Redirect (continued): Q. 66. You say you read over the names of the candidates on the tickets that you voted last fall?-A. Yes, sir; I did say so. What for do you ask me that question? Q. 67. (Omission here.-PRINTER.) time to-day, and my time for a whole day is $5. Q. 72. You wanted $5?—A. I would like to get pay for my time or I lose it. You talk for money, but I lose my time. Q. 73. Who did you want 85 from ?-A. If you were hired or get a job, I work for half and you work for double. Q. 74. Who did you want $5 from ?-A. I talked about it with Mosnat. Q. 75. He would not give it to you?-A. No, sir; I got a few cents, but did not pay anything for me to be away; $1.75 was all that was paid me. Q. 76. Are you out of humor and mad, too, because you did not get $5? (Contestant objects to the question as being immaterial and irrelevant.) A. I would like to say that if I had all such business as this is now, I would like to know how I could make a living. But as it is, you make money and I lose time. (Excused for the present.) STATE OF IOWA, Tama County, 88: MICHAEL CORCORAN, being produced and sworn before Amos Rogers, a notary public for Tama County, on this 14th day of April, A. D. 1883 (T. Brown appearing on the part of contestant, and W. H. Stivers appearing on the part of contestee), testifies as follows: Ques. 1. Where do you reside?-Ans. All over the country; I have no residence. Ques. 2. How long have you been so?-Aus. 3 years. Ques. 3. Where stopping now ?-Ans. Over in Iowa Co. Ques. 4. How long have you been stopping there?-Ans. Since after Christmas. Ques. 5. How long have you been stopping in Iowa Co. ?—Ans. Since after Christ mas. Ques. 6. Where were you stopping before that?-Ans. In Benton Co. Ques. 7. Whereabouts?-Ans. Out here east of Keystone. Ques, 8. How long have you been stopping there ?-Ans. Since last spring. Ques. 9. Where is Keystone?-Ans. Down on Milwaukee road, I guess, east of here. Ques. 10. Do you recollect what township it is in?-Ans. No, sir; I don't know what township. Ques. 11. How long have you been stopping at Keystone ?-Ans. I have been there in these two townships this last spring. Ques. 12. Do you have a place or any home?-Ans. I stopped at the man's house where I got work and my grub. I don't keep track of the townships. Ques. 13. How long have you been in America?-Ans. Since '47. Ques. 14. Where born?-Ans. In Ireland. Ques. 15. When did you come to Iowa ?-Ans. In '56. Ques. 16. Where did you go to then ?-Ans. I came into Davenport in '56. Ques. 17. Have you hired in Iowa ever since ?-Ans. I was 4 months out of the State. Ques. 18. In what county have you mostly hired?-Ans. In Scott Co. part of the time. Ques. 19. When did you hire in Scott Co. ?-Ans. In '58 or '59. Ques. 21. You voted at the last election?-Ans. Yes, sir; I did. Ques. 24. How far is that from this township you have been to work in?-Ans. I didn't measure it. Ques. 25. About how many miles is it?-Ans. You find it out; I didn't measure it. Ques. 26. I insist on an answer; 10 miles?-Ans. I cannot say. Ques. 27. 20 miles?-Ans. I don't know that it is. Ques. 28. 90 miles?-Ans. I don't know; you find it out. Ques. 29. You don't know whether it is 40 miles ?-Ans. I tell you I did not measure it. Ques. 30. Is it 40 miles?-Ans. I cannot say. Ques. 31. I want an answer.-Aus. I did not measure the distance; I traveled back and forth 20 times. Ques. 32. At that election did you vote the Democratic ticket?-Ans. Yes, sir; the first one voted was Democratic, also the last one. Ques. 33. Did you vote for Frederick for Congress?-Ans. Yes, sir; I did; I don't deny it, that is just the way to talk it. Ques. 34. That is a great deal better than to forget it?-Ans. Yes, sir; that is the way to do it. Ques. 35. No man should be ashamed to tell how he voted?-Ans. No, sir; I am not ashamed; no, sir; I didn't forget it; that is my policy, I voted it. Ques. 36. You are not ashamed of it?—Ans. No, sir; not a bit; this is the first ticket I voted. Ques. 37. Have you been naturalized in this country?-Ans. Yes, sir. Ques. 38. Where?-Ans. I got my first papers in York State, Ulster Co. Ques. 39. Second papers?-Ans. Second in Davenport. Ques. 40. Have you them with you?-Ans. No, sir; I don't carry them; if you want to find out, you may find out whether I am naturalized or not. Ques. 41. You were supposed to bring them?-Ans. Yes, sir; I don't care a damn; I never carried them to the polls. You can find out whether I am naturalized at Scott Co., Davenport. Cross-examination: Ques. 42. How long have you hired in the township; over six months where you voted?