Ques. 4. Are you a naturalized citizen of the United States, and, if so, have you papers, and produce them?—Ans. Yes, sir, I have, but I need not produce them.

Ques. 5. You mentioned you are a citizen and you have papers -Ans. Yes, sir; I wasn't of age when my father got his papers.

(Papers produced is in form like the one in the testimony of John Flaherty, issued the 18th day of March, 1868, signed by A. B. Dumont, county judge and ex-officio -clerk of the county court of Linn Co., Iowa, with county seal attached.

Contestant objects to the same as incompetent, irrelevant, and not the best evidence.) Ques. 6. For whom did you vote for the office of Congressman 5th Congressional district?-Ans. If I understand the law, I put it in as a secret; I don't think any one can compel me by law to tell who I voted for; I think a man can vote for whom he pleases.

Ques. 7. What ticket did you vote last November at the general election?—Ans. I won't answer unless I a compelled to; not that I have any objections, but I want to see whether I am compelled by law to do it.

Ques. 8. Well, I would answer the question if I was in your place; I have no interest in this matter, but anybody will tell you to answer. Brown says if your father was a naturalized citizen of the United States, and you came to the United States as a minor, you are not obliged to answer the question.-Ans. I merely got these papers; we had a little dispute; I got them just to satisfy myself.

Ques. 9. That is all right. Mr. Flaherty, you can just answer who you voted for ?—

Ans. I refuse to do that.

Ques. 10. I will ask you what your general politics are, Democrat or Republican?— Ans. It would be an honest man and best man; I sometimes find them in both parties, especially in the Republican party.

Ques. 11. That is what I supposed; which party did you consider most honest last fall?-Ans. I didn't make up my mind to that; it was just the same all the time. Ques. 12. Did you vote for any Democrats last fall?-Ans. Yes, sir; I did some scratching to mine as the rest of them.

Ques. 13. Did you vote for any Republican last fall?-Ans. I believe I did, but I can't name them.

Ques. 14. Did you vote for James Wilson ?-Ans. I won't answer that whether I voted for him or the other man.

Ques. 15. Then you won't answer whether you voted for James Wilson, Republican candidate for Congress?-Ans. No, sir.

Ques. 16. Did you vote for David Platner, the Greenback candidate for Congress!— Ans. I refuse to answer that, as I stated it was a secret.

Ques. 17. Well, never mind that now; I will ask you again if you didn't vote for Benj. Frederick for Congress ?-Ans. I refuse to answer that.

Ques. 18. Did you vote a ticket with Frederick's name on for Congress?—Ans. I refuse to answer that.

Ques. 19. Did you vote a Democratic ticket last fall ?—Ans. I refuse to answer that. Ques. 20. Did you vote at all -- Ans. I did.

Ques. 21. Now, Mr. Flaherty, this is all I have to ask you now; you may stay here.

Cross-examination:

Ques. 22. How old were you when you came to the United States?-Ans. Well, sir, as near as I can judge, I was 12 years old when I crossed that pond, and that is the trouble in this

Ques. 23. Did you live with your father in the United States -Ans. Yes, sir; I lived in this State since '55.

Ques. 24. Was your father a naturalized citizen of the United States?—Ans. Yes, sir.

Ques. 25. Was he naturalized before you were of age?-A. Yes, sir.

Ques. 26. Was he a voter ?-Ans. Yes, sir.

(Paid as fees, $1.85 by contestee.)

STATE OF IOWA,

Linn County, 88:

MICHAEL FLAHERTY.

JAMES HEDGE, being produced and sworn before M. P. Mills, a 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 appearing on the part of contestee): Ques. 1. Where do you live ?--Ans. Fairfax.

Ques. 2. Where did you reside in November 7th, 18821-Ans. At Fairfax. Ques. 3. Did you vote at the general election held on that day -Ans. Yes, sir. Ques. 4. Are you a naturalized citizen of the United States, and, if so, have you your papers? If you have, please present them to the commissioner.

(Contestee objects to the question on the ground that it is incompetent, immaterial, and irrelevant to the issue; therefore no longer in the answer of any witness voting in Fairfax illegally.)

Ques. 5. Have you your papers ?-Ans. Yes, sir; here they are.

(Witness produces papers.

Same notes in evidence by contestee; papers show that he was a native of Ireland; same issued on the 24th of August, 1868, by A. B. Dumont, county judge and ex-officio clerk of the county court of Linn County, Iowa, with the seal of the county court of Linn County, Iowa, and the stamp attached.

(Contestant objects to the evidence as incompetent, and not the best evidence.) Ques. 5. These are the original naturalization papers that you have?-Ans. Yes, sir. Are they not sufficient?

