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Q. 4. Do you know whether he voted Democratic or Republican ticket?-A. Democratic ticket.

Q. 5. Did you see him vote?-A. Yes, sir.

Q. 6. Do you know for whom he voted for Representative in Congress ?-A. Yes, sir. Q. 7. Who was it for?-A. For Frederick.

Q. 8. Who made out his ticket?-A. We made out our tickets, and one was my self, Gabagan, and Hans Peterson.

Cross-examination :

Q. 9. Did you see his ticket after it was made out?-A. Yes, sir.

Q. 10. Was the name of Frederick written in ?-A. No, sir; it was a ticket we got of Collins.

Q. 11. Was it printed in ?-A. Yes, sir.

Q. 12. How long after you made out the ticket was it until he voted?-A. Well, we came here in the morning and went home at noon.

Q. 13. Where were you and he all the time until the tickets were made out?-A. We were right here.

Q. 14. Did you keep your eye on him all the time?-A. No, sir.

Q. 15. Well, did you see him vote it?-A. We talked the matter over.

He said:

"This is the ticket I want," and that he was going to vote the ticket. I could not swear.that it was the same one.

Q. 16. He might have got one of somebody else?-A. I don't think so.

Q. 17. Yon didn't have your eye on that ticket?-A. Can you have your eye on other folks' tickets and keep it in them also?

Q. 18. I am asking you?-A. I am asking you. You see, I cannot swear that it is the same one; you can go and find out; Peterson lives in Clay County.

Q. 19. I want to find out by you?-A. You cannot do it; it is impossible now for me to tell just what his ticket was; we talked the matter over; we all said that we were going to vote that ticket; that is all I know about the matter; I saw him vote; I don't pretend to keep my eye on other folks' tickets.

Q. 20. That is what I want to get at.—A. That is what I told you in the start; if you want to find out whether he voted that same ticket, telegraph to him in Clay County; he will see to it quick, I tell you.

Q. 21. Did you know when Gahagan voted?-A. Yes, sir.

Q. 22. Were you present when he voted?-A. Yes, sir.

Q. 23. How long was it after Gahagan voted until Peterson voted?-A. I don't know that.

Q. 24. I am asking you a question; I want to know if you have any recollection of how long it was after Gahagan voted that Peterson voted ?-A. No, sir; I don't know that. If I would have known it I would have watched them.

Q. 25. Did you know when Gahagan voted?-A. I saw him vote; yes, sir.

Q. 26. Do you know when Peterson voted?-A. Yes, sir; it was in the afternoon. Q. 27. Was it at least 5 hours from the time Gahagan voted until Peterson voted ?— A. Yes, sir.

Q. 28. Where were you when you had conversation with Peterson?—A. Right here in this house.

Q. 29. Who else was here ?-A. Gahagan.

Q. 30. Anybody else?—A. I suppose Ďavid Smith was here.

Q. 31. Anybody else?-A. Kussel. I think Meyer was here.

Q. 32. The room was pretty full, was it?-A. No, sir; not full.

Q. 33. What did Peterson do with his ticket after he filled it out?-A. I suppose he put it into the ballot-box.

Q. 3. I asked you what you knew?-A. I don't know; I expect he put it into the ballot-box.

Q. 35. Do you know whether he put it into his pocket or not?-A. I don't know that.

Q. 36. How long was it from the time you filled it out until you supposed he put it into the ballot-box-A. I don't know.

Q. 37. Was it a half a day?-A. We came in the morning, and went home at noon. Q. 38. What time in the morning was it that you fixed up your tickets?-A. I suppose it must have been 8 or 9 o'clock.

Q. 39. What time did you vote?-A. In the forenoon.

Q. 40. What time in the forenoon?-A. That is nobody's business; I voted on election day.

Q.41. What time in the forenoon did you vote?-A. In the forenoon.

Q. 42. What time in the forenoon?-A. Between 7 and 12 o'clock.

Q.43. Can't you answer me any other way than that?-A. No, sir.

Q. 44. Is that the best answer you can give?—A. Yes, sir; that is the best I can give.

Q.45. Between 7 and 12 o'clock?-A. Yes, sir.

H. Mis. 22-20

Q. 46. Did you know what time of day Peterson voted?-A. Some time between 7 and 12 o'clock.

Q. 47. What time did Gahagan vote?-A. I think about the same time. I did not keep the time, of course, but I know that he voted that forenoon.

Q. 48. Did you see him when he voted?-A. Yes, sir.

Q. 49. Did he vote the same ticket you did? Were you watching him?—A. No, sir; then I would have known.

Q.50. Were you watching Peterson ?-A. No, sir.

