Q. 3. Did you vote the Democratic or Republican ticket?-A. Democratic. Q. 4. For whom did you vote for Representative in Congress?-A. I think Wilson. Q. 5. Did you know that you were voting for Wilson when you voted?—A. No, sir. Q. 6. From whom did you get your ticket?-A. Henry Myer. Q. 7. Did he tell you that it was a Democratic ticket?-A. Yes, sir; and gave it to me as a Democratic ticket. Q. 8. Can you understand English ?-A. No, sir; not very well. Q.9. Did you intend to vote for Democrat or Republican for Representative in Congress-A. For Democrat. Q. Did you intend to vote for a Republican Prohibitionist, for a Republican candidate for Congress, and for a Prohibitionist, or strict temperance man?-A. No, sir; surely not. Q. 11. Were you told or made to believe that it was a straight Democratic ticket when you voted it ?-A. I do not know what the ticket was; I got the two, but I wanted a Democratic ticket. Q. 12. Did the witness ask for a Democratic ticket?-A. Yes, sir. Q. 13. Ask him if he could read the ticket?-A. Not all of it. Q. 14. Does the witness read English ?-A. No, sir. Cross-examination: Q. 15. Ask him if Henry Myers is an American or a German?-A. German. Q. 17. Ask him whether he is a Democrat or a Republican?-A. He does not know. Q. 18. Ask him if he knows what Myers' politics are?-A. He says he does not know. Q. 19. Ask him if Mr. Myers told him who the men were that were candidates for Congress?-A. Cannot tell. $1.50 paid as fee by contestant. STATE OF IOWA, Benton County, 88: CLAUS HAACK. GEORGE HAACK, being produced and sworn before 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 Byrnham on the part of contestee): Q. 1. Did you vote at the November election, 1882, in Homer Township, Benton Co., Iowa -A. Yes, sir. Q. 2. What ticket did you vote?-A. Democratic. Q. 3. Did you intend to vote for a Democrat or a Republican for Representative in Congress-A. Democrat. Q. 4. Who gave you your ticket?-A. Mr. Myer. Q. 5. What did he tell you as to its being Democrat or Republican ?—A. I do not know. Q. 6. Do you understand me?-A. Yes, sir. Q. 7. Did he tell you that it was a Democratic ticket?-A. No, sir. Q. 8. What did he tell you? Did you ask him for a Democratic ticket?-A. No, sir. Q. 9. What did you say to him?-A. Nothing. Q. 10. How do you know that you voted the Democratic ticket?-A. [By the same interpreter.]. He says that he understands you. Q. 11. Did you read your ticket?-A. No, sir. Q. 12. Can you read English ?-A. Yes, sir. Q. 13. Can you read English well or only a little-A. Just a little. Q. 14. Would you not have voted for a Republican Congressman if you had known it-A. I do not know. Q. 15. Did you not know that you were voting for Wilson for Congressman ?—A. I do not know. Q. 16. Did you suppose you had voted a Democratic ticket when you had voted!— A. Yes, sir. Q. 17. Was the ticket that Mr. Myers gave you open or folded up?-A. No, sir. Q. 18. It was so that you could have seen the names on the ticket if you had looked at it? A. Yes, sir. Q. 19. You can read English enough to make out the ticket, can you not?-A. Yes, sir. Q. 20. Did you not know that Mr. Wilson's name was on the ticket?-A. No, sir; I did not. Q. 21. You have a great deal of confidence in Mr. Myers, who gave you the ticket have not you?-A. Yes, sir. Q. 22. Did he say anything about whether he thought that was the best ticket?— A. No, sir. Q. 23. He just handed you the ticket, and you folded it up and voted it ?—A. Yes, sir. Redirect: Q. 24. Did you see when you voted whether it was Democratic or Republican ?— A. Yes, sir; I say that it was Democratic. Q. 25. On that account I suppose that the men that you voted for were Demo crats?-A. I do not know. Q. 26. Did you expect to vote for Democrats?