(Brown, contestee, claims that these papers are not good for anything, and that such witnesses cannot vote legally.

Contestee says that I want it noted in the evidence that the words of the contestant's attorney, Mr. Brown, be put in evidence in full.)

Ques. 6. I believe you stated that you voted at the November election ?-Ans. Yes, sir; certainly.

Ques. 7. Now, for whom did you vote for the office of Congressman ?-Ans. I always rote the Democratic ticket.

Ques. 8. I know; that is the way to talk it.-Ans. No, sir; there is no use lying

about it.

Ques. 9. You need not be ashamed of it.-Ans. Yes, sir; I always did.

Cross-examination :

Ques. 19. You don't know whose names were on the tickets for Congressman ?-Ans. I paid no attention to it at all.

Ques. 20. There were a good many split tickets -Ans. Yes, sir, there were. I never pay any attention to the names at all.

Redirect:

Ques. 21. Did you see Mr. Wilson's name on any Democratic tickets that day?— Ans. I paid no attention to it.

Ques. 22. Then you didn't say any such thing, did you?—Ans. I can't tell; I supposed he wouldn't be there, would he?

Ques. 23. No, sir.

JAMES HEDGE.

(Paid as fee by contestee, $2.00.)

Linn County, 88:

STATE OF IOWA,

D. ANSSIEKER, being produced and sworn before M. P. Mills, notary public for Linn County, on this 26th day of April, 1883, testifies as follows (T. Brown appearing on the part of contestant and M. P. Mills appearing on the part of contestee):

(Contestant objects to this evidence as incompetent, and not the best evidence.) Ques. 1. Where did you reside in November, 1882-Ans. In the city of Cedar Rapids.

Ques. 2. Did you vote at the general election, 18827-Ans. Yes, sir.

Ques. 3. Have you ever been naturalized as a citizen of the United States, and, if so, have you your papers with you?-Ans. Yes, sir.

Ques. 4. Please produce them, Mr. Anssieker.

(Papers produced in court. Copy introduced in evidence by contestee. Papers show the witness to be late of Germany; naturalized by the county court, 6th of February, 1867. Signed by Johnson Elliot, county judge, and ex-officio clerk of the county court, Linn County, Iowa, with the seal of the county court, Iowa, and stamp attached. Contestant objects to the evidence of the papers just introduced for the reason that it is incompetent, not the best evidence.)

Ques. 5. You stated yon voted in the November election, 1882?-Ans. Yes, sir.
Ques. 6. For whom did you vote for member of Congress?

(Objection, incompetent, irrelevant, immaterial.)

Ans. For Frederick.

Cross-examination:

Ques. 7. How long have you been a voter ?—Ans. Since 1867.

Ques. 8. Did you know you voted for Frederick for Congressman ?-Ans. Yes, sir. Ques. 9. Have you been in the habit of voting since 1867?-Ans. Yes, sir.

Ques. 10. Did you ever have your papers questioned before ?-Ans. No, sir.

Ques. 11. You supposed you had a right to vote, didn't you?-Ans. Yes, sir, I thought so.

Ques. 12. Did you read the ticket you voted?—Ans. Yes, sir.

Ques. 13. Was the court before whom these papers were issued in session at the time you got them?-Ans. Well, it is so long ago I hardly recollect, but I think that

Redirect:

Ques. 15. It was the county judge, was it not?-Ans. It was the county judge, I believe. It says so on the paper. It is so long ago I hardly recollect.

(Paid as fee by contestee. $.85.)

STATE OF IOWA,

Linn County, 88:

D. ANSSIEKER.

WILLIAM HANSER, being produced and sworn before M. P. Mills, notary public for Linn County, on this 26th day of April, 1883, testifies as follows (T. Brown appearing on the part of contestant, and M. P. Mills appearing on the part of the contestee): (Contestant objects to this evidence as incompetent and not the best evidence.) Ques. 1. What township do you live in ?-Ans. Otter Creek Township.

Ques. 2. Where did you live in November, 1882?-Ans. Otter Creek.

Ques. 3. Did you vote at the general electien held in that township in November, 1882-Ans. Yes, sir.

Ques. 4. Are you a citizen of the United States; and, if so, have you naturalization papers, and if you have, please produce them?

(Contestant objects, incompetent, immaterial.)

(Witness produces papers, naturalization of witness, which are produced; says that he is late of the Grand Duchy of Baden, and were issued on the 8th of October, 1867, by Johnson Elliot, county judge and ex-officio clerk, county court of Linn County, Iowa, with the seal of the county court of Linn County, and stamp attached.

