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FREDERICK VS. WILSON.

STATE OF IOWA,

Johnson County, 88:

JOHN KOPSA, being produced and sworn before Eldon Moran, notary public of Johnson County, this 4th day of Apr., 1883 (Milton Remley appearing on the part of the contestee and T. Brown on the part of the contestant), testifies as follows:

(Contestee objects to the evidence of this witness for the reason that it is immaterial and incompetent.)

Ques. 1. Where do you live?-Ans. In the 4th ward.

Ques. 2. In Iowa City ?-Ans. Yes, sir.

Ques. 3. What is your age?-Ans. 42.

Ques. 4. What is your business?-Ans. I am a laborer.

Ques. 5. Did you vote at the Nov. election, '82, at which the candidates for the office of Representative in Congress were voted for?-Ans. Yes, sir.

Ques. 6. What ticket did you vote?-Aus. I voted the Democratic ticket.

Ques. 7. Straight Democratic ticket?-Ans. No, sir, I didn't.

Ques. 9. Did you vote for Frederick, Democratic candidate for Congress?-Ans. Yes, sir. I didn't vote the straight ticket.

Ques. 10. Did you vote for Frederick, candidate for Congress ?-Ans. Yes, sir.
Ques. 11. How long have you lived in Iowa City?-Ans. About 23 or 24 years.
Ques. 12. Where were you born?-Ans. In the old country; in Bohemia.

Ques. 13. How old were you when you came to this country?-Ans. About 15 years old.

Ques. 14. Have you got your naturalization papers?-Ans. No, sir; I didn't have any; the old man had them.

Ques. 15. Your father was naturalized?-Ans. Yes, sir.

Ques. 16. Was he naturalized here in Iowa City ?-Ans. Yes, sir.

Ques. 17. Were you naturalized?-Ans. No, sir.

Ques. 18. You were never naturalized?—Ans. No, sir.

Ques. 19. I understood you to tell me a while ago that you had your naturalization papers-Ans. No, sir; I said that the old man had them.

Ques. 20. What age were you when your father was naturalized ?—Ans. Can't tell you anything about it.

Ques. 21. Where was your father naturalized?-Ans. I can't tell you anything about his business, when he was naturalized.

Ques. 22. Did you come with your father?-Ans. Yes, sir.

Ques. 23. Were you living with your father until you were of age?-Ans. Yes, sir; not living with him, but working on the farm.

Ques. 24. Under his control until 21 ?-Aus. Yes, sir.

Ques. 25. You say that you have been in Iowa City 23 years?-Ans. I wasn't here all the time.

Ques. 26. I mean since you first came here.-Ans. Yes, sir.

Ques. 27. When your father landed here in America where did he stop in the first place?-Ans. In New York.

Ques. 25. How long did you stay there?-Ans. Only about one or two days.

Ques. 24. Then where did you go?-Ans. Right straight here.

Ques. 25. To Iowa City?-Ans. Yes, sir.

Ques. 26. Did you say that you were 15-Ans. Yes, sir.

Ques. 26. Did you say you were 15-Ans. Yes, sir; when we came here.

Ques. 27. You are 42 now?-Aus. Going on 43.

Ques. 28. Do you say 27 or 23? How long have you been in Iowa City ?-Ans. I should think about 22 or 23; I don't know exactly.

Ques. 23. Where were you before you came to Iowa City ?-Ans. Well, we came to Iowa City, then we had to work on the farm.

Ques. 30. Do you know in what year you were born?-Ans. No, sir; I cannot tell.
Ques. 31. What is your father's name?-Ans. John Kopsa.

Ques. 32. The same as yours?-Ans. Yes, sir.

Ques. 33. Is your father alive now?-Ans. Yes, sir; he lives in the house now.

Ques. 34. He is able to come down town now?-Ans. Of course he is.

Cross-examination:

Ques. 35. You say you were only 15 when you came here?-Ans. That is all I was.
Ques. 36. You know your father voted don't you?-Ans. I know that he did
(Eighty-five cents paid as fee by contestee.)

STATE OF IOWA,

Johnson County 88:

JOHN KOPSA.

FRANK TREMMEL, being produced and sworn before Eldon Moran, a notary public for Johnson County, on this fourth 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:

Contestant objects to the evidence of the witness, for the reason that no notice has been given of the residence of the witness; also irrelevant and inmaterial.

Further objection, that no notice has been given in the answer; also immaterial and incompetent for that reason.

The name of the witness not being given in the notice, the witness is excused until notice shall have been given.

STATE OF IOWA,

Johnson County, 88:

ALBERT KESSEL, being produced and sworn before Eldon Moran, a notary public for Johnson County, 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:

Contestant objects to the evidence of this witness being introduced for the reason that it is without notice.

