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STATE OF IOWA,

Benton County, 88:

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

Q. 1. Where do you reside?-A. Homer Township, Benton County, Iowa.

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

Q. 3. What is your age?-A. Fifty years.

Q. 4. Did you vote at the November election, 1882 ?-A. Yes, sir.

Q. 5. For whom did you vote for the office of Representative in Congress ?—A. I intended to vote for Mr. Frederick. I got the ticket from Mr. Collins, here. I supposed that his name was on it of course; I did not examine it right there, for I was in a hurry; I intended to vote for him at the time I got the ticket from Collins; that is the ticket I voted.

Cross-examination:

Q. 6. You don't know whether you voted for Mr. Frederick or not?-A. I am not certain; I can't say positively. I went there to vote for him. I did not scratch any man off at all.

Q. 7. Can you read English ?-A. Yes, sir.

Q. 8. Did you read the name on there or didn't you look ?-A. I did not look because he handed me the ticket; I was in a hurry when I got it. They said that the tickets that Smith had were bogus. I took Collins' ticket; I went right off and voted it. I got my ticket from this Mr. Collins that testified.

Cross-examination:

Q. 9. Did you vote for Smock ?-A. I suppose I voted the clear ticket; I did not scratch a man off unless he did it. He handed me the ticket and I went right up and put it in.

Q. 10. You don't know whether Smock's name was on?-A. No, sir; I said, "This is the right ticket." He said, "Yes." I took it and voted-went right up; I saw that it was all right. I then went up with him and voted it.

($1.35 paid as fee by contestant.)

STATE OF IOWA,

Benton County, 88:

JOHN LYNCH.

JOACHIN STRUCK, being produced and sworn before G. W. Burnham, a notary public for Benton County, on this 14th day of March, A. D., 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 and age?-A. 48 years.

Q. 2. Where do you reside?-A. Homer Township, Benton County, Iowa.

Q. 3. Did you vote at the November election, 18821-A. I did, sir.

Q. 4. For whom did you vote for Representative in Congress?—A. Frederick.

Q. 5 Benjamin T. Frederick ?-A. Yes, sir.

Q. 6. From whom did you get your ticket?-A. David Smith here.

Q. 7. Did he tell you it was a Democratic ticket?-A. No, sir; he just handed me

the ticket.

Q. 8. Did you know whether Frederick's name was on the ticket?-A. Wilson's name was on the ticket; he scratched it off and put Frederick's name on in its place. I did not do that, but Collins did it for me. I tried to do it; he did it for me. (95 'ts. paid as fee by contestant.)

STATE OF Iowa,

Benton County, 88:

J. STRUCK.

FREDERICK KUCK, being produced and sworn before G. W. Burnham, a notary publie for Benton County, on this 14th day or 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. Where do you live?--A. Homer Township.

Q. 2. What is your age?-A. 47.

Q. 3. Do you live in Benton County, Iowa ?-A. Yes, sir.

Q. 4. How long have you lived in that township?-A. A little over a year. I lived in Scott Township before that.

Q. 5. How long have you lived in the State of Iowa ?-A. 30 years.

Q. 6. For whom did you vote for Representative in Congress -A. I voted for Frederick.

Q. 7. Benjamin T. Frederick ?-A. That old gentleman fixed it for me.

Q. 8. Mr. Collins?-A. Yes, sir.

Cross-examination:

Q. 9. How do you know that you voted for Frederick; did you see his name on the ticket? A. Yes, sir.

Q. 10. Was it printed on?-A. Yes, sir.

Q. 11. You read it, did you?-A. I could not read it. I had a brother-in-law here, he voted for him too.

Q. 12. That is not the question. Did you read the ticket, and the name on the ticket?-A. I could not read the name. I can't read English.

Q. 13. Do you know any name on the ticket?-A. I know that I voted for him. Q. 14. How do you know that you voted for him if you could not read it; how do you know?-A. My brother-in-law said he was a good man.

Q. 15. How did you know you voted for him if you could not read?-A. He showed it to me.

Redirect:

Q. 16. Who is he?-A. A. J. Trode.

($1.25 paid as fee by contestant.)

STATE OF IOWA,

Benton County, 88:

FRITZ KUCK.

MARTIN KAIBACH, being produced and sworn before G. W. Burnham, notary public for Benton County, on this 14th day of March, 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 age ?-A. I will be 27 in May.

