signed by A. D. Dumont, county judge, and ex-officio clerk of said court. Seal of the county court attached.)

Ques. 6. Now, for whom did you vote for Congress last fall?-Ans. I voted a Democratic ticket.

Ques. 7. Including Mr. Frederick ?-Ans. Yes, sir.

(Objected to the last question as leading, incompetent.)

Cross-examination:

Ques. 8. Do you know for whom you voted for for State officers-Ans. Frederick. Ques. 9. What name of State officers who was on for supreme judge?—Ans. I don't understand that.

Ques. 10. Do you know any name you voted for; any State officer besides Frederick-Ans. Yes, sir.

Ques. 11. Whom did you vote for?-Ans. That is on the ticket.

Ques. 12. What names were on the ticket; who did you vote for?-Ans. For Frederick.

Ques. 13. Did you vote for Frederick for supreme judge; who told you you voted for Frederick ?-Ans. I got tickets here.

Ques. 14. Did you know his name was on the ticket?-Ans. Yes, sir.

Ques. 15. How do you know it; was there writing or printing on your ticket; tell us what was on the ticket?-Ans. I cannot understand it.

Ques. 16. Did you read your ticket?-Ans. Yes, sir; read it.

Ques. 17. Who was there for supreme judge?-Ans. I don't know what name

was on.

Ques. 18. Can you tell any name on your ticket other than Mr. Frederick, that Mills told you it was?-Ans. I voted a Democratic ticket.

Ques. 19. Now, sir; do you remember to-day what name was on that ticket; what is Frederick's name?-Ans. I forgot it; I do not know.

forgot it.

Ques. 20. Do you know Frederick's first name?-Ans. No, sir; Ques. 21. Do you know that you voted for Frederick for Congress, from your recollection of that ticket?-Ans. No, sir; I forgot it; I don't know.

Ques. 22. Do you know the name of any man on your ticket, so you can swear today that that was there; any single man from your recollection now? You only know you voted Democratic ticket; that is what you now state?-Ans. Yes, sir. Ques. 23. You know you voted Democratic ticket?-Ans. Yes, sir.

Ques. 24. You don't know the names of the men you voted for, do you?—Ans. Well, I can't tell the name; I don't know that.

Redirect:

Ques. 25. You must not be afraid. These folks won't hurt you. Tell me if you voted the straight Democratic ticket, the same as you always vote.-Ans. Yes, sir. Ques. 26. You voted for Frederick and the balance of Democratic men on that ticket? Ans. Yes, sir.

Recross-examination:

Ques. 27. What is Frederick's name ?—Ans. I forget it; I don't know, but it is on the ticket.

Ques. 28. What office did you vote for Frederick for?-Ans. I voted here.

Ques. 29. What office did you vote for him for; what office was written over his name?-Ans. I don't know that.

Ques. 30. Do you remember any words written over the name of the men you voted for? Was he running for State office or not?-Ans. I don't know that.

Ques. 31. Do you know whether he ran for State office or not?-Ans. I cannot tell that.

Ques. 32. Can you read English-Ans. A little; not much.

Redirect:

Ques. 33. You could read the names on the ticket?-Ans. Yes, sir.

85c. paid as fee by contestee.

STATE OF IOWA,

Linn Co., 88:

day

GOTLIEB WEIS.

THOS. ALBENES, being produced and sworn before M. P. Mills, a notary public for Linn County, Iowa, on this 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):

(Same objection as before by contestant.)

Q.1. Where do you live?-A. Washington Township.

Q.2. Where did you live Nov., '82?-A. Washington Township, Linn County.

Q.3. Did you vote at the last Nov. election, held on the 7th of Nov. ?—A. Yes, sir. Q. 4. Are you a naturalized citizen of the U. S.; and, if so, have you got your papers with you?-A. Yes, sir.

Q.5. Please produce them before the commissioner.

(Witness produces papers before the commissioner.)

(Contestant objects to the papers being produced as being incompetent, immaterial, and irrelevant to the issue.)

(Papers are pronounced to be good.)

(Witness excused.) ($2.75 paid as fee.)

STATE OF IOWA,

Linn County, 88:

JOHN DAHMES, being produced and sworn before M. P. Mills, a notary public for Linn County, Iowa, on this 27 day of Apr., 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):

(Same objection as before.)

Q. 1. Where do you live?-A. Marion Township.

Q. 2. Where did you live Nov. '82?-A. Marion.

Q.3. Did you vote in Nov. at the general election ?-A. Yes, sir.

Q.4. Have you any naturalization papers? A. Yes, sir.

Q.5. Have you them in your pocket ?-A. Yes, sir.

