Ques. 27. Which of them do you think you voted for?-Ans. I don't know that. If I could tell you that would be all right. Ques. 28. You won't say or give any impression how you voted or how you generally vote?—Ans. I didn't pay much attention. I just took the vote and put it in. Ques. 29. You have a choice?-Ans. Sometimes I have, sometimes I have not. Ques. 30. Did you have any choice last fall?-Ans. Not a great deal. Ques. 31. You had no choice last fall?-Ans. Only a little. Ques. 32. What was it for, the Democratic or Republican ticket? (Contestant objects to the question as leading.) Ans. I guess a little. I mean that way. Ques. 33. Which way?-Ans. Voted Democratic. Ques. 34. Your impression is that you voted the Democratic ticket?-Ans. I can't tell you for certain. Ques. 35. Don't you think you did? I want to get your judgement about it. Paid as fee by contestee, $3.25. STATE OF IOWA, Iowa County, 88: JOHN MONAGHAN. JACOB RANCK, being produced and sworn, by E. H. Wilson, on this 25th day of April, 1883 (A. H. Simpson appearing on the part of the contestee and T. Brown on the part of the contestant), testifies as follows: (Witness excused, having voted the Greenback ticket.) Paid as fee by contestee, $2.35. STATE OF IOWA, Iowa County, 88: JACOB RANCK. BENIDICT GAHREG, being produced and sworn, before E. H. Wilson, on this 25th day of April, 1883 (A. H. Simpson appearing on the part of the contestee and T. Brown on the part of the contestant), testifies as follows: (Witness is called and excused because he did not bring his papers.) Paid as fee by contestee, $2.35. STATE OF IOWA, Iowa County, 88: BENIDICT GAHREG. PETER O. SHANGHNEY, being produced and sworn on this 25th day of Apr., 1883 (A. H. Simpson appearing on the part of the contestee, and T. Brown on the part of the contestant), testifies as follows: (Excused because he did not bring his papers in court.) Paid as fee by contestee, 85 cents. STATE OF IOWA, Iowa County, 88: PETER O. SHANGHNEY. Four men from Amana Township were discharged and fee paid by Wilson; 19 witnesses excused without examination. (Paid as fees by contestee, $38.90.) STATE OF IOWA, Iowa County, 88: I, Eldon Moran, a notary public and commissioner agreed upon to take testimony in this case, in pursuance of the annexed agreement, attached to the testimony of J. L. Adams, whose testimony was taken Feb. 22nd, '83, do truly certify that on the 24th and 25th of April, in pursuance of the notice hereunto annexed, I took the depositions of the following witnesses: Patrick McGue, Christian Mohr, Martin Kelly, J. W. Nelson, Fritz Branch, Joseph A. Sch nuky, James Quinn, M. Stern, Fred. Lipsins, John Howlett, Anthony Ryan, James A. McGarry, G. F. Lindenmayer, Mathias Miller, Job Farley, Henry Mass, Michael Flanagan, John Wallick, Roger Carrall, Jacob Stevens, Daniel O'Leary, Lawrence McCabe, Patrick Gallager, Edward Barry, Michael Griffin, Patrick Lynch, Michael Dolphin, Falkin Falkinson, Lars Olson, Wm. Hourigan, Egoatz Weishaubt, Bernard Flanagan, Jacob Denzler, Andrew Harten, Samuel Brown, Michael McDennell, Peter Hortian, P. H. Johnson, Patrick Kelly, William Grace, Andrew P. Fester, Jno. Kerkover, John Bronnan, Herman Schnlnig, John Monaghan, Jacob Rank, Benedict Gahrey, Peter O'Shaughney, whose testimony is set forth in the following manner: Each witness was by me duly sworn, or caused to be sworn in my presence as proH. Mis. 22- -35 vided 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 same 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 T. Brown and Carney appeared as counsel for the contestant, Benj. T. Frederick, and Mr. Simpson appeared as counsel for the contestee, James Wilson. In witness whereof I have set my hand and seal notarially this 25th day of April, 1883. [SEAL.] ELDON MORAN, Notary Public for Johnson County, Iowa, and Deposition of witnesses 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 26th and 27th of April, 1883, at Cedar Rapids, 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 M. P. Mills for contestee. The following testimony was taken before me: STATE OF IOWA, Linn County, 88: W. J. KOSLANSKY, being produced and sworn before M. P. Mills, notary public for Linn Co., on this 26th day of April, A. D. 1883, testifies as follows (T. Brown appearing on the part of contestant, and M. P. Mills on the part of contestee): (Contestant objects to the testimony of this witness for the reason that no notice has been given to the taking of his testimony or the residence of the witness.) Ques. 1. Where do you reside ?