STATE OF Iowa, Johnson County, 88: JOSEPH BERANEK, being produced and sworn before Eldon Moran, a notary public for Johnson Co., on this 5th day of April, A. D. 1-3 (T. Brown appearing on the part of contestant, and J. W. Cone and Milton Remley on the part of contestee), testifies as follows: (B. Shimek sworn as interpreter.) Ques. 1. Where does he live, and how old is he?-Ans. He lives in Iowa City, and his age is 43. Ques. 2. Ask him whether he voted at the Nov. election in 1882 at which the nominees for Representative in Congress were voted for.-Ans. He says that he is not positive, but he thinks that it was a Democratic ticket he voted. Ques. 3. Ask him who gave him the ticket.-Ans. Joseph Slezak. Ques. 4. Ask him if he voted a straight ticket.-Ans. He says that he voted his ticket just as he got it. Ques. 5. Ask him if he knows of any scratching being done on it.—Ans. He says that there were no names scratched on the ticket. Ques. 6. Ask him if he voted for the Democratic nominee for Congress.-Ans. He says that he don't remember; if he was on the ticket he must have voted for him. Ques. 7. Ask him where he was born?-Ans. In Bohemia. Ques. 8. Ask him where he was naturalized, if at all.-Ans. In Iowa City. Ques. 9. When was it?-Ans. He says that he cannot tell exactly; he does not remember. Ques. 10. Ask him if he has his papers with him.-Ans. He says that he has. BROWN. Witness may do as he pleases. Ans. Well, if he does not have to, he says that he does not care to; he says that he does not know that it was in the subpoena; that the officer told him to bring the paper. Ques. 12. Please tell the witness to hand them to the commissioner. (Witness produces papers in court.) Ques. 13. Ask him if there is any other Joseph Beranek?-A. He says that there is one near Solon. (85 cents paid as fee by contestee.) STATE OF IOWA, Johnson County, 88: JOSEPH BERANEK. Deposition of witness produced and sworn before me, Eldon Moran, a notary public and commissioner agreed upon to take testimony on the sixth day of April, A. D. 1883, in a proceeding pending before the House of Representatives of the United States of America, in which proceedings Benjamin T. Frederick is contestant and James Wilson is contestee (J. W. Cone, W. J. Haddick, and Milton Remley appearing as attorneys for Benjamin T. Frederick). FRANK TREMMEL, of lawful age, being sworu in due form of law, testifies as follows: (Contestant objects, for the reason that it is not shown that the vote is illegal, and the same is immaterial.) Q. 1. Where do you reside?-A. Iowa City. Q. 2. Did you vote at the November election?-A. Yes, sir; I voted. BROWN. You are not obliged to answer any questions how you voted, for whom you voted, or whether you voted at all, unless you please. (Contestant objects to the counsel instructing the witness.) Q. 3. Which ticket did you vote?-A. Democratic ticket. Q. 4. Did you vote for Frederick for Representative in Congress ?-A. Yes, sir. Q. 5. Where were you from?-A. In Germany. Q. 6. How long have you lived in Iowa ?-A. I came bere in '45. Q. 7. Where were you naturalized?—A. Right down at the court-house. BROWN. You need not state where you were naturalized. (Contestant objects to the counsel instructing witness.) BROWN. You are not obliged to tell whether you are naturalized or not. Q. 8. Were you naturalized here in the court-house?-A. Yes, sir. Q. 9. Have you got your naturalization papers with you?-A. I lost them. Q. 10. Before what court were you naturalized? (Contestant objects on the ground that it is not best evidence.) Q. 11. Tell the commissioner whether it was the county judge or not.-A. I could not tell what judge. Q. 12. Do you remember the name of the man?-A. No, sir; not exactly any more. It was Sam. Workman, or old Stev. Groner, one or the other. Cross-examination: Q. 13. How long have you voted? (Contestee objects to the question on the ground that is incompetent and immaterial.) A. I guess I got my second papers in '45 or '50; I could not tell that; but I have voted the whole time. sir. Q. 14. You took second papers; did you have a seal of the court on them?-A. Yes, Q. 15. You were naturalized in the court, were you ?-A. Yes, sir; in the courthouse. Q. 16. Did you have witnesses?-A. Yes, sir; not without that. Q. 17. You had witnesses to prove you were a citizen, a good honest citizen ?—A. Yes, sir; I can prove that. Q. 18. Did you have this man up to the court-house; did you have witnesses when you got your second papers?-A. Yes, sir, I have; yes, sir. I couldn't tell any more who was there. Q. 19. What room in the court house was it?