Imágenes de páginas
PDF
[ocr errors]

wanted beer !Ans. Yes, sir ; if I see a man going to the pump to light his pipe, I would swear that he was drunk.

JOHN X RODGERS.

mark. STATE OF Iowa,

Tama County, 88 : SAMUEL Connors, being prodnced, and sworn before Amos Rodgers, on this 14th day of April, 1883, testifies as follows (Stivers appearing on the part of contestee, and T. Brown on the part of contestant): Ques. 1. Where do you live I-Ans. Otter Creek Township.

Ques. 2. Mr. Connors, I will ask you if you were at Otter Creek at the last election, in which Frederick and Wilson were candidates for Congress 1-A. Yes, sir.

Ques. 3. I will ask if you voted at that election ?-A. Yes, sir.

Ques. 4. Did you vote the Democratic or Republican ticket I-A. I voted the Democratic ticket; never would have voted the Republican ticket.

Ques. 5. Did you vote for Frederick 1--Ans. Yes, sir.
Ques. 6. Where were you born I-Ans. In Ireland.

Ques. 7. When did you first come to America ?-A. I cannot tell exactly the year; I was only 12 or 15.

Ques. 8. Is this paper here your citizen paper !-Ans. Yes, sir; it is.

U. S. AMERICA,

New Jersey, to wit: I, James Tomlinson, clerk of the court of common pleas, county of Hunterdon, in the State of New Jersey, do hereby certify that Sam'l Connors appealed before the said judges of the said court on the day and date hereof, and by his petition presented to the said court and prayed that he might be admitted a citizen of the U.S. of America; and thereupon the said Samuel Conners, having taken the oath in said. court prescribed by law, was by the said court duly admitted a citizen of the U. S. of America. All of which will appear on the record of said court. In testimony whereof I have set my hand and the seal of the said court this 10th day of September, in the year of our Lord 1855.

JAMES TOMLINSON, Clerk. (Fixed with the seal of Hunterdon County.)

I will get this up to the court-house, and have it recorded, so these Republicans can see. ($1.70 paid as fee by contestee.)

SAMUEL CONNORS. STATE OF Iowa,

Benton County, 88 : FRANK NOVAK, being produced and sworn before Amos Rogers, notary public for Benton County, on this 14th day of April, A. D. 1883, testified as follows (T. Brown appearing on the part of contestant, and Stivers on the part of contestee): Ques. 1. Where do you live I-Ans. At Chelsea.

Ques. 2. What township did you live in at the time of the last election ?--Ans. At Chelsea.

Ques. 3. Were you at the election last fall in which Mr. Frederick and Wilson were candidates for Congress ?

Ask the witness whether he voted at the election in Salt Creek Township, Tama County, Iowa, last November.

Ans. He says that he thinks that he did.

Quos. 4. Ask him what makes him think so.-Ans. Just because he says that he does sometimes come to vote and don't.

Ques. 5. Ask him whereabouts the election was held. -Ans. In Chelsea.

Ques. 6. Ask him if he voted the Republican or Democratic ticket.-Ans. He says he didn't know, because he couldn't read it; he did not know which one he put in.

Ques. 7. Ask him what he went there for 1-Ans. He went down to vote.

Ques. 8. Went down to vote what ticketi-Aus. He says he don't know because he couldn't read it.

Ques. 9. Ask him what ticket he was going to vote 1-Ans. He says that he didn't know which one he was going to vote; he didn't know one from another.

Ques. 10. Ask him who he got the ticket from he voted 1-Ans. He says that he got 80 many of them that he don't know who he got this one from.

Ques. 11. Ask him how many he voted !-Ans. One. ques. 12. Ask him how he knowsi-Ans. Because he threw the others away and

one.

Ques. 13. How many did he throw away; as many as three or four; ask him if he got three or four different kinds 1-Ans. He said he got as many as three of some men; he didn't know whether they were all alike or not. Ques. 14. He doesn't read any himself, does he i-Ans. No, sir.

Ques. 15. Ask him if he voted the ticket he was told to vote 1--Ans. He says he don't know what one he voted, because he could not read it; he don't know whether it was a ticket some one told him to vote or not.

