Ans. I served in the army three years and two months; one oath ought to be just as good as another. Ques. 12. Can you tell for whom you voted for Representative ?-Ans. It has been so long that I havn't any memory of it; I did not set it down. Ques. 13. Well, I know that; but you can remember that long, can't you ?—Ans. Well, I guess a man could remember it; but I do not remember it now. Ques. 14. Well, did you vote Democrat or Republican ?-Ans. Well, I want to find a good man on my ticket generally and vote for him; sometimes for Democrat; according to how I feel about it. Ques. 15. How did you do last fall?-Ans. As I told you; I say that I can't remember. Ques. 16. You don't remember who you did vote for?-Ans. No, sir. Ques. 17. Did you vote for Wilson?-Ans. I don't know who I voted for; I cannot remember. Ques. 18. Who was peddling tickets in your district?-Ans. A good many of them were peddling tickets down there. Ques. 19. Give me the names of some of them?-Ans. I cannot remember the names. I might have had tickets; lots of them had Democratic tickets. Ques. 20. They had both Democratic and Republican tickets too.-Ans. (Contestee offers in evidence the naturalization papers of this witness.) (Contestant objects as incompetent, immaterial.) Ques. 21. In the first place I will ask you if you are not a Democrat in politics?— Ans. Sometimes. Ques. 22. If you do not usually vote the Democratic ticket?-Ans. Well, if I find a good man in the Republican party I always vote for him; I have every time, sir. Copy of naturalization paper. United States of America. Naturalization aliens. STATE OF IOWA, Benton County: Be it remembered, at a term of the Co. court holden and in said Co. in Vinton therein on the 2nd day of Nov., 1868, was present the Hon. G. M. Gilgrist, sole judge presiding; H. M. Wilson, sheriff of said county, and G. M. Gilcrist, exofficio clerk of said court, when the following, among other, proceedings, to wit: James Hickey, a native of Ireland, and at the present residing within said State, appeared in open court and makes application to be admitted to become a citizen of the U. S.; and it appearing to the satisfaction of the court that he had served in the Army of the U. S. for the time required by law, and upon honorable discharge therefrom that it was bona fide to become a citizen of the U. S., and to renounce forever all agents to any foreign prince, potentate, state, sovereignty whatsoever, and particularly to Victoria, Queen of Great Britain, of whom he was heretofore a subject; and said applicant having declared on oath before this court that he will support the Constitution of the U. S., and that he doth absolutely entirely renounce and abjure all allegiance of fidelity to every foreign prince, potentate, state, sovereignty, and particularly to Victoria, Queen of Great Britain, to whom he was heretofore a subject; and the court being satisfied that said applicant has resided in the U. S. for the term of 5 years next preceding his admission without being at any time during the said 5 years out of the territory of the U. S. and within this State one year at least. It fur ther appearing to the satisfaction of the court that during that time he has behaved as a man of good moral character, attached to the principles of the Constitution of the U.S., and well disposed to the good order and happiness of the same : Thereupon the court admitted the said applicant to become a citizen of the United States, and ordered by the presiding official judge to be entered upon the record. It was accordingly done by the clerk of this court. In testimony whereof, I, G. M. Gilchrist, judge and ex-officio clerk aforesaid, have set my hand and fixed the seal of the city court, at my office in Vinton, in said Co., this 2nd day of Nov., in the year of our Lord 1868. G. M. GILCHRIST, Judge, and ex-officio Clerk of said Court. (Seal of Benton Couty, Iowa.) his JAMES × HICKEY. mark. (Contestee introduces in evidence the poll-book of Moore Township, saying that at Nov. election, 1882, Charles Allbright voted, and also Martin Allbright; Charles Allbright appearing number 37 and Martin Allbright number 40. Contestant objects to saying as immaterial and incompetent. Contestee also introduces naturalization record book No. 2, of Benton Co., page 48. This to show that Martin Allbright was naturalized the 15th Dec., 1882; also page 485 to show that Charles Allbright was naturalized on the 15th Dec., 1882. Contestant objects to the same as immaterial and incompetent, because it does not show that these are the same parties