(Contestant objects to the same as incompetent and not the best evidence-hearsay.) Ques. 5. These are the original papers you have had before ?-Ans. Yes, sir.

Ques. 6. For whom did you vote for Representative in Congress ?-Ans. That is something I can not swear to. I sometimes look for the State officers. I voted the Democratic ticket last fall, but whether Mr. Wilson or the other one was on I cannot tell; I cannot swear to it.

Ques. 7. You intended to vote for Frederick, Democratic nominee --Ans. Well, I don't know; my mind was not made up at all about it. Well, really, I didn't care about the State officers; I just looked for such men as I knew in the county and township offices.

Ques. 8. You voted the Democratic ticket?-Ans. Yes, sir.

Ques. 9. You didn't make any erasures on it or anything of that kind ?—Ans. No, sir.

Ques. 10. You voted a straight Democratic ticket?-Ans. Yes, sir.

Ques. 11. The straight Democratic ticket in your township had Frederick's name on for Congress?-Ans. I could not tell.

Ques. 12. You don't know that 1-Ans. No, sir; I don't know that.

Ques. 13. Were there any Democratic tickets in your township with either one of the other candidates on for Congress?—Ans. I don't know for sure.

Cross-examination :

Ques. 14. How long have you been in the United States?-Ans. I came over in 1856. Ques. 15. How old were you then?-Ans. Sixteen years old.

Ques. 16. Did your parents come with you?-Ans. Yes, sir.

Ques. 17. Was your father naturalized and a voter in this State-Ans. Not to my knowledge.

Ques. 18. You don't know as to that? Did you live with your father after he came here?-Ans. Yes, sir.

Ques. 19. You don't know whether he was naturalized or not?-Ans. I cannot tell, because he was not very long in this country before he died.

Ques. 20. How long was he here?-Ans. About 3 years.

Ques. 21. Do you know whether he made application to become a citizen before he died-Ans. That is more than I can tell.

Ques. 22. You do not know whether he filed his declaration asking to be a citizen or not?-Ans. No, sir.

Ques. 23. Where did he live then?-Ans. In the State of Pennsylvania.

Ques. 24. What county ?-Ans. Erie.

Ques. 25. How long have you voted ?-Ans. Since 1867.

Ques. 26. Any Republican's name on that ticket for township officers you know off-Ans. There were township officers.

Ques. 27. Republican township officers ?-Ans. Yes, sir.

Ques. 28. You do not know who were there with other Republican officers on the State ticket ?-Ans. I could not tell

Ques. 29. You cannot say who were on for Congress?-Ans. I cannot swear to that.

$2.25 paid as fee by contestee.

WILLIAM HANSER.

STATE OF IOWA,
Linn County, 88:

JACKSON GILLMORE being produced and sworn before M. P. Mills, notary public for Linn County, on this 26th day of April, 1883, testifies as follows (T. Brown appearing on the part of contestant, and M. P. Mills appearing on the part of contestee): (Contestant objects to the question, incompetent, not the best evidence.) Ques. 1. Where do you live?-Ans. Marion Township.

Ques. 2. Did you reside in Marion Township in November last, 1882?-Ans. Yes, sir. Ques. 3. Did you vote at the general election?—Ans. Yes, sir.

Ques. 4. Have you any naturalization papers, or have you been naturalized as a citizen of the United States; and, if so, have you them with you?-Ans. Yes, sir.

Ques. 5. Please produce them to the commissioner.-Ans. No, sir; not if I don't have to, I won't.

Ques. 6. It is necessary, whether you refuse to do so or not.-Ans. Yes, sir, I do; and I have been here ever since I was 4 years old.

Ques. 7. Do you refuse to produce your papers?-Ans. I won't do it unless he obliges me to.

Ques. 8. By whom were you naturalized?-Ans. By Judge Elliot.

Ques. 9. Was he judge of the probate court at the time?-Ans. Yes, sir.

Ques. 10. Johnson Elliot?-Ans. Yes, sir.

Ques. 11. He was county judge of the probate court of Linn County at the time?— Ans. Yes, sir.

Ques. 12. Have you any naturalization papers admitting you to full citizenship in the United States except these ?-Ans. No, sir.

Ques. 13. These are the only ones you have?-Ans. Yes, sir.

Ques. 14. Did you vote at the general election last November?—Ans. Yes, sir.

Ques. 15. Did you vote for the office of Congressman ?-Ans. Yes, sir.

Ques. 16. For whom did you vote?

(Contestant objects, incompetent, immaterial; witness is not obliged to tell.) Ans. It is none of your business.