-A. I could not tell that; I was a greenhorn at the time; I couldn't tell that. Q. 20. There was a conrt-house there, was there?-A. Yes, sir. Q. 21. Did they have jury and clerk, do you know?-A. No, sir; I don't know that. FRANZ TREMMEL. $0.85 paid his fee. STATE OF IOWA, Johnson County, 88: ALBERT KESSEL, being produced and sworn before me, Eldon Moran, a notary publie for Johnson County, Iowa, this 6th 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 the part of contestee): (Contestant objects to the question, for the reason that it is not shown that the vote is illegal, and the same is immaterial.) Q. 1. Where do you live?-A. In Iowa City. Q. 2. Did you vote at the Nov. election, '82? BROWN says: You need not tell how you voted unless you see fit. (Contestee objects to any suggestions by the counsel to the witness.) Q. 3. Did you vote last election?-A. I vote every election. Q. 4. What ticket did you vote last fall?-A. Democratic ticket. Q. 5. Did you vote for Frederick for Representative in Congress, on the Democratic ticket-A. I don't know; I can't tell who all. Q. 6. Did you vote the straight Democratic ticket?-A. Yes, sir; straight ticket. Q. 7. Where were you born?-A. Born in Bohemia. Q. 8. Where were you naturalized, if at all?-A. In Iowa City. Q. 9. Is this the certificate of naturalization ?-A. Yes, sir; this is the paper. Q. 10. Is this the only one you have?-A. Yes, sir; this the only one. (Paper produced in court. It is agreed by the court that the paper produced is the certificate of naturalization by Judge McCrary, county judge, Sep. 28, '63, with the seal of Johnson County, Iowa, impressed upon it.) Cross-examination: Q. 11. Do you know you voted the Democratic ticket?—A. Sometimes; well, I voted it last fall. Q. 12. Do you know for whom you voted as Representative in Congress?—A. No, sir. 9. 13. Don't know whether you voted for Frederick or Wilson?-A. No, sir; I don't. I did not read it. Q. 14. A good many of the Congressional tickets were straight tickets. You don't know how you voted?-A. Yes, sir; that is so. Q. 15. How long have you voted? (Contestee objects to the question on the ground that it is incompetent and immaterial.) A. I can't tell. Q. 16. A good many years?-A. Yes, sir; 17 or 18, I guess. Q. 17. Voted ever since ?-A. Yes, sir; I have been here 28 years. Q. 18. Then, you don't know whether you voted for Frederick or Wilson for Congress-A. No, sir; I don't. Q. 19. You never looked at the ticket for the purpose of seeing it; you could not read it ?-A. No, sir; I could not. Q. 20. Do you know who you got your ticket of?—A. No, sir. Redirect: Q. 21. You voted the straight Democratic ticket last?-A. Yes, sir. Recross-examination: Q. 22. When you mean you did, you suppose you did. You don't know whether it was straight ticket or not. You suppose you did; you don't whether you did or not ?—A. Yes, sir; I know it was. Q. 23. Somebody told you so?-A. Yes, sir. Q. 24. That is all you know about it ?-A. Yes, sir; that is all the way I know. (Signed) ALBERT KESLER. Cross-examination (continued): (Contestee objects to the further examination of the witness, for the reason that he has been excused.) Q. 25. Did you not have a talk with Mr. Frederick in the back room?-A. Yes, sir. Q. 26. Did he not tell you you voted a Democratic ticket?-A. I voted it. Q. 27. Have you not said that you voted a Republican ticket for Congressman ?-A. That was in the spring; I voted for two Republicans. Q. 28. What did Mr. Remley tell you in the back room?—A. That is what he told me; that is all. Q. 29. What did he tell you?-A. What ticket I voted; what kind of a ticket I voted. Redirect: Q. 30. Did you ask what ticket you voted?-A. Yes, sir. Q. 31. Did I tell you, or just ask you? You told me what ticket you voted, did you not?-A. Yes, sir. Q. 32. I asked you what ticket you voted ?—A. Yes, sir. ($.85 paid as fee.) STATE OF IOWA, Johnson County, 88: THOMAS REED, being produced before Eldon Moran, a notary public for Johnson County, but refuses to be sworn (T. Brown appearing on the part of contestant, and J. W. Cone and Milton Remley on part of contestee): Q. 1. What is your name, age, place of residence, and occupation?—A. Thomas Reed; I don't know my age; I am a farmer. Q. 2. About what is it?-A. Somewhere about 50; I never knew my age. Q. 3. Where do you reside ?—A. Pleasant Valley, Johnson Co. Q. 4. I will ask you if you voted at the Nov. election in '82, when the candidates for Representative in Congress were voted for ?