Ques. 31. Do you know that he didn't put his hand in his vest pocket and pull out a ticket? Ans. I am satisfied in my own mind; that is all I can say. He might have had a dozen in his pocket for all I know. Ques. 32. Did you say this other man's name was Delaware?-Ans. Yes, sir. Ques. 33. Where does this man Delaware live, since he came from Canada?-Ans. In State Center Township and Minerva Township. Lived in State Center some years ago. Was there 8 or 10 years ago, may be longer. Ques. 34. How far was he from Storey County?-Ans. He has a piece of land in Story County; but doesn't live on it. Ques. 35. Does he not do business there in Nevada?-Ans. He pays taxes for land there. Ques. 36. But he has rented his farm to his son? Redirect: Ques. 36. This Mr. Demange, you say, you gave him a ticket as you were going over?— Ans. I gave him a ticket at the shop; I walked over with him. Ques. 37. Went right to the polls and voted?-Ans. Yes, sir. Recross-examination: Ques. 38. You say you voted the Democratic ticket ?-Ans. Yes, sir. Ques. 39. Do you know that the name of Frederick was on the ticket as member for Congress? Ans. Yes, sir. Ques. 40. Do you know whether he got any other ticket or not?-Ans. As I said before, he might have had some in his pocket. Ques. 41. You don't know absolutely what tickets were in his pocket?-Ans, I am certain in my own mind. Ques. 42. I want to know, though, whether you are absolutely certain what ticket he voted.-Ans. Yes, sir; I think so. Ques. 43. Do you know that he could not have changed that ticket before he got there? Ans. I have seen three-card monte men handle cards pretty quick, but I don't think he did. Ques. 44. Did you keep your eye upon that ticket all of the time?-Ans. He had it in his hand and carried it in his hand. Ques. 45. Suppose he had other tickets; he could have voted whatever he pleased?— Ans. Yes, sir. Ques. 46. What were you giving Democratic tickets if you were Republican?—Ans. I was working for constable more than any one else. Ques. 47. Was he Republican?-Ans. Yes, sir. Ques. 48. Then there was a Republican on the ticket?-Ans. Yes, sir; he wrote it down there; we wrote the constable on the ticket. Ques. 49. Your township ticket had all to be written down?—Ans. No, sir. Ques. 50. Some were printed?-Ans. Yes, sir; on both sides. Ques. 51. How near the polls did you go with this man?-Ans. About half the distance between the door and the table; three or four feet from him; it might have been five feet. Ques. 52. Now, were you conversing with other men?-Ans. No, sir; not at that time. Ques. 53. Did you talk with anybody from the time you started with him, besides him, until you got to the polls?-Ans. No, sir; I don't think so. Ques. 54. Did you meet anybody in the hall?-Ans. No, sir; there is no hall there. Ques. 55. Do you know that you did not meet anybody or have your attention attracted by anybody else?-Ans. I didn't give any other ticket, although I saw other men. Ques. 56. May you not have spoken to them?—Ans. It is likely that I might have spoken to some one. Ques. 57. How did you walk, which one ahead?—Ans. Part of the time I was ahead, part of the time side by side. Ques. 58. He had abundance of time to change his ticket if he had a mind to?—Ans. Yes, sir; I say it could have been done; he held the ticket in his hand. Ques. 59. Every man would hold his ticket in his hand when he votes!-Ans. Some held it in their thumb and forefinger, and some in their hands. Ques. 60. He had his in his hand?-Ans. Yes, sir. Ques. 61. Was it folded up? Ans. Yes, sir. Ques. 62. Did you see the ballot from that time until he deposited it in the box?— Ans. Part of the time I could not see the ticket. Ques. 63. Part of the time you walked ahead of him, you say? Ques. 64. Part of the time by his side; we walked over together. Ques. 64. You didn't watch that hand and ticket all the time?-Ans. No, sir. Redirect: Ques. 65. You say you wanted him to vote the Republican ticket?-Ans. No, sir. Ques. 66. He would not do it? Ans. No, sir; he said he would vote for the other man. Ques. 67. He wanted to vote for Frederick, did he?-Ans. Yes, sir. He wanted to vote the Democratic ticket. He would not vote any other ticket. Ques. 68. He agreed to put your man for constable down there?-Ans. Yes, sir; it was written on there. ($2.20 paid as fee by contestee.) STATE OF IOWA, Marshall County, 88: C. T. LAPLANT. EDWARD WILLIGROD being produced and sworn before J. H. Bradley, notary public for Marshall Co., on this 12th day of April, '83, testifies as follows (T. Brown appearing on the part of contestant, and J. H. Bradley on the part of contestee): Ques. 1. You live in the 4th ward?-Ans. Yes, sir. Ques. 2. Did you vote there in the last general election in '82?-Ans. Yes, sir. Ques. 4. Do you know whether your name was on the register or not?-Ans. Yes, sir; I suppose so. I think it was. Ques. 5. That is the 4th ward in Marshalltown, Iowa?-Ans. Yes, sir. Ques. 6. Are you a native of Germany?-Ans. I left Germany in 1848. Ques. 7. Where did you get your naturalization papers?