Ques. 5. Where ?-Ans. In the old country, in Ireland; full-blooded Irishman. Ques. 6. How long did your father reside in this country?-Ans. About 16 years. Ques. 7. You yourself were never naturalized, were you?—Ans. No, sir; but I was born in this country.

Ques. 8. You were at the last Indian Village election, last Nov. ?-Ans. Yes, sir.
Ques. 9. Whom did you vote for for Congress?-Ans. Mr. Frederick.

Ques. 10. Do you know that your father was naturalized?-Ans. He said that he

was.

Ques. 11. Where ?-Ans. In New York.

Ques. 12. What place?-Ans. I don't know, sir.

Ques. 13. Do you know where he lived in New York?-Ans. Yes, sir; he lived in Buffalo, along the Erie Canal.

Ques. 14. How long did you live in New York?—Ans. I cannot say; I was only quite a boy.

Ques. 15. How long did your father live in New York before you were born? Did . you ever say anything about, that ?-Ans. No, sir; I cannot say.

STATE OF IOWA,

Tama Co., 88:

DENNIS MCCOY.

C. KÜLTER, being produced and sworn before Eldon Moran, notary public for Johnson County, 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. Tama City.

Ques. 2. Where were you born?-Ans. In the old country.

Ques. 3. What country-Ans. Meklinburg,

Ques. 4. When did you first come to America?-Ans. When I was a little bit of a boy.

Ques. 5. When was it?—Ans. I could not tell exactly how old I was.

Ques. 6. I don't ask how old; when was it? That is what I want to know.-Ans. I don't know when the old folks came.

Ques. 7. When did you come?-Ans. I came when they came.

Ques. 8. That is the idea.-Ans. Yes, sir; we will get around to it after awhile.
Ques. 9. You don't know when you did come to America?-Ans. No, sir.

Ques. 10. Have you been naturalized?-Ans. I guess I am.

Ques. 11. Have you any papers?-Ans. Yes, sir.

Ques. 12. Where?-Ans. Not here.

Ques. Where are they?-Ans. In Davenport.

Ques. 14. When naturalized?—Ans. I can't tell what year.

Ques. 15. How do you suppose?-Ans. I think my papers are in German.

Ques. 16. When was it?-A. I cannot tell you that.

Ques. 17. How long did you live in Davenport?-Ans. I lived there about 20 years, I think.

Ques. 18. When did you come from Davenport?-Ans. 15 or 16 years ago.

Ques. 19. How old are you now?-Ans. About 39; pretty close to 40, I guess.

Ques. 20. How long was it before you came here that you became naturalized?— Ans. A number of years,

Ques. 21. How many years?-Ans. I can't tell you.

Ques. 22. How many?-A. I can't tell you how many, sure.

Ques. 23. Tell us as near as you can ?-Ans. I can't tell anywheres near that.

Ques. 24. You can't tell anything about the year you were were naturalized?—Ans. No, sir; I can't.

Ques. 25. Who was judge of the court, if anybody?-Ans. I don't know that for sure; I can't remember.

Ques. 26. Who was clerk of the court?-Ans. His name was Mittelbuscher.
Ques. 27. Was it in the court-house in Davenport?-Ans. Yes, sir; I guess it was.
Ques. Was it in the court-house?-Ans Yes, sir; I told you it was.

Ques. 29. Who was your witness?-Ans. I have forgotten the names; it was so long age; I don't think of any of them any more.

Ques. 30. What did you do with the papers you have got?-Ans. I left them in my trunk when I went to the Army; when I came back my trunk was goue, and my papers were gone also.

Ques. 31. Now, Mr. Külter, tell us as near as you can what year it was.—Aus. I can't tell you; I don't know.

Ques. 32. Was it 5 years before you came here?-Ans. Yes, sir; I believe about 5. I don't know how much-5, 7, or 7-I can't tell that.

Ques. 33. Can't you tell anything about it ?-Ans. No, sir.

Ques. 34. Can you tell whether it was two years?-Ans. No, sir.

Ques. 35. How do you know you have been here so long?-Ans. I know that; that I am here that long.

Ques. 36 How do you know?-Ans. I know I am.

Ques. 37. What do you guess by ?-Ans. I know that I am here that long; that is

what I guess by.

Ques. 38. Did you vote in the last election in Tama City, in which Frederick and Wilson were candidates for Congress?-Ans. Yes, sir.

What ticket did you vote?-Ans. I always vote the Democratic ticket.
Ques. 40. Did you vote for Frederick ?-Ans. I did that.

STATE OF IOWA,

Tama County, 88:

C. KÜLTER.

DENNIS GILLESPIE, 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 on the part of contestant, and W. H. Stivers on the part of contestee):

Ques. 1. Did you vote at the last election at Montone?-Ans. Yes, sir.

