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-Ans. Yes, sir. Ques. 31. That 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?-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-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?-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 ?—Ans. No, sir. Ques. 36. You are a Democrat?-Ans. Yes, sir. Ques. 37. You intended to vote the Democratic ticket?-Ans. Everybody knows that. Ques. 38. You had a Democratic ticket in your hand-in your possession-at the time you did vote-Ans. Yes, sir; also a Republican ticket. Ques. 39. Well, did you vote the Democratic ticket that you had in your hand!— Ans. 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?-A. Yes, sir; 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?-Ans. Yes, sir. Ques. 43. That is the one you intended to vote?-Ans. Yes, sir; but I don't know which one I voted. Recross-examination: Ques. 44. You were just as liable to vote the one 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 OF IOWA, Benton County, 98: THOMAS PARRY, 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 the contestant, and Nichols and Burnham on the part of contestee), testifies as follows: Ques. 1. Where do you reside -Ans. Munroe Township, Benton County, Iowa. one. Ques. 4. For whom did you vote?-Ans. I voted the Greenback ticket. Ques. 5. For whom did you vote for Congressman, 5th district of Iowa?—Ans. I voted the straight Greenback ticket. Ques. 6. Whose name was on the ticket?—Ans. That I cannot tell you, sir. Ques. 7. You belong to the Greenback party, then, do you?—Ans. Yes, sir; and I voted right along. THOMAS PERRY. Deposition of witness, produced before me, E. M. Evans, a notary public and commissioner 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-Ans. Yes, sir. Ques. 3. What ticket did you vote; Democratic or Republican?-Ans. Democratic, Ques. 4. For whom did you vote for Representative in Congress for the Fifth Congressional District of Iowa; for Frederick or Wilson?-Ans. For Frederick. Quest. 5. You are a naturalized citizen, are you, Mr. Johnsen ?-Ans. I would suppose I was. Quest. 6. When did you get your second papers?-Ans. About March, 1860. Quest. 8. Will you produce them, please? (Witness produces papers.) Quest. 9. Before what judge did you appear?-Ans. I do not remember who the judge was then. Quest. 10. Did you know Judge Trayner?-Ans. I believe I did at that time. Quest. 11. Was it before Judge Trayner?-Ans. I do not remember; Mr. Allen, old man Baja, and Charles Baja, his son, six or seven of us, got our papers all the same day. Quest. 12. Yes, sir; that is what the record says; now, did you appear more than once in Benton County in 1860 for the purpose of taking out your naturalization papers-Ans. No, sir, not that I remember; never more than once. Cross-examination: Quest. 13. Is this paper your naturalization paper?—Ans. Yes, sir. (We introduce the same in evidence.) Certificate of naturalization of the United States of America. To all to whom these presents shall come, greeting : Whereas at a term of the district court, begun and held at Vinton, on the eighth day of March, A. D. 1860, therein and for the county of Benton and State of Iowa, John Johnsen, an alien and a native of Ireland, and subject of the Queen of England, personally came before the judges of the said district court and made application to be naturalized under the laws of the United States, and it appearing by sufficient testimony to the satisfaction of said court that the said Johnsen had admitted and declared his intention to become a citizen of the United States, in due form of law, at least two years before making said application, that he had been a resident of the United States for at least five years then last past; and also that during that time he had behaved as a man of good moral character, attached to the principle of the Constitution of the United States, and well disposed to the good order and happiness of the same. Whereupon, by way of said court, and the oath of allegiance was administered in due form of law to the said John Johnsen in open court, that he well would support the Constitution of the United States, and that he will absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whatever, and particularly to Queen Victoria, Queen of England, whose subject he was; and thereby