Q. 33. Never peddled tickets with Wilson's name on?-A. He says that he noticed that some were written on pencil, but didn't notice just what it was. Q. 34. Was the top of the ticket just like this one?-A. He says it was about like this one, referring to one of the tickets. Q. 35. You had a good many of this kind of tickets?-A. No, sir. Q. 36. How many of them?-A. I didn't count them. Q. 37. 20 or 30 of them ?-A. No, sir. Q. 38. 15 or 20 of them?-A. No, sir. Q. 39. Five?-A. Well, I don't know, maybe two or three, maybe 5, maybe 50 or 100; I don't know. Q. 40. Didn't you vote the Republican ticket last fall?—A. I went to the polls to vote the Republican ticket. Q. 41. Ask him if he can read English?-A. He can read Bohemian. Q. 42. Can you read writing?-A. Yes, sir; but I suppose that I will understand if different. Q. 43. I will ask you if the ticket that had the writing next to the top was Democratic or Republican?—A. He says that he don't know. (Paid as fee by contestant, $1.65.) STATE OF Iowa, Johnson County, 88: JOSEPH XAITHAMEL. GIL. F. FLETCHER, being produced and sworn before me, Eldon Moran, notary public for Johnson County, on this 2nd day of May, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant and Milton Remley appearing on the part of contestee): Q. 1. Where do you reside?-A. Iowa City. Q. 2. Are you a public officer here?-A. Deputy sheriff. Q. 3. How long have you been deputy sheriff?-A. Something over 5 years. Q. 4. You have had some experience in serving papers?-A. I think so. Q. 5. I will ask you if you served subpoena to-day on Mr. Haddock?.-A. No, sir; I did not serve that. Q. 6. I will ask you if you have ever had any difficulty in serving papers on Bohemians?-A. I have always found a great deal of difficuly in finding Bohemians by their names as they were spelt in the notice. Q. 7. Is the pronunciation of these names different from the spelling?—A. Yes, sir; very often it is. Q. 8. Are they spelt in different ways?-A. Yes, sir. Q. 9. What incongruity did you find in the spelling?—A. I found going by a name in the community in which they lived, and it is spelt different from the pronunciation; I can give an example or two. Q. 10. Give some.-A. One of John the name of of Newport Township, who answers to -; he has been sued in court in this county under either name, and he has answered to either name in court. (Contestee objects to this testimony as incompetent and immaterial.) Q. 11. State how long you have lived in this county ?-A. For 32 years. Q. 12. Did you know Frank --A. I don't believe I do by that name. Q. 13. John Kozak ?-A. I don't believe I do. Q. 14. Are yon acquainted with Joseph --A. Yes, sir; I am. Q. 15. What name does he go by also?-A. I know him by that same name, I think. Q. 16. What is he generally called?-A. If it is the man I think it is, I know him by the name of Haddock. Q. 17. I will ask you if you know W. J. Haddock?-A. Yes, sir. Q. 18. Has he acted as district judge? (Contestee objects; incompetent, immaterial; not proper rebuttal.) Q. 19. Has he acted as circuit judge in this county?—A. I am not positive; I think so; wouldn't say so of my own knowledge. Q. 20. You don't remember of him acting as such? What are his politics? (Objection by contestee, not proper rebutting evidence.) A. Republican. Q. 21. I will ask you if the one you refer to was Mr. Wilson's attorney in this case at any time?-A. Yes, sir; I think so. Q. 22. You saw him in the court before the commissioner acting as attorney, examining witnesses at the early part of the term, both before the commissioner and Mr. Swisher, notary. You think you didn't see him there?-A. No, sir; I don't remember whether I saw him there when he was there. Q. 23. You may state if you heard the contestee refer to him as attorney, or if you ever served papers on him in this case as attorney.-A. I didn't myself; the sheriff served them. I haven't heard Mr. Wilson refer to him as attorney. Q. 24. You have had records in your hands issued by circuit court while Haddock was judge?-A. No, sir; I never had. I think if he was circuit judge in this county it was before I was deputy sheriff, five years ago. ($.85 paid as fee by contestant.) STATE OF IOWA, Johnson County, 88: GIL. F. FLETCHER. STEPHEN BRADLEY, being produced and sworn before me, Eldon Moran, a notary public in and for Johnson County, on this 2nd day of May, A. D. 1883, testifies as fol lows (Milton Remley appearing on the part of contestee, and T. Brown on the part of contestant): Q. 1. Are you clerk of the district court?-A. Yes, sir; for Johnson County. Q. 2. How long have you acted as such ?-A. A little over two years. Q. 3. How long have you lived in the county?-A. Over 36 years. Q. 4. Are you acquainted with W. J. Haddock?-A. Yes, sir. Q. 5. I will ask you if you know of his acting as attorney for Jas. Wilson in this proceeding? (Objection; incompetent, immaterial.) A. No, sir; only by hearsay. Q. 6. I will ask you if the man you refer to is Judge Haddock?