Ques. 2. You voted at the election when Mr. Frederick and Wilson were running for Congress? Ans. Yes, sir; I voted for supervisor.

Ques. 3. What ticket did you vote, Democratic, Greenback, or Republican ticket, if any?-Ans. Democratic ticket.

Ques. 4. Well, let us get along. Where were you born?-Ans. I was born in Donegal, Ireland, parish of Glen.

Ques. 5. When did you first come to America ?—Ans. I can't give the date; but I know I have been in America 40 years.

Ques. 6. How old are you now?-Ans. I am about 65 or 70.

Ques. 7. About 70.-Ans. Yes, sir; I was in this country since 25 years.

Quest. 8. Have you citizen papers?-Ans. No, sir.

Ques. 9. Never had?-No, sir; I never voted for Congressman in my life until last November, but I had voted for supervisor and school director in my district.

Ques. 10. You have never had any naturalization papers or citizen papers?—Ans. No, sir; I thought as long as I was in the country that I didn't need any, because I was so long in the country.

Cross-examination :

Ques. Have you any knowledge whom you voted for last election?-Ans. Yes, sir: I have voted for Fergusson; I voted the Democratic ticket. That is all the voting I have done since the last 40 years.

Ques. 2. You voted for the Congressman that Mr. Wilkes told you, did you ?—No, sir. Did he tell you the name?—No, sir; I knew the name myself.

Ques. 4. Did you read it ?—Ans. No, sir; I could not read it. Wilks told me here too that I voted Democratic.

Ques. 5. Did you read the ticket yourself?-Ans. No, sir; I could not read it. I can't tell what ticket I voted. I got two or three or four of them. I can't tell who gave them to me.

Ques. 6. Did you know whether the name of any Congressman at all was on it ?— Ans No, sir; I could not know it; I can't read.

Ques. 7. I could be off entirely, might it not?-Ans. Yes, sir.

Ques. 8. There might not be any Congressman's name on it at all, might there?— Ans. They may have thought I was a fool, you know.

Ques. 9. Now there were 3 Congressmen candidates last November, wasn't there ?— Ans. Yes, sir; I didn't know anything about any of them. My man was a Democrat. Ques. 10. You did not know whether the Congressman's name was on it or not, did you-Ans. No, sir; I could not tell.

Ques. 11. You thought you were a voter in good faith?-Ans. Of course I did.

Redirect:

Ques. 1. Did you think you voted the Democratic ticket?-Ans. Well, I am not sure, because I got 3 or 4 of them. I can't tell which ticket I voted.

Ques. 2. Which one did you intend to vote?-Ans. Democratic.

Ques. 3. Did you ask anybody whether it was Democratic ?-Ans. No, sir.

Ques. 4. How did you know it was a Democratic ticket; anybody tell you?-Ans. No, sir; my pocket was full; I had my pocket full of Republican tickets.

Ques. 5. How do you know that, if you cannot read?-Ans. Because the clerk told

me.

Ques. 6. Is that the way you did?-Ans. No, sir.

Ques. 7. How did you tell?-Aus. I told him that I meant to work for the Demo

crat.

Recross-examination:

Ques 1. You might have voted for a Republican ?-Ans. Yes, sir; or a Democrat. Ques. 2. You might have voted for a Republican?-Aus. Yes, sir; I might.

Redirect:

Ques. If you voted for a Republican, somebody fooled you, didn't they; they fooled you?—I don't believe they fooled me in my mind.

his

DENNIS GILLESPIE.

mark.

STATE OF IOWA,

Tama County, 88:

EDWARD YATES, 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 on the part of contestant, and W. H. Stivers on the part of contestee):

Where do you live?-Ans. In Columbia Township, Tama Co.

Ques. 2. How long have you lived there?-Ans. Nearly 20 years. I was raised in this co.

Ques. 3. Do you know John Stum ?-Ans. Yes, sir.

Ques. 4. How long have you known him?-Ans. I have known when I would see him for 5 years.

Ques. 5. Where does he live, do you know?-Ans. In Columbus Township.

Ques. 6. Is he a man of family ?-Ans. He has a wife, I know.

Ques. 7. Do you know whether he is foreign born?-Ans. Only from what I have heard him say.

Ques. 8. What did he say about that?-Aus. I have heard him say that he was born in Germany.

Ques. 9. Do you know anything about whether he was ever naturalized?

ever say anything about it?

(Objection: hearsay.)

Ans. I have heard him say that he was never naturalized,

Did he

Ques. 10. Do you know whether he voted at the last election, in Nov., in Columbus Township, in which Wilson and Frederic were candidates for Congress?

(Objection: hearsay.)

Ans. He told me he voted at last election.

Ques. 11. Did he tell you for whom he voted ?—Ans. For Frederic.

