Q. 41. Now ask him if there is any other Frank in this township?

(Witness named.)

A. He says that there is not.

Recross-examination:

Q. 42. How long has he been in the U. S.?-A. 26 years.

Q. 43. How old was he when he came to Wisconsin ?-A. He don't remember.

Q. 44. Was it before he was 21 ?-A. He was past 21.

Q. 45. Where did he live before he went to Wisconsin?-A. He came from the old country to Wisconsin.

Q. 46. How many times did he vote in Wisconsin ?-A. He does not remember. Q. 47. Did he take his oath and have witnesses in Wisconsin ?-A. He did.

Q. 48. Did he have witnesses before the court when he took his oath?-A. He don't remember exactly the court, but he says that he had a witness.

Q. 49. Was he sworn as a citizen of the U. S. by the judge or the clerk ?—A. He

was.

Q.50. Did he have his papers in Wisconsin when he voted there?-A. Only one. Q. 51. What is his occupation?-A. Farmer.

Q. 52. How long since he first voted?-A. He cast his first vote in '57.

Q.53. Did you sometimes vote the Republican ticket ?-A. He says that at first he would not put a vote in for many years; of late years he some time votes the Republican ticket and some times the Democratic ticket.

Q. 54. Were these men for whom he voted for assessor and township clerk-were they on both tickets in his township?-A. He says that he does not remember.

Q. 55. Who else was running for assessor and township clerk except those for whom he voted?-A. He don't know that they are.

Ask him if he don't know that they were the only men that were running for these offices in his township?-A. He don't know that they are.

Redirect:

Q.56. Tell him to name the Republicans that he ever voted for.-A. He don't remember.

($1.40 paid as fee by contestee.)

STATE OF IOWA,

Linn County, 88:

FRANK SMERCHEK.

JOHN MEEHAN, being produced and sworn before M. P. Mills, notary public of Linn County, on this 26th day of Apr., 1883 (M. P. Mills appearing on the part of the contestee and T. Brown on the part of the contesjant), testifies as follows: (Contestant objects to the testimony of this witness, for the reason that it is not shown that proper notice has been given of the residence of the witness.)

Ques. 1. Where do you live?-Ans. Rapids Township.

Ques. 2. Did you vote at the election held Nov. 7th, 1882 ?-Ans. Yes, sir.

Ques. 3. Now, what country are you a native of?-Ans. Of Ireland.

Ques. 4. You may state to the commissioner whether or not you were naturalized;

and, if so, where?-Ans. I got my second papers in Linn County.

Ques. 5. Have you got them with you?-Ans. No, sir.

Ques. 6. Where are they ?-Ans. I don't know whether I can find them or not.
Ques. 7. Don't you know who it was before; whether it was Judge Dumont, Judge
Eliot, or Judge L--A. Well, I can't tell.

Ques. 8. Have you any recollection on that point?-Ans. Well, I don't know; I think that it was Dumont.

Ques. 9. Wasn't it Judge Eliot or Daniel L- --A. It may have been LI don't know.

Ques. 10. Did you have witnesses there?-Ans. Yes, sir.

Ques. 11. You took the oath of allegiance ?-Ans. Yes, sir.
Ques. 12. Since that time you have voted ?-Ans. Yes, sir.

Ques. 13. You have voted in good faith, relying on the validity of your papers 1Ans. Yes, sir.

sir,

-;

Ques. 14. Did the papers purport to be issued from the court of record -Ans. Yes,

Ques. 15. Are they formal?-Ans. Yes, sir; I suppose so.

Ques. 16. Where are they now ?-A. As to that, I can't answer that question; I may have them with the rest of my papers; perhaps it would take a good while to find

them.

Ques. 17. How many years ago was it that you got your papers; that is, last papers ↑ -Ans. I think that it was in 66 or '68; I can't tell positive.

Ques. 18. Where did you get first papers?-Ans. In Minn.

