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all this time.-A. He was considered so in Clinton County; he voted at Grant's election ; it was looked up by the parties who bad challenged.

Q. 23. What is your father's name -A. Calvin Ward.

Q. 24. He was accustomed to vote in Canada, wasn't hel-A. No, sir; not that I know of, I never voted there.

J. C. WARD. $1.25 paid as fee by contestant.

STATE OF IOWA,

Tama County, 88 : DAVID WARD, 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 on the part of contestee):

Q. 1. What is your age ?-A. 45 years.
Q. 2. How long have you resided in the United States 1-A. Since 1861.
Q. 3. Were you ever in the army 1-A. No, sir.

Q. 4. Did you vote at the November election, 1882, for the office of Representative in Congress -A. I did.

Q. 5. Whom did you vote for ?
(It is not shown that he is a legal voter.)
A. For Mr. Wilson.

Q. 6. Hand commissioner any papers of naturalization you may have.-A. I have not got mine. I did not suppose I needed them.

Q. State your occupation ?-A. City marshal of Traer.
Q. How long did you say that you had resided in this county 1-A. Since 1861.

Q. 9. How old were you before you came here 1-A. You mean since I came here to stay! I was, off and on, in Michigan and Canada.

Q. 10. State whether your father was a citizen of the United States ? (Objection; Immaterial whether he was or not; also incompetent.)

A. Yes, sir, he was. I was working in Michigan at that time I became of age. I want you to understand that.

Q. 11. When did you leave Canada ? A. When I left Canada last, to stay in this country, I left in 1861.

Q. 12. How long did you live in Canada from your birth ?-A. Until I was 17 years of age.

Q. 13. Where did you make your home permanently after that time ?-A. In Michigan.

Q. 14. Were you still a minor? Where did your parents reside 1-A. In Canada.
Q. 15. Wbat doing in Michigan 1-A. Lumbering.
Q. 16. Did you consider Canada your home then?
(Objection : Calling for information.)
A. Not so long as I lived in Michigan.

Q. 17. How often were you home during the time you were in Michigan 1--A. I think three times.

Q. 18. Did you bave any clothing or dressing material at home -A. No, sir.

Q. 19. When you were living in Canada, were you living all the time at one placeI mean in Michigan 1-A. I made my home in Port Huron, Michigan ; was 17 years old then.

Cross-examination : Q. 20. Your home has been in this country since you were 171-A. I claimed it before I went to Michigan ; it was in 1861, that is, for good.

Q. 21. Well, did you come back as if going home, or as on a visit !-A. I did not caleulate that was my homo.

Q. 22. Where was your father born 1-A. In Vermont.
0.23. Your home has been in this country since you were 171-A. Yes, sir.
Q. 24. When did your father leave Canada ?-A. In 1866.

Redirect: 2. 25. How long did your father live there, and what business did he carry on in Canada I-A. Farming.

Q. 26. He made Canada his home for 20-odd years 1-A. Yes, sir. (Wilson.)

Q. 27. You said your father is a citizen of the United States -A. Yes, sir; that is the reason I voted in this country at the time of Grant's first election. I was in La Crosse, Wis. ; they contested my vote then. They considered me a legal voter, and I have voted ever since.

DAVID WARD. $0.85 paid as fee.

STATE OF IOWA,

Tama County, 88: SAMUEL UNDERHILL, being produced and sworn before E. T. Langley, notary public for Tama County, on this 2d day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and E. T. Langley on the part of contestee):

Q. 1. What is your name, age, place of residence, and occupation l-A. I live in Traer, Tama County, Iowa.

Q. 2. How long bave you resided in Tama County ?-A. Well, about 10 years, at different times; came here 10 years ago, perhaps.

Q. 3. Have you been away during that time?-A. Yes, sir.
Q. 4. How long were you away?-A. I was away pretty nearly 2 years.

