Ques. 3. I ask you if you voted at the election in Nov. last?-Ans. No, sir; I didn't. Ques. 4. You know what I mean, do you?-Ans. Yes, sir, I do.

Ques. 5. Where were you?-Ans. Right at home; I didn't go to vote.

Ques. 6. Did you go to Ely that day at all?—Ans. No, sir; I didn't go that day at all. JOHN SHAY.

Paid as fee by contestee, $0.85.

STATE OF IOWA,

Linn County, 88:

H. A. STEARNS, being produced and sworn before M. P. Mills, notary public for Linn County, on this 27th day of April, A. D. '83 (T. Brown appearing on the part of the contestant and M. P. Mills on the part of contestee), testifies as follows:

Ques. 1. What township do you live in?-Ans. Marion Township.

Ques. 2. Did you hold any office by election, by appointment, or otherwise?-Ans. By appointment.

Ques. 3. What office is that?-Ans. Deputy sheriff.

Ques. 4. Have you in your office the records formerly kept by the judge of Linn County-Ans. Yes, sir.

Ques. 5. Have you examined these records to-day?-Ans. Yes, sir.

Ques. 6. Have you the memoranda of your examination?-Ans. Yes, sir.

Ques. 7. State to the reporter if John Mehan was naturalized before the county judge of Linn County; and if so, at what date?

(Objected to as not being best evidence; that the records must speak for themselves; that the examination would only be shown by the records, because it does not appear that John Mehan is the same John Mehan that testified; because it is irrelevant and immaterial.)

Ques. 8. Answer the question; have you examined this record to-day?-Ans. Yes, sir; I have examined it.

Ques. 9. State when John Mehan was naturalized.

(Objected to as not being best evidence; that the records must speak for themselves; that the examination is not sufficient, but would only be shown by the records, because it does not appear that John Mehan is the same John Mehan that testified; because it is irrelevant, immaterial).

Ans. John Mehan obtained same papers in '68, November 2, in the county court, as shown by the court records.

Ques. 10. I would ask you have you examined them as to John Coenen?

(Objected to as not being best evidence; that the records must speak for themselves; that the examination is not sufficient, but would only be shown by the records, because it does not appear that John Mehan is the same John Mehan that testified; because it is irrelevant immaterial.)

Ans. Yes, sir; John Coenen obtained his 2d papers October 22, '68.

Ques. 11. Have you made the same examination as to Jackson Gillmore?-Ans. Yes, sir.

(Contestant objects, as not being best evidence; that the records must speak for themselves; that the examination is not sufficient, but would only be shown by the records, because it does not appear that John Mehan is the same John Mehan that testified; because it is irrelevant, immaterial.)

Ques. 12. When was that?-Ans. October 7, '65.

Ques. 13. Did you make the same examination as to Mike Flaherty 2d March, '68, and the papers you have spoken of were all issued by the county court of Linn County Ans. Yes, sir; as shown by our records.

Ques. 14. Was this shown by the probate court record kept by him?

(Objected to because the records are the best evidence.)

Ans. Yes, sir.

Ques. 15. You have the care and custody of these records in your office?-Ans. Yes, sir.

Cross-examination :

Ques. 16. Did you know John Mehan?-Ans. Yes, sir.

Ques. 17. Were you present when he was naturalized?-Ans. No, sir.

Ques. 18. Do you know whether John Mehan was the same John Mehan that was naturalized?-Ans, No, sir, I don't.

Ques. 19. By what law do you hold the naturalization papers except by the probate records -Ans. By the State law, I suppose.

Ques. 20. Do you know of any other law by which you are custodian of any of the court records? Are you bound by any law?

(Mills says you needn't answer that.)

Ques. 21. Do you claim that you can hold any records except the probate records ?—

Ans. Why, I suppose I do; under the laws of the State of Iowa that was the extent of all the county records.

Ques. 22. Have you any authority by which you can have any records except the probate records ?-Ans. I can't do it.

Ques. 23. Will you take the advice of any counsel, or the counsel of the other side, and let them point it out ?-Ans. The counsel on the other side refuses to do so. Ques. 24. What advice does the counsel give you?-Ans. None.

