Q. 34. Where did he go; off with the work?-A. I don't know that, sir. Q. 35. Well, tell us about how long it was before he went away?-A. Well, I cannot tell you exactly. Q. 36. Were you on the works?-A. Yes, sir. Q. 37. Who was boss election day; McGuire ?-A. No, sir; Mr. Rose was boss then. Q. 38. How long had Rose been your section-boss, about, that time; on election day -A. He had not been our boss over three or four weeks. Q. 39. Had he been more than three or four days?-A. I don't know that. Q. 40. Don't you know it ?-A. I never bore it in mind. Q. 41. Did you not know that Rose had been your boss for three or four days before election ?-A. No, sir; I don't remember that. He may have been our boss three hours, or he may have been our boss for a year for all that I know. Q. 42. For all you know, Rose may have been section-boss, for all you know ?—A. There or somewhere else. Q. 43. Now, I mean your boss.-A. I know that he was there five years. Q. 44. Did you not tell me that he was there five years, possibly ?-A. It was that long or longer. Q. 45. Which way do you want it now?-A. I don't know anything about that. Q. 46. Well, go about something that you do know something about.-A. That is what I want. Q. 47. Did this man McGuire tell you how long he was going to stay there when he was talking about getting married?—A. No, sir; he did not know whether he would stay 15 minutes or a year. Q. 48. He was subject to the order of the company?-A. Yes, sir. Q. 50. He came there at the order of the company?--A. Yes, sir. Q. 51. Did he go away at the order of the company -A. Yes, sir; that is the way they do. Q. 52. That is the way you did?-A. Yes, sir. Q. 53. And all of them?-A. Yes, sir. Q. 54. All in the same way; no assurance of staying there one day?—A. Yes, sir; might go away any day; I would not know whether I would stay one day. Q. 55. He was to go whenever and wherever the company sent him?-A. Yes, sir; that is the way they do it. Q. 56. And that was the way with McGuire ?-A. Yes, sir. Redirect: Q. 57. I want to ask you a direct question; did you vote at the election -A. Yes, sir. Q. 58. How long had you lived in the township before you voted?-A. I came to Mr. McGuire's the second day of Feb. Q. 59. Did you have any residence any where else?—A. No, sir. Q. 60. You voted at the election, did you not?-A. Yes, sir. Q. 61. Did you have a family?-A. No, sir. Q. 62. That was your home, then, at that time?-A. Yes, sir. Q. 63. How long did you work for McGuire, and how long did you work at Potter; from Feb. to election time?-A. Well, I think I was on the r'y at election time. Q. 64. You worked for McGuire a while, then for the r'y co. ?-A. Yes, sir. Q. 65. You worked there at that time, and was a resident of that township when you voted?-A. Yes, sir. Q. 66. You had no other home ?-A. No, sir. Recross-examination: Q. 67. How old are you?-A. 46 last April. Q. 68. Where did you come from to Potter?-A. From Mr. McGuire's. Q. 69. Where did you come from when you came to Mr. McGuire's?—A. I came from Mr. Merrit's. Q. 70. Where does he live?-A. He lives about five miles north of Gilman. Q. 71. Where did you come from to Merrit's?-A. From Mr. Harvey's. Q. 72. Where does he live?-A. At York. Q. 73. Where come from there?-A. From Ill. Q. 75. When did you come to Harvey's?-A. Well, it was 15 years ago the 5th day of last April. Q. 75. Lived at Harvey's ever since?-A. Yes, sir; until I came up here to Mc'Guire's. Q. 76. What is Harvey's given name?-A. Irvin. Q. 77. Then your home was at Mr. Harvey's, was it not?-A. Yes, sir; I made my home at Mr. Harvey's; Turner Forker's and and Mr. Harvey's. Q. 78. Mostly at Mr. Harvey's?-A. Yes, sir. Q. 79. Your home?-A. Yes, sir. Q. 80. When you went back home you went to Harvey's?-A. Yes, sir; that is my place. Q. 81. How long had you been away from Harvey's; when did you leave homewhat time in the year?-A. It was in Aug. Q. 82. When did you come back?-A. I have not been back there. Q. 83. Any since -A. No, sir. Q. 85. You voted at that election, did you not?-A. Yes, sir. Q. 86. Did you have a family?-A. No, sir. Q. 87. You worked at McGuire's?-A Yes, sir. Q. 88. How long did you intend to stay at McGuire's?-A. I don't know just how long. Q. 89. As long as you and he could suit, then go elsewhere ?-A. Yes, sir. Q. 90. How long for the R'y Co. ?-A. Until they discharged me. Q. 91. Then what did you calculate to do?-A. Go somewhere else. Q. 92. Wherever you could get work?-A. Yes, sir. Q. 93. You did not have any intention of staying there a day longer than you could get work?