and the same men that voted in Moore Town ship; also, contestee reads from page 486 of same record, naturalization of aliens of the United States of America, State of Iowa, Benton Co.: Be it remembered that at the term of the circuit court, holden in the aforesaid Co., in Vinton, therein ou 15 Dec., in the year of our Lord '52, was present a Mr. Christian Hedges, sole presiding judge; P. S. Smith, sheriff; and A. Thompson, clerk. The following proceeding were had: Martin Allbright, a native of Germany, residing within this State, appeared and was admitted to be a citizen of the United States. An official certificate issued in due form. Also on same day as shown by page 488 of said record, Charles Allbright appeared in said court and before said judge, and such proceedings were had that he was admitted to become a citizen of the United States, and his official certificate issued in due form.) STATE OF IOWA, Benton County, 88: I, Eldon Moran, a notary public for Johnson 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 Feb. 22nd, 1883, in pursuance of the notice hereunto annexed, I took the depositions of the following witnesses: August Meehem, Thos. Perry, Thomas Redmond, John Redmond, Arad Thompson, James Hickey, whose testimony is set forth in the following manner: Each witness was first by me 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 att'ys, 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 of each witness was taken, 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 and Carney appeared as counsel for the contestant, Benj. T. Frederick, and Nicholas and Burnham appeared as counsel for the contestee, James Wilson. In witness whereof I have hereunto set my hand and seal notarial this 20th day of April, 1883. [SEAL.] ELDON MORAN, Notary Public for Johnson County, Iowa, and Deposition of witnesess produced before me, Eldon Moran, a notary public and commissioner agreed upon to take testimony, and duly sworn before me, a notary public for Johnson County, Iowa, on this 24th and 25th day of April, 1883, at Marengo, 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 Benjamin T. Frederick is contestant and James Wilson contestee; Brown and Carney for contestant, and Mr. Simpson for contestee. The following testimony was taken before me: STATE OF IOWA, Iowa County, 88: PATRICK MCGRUE, being produced and sworn before Mr. Feenie, notary public for Iowa County, on this 24th day of April, A. D. 1883, testifies as follows (T. Brown appearing on the part of contestant and Mr. Simpson appearing on the part of contestee): Ques. 1. You may state your name, age, and place of residence.-Ans. Patrick McGrue; 55 years of age; Hartford Township, Iowa county, Iowa. Ques. 2. You may state, Mr. McGrue (Contestant objects to the testimony for the reason that the name and residence of the witness is not in the notice.) Ques. 3. Did you vote at the general election, Nov. 7, 1882 ?-Ans. Yes, sir; I did. Ques. 4. What ticket did you vote?-Ans. I voted the straight Democratic ticket. Ques. 5. Where were you born?-Ans. In Ireland. Ques. 6. What age were you when you arrived in this country ?-Ans. I was 20 years of age. Ques. 7. Did you ever take out any naturalization papers ?-Ans. Yes, sir; I have. Ques. 8. In what State and county ?-Ans. Iowa County, State of Iowa. Ques. 9. Have you your papers with you?-Ans. Yes, sir; I have. Ques. 10. Will you produce them?-Ans. Yes, sir. (Witness produces papers in court.) Ques. 11. Are these all the naturalization papers you ever took out ?-Ans. Yes, sir. (Same paper introduced into evidence by contestee.) Cross-examination: Ques. 14. Have you any other naturalization papers?—Ans. No, sir. (It is admitted by the contestant that the paper is only the first paper, and not sufficient to entitle the witness to vote.) Paid $2.25. STATE OF IOWA, Iowa County, 88: PATRICK MCGRUE. CHRISTIAN MOHRE, being produced and sworn before John Hughes, jr., a notary public for Iowa County, on this 24th day of April, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and A. H. Simpson on the part of contestee): Q. 1. Where do you live?-A. Hartford Township. Q. 2. Iowa County?-A. Yes, sir; Iowa County, Iowa. Q. 3. Did you vote there last fall?-A. Yes, sir; I did. Q. 4. What ticket did you vote?-A. I don't know that that is a fair question to ask. Q. 5. I guess you are not ashamed of what you did?-A. I do not care. I don't know that that question should be asked. Q. 6. Where were you born?-A. In Germany. Q. 7. Have you any naturalization papers?-A. Yes, sir. Q. 8. What age were you when you came from Germany?