Ques. 25. What did he say to you?-Ans. He said not to answer any question. Ques. 26. Do you know of any authority by which you are the custodian of any records except the records of the probate court?-Ans. Personally I don't; no, sir. Ques. 27. What book do you find the records in ?—Aus. In the county court records of Linn County.

Ques. 28. Is there more than one book of naturalization there?-Ans. There is only one in the county court that I can find.

46

Ques. 29. Have you got your book here?—Ans. No, sir.

Ques. 30. What did it have on the back of it?-Ans. To my best recollection it is County court record of Linn County."

Ques. 30. Is that signed and certified to by anybody?-Ans. No, sir.

Ques. 31. Have you anything to identify it that it is the county court record ?-Ans. Only by the book itself.

Ques. 32. Simply marked what?-Ans. "A county court record."

Ques. 33. Does it not say "The record of the county court of Linn Co. ?"—Ans. It says "The county court record," to the best of my recollection.

Ques. 34. Do you know Joseph Coemen?-Ans. Yes, sir.

Ques. 35. Do you know that he is the same person here referred to ?-Ans. No, sir; I don't.

Ques. 36. Do you know Jackson Gillman ?-Ans. No, sir; I don't.

Ques. 37. You don't know what Jackson Gillman that refers to?-Ans. No, sir; I don't.

Ques. 38. You don't know but what there might be half a dozen names of that name in the county?-Ans. I don't know, though there might be.

Ques. 39. Is there any naturalization papers issued by the circuit or district court ?— Ans. No, sir.

Ques. 40. How many of the books have you examined for naturalization papers?— Ans. 7 or 8 books.

Ques. 41. Have you examined the naturalization papers of the district and circuit to-day?-Ans. No, sir.

Ques. 42. Did they contain the naturalization papers of a great many men ?—Ans. Yes, sir. Ques. 43. Can you remember the names of all the men that are on record ?-Ans. No, sir.

Ques. 44. Do you know there is no name of Joseph Coeman on that record?—Ans. No, sir. Ques. 45. Do you know there is no name of Joseph Coeman on these records ?—Ans. No, sir.

Ques. 46. Do you know there is no name of John Meeham on these records?—Ans. Yes, sir.

Ques. 47. Is not the name of John Meeham spoken of the same as it reads here?— Ans. I don't know.

Ques. 48. What kind of a name?-Ans. I don't think I saw the name.

Ques. 49. Is not the spelling of English names sometimes different?-Ans. Yes, sir; I think so.

Ques. 50. Are not proper names differently spelled -Ans. Yes, sir.

Ques. 51. You do not mean that the name of John Meeham is not there ?—Ans. I don't find that in the district court.

Ques. 52. Are there a great many naturalization records that are not indexed?— Ans. I don't know.

Ques. 53. John Meeham may be on some of these records?—Ans. He may be; I don't know.

Ques. 54. Ten years prior where did the district court keep their naturalization papers-Ans. In the district court, I suppose.

Ques. 55. Did you examine the county court record to see whether the district court, ten years prior to '68, kept their naturalization in the book of the records of the county court-Ans. I examined the district and circuit court records and the county court

records.

Ques. 56. Did you examine them ten years prior to '69-Ans. I don't think I examined anything preceding '69.

Redirect:

Ques. 57. Is the book called the "county court record” kept in your office?—Ans. Yes, sir.

Recross-examination:

Ques. 58. You don't know but there are other books kept in the auditor's office?— Ans. I don't think there are.

Ques. 59. You don't think there are any books in his office ?-Ans. I don't think he has any.

Ques. 60. He doesn't have the county office records?-Ans. Yes, sir.

Ques. 61. All of the county offices?-Ans. Yes, sir.

Ques. 62. Does not the law make the auditor custodian of all the books except the county court records?-Ans. I don't know.

($1.85 paid as fee by contestee.)

