Benj. T. Frederick, contestant, and James Wilson, contestee, by their respective attorneys, and the same read to the witness, who answered the same, and his answers 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 7th of April, 1883. [SEAL.] ELDON MORAN, Notary Public for Johnson County, Iowa, and Deposition of witnesses produced before me, Eldon Moran, a notary public and commissioner ageed upon to take testimony, and duly sworn by Milton Remley, notary public of Johnson County, on this 1st day of May 1883, at Oxford, in pursuance of the notice hereunto attached, in a proceeding pending before the House of Representatives 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 contestée (Brown & Carney, att'ys for contestant, and Milton Remley and J. W. Cone, for contestee). The following testimony was taken before me: STATE OF IOWA, Johnson County, 88: JOHN HOHER, being produced and sworn before Milton Remley, on this 1st day of May, 1883 (Milton Remley, appearing on the part of the contestee, and T. Brown, on the part of contestant) testifies as follows: Ques. 1. Where do you reside?-Ans. I live here now. Ques. 2. What is you age?-Ans. Born in 1827. Ques. 3. Where were you born?-Ans. In the old country. Ques. 4. What country?-Ans. Berlin, Germany. Ques. 5. You voted at the last election in Nov. 1882?—Ans. Yes, sir; every time since I got the paper. Ques. 6. What ticket did you vote last fall?-Ans. I don't know; I vote the Democrat ticket. Ques. 7. You say that you vote the Democratic ticket; did you vote the straight Democratic ticket?-Ans. I voted a straight Democratic ticket. Ques. 8. State who you voted for Representative in Congress, Frederick or Wilson ?— Ans. I don't know; I voted a Democratic ticket. Ques. 9. You didn't scratch any?—No, sir. Ques. 10. Where were you naturalized, if at all? Where did you get your naturalization papers? (Brown produces a paper and asks if this is the paper he got when naturalized.) Ans. I was naturalized.) Ques. 11. Where did you get your naturalization paper?-Ans. In the old courthouse, in Iowa city. Ques. 12. Before what court?-Ans. I don't know. Ques. 13. Was this the paper that the court gave you ?-Ans. Yes, sir. Ques. 14. Was this the only citizen paper you ever got?-Ans. Yes, sir; the judge gave it to me. Ques. 15. What judge?-Ans. Judge McCleary. Ques. 16. Was this the only paper that you got ?-Ans. Yes, sir. Ques. 17. You were never naturalized in any other place ?-Ans. No, sir. (Contestant objects as incompetent and immaterial.) COPY OF THE NATURALIZATION PAPERS. U. S. OF AMERICA, Certificate of naturalization. Be it remembered that the term of the county court [contestant objects as not properly certified to], holden in and for the said county and State of Iowa, on the 7th day of Oct., in the year of our Lord, 1861, was before the honorable Judge McCleary, sole presiding judge and ex-officio clerk of said court, one John Hoher, of a native Berlin, at present a resident of this State, brought in open court and makes application to be admitted to become a citizen of the U. S., and it appearing to the satisfaction of the court, that he had declared and agreed before the Johnson County court, a court of record having common law jurisdiction, and issing a seal, two years at least before his admission, that he had declared his intention to become a citizen of the U. S., and to renounce all allegiance to any foreign prince, state, or sovereignty whatsoever, and particularly to Maxmillian, King of Germany, of whom he was heretofore a subject, and said applicant having declared upon oath, before the court, that he will support the Constitution of the U. S., and that he does absolutely abjure all allegiance to any foreign prince, state, or sovereignty, whatsoever, and particularly to Maxmillian, King of Germany, to whom he was a subject. The court being satisfied by the testimony of Mr. Charles Schicher, that said applicant has resided in the U. S. 5 years next Apr. preceding his admission, without being during said 5 years out of the Territory of the U. S., and within this State at least 1 year; and it further appearing to the