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Ques. 3. Where did you live last fall?-Ans. Same place.
Ques. 4. Were you at the Nov. election, '82?—Ans. Yes, sir.
Ques. 5. Did you vote over in that township?-Ans. Yes, sir.
Ques. 6. Where were you born?-Aus. In Austria.

Q. 7. How long have you been in America ?-A. 17 years.

Q. 8. How old are you now?—A. 37.

Q. 9. Have you been naturalized?-A. No, sir.

Q. 10. What ticket did you vote, Democratic or Republican-A. I cannot tell; I got three tickets; may be I voted the Democratic or Republican ticket, I don't know which; of course I never read them.

sir.

Q. 11. Who did you get your ticket from ?-A. I got it from Scott.

Q. 12. From whom did you get the one you voted-can you read English ?-A. No,

Q. 13. With whom did you go to the election?-A. I went with myself.

Q. 13a. From whom did you get the ticket you voted?-A. Scott gave me one, and Rogers gave me one, and Joe Kent gave me one.

Q. 14. Did you say you wanted a Democratic ticket ?-A. Well, I told him

Q. 15. What did you tell him? -A. I told him I wanted a Democratic ticket.

Q. 16. What did you want a Democratic ticket for?-A. I cannot read.

Q. 17. What did you tell them a Democratic ticket for?-A. Because all the Bohemians voted that.

Q. 18. So you told them you wanted a Democratic ticket?-A. Yes, sir.

Q. 19. Who handed you the Democratic ticket?-A. Krutcher gave it to me.

Q. 20. Did you tell them for whom you wanted to vote?-A. Yes, sir.

Q. 21. Before they gave you one?—A. Yes, sir.

Q. 22. Did you vote it?-A. I don't know.

Q. 23. Did you ever vote a ticket you did not want to?-A. No, sir.

Q. 24. Can you not tell for whom you voted?-A. I cannot tell that; I pulled one out of my pocket.

Q. 25. You say you don't know whether you voted the Democratic ticket or not?— A. I don't know which one is right.

Q. 26. You say you don't know whether you voted the Democratic or Republican ticket?-A. I don't know; I never read it.

Q. 27. You mean all of the Democratic ticket?-A. Yes, sir.

Q. 28. You wanted to vote the Democratic ticket ?-A. Yes, sir.

Q. 29. Did you mean to vote the Democratic ticket?-A. Yes, sir.

Q. 30. When did you first know about it; to-day ?—A. No, sir.

Q. 31. When did you first know about it; somebody been talking to you ?-A. Yes, sir.

Q. 32. Did they ask you how you voted?-A. Yes, sir; but I said I did not know which was the best.

Q. 33. I mean since you first knew of it, has somebody been talking to you ?—A. Yes, sir.

Q. 34. Did you tell any one you voted the Democratic ticket?-A. That is what I heard; I don't know what I voted.

Q. 35. Did you always tell them you voted the Democratic ticket?

(Brown says "Probably he don't know how he voted.")

Q. 36. Now, was it Mr. Herrick who first talked to you since the election ?—A. I think it was Mr. Scott.

Q. 37. Since the election ?-A. Yes, sir.

Q. 38. Did you not tell Scott that you voted the Democratic ticket?—A. No; I said

Q. 38a. Did you talk to anybody about it ?-A. I voted the Democratic ticket.

Q. 39. Did you talk to anybody to-day about how you voted, before you came on the stand?-A. No, sir.

Q. 40. Do all the Bohemians vote the Democratic ticket ?-A. Almost all.

Q. 41. You think you did?-A. Yes, sir.

Q. 42. You do know how you voted?-A. Of course.

Q. 43. Don't you vote the Democratic ticket, usually ?-A. I don't know for sure. Q. 44. Do you think you voted the Democratic ticket last fall?-A. My notion is, I did: I don't know whether I did or not.

Cross-examination:

Q. 45. Did your parents come here with you; was your father a voter here?—A· Yes, sir.

Q. 46. He is a naturalized citizen?-A. Yes, sir.

Q. 47. How old were you then; about 16 or 17 years old?-A. Yes, sir.

Q. 48. Your father has been a voter since he came here -A. Yes, sir.

Q. 49. You lived with your father after you came here ?-A. Yes, sir; three years. H. Mis. 22--25

Q. 50. You say you got a Republican and Democratic ticket at the election?—A. Yes, sir.

Q. 51. You voted one of them, but you cannot state which one?-A. I don't know; I cannot tell.

Q. 52. Only you state you voted the Democratic ticket, because you were inclined to vote that; but you cannot tell whether you did or not?-A. No, sir.

