Ques. 22. What court was it?-Ans. I do not know.

Ques. 23. What court was it?-Ans. In Cincinnati, Ohio.

Ques. 24. In a court having a clerk and jury?-Ans. Yes, sir; the same as here. Ques. 25. You have been here 5 years when you got these papers?-Ans. Yes, sir. Ques. 26. After you got papers you voted?-Ans. I did not until I got papers; yes, sir.

Ques. 27. Then when you lost your papers you thought it necessary to get other papers-Ans. Yes, sir; they swore me every time.

Ques. 28. You did have papers in Ohio ?-Ans. Yes, sir; of course I did.

Redirect:

Ques. 29. You got first papers in Ohio?-Ans. Yes, sir.

Ques. 30. Did you get any second papers in Ohio ?-Ans. I don't know.

Ques. 31. This is the only citizen paper you have?-Ans. I lost the other; I do not

know where I lost it.

Ques. 32. You say you lost them?-Ans. Yes, sir.

Ques. 33. Did you get one or two sets in Ohio? Ans. I think I must have. two, for I could not vote with one.

Ques. 34. Were the papers there similar to these?-Ans. I think my naturalization papers were like these; perhaps they do not say it the same here; I do not know.

Recross-examination:

Ques. 35. You remember if there was a court and jury sitting there, and a judge sitting there on a bench ?-Ans. Yes, sir; every other man was going in and getting papers.

Ques. 36. You voted after you got your papers?—Ans. Yes, sir; but not before I got them; I got these so as to certify so I would not have to be sworn. ($1.05 paid as fee by contestee.)

STATE OF IOWA,

Johnson County, 88:

OWEN CAWLEY.

STEPHEN BRADLEY, 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, and Cone and Remley on the part of contestee):

Q. 1. What is your age?-A. 32.

Q. 2. What is your business?-A. Clerk of the courts of this county.

Q. 3. What courts?-A. Dist. and the circuit courts.

Q. 4. Have you in your office, in your possession, the records of the naturalization of aliens to be citizens?-A. In what courts-dist. or circuit courts?

Q. 5. In all the courts; are you the custodian of all the records?-A. Yes, sir; of all the records in this office; I cannot say what courts.

Q. 6. Are you the custodian of the county court record?-A. As to naturalization! Q. 7. Yes, sir.-A. Yes, sir; there are some records in there; I do not know whether they are complete or not; I never looked them.

Ques. 8. They are in your office?-Ans. Yes, sir; some of them.

Ques. 9. These three books here on the table belong to your office?-Ans. Yes, sir. Ques. 10. Are these the only records you know of of naturalization?-Ans. The only records.

Ques. 11. These are the only records of naturalization, and the proceedings?-Ans. No, sir; there is one more down there.

Ques. 12. What is that-for first or second papers?-Ans. Second papers.

Ques. 13. It is generally called minute paper; that is what it is labeled on the back. Ans. The records of naturalization are there.

Ques. 14. Is it a record of issuance of final papers?-Ans. Yes, sir.

Ques. 15. You say that it is a minute book?-Ans. Yes, sir; that is what we call it. Ques. 16. Are the entries there transcribed into this?--Ans. I do not know whether or not; I never investigated the matter; never had occasion to.

Ques. 17. You did not see that name?--Ans. No, sir.

Ques. 18. You say you never examined it so as to know what it is?-Aus. No, sir; I did not understand your question.

Ques. 19. How did you know that it is a record of naturalization?-Ans. I say I never examined it to any extent; only that is the book that is intended for record of all matters transacted in the county court.

Ques. 20. It is to be recorded from that book into other records; is that it?—Ans. The book is not of any use now; I do not know enough about it to speak of it. Ques. 21. These three books which you have here you can identify to be books, whether or not there are any naturalization papers in your office?-Ans. Yes, sir.

Ques. 22. What are these backs here called?-Ans. Naturalization Record No. 2. Ques. 23. And this book is Record No. 1, is it?