Ques. 16. Ask him who was there when he voted 1-Ans. He says he don't know; that when he got a ticket and went to vote he didn't know who was present.

Ques. 17. Ask him whether he had made up his mind when he went to the election whether he was going to vote the Democratic or Republican ticket I-Ans. He says that he don't know that there was any difference; he went with the intention to vote for an officer.

Ques. 18. He didn't have any mind made up whether he would vote the Democratic or Republican ticket I-Ans. He says that he didn't know that there were two different men and two different parties.

Ques. 19. Ask him if he thought they all voted one way -Ans. He says that he didn't know that; he went with the intention to vote for an officer, but didn't know that there were two different parties.

Ques. 20. Ask him how long he has been in America ?-Ans. 7 years.
Ques. 21. Ask him how old he is 1-Ans. 26 or 27 years old.
Quee. 22. Ask him if he lives with his father I-Ans. No, sir.
Ques. 23. Ask him if he ever came to America - Ans. He thinks not.
Ques. 24. Ask him if he ever got any citizens papers 1-Ans. He took out first papers.
Ques, 25. When was that 1-Ans. Three years ago last March.

Queg. 26. Ask him where he was living last fall at the time of the election I-Ans.
He says that he don't know whose house it is.

Ques, 27. Ask him what man it was that lived at the house where he was living at the time of the election I-Ans. This man is a married man and lives by himself.

Ques. 28. Ask him if he is a married man and lives, and who his neighbors are. Did you ask him if he is a married man and lives alone. Í ask you to ask him who his neighbors are 1-Ans. You ask mne to ask the witness whether he was a married man and lived by himself, and that is just what I asked him.

Ques. 29. Is he a married man and lives without his wife; is that it ?-Ans. Yes, sir, it is.

Ques. 30. Ask him who his nearest neighbor is ?-Ans. Mel Holmes.

Ques 31. How does he know it was election day the time he went down there 1 Ans. Because they gave him a ticket and told him it was election day. Ques. 32. What did he go down to Chelsea for 1-Ans. He lives there in Chelsea.

Ques. 33. Who told hini that it was election, and gave him a ticket?--Ans. Every one that gave him a ticket told him it was.

Ques. 34. Tell hiin to give the name of any one who gave him a ticket 1-Ans. He says he couldn't tell.

Ques. 35. Ask him if he knew the names of those who gave him tickets at the tine.-
Ans. He says that he did.

Ques. 36. Ask him to tell the names of these - Ans. Kemer was one of them.
Ques. 37. Who else 1--Ans. John Prusha gave hiin a ticket.

Ques. 38. What did he do with the ticket Prusha gave him 1-Ans. He says he don't know whether he threw it away or what he did with it. $1.85 paid as fee by contestee.

FRANK NOVAK. STATE OF Iowa,

Tama County, 88: I, Eldon Moran, a notary public for Tama County and commissioner agreed upon to take testimony in this cause, in pursuance of the annexed agreement attached to the testimony of J. L. Adams, whose testimony was taken Apr. 14th, 1883, do truly certify that on the 14th day of April, 1883, in porsuance of the notice hereunto annexed, I took the depositions of the following witnesses: Frank Sankat, Charles Jelinek, Michael Corcoran, Michael Foley, William Gebers, Joseph B. Dvorzark, Wentzel Herezak, Weutzel Husak, Joseph Benda, Owen 0. Connor, Albert Snyder, Peter Kupka, Joseph Vavra, Martin Cibula, Wentzel Novak, Paterick Lynch, Chas. Jelinek, Joseph Varba. Weutzel Cherveny, Anthony Parizek, Frank Cibula, F. W. Prusha, Frank A. Parizek, Martin Herrick, John Bohunil, John Rodgers, Samuel O'Connor, Frank Novak, whose testimony is set forth in the following manner:

Each witness was first by me duly sworn or caused to be sworn in my presence, as provided by law, and when sworn the questions were propounded to him by the respective parties, Benj. T. Frederick, contestant, and James Wilson, contestee, by their respective attorneys, and the question by me read to the witness, who answered the same, and his answer by me in the language of the witness taken down under each question proponnded, and reduced to writing, till the deposition was completed.

