Ques. 207. Are you acquainted with any of the land officers in Dakota?-Ans. No, sir. Ques. 208. You voted Republican ticket, didn't you?—Ans. Yes, sir; you can bet on that every time. Ques. 209. You have been connected in looking up testimony for Mr. Wilson up there?-Ans. No, sir; I have all I can do to attend to my own business, let alone the politician line. Ques. 210. You don't take any interest in politics?-Ans. No, sir. Ques. 211. How old a man is Barker ?-Ans. About forty, a little over. Ques. 212. How long have you known them?-Ans. About seventeen years. Ques. 213. Have you known them all the while as citizens of Iowa County -Ans. No, sir; only as citizens of Iowa County; ten or eleven years, along in that neighborhood. Ques. 214. Have you been, say for 10 or 11 years?-Aus. Yes, sir. Ques. 215. How long have you known Mohr?-Aus. He must have lived there some eighteen years. Ques. 216. How old a man is he?-Ans. 35 or 36 years old, but I am like the Arkansas traveler; a man asked how long he lived there. Well, says he, pointing to some rocks, they were here when I came, and that is about the way with Barker; he was there when I came. Ques. 217. Were you there when either of these men started for Dakota ?-Ans. Yes, sir. Ques. 218. What did they take with them?-Ans. They took some teams and plows. They were breaking plows. Ques. 219. Did they have any property at home?-Ans. Mr. Mohr has property there yet. Ques. 220. The Barkers had property, didn't they?-Ans. No, sir; they didn't have any. Ques. 221. Didn't they have any household goods?-Ans. No, sir; I mean real estate. They left chattels. Ques. 222. Mr. Mohr had a farm there, didn't he?-A. No, sir. Ques. 223. What did he have?-Ans. Some town lots. Ques. 224. He has seven-Ans. Blacksmith shop, also saloon building, also hotel he had there is torn down. Ques. 225. Mr. Barker lived in his house there?-Ans. Yes, sir. Ques. 226. Do you know whether they owned or rented them?-Ans. No, sir: they didn't own them; they were sometimes short of rents and had to get another place. Ques. 227. When was that?-Ans. That is since I knew them. Ques. 228. Always been short; never paid any rent?-Ans. Yes, sir; and once in a while got hard up. Ques. 229. You did not come to answer about that?-Ans. I don't have to answer that what is told me. Ques. 230. That is hearsay?-Ans. Yes, sir. (Objection by contestee, as it is not proper cross-examination.) Ques. 231. Then this is hearsay, is it? You didn't know of your own knowledge that they were ever short, did you?-Ans. I have never known them to be long. Ques. 232. You know as little about this rent business as you do about their getting homsteads up there?-Ans. I guess when we come down, you know more about it than I do. Ques. 233. The families of neither of these three families have moved away yet?— Ans. No, sir. Redirect: Ques. 234. Was Henry Mohr and Barker around the polls peddling Democratic tickets on the 7th of November at that election ?-Ans. Yes, sir; they were. Recross-examination : Ques. 235. They peddled to everybody miscellaneously?-Ans. Yes, sir. Redirect: Ques. 236. What part of Dakota did they go to?—Ans. Iroquois. (Paid as fees, $1.95.) STATE OF IOWA, Iowa County, 88: JOHN WALLICH. ROGER CARRALL, being produced and duly sworn before me, Mr. Wilson, a notary public for this county, on this 24th day of April, 1883 (T. Brown appearing for the contestant, A. H. Simpson appearing for the contestee), testifies as follows: Ques. 1. Give your place of residence and age?-Ans. I live here in this town; I am 57 or 58 years of age, don't exactly know which. Ques. 2. What township do you live in?-Ans. Lennox Township. Ques. 3. Are you an American-born citizen-Ans. No, sir. Ques. 4. Did you vote at the general election November 7th, 1882, in Lennox Township, Iowa County?-Ans. Yes, sir. Ques. 5. What ticket did you vote?-Ans. I don't know; have you any tickets here? Ques. 6. No, sir; did you vote for the Democratic or Republican Representative in Congress from the 5th district?-Ans. I think that I voted the Democratic ticket. Ques. 7. Have you your naturalization papers with you, Mr. Carroll ?