(Witness produces papers.)

(Papers show that John Dahmes, on the 28th of Oct., '67, was naturalized by the county court of Linn County, Iowa, in a court having common-law jurisdiction, with the seal of the clerk, and signed by Johnston Elliott, county judge, ex-officio clerk of Linn County, Iowa, with the seal of the county court attached.)

Q. 6. What ticket did you vote last fall; Democrat or Republican!

(Objection; leading.)

A. Democrat.

Q. 7. State what ticket you voted.-A. I voted the Democrat ticket.

Q. 8. Did you vote for Mr. Frederick, Democrat nominee for Congress ↑ (Objection; leading, incompetent and immaterial.)

Q. 9. You voted a whole Democrat ticket ?-A. Yes, sir.

Recross-examination:

Q. 10. When did you come to America?-A. In 1867.

Q. 11. You came to this country in '67?-A. Yes, sir.

Q. 12. From what country did you come ?-A. I came here from Scott County; it was in '67 I came to Linn County.

Q. 13. How long did you live in Scott County?—A. 12 years.

Q. 14. When did you come to this county ?—A. In '67.

(Witness is deaf.)

Q. 15. For whom did you vote as sec'y of state; what names were on your ticket !— A. Democrat.

Q. 16. What names were they; did you read your ticket?-A. Frederick was on.

Q. 17. Well did you read the ticket; did you read the ticket you voted?

(No answer, witness being deaf.)

Q. 18. Can you read English ?—Á. Sir?

Q.19. Can you read English ?-A.

Q. 20. Can you read English?-A. No.

Q. 21. Did you read your ticket before you voted it ?-A. I suppose I voted the Democrat ticket.

Q.22. How do you know you voted the Democrat ticket; who gave it to you ?—A. (No answer.)

Q. 23. How do you know it was a Democrat ticket?—A.

Q. 24. How do you know that it was a Republican ticket; can you hear; how do you know that your ticket was a Republican ticket?-A. I do not know (shaking head). Q. 25. Did you read your ticket; did you read the names that were on it; who gave you your ticket?

MILLS. Mr. Brown wanted to know what ticket you voted last fall; whether you voted for Frederick?

A. Yes, sir; for Frederick.

Q. 26. (Brown.) How do you know that you voted for Frederick; did you read the ticket?-A. Cannot hear it.

Q. 27. (Mills.) He wants to know whether you read your ticket. Did you read it! (very loud.)

H. Mis. 22-36

28. (Frederick.) Did you read your ticket last fall before election ?-A. Yes, sir. Q. 29. Did you read the names that were on your ticket?—A. Yes, sir.

30. You read the names?-A. Yes, sir.

Q. 31. Can you read English ?-A. No, sir.

Q. 32. Was your ticket printed in German?-A. Yes, sir.

Q. 33. Did you vote for James Wilson for Congressman! (Frederick objects.)

Q. 34. Did yon vote for James Wilson ?-(No answer.)

Q. 35. Was James Wilson's name on that ticket -(No answer.)

Q. 36. Was James Wilson's name on the ticket you voted last fall?—A. No, sir; it was not.

Q. 37. Whose name was on there for sec'y of State 7-(No answer.)

Q. 38. Did you read your ticket before you voted it ?-A. Yes, sir.

Q. 39. Can you read the English language in print?-A. No, sir.

Q. 40. Can you read English?—A. No, sir.

Q. 41. Then you did not read your ticket; was your ticket printed in English ?—A. I did not have any ticket.

Q. 42. Did you read the one you voted?

Q. 43. At the last election, did you?-A. Yes, sir.

Q. 44. What, did you have a ticket?-A. Ask that man there; I do not understand you.

Q. 45. You say you read your ticket; did you?

(Mr. Frederick here demands that an interpreter be sworn for the purpose of obtaining the testimony of this witness.)

Cross-examination (continued):

(E. H. Meyers sworn by Mills as interpreter.)

Q. 46. Can you read the English language?-A. No, sir; I cannot.

Q. 47. Did you read the ticket you voted last fall?-A. He did.

Q. 48. Was it printed in English or German ?-A. It was printed in English.

Q. 49. What name did he read on it for the office of sec'y of State?-A. He says that he has forgotten it, but if the name should be mentioned he would know it.

Q. 50. Who was on for the office of judge of the supreme court?-A. He says that he has forgotten the name, but that it was for a Democratic candidate; he says, the same as before, that if the name were mentioned he could tell.

Q. 51. What was written on the head of the ticket?-A. He says it was a Democratic ticket.

Q. 52. Was John Hull on for sec'y of state?-A. He says that he did not examine the ticket close enough so as to be able to tell now.