Ques. 19. Did you have witnesses there?-Ans. I don't remember whether or not. Ques. 20. You didn't need second papers if you came here when you were 12 years old, do you?-Ans. Well, I got my first papers in Minn., about 30 years ago, at St. Paul.

Ques. 21. Was that before a court?-Ans. Yes, sir; and I have mislaid them by some way or other. I didn't like to be challenged at the polls, so I have got some of my Cedar Rapids friends to go there and get them a second time.

to.

Ques. 22. Now, didn't you vote under your first papers?—Ans. No, sir; I didn't. Ques. 23. Was it because you mislaid them?-Aus. I didn't think that I was entitled

Ques. 24. Didn't you tell the court that you came into the U. S. when you were only 12 years old?-Ans. Yes, sir.

Ques. 25. You had witnesses there proving how long you had been in the U. S. !— Ans. Yes, sir.

Ques. 26. In Minnesota-Ans. No, sir; I didn't suppose it was required to have witnesses for first papers.

Ques. 27. You didn't need to. But state if you had anybody to prove how long you had been in the U. S. when you got those papers.-Ans. I was a young boy at that time. It wasn't supposed that I should have first papers out.

Ques. 28. Was that before the court up there in Minnesota ?-Ans. It was before the court or the clerk of the court, I can't say now. I was a young man, perhaps under age. I can't say whether I was 21 or not.

Ques. 29. Did you take the oath at that time?-Ans. Yes, sir.

Ques. 30. You renounced all allegiance to any other prince, potentate, State or sovereignty?-Ans. Yes, sir.

Ques. 31. In due form?-Ans. Yes, sir.

Ques. 32. Parties were in with you to get papers, and you know that you were in the U. S. some time?-Ans. Yes, sir; some parties were with me.

Ques. 33. They were naturalized at the same time?-Ans. I suppose so.

Ques. 34. You were these parties when the judge asked you how long you had been in America -Ans. Yes, sir.

Ques. 35. And you took out your papers?-Ans. Yes, sir.

Redirect:

Ques. 36. How old are you now?-Ans. 49, the 29th of next June.

($0.85 paid as fee by contestee.)

STATE OF IOWA,

Linn County, 88:

JOHN MEEHAN.

FKEDERICK RAY, being produced and sworn before M. P. Mills, notary public of Linn County, on this 26th day of Apr., '83 (M. P. Mills appearing on the part of the contestee, and T. Brown on the part of the contestant, testifies as follows):

(Contestant objects to the testimony of this witness for the reason that proper notice of the residence of the witness is not given.)

Ques. 1. Where do you live?-Ans. In Marion Township, this county.

Ques. 2 Did you reside in Marion Township, this county, on the 7th of Nov., '82!— Ans. Yes, sir.

Ques. 3. Did you vote at the general election held on that day?-Ans. Yes, sir. Ques. 4. In what country were you born?-Ans. Eastern part of France.

Ques. 5. Have you naturalization papers? and if so, present them to the commissioner of inspection.

(Witness produces papers. Papers show that Frederick Ray, Dec. 31st, 1867, by the Linn County court having common law and jurisdiction, with the seal, signed by Johnson Eliot, sole judge and ex-officio clerk. Seal of county attached.)

(Objection to the paper. Not best evidence; immaterial. No notice of his production having been given.)

Ques. 6. What ticket did yon vote last fall, Democratic or Republican?—Ans. I vote the Democratic ticket all the time.

Ques. 7. Including Frederick for Congress?-Ans. I took straight Democratic ticket. I am a Democrat. I will die a Democrat. A person has a right to vote for what ever party he pleases, and it isn't anybody's business.

Ques. 8. Where did you first reside in the U. S. ?-Ans. In Ohio.

Ques. 9. How long did you live there?-Ans. 2 years.

Ques. 10. Where did you emigrate next?-Ans. To Dubuque.

Ques. 11. How long did you live in Dubuque ?-Ans. 9 years.

Ques. 12. How long since you left Dubuque ?-Ans. 18 years ago in this month.