—Ans. Yes, sir; I believe I have. Ques. 8. You were subpoenaed to produce them; please do so. (Witness produces papers in court.) Ans. I lost the old one I had and I went down to New York last fall and went to the clerk of the court and he gave me this one. Ques. 9. Are these all the papers you have?-Ans. Yes, sir; these are all I have or ask. Ques. 10. What did you say your name was?-Ans. They used to call me Rhody, and the Yankees called me Rhoney; they called me Rhodie by name. I generally sign my name Roger, then Rhodie and Rhoderick, all the same name; that was about what they called me where I was born. (Copy introduced in evidence by contestee.) Be it remembered that at the county court, held at the court-house, in the town of Malone, in and for the county of Franklin, on the 24th day of October, in the year 1857, personally appeared in open court before the judge and jury, Roney Carroll, an alien, and produces a copy of his original report and declaration of his intention to become a citizen of the United States, of which the following is an abstract: Alien's report: Rhoney Carroll; place of birth, Ireland; age, 30; nation of allegiance, British. Emigrated from Ireland in the year 1848; came to the United States in the year 1848; is a resident of Franklin County; and having proved to the satisfaction of the court by the oath to William G. New, that he has in all respects conformed to the things required of him by an act of Congress to entitle him to become a naturalized citizen, and having taken the oaths required by an act of Congress, is hereby made a citizen of the United States. By George W. Dustin, clerk of the Franklin County court. Do hereby certify that the above is a true and correct copy from the records of the said court in the matter of Rhoney Carrol. Given under my hand and seal of said county the 12th of October, 1882. [Franklin County seal.] Cross-examination : G. W. DUSTIN. Ques. 12. Are you the Rhoney Carroll to whom this paper was issued?-Ans. Yes, sir; that is my name; when I was a boy they put it that way; I generally write my name Roger now. They used to call it a girl's name among the Yankees. I changed it to Roger; it is all the same name. Redirect: Ques. 13. What name did you give to the clerk ?—Ans. I think it was Roger, but the clerk made a mistake, being a Yankee. Ques. 14. What name was given to the board of trustees at the board of election?— Ans. Roger; that is the way I sign my name now. Ques. 15. How many miles do you live from Marengo ?-Aus. About 15. Paid as fees, $2.25. STATE OF OHIO, Iowa County, 88: ROGER CARROLL. JACOB STEVENS, being produced and duly sworn by E. H. Wilson, testifies as follows: Ques. 1. You may state your age, name, and place of residence.-Ans. Live in Washington Township, Iowa County, Iowa. Ques. 2. How old are you ?-Ans. 50 years old. Ques. 3. Did you vote at the general election Nov. 7th, 1882?-Ans. Yes, sir; I did; in Washington Township. Ques. 4. Will you state who you voted for for Representative in Congress, 5th district-Ans. Yes, sir; I did vote. Ques. 5. Did you vote a Democratic ticket generally ?-Ans. I vote Democratic and Republican tickets both. Ques. 6. You may state whether or not you have your naturalization papers as a citizen of the United States.-Yes, sir; I have. Ques. 7. Did you vote the Democratic ticket?-Ans. I expect I can vote; I am in a free country, and I am a citizen; I expect I can vote for the man I want to. Ques. 8. Will you produce your papers? (Witness produces papers in court.) Ques. 9. I will ask you if these are the only papers you have?-Ans. Yes, sir; my second papers; I had first papers before these. STATE OF IOWA, (Copy introduced in evidence by contestee.) Certificate of naturalization paper. Iowa County, Iowa, 88: In the said court of said county, I, A. H. Willets, judge of the said court, do hereby certify that on the 24th day of Sept., A. D. 1867, Jacob Stevens, a native of Bavaria, was duly admitted to citizenship of the United States of America, and is therefore entitled to all the rights and privileges of a naiuralized citizen. In testimony whereof I have hereunto set my hand and affixed the seal of said county court, at my office in the city of Marengo, in said county, the 24th day of September, 1867. SEAL OF THE COUNTY OF IOWA, IOWA. A. H. WILLETS, Judge of the County Court of said County. Ques. 10. Now, Mr. Stevens, at the general election last fall were you there most of the day?