H. Mis. 22 -32

I further certify that when the testimony was taken of each witness I carefully read the same over to the witness, who corrected the same, and each correction noted, and said testimony was then signed by the witness and sworn to by him before mo.

I further certify that Brown & Carney appeared as counsel for the contestant (Benjamin T. Frederick), and W. H. Stivers for the contestee (James Wilson).

In witness whereof I have set my hand and seal hereunto, notarially, this 14th day of April, 1883.

ELDON MORAN,
Notary Public for County, Iowa,

and Commissioner agreed upon to take testimony.

UNITED STATES OF AMERICA,

State of Iowa, Benton County, 88.
To BENJAMIN T. FREDERICK, or Brown & CARNEY, his attorneys:

You are hereby notified that, at Vinton, and before Eldon Moran, a comunissioner agreed upon in the County of Benton, and State of Iowa, on the 17th and 18th days of April, A. D. 1883, at 10 o'clock p. m., the contestee, James Wilson, will take the testimony of the following-named witnesses, to wit: J. H. Stephens, J. W. Stratton, R. M. Todd, N. Eisenhaut, s. Ellis, W. Y. Smith, John Ditch, Ed. Strauss, H. E. Railsback, James Stelck, Peter Weine, Clause Hansen, Fred. Hansen, Claus Kap, James McCauley, Adam Gephart, Wm. Gabers, A. R. Pardson, J. M. Finkham, Henry Fossold, John Quindivan, John McGuire, August Peterson, Samuel Lowe,' whose testimony, when so taken and at the proper time, will be read in evidence before the House of Representatives of the United States in the contest made by you for the office of Representative in Congress from the fifth Congressional District of Iowa. Dated at Vinton, Iowa, this 12th day of April, A. D. 1883.

NICHOLS & BURNHAM,

Attys for Contestee. 1 Also, T.J. Mead, Samuel Kelso, and A. B. Cramer, trustees of Polk Township, B. M. Culver and James Brown, clerks of election and township; also ballot-box and pollbook.

UNITED STATES OF AMERICA,

State of Iowa, Benton County, 88 :
To BENJAMIN T. FREDERICK, or Brown & CARNEY, his attorneys:

You are hereby notified that at Vinton, and before Eldon Moran, a commissioner
appointed in the county of Benton and State of Iowa, on the 17 and 18 days of April,
A. D. 1883, at 10 o'clock a. m., at the office of Nichols & Burnham, the contestee, James
Wilson, will take the testimony of the following-named witnesses, to wit: Augustus
Mehan, Andrew Beatty, John Johnson, Patrick Sheely, John Kerns, Thomas Parry,
Edward Newton, Andrew Burkhardt, John Walete, Samuel Archer, Henry Miller,
William Carmon, Shuse Olson, Wm. S. Porterfield, James Hickey, William Handley,
Ole Weland, Andrew Low, Christopher Oleson, and Jacob Jacobson, whose testimony,
when so taken and at the proper time, will be read in evidence before the House of
Representatives of the United States in the contest made by you for the office of Rep-
resentative in Congress from the fifth Congressional district of Iowa.
Dated at Vinton this fourteenth day of April, A. D. 1883.

JAMES WILSON,
By NICHOLS & BURNHAM,

His Attys. UNITED STATES OF AMERICA,

State of Iowa, Benton County, 88 :
To BENJAMIN T. FREDERICK, or BROWN & CARNEY, his attorneys:

You are hereby notified that at Vinton, and before Eldon Moran, a commissioner agreed upon to take testimony in the 5th Congressional district of the State of Iowa, on the 20th day of April, A. D. 1883, at 1 o'clock p. m., the contestee, James Wilson, will take the testimony of the following-named witnesses, to wit (at the office of Nichols & Burnham, in Vinton), residents of Benton County, Vinton, Iowa: P.S. Sinith, A. D. Griffin, Arad Thompson, E. M. Evans, Saml Lowe, residents of Vinton and Taylor Townships, whose testimony, when so taken and at the proper time, will be read in evidence before the House of Representatives of the United States in tbe contest made by you for the office of Representative in Congress from the fifth Congrrasional district of Iowa. Dated at Vinton this 18th day of April, A. D. 1883.

