Q. 9. Where did your parents live?-A. They lived in the State of Vermont, where I was born. Q. 10. Where did they move to?-A. In Canada. Q. 11. Were they Canadian people?-A. No, sir; neither father nor mother. Mother was born and raised there in Vermont; father was born in the State of Massachusetts and raised there. Q. 12. You lived in Canada, and voted?-A. Yes, sir; but didn't vote very many years; I think that I voted three times for member of Parliament, since I can recollect. Q. 13. Did you ever, under the laws of Canada, quit your allegiance to the United States and become naturalized there?--A. No, sir; it was not the law there, if a person lived so long in a country he was naturalized by that law, so that I never had occasion, or any of my folks had occasion, to take up arms against the United States. Q. 14. You were born in the United States?-A. Was born in Vermont; I guess that is in the United States; they used to call me in Canada, Yellow Bellied Jacket. Redirect: Q. 15. How long did you live in Canada ?-A. I think that I have been in this country 16 or 17 years; at the first election when General Grant was elected. Q. 16. How old were you when you went to Canada -A. 12 years of age. Q. 17. How old are you now?—A. I am almost 74. Q, 18. Then you lived in Canada from the time you were 12 years old until Grant's election -A. I think it was Grant's election; he was first elected after I came. Q. 19. Did you come here about the time of Grant's election?-A. I came here the spring after Lincoln's assassination. Q. 20. That was in 1866?-A. Yes, sir. Cross-examination : Q. 21. Did you mean the spring of his assassination?-A. No, sir; the next spring. I moved into the country the next spring; any householder or tax-payer there was entitled to vote. Redirect: Q. 22. How long did he have to live there?-A. A certain length of time. Q. 23. Was it a number of years before he could vote -A. Yes, sir; a number of years. ($0.85 paid as fee by contestant.) his CALVIN × WORD. mark. STATE OF IOWA, Tama County, 88: ROBERT PROVEN, being produced and sworn before E. T. Langley, notary public for Tama County, on this 2nd day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant and E. T. Langley appearing on the part of contestee): Q. 1. Were you clerk of Buckingham Township in 18827-A. Yes, sir. Q. 2. Have you the ballot-box in your possession ?-A. No, sir; it was in the possession of one of the trustees, but I have always had the key in my possession. Q. 3. Have the ballot-box and ballots been disturbed since the election that you know of?-A. Yes, sir; looked over. Q. 4. When were they looked over?-A. I don't remember the day; but it was done in the presence of the two trustees. Q. 5. Were the ballots put back in the box?-A. Yes, sir; never one of them taken off the string. Q. 6. Never any changed ?-A. No, sir. Q. 7. Can you tell how many votes James Wilson received for the office of Representative in Congress by the ballots cast ? (Objection, not the best evidence; record best evidence.) Q. 8. Also, look at the poll-books. (Witness examines it.) A. Wilson, 61. Q 9. How many did Frederick receive?-A. 43. Q. 10. State whether there was any error made in the return you made to the county canvassers-A. Yes, sir; one tally. Q. 11. That one tally was five votes?-A. Yes, sir; that was omitted. Q. 12. Who was it omitted against ?-A. It was omitted against Frederick. Q. 13. Did you make the return?-A. Yes, sir. Q. 14. You have examined that poll-book, haven't you?-A. It was returned to Toledo. Q. 15. You know that tally was omitted?-A. Yes, sir. Cross-examination: Q. 16. All you know about the poll-book that has gone to Toledo is what you have heard others say?-A. Yes, sir; that is all. Q. 17. You made it, didn't you?-A. I called it out; didn't notice the mistake; I wrote it out of the list in the book 43; there was one tally omitted; I didn't carry the returns to Toledo; one of the trustees did that. ($1.25 paid as fee by contestant.) STATE OF IOWA, Tama County, 88: ROBERT PROVEN. O. GRAVATT, being produced and sworn before E. T. Langley, notary public for Tama County, on this 2nd day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant and E. T. Langley appearing on the part of contestee): Q. 1. What is your name, age, residence, and occupation?—A. O. Gravatt; age, 50; Buckingham Township. Q. 2. Were you one of the judges of the election held in November, 1882, in which the electors of your township voted for the office of Representative in Congress?