STATE of IOWA, Linn County, 88: FREDERICK PETER being produced and sworn before M. P. Mills, notary public for Linn Co. on this 26th day of April, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and M. P. Mills on the part of contestee): (Contestant objects that the testimony is not the best evidence.) Ques. 1. Where did you reside in Nov., '82?-Ans. In Otter Creek Township. Ques. 2. Did you vote there at the general election ?-Ans. Yes, sir. Ques. 3. Are you a naturalized citizen of the U. S., and if so, have you your papers with you-Aus. Yes, sir. Ques. 4. Please produce them. (Contestant objects; incompetent, immaterial.) Witness not obliged to produce papers. Witness produces his papers. A copy introduced in evidence by contestee showing that the witness was late of Baden, and that the papers were issued by Johnson Elliott, county judge, and ex officio clerk of State court with seal attached. (Contestant objects that the same is incompetent and not best evidence; also that the paper on its face does not purport to be issued by the county court; but that it purports to be issued by county court having common law jurisdiction.) Ques. 5. Did you vote at the Nov. election?-Ans. Yes, sir. Ques. 6. For whom did you vote, Frederick or Wilson-Ans. I voted the straigh Democraticticket. Ques. 7. Including Frederick for Congress ?—Ans. Yes, sir. Cross-examination: Ques. 8. Did you know what names were on your ticket -Ans. Yes, sir. Ques. 9. How long have you been a voter?-Ans. Since '66. Ques. 10. How long have you been in this country?-Ans. Ever since '52. Ques. 11. Did you have witnesses before the county court at the time you were naturalized-Ans. Yes, sir. Ques. 12. Who were the witnesses?-Ans. I cannot tell. Ques. 13. You had witnesses -Ans. Yes, sir. Ques. 14. You got the papers in open court?-Ans. Yes, sir. Ques. 15. You were sworn, renouncing allegiances to your former sovereign ?-Ans. Yes, sir. Ques. 16. Did your father come over with you ?-Ans. No, sir. $2.05 paid by contestee. STATE OF IOWA, Linn, County, 88: FREDERICK PETER. WILLIAM WEHREND, being produced and sworn before M. P. Mills, a notary public for Linn County, Iowa, on this 26th day of April, and examined before me (T. Brown appearing on part of contestant, and M. P. Mills on the part of contestee), testifies as follows: Q. 1. Where do you reside?-A. Ottar Creek. Q. 2. Did you live there in Nov., 1882-A. Yes, sir. Q. 3. Did you vote at the Nov. election -A. Yes, sir. Q. 4. Have you any papers of naturalization showing that you are a citizen of the United States?-A. Yes, sir. Q.5. Please produce them. (Witness produces the papers. Naturalization papers show that witness is a late resident of Holstein, Denmark, issued to witness on the 9th day of Oct., 1865, by Johnson Elliott, county judge, and clerk of the county court of the said county of Linn.) Given with the seal of the county court of Linn County attached, and a 5-cent stamp atttached. (Contestant objects to the same, because the statement made was made by the counsel and the paper not copied by a notary, and the record in the case not the best evidence, and that the counsel only read it.) Q. 6. Who did you vote for for Representative in Congress ?-A. Straight Democratic ticket. Q. 7. Including Frederick, for Congress?-A. Yes, sir. Cross-examination: Q. 8. Did your papers purport to be issued by a court of common-law jurisdiction !— A. Yes, sir. Q. 9. Will you show your papers?-(Same produced.) Q. 10. Can you read English ?—(Paper on its face purports to be issued by a court of common-law jurisdiction.) Q. 11. How long have you voted?-A. Since '65, when I got the papers. Q. 12. Has your vote ever been challenged?—A. Yes, sir; some years it has been; some years I vote the Republican ticket. Q. 13. And has nobody questioned your right to vote; has nobody said you were not a proper citizen of the U. S. since you got these papers?-A. Yes, sir. Q. 14. Did you say you could not read English ?-A. No, sir; not much. Q. 15. How do you know Frederick's name was on your ticket?-A. I could read that much. Q. 16. Did you read it ?