Ques. 23. Did he swear it in?-Ans. He didn't.

Ques. 24. Was it received?—Ans. Yes, sir; the question came up that he had not been here long enough.

Ques. 25. You don't know that he did vote at the Nov. election -Ans. The records would show whether or not he did.

cans.

Ques. 26. You have no knowledge of your own as to what his politics are?—Ans. I know that he was working for the Democratic and I was working for the RepubliThe Democrats said that he had just been naturalized, no matter where he had resided; the judges were persuaded that that was correct law and good law. When I came the question was asked of me, and I said that he wasn't, but he had voted.

Ques. 27. How do you know that he had voted?-Ans. From the fact that there wa a good deal of talk about it.

Ques. 28. You don't know whether he swore in his vote or not?-Ans. I know by repetition that he didn't.

Ques. 29. You were not present?-Ans. No, sir; not then.

Ques. 30. You didn't see him swear his vote in ?-Ans. No, sir; if I had been present he would not have voted.

Ques. 31. You were judge of the election ?-Ans. No. sir.

Ques. 32. Ho long were you acquainted with the man?-Ans. Only a casual acquaintance.

Ques. 33. How could you have kept him from voting?—Ans. By challenging his

vote.

Ques. 34. Suppose he would have sworn it in -Ans. I don't think he would have sworn in what was false.

Ques. 35. Do you think that he would have voted illegally; do you think that ho was not a straight man ?-Ans. Yes, sir; as others are.

Ques. 36. Is it not usual for a man not a voter to offer to vote?-Ans. Very often people vote ignorantly, not knowing that they are legal voters.

Ques. 37. You don't know whether this man ever resided out of Linn Co. ?-Ans. Only from what he iuformed me.

Ques. 38. He didn't inform you except when he came to Fairfax ?-Ans. That is all. Ques. 39. He didn't inform you where he was born; where he had lived, and where he had spent his life?-Ans. He didn't inform me.

Ques. 40. Did you know that he was born in Bohemia?-Ans. No, sir; only from his language.

Ques. 41. Now, are there a great many born in this country who have the dialect of the Bohemians?-Ans. Yes, sir.

Ques. 42. Are there a great many Bohemians in this country-Ans. Yes, sir. Ques. 43. Do their children have the same dialect?-Ans. To some extent, I suppose.

Ques. 44. You were born in this country?-Ans. No, sir.

Ques. 45. Where you born?-Ans. In Scotland.

Ques. 46. How long have you been in the United States?-Ans. About 45 years.
Ques. 47. Before what court was you naturalized?—Ans. Before no court.
Ques. 48. Never naturalized?-Ans. No, sir; not personally.

Ques. 49. Now I will.ask you if you voted at the Nov. election, 1882-Ans. Yes, sir.

Ques. 50. Who did you vote for?-Ans. For the Republican candidates.
Ques. 51. Did you vote for James Wilson for Representative ?-Ans. Yes, sir.
($1.65 paid as fee by contestee.)

STATE OF IOWA,

Linn County, 88:

WILLIAM URE.

W. B. MCELROY, 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 the contestee, and T. Brown on the part of contestant):

(Objection; contestant objects to the testimony of the witness, for the reason that proper notice was not given of his residence.)

Ques. 1. Where do you live?-Ans. In Fairfax.

Ques. 2. Do you know Joseph Lawrence ?-Ans. Yes, sir.
Ques. 3. Is he the same party that worked for Henry F-

--Ans. Yes, sir.

Ques. 4. Did you ever have any conversation with this Lawrence about the time he came to live in Linn Co. ? If so, state it.-Ans. I have known the man ever since the 14th or 16th of Feb., but I had no conversation with him at all.

Ques. 5. Tell it in your own language.

(Contestant objects; hearsay.)

Ans. I saw him at Henry F- -'s sale; I went to him for the purpose of finding out

how long he had been in this county. It had been reported that he had been here but a short time. I said to him, "How long have you been in this county?" He said that he came the 26th day of Oct. I said "Not that long;" I struck up an argument. He said that he was never in Linn Co. until the 26th of Oct. He came from Solon to Linn Co.

Ques. 6. Did you know from him or from any person what ticket he voted on election-day?

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

Ans. I couldn't say what ticket he voted.

Ques. 7. Did you hear it from him or from some one else?-Ans. Henry F- came to me and said that he told him that he voted the straight Democratic ticket.

Ques. 8. At Fairfax, in this county ?-Ans. Yes, sir.

Ques. 9. Where is this man Lawrence?-Ans. Í understood by the constable that he had left the country, and could not be found.

Ques. 10. Where is Henry F- -?-Ans. In Philadelphia.

Ques. 11. What are Henry F--'s politics?-Ans. Republican.

Ques. 12. And you are Republican-Ans. Of course I am, sir.