-A. Yes, sir. 1.20 paid as fee by contestant. STATE OF IOWA, Benton County, 88: GEORGE HAACK. JOHN KRUG, being produced and sworn before John Baum, notary public for Benton County, on this 19th day of April, 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. Did you vote at the November election, 1882, in Homer Township, Benton County, Iowa?-A. Yes. sir. Q. 2. What ticket did you vote?-A. Democratic. Q. 3. Whom did you get your ticket from?-A. Mr. Collins. Q. 4. Did you vote for Frederick for Democratic Representative in Congress?-A. Yes, sir. Q. 5. Did you read your ticket?-A. I looked it over. ($1.05 paid as fee by contestant.) STATE OF IOWA, Benton County, 88: JOHN KRUG. MARCUS WITT, being produced and sworn before John Baum, notary public for Benton County, on this 19th day of April, 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. Did you vote at the November election in Homer Township, Benton County, Iowa? A. Yes, sir. Q. 2. What ticket did you vote?-A. Democratic. Q. 3. Who gave you your ticket?-A. I don't know who gave it to me. Q. 4. Did you read it ?-A. Yes, sir, I did. Q. 5. Did you vote for Frederick for Representative in Congress ?-A. No, sir; Wilson's name was on it. Q. 6. Did you suppose that Wilson was a Democrat?-A. No, sir. Q. 7. Did you understand that he was a Democrat from the fact that his name was on the ticket?-A. Yes, sir. Q. 8. Did you expect to vote a Democrat ticket ?-A. Yes, sir. Q. 9. Did you suppose that Wilson was a Democrat?-A. I supposed so at the time. Q. 10. Did the person that gave you the ticket tell you that Wilson was a Democrat?-A. No, sir. Q. 11. Would you have voted for him if you had known that he was a Republican ?— A. No, sir; I would not. Cross-examination: Q. 12. You knew that Wilson's name was on the ticket?-A. Yes, sir. Q. 13. You read it over?-A. Yes, sir. Q. 14. You saw Smock's name also?-A. Yes, sir. Q. 15. You know him-recorder in Vinton?-A. Yes, sir. Q. 16. A one-legged man ?—A. Yes, sir. Q. 17. You meant to vote for him?-A. Yes, sir. Q. 18. And for all the men on that ticket?-A. Yes, sir. Redirect: Q. 19. You didn't intend to vote for a Republican Congressman ?-A. No, sir. ($1.15 paid as fee by contestant.) MARCUS WITT. STATE OF IOWA, Benton County, 88: JUSTICE MEHLHAUS, being produced and sworn before John Baum, notary public for Benton County, on this 19th day of April, 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. Did you vote at the November election, 18-2?-A. Yes, sir. Q. 2. What ticket did you vote-Democratic or Republican?-A. Democratic. Q. 4. Did you vote for B. T. Frederick for Representative in Congress?-A. I cannot tell you that; I was so late I got my pencil; Collins came to me and told me that he had some filled out; I saw Mr. Collins take a ticket and give it to me; I threw the ticket in. Cross-examination : Q. 5. How long have you been in this country?-A. 8 years last spring. Q. 6. When were you naturalized?-A. It must be 5 or 6 years ago. Q. 7. How long had you been in this country when you got your papers?-A. I was in Illinois. I got here on the 7th of March. Q. 8. Where did you get your papers?—A. In Vinton. Q. 9. When did you get them ?-A. I think, 5 or 6 years ago. Q. 10. Did you get your papers before that?-A. I got the first ones there; I got the rest here, I believe. Q. 11. Did the clerk give you papers, when you got last papers?—A. Yes, sir; I have papers at home; I also had a witness. ($1.05 paid as fee by contestant.) STATE OF IOWA, Benton County, 88: JUSTICE MEHLHAUS. S. THEISSON, being produced and sworn before John Baum, notary public for Benton County, on this 19th day of April, 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): Peter Schuerman sworn as interpreter. Q. 1. Did you vote at the November election ?-A. Yes, sir. Q. 2. What ticket did you vote, Democratic or Republican?-A. Democratic. Q. 3. Whom did you vote for for Representative in Congress?--A. For Frederick. Q.4. Whom did you get your ticket from?