Ques. 68. Did he say that he was going to make it his home?-Ans. No, sir; he said that he was going back. Ques. 69. I mean in the first place.-Ans. He said that he was going there to live that is, before they first moved to Mo. STATE OF IOWA, Tama County, 88: D. JAAP, being produced and sworn before Eldon Moran, notary public for Tama County, on this 31st day of March, 1883, testifies as follows (W. H. Stivers appearing. on the part of contestee and T. Brown on the part of contestant): Ques. 1. Where do you live?-Ans. Columbus Township. Ques. 2. Did you vote at the last November election ?-Ans. Yes, sir. Ques. 3. Did you vote the Democratic or the Republican ticket?-Ans. I cannot tell, because I could not read it. Ques. 4. Ask him whether he is Democrat or Republican ?-Ans. Democrat. Ques. 6. Did you say that it was a Democratic ticket that you voted ?-Ans. I could not tell; I could not read it. Ques. 7. Did you say that you voted the Democratic ticket?-Ans. I could not tell for certain; I do not know. Ques. 8. Ask him if he wanted to vote the Democratic ticket?-Ans. I think so. Cross-examination: Ques. 9. Ask him if he might have voted for the Republican candidate and not have known it?-Ans. I don't know about that; one is as good to me as another. Ques. 10. Did you vote for a Republican?—Ans. No, for this the first time I ever voted at all. Redirect: Ques. 12. Where you born?-Ans. In Europe. Ques. 13. How long have you been in the United States?-Ans. Twelve years. Ques. 14. Where did you come to when you came to the United States ?-Ans. To Tama City. Ques. 15. Ask him if these are his papers?-Ans. Yes, sir. (Paper produced by witness produced in court.) UNITED STATES OF AMERICA, State of Iowa, Tama County, 88: Before me, the undersigned, clerk of the court, district in and for this county, perSolly appeared David Jaap, a native of Holstein, and makes solemn oath that it is his bona fide intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to every foreign power, prince, potentate, state, or Sovereignty whatsoever, and particularly William First, of Germany, of whom he was heretofore a subject. Sworn to and subscribed this 26th day of Dec., 1874. (Seal of the district court, Tama County, attached.) DAVID JAAP. L. B. BLINN, Clerk of the District Court.. I, L. B. Blinn, clerk of the district court in and for said county court of record, u-ing seal of office, and having common law jurisdiction, do here 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 court at my office at Toledo, in said county, this 26th day of Dec., 1874. (Seal of the district court attached.) Cross-examination continued : L. B. BLINN, Clerk of the District Court. Ques. 17. Did you ever get any papers after that?-Ans. No, sir. Ques. 18. How old were you when you came to this country?-Ans. I was 48 years old when I came here; I am now 60 years old. DAVID JAAP. STATE OF IOWA, Tama County 88: J. F. W. STEEN, being produced and sworn before Eldon Moran, notary public for Tama County, on this 31st day of March, 1883, testifies as follows (Brown & Carney appearing on the part of contestant and W. H. Stivers on the part of contestee): Ques. 1. Where do you live?-Ans. Columbia Township, Tama County. Ques. 2. Did you vote at the last election held in Nov., '82, in Columbia Township, at which Mr. Frederick and Wilson were candidates for Congress ?-Ans. Yes, sir. Ques. 3. Did you vote the Democratic or Republican ticket ?—Ans. The Democratic ticket. Ques. 4. For Frederick ?---Ans. Yes, sir. Ques. 5. Where were you born?-Ans. In Germany. Ques. 6. How old are you?-Ans. 29 the 24th of July. Ques. 7. How long have you been in America?-A. Eleven years this July. Ques. 8. Where did you come to?-Ans. Tama City. Ques. 9. Lived in this county ever since?-Ans. Yes, sir. Ques. 10. Naturalized?-Ans. I haven't got my papers. Ques. 11. Never had any papers?-Ans. I went once to get them, but I didn't have the money to spare. Cross-examination : Ques. 12. How long did you say you were here?-Ans. Eleven years; I came before I was 18 years old. Ques. 13. Was your father naturalized?