Q. 79. Did he leave his grindstone and mattox with his father when he went away! -A. No, sir.

Q. 80. With whom did he leave them?-A. Where he was at work on Stevens' farm. The grub-hoe he left at Leroy's.

Q. 81. After he had gone his father sold them?-A. I believe so; I heard something to that effect.

Q. 82. Then it is your idea that before they moved to Mo. they sold his effects; grindstone and grub-hoe?-A. I heard that they sold the grindstone; I am not positive about that.

Q. 83. You were not at the election, were you?-A. Yes, sir; in Howard Township, but I understand it was not recorded there.

Re-direct.

Q. 84. Did this young man tell you he was going to Mo. on a visit?-A. Yes, sir.
Q. 85. He stated when he went away that he was going to go!-A. Yes, sir.
($1.55 paid as fee by contestant).

STATE OF IOWA.

Tama County, 88:

J. H. THURSTON.

JOHN S. SHELTON, being produced and sworn before O. H. Mills, notary public for Tama County, on this 5th day of May, 1883, and examined before me, testifies as fol lows (T. Brown appearing on the part of contestant, and W. H. Stivers on the part of contestee):

Q. 1. You are living in Indian Village Township?-A. Yes, sir.

Q. 2. How long have you lived there?-A. Ten or twelve years, maybe fifteen alto

gether.

Q. 3. Did you vote at the November election, 1882-A. Yes, sir.

Q. 4. Did you know W. W. Shelton?-A. Yes, sir.

Q. 5. He is a relative of yours?-A. Yes, sir.

Q. 6. What relation?-A. He is a cousin of mine.

Q. 7. Where did you live in November, 1882?-A. I was working in Montour.

Q. 8. Well, did he live in Indian Village Township at that time?-A. Yes, sir.
Q. 9. Wasn't that his home?-A. Yes, sir.

Q. 10. How long had he been a resident of that township -A. Well, he had most always lived there.

Q. 11. How many years?-A. Most all his life.

Q. 12. What was his age?-A. Can't say exactly; 24 or 26; somewhere along there.
Cross-examination:

Q. 13. He went to Missouri in the fall of 1882, didn't he?—A. Yes, sir; he went to
Mo. last winter.

Q. 14. In the fall of '82 he went there?-A. I don't know but that he did in the fall of '81; he said that he was going there.

Q. 15. He went away?-A. Yes, sir.

Q. 16. His father lived in Indian Village previous to his moving to Mo.-A. Yes, sir.

Q. 17. The boy made his home with his father up to the time that he went away to Mo.-A. Yes, sir; he was there.

Q. 18. He went away, saying that he was going to Mo. in the fall of '81-A. Yes, sir.

Q. 19. Now in the spring, in February, '82, his father moved away, as you understand it, to Mo.-A. Yes, sir.

Q. 20. The same place that John had gone the fall before?-A. Well, I suppose so; I don't know.

Q. 21. That was the understanding here?-A. Yes, sir.

Q. 22. Then, in June, was it, John came back here and went to work around from place to place, didn't he?-A. It was along about the 30 of June, or the 1st of July, somewhere along there.

Q. 23. You mean the last of June or the 1st of July ?-A. Yes, sir.

Q. 24. He came here and worked around in the fall, near election?—A. Yes, sir.
Q. 25. Worked around with Wilcox-A. Yes, sir.

Q26. Sometimes worked with Potter?-A. Yes, sir; he worked shelling corn in

Montour.

Q. 27. Worked around from place to place some time in the fall before election!A. Yes, sir.

Q. 28. Then went away again A. Yes, sir.

Q. 29. Do you know where he went; back to Mo., wasn't it?-A. Yes, sir; I suppose so.

Q. 30. That is as far as you know?-A. Yes, sir.

Redirect:

Q. 31. Did he go in '81 visiting, or to make it his home?-A. I suppose that he went visiting; he went to see his folks.

Q. 32. When he came back, he came back to his old home where he had formerly lived. Yes, sir; right in the neighborhood.

Q. 33. He staid around there and went away in the fall or winter, in Dec. ?—A. Yes, sir.

Q. 34. He had been a resident all his life in the same township?-A. Yes, sir; pretty much.

Q.35. Did he leave any property-A. No, sir.

Q.36. Leave any tools or clothes -A. Yes, sir.

Recross-examination:

Q.37. What tools did he leave?—A. He had a couple of grubbing hoes. He left them on Hogan's farm.

Q. 38. What else?-A. Myself and him had a well-auger, and he said if I had a chance to trade it off, to do so.

Q.39. When his father went away what did you do with it?—A. I turned it on a note that he was owing.