(Witness examines the back.)

Ans. Yes, sir; this is No. 1 and there is No. 2.

Ques. 24. Now, Mr. Bradley, you may examine the record and state whether Frank Blaha was ever naturalized in Johnson Co.

(Contestant objects to the evidence, for the reason that it's incompetent, irrelevant, and immaterial, because the question does not identify the witness which was in the question, because there might have been a dozen in the country by that name.) [Witness examines records. ]

Ans. Shall I examine the books and all the records?

Ques. 25. Yes, sir.-Ans. There is no record of naturalization of a man of this name. Ques. 26. You may tell the commissioner whether there is a record of the naturalization of Joseph Freisch.-Ans. Here is the record of Joseph Friest; it is pretty hard to get these Bohemians just right, especially for one that is not a Bohemian. That is the nearest approach to the name I can find.

Ques. 27. You may tell the commissioner whether there is a record or not of the naturalization of John K. Ozishk?-Ans. Here is John Koza. [Examines record.] I do not find it; I have not the record.

[Examines the other record, under the head of "C."] Ans. Here is John Konetshin. Ques. 28. Give us the date when Konetshin was naturalized, according to the record.-Ans. He was naturalized in the county court by J. W. McCleary, Oct. 6th,

1860.

[Witness now examines records as to the "C."]

Ans. No, sir; I do not see it.

Ques. 29. Now, then, tell the commissioner whether there is a record of Albert Stemocher?-Ans. It is not in No. 2.

Ques. 30. What is No. 2 a record of-dist. and circuit court?-Ans. It is record of the present circuit court, also of the latter part of the county court. It is the present naturalization record used for the district and circuit court, the other record, I think, is of the county court altogether; record number one was used for the county court altogether.

Ques. 31. Now, look in No. one and state to the commissioner whether there is any record of the naturalization of Albert Stemacher.-Aus. No, sir.

Ques. 33. Tell the commissioner whether there is any record of the naturalization of Albert Schondle.

(Contestee objects to the question, for the reason that the record is the best evidence.)

Ques. 34. And the clerk can testify as to its contents?—Ans. I did not say that this is all the record or that the complete records are given. Well, sir; I do not find the name Schondle; I have looked under the head of "Sh," "Ch," and "Sch."

Ques. 35. Please examine the records of any person of the name Joseph Holthe!— Ans. That name has been used in our courts, because it was spelled Lhotka. I cannot find the name of Holthe as beginning with an H.

Ques. 36. Then look for it as spelled the other way?-Ans. Nor can I find the name commenced with an "L."

Ques. 37. Tell the commissioner whether there is a record of John Vorrel; whether there is such a person of that name with "V" or "W"?—A. No, sir; I can't find it. Ques. 38. Did you look at both "V" and "W"?-Ans. Yes, sir.

Ques. 39. Common record, you say?-Ans. No, sir; not of these books I have examined, nor of records one or two.

Ques. 40. Tell the commissioner whether or not there is a a record of the naturalization of Weutzel Patera?-Ans. There is a record of Wa Clan; Shimek says that that is the same as Weutzel, which means James in English.

Ques. 41. Tell the commissioner whether there is a record of the naturalization of James Latcima?-Ans. Here is Weutzel Letzingal.

Ques. 42. What book is this, Mr. Bradley?

[Presents the book of the witness. ]

Ans. It is the record of naturalization under Judge J. W. McCleary, part of it; I don't know whether all are there or not; also James Cavanagh, county judge.

Ques. 43. Please tell the commissioner whether there is any record of the naturalization of John Carrol?-Ans. Yes, sir; there is on page 488.

Ques. 43. Please turn to that page?-Ans. March 19, '80.

Ques. 44. Who was clerk of the court at that time?-Ans. Mr. George W. Koontz. Ques. 45. Of what county was this Carrol a native?-Ans. Of Ireland.