Q. 53. Whose name was on there for dist. clerk?-A. He says that it was Johnsen, but the first name he has forgotten.

Q. 54. Who was there for judge of dist. court? Was Judge Griffin's name on for judge?-A. He says that he cannot remember distinctly.

Q. 55. Who was on there for clerk of the supreme court?-A. He said that the notice served on him was for him to appear, and he requested that it should be given back to him.

Q. 56. Who was the other for clerk of the supreme court? Was the name of Mr. Pray there?-A. He says that he can not remember.

Q. 57. Who was the other for Republican ?-A. He says this-that he voted the Democratic ticket.

(Objection to the interpreter.)

Q. 58. You must auswer the question.-A. He said that he would need the ticket to remind him of the names.

Q. 59. Who did he vote for for office of Representative in Congress in this dist. ?— A. He says he could point out the name if that paper were handed to him. (Contestant objects to the paper being handed to the witness.)

Q. 60. Ask the witness whether he voted for David Platner for Representative in Congress.

(Mills presents witness with the paper contrary to the objections of the contestant.) (Paper withdrawn from witness.)

Q. 61. Ask the witness if he voted for David Platner.-A. Is that the Democratic candidate?

MILLS. No, sir; it is not.

(Contestant objects to the same having been said by Mills.)

Q. 62. For whom did the witness vote for member of Congress in this dist. !

(Witness requests to see the paper.)

MILLS. Tell the witness I will show it to him after a while.

Q. 63. Ask him who the candidate for Congress was for the 5th dist. Ask him if he remembers who the Republican candidate was-A. He says he did not have any Republican ticket, and did not know.

Q. 65. Who did you get your ticket of?-A. He says he does not know the name of the man.

Q. 66. Ask him if he read his ticket, or what part of it did he read.-A. He says he did not read the whole ticket.

Q. 67. Did he read any of it?-A. He says that the ticket was handed to him; he put it into the ballot-box, and that finished it.

Q. 68. Ask him if he read one single name on the ticket he voted ?-A. He says that he did not read any of the names.

Q. 69. Ask him if he read any part of it, or knows any words that were on it.
INTERPRETER. I did ask him that.

Q. 70. Now ask him how he knew what ticket he voted, how does he know what ticket he voted?-A. He says that he read at the head of the ticket, Democratic ticket, and that that is the ticket he voted.

Q. 71. 14 that all he knows of the ticket?-A. He says that he took a Democratic ticket and voted it, and did not pay any further attention to matters.

Ques. 72. Who did you vote for, for township and county officers?-A. He says that he cannot read English, scarcely any; that he did not pay much attention to the county ticket, and voted the ticket without paying any particular attention to it, as to the names set forth.

Redirect:

(Mills presents witness with a paper which is a copy of subpœna.)

Q. 73. Ask the witness now to point to the name of the man for whom he voted. (Contestee objects, for the reason that Mr. Mills hands witness a paper on which the names of Wilson and Frederick are both printed, and asks the question pointing to the name of Frederick.)

MILLS. I want the record to show that I did not point to any such name at all. FREDERICK. You say you did not put your pencil right on my name?

MILLS. Yes, sir; of course I did; and on Wilson's name also.

Q. 74. Now tell the witness to look at that paper and point out the name, if he can, of the man for whom he voted as Representative in Congress.

(Witness examines the paper. )

Question propounded to the witness.

A. He says that he cannot see that.

Q. 75. Ask him if he ever saw the name of Frederick before. [Pointing to the name of Frederick.]-A. He says that I took that kind of a ticket; Democratic ticket.

Q. 76. Ask the witness if he did not know that Frederick's name was on the Democratic ticket for Congress.

(Objection-leading.)

A. He says that he don't know.

Q. 77. Ask him if he scratched anything off of the ticket, or if he voted the whole ticket.-A. He says that he did not strike out anything, nothing except supervisor. ($1.95 paid as fee.)

STATE OF IOWA,

Linn County, 88:

JOHN DAHMES.

FRANK SMERCHEK, being produced and sworn before M. P. Mills, a notary public for Linn County, on this 26th day of April, 1883, and examined before me (T. Brown appearing on the part of contestant, M. P. Mills on the part of contestee):

(Same objection to the witness as before stated.)

Q. 1. In what township do you live?-A. Putnam Township.

Q. 2. Where did you live in Nov., '821-A. I lived at home in Putnam Township. (Joseph Waitstick, interpreter.)

Q. 3. Ask him if he voted at the general election.
(Objection-incompetent, irrelevant, and immaterial.)

A. He did.

Q. 4. Now ask him if he is a naturalized citizen of the U. S., and if so, whether he has his papers.-A. He says that he has his papers.