Redirect:

Q. 40. When did he go away permanently? When did he say that he was going to move to Mo.-A. I don't know that he said that he considered that he was going to move to Mo.

Q. 41. You don't know that he has left yet, but to visit?-A. He calculated to go back there to Mo.

Q. 42. He lived here until election last fall?-A. Yes, sir; nearly all the time he wasn't away.

Q. 43. Well, he was away visiting, wasn't he?-A. I suppose so; I don't know but he was.

Q. 44. Did he tell you that he was coming back the first time that he went away?— A. Yes, sir; he told me that he was coming back.

Recross-examination :

Q.45. You say that he calculated to go back to Mo. last fall; how do you know that?-A. I didn't say that at all.

Q. 46. I mean that last fall.-A. I guess that he went back.

Q.47. You say that he told you that he calculated to go back?-A. Well, I don't know but what he did.

Q.48. What did he say to you, and when was it that he told that he calculated to go back to Mo? Was that when he came up in June, or July, that he told you that he was going back in the fall?-A. No, sir; when he first used to talk about it he said that he didn't know but that he would go back.

Q.49. When he was going back he was husking corn?-A. He said that after he got through husking corn that he calculated to go back to Mo. I saw him and he

said that he was going.

Q. 50. That is when they started to go ?-A. Yes, sir.

Q. 51. They were going to stay here and husk corn, and then go back to Mo. Wasn't that the way of it ?-A. I don't know but that it was.

Q. 52. You say that he told you that they were going back to Mo. When was that? When did this conversation take place?-A. Some time when they were together. Q. 53. About what time of the year was it that this conversation took place between you and them?-A. It might have been the last of Sept.; I don't know. Q. 54. It was some time before they went away, any way?-A. Yes, sir.

Q. 55. They told you that as soon as corn-husking was over that they were going back?—A. I don't remember just how it was; it might have been after work was done.

Q. 56. After the corn was husked did they tell you that they would go back? Was that the way of it?-A. They told me that after the work was done that they might go back.

Redirect:

Q. 57. He never claimed to have his home in Mo. ?-A. I don't know that he ever did. Q. 58. He had lived here in Iowa all the while; didn't move when his father did ?— A. No, sir.

Q. 59. He moved in the fall after his father did?—A. Yes, sir; he went back, and came back in the summer, and went back in the fall.

Q. 60. He went first to make a vist and to see the country?-A. I suppose so.

Q. 61. How long did you know J. H. Smith ?-A. 10 or 12 years.

Q. 62. When did he move from Indian Village Township, or does he live there Jet-A. Yes, sir; I think so.

Q. 63. He has lived there all the time, has he not?-A. Yes, sir.

Q. 64. 12 or 13 years?—A. Yes, sir; or longer. He was a little small chap when he first came here.

Q. 65. Lives there yet?-A. Yes, sir.

Recross-examination:

Q.66. What Smith is it?-A. The one that lives up at Jack Turner's.

Q. 67. That old gentleman ?-A. No, sir.

Q. 68. The one that lived at Potter's ?-A. No, sir; he never lived at Potter's.

Redirect:

Q. 69. J. H. Smith; that one that is referred to as going away-there is one up there, is there?-A. That is the only one I know.

Q. 70. You are pretty well acquainted there?—A. Yes, sir.

Recross-examination:

Q. 71. You know of one J. H. Smith, there?-A. I don't know of any more there. Q. 72. Where does this J. H. Smith live now?-A. He lives just south of Jack Turner's.

Q. 73. Married man?-A. No, sir; then there is another Jim Smith that lives away south.

Q. 74. This is James H. too?—A. Yes, sir.

Q. 75. Lives there yet?-A. No, sir.

Q. 76. You know two J. H. Smith's in that township?-A. Yes, sir; I suppose so. Q. 77. Now, has that J. H. Smith that you testified to have been here right along for each season of the year?-A. Yes, sir.

Q. 78. There still?-A. Yes, sir.

Q. 79. Not went away at all?-A. No, sir; not that I know of

Q. 80. You are right there close by?-A. He might have been 4 or 5 months away, and I don't know it.

Q. 81. He is not gone now?-A. No, sir.

Q. 82. Not gone for the last three months?-A. No, sir; he has been around there a long while.

ARTHUR NELSON recalled.

For Tama County, May 5th.

JOHN H. SHELTON.

Q. 1. Did you know J. H. Smith?-A. I know a Smith; I don't know his initials. I know Jim Smith who lives west of Potter, 2 miles.