Ques. 46. Look and see whether there is another John Carrol naturalized--whether there was one naturalized in '66 or '67 ?-Ans. Yes, sir.

Ques. 47. When was that?-Ans. 27th of Oct., 1868.

Ques. 48. Who was the clerk of the court at that time?-Ans. F. H. Lee.

Ques. 49. I will ask you if there is the record of Owen Cawley! (Witness examines the record.)

Ques. 50. Was there any of the naturalization of Owen Caley by the county judge?Ans. There is a record here of Caley's naturalization before Hon. James Cavanagh 24th Oct, '68.

(Record offered in evidence.)

(Contestant objects for the reason that he has not identified any parties who have testified. It is not shown that this Owen Caley is the identical person.)

Cross-examination as to the record:

Ques. 51. Do you know whether that is the record of the county court or not, and if it was that evidence have you that it is except what it has on the face of it?-Ans. I have no other record except what appears on the record.

Ques. 52. What appears on it except copies of naturalization papers?—Ans. Nothing

more.

Ques. 53. Do it purport to be the record of the county court? Is it marked as the record of the county court?-Ans. It is marked first record of naturalization. Ques. 54. What court does it say; is there any heading showing what court it is marked in; is it the court of naturalization?-Ans. Yes, sir; it is marked as naturalization certificate.

Ques. 55. Is there any other evidence except printed certificates that this is the record of naturalization, and does it appear printed on the back?-Ans. No, sir. Ques. 56. Do you know that to be the copy of any record that was kept by the county court at the time that court existed, and a complete record of that county court kept at the time it was in existence ?-Ans. No, sir; only as I found it in the office at the time that I came here.

Ques. 57. What law is there that makes you custodiau of the record of county court, do you know?-Ans. No, sir; I never saw any; only I suppose there was when the county court record was showed.

(Contestee objects as incompetent and immaterial.)

Ques. 58. Is not the record of the county court generally kept with the clerk with the board of supervisors?-Ans. Yes, sir; part of it.

Ques. 59. Do you know of any law that provides that there should be any records of the naturalization of the county court kept by you?

(Contestee objects as calling for a—, and not for a matter of fact.)

Ques. 60. Do you know of any law whereby you are made custodian by the county judge as to naturalization?-Ans. No, sir; I don't know of any.

Ques. 61. What records of the county court are required by law to be kept in your possession; was it from the records of probate?

(Contestee objects, for the reason that the law is the best evidence.)

Ans. None that I know of.

Ques. 62. Does not the State require that the only record that shall be kept by the clerk of courts is the record of probate ?-Ans. I don't know about that.

Ques. 63. Do you know that this a copy of the record used by any court except what is on its face?

(Objection.)

Ques. 64. Is there any indication of the record you referred to?-Ans. Yes, sir; there is to this one.

(Witness refers to the book.)

Ques. 65. Do you know of any record of any court that is not required to be indexed?-Ans. I don't know whether it is necessary or not; we have indexed the majority of them.

Ques. 66. Is there no index to this book that has been introduced?-Ans. No, sir. Ques. 67. Is there anything outside of the printed sheets of this book indicating that it was other than you find it now; were there any copies of certain naturalization papers?-Ans. All I can find out about it I find on the face of it.

Ques. 68. State whether it is written or printed.-Ans. It is partly written and partly printed.

Ques. 69. What portion of it is written and what portion printed; is it not a blank naturalization paper, with the name of the party and the date, and the title of the court written out?-Ans. It has the date, and the name of the court, and the name of the presiding county judge, also the name of the person naturalized, and the place where he was born, and the name of the court; also the name of the reigning sovereign of the country where the naturalized person came from.

Ques. 70. That it is simply printed blank of naturalized record filled out, without indicating who did it other than what is written in the certificate?—Ans. I don't understand the question.

