Ques. 11. How old were you when you came to the U. S. ?-Ans. About 14 years old, I think. Ques. 12. What time did you come to Iowa?-Ans. In 1840. Ques. 13. You may state at what time your father got his papers, as you know by the family history?-Ans. I don't know. Ques. 14. You know you got his papers?-Ans. I always understood it that way. Ques. 15. Did he vote before you were of age?-Ans. Yes, sir, before I was of age. Ques. 16. You never applied to the Johnson County court for naturalization papers-Ans. No, sir. Ques. 17. Do you know where your father's papers are ?-Ans. No, sir, I don't. Ques. 18. You are a brother of the last witness ?-Ans. Yes, sir. Ques. 19. You said they were in Guthrie Co. ?-Ans. I suppose so, because when all my brothers moved out there, the papers were not left in Iowa city. My mother died out there, and I suppose they must be out there. Ques. 20. I will ask you if you know of any other Adam Rothert !—Ans. No, sir, I don't. Ques. 21. You know of any other Peter Rotbert?-Ans. No, sir, I don't. Ques. 22. Has there been any other family of Rothrets besides your fathers family!— Ans. Not that I know of. ($1.75 paid as fee by contestee.) STATE OF IOWA, Johnson County, 88: ADAM ROTHRET. M. LEIBOLD, being produced and sworn before Milton Remley, notary publie for Iowa Co., 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. Ques. 2. What is your age?-Ans. 57. Ques. 3. Where were you born?-Ans. In Germany. Ques. 4. Did you vote at Nov. election, '82?-Ans. Yes, sir. Ques. 5. For whom did you vote for Congress?-Ans. I voted the straight Democratic ticket. Ques. 6. Were you naturalized?-Ans. I guess I was. Ques. 7. Where?-Ans. In Indiana. Ques. 8. Have you your naturalization papers?-Ans. I lost them in Chicago. Ques. 9. How long have you been in Johnson Co. ?-Ans. For 27 years. Ques. 10. When did you come from Germany?-Ans. In 1853. Ques. 11. To what place did you come from Germany ?—Ans. Indiana. Ques. 12. How long did you stay there?-Aus. I was 2 years in Ind. and 2 years in Ohio. Ques. 13. In what year did you come from Germany?-Ans. In 1853. Ques. 16. What time of the year did you come from Germany?-Ans. Sept. 10th I landed in New York. Ques. 17. In what month did you come to Iowa?-Ans. On the 15th of June. Ques. 18. Where did you get your first papers?-Ans. I got them in Williamsport, Warren Co., Ind. Ques. 19. Where did you get your second papers?-Ans. In Iowa City. Ques. 20. In what court did you get them -Ans. I got them in the old court-house. I don't know whether I got them in the district or county court. Ques. 21. Have you got those papers?-Aus. No, sir; they were burned at Chicago. Ques. 22. Were you at Chicago then?-Ans. Yes, sir. Ques. 23. Where was it in the court-house?-Ans. In the old State-house. Ques. 24. In what year was that?—