it was ordered by the said court that that certificate of naturalization be granted to John Johnsen according to the form of the Statute of the United States in such case made and provided, as done by the court. Therefore the said John Johnsen is a citizen of the United States. In testimony whereof I, James, and the clerk of the said district court, do subscribe our names and seal of the thereof, at Vinton, this eighth day of March, in the year of our Lord 1860. (Seal of the district court of Benton County.) STATE OF IOWA, Benton County, 88: JAMES CHAPTN, Clerk. JOHN JOHNSEN. THOMAS RADMOND, being produced and sworn by E. M. Evans, a notary public for Benton County, on this 20th day of April, A. D. 1883, testifies as follows (T. Brown appearing on the part of contestant, and Nichols and Burnham appearing on the part of contestee): Ques. 1. Where do you reside ?-Ans. Benton County. Ques. 2. What township?-Ans. Morrow Township. Ques. 3. Is John Radmond your son, the young man standing here in the office now?-Ans. Yes, sir. Ques. 4. Have you examined your family record to see what his age is ?—Ans. While Mr. Palmer was out, he was up to see my place. Ques. 5. Did you bring the record with you -Ans. Yes, sir; have it with me. Ques. 6. Will you produce it ?-Ans. Yes, sir. (Witness produces paper in court.) Ques. 7. Which name on this record is the record of the birth of your son, John Radmond-Ans. This one here. Ques. 8. Then it is the second name? (Reads it.) Born August 25th, 1862.—Ans. I didn't write his birth down. Ques. 9. Who did make this entry?-Ans. What entry? Ques. 10. The entry in this birth record ?-Ans. My brother, John Radmond. Ques. 12. Did he make all these entries?-Ans. I don't know whether they are right or not. Ques. 13. Is this the only record you have?-Ans. Yes, sir. Ques. 14. This is your family record, in which you keep the date of the birth of your children?-Ans. I think that he did, I don't know whether I am right or not. Ques. 15. This shows that John Radmond was born, August 25th, A. D. 1862.-Ans. Yes, sir; according to that, but I don't know whether it is right or not. Ques. 16. I will introduce the record. (Reads it.) (Contestant objects, as incompetent; also, as not showing that the entry was made before or about the time of the transaction; also, showing that it was not made by any member of the family.) (The same read in evidence.) "John Radmond, born August 25th, 1862. Elizabeth Radmond, born April 17th, 1861. Catherine Radmond, born March 26th, '61. James Radmond, born July 24th, '65," Also, it shows the marriage of James Radmond. "Thomas Radmond married to Catherine Maloney, April 16th, 1860." Ques. 17. Do you know whether your son voted at the November election, 1832?— Ans. I don't know, sir. STATE OF IOWA, Benton County, 88: THOMAS RADMOND. JOHN REDMOND, being produced and sworn before E. M. Evans, a notary public for Benton County, on this 20th day of April, A D. 1883, testifies as follows (T. Brown appearing on the part of contestant, and Nichols & Burnham on the part of contestee): Ques. 1. Where do you reside -Ans. Benton County. Ques. 2. What township?-Ans. Monroe. Ques. 3. Where did you reside in November, '827-Ans. In Benton County, Monroe Township. Ques. 4. Did you vote at the November election ?-Ans. I decline to answer that question. Ques. 5. Who instructed you to decline to answer that question (Brown says: You are not obliged to state that.) Ques. 6. Are you a son of Thomas Redmond -Ans. Yes, sir. Ques. 7. Have you a sister Elizabeth Redmond?-Ans. Yes, sir. Ques. 8. Is she older or younger than you ?-Ans. From what the records show, I guess she be older. Ques. 9. You do not know whether she is older or younger ?-Ans. No, sir. Ques. 10. You have never heard any talk about it in the family, I suppose ?—Ans. No, sir. Ques. 11. Never heard your father say whether she is older or younger than you ?— Ans. Not that I know of. Ques. 12. You do not know whether any of your brothers or sisters are older or younger than you are?-Ans. No, sir; I do not know. Ques. 13. You never heard anything said about it ?—Ans. No, sir. Ques. 14. You cannot tell now whether either one of your brothers or sisters are older or younger than you are ?-Ans. I do not know. Ques. 15. You haven't any idea how old you are yourself-Ans. The record shows,? I guess. Ques. 16. How old are you?