Q. 5. Where were you during that 2 years 1-A. In Nebraska, Colorado, and New Mexico.

Q. 6. What doing there ?-A. Working on the railroad most of the time.
Q. 7. Have you a family 1-A. No, sir.

Q. 8. When you went away from here did you go for a certain length of time lA. No, sir.

Q. 9, Did you expect to return to this county when you went there 1-A. Yes, sir.

Q. 10. How long did you expect to be away 1-A. I did not know how long I should be away.

Q. 11. Where did you make it your home there ?-A. I didn't have any particular place there; I worked for the railroad.

Q. 12. What road did you work for 1-A. Denver and Rio Grande R. R.
Q. 13. What business were you doing for that road 1-A. Carpentering work.

Q. 14. How long did you stay in any one place ?-A. Well, I didn't stay a great while in any one place; 3 or four weeks, probaly.

Q. 15. What place was that 1-A. I was in Buena Vista last and longest.
Q. 16. What year was it you were in Buena Vista 1-A. '81 and '82.

Q. 17. How long were you there!-A. I was there in the spring, and stayed 3 months; went to work for the R. R. C. ; worked until October; then came back to Buena Vista, and stayed there most of the winter.

Q. 18. When did you return to Tama County !-A. Last August.

Q. 19. Did you know when you were in Buena Vista when you expected to return ! -A. I didn't have any particular time set.

Q. 20. You did not have any definite time, at any time, when you were to return :A. No, sir.

Q. 21. Then you went away to be gone an indefinite time, without any knowledge when you were to return 1-A. Yes, sir.

Q. 22. Did you vote at any election while away 1-A. I only voted once-in the town election.

Q. 23. You voted once at a town election ? When was that ?–A. In Buena Vista. I think that was some time in March.

Q. 24. Did you vote at the November election in Tama County last fall 1-A. Yes, sir.

Q. 25. In what precinct did you vote -A. Here.
8. 26. Who did you vote for for Representative in Congress ?
(Same objection as before ; not being shown that vote was illegal.)
A. Voted for Mr. Wilson.
Q. 27. At what election did you vote in Buena Vista I-A. Town election.
Q. 28. What State or Territory is that?-A. Colorado.
Q. 29. What year was it in ?-A. It was in 1882.

Cross-examination :
Q. 30. You say, Mr. Underhill, you went away with the intention of returning!-
A. Yes, sir.

Q. 31. You never changed your intention during the time you were absent I-A. No, sir; I always calculated to go back, but did not have any particular time set.

Q. 32. It was always your intention to return here as your home? Is tbat correct! -A. Yes, sir.

Q. 33. Mr. Underhill, I am going to ask you to state whether you always regarded this place as your residence and your home during your absence ?-A. Yes, sir.

Redirect : Q. 34. You regarded yourself a citizen of Colorado when you voted there, did you ! -A. I did not know that I was a citizen.

Q. 35. You would not have voted there unless you had considered yourself as a citizeu 1-A. No, sir; I would not have had the right to vote, but I was working for the R. R. ($1.85 paid as fee by contestant.)

SAMUEL UNDERHILL.

STATE OF Iowa,

Tama County, 88 : J. P. MORRISON, being produced and sworn before James Fowler, notary public for Tama County, on this ad day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and W. H. Stivers on the part of contestee):

Q. 1. What is yon Dame, age, place of residence, and occupation 1-A, My age is 40 years; I live in Traer, Tama County, Iowa, and I am a physician,

Q. 2. How long have you resided in Tama County ?-A. Over 8 years.
Q. 3. Where were you born 1-A. In Canada.
Q.4. How long is it since you came to this country ?-A. About 16 years.
Q. 5. Did you vote at the November election, 18827-A. Yes, sir; I did.
Q. 6. For whom did you vote for Representative in Congress ?
(Objection for the reason that the vote is not yet shown to be illegal.)
A. For James Wilson.

Q. 7. If you have any naturalization papers will you present them to the commissioner 1--A. I haven't any; they got worn out. I do not know what became of them afterwards.

Q. 8. How many papers did you have 1-A. Two, I think.
Q. 9. You made application, and took out second papers ?-A. Yes, sir,
($0.85 paid as fee by contestant.)