-Ans. At Cedar Rapids. Ques. 2. Of what country are you a native?-Ans. Austria. Ques. 3. Have you ever been naturalized as a citizen of the United States?-Ans. Yes, sir. Ques. 4. Have you your papers?-Ans. No, sir; I have not got my papers; I don't need any papers really, but I got them all the same. Ques. 5. Where were you naturalized, and before whom?-Ans. In this county. Ques. 6. Do you remember whether it was before Judge Elliot, of Marion ?—Ans. I don't recollect; it was 15 or 16 years ago. Ques. 7. Where are your papers?-Ans. I cannot say. of them, because I don't need them. Ques. 3. You cannot find them then ?-Ans. No, sir. I have never taken any care Ques. 9. Now, did you vote at the last November election ?-Ans. No, sir; I was not at home. Ques. 10. You didn't vote?-Ans. No, sir. Ques. 11. You say you were not here?-Ans. No, sir; I wasn't here that day. Ques. 13. You didn't vote in the first ward in the city of Cedar Rapids at the election held last November, for the office of Congressman from the 5th Congressional district?-Ans. No, sir; I wasn't at home. 85 cents paid as witness fees by contestee. W. J. KOSLANSKY. STATE OF IOWA, Linn County, 88: PHILLIP SEITZz, being produced and sworn before M. P. Mills, notary public for Linn Co., on this 26th day of April, A. D. 1883, testifies as follows (T. Brown appearing on the part of contestant, and M. P. Mills on the part of contestee): (Contestant objects on the same ground as before stated.) Ques. 1. Mr. Seitz, of what country are you?-Ans. From Baden. Ques. 2. Have you ever been naturalized as a citizen of the United States of America; and, if so, have you your papers?—Ans. Yes, sir; here they are. (Witness produces papers.) Ques. 3. Then you say you have been naturalized and have your papers?—Ans. Yes, sir. Ques. 4. Are these your papers?-Ans. Yes, sir. (Copy introduced in evidence by contestee.) STATE OF Iowa, Linn County: Be it remembered that on the 16th day of May, A. D. 1861, Phillip Seitz, late of the Grand Duchy of Baden, now of Linn Co., in the State of Iowa, appeared in the county court of Iowa, county of Linn, being a court of record, having a law jurisdiction and a seal and clerk, and applied to the said court to be admitted to become a citizen of the United States of America, according to law, the said Phillip Seitz having thereupon brought to the court such witnesses and taking such oaths and making such declarations as are required by law, thereupon it was considered by the said court that the said Phillip Seitz be admitted, and he was accordingly admitted by the said court to become a citizen of the United States of America. In testimony whereof the seal of said court is hereunto affixed the 16th day of May, A. D. 1861. [SEAL OF THE COUNTY OF LINN, IOWA.] DANIEL LOTHAN, Clerk. Ques. 5. Did you vote at the election held in this county on the 7th day of November, 1882 (Contestant objects as incompetent, irrelevant, and immaterial.) Ans. No, sir; I don't believe I did; I wasn't here; I live 2 miles out, I wasn't here; I never lost an election, except that; I have voted for 20 years. F Ques. 6. Now, did you say here that you didn't vote at the general election held on the 7th day of last November?-Ans. Yes, sir. 85 cts. paid as witness fees. STATE OF IOWA, Linn County, 88: PHILLIP SEITZ. JOHN DREFAHL, being produced and sworn before M. P. Mills, notary public for Linn County, on this 26th day of April, A. D. 1883, testifies as follows (T. Brown appearing on the part of contestant, and M. P. Mills on the part of contestee): (Same objection as before stated.) Ques. 1. Where were you born -Ans. In Germany. Ques. 2. Are you a naturalized citizen of the United States?