STATE OF IOWA,

Linn County, 88:

H. S. STEARNS.

I, Eldon Moran, a notary public and commissioner agreed upon to take testimony in this cause, in pursuance of the annexed agreement, attached to the testimony of J. L. Adams, whose testimony was taken Feb. 22nd, 1883, do truly certify that on the 26th and 27th, in pursuance of the notice hereunto annexed, I took the depositions of the following witnesses: W. J. Koslovsky, Philip Seitz, John Drefehl, James Bird, John Flaherty, James McNamara, Michael Flaherty, James Hedge, D. Anssieker, William Hanser, Jackson Gilmore, Joseph Coemen, Frederick Peter, James Wehrent, Marion Martin, Weitzel Tomask, Michael Mentz, Gotleib Weis, Thomas Albenes, John Dahnes, Frank Smerchek, John Meeham, Frederick Roy, E. Lefbure, William Ure, W. B. McElry, Popishil Joseph, William Coemen, Joseph Rubeck, Joseph Smerchek, A. M. Reynolds, Frank Kopetzky, Weitzel Koglain, Frank Peremsky, L. Turner, C. L. Green, H. A. Sutherland, Christian Markert, Julius Markert, Henry Gallager, John Binko, James Kuaph, jr., William W. Thomas, John Shay, H. A. Stearns, whose testimony is set forth in the following manner:

Each witness was by me duly sworn, or caused to be sworn in my presence, as provided by law, and when sworn the questions were propounded to him by the respective parties-Benj. T. Frederick, contestant, and James Wilson, contestee-by their respective att'ys; and the same read to the witness, who answered the same, and his auswers by me in the language of the witness taken down under each question propounded, and reduced to writing till the deposition was completed.

I further certify that when the testimony of each witness was taken I carefully read the same over to the witness, who corrected the same, and each correction noted, and said testimony was then signed by the witness and sworn to by him before me. I further certify that T. Brown & Carney appeared as counsel for the contestant, Benj. T. Frederick, and M. P. Mills appeared as counsel for contestee, James Wilson. In witness whereof I have set my hand and seal notarially this 26th and 27th of April, 1883.

[SEAL.]

ELDON MORAN, Notary Public for Johnson County, Iowa, and Commissioner agreed upon to take testimony.

UNITED STATES OF AMERICA,

Linn County, State of Iowa, 88:

TO BENJAMIN T. FREDERICK, or BROWN & CARNEY, his attorneys:

You are hereby notified that at public school-house in Ely, Linn County, Iowa, and before Eldon Moran, a commissioner apointed in the county of Linn, and State of Iowa, on the 7th day of April, A. D. 1883, at 9 o'clock a. m., the contestee, James Wilson, will take the testimony of the following-named witnesses, to wit: Joseph Detrt, Frank Ditrt, John F. Bishup, John Roubrek, Frank Lonar, Frank Wecheskee, Joseph Shinbersky, Joseph Shider, Joseph Krevanek, Joseph Jocobitz, Wesley Vorel, John Vodicka, John Wellosky, Frank Erosek, Frank Swec, Frank Budic, Frank Miska, Joseph Kopecky, Wesley Holec, Peter Sebosek, John Yihuska, John Kolibor, sen., Wesley Splihal, Joseh Netolisky, Joseph Spochek, Wesley Netolisky, Joseph Tiphos, Frank Pirhle, Frank Pechinha, Joseph Shola, all of Jefferson Township, Johnson Co., Iowa; John Wonrochek, Joseph Josephek, John Konesik, Wm. Werba, sen., Geo. Chadema, Peter Betsiska, Anton Chekok, Frank Yornek, John Nomechel, Wesley Cherveney, Louis Wynona, John Cherveney, Joseph Korbueka, Joseph Kismouth, Wet Wortrobeck, John Mekota, John Kroul, Joseph Sedlockek, Anton Zock, Frank Bermish, Wesley Bortosh, John Eyrish, John M. Eyrish, Wesley Eyrish, Joseph Durbishire, Nicholas Durbishire, Joseph Serbosek, Daniel Kulthire, Daniel Kulthire, jr., Mathias Hyah, Anton Chehra, John Woora, Wm. Korob, John Kochina, Victor Rousha, Enos Seebosek, Frank Serbosek, Frank Rosha, Joseph Rosha, Frank Hyock, Wesley Zimonds, Albert Kohmikee, Joseph Pole, John Pole, Martin Bostik, Stephen Dworough, Joseph Luduchek, Wesley Humporek, Wesley Mochka, Wm. Dusil, Frank Sedlochek, Wesley