Q.51. Did you follow Peterson around to see when he put his ticket in ?—A. No, sir.

Q.52. As a matter of fact, you did see him put it into the ballot-box?—A. Yes, sir. Q.53. Who did he get it of?-A. A Mr. Kussel.

Q. 54. Who was the other fellow that was there?-A. The other trustee. I suppose. Q.55. Who was he, and what was his name? Do you refuse to give your best recollections to the time of day when they voted ?—A. Í gave you the best I have. Q. 56. Did you vote before you fixed up those tickets?-A. No, sir.

Q.57. Then it was after nine o'clock when you voted?-A. Yes, sir; after the box was open.

Q.58. Then you can answer me somewhere nearer than by saying between 7 and 12 o'clock -A. I thought that was near enough.

Q.59. I did not think that it was. You can answer me better than that.-A. I don't know exactly what time it was when we put in votes. I know that it was between these hours.

Q.60. It was after 9 o'clock, was it?-A. I know it was between these hours.

Q.61. What did you do afterwards?-A. We came here and appointed township officers.

Q. 62. After the ballots were fixed up?-A. No, sir; before that.

Q. 63. What did you do after you had fixed up your ballots?-A. Peddled out tickets.

Q. 64. Did Peterson peddle tickets also?-A. No, sir.

Q. 65. What was he doing?-A. He was voting.

Q. 66. What did he do then?-A. Standing around like the most of us.

Q. 67, Were you not watching him?-A. No, sir.

Q. 68. Do you know whether he had any talk with anybody else?-A. With David Smith, I am certain.

Q. 69. Did he talk with Henry Meyer ?-A. Yes, sir.

Q. 70. With Fred. Henson?-A. I suppose so.

Q. 71. Were you watching him when you were talking with them?-A. No, sir.

Q. 72. Do you know that he did not get a ticket from one of these men ?-A. No, sir. Q.73. You know that you fixed up the ticket, and that some time after that he voted?-A. Yes, sir; that was all I know about it.

Redirect:

Q. 74. Do you remember, after you fixed up your tickets, how long after you last saw his ticket before you went up and voted?-A. He had them in his hand; I did not watch him.

Q. 75. It was a short time, wasn't it?-A. Gahagan and I talked the matter over, whom we were going to vote for; we fixed up the tickets, and that was all the watch I kept of them.

Q. 76. You are sure that he voted the Democratic ticket?—A. Yes, sir; that is what he said he was going to vote. (Paid.)

STATE OF IOWA,

Benton County, 88:

LOUIS ILLIAN.

HENRY SELK, being produced and sworn before me, John Baum, a notary public in and for Benton County, on this 19th day of April, A. D. 1883, and examined before me, testifies as follows (N. Brown appearing on the part of contestant aud Nichols and Burnham on the part of contestee):

Q. 1. Where do you live?—A. In Homer Township, Benton County, Iowa.
Q. 2. Did you vote at the Nov. election, 1882, in Homer Township-A. Yes, sir.
Q. 3. Did you vote the Democratic or Republican ticket?-A. Democratic.
Q. 4. From whom did you get your ticket?-A. I guess from Henry Myer.
Q. 5. Whom did you intend to vote for for Representative in Congress?—A. For
Frederick.

Q. 6. Do you know whether his name was on the ticket or not?-A. No, sir.
Q. 7. Can you read?-A. No, sir.

Q. 8. Did they tell you it was a straight Democratic ticket?-A. Yes, sir.

Cross-examination:

Who told you it was a straight Democratic ticket ?-A. I do not know.

Q. 10. Who told you that it was a straight Democratic ticket?-A. I do not know.

Q. 11. Did anybody tell you?-A. I do not understand you.

Q. 12. Who gave you that ticket?-A. Henry Meyer.

Q. 13. Did he tell you it was a Democratic ticket?-A. 13. Yes, sir.

Q. 14. Did he tell you it was a straight Democratic ticket?—A. Yes, sir.

Q. 15. Did he tell you that James W. Smock's name was on there?-A. I do not know.

Q. 16. Did he tell you that Frederik's name was on there?—A. Yes, sir.

Q. 17. Did he tell you that James Wilson's name was there?-A. No, sir.

Q. 18. Whose name did he tell you was there besides Frederick's?

Q. 19. He did not tell you that anybody was there besides Frederick ?-A. I do not know.

Q. 20. Was there any name on there besides Frederick?—A. I do not know.

Q. 21. Did you know that his name was on your ticket?-A. Well, I cannot say that.

Q. 22. Did you inquire of Mr. Myer whose name was on the ticket?-A. He told me that Frederick's name was on the ticket.

$1.15 paid as fee by contestant.

