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County, to have been for the candidate for the office of Representative in Congress, 5th district, at the general election in November, 1882 ?-A. James Wilson, 263 ; B. T. Frederick, 209; David Platner, 24.
Q. 17. Does this show the vote for Marengo Township, at the general election for 1882, as returned by the board of canvassers of Iowa County to the state board of canvassers 1-A. Yes, sir; so far as it relates to the Representative ticket.
Q. 17. How does this correspond with the returns found in the poll-book of Marengo Township which has been made by the judges of the election to the county board of canvassers 1-A. It is the same. (No fee.)
J. S. WAGNER. STATE OF Iowa,
Iowa County, 88: 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. D. Adams, whose testimony was taken Feb. 22nd, 1883, do truly certify that on the 8th day of March, 1883, in pursuance of the notice hereunto annexed, I I took the depositions of the following-named witnesses: J.B. Lyon, A, M. Henderson, B. F. Reno, Ed. Tucker, J. S. Swaney, A. M. Henderson (recalled), Ed. Tucker (recalled), A. J. Morrison, Thos. Stapleton, Andrew Jacobs, Martin Hanson, C. L. Shipton, J. S. Wagner; and upon the same conditions as above mentioned, and at the same place, on the 16th day of March, the testimony of J. S. Wagner was taken, 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, Benjamin 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 that when the testimony was taken I carefully read the same over to the witness, 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 A. H. Simpson and J.N. W. Rumple appeared as counsel for James Wilson, contestee.
In witness whereof I have set my hand and seal notarially, this 16th day of March, 1883. [SEAL.]
ELDON MORAN, Notary Public and Commissioner agreed upon to take testimony.
TESTIMONY FOR THE CONTESTEE.
TAMA COUNTY, FREBERICK)
Wilson. S STATE OF IOWA,
Tama County, 88: Deposition of witnesses produced before me, Eldon Moran, a potary public and commissioner agreed upon to take testimony, and duly sworn before me, a notary public for Johnson County, Iowa, on this 30th day of March, 1883, at Gladbrook, 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; Brown and Carney for contestant, and W. H. Stivers for contestee.
The following testimony was taken before me: STATE OF IOWA,
Tama County, 88 : H. D. HAMANN, being produced and sworn before G. L. Wilber, a notary public for Tama County, on this 30th day of March, A. D. 1883, testifies as follows (T. Browni appearing on the part of contestant, and W. H. Stivers on the part of contestee):
Ques. 1. State your name, place of residence, and age!--Aus. H. D, Hamann; Spring Creek Township, Tama County; age 61.
Ques. 2. Did you vote at the last Nov, election in Spring Creek Township, Tama County, Iowa, at which B. T. Frederick and James Wilson were candidates for Congress ?--Ans. I voted for one of them.
Ques. 3. How many tickets or candidates were there at that election for CongressAns. I guess only two; I don't know anything about it.
Ques. 4. Was there a Greenback candidate at that election ?--Ans. I don't know aiything about it.
Ques. 5. Did you vote the Democratic ticket at that election 1--Ans. Yes.
Ques. 6. Whose name was on that Democratic ticket for Congress !--Ans. Mr. Fred. erick's.
Ques. 7. Where were you born ?--Ans. Schleswig-Holstein.
(Objected to, as the papers are the best evidence, and the witness was not subpænaod to bring them in).
Ans. At Davenport, Iowa.
H. D. HAMANN.
Tama County, 88: G. W. SHERRY, being produced and sworn before G. L. Wilber, a notary public for Tama County, on this 30th day of March, A. D. 1883, testifies as follows (T. Brown appearing on the part of contestant, and W. H. Stivers on the part of contestee):
Ques. 1. What is your age and place of residence !-Ans. Age 36; Gladbrook, Iowa.
Ques. 2. Did you vote at the last Nov. election held at Spring Creek Township, Tama County, Iowa, at which B. T. Frederick and James Wilson were candidates for Congress I-Ans. Yes.
Qnes. 3. Did you rote the Democratic ticket or for any of the candidates running thereon !-Ans. No.
Ques. 1. Did you not state since the election that you voted at said election the Democratic ticket with Frederick's pame off and Wilson's name thereon --Ans. I might have done so, but I voted the straight ticket. Ques. 5. Do you say you did so, as stated 1-Ans. No, sir,
Ques. 6. Did you not tell w. S. McKensee and James Smith, at Gladbrook, Iowa, since said election, that you voted the Democratic ticket at said election, with Frederick's name scratched, and Wilson's put on ?-Ans. I believe I told them that on the street.
Cross-examination : Ques. 7. As I understood you, Mr. Sherry, you testify now that you voted the straight Republican ticket, including James Wilson, at the last Nov. election, 1882, in Spring Creek Township, Tama County, Iowa ?-Ans. Yes.
Ques. 8. Where were you born 1--Ans. Missouri.