-A. My father came 3 years afterward. Ques. 15. Has he been naturalized since?-Ans. I don't know that he is naturalized. Ques. 16. He might have been and you not know it ?-Ans. Yes, sir; he might have been and I not know anything about it. Ques. 17. You have never taken out last papers?-Ans. No, sir. Ques. 18. Are you sure that you voted for Ben. Frederick ?—A. I am pretty sure of it. Ques. 19. Did you read the ticket?-Ans. Yes, sir. Ques. 20. His name on it?-Ans. Yes, sir. Ques. 21. I want you to be sure of it.-Ans. Yes, sir; I wouldn't tell a lie for the whole of America. Redirect: Ques. 22. You have a brother?-Ans. Yes, sir. Ques. 23. Did he vote for Frederick ?-Ans. I don't know. Ques. 24. Do you know whether he voted or not?-A. I don't know anything about it. STATE OF Iowa, Tama County, 88: JOHN F. W. STEEN. 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 31st of March, in pursuance of the notice hereunto annexed, I took the depositions of the following witnesses: John Cary, Robert B. Montgomery, Sandy Ribby, Patrick Powers, Thomas Cary, Dennis McCoy, C. Kulter, Dennis Gillespie, Edward Yates, Thomas Caffery, Fairfield Benjamin, Owen Rley, John Haggarty, John Doyle, O. H. Mills, W. H. Potter, L. Brannan, Thomas Elwood, A. C. Matterois, E. J. Wilcox, D. Jaapp, J. F. W. Stearns, whose testimony is set forth in the following manner: Each witness was 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, 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 31st day of March, 1883. [SEAL.] ELDON MORAN, Notary Public for Johnson County, Iowa, and STATE OF IOWA, Tama County, 88: Deposition of witnesses produced before me, Eldon Moran, a notary public and commissioner, agreed upon to take testimony, and duly sworn by Amos Rodgers, notary public of Tama County, on this 14th day of April, 1883, at Elberon, 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, att'ys for contestant, and W. H. Stivers for contestee. The following testimony was taken before me: STATE OF IOWA, Tama County, 88: FRANK SANKAT, being produced and sworn before Amos Rogers, a notary public for Tama County, on this 14th day of April, 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. What county and what township do you live in?—Ans. In Belle Plaine. Ques. 3. That is in Benton County, is it not?—Ans. Yes, sir. Ques. 5. Do you live in Belle Plaine?-Ans. Yes, sir. Ques. 6. How long have you lived there?-Ans. Four years. Ques. 7. What is your age?-Ans. Twenty-two last month. Ques. 8. Did you vote at the election held there in November in Belle Plaine !— Ans. Yes, sir. Ques. 9. At the State election?-Ans. Yes, sir. Ques. 10. Where were you born?-Ans. In the old country; in Europe. Ques. 11. Is your father living?-Ans. No, sir. Ques. 12. How long has he been dead?-Ans. He has been dead about 12 or 13 years. Ques. 13. Where did he die ?-Ans. In Tama County. Ques. 14. How long had he been in America before he died?-Ans. About four years, I guess. Ques. 15. He has been dead about twelve years, you believe?-Ans. Yes, sir. Ques. 16. I will ask you if you voted the Democratic or Republican ticket last November election?-Ans. I voted the Democratic ticket. Ques. 17. Who did you vote for for Congress-Frederick or Wilson?-Ans. I cannot tell you; I voted the Democratic ticket; that is what I voted. Ques. 18. You cannot tell who was on for Congressman ?-Ans. I cannot tell. Ques. You did not vote for the Republican Congressman ?-Ans. No, sir; I voted for the Democratic. Ques. 19. Did you know who ran for Congressman as Democratic candidate for this district?-Ans. I did not. Ques. 20. Did you know then?-Ans. I cannot tell you. Ques. 21. Did you know whether you knew then or not?-Ans. Yes, sir. Ques. 22. Who gave you the ticket?-Ans. Some people in town. Ques. 23. Who was it?-Ans. I cannot tell you; I do not remember. Ques. 24. You do not know who gave you the ticket?-Ans. No, sir. Ques. 25. Do you know a single name that was on the ticket?-Ans. No, sir. Ques. 27. Was it printed?-Ans. Yes, sir. Ques. 28. You say you read all the names on the ticket?