Ques. 13. How long since you first voted ?-Ans. I got my paper in 1867; I didn't vote here that year; I voted in '68 for the first time.

Ques. 14. Do you know who you voted for for sec. of state last fall?-Ans. I want you to understand that I vote Democratic ticket. I can't remember every name on my ticket.

Ques. 15. Did you read your ticket?-Ans. Of course.

Ques. 16. You read it? How much of it did you read?-Ans. I read it maybe 2 or 3 times; but from that time it is too long; I am too old to remember; I can't tell now which names I voted.

Ques. 17. Ever served on juries in this county-Ans. No, sir.

Ques. 18. Ever been elected or put in office?-Ans. No, sir; I don't want any office. Ques. 19. You say that you live in Marion Township?-Ans. Yes, sir. Ques. 20. How long have you lived there?-Ans. Since 18 years ago. Ques. 21. What business do you follow ?-Ans. Farming all the time. ing now.

Doing noth

Ques. 22. Who was with you when you went to get your papers?-Ans. Mr. Eliot. Ques. 23. Where did you first apply for papers?-Ans. First, from Mr. Eliot; also, second, from Mr. Eliot.

Ques. 24. Who is Mr. Eliot ?-Ans. He was judge at that time.

Ques. 25. How old were you when you came to the U. S. ?-Ans. 35 years old.

Ques. 26. How old are you now?-Ans. 63.

Ques. 27. You can't mention any names on the ticket you voted, can you?—Ans. Well, I looked first time for Democrats, and looked all through.

Ques. 28. Do you know whether you voted for William H—

don't know; I guess I voted for Frederick.

?-Ans. Well, I

Ques. 29. Do you know who you voted for for sec. of state? Did you vote for John A. Hull-Ans. I don't know that now; I knew the men, but I voted the Democratic ticket; I put on some Republican men, but the others, I don't know them.

Ques. 30. You don't know any of the State or Congressional officers?-Ans. No, sir. Ques. 31. You didn't examine the tickets except as to township officers ?—Ans. I look among the township officers, and looked for a good man. I didn't care whether

it was Democrat or Republican.

Ques. 32. You didn't read your ticket except as to township officers ?-Ans. Yes, sir; that is it.

Ques. 33. Can you swear to any of the names on the State ticket?-Ans. No, sir; I can't swear that.

Ques. 34. You can't swear to any ticket except as to township officers ?-Ans. That is all; yes, sir.

Redirect:

Ques. 35. You simply know that you vote the Democratic ticket, and when you go the polls to vote you get a straight Democratic ticket and vote it!

(Objection as leading.)

Ans. Yes, sir; except in township offices.

Ques. 36. Your brothers are Democrats?-Ans. Yes, sir.

Cross-examination:

Ques. 37. Did you ever vote for a Republican-any township Republican?—Ans. Yes, sir; I have.

Ques. 38. Did you vote for a Republican last fall?-Yes, sir; I did.

Ques. 34. How many Republican names were on that ticket that you know of?— Ans. 2 that I know of; for justice of the peace, one.

Ques. 35. There might have been more Republicans that you didn't know of?— Ans. No, sir.

Ques. 36. How do you know that that was a straight Democratic ticket, if there were Republicans on it ?-Ans. I put 2 Republicans on myself.

Ques. 37. Who else did you put on besides these two?-Ans. Because I knew two men that suited me.

Ques. 38. You didn't put any names on for State officers?-Ans. No, sir.

Ques. 39. You didn't pay any attention to State ticket?-Ans. No, sir; except these two township officers.

Ques. 40. You didn't read that part of the ticket at all?-Ans. No, sir; I don't remember the names on it.

Ques. 41. Now, is not the reason that it is straight Democratic ticket, because it read Democratic ticket on top?-Ans. Yes, sir; that is the reason. I saw Democratic ticket on top.

Ques. 42. (Redirect.) You never knew the Democratic ticket to lie? If it says Democratic ticket on top, it is generally Democratic ticket ?-Ans. If I wanted Democratic ticket I could get it.