Q. 2. How long have you lived in Benton County-A. I believe it will be 16 years this spring.

Q. 3. In what township do you live?-A. Homer Township, Benton Co., Iowa.

Q. 4. Did you ever vote in Homer Township?-A. Yes, sir.

Q. 5. At the last November, election '82-A. Yes, sir.

Q. 6. For whom did you vote for office of Representative in Congress?—A. For Frederick.

Q. 7. For Ben. T. Frederick-A. Yes, sir.

Cross-examination:

Q. 8. What ticket did you vote, Democrat or Republican-A. Democratic ticket. Q. 9. Are you a Republican or Democrat?—A. I claim to be a Democrat.

Q. 10. How long have you voted that ticket?-A. I never voted another as long as I have voted.

Q. 11. Did you know any names that were on that ticket?-A. The particular name that I looked at was Frederick's, and there was another name on the ticket, McAllister, I think.

Q. 12. Was Smock's name on that ticket?-A. No, sir; it was McAllister's.

Q. 13. Did you see Frederick's name on the ticket?-A. Yes, sir.

Q. 14. You read the English language, do you?-A. Yes, sir.

Q. 15. You are sure you voted for him?-A. Yes, sir.

Q. 16. That is, sure you voted the straight Democratic ticket?-A. Yes, sir; I am. ($1.25 paid as fee by contestant.)

STATE OF IOWA,

Benton County, 88:

MARTIN KAIBACH.

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

Q. 1. How old are you?-A. 42 years.

Q. 2. In what county, township, and state do you live?-A. Homer Township, Benton County, Iowa.

Q. 3. How long have you lived there?-A. Three 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. Democratic ticket.

Q. 6. Who gave you that ticket?-A. Fred. Hanson.

Q. 7. Did you vote for Benjamin T. Frederick as Representative in Congress ?—A.

I cannot say for sure whether Frederick's name was on or not.

Q. 8. Did you think you were voting the clear Democratic ticket?-A. Yes, sir.
Q. 9. Did he particularly tell you that it was a straight Democratic ticket? Is

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Mr. Hanson a Democrat or Republican ?-A. He says that he don't know whether he is a Democrat or Republican.

Q. 10. Do you know what names were on the ticket?-A. I think Frederick's. Q. 11. Do you know whether any other names were on the ticket?-A. He says that he thinks there were other names on the ticket.

Q. 12. What other names were on the ticket?-A. He says that he cannot tell from his knowledge.

Q. 13. Ask him if James Wilson's name was on the ticket?-A. No, sir; it was not. Q. 14. Did you vote for Smock ?-A. No, sir; I can't say, for sure. ($1.13 paid as fee.)

STATE OF IOWA,

Benton County, 88:

JOHN SCHEEL.

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

Q. 1. Do you reside in Homer Township, Benton County, Iowa?-A. Yes, sir.
Q. 2. How long have you resided there?-A. 13 years.

Q. 3. Did you vote at the November election, '82?-A. Yes, sir.

Q. 4. For whom did you vote for the office of Representative in Congress?-A. Well, I voted for Frederick.

Q. 5. From whom did you get your ticket?—A. That is something that I don't know. Smith gave me one, and Collins gave me one, and I don't know which one I voted. Q. 6. You know that you voted for the Democratic candidate for Congress, Mr. Frederick-A. Yes, sir.

Q. 7. Was it your intention so to vote? You wanted to vote for Mr. Frederick, did you not?-A. Yes, sir; that is it.

Q. 8. What did Smith tell you about the ticket he gave you as to its being a Democratic ticket? Did he tell you that it was a Democratic ticket?-A. Yes, sir; he said it was a Democratic ticket.

Q. 9. Did he tell you that it was a straight Democratic? And you voted a ticket with Wilson's name on it? Did you intend to vote for Frederick -A. Yes, sir. Q. 10. You can't be positive which ticket you voted?-A. No, sir; I can't.

Q. 11. You are positive that Smith told you they were both alike?-A. Yes, sir; I know that.

Q. 12. And you read the ticket?-A. Yes, sir; I can read it.

Q. 13. You can read English?-A. Yes, sir.

Q. 14. Was Mr. Frederick's name on the ticket that you voted? Can you read English?-A. Yes, sir; I can read tickets well enough. I can read a little English. Q. 16. Was Frederick's name on the ticket you voted? You don't read English very well. You can read English newspapers?-A. Yes, sir; a good deal.