-Ans. Yes, sir. Ques. 3. Where and when did you receive your papers, and have you got them with you?-Ans. I received them in 1883 in Merryville, two or three years ago. Ques. 4. You don't mean '83; don't you mean '63? Ans. Yes, sir; I mean '63. Ques. 5. Have you your papers with you?-Ans. Yes, sir; but it is not necessary for me to show them, I never show them to anybody else. (Contestant objects to the same for the reason that it is not shown that the witness is an illegal voter.) (Papers are produced by the witness.) (Mills says papers produced are similar to those produced by the witness just preceding, and these papers being the same in form as that introduced in the testimony of Phillip Seitz, issued Oct. 9, 1868, signed by Daniel Lothan, county judge and exofficio clerk. Contestant objects to the same as incompetent, irrelevant, and immaterial, and not the best evidence.) Ques. 6. On November last, 1882, where did you reside?—Ans. In Fayette Township. Ques. 7. Did you vote at the November election ?-Ans. I voted for Frederick, he is my man. Ques. 8. Well, this question was did you vote at the general election held November the 7th, 1882, in Fayette Township?-Ans. Yes, sir; in Palo. Ques. 9. For whom did you vote for Representative in Congress from the fifth Congressional district?-Ans. I voted for Frederick. Cross-examination: Ques. 10. How long have you been a voter?—Ans. Since twenty years ago. Ques. 11. Have you ever had your right to vote questioned before?-Ans. No, sir; ever since I had my papers I voted. Ques. 12. Have you served on juries or grand juries in this county?-Ans. No, sir; I never did anything of this kind before. Ques. 13. Well, have you served on the juries in this county -Ans. No, sir. Ques. 15. In any case-Ans. Yes, sir; on the jury case in Marion I have been a witness but not a juryman. Ques. 16. How many years have you been in Iowa ?-Ans. 20 years. Ques. 17. What attorney was with you when you obtained your papers?—Ans. In Marion? Ques. 18. Yes, sir.-Ans. I don't know; I think that it was Judge Lothan. Ques. 19. Are you certain you voted for Frederick for the office of Representative in Congress?-Ans. Yes, sir, I did. Redirect: Ques. 20. You are certain Lothan was the judge then and there?-Ans. Yes, sir, I know that. $1.75 paid as fees by contestee. STATE OF IOWA, Linn County, 88: JOHN DREFAHL. JAMES BIRD, being produced and sworn before M. P. Mills, notary public for Linn Co., on this 26th day of April, A. D. 1883, testified as follows (T. Brown appearing on the part of contestant and M. P. Mills on the part of con testee): Ques. 1. Where do you reside ?-Ans. Rapids Township. Ques. 2. I will ask you this question: Did you vote at the general election held November the 7th, 1882, for the office of Representative in Congress ?-Ans. Yes, sir. Ques. 3. Are you a native-born citizen ?-Ans. No, sir, I am not. Ques. 4. When and where were you naturalized, and have you your papers with you?—Ans. I haven't my papers with me; I was naturalized in 1866 or '7, I won't be sure which. Ques. 5. Where are your papers?-Ans. I suppose they are at home; I don't at liberty to look half a bushel of old documents. I can give you my witness, with no doubt of that it's simply a question of law demanding by whom you were naturalized. (Contestant objects as incompetent, immaterial, and not the best evidence. Then you will have to go and find your papers.) Ques. 6. State by whom you were naturalized.-Ans. Judge Dumont, of Marion. Ques. 7. He was judge of the county court, wasn't he?-Ans. Yes, sir. Ques. 8. Then you are not sure that you were naturalized by Judge Dumont, judge of the probate court of Marion? (Same objection as before.) Ans. Yes, sir. Ques. 9. Now, for whom did you vote for for office of Congressman ?—A. I voted for Frederick. Cross-examination: Ques. 10. How long have you been a voter ?-Ans. For the last 15 or 16 years. Ques. 11. Have you ever had your right to vote questioned since you got your papers-Ans. No, sir. Ques. 12. And have voted different tickets every year?