$1.75 paid as fee by contestee.

FREDERICK RAY.

STATE OF IOWA,

Linn County, 88:

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

(Objection to the testimony for the reason that no notice has been given of the residence of the witness.)

Ques. 1. State in what township you resided in last Nov.-Ans. In Fairfax.

Ques. 2. Were you one of the judges of the election held Nov. 7th, '82 ?—Ans. No, sir.

Ques. 3. Were you one of the township trustees?-Ans. No, sir.

Ques, 4. Were you one of the clerks ?-Ans. No, sir.

Ques. 5. Were you present at the election ?-Ans. Yes, sir.

Ques. 6. What were you doing there ?-Ans. I was there like anybody else.

Ques. 7. Peddling tickets?-Ans. I had the tickets; yes, sir.

Ques. 8. What kind of tickets?—Ans. Both kinds, Democratic and Republican. Ques. 9. Did you know Joseph Lawrence?-Ans. Yes, sir.

Ques. 10. Did he vote there that day ---Ans. I don't know.

Ques. 11. Did you give him a ticket?-A. I don't know.
Ques. 12. Was he at the polls?-Ans. I don't know.

Ques. 13. Now, to refresh your recollection, let me ask you if you did set on the board that day?-Ans. No, sir; I didn't.

Ques. 14. Were you there working in the interest of anybody?-Ans. Yes, sir.
Ques. 15. What were you running for?-Ans. Road supervisor.

Ques. 16. On the Democratic-Ans. No, sir; on any ticket.

Ques. 17. Were you on the Democratic ticket?-Ans. I was on all tickets; there is no such ticket as road supervisor Democratic ticket.

Ques. 18. Was your on any Democratic ticket?-A. No, sir; on no ticket, only when I put it on.

Ques. 19. Were you peddling Democratic tickets that day!-Ans. I peddled all kinds; that is the only Democrat ticket I gave them.

Ques. 20. Did you give Mr. Lawrence any ticket?-Ans. I don't know.

Ques. 21. You say you don't know the man; you say he was not there at the eleetion -Ans. I don't know.

Ques. 22. Did you see him there -Ans. I don't know.

Ques. 23. Did he vote for you?-Ans. No, sir; he don't live in my district.

Ques. 24. Where were the polls held -Ans. In Fairfax.

Ques. 25. Did he take a ticket out of your hands?-Ans. I don't know.

Ques. 26. Did you see him have a ticket in his hand?—Ans. I don't know.

Ques. 27. You don't know?-Ans. I don't know whether he was there.

Ques. 28. Did you ever say in any conversation that you gave him a ticket?—Ans. No; I never said I gave him a ticket.

Ques. 30. Who was there peddling tickets that day -Ans. Mr. Rowe gave out tickets.

Ques. 31. Did John Garry peddle tickets?-Ans. I expect so.

Ques. 32. Did Mr. Rowe give him a ticket?-Ans. I don't know; what is the name! Ques. 33. Joseph Lawrence.-Ans. I don't know a man by that name; I was thinking of another man.

Ques. 34. This man Joseph Lawrence was a little, short man that worked for Ton his farm; do you know who I mean?-Ans. Yes, sir; I know who you mean. Ques. 35. Did you see him at the election ?-Ans. I saw a man who was said to be working there.

Ques. 36. Did you understand his name to be Joseph Lawrence ?-Ans. No, sir. Ques. 37. What did you understand his name to be?-Ans. I don't know. Ques. 38. Well, did you give that little fellow a ticket that day?-Ans. Yes, sir; I gave him one.

Ques. 39. What kind did you give him?—Ans. I don't know; but I am sure I had both kinds.

Ques. 40. What kind do you think?-Ans. Democratic ticket.
Ques. 41. Are you Democratic?-Ans. Yes, sir.

Ques. 42. If he were willing to vote the Democratic, you gave him that?—Ans. He was outside.