Ques. 71. Is there anything more than the blank naturalization paper filled out and unsigned?-Ans. Yes, sir; it is unsigned, but the name of the immigrant appears on it; the judge, as it appears here, was judge and ex officio clerk.

Ques. 72. Is it certified anywhere in the book as being the record of the county court by any certificate ?-Ans. No, sir; I believe not.

Ques. 73. Do you know that this, the only record that was kept by the county court-Ans. No, sir; I don't know.

Ques. 74. Do you know that the records you have noticed are all the records of naturalization in Johnson County ?-Ans. No, sir, I don't; I did not examine the records in any office to know whether they were complete or not.

Redirect:

Ques. 75. Does this last book No 2 seem to be the only record of naturalization of district and circuit court of Johnson County?-Ans. I can't say positively; this is a record in use now, but I can't say positively what it is.

Ques. 76. How far back does it date ?-Ans. The first entry made in this book of naturalization in the district court was made on the 6th of Nov. 1860.

Ques. 77. Now, then, is that book used and kept as a record of naturalization since that of all the naturalizations that had been made in the District and circuit courts? -Ans. I don't say as to that only as to my term of office.

Q. 78. Do you know of any other book, any other office, in which there is another copy?-A. No, sir; I don't know of any other book which purports to be the record of the county court of naturalization.

Q.79. Where did you find that book-that book which Mr. B. Brown has in his hand on the one introduced in evidence among the records? How long have you been in office -A. Over two years.

Q.80. As a matter of fact, are not the records of the old county courts lying in your office-A. No, sir.

Q. 81. Except as to the roads and county matters ?-A. We have the probate records of the county courts; also, what I consider naturalization records. They appear to be naturalization records of the county court; whether complete or not, I do not know. Q. 82. Now then, when where these records begun?-A. Jan. 12th, 1861.

Q. 83. When does it end, and when does the last record of naturalization made?—A. the third of Nov. '68 was the final entry of this book.

Q. 84. Do you know from your own knowledge when the circuit court was organized-A. I forget now.

Q. 85. And when the county court ceased to be; was it on the 1st of Jan. 1869 !—A. Yes, sir; I believe so.

Q. 86. When does this book that is called No. 1-when does it begin?-A. The first entry is made on the 31st day of May, 1859.

Q. 87. Now turn to the record that you made of Mr. Cowley, and see if you can find the records of naturalization of Owen Cowley; and if so by what court? (Contestee objects to the question, that it is not the best evidence, record being best evidence.)

A. Yes, sir; it has.

Q.88. What court is it in ?-A. County court.

Q.89. Do you identify that book as the record of the county court of naturalization, and are you the custodian of it?-A. Yes, sir; I am custodian of this book.

Q.90. Do you identify it as the record of the county court, the record of naturalization -A. Only by what appears on its face.

Q. 91. Do you recognize that as the book of record of naturalization?-A. Yes, sir; I do.

Q.92. What is it you call this book?-A. Sole record of the county court.

Q. 93. Well, I will now offer in evidence this record.

(Copy offered in evidence.)

(Contestee objects for the same reason—that the record is without paging; because there is no index to it; because it does not purport to be the record of any court on its face. It is simply a lot of printed pages, certificates to be filled out. They may have been made by any one; because the law requires that all records shall be signed by each judge; also, incomplete and immaterial.)

(The copy read in evidence containing copy of the naturalization record of Owen Cawley.)

UNITED STATES OF AMERICA,

State of Iowa, Johnson County, 88:

Naturalization.

