(Contestee objects to the instruction of Brown that the witness needs not answer.) (Witness declines to answer.) Ques. 6. Where were you born?-Ans. In Europe. Ques. 7. How long have you been in America?-Ans. Sixteen years. Ques. 9. Did you take out any naturalization papers?-Ans. No, sir. Ques. 10. Now, then, I will ask whether you voted the Democratic ticket?—Ans. I said once I was not obliged to tell how I voted. Ques. 11. I say you are-you can do just as you please.-Ans. I said once I did not want to tell what ticket I voted. Ques. 12. Now we say you must tell; you mark that, if you don't tell we will see which comes out ahead in the end. (Witness refuses to tell which ticket he voted, whether Democratic or Republican.) Ques. 13. Who gave you the ticket you voted?-Ans. I don't know that myself. Ques. 14. You peddled them all day?-Ans. No, sir. Ques. 15. How long did you peddle tickets?-Ans. That is more than I know. Ques. 17. Was he there?-Ans. Yes, sir; he was peddling. Ques. 18. Were you and he peddling the same tickets ?-Ans. That is more than I can tell. Ques. 19. He was carrying them in his hands? Where did you get your tickets?— Ans. On the desk. Ques. 20. Who did you get them from ?-Ans. I took them up from the desk. Ques. 22. What for?-Ans. To know what kind they were. Ques. 23. What kind of tickets did you take up from the desk?-Ans. That is my business. Ques. 24. I insist that you shall tell what kind of tickets you took up from the desk? Ques. 25. Did you vote the same ticket you peddled?—Ans. I didn't say that I will tell that; I said I wouldn't tell what ticket I voted. Ques. 26. You voted the same ticket you peddled?-Ans. That is no one's business. Ques. 27. I want an answer, or I will see that you do tell.-Ans. I won't tell. Ques. 28. Didn't you say a while ago that you peddled tickets yourself?-Ans. I didn't say that I voted the ticket that I peddled. Ques. 29. Didn't I ask you that, if you peddled the tickets yourself? Didn't you tell me that? Yes or no.-Ans. Didn't I say Ques. 30. Yes or no.-Ans. Didn't I say Ques. 31. Say yes or no.-Ans. I say I won't tell you what ticket I voted. Ques. 32. When I ask you what ticket you voted, you told us you voted the one that you peddled yourself.-Ans. I say I peddled tickets; I didn't tell you what ticket I voted. Ques. 33. I didn't ask you that.-Ans. You asked that a while ago. Ques. 34. You peddled it yourself; now what ticket did you vote?-Ans. How many times have I answered that? Ques. 35. I ask you, and expect you to answer.-Ans. That is not my business to answer. Ques. 36. Did not you tell me a minute ago that you voted the ticket you peddled yourself?-Ans. I voted the ticket; I won't say what ticket I voted. Ques. 37. Did not you say that you peddled the ticket that you peddled yourself?— Ans. I say I voted. Ques. 38. Did you vote the ticket you peddled yourself?--Ans. I voted a ticket. I said once I was not going to tell what ticket I voted. Ques. 39. I asked you whether you did not say you peddled the ticket you voted. BROWN. It is not likely that he voted the ticket he peddled. Ques. 40. Answer me yes or no. I ask you whether you picked up off the table Democratic or Republican tickets, and I wait for an answer to that question.—Ans. I will give it whenever I please. (Witness declined to answer the question. After waiting some time the witness said it was Frederick's ticket.) Ques. 41. How long did you peddle Frederick's tickets?-Ans. Well, I staid there, I cannot tell how long it was; I won't say whether one or two hours. Ques. 42. Did you peddle any other ticket?-Ans. No, sir. Ques. 43. Did you vote the same ticket you peddled? Whenever you get ready to answer that question you may signify it. (Brown instructs witness that he is not obliged to tell what ticket he voted. Counsel objects. Contestee objects to the counsel directing the wituess as to whether or not he is obliged to answer the question.) Ans. I voted Frederick's ticket. Cross-examination: Ques. 44. How old were you when you came to the United States?-Ans. I was a little child. Ques. 45. Was your father a voter?-Ans. Yes, sir; he was. Ques. 46. How long had he been a voter before his death?-Ans. He is not dead yet. Ques. 47. How long since he voted? Your father was naturalized, as you understand it?-Ans. I guess so. Redirect: Ques. 48. This Parizek was a brother?