Q. 53. Well, how do you know your father was naturalized?-A. He told me.

Q. 54. Where?-A. In this county.

Q. 55. He told you he was naturalized in this county?-A. Yes, sir.

Q. 56. When did he tell you that?-A. Before he got his first naturalization papers.

Q. 57. He told you he was going to be naturalized?-A. Yes, sir.

Q. 58. That is all you know about it?-A. Yes, sir.

Q. 59. What is your father's first name?-A. John Herak.

($2 paid as fee by contestee.)

STATE OF IOWA,

Tama County, 88:

MARTIN HERAK.

MICHAEL KUPKA, being produced and sworn before S. C. Leland, on this 28th day of April, 1883, W. H. Stivers appearing on the part of the contestee, and T. Brown on the part of contestant, testifies as follows:

Ques. 1. Where do you live?-Ans. In York Township.

(Contestant objects to the testimony of this witness because the testimony is falsely given.)

Ques. 2. I will ask you if you voted at the election held in York Township in which Frederick and Wilson were candidates for Congress?-Ans. I was not there.

Ques. 3. Ask him if he has any boys?-Ans. Got two; Sam and Peter.
Ques. 4. Where do they live?-Ans. Right by the side of him.

Ques. 5. What township did they live in last fall at the time of the election -Ans. They lived at the same place.

Ques. 6. Ask him how old they are now ?-Ans. I don't recollect.

(The witness refers to some papers.)

Ques. 7. Where were Sam and Peter born?-Ans. In Austria.

Ques. 8. Ask him when they came to America?-Ans. 1856.

Ques. 9. Ask him whether he knows whether they went to the election or not?— Ans. Don't know.

Ques. 10. Ask him whether he was ever naturalized or not?-Ans. Yes, sir.

Ques. 11. Ask him if these are the only papers of naturalization he ever got ?—Ans. No, sir.

Ques. 12. Ask him where are the other papers?-Ans. These are the only papers I ever got.

STATE OF IOWA,

Tama County, 88:

(Copy of the papers.)

CERTIFICATE OF NATURALIZATION.

In the county court of said county.

I, F. A. Graham, judge of the said court, do hereby certify that on the 8th day of Oct., 1866, Michael Kupkaa, native of Austria, is duly made a citizen of the United States of America, and is thereby entitled to all the rights and privileges as a citizen. Thereby I have set my hand and seal this 6th day of October, 1866.

(Witnessed by the seal of Tama County.)

(Signed :)

Has an interpreter.

Paid $2.25 as fee by contestee.

F. A. GRAHAM, Judge of the County Court.

his

MICHAEL X KUPKA. mark.

(Certificate of the clerk objected to by Brown as immaterial.)

STATE OF IOWA,

A-(Attached to testimony of Michael Krupka.)

Tama County, 88:

I, S. C. Leland, clerk of the district and circuit courts of the State of Iowa, in and or Tama County, the same being courts of record, do hereby certify that I have care-ully examined the records of said courts and that I am unable to find any record howing that Martin Cibula, of Otter Creek Township, in said county and State, was ver naturalized in either of said courts.

Witness my hand and the seals of said courts hereto affixed at Toledo, in the county of Tama, and State of Iowa, this 28th day of April, A. D. 1883.

[SEAL. ] [SEAL.]

S. C. LELAND,
Clerk of said courts.

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I, Eldon Moran, a notary public for Johnson County, 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 February 22d, 1883, do truly certify that on the 28th day of April, 1883, in pursuance of the notice hereunto annexed, I took the depositions of the following witnesses: Frank Weaver, Martin Herak, Michael Kupka, 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—Benj. T. Frederick, contestant, and James Wilson, contestee-by their respective attorneys, and the question 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 and 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 hereunto, notarially, this 28th day
of April, 1883.
[SEAL.]

ELDON MORAN,
Notary Public for Johnson County, Iowa, and
Commissioner agreed upon to take testimony.

