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Cross-examination :

Ques. 9. Do you know his age absolutely?-Ans. Yes, sir; that is what I have been told. He is older than I am.

Redirect:

Ques. 10. That is family history, as you understand it?-Ans. Yes, sir.

($.85 paid as fee by contestee.)

STATE OF IOWA,

Marshall County, 88:

CHARLES S. AUSTIN.

N. PETER HANSON, being produced and sworn before J. H. Bradley, notary publio for Marshall County, on this 11th day of April, '83 (T. Brown appearing on the part of contestant, and J. H. Bradley on the part of contestee), testifies as follows:

Ques. 1. Did you vote in this State at the last Nov. election?-Ans. I voted for Mr. Frederick.

Ques. 2. What ward did you vote in?-Ans. Fourth ward.

Ques. 3. You voted for Frederick for Representative in Congress?-Ans. Yes, sir. Ques. 4. You worked for Frederick?-Ans. Eleven years.

Ques. 5. Where were you born?-Ans. In Denmark.

Cross-examination:

Ques. 6. How long have you been a voter?

(Contestant moves to strike out the answer as incompetent and immaterial, being a statement of the records without producing them.)

Ans. I got my paper when Mr. Frederick was at home.

(Witness returns with proper naturalization papers, dated June, '82. Papers admitted by the parties to be good and sufficient.)

It is agreed that WILLIAM BRODHEAD is a resident and occupant of the "PoorHouse Farm," in Marshall County, and that he was unable to appear, but will testify as follows:

That he did not read his ticket at the last Nov. election, State of Iowa, Washington Township, but supposed that he was voting a straight Democratic ticket, and that he got his papers at New Orleans, in the year 38 or '39, he is not positive which. He got them from George Baldwin; that he voted in Washington Township, and is 87 years old. Now, E. S. Shaw says that he will testify and thinks that he is in his 78th year. I think that is his age from the register. He got his first papers and made application at a place called Brigham City, Utah Territory; got second papers at Omaha, Neb., and Samuel Wedlock was his voucher. He was going to a place where he usually stopped and left them in an old trunk here, and says that he voted straight Democratic ticket. This man also is a resident of the Poor-House Farm."

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(The agreement is that the witness would testify as above. Also, that neither of these men never were naturalized in this county; the second man mentioned was naturalized several years ago.)

STATE OF IOWA,

Marshall County, 88:

HENRY SCHNEIDER, being produced and sworn before T. Brown, a notary publie for Marshall County, on this 11th day of April, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, J. H. Bradley on the part of contestee):

Ques. 1. Where do you live?-Ans. I work for Bowman's, in this city. I voted last
November election for Frederick for Congress.

Ques. 2. In what ward did you vote, Mr. Schneider?-Ans. In the 4th ward.
Ques. 3. Where were you born?-Ans. In Wisconsin.

Ques. 4. Were you born in Wisconsin ?-Ans. Yes, sir.

Ques. 5. How long have you lived in this city?—Ans. Over three years; three years last month.

Ques. 6. Did you know Mr. Wellinggan?-Ans. Yes, sir.

Ques. 7. Do you know whether he voted at the last November election?-Ans. I don't know whether he voted at the last November election.

Ques. 8. You didn't see him vote?-Ans. No, sir.

Ques. 9. Did you know John Stendove?-Ans. Yes, sir; I know him.

Ques. 10. He was at work for Bowman last fall?-Ans, Yes, sir; he used to work there; I do not know where he works now.

Ques. 11. Do you know whether he voted last election -Ans. I cannot tell you. HENRY SCHNEIDER.

85 cents paid as fee by contestee.

STATE OF IOWA,

Marshall County, 88:

JOSEPH BERANEK, being produced and sworn before T. Brown, a notary public for Marshall County, on this 11th day of April, A. D. 1883, testifies as follows (J. H. Bradley appearing on the part of contestee, and T. Brown appearing on the part of contestant):

Ques. 1. Did you work for Bowman?-Ans. Yes, sir.

Ques. 2. Did you vote at the last election in this city?-Ans. Yes, sir.

