Q. 4. What time did he move into Linn County?-A. I cannot state the exact time Donahue moved into Linn County; I think somewhere in the month of Oct., though. Q. 5. Where did he formerly live?-A. In Jones County.

Q. 6. How far did he live from the place he now occupies?-A. I judge it to be about two miles.

Q. 7. Are you sure that the house was not erected and that he didn't live in that house as early as the 7th of Sept. ?-A. I am positive of it.

Q. 8. You are positive that he had not been there 60 days before the November election, 1882?-A. I am positive that he did not live in that house.

Q. 9. Your judgment is that the house was not erected till what time?-A. Some time in the forepart of October, 20th or 15th.

Q. 10. How long did he live in Jones County?-A. That I don't know.

Q. 11. Did he live there for a year or more?-A. I cannot tell you about that; I don't know. He was living there when I came back to Viola. I had been in Kansas for eleven He was living there when I came back.

years.

Q. 12. You may state, if you know, whether Mr Felton voted at the November election, 1882 ?-A. Yes, sir; I know that he voted.

Q. 13. State whether you were there.-A. Yes, sir; I was there.

Q. 14. Were you there at the time the polls were closed? A. Yes, sir.

Q. 15. Were they announced closed?-A. In the morning Mr. Gillilan, the clerk, made a proclamation that the polls would be closed at 8 o'clock, perhaps a little later, I think 8 o'clock; well, about 8 o'clock, perhaps, he made a proclamation that the polls would be closed in 15 minutes. My recollection is that at 8 o'clock he declared the polls closed.

Q. 16. At what time was this man permitted to vote? At what time did he vote?A. I do not know what time.

Q. 17. How long was it after the closing of the polls?-A. About 15 or 20 minutes after 8.

Q. 18. Did you object to his voting?-A. Not at the time that he voted, but afterwards; says I, "That is an illegal vote;" at the time I did not really think of it.

Q. 19. Did they consider that the polls had been closed?—A. I don't think that they made any answer, one way or another.

Cross-examination:

Q. 20. Mr. Worrel did not accede to your proposition.-A. No, sir; he did not.

Q. 21. Now, Mr. Shanklin, this matter was something that happened some time ago. A. Yes, sir.

Q. 22. Has there been anything in particular since that time to keep it fresh in your memory? Do you state it now as you recollect it, without being positive?-A. Yes, sir; there has been something on my mind, from the fact that I heard right away after the election that Frederick was going to contest the seat. I always considered there were two illegal votes there.

Q. 23. You had been interested in looking up matters.-A. Yes, sir; I am interested. Q. 24. For that reason you kept it in your mind?-A. No, sir; not for that reason. I was interested in looking it up; not for that reason have I kept it in my mind.

Q. 25. Why, then?-A. For the reason that I thought Frederick was going to contest the election.

Q. 26. You are a Democrat?—A. Yes, sir; I am.

Q. 27. I see by your testimony that you have said something about coming back after having been a resident of Kansas?-A. Yes, sir; I have been away from Viola, Linn County, Iowa, almost 11 years.

Q. 28. When did you come back?-A. In March, about a year ago.

Q. 29. Have you been living in Viola ever since?-A. Yes, sir.

Q. 30. Working at your trade?-A. Yes, sir; mostly.

Q. 31. Your recollection of that matter is that Mr. Gillian announced in the morning that the polls would be closed at 8 o'clock; at 8 o'clock he announced that the polls would be closed in 15 minutes. Then you say, to the best of your recollection, he announced that the polls were closed?-A. Yes, sir; I think so.

Q. 32. Any one else make an announcement?—A. I didn't hear any; people kept right on voting there; there was but one that voted after that.

Q. 33. Well, I mean in a straggling manner kept on voting up to the time that Felton voted, didn't they?-A. There was no vote received after the announcement was made but Mr. Felton's.