Witness excused until proper notice has been given.

STATE OF IOWA,

Johnson County, 88. ;

FRANK ZETTEK, being produced and sworn before Eldon Moran, a notary public for Johnson County, 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. What is your name, age, place of residence, and occupation?

(In the case of this witness, B. Shimek is sworn as interpreter.)

(Contestant objects to the testimony of this witness being taken, for the reason that it is irrelevant to the issue and immaterial; also that the notice is insufficient, the name and occupation of the witness not being given.)

Ans. My age is 77 years; my occupation is that of day laborer.

Ques. 2. Did you vote for the office of Representative on the 7th of Nov., 1882, in Iowa City-Ans. Yes, sir.

Ques. 3. What ticket did you vote?

(Contestant objects to the question, the same being immaterial, the voter not yet shown to be an illegal voter.)

Ans. Democrat.

Ques. 4. Ask him if he voted for Mr. Frederick, the Democratic candidate for Representative in Congress.

(The objection made as leading.)

Ans. He says that he cannot tell positive.

Ques. 5. Ask him if he voted the straight Democratic ticket?-Ans. He says that he does not know; he cannot tell positive whether there were any scratching done on the ticket or not.

Ques. 6. Who gave him the ticket?-Ans. Mr. Joseph Slezak.

Ques. 7. What are Mr. Slezak's politics?

(Contestant objects to the question on the ground that it is immaterial.)

Ans. He says that he does not know.

Ques. 8. Ask him what ticket he understood that he was voting.

(Contestant objects to the question as immaterial; also asking for the opinion and understanding of the witness.)

Ans. He thought that he was voting the Democratic ticket.

Ques. 9. How long has he been in this country?-Ans. 27 years.

Ques. 10. Where was he born?-Ans. In Bohemia.

Ques. 11. Ask him where he was naturalized, if at all.—Ans. In Iowa City.

Ques. 12. Ask him if he has his second papers.-Ans. Yes, sir; they are here. Ques. 13. Ask him if that is the only naturalization he has ?-Ans. Yes, sir. (The same produced by the witness. The same introduced in evidence. A certificate of naturalization dated Sep., 1883, issued by George W. McCleary, county judge, to Frank Zettek in the same form as the paper and copy which was last introduced in evidence, except that John J. Xanten, instead of Frank Huber, was witness to show residence.)

Cross-examination:

Ques. 14. Did you know who he voted for for Congress ?—Ans. No, sir; I do not know. Redirect:

Ques. 15. Ask him whether or not he voted for the Republican candidate for Congress? Ans. He does not know.

Ques. 15. Does he know the name of the Democratic candidate for Congress ?-Ans. He does not know.

(85 cents paid as fee by contestee.)

STATE OF IOWA,

Johnson County, 88:

FRANK ZETTEK.

STEPHEN BENDA, 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 Milton Remley and J. W. Cone appearing on the part of contestee), testifies as follows:

(B. Shimek sworn as interpreter.)

Ques. 1. What is your name, age, place of residence, and occupatiou ?-Ans. My age is 62 years; I am a day laborer, and I live in Iowa City.

Ques. 2. Ask him if he voted at the election held on the 7th Nov., 1882, in Iowa City?

(Contestant objects to the evidence as being irrelevant, incompetent, and immaterial under the issues as given in the answer. Also, insufficient notice is set forth as to the residence of the witness and the time and place of the taking of the testimony.) Ans. Yes, sir; he did.

Ques. 3. Ask him what ticket he voted?-Ans. The Democratic ticket.

Ques. 4. Was there any scratching?-Ans. He voted the straight ticket.

Ques. 5. Ask him if he knows of Benjamin T. Frederick being a candidate for Congress at that election?-Ans. He did.

Ques. 6. Ask him if he voted for Frederick for Representative in Congress?-Ans.
Yes, sir.

Ques. 7. How long has he been in this country?-Ans. Sixteen years.
Ques. 8. Ask him where he was born?-Ans. In Bohemia.

Ques. 9. Ask him where he was naturalized, if anywhere?-Ans. In Iowa City.
Ques. 10. Ask him if he has his naturalization papers with him?-Ans. No, sir.

Ques. 11. Ask him if he was not told to bring them ?-Ans. He says that he has not sufficient time to hunt them.

Ques. 12. Ask him if he was naturalized before the county judge?

(Contestant objects to the question as leading.)

Ques. 13. Ask him whether or not he was naturalized before the county judge! (Objection: leading.)

Ans. Yes, sir; he was naturalized before the county judge.