Ques. 9. How long a resident here before the last Nov, election !-Ans. Came here in July.
Ques. 10. Came direct from Missouri here ?-Ans. No, sir.
Ques. 11. When did you first come to the State of Iowa ?-Ans. Came here at first in 1866.
Qaes. 12. Where was your last residence previous to your coming to Gladbrook !-Ans. Clarinda; had lived there a year. Ques. 13. Are you married, and did you move your household goods here !-Ans. Yes.
G. W. SHERRY. STATE OF IOWA,
Tama County, 88: En. FITZGERALD, being produced and sworn before G. L. Wilber, a notary public for Tama Co., on this 30th day of March, A. D. 1883, testifies as follows (T. Brown appearing on the part of contestant, and W. H. Stivers on the part of contestee):
Ques. 1. Where do you live 1-Ans. At Gladbrook.
Ques. 3. Did you vote at the last Nov. election beld at Spring Creek Township, Tama Co., Iowa, at which B. T. Frederick and James Wilson were candidates for Congress I-Ans. Yes, sir.
Ques. 4. Who did you vote for Congress ?-Ans. I voted the Democratic ticket.
Ques. 5. Did you vote for B. T. Frederick ?--Ans. I do not remember the name; I vote the Democratic ticket.
Ques. 6. How long have you lived at Gladbrook I-Ans. Since the fore part of September, I think.
Ques. 7. How many days before the Nov, election were you here; is there anything you can fix in yonr mind that will help you to recollect the day you came here ! -Aps. I think I came here on the 7th of the month; I came here on the train.
Qnes. 8. Where did you live prevous to your coming here 1--A. In Taylor Co., and at Clarinda, Iowa, the winter before.
Ques. 9. Did you not state to the sheriff in town to-day that you had only been here about 30 days before the election !
(Objected to as an attempt to impeach contestee's own witness.) Ans. I do not know as I did.
Ques. 10. Do you recollect that you told him anything about itt-A. We talked abont it.
Ques, 11. Do you recollect anything you told him about it?-A. I don't recolleot telling him anything about it.
Ques. 12. Whose honse did you leave in Taylor Co. when you started to come bere, and how many days were you on the road before you arrived here -A. Thomas Fitzgerald's house. The shanty belonged to the railroad co., and Fitzgerald kept it. I was on the road two days.
Ques. 13. Where in Taylor Co. is this house situated ?--Ans. On the railroad ; at what part I cannot tell.
Ques. 14. What town or station is near it!- Ans. New Market.
Ques. 18. How long have you lived with Tho. Fitzgerald ?- Ans. Since the fall before.
Ques. 19. Do yon visit around from place to place with your children, making their houses your home while with them I-Ans. Yes, sir.
Ques. 20. Previous to coming here did you live with Tho. Fitzgerald ?-Ang. Yes, sir; with my son-in-law.
Ques. 21. When you came last fall did you come to live with Mr. Sherry awhile I-Ang. Yes, sir.
Ques. 22. Then where were you going?-Ans. I do not know where I will go.
Ques. 23. Where did you think of going 1-Ans. I don't know as I have thonght of going any place. I must think of that yet. Quer. 24. Where were you born ?--Ans. Ireland. Ques. 25. Have you naturalization papers, and where are they ?-Ans. At home,
his ED. X FITZGERALD.
mark. Notice.-G. L. Wilber.)
GLADBROOK, IOWA, Mar. 18th, 1883. I certify that the foregoing is a true statement of the testimony before me in the case of B. T. Frederick, contestant, and James Wilson, contestee, for the seat of the 5th dist. in Congress.
G. L. WILBER,
Notary Public in and for Tama Co., Iowa. STATE OF IOWA,
Tama County, 88: CLAUS SCHNECKLATH, being produced and sworn before Eldon Moran, a notary public for Tama County, on this 30th day of March, 1883 (Brown and Stivers appearing on the part of contestant, and W'. H. Stivers on the part of contestee), testifies as
Ques, 1. Where do yon live ? - Ans. Nicht verstehe.
Ques. 7. Did you vote at the last November election held in Spring Creek Township, Tama County, Iowa, in which Benjamin T. Frederick and James Wilson were candidates for Congress -Ans. I can't make it ont. (C. Fink sworn as an interpreter.) Yes, sir; I voted at Spring Creek Township, Tama County, Iowa.
Ques. 8. What ticket did you vote ?-Ans. He said that he don't know for sure. Ques. 9. Who gave you the ticket :- Ans. I don't know for sure.
Ques. 10. Ask the witness to tell as nearly as he can.-Ans. He said that he don't know for sure the man that gave him the ticket.
Qoes. 11. Ask him what political party he belongs to-Democratic, Greenback, or Republican-Ans. Democratic
Ques. 12. Ask him if he voted the Democratic ticket at that election ?-Ans. Yes, sir.