Ques. 43. You remember having part of the State ticket -Ans. Yes, sir; I remember that little short man that was there; I don't want to say that man was Joseph Lawrence.

Ques. 44. You gave him a Democratic ticket?-Ans. I suppose that it was a Democratic ticket.

Ques. 45. That was at the polls?-Ans. No, sir; on the street.

Ques. 46. He was going towards the polls?-Ans. He was going that way.
Ques. 47. He took the ticket you gave him, did he?-Ans. Yes, sir; he took it.

Cross-examination:

Ques. 49. You don't know whether that man voted or not, do you?—Ans. No, sir. Ques. 49. You don't know his name?-Ans. No, sir.

Ques. 50. You don't know whether it was Joseph Lawrence or not?-Ans. No, sir. Ques. 51. You don't know positive whether you gave him a Democratic ticket or not -Ans. Well, it was likely it was a Democratic ticket.

Ques. 52 Do you know that other people did not give him tickets?-Ans. No, sir; I don't know.

Ques. 53. There were others to give him tickets?-Ans. Plenty there to give him tickets.

($1.75 paid as fee by contestee.)

STATE OF IOWA,

Linn County, 88:

E. LEFBURE.

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

Ques. 1. Where did you reside Nov., '827-Ans. In Fairfax Township.

Ques. 2. Are you acquainted with Henry F-?-Ans. Yes, sir.

Ques. 3. Do Joseph Lawrence?—Ans. Yes, sir.

Ques. 4. Is he the man working for Henry F- Nov. last?-Ans. Yes, sir.

Ques. 5. Did you see at the polls?-Ans. Yes, sir.

Ques. 6. I will ask you if you know what time this man came into Linn Co. ! (Objection: Incompetent, irrelevant.)

Ans. He said to me

(Objection: Hearsay.)

Ans. Well, he said to me that he came from Solon to Fairfax Township, Linn Co., 26th last Oct.

Ques. 7. Now, I believe you said there that Solon is in Johnson Co. -Ans. Yes, sir. Ques. 8. You may state whether or not you ever heard Mr. Lawrence or any other person say how he voted.

(Objection by contestant as hearsay and immaterial, incompetent.)

Ans. No, sir.

Ques. 9. Now, you may state whether you heard Mr. Lawrence or any other person say how he voted?—Ans. No, sir; I never Lawrence say, but I have heard others

say.

Ques. 10. State who and what they said ?-Ans. Henry F— said

(Objection: Hearsay.)

said to me that Lawrence told him that he voted the straight Democratic ticket.

Cross-examination :

Ques. 11. You had a conversation with Henry F―; when was it?-Ans. I think on or about the 14th of Feb.

Ques. 12. How long was that after the election?—Ans. Some considerable time; election was in Nov.

Ques. 13. How long did Mr. Lawrence say that he had lived in Solon?—Ans. Well, he didn't state to me how long he had lived in Solon.

Ques. 14. You don't know but what he had lived for some time in Linn Co., and lived a short time in Johnson Co. ?-Ans. The question was asked in my presence only. He came to Linn Co., and the reply was made that he came from Solon in Oct. Ques. 15. Was the question asked when he came to Linn Co., Fairfax Township?— Ans. No, sir; they say there that he was asked the question, "When did you come here?" He said, "The 26th of October."

Ques. 16. What business did this man follow ?-Ans. He was employed on a farm. Ques. 17. Do you know where his parents resided?-Ans. No, sir; I don't know that he had any.

Ques. 18. You don't know that he ever had any ?-Ans. I suppose he had.

Ques. 19. Where is that man now ?-A. I don't know; he has left the country as far as I know.

Ques. 20. Do you know where he worked last summer?-Ans. Only what he said himself.

Ques. 21. You don't know how long he had been in Solon -Ans. No, sir; only so far as reported as by himself.

Ques. 22. Did you challenge his vote at the election ?-Ans. It was challenged, but I didn't challenge it.