—A. Yes, sir. Q. 5. What ticket did you vote? (You are not obliged to answer that question unless you please.) (Objection to counsel instructing witness in that way.) Q. 6. What ticket did you vote?—A. I don't know that I am obliged to answer that question. Then you will have to take the responsibility. BROWN. You can do that safely. Q. 7. You must answer that question.-A. What is the reason people do not have tickets around so that everybody can see them? BROWN. You are not obliged to answer unless you care to. Q. 8. What ticket did you vote?-A. I voted some of each kind; I always split my ticket. Q. 9. Did you vote for Representative in Congress?-A. No answer. Q. 10. Did you vote for the Democratic Representative in Congress? (Objection by the contestee, because it is leading; also, because witness is not obliged to answer that question.) Q. 11. Now, you may answer the question.-A. I don't believe that I am obliged to answer it. Q. 12. Well, we think you are. (Commissioner will instruct you.) Q. 13. It cannot harm you to answer, whereas it may if you do not answer it.—A. I don't believe a man is obliged to tell how he votes, because, if so, then they might vote with open votes. The reason that they roll up ballots and shove them into the ballot-box and not open them for every one to see them. I don't want to let some one see how I vote. Q. 14. It is a matter that we are entitled to inquire into.-A. I don't think that that is any other man's business. BROWN. You are not obliged to tell those things unless you wish to. A. I voted for some Republicans and some Democrats. Q. 15. I am only asking you in regard to one candidate.-A. Well, how does that make any difference? Q. 16. Do you decline to answer that question?-A. Yes, sir; I do. Q. 17. Where were you born?—A. In Ireland. Q. 18. How long have you been in this country?—A. I don't know how long I have been here. Q. 19. Did you get your naturalization papers?-A. Yes, sir. Q. 20. In what court; was it before the county judge?-A. Yes, sir. Q. 21. What was his name?-A. Cavanaugh. Q. 22. Have you your papers with you?—Ä. Yes, sir. Q. 23. We will look at them. BROWN. You need not show your papers unless you want to. (Objection: contestee to counsel showing the witness how to answer.) Q. 24. You will show these papers.-A. No, sir; I will not show them to you. Q. 25. Show the commissioner these papers.-A. I showed my papers to the township clerk where I live. (Contestee objects to the answer; not responsive to the question.) Q. 26. What party do you generally vote for, Democrat or Republican?-A. I have told you I voted sometimes for each. Q. 27. What are your politics, Democrat or Republican?-A. I am a Democrat. Q.28. Did you talk to anybody this morning?-A. Yes, sir; to two men about a cow scrape. Q.29. I mean about this testimony?-A. We had a law-suit yesterday about a cow. Q.30. Have you talked with any person in regard to your being a witness here this morning?-A. Who could I talk to? Q. 31. Did you talk to any one ?-A. I was talking about the cow lawsuit on the road yesterday; that is all. Q. 32. Did any one tell you this morning not to testify until you had talked with Tim Brown?-A. No, sir. Q. 33. Did any one tell you to see Mr. Brown before you had testified ?—A. No, sir, they did not. Q.34. Did you talk to any one in regard to what you were to testify to here? (Objection.) Q.35. Did you talk to any one?-A. I told you I talked with some one. I don't know who. Q.36. Did any one tell you not to testify until you saw Mr. Brown?-A. How? Q.37. Did any one tell you not to testify until you saw Mr. Brown? If so, who told you not to testify ?-A. Who told me? That is some of Mr. Cone's work, there. Q.38. Who told you?-A. Who did you want to tell me. Q. 39. Did you tell anybody that you wanted to see Mr. Brown? Did you tell any one that you wanted to see Mr. Brown before you testified?-A. Mr. Brown. Q.40. Yes, sir.-A. I don't know Mr. Brown. Q.41. Did you tell any one that?-A. Yes, sir. Q.42. Who did you tell?-A. I told that man I wanted my papers. I told him I wished to see Mr. Brown. Q.43. Who told you to see Mr. Brown ?-A. No one told me. Q.44. Did any one talk to you about your being a witness here this morning?—A, Yes, sir. Q. 45. Did any one speak to you this morning?-A. No, sir, only about the cow; that is all. Q.46. Did any one talk to you about this matter?