-A. Yes, sir. Q. 7. How was he judge in this district?-A. I don't know anything about the time he was judge, personally. Q. 8. Were you never here when he was on the bench?-A. No, sir; it was a good many years ago. Q. 9. Do the records in your office show that W. J. Haddock was judge of the district court? (Objection; not the best evidence.) A. Well, all I know about the judgeship is from hearsay. Q. 10. You don't know whether his name appears on the record?-A. No, sir; I have never met it. It may be possible that it is there, for all I know. Q. 11. You may state if you have the records of naturalization of this court in your possession.-A. Yes, sir. Q. 12. You may state if you have any difficulty in tracing names of parties naturalized from your papers.-A. Yes, sir. Q. 13. How does the difficulty exist?-A. Well, mostly with Bohemians' names. Q. 14. What difficulty arises from Bohemian names?-A. It is difficult to find them beforehand, and the way they spell their names in their own language. Sometimes they are recorded as we would spell them in the English language. Q. 15. Are there a good many that appear to be naturalized on the record of the county in the county court the names of whom have no person answering to them in the county?-A. Yes, sir. Q. 16. Does the name appear frequently on the county and district courts?-A. Well, I never looked. I have seen the same appear twice on the same record, on the same index. Q. 17. When Mr. Wilson was taking testimony did they give you the name of Mr. Shondel, and inquire if he was naturalized?-A. Yes, sir. Q. 18. Did you find the name ?-A. No, sir; not then. Q. 19. Have you since found found it ?-A. Yes, sir; I have found what I think is the name. Q. 20. Will you turn to the court which contains a record of it ?-[Witness turns to the book.] A. I find here the name of Albert Zandle, issued in the circuit court, Johnson County, and it is generally pronounced Shondel. Q. 21. Did they give him the name of King?-A. No, sir; I believe not. Q. 22. Did you keep the records of the names they gave you?-A. No, sir. Q. 23. Now, is Zendel the correct spelling of that name?-A. No, sir; I don't think that is the proper way to spell that name. Q. 24. Don't Bohemian names begin with almost any letter of the alphabet ?—A. Yes, sir; almost any. Q. 25. Irrespective of pronunciation ?-A. Yes, sir. Q. 26. Are they spelled in different ways in English?-A. Yes, sir. Q. 27. How is the name of Flach spelled?-A. John Wlach; that is the only way of spelling the name of Wlach. Q. 28. How is the name of Schich spelt?-A. Schich. Q. 29. Have you the code of '51 in your office?-A. No, sir; the earliest one we have is the revision of '60. There are some in town, though. Q. 30. You may state who recorded these naturalization papers that appear to be issued in the county court.-A. I find some of them to be recorded by S. Bacheler, clerk in the court at that time. Q. 31. For what period of time was the record made up by him?-A. The first poriod of his recording the records of naturalization, 2d of June, 259; that is in the county court. The last one in the county court was the 25th of Nov., '59. The books are badly mixed. Here is the book that appears to be a continuation of the first book. Here is one recorded 27th of Oct., '60. Q. 32. Don't the records commence way back in '51?-A. Well, '59 is the first I found there. Q. 33. You say up to '60 the records were made by Mr. Bacheler, clerk of the court -A. Yes, sir. Q. 34. Some of the records were made up by the county judge himself?-A. Yes, sir. Q. 35. I will ask you if you are acquainted in this county?-A. Yes, sir; I have been here a good while. Q. 36. Do you know a good many parties that were Republicans that were naturalized in the county court?-A. Yes, sir. (Contestee objects to it.) Q. 37. There are a good many persons who are leading Republicans who were naturalized in the county court, whose names appear on the naturalization record ?—A. Yes, sir. Q. 38. What are the politics of Judge Haddock ?-A. Generally considered Republican. Q. 39. Can you tell of the naturalization in the county court ?