—Ans. No, sir; I voted and went home to my work. Ques. 11. You know what ticket you voted, do you?—Ans. Yes, sir; I do. Ques. 12. Do you know whether or not it was a scratched or straight ticket?-Ans. Well, I just put down the names of both sides; when I think the men are right I vote for them. Ques. 13. The head of the ticket was marked Democratic-Ans. I can't tell any more. Ques. 14. Did you vote for B. T. Frederick for Congress?-Ans. Yes, sir, I did; and I would vote any time for him. Cross-examination: Ques. 15. How long have you voted-Ans. Since 1867. Ques. 16. You live in the county and township that you voted?-Aus. Yes, sir I do. Ques. 17. Your vote has never been challenged before ?-Ans. No, sir. Ques. 18. Your vote wasn't challenged at the polls?-Ans. No, sir; my vote wasalways right. Paid as fees by contestee, $1.15. STATE OF IOWA, Iowa County, 88: JACOB STEPHENS. DANIEL O'LEARY, being produced and sworn by E. H. Wilson, a notary public, testifies as follows: Ques 1. What township do you reside in -Ans. York Township. Ques. 3. Did you vote for Frederick for Congress?-Ans. I don't know who I voted for. Ques. 4. What party do you belong to?-Ans. I can't tell you what party I belong to. Ques. 5. What ticket did you vote?—Ans. I cannot tell. Ques. 6. You can't?-Ans. No, sir. Ques. 7. That is a remarkable thing.—Ans. It is that; I could not read the ticket. Ques. 8. You got your ticket from somebody that you had confidence in ?—Ans. I got my ticket rolled up; I gave it in as I got it. Ques. 9. Who did you get it from?-Ans. From a man peddling tickets there. Ques. 11. That is the kind of party ticket you would come to get?-Ans. I expect so. Ques. 12. You have always voted that ticket in preference to others?-Ans. Most generally. Ques. 13. Don't you remember who gave you the ticket?-Ans. I don't remember who it was. sir. Ques. 14. You thought that he was giving you a Democratic ticket -Ans. Yes, sir. Ques. 15. Where were you born?—Ans. In Ireland. Cross-examination : Ques. 17. How long have you voted, Mr. O'Leary-Ans. 25 years. Ques. 17. You are a naturalized citizen of the United States?-Ans. Yes, sir. Redirect: Ques. 19. Let me see them. (Witness produces papers in court.) Ques. 20. I think that your papers are good, Mr. O'Leary.-Ans. I think so myself, his . DANIEL × O'LEARY. mark. Paid as fees, $3.25. STATE OF IOWA, Iowa County, 88: LAWERENCE MCCABE, being produced and duly sworn by E. H. Wilson, a notary public for Iowa County, testifies as follows: Ques. 1. What township do you live in?-Ans. York Township. Ques. 2. Did you bring your papers with you?-Ans. Yes, sir; here they are. (Witness produces papers in court.) (Contestant objects to the witness producing papers.) Ques. 4. Did you vote last fall?-Ans. Yes, sir. Ques. 5. Did you vote for Frederick for Congress ?-Ans. I don't know whether I did or not. Ques. 6. Did you vote the Democratic-Ans. I expect so; I always do. (Witness produces papers.) Paper produced is dated, issued September 1st, 1868; issued by James Cavanaugh, county judge. (Contestant objects, as the paper is the best evidence; also immaterial.) Cross-examination : Ques. 8. How long have you voted?-Ans. I voted since the fall that I got my papers. Ques. 9. Have you been a member of the grand jury in this county -Ans. Yes, sir. Ques. 10. How often have you been one?-Ans. I have been on the grand jury once, any way. (Contestant objects as not proper examination.) Ques. 11. You have been a voter here a number of years?-Ans. Yes, sir. Cross-examination : Ques. 12. Were you regularly naturalized in court? (Contestee objects to the question as not proper and asking for the opinion of the witness.) Ans. Yes. Ques. 13. You say you don't know what names were on the ticket? (Objection.) Paid as fees, $2.75. STATE OF Iowa, Iowa County, 88: LAWRENCE MCCABE. PATRICK GALLAGER, being produced and sworn before me, E. H. Willson, a notary public for this county, on this 25th day of April, 1883. Ques. 1. Where do you live?