-Ans. I do not know. Ques. 17. You never heard anything said about it?-Ans. No, sir. Ques. 18. How old is your youngest sister or brother?-Ans. I do not know that. Ques. 19. Never heard that talked about ?—Ans. No, sir. Ques. 20. Can you tell within 10 years as to how old you are?—Ans. I do not believe I can. Ques. 20. Your best judgment that you are 11 years old?-Ans. I do not know how old I am. Ques. 21. You do not know whether you are 11 years old or not?-Ans. No, sir; I do not know; I expect I am that old anyway. Ques. 22. You say probably you are 11 years old, do you?-Ans. Yes, sir. Ques. 23. Were you at the election in November, 1882-Ans. Yes, sir. Ques. 24. Was your father there?-Ans. Yes, sir. Ques. 25. Did you see any tickets on that day?-Ans. Yes, sir; I saw some. Ques. 26. Did you see a Democratic ticket?—Ans. I do not know whether I did or not. Ques. 27. You cannot say, can you?-Ans. Yes, sir. Ques. 28. Did you see the names on it? Did it mention who were candidates for Congress?-Ans. No, sir. Ques. 29. Did you know that there was anybody running for Congress in this district-Ans. No, sir. Ques. 30. Did you know that anybody was running for township offices; that there was candidates for co. offices?-Ans. No, sir; I never kept any track of them. Ques. 31. Do you know whether there was any State offices, any candidates for State office?-Ans. No, sir. Ques. 32. You never heard anything of that kind talked about?-Ans. No, sir. Ques. 33. You didn't know that we have a Gov. in this State and elect one, did you?-Ans. I never heard them talk about that. Ques. 34. Did you ever hear that we had a Representative in Congress from this 5th Congressional district of this State?-Ans. No, sir. Ques. 35. You never heard of that ?-Ans. I don't believe I did. Ques. 36. You never heard that we had any county officers, did you?-Ans. Yes, sir, I think I have heard of that. Ques. 37. Did you ever hear of such officers as clerk of the court?-Ans. I guess I did. Ques. 38. Who did you hear was the clerk ?-Ans. I didn't hear the name. Ques. 39. You don't know who it is?-Ans. No, sir. Ques. 40. Did you ever go to school?-Ans. Yes, sir; a little. Ques. 41. You can read and write, can you?-Ans. Some; not very much. Ques. 42. Can you read ordinary print-Ans. Yes, sir, I guess I can. Ques. 43. If you should see the names on the ticket you could read the names, you not?-Ans. Yes, sir, I guess so. could Ques. 44. If you should see the name Ben. T. Frederick, you could read that, could you not?-Ans. Yes, sir. Ques. 45. If you should see the name "Democratic ticket," you could read that, could you not?-Ans. Yes, sir. Ques. 46. If you were voting, that would be the ticket you would vote, wouldn't it-Ans. I don't know what ticket I would vote. Ques. 47. Now, to reflect, do you think you are more than 11 years old?-Ans. I guess I am. Ques. 48. How much more than 11 years old do you think you are?-Ans. I don't know. Ques. 49. Do you think you are 2 years more than that?-Ans. Yes, sir, I guess I am. Ques. 50. Do you think you are 15-Ans. I don't know whether I am or not. Ques. 51. You cannot form any opinion as to whether you are more than 15 years old or not?-Ans. No, sir. Ques. 52. Do you know whether you voted at the Nov. election '82, whether you did or didn't?-Ans. No, sir, I don't know whether I did or not. Ques. 53. You don't remember?-Ans. No, sir. Ques. 54. You don't remember whether anybody asked you to vote?-Ans. No, sir. Ques. 55. Or give you a ticket?-Ans. No, sir. STATE OF IOWA, Benton County, 88: JOHN REDMOND. ARAD THOMPSON, being produced and sworn before E. M. Evans, a notary public for Benton County, on this the 20th day of April, A. D. 1883, testifies as follows (T. Brown appearing on the part of contestant, and Nichols and Burnham appearing on the part of the contestee): Ques. 1. Where do you reside?-Ans. Vinton, Benton County, Iowa. Ques. 2. What is your business?--Clerk of the court. Ques. 3. Are you custodian of the naturalization records?