Q. 16. You can read them very well?

Q. 17. You know that it was for Frederick, unless it was a bogus ticket; that he told you it was a Democratic ticket? You know that you intended to vote for Frederick anyway?-A. Yes, sir; I intended to vote for him whether that was the ticket or not.

Q. 18. If his name was not on the ticket they deceived you?-A. Yes, sir. (75 cents paid as fee by contestant.)

STATE OF IOWA,

Benton County, 88:

R. SCHEELHASE.

I, Eldon Moran, a notary public and commissioner agreed upon to take testimony in this cause, in pursuance of the annexed agreement attached to the testimony of J. L. Adams, whose testimony was taken 22d day of Feb., 1883, do truly certify that on the 14th day of March, 1883, in pursuance of the notice hereunto annexed, I took the depositions of the following-named witnesses: Dan McGraw, Michael Donnelly, John Coan, John Kirchner, Henry Schaffer, Peter Madison, Thos. Collins, Theis Seeck, Jacob Boge, Geo. Mehr, James Lynch, Claus Kirchner, Thos. Donnelly, F. C. Byers, John Lynch, J. Struck, F. Kuck, M. Kaibach, J. Scheel, R. Schellhase, whose testimony is set forth in the following manner: Each witness was 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 question 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 witness 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; G. W. Burnham appeared as counsel for James Wilson, contestee. In witness whereof I have set my hand and seal notarially this 15th day of March, 1883.

[SEAL.]

UNITED STATES OF AMERICA,

ELDON MORAN,
Notary Public for Johnson County, Iowa,
And Commissioner agreed upon to take testimony.

State of Iowa, Benton County, 88:

To James Wilson, or Nichols & Burnham, his attorneys:

You are hereby notified that at the office of F. J. Pyne, in Vinton, and before Eldon Moran, a notary public and commissioner agreed upon to take testimony in 5 Congressional dist., State of Iowa, on 15 day of March, A. D. 1883, at 2 o'clock p. m., your contestant, Benjamin T. Frederick, will take the testimony of the followingnamed witnesses, residing in Cedar Township, in Benton County, Iowa: Henry Lamb and A. Kile; also residing in Vinton, E. M. Evans, whose testimony, when so taken, and at the proper time, will be read in evidence before the House of Representatives of the United States, in the contest of your election as a member of the House of Representatives, between Benjamin T. Frederick, contestant, and you, James Wilson, respondent or contestee.

Dated at Marshalltown, this 15 day of March, A. D. 1883.

BENJAMIN T. FREDERICK,
BROWN & CORNEY,

His Attorneys and Counselors.

We acknowledge and admit service of this notice Mar. 15th, 1883, and waive time and consent the testimony may be taken. March 15th, 1888.

STATE OF IOWA,

Benton County, 88:

NICHOLS & BURNHAM,

Att'ys for Contestee.

Depositions of witnesses produced before me, Eldon Moran, notary public and commissioner agreed upon to take testimony, and duly sworn before G. W. Burnham, a notary public for Benton County, Iowa, on this 15th day of March, 1883, 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 proceeding Benj. T. Frederick is contestant, and James Wilson contestee. The following testimony was taken before me:

STATE OF IOWA,

Benton County, 88:

H. G. LAMB, being produced and sworn before G. W. Burnham, notary public for Benton County, on this 15th day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and Nichols & Burnham on the part of contestee):

Q. 1. What is your age?-A. 27 years.

Q. 2. What is your name ?—A. Í. G. Lamb.

Q. 3. What is your place of residence ?-A. Mount Auburn, Cedar Township, Benton Co., Iowa.

Q. 4. Were you one of the clerks of the November election, in 1882, in Cedar Township, Benton Co., Iowa, in which the electors voted for the office of Representative in Congress?-A. I was.

Q. 5. Have you the ballot-box in your possession, as such officer, at the present time? -A. Yes, sir.

Q. 6. You may state how the ballot-box was kept since the election ?-A. I took the ballot-box, when we closed the polls, to our store, across the street, and put it under the counter; it has been there ever since the election.

Q.7. Did you put anything on top of it ?-A. Yes, sir; the books.