-Ans. Yes, sir. $1.75 paid as fee by contestee. STATE OF IOWA, Tama County, 88: F. A. PARIZEK. MARTIN HERRICK, being produced and sworn before L. H. Kinne on the 28th day of April, 1883 (William A. Stivers appearing on the part of the contestee, and T. Brown on the part of the contestant), testifies as follows: (Objected to because the residence of the witness is not given and a false residence given.) Ques. 1. You said where you live. Where do you live?-Ans. Tama County. Ques. 3. Where did you live last fall?-Ans. Same place. Ques. 4. Were you at that election?-Ans. Yes, sir. Ques. 5. Did you vote there in that township?-Ans. Yes, sir. Ques. 6. Where were you born?-Ans. In the old country, Austria. Ques. 7. How long have you been in America?-Ans. 17 years. Ques. 8. How old are you now?—Ans. 37. Ques. 9. Have you been naturalized?-A. No, sir. Ques. 10. What ticket did you vote, the Democratic or Republican?-A. I don't know; I got 3 tickets; maybe I voted the Democrat or the Republican ticket. Of course, I never read them. Ques. 11. Who did you get it from?-Ans. I got it from Mr. Scott. Ques. 12. Who did you get the one you voted from? You can read English ?-Ans. No, sir. Ques. 13. Who did you go to the election with?-Ans. Myself. Ques. 14. Who did you get that ticket of that you voted?—Ans. He gave me one. This Scott gave me one and Rogers gave me one. Ques. 15. Did you say that you wanted a Democratic ticket?-Ans. Well, he told me I did. Ques. 16. Did you tell them?-Ans. Yes, sir; I wanted a Democratic ticket. Ques. 19. So you told them that you wanted a Democratic ticket?-Ans. Yes, sir. Ques. 23. Did you vote it ?-Ans. I don't know. Ques. 24. Have you ever voted any ticket you did not want to?-Ans. No, sir. Ques. 26. Why?-Aus. I pulled one out of my pocket; I cannot tell which one it was. Ques. 27. You say here to the stenographer that you do not know whether you voted the Democratic ticket or not?-Ans. I do not know which one is right. Ques. 28. Did you say that you do not know whether you voted a Democratic or Republican ticket?-Ans. I don't know; I never read it. Ques. 29. You meant to vote a Democratic ticket.-Ans. Yes, sir; and maybe I voted a Republican. Ques. 30. You wanted to vote a Democratic ticket.-Ans. Yes, sir. Ques. 32. When did you have any doubt it first; to-day ?-Ans. No, sir. Ques. 33. When did you first have any doubt; has anybody been talking to you about it?-Ans. Yes, sir. Ques. 34. Asked you what you voted.-Ans. Yes, sir; and I said I didn't know which was the best. Ques. 35. I mean since you have voted, has anybody been talking to you?--Ans. Yes, Ques. 36. Did you tell them that you voted a Democratic ticket?-Ans. That is what I meant; I don't know whether I did or not. Ques. 37. Did you aways tell them that you voted the Democratic ticket, until today? (Brown says that he probably don't know then how he voted). Ques. 38. Now then, Mr. Herrick, who has talked to you since the election ?—Ans. I suppose Scott did. Ques. 39. Since the election?-Ans. Yes, sir. Ques. 40. Didn't you tell Mr. Scott that you voted the Democratic ticketAns. No. Ques. 41. Have you talked to anybody how you voted?-Ans. I voted a Democratic ticket. Ques. 42. Didn't talk to anybody the day before you came on to the stand?— Ans. No, sir. Ques. 44. Did all the Bohemians vote the Democratic ticket?-Ans. Most all. Ques. 46. You do now?—Ans. Of course. Ques. 47. Did you vote a Democratic ticket?-Ans. I don't know for sure. Ques. 48. But you think you did?-Ans. And, my opinion is, I did; I don't know whether I did or not. Cross-examination: Ques. 49. Did your parents come here with you; is your father a voter here?— Ans. Yes, sir. Ques. 50. And your father has been a voter since he came here?-Ans. Yes, sir. Ques. 51. You lived with your father after you got here?-Ans. Yes, sir; 3 or 4 weeks. Ques. 52. You say that you got a Republican and a Democratic ticket at the election?-Ans. Yes, sir. Ques. 53. But you voted one of them and yon can't tell which you voted?—Ans. I don't know; I can't tell. Ques. 54. When you said you voted a Democratic ticket you were telling what you intended to, but don't know whether you did or not?-Ans. Yes, sir. Redirect examination: Ques. 55. How do your know that your father is naturalized?—Ans. He told me. Ques. 57. He told you that he was naturalized in this country?