satisfaction of this court, that during said time he has behaved as a man of good moral character; attached to the principles of the Constitution of the U. S., and well disposed to the good order and happiness of the same: Therefore the court admitted the said applicant to become a citizen of the U. S. In testimony whereof I, George W. McCleary, county judge and ex-officio clerk of the aforesaid county, have hereto affixed my hand and seal in said county, State of Iowa, on the 7th day of Oct., 1861. [The seal of Johnson County, Iowa.] Cross-examination: GEORGE MCCLEARY, County Judge. Ques. 18. Were you sworn before the court when you got your papers ?-Ans. Yes, sir. Ques. 19. Were you sworn to sustain the Constitution of the U. S. ?-Ans. Yes, sir. Ques. 20. Were you sworn to renounce all allegiance to Maxmillian; you took the oath of allegiance to the U. S., and to become a good citizen of the U. S., did you not?-Ans. Yes, sir. Ques. 21 That was done in court?-Ans. I got it in the court-house. Ques. 22. You got it before the judge when he was holding court?-Ans. I said there was no court. Ques. 23. How did you know there was no court?-Ans. I was in the court-house and that man that made out my papers was in his office. Ques. 24. You didn't know whether that was the court?-Ans. It was in the courthouse. Ques. 25. Did he naturalize anybody else there?—Ans. There was nobody else there except that other man. Ques. 26. That other man was sworn, was he not?-Ans. Yes, sir. Ques. 27. He testified ?-Ans. Yes, sir. Ques. 28. You say that you voted a Democratic ticket? Ans. Yes, sir. Ques. 29. You don't know what men you voted for ?-Ans. No, sir, I don't know. I don't remember. Ques. 30. You voted the names that were on the tickets; were they printed or written -Ans. It wasn't all printed. Ques. 31. You don't know what names were on the tickets?-Ans. No, sir. Redirect: Ques. 32. Do you know who the Democratic candidate for Congress was in this district last fall?—Ans. I vote the Democratic ticket all the time; I don't vote anything else. Ques. 33. Do you know who the Democratic candidate for Congress was ?-Ans. No, sir. Ques. 34. Would you know if you heard it ?-Ans. I went and voted; I don't know what kind of men were on. Ques. 35. You can read?-Ans. No, sir. Recross-examination: Ques. 36. You can write?-Ans. No, sir. Redirect: Ques. 37. Can you read German ?-Ans. Yes, sir. Ques. 38. You certain that you voted the straight Democratic ticket ?-Ans. Yes, sir. (Paid $0.85 as fee for contestee.) STATE OF IOWA, Johnson County, 88: JOHN HOHER. CHRIST LUTHER, being produced and sworn before Milton Remley, notary public for Johnson County, on this 1st day of May, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and Milton Remley on the part of contestee): Q. 1. What is your age?-A. 36 years old. Q. 2. Where were you born?-A. In Germany. Q. 3. Did you vote at the November election, '82, at which the Representative for Congress were voted for?-A. Yes, sir. Q. 4. For whom did you vote for Congress ? (Objection; immaterial and incompetent.) A. I don't know that I have to tell who I voted for. Q. 5. Will you tell?-A. No, sir. Q. 6. Do you refuse to tell?-A. Yes, sir. Q. 7. Did you vote a Democrat or Republican ticket?-A. That is my business. Q. 8. Do you refuse to tell for whom you voted?-A. Yes, sir. Q. 8. Were you ever naturalized at any place except here ?-A. No, sir. ($1.75 paid as fee by contestee.) STATE OF IOWA, Johnson County, 88: CHRIST LUTHER. JOHN MEAD, being produced and sworn before Milton Remley, notary public for Johnson County, on this 1st day of May, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and Milton Remley appearing on the part of contestee): Q. 1. Where do you reside ?-A. In Clear Creek Township. (Objection to the testimony of this witness for the reason that a false place of residence is given.) Q. 2. Where were you born?-A. In Ireland. Q. 3. Did you vote at the November election, '821-A. Yes, sir. Q. 4. What ticket did you vote?