Q. 18. That is caused by a failure of the blood in one of the arteries that supplies the base of the brain, is it not?-A. Not necessarily clogging of blood; there is a variety of conditions of the brain that might cause it.

Q. 19. It is a paralysis of the whole of the brain?—A. No, sir; not the whole; only a portion of it.

Q. 20. Was he competent on the 7th day of November last of doing or carrying on his ordinary business as he formerly did?-A. No, sir, he was not.

Q. 21. Doesn't aphasia more or less always impair the mental faculties in a business point of view?-A. Yes, sir; it does in a business point of view.

Q. 22. The want of power to speak in aphasic persons is caused by the paralysis of the palatal organs, or organs of the throat, is it not?-A. No, sir; I don't think that it is. I don't understand it in that way. I think it is a disease of the brain when there is an inability to speak language.

Q. 23. Producing confusion of thought?-A. No, sir; not that, exactly; but the inability to remember words to express himself in language.

Q. 24. Does it not apply equally well to the recollection of facts?-A. Yes, sir; I believe that also.

Q. 25. For an apasic person is capable frequently of remembering some few things that he was very intimately acquainted with before, but is less likely to remember anything requiring fixed attention, or thought?-A. Well, that is the tendency; it is not always the case however.

Q. 26. Could John Shane converse on any ordinary topic, rationally, on the 7th of November last?-A. Not intelligently, I don't think.

Cross-examination:

Q. 27. Doctor, in case of Judge Shane, was his disease of such a character that you could locate it with some degree of certainty?-A. Yes, sir; nearly so.

Q. 28. How much and what part of the brain is still diseased, and to what extent; say on the first of November, in his case?-A. It would be impossible to state exactly the extent of the disease; probably located in the posterior part of the convolutions of the brain.

Q. 29. Was the first cause of his paralysis partially removed by absorption at this time, or during the fall?-A. The paralysis was removed.

Q. 30. Do you know about when he had this attack?-A. I have forgotten the exact date, but can tell by reference to my books.

Q. 31. Along in June some time, was it?-A. I think that it was; yes, sir.

Q. 32. Do you remember whether it was after the 4th of July, to your own recollection-A. I think it was after.

Q. 33. The judge has been somewhat of a politician in local matters, before his attack, has he not?-A. Yes, sir; I think that he has that reputation.

Q. 34. Did you have any talk with the judge on political matters, in the fall campaign?-A. I don't remember having any talk on this topic.

Q. 35. Do you remember whether he was able to take much interest, or have much knowledge of the political situation, from what you saw of him, and know of his condition -A. Well, from what I saw of him, and know of his condition, I think that he has something of an idea of what was going on, but not a distinct knowledge.

Q. 36. What was his capacity for comprehending and understanding his general business matters in a general way?-A. I don't think that he was competent to transact any business in a general way. I don't think that he is at the present time. I don't think that he has at any time since his first attack.

Q. 37. Do you think that he could exercise the right of franchise intelligently, in regard to voting at that time?-A. I don't know, sir, whether he could or not. I don't know what the law is in regard to tha.

Q. 38. I mean to say whether he could determine whom he was voting for?-A. I don't think he could take up a ticket and determine from that ticket for whom he was voting; I don't think he would, of himself, understand the ticket.

Q. 39. Well, did he know or have any ability to determine for himself which of the men he wanted to vote for; did he recognize men?-A. Yes, sir; he seemed to recognize; I don't believe he could call my name now.

Q. 40. That is caused by his inability to reproduce words?-A. Yes, sir.

Q. 41. Now, in regard to Mr. Burrows, would you say that he was; did you see him about the time of the general election?-A. Well, I have seen him on the streets occasionally.

Q. 42. Do you know about what his condition was at the time?-A. He is speechless occasionally

Q. 43. There are times when he was of sound mind and competent ?-A. Yes, sir; I should think that he was at times.

Q. 44. You don't know what his condition was on the day of the election?-A. No, sir; I don't know what his condition was on that day.

Redirect:

Q. 45. If you were called to answer this question, whether John Shane, on the 7th day of November, had sufficient capacity to make a will, what would be your answer; that is, a will disposing of all his estate?-A. I don't think that he would be competent, sir.