— A. Yes, sir. Q. 3. State if you know whether any error was made in the return of the votes sent to the board of county canvassers of your township for the office of Representative in Congress, and what that error was?-A. I have no knowledge of any error, only by hearsay. Q. 4. Now, state if you ever assisted in counting the votes, and had an examination of the poll-books from your township?-A. Yes, sir. Q. 5. And ballots?-A. Yes, sir. Q. 6. State how many ballots James Wilson received in Buckingham Township, and how many Frederick received for the office of Representative in Congress?—A. Wilson received 61 votes, and Frederick received 43. Q. 7. Is that shown by the ballots counted in the presence of the commissioners today? A. Yes, sir. ($1.05 paid as fee by contestant.) STATE OF IOWA, Tama County, 88: O. GRAVATT. J. C. WOOD, being produced and sworn before E. T. Langley, notary public for Tama County, on this 2nd day of March, 183, and examined before me, testifies as follows (T. Brown appearing on the part of contestant and E. T. Langley appearing on the part of contestee): Q. 1. What is your name, age, place of residence, and occupation?-A. J. C. Wood; age, 56 years; reside in Buckingham Township; am a farmer. Q. 2. Were you one of the judges of the November election, 1882, when the electors of that township voted for the office of Representative in Congress?-A. Yes, sir. Q. 3. You may state how many ballots were shown by the poll-book and returns were cast for the office of Representative in Congress, and how many each candidate received.-A. 104; the poll-book returned to Toledo shows five short of that, from hearsay. However, I think that I know nothing of it; Wilson read 61, and Frederick would have had 43. Q. 4. State if you assisted in re-counting the ballots since the election ?—A. Yes, sir; it was done at my house. Q. 5. You may state if that count corresponded with your testimony here to-day as to the number each received.-A. Yes, sir, with our count here to-day. Q. 6. That was the same count you actually made on the night of the election when you canvassed the votes ?-A. Yes, sir. ($0.95 paid as fee by contestant.) STATE OF IOWA, Tama County, 88: J. C. WOOD. P. H. MASON, being produced and sworn before E. T. Langley, notary public for Tama County, on this 28th day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant and E. T. Langley appearing on the part of contestee): Q. 1. Were you one of the judges of Buckingham Township at the November election, 1882-A. Yes, sir. Q. 2. Did the electors of your township vote for the office of Representative in Congress?-A. Yes, sir. Q. 3. How many votes were received according to the second canvass?--A. B. T. Frederick, 43; James Wilson, 61. Q. 4. Have you recounted the ballots since the election?-A. Yes, sir; but not until to-day, and here. Q. 5. Do the ballots correspond with your first count? A. Yes, sir. Q. 6. You may state whether that was a true count that you made the night of the election.-A. Yes, sir; it was. ($1.35 paid as fee by contestant.) STATE OF IOWA, Tama County, 88: P. H. MASON. ANDREW LAW, being produced and sworn before E. T. Langley, notary public for Tama County, on this 28th day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and Stivers appearing on the part of contestee): Q. 1. What is your name, age, place of residence, and occupation?-A. Andrew Q. 3. I will ask you if you are acquainted with Frank Haveland?-A. No, sir. Q. 5. You don't know such a man at all, then?-A. No, sir; I don't. STATE OF Jowa, Tama County, 88: ANDREW LAW. W. H. BOWEN, being produced and sworn before James Fowler, notary public for Tama County, on this 2nd day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and Stivers appearing on the part of contestee): Q. 1. Were you one of the clerks of the election?-A. Yes, sir. Q2. Do you know Mr. Haveland?-A. No, sir; I don't know him. Q. 3. Have you the poll-books of the November election in your possession ?—A. Yes, sir; I have. Q. 4. Please look at them and see if you find the name of Frank Haveland? (Witness examines the books.) A. Haveland? Yes, sir. Q. 5. Do you remember of his voting at the election ?—A. I have no recollection of his voting whatever. Q. 6. Yon have stated that you were one of the clerks of the election. I will ask you who has bad custody and control of the ballot-box since the election?