Ques. 3. Did you vote for Frederick?-Ans. Yes, sir.

Ques. 4. In the fourth ward?-Ans. Yes, sir.

Ques. 5. Where were you born?-Aus. At La Crosse, Wis.

Ques. 6. Did you know whether Frd. Slungman voted last fall or not?-Aus. I do not know whether or not; I did not see him at all.

Ques. 7. Did you know John Lengan?-Ans. No, sir; I do not know him.

Ques. 8. Did he work at Bowman's?-Ans. I do not remember that.

Ques. 9. How old are you?-Ans. I am 22-going on 22 on the 24th of August.

Ques. 10. You were 21 last August, were you?-Ans. In this August coming I will be 22.

Ques. 11. Were you 21 last Angust?-Ans. Yes, sir. ($0.85 paid as fee by contestee.)

STATE OF IOWA,

Marshall County, 88:

JOSEPH BERANEK.

GEORGE BOWMAN, being produced and sworn before T. Brown, notary public for Marshall County, on this 11th day of April, 1883 (T. Brown appearing on the part of contestant, J. H. Bradley appearing on the part of contestee), testifies as follows: Ques. 1. Do you know George Stendove?—-Ans. Yes, sir.

Ques. 2. He worked for you last fall?--Ans. Yes, sir.

Ques. 3. Did he vote at the last November election?-Ans. Don't know whether he did or not.

Ques. 4. Did you know of his coming to the polls?-Ans. Well, sir, I think that he voted.

Ques. 5. Do you know what ticket he voted?-Ans. I don't know, I am sure. Ques. 6. Did you see him vote any ticket?-Ans. Well, I think that he voted. Ques. 7. Do you know whether he voted the Democratic or Republican ticket ?— Ans. Well, I think that he voted the Democratic ticket.

(Contestant objects unless he knows positively or not.)

Ques. 8. Don't you know for certain whether he voted or not?-Ans. If he voted I think he voted for Frederick.

Ques. 9. Do you recollect of hearing some talk about it at the time? (Contestant objects; incompetent.)

Ques. 10. Don't you recollect his having voted-having a ticket for Frederick, and talking about his having it; and don't you have reason to believe that he voted it? (Contestant objects; incompetent, leading, hearsay.)

Ques. 11. Were you at the polls when he voted?-Aus. I don't know whether I was or not; it seems to me I was.

Ques. 12. Don't you remember about the question of his voting for Congressman what it was, and after that he voted for Frederick ?-Aus. Just as I say; I am sure I cannot say.

Ques. 13. Are you right in the impression that he voted?-Ans. Yes, sir; I think so. Ques. 14. He is a Democrat in his politics?-Ans. I think so. I never spoke to him about it.

Ques. 15. About Mr. Willingon, did he vote?-Ans. That is something 1 can't say.
Ques. 16. You don't know whether he voted or not.-Ans. I cannot say.
Ques. 17. Was he working for you then ?-Ans. Yes, sir.

Ques. 18. Where did John Stendove vote-in what ward?-Ans. If he voted at all he voted in the 4th ward.

Ques. 19. Do you know what Wellingon's politics are ?-Ans. No, sir; I never asked him; never had any conversation with him about it.

Ques. 20. Was there a man working for you by the name of John Langan ?—Ans. No, sir; no such man ever worked for use.

Cross-examination:

Ques. 21. You have no recollection of seeing the ticket-of knowing what ticket it was? You don't know what ticket Stendove deposited?-Ans. No, sir; I have no recollection of seeing his ticket at all. My recollection is that he was up there at the time I voted. Steudove quit working the 11th or 12th of last month-that is, in March.

85 cents as fee by contestant.

GEORGE BOWMAN.

STATE OF IOWA,
Marshall County, 88:

GEORGE CATHER, being produced and sworn before J. H. Bradley, notary public for Marshall Co., on this 11th day April, 1883, testifies as follows (J. H. Bradley appearing on the part of contestee, and T. Brown on the part of contestant):

Ques. 1. Where do you live?—Ans. I live here with my family-here in Marshalltown.