Q. 8. Have you ever opened the ballot-box from that day to this ?-A. No, sir.

Q. 9. Anybody else been to it, to your knowledge?—A. No, sir.

Q. 10. Was this box put under the front side or back side of the counter?-A. Back side.

Q. 11. Who has access to the box but yourself? anybody? what clerks are in your store but yourself?-A. I have no clerks.

Q. 12. Have you assisted in the counting of the votes for the office of Representative in Congress; did you assist in counting the ballots in the presence of Mr. Burnham, Mr. Wilson, and Mr. Frederick?-A. Yes, sir.

Q. 13. How many did you find for the office of Representative in Congress for each of the candidates?

(Contestee objects, because it has not been proven that the ballots have not been interfered with, and that these are not entirely different votes voted at the November election.)

Q 14. Now, how many votes did you find in the count to-day?-A. Wilson had 123.
Q. 15. Now, was it 1237-A. Well, taking it out of the poll-book, there was 122.
Q. 16. How many for Mr. Frederick?-A. 60, I think.

Q. 17. How many blank ballots were there?--A. Six, I believe.

Q. 18. How many for Mr. Platner?-A. Well, I didn't count the blank votes.
Q. 19. You had better count them now.

Witness proceeds to count the ballots again.)

A. There are six.

Q. 20. How many votes were there received as shown by the poll-books?—A. 196, I think.

Q. 21. You may state whether there was any ballots other than in the box cast at the election; state whether any ballots have been disturbed since the election ?-A. Not to my knowledge.

Q. 22. Was not there a controversy there at the time as to whether the ballot had Frederick's name on it or not?-A. No, sir; not to my knowledge.

Q. 23. I will ask you if there was any Democratic ballot with the township ticket, and whether you had a controversy in regard to counting at the election; whether there was a Democratic ballot found in the box in the evening of the canvass, after the election, with a township ticket attached, that the parties had a controversy as to whether it should be counted or not?-A. There was a ticket there, and there was a question about it, but I didn't think there was a township ticket attached to it. Q. 24. What kind of ticket was that, and is that ticket in the box?-A. I don't know; my understanding is that there was a Democratic ticket; that there was a county and township ticket torn off from the State ticket.

Q. 25. Did that ticket have a Democratic name on it?-A. I don't know.
Q. 26. Was that ticket strung with the other tickets?-A. I don't know that.

Q. 27. How did you find the ballots as to their having been strung, whether they were strung or not?-A. Yes, sir; they were.

Q. 28. I will ask you did you leave them strung on the night of the election ?-A. They have been strung until to-day.

Q. 29. Did the ballots have the same general appearance they had on the night of the election when they were put in the box?-A. Yes, sir.

Q. 30. I will ask you, when you took the box away, whether it showed any appearance of having been disturbed when you took it from under the counter to-day?—A. No, sir; it did not.

Q. 31. What appearance, if any, did the box show that it had been disturbed?A. Well, from the books I put on top of it.

Q. 32. Did it have the appearance of any dust having settled upon it?—A. Yes, sir; there was some dust; I took the duster and dusted it off.

Q. 33. Now, was there a Democratic ticket that two of the judges took out of the box and voted not to count, and one of the judges voted that it would count?-A. Yes,

sir.

Q. 34. Did that have Frederick's name on it for Congress?-A. I do not know.

Q. 35. It was a Democratic ticket, was it?-A. That was my understanding; I did not see the ticket or read it.

Q. 36. That makes a difference in the number of tickets found in the box to-day, doesn't it?-A. Yes, sir, I think so.

Q. 37. That ticket was not strung on the day of the election?-A. I do not know. Q. 38. Did you keep the tally when the count was made on the day of the election?-A. Yes, sir.

Q.39. Have you one of the poll-books of Benton Co. in your possession?-A. Yes, sir.

Q. 40. Is it here?-A. Yes, sir; it is.

Q.41. You may take the poll-book and state how many votes were cast at the November election, 1882, as shown by the list of voters?—A. 196.

Q. 42. State how many votes, as shown by the tally-list, as being cast for Benj. T. Frederick—A. 60.

Q. 43. How many for James Wilson?-A. One hundred and twenty-three.

Q. 44. How many for David Platner?-A. Seven.

Q. 45. You may read the voters in that book and see how many were returned for

H. Mis. 22-19

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