Recross-examination:

Ques. 1. How far do you live from him?-Ans. Between one and one-half and 2 miles. Ques. 2. What are your politics?-Ans. I voted the Republican ticket.

Ques. 3. Whom did you vote for?-Ans. Wilson.

Ques. 4. What was your object in inquiring of Mr. Stun whether he was naturalized? Ans. The way I came to ask him about his being uaturalized, he was talking about his nationality, and so on.

Ques. 5. Were you employed to do it?—Ans. No, sir.

Ques. 6. Did any one instruct you to ask him about it?-Ans. No, sir; no one. Ques. 7. What was your object in asking?-Ans. Simply to know where he was from.

Ques. 8. Did you reveal it?-Ans. No, sir.

Ques. 9. Whom did you tell it to first ?-Ans. To Mr. Stevens.

Ques. 10. Did they know you had any knowledge of it?-Ans. I don't know that they did.

Ques. 11. How did they know you knew these facts before you were called on the stand?-Ans. I can't tell you.

Ques. 12. Never told it to any one in the world, did you? Not until you told it upon the stand here ?-Ans. State that again.

Ques. 13. When did you tell these facts in regard to Mr. Stein being an unnaturalized voter at the last Nov. election? Whom did you tell it first?-Ans. I was asked about it by a man on the street.

Ques. 14. Who was it ?-Ans. James D.

Ques. 15. What did he say to you at that time?-Ans. What about?

Ques. 16. In regard to this Mr. Stein.-Ans. Well, he said, "Do you know whether he was ever naturalized or not?"

Ques. 17. What did you tell him?-Ans. I said that he had told me that he never was. Ques. 1. Did he ask you how he voted at the last election ?-Ans. I believe not. I believe he asked me his politics.

Didn't he ask you for whom he voted?-Ans. No, sir; I don't believe he did. Ques. 20. You don't remember to have told that party of it before?-Ans. No, sir. Ques. 21. Never remember telling anybody else those facts? Did you tell him on the streets to-day?-Ans. No, sir; not that I remember of.

Ques. 22. Where did this conversation take place, in which Mr. Stein told you that

he was not naturalized-before or after last election ?-A. That was, to the best of my knowledge, 3 years ago.

Ques. 23. Was that in election time?—Ans. No, sir; it was in the threshing crowd it came up. I can call it to memory.

Ques. 24. Who was present at the time?-Ans. My partners; two of them.

Ques. 25. Give their names.-Ans. Wm. Stein was present; also Clarke.

Ques. 26. Was this a brother of the other one?-Ans. Yes, sir.

Ques. 27. Did he hear the conversation?-Ans. I believe so.

Ques. 28. Where was it?-Ans. At John Stein's, three years next threshing time. Ques. 29. Does John Stein vote at the same place you did?-Ans. Yes, sir.

Ques. 30. When did he tell you that he voted for Frederick at the last election for Congress?-Ans. Yesterday.

Ques. 31. Where was that?-Ans. At his own house.

Ques. 32. What were you doing over there then ?—Ans. I went there to buy a horse of him.

Ques. 33. You asked him at that time whom he voted for?-Ans. Yes, sir.

Ques. 34. Did he ask you whom you voted for?-Ans. I don't remember.

Ques. 35. Did you buy the horse?-Ans. Yes, sir.

Ques. 36. You went there for that purpose?-Ans. Yes, sir.

Ques. 37. Didn't you go to see whom he voted for?-Ans. No, sir.

Ques. 38. Who was present when he told you that?-Ans. Mr. Teak.

Ques. 39. Did he vote for Frederic that time ?-He told me that he had voted for Frederic; that is, in the presence of Teek.

Ques. 40. Do you know whether he has been naturalized since that time?-Ans. The way as he spoke three years ago that he didn't have his papers.

Ques. 41. He spoke of first or second papers?-Ans. No, sir; I think not of 2d papers. The conversation ran about like this: I asked him if he had taken out his papers, and to my knowledge he said no. We had no reference to 1st or 2nd papers. Ques. 42. You knew he was an illegal voter?-Ans. No, sir; I never knew until yesterday that he was at the election.

Ques. 43. You never met him at the election?-Ans. I have no recollection of it. Ques. 44. Did you ever report it to any one?—A. Yes, sir; I never knew that he cast a vote in America until yesterday.

Ques. 45. Do you know that he did this?-Ans. No, sir; only what I was told. Ques. 46. State to us the conversation in which he told you that he voted for Frederick. How did that arise ?-Ans. It came up in the same argument between him and Peck about Wilson and Frederick. I asked him if he had turned to be a Democrat, or something like that. He said that he had. I said to Stein, maybe I am getting into a Democratic nest here. He said, I guess you are. Said I, are you a Frederick man? He said, yes, sir. I said, did you vote for Frederick last fall? He said he had. That is all of the conversation.