J. P. MORRISON.

STATE OF IOWA,

Tama County, 88 : THOMAS WARD, being produced and sworn before James Fowler, notary public for Tama County, on this 2d day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and W. H. Stivers on the part of contestee):

Q. 1. What is your age, place of residence, and occupation ?-A. I live in Parry Township, this county ; I ani 47 years old.

Q.2 How long have you lived in the United States ?-A. 17 years this spring.
Q. 3. Where were you born 1-A. In Canada.

Q. 4. Did you vote at the November election, 1882, for the office of Representative in Congress 1-A. Yes, sir.

Q.5. For whom did you vote
(Objection, for the reason that it is not shown that the vote is illegal).
A. I voted for Mr. Wilson.

Q. 6. Have you any naturalization papers? If so, present them to the commissioner.-A. I have not.

Cross-examination :
Q. 7. Mr. Ward, you say that you were born in Canada -A. Yes, sir.
0.8. Wbere was your father born ?-A. Vermont, I think.
Q. 9. You are a son of Calvin Ward, are you not 1-A. Yes, sir.

Q. 10. Since you have been here in this country you have been voting at elections all along.-A. Yes, sir; ever since I came.

Q. 11. Have you been voting under the supposition that your father was a citizen of the United States, and that that made you a citizen of the United States; that you were born in Canada, and your parents being born in the United States, granted you the right?-A. Yes, sir.

Redirect:
Q. 12. How long did your father live in Canada 1-A. I cannot tell you.

Q. 13. Did he live there from the time of your birth until about 17 years ago !--A. Yes, sir.

Q. 14. What did he do there -A. He was farming.

Q. 15. Did you know whether he was voting for the elections for members of Parliamenti-A. I expect that he did.

Q. 16. How far have you come ?--A. 6 miles.

Q. 17. Did your father consider when he voted in Canada that he was a citizen of Canada :-A. He told me ever so many times that he was not naturalized there. ($2.35 paid as fee by contestant.)

THOMAS WARD.

STATE OF Iowa,

Tama County, 88: WM. ALWAY, 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 part of contestant, and E. T. Langley on the part of contestee):

Q. 1. What is your name, age, place of residence, and occupatiou ?-A. My name is Wm. Alway; live in Traer; I am 50 years old.

Q. 2. How long have you resided in Tama County ?-A. I guess I have been here 8 years.

Q.3. Where were you born I-a. In Canada.

Q.4. Did you vote at the November election for the office of Representative in Congress ?-A. Yes, sir.

Q. 5. For whom did you vote for Representative! (Same objection as before.)

Q. 6. Have you naturalization papers ?-A. No, sir; I took a homestead, the same as my brother. Q. 7. For whom did you vote!-A. For Mr. Wilson.

Cross-examination: Q. 8. Did you ever go before a court and was sworn ?-A. Yes, sir; I went before a court and was sworn when I took out my papers.

Q. 9. In your oath did you renounce allegiance to foreign governments and swear to support this Government i

(Objection.)
A. Yes, sir; I did.
Q. 10. Are your papers here !--A. No, sir; they are in Minnesota.

Q. 11. After that you were allowed to take a homestead in the United States I-A. Yes, sir; I was.

Redirect: Q. 12. You may state how old you were when you came to the United States.-A. It was 18 years ago. I was 32 years old when I came to this country.

Q. 13. You may state whether you were ever before the court, except once, to declare your intention of becoining a citizen.-A. No, sir; I wasn't.

Re-examination: Q. 14. I will ask you whether you went there to declare your intention of being naturalized!

(Objection.)
À. Well, I know they were terribly hard against the British Government.

Redirect cross-examination:
Q. 15. Did you have witnesses with you I-A. Just my brother.

Q. 16. Suppose you had been 5 years in the United States that time when yon took your papers 1-A. Well, I don't remember; I think about a year—that is, when I took my homestead.

Q. 17. When you took out your papers iv the court and did declare your intention of becoming a citizen, how long had you been in the United States ?-A. Well, about 2 years.