Q. 34. You mean that announcement that the polls would be closed in 15 minutes?— A. Yes, sir; I think so.

Q. 35. Then your recollection is that there was no vote received from the time that Gillian announced that the polls were closed except Mr. Felton's?-A. Yes, sir; that is my recollection.

SHACKLIN recalled.

Q. 36. Were they counting votes at the time that Felton voted?-A. Yes, sir; they were. F. M. SHACKLIN.

Paid $2.75 as fee by contestant.

H. P. GILLILAN recalled.

Q. 1. Have you been assessor for Brown Township ?—A. I am this year.

Q. 2. Did you know where Mr. Donohue lived before he moved into your county; what county did he live in?-A. Yes, sir.

Q. 3. What county?-A. Jones County.

Q. 4. You say you were assessor this year or last?-A. I am assessor now; I have not got through yet.

Q. 5. You were last year?-A. No, sir.

Q. 6. Did you say when you recollected that he moved back?-A. No, sir; I don't remember when he moved into this county.

Q. 7. Had been living there for many months, hadn't he?-A. Yes, sir; I should say from 6 to 8 months.

Q. 8. Man of family, isn't he?-A. Yes, sir.

Q. 9. Did you know the house he lived in?-A. Yes, sir.

Q. 10. He and his family lived in Jones County until he moved into this county?—A. Yes, sir; lived in Webb's house.

Cross-examination:

Q. 11. Prior to this he lived in Viola?-A. Yes, sir; he did.

STATE OF IOWA,

Linn County, 88:

H. P. GILLILAN.

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. 22d, 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 witnesses: Stephen C. Bailey, W. J. Donnahue, G. L. Felton, Mat. Bingham, John Warrall. Taken at Cedar Rapids by agreement of parties: Irving P. Bowdish, H. O. Bishop, John Penly, H. P. Gillilan, F. M. Shanklin, whose testimony is set forth 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: Benjamine T. Frederick, contestant, and James Wilson, contestee, by their respective attorneys, and the questions 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 witnesses, who corrected the same and each correction noted, and said testimony was signed by the witness and sworn to by him before me.

I further certify that T. Brown and Carney appeared as counsel for the contestant, and M. P. Mills appeared as counsel for James Wilson, contestee.

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

(SEAL.]

ELDON MORAN, Notary Public and Commissioner agreed upon to take testimony.

Deposition of witnesses produced before me, Eldon Moran, notary public and commissioner agreed upon to take testimony, and duly sworn by G. W. Burnham, a notary public of Benton County, on this 27th day of Feb., 1883, in pursuance of the notice hereunto attached, at office of J. F. Payne, Vinton, Benton County, Iowa, in a proceeding pending before the House of Representatives of the United States of America, in a contested election, for the office of Representative in Congress, in which proceeding Benj. T. Frederick is contestant, and James Wilson contestee, Brown appearing on the part of contestant, Nichols and Burnahm and Nichols on part of contestee. STATE OF IOWA,

Benton County, 88:

JOHN M. YATES, being produced and sworn before G. W. Burnham, a notary public in and for Benton County, on this 27th day of Feb., and examined before me, testifies

as follows (T. Brown appearing on the part of contestant, Nichols and Burnham on part of contestee):

Q. 1. What is your name, age, place of residence, and occupation?-A. My name is John M. Yates, and I am on a farm now.

Q. 2. Age?-A. About 50 years; I could not say positively.

Q. 3. Where did you say your residence was?-A. In the suburbs outside the city limits in the city of Vinton.

Q. 4. Where did you live last fall, Nov. last?-A. In Nov. last I was living about one and three-quarter miles southeast of Garrison, Iowa.

Q. 5. Your family with you?-A. No, sir; I have a brother, but no family; I have a brother and his wife with me, but no family.

Q. 6. Is that in Taylor Township?-A. I don't know exactly; it is in Benton County. I think that is Johnson, is it not?

Q. 7. Do you know what section of land you live on?-A. Yes, sir; I know the owner; it belongs to Mr. Wolf; he has owned it a long time.