Q. 2. Do you know this other J. H. Smith?-A. No, sir; I don't know him.

Q. 3. He lives in Highland Township?-A. Yes, sir; Í guess so; close to Potter there.

Q. 4. Was there any J. H. Smith, that worked on the Milwaukee R'y?—A. No, sir; he might have worked some place, but not at Potter. He did not work on the Potter section.

STATE OF IOWA,

Tama County, 88:

JOHN H. SMITH, being produced and sworn before me, H. Mills, notary public for Tama County, on this 5th day of May, 1883, and examined before me, testifies as fol lows (T. Brown appearing on the part of contestant, and W. H. Stivers on the part of contestee):

(Objection to the witness, for the reason that his name does not appear on the notice.) Q. 1. Did you vote in Indian Village Township?-A. Yes, sir.

Q. 2. Is your name J. H. Smith?-A. Yes, sir."

Q. 3. Are you the gentleman that Mr. Wilcox claimed that didn't live in that township?-A. I don't know whether I am or not. I must be, though.

Q. 4. Did you live and work at Potter's last summer?-A. No, sir.

Q. 5. How long have you lived there?-A. 12 years.

Q. 6. You are a resident of that township, are you?-A. Yes, sir.

(Contestee refuses to appear in the taking of this witness, for the reason that his name does not appear in the notice.)

($1.75 paid as fee by contestant.)

J. H. SMITH.

STATE OF IOWA,

Tama County, 88:

WILLIAM BLODGETT, being produced and sworn before O. H. Wells, a notary public for Tama County, on this 5th day of May, 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. Do you know Thomas Caffery?-A. Yes, sir.

Q 2. Are you a citizen of this township?-A. Yes, sir.

Q. 3. How long have you lived in this county ?-A. 31 years.

Q. 4. You may state whether Thomas Caffery ever stated to you for whom he voted.A. He said in V. & D.'s drug store that he voted for Wilson.

Q. 5. Was that after the election?-A. I don't think that it was before the election. I think it was the next day.

Q. 6. Did he state that publicly?—A. Yes, sir. I think he was talking to some German when he made that statement.

Cross-examination:

Q. 7. To whom was he talking?-A. I don't recollect any of them that were there who heard it. I think Mr. Marshall was in there for one.

(85 cents paid as fee by contestant.)

STATE OF IOWA,

Tama County, 88:

WM. BLODGETT.

JAMES MCLAUGHLIN, being produced and sworn before O. H. Wells, notary public for Tama County, on this 5th day of May, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and W. H. Stivers on part of contestee):

(Contestée objects to the testimony of the witness for the reason that the residence of the witness is not given in the notice.)

Q. 1. Where do you live ?—A. In Van Horn.

Q2. How long have you lived in Tama City ?-A. One year and six months.

Q. 3. Where do you live now ?-A. In Van Horn, Benton County.

Q. 4. When did you begin to live in Van Horn ?-A. Last Tuesday a year I moved there.

Q. 5. Do you know Tom Morgan ?-A. Yes, sir; he is my partner.

Q. 6. Where did he live last Nov. ?-A. Here in Tama City.

Q.7. How long did he live here?—A. He has lived here as long as I have. I came a year ago in April; he was here then.

Q. 8. He was here then?-A. Yes, sir, a year ago this April when I came here; I don't know how long before that.

Q. 9. Where did he live?-A. Right up here. He lived with me from the 27th of August, when we started into business together, 27 Aug.

Q. 10. This was his home, was t?-A. He was in a barn up here owned by Mr. Brown. Myself and he went into business in a grocery store on the 27 of Aug. Q. 11. Well, what was he doing in the barn ?-A. He had the barn rented. kind of a stable barn.

It was

Q. 12. His residence was here in Tama City last year?-A. Yes, sir; he was here in April when I came here; I don't know whether he had been here before that or not; I know that he was here a year ago last fall; I went away from here a year ago last fall; he was here when I left and when I came back.

Q. 13. He lived here last fall, did he ?-A. Yes, sir.

(Contestee objects to the taking of the evidence of this witness for the reason that his place of residence is not given in the notice.)

Q. 14. Do you know John Holland?-A. Yes, sir.

Q. 15. Where does he live?-A. He boarded with us.

Q. 16. When did he commence to board with you ?-A. Sept. 4th.

Q. 17. Where did he live previous to that time?-A. He worked for

at Furguson's.

Q. 18. How long did he live there?-A. I don't know that.

; up here

Q. 19. How long have you known him?-A. He came to board with us Sep.

Q. 20. He boarded there until after the election, did he ?-A. Yes, sir.

Q. 21. Did he leave his trunk and clothes there when he boarded with you ?-A. Yes, sir.

Q.22. Do you know James Burns?-A. Yes, sir.