STATE OF IOWA,

Benton County, 88:

HENRY SELK.

J. WOHL, being produced and sworn before me, John Baum, a notary public in and for Benton County, on this 19th day of April, A. D. 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. Where do you live?-A. Homer Township, Benton County.

Q. 2. Did you vote at the November election, 1882-A. Yes, sir.

Q. 3. What ticket did you vote, Democratic or Republican ?-A. Democratic.

Q. 4. Who give you your ticket?-A. Kussel.

Q. 5. Did you vote for Benjamin T. Frederick for Representative in Congress ?—A. Yes, sir.

Q. 6. Did you read the ticket?-A. No, sir.

Q. 7. Were you told that it was a State Democratic ticket?-A. Yes, sir.

Cross-examination:

Q. 8. Who told you that it was a straight Democratic ticket?-A. Charles Kussel. J. WOHL.

$1.25 paid as fee by contestant.

STATE OF IOWA,

Benton County, 88:

PETER SEEK, being produced and sworn before John Baum, a notary public in and for Benton County, on this 19th day of April, A. D. 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. Where do you live?-A. Homer Township, Benton County, Iowa.

Q. 2. Did you vote at the November election, 1882?—A. Yes, sir; I did.

Q. 3. Did you vote Democratic or Republican ticket?-A. Democratic.

Q. 4. Who gave you your ticket?-A. Fred Hanson.

Q. 5. Whom did you vote for for Representative in Congress?-A. For Wilson. Q. Did you suppose he was a Democrat ?-A. No, sir.

$1.20 paid as fee by contestant.

STATE OF IOWA,

Benton County, 88:

PETER SEEK.

P. M. THEISSON, being produced and sworn before me, John Baum, a notary publie in and for Benton County, on this 19th day of April, A. D. 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. Do you not live in Homer Township?-A. Yes, sir.

Q. 2. How long have you lived there?-A. About 14 years. 2.3. Did you vote at the Nov. election, 1882-A. Yes, sir.

Q. 4. Did you vote the Democratic or the Republican ticket ?-A. Democratic ticket.

Q. 5. Whom did you vote for for Representative in Congress?-A. For Wilson. Q. 6. Did you know that he was a Republican?-A. No, sir.

Q. 7. Did they tell you that he was a Democrat?-A. No, sir; I voted for him. He was on the Democratic ticket.

Q. 8. Did you intend to vote for a Democrat?-A. Yes, sir.

Q. 9. Did you suppose he was a Democratic candidate for Congress?-A. Yes, sir. Q. 10. You voted for him on that account?-A. Yes, sir.

Q. 11. Who told you that he was a Democrat? Were you told that that was a straight Democratic ticket?-A. Yes, sir.

Q. 12. Who gave you that ticket and told you that?-A. Hansen.

Cross-examination:

Q. 13. You knew that you voted for Wilson?-A. Yes, sir.

Q. You intended to vote for him, did you?-A. I voted for a Democrat.

Q. 15. You voted for Wilson?-A. Yes, sir.

Q. How long have you been in Homer Township?-A. 14 years.

Q. 17. Did you ever see Mr. Wilson?-A. No, sir.

Q. 18. You have heard of him?-A. Yes, sir

Q. 19. Did he live in Tama County-A. Yes, sir.

Q. 20. You knew that he was a Republican, did you not?-A. I do not understand you.

Q. 22. Did you not know that Mr. Wilson has been in Congress ?-A. Yes, sir. Q. 23. And that he was a Republican?-Yes, sir.

Q. 233. You voted for him?-A. Yes, sir.

Redirect, by interpreter:

Q. 25. You did not intend to vote then for a Democrat? You may state whether you intended to vote for Democrat or Republican.-A. For a Democrat.

Q. 26. Did you think that Wilson was a Democrat or a Republican ?-A. I intended to vote the Democratic ticket.

Q. 27. Were you told that your ticket was a straight Democratic ticket?-A. I do not know whether it was a straight Democratic ticket.

Q. 28. Ask him if he was told that he was voting a straight Democratic ticket?— A. He gave me a ticket and said that that was a Democratic ticket.

Q. 29. If you had had any notion that Wilson was a Republican, would you have voted for him?-A. No, sir; he says that he would not have voted for Wilson.

Recross-examination:

Q. 30. You say that Wilson lives about Traer, you know?-A. Yes, sir.

Q. 31. You know that he has been in Congress?-A. Yes, sir.

Q. 32. You know that he went there as Representative; did you not?-A. Yes, sir. Q. 33. You knew that this was the same man that you were voting for?-A. Yes, sir.

Redirect:

Q. 34. Ask him if he intended to vote for a Republican?-A. He says that he did not know that Wilson was a Republican at that time; that is, at the time of the election.