-Ans. Yes, sir. Ques. 61. Your father's name is what?-Ans. John Herrick. (Paid as fee by contestee, 2 dollars.) STATE OF IOWA, Benton County, 88: MARTIN HERRICK. JOHN BOHEMAL, being produced and sworn before Amos Rogers, notary public for Benton County, on this 14th day of April, 1883, testifies as follows (Nichols & Burnham appearing on the part of contestee and T. Brown on part of contestant): Ques. 1. Where do you live?-Ans. In town, here. Ques. 2. This is York township, is it?-Ans. I guess that it is. Ques. 3. Where did you live last election?-Aus. Here. Ques. 4. Were you at the last when Frederick and Wilson ran for Congress?-Ans. I was. Ques. 5. Did you vote at that election?-Ans. Yes, sir. Ques. 6. Did you vote the Democratic or Republican ticket?-Ans. I am not sure for whom I voted. Ques. 7. Did you vote for any one?-Ans. I knew when I voted. Ques. 8. You have forgotten how you voted?-Ans. Yes, sir. Ques. 9. Did you do anything at the election peddling tickets?-Ans. No, sir. Ques. 10. Who gave you your ticket?-Ans. I don't know; I had two or three tickets; I guess I had one from Rodgers; I don't know whether it was you or your brother. Ques. 11. Then what?-Ans. The other one I can't tell for sure who gave it to me; I think Mr. Scott; I don't remember that. Ques. 12. Which one gave you the Democratic ticket?-Ans. I can't tell you. Ques. 14. Where did you live when you were at home?-Ans. Here; I was working on the road. Ques. 15. Did you go there to vote the Democratic or Republican ticket?—Ans. I don't know what kind I did vote. Ques. 16. What kind of ticket did you go to vote?-Aus. It was in my mind to vote the Democratic ticket. Ques. 17. When was it in your mind to vote the Democratic ticket; when you were going to the election?-Ans. I don't know whether I did or not. Ques. 18. You can't tell whether you changed your mind from voting?-Ans. No, sir; I don't know; I think that is what I did; I can't say that I voted the Democratic ticket. Ques. 19. You tell that too often; of course you can tell how you voted; do you want to vote the Democratic ticket? Did you have it in your mind to vote the Democratic ticket when you started?-Ans. Yes, sir. Ques. 20. Did you keep that mind when you voted ?-Ans. Yes, sir. Ques. 21. Didn't you vote the Democratic ticket, don't you think?-Ans. I can't tell that for sure. Ques. 22. What did you vote before that?-Ans. I think I don't know. Ques. 23. forgot it. What makes you think so?-Ans. Well, because it was in my mind; I Ques. 24. Didn't you tell them that you wanted to vote the Democratic ticket?— Ans. No, sir. Ques. 25. How did you know what ticket you voted ?-Ans. Because I had the boss tickets. Ques. 26. Could you read that-them ?—Ans. Yes, sir; a little. Ques. 27. Enough to know what they were?-Ans. Yes, sir. Ques. 28. You could read them enough to tell what was Republican, what was Democratic ticket?-Ans. Yes, sir; that difference. Ques. 29. Didn't you read the ticket you voted?-Ans. I did; some. Ques. 30. Well, was it Democratic or Republican ?-Ans. I am not sure what it was. Ques. 31. You read it to see, didn't you?-Ans. I saw it; I know that. Ques. 32. You read it to see, didn't you?-Ans. I don't understand that. Ques. 33. You read it so as to tell whether or not it was Republican or Democratic? Ques. 34. You wanted to vote Democratic ticket, didn't you?-Ans. Yes, sir. Ques. 36. Now can you tell whether it was or not?-Ans. I have forgotten it now. Ques. 38. You mean you forgot the name?-Ans. Yes, sir. Ques. 39. Was it printed Democratic ticket on the top?-Ans. I don't know for sure; guess that it was. Ques. 40. What makes you guess that it was; because that you read it?-Ans. Because it was in my mind. Ques. 41. Was it also because it was in your mind? (Objection, leading.) Ques. 42. Was that it; it was in your mind to vote Democratic ticket, and you read it to see whether it was Democratic ticket?-Ans. Yes, sir. Ques. 43. You read it and found it just what you wanted?-Ans. Yes, sir. Ques. 44. Then you voted it?-Ans. Yes, sir. Ques. 45. Where were you born?-Ans. In Austria. Ques. 46. When did you come to America ?-Ans. I guess it was '68. Ques. 47. Where did you come to; what part of America?-Ans. To this county. Ques. 48. In '68? Have you lived here ever since?-Ans. Yes, sir. Ques. 49. Have you a father?-Ans. He is dead. Ques. 50. Did he come here?