-A. No, sir. Q. 94. That is the way you did?-A. Yes, sir. Q. 95. Then Mr. Harvey and Forker did not live in Indian Village Township?-A. Yes, sir. Q. 96. There is where you called your home-at Harvey's?-A. Yes, sir. Q. 98. You say you voted at that election?-A. Yes, sir. Q. 99. Did you vote for Frederick or Wilson?-A. For Frederick. Redirect: Q. 100. When did you leave Mr. Harvey's?-A. In Aug. Q. 101. What year?-A. '82. Q. 102. Have you been back since?-A. Yes, sir. Q. 103. Did you move away from your home?-A. Yes, sir; I went away from there; I was at work in the same place as Mr. Forker; I used to work for him at his place; then I had to go elsewhere; Harvey has gone away, gone out West and rented his farm. Q. 104. You say you moved into Indian Village Township in Aug. ?—A. Yes, sir. Q. 105. You were then a resident of Indian Village Township; that was your home-A. Yes, sir. Q. 106. You were a regular resident in Indian Village Township?—A. Yes, sir. Recross-examination: Q. 107. You say you moved away?-A. Yes, sir; to be sure, I moved away. Q. 108. What did you move?-A. My baggage. Q. 109. You calculated to move away as soon as you were through there?-A. Yes sir; just moved somewhere else. Q. 110. You calculated to move away from Indian Village Township as soon as the R'y Co. would send you somewhere else?-A. Yes, sir. Q. 111. You calculated to move your baggage wherever you could get work?—A. Yes, sir. Redirect: Q. 112. You took your personal effects with you?-A. Yes, sir. Q. 113. Was it in '81 you left Mr. Harvey's? Recross-examination: Q. 114. Where do you live now?-A. At Chas. Cerm's. Q. 115. When did you leave Indian Village Township?-A. I left there in Q. 116. Well, how long after the election?-A. I think it was in Feb. Q. 117. How long after the election was it?-A. In Feb.; you can count it up yourself. Q. 118. In what township does Mr. Merritt live?-A. In Highland Township. Q. 119. You left when you quit working on the R. R.-A. No, sir; I was at McGuire's some time after we quit on the R. R. ($2.25 paid as fee by contestant.) STATE OF IOWA, Tama County, 88: JAMES DAVIS. JAMES L. MCGEE, being produced and sworn before O. H. Mills, a notary public for Tama County, on this 5th day of May, A. D. 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, W. H. Stivers on part of contestee): Q. 1. What time did you become acquainted with Davis?-A. 2nd day of Feb., '82. Q. 2. Did he board at your house?-A. Yes, sir; I employed him to work for me on the 2nd day of Feb., '82. He worked for me until the 29th of July, and the 30th being Sunday, Monday he said he had business in town and he went away. Tuesday he came back and said his brother-in-law had written to him at Marshall. He said he would like to go up there. I said all right; he went there, came back to Montour, staid there for some time, then he went away to Potter and hired out on the Milwaukee R. R. I could see him there most every day. My farm joined up close to the station. He remained there until the Saturday previous to the election at Montour. He came over to my house and said he wanted to help me gather corn. I employed him. He remained with me until court set, in Toledo. About the 14th of Feb. he left me. Q. 3. He had his home with you ?-A. Yes, sir; his trunk and clothes were there; he had his washing done there. He made his home part of the time at the stationhouse, the balance of the time at Hickson's. Q. 4. Indian Village Township ?-A. Yes, sir. Cross-examination:* Q. 5. He came home and you hired him to work how long?-A. During the season, that is when I first hired him in Feb., '82. He staid about Montour for 2 weeks; he was about sick. Q. 6. Then went to work on the r'y?-A. Yes, sir; he hired out to the Milwaukee R'y; left his trunk at my house until Sep. He came to my house in Sep. and told me he wanted his trunk over there. Q. 7. About Sep. you got him to settle up and he was still working on the r'y ?—A. Yes, sir; on Friday night. Q. 8. Was he working under a section boss?-A. Yes, sir. Q. 9. How far does a section extend along the road ?—A. I guess it was about five miles. Q. 10. From where ?-A. Well, it is 2 miles and a little over east of Potter, where the east end of it is; the west end of it may extend into Marshall County. Q. 11. These section hands have a boarding-house that they take along with them?-A. No, sir; they had a section-house there at which they board. Q. 12. What do you mean by a section house?-A. Milwaukee Road puts up a house for him to live in and board his hands. Q. 13. They board their hands in this house along the road?