Q. 36. You hunted up this matter for Mr. Frederick?—A. No, sir; I did not know anything about it till this morning. Q. 37. How long was this party at the polls?-A. That I can't tell you. I saw him a moment there; I don't know how long; I did not pay very much attention to it. I don't know how much longer he staid. I don't know when he went away. The two brothers came in and sat upon a work-bench; as soon as I got there I stepped up to them. Q. 38. He and his brother came together?-A. Yes, sir; I suppose they did; they both sat upon the bench. Q. 39. Did you ever know them to vote before?-A. I don't know whether they ever did or not. This was the first time I had peddled tickets and been at the polls during the day for some time. Q. 40. That was the first time you had peddled tickets there?-A. No, sir; this was the first time in that precinct; we have divided up a little. Q. 41. You don't know whether he had been there voting or not?-A. No, sir; I can not say. Q. 42. How long have you known him?-A. I don't know about that; somewhere in the neighborhood of ten or twelve years. I have known his father that long Q. 43. How old a man is he?-A. 23 or 22 of age; I don't know exactly; should judge he is about that old. Q. 44. How often in the past year have you seen him?-Several times; I don't know exactly; every little while I would see him in town. I saw him working for a neighbor of mine. Q. 45. What kind of work?-A. Ditching. Q. 46. Laying tile?-A. No, sir; just ditching to run water off. Q. 47. Anybody working there with him?-A. Yes, sir; colored men. Q. 48. Did the colored men appear to have charge of him?-A. Did not appear to me that anybody had charge of anything, from the looks of the thing. Q. 49. They were striking out on their own hook?-A. Yes, sir; shoveling away in the mud. Q. 50. Those two brothers are poor men?-A. Yes, sir; their mother has a farm. Q. 52. I understand you to say they had to depend upon the produce of their- Q. 53. I don't care anything about that. I want to know this: when they sold produce of any kind, they had to depend on the judgment of the buyer how much the thing was actually worth? A. Yes, sir; John, especially. I never saw Joseph make a trade of any kind. I bought hogs of John. Q. 54. You say John is poor? Q. 55. What official position have you ever held?-A. Only one-representative of this county. I am holding that now. Q. 56. Are all the children of that family weak-minded?-A. That I could not tell you, sir; I know only these two. I have seen them, but I do not know. These two are the only ones I have ever talked with. Q. 57. How much capacity has John?-A. Well, it is limited. Q. 58. He has some capacity for doing business?-A. Yes, sir. Q. 59. You think he is capable and does attend to such business as farming?-A. Yes, Q. 60. This other man does not?-A. No, sir; I never saw him do it. Q. 61. Difficult of instruction? A. Yes, sir. Q. 62. He would not be capable without help of taking care of himself at all?-A. No, sir; I don't think he would be, if depending on his own ability to do it. Recross-examination: Q. 63. Then, from what you know of this man you simply think that he is a feebleminded person; is that the idea?-A. Yes, sir; that is the idea; I think that he has not much of any mind at all. Q. 64. He would not even make a good Democrat?-A. I represented him last fall. Redirect-examination: Q. 65. This is Joseph; how about the other?-A. He does a little business. Q. 66. What do you mean by that; do you mean that the other one is incapable of doing business?-A. Yes, sir, incapable of doing business. Redirect cross-examination: Q. 67. You don't mean to say that he absolutely don't know anything; don't know how to labor, how to eat, how to dress himself? A. Yes, sir; he feeds himself, but it is only when you show him how. He will sit down, break sticks, and mutter to himself. Q. 68. I have seen lots of smart men do that. Can he talk rationally on any subject?-A. No, sir; not to be understood unless you are acquainted with him. (Fees paid by contestant, $2.50.) STATE OF IOWA, Linn County, 88: IRVING P. BOWDISH. H. O. BISHOP being produced and sworn by Eldon Moran, a notary public for Johnson County, by agreement on part of constestee, and examined before me, testifies as follows (T. Brown appearing on the part of contestant; M. P. Mills on part of contestee): Q. 1. Your name, age, place of residence, and occupation.-A. H. O. Bishop; am nearly 43; reside in Waubeck; am a farmer. Q. 2. You were one of the officers at the Nov. election, '82, at Waubeck precinct, Marion Township, Linn County, Iowa?—A. I was one of the clerks of election. Q. 2 (a). Do you know whether Joseph Forman voted at that election?—A. Yes, sir; I do. (Mr. Miller objects to the question, with the understanding that the witness is incompetent.) Q. 3. State with whom he came to the polls to vote.