-Ans. Yes, sir; I did. Ques. 29. What did you read it for?-Ans. So I should know who I voted for. Ques. 30. To see whether they were Democrats or Republicans?-Ans. I know that that was a Democratic ticket. Ques. 31. You know that you voted for a Democratic man on the ticket?-Ans. Yes, sir. Ques. 32. Were you ever naturalized, and have you got naturalization papers, or cit izen papers?-Ans. No, sir. Cross-examination: Ques. 33. Did your father ever have naturalization papers?-Ans. I cannot tell you. you. Ques. 36. Do you know whether Mr. Wilson's name was on the ticket or not?-Ans. I guess it was. Redirect: Ques. 37. You say you guess Wilson's name was on the ticket?-Ans. I cannot tell you. Ques. 38. You do not know what ticket it was on, you guess it was all Democratic, was it? Ans. Yes, sir; that is all I voted; just Democratic ticket. Recross-examination: Ques. 39. You do not remember whether Wilson's name was on for Congressman or something else; you only knew that his name was on?-Ans. No, sir. $1.75 paid as fee by contestee. STATE OF Iowa, Tama County, 88: F. SANKAT. CHARLES JELINEK, being produced and sworn before a notary public for Benton County, on this 14th day of April, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant and W. H. Stivers on part of contestee): Q. 1. Where do you live?—A. Belle Plaine. Q. 2. What township and county?—A. Well, I suppose you know better than I do; it is in Benton County. Q. 3. Do you know what township it is?-A. It don't make any difference to me; you and Mason know better; I run my business; if you ask me my business I tell you it makes a good deal of difference. Q. 4. What is the matter with you?-A, I talk just as I have a right to. Q. 5. You voted in the town of Belle Plaine ?-A. Yes, sir; I did. Q. 6. Last fall, at the State election?-A. Yes, sir. Q. 7. Were you naturalized, and have you citizen papers?-A. Yes, the first one; Mr. Mosnat knows that. Q. 8. Have you them with you?-A. No, sir; I said that I did not know that I was expected to bring them along with me. Q. 9. How old are you?-A. Over 40. Q. 10. When did you get your first papers?-A. In '71. Q. 11. Where did you get them?-A. I got them at Belle Plaine. Q. 12. You got them at Belle Plaine?-A. Yes, sir; I did. Q. 13. From whom did you get them?-A. From Bell; I don't know what his first name was. Q. 14. The lawyer Bell?-A. Yes, sir. Q. 15. The lawyer in Belle Plaine?-A. Yes, sir. Q. 16. Are these all the citizen papers you have?-A. Yes, sir; it is all that I have. Q. 17. Mr. Bell is no clerk, is he?-A. He was a clerk at the same time. Q. 18. Bell was clerk of the court?-A. No, sir; there was another man up there. Q. 19. The clerk of the court was at Bell's office, in Belle Plaine?-A. Yes, sir; that is it. Q. 20. That was in '71?-A. Yes, sir. Q. 21. You have never made any application for any other papers; you supposed that that was all you needed to give you the right to vote?-A. Yes, sir; that is all. Q. 22. You voted at the last State election in Belle Plaine last fall?-A. I believe I did. Q. 23. Did you vote the Democratic or Republican ticket?-A. I tell you right straight. You see I got plenty to do right along. Mr. N- came around: "Here is a ticket, you go and vote it." I can't tell exactly which ticket it was I voted; I can't tell now. Q. 24. Can you tell whether you voted the Democratic ticket or Republican ?—A. He says it ought to be good; it made no difference to me; he says it ought to be a good ticket; I voted it; that was all. Q. 25. I ask you whether Democratic or Republican?-A. You see it did not make any difference to me. Q. 26. Well, tell me that, please.-A. Sometimes I vote for a Democrat; it don't make any difference to me. Mason came in to vote, and he said, "Here is a ticket." . I took it, and voted it. Q. 27. You vote whichever way they tell you to vote? Do you vote whichever way a fellow tells you to vote?-A. Yes, sir. Q. 28. What business do you follow in Belle Plaine, and how long have you been following it?-A. No answer. Q. 29. What business do you follow?-A. Harness business. Q.30. How long have you been following that?