-A. I don't know what ticket I voted. Q. 5. Who did you vote for Representative in Congress, Wilson, Frederick, or Platner? BROWN. It is a privilege question. (Remlev objects to the counsel giving instruction to the witness.) A. I don't think that has anything to do with my voting. Q. 6. You can answer such questions that are put to you if you don't want to be punished. (Brown says you don't have to answer.) Q.7. For whom did you vote for Representative in Congress, Wilson, Frederick, or Platner? (Objection; leading and incompetent.) A. I voted the Democratic ticket, I guess. Q. 8. Did you vote a straight ticket?—A. Yes, I voted a straight ticket. Q. 9. Where were you naturalized?-A. In New York City. Q. 10. Have you your certificate of naturalization?-A. I got it burnt up. Q. 11. Were you naturalized in Johnson Co., too?-A. I didn't have to get naturalization papers twice. Q. 12. Do you know any other John Mead?—A. No, sir. Q. 13. What court were you naturalized before in New York City ?-A. In the city hall. Q. 14. It wasn't in Tammany hall, was it; when were your papers burnt?-A. In '59; the second year I was here. Q. 15. You remember of getting naturalization papers in Iowa City ?-A. No, sir; there are Meads living here, but they are not Irish. Q. 16. You say you didn't get any papers in Iowa City?-A. No, sir. Cross-examination: Q. 17. You were regularly naturalized in New York?-A. Yes, sir. Q. 18. You took the oath of allegiance?-A. Yes, sir. Q. 19. You had witnesses?-A. Yes, sir. Redirect: Q. 20. Was there a judge and clerk?-A. Yes, sir. Q. 21. You don't know whether there was a court?-A. I don't know. Q. 22. Who was present when you were naturalized?-A. My brother. Q. 23. Who else ?-A. That is all. Q. 24. Your brother, yourself, and the judge?—A. Yes, sir. Q. 25. Any one else?-A. I don't remember. Q. 26. Who was sworn with you?-A. My brother got his papers at the same time. Q. 27. Did you get your papers before he did?-A. I cannot tell; we got our papers the same day. ($1.75 paid as fee by contestee.) his JOHN MEAD. mark. STATE OF IOWA, Johnson County, 88: GEORGE NORRIS, being produced and sworn before Milton Remley, notary public for Johnson County, on this 1st day of May, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and Milton Remley on the part of contestee): Q. 1. Where do you reside ?-A. I reside in Clear Creek Township. Q. 2. You voted there?-A. Yes, sir. Q. 3. What is your age?-A. I don't know. Q. 4. You are over 217-A. I am over 21. Q. 5. You say that you voted at the last election ?-A. Yes, sir. Q. 6. What ticket did you vote?-A. The Democratic ticket ever since I have been a citizen. Q. 7. You voted straight ?-A. I didn't read it before I put it in. Q. 8. Was there any scratching done on your ticket?-A. I don't know. Q. 9. You intended to vote the straight ticket; you supposed you were voting straight ticket? (Objection as leading.) Q. 10. Did you scratch any yourself?-A. I didn't. Q. 11. Was it scratched any when you got it ?-A. It might have been. Q. 12. Did you intend to vote straight ticket?-A. I believe so. Q 13. Where were you born?-A. In Ireland. Q. 14. How long have you been in this country?-A. 28 years in August. Q. 15. Where did you get your citizen papers?-A. In Iowa City. Q. 16. Did you bring them with you?-A. No, sir; I lost them in the war. Q. 17. In what court were you naturalized?-A. I don't remember. Q. 18. In what year was it ?—A. I cannot tell that; the first time I voted was for Lincoln. Q. 19. Was it in 1860; how long before the election were you naturalized ?—A. Not long. Q. 20. What month was it, as near as you can tell?-A. I cannot tell. Q. 21. Who was present when you were naturalized?-A. O'Conner. Q. 22. Was he your witness; who was ?-A. John Shaffer. Q. 23. Was it in the court-room, or in the office?-A. I cannot tell. Q. 24. Was it up stairs in the court-room, or down in the judge's office?-A. The court was in session; I don't remember now. Q. 25. You say it was before Judge McCleary ?-A. Yes, sir. Q. 26. What kind of a looking man was he?—A. I don't know; I suppose some of the neighbors here have seen him as much as I have. Q. 27. What kind of a looking man was he?-A. I forget how he did look. Q. 28. Was their any clerk there who made the record of the proceedings ?