-A. I don't think I can do it. I did not take notice enough. Voters came in with a rush sometimes; I attended strictly to my business as clerk. Q. 4. Simply know that he voted?-A. Yes, sir; I simply know that he voted; as to how, I know nothing. Q. 5. What is the capacity of this man; is he capable of doing ordinary business?— A. His capacity is very limited and he has always had that reputation in the neighborhood. When questioned by any one-he knows enough to go and come, that is all. Q. 5 (a). The common reputation of an idiot?-A. Hardly that; he has the reputation of a fool in the community; we don't exactly call him an idiot; he has the reputation of a fool. Artemus Ward puts an adjective to it that I don't like to repeat; but that is his reputation. Q. 6. Has this man Joseph Forman any capacity of taking hold and doing any ordinary business for himself?-A. I cannot conceive of any business that he would have a capacity to perform. Q. 7. Has he capacity enough to understand the political condition of the country, or to form any rational idea of its politics?-A. No, sir; not at all; don't think his friends would claim it. Q. 8. Can he carry on any ordinary conversation with his neighbors so as to be understood?-A. Well, to be frank about it, I have conversed with him several times, and could never understand a word that he says; his own people understand him; I can't understand a word that he says. He has lived within a mile of me for ten years and I cannot make out anything; it is gibberish, I suppose. Q. 9. Do you know the whole family?-A. Yes, sir; I think I do. I know the mother and these two boys; also another that is away from home; there are four of them. Q. 10. What is the capacity of all these children?-A. Well, this one, John, his mental caliber is a little larger; he transacts ordinary business in an awkward way, like some farmers who do business in a very unsuccessful way. Another boy, 12 years old, is an acknowledged fool by every one. He was away last winter; went to Central, Jones County; could give no account as to where he belonged. They recovered him at the poor-house in Jones County. Q. 11. What effort did the family make to find this one that had strayed away?—A. Well, John went to assist in finding him. I could not testify as to the rest of it. John knew enough to hunt for him, but did not go a great ways-that is, this family and friends pursued him until they found him. There is also another boy, perhaps 14 years old; I forgot to mention him. Q. 12. No matter about him. Both of these men, John and Joseph, are weak-minded men, and exceedingly so?—A. Well, I won't say in regard to John being weak-minded; he has nowheres near the average intelligence; but Joseph is very low down--nothing to compare with him in all my knowledge anywhere. Cross-examination: Q. 13. How long have you known Joseph?-A. Well, I don't know exactly; I should judge about ten years. Q. 14. Your name is Bishop?-A. Yes, sir. Redirect examination: Q. 15. Do you think his brother John would understand the political condition of the country, or would have any preference for either party as to which one he ought to vote for? Look at the ticket and form any rational conclusion as to the matter.-A. I should hardly think so. Cross-examination continued: Q. 16. This is the gentleman of whom you first spoke?-A. Yes, sir. Q. 17. Now, Mr. Bishop, you are a Democrat ?-A. Well, I dare not hardly say; I was at the last Democratic election, but I am now a Prohibitionist. Q. 18. That was at the election before.-A. I was a Prohibitionist on the 27th of June. Q. 19. What election before that?-A. I voted Democratic; I admit that. Q. 20. We then understand that you were wavering between Democracy and Prohibition?-A. I am wavering between something and Prohibition. Q. 21. Now, being a life-long Democrat, until you forsook the party and joined the Prohibitionists, in your opinion, has not Joseph the ordinary intelligence of the Republican voters in that precinct?-A. Their grade of intelligence averages probably with that of most communities. I don't say his intelligence does. Q. 22. That is not the question; I want to know if his intelligence averages with the balance of Republicans in that neighborhood?-A. I think not, hardly; I think very little of them, but I can't say that much. Q. 23. Just tell us how it is compared with the Democrats.-A. No, sir; not with them at all. Q. 24. Let us follow it right along-how is it with the Greenbackers there?-A. We have no Greenbackers there. Q. 25. I thought you would compare them with John.-A. We have none there. Q. 26. You have been intimately acquainted with this family?-A. We were neighbors; they lived just a mile from me; I have seen them a hundred times every year at least. Q. 27. How far from Waubeck did you live?-A. Just beyond the suburbs; I lived right there at the Nov. election. Q. 28. Well, sir, in your opinion, this family you spoke of here are feeble-minded people? A. Yes, sir. Q. 29. They are innocent in their intentions?