Cross-examination: Ques. 40. Did you get them of the clerk of the court?-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 -Ans. 5 miles. Ques. 43. You came here from Germany in what year to Davenport?-Ans. In t 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 !— Ans. I was born in '47. sir. Ques. 47. You came over in '68?-Ans. Yes, sir; I was 21. Ques. 48. Did you vote in the last election in Spring Creek Township-Ans. Yes, Ques. 49. Vote the Democratic, Greenback, or Republican ticket?-Ans. Democratic ticket. Ques. 50. Did you vote for Frederick for Congress?-Ans. Yes, sir. No fee paid. CLAUS MAREHNS. STATE OF IOWA, Tama County, 88: PETER FINK, being produced and sworn before Eldon Moran, notary public for Tams Co., on this 30th day of March, 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?-Ans. Spring Creek. Ques. 2. Did you vote last Nov. in Spring Creek Township?-Ans. Yes, sir. Ques. 4. Did you vote for Frederick for Congress?-Ans. I have forgotten the name. Ques. 8. When did you first come to the U. S. ?-Ans. I have been here 29 years— about 30 years July 4th. Q. 9. When did you get your naturalization papers?-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?-A. I don't know; I can tell you, for I have a second paper. Q. 11. Did you have another?-A. Yes, sir; I got one more. Q. 12. Before or after this?-A. Yes, sir; I have got it. Q. 13. This is all the naturalization papers you have now?-A. Yes, sir. Q. 14. Do you know Harry Fink -A. Yes, sir. Q. 15. He is your boy?-A. Yes, sir. Q. 16. How old is he?-A. I don't know. Q. 17. How old are you, Harry; 30 years and over?-A. I don't know how old. Q. 18. He was born before you came to this country?-A. Yes, sir. Q. 19. He was born where?-A. In Holstein. 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?-A. I don't know. Q. 22. You were naturalized by the county judge of Tama County, were you not? (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, i 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 bad, to wit: Naturalization of Peter Fink, a native of Holstein, of the Germanic Confedera tion, at present residing within said State, appeared in open court and makes appli cation to be admitted to become a citizen of the U. S., and appearing to the satisfaction of the court that he declared on oath before M. D. Schneider, clerk of the district court of Scott Co., Iowa, a court of record having a common law and jurisdiction and using a seal, two years at least before his admission, that it was bona fide his intention to become a citizen of the U. S., and to renounce forever all allegiance to any foreign prince, potentate, state, or sovereignty whatsoever, and particularly to King William of Prussia, of whom he was heretofore a subject, and said applicant having declared on oath before this court that he will support the Constitution of the U. S.; that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, state, potentate, or sovereignty, whatsoever, and particularly to King William of Prussia, of whom he was subject. The court being satisfied that the said applicant has resided within the U. S. a term of 5 years next preceding his admission, without being at any time during the said 5 years out of the territory of the U. S., and within this State one year at least, and it further appearing to the satisfaction of this, and during that he has behaved as a man of good moral character attached to the principles of the Constitution of the U. S., and disposed to the good order and happiness of the same, thereupon the court admitted the said applicant to become a citizen of the U. S., and ordered all the proceedings aforesaid to be entered on record, which was accordingly done by the clerk of this court. "In testimony whereof I, Thomas S. Free, judge of the court aforesaid, have hereanto set my hand and fixed the seal of said court, in the city of Toledo and said county, this 1st day of Oct., A. D. 1868. [SEAL.] STATE OF IOWA. Tama County, 88: "THOMAS S. FREE, Judge." PETER FINK. HENRY FINK, being produced and sworn before Eldon Moran, a notary public for Johnson 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 appearing on the part of contestee): Ques. 1. Where do yon live?-Ans. Spring Creek Township. Ques. 2. How long have you lived here?-Ans. 14 years last Nov. Ques. 3. Did you vote in Spring Creek Township at the last general election last Nov.-Ans. Yes, sir. Ques. 4. What ticket did you vote?-Ans. Democratic ticket. Ques. 5. Who did you vote for for Congressman; Democratic candidate?—Ans. Yes, sir.. Ques. 6. You are a son of Peter Fink, are you not?-Ans. Yes, sir. Ques. 7. You say you were born here?-Ans. Holstein. Ques. 8. Ever naturalized ?-Ans. Yes, sir. Ques. 9. Where?-Ans. In the old country. Cross-examination : Ques. 10. Did you understand the last question where were you naturalized; have you ever been naturalized in this country, in the U. S. of America ?-Ans. No, sir. Ques. 11. You have never been?-Ans. Not that I know of; I think I have an unJerstanding of it. Ques. 12. Do you know what naturalization means? What it is to take citizen papers-Ans. Yes, sir. Ques. 13. Did you ever take any out in this country?