Ques. 2. Were you here at the last Nov. election-the State election ?-Ans. Yes, sir. Ques. 3. Did you vote at that election?-Ans. Yes, sir.

Ques. 4. Did you vote for member of Congress?-Ans. Yes, sir; I suppose I did. I had a ticket. I had a gentleman read the names over particularly.

Ques. 5. Did you vote for Mr. Frederick?-Ans. I say I did not read the names, but I called to a man. My sight was not very good; his was. I said, "What kind of tickets have you?" He said, "I suppose you will vote for member of Congress." Ques. 6. You supposed you voted for Frederick?-Ans. I voted what I thought was the straight Democratic ticket. I asked him if he had straight Democratic tickets; he said that he had both kinds. I told him I wanted a straight Democratic ticket. Ques. 7. What ward did you vote in?-Ans. In the fourth ward.

Ques. 8. How long have you lived in the State?-Ans. I have lived in the State most 3 years, lacking a month. Then I was gone, I forget how long a time, perhaps nine months. My family was still here. I came back the first time I voted in June. Ques. 9. How long were you here before Nov. ?-Ans. I came back a year ago this month in April. I worked in Chicago; then I came back in Apr., a year ago this month. I do not recollect the day.

Ques. 10. Can you tell what time it was in April?-Ans. I think it was about the 20th that I came back, as near as I can recollect. I do not remember the date exactly.

Ques. 11. You think it was not earlier than the 20th of April?—Ans. I think it was thereabouts. I worked some in April. I was here some days before I went to work. I think about the 20th of April. I drew pay, as the books show.

Ques. 12. You think you came back about the 20th of April?-Ans. I stated to you that I came back about the 20th of April. I can't tell just the day.

Ques. 13. Are you a native of the U. S. ?-Ans. Yes, sir; born and raised in Penn., and my father before me.

Cross-examination:

Ques. 14. You had a family here, did you?-Ans. Yes, sir.

Ques. 15. Where did they live?-Ans. Here across the street creek on Center street. Ques. 16. In Marshalltown?-Ans. Yes, sir.

Ques. 17. Your family lived here how long?-Ans. They have lived here a number of years. It is perhaps all of 5 years. I cannot answer exactly as to that.

Ques. 18. Were you away only temporarily ?-Ans. Yes, sir; went away and worked some and went back again.

(80.35 paid as fee by contestee.)

STATE OF IOWA,

Marshall County, 88:

G. W. CATHER.

M. J. ROWLEY, being produced and sworn before J. H. Bradley, notary public for Marshall County, on this 11 day of Apr., A. D. 1883, testifies as follows (T. Brown appearing on the part of contestant and J. H. Bradley on the part of contestee): Ques. 1. Were you here at the general election, Nov., last year?-Ans. Yes, sir. Ques. 2. Did you vote at that election in the city-Ans. Yes, sir. Ques. 3. What ward did you vote in ?-Ans. 4th ward.

Ques. 4. Did you vote a full ticket for the member of Congress?-Ans. Yes, sir. Ques. 5. Who did you vote for for Congress?—Ans. Have I got to tell who I voted for?

By BROWN. It is not necessary to tell it at this stage of the proceeding.

Ques. 6. There is this about it: This is a proceeding before Congress. We can ask the House of Representatives to send and arrest a man.-Ans. I voted for Ben. Frederick.

Ques. 7. We don't want to have any trouble about it. You say you voted in the 4th ward-Ans. Yes, sir.

Ques. 8. Now, Mr. Rowley, you work for the Central R. R., don't you?-Ans. Yes, sir; I do.

Ques. 9. How long have you lived in Marshalltown?-Ans. 12 or 13, may be possibly 14. M. J. ROWLEY.

$0.85 paid as fee by contestee.

STATE OF Iowa,

Marshall County, 88:

JOHN HORIGAN, being produced and sworn before me, J. H. Bradley, notary publio for Marshall County, on this 11 day of Apr., A. D. 1883, testifies as follows (T. Brown appearing on the part of contestant and J. H. Bradley on the part of contestee): Ques. 1. Where do you live?-Ans. In the 3rd ward.