Ques. 13. All you know about this man voting is what Henry F― told you?— Ans. Yes, sir.

Ques. 14. Did Henry F— say he saw him vote?-Ans. No, sir.

Ques. 15. You don't know that Henry F-saw you vote?-Ans. I think not.
Ques. 16. All you know about it is what Henry F told you?-Ans. That is all.
Ques. 17. You don't know but what Henry F made that objection to get a vote

for Wilson-Ans. No, sir.

Ques. 18. You don't know anything about this man except what you have heard!Ans. Except what he stated to me.

Ques. 19. You only heard what he said, long after the election ?-Ans. Yes, sir; it was in Feb.

Ques. 20. He told you then when he came to Linn Co.; where did he say he had been residing?-Ans. He said that he came to Solon; that he had never been to Linn County until the 26th of Oct.

Ques. 21. Did you ask him that question for the purpose of drawing how he had voted?-Ans. No, sir; we were not trying to find out how long he had been here. Ques. 22. Did you attend the election ?-Ans. Yes, sir.

Ques. 23. Did you see that man there? Did you know all the hands in Henry F.'s employ-Ans. I know some of them; this is the only hand he had then.

Ques. 24. Did you know that he hired men?-Ans. Not from that time.

Ques. 25. How often had you been at his place to see how many men he had ?—Ans. I could not tell that. I go to Fairfax 2 or 3 times a week; sometimes not for a week

or two.

Ques. 26. Had you been on F.'s place before that time to know how many men h● had employed?-Ans. No, sir.

Ques. 27. Did you know how many men he had employed before that time?—Ans. No, sir.

Ques. 28. You don't know but what he had 3 or 4 men?-Ans. No, sir; that is the only man that I saw there.

Ques. 29. Did you see all the men that he had employed?-Ans. Yes, sir.
Ques. 30. What business does he follow?-Ans. Farm.

Ques. 31. Did you go over his farm?-Ans. I had to go around part of it to get to Fairfax.

Ques. 32. Were you ever there during the fall of '82 at the time that he was taking dinner?

Ques. 33. You don't know what men he employed before election ?-Ans. No, sir. Ques. 34. He may have had 3 or 4 men before election ?-Ans. Yes, sir. ($1.85 paid as fee by contestee.)

STATE OF IOWA,

Linn County, 88:

W. B. MCELROY.

JOSEPH LASPISHIL, being produced and sworn before M. P. Mills, a notary public for Cedar Rapids, on this 26th day of April, A. D. 1883, testifies as follows (M. P. Mills appearing on the part of contestee, and T. Brown appearing on the part of contestant)

(Contestant objects to the testimony of the witness, for the reason that proper notice was not given of his residence.)

Q. 1. Where did you live in Nov., '82 ?-A. In West Cedar Rapids, Linn County. Q. 2. Did you vote at the general election held on Nov. 7th, '82-A. Yes, sir.

Q. 3. Now of what country are you a native of?-A. Of Bohemia.

Q. 4. Have you been naturalized; and if so, have you your papers with you?—A. Yes, sir.

Q. 5. Present them to the commissioner for his inspection, please.

(Contestant objects. Incompetent, irrelevant, immaterial; also not the best evidence.)

(Papers presented show witness to the naturalization Dec. 7, '67, in the Linn County court, having common law jurisdiction, and a clerk and seal. Johnston Elliot, County judge and ex-officio clerk of State court, with the seal of the county court attached.)

Q. 6. What ticket did you vote last fall, Democratic or Republican? (Contestant objects; improper.)

A. Democratic ticket.

Q. 7. Including Frederick, Democratic nominee for Congress?-A. That is something I never took notice of; I cannot tell.

Q. 8. Did you vote Democratic ticket, or deposit at the polls?-A. I cannot tell about that now.

Q. 9. It was Democratic ticket, was it, you voted?-A. Yes, sir.

Q. 10. Did you alter it in any way ?-A. No sir.

Q. 11. You voted a State Democratic ticket yourself?-A. I do not recollect.

Q. 12. You voted a straight Democratic, didn't you?-A. I cannot tell.

Q. 13. What is your best opinion?-A. Well, that is pretty hard to tell.

Q. 14. Was the name of a Republican on that ticket to your knowledge?—A.' I guess not.

Q. 15. Then you voted the straight Democratic ticket, didn't you?—A. I am not sure; I do not know.

Q. 16. You didn't put any Republican names on the ticket, did you?—A. No. sir. (Objection; leading.)

Q. 17. You intended to vote the Democratic ticket, did you?-A. I guess I did.

Cross-examination:

Q. 18. How long have you been in the U. S. ?-A. 26 years.

Q. 19. Where have you lived during that time?-A. Since I came here I have lived in Linn Co

Q. 20. How long have you lived in Linn Co. ?-A. About 26 years.

Q. 21. Are you a farmer ?-A. I was.

Q. 22. Have you ever sworn on juries in this county?-A. No, sir.

Q. 23. You say you do not know what names were on the ticket ?—A. I am not

sure.