-A. Yes, sir. Redirect: Commissioner will please make note of evidence that the witness produced his naturalization papers to the commissioner, which are copied in evidence by the commissioner. STATE OF IOWA, Linn County, 88: Be it remembered that on the 9th day of Oct., in the year of our Lord 1865, J. H. Wehrend, late of Holstein, Denmark, now of Linn County, in the State of Iowa, appeared in the county court of Iowa, within and for the county of Linn, being a court of record, having common-law jurisdiction, and a seal and clerk, and applied to the said court to be admitted to become a citizen of the U. S. of America, according to law, and the J. H. Wahrend, having thereupon produced to the court such evidence and taken such oath, and made such declarations and renunciations as are required by law, thereupon it was ordered by the said court that the said J. H. Wehrend be admitted, and he was accordingly admitted, by the said court to become a citizen of the U. S. of America. In testimony whereof the seal of said court is hereunto affixed this 9th day of Oct., A. D. 1865. [Seal of the county court of Linn County, Iowa.] JOHNSTON ELLIOT, County Judge, and Clerk of the County Court of the said County of Linn. Recross-examination : Q. 17. Can you tell for whom you voted for judge of the supreme court?—A. No, sir; I cannot tell. Q. 18. Can you tell the names of any at all?-A. I did not pay attention how that was. I took a Democratic ticket. Q. 19. You did not know the names of the men on the ticket, did you?—A. No, sir; I could not swear to that. Q. 20. You cannot swear to any of the names on the State ticket?-A. I know that Frederick's name was on it. Q. 21. Do you know whether he was on there for Congressman, or simply the State ticket?-A. No, sir; I could not say. Q. 22. You would not say if he was on ?-A. No, sir. ($2.05.) JAMES WAHREND. MARION MARTIN, being produced and sworn before me, M. P. Mills, notary public for Linn Co., on this 26th day of April, 1883, and examined before me, 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 the witness; not best evidence.) Q. 1. Where do you live?-A. Washington Township. Q. 2. Linn Co. ?-A. Yes, sir. Q. 3. Were you present at the general election held last Nov. 7-A. Yes, sir. Q. 4. In what capacity were you acting?-A. Judge, I believe, of the election. Q. 5. Do you know George Pool?-A. Yes, sir; I know him. Q. 6. Did he vote at the election?-A. Yes, sir; he did. Q. 7. How long had he been in the State of Iowa prior to that election, November the 7th -A. I can't say positively, but I think in the neighborhood of 6 weeks or 2 months. Q. 8. Where did you first know George Pool?-A. In Centre Point, Washington Township, Iowa. Q. 9. Were you home when he came to Iowa ?-A. Yes, sir. Q. 10. How did you know he had been in Iowa 2 years?-A. Well, I don't know anything about it any more than he has been gone. Q. 11. You don't know where he had been gone to; you don't know but that he has been in Iowa all the time so far as you know?-A. So far as my knowledge is concerned I don't know, but persons told me. Q. 13. Not what persons told you, but do you know of your own knowledge that that man hadn't been in Iowa the last 6 months regularly?-A. I can't say that. Redirect: Q. 14. Did George tell you when he came back, or about that time, where he had been? (Objection, not the best evidence.) A. Yes, sir; he did. Q. 15. You fixed the time from what he told you?-A. Yes, sir. Recross-examination : Q. 16. Did George Pool have a family?-A. Yes, sir. Q. 17. He has a family; where is his family?-A. Living in Centre Point. Q. 18. How long did he live there at that time?-A. He lived there, I think—well, he hadn't gone to housekeeping yet. Q. 19. How long did he live there?-A. He had lived there in the neighborhood of 6 weeks or 2 months. Q. 20. Where had the family been about that time, so far as you know?—A. Lima City, Wyoming Ter. Q. 21. Did you know what his business was there, to your own knowledge?-A. No, sir; not of my own knowledge, more than the business he followed when here; I understood he followed the same business out there. Q. 22. What business?-A. Blacksmithing. Q. 23. You never saw him out of the State of Iowa-A. No, sir. Q. 24. You don't know anything what his business was to your own knowledge?— A. No, sir. Q. 25. You have no knowledge of his being out of the State 6 months prior to this election-A. No, sir. Q. 27. You were one of the judges of the election ?-A. Yes, sir. Q. 28. Did you accept this man's vote?-A. Yes, sir; after he swore it in. Q. 29. Did he swear he had been in the State of Iowa for the last 6 months?