Q. 46. You don't think, then, that he had sufficient mental capacity to take into consideration the general outlines of his estate, to look about himself, and form any rational conclusion as to which of his relatives in justice he ought to make recipients of his bounty; to hold and retain all business in his memory a sufficient length of time to form a rational conclusion concerning them?-A. I don't think that he would be competent to do that.

H. C. O'HARA, being produced and sworn before G. W. Burnham, notary public for Benton County, on this 27th day of February, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and Nichols and Burnham on the part of contestee):

Q. 1. What is your name, age, place of residence, and occupation?-A. Age, 30; I am residing in Vinton; horseman.

Q. 2. Did you vote in this precinct in the November election, 1882-A. Yes, sir. Q. 3. For whom did you vote for the office of Representative in Congress?-A. The Republican candidate, Wilson.

Q. 4. You were convicted of a criminal offense in Buchanan, were you not?-A. Yes,

sir.

Q. 5. What was it?-A. Larceny.

Q. 6. Did you serve your time?-A. Sentenced one year; served 9 months.
Q. 7. You were released for good behavior only -A. Yes, sir.

Cross-examination:

Q. 8. Were you pardoned out?-A. Through my good behavior, which entitled me to citizenship, so I was told, and voted ever since.

Q. 9. How long ago was that?-A. 5 years, the 13th of March.

Q. 10. You voted ever since?-A. Yes, sir.

Q. 11. Have not been arrested since that time for any offense?-A. I was last summer; just a little bit of a case.

Q. 12. You were not indicted, were you?-A. No, sir; not at all.
Q. 13. Acquitted, were you not?-A. Yes, sir.

$0.85 paid as fee.

H. C. O'HARA.

Messrs. Nichols and Burnham, attorney for James Wilson, contestee, here consent that the record shall show that John Shane voted the Republican ticket in the November election, held in November. This admission to be subject to correction, providing it is afterward found that this admission is not in accordance with the truth.

And now on this 27th day of April, 1878, this cause being called, and the defendant being in open court in person with C. R. Millington and D. W. Bruckart, his attorneys, being called upon to plead to the indictment in this case, says he is guilty as charged in the indictment; and now on the same day, the defendant being in court to receive his sentence with his attorneys, the defendant, Henry O'Hara, is sentenced to be confined in the penitentiary at Anamosa in this State, at hard labor, for the period of one year, and to pay the costs of this prosecution.

D. W. Bruckart, attorney for defendant, files herein an affidavit of services as such such attorney, and he is allowed the sum of ten dollars as compensation for such service. The same to be paid as provided by law.

STATE OF IOWA,

Buchanan County, 88:

I, O. M. Gillett, clerk of the district court in and for said county and State, hereby certify that the above is a true and perfect copy of the judgment in the above-entitled cause as fully as the same remains of record in my office.

In witness whereof I have hereunto set my hand and affixed the seal of said court, this 14th day of April, 1883.

[SEAL.]

STATE OF IOWA,

Buchanan County, 88:

O. M. GILLETT,
Clerk Dist. Court.

I, C. F. Couch, sole judge of the district court of the State of Iowa, in and for the 9th judicial district of said State, composed of the counties of Dubuque, Delaware, Buchanan, Blackhawk, and Grundy, do hereby certify that O. M. Gillett, esq., who has given the preceding certificate, was at the time of so doing the clerk of the district court of the State of Iowa, in and for Buchanan County in said district, duly qualified as such; that he is the proper custodian of the records of said court and the proper officer to give such certificate, and that the same is in due form of law. Witness my hand at Waterloo, this 16 day of April, 1883.

C. F. COUCH,

Judge District Court 9th Judicial District, Iowa.

STATE OF IOWA,

Buchanan County, 88:

I, O. M. Gillett, clerk of the district court of the State of Iowa, in and for said county, do hereby certify that the Honorable C. F. Couch, who has given the preceding certificate, was, at the time of so doing, sole judge of the 9th judicial district of said State, composed of the counties of Dubuque, Delaware, Buchanan, Blackhawk, and Grundy, duly commissioned and sworn, to all whose acts as such full faith and credit are and ought to be given.

In testimony whereof I have hereunto set my hand and affixed the seal of said court, at Independence, this 16th day of April, 1883. [SEAL.]

O. M. GILLETT,

Clerk Dist. Court.

(Indorsed :) B. T. Frederick e. James Wilson. Copy record conviction.