Q. 23. Where did he board last fall?-A. Yes, sir; I know where he boarded.

Q. 24. Where did he board?-A. He boarded with us.

Q. 25. When did he come there ?-A. Last of Sep.

Q. 26. Where did he make his home?-A. His folks live up nine or ten miles from here.

Q. 27. How long did he live in this county?-A. He has lived here ever since I came here, ever since last April a year ago.

Q. 28. Here in the county, to your knowledge, a year?—A. He has lived here a year ago last April. He was here from April up to the election, because I am here in April and he was here then.

Cross-examination:

Q. 29. You say you kept a grocery?-A. Yes, sir.

Q. 30. What do you keep for sale?-A. Groceries.

Q. 31. What else?-A. Groceries.

Q. 32. What else do you keep; don't you keep a lager-beer saloon?-A. I keep some beer.

Q. 33. Answer me yes or no.-A. Yes, sir. What is the matter with you?

Q. 34. You say a lager-beer saloon is a grocery ?—A. I said I sold beer.

Q. 36. Did you not keep a beer saloon -A. Yes, sir.

Q. 37. Is a beer saloon a grocery ?—A. Yes, sir; I keep a grocery store.
Q. 38. Saloon and grocery in one building together?-A. Yes, sir.

Q. 39. Was there a sign out?-A. What kind of a sign do you mean?

Q. 40. Any kind of a sign.-A. Yes, sir.

Q. 41. What was the sign?-A. It was a boarding-house sign.

Q. 42. What else?-A. Saloon sign and beer sign.

Q. 43. Was the word "saloon" on the sign ?-A. It was a beer sign.

Q. 44. Was the word "saloon" on it ?-A. How do I know?

Q. 45. Why don't you tell me ?-A. I tell you I don't know.

Q. 46. Did you not have a sign up on your building for a saloon?-A. We had a beer sign.

Q. 47. Answer that, please. Did you not have a sign op your building, on the front of it? It said saloon.-A. I guess not.

Q. 48. You had a beer sign up? A. Yes, sir.

Q. 49. What kind of a sign was it?-A. You go up there now and you will see it; I can't explain it.

Q. 50. You keep a boarding-house?-A. Yes, sir.

Q. 51. For the Milwaukee company?-A. I keep it for any one that comes along, if they have the money to pay for it.

Q. 52. In the same room as the saloon?-A. No, sir.

Q. 53. You say this man Morgan boarded with you?-A. No, sir; I did not say anything of the kind. He was a partner of mine.

Q. 54. In the saloon ?-A. Yes, sir.

Q. 55. How long was he here as a partner?-A. From the 27th of Aug. until Tuesday last.

Q. 56. Did you vote at the election?-A. Yes, sir.

Q. 57. You keep a saloon?—A. Yes, sir.

Q. 58. How long did you expect to stay here?-A. I did not know that I should stay any length of time.

Q. 59. Had no intention of going away ?-A. No, sir.

Q. 60. Did Morgan have?-A. I did not know his intentions.

Q. 61. You say Elwood boarded with you?—A. Yes, sir.

Q. 62. What was he doing?-A. Working on the Milwaukee R'y.

63. Section hand?-A. No, sir.

Q. 64. What was he doing?-A. Working on the train.

Q. 65. On what train?-A. On the rock train.

Q. 66. What do you mean by that-a gravel train?-A. No, sir; a rock train.

Q. 67. A construction train?-A. Rock train.

Q. 68. What kind of work do the hards do?-A. Shovel.

Q. 69. Shovel what?-A. Dirt.

Q. 70. Where ?-A. Wherever they get it.

Q. 71. All along the lines of the R'y-A. Yes, sir.

Q. 72. How far?-A. I don't knw how far.

Q. 73. Do you know how they did that?-A. I saw them.

Q. 74. Where were they?-A. Unloading.

Q. 75. Then it is the train that runs along the road?-A. Yes, sir.

Q. 76. He was working on that train?-A. Yes, sir.

Q. 77. Do you know about his working anywhere else?-A. Yes, sir.

Q. 78. For whom did he work?-A. For me.

Q. 79. When?-A. After he quit the train.

Q80. When did he quit the train, please?—A. I cannot exactly say.

Q. 82. About what time?-A. In November.

Q. 83. Up to that time you say Thomas Elwood's father lived out here?—A. Yes, sir. Q. 84. It is in this township; is it?-A. I don't know.

Q. 85. About how far is it from here?-A. 9 or 10 miles.