-Ans. I hired in the county over six months.. Ques. 43. You voted in the same township in which you worked, didn't you?—Ans. I have been in Belle Plaine long enough. Ques. 44. How long have you been in Belle Plaine -Ans. About two months before the election. Was not I, Mr. Mosnot? Didn't you see me around there? I was challenged at the polls, but I went through the day and voted. Redirect: Ques. 45. Who did you live with at Belle Plaine ?-Ans. With Mr. Hill. Ques. 46. What was his given name?-Ans. I paid for my grub there; I had breakfast there to-day. The Hill that keeps hotel. Ques. 47. Where did you sleep?-Ans. Part of the time at the Blossom House. There at the house; I have no regular house for staying when I pay my board. I can stay at any house when I pay my way. It don't make any difference to anybody. Ques. 48. Were you following any business there?-Ans. No, sir. Ques. 49. Have you any relatives in Belle Plaine?-Ans. No, sir; no relatives in the State of Iowa that I know of. Ques. 50. You lived in Iowa Co. formerly?-Ans. Yes, sir. Ques. 51. You used to live there?-Ans. Yes, sir; I used to. Ques. 52. When did you live there?-Ans. Year ago, last spring. Recross-examination: Ques. 53. You had no family in Iowa Co. ?—Ans. No, sir; no family but myself, and me alone. Ques. 54. Have you hired in Benton Co. ever since you hired in Iowa Co. ?—Ans. I go back and forth. I spent the summer, too, in Benton Co. I have no place of residence. I go from one place to another. Ques. 55. You hire where you stop?-Ans. Yes, sir; I hire where I stop. I got my meals to-day and my supper in Belle Plaine. Wilson may give me my dinner. Ques. 56. Where did you work during the summer-last summer?-Ans. Part of the time at Dorsey's, east of Keystone three-fourths of a mile. Ques. 57. You hired in Belle Plaine; what time did you go to Belle Plaine ?-Ans. I went to Belle Plaine-I cannot tell what time it was. Ques. 58. A month or two before the election?-Ans. Yes, sir; that long. Ques. 59. You had no other home except Belle Plaine at the time of the election?— Ans. No, sir. Mr. Wilson went to see John Keller whether I was entitled to vote. He found out that he thought I was. Ques. 60. Did you do some work at Belle Plaine ?-Ans. No, sir; I didn't do any work at Belle Plaine. I spent money. I didn't work any day. That is honest. Ques. 61. Was you challenged at the polls?-Ans. I was challenged at the polls. A man challenged me, and another man asked whether I was entitled to vote. I told them I was, and I voted. Frank Tremmal was the man that challenged me. Ques. 62. Mr. Houstin-didn't you know 'Squire Houstin? You were boarding there and had boarded there ?-Ans. Yes, sir. $2.25 paid as fee by contestee. STATE OF lowa, Tama County, 88: his MICHAEL × CORCORAN. mark. MICHAEL FOLEY, being produced and sworn before Eldon Moran, a notary public for Tama Co., on this 14th day of April, A. D. 1883 (T. Brown appearing on the part of contestant and W. H. Stivers appearing on the part of contestee), testified as follows: Ques. 1. Where do you live?-Ans. In York Township. Ques. 3. How long have you lived there?-Ans. About 17 or 18 years. Ques. 4. Where were you born, Mr. Foley?-Ans. In Ireland. Ques. 5. How long have you been in America ?-Ans. Loug enough to be a citizen long ago. Ques. 6. How long?-Ans. 35 years, I guess. Ques. 7. How old are you?-Ans. 52 or three, as far as I can recollect about that. Ques. 8. Were you ever naturalized?-Ans. Yes, sir. Ques. 9. Where?-Ans. In old Kentucky. Ques. 10. Whereabouts?-A. In Lynn, in the first place. Ques. 11. Where did you get your second papers?-Ans. Right in Harrisburg, I had to pay for them; here they are (produces them). These papers are old enough to have voted themselves. They were taken and filled out right in Harrisburg, Ken. I guess these papers are good. Ques. 12. Mercer circuit court, Ken. ?-Ans. I guess so, or I wouldn't have had to pay for them. When these are worn out I will get another, if I need it. $1.30 paid as fee by contestee. STATE OF IOWA, Tama County, 88: MICHAEL FOLEY. WILLIAM GEBERS, being produced and sworn before Amos Rodgers, notary public for Tama County, on this 14th day of April, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant and G. W. Burnham on the part of contestee): Q. 1. Where do you live?-A. I don't know the name of the township; two and a half miles east of Belle Plaine. Q. 2. Iowa Township, Benton County, is it not?