Q. 24. Did you know any of the names on that ticket being Democratic candidates, only that the heading said "Democratic ticket "?-A. I do not understand that question.

Q. 25. Did you know the men's names printed on the ticket you voted were Democrats, except you saw it was marked Democratic ticket?-A. I guess it was Democratic ticket.

Q. 26. Did you read the ticket?-A. Yes, sir.

Q. 27. Did you read all the names?-A. I suppose so, but I cannot recollect what the name was.

Q. 28. Can you tell whether you remember Mr. John A. Hull's name on the other for sec'y of state?-A. No, sir, I cannot tell; I do not recollect.

Q. 28. Did you know whether the name of Wilson was on the other or not?-A. I do not know.

Q. 29. Do you know whether Southern's name was on there for judge of the circuit court-A. I do not remember.

Q. 30. Do you know who was there for clerk of the circuit court?—No, sir.

Q. 31. Do you know who was on there for Representative ?-A. No, sir; I cannot tell.

Q. 32. Can you now remember the name of any person printed on that ticket, positive, but those who were on for township officers?-A. I think probably it was John W. Henderson that was the last spring election you refer to. Well, then, I am mistaken; I guess I do not know which ticket.

Q. 33. You have been talking about last spring election, haven't you?—A. Maybe I am mixed about that.

Q. 34. Yo say you voted for Henderson?-A. Yes, sir.

Q. 35. Do you know who you received your ticket from?-A. I do not remember that.

Q. 36. You did not recollect, or didn't sufficiently notice them to recollect or remember who you voted for other than you supposed you voted the Democratic ticket ?—A. That is all I can remember.

Redirect:

Q. 37. At the time you voted you know who the Democratic nominees were?—A· Yes, sir; at that time I did, but I cannot remember now.

Q. 38. You knew at that time who the Democratic nominees were ?-A. Yes, sir. Q. 39. And you voted for these nominees?-A. Yes, sir.

Cross-examination:

Q. 40. Were there not a great many split or scratched tickets there, and some had only on candidate and some on another?-A. Well, I did not see many.

Q. 41. You recollect seeing any ticket with Wilson on that was Democratic ticket?— A. I did not take notice at that time.

Q. 42. For all you know Wilson's name might have been printed on that ticket, might it not?

($ 85. paid as fee by contestee.)

STATE OF IOWA,

Linn County, 88:

JOSEPH POSPISHIL.

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

(Objection to this witness, for the reason that proper notice has not been given of his residence.)

Ques. 1. Where did you live last Nov. ?-Ans. Cedar Rapids.

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

Ques. 3. Where were you born?-Ans. In Prussia.

Ques. 4. For whom did you vote for for the office of Congressman ?

BROWN. You need not tell unless you wish.

Ans. I refuse to tell.

Ques. 5. You say that you refuse to tell?-Ans. Yes, sir.

Ques. 6. What ticket did you vote, Democratic or Republican?

(Objection; not proper unless witness sees fit to tell.)

Ques. 7. What ticket did you vote?-Ans. I don't remember; I vote split ticket. Ques. 8. Were you ever naturalized in this country?-Ans. No, sir.

Ques. 9. Is there any other W. Coenen in this county ?-Ans. No, sir.

Ques. 10. How long have you lived in this county -Ans. I guess since 1858, off and on; 3 years and 10 months a soldier.

Ques. 11. Now, I will ask you if you didn't, on the 27th of Oct., 1868, get your papers at Marion ?-Ans. No, sir; I didn't.

Ques. 12. I will ask you now if you didn't make application to the county judge during the year '68? Did you make application to Johnson Elliott, judge of the probate court, for your second papers?—Âns. No, sir.

Ques. 13. Did you get them -Ans. No, sir.

Ques. 14. Did you make application to either of the judges of Linn County, or county judge of Marion, for your second papers?—Ans. No, sir.

Ques. 15. Did you get them?-Ans. No, sir.

Ques. 16. Were there any papers issued to you?—Ans. No, sir.

Ques. 17. Who was Joseph Coenen?-Ans. A brother of mine.

Ques. 18. The same person on the witness stand here this morning?-Ans. Yes, sir. Ques. 19. Now, I will ask you what ticket you generally vote, Democrat or Republican-Ans. I never vote only Democratic or Republican.

Ques. 20. Now, what ticket did you vote last fall?-Ans. Split ticket.

Ques. 21. Did you vote for David Plater, Greenback candidate for Congress?-Ans. No, sir.

Ques. 22. Did you vote for James Wilson, Republican candidate for Congress? (Objection.)

Ans. I don't remember.