-A. I don't know what you mean about this matter. I thought you hinted to play some trick on us up here. A man as long as he can't get to Congress by fair means, he might get there by foul means, likely. ($1.45 paid as fee by contestee.) STATE OF IOWA, Johnson County, 88: his THOS. + READ. mark. OWEN CAWLEY, 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. W. Cone and Milton Remley on the part of contestee): (Contestant objects, for the reason that the vote is not yet shown to be illegal.) Ques. 1. Where do you live?-Ans. No answer. Ques. 2. What is your business?-Ans. No answer. Ques. 3. Did you vote at the election last fall, Nov. 7th, at which candidates for the office of Representative in Congress were voted for ?-Ans. Yes, sir. Ques. 4. What ticket did you vote? (Brown objects, for the reason that the vote is not yet shown to be illegal. ) Ans. Democratic ticket. Ques. 5. Did you vote a straight ticket?-Ans. Yes, sir. Ques. 6. Did you vote for Democratic candidate for Congress?-Ans. Yes, sir. Ques, 8. How long have you lived in the county?-Ans. Longer in this country than I was in the other; since '48, I think; somewhere there. Ques. 9. Where did you get your citizen papers?-Ans. In Ohio. Ques. 10. That is your first papers?-Ans. Yes, sir; then I was in the Army, and when I came back I lost my papers. Ques. 11. Where did you get your last papers?-Ans. Here in the city. Ques. 12. From what court?-Ans. Well, it was a good while ago. Ques. 14. Is this the paper you got?-Ans. Yes, sir. (Papers introduced in evidence the same as other; contestant objects, the introduction of the same is immaterial and incompetent, not best evidence; papers issued by James Cavanagh, Oct. 24th, 1868, with the seal of Johnson County, Iowa, attached to it; that he had served in the Army of the U. S. during the late rebellion; had resided in the U. S. over 5 years before his application.) (Paper read.) U. S. OF AMERICA, State of Iowa, Johnson County, 88: Certificate of naturalization. Be it remembered that at a term of the county court held in the said county, State of Iowa, on the 24th day of Oct., in the year of our Lord 1868, was present the Hon. James Cavanagh, sole presiding judge and ex-officio clerk of said court, when the following among other proceedings, to-wit, was had: Owen Cawley, a native of Ireland, and at present residing in said State, appears in open court and makes application to be admitted as a citizen of the U. S., and it appearing to the satisfaction of the court that he had served in the Army of the U. S. in the late rebellion, and had resided in the U. S. 5 years before his application for admission, and that it was his bona fide intention to become a citizen of the U. S., and to renounce forever all allegiance to any state or sovereignty whatsoever, and especially to Victoria, Queen of Great Britain, to whom he was heretofore a subject; and said applicant having declared on oath before the court that he will support the Constitution of the U. S., and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, state and sovereignty whatsoever, and particularly to Victoria, Queen of Great Britain, of whom he was a subject. The court being satisfied by the testimony of David Flattes that said applicant has resided in the U. S. for the term of 5 years next preceding his admission, without being during that time out of the territory of the U. S., and within the State 1 year at least; and it further appearing to the satisfaction of the court that during that time he has behaved as a man of good moral character, attached to the principles of the U. S., and well disposed to the good order and happiness of the same. The court admit ing said applicant to become a citizen of the U. S., and ordered all the proceedings aforesaid to be entered of record, which was accordingly done by the clerk of this court. In testimony whereof I, James Cavanagh, county judge and ex-officio clerk of the said court, have hereunto set my hand and fixed the seal of said court, at my office in Iowa City, in said county, this 24th day of Oct., A. D. 1868. [SEAL.] JAMES CAVANAGH, Cross-examination : County Judge. Ques. 15. You say you served in the rebellion?—Ans. Yes, sir, in the 6th Iowa Cavalry. I served there 9 months altogether. I got sick and got a discharge. Ques. 16. Were you honorably discharged?-Ans. Yes, sir. Ques. 17. How long have you voted? (Objection. Immaterial and incompetent.) Ans. Since I came to this country. Ques. 18. Did you get citizen papers in Ohio?-Ans. I cannot say anything about that. Ques. 19. Did you get citizen papers?-Ans. I got papers in Ohio after I was there 5 years. Ques. 20. Before a court?—Ans. Yes, sir, the same as I did here in town; then I lost them. Ques. 21. Did it have a seal on?-Ans. Yes, sir. |