$1.20, paid as fee by contestant.

STATE OF IOWA,

Benton County, 88:

P. M. THEISSON.

GEORGE THODE, being produced and sworn before me, John Baum, a notary public in and for the county of Benton, on this 19th day of April, A. D. 1883, and examined before me, testified as follows (T. Brown appearing on the part of contestant, and Nichols and Burnham on the part of contestee):

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

Q. 2. Did you vote at the Nov. election, 1882?-A. Yes, sir.

Q. 3. Whom did you vote for for Representative in Congress?-A. For Wilson. Q. 4. Are you a Democrat or Republican ?—A. I had a Democratic ticket, but voted for Wilson.

Q. 5. Did you intend to vote for Wilson ?-A. Yes, sir.

Q. 6. You knew that you were voting for him as Representative, did you not?—A. Yes, sir.

Q. 7. How did you know that you voted for Wilson; did you read the ticket, or did somebody tell you since ?-A. I knew that he was in Congress before, and I thought he was the best man.

Q. 8. Have you talked with any one since you voted ?-A. Not much.

Q. 9. Whom did you talk to since, about how you voted; did you talk to Mr. Smith here?-A. He was talking here about it on the day of election.

Q. 10. He got you to vote for Wilson; well, you have talked since the day of election about it ?-À. No, sir; I voted the Democratic ticket with Wilson's name on it. GEORGE THODE.

$1.15 paid as fee by contestaut.

STATE OF IOWA,

Benton County, 88:

H. ALBERS, being produced and sworn before me, John Baum, a notary public in and for the county of Benton, on this 19th day of April, A. D. 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. Where do you reside ?-A. Homer Township.

Q. 2. Did you vote at the last election held in Homer Township, Benton County, Iowa?-A. Yes, sir.

Q. 3. What ticket did you vote?-A. Democratic.

Q. 4. Whom did you get your ticket from ?-A. From Fred Hansen.

Q. 5. Did you vote the clear Democratic ?-A. Yes, sir.

Q. 6. Who did you vote for for Representative in Congress?-A. I guess Wilson was on there, but I thought he was Democratic.

Q. 7. Did he tell you it was a Democratic ticket?-A. Hansen told me that it was a Democratic ticket.

Q. 8. You did not intend to vote for a Democrat, did you?-A. No, sir.

Q. 9. What did Hansen tell you about this?-A. He did not tell me anything about that. I did not look the ticket over at all. He said to vote that ticket for the reason that it was the best.

Cross-examination:

Q. 10. Did you know that Wilson's name was on the ticket?-A. Did not look it over at all.

Q. 11. He simply handed you a ticket and told you that it was the best?-A. Yes, sir.

Q. 12. Did he ask you to vote it?-A. Yes, sir; but I would not have done it if I had known that it was for Wilson, a Republican.

Q. 13. He told you he thought it was the best ticket?-A. Yes, sir.

Q. 14. Did he tell you that Wilson's name was on the ticket?-A. I guess so, but I do not know whether he told me or not.

Q. 15. You voted that ticket because Mr. Hansen told you that it was the best ticket?—A. Yes, sir; but I did not want to vote for any Republican.

Redirect:

Q. 16. Did you know that Wilson's name was on it when you voted it?—A. No, sir; I did not read it.

Q. 17. You would not have voted the Republican ticket at all?-A. No, heard of Frederick or Wilson before.

sir.

sir;
I never

Q. 18. You did not intend to vote for Wilson when you voted?-A. No, sir.
Q. 19. You did not know that his name was there at all until you voted it?-A. No,

Q. 20. If you voted for a Republican, you were fooled in doing so, were you not ?— A. Yes, sir.

Recross-examination:

Q. 21. You tell us that you voted for a Republican. You knew that Hansen was voting that ticket?-A. Yes, sir; I knew that. All those other men said was so.

Q. 22. He told you that it was the best ticket. He gave you his judgment. You took his opinion?-A. Yes, sir.

Q. 23. You know Hansen to be a man that you respect ?-A. I guess so.

Redirect:

Q. 24. Did you know that when he gave you the ticket, that he was sting until afterwards?-A. No, sir; I did not know anything about it. I just wanted to vote a straight Democratic ticket.

Q. 25. He gave you a ticket as such and you voted it, and afterwards learned that he was working for Wilson ?-A. Yes, sir; I would not vote for Republican Congress

men

Recross-examination :

Q. 26. You do not know now that you did vote for Wilson ?-A. Yes, sir; I do. Q. 27. How do you know?-A. Because the other men said they voted for Wilson and they got their tickets from Hansen.

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