-A. Ten years last Jan. Q. 31. Who gave you your ticket last fall to vote?-A. [Laughs.] I can't tell you exactly now. Q. 32. Well, tell us as near as you can?-A. I can't tell now exactly. Q. 33. Well, tell as near as you can?-A. I can't hardly tell. Q.34. Do you know anything about who gave you your ticket?—A. I can't tell now exactly. Q.35. Can you tell anything about it?-A. I can't do it; I can't tell; that is all. Q.36. Do you know anything about what time of day it was when you voted ?— [Laughs.] A. You see my business did not amount to much for me; that is all; every man must look out for his own business. If you make something from this business you will remember it; if you don't make anything it don't make any difference; that is the way it goes. Q.37. Have you any recollection at all as to who gave you the ticket?-A. I can't tell exactly. Q.38. Have you any recollection at all?-A. No, sir; I can't tell. Q.39. Have you any recollection who gave you the ticket?—A. No, sir. Q.40. Can you read English printing-A. Yes, sir; I read it. Q.41. Did you read the ticket?-A. Sometimes I read it. Q. 42. Did you read your ticket last fall?-A. I cannot tell. [Arises.] You see now I am busy. Q.43. Well, just sit down, it is not necessary to make a speech right here. Q. 44. How did you know that it was N A. You ask me too much questions. Q.45. Let us have the answer.-A. You see N that gave you the ticket? [Laughs.] I followed along with him; that is the way of it. came and stopped at my place; Q.46. What neighbor was it?-A. I cannot tell exactly; if I tell you one time that is enough. Q. 47. Did you have a talk with Jack Mason?-A. I believe I know. Q. 48. Did you have a talk with him in the last few days as to how you voted?—A. I cannot tell whether I did or not. Q. 49. You cannot tell what?-A. Whether I talked with him or not. Q.50. You have not a very good memory, have you?-A. Well, I tell you right straight, if somebody pay you $200.00 you would remember it better than for a cent or two. Q. 51. You have a good memory, have you?-A. It is just as I tell you. Q. 52. If it is $200.00 you have a good memory ?-A. Yes, sir; that is the way it goes. Q. 53. Did you not tell Jack Mosnat in the last few days in Belle Plaine that you voted for Frederick for Congressman ?-A. I cannot tell. Q. 54. State whether you did or not.-A. I cannot tell. Q. 55. Did you not tell Mosnat in Belle Plaine within the last few days that you voted the Democratic ticket? (Contestant objects to the question for the reason that it is immaterial and irrelevant.) Q. 56. Now, did you not tell Mosnat in the last few days in Belle Plaine that you voted the Democratic ticket?-A. No, sir; I did not say that. Q. 57. You did not do that?-A. No, sir. Q. 58. Did you ever vote the Republican ticket in your life?-A. Yes, sir; a good many times. Q. 59. Did you do it last fall?—A. Well, I cannot tell; may be I did. Q. 60. And may be you did not?-A. It will be the same thing as I say nowyou did not be there; I did not be there. Q. 61. State whether or not you did not tell him in Belle Plaine in the last four or five days that you voted the Democratic ticket at the last fall election.-A. I did not say so. Q. 63. You did not tell him so? ($1.75 paid as fee by contestee.) CHARLES GELLINEK recalled. Redirect: CHARLES GELLINEK. Q. 63. After you were subpoenaed in this case in Belle Plaine, Benton County, Iowa, you did not have a conversation with J. J. Mosnat, of the same place, in which conversation you stated to Mosnat that if I had told you I voted the Republican ticket instead of the Democratic ticket you would not have subpoenaed me, or words to that effect? (Contestant objects to the question as being irrelevant, immaterial, and leading.) A. I cannot tell. Now, look here right straight; he don't prove it to me; I don't . prove it to him; that is the way it be. Recross-examination : Q. 65. You mean whatever you said to Mosnat, you were not on oath and Mosnat was not on oath ?-A. No, sir; I don't recollect anything about it. I say that we did not prove it. |