-Ans. I got them in the county and city of Marshalltown, which used to be Marietta. Q. 8. Do you remember when?-A. I came here some time between 1853 and 1856; I do not exactly remember. Q. 9. Did you get both papers at the same time? Did you ever get more than one paper?-A. I believe I got two papers; I made application for citizenship; then I got papers after the proper time; three or four years after. Q. 10. Did you get them in this county?-A. Yes, sir. Q. 11. You remember when you got your first papers?-A. No, sir; I don't remember. Q. 12. You don't recollect when you got the last; have you a certified copy of the last papers at home?-A. I presume I have. Q. 13. It may be difficult to find them?-A. Yes, sir; it would probably be. Q. 14. Do you recollect who the witnesses were with you?-A. No, sir; I don't remember. Q. 15. Now do I understand you to say that you have second papers? Now, if you have them it would set the matter at rest?-A. You mean first papers? Q. 16. Yes, sir; that is, the first.-A. I think I got my second papers of James Williams. Q. 17. You recollect of going twice to Marietta to get them?-A. Well, I went there probably a dozen times, but on different errands. Q. 18. I mean on purpose for these.-A. Yes, sir; I went on purpose. Q. 19. How long do you think it was before the county seat was moved to Marshalltown?-A. Well, that I don't recollect; it was moved here about one year before the Northwestern Railroad run here in 1862. Q. 20. Do you remember who your witnesses were that you had when you obtained your papers; or did you have any witnesses?—A. I think I had witnesses; but I don't remember who they were any more. Q. 21. Now, will you be so kind as to make a sort of copy of your last papers if you have them?-A. Yes, sir; I can do so. Q. 22. Did you vote here prior to 1858?-A. I don't think I did. Q. 23. At the time of your first county-seat contest; did you vote at first county seat contest in 1854? The second, in 1856, when the vote carried; didn't you vote in that election in 1856-57?-A. I cannot remember, it is so long ago. Q. 24. Do you remember whether you voted at the Presidential election in 1856, when Buchanan was a candidate?-A. No, sir; I do not remember that. Q. 25. Do you remember whether you voted when Kirkwood was first elected governor in 1858?-A. I don't think I voted until I voted for Mr. Lincoln for President; I think it was in 1860; still I am not positive. Cross-examination: Q. 26. You are certain you got your citizen first papers?-A. Yes, sir; I am certain of it. Q. 26. You are certain you got the second papers when you got the first ?-A. Yes, sir. Q. 37. You haven't been subpoenaed to produce your first or second papers, have you?— A. No, sir. Redirect: Q. 28. You think you got your papers between 1853 and 1856?-A. That is the time I made my application; some time along there. I think I got my second papers 3 or 5 years after I made my application. Q. 29. Now, have you a place where you keep such matters? Do you recollect of ever having seen that paper since?-A. Yes, sir, I have seen it; but I have lost a good many papers at the time I moved from my old shop to my new store, Mr. D—would not give them up; they were thrown around in his cellar and wasted; I think either Mr. Williams or Mr. G- would probably remember it. Q. 30. Do you remember what court, whether cot. court, and who was judge at the time?-A. I only remember that Mr. Williams was figuring in the cot. court as clerk; that much I remember. Q. 31. Do you remember whether it was Judge Thompson, or Judge Porter, or Judge William C. Smith, or was it the county court?-A. I don't remember that. ($0.85 paid as fee by contestee.) STATE OF IOWA, Marshall County, 88: EDWARD WILLIGROD. JAMES K. JOHNSON, being produced and sworn before T. Brown, notary public for Marshall County, on this 12th day of April, 1883, testifies as follows (J. H. Bradley appearing on the part of contestee and T. Brown on the part of contestant): Ques. 1. You are deputy clerk?-Ans. Yes, sir. Ques. 2. Have you examined the naturalization records of this county?-Ans. Yes, sir; and also all the record that was kept of the district court and the circuit court. Ques. 3. Have you made a minute or memorandum of the facts of the records?—Ans. I have. Ques. 4. Take for instance James Dunn, jr. (Contestant objects to this evidence as immaterial and incompetent and not the best evidence; that the books should be admitted.) Ques. 5. I will ask your attention to the declaratory statement made by James Dunn, and I will ask you if you have ever examined the record in reference to that; and, if so, when you found it was made? (Not the best evidence that the record of it must be taken. Incompetent and immaterial unless the evidence is from the original books; objection to the witness testifying from any document unless the books are produced.) Ans. I have examined all the records carefully, and flnd that there two James Dunns. One made declaratory statement on the 28th of July, '56. The other made declaratory statement 10th of Sept. '66. I also found from a careful examination of the naturalization records of the district and circuit court journals from the beginning, that is from the journal A and journal I, down to the time when the naturalization record was kept; there is no evidence of James Dunn having been naturalized. (Contestant moves to strike out the answer as incompetent, immaterial, being the statement of the records without producing them.) Ques. 6. There have no second papers, you say, been issued ?