--A. I have. Q. 7. Has it been in your possession all the time?-A. Yes, sir. (Objected to by the contestee on the ground that it is improper examination and immaterial.) Q. 8. Now, Mr. Bowen, state whether or not the ballots in the box that has been in in your possession have been meddled with or disturbed since the election ?-A. Yes, sir. Q. 9 Yon may state whether or not since the election referred to you have counted the ballots; if so, in the presence of what official?-A. Of the clerk. (Contestee objects to the question on the ground that it is not proper examination; also it is irrelevant, there being no such issue.) A. I have, in connection with the judges of the election, that served that day. Q. 10. Name them, if you please.-A. Andrew Law, Nathan White, Wm. Keith; also W. B. Gillespie, who was clerk. Q. 11. Now you may state, Mr. Bowen, what was the result of your count here today. (Contestee objects on the ground that it is irrelevant and not proper cross-examination.) Q. 12. State the whole number of votes, and the number which the contestee and contestant received, as the result of your count here to-day. (Contestee objects on the ground that it is irrelevant, and not proper cross-examination.) A. There were for Wilson by the count 297 votes. Q. 13. Give us the whole count.-A. 297 for Wilson; 100 for Frederick, according to the count to-day. Q. 14. Now, the whole number of votes1-A. There was one blank vote, making 398 votes cast. Q. 15. Now you may state what the books show, if you have the book in your posression? State what the book shows the count was, as counted and returned to the board of canvassers? (Coutestee objects, it not being the book transmitted to the auditor of Tama County, and therefore not being the best evidence.) A. The copy of the book transmitted shows for Wilson 296; for Frederick, 100. Q. 16. State whether you know this is a correct copy of the book transmitted to the board of canvassers? (Same objection as above.) A. Yes, sir; to the best of my knowledge. Q. 17. I will ask you if you were subpoenaed by the contestant, Mr. Frederick, to appear here and make this count to-day? (Contestee objects to the question on the ground that it is immaterial; this point not being in dispute.) A. Yes, sir; I was subpoenaed to bring the box and ballots. Q. You may state whether or not, by the attorneys of the contestant, if you were directed to count the ballots in the box? (Contestee objects to the question on the ground that it is immaterial, and not competent.) A. Yes, sir; I was. ($0.85 paid as fee by contestant.) STATE OF IOWA, Tama County, 88: W. H. BOWEN. JAMES FOWLER, being produced and sworn before E. T. Langley, notary public for Tama County, on this 2nd day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and E. T. Langley appearing on the part of contestee): Q. 1. Do you know a man by the name of Frank Håveland?-A. I think that I do. Q. 2. Did you see him here at the election?-A. Yes, sir; I did. Q. 3. Do you know that he voted?-A. I will tell you in two or three words all 1 know about it. (Objection.) Q. 4. Answer the question.-A. That is something I can't state. Q. 5. State just what you know about how he voted. (Contestee objects to the witness saying how Haveland voted, for the reason that it has not been shown that he was an illegal voter. We object to his telling how he voted, until it is shown whether it was a legal or illegal vote.) A. I met him the day of the election. I didn't know him, but asked him to vote for me; I was candidate for clerk; he says to me, "I have got a ticket," and he held it up to me with my name on it, also with Wilson's name on it; I was going to vote for you and Wilson, but I don't think I am a voter; I asked him where he lived; he said, at Mike Forney's, out here; I asked him when he came into the State, and he said about the middle of August; I said I didn't think he was a voter; I was busy; I didn't spend much time on him; in the course of an hour or two he told me that he had voted; he said that the judges only asked him how long he had been in the county. (Objection as not being responsive to the inquiry; 2ud, irrelevant and immaterial; 3d, not the best evidence, it being simply hearsay.) Q. 6. Tell if you are a citizen of the township or precinct.-A. Yes, sir; I think so. Q. 7. Are you pretty well acquainted with the inhabitants of the township ?—A. Yes, sir. Q. 8. Did you know of this man before the day of the election?