-A. L. Illian. ($1.25 paid as fee by contestant.) STATE OF IOWA, Benton County, 88: S. THEISSON. PETER SCHUERMAN, being produced and sworn before John Baum, notary public for Benton County, on this 19th day of April, 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): Q1. Did you vote at the November election, 1882-A. Yes, sir. Q. 2. What ticket did you vote?-A. Democratic. Q.3. Whom did you get your ticket from?-A. Thomas Collins, I guess; I had a whole pile of them there. Q. 4. Did you vote for Frederick for Representative in Congress ?—A. Yes, sir. ($1.30 paid as fee by contestant.) PETER SCHUERMAN. NIC. SCHUEHERMAN, being produced and sworn before John Baum, notary public for Benton County, on this 19th day of April, 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. Did you vote at the November election ?-A. Yes, sir. Q. 2. What ticket did you vote?-A. Democratic. Q. 3. For whom did you vote for Congressman ?-A. Frederick. Q. 4. From whom did you get your ticket?-A. At Keystone; I didn't suppose that there would be any here. Q. 5. Did you read your ticket?-A. Yes, sir. Q. 6. You know you voted for Frederick ?-A. Yes, sir. ($1.30 paid as fee by contestant.) STATE OF IOWA, Benton County, 88: N. G. SCHUEHERMAN, HENRY THIESSON, being produced and sworn before John Baum, notary public for Benton County, on this 19th day of April, 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. I. Did you vote at the November election, 1882?-A. Yes, sir. Q. 2. What ticket did you vote? -A. Democratic. Q.3. For whom did you vote for Representative in Congress-A. Frederick. Q. 4. From whom did you get your tickets? A. L. Illian. Q.5. Did you read it ?-A. No, sir. Q.6. They told you that it was a straight Democratic ticket?-A. Yes, sir. Cross-examination: Q. 7. How old are you?-A. 25 years old. ($1.25 paid as fee by contestant.) STATE OF IOWA, Benton County, 88: HENRY THIESSON. HENRY STEIN, being produced and sworn before John Baum, notary public for Benton County, on this 18th day of April, 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. Did you vote at the November election, 1882?-A. Yes, sir. Q.2. What ticket did you vote, Democratic or Republican ?—A. I intended to vote Democratic. Q.3. From whom did you get your ticket?-A. Dave Smith. Q4. What Smith; is he this man here?-A. Yes, sir. Q.5. What is his name?-A. Dave Smith. Q.6. For whom did you intend to vote for Congressman ?-A. I intended to vote the straight Democratic ticket. Q.7. Did you ask for a straight Democratic ticket?-A. No, sir. Q.8. What did he tell you about the ticket?-A. Nothing. I asked him for a Democratic ticket, or for a ticket. He gave me a Democratic ticket; I don't know whether it was straight or not. Q.9. Can you read English? A. Yes, sir. Q. 10. Did you read it ?-A. No, sir. Q. 11. Did they tell you that it was a straight Democratic ticket?-A. No, sir. Q. 13. Did he tell you anything about the ticket?—A. No, sir; not that I know of. Q. 14. You just asked for a Democratic ticket, and he gave you that ticket, and you put it in?-A. Yes, sir. Q. 15. You intended to vote the Democratic ticket?-A I always do; I intended to vote the straight Democratic ticket. Cross-examination: Q. 16. Was the ticket open when he gave it to you?-A. Yes, sir. Q. 17. You could read it, could you ?-A. Yes, sir. Q. 18. Who folded it up?-A. I did myself. Q. 19. The ticket was spread out the whole length when he gave it to you ?—A. I looked at the ticket to see whether it was a Democratic that I had. Q. 20. Mr. Smith did not make any revisions about the ticket at all for you?—A. Not that I know of. Q. 21. He did not deceive you in any way; did not make any revisions, did he; that it was any different from what it actually was, did he?-A. No, sir. Redirect: Q. 22. You asked for a Democratic ticket?—A. Yes, sir. Q. 23. What were the words you said to Mr. Smith? Just state them.