-A. The county clerk, a fellow by the name of Bacheler. Q. 29. He was there?-A. Yes, sir. Q. 30. Do you know he made the record ?—A. I don't know; he was there. Q. 31. Was he in the room at the time?-A. He was. Q. 32. He signed them papers?-A. I don't know who signed them; John Schaffer. Q. 33. Was it in the old court-house or in the new one?-A. It was in the new one. Q. 34. You don't remember whether it was up or down stairs?-A. No, sir. Cross-examination: Q. 35. Was court in session?-A. I guess not. Q. 36. The clerk was there?-A. Yes, sir. H. Mis. 22-38 Q. 37. Who swore you; the clerk or the judge?-A. The clerk; a man by the name of Bacheler. Q. 38. He sat at the desk opposite the judge?—A. Yes, sir. Q. 39. The judge sat up in the desk?-A. Yes, sir. Q. 40. Was there any jury there?-A. I don't know. Q. 41. Afterwards you got your papers from the clerk?—A. Yes, sir; I got them twice. Q. 42. You took the oath of allegiance?-A. Yes, sir. Q. 43. Your witness was sworn?-A Yes, sir. Q. 44. Do you read English; you don't remember who was on the ticket you voted?-A. No, sir. Q. 45. You don't read, or write, do you?—A. I used to, but I can't see any more. ($1.50 paid as fee by contestee.) STATE OF IOWA, Johnson County, 88: his GEORGE + NORRIS. mark. PATRICK SULLIVAN, being produced and sworn before Milton Remley, notary public for Johnson County, on this 1st day of May, 1883, and examined before me, testities as follows (T. Brown appearing on the part of contestant, and Milton Remley on the part of contestee): Q. 1. Where do you reside?-A. Hardin Township. Q. 2. What is your age?-A. I don't know exactly; between 50 and 60. Q. 3. Where were you born?-A. In Ireland. Q. 4. Did you vote at the Nov. election, 1882?-A. Yes, sir; I did. Q. 5. What ticket did you vote?-A. I voted the Democratic ticket. Q. 6. The straight ticket?-A. Yes, sir. Q. 7. You voted for the Democratic candidate for Congress?-A. Yes, sir. Q. 8. You voted for the Democratic candidate for Congress?-A. Yes, sir; I voted the straight Democratic ticket. Q. 9. Where were you naturalized ?—A. I got my first papers in Geneseo, New York, and the second I got in Iowa City. (Witness produces papers, and they are pronounced good. His son has also produced papers, and they are pronounced good. They were naturalized in the United States district court.) Q. 10. Do you know of any other Pat Sullivan?-A. No, sir. ($1.35 paid as fee by contestee.) STATE OF IOWA, Johnson County, 88: PATRICK SULLIVAN. JAMES BARRY, being produced and sworn before Milton Remley, notary public for Johnson, on this 1st day of May, '83, testifies as follows (Milton Remley appearing on the part of contestee, and T. Brown on the part of contestant): Ques. 1. Where do you live?—Ans. In Oxford Township. Ques. 2. Did you vote in the Nov. election, 82?—Ans. Yes, sir. Ques. 3. What ticket did you vote?-Ans. Well, I don't know whether that is a fair question to be put to me. Ques. 4. For whom did you vote for Congress ?-Ans. I don't think they have any business to ask me any such question, and I don't think that I shall answer it. Ques. 5. The law provides a penalty if you refuse to answer it.-Ans. Well, if the law provides a penalty, I will go to jail first. Ques. 6. Where were you born?-Ans. In Ireland. Ques. 7. Where were you naturalized?—Ans. I got my first papers in New Haven, and my second in Iowa City. Ques. 8. In what court?-Ans. Some of these courts, I don't know which. years ago. Ques. 10. Can you remember in what court you were naturalized in before !—Ans. I don't know, but Farry was a prominent man, everybody knew him, and he staid in the court house while I got my papers. Ques. 11. Can you tell what court that was?-Ans. I can't tell whether it was Co., circuit, or district court; I can't tell which. Ques. 12. Now answer my question. Was it the Co. court that you were naturalized in? Ans. I don't know. Ques. 13. Before what judge?-Ans. I don't know. Ques. 14. Did you know Judge McCleary?—Ans. No, sir. Ques. 15. Where was it you were naturalized?-Ans. I believe in the old court house; probably they were at work on the new court-house. |