Ques. 14. Ask him if he knows who was judge then-Ans. He does not know the

name.

Ques. 15. Ask him if he would know it if he would hear it?

(Contestant objects to the question as not being best evidence.)

Ans. He thinks he would.

Ques. 16. Ask him if it was Judge McCleary?-Ans. He says that he cannot tell positive

Ques. 17. Ask him whether it was James Cavanagh?-Ans. He says that he cannot tell positive.

Ques. 18. Ask him if he ever received any other naturalization papers except the one he received from the county judge?-Ans. He only had first and second papers. Ques. 19. Ask him if he ever received any other papers except the one from the county judge?—Ans. No, sir; he did not.

Cross-examination:

Ques. 20. Ask him whether he knows if it was a county, circuit, or district judge?— Ans. He says that he could not tell whether it was a county or district judge.

Ques. 21. Ask him if it was in open court, if he had witnesses there, and they swore him -Ans. Yes, sir; he says that it was.

Ques. 22. How many years have you voted?

(Contestant objects to the question as incompetent and immaterial.)

Ans. Eleven years.

(Eighty-five cents paid as fee by contestee.)

STATE OF IOWA,

Johnson County, 88:

STEPHEN BENDA.

JOHN REYNOLDS, being produced and sworn before Eldon Moran, a notary public for Johnson County, on this 5th day of April, A. D. 1883, testifies as follows (T. Brown appearing on the part of contestant and J. A. Cone, W. J. Haddock, and Milton Remley for contestee):

(Contestant objects, for the vote is not yet shown to be illegal.) Ques. 1. Where do you reside?-Ans. In Hardin Township.

(Contestant also objects to the evidence, for the reason that the residence of the witness was not given in the notice.)

Ques. 2. What is your age?-Ans. Sixty-five years.

Ques. 3. Where were you born?-Ans. In Ireland.

Ques. 4. Were you naturalized?-Ans. Yes, sir.

Ques. 5. Where were you naturalized?-Ans. Yes, sir.

Ques. 6. Where were you naturalized?-Ans. In the State of N. J.

Ques. 7. Have you got your papers with you?-Ans. Yes, sir.

Ques. 8. Will you let me look at your papers ?-Ans. Yes, sir.

(Witness produces papers.)

Ques. 9. Is there another John Reynolds around here?-Ans. No, sir; none in Newport Township. There is one in Iowa County by that name. This paper here is a little old, because it was issued a good while ago.

Ques. 10. I think there is another John Reynolds we were looking after.—Ans. There is another John Reynolds in another township.

($2 paid by contestee as fee.)

STATE OF IOWA,

Johnson County, 88:

JOHN REYNOLDS.

ECKHART HORMEL, being produced and sworn before Eldon Moran, a notary public for Johnson County, on this 5th day of April, A. D. 1883 (T. Brown appearing on the part of contestant and J. W. Cone and Milton Remley on the part of the contestee), testifies as follows:

Ques. 1. Where do you live?-Ans. In Iowa City.

Ques. 2. What is your age?-Ans. Forty-four years.

Ques. 3. What is your business?-Ans. I am a blacksmith.

Ques. 4. Did you vote at the November election 1882, at which the candidates for Representatives in Congress were voted for?-Ans. Yes, sir.

Ques. 5. What ticket did yon vote?-Ans. Democratic ticket.

Ques. 6. Did you vote for Democratic nominee for Congress?-Ans. Yes, sir.

Ques. 7. Who was the Democratic candidate you voted for for Congress ? Was it Benjamin T. Frederick ?—Ans. I don't recollect.

Ques.. Where were you born?-Ans. I am a Hessian German.

Ques 9. Were you naturalized, and did you receive citizen papers?-Ans. I have one paper; that is all.

(Produces paper in court.)

Ques. 10. That is the only naturalization paper you have?—Aus. Yes, sir.

(Same certificate of naturalization introduced evidence. Contestant objects to the same as immaterial and incompetent.)

(Certificate just like the other county court papers. "Sept. 29, '63," signed by George W. McCleary, county judge, with the seal of Johnson Co. attached, granted to Mr. Eckhart Hormel. (This clause differs from the others :) "It appearing to the satisfaction of the court that he had declared on oath, before the Johnson Co. court, court of record, having common law jurisdiction, and using a seal, before his admission, that it was bona fide his intention.")

Cross-examination:

Ques. 11. What ticket did you vote?-Ans. State Democratic ticket.
Ques. 12. How did you know that?-Ans. Because the names were on it.

Ques. 13. It was so stated on it ?-Ans. Yes, sir.

Ques. 14. Who did you vote for supreme judge?—Ans. My knowledge is very poor about that.