Ques. 2. Did you vote at the last general election in 3rd ward-Ans. Yes, sir.
Ques. 3. Did you vote for Mr. Frederick for Congress?-Ans. Yes, sir.

Ques. 4. What is your age, Mr. Horigan?-Ans. 23 years old last June.

Ques. 5. Is your father Peter Horigan?-Ans. Yes, sir.

Ques. 6. You say yon are 23 years old?-Ans. Will be next June.

Ques. 7. You say you voted in the 3rd ward?-Ans. Yes, sir.
Ques. 9. Did the sheriff pay you any fee?-Ans. No, sir.

Ques. 10. I will pay you 85 cents.

$0.85 paid as fee by contestee.

STATE OF IOWA,

Marshall County, 88:

JOHN HORIGAN.

W. J. ROLLEY, being produced and sworn before T. Brown, a notary public for Marshall County, on this 12th day of April, A. D. 1883, testifies as follows (T. Brown ap pearing on the part of contestant, and J. H. Bradley on the part of contestee):

Ques. 1. Where do you live?-Ans. In the 3rd ward.

Ques. 2. Are you a brother of M. J. Rolley, the last witness?-Ans. Yes, sir.
Ques. 3. Did you vote last election in the 3rd ward?-Ans. Yes, sir.
Ques. 4. Did you vote for Mr. Frederick for Congress?-Ans. Yes, sir.

Ques. 5. How long-Whereabouts in the 3rd ward did you live?-Ans. South 1st st., 504.

Ques. 6. How long have you lived in that ward?-Ans. Between 13 and 14 years. Ques. 7. You worked for the Central Railroad Co. ?

($.85 paid as fee by contestee.)

STATE OF IOWA,

Marshall County, 88:

W. J. ROLLEY.

JOHN LACINA being produced and sworn before T. Brown, a notary public for Marshall Co., on this 11th day of April, A. D. 18-3 (T. Brown appearing on the part of contestant, and J. H. Bradley on the part of contestee), testifies as follows:

Ques. 1. Where do you live?-Ans. In Quarry, State of Iowa, Marshall Co.
Ques. 2. Did you vote at the last Nov, election, 18827-Ans. Yes, sir.
Ques. 3. Did you vote for the candidate for Congress?-Ans. Yes, sir.

Ques. 4. For which one did you vote, Frederick or Wilson?-Ans. Well, I voted the straight Democratic ticket. I always did. I voted in Legrand Township. Ques. 5. You understood that Mr. Frederick's name was on the ticket for Congress, did you?-Ans. Yes, sir.

Ques. 5. Where have you lived during the past 2 years?-Ans. There, at Quarry. Ques. 6. Are you the same Lacina convicted of conspiracy over here? (Brown objects; not the best evidence.)

Ans. Yes, sir.

Ques. 7. Were you sent to the penitentiary for that offense?-Ans. Yes, sir.
Ques. 8. Was it about July, 1881?-Aus. It will be 2 years in June; 27th.

Ques. 9. Did you serve your time out?-Ans. Yes, sir; I did.

Ques. 10. Was it in this Co. you were convicted?-Ans. Yes, sir; I believe so.
Ques. 11. That was the Iowa penitentiary, was it?-Ans. Yes, sir.

Cross-examination:

Ques. 12. Did you get a pardon?

(Contestant objects to the question; not proper.)

Ques. 13. Did you get a pardon? Any remission of that time?-Ans. Well, I was sent for three months, but I didn't stay three months, but I got off 6 days sooner than my time.

Ques. 14. You say you were sent for three months?-Ans. Yes, sir.

Ques. 15. Did you get any papers when you came out?-Ans. No, sir.

Ques. 16. Let us see what you have got?

(Witness produces papers-the same offered in evidence. The same is a certified copy of the record of naturalization of this man, dated 23 June, 1882, from the Marshall Co. dist. court, certitied in due form of law.)