-Ans. York Township, Iowa County, Iowa. Ques. 3. Did you vote a Democratic ticket -Ans. I expect so. I generally do. Ques. 4. Did you vote for Frederick for Congress ?-Ans. I suppose I voted the Democratic ticket. Ques. 5. Did you vote for Frederick for Congress?—Ans. I expect so. I got the ticket in a hurry; I just put it in. Ques. 6. That is what you wanted to do, and you did it ?-Ans. I expect I did do it. Ques. 7. Where were you born?-Ans. Ín Ireland. Ques. 8. Have you got citizen papers?-Ans. Yes, sir; I have them here. Ques. 9. Please produce them.-Ans. Here they are. (Witness produces half of a paper in a mutilated form; paper produced shows.) (Contestant objects to the statement of the contestee in regard to the contents of the paper being read for the reason that it is incompetent and immaterial; that the paper was issued to Patrick Gallagher by James Cavanaugh, county judge of Johnson County, on the first day of September, 1868, seal of the Johnson County, Iowa, attached. PATRICK GALLAGHER. Paid as fees, $3.25 by contestee. STATE OF IOWA, Iowa County, 88: EDWARD BARRY, being produced and sworn before me, E. H. Wilson, a notary public for this county, on the 25th day of April, 1883, testifies as follows: Ques. 1. What township do you live in ?-Ans. English Township. Ques. 2. Did you vote last fall election ?-Ans. Yes, sir. Ques. 3. Last November?-Ans. Yes, sir. Ques. 4. In English Township?-Ans. Yes, sir. Ques. 5. Iowa County, Iowa -Ans. Yes, sir. Ques. 6. What ticket did you vote?-Ans. I voted the Democratic ticket. Ques. 7. Voted for the Democratic candidate for Congress? (Contestant objects as incompetent and immaterial.) Ans. Yes, sir. Ques. 8. Where were you born?-Ans. In Ireland. Ques. 9. Have you naturalization papers?—Ans. I have. Ques. 10. Let me see them. (Witness produces papers in court.) Ans. They are worn out some now; I have had them so long. Ques. 11. Well, I can probably tell by them who they were issued by. Where did you get these papers?-Aus. In this court. Ques. 12. What court; was it the district court?—Ans. I don't know what court it was. Ques. 13. Did you get them from a man in this county ?-Ans. Yes, sir. Ques. 14. Do you remember his name?-Ans. No, sir; I don't remember it. Ques. 15. Was it Wallace, a man with one arm?-Ans. I can't remember now, it was so long ago. Ques. 16. Was it Elliott ?-Ans. I don't remember that either. Ques. 17. It wasn't Judge Miller, was it?-Ans. I don't remember, but the records will show; I forget all about it now, though. Ques. 18. Did you have any witness?-Ans. Yes, sir; James Wagner, a juryman, and also Faulkner, who is out West now. Ques. 19. Where was the court held then?-Ans. Right here before some judge. Ques. 20. Who was present when you got papers?-Ans. Myself; also two witnesses. Ques. 21. And a county judge?-Ans. Some court, I don't now remember what judge it was; there were a good many besides. Ques. 22. A good many besides the county judge?-Ans. Yes, sir. Ques. 23. You don't recollect anything about what was going on there?-Ans. No, sir; it was court business, of course. Ques. 24. Was it upstairs in the court, or down in one of the offices?-Ans. It was right in the court. Ques. 25. Was it in this building where we are now ?-Ans. I don't remember whether in this building or not. Ques. 26. Was it in any other building?-Ans. I know that court was in session, but whether in this building or not I don't remember. Ques. 27. You don't know now whether there were trials out-doors, or anything of that kind?-Ans. I forget all about that. Cross-examination: Ques. 28. Was there a clerk of the court?-Ans. Yes, sir, of course there was; he made out my papers. Ques. 29. Was court in session?-Ans. Yes, sir; court was in session. Ques. 30. The clerk wasn't the judge?-Ans. No, sir. Ques. 31. Was there a clerk besides the judge?-Ans. Yes, sir. Ques. 32. And they were doing ordinary court business?-Ans. Yes, sir. Ques. 33. Was there a jury and trials; you don't know that any trials were going on f-Ans. Yes, sir; there was court business, for it was court time. Ques. 34. Was Judge Miller on the bench, or Judge Smith ?-Ans. I forget all about that; what the name was. EDWARD BERRY. |