Ques. 17. Then you refuse to answer for whom you voted ?-Ans. Yes, sir..

Ques. 18. Did you vote the Democratic ticket ?-Ans. No, sir.

Ques. 19. Did you vote for no Democrats?-Ans. Yes, sir.

Ques. 20. Was Mr. Frederick one of them ?-Ans. Did I tell you that I would not tell you that?

Ques. 21. Did you vote for David Platner, Greenback Member of Congress ?—Ans. No, sir.

Ques. 22. Did you vote for Mr. Wilson-Ans. No, sir; I don't think I did.

Cross-examination.

Ques. 23. You may state if your father came over with you to the United States.— Ans. Yes, sir.

Ques. 24. Was he a citizen ?-Ans. Yes, sir.

Ques. 25. Was he naturalized?-Ans. Yes, sir.

Ques. 26. You were only a child-you were not of age?-Ans. I was 4 years old when we came.

Ques. 27. Was your father a citizen before you became of age 1-Ans. He was naturalized 10 or 12 years before I was of age.

(Contestant objects to all the evidence of this witness concerning his naturalization papers, or, rather, the records of them are the best evidence, and they are not produced or offered to be produced here.)

Ques. 28. You have not got your father's papers here?-Ans. No, sir.

Ques. 29. Where does your father reside?-Ans. In Marion Township, when he died. Ques. 30. How long had he resided here when he died?-Ans. Fifteen years.

Ques. 31. Where did he reside when he got his papers -Ans. In Essex County, New York.

Ques. 32. Did you know where he got his first papers ?-Ans. Essex County, New York.

Ques. 33. Where did he get his second papers?-Ans. In Marion.

Ques. 34. Was that before you were of age?-Ans. Yes, sir; a long time.

his

$1.60 paid as fee by contestee.

JACKSON + GILLMORE. mark

JOSEPH COENEN, being produced and sworn before M. P. Mills, notary public for Linn Co., on this 26th day of April, 1883, and examined before me, testified as follows (T. Brown appearing on the part of contestant and M. P. Mills on the part of contestee):

(Same objection as before.)

Ques. 1. Where do you reside?-Ans. In Marion Township.

Ques. 2. Did you reside there November, 1882?-Ans. Yes, sir.

Ques. 3. Did you vote at the general election held '82 in Marion Township!—Ans. Yes, sir.

Ques. 4. Now, have you papers of naturalization?-Ans. I got them; yes, sir. I haven't got them here.

Ques. 5. You didn't bring them, then ?-Ans. No, sir.

Ques. 6. You may state by whom you were naturalized.

(Contestant objects; incompetent, immaterial, and not the best evidence.)

Ans. That is more than I can tell you. I got my last papers in Marion.

Ques. 7. Wasn't it before Judge Elliott?

(Objection; incompetent, immaterial, and not the best evidence.)

Ans. No, sir; it wasn't before him. I don't know who it was before.

Ques. 8. Wasn't it before Judge Lothan?

(Objection; incompetent, immaterial, and not best evidence.)

Ans. I havn't seen them for a good while.

Ques. 9. Why didn't you bring them -A. I forgot them. I came off in a hurry; my barkeeper left, and I had to shut up business.

Ques. 10. Well, if you can't remember by whom you were naturalized we will have to have your papers; you will have to bring them in, then.

Cross-examination:

Ques. 11. Did you have any subpoena to bring your papers?-Ans. Yes, sir; I got a copy of subpœna here.

(Witness produces papers.)

Q. 12. Were you in the army of the United States?-A. Yes. sir.

Q. 13. How long did you serve?—A. Two years.

Q. 14. Your notice does not require you to bring your papers, so you need not bring them.

$1.55 paid as fee by contestee.

JOSEPH COENEN.

Contestant introduces in evidence copy of subpoena and same mark by commissioner Exhibit A of the testimony of Joseph Coenen.

In the name of the United States of America you are hereby commanded to be and appear before me, the undersigned, a commissioner appointed for Linn County, State of Iowa, at City Hall, in Cedar Rapids, in said county, on the 26th day of April, A. D. 1883, at 8 o'clock a. m., to give evidence in a proceeding now pending before the House of Representatives of America, in a contested election for the office of Representative in Congress, in which proceeding Benjamin T. Frederick is contestant and James Wilson is contestee, on behalf of the contestee, and hereof fail not at your peril.

Witness my hand and notarial seal this 24th day of April, A. D. 1883.
ELDON MORAM, Commissioner.

Re-called:

Q 15. Did you have an honorable discharge from the army -A. Yes, sir.
Q. 16. You got papers at that time ?-A. Yes, sir.

(Excused.)