-Ans. I am. Ques. 4. Have you the records of the probate court, containing naturalization proceedings of 1860? (Witness refers to the record book.) (Contestee offers in evidence one page of the record of the probate court of Benton County marked on the margin 1860. Contestant objects for the reason that it is not shown to be the record of any court; also, because it is immaterial, incompetent, irrelevant to the issue; because it does not show that the record of naturalization was made by the court; because it is not shown that it relates to the same person, John Jackson, who has been on the witness stand; also, because it contradicts the record of the district court; also, because counsel for contestant offers to show by the clerk that the district court shows that the aforesaid John Jackson was naturalized by the district court.) In the matter of naturalization of John Jackson, an alien, to wit: This 18th day of October, A. D. 1860, came John Jackson in person, before the judge of the county court, in and for Benton County, Iowa, and made application to be naturalized under the laws of the United States; and it appearing from sufficient testimony that the said applicant had made declaration of his intention to become a citizen, at least two years previous to making said application; that he had been a resident of the United States for at least five years last passed, and in the State of Iowa for at least one year last passed; and that during that time he had behaved like a man of good moral character, attached to the principles of the Cons't United States, and well disposed to the good order and happiness of the same. Thereupon the oath of allegiance was administered according to law. Ques. 5. Now, Mr. Thompson, I will ask you whether this is the record kept by the county judge, for the year 1860, of such parties in your office?-Ans. It is. Cross-examination: Ques. 6. Do you know that the John Jackson that is named in your record is this gentleman who has testified here -Ans. No, sir; I don't know that. Ques. 7. Is not John Jackson a common name?-Ans. Quite common. Ques. 8. Do you know any others by that name in this county ?-Ans. No, sir; I don't think I do. Ques. 9. Are you acquainted with all the people in the county ?-Ans. Probably not all of them; no, sir. Ques. 10. Have you looked at the record of the district court of March, 1860, and examined it?--Ans. No, sir. Ques. 11. Is this paper I now present to you (referring to naturalization paper of John Jackson, before introduced in evidence), purporting to be the naturalization paper of John Jackson, now in evidence; does it bear the seal of the district court of Benton County?-Ans. Yes, sir; it does. Ques. 12. Is it signed by the clerk of Benton County, or the man who was clerk at that time?—Ans. I know that he was clerk; I can't say that that is his handwriting. Ques 13. Have you the record of this Mr. Chapin, now before me?-Ans. Yes, sir. Ques. 14. What is your judgment as to that being in the same handwriting of other records made by him, and other signatures of his ?-Ans. I would have to examine to see. Ques. 15. Will you do it?-Ans. Yes, sir. Ques. 16. Have you ever had any reason to dispute any record made by the former clerk, Mr. Chapin, who signed that paper?-Ans. I don't know that I have. (Witness proceeds to examine records at court-house.) Witness having returned, and records being produced, it is agreed between the parties that the records of the clerk show that Mr. Jackson was naturalized as stated in his certificate of naturalization and introduced in evidence. A. THOMPSON, Clerk.. 85c. paid as fee. STATE OF IOWA, Benton County, 88: JAMES HICKEY, being produced and sworn before E. M. Evans, on this 20th day of April, A. D. 1883, testifies as follows (T. Brown appearing on the part of contestant, and Nichols and Burnham on the part of contestee): Ques. 1. Where do you live?-Ans. Union Township, Benton Co., Iowa. Ques. 2. Did you reside there in Nov.; '82?-Ans. Yes, sir. Ques. 3. Did you vote at the general election in '82?-Ans. Yes, sir; I did. Ques. 4. Did you vote Democratic or Republican ticket?-Ans. I cannot tell. Ques. 5. Do you know who you voted for for Representative in Congress?—Ans. I do not know; my memory is short. Ques. 6. What are your politics?-Ans. Most anything; when I find a good man I vote for him. Ques. 7. I will ask you if you are a Democrat in politics?-Ans. Yes, sir; I am. Ques. 8. You can read, can you?-Ans. Yes, sir; I can read a little. Ques. 9. You can read enough to read a ticket?-Ans. Yes, sir; in large print. Ques. 10. Have you got your naturalization papers with you?-Ans. Yes, sir; I think so. Ques. 11. You will let me see them, will you not? (Witness produces papers.) |