I desire this paper filed and sent on with record.

STATE OF IOWA,

Benton County, 88:

T. BROWN.

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 John L. Adams, whose testimony was taken Feb. 22d, 1883, do truly certify that on the 27th day of Feb., 1883, in pursuance of the notice hereunto annexed, I took the depositions of the following-named witnesses: John M. Yates, W. P. Whipple, C. M. Evans, W. P. Whipple, re-called; E. A. Payne, Michael Donelan, J. C. Parmetal, Mathew Brown, Samuel Lowe, Joseph Arrowood, W. C. Yates, John F. Pyne, C. C. Griffin, L. M. Burrows, H. C. O'Harra, 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 questions were propounded to him by the respective parties, Benj. T. Frederick, contestant, and James Wilson, contestee, by their respective att'ys, and the questions by me read to the witness, who answered the same, and his answer, by me, in the language of the witness, taken down under each question propounded, and reduced to writing till the deposition was completed. I further certify that when the testimony of each was taken, I carefully read the same over to the witness, who corrected the same, and each correction noted, and said testimony was then signed by the witness and sworn to by him before me.

I further certify that T. Brown & Carney appeared as counsel for the contestant, Benj. T. Frederick, and Nichols and Burnham appeared as counsel for James Wilson,

contestee.

In witness whereof I have set my hand and seal notarially this 27th day of Feb., 1883.

[SEAL.]

ELDON MORAN,

Notary Public for Johnson County, Iowa, and Commisioner agreed upon to take testimony.

No. 2.

STATE OF IOWA,

Benton County, 88:

Deposition of witnesses produced before me, Eldon Moran, a notary public and commissioner agreed upon to take testimony, and duly sworn by G. W. Burnham, a notary public for Benton County, on this 14th day of March, 1883, in center school house, in pursuance of the notice hereunto attached, 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 Benj. T. Frederick is contestant, and James Wilson, contestee. Brown and Carney for contestant, Nichols and Burnham for contestee.

The following testimony was taken before me:

STATE OF IOWA,

Benton County, 88:

DAN. MCGRAW, being produced and sworn before G. W. Burnham, a notary public for Benton Co., on this 14th day of March, A. D. 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, Nichols and Burnham appearing on the part of contestee):

Q. 1. What is your age, place of residence, and occupation?-A. 27 years old; Homer Township, Benton Co., Iowa; occupation, farming.

Q. 2. Did you vote at the Nov. election, 1882, for the office of Representative in Congress in this township?-A. Yes, sir.

Q. 3. For whom did you vote?-A. Ben. Frederick is whom I voted for.

Q. 4. That is what you supposed?-A. Yes, sir.

Q. 5. Whom did you get your ticket from?-A. From Thomas Collins.

Q. 6. How long did you reside in the township -A. A year ago last Sept.

Cross-examination:

Q. 7. Do you know for whom you voted for Representative in Congress?—A. Yes, sir; I think that I saw his name on the ticket; that is, the man I intended to vote for.

Q. 8. You know that you voted for Ben. Frederick to your knowledge ?—A. Yes, sir.

Q. 9. You saw his name on the ticket?-A. Yes, sir.

Q. 10. Where were you born?-A. In York State.

Q. 11. What year?-A. I think 1856; I think so.

Q. 12. Was your father naturalized before you were born?-A. Yes, sir; his papers are in this house. I can show them if you want them.

Q. 13. When was he naturalized?-A. I cannot exactly answer that question. I can get the papers, however, if you want them.

(Witness fee $. 85, paid by contestant.)

STATE OF IOWA,

Benton County, 88:

DAN. MCGRAW.

MICHAEL DONNELLY, being produced and sworn before G. W. Burnham, a notary public for Benton Co., on this 14th day of Mar., A. D. 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, Nichols and Buruham appearing on the part of contestee):

Q. 1. What is your name, age, place of residence, and occupation ?—A. My age, 47 or 48; I cannot tell which,

Q. 2. What is your occupation?-A. Farming.

Q. 3. Where do you reside; in what township?-A. Homer township.

Q. 4. Benton County, Iowa ?-A. Yes, sir.

Q. 5. How long have you resided in Homer Township?-A. 23 years in this county. Q. 6. Did you vote at the Nov. election, 1882, in Homer Township for the office of Representative in Congress, and if so, for whom did you vote?-A. I voted for the same man that Dan. McGraw voted for; the ticket that Collins gave me; the same man that Dan voted for.

