whether Mr. Wilson's name was on it or Mr. Frederick's name?-A. I guess it was Frederick's name, I can't recollect any more. Q. 49. Do you know that to be a fact, or not?-A. I guess so. Q. 51. You can't remember whose name was on for sure?-A. For sure, I can't remember. Redirect: Q. 52. Who took you to the polls?-A. The boss there of the poor-farm, Mr. Mullin. Q. 53. What is his politics?-A. I don't know what his is; I can't give it. Q. 54. Did he give you a ticket during the election?-A. Yes, sir; there was plenty of other men out there that I know. Q. 55. You say you are a Democrat?-A. I always was a Democrat; I voted the Democratic ticket ever since I voted. Q. 56. You say yon vote a straight Democrat ticket?—Yes, sir; this time I did. Recross-examination: Q. 57. Do you know whether straight ticket or whether some names were written on that day that were Republican, or all Democratic?—A. I voted the ticket for the township; also State officers; also for the county officers. Q. 58. You do not remember all the State officers-A. No, sir; I do not remember all. ($1.25 paid as fee by contestee.) STATE OF IOWA, Johnson County, 88: PHILIP ZIMMERMAN. JOSEPH BARTORAKA, 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): (Mr. James Havleck, sworn interpreter.) Q. 1. State your name, age, place of residence, and occupation.-A. 70 years old. Q. 2. His residence ?-A. A poor-house. Q. 3. Occupation?-A. At work at the poor-house. Q. 4. What township is the poor-house in ?-A. Can't tell. 5. Is it a county poor-house, and is it for Johnson County ?-A. Yes, sir; for the county. Q. 6. How long have you been at the poor-house?-A. 7 years. Q. 7. Ask him where he resided before he went to the county poor-house.-A. Iowa City. Q. 8. Ask the witness who sent him to the county poor-house.-A. Trustees sent him there. Q. 9. From what township did they send you up there?-A. Iowa City Township. Q. 10. Ask him if he voted at the election held in Union Township, Johnson County, Iowa, at the election held on the 7th of November, 1882, for Representative in Congress? A. Yes, sir; I did. Q. 11. Ask him what ticket he voted.-A. I can't tell. Q. 12. Ask him who took him to the polls.-A. John Mullen, the fellow that keeps the poor-house. John took them up in the wagon. Q. 13. Ask him who gave him the which he voted.-A. He can't tell who it was that gave him the ticket, but it was by the school-house. Q. 14. Ask him if Mr. Mullin stood by him when he voted.-A. He can't say whether he was present when he put in his ticket. Q. 15. Ask him what party witness belongs to ?-A. Democratic. Q. 16. Ask him if he voted that ticket last election?—A. He says he don't remember what ticket was given him. Q. 17. Ask him if he does not generally vote that ticket when he goes to the election?-A. He says he does the majority of the times. Q. 18. Ask him who besides Mr. Mullin were present when he voted?-A. He does not know; he can't remember any of them. Q. 19. Ask him if he voted before or after Mr. Mullin ?-A. He says he can't tell. Q. 20. Ask him if he did not vote at the same time that Mr. Mullin did?-A. He says that he can't remember. Q. 21. Ask him if he came home with Mr. Mullin?-A. Yes, sir. Q. 22. Ask him how long he was at the polls?-A. He says he staid by the polls 15 minutes or half an hour; a few minutes. Q. 23. Ask him if he had any other tickets in his hands but the one that he voted ?— A. He had not. Q. 24. Ask him if he did not understand that he was voting the Democratic ticket! (Contestant objects for the reason that it is calling for the understanding of the witness and not for a fact; that fellow that gave him the ticket told him that it was a Democratic ticket.) Q. 25. Ask him if he voted the ticket this fellow gave him?-A. Yes, sir; he did. Q. 26. Ask him if there were any scratches or marks on the ticket other than the printed matter on them?-A. He said that he could not tell. Q. 27. Ask him if he knows whether the name of B. T. Frederick was on the ticket that he voted?-A. He could not tell. Q. 28. Do you know any of the names of the persons you voted for?-A. He could not give them. Q. 29. Do you know that James Wilson's name was not on the ticket?-A. He could not tell. Direct: Q. 30. Ask him if he remembers the names of any persons on that ticket?—A. He could not. Recross-examination: Q. 31. Have you got any family?-A. Yes, sir; he has. Q. 32. Where is your family?-A. Baltimore. Q. 33. How long have you been away from your family?-A. About 15 years. Q. 34. Ask him how long he has resided in Iowa?-A. 15 years. Q. 35. Ask him if he has citizen's naturalization papers?-Yes, sir; he says he has. Q. 36. Ask him if he has them with him?