-Ans. No, sir. Ques. 14. How old did you say you were now ?-Ans. Going on 35 years of age. Ques. 15. Do you remember how old you were when you came to this country Ans. Yes, sir. Ques. 16. How old was that?-Ans. I was not quite 5 years of age. Ques. 17. How old were you when your father took his first papers to declare his intention of becoming a citizen of the U. S. ?-Ans. I was about 13 years of age, as near as I can tell. STATE OF IOWA, Tama County, 88: HARRY FINK. EDWARD FITZGERALD, being produced and sworn before Eldon Moran, a notary public for Tama County, on this 30 day of March, A. D. 1883, testifies as follows (T. Brown appearing on the part of contestant and W. H. Stivers appearing on the part of contestee): (Recalled.) Ques. 1. This paper produced is your naturalization paper, is it not?-Ans. Yes, sir. Ques. 2. The only naturalization paper you have?-Ans. Yes, sir. To all whom these presents shall come, send greeting: Whereas at the term of the county court begun and held in the court-house, at Ottumwa, on the 11th day of October, A. D. 1859, in and for said county and State above mentioned, Edward Fitzgerald, an alien and a native of Great Britain and Ireland, the subject of the Queen thereof, personally came before the judge of said county court and made application to be naturalized under the laws of the United States, and it appearing by sufficient testimony to the satisfaction of said court that the said Edward Fitzgerald had made declaration of his intention to become a citizen by due form of law, at least two years before making application, that he had been a resident of the United States for at least five years, then last passed, and, also, that during that time he had behaved like a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same. Whereupon, by order of the said court, the oath of allegiance was administered in due form of law to the said Edward Fitzgerald in open court, that he would support the Constitution of the United States, and that he absolutely and entirely renounced and abjured all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty whatsoever, and particularly to Queen Victoria, Queen of England and Ireland, of whom he was a subject. And thereupon it was ordered by said court that the certificate of naturalization be granted to the said Edward Fitzgerald according to the form of statute in such cases made and provided, which by these presents is accordingly done; and that the said Edward Fitzgerald be therefore entitled to all the rights and privileges and immunities of citizenship, In testimony whereof I, Joseph Hayne, clerk of said county and court, do here subscribe my name and affix the seal of said court, at Ottumwa, this 11th day of October, A. D. 1859. STATE OF IOWA, Tama County, 88: JOSEPH HAYNE, Clerk. H. H. WENTZENE, being produced and sworn before Eldon Moran, notary public for Johnson 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 contestée): Ques. 1. Were you ever naturalized? Did you get citizens' papers?—Ans. Yes, sir. Ques. 2. Where?-Ans. In Toledo. Ques. 3. From Mr. Free?-Aus. I don't know. Ques. 4. Have you got them here?-Aus. Yes, sir. (Witness produces paper.) Ques. 5. Did you ever get your pay?-Ans. No, sir. STATE OF IOWA. Tama County, 88: H. H. WENTZENE. A. Goos, being produced and sworn before Eldon Moran, notary public for Johnson County, on this 30th day of March, A. D. 1883, testified as follows (T. Brown appearing on the part of the contestant and W. H. Stivers on the part of contestee): Ques. 1. Where do you live?-Ans. Here in town. Ques. 2. How long have you lived here ?-Ans. About 2 years. Ques. 3 Where did you come from here ?-Ans. Davenport. Ques. 4. How long have you been in the United States -Ans. About 17 years. Ques. 5. Where born?-Ans. Schliswig. Ques. 6. Where you naturalized?-Ans. Can't understand. Ques. 7. Have you any citizens' papers?-Aus. Yes, sir. Ques. 8. With you?-Ans. No, sir. Ques. 9. Where are they?-Ans. Home. Ques. 10. How far is it?-Ans. About half a mile. Ques. 11. Can you get them?-Ans. Yes, sir. (Witness excused for the present, the remainder of his testimony to be added to this evidence. A. Goos afterwards returning to the court presents papers, which are pronounced good.) STATE OF IOWA, PETER ECKHOFF, being produced and sworn before Eldon Moran, 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 appearing on the part of contestee): Ques. 1. Where do you live?-Ans. One mile north of Gladbrook. Ques. 2. Where were you born?-Ans. Germany. Ques. 3. How long have you been in the United States?-Ans. Seventeen and onehalf years. Ques. 4. How old are you now?-Ans. Thirty-four. Ques. 5. When will you be thirty-five?-Ans. 18th of June next. Ques. 6. Were you ever naturalized; have you citizens' papers?-Aus. Yes, sir. Ques. 7. Where are they?-Aus. Right here. Ques. 8. Let me see them, please. (Witness produces papers.) Ques. 9. These are all the citizens' papers you have?