-A. Fourteen and a half. Q. 9. In what year did you come?-A. Eighteen hundred and fifty-nine, I think. Q. 10. You were then 1447-A. Yes, sir. Q. 11. Did you come with your father?-A. Yes, sir. Q. 12. Have you got naturalization papers ?-A. No, sir. Q. 13. Did you ever vote?-A. Yes, sir. Q. 14. When did you vote?-A. When I was 21. Q. 15. What year was that in ?-A. I don't recollect that, but it was for the first President; I think it was for the one before Abe. Lincoln. Q. 16. You came to the United States in '59, you say?-A. Yes, sir. Q. 17. When was it when Lincoln ran ?-A. În '63 or '64, I think. Well, I think it was in '59 I came. Q. 18. Now we want to be perfectly fair with you-you refuse to say for whom you voted, and have now shown that you were born abroad, and have no naturalization papers. (Brown, on the part of contestant, asks for the privilege of recross-examining the witness before he is required to say for whom he voted.) Q. 19. Was your father naturalized?-A. Yes, sir. Q. 20. Where ?-A. In Illinois. Q. 21. When and in what year?-A. He voted for the President in the same year I did, in 1862. Q. 22. He was naturalized in 1862-A. Yes, sir. Q. 23. Got his second papers, then?-A. Yes, sir. Q. 24. You did not get any papers?-A. No, sir. Q. 25. You came in 1859-A. Yes, sir. Q. 26. With your father?-A. Yes, sir. Q. 27. He got his papers in 18627-A. Yes, sir. Q. 28. You are positive about that?-A. Yes, sir. Q. 29. You are sure he got his second papers in 1862? I must take your word for it.-A. I would not say positive, but I know my father voted. Q. 30. What ticket did he vote?-A. At that time he voted the Republican ticket. Q. 31. I mean at the last election in Hartford Township?-A. I don't know that I ought to answer that question, but if it is proper to answer it I will do it. Q. 32. We have had three or four hundred witnesses, and all but one have told how they voted.-A. I would vote sometimes a mixed ticket, and sometimes a straight ticket. Q. 33. For whom did you vote for Congress, Frederick or Wilson ?-A. I don't know that I have to answer that. BROWN. Witness is not obliged to answer the question. Q. 34. Yes, sir; you will have to answer that question. We will wait for your answer.--A. If it is proper for me to answer it, I will answer it. (Contestant objects to the question being answered for the reason that the law does not require an answer, and under no circumstances can a witness be required to tell how he voted.) Q. 35. Then Mr. Mohr will have to wait then.-A. It is just as you gentlemen agree about that. Q. 36. Well, we take testimony here; that is settled in Washington. The objection of the contestant goes down and Congress will decide it.-A. Well, I voted for Mr. Frederick. Cross-examination: Q. 37. You say your father applied for papers after you came while you were yet a minor? A. Yes, sir. Q. 38. And afterwards he voted ?-A. Yes, sir. Q. 39. You considered that he was a naturalized citizen, and that he was such ?A. Yes, sir. Q. 40. Did he ever hold any office? (Objection to the contestant asking for the opinion of the witness as to whether his father was a naturalized citizen.) You may state whether you live in the same town as your father?-A. Yes, sir. Q. 41. I will ask you if you voted in Illinois, right after that.-A. Yes, sir. Q. 42. And since you became of age?-A. Yes, sir. Q. 43. In the very neighborhood where your father resided?—A. Yes, sir. Q. 44. Where the people knew about it?-A. Yes, sir. Q. 45. You voted at the same election with your father then, did you ?—A. Yes, sir. Q. 46. What county in Illinois did you live?—A. In De Kalb County. Q. 47. What was your father's first name?-A. George Mohr. ($2.35 paid as fee by contestee.) STATE OF IOWA, Iowa County, 88: CHRISTIAN MOHR. MARTIN P. KELLEY, being produced and sworn before John Hughes, jr., a notary public for Iowa County, Iowa, on this 24th day of April, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and A. H. Simpson on part of contestee): Q. 1. Where do you live?-A. Marengo, Iowa. Q. 2. Did you vote at the Nov. election, 1882? (Contestant objects to the witness on the ground that the residence of the witness is not given.) A. Yes, sir. Q. 3. What ticket did you vote?-A. I generally vote the Democrat ticket. Q. 4. Where were you born?-A. In Ireland. Q. 5. At what age did you come to America ?—A. Twenty years of age. Q. 6. Did you ever receive naturalization papers ?-A. Yes, sir. Q. 7. Will you produce them?-A. I have lost them. I think that they were stolen from my pocket. Q. 8. How did you vote?