-A. He has not got them with him. Q. 37 Ask him where he was naturalized when he got the second papers?—A. Iowa City. Q. 38. Ask him how many papers he got ?—A. Two. Q. 39. Ask him where he got a second paper.-A. He can't remember. Recross-examination : Q. 40. Have you got any home except where you live now ?—A. No sir; he has no other home than what he has now. ($1.25 paid as fee by contestee.) his (JOSEPH + BARTOCHKA.) mark. STATE OF IOWA, Johnson County, 88: JOSEPH ZEOZOLEY, 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 & Remley on the part of contestee): (James Hooleck, interpreter.) Q. 1. Ask this witness his name, age, residence, and occupation.-A. 56. Q. 2. Ask him where he resides.-A. Poor-house. Q. 3. Poor-house, what county -A. Johnson County. Q. 4. Ask him how long he has been there.-A. One year. Q. 5. Where did he reside before he was sent there?-A. Up by Shueyville. Q. 6. What township is Shueyville in ?-A. Can't tell. Q. 7. What county is Shueyville in ?—A. Johnson County. Q.8. Ask him if Shueyville is in the same township that the poor-farm is in.-A. No. sir. Q.9. Ask him what township the poor-farm is in.-A. He can't tell. Q. 10. Ask him if he voted at the election held in Union Township, or in the same township in which the poor-house is situated, on the election held on the 7th of November, 1882, for Representative in Congres.-A. Yes, sir; he did. Q. 11. Ask him what ticket he voted.-A. Democratic. Q. 12. Ask him if the name of B. T. Frederick, for Representative in Congress, 5th district of Iowa, was printed on that ticket.-A. He can't tell. Q. 13. Ask him if any names on that ticket were marked or scratched off.-A. He can't tell. Q. 14. Ask him if it was the straight Democratic ticket.-A. He can't tell; he thought that it was the straight ticket; that a Democrat gave it to him. Q. 15. Who gave it to him -A. He can't tell. 2. 16. Who took him to the polls to vote?-A. Mr. Mullin. Q. 17. Ask him who Mr. Mullin is.-A. The man who keeps the poor-house farm. Q. 18. Ask him whether he knows whether any names were scratched off that ticket, or not.-A. He can't tell. Q. 19. Ask him where he was born.-A. He was born in Europe. Ask him if he has taken out his first papers.-A. He did. Q. 22. Ask him where.-A. In Marion. Q. 23. Ask him if he has got his second papers with him.-A. No, sir. Q. 24. Ask him when he got his second papers.-A. About 20 years ago. Cross-examination: Q. 25. Have you any other place of residence except the poor-farm ?-A. That is the only residence he has. ($1.25 paid as fee by contestee.) STATE OF IOWA, Johnson County, 88: JOSEPH ZEOZOLEY. MATHIAS KRATZ, being produced and sworn before Eldon Moran, a notary public for Johnson Co., on this 4th day of April, A. D. 1883 (T. Brown appearing on the part of contestant, and J. W. Cone and Milton Remley appearing on the part of contestee), testifies as follows: Ques. 1. State your name, age, place of residence, and occupation.-Ans. My age, is 52 years; I work in the cemetery; and I live in the 3d ward of Iowa City. Ques. 2. Where were you born?-Ans. In the old country. Ques. 3. What country?-Ans. In Bohemia. Ques. 4. When did you come to the U. S. ?-Ans. I came to Iowa City in 1857, on the 10th day of July. Ques. 5. When and where were you naturalized?-Ans. I cannot tell. Ques. 6. Take this paper and state to the commissioner whether it is a copy of your naturalization or not. (Contestant objects to the question, for the reason that the certificate is the best evidence.) The question is whether that is the certificate of naturalization that you received when you were naturalized?—A. I think it was in 1863. Ques. 7. Well, the question is, is that the paper you got from the court when you were naturalized?-Ans. Yes, sir; I did not understand the question. That is it. Ques. 8. I will ask you whether you voted at the election held in Iowa City Township, Johnson Co., Iowa, on the 7th of Nov., in 1882, at which election the votes were cast for the office of Representative in Congress, fifth dist. of Iowa ?-Ans. I voted, but I cannot tell what I voted. Ques. 9. I have not asked you that: What are your politics? What party do you belong to?-Ans. It don't make any difference which party. Ques. 10. Yes, sir; it does. What party do you belong to ?-Ans. If I see a good man who is a Democrat, I vote the Democratic ticket; if I see a good man who is a Republican, I vote the Republican ticket. That is the kind of party mine is. Ques. 11. You may state what ticket you voted on the 7th of November at the election held in Iowa City?