-Ans. Yes, sir. Be it remembered, that at a term of the county court, held in said county, State of Iowa, on the October term, A. D. 1877 was present Peter Eckhoff a native of Germany, and at present residing in said State, appeared in open court, and made application to be admitted to become a citizen of the United States; and it appearing to the satisfaction of the court, that he came to the United States under age, two years at least before his admission; that it was bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance to any foreign prince, potentate, state, or sovereignty whatsoever, and particularly to the Emperor of Germany; said applicant being declared on oath before this court, tha the will support the Constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance to every foreign prince, potentate, state, or sovereignty whatsoever, and particularly to the Emperor of Germany. The court being satisfied with said applicant, has resided within the United States for the term of five years passed, preceding his admission, without being at any time during the said five years out of the territory of the United States, and within this State at least one year; and it further appearing to the satisfaction of this court that during that time he has behaved as a man of good moral character; attached to the principles of the Constitution of the United States; and well disposed to the good order and happiness of the same. Thereupon the court admitted said applicant to become a citizen of the United States, and ordered all the proceedings to be entered of record; which was accordingly done by the clerk of this court. John C. Guilfoil, clerk of said court, that the seal thereof here affixed at Marquoketa, this third day of October, A. D. 1877. J. C. Guilfoil, clerk of the said court, by J. C. Mishter, deputy, with the seal of the clerk of the circuit court of Jackson county, Iowa, attached. Ques. 10. Did you vote in this township, Spring Creek, Tama County, Iowa, last November election?-Ans. Yes, sir. Ques. 11. What ticket did you vote ?-Ans. Democratic ticket. Ques. 12. Did yon vote for Frederick for Congressman ?-Ans. Yes, sir; I think that I did; I voted straight ticket. Cross-examination: Ques. 13. When did you say you came to this country -Ans. 26th of June, '65. Ques. 14. How old are you now?-Ans. Thirty-four. STATE OF IOWA, Tama County, 88: PETER ECKHOFF. JOACHIN BOLDETT, being produced and sworn before Eldon Moran, notary public for Johnson County, on this 30th day of March, A. D. 1883, testified as follows (T. Brown appearing on the part of contestant and W. H. Stivers on the part of contestee): Ques. 1. Did you vote at the last election in Spring Creek Township, Tama County, Iowa. when Mr. Wilson and Frederick ran for Congress?-Ans. Yes, sir. Ques 2. It was in November, was it not?-Ans. Yes, sir. What ticket did you vote?-Ans. Democratic ticket. Ques. 4. For Mr. Frederick ?-Ans. Yes, sir; I believe so. H. MIS. 22-23 Ques. 5. Where were you born?-Ans. In Holstein. Ques. 7. Are they with you?-Ans. No, sir. Ques. 8. Who did you get them from?-Ans. I don't know his name; he was lame. Ques. 9. How long ago was it ?-Ans. I don't know. I can't tell you that. I never saw the papers so as to tell what day it was. Ques. 10. Are these the only citizen's papers you have got?-Ans. Yes, sir. Ques. 12. 21. Cross-examination: Ques. 13. You have got your papers entitling you to vote?-Ans. Yes, sir; I was discharged from the Army and got my papers in Toledo; I am sure of that. Ques. 14. You were in the Army, were you, during the war of the rebellion ?-Ans. Yes, sir. Ques. 15. You have got both sets of papers have you?-Ans. Yes, sir. Redirect: Ques. 16. Was it court time when you got your papers? Who was witness?—Ans. Ballett and Bahmm. 1.00 paid as fee by contestee. STATE OF IOWA, Tama County, 88: JOACHIN BOLDETT. 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 Feb. 22nd, 1883, do truly certify that on the 30th of March, in pursuance of the notice hereunto annexed, I took the depositions of the following witnesses: H. D. Hamaun, G. W. Sherry, Claus Schnecklath, Claus Mehrens, Peter Fink, Henry Fink, Edward Fitzgerald, H. H. Wentzien, A. Goos, Peter Echoff, Joachin Boldett, whose testimony is set forth in the following manner: Each witness was by me 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 same 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 and W. H. Stivers appeared as counsel for the contestee, James Wilson. In witness whereof I have set my hand and seal notarially this 30th day of March, 1883. [SEAL.] STATE OF IOWA, Tama County, 88: ELDON MORAN, Notary Public for Johnson County, Iowa, and Commissioner agreed upon to take testimony. Deposition of witnesses produced before me, Eldon Moran, a notary public and commissioner agreed upon to take testimony, and duly sworn before me, a notary public for Johnson County, Iowa, on this 31st day of March, 1883, at Tama City, 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 & Carney for contestant, and W. H. Stivers for contestee. The following testimony was taken before me: STATE OF IOWA, Tama County, 88: JOHN CARY, being produced and sworn before Eldon Moran, notary public for Johnson County, on this 31st day of March, A. D. 1883, testifies as follows (T. Brown appearing for part of contestant and W. H. Stivers on the part of contestee): Ques. 1. Where do you live?-Ans. Tama County. |