Ques. 15. Who did you vote for for Secertary of State?-Ans. I voted for every one on the Democratic ticket.

Ques. 16. Did you read your ticket?-Ans. Yes, sir.

Ques. 17. Did you know whether you voted for Frederick or not?-Ans. I voted for all the names that the ticket said.

Ques. 18. You don't remember any of the names on the ticket?-Ans. No, sir; not now any more.

Ques. 19. There were some split tickets; some names that were printed on; some Republican tickets?-Ans. No, sir, there was not.

Ques. 20. Who did you get it from ?-I can't remember now from whom I got it; from some man, though.

Ques. 21. You voted printed ticket ?-Ans. Yes, sir.

Ques. 22. Did you know at that time who all the Democratic candidates were ?— Ans. Yes, sir; at the same time that I voted I knew. Ques. 23. Have you ever been in the army?-Ans. Ques. 24. How long have you been a voter here?

No, sir.

(Contestee objects as incompetent and immaterial; also, not best evidence.)

Ques. 25. You have been a voter for several years?-Ans. Yes, sir, a good many years. Ques. 26. You have been voting a good many years?--Ans. Yes, sir, I voted several years.

Ques. 27. Did any one ever question your right to vote?

(Objection, immaterial and incompetent.)

Ans. I never voted till I had the right to vote.

Ques. 28. You never voted till after you were naturalized ?—Ans. I voted whenever

I had the right to vote; whenever I took the notion to vote, I voted.

Ques. 29. Did you always vote the Democratic ticket ?--Ans. No, sir, I didn't.

Ques. 30. You voted sometimes one ticket, sometimes another?

(Objection, immaterial and incompetent.)

Ans. Yes, sir.

$0.85 paid as fee by contestee.

STATE OF IOWA,

Johnson County, 88:

ECKHART HORMEL.

JAMES LONEY, being produced and sworn before Eldon Moran, notary public for Johnson County, on this 5th day of April, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, Cone and Remley on the part of contestee):

(Contestant objects, for the reason that the vote is not shown to be illegal.)

Q. 1. Where do you reside?-A. In Pleasant Valley.

Q. 2. What is your business?-A. Farming.

Q. 3. What is your age?-A. 37.

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Q. 4. Did you vote at the November election, 1882, in which Representatives in Congress were voted for?-A. I suppose so.

(BROWN: You need not tell unless you want to.)

(Contestee objects to instruction being given by the counsel on the other side.) (BROWN: It is your privilege not to answer.)

A. I have told you I would not tell how I voted.

Q. 5. What ticket did you vote?-A. I generally vote the Democratic ticket-split ticket-sometimes Greenback, sometimes Democratic, sometimes Republican.

Q. 6. Did you vote for Frederick or Wilson?-A. I decline to say which of these men I voted for. I understand Mr. Wilson was a very good man. I might have voted for him, or might have voted for Frederick. I won't say who I voted for. Q. 7. You say you don't know who you voted for?-A. I say I didn't have to tell you who I voted for.

Q. 8. Where were you born?-A. In Ireland.

Q. 9. Where naturalized?-A. In Johnson County.

Q. 10. In what court?-A. I could not say.

Q. 11. About when were you naturalized?-A. 15 or 16 years ago.

Q. 12. Have you got papers with you?-A. I haven't.

Q. 13. Were you subpoenaed to bring them with you?-A. Yes, sir. On account of them being mislaid somewhere I didn't find them.

Q. 14. Did you know the name of the judge that granted them?-A. I cannot say. Q. 15. Was it McCleary?-A. I don't know whether or not.

Q. 16. Or Cavanagh?-A. I can't say as to that. I can't recollect the judge's name. Q. 17. Were you naturalized the same day your brother was?—A. Yes, sir; I was. ($1.75 paid as fee by contestee.)

STATE OF IOWA,

Johnson County, 88:

JAMES LONEY.

PATRICK LONEY, being produced and sworn before me, Eldon Moran, a notary public for Johnson County, Iowa, on this 5th day of April, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and J. W. Cone and Milton Remley on part of contestee):

(Contestant objects, for the reason that it has not been shown that the vote is illegal.)

Q. 1. You are a brother of the last witness?—A. Yes, sir.

Q. 2. Where do you live?—A. Pleasant Valley Township.

Q. 3. What is your age?-A. 38.

Q. 4. What is your business?-A. Farming.

Q. 5. Did you vote at the November election, 1882, at which the candidates for Representative in Congress were voted for ?-A. Yes, sir.

Q. 6. What ticket did you vote?-A. Well, I voted the Democratic ticket; I split it. Q. 7. For whom did you vote for Congressman; Frederick or Wilson -A. I don't

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