Dhloe, Albert Mora, Joseph Klisner, Chas. Probst, Frank Mochola, Joseph Dwosroch, John Cotlets, John Rova, all of Monroe Township, Johnson County, Iowa, whose testimony, when so taken at the proper time, will be read in evidence before the House of Representatives of the United States in the contest made by you for the office of Representative in Congress from the fifth Congressional district of Iowa. Dated at Iowa City this 5th day of April, A. D. 1883.

STATE OF IOWA,

Linn County, 88:

JAMES WILSON, by JAMES W. CONE, His Attorney.

Deposition of witnesses produced before me, a notary public and commissioner agreed upon to take testimony, and duly sworn before a notary publie for Linn County, Iowa, on this 7th day of April, 1883, at Ely, in pursuance of the notice hereunto attached, in a proceeding pending before the House of Repre sentatives of the United States of America, in a contested election for the office of Representative in Congress, in which proceeding Benj. T. Frederick is contestant and James Wilson contestee; Brown & Carney for contestant and M. P. Mills for

contestee.

The following testimony was taken before me :

STATE OF IOWA,

Linn County, 88:

FRANK MISHAK, being produced and sworn before

notary public for

Linn County, on this 7th day of April, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and W. H. Cone on the part of contestee):

(By interpreter D—.)

Q. 1. What is your age?-A. 58 years.

Q. 2. Where does he live?-A. In Johnson County, Iowa.

Q. 3. What township?-A. In Monroe Township first; now in Jefferson Township.

Q. 4. What is his business?-A. His business-he just lives at home.

Q5. Ask him if he voted at the election in Jefferson Township 7th of Nov., 1882 ?— A. Yes, sir; he voted, and has voted for 20 years.

Q. 6. What ticket did he vote?

BROWN. He need not tell unless he wants to.

(Contestee objects to the counsel instructing the witness to that effect.)

A. He says that he voted several kinds.

Q. 7. What ticket did you vote in Nov., 1882 ?

BROWN. You need not answer that unless you wish to.

A. Yes, sir; he says he voted.

Q. 8. What ticket did he vote -A. He says that he doesn't have to tell.

Q. 9. Tell him he must answer; otherwise he will be subject to penalty.

BROWN. Inform him otherwise.

Q. 10. Ask him where he was born; what place, and in what country.-A. In Bohemia.

Q. 11. When did he come to the United States ?-A. In 1856.

Q. 12. Ask him if he has citizen's papers.—A. Yes, sir; he has.

Q. 13. Tell him to show these papers to the commissioner.-A. He says that he wants his pay; he only received 75 cents.

Q. 14. How far do you live from here ?-A. 5 miles and a half.

(Witness produces papers.)

Q. 15. Where did you obtain these papers?-A. At the court-house.

Q. 16. Where; what town?-A. Iowa City.

Q. 17. Ask him if this is his naturalization paper?-A. He says it is.

(The same certificate introduced in evidence the same as those introduced in Iowa City, issued on the 12th of October, 1863, by the county court of Johnson County, Iowa, George W. McCleary, Frank Mishak, a native of Bohemia, became a citizen of the United States, by applying to the Johnson County district court to be admitted as a citizen, and took the oath that he had renounced all allegiance to Frances Joseph, Emperor of Austria; that it appeared to this county court Joseph Hedletchker, signed George W. McCleary, county judge, 12th of October, 1863, 5-cent revenue stamp on it, with the seal of Johnson County, Iowa.)

Q. 18. Ask him what ticket he voted at the November election?

(Brown says that he must not answer it.)

(Wilson says that his paper has been proven illegal hence he must answer the ques

Q. 19. Ask him if he voted Democratic ticket in Nov., 1882, in Jefferson Township?— A. He says that he doesn't have to answer it.