-Ans. Well, Mr. Cone, I think that is my business what kind of ticket I voted. Ques. 12. Well, it is public business just now. BROWN. Witness has a right to state what he pleases in regard to it. Ques. 13. Now, was the name of Benjamin T. Frederick on the ticket; were there any scratches on that ticket?-Ans. No, sir, I put in the straight ticket. Ques. 14. I would ask you if the name of Benjamin T. Frederick appeared on that ticket as a candidate for Congress, the ticket you voted, the straight Democratic ticket? A. Yes, sir, of course; he being a Democrat of course he would be on that ticket. Contestee now offers in evidence a certificate of naturalization given to Mathias Kratz, by George W. McCleary, county judge of Johnson County, Iowa, on the 3d day of Oct., 1883. (Objection to the paper for the reason that you can only have a copy of it.) Copy offered in evidence. (Objection to the same being introduced given in the answer of this witness, being an illegal witness, because no notice is given in the answer that no illegal voters voted in the North precinct of Iowa City, because the answer does not set forth the names of the illegal voters, if any there were. Also because it is incompetent, irrelevant to the issues made. The notice in this case does not set forth the illegal voters in the North precinct of Iowa City.) Copy read in evidence. CERTIFICATE OF NATURALIZATION. UNITED STATES OF AMERICA, State of Iowa, Johnson Co., 88: Be it remembered, that at a term of the county court holden in and for said county, State of Iowa, on the 3d day of Oct., in the year of our Lord 1863, was present the Hon. Geo. W. McCleary, sole presiding judge and ex-officio clerk of said court, when the following, among other proceedings, were had, to wit: Mathias Kratz, a native of Bohemia, at present residing within said State, appeared in open court and made application to be admitted to become a citizen of the U. S.; and it appearing to the satisfaction of the court that he had declared on oath before the clerk of Johnson Co., Iowa dist. court, a court of record having common-law jurisdiction and using a seal, 2 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 Francis Joseph, Emperor of Austria, of whom he was heretofore a subject; and said applicant ha ing declared on oath before this court that he will support the Constitution of the U. S., and he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty whatsoever, particularly to Francis Joseph, Emperor of Austria, of whom he was a subject. The court being satisfied by the testimony of Frank Huber the said applicant had resided in the U. S. for the 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 the State one year at least; and it further appearing to the satisfaction of this court that during this said time he has behaved as a man of good moral character, attached to the principles of the Constitution of the U. S. and well 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 the proceedings aforesaid entered of record, which was accordingly done by the clerk of this court. In witness whereof I, Geo. W. McCleary, county judge and ex-officio clerk of said court, have hereunto set my hand and fixed the seal of the said court, at my office in Iowa City, in said Co., this 3d day of October, A. D. 1883. [A 5-cent revenue-stamp attached.] [Seal of Johnson Co., Iowa.] Cross-examination: GEO. W. MCCLEARY. Ques. 15. What is your age? How old were you when you came to this country?Ans. Well, I was born in 1829; I came to Iowa City in 1857, on the 10th day of July. Ques. 16. Did you know all the names of the parties you voted for last Nov. election?-Ans. No, sir. Ques. 17. Do you swear you knew that Frederick's name was on the ticket?-Ans. Yes, sir. Ques. 18. You say it was, do you?-Ans. Yes, sir. Ques. 19. You have voted a number of years, haven't you? (Contestant objects to the question as immaterial; incompetent.) Ans. Yes, sir. Ques. 20. You have lived in Iowa City a good many years?-Ans. Yes, sir; for 25 years. (85 cts. paid as fee by contestee.) STATE OF IOWA, Johnson County, 88: MATHIAS KRATZ. JAMES DOBSKY, being produced and sworn on the 4th day of May, 1823, before Eldon Moran (Milton Remley appearing on the part of the contestee, and T. Brown on the part of the contestant), testifies as follows: Ques. 1. What is your business?-Ans. I do anything. Ques. 2. Laborer?-Ans. Yes, sir. Ques. 3. Where do you reside?-Ans. In Iowa City." Ques. 4. North or South precinct?-Ans. North. Ques. 5. Did you vote at the last election, '82?-Ans. Yes, sir; I did. Ques. 6. At which the candidates for the office of Representatives in Congress were voted for?-Ans. I voted the straight Democratic ticket. Ques. 7. Were there any scratches on it?