—A. Yes, sir. Q. 30. He took the proper oath before the board that he was a resident of the State for 6 months?-A. Yes, sir. Q. 31. And of the county for 60 days?-A. Yes, sir; he took the required oath. Redirect: Q. 32. You challenged him, didn't you?-A. Yes, sir; I believe I did. Q. 33. Then, when he took the oath, you took his vote, of course, didn't you ?—A. Yes, sir; we did. Recross-examination : Q. 34. Are you a Republican or Democrat ?-A. I am a Democrat. ($2.55 paid as fee by contestee.) MARION MARTIN. WENTZEL TOMAK, being produced and sworn before M. P. Mills, notary public for Linn Co., on this 26th day of April, 1883, and examined before me, 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; not the best evidence.) Q.1. Where did you live in Nov., 1882 ?-A. Here, in this township. Q.2. Did you vote at the election held Nov. for the office of Congressman ?—A. Yes, sir. Q.3. Have you papers in your possession showing you to be a naturalized citizen ?— A. Yes, sir. Q.4. Please show them to the commissioner? (Witness produces papers in court.) sir. Q.5. I will ask you if you had your papers when you came into this room?-A. Yes, Q.6. You have mislaid them if you can't find them now?-A. Yes, sir; I just showed them to you; I can't find them. 9.7. I will ask you if your naturalization papers were signed by Judge Johnson Elliot, county judge of Linn Co. ? (Contestant objects. Incompetent, irrelevent, immaterial, and not the best evidence.) Q.8. Is that the only paper of naturalization you had?-A. Yes, sir. Q.9. Is that the one that J. Elliot, county judge of Linn Co., issued you then ?—A. In '66 I got second paper; then I voted. Q. 10. That was your last paper?-A. Yes, sir. Q. 11. You know Judge Elliot, of probate court?-A. Well, I don't know; I can't think of it now; I know the judge was an old man; maybe he is dead now. Q. 12. He is the same judge that naturalized these other witnesses that have been in here ? (Objection; incompetent, immaterial and not the best evidence.) A. Oh, yes, sir; it was the same man. Q. 14. In the same court, was it ?-A. Yes, sir; at the same time I got my papers. Q. 15. Did you vote at the general election held last Nov. for Congressman ?—A. Yes, sir. Q. 16. For whom did you vote for Congressman?—A. I voted a Democratic ticket. Q. 17. Including Frederick for Congress ?-A. Yes, sir. Cross-examination : Q. 18. Did you read the ticket you voted?-A. Of course. Q. 19. Well, sir, who was on for sec. of state ?-A. Well, I can't tell you the whole of it. Q. 20. Can you tell any of it?-A. I came down here, I saw it was for Frederick. Q. 21. Did you have your papers when you came here 5 minutes ago?—A. I got second papers in '66. Q.22. Did you have your papers in your hands 10 minutes ago?-A. Yes, sir. Q. 24. After that you couldn't find it, could you ?-A. Maybe I can find them; that is not a fair question. I can get another in Marion. Q. 25. Did you know you didn't get your papers in the district court ?—A. Yes, sir. Q. 26. Did you know you didn't get them in the district court-A. I got it in the regular court. Q. 27. What court?-A. In Marion. Q. 28. What court was it, district?-A. I don't know anything about that. Q. 29. Was it district, circuit, or court of record?-A. All I know it was a court; it doesn't matter. Q. 30. Was there a judge and clerk?-A. Yes, sir; and a good many others. Q. 31. Did you have witnesses?-A. Of course. Q. 32. Did you take the oath of allegiance ?—A. Yes, sir. Redirect: Q. 33. I handed you back your paper, didn't I?-A. Yes, sir; of course, but I can't find my papers. Q. 34. Are you not under the impresion that Frederick had it ?—A. I just stuck it some place. Q. 35. When you find it you will bring it back here?-A. Yes, sir; of course I will. ($0.85 paid as fee by contestee.) WEUTZEL TOMASEK recalled: WENTZEL TOMOCK. Ques. 1. Have you found the papers you lost while in the city before ?