-A. I think so; I don't know of any grimes they have ever committed. Q. 30. You spoke of one straying off?-A. Yes, sir. Q. 31. Ever heard of a child straying off before?-A. Yes, sir, several of them. STATE OF IOWA, Linn County, 88: H. O. BISHOP. JONATHAN PENLY being produced and sworn before Eldon Moran, a notary public for Johnson County, by agreement on part of contestee, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, M. P. Mills on part of contestee.): Q. 1. Where do you reside?-A. A few miles west of Waubec. Q. 2. What township?-A. Main Township, Linn County. Q. 3. Did you attend the Nov. election in your township, in Linn County, in '82?—A. Yes, sir. Q. 4. You may state if you know Joseph Foreman.-A. I do. Q. 5. Is he kind of state what is his condition as being a man capable of doing ordinary business.-A. I should think that he is deficient in that capacity. Q. 6. Do you know whether he voted at the Nov. election, 1882?-A. Yes, sir; I do. Q. 7. Were you one of the judges?-A. Yes, sir. Q. 8. Do you know whom he came to the election with?-A. No, sir. Q. 9. Whom he got his ticket of?-A. No, sir. Q. 10. Did you know how he voted?-A. No, sir. Q. 11. Do you regard him as a man of sufficient capacity to form any rational conclusion of his country?-A. I do not. Q. 12. What are your politics, Democratic or Republican?—A. Democratic. Cross-examination. Q. 13. You say that you were one of the judges of the election?-A. Yes, sir. Q. 14. You remember distinctly that this gentleman voted?-A. Yes, sir. Q. 15. You received his vote, did you?-A. I did not. Q. 16. I mean the judges? A. Yes, sir. Q. 17. You offered no objection to it?-A. Yes, sir; I did. Q. 18. Did you challenge his vote?-A. No, sir; I made remarks to the other judges that Q. 19. Well, I mean that you did not challenge his vote?-A. No, sir. Q. 20. I understood you to say that you did not think that he understood the politics of the country?—A. Yes, sir; I said so. Q. 21. You live in Main Township? A. Yes, sir. Q. 22. What proportion of the male adult inhabitants of Main Township do understand the politics, in your opinion?-A. I don't know that I could state that positively, but I should consider him Q. 23. Well, I want you to leave him out of the proportion up there.-A. I should think fair average of intelligence. Q. 24. Well, this is not the question. I know that this is the home of Bowdish, but what is the proportion, in your opinion, of the male adult inhabitants of that township who understand the politics of the country?-A. I don't know how you would consider that to be answered. Q. 25. I want you to answer it by making an estimate as near as you can.-A. As far as my acquaintance goes, I should judge that they understood it fairly. Q. 26. Do you mean to answer by that, that so far as your acquaintance goes and your knowledge extends that the inhabitants of that township understand the politics of the country?-A. Yes, sir; I think so. Redirect examination: Q. 27. This man Foreman you would consider an exception?-A. Yes, sir; I do. Q. 28. Can't he talk so as to be understood by his neighbors?-A. I can't understand him. Q. 29. He can't express himself intelligibly on any subject; not even so as to be understood?-A. No, sir. Q. 30. He is not deaf and dumb?-A. No, sir. Q. 31. But simply incapable of learning how to speak?-A. Yes, sir; I think so. Recross-examination: Q. 32. You mean that he cannot articulate so you can understand him?—A. Yes, sir; I do say that. Q. 33. You don't speak of others; you mean he don't articulate so you can understand him?-A. That is what I say. (Witness fee, $3.35. Paid by contestant.) STATE OF IOWA, Linn County, 88: JONATHAN PENLY. H. P. GILLILAN, being produced and sworn before Eldon Moran, a notary public for Johnson County, by agreement on part of contestee, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, M. P. Mills on part of contestee): Q. 1. Where do you reside; name and residence?-A. H. P. Gillilan; residence, Brown Township, Linn County, Iowa. Q. 2. Were you one of the officers of the Nov. election, 1882?-A. I was clerk. Q. 3. I mean when the people voted for the office of Representative in Congress?—A. Yes, sir. Q. 4. I will ask you whether you are a Republican ?—A. Yes, sir; I am. Q. 5. Do you know Joseph Foreman?-A. Yes, sir; I should say I do. Q. 6. What is his mental capacity as to his being able to do ordinary business ?—A. Rather small calibre his, I should say, although I never had any business transactions with him. Q. 7. Can he speak so you can understand him?-A. No, sir; not so I can understand him. Q. 8. You regard him as a fool, and don't his neighbors ?-A. I can't say how I regard him; I think his neighbors generally regard him so. Q. 9. You may state if you know Michael Donohue.