-A. Yes, sir. (Witness refers to a book.) (Contestee objects; not proper rebuttal.) A. Yes, sir; I have found it here. I have found the naturalization papers of Wm. J. Haddock, a native of Ireland. Q. 41. Please read that record to the reporter. (Objection; not competent, immaterial; not proper rebutting evidence.) Copy of page 33, naturalization record 32. RECORD OF NATURALIZATION. UNITED STATES OF AMERICA. State of Iowa, Johnson County, 88: Be it remembered at the term of court holden in and for said county, State of Iowa, on the 5th of November, A. D., 1860, was presented the Hon. Geo. W. McClary, sole presiding judge, S. Bacheler, clerk of said court, when the following, among other proceedings, was had, to wit: Wm. J. Haddock, a native of Ireland, at present residing in said city, appears to be admitted to the satisfaction of the court that he had declared on oath before that he had immigrated to and arrived at the United States under the age of 18 years, and that he continued to reside therein until the present term of the court of record, having common law jurisdiction, and using a seal, two years at least before his application, and that it was bona fide his intention to become a citizen of the U. S., and to renounce for all and forever all allegiance to any foreign power, potentate, State, or sovereignty whatsoever, and particularly to Victoria, Queen of Ireland, to whom he was a subject. The court being satisfied by the testimony of John Haddock that the said applicant had resided within the U. S., and for a term of years, 5, next preceding his admission, without being at any time during the said time, 5 years, out of the U. S., and within his State for one year at least; and it further appearing to the satisfaction of this court that during that time he has behaved himself like a man of good moral character, attached to the principles of the Constitution of the U. S., and well disposed to the good order and happiness of the same. Thereupon, the court admitted the said applicant to become a citizen of the U. S., and further, by the proceedings aforesaid, to be entered by record, and it was done accordingly by the clerk of the court. Q. 41. What record is that?-A. Naturalization record No. 2. Q. 43. Of the Johnson County circuit court?-A. No, sir; of the Johnson County STEPHEN BRADLEY. court. Cross-examination of Bradley by Brown: Q. 1. Are there books of naturalization outside of those you have referred to on direct examination?-A. Yes, sir; there are books of naturalization, not numbered, called naturalization papers. Q. 2. Don't you frequently find several of the same name naturalized?—A. Yes, sir. Q. 3. How many Jerry Malones are there naturalized in your records?-A. I have only found one; I know of two, but one is dead. Q. 4. One is deceased, is he?-A. Yes, sir. Q. 5. What Jerry Malony did this book have reference to that you have examined?— A. I think it is the one that is dead. Q. 6. How many Thomas Berrys do you know?-A. Two living and one dead. Q. 7. What Thomas Berry; of whom you examined record of naturalization?—A. I have reason to believe that it is the Thomas Berry that is dead, from the fact that it was his brother-in-law who was his witness. (Contestee objects to the answer for the reason that it is simply an opinion.) Q. 8. Do you know Patrick Slovan?-A. Yes, sir; I know two of them. Q. 9. How many Pat Slovans have taken out papers?-A. Only one. Q. 10. Do you know that these men whose records you have searched to-day are the same ones whose names that were given you by the parties?-A. I don't positively know that they are the same. Q. 11. Do you know that they are also men of the same name naturalized in these books? A. Yes, sir; I know men of the same name in these books. Q. 12. How can you tell that they are the same men we have been inquiring for?— A. I can't tell positively, I suppose. Q. 13. Now, have you not their record in an index ?-A. We have naturalization papers. I can see that they are indexed. Their index is to be found in the old index of the old court papers. Q. 14. There are a good many men naturalized in the old court records that haven't been present here at all?-A. No, sir, not present here. Q. 15. They string over a good many books, don't they?-A. Yes, sir; quite a number. Q. 16. It would take a good while to go over these records ?-A. Yes, sir; quite a while. Q. 17. You find all the names that these present have asked you in these books?—A. No, sir; not all of them. Q. 18. They may appear on other books than those you have examined, may they not? (Contestee objects: Leading.) Q. 19. Do they appear on other books in this county besides what you have produced here? A. Yes, sir. Re-direct: Will you examine the records that you find numbered here and find out whether or not the names of Chas. Tomask, Joseph Hurdluchka, and Joseph Prusha appear on these records? Please go to your office and examine them and report the result of the examination. (Contestee admits that a certain W. H. Haddock, who has been referred to here, was one of the attorneys for Jas. Wilson, the contestee in Johnson County, in these proceedings. It is agreed between the parties that the commissioner shall here answer the report of Bradley in regard to the other names given him at any time when he might be able to make a report of the same.) P. S.