Redirect:

Ques. 17. Did you receive any papers of pardon from the governor-Ans. No. sir. Ques. 18. You simply got off 6 days for good behavior; is that what you call it ↑— Ans. I do not know anything about that.

Ques. 19. This paper you got since you came out?-Ans. Yes, sir.

Recross-examination:

Ques. 20. You may state whether you served your whole time out?-Ans. Yes, sir; within 6 days; I would have bad to stay 6 days longer.

(Witness states that he was not naturalized before his conviction.)

(85 cents paid as fee by contestee.)

STATE OF IOWA,

Marshall County, 88:

JOHN LACINA.

C. L. PETIT DEMANGE, being produced and sworn before J. H. Bradley, notary public of Marshall County, on this 11th day of Apr., 1883 (J. H. Bradley appearing on the part of the contestee, and T. Brown on the part of the contestant), testifies as follows:

Ques. 1. Where do you live?-Ans. State Center.

Ques. 2. Did you vote at the Nov. election held at State Center on the 7th of Nov. last fall?-Ans. Yes, sir.

Ques. 3. At the general election whom did you vote for for candidate for Congress! -Ans. I forget.

Ques. 4. Yon voted, did you?-Ans. Yes, sir; for somebody.

Ques. 5. What ticket did you vote, Democratic or Republican?-Ans. I have forgotten that.

Ques. 6. Who was present when you voted ?-Ans. I can't understand.

Ques. 7. You say that you voted?-Ans. Yes, sir; State Center.

Ques. s. Do you know what candidate you voted for? Do you know this man with

a hat on (pointing to Frederick)?-Ans. Yes, sir.

Ques. 9. Did you vote for him?-Aus. I don't know the name.

Ques. 10. Do you know his name?-Ans. Yes, sir; I do now.

Ques. 11. Did you vote for Frederick ?-Ans. I have forgotten everything.

Ques. 12. Have you been sick since?-Ans. I can't tell.

Ques. 13. Have you been sick since then?-Ans. I can't tell.

Ques. 14. Don't you know what ticket you voted ?—Ans. I have forgotten. My son was shot; I have had trouble.

Ques. 15. Did you see the ticket you voted?-Ans. Yes, sir; I wanted to see it before I voted.

Ques. 16. Was it Democratic or Republican ticket?-Ans. I have forgotten.

Ques. 17. Do you mean to say that you have forgotten how you voted ?—Ans. I don't know whether it was Democratic or Republican ticket.

Ques. 18. Don't you know whether you voted Democratic or Republican ticket ?-Aus. I have forgotten; I can't tell.

Ques. 19. Did anybody give you a ticket?-Ans. 5 or 6 gave me tickets.

Ques. 20. For whom did you intend to vote for Congress, Frederick or Wilson ?-Ans. I thought to vote for that name that you say.

Ques. 21. Did you intend to vote for Frederick, Wilson, or Platner?-Ans. I have forgotten now.

Ques. 22. You have forgotten how you did vote; don't you know what party you voted for -Ans. I don't understand that.

Ques. 23. Don't you know which side you voted with, or for whom?

(Shakes head.)

Ques. 24. What was the paper you gave that gentleman? Have you a son?-Ans. Yes, sir: Ernest.

Ques. 25. Is there another man of that name at State Center?-Ans. I have one brother.

Ques. 26. What is his name?-Ans. Sylvester.

Ques. 27. Have you a wife?-Aus. Yes, sir.

Ques, 28. Have you a family at State Center?-Ans. No, sir; only one boy.

Ques. 29. How old is your boy?-Ans. Twenty.

Ques. 30. How old are you?-Ans. Fifty-three.

Ques. 31. How long have you lived in Iowa ?-Ans. At State Center, Iowa, some 11 years.

Ques. 32. Where were you born?-Ans. What county I came from?

Ques. 33. Yes, sir?-Ans. From France.

Ques. 34. When did you leave France? You recollect these things pretty well; you lived in State Center eleven years?-Ans. Yes, sir; and a half.

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