-A. Yes, sir; I do. Q. 10. Do you know when he moved into Linn County ?--A. No, sir; I don't know when he moved in. Q. 11. You say you don't know?-A. No, sir; I don't know when he moved into this county. Q. 12. You know that he has been a resident of Hones County?-A. Yes, sir; I knew he had been. Q. 13. You know where he now lives?-A. He resides in Linn County. Q. 14. What time did he get his house?-A. I don't know as to that. Q. 15. At your election, November, 1882, state if any one voted after the polls closed ?— A. Well, sir, I can not state positively whether any one did or not. Q. 16. Don't you remember if George Felton voted?-A. Yes, sir; he voted. Q. 17. What time did he vote?-A. He was the last man who voted, I think. Q. 18. What time was it announced that the polls would be closed?-A. 8 o'clock. Q. 19. What time was it when he voted?-A. I don't know; I cannot say. Q. 20. Was it after 8 o'clock ?-A. I cannot say positively. Q. 21. Didn't you as clerk announce that the polls had closed at that time?-A. I will tell you exactly. My best recollection is that I announced that the polls should be closed in 15 minutes. I remember it had been announced that the polls would be closed at 8 o'clock; then one of the judges announced that the polls would be closed in 15 minutes. Q. 22. But you didn't see whether or not Felton had voted within that 15 minutes?— A. I cannot say. Q. 23. Did you announce that the polls were closed?-A. Not to my recollections. Q. 24. Were you not counting on a large open ballot-box?-A. Yes, sir. Q. 25. You considered the polls closed?-A. Yes, sir; I think so. My memory is not distinct on that. Q. 26. You don't swear that they were not closed, but you swear that you considered that they were closed?—A. I don't know whether or not, but swear that I don't know that they were not closed. This is my opinion on it. Cross-examination: Q. 27. Was there any question raised about Felton by the judges?—A. No, sir; no question or objection whatever. Q. 28. Nothing of the kind?-A. No, sir. Q. 29. You say that you made the announcement, as you recollect, that in 15 minutes the polls would be closed ?—A. Yes, sir. Q. 30. You have no recollection that you made the announcement that the polls were closed?-A. I have no recollection that I made any announcement the polls were closed, only that that they should be closed. Q. 31. Had they been voting up to the time that Felton voted?-A. Yes, sir, only very slowly, one at a time. Q. 32. This was the country township; they came straggling along?-A. I cannot say; this is my first experience on the election board. Q. 33. You say that he came and tendered his vote?-A. Yes, sir. Q. 34. Who were the judges?-A. Worrel, Arthur, Garretson, and Mr. W. R. Brown. Q. 35. I judge from the men that Mr. Garretson and Brown were Republicans, and Mr. Worrel a Democrat ?-A. Yes, sir; that is a fact. Q. 36. He is the same Worrel that testified here this morning in this case?-A. Yes, sir. Q. 37. Was he there when Felton voted?-A. Yes, sir. Q. 38. He didn't challenge Felton's vote?-A. No, sir; I think not. Q. 39. If he had you would have known it, would you not?-A. Yes, sir; I think so. Q. 40. This Joseph Foreman-you consider him foolish ?-A. Yes, sir; I do, certainly, so far as my judgment goes. He is according to my judgment, nothing else. Q. 41. There are other foolish people in that neighborhood?—A. Only one more that I know of. Q. 42. You may state first, Mr. - state if you opened the ballot-box for the purpose of counting? Before you closed the polls, didn't open the box till you considered the polls closed?-A. Yes, sir; I think that we did. Q. 43. You yourself got the polls closed at the same time?-A. Yes, sir; this is my impression that they were closed. Q. 44. Now state if Mr. Shanklin didn't object to your receiving votes when Mr. Felton came in there to vote?-A. I don't know that he did or didn't. Q. 45. Mr. Shanklin was there all the time, I think?-A. I didn't pay much attention to that, as the judges should have done, because I was not one of the judges. Q. 46. You say that your position as clerk had nothing to do with opening or closing the ballot-box?-A. Yes, sir; that is all that I had to do with it. Q. 47. You were simply there for the purpose of closing the polls?-A. Yes, sir; that is all. (H. P. Gillian paid $2.75 as fee by contestant.) STATE OF IOWA, Linn County, 88: F. M. SHANKLIN, being produced and sworn before Eldon Moran, a notary public for Johnson County, by agreement on part of contestee, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, M. P. Mills on the part of contestee): Q. 1. What is your name, age, place of residence, and occupation?-A. F. M. Shanklin; live in Viola, Brown Township, Linn County, Iowa; I am a carpenter by trade. Q. 2. I will ask you if you know Joseph Foreman?-A. No, sir; I don't know him. Q. 3. I will ask you if you know Michael Donahue?-A. Yes, sir; I do. |