Q. 20. Tell him he must answer the question?

(Commissioner informs the witness that the attorneys claim this paper is not good, and that if he doesn't answer the question he is subject to punishment for contempt.) A. He said that nobody asked him how he voted; he asked nobody how they voted, and that it will not be necessary to answer it.

Q. 21. Ask him if any one told him not to testify?-A. He says that he will never ask anybody, and he didn't want anybody to ask him.

Q. 22. Ask him whether or not anybody told him not to answer the questions?—A. No, sir; he says no one told him.

Q. 23. Ask him who he talked with since he came to town this morning?—A. Nobody. Q. 24. Ask him what party he belongs to?-A. He says that he voted Republican ticket; Democrat ticket, and all kinds.

Q. 25. Ask him what ticket he voted last fall?-A. He says that he will not say. Q. 26. Ask the witness if he refuses to answer the questions because Mr. Brown, counsel on the other side, instructed him not to?

(BROWN. I said that it was a personal privilege of his, and that he can do as he likes about it.)

Q. 27. Ask him if he absolutely refuses to answer how he voted last fall?-A. No, sir; he says that he will not answer.

Q. 28. Why does he refuse to answer?-A. Because he says that he never asks anybody how he voted.

Q. 29. Ask him if he doesn't recognize the right of the court to inquire after the truth-A. He says that he doesn't do anything against the law.

Q. 30. Ask him if he has been sworn to testify to the truth, the whole truth, and nothing but the truth, before the notary public of Linn County, Iowa -A. He says that he has answered all the questions that have been propounded to him.

Q. 31. Ask him if he has answered all the questions that have been propounded to him-A. He says that nobody asked him whether he voted Republican or Democratic ticket.

Q. 32. Did you vote the Democratic or Republican ticket?-A. He says that he will

not answer.

Q. 33. Ask him, if when he refuses to answer whether he voted Democratic ticket or not, whether he is testifying to the truth?-A. He says that he don't think you have any right to make him answer that question.

Q. 34. Tell the witness in case he still refuses to answer the question as to whether or not he voted Democratic ticket in Nov. 1882, he must go to Washington City at his own expense.

BROWN. Tell him there is no such law as that at all; that they can't take him to Washington at his own expense, and that Mr. Frederick will see him through with it. Q. 35. Now, do you still refuse to answer the question ?-A. He says that he has not voted the Democratic or Republican ticket, but a mixed ticket.

Q. 36. When did he vote the mixed ticket?-A. He says at last fall election he did. Q. 37. What ticket did you use, Democratic or Republican ?-A. A Democratic ticket, but that Republicans were forcing this on him.

Q. 38. What Republicans?-A. Graham, and some others.

Q. 39. Ask him if he scratched the Congressman off of the Democratic ticket?-A. He says no, that he didn't scratch it off.

Q. 40. Ask him again if he scratched it off, whether he scratched off B. T. Frederick from his ticket?-A. He says that he didn't know, that he can't read English. Q. 41. Ask him if the name at the head of the ticket was marked off?-A. He says that he doesn't remember.

Q. 42. Ask him if he marked any off?-A. He says that he struck off one.

Q. 43. Ask him what one that was?-A. He says that it was a big man in the city. Cross-examination.

Q. 44. Did you know that Mr. Wilson's name was on the ticket at all?-A. He says that he doesn't know anything about it.

$1.35 paid as fee by contestee.

STATE OF IOWA,

Linn County, 88:

FRANK MISHAK.

I, Eldon Moran, a notary public and commissioner agreed upon to take testimony in this cause, in pursuance of the annexed agreement, attached to the testimony of J. L. Adams, whose testimony was taken Feb. 22nd, 1883, do truly certify that on the 7th of April, in pursuance of the notice hereunto annexed, I took the deposition of Frank Mishak, whose testimony is set forth in the following manner.

Witness was by me duly sworn, or caused to be sworn in my presence as provided by law, and when sworn the questions were propounded to him by the respective parties,