-A. I am not in the habit of telling how I voted. Q. 9. Well, our time is precious. CONTESTANT. You need not tell for whom you voted unless you want to. Cross-examination : Q. 10. Where were you naturalized?—A. In New York City. Q. 11. How many papers did you get?-A. Two. Q. 12. In what court?-A. In the city of New York. Q. 13. Court of record?-A. I suppose so. Q. 14. Did your papers have the seal of the court on them?—A. Yes, sir. (Objection.) Q. 16. You may state the circumstances. When did you take out the first papers?— A. In '67. I came to the country in '66. I came to Iowa in '68. I lost my first papers and could not find them. Here, in '64 or '65, I wanted to take part in politics, and I found I could not do so without second papers; I could not get first papers without going to New York City. I went to New York in '75, and found a man, and got a copy of the other; I could not tell which court that was. Q. 17. You got papers in open court in the city of New York ?-A. Yes, sir; as I understand it. Q. 18. Was it in one of the court buildings there?-A. Yes, sir; that is what the man told me. Q. 19. What became of these papers ?-A. They were either lost or stolen. Q. 20. How long have you been a voter -A. Since '75; except I lost one year. M. P. KELLY. 8.85 paid as fee by contestee. STATE OF IOWA, Iowa County, 88: J. W. NELSON, being produced and sworn before John Hughes, jr., a notary public for Iowa County, Iowa, on this 24th day of April, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and A. H. Simpson on the part of contested): Q. 1. You may state your name and place of residence.-A. I live in this town. name is John W. Nelson. Q. 2. What is your age?-A. Well, I was born in '50; my age is 33 now. Q. 3. You may state whether you voted at the general election, Nov. 7th, '82, Marengo Township.-A. Yes, sir. Q. 4. What ticket did you vote?-A. Straight ticket. Q. 5. Democratic or Republican ?-A. I guess it was a Democratic ticket. My in Q. 6. You may state whether you have your naturalization papers.—A. Yes, sir; I have two of them. Q. 7. Will you produce them in court?--A. Yes, sir. (Witness produces them.) (Omission: -) papers with a name is Jno. N. Winbar. Also second papers are in the same name as above-in the name of the witness.) Cross-examination : Q. 8. What is your full name?--A. John Winbar Nelson. Q. 9. Were these papers issued to you?-A. Yes, sir; but they got the name down wrong; they got it down Nelson Winbar; it should be John Winbar Nelson. Q. 10. Did you ever go to have it rectified?-A. Yes, sir; I went to the clerk's office once; I believe it was A. B. Eshleman was the clerk; he was going to fix them there; Cap. Smith was in there; Eshleman spoke to Cap. "You fix these." He said, "this is somebody's name written backward," and afterwards he said, "You just let them go, for we find so many of them." Q. 11. Who was your witness in court? A. G. F. Eyrich. He always called me Winbar; it was wrong; some call me Winbar; some call me Nelson. Q. 12. Do people call you by the name of Winbar here ?-A. No, sir; not that I know of. I don't sign my name so. Q. 13. Some parties call you that?-A. Yes, sir; when I first came here they called me that. Q. 14. Were these papers issued to you and to no one else ?—A. Yes, sir. Q. 15. You were the person?-A. Yes, sir. I have been here since '68. I have never been out of this town, because there are papers which will show where I paid my taxes in the name of John W. Nelson in '74. AQUAR Q. 16. You may state if you gave the correct name when you got the papers.-A. I think J. Farland gave the name, and he gave it wrong; I was going to have it fixed over when I got the second papers. I think David House was deputy in the clerk's office; he made it out before I went to see it. I was going to have it fixed over once, and he saw Cap. Smith about it; he said it was all right. (It is agreed by the parties that the papers are regularly given by the circuit court of the State of Iowa, held in and for fowa County, for the second papers; also, the first papers are from the dist. court of Iowa County, and are regularly given on their face, with the exception of the name of John N. Winbar appears on the papers, when the witness' name is John Winbar Nelson. In all other respects the papers are perfectly regular.) My boss also would call my name wrong. I could not then speak English well. Q. 17. The man you worked for gave the name wrong?-A. Yes, sir. Q. 18. Is he the man you formerly worked for here ?-A. Yes, sir; his name is G. F.. Eyrich. JOHN W. NELSON. |