—A. They generally have one on their section. Q. 14. They shove hands from one section to another? Have they, as a general thing, families living with them? McGuire and Davis don't have, do they ?-A. No, sir; no families. Q. 15. They went wherever the road put them?—A. It might be such a thing; they would take them out wherever there was a day's work to do. Q. 16. A section hand's home is wherever he boards ?-A. Yes, sir; and has his washing done. Q. 17. Because he boards there, you say his home is there?-A. Generally; they don't have any other home. Q. 18. How do you know ?-A. I was personally acquainted with them. Q. 18 (a). When did you become personally acquainted with Davis?—A. When he came there to work. Q. 19. When he came and hired out to you?-A. Yes, sir. Q. 20. How long did he work for you?-A. During the season. Q. 21. Why did he not stay the season out?-A. He went to Montour; got to drinking, and got a little miffed; he had been drinking some. Q. 22. Then he changed his home from the r'y to your house; did he change his home-that is what I want to know ?-A. He talked of changing his home. Q. 23. Where did he change his home from your house ↑—A. He changed his place of work, and was not in my employ any more. Q. 24. That is as long as he was under your employ ?-A. Yes, sir. Q. 25. He was in the employ of the Milwaukee R. R. Co. before he came to your house -A. Yes, sir. Q. 26. Then his home would be wherever the section extended?-A. Yes, sir; only on that section. Q. 27. You think his home would be on that section -A. He could leave any time he wished if they did not discharge him; he could leave of his own accord; at least he told me so when he and I settled up. He was owing me a little and agreed to help me pick corn. Q. 28. Then he changed his home back to you first before election ?-A. Well, there was nothing said about election. Q. 29. Wasn't it first the Saturday before election?-A. Yes, sir; he came there first before election. Q. 30. He came there to help you pick corn first the Saturday before the election ?— A. Yes, sir. Q. 31. Nothing said about election between you and him?-A. No, sir. When we settled in Sept. he owed me $3; he said he had no money; he said that he would like to help me pick corn, and would like to have his drink. I said all right. He took H. Mis. 22-12 his drink very often. I gave him notice when I was going to pick corn, and he came over to my house. Q. 32. How long was he to stay at your house, two or three days?-A. No, sir; to help me clear through. Q. 33. How long would that be?-A. As long as it would take to pick the corn. Q. 34. Then where was he to go?-A. There was nothing said about that. Q. 35. That was the length of time he was to stay?—A. That was the time for which I hired him. Q. 36. Then so far as you know he was going away?-A. We did not have any more work for him. Q. 37. When you got through, if there was no more work, he was to go away?—A. There was nothing said about that. Q. 38. That was your understanding?-A. I presume so. Q. 39. When you are through with a man you hire, you expect him to go away A. Yes, sir. Redirect: Q. 40. Do you know anything about the residence of J. W. Shelton?-A. No, sir; and I cannot tell you anything about him. ($1.75 paid as fee by contestant.) STATE OF IOWA, Tama County, 88: JAMES L. MCGEE. JASON H. THURSTON being produced and sworn before me, O. H. Mills, a notary public for Tama County, on this 5th day of May, A. D. 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, W. H. Stivers on part of contestee): Q. 1. Where do you live?-A. Montour. Q. 2. How long have you lived there?-A. About 2 weeks. Q. 3. Where did you live before that?-A. At Howard. Q. 4. Did you know John W. Shelton and J. H. Smith? A. Yes, sir. Q. 5. When did you know them?-A. Well, in Indian Village Township part of the time was their home. Q. 6. They lived there about that time?-A. Yes, sir; but they have been out to work mostly, that is, Shelton has. Q. 7. That is their home, is it?-A. Yes, sir. Q. 8. You have known that to be their home from 9 to 13 years?-A. Yes, sir. Cross-examination: Q. 10. You say John W. Shelton has resided in Indian Village Township all the time-A. That has been his home. Q. 11. Where was he during the summer '82-A. Most of the time in Indian Village Township. Q. 12. What is his father's name?-A. Thomas. Q. 13. Where does he live?-A. In Mo. Q. 14. Where did he live during the summer of '82; that is, his father?-A. Yes, sir. Q. 15. When did he move away from Tama County ?-A. He went away in Feb., '82. Q. 16. Did not John W. go with them?