[State University of Iowa, School of Short-Hand, and Reporters' Bureau. Instruction in Stenography
and Type-Writing. Lessons by Mail a Specialty. Type-Writer Copying Done to Order. Speeches,
Law Suits, Conventions, etc., Reported. Skilled Short-Hand Writers Furnished. Type-Writer and
General Stenographic Supply Agency.]
IOWA CITY, Iowa, July 9th, 1883.

STATE OF IOWA,

Johnson County, 88:

It is hereby stipulated and agreed that where there is no objection to the testimony made for total want of notice, or want of notice to any witness, that it shall be presumed that due notice was given, and it is hereby stipulated that such notice was given. This is agreed to by and between Benjamin T. Frederic, contestant, and James Wilson, contestee.

BENJAMIN T. FREDERICK, Per T. BROWN, his Attorney. JAMES WILSON.

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Deposition of witnesses produced before me, Eldon Moran, a notary public and commissioner, agreed upon to take testimony, and duly sworn by Eldon Moran, a notary public for Johnson County, on this 4th, 5th, and 6th day of April, 1883, at Iowa 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 and Carney, attorneys for contestant, and Remley and J. W. Cone for contestee.

The following testimony was taken before me:

STATE OF IOWA,

Johnson County, 88:

PLEASANT HARRIS, being produced and sworn before Eldon Moran, notary public for Johnson County, on this 4th day of April, 1883, and examined before me, testifies

as follows (T. Brown appearing on the part of contestant, and Cone and Remley on the part of contestee):

Q. 1. You may state your name, age, and occupation.-A. Pleasant Harris.

Q. 2. Where do you reside?-A. Union Township; age is 37.

Q. 3. What occupation?-A. Farmer.

Q. 4. State where you are stopping at the present time.-A. On the county farm. Q. 5. What do you mean by the county farm?-A. I mean the poor farm.

Q. 6. State how long you have been there.-A. About 5 years, on the 30th of December, 1877.

Q. 7. How, and by whom, were you sent to the poor farm-by whose authority ?—A. The trustees of this township, Iowa City.

Q. 8. Where did you reside before you were sent to the poor farm?-A. I resided in Grundy County.

Q. 9. What township from this county were you sent to the poor farm?—A: Sent from this town-Iowa City-here.

Q. 10. Have you been in the poor-house continually since you were sent there?—A. Yes, sir-that is-well, I have been away as much as 4 or 5 days, or a week, at a time. My residence, of course, has been there ever since.

Q. 11. Did you vote at the election held in Union Township on the 7th of November, 18827-A. Yes, sir.

Q. 12. For Representative in Congress?-A. Yes, sir.

Q. 13. For whom did yon vote for Representative in Congress?—I voted the Democratic ticket.

Q. 14. Was there the name of B. T. Frederick printed at the head of that ticket for Representative in Congress, 5th district?-A. I believe it was, sir.

Q. 15. With whom did you go to the polls?-A. The overseer-another gentleman here now; also, two more that are not here now.

Q. 16. Who is the overseer?-A. William Mullin.

Cross-examination:

Q. 17. You say that you reside in Grundy County ?-A. I was working there before my coming to this county.

Q. 18. How long had you been in this county after you left Grundy before you went to the poor farm?-A. I think I had been in this county about three days.

Q. 19. You never stayed any length of time in Iowa City-only three days?-A. Not exactly in town; I resided around about the town. I was at work at the time I left Grundy County. I was sick in that county. I had to come back to my own county.

Q. 20. You have been at the poor farm 5 years?-A. Yes, sir.

Q. 21. You voted in the township where the poor farm is, did you?-A. Yes, sir. Q. 22. How long had you been in Grundy County?-A. Well, in and out of the county, possibly 3 or 4 months.

$1.25 paid as fee by contestee.

STATE OF IOWA,

Johnson County, 88:

PLEASANT HARRIS.

PHILLIP ZIMMERMAN, being produced and sworn before Eldon Moran, notary public for Johnson County, on this 14th day of April, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and Cone and Remley on the part of contestee):

Q. 1. State your name, age, and occupation.-A. Age, 54.

Q. 2. Place of residence ?-A. Out there in the poor-house.

Q. 3. How long have you resided on the poor-farm-A. Pretty near a year.

Q. 4. How, and by whom, were you sent to the poor-farm?-A. By the trustees of this township.

Q. 5. Where had you resided prior to being sent to the poor-farm? lived before you had been sent to the poor-farm?-A. In Iowa City. Q. 6. How long did you reside in Iowa City?-A. About 27 years.