JAMES WILSON,
By NICHOLS & BURNHAM,

His Att'ys.

STATE OF IOWA,

Benton County, 88: Deposition of witnesses produced before me, Eldon Moran, a notary public and commissioner agreed upon to take testimony, and duly sworn by E. M. Evans, a notary public for Benton County, on this 20th day of April, 1883, at Vinton, in pnrsuance of the notice hereunto attached, in a proceeding pending before the House of Representatives of the United States of America in a contested election for the office of Representative in Congress, in which proceeding Benj. T. Frederick is contestant and James Wilson contestee. (Brown and Carney for contestant, and Nichols and Burnham for contestee.)

The following testimony was taken before me: STATE OF IOWA,

Benton County, 88: AUGUST MEEHAM, being produced and sworn before E. M. Evans, a notary public for Benton County, on this 20th day of April, 1883 (T. Brown appearing on the part of contestant, and Nichols and Burnham appearing on the part of contestee), testifies as follows:

Ques. 1. Where do you reside ?--Ans. Tama County.

(Contestant objects to the testimony for the reason that no notice has been given to the witness, nor of his place of residence.)

Ques. 2. Did you live in Vinton, Iowa, last November 1-Ans. I don't know whether I did or not.

Ques. 3. Did you vote at the November election, 18821-Ans. Yes, sir.
Ques. 4. Where did you vote 1--Ans. In Dysart.

Ques. 5. What ticket did you vote, Democratic or Republican 1-Ans. I don't know which I voted.

Ques. 6. What are your politics, Mr. Mayhemi-Ans. Democrat.
Ques. 7. Do you know for whom you voted ?-Ans. No, sir.
Ques. 8. Have you your naturalization papers with you ?-Ans. No, sir.

Ques. 9. You were subpænaed to bring them, were you not 7—Ans. Yes, sir; but the papers got destroyed.

Ques. 10. Where did you get your second papers ?-Ans. Right here in Vinton.
Ques. 11. Did Judge Gilcrest issue them to you !- Ans. No, sir.
Ques. 12. Who did, John Traner ?-Ans. Yes, sir.
Ques. 13. You did not know whom you voted for 1-Ans. No, sir.

Ques. 14. You do not know but what you voted the Republican ticket ?-Ans. I don't know anything whatever about it; I could not read my ticket; how in the world could I tell who I voted for? I had both tickets in my hand.

Qnes. 15. Which ticket did you intend to vote 1-Ans. I intended to vote the Democratic ticket; I do not know whether I did or not.

Ques. 16. Did you intend to vote for Mr. Frederick for Member of Congress from the 5th district of Iowa?

(Objection, leading.) Ques. 17. You may answer the question whether you intended to vote for Frederick for Member of Congress of 5th district 1-Ans. Yes, sir; when I left home.

Ques. 18. Did you at the time you voted intend to vote for Frederick for Member of Congress 5th district Iowa 1-Ans. I cannot answer that question.

Ques. 19. I want to know which you were intending to vote for ? (Objection, leading, incompetent.)

Ques. 20. You know what you intended to do?-Ans. I told you my intention when I left home, that I should vote the Democratic ticket.

Ques. 21. What did you intend to do at the time yon did vote 1-Ans. I told you I did not know which of the two I put in.

Ques. 22. That is not the question.-Ans. That is the one I cannot answer. Ques. 23. Did you intend to vote for Frederick at the time you did vote 1-Ans. Yes, sir; I intended to vote for him, but I don't know which one of them I did vote for.

Ques. 24. Who gave you your tickets |--Ans. I got them from several people there.

Ques. 24. Whom did you get the ticket from that you voted 1- Ans. I do not know, because I had so many in my hands.

Ques, 25. Were they all Democratic tickets 1--Ans. No, sir; they were not. One of them was a Democratic ticket with Wilson's name on it. I don't know whether I pot that in or

Ques. 26. How did you know Wilson's uame was on it if you cannot read 1-Aus. Because the man told me so.