-A. I can't tell the name of the township. Q. 3. Well, who are your neighbors ?-A. Frank Miller. Q. 4. How far does he live from you?-A. 40 rods north of me. Q. 5. Do you know which township you did live in ?-A. No, sir. Q. 6. Who are your township trustees?-A. I can't tell. Q. 7. Who is your township clerk?-A. I can't tell. Q. 8. Who was at the polls?-A. I don't know; well, I don't vote there. Q. 9. You don't vote in that township?-A. No, sir; I just lived there this spring, Q. 10. Where did you live the last of November, at the time of election ?—A. I lived in Kane Township, Benton County, Iowa. Q. 11. You voted there?-A. Yes, sir. Q. 12. Did you vote Democrat or Republican ticket?-A. Democrat ticket. Q. 13. Did you vote for Frederick for Congress?-A. I can't tell what the name was on it. Q. 14. It was a Democratic ticket?-A. Yes, sir. I didn't read it all; only saw that it was Democrat ticket on top. Q. 15. When did you come to America ?-A. In 1872. Q. 16. Where were you born?-A. In Germany. Q. 17. How old were you when you came here ?-A. About 17 years old, I should think. Q. 18. Have you got your citizen's papers?-A. Yes, sir. Q. 19. Got them with you?—A. No, sir. Q. 20. Why didn't you bring them with you?-A. I didn't know it was wanted. Q. 21. Were you not subpoenaed to bring them with you ?-A. I did not know. Q. 22. Why didn't you bring the papers with you?-A. I didn't know that I had to bring them along. Q. 23. Have you made application for second papers in the courts in this State!A. I don't know; I have but one. Q. 24. Did you make application for second papers in the courts in this State; answer that question?-A. I can't answer. Q. 25. Did you make application in Toledo before Judge Shane to be naturalized and get citizen's papers ?-A. No, sir; I got my papers. Q. 26. Did not you make application to Judge Shane in Toledo for second naturalization papers?-A. No, sir; not in Toledo. Q. 27. Didn't you make application, and did not you have a proper witness to prove!— A. No, sir; I have my papers now. Q. 28. I did not ask you that; did not you make application to Judge Shane, and ask for citizen's papers in court in Toledo?-A. No, sir. Q. 29. Didn't you at Vinton?-A. Yes, sir; I did once. Q. 30. When was that?-A. I guess 3 years ago. Q. 31. Before what judge?-A. I cannot tell. Q. 32. Didn't you know Judge Shane ?-A. No, sir. Q. 33. You did not know him?-A. No, sir. Q. 34. It was in court there?-A. Yes, sir. Q. 35. Did you get them ?-A. No, sir. Q. 36. Why?-A. I don't know; I had my nose scratched up. Q. 37. You had been in a fight and the court would not grant you papers; was that it?-A. Yes, sir. Q. 38. That was 3 years ago?-A. Yes, sir; I got my papers since that. Q. 39. Where did you get them ?-A. In Marion, last fall; in Linn County. Q. 40. What time last fall?-A. A little before election; I can't tell how long before election it was. Q. 41. You got them last fall in Linn County ?-A. Yes, sir. Q. 42. In court?-A. Yes, sir. Q. 43. Who was your witness ?-A. Jack Baxter, for one. Q. 44. If you had brought papers along you could have shown them to us --A. I did not know I needed them, or else I would have brought them. $1.95 paid as fee by contestee. WILLIAM GEBER. EXHIBIT A.-Attached to testimony of Martin Kupta. UNITED STATES OF AMERICA, State of Iowa, Tama County, 88: To Benjamin T. Frederick, or Brown & Carney, his attorneys: You are hereby notified, that at Toledo, Tama Co., at Stivers & Lanthan's office, and before Eldon Moran, a commissioner appointed, in the fifth Coug. district and State of Iowa, on the 28th day of April, A. D. 1883, at 10 o'clock a. m., the contestee, James Wilson, will take the testimony of the following-named witnesses, to wit: S. G. Leland, of Toledo Township, with records of clerk's office, John Husaker, Carroll; John Vorba, of Perry; Frank Pruyek, James Hurat, Matt Kupka, Joseph Kupka, Michael Kupka, Otter Creek; Pat Hamvil, of Otter Creek; Martin Herrek, John O'Connor, jr., Frances Weaver and John Weaver, of Otter Creek; Joseph Nomak, Uriel Nomak, James Nomak, Charles Uromath, Salt Creek; Joseph Uesbla, and Wm. Ewalt, of Carlton, Andrew Jackson, of Tama, and all of Tama County, Iowa, whose testimony, when so taken, and at the proper time, will be read in evidence before the House of Representatives of the United States, in the contest made by you for the office as Representative in Congress from the fifth Congressional district of Iowa. Dated