-Mr. Stephen Bradley, a witness, on the 4th day of July, 1883, makes the following report to the commissioner: Having examined through the records in my office referred to in the question, I make answer that no record whatever of the naturalization of the parties named in the question are to be found in any of these records. STATE OF IOWA, Johnson County, 88: J. C. COCHRAN, being produced and sworn before Eldon Moran, a notary public in and for Johnson County, on this 2nd day of May, A. D. 1883, testifies as follows, being examined before me, T. Brown appearing on the part of contestant, and Milton Remley on the part of contestee. Q. 1. Where do you reside?-A. In Iowa City. Q. 2. How long have you lived here?—A. Twenty-nine years; about that length of time. Q. 3. Were you naturalized here in the county court? (Contestee objects: Incompetent; not proper rebuttal.) A. Yes, sir. Q. 4. Have you no papers?-A. Yes, sir. Q. 5. Will you show them, please? (Contestee objects to all this testimony of this witness on the ground that the time for direct testimony had expired, and protests against the introduction of original testimony during the ten days of rebuttal. There is no law for it; no authority for it.) Q. 6. You may please present your papers, Mr. Cochran. (Witness produces the same in court.) A. Here is the article. Q. 7. You are a Republican, are you not, in politics?-A. Well, yes, sir. Q. 8. You voted the Republican ticket many years?-A. Remley says I need not answer unless I wish. Q. 9. You need not.-A. Then I won't tell. Q. 10. It is a previously privileged question. Wilson has asked the same question.-— A. I have voted for Democrats sometimes when I thought they were better men than the Republicans. Q. 11. Did you vote for Jas. Wilson last fall?-A. I won't answer that; it is un necessary. Q. 12. You have lived here as a citizen a good many years and voted since you have been naturalized?-A. Yes, sir. Q. 13. You took ordinary oath before the county court?-A. Well, really I cannot tell you whether I took the oath. I took the papers. Q. 14. You have never had a doubt as to your right to vote since you obtained those papers?-A. Well, that is unnecessary, so I will not answer it. Q. 15. You have voted right along?-A. Yes, sir. Q. 16. Exercised the right of franchise?-Yes, sir. Q. 17. Your vote has never been challenged, has it?-A. Yes, sir. Q. 18. As soon as you had those papers? A. Yes, sir; I think so. Unless I understood it was going to be; it was challenged before I got that paper, I think. then, but I am not at all clear about it. Q. 19. You put in your vote, did you not?-Oh, yes, sir. It was once since Q. 20. You swore it in, did you not? A. No, sir; I pulled out that paper. Q. 21. They admitted it?-A. Yes, sir; they did. Q. 22. Same paper introduced in evidence by contestant. juries? A. Yes, sir; when I could not help it. Have you ever served on Q. 23. Have you held any office?-A. No, sir; none in the gift of the American people. Q. 24. You have served on juries?-A. Yes, sir; I think so. Q. 25. You have considered yourself an American citizen since you got those papers?— A. Yes, sir; I think so. Q. 26. Well, I think so. STATE OF IOWA, Johnson County, 88: I. S. Bacheller, clerk county court in and for the county of Johnson, in said State, do hereby certify that J. C. Cochran appeared before George W. McClary, county judge for said county, and it appears that said Cochran is entitled to become a citizen of the United States; and the court, after hearing the testimony and having filed advice in the premises, order by said court that said J. C. Cochran be entitled to become a citizen of the United States of America. In testimony whereunto I have hereto set my hand and seal of the said court in Iowa City, this second day of April, A. D. 1860. [Seal of Johnson County attached.] I. S. BACHELLER, Clerk. (Contestee objects to the above; not the best evidence in proper rebuttal.) Q. 27. You are not ashamed of your politics, are you?—No, sir. Q. 28. Have you any hesitation to state how you voted?—No, sir; I usually vote Republican. BROWN. I simply introduce this testimony for the purpose of showing that Republicans in this county have the same kind of papers you introduced. Have papers and have voted regularly and considered themselves citizens. I believe that Cochran is just as good a citizen as Remley. (Contestee says that he refuses to appear in the taking of the evidence of this witness.) STATE OF IOWA, Johnson County, ss: J. C. COCHRAN. 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. 22, do truly certify that on the 2nd day of May, 1883, in pursuance of the notice hereunto annexed, I took the depositions of the following witnesses: Chas. Holfka, L. A. Allen, Joseph Pisha, John L. Berry, Joseph Zaithamel, Gil Fletcher, Stephen Bradley, J. C. Cochran, Stephen Bradley (recalled), whose testimony is set forth in the following manner: Each witness was first by me duly sworn, or caused to be sworn in my presence, as provided by law, and when sworn the H. Mis. 22-14 |