-A. Yes, sir; in my pocket. Ques. 2. You may present it to the commissioner for the purpose of having the copy read. (Paper produced, but the commissioner cannot in substance state that Weutzel Tomasek, late of Bohemia, in the Linn County court, a court of common-law jurisdiction, having a seal and clerk.) Johnston Elliott, judge, ex-officio, clerk of the said court. Seal of county court attached. (Excused.) STATE OF IOWA, Linn County, 88: MICHAEL MENZ, being produced and sworn before M. P. Mills, notary public for Linn County, on this 27 day of April, A. D. '83, testifies as follows (T. Brown appearing on the part of contestant, and M. P. Mills on the part of contestee): (Objection; testimony of the witness not best evidence.) Ques. 1. Where did you live Nov. last; Cedar Rapids Township; did you vote at the last general election held in Nov.; are you a naturalized citizen of the United States, and if so, have you your papers with you?-Ans. Yes, sir. Ques. 2. Present your papers to the commissioner. (Witness produces papers. Papers presented to the commissioner showing that they were issued to Michael Menz Feb. 26, '68, of the county court of Iowa for Linn County, being a court having a common law and seal and clerk. Signed: A. B. Dumont, county judge, and ex-officio clerk of said court. Seal of county court attached.) Ques. 3. For whom did you vote for Congressman ?-Ans. I voted for Mr. Frederick. Cross-examination : Ques. 4. Did you read your ticket?-Ans. Yes, sir. Ques. 5. Have you had your vote questioned before?-Ans. No, sir. Ques. 6. You supposed you were a legal voter ?-Ans. Yes, sir. Ques. 7. Did you know that this proceeding to disfranchise you means that your papers are not to be good; do you know that the court could not naturalize a man; do you know that your papers are not good?—Ans. I think that the seal of the county is on the papers. Ques. 8. You supposed it was good?-Ans. Yes, sir; I paid a price for it, too. Ques. 9. Have you ever voted the Republican ticket?-Ans. No, sir; not straight. Ques. 10. You have voted for some Republicans, have not you?-Ans. Yes, sir. Ques. 11. Who was with you; who told you your paper was good?-Ans. Nobody told me; I was never asked for it. Ques. 12. Did Willials ever tell you it was a good paper?-Ans. He did not say whether it was good or whether it was not good. Ques. 13. What did he say; has he talked with you before you went on the stand?— Ans. Yes, sir. Ques. 14. Asked you to show papers ?-Ans. Yes, sir. Ques. 15. Asked how you voted?-Ans. No, sir; he didn't ask me that. Ques. 16. What did he tell you about the paper being good ?-Ans. I don't recollect whether he said the papers were good or not good. Ques. 17. Were you asked to show papers before you were subpoenaed?—Ans. No, sir. Ques. 18. Did the officer that subpoenaed you call for your papers ?-Ans. No, sir; he asked me to bring them. Ques. 19. Is it on your subpoena to bring papers?-Ans. No, sir; he just told me that. Ques. 20. Did they have a court there where you were naturalized?-Ans. No, sir. Ques. 21. Was there a judge?—Ans. I don't know that there was; it was so long ago I have forgotten. Ques. 22. Any clerk-Ans. I guess so. Ques. 23. You don't know whether judge or clerk ?-Ans. No, sir. Ques. 24. Who swore you and swore your witness?-Ans. I guess Mr. Dumont did. Ques. 25. Who told you to go before him and get your papers?-Ans. That is the only place to go at that time; that is all I know about it. Ques. 26. Who told you to go there ?-Ans. Nobody told me; that is the only place for a man to go when he wants papers, in the court-room of the clerk. Ques. 27. Did not anybody advise you that the county had power to issue these papers-Ans. No, sir; nobody gave me any advice. Ques. 28. Nobody told you that the county judge had right to issue them?—Ans. I don't know anything about that. Ques. 29. Were you sworn the oath of allegiance ?-Ans. Yes, sir. Ques. 30. How old were you when you came to America ?-Ans. 28. Ques. 31. You have been here ever since ?-Ans. Yes, sir. Ques. 32. How old are you now?-Ans. 50. $0.85 paid as fee by contestee. STATE OF IOWA, Linn County, 88: MICHAEL MENZ. GOTTLEIB WEIS, being produced and sworn before M. P. Mills, notary public for Linn County, on this 27 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): (Objection to the testimony of the witness; not the best evidence.) Ques. 1. Where do you live?—Ans. In Rapids Township, this county. Ques. 3. In this township?-Ans. Yes, sir. Ques. 4. Are you a naturalized citizen of the United States; and, if so, have you got your papers?-Ans. Yes, sir. Ques. 5. Please produce them? (Witness presents papers to commissioner.) (Gottleib Weis, on the 10th of March, 1868; was naturalized by the county court of Linn County, being a court of common law jurisdiction, having a clerk and seal; |