Q. 7. Was it a Democratic or a Republican ticket?-A. It was a Democratic ticket. Q. 8. Was the name of James Wilson, the Republican candidate for Congress, on the ticket?-A. I could not read it; I think that it was not.

Q. 9. Was Ben. T. Frederick, the Democratic candidate, on the ticket?-A. Yes, sir. Q. 10. You understand that you were voting for the Democratic Representative instead of the Republican ?—A. I don't know who; I voted the same ticket that Collins gave me; I could not read it.

(Witness fee $1.00, paid by contestant.)

MICHAL DONNELLY.

STATE OF IOWA,

Benton County, 88:

JOHN COAN, being produced and sworn before G. W. Burnham, a notary public for Benton County, on this 14th day of March, A. D. 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, Nichols & Burnham on part of contestee):

Q. 1. What is your name, age, place of residence, and occupation?-A. Age, about 50; reside in Homer Township; occupation, farming.

Q. 2. How long have you lived in Homer Township?-A. About 12 or 13 years. Q. 3. Did you vote at the Nov. election, '82, in Homer Township, Benton County, Iowa, for the office of Representative in Congress; and if so, for whom did you vote?A. For Frederick.

(Contestee objects to the witness testifying for whom he voted. This objection is to apply to all witnesses testifying for whom they voted.)

Cross-examination:

Q. 4. Do you know you voted for Frederick-A. Yes, sir.

Q. 5. How do you know?—A. I saw it on the ticket.

Q. 6. Please sign your name to the record.-A. I cannot write.

Q. 7. Can you read?-A. Yes, sir; I have been out to Marshalltown doctoring my eyes.

Q. 8. Could you read the name on the ticket?-A. Yes, sir.

Q. 9. What ticket did you vote?-A. Democratic ticket; I never voted any other ticket.

(Witness fee $. 85, paid by contestant.)

STATE OF IOWA,

Benton County, 88:

JOHN COAN.

JOHN KIRCHNER, being produced and sworn before G. W. Burnham, notary public for Benton County, on this 14th day of March, '82, and examined before me, testifies as follows (T. Brown appearing ou the part of contestant; Nichols & Burnham on part of contestee):

Q. 1. What is your name, age, place of residence, and occupation?-A. Age 47; Homer Township, Benton County, Iowa; occupation, farmer.

Q. 2. How long have you resided in Benton County?-A. 12 or 13 years.

Q. 3. Did you vote at the November election in '82; and if so, for whom as Representative in Congress?-A. I did in the first place; I voted for-what's his name? Q. 4. Is it Frederick?-A. Yes, sir; Frederick.

Cross-examination:

Q. 5. Do you know that you voted for Frederick?-A. How do I know?

Q. 6. Yes, sir.-A. I guess I know that I did.

Q. 7. How do you know?-A. Well, I guess I recollect what I did.

Q. 8. Did you see the ticket with his name on it?-A. Yes, sir; of course.

Q. 9. You can read, can you?-A. Yes, sir; I can.

Q. 10. What ticket did you vote?-A. I voted the ticket Mr. Collins gave me.
Q. 11. Was it Democratic or Republican?-A. Democratic.

Q. 12. The ticket Mr. Collins gave you?-A. Yes, sir.

($1.50 paid as fee.)

STATE OF IOWA,

Benton County, 88:

JOHN KIRCHNER.

HENRY SCHAFFER, being produced and sworn before G. W. Burnham, notary public for Benton County, on the 14th day of March, 1883, 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. Age, 39.

Q. 2. Do you live in Benton County, Iowa ?-A. Yes, sir.

Q. 3. How long have you lived in this county?-A. 9 years.

Q. 4. Did you vote at the November election, '82-A. Yes, sir.

Q. 5. For whom did you vote for Representative in Congress?-A. I voted for Frederick.

Q. 6. From whom did you get your ticket?-A. From old man Collins.

Cross-examination:

Q. 7. How do you know that you voted for Mr. Frederick?-A. Well, I believe in old man Collins, whatever he tells me.

Q. 8. Did you see the name on the ticket?-A. Yes, sir; I did.