-Ans. No, sir. Ques. 51. Did you come before he died in this country?-Ans. Yes, sir. Ques. 52. When?-Ans. About 7 or 8 years ago. Ques. 53. What was his name?-Ans. John. Ques. 54. Did you ever take out any citizen's papers ?-Ans. Yes, sir. Ques. 55. When?-Ans. Short time ago. Ques. 56. Since the election?-Ans. Yes, sir. Ques. 57. Last Tuesday, at our place, was it?-Ans. May be. Ques. 58. You didn't have citizen's papers at the election-Ans. No, sir; I didn't. Cross-examination: Ques. 59. Did your father ever vote?-Ans. No, sir. Ques. 60. You don't know whether you voted for Frederick or Wilson-Ans. I can't remember the name. Ques. 51. You don't know whether the ticket you voted was a Republican or Dem ocratic in fact?-Ans. I am not sure about that; it was my mind to vote Democratic ticket. Ques. 52. It was in your mind to vote Democratic ticket, and you can't tell whether you actually voted Democratic ticket or not?—Ans. I didn't notice that much. Ques. 53. You got some tickets of some Republican man, didn't you ?—Aus. No, sir, I had the boss ticket. Ques. 54. You don't know now which kind you voted?-Ans. I say I guess I voted the Democratic ticket. Ques. 55. You don't know positively now?-Ans. I am not very sure whether I did or not. .85 paid as fee by contestee. STATE OF IOWA, Tama County, 88: JOHN BOHERMEL JOHN ROGERS, being produced and sworn before Amos Rogers, a notary public for Tama County, on this 14th day of April, A. D. '83, testifies as follows (T. Brown appearing on the part of contestant, and G. W. Burnham on the part of contestee): Ques. 1. Where do you live?-Ans. Oneida. Ques. 2. How long have you lived there?-Ans. Thirteen years, next fall. Ques. 4. Were you at the election last fall in Oneida Township, this co.-Aus. Yes, sir; at Center school-house. Ques. 5. At which Mr. Frederick and Wilson were candidates for Congress ?—Ans. Yes, sir. Ques. 6. Did you vote at that election ?-Ans. Yes, sir; I voted there. Ques. 7. Did you bave citizen papers?-Ans. Yes, sir. Ques. 8. Have you them with you?-Ans. Yes, sir. Ques. 9. Will you please let me see them? (Witness produces papers.) Ques. 10. Did you vote Democratic or Republican tickets?-Ans. I voted Democratic. Ques. 11. Did you vote for Frederick or Wilson for Congress?—Ans. I voted for Frederick. Ques. 12. These are your naturalization papers I hold here, are they?-Ans. Yes, sir. Witness cross-examined: I had a ticket of each kind there. (Same papers offered in evidence-naturalization papers of the witness, John Rogers, showing that he was naturalized on the 15th Feb., '83, before district court, Tama Co., Iowa, Hon. J. D. Griffin, sole presiding judge; Leland, clerk; witnessed with the seal of the district court, Tama Co., Iowa; dated Feb. 15th, '83.) Ques. 13. How long were you at the polls that day?-Ans. A good share of the time; well, I didn't carry a watch. Ques. 14. It does not take a watch.-Ans. Yes, sir; to tell the truth. Ques. 15. About what time did you go there?-Ans. You may keep me in view an hour and a half, and might not think it was an hour; it might be five. I took dinner and footed it down three miles, lacking a few rods. Ques. 16. Did you peddle tickets after you got there?-Ans. No, sir; I am not a peddler. I took tickets. Ques. 17. Did yon peddle tickets?-Ans. No, sir; I took tickets from peddlers. Ques. 18. Did you know Velcome Mowery ?-Ans. I am acquainted with him. Ques. 19. Did you see him there that day, at election? Did you have a talk with him? Ans. Yes, sir. Ques. 20. Before, or after you voted ?-Ans. Before. Ques. 21. How long before?-Ans. A few minutes; I could not tell exactly. Ques. 22. Was it immediately before you voted?-Ans. No, sir; not immediately. It might be an hour or only half an hour. Ques. 23. Did you have tickets there, distributing them to voters?-Ans. No, sir; I did not. start it. Ques. 24. At that time do you recollect having conversation with Mowery as to whom you were going to vote for?-Ans. No such question with me. You need not I was not going to put that question to him. I knew what he was going Ques. 25. I mean as to how you were going to vote.-Ans. He knew that I was going to vote the Democratic ticket. I said that before. to vote. Ques. 26. I didn't hear that you said that before.-Ans. Are you hard of hearing! Ques. 27. No, sir; I forget sometimes. |