Q. 5. Tell the witness to produce his papers to the commissioner.-A. He says that

he has not got his papers; did not bring them with him.

Q. 6. Ask him what ticket he voted, Democratic or Republican.

(Contestant objects; incompetent, irrelevant, and immaterial.)

A. He says that he cannot remember exactly; sometimes he voted for a Republican and sometimes for a Democrat.

Q. 7. Ask him whether he voted Barr.

(Contestant objects on the ground that the question is incompetent, immaterial, and not at issue at the election.)

A. He says that he voted for Barr

Q. 8. Ask him if in voting for Barr he did not vote the Democratic ticket.-A. He says that he cannot remember.

Q. 9. Ask him how long he has lived in Putnam Township.--A. 15 or 16 years. Q. 10. Ask him if he ever voted the Greenback ticket.-A. He says that he did. Q. 11. Ask him if he ever voted the Temperance Republican ticket.-A. He says he never voted the Temperance ticket, but has voted the Republican ticket many times. Q. 12. Ask him if he voted the Temperance Republican ticket last fall. (Contestant objects; incompetent, irrelevant, and immaterial.)

À. He says that he voted for Barr, and the reason that he remembers it is that he took a glass of beer sometimes.

Q. 13. Ask him if he took a glass of beer the 7th of Nov., the time of the election. (Contestant objects; incompetent, irrelvant, immaterial, and leading.)

A. He says no.

Q. 14. Who gave him his ticket on the 7th of Nov., '82, when he voted?-A. He says that he took it himself.

Q. 15. Ask him if he took it off from a pile of Democratic tickets.-A. He says that he cannot tell that.

Q. 16. Ask him if he means to be understood that he went to the voting place and took a ticket without looking at it, and voted.

(Contestant objects to the question as leading, irrelevant, and immaterial.)

A. He says that he did look at the ticket, but he cannot tell what the ticket was

any more.

Q. 17. Ask him if he did not vote for Hamilton Preston, Democratic candidate for dist. att'y.

(Contestant objects; irrelevant and immaterial, also leading.)

A. He says that he don't know.

Q. 18. Ask him if he voted for township officers.-A. He says that he thinks he did. Q. 19. Ask him for whom he voted as township officers.-A. He remembers of voting for assessor and clerk.

Q. 20. Who were they?-A. He remembers for assessor and for clerk.

Q. Ask him if they were candidates on the Democratic ticket.-A. He says he thinks they were, but he could not say for certain.

Q. 22. He voted the whole ticket that their name was on?-A. He says that he did. Q. 23. Now ask him if he does not remember that that ticket was headed Democratic.-A. He says that he cannot say for certain.

Q. 24. Could he tell the ticket that was headed Democratic ticket?-A. He says that he can.

Q. 25. Ask him again if that ticket that he voted for his friends, the township officers, was a Democratic ticket.

(Contestant objects for the reason that it is incompetent, immaterial, and has already been answered.)

A. He says that he cannot tell for certain.

Q. 26. Tell him to give his best recollection.-A. He says he cannot tell whether it was a straight Democratic ticket or not.

Q. 27. Ask him if he intended when he voted to vote the Democratic ticket, when he voted for his friends for assessor and township clerk ?

(Contestant objects-immaterial, irrelevant, and incompetent).

A. He says that he did.

Q. 28. Ask him if he voted as he intended.-A. He says that he voted as he intended.

Cross-examination :

Q. 29. Ask him if he knows whether his ticket was a straight ticket or not.-A. He says that he cannot tell that.

Q.30. Ask him if he knows whether or not it was a Democratic ticket or not?—A. He says he cannot tell that.

Q. 31. How long has he lived in Putnam Township-A. 15 or 16 years.

Q. 32. How long has he been a voter ?-A. 26 years since he began to vote.

Q. 33. Where did he first vote?-A. In Wisconsin.

Q. 34. Did he get his papers in Wisconsin ?-A. Yes, sir; he did.

Q. 35. In what court did he get them?-A. He don't remember in what court.

Q. 36. Was there a judge, clerk, or jury there when he got his papers ?-A. It has been 26 years, and he cannot remember.

Q. 37. Did his papers have on the seal of the court ?—A. They did.

Redirect:

Q. 38. How many papers did he get at that time?-A. He got one.

Q. 39. Did he get his second papers in Marion, in this county, in the year 1868!—A.

He cannot remember; but thinks he did.

Q. 40. Did he get his second papers in this county?-A. He did.