Ques. 23. What is your best recollection?-Ans. I don't know; I couldn't tell you. Ques. 24. Give your best recollection?--Ans. I can't tell you.

Ques. 25 What is your business?-Ans. Saloon keeper.

Ques. 26. Were you keeping saloon the 7th of Nov., 1882-Ans. Yes, sir.

Ques. 27. Are you now?-Ans. Yes, sir; but not at the same place.

Ques. 28. You went to the polls that day?-Ans. Yes, sir.

Ques. 29. Where did you go?-Ans. Right down to that door there.

Ques. 30. Now, how long were you at the polls?—Ans. Didn't stay 5 minutes.

Ques. 31. Who voted at the same time you did?-Ans. I don't think hardly anybody.

Ques. 32. From whom did you get your ticket?-Ans. I have forgotten; some fellow threw them on the counter at the saloon.

Ques. 33. Some man peddling Democratic tickets?-Ans. Both kinds.

Ques. 34. What kind did you pick up-Ans. I picked a ticket, marked it, and split it myself.

Ques. 35. Did you write Mr. Wilson's name upon it?-Ans. I don't think so. Ques. 36. Did you write David Platner's name on it?--Ans. I don't know; I couldn't tell it was so long ago.

Ques. 37. What is your best recollection? Was it Greenback candidate?—Ans. Well, I didn't write it on.

Ques. 38. The ticket you picked up was headed Democratic ticket ?-Ans. Yes, sir.
Ques. 39. That is the ticket you voted?-Ans. Yes, sir; part of it.
Ques. 40. Was Wilson's name written on it?-Ans. I can't say.

Ques. 41. Was it printed on?-Ans. I can't tell.

Ques. 42. Did you intend that you went to the polls to vote for James Wilson, Republican candidate for Congress?-Ans. I don't remember; it is too long.

Ques. 43. What is your best recollection?-Ans. Can't remember it.

Ques. 44. Didn't you come to the polls as a matter of fact to vote the State Congressional ticket as a Democratic ticket?

(Objection; leading, incompetent, and immaterial.)

Ans. I can't tell.

Ques. 45. Did you know Frederick?-Ans. I never knew Frederick or Wilson in the world.

Ques. 46. Is Frederick here in the room?-Ans. I don't know that, but I guess he is the gentleman over there.

Ques. 47. As a matter of fact didn't Frederick come to talk to you about the election?-Ans. No, sir.

Ques. 48. Didn't you have any talk with him?-Ans. No, sir.

Ques. 49. Were you not in the crowd where he was?-Ans. No, sir.

Ques. 50. Did anybody electioneer you for Frederick ?-Ans. No, sir.
Ques. 51. No good to electioneer you?-Ans. No, sir; I always go-

Ques. 52. It is generally known that you vote the Democratic ticket?-Ans. Yes, sir; but sometimes I vote the Republican ticket. There is a Republican man that I always vote for.

Ques. 53. Now, are the Republican candidates for office that you voted for men who live here in this township, that you are acquainted with?-Ans. Yes, sir.

Ques. 54. The balance, but you don't know them, are Democratic nominees?-Ans. Yes, sir.

Ques. 55. Is it always so?-Ans. No, sir.

Ques. 56. Was it so last fall?-Ans. I can't tell you.

Ques. 57. What is your best recollection?-Ans. I don't know.

Cross-examination:

Ques. 58. Wasn't Mr. Wilson around to your saloon to get voters?—Ans. No, sir; I guess not.

Ques. 59. Did any of the candidates call in there?-Ans. No, sir.

Ques. 60. Did you see Mr. Wilson in any crowd?-Ans. If this is Mr. Wilson, I have never seen the man.

Ques. 61. How old were you when you came to the United States?-Ans. I guess 12 or 13 years.

Ques. 62. Did your father come with you?-Ans. Yes, sir.

Ques. 63. Was he a citizen?-Ans. I don't know.

Ques. 64. Where does your father live?-Ans. At Marion. He lived in Chicago, and from there he came here, that is to Marion.

Ques. 65. Do you know whether your father was a voter ?-Ans. I don't know. Ques. 66. You have been in the Army?-Ans. Yes, sir.

Ques. 67. How long did you serve in the Army-Ans. 3 years and 10 months, and

over.

Ques. 68. You were regularly discharged?-Ans. Yes, sir.

Ques. 69. You served in the United States Army -Ans. Yes, sir.

Ques. 70. Did you ever take the oath before the court in relation to your services to the Army?-Ans. No, sir.

Redirect:

Ques. 71. How could you remember these things so fresh, and you can't tell how you voted last fall?-Ans. Lots of things, you know, that a fellow forgets.

Ques. 72. It is pretty handy to forget things sometimes?-Ans. I don't know. ($.85 paid as fee by contestee.)

W. COENEN.