Q. 8. What section is it?-A. I could not say, sir.

Q. 9. What is Mr. Wolf's first name?-A. I don't know positively; perhaps he has a middle H.

Q. 10. Who are his neighbors; that is, neighbors about this land where you lived last Nov.?-A. Barkdall on the N. E.

Q. 11. What is his name?-A. I don't know; he keeps a lumber-yard in Garrison; I don't know his first name; I think the Isley farm is on the east of him.

Q. 12. You think Barkdall is on the east?-A. Well, sir, partially on the east; some of his land is on the east and some of it on the north.

Q. 13. Who did you say lived directly on the east?-A. Isley owns the farm, but it is rented, on the east.

Q. 14. Who lives on the west?-A. Well, there is a road on the west; right along the road there is a man living by the name of Taylor; that is the farm he rents from the Farmers' Trust and Loan Co.

Q. 15. Farmers' Loan and Trust Co.?-A. Yes, sir; a company of the city of Vinton. Q. 16. Who lives on the south of you?-A. The man that did live there was named Wing; the man who now lives there is Kugman; I don't know his first name; I was a stranger there; I mind my own business.

Q. 18. How long did you reside there before the month of Nov.?-A. I rented the farm; I got possession on the first of Nov.

Q. 19. You mean Nov. or Dec.-A. I mean Nov.; in fact, I had possession sooner, but you may call it then, because Wolf went to Neb.

Q. 20. Where did you live before that?-A. I lived before that-well, I may say I was boarding in my sister's house before that, if you go back a year or two, in New Jersey, 20 miles from New York City.

Q. 21. What I mean to ask you is where your home was on the 1st of Nov. last; where did you get your washing done; where did you board?-A. I got it right there in the house, because I was there alone. My brother had gone east, and I had to board out. I was close to the farm; I was on the farm every day I could go.

Q. 22. At what house were you boarding?-A. At Mr. Siller's.

Q. 23. What is his first name?-A. John. You will understand me to say I was in the house I had rented every day except Sabbath. I did not generally go on Sabbath.

I was there because I had a little stock there.

Q. 24. Do you know the number of the section you boarded on?-A. No, sir; I don't. I could not say now.

Q. 25. Do you know the section?-A. No, sir, I do not.

Q. 26. Where you boarded-which way was it from the farm you rented?-A. It was northwest a short distance; it is the second house from Wolf's, on the road to Garrison. Q. 27. You don't know the number of the land you lived on, or the section?-A. I do not; I have not the papers, so I can't tell.

Q. 28. You say you don't know the section of the land he and you rented?-A. It is not in my memory now so that I can swear to it.

Q. 29. Of whom did you say you rented?-A. Mr. John Wolf; he is a wolf, too, if there ever was one. If you want to be positive and will give me time, I will go home and get the papers.

Q. 30. Which way was the farm you rented from the town of Vinton?-A. From Garrison now?

Q. 31. No, from Vinton.-A. Well, it will be southwest; the city is right southwest, travel one mile south and keep-possibly two miles south-then keep right straight through.

Q. 32. You know the McCrackner farm?-A. No, sir; Isley was on the east of me; Raymond was on the south; I had 60 acres; then the road is on the west, and Borkdall

on the north with part of his farm on the east; I think it is Peter Borkdall. a lumber-yard in Garrison.

He keeps

Q. 33. Which way did you live from Blackford's?—A. I don't know any person by that name.

Q. 34. What is Wolf's first name?-A. John.

Q. 35. John I. Wolf?-A. I don't know whether it is John I. Wolf or not. He owned that 80 acres some time, mostly rented except Borkdall's, who lives on his own place.