-Ans. No, sir. Ques. 8. Now take Patrick Dunn.-Ans. On the 27th of Aug., 1866, Patrick Dunn, declaratory statement. There is no record of his being naturalized. (Contestant moves to strike out the ans. as incompetent and immaterial, being a statement of the records without producing them.) Ques. 9. No evidence at all?-Ans. No, sir; none. Ques. 10. Now I will ask your attention to William Broadhead?-Ans. He filed declaratory intention the 5th of Nov., 1868. No subsequent record as to naturalization. (Contestant moves to strike out the ans, as incompetent and immaterial, being a statement of the records without producing them.) Ques. 11. So that William Broadhead, the one we call "Uncle Billy" Broadhead, in the Poor House?-Ans. The name is the same; I suppose that it is the same man. Ques. 12. Did you find the naturalization papers issued to C. L. Renstemmage? If so, give the date? (Contestant moves to strike out the ans. as incompetent and immaterial, being a statement of the records without producing them.) Ans. On the 22nd of June he filed his declaratory statement. Ques. 13. That is all the papers you found issued to him?-Ans. Yes, sir. Ques. 14. You found no official papers issued to him as to a minor?-Ans. No, sir. Ques. 15. Did you find any papers issued to Frank Delaware?-Ans. I did not. (Contestant moves to strike out the ans. as incompetent and immaterial, being a statement of the records without producing them.) Ques. 16. Now, I will ask you if you have gone through these naturalization papers and the records of the courts, by index, or how did you examine them?-Ans. I examined them both ways; first by index and a careful examination of each page. Ques. 17. I will now ask you if there is any record of the naturalization of Edward Willingrod; if so, when was it? (Contestant moves to strike out the ans. as incompetent and immaterial, being a statement of the records without producing them.) Ans. I can find the book and the page from memory. It is in minute-book No. 1, and the county judge records it on page 14; the date is somewhere between '56 and '58. Ques. 18. Were there two papers issued?-Ans. No, sir; it was the official naturalization paper. Ans. And what court was it issued from? (Contestant moves to strike out the ans. as incompetent and immaterial, being a statement of the records without producing them). Ans. From the courty court. William C. Smith was judge. Ques. 19. Now, Mr. Johnson, you say you have examined these records from the beginning, page by page; will you state more fully?-Ans. I have examined the Journals 1, 2, 3, of the circuit court, and Journals A, B, C, of the district court; these form a book called the First Paper or Declaratory Book; I examined them page by page. Ques. 20. Are there more journals in the circuit court?-Ans. Yes, sir. Ques. 21. How far down does the third journal go, of the circuit court?-Ans. It did not go down to '73 at the time that first official naturalization was kept. Ques. 22. And the journals of the district court covered the same period?-Ans. Yes, sir; as long as we had begun the matter. Ques. 23. Up to that time they had begun to print the naturalization record?—Ans. Yes, sir. Ques. 24. Now, Mr. Johnson, I will ask you to bring from the book, if you please-bring all the papers issued to Willigrod; also the declaration of C. L. Petit Demange. (Witness produces naturalization No. 2, belong to the clerk's office in the county.) Ques. 25. Does that contain the declaration of C. L. Petit Demange?-Ans. Yes, sir; on page 117. STATE OF IOWA, Marshall County: Be it remembered on this 22nd day of June, 1882, before C. H. Brock, clerk of the district court in and for said county and State, personally appeared C. L. Petit Demange, who, being duly sworn according to law, did depose and say that he is a native of France, now residing in Marshall County, Iowa; that it is his bona fide intention to become a citizen of the U. S. of America, and to renounce all allegiance and fidelity to other foreign powers, potentate, state, and sovereignty whatsoever, and particularly to the Republic of France, of whom he was a subject. C. L. PETIT DEMANGE. In testimony whereof I have hereunto set my hand and caused the seal of the district court to be attached, at Marshalltown, this 22nd of June, '82. C. H. BROCK, Clerk of the District Court. Ques. 26. Is that the book of the clerk's office of the district and circuit courts?-Ans. Yes, sir; it is. Ques. 27. Is that the office of which you are the deputy?