Cross-examination: Q. 18. You say one time one year, next time 2 years; your recollection is not very distinct 1-A. You asked me how long it was after I came to the United States before I took my homested.

Q. 19. Were you a soldier in the Army?-A. No, sir; I never was.

Q. 20. I understand you to say your recollection is not very distinct as to the length of time you were in this country before you took your papers ?-A. Somewhere in the neighborhood of a year, I think. ($0.85 paid as fee by contestant.)

WM. ALWAY. STATE OF Iowa,

Tama County, 88 : Chas. MAXWELL, being produced and sworn before E. T. Langley, notary public for Tama County, on this 2 day of March, 1883, and examined before me, testifies as fol. lows: (T. Brown appearing on the part of contestant, and E. T. Langley on the part of contestee):

Q.1. Where do you reside1--A. In Traer, Perry Township, this county.

Q. 2. How long have you lived in Tama County 1--A. About 18 years ; I came here in 1865.

Q. 3. What is your age?-A. 38 or 39.
Q. 4. Where were you born ?-A. In Scotland.

Q. 5. Did you vote at the November election, 1882, for the office of Representative in Congress 1-A. Yes, sir, I did.

Q. 6. For whom did yon vote?
(Objection on the ground that the vote is not yet shown to be illegal.)
A. I voted for James Wilson.

Q. 7. You may present to the commissioner any naturalization papers you may have.-A. I have my papers at home; I lost my first papers, also my discharge from the Army; I supposed there that I did not need any second papers.

Cross-examination : Q. 8. You say took out your first papers, then had a discharge from the United States Army I-A. Yes, sir; I had a discharge, as Mr. Wilson knows; he was my witDess.

Q. 9. Now, at the time you took out what you call your papers, did you go before the court or clerk 1-A. Before the court.

Q. 10. Did you have a witness with you there -A. Yes, sir; I had my discharge papers with me there.

Q. 11. Also a witness -A. Mr. Wilson was my witness; that was the only one I was acquainted with at that time; I happened to be in Toledo.

Q. 12. Do you remember, in the oath you took, do you remember whether or not you swore allegiance ?

(Objection by Brown; not best evidence.)

Q. 13. In the oath you took there yon swore allegiance to the United States and renounced allegiance to the old country 1-A. Yes, sir. ($0.75 paid as fee by contestant.)

CHAS. MAXWELL. STATE OF Iowa,

Tama County, 88: I, Eldon Moran, a notary public and commissioner, agreed upon by the parties to take testimony in this cause, in pursuance of the annexed agreement attached to the testimony of J. L. Adams, whose testimony was taken Feb. 220, 1883, do truly certify that on the 1st day of March, 1883, in pursuance of the notice hereunto attached, I took the depositions of the following named witnesses: John Roberts, John G. Bull, Calvin Ward, Robert Provan, O. Gravatt, J. C. Ward, P. H. Mason, Andrew Law, W. H. Bowen, James Fowler, Robert Alway, Wm. Wade, J. C. Ward, Samuel Underhill, J. P. Morrison, Thos. Ward, Wm. Alway, Chas. Maxwell, whose testimony is set forth herein in the following manner: Each witness was first sworn by me duly, or caused to be sworn in my presence, as provided by law, and when sworn the questions were propounded to him by the respective parties, Benj. T. Frederick, contestant, and James Wilson, contestee, by their respective attorneys, and the question by me read to the witness, who answered the same, and his answer, in the language of the witness, was by me taken down under each question propounded and reduced to writing until the deposition was completed.

I further certify when the testimony of each witness was taken, I carefully read the same over to the witness, who corrected the same, and each correction noted, and said testimony was then signed by the witness and sworn to by him before me.

I further certify that T. Brown & Carney appeared as counsel for the contestant, Benj. T. Frederick, and W. H. Stivers appeared as counsel for James Wilson, contestee.

In witness whereof I have set my hand and seal notarially this 1st day of March,
4. D. 1883.
(SEAL.)

ELDON MORAN,
Notary Public for Johnson County, Iowa, and

Commissioner agreed upon to take Testimony.

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