-A. Not when his father did. Q 17. Where did he live in Indian Village Township, in the the summer of '82 ↑—A. Well he lived whereever he worked. Q. 18. Where did he work?-A. For Henry Cooper. Q. 19. Who else ?-A. I don't know just exactly where all he did work, but he came back here. Q. 20. What is that?-A. He went down on a visit to Mo. Q. Hold on a little, what do you mean? You say he came here; do you mean to Indian Village Township?-A. Yes sir, he went on a visit to Mo. Q. 22. He came back to Indian Village-whereabouts in Indian Village ?—A. To Montour. He worked for corn-shellers there. Q. 24. What corn-shellers?-A. I don't know what the men's names were that shell corn. Q. 25. How do you know that he did this?-A. I saw him. Q. 26. When was it ?-A. In the month of June, '82. Q. 27. When else did you see him?-A. He was at my house frequently during the summer; he grubbed for Henry Cooper 2 or 3 months, in Indian Village. Q. 28. For Cooper?-A. Yes, sir. P. 29. What months?-A. I think that he commenced there in Aug.; the last of Aug. or the first of Sep. Q. 30. Did you know where he went last fall?-A. No sir. Q. 31. Did he leave?-A. He went away in the fall. Q. 32. What time in the fall?-A. The last of Dec., about the 20th. Q. 33. Do you know where he was at the time he left in Dec. ?-A. He was husking 'corn for Q. 34. Was it for Wilcox?-A. Some for Wilcox and some for another man. Q. 35. Was it the same man that husked corn for Wilcox?-A. Yes, sir; for different men at Montour. Q. 36. Was he the man that had difficulty about the horses ?-A. No, sir. Q. 37. Which one was that?-A. That was Arden. Q. 38. Do you know how long he husked corn for Wilcox?-A. I don't think he husked corn for Wilcox more than a week. Q. 39. This is the same John W. Shelton?-A. Yes, sir. Q. 49. Arden is a brother of his?-A. Yes, sir. Q. 41. Where did he come from when he came back?-A. He went Q. 42. Well, you need not tell me where he went to when he came back there.-A. He went into Mo. on a visit. Q. 43. How do you know that he went on a visit?-A. He told me so. Q. 44. When did he tell you that?-A. When he started away; he was at my house on the night previous to the time that he left. Q. 45. When did he tell you he was going on a visit?-A. Some time in the month of Oct., '1. Q. 46. Visiting where his father lived, in Mo. ?-A. No, sir; his father did not live there. He went down the second winter on a visit to his uncle. Q. 47. Then in the spring his father moved down there?-A. Yes, sir, in Feb. Q. 49. He stayed here how long after he came back?-A. Until the last of Dec. Q. 51. Is he there still?-A. Yes, sir. Redirect: Q. 52. When he went down there he left his property, took clothes, &c. ?-A. Yes, sir. Recross-examination: Q. 53. What did he leave in the way of property?-A. It consisted mostly of a grub-hoe and a grindstone. Redirect: Q. 54. Did he leave his clothing?—A. Yes, sir; part of it. Recross-examination: Q. 55. What did he leave?-A. Coat and vest. Q. 56. The one that he grubbed in ?-A. I expect so. Q. 57. Where did he leave his coat and vest?-A. At his brother's, Elroy Shelton. Q. 58. How do you know that?-A. I have seen it there. Q. 59. What color?-A. About the color you have on there. Q. 60. How do you know it was his ?—A. I have seen him wear it frequently. Q. 61. You have seen him wear it simply and you supposed it was his ?-A. Yes, sir; just the same as I suppose that is yours. Q. 62. How far apart did you and Leroy live?-A. About 80 rods. Q. 63. You went there to Leroy's?-A. Yes, sir; frequently. Q. 64. Did they tell you he had left his coat and vest?—A. I saw them there; I did not ask them if he left them there. Q. 65. Where was this coat and vest at Leroy's?-A. In the house. Q. 66. Whereabouts in the house?-A. I don't know. Q. 67. Where was it hanging up ?-A. On the wall in the house. Q. 68. Which side of the house?-A. On the east side of the house. Q. 69. On which side is the door?-A. On the west side. Q. 70. Well is that the time you went in; where did you go in ?-A. I think I went in at the west door. Q. 71. It was in Oct. -A. In Nov. and Dec., I was there frequently. Q. 72. What year?-A. '81. Q. 73. Then you saw his coat and vest hanging up in Leroy Shelton's house?—A. Yes, sir. Q. 74. Where did you see the mattox and grindstone ?-A. At his folk's old place? Q. 75. That is the one he used ?-A. Yes sir. Q.86. That is why you think it was his ?-A. Yes, sir. Q. 77. Was it his grindstone?-A. Yes, sir. Q. 78. He did not take it with him?-A. No, sir; his folks sold it after they went away, and the grub-hoe was sold after he came back, |