Cross-examination: Ques. 28. Did you know who you voted for for State officers ?-Ans. Well, I really don't know. I put in a ticket there. I don't know which carried. I heard afterwards that-it came to my knowledge that mine was in favor of Wilson; I heard so. Q. 29. Did you think that you voted for Wilson?-Ans. Not according to my knowledge. Ques. 30. Did you read Wilson's name on the ticket? Who did you get the ticket from?-Aus. From Valcome Mowery; he put one in. Says he, "John " Ques. 31. Did you get your tickets from others, too?-Ans. I got tickets from Matison, another from Valcome Mowery. I had two tickets; I don't know which it was. Ques. 32. They told you afterward to vote the Republican ?-Ans. I don't know; I could not swear to it. Ques. 33. You may have voted the Republican ticket?-Ans. I wouldn't swear it. Ques. 34. You had both kinds?-Ans. Yes, sir; I had. Ques. 35. You had intended to vote the Democratic ticket, did you?-Ans. I certainly did. Ques. 35. You might have voted the Republican ticket?-Ans. Yes, sir. Redirect: Ques. 38. You say you can't read ?-Ans. I have said so. Ques. 39. You say you got tickets from Matison? What kind of tickets was he peddling?-Ans. For a man that can read them. Ques. 40. Don't you know that they were Democratic or Republican-Ans. How can I swear to that? I don't know. Can you swear through that board? You are asking an unreasonable question. Ques. 41. Do you know anything about what tickets they were ?-Ans. How do I know? Ques. 42. Do you know ?—Ans. No, sir; only supposing. Ques. 43. What do you mean by supposing-Ans. Natural ideas. Ques. 44. What natural ideas?-Ans. Because I thought it might suit myself. Ques. 46. What ticket?-Ans. The one I voted. Ques. 47. The one you always vote?-Ans. No, sir; not the one I always vote. Ques. 48. I thought Mowery knew you of old to be a Democrat?-Ans. Didn't I vote before I came to Iowa, before Mowery ever knew me? Ques. 49. I don't know anything about that.-Ans. I know that you do not know everything; if you did you would be smarter than the rest. Ques. 50. Did you say that Mowery was peddling Republican tickets?—Ans. No, sir; I didn't say anything like that. Ques. 51. Did you know?-Ans. He had somè papers in his hand; more than one or two. Ques. 52. More than one or two?-Ans. Yes, sir. Ques. 52. You say that the reason Mowery didn't say anything to you about voting was because he knew you of old to be a Democrat?-Ans. I reckon so. Ques. 53. You knew Matison to be a Democrat?—Ans. He was formerly a Republican. Ques. 54. I mean at that election.-Ans. I could not tell. Recross-examination: Ques. 55. Did you have papers before you got these papers here?—Ans. I don't know; I was entitled to those papers some time ago. Ques. 56. You never got first papers?-Ans. Yes, sir, I have; but I was entitled to those long time ago, before I went to take them up. Ques. 57. You had both Democrat and Republican tickets handed to you, and you do not know which you voted?-Ans. No, sir, I don't know; I was in favor of so-andso, according to my estimation on both sides; I wanted to vote to suit myself. Redirect: Ques. 58. At the time you voted you knew what you were doing?-Ans. At the time I voted no one was passing anything stronger than water. Ques. 58. You knew what you were doing?-Ans. Yes, sir; if I could read it. Ques. 60. I mean those who gave you the information ?-Ans. I didn't question any person. Ques. 61. You didn't vote a ticket without knowing about it?-Ans. I just saw other parties getting tickets there; I was satisfied from my tickets the same as in a saloon; you go for a glass of beer; you see the sign up, and you go there too. [Great applause.] Ques. 62. The treat is on me; if you saw a fellow going to a sign, is it a sign that he 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. his JOHN × RODGERS. mark. STATE OF IOWA, Tama County, 88: SAMUEL CONNORS, being produced, 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?-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?-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?-A. I voted the Democratic ticket; never would have voted the Republican ticket. Ques. 5. Did you vote for Frederick ?-Ans. Yes, sir. Ques. 6. Where were you born?-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. (Fixed with the seal of Hunterdon County.) JAMES TOMLINSON, Clerk. 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.) STATE OF IOWA, Benton County, 88: SAMUEL CONNORS. 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?-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. Ques. 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?-Ans. He went down to vote. Ques. 8. Went down to vote what ticket?-Ans. He says he don't know because he couldn't read it. Ques. 9. Ask him what ticket he was going to vote?-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?-Ans. He says that he got so 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 knows?-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 ?-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?-Ans. No, sir. Ques. 15. Ask him if he voted the ticket he was told to vote ?-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?-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?-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?-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. 22. Ask him if he lives with his father?-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?-Ans. He took out first papers. Ques. 25. When was that?-Ans. Three years ago last March. Ques. 26. Ask him where he was living last fall at the time of the election ?-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 ?-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. I ask you to ask him who his neighbors are ?-Ans. You ask me 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?— Ans. Because they gave him a ticket and told him it was election day. Ques. 32. What did he go down to Chelsea for?-Ans. He lives there in Chelsea. Ques. 33. Who told him that it was election, and gave him a ticket?-Ans. Every one that gave him a ticket told him it was. Ques. 34. Tell him to give the name of any one who gave him a ticket?-Ans. He says he couldn't tell. Ques. 35. Ask him if he knew the names of those who gave him tickets at the time.— Ques. 36. Ask him to tell the names of these?-Ans. Kemer was one of them. Ques. 38. What did he do with the ticket Prusha gave him?-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. STATE OF IOWA, Tama County, 88: FRANK NOVAK. 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 pursuance 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, Wentzel Husak, Joseph Benda, Owen O. 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 Bohumil, 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 propounded, and reduced to writing, till the deposition was completed. 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 me. 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, UNITED STATES OF AMERICA, Notary Public for State of Iowa, Benton County, 88. County, Iowa, and Commissioner agreed upon to take testimony. TO BENJAMIN T. FREDERICK, or BROWN & CARNEY, his attorneys: You are hereby notified that, at Vinton, and before Eldon Moran, a commissioner 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. 1 NICHOLS & BURNHAM, 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 Representative in Congress from the fifth Congressional district of Iowa. Dated at Vinton this fourteenth day of April, A. D. 1883. JAMES WILSON, 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. Smith, A. D. Griffin, Arad Thompson, E. M. Evans, Sam'l 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 the contest made by you for the office of Representative in Congress from the fifth Congressional district of Iowa. Dated at Vinton this 18th day of April, A. D. 1883. 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 pursuance 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?-Aus. 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?-Ans. I don't know whether I did or not. Ques. 3. Did you vote at the November election, 1882?—Ans. Yes, sir. Ques. 4. Where did you vote?-Ans. In Dysart. Ques. 5. What ticket did you vote, Democratic or Republican?-Ans. I don't know which I voted. Ques. 6. What are your politics, Mr. Mayhem?-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 subpoenaed to bring them, were you not ?-Ans. Yes, sir; but the papers got destroyed. Ques. 10. Where did you get your second papers?-Ans. Right here in Vinton. Ques. 12. Who did, John Traner ?-Ans. Yes, sir. Ques. 13. You did not know whom you voted for ?-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. Ques. 15. Which ticket did you intend to vote?-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?-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 ?-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 you did vote?-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?—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?-Ans. I do not know, because I had so many in my hands. Ques. 25. Were they all Democratic tickets?-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 put that in or Ques. 26. How did you know Wilson's name was on it if you cannot read ?—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 ?-Ans. No, sir. Ques. 28. Another man handed you that?-Ans. Yes, sir. |