Be it remembered that at the term of the county court, on and for said county, in State of Iowa, on the 24th day of October, in the year of our Lord 1868, was presented the Honorable Jas. Cavanagh, sole presiding judge and ex-officio clerk of said court, when the following proceedings were had, to wit: Owen Cowley, native of Ireland, at present residing in the said State, appears in said court and makes application to be admitted to become a citizen of the United States, and it appearing to the satisfac

tion of the court that he served in the Army in the United States in the late rebellion, and has been a resident of the United States over 5 years before his application for admission; that it was bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance to any foreign prince, potentate, State, or sovereignty whatsoever, and particularly to Victoria, Queen of Great Britain, to whom he was formerly a subject; and said applicant having declared on oath before this court that he will support the Constitution of the United States, and that he doth absolutely renounce and abjure all allegiance to every prince, potentate, State, or sovereignty whatsoever, and particularly to Victoria, Queen of Great Britain, to whom he was a subject, the court being satisfied by the testimony of Daniel Flaltes that said applicant has resided in the United States for the term of five years next preceding his admission, without having been at any time within the said five years out of the United States, and within the State one year at least; and it further appearing to. the satisfaction of this court that during that time he has behaved himself as a man of good moral character, attached to the Constitution of the United States, and well disposed to the good order and happiness of the same; thereupon the said court admitted the said applicant to become a citizen of the United States, and ordered the proceedings aforesaid to be entered upon the record, which was accordingly done by the clerk of this court.

Q. 94. I will ask you if you find the record of the naturalization of John Crey, in the fall of 1868 ?-A. Yes, sir.

Q. 95. What is the date of that record ?-A. 19th of Oct., 1868.

Q. 96. In what court was that?-A. County court.

Q. 97. Who was the judge?-A. Jas. Cavanagh.

(Contestee offers in evidence the record of John Cooney.)

Q. 98. Is this the record of John Cooney?-A. I don't know whether it is or not; I have no evidence of it.

(Contestee now offers in evidence the record of naturalization of John Cooney, the witness who was examined this forenoon, before Jas. Cavanagh, as appeared in the same book before referred to, being the record of the county court.

Contestant objects to the same, for the reason that the record is not identified as any record, and as the record does not purport to be the record of any court; because the record is not signed as required by law; because it does not appear that the witness who has presented it is the custodian of any such record; because the printed record of naturalization of John Cooney does not appear to be the same John Cooney who has testified before this commission.

It is agreed that the form is the same as the one which is read in evidence, being the record of the naturalization of John Cooney, native of Canada; also it appearing to the satisfaction of the court that he came into the United States under the age. of 18 years, and has resided in the U. S., &c., the court being satisfied, by the oath of Michael Cooney, that said applicant has resided in the U. S. for the term of 5 years.) Q. 99. Did you find the record of the naturalization of Jas. Loney?-A. Yes, sir. Q. 100. I will ask you if this is the record of the naturalization of Jas. Loney?—A. Yes, sir; it appears so here. I have nothing to identify it by.

(Referring to the same book.)

Q. 101. I will ask you what this book is you have before you?-A. What is it? Q. 102. Yes, sir.-A. I got it in the clerk's office.

Q. 103. Is it not the record of the county court, the naturalization record?-A. I cannot swear it was; I found it there since I came there. I supposed it was, but have nothing to show me that it was anything more than what appears on the face of it.

Q. 104. Do you know of any other book of records of naturalization; is there any other in your office court for this period?-A. No, sir; I don't know of any except this one.

(Contestee offers the record in evidence.)

A. Well, this naturalization business, for years gone by, had been pretty badly mixed up. We find them in the court records or minutes, in the index of the court records; we find them in this book--in fact, in all three of these books.

Q. 105. There is no question of its having been done, for you find it in this book, is there?

(Objection.)

A. Here is the naturalization year, dated 1863.

Q. 106. Who is it by ?-A. It does not say.

(Contestee offers in evidenc the record of the naturalization of Jas. Loney, also in the same form as the last record introduced. Both being natives of Ireland, came to the U. S. under the age of 18, and naturalized before Jas. Cavanagh Oct. 17th, 1868, both on the same day, Jas. Loney as witness for Patrick and Patrick witness for Jas.) (Now offer in evidence naturalization of Thos. Reed, before Jas. Cavanagh, dated Oct. 10th, 1868.)