Ques, 27. Did the same man hand you a Democratic ticket that did not have Wilson's name on it 1-Ans. No, sir.

Ques. 28. Another man handed you that I-Ans. Yes, sir.

Ques. 29. You were told at the time that one of the tickets handed to you did not have Wilson's name on it!-Ans. Yes, sir.

Ques. 30. You were told that it was a straight Democratic ticket I-Ans. Yes, sir.

Ques. 31. Tbat was the ticket you intended to vote—the straight Democratic ticket- Ans. Yes, sir; that is what I intended to vote.

Ques. 32. Now, is it not your impression that you voted the straight Democratic ticket I-Ans. No, sir; because I don't know which of them I put in.

Ques. 33. Is it not your impression that you voted the Democratic 1-Ans. My impression was at the time, if I had any, that is the one I voted for ; but I say I don't know which of them I did vote for. I had 3 of them.

Ques. 34. You did not vote the Greenback ticket, did you 1-Ans. I told you I did not know which one of them I voted.

Ques. 35. You haven't any recollection whatever which ticket you voted I-Ans. No, sir.

Ques. 36. You are a Democrati-Ans. Yes, sir.
Ques. 37. You intended to vote the Democratic ticket 1-Ans. Everybody knows that.

Ques. 38. You had a Democratic ticket in your hand-in your possession-at the time you did vote 1-Ans. Yes, sir; also a Republican ticket.

Ques. 39. Well, did you vote the Democratic ticket that you had in your hand lAns. No, sir; I put all 3 in my pocket; when I voted I pulled out one; I don't know which one I voted. Ques. 40. It was your intention to vote the Democratic ticket I-A. Yes, bir; it was.

Cross-examination: Ques. 41. The Democratic ticket you had had Wilson's name on 1--Ans. Yes, sir; one of them.

Redirect:
Ques. 42. And one had Frederick's name on, didn't it I-Ans. Yes, sir.

Ques. 43. That is the one you intended to vote 1-Ano. Yes, sir; but I don't know which one I voted.

Reoross-examination : Ques. 44. You were just as liable to vote the ono for Wilson as the one for Frederick -Ans. Yes, sir; because I didn't know the difference between them, since I can't read.

his AUGUSTUS + MEEHAEM.

mark STATE OP Iowa,

Benton County, 88: THOMAS PARRY, being produced and sworn before E. M. Evads, a notary pablic for Benton County, on this 20th day of April, 1883 (T. Brown appearing on the part of the contestant, and Nichols and Burnham on the part of contestee), testifies as follows:

Ques. 1. Where do you reside I-Ans. Munroe Township, Benton County, Iowa. Ques. 2. Did you vote at the November election, '821-Ans. Yes, sir; I did.

Ques. 3. What ticket did you vote! Democratic or Republican I-Ans. Neither ane.

Ques. 4. For whom did you vote 1-Ans. I voted the Greenback ticket.

Ques. 5. For whom did you vote for Congressman, 5th district of Iowa I-Ans. I voted the straight Greenback ticket.

Ques. 6. Whose name was on the ticket I-Ans. That I cannot tell you, sir.

Ques. 7. You belong to the Greenback party, then, do you l-Ans. Yes, sir; and I voted right along.

THOMAS PERRY. No fee.

STATE OF Iowa,

Benton County, 88 : Deposition of witness, produced before me, E, M. Evans, a notary public and com

missioner agreed to take testimony this 20th day of April, A. D. 1883, in a proceeding before the House of Representatives of the United States of America in a con. tested election for the office of Representative in Congress, in which proceedings Benjamin T. Frederick, is contestant, and James Wilson is contestee, and Nichols & Burnham, appearing as attorneys for James Wilson, contestee, and T. Brown, appearing as attorney for B. T. Frederick:

JOHN JOHNSEN, of lawful age, being produced, and being sworn by E. M. Evans, in due form of law, testifies as follows:

Ques. 1. Where do you reside?-Ans. Fremont Township, Benton County, Iowa. Ques. 2. Did you vote at the November election, 18821-Ang. Yes, sir.

« AnteriorContinuar »