-A. No, sir; I didn't. Mike Forney had told me what somebody else had told him, that there was such a man working for him. (Objection.) Q. 9. You say you saw the ticket the man had with Wilson's name on it, and that he proposed to vote?-A. Yes, sir; I had my name on with Wilson's; I was interested. I cannot state what he did-only what he said. Q. 10. Was he a stranger in the township and county ?-A. Yes, sir; only by hearsay do I know him. Q. 11. When did you first hear of his being here?-A. Well, I think it was about five weeks; I was electioneering for Mike, and told him of this fellow working for him. (Objection.) Cross-examination: Q. 12. You said you were personally acquainted with this young man -A. No, sir; I didn't say that. Q. 13. To what you have said in reference to the length of time he has resided here and his voting too, that what he told you or some one else?-A. No, sir; he told me and Linsely on the sidewalk; he said that he would-that he intended to-but didn't think he had lived in the State long enough. Q. 14. I am not asking you what he said; you needn't tell a long story. Did you know of the limits of the length of his residence on it-what he told you or somebody else ?-A. Yes, sir; that is all. Q. 15. You learned it from somebody else?-A. Yes, sir; of course. (Wilson.) Q. 16. Did he say that he voted for Wilson?-A. I could not swear to that; he said he got it in. Q. 17. What in?-A. The ticket. Redirect: Q. 18. Did he tell you where he lived at that time?-A. He told me that time that he went immediately out to Mike Forney's when he came in here; that he came in here on the train, got off, and went out to Mike Forney's. STATE OF IOWA, Tama County, 88: JAMES FOWLER. ROBERT LAW, being produced and sworn before James Fowler, notary public for Tama County, on this 2nd day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of the contestant, and W. H. Stivers appearing on the part of contestee): Q. 1. Where were you born?-A. In Canada. Q. 2. How long have you lived here in the United States?-A. 18 years the first of this month. Q. 3. Did you vote at the November election, 1883, this precinct?-A. Yes, sir; I did. Q. 4. Who did you vote for for Representative in Congress? (Objection, it not being shown whether he is a legal voter or not.) A. I won't be required to answer that. Q.5. Whom did you vote for for Representative in Congress?-A. Will I be required to answer that? Q. 6. Yes, sir; you will not be liable to indictment.-A. I voted for Mr. Wilson. Q. 7. Were you ever naturalized in this country?-A. I was naturalized on the 4th of April in 1865. Q. 8. Have you got your papers?-A. I have got my papers, but not here; I have them at my brother-in-law's in Minnesota. Q. 9. How many times were you before the court?-A. I took out my naturalization papers the 4th of April, 1865, and on the same day I took a homestead. Q. 10. You only took out one set of papers?-A. Then in 1871 I took out my homestead. Q. 11. Well, did you have to take out but one set of papers?-A. I am not certain about that; it seems to me I did, because I could not take my homestead without. Q. 12. Have you but one set of papers?—A. That I could prove by sending up there, because I have been from one place to another for a good while. Then I was careless. Q. 13. Were you ever before the court and sworn with relation to your naturalization papers more than once? I mean, to take out one paper from the clerk ?-A. No, sir; I do not think it was, because they said all the time. Q. 14. Was that before the clerk or court?-A. Before the court. Q. 15. You then declared your intention of becoming a citizen, did you?—A. Yes, sir. Q.16. That was the only time you were before the court?-A. They said I would revoke the use of my homestead papers. Cross-examination: Q. 17. You say that when you went you were sworn before the court; you were before the court?-A. Yes, sir. Q. 18. You are not positive whether you took out one or two sets of papers?—A. No, sir; not positive. sir. Q. 19. You took out such papers as informed you entitled you to a vote?—A. Yes, Q. 20. Since that time you have been voting ?-A. Yes, sir; they said in 6 months afterwards I was a legal voter. Redirect: Q. 21. Did you go before the court 6 months afterwards and be sworn and introduce any witness-A. No, sir. Q. 22. You never went before the court again?-A. No, sir. ($1.50 paid as fee by contestant.)] H. Mis. 22--9 ROBERT LAW. |