Ques. 13. Ask him if he has naturalization papers.--Ans. Yes, sir; long ago; about 10 vears ago. Ques. 14. Where did he get them ? (Objection by the contestant that the papers are the best evidence.) Ques. 15. Where did he get them 1--Ans. In Toledo. Ques. 16. In Tama County, Iowa!--Ans. Yes, sir; in Tama County, Iowa.
Ques. 17. How many papers did he get ? - Ans. In the first place he took the first, and then 4 years ago he took the last.
CLAUS SCHNECKLATH. STATE OF Iowa,
Tama County, 88 ;
Ques. 1. Where do you live ?-Ans. Spring Creek Township.
Ques. 3. Where were you naturalized ?-Ans. I don't know; I don't understand what that means.
Ques. 4. You know what naturalization means ?-Ans. No, sir.
Ques. 9. You were twenty-one when you came to this county?-Ans. Almost 21.
Ques. 13. Rest of the time here?-Ans. No, sir; 2 years in Tama City; then lived in Davenport 2 years.
Ques. 14. And 2 years in Tama City ?-Ans. No, sir; 3 years in Tama City.
Ques. 16. You never were naturalized that you know of, were you! Have you been in Tama County all the time since you came here 1-Ans. Yes, sir.
Qnes. 17. Have you left the county at all since 1--Ans. No, sir.
Ques. 25. Where are those papers you say you got there--you say you got papers there?-Ans. Yes sir.
Ques. 26. In '72? Of whom did you get them I-Ans. Court-house papers.
Ques. 32. Where are the papers, can you tell me that?--Ans. I don't know what
Ques. 36. Who were your witnesses when you got your papers ?-Ans. I believe Harry Giebart.
Ques. 37. Who else 1-Ans. I don't know who else I had.
Ques. 33. In *751-Ans. Well, the first one, I believe, was John G. Haggert ; I believe, but I am not sure.
Ques. 39. You say you can't tell who you got them from !--Ans. I don't know the name of the man; I got them in the court-house, that is all I know.
Cross-examination : Ques. 40. Did you get them of the clerk of the court 1--Ans. Yes, sir; I got them of the clerk; but I don't know his nam.
Ques. 41. You don't remember the man's name you got them of, but you are sure you got them ?-Ans. Yes, sir; I am sure of that. Ques. 42. How far is it from here 1- Ans. 5 miles. Ques. 43. You came here from Germany in what year to Davenport !--Ans. In '68. Ques. 44. Well, you were 20 years old ?-Ans. No, sir; 21.
Ques. 45. You were at least 21 years old ; 20 or 211 –Ans. I had been 21; a little more than that.
Ques. 46. How old were you when you came over from Germany to Davenport IAng. I was born in '47.
Ques. 47. You came over in '68 1- Ans. Yes, sir; I was 21.
Ques. 46. Did you vote in the last election in Spring Creek Township 1- Ans. Yes, sir.
Ques. 49. Vote the Democratic, Greenback, or Republican ticket?-Ans. Democratie ticket. Ques. 50. Did you vote for Frederick for Congress ?-Ans. Yes, sir.
CLAUS MAREHNS. No fee paid.
STATE OF Iowa,
Tama County, 88 :
Ques. 1. Where do you live --Ans. Spring Creek.
Ques. 3. Did you vote the Democratic, Greenback, or Republican ticket ?-Ans. Democratic ticket.
Ques. 4. Did you vote for Frederick for Congress 1- Ans. I bave forgotten the naine.
Ques. 8. When did you first come to the U. S. 1-Ans. I have been here 29 years about 30 years July 4th.
Q. 9. When did you get your naturalization papers 1-A. I don't know; I have forgotten the time; I have got them in my pocket; I will show them to you.
(Witness produces papers.)
Q. 10. Have you got any other naturalizations papers 1-A. I don't know; I can tell you, for I have a second paper.
Q. 11. Did you have another 1-A, Yes, sir; I got one more.
Q. 20. You can tell what year he was born in ?-A. What year? No, sir. I was 55 years when I came here.
Q. 21. You were naturalized in '68, were you not I-A. I don't know.
(Objection by the contestee; the papers are the best evidence it is suggested to refresh the witness's memory.)
Q. 23. Now, in 68 you got your State papers before the county judge in Tama County, Mr. Free!
(It is agreed between the parties that the naturalization papers of the witness were executed by T. S. Free, who was county judge of Tama County, Iowa.)
“UNITED STATES OF AMERICA,
“State of Iowa, 88 : “Be it remembered that at the term of the county court held in the said county, in the city of Toledo, 2nd day of Oct., A. D. 1868, was present Hon. T. S. Free, sole presiding judge of said court, when the following, among other proceedings were had, to wit: Naturalization of Peter Fink, a dative of Holstein, of the Germanic Confederation, at present residing within said State, appeared in open court and makes appli