at Cedar Rapids this 26 day of April, A. D. 1883. STATE OF IOWA, Tama County, 88: JAMES WILSON, Contestee. Deposition of witnesses produced before me, Eldon Moran, a notary public and commissioner agreed upon to take testimony, and duly sworn by O. H. Mills, a notary public of Tama County, on this 28th day of April, 1883, at Toledo, 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 attorneys for contestant, and W. H. Stivers for contestee. The following testimony was taken before me: STATE OF IOWA, Tama County, 88: FRANK WEAVER, being produced and sworn before S. C. Leland, testifies as follows on the 28th day of Apr., 1883 (William H. Stivers appearing on the part of the coutestee, and T. Brown appearing on the part of contestant): Ques. 1. Have you got your papers?-Ans. Yes, sir. Ques. 2. Let me see them. (Contestant objects to this witness's testimony because no name or the residence of the witness is given.) Ques. 3. You say your name is what?-Ans. I always put it Frank. Ques. 4. Were you naturalized in the name of Frank Weaver?-Ans. I don't know. Ques. 5. You do not know what you signed it then?-Ans. I believe all the name is Frank. Ques. 6. Don't they call you Francis as well as Frank?-Ans. I don't see any difference. Ques. 7. Where do you live?-Ans. York Township. Ques. 8. What county?-Ans. Tama. Ques. 9. What State ?-Ans. Iowa. Ques. 9. How long have you lived here ?-Ans. 26 years. Ques. 10. How old are you?-Ans. 45. Ques. 11. Did you ever make any deed of land?-Ans. I expect I did. Ques. 12. To whom?-Ans. To Mr. Kotoske. Ques. 13. Did you make it out in the name of Francis or Frank?-Ans. Frank. Ques. 14. Did you say that they sometimes called you Francis?-Ans. Nobody but Hayes and Thompson. Ques. 15. Who are they?-Ans. They live there. Ques. 16. How long have they known you?-Ans. Ever since I have been a little boy. Ques. 17. Who else called you Francis?-Ans. I don't remember. Ques. 18. They called you Francis as much as Frank?-Ans. Yes, sir. Ques. 19. Did you vote at the last election held in your township in which Wilson and Frederick were candidates for Congress ?—Ans. I don't know whether you should know that. Ques. 20. Did you vote at that election?-Ans. Yes, sir. Ques. 21. Did you vote for Congressman ?-Ans. Of course I did. Ques. 22. Where were you born?-Ans. In Austria. Ques. 23. What township did you vote in ?—Ans. York Township, Tama County. Ques. 24. That was the last fall election ?-Ans. Yes, sir. Ques. 25. How old were you when you came to this country?-Ans. About 18 years old. Ques. 26. These are your naturalization papers?-Ans. Yes, sir. Ques. 27. All you ever had ?-Ans. All I ever had. STATE OF IOWA, Tama County: CERTIFICATE OF NATURALIZATION. In the county court of said county, I, T. A. Graham, judge of the said court, do hereby certify that on the eighth day of October, 1866, F. Weaver, a native of Austria, was duly qualified to citizenship of the United States of America, and is therefore entitled to right and rights and privileges of a naturalized citizen. In testimony whereof I have hereunto affixed my hand and seal at my office, in the town of Toledo, in said county, this eighth day of October, 1866. T. A. GRAHAM, Judge of the County Court. Witnessed by the seal of Tama County. Introduced on the book file for record this 6th day of July, 1872, and recorded in the naturalization record, on page one and a half. L. B. BLIM, Clerk of the Circuit Court of Tama County, Iowa. Ques. 28. Who did you vote for at that election; for Frederick or Wilson ?—A Well, I think it is no use to say. Ques. 29. State who you voted for-for Frederick or Wilson? (Frederick tells the witness is not obliged to answer unless he has a mind to.) Ans. I did not know the name; I voted a Democratic ticket; Frederick is a Demo crat. Ques. 30. Yes, sir; did you vote for him?-Ans. I voted a Democratic ticket for Frederick. Cross-examination: Ques. 31. Did you read your ticket before you voted? Ans. I read the top of it. (We will not cross examine this witness because no notice is given nor the residence.) (Paid as fee $1.75 by contestee.) STATE OF IOWA, Tama County, 88: FRANK WEAVER. MARTIN HERRICK being produced and sworn before O. H. Mills, a notary public for Tama Co., on this 28th day of April, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, W. H. Stivers on the part of contestee): (Objection to the testimony of the witness, for the reason that false residence is given.) Ques. 1. Where do you live?-Ans. In Tama Co. |