tfce ballot*
Q.—Who gave you the assurance
that would be doue?
A.—Edmlsten and Blake.
Q.—Wag Blake a member of the leg
islature? tjf
A.—N9 sir, one of the commission.
ty—What connection If any did he
have with the democratic or populist
party?
A.—He was treasurer of the State
Central committee.
Q.—And Edmlsten was chairman?
A.—Yes, sir.
CJ—How did you know you could
help yourself by helping them count
the ballots, who told you or where did
you get your information from If any
body told you?
A.—Blake and Edmlsten knew I had
a case ready for the supreme court
and If we would steal those two Judges
In I had two of them favorable to me.
HE WAS A REFORMER,
Q— At that time what particular
party did you affiliate with?
A.—1 affiliated with the populists.
Q.—Now with reference to those bal
lots before from those precincts In
York county, .ncFadden precinct, have
you examined all those ballots to-day?
A.—Mostly.
CJ.—Did you find any ballots there
that are ballots that were marked by
yourself or anyone else for this recount
commission ?
A.—Yes, sir.
Q.—While you were in the vault the
first night you were changing the bal
lots who did the marking first?
A.—Edmlsten got the first county
and took it In, and when I came in
with the second county they were
marking, Edmlsten, and Blake and an
other party. Edmlsten got the first
package of ballots from the secretary's
room.
Q.—Where did ha get it?
A.—Out of the secretary's room.
Q. -How did you get in the Secre
tary's room?
A.—There was a guard there let us
I n
IU.
Q.—About what time was that?
A.—Eight o'clock.
11.—-Did you see anything when ho
came in?
A.—It was under his coat.
Q—How do you know If you
couldn't see it?
A.—I did see it.
Q —Who told you to go to the sec
retary's office?
A.—Rdmlsten.
Q. What for? ---
A.—To get the ballots.
Q.- And what did he say If anything
about what he wanted with the bal
lots?
A.—We understood what we wanted.
Q.—You learned that in a private
conversation?
A.—Yes, sir.
Q.—How did you understand they
were to mark two yesses to overcome
a "no?”
A.—They were doing it and Edmls
ten saiu the commission would count
those for the amendment.
Q.—Did he say that was the way to
mark them?
A.—Yes, sir.
Q.—Did you commence marking oa
the package you took in;
A.—I started to mark on tne package
they had there.
Q.—And continued to mark until
they got through that package?
A.—Yes, sir.
Q.—How many were marking alto
gether?
A.—Seven.
Q.—How long did you continue at
It that night?
A.—Until half past eleven or twelve.
Q.—How did you get the ballots out
of the package?
A.—Untied the string and broke tho
seal open.
.Q—What did you do with the bal
lots after you got through?
A.—Wrapped them up in a package
again.
Q.—And put a seal on them?
A.—Yes. sir.
Q. -Couldn't anyone tell the seal
had been opened?
A HANDY MAN.
A.—Yes, sir but the man that opened
them In the morning was helping tlx
them at night.
Q.—That man was whom?
A.—Blake.
Q.—Did you see the commission at
work In the morning?
A.—Yes, sir; 1 saw them there.
Q.—Who was opening the packages?
A.—Blake.
Q.—After they told you that this
marking Imllots had to be Btopped did
Mr. Blake or Rdmlsten ever talk with
you about what had been done. Did
either of them ever talk with you about
It? Ever say anything to you about
serrecy ?
A.—Well, at the Inst election—
y.— no, right at this time after you
stopped marking ballots?
A.— No, they didn't say nothing then,
y. hiil you know It waa a crime
and there was a penalty attached to It?
A —I know there was a law to that
effect but I knew it w»s no good,
y —llow did you know It was no
gotmI ?
A-IVr all knew It up there,
y How did you find It out, you aro
not a lawyer?
A.—I am no lawyer, but 1 knew tha
way they passed the ullt it wasn t any
good.
y — Did you get any Information
from any source?
A Only wnat we talked over there,
y— Did you have any assurance
from anybody that they would stand
by you If you would take the chances?
A Nothing only that I wouldn't be
Imprisoned tong,
y Who told you that?
A — Kdmlsteu.
THK OOVKH&OH WOt l.D riX
Till.NO*
y What utd he tell you he would
do if you were tried sad convicted*
\ lie said If they should catch us
and send m up as long as we had tha
«• veraof with ua we wouldn't stay m
prison long
y fk« guvera«r would pardon you?
A — V*n, sip.
y — Are you poattl*# Kdimstea told
you that t
A - Vea. sir
y - Did It labs tell you that?
A We were alt la tha loom while
the lath was guin« on
y IHd you have nay commuutsAr
lion with tha secret at r af state*
A N»t until after It waa all oye*
with.