Q. 36. What other neighbors did you say you had within a mile of you?-A. Well I will tell you the man who owned a quarry with Frazier, he was southwest of me, but across the road. Then there was this man that lives up

Q. 37. Where do you live now?-A. I live close to Vinton, one and a half miles from Vinton, right southwest.

Q. 38. What farm?-A. It formerly belonged to John Porterfield, 60 acres.

Q. 39. Now which way was the farm you live on from that?-A. It would be southwest of that.

Q. 40. How far?-A. Well, we call it from 7 to 8 miles; I suppose to go around the road; there is no straight road through, so we would have to go around. The direct line is not more that 6 or 7 miles,

Q. 41. When did you move on the farm you live on now?-A. Well, I did not move; my brother moved; but that has nothing to do with me, I suppose.

Q. 42. Well, when did he move on the farm you live on now?-A. I think he moved about the first of Nov., but would not be positive.

Q. 43. Didn't yon board with your brother?-A. No, sir; sometimes I boarded one place, and sometimes another, wherever I could get it the handiest.

Q. 44. Where did you get your washing done, and where do you make your home now?-A. With my brother.

Q. 45. How long have you made your home with your brother?-A. Well, perhaps three months; I could not say positive.

Q. 46. With whom did you make your home before that?-A. We all lived on the same farm; that is, my brother, his wife, and myself.

Q. 47. On what farm?-A. On Wolf's farm.

Q. 48. When did your brother move from Wolf's farm?-A. I think about the first of Nov., because we could not go in to this place; it was not fit to live in; we could not stay in it.

Q. 49. You moved before election, did you not; your brother moved on this farm where he lives before that?-A. You mean my brother?

Q. 50. Yes, sir.-A. My brother moved about one week before election.

Q. 51. Into Vinton Township; no, I mean Taylor Township?-A. You mean the township where we live now?

Q. 52. Yes, sir.

Q. 53. Did you have a trunk?-A. No, sir; I am not so rich.

Q. 54. Did you have any wearing apparel except what you wear every day?—A. Well, sir, I had a change, but it was not much of a change.

Q. 55. Now, where was that wearing apparel?-A. My wearing apparel was over at Wolf's, except what I had on me; sometimes one place, and sometimes another. Q. 56. Did you have any at your brother's?-A. I don't know that I had; perhaps

there was.

Q. 57. How long have you lived with your brother?-A. Well, I think about three months.

Q. 58. Did you live with him before?-A. I lived with him on Wolf's farm. Q. 59. How long did you live with him on Wolf's farm in all; how long have you been making your home with your brother?-A. I don't always make it there. Q. 60. How long have you made it there?—A. I could not say positively.

Q. 61. State as nearly as you can.-A. Well, I suppose that taking the farm and getting possession of Wolf's farm on the first of Nov., was 11 or 12 months, or about that; I could not be positive about that.

Q. 62. Did you rent the farm of Wolf, or did your brother rent it?-A. I rented it. Q. 63. Your brother lived with you?-A. Yes, sir.

Q. 64. He let you farm it?-A. Yes, sir.

Q. 65. He moved the first of Nov., and you with him over to this township?-A. No, sir; I did not move at the time he moved, because I had to attend to things over there.

Q. 66. Who rented this farm over there, yourself or your brother?-A. We did not rent the farm over there at all; we did not rent Porterfield's farm at all; we bought it. Q. 67. Did you buy this farm?-A. Yes, sir; I bought it, but not for myself. Q. 68. You bought Porterfield's farm?-A. Yes, sir.

Q. 69. Do you live on it?-A. Yes, sir; I do now.

Q. 70. You intended to live on it as soon as you bought it, intended to make it a home-A. Well, I could not, because it was not fit to live on.

Q. 71. Was it not fit to live in?-A. No, sir; not at that time.

Q. 72. It was then when your brother moved in, was it not?-A. No, sir; it was not; it is not even fit to live in now in cold days during the winter.