-Ans. No, sir; no scratches. Ques. 8. Did you vote straight?-Ans. Yes, sir. Ques. 9. Where were you born?-Ans. In the old country, in Austria. Ques. 10. When did you come to this country?-Ans. 26 years ago. Ques. 11. Have you your naturalization paper?-Ans. Yes, sir. Ques. 13. Let me look at them, please? (Witness produces papers.) Ques. 14. Is this the only paper that you ever had?-Aus. No, sir; this is my second paper. Ques. 15. This is the one produced in evidence?-Ans. (Objection to the copy being in evidence, on the ground that no notice has been given in the answer, and no name of the witness, or any illegal votes in the precinct in which the individual resides. Irrevelant, incompetent, not best evidence.) CERTIFICATE OF NATURALIZATION. UNITED STATES OF AMERICA, State of Iowa, Johnson County, 88: Be it remembered that at the term of the county court holden in and for said county, State of Iowa, on the 8th day of October, 1863, was present the honorable George W. McCleary, sole presiding judge and ex-officio elerk of said court, when the following, among other, proceedings were had, to wit: Weutzel Dobsky, a native of Bohemia, and at present residing in said State, appeared in open court and made application to be admitted to become a citizen of the U. S., and it appearing to the satisfaction of the court that he had declared on oath before the Johnson County court, a court of record, having common law and jurisdiction and using a seal, 2 years at least before his admission, he had bona fide declared his intention to become a citizen of the U. S., and to renounce forever all allegiance to any foreign prince, potentate, state, or sovereignty whatever, and particularly to Francis Joseph, Emperor of Austria, to whom he had heretofore been a subject; and said applicant having declared on oath before this court that he will support the Constitution of the U. S., and that he do absolutely and entirely renounce and abjure all allegiance to any foreign prince, state, potentate, or sovereignty whatever, and particularly to Francis Joseph, Emperor of Austria, to whom he was a subject; and the court being satisfied by the testimony of Frank Huber that said applicant had resided in the U. S. for the term of 5 years preceding his admission without being at any time during said 5 years out of the ter. of the U. S., and within said State one year at least; 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 U. S., and well 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 the proceeding aforesaid to be entered on record; it was accordingly done by the clerk of this court. In testimony whereof I, George W. McCleary, county judge and ex-officio clerk of said court, have hereunto set my hand and seal of said court at my office in Iowa City, in said county, on this 8th day of Oct., 1863. [Seal of Johnson County, Iowa.] [5-cent internal revenue stamp, canceled.] Cross-examination: GEORGE W. MCCLEARY. Ques. 16. Do you know whether you voted for Frederick or Wilson for Representa tive in Congress?-Ans. I voted straight Democratic ticket. Ques. 17. Do you know whether that name was on it or not?-Ans. Yes, sir; of course I know it. Ques. 18. For whom did you vote for judge of the supreme court?—Ans. I have forgotten him now, it is so long. Ques. 19. Who did you vote for for clerk of the supreme court?-Ans. The supremne court, you mean? Ques. 20. Yes, sir; also, who did you vote for for sec. of state-Ans. I voted for Democratic candidates-the straight Democratic ticket. Ques. 21. Did you see Frederick's name on that ticket?-Ans. I say it was Democratic. Ques. 22. You don't know whether Frederick or Wilson, as a matter of fact?—Ans. Of course, I know. Ques 23. Do you know that you voted the Democratic ticket other than you voted it by having a Democratic ticket? Who did you get your ticket of?—Ans. I voted for Democratic man. I have forgotten his name now. Ques. 24. Do you suppose that you voted for a Democratic candidate? Did you read the names on your ticket?-Ans. I can't read any English. Ques. 25. You couldn't read your ticket, could you?-Ans. Sometimes I do. Ques. 26. Can you tell who you voted for State officers on your ticket ?—Ans. I can sometimes; sometimes not. Ques. 27. Can you read your ticket?-Ans. A little. Ques. 28. Do you know who gave you your ticket?—Ans. Yes, sir; I do; Mr. Fairall. Ques. 29. What Fairall is it ?-Ans. Sam Fairall. Ques. 30. You voted the ticket he gave you without reading the names?—Ans. Yes, sir. Ques. 31. You don't know for certain who you voted for, then ?-Ans. It was a Democrat man on the ticket; I voted for him of course. Paid as fee by contestee, $0.85. JAMES DOBSKY. |