-Ans. Yes, sir. 85 cts. paid as fees by contestee. STATE OF IOWA, Linn County, 88: JAMES BIRD. JOHN FLAHERTY, being produced and sworn before M. P. Mills, notary public for Linn Co., this 26th day of April, A. D. 1883, testifies as follows (T. Brown appearing on the part of contestant, and M. P. Mills on the part of contestee): Ques. 1. Where do you live?-Ans. Fairfax Township. (Contestant objects same as before.) Ques. 2. In what township do you live?—Ans. Fairfax. Ques. 3. Did you reside there November last ?-Ans. Yes, sir. Ques. 4. Did you vote at the November election, 1882-Ans. Yes, sir. Ques. 5. Are you a naturalized citizen of the United States; and if so, have you your papers?-Ans. Yes, sir, (Copy introduced in evidence by contestee.) STATE OF IOWA, 88: Be it remembered on the 18th day of March, 1868, John Flaherty, late of Canada, residing now in Linn Co., State of Iowa, appeared in the county court of Iowa, then and for the county of Linn, being a court of record, having a common law and jurisdiction and a sealing clerk, applied to the said court to be admitted to become a citizen of the United States of America according to law, and the said John Flaherty having thereupon produced to the court such witnesses, taking such oaths, and making such declarations as are required by law, thereupon it was furthered by the said court that the said John Flaherty be admitted, and he was accordingly admitted by the said court to become a citizen of the United States of America. In testimony whereof seal of said court is hereunto affixed this 18th day of March, A. D. 1868. SEAL OF THE COUNTY COURT OF LINN CO. IOWA. [5 cts. stamp.] } A. B. DUMONT, County Judge and ex officio Clerk of the County Court of Linn County. Ques. 6. For whom did you vote for the office of Congressman in this district? (Objection to that as incompetent, irrelevant, and immaterial, also that it is not shown that the witness is an illegal voter.) Ques. 7. These are the only naturalization papers that you have received, are they not?-Ans. Yes, sir. Cross-examination: Ques. 8. How long have you voted, Mr. Flaherty -Ans. Since papers were made out. Ques. 9. Have you voted ever since?-Ans. Yes, sir. Ques. 10. Who was on the ticket you voted, whose names? Can you tell that?— Ans. No, sir; I can't tell that. Ques. 11. Did you not absolutely vote for Frederick-Ans. Yes, sir; I am pretty well certain of that. Ques. 12. You don't know as to who the other candidates were ?-Ans. No, sir; I can't name them all. Ques. 13. You read your ticket you voted?-Ans. Yes, sir. Ques. 14. You are supposed to have a right to vote?-Ans. Yes, sir; I supposed I had. Ques. 15. Was your vote ever challenged before?-Ans. I believe it never was; I have voted for a number of years. Ques. 16. Have you been in the Army ?-Ans. No, sir. Paid as fees $2.25, by contestee. STATE OF IOWA, Linn County, 88: JOHN FLAHERTY. JAMES MCNAMARA, being produced and sworn before M. P. Mills, notary public for Linn Co., on this 26th day of April, A. D. 1883, testifies as follows (T. Brown appearing on the part of contestant, and M. P. Mills on the part of contestee): (Contestant objects same as before.) Ques. 1. Where do you reside?-Ans. In Clinton. Ques. 2. What township do you live in?-Ans. In Clinton. Ques. 3. Did you vote at the November election in your township?-Ans. Yes, sir. Ques. 4. Are you a naturalized citizen of the United States, and, if so, your papers with you?-Ans. Yes, sir. Ques. 5. Please produce them. (Brown says witness is not obliged to show papers unless he wants to.) (Witness produces papers. Papers are pronounced good.) $1.50 paid as fees by contestee. STATE OF IOWA, Linn County, 88: have you JAMES MCNANARA. MICHAEL FLAHERTY, being produced and sworn before M. P. Mills, notary public for Linn Co., on this 26th day of April, A. D. 1883, testifies as follows (T. Brown appearing on the part of contestant and M. P. Mills appearing on the partof contestee): Ques. 1. What township do you live in ?-Ans. Fairfax Township. Ques. 2. Where did you live in November last ?-Ans. Same place. Ques. 3. Did you vote at the election held November 7th, 1882, in Fairfax ?-Ans. Yes, sir; I did. |