-Ans. Yes, sir. Ques. 28. You may look at your other book and tell us what it is?-Ans. It is called minute-book No. 1. Ques. 29. Of what court and county ?-Ans. Marshall County court; William Smith, judge. Ques. 30. What page is it?-Ans. Page 14. (Same to be put in evidence.) Marshall County, Feb. term, A. D. 1856. On this 26th day of Feb., '56, appeared Edward Willigrod, and producing satisfactory evidence that he had been resident of the U. S. five years, and had resided in the State at least one year, and during that he had behaved himself like a man of good moral character and attached to the principles of the Constitution of the U. S., and well disposed to the good order and happiness of the same; taking oath to support the Constitution, and that he doth absolutely and entirely renounce all allegiance and fidelity to every foreign prince, potentate, state and sovereignty, and particularly the King of Hanover, reigning King of Germany, of whom he was late a subject-Edward Willigrade having produced satisfactory evidence that he had filed his declaration and intention more than two years preceding this time, he is therefore admitted to citizenship. WILLIAM C. SMITH, County Judge. Ques. 31. What do you say the date of that first should be?-Ans. I should say it is Feb. 26th. It has been made the 27th, and then changed to the 26th. Ques. 32. Is there any heading to that paper to show that it was during the county court? Ans. Yes, sir, Marshall County court, Feb. term, 1856. Ques. 33. You say you have formally examined records of clerk's office as to James Dunn, and that you find that they have received no second papers?—Ans. Yes, sir. Ques. 34. That Henry Dunn is not shown to have received any papers whatsoever?— Ans. Yes, sir. Ques. 35. And that William Broadhead received no second papers?-Ans. Yes, sir; I found that John Dunn filed the declaratory intentions Dec. 1st, '73; his final papers granted here Dec. 18th, 1882. Cross-examination: Ques. 36. What is your position in the county, Mr. Johnson?—Ans. I am deputy clerk of the county. Ques. 37. Are you deputy county clerk or deputy county auditor?-Ans. I am both at present. Ques. 38. When were you appointed deputy of county clerk?-Ans. It was on the 10th of April, '83. Ques. 39. When did you make an examination of the county records you have referred to? Ans. Since receiving the appointment. Ques. 40. Where does your work lie; are you engaged in the clerk's office?-Ans. I am at work in the auditor's office. Ques. 41. You retain your position in the auditor's office?—Ans. Yes, sir. Ques. 42. By whom were you appointed deputy clerk?-Ans. By Mr. Mof the district court and circuit. clerk Ques. 43. Since that time you have made an examination of the records?-Ans. Well, I can say that prior to that time I was about two weeks looking up the matter; but I made a thorough review after my appointment. Ques. 44. At what hours of the day were you engaged in that examination; I mean when you first began?-Ans. I was kept during the day, both during the day and during the evening. Ques. 45. All through the days for two weeks were you kept in the investigation of the records?-Ans. Yes, sir. Ques. 46. What portion of the day, what time did you spend in the search?—Ans. The greater portion of the time, except when the board of supervisors were not here; then I worked nights. Ques. 47. How much of the evening did you spend ?-Ans. I would go to work shortly after 7 o'clock and work until 10 or 11 o'clock. Ques. 48. Has your testimony here in reference to the records been that the books before you, except in regard to Edward Willigrode, Mr. Petit Demange, or has it been from your memory or what you found from the examination from the records prior to the time to what you are now testifying?-Ans. I took the minutes of these names only; I had not the names; there names are on the record, and I have used these minutes in refreshing my memory. Ques. 49. Have the books been presented; have you had the books except in the two cases referred to?-Ans. Yes, sir; certainly I had the books. Ques. 50. I mean, did you have any presented here before the commissioner except in the case of Demange?-Ans. No, sir. Ques. 51. Then your testimony, except in the two given in regard to record of Demange, has been given from minutes made by your previous examination?-Ans. That is what I said. Ques. 52. Are you able to swear positively that in the case of James Dunn, or of Thomas Dunn, that no official naturalization papers appeared on record in Marshall County? Are you able to swear positively in the case of Patrick Dunn that no official naturalization papers on the record in Marshall County?-Ans. Yes, sir. Ques. 53. Are you able to swear positively in regard to Henry Dunn that papers or records of naturalization do not exist in Marshall County?-Ans. Yes, sir. Ques. 54. Are you able to swear that he is not naturalized?—Ans. No, sir. Ques. 55. Are you able to swear that neither of the Dunns are not naturalized?—Ans. I might say that there is no record of it in this county. |