Ques. 47. Did you say anything more about that?-Ans. No, sir.

Ques. 48. Did you not tell him that he was not naturalized and had no right to vote?-I said nothing about it.

Ques. 49. Didn't that occur to your mind at that time?-Ans. I didn't give it a thonght.

Ques. 50. You never spoke to him?-Ans. No, sir.

Ques. 51. Yon didn't ask him whether he got papers since that time?-Ans. No, sir. Ques. 52. Didn't speak to him about being an illegal voter ?-Ans. No, sir; I said nothing about it.

Ques. 53. Were you in town yesterday?-Ans. No, sir.

Ques. 54. Were you not subpoenaed?-Ans. No, sir.

Ques. 55. Did you come in voluntarily to testify?-Ans. No, sir; not to testify. I did not know there was a trial.

Ques. 56. You came in here voluntarily?-Ans. Yes, sir.

Ques. 57. Any body force you to come in here ?-Ans. Not that I know of.

Redirect:

Ques. 1. How many brothers has Mr. Stein that you know?-Ans. Four, or rather three besides himself.

Ques. 2. Tell us their names.-Ans. Wilton Theodore, one they call Gus; one lives in Columbia; another lives in Richland Township. I know them when I see them. They are not old enough to vote.

EDWARD YATES.

(Showing the returns of their county in the 5th Congressional district, particularly of Martialtown.)

STATE OF IOWA,

Tama County, 88:

THOMAS CAFFERY, being produced and sworn before Eldon Moran, notary public to Johnson County, on this 31st day of March, A. D. 18-3, 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. In Tama City.

Ques. 2. Have you your papers here?-Ans. Yes, sir; I took out my papers. I never got my last ones because I thought I wouldn't have to.

Ques. 3. Did you vote at the last election at Tama City last November, when Frederick and Wilson were running for Congress?-Ans. Yes, sir.

Ques. 4. What ticket did you vote?-Ans. Democratic ticket.

Ques. 5. Did you vote for Frederick?-Ans. Yes, sir.

Ques. 6. Are these your papers?-Aus Yes, sir; they are the only ones.

Ques. 7. Where were you born?-Ans. In Ireland.

Ques. 8. How long have you been in this country ?-Ans. Since '67.

Ques. 9. You have lived here 10 or 12 years?-Ans. I guess 13 years; I was 3 years away from here.

(Witness produces papers.)

UNITED STATES OF AMERICA,

State of Iowa, Crawford Co.:

Before me, the undersigned clerk of the dist. court, in and for said county, personally appeared Thomas Caffery, a native of Ireland, and makes solemn oath that it is his bona fide intention to become a citizen of the United States, and to renounce and abjure forever all allegiance and fidelity to every foreign prince, potentate, state, Sovereignty whatsoever, and particularly allegiance to the Queen of Great Britain, to whom he was heretofore a subject.

THOMAS CAFFERY.

Sworn to and subscribed before me this second day of Sept., 1874.

A. D. Malony, clerk of dist. court in and for said county court of record, showing seal of office and having common-law jurisdiction, do hereby certify that the foregoing is a correct copy of the record as appears on file now in my office. In testimony whereof I have hereunto set my hand and fixed the seal of the said county at this my office in Johnson, in said county, this second day of Sept., 1-74.

(Attached the seal of dist. court of Crawford Co.)

Cross-examination:

Ques. 10. Where were you born?-Ans. In Ireland.

A. D. MALONY,
Clerk of Court of Crawford Co.

Ques. 11. When did you come to the U. S.?-Ans. In '67.
Ques. 12. How old were you then?-Ans. 13.

Ques. 13. How old are you now?-Ans. 36.

Ques. 14. Did your father come with you?-Ans. Father and mother did then. Ques. 15. Why didn't you take out other papers?-Ans. I thought I could not get other papers unless I went back there. I was told that to do that I would have to go back there to get them.

Ques. 16. Have not you stated that you voted the Republican ticket, and voted for Wilson last Nov.1-Aus. No, sir.

Ques. 17. Have you always been a Democrat?-Ans. Always.
Ques. 18. Were you 15 when you came here ?-Ans. Yes, sir.
Ques. 19. And declared your intention ?-Ans. Yes, sir.

his

THOMAS × CAFFERY.

mark.

No tee.

STATE OF IOWA,

Tama County, 88:

FAIRFIELD BENJAMIN, being produced and sworn before Eldon Moran, a notary public for Tama Co., on this 31st day of Mar., 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. Did you vote at last Nov. election in Tama City?-Ans. Yes, sir.

Ques. 2. The election in which Mr. Frederick and Wilson were candidates for Congress?-Ans. Yes, sir.

Ques. 3. What ticket did you vote?-Ans. For Wilson.