Where had you

Q. 7. Did you vote at the election held in Union township on the 7th of November, 1882, for the office of Representative in Congress, for the 5th District of Iowa ?—A. Yes, sir.

Q. 8. What ticket did you vote?-A. I always vote the Democratic ticket.

Q. 9. Did you vote for B. T. Frederick for Representative in Congress, 5th District, at that election?-A. I voted the Democratic ticket.

Q. 10. Do you know whether it was the straight Democratic ticket or not? (Contestant objects on the ground that the question is leading.)

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Q. 13. Do you know any of the names of parties you voted for?-A. Yes, sir.
Q. 14. Was Mr. James Wilson's one of the names?-A. I guess his name was on it.
Q. 15. You say his name was on it?

(Objection.)

Q. 16. Whose name was on it?-A. Wilson's name was not on the ticket that I voted. What did you say?

Q. 17. Was Mr. Cone's name on the ticket?-A. Plenty of names; I can't recollect them now.

Q. 18. You do not know whether Wilson's name or Frederick's was on it or not, you?—A. I am not sure now; I do not recollect that; I don't remember it.

do

Q. 19. Who gave you the ticket?-A. I got the ticket out there in the school-house. Q. 20. You do not know whether Mr. Frederick's name or Mr. Wilson's was on the ticket, do you? Which do you think that it was?-A. It was the straight. The ticket was the straight Democratic ticket.

Q.21. How do you know that?-A. I wrote it.

Q. 22. You wrote the ticket; you remember of writing Mr. Wilson's name on it?— A. I do not remember that now.

Q. 23. Do you remember of writing Mr. Frederick's name, or was Mr. Frederick's name on -A. I cannot remember whose name headed; I saw the ticket and voted it right straight.

0. 24. You have lived there one year?-A. Yes, sir.

Q. 25. Have you any family?-A. No, sir.

Q. 26. You are a single man, are you?-A. I got a woman in Iowa City before that. Q. 27. Do you say she is dead?-A. I don't know whether she is dead-the womanI can't say.

Q. 28. You have not kept house for a while?-A. Yes, sir; I kept house so long as I was in Iowa City.

Q. 29. How long have you kept house?-A. About 8 years back; about 8 years ago I quit keeping house.

Q.30. About 8 years ago you quit keeping house; have not kept house since?-A. No, sir.

Q. 31. You have been in the poor-house pretty near a year?-A. Yes, sir; I come out in April.

Q. 32. You make it your home there ?-A. Yes, sir; I have to make it my home there. Q. 33. You live there and have everything done for yon that you need done; you work there -A. Yes, sir.

Q.34. You can't remember whose name was on the ticket, or any of the men you voted for?-A. Some names that were on it I know; I can't remember everything

about that.

Q. 35. Well now whose names can you remember that were on your ticket ?—A. Some names that were on it I know.

Q.36. Just name some of them.-A. Most of them I remember in this county.

Q. 37. You do not remember who was on for State offices?-A. I can't well remember now.

Q. 38. You remember whom you voted for for secretary of state?—A. I do not remember anything about that.

Q.39. Do you remember whether Mr. Hill's name was on for secretary of state?— A. I do not know whether his name was on or not; I give it up.

Q. 40. You do not remember whose name was on for any of the supreme court judges, do you?-A. I don't remember any of them.

Q.41. Did you read those names yourself, and was it a printed ticket?-A. I say it was a printed ticket.

Q.42. You didn't vote anything more than a written ticket, did you?-A. Only voted as it was on the ticket.

Q.43. You mean township ticket ?--A. Yes, sir.

Q.44. You did not vote the State ticket all, did you?-A. I voted the ticket what was in the poll there.

Q. 45. Written out?-A. Yes, sir.

Q. 46. And the names on your ticket were written? Were not all the names you voted written?-A. No, sir, I guess not; I think it was in printing, I don't know. Q. 47. You do not know whether in printing or not; do you say you do not know whether in printing or not? Do you know whether any printed names on the ticket?-A. Yes, sir; there were printed names on the ticket.

Q. 48. How do you know whose name was printed on the ticket for Congressinan,

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