-A. I asked him for a ticket; that is all I know of. Q. 24. Did you ask him for a Democratic ticket?-A. Yes, sir. Q. 25. Now, if you had known that that ticket had Wilson's name on it would you have voted it?-A. No, sir. Recross-examination: Q. 26. You would have seen it for yourself?-A. Yes, sir; it may have been straight for all that I know. Q. 27. He handed you the ticket and you folded it up and put it in the box? You knew that Smith was a Republican, did you?-A. Yes, sir. Q. 28. You knew that he was working for Wilson, did you?-A. No, sir; not at the time I voted. Q. 29. Didn't you know that he was working for the whole Republican ticket?—A. Not when I came here; I came late. Q. 30. How long have you known Mr. Smith ?-A. 8 years. Q. 31. He has been a Republican all the time?-A. Yes, sir. Q. 32. When he handed you that ticket did you know that Smock's name was on the ticket; that one-legged man in Vinton?-A. Yes, sir; I knew that. Q. 33. You intended to vote for him?-A. Yes, sir; I intended to vote the straight Democratic ticket. $1.25 paid as fee by contestant. STATE OF IOWA, Benton County, 88: HENRY STEIN. D. W. SHOEMAKER, being produced and sworn before John Baum, notary public for Benton County, on this 19th day of April, 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. Are you township clerk?-A. Yes, sir. Q. 2. Did you assist in counting the ballots in this township to-day?-A. Yes, sir. Q. 3. What is the result of the count for the office of Representative in Congres?-A. 34 Republican tickets, 1 Greenback ticket, 3 straight Democratic tickets, 66 votes for Wilson, 35 for Frederick. Q. 4. What do you mean by begus Democratic tickets? (Contestee objects for the reason that there is a ticket noticed, and that it is not the best evidence.) Q.5. What do you mean by bogus Democratic tickets?-A. That they were mixed. Q.6. That they had Wilson's and Smock's name on them?-A. Yes, sir. Q. 7. Democratic otherwise, except that they had Wilson's and Smock's name printed on?-A. Yes, sir. Q. 8. I will call your attention to Exhibit "B;" is this the kind of a ticket you denominate bogus Democratic ticket? (Witness examines it.) A. Yes, sir; that is the bogus ticket with Smock's and Wilson's name on it. Q. 9. How many ballots were cast for the straight Democratic tickets?-A. 67. Q. 10. How many straight Republican tickets cast?—A. 34. Cross-examination : Q. 11. Did you find straight Democratic tickets there with Frederick's name scratched off and Wilson's name put on in this recount?-A. Yes, sir; 3 of them were. Q. 12. Is there a single ticket in the box with all the names on from top to bottom that are Democratic?-A. Well, I don't know. Q. 13. From the fact that you live there, and know these people, I want to find out is there a single straight Democratic ticket in that box?-A. Yes, sir; 35, I believe. Q. 14. Well, is there a straight Democratic ticket in that box?—A. I don't know about the last. Q. 15. Did you find David Smith's name on some tickets for justice of the peace?— A. Yes, sir. Q. 16. Was he elected?-A. Yes, sir. Q. 17. Elected justice of the peace for this township?-A. Yes, sir. Q. 18. Did you then find a single straight Democratic ticket from top to bottom voted by the people in this election; now look?-A. I don't know whether they were straight Democrats or not; I don't know what they claim to be. Q. 19. Is David Smith a Democrat?-A. Well, sir, he is a stranger to me. Q. 20. How long have you been there ?-A. 14 months; I don't know their politics at all; if I could know their politics I could testify different. Q. 21. You are the present township clerk?-A. Yes, sir. Q. 22. You keep the township records now, and have them in your possession ?— A. Yes, sir. Q. 23. Did you know that Mr. D. L. Smith was elected, was qualified, is now acting as justice of this township?-A. I saw it so recorded in the book, for I was one of the |