Q. 73. What was the difficulty?-A. The difficulty was that the house was not fit to live in.

Q. 74. Your brother did live in it, did he not ?-A. Yes, sir; he tried to.

Q. 75. You intended to fit it up for a home, did you not ?-A. Yes, sir.

Q. 76. You had been on the Wolf farm only a short time-how long?-A. Well, for a year, I guess; I rented it for a year.

Q. 77. When was your lease out?-A. That would bring it out in Nov.

Q. 78. First of Nov.-A. Yes, sir; about that time.

Q. 79. Now, where did you stop the night before the Nov. election, on the first of Nov., where did you stay?—A. Well, I could not say positive, I could not.

Q. 80. Where did you stay the last three nights before that?-A. Possibly here at what was Porterfield's place, one of the nights out of three.

Q. 81. You were staying there at your home, were you not; you had attempted to make your home there?-A. I intended to, yes, sir.

Q. 82. Your brother moved on to the farm, and you intended to live with him as soon as the house was in order?-A. Yes, sir; as soon as it was in good condition-as soon as I could stay there.

Q. 83. You had gone there to stay a few nights. How many nights have you staid there since he moved?-A. You mean at the Porterfield place?

Q. 84. Yes, sir.-A. I cannot state, sir.

Q. 85. Three or four nights?-A. No, sir; I think not.

Q. 86. Well, how many ?-A. I could not possibly say.

Q. 87. State as many as you can; was it more than one?-A. No, I think not.

Q. 8. You had staid one night ?-A. Well, I may have staid one night.

Q. 89. Did you help move ?-A. Yes, sir.

Q. 90. What did they move?-A. We moved furniture and wearing apparel.

Q. 91. You moved your wearing apparel?-A. They may have put it in, I did not. Q. 92. Who owned the furniture, you or they?-A. Well, I don't know; I could not say. I might not have paid all the money; they paid part.

80.

Q. 93. You substantially paid the money for that furniture?-A. Yes, sir; I think

Q.94. You moved it over to the place you had bought; that is, the Porterfield place! -A. Yes, sir; we moved it over; we wanted to get into the house as soon as we could make it comfortable.

Q. 95. You put it into the house?-A. No, sir; I believe not; I don't know. There was a barn there.

Q. 96. You put it on the place?-A. Yes, sir; we got it on the place, and got it inside in the afternoon.

Q. 97. They had a bed and table; I guess they were short.

Q. 98. They had bedding there?—A. Yes, sir; some.

Q. 99. They lodged there?-A. No, si; they did not. It comes to my memory now that they did not lodge there.

Q. 100. Where did they lodge ?-A. At old Mr. Porterfield's, right west of here. Q. 101. Did you lodge there?-A. I may have staid a day or two.

Q. 102. This house and furniture that was moved to this place was yours?-A. No, sir; I didn't say so.

Q. 103. Didn't you say you bought it ?—A. Many a man can buy a thing not for himself.

Q. 104. Was it deeded to you?-A. No, sir; it was not.

Q. 105. Who was it deeded to?-A. Robert Yates.

Q. 106. Who is he?-A. My brother.

Q. 107. Was it a place you intended to keep?-A. Yes, sir.

Q. 10. You intended to make it your home?-A. I intended to do so, yes, sir.

Q. 109. You had moved your things over upon it and you have remained there ever since, have you?-A. I could not swear positive to that.

Q. 110. What do you say to-day?—A. Well, was having Wolf's farm—

Q. 111. Well, hold on, not that-have you remained there ever since as your home? A. Yes, sir; I think I have.

Q. 112. Your lease of Wolf's farm expired the first of Nov.ΗA. He allowed me time.

Q. 113. The lease expired?-A. Yes, sir; I suppose so.

Q. 114. You were over to the Wolf farm to clean up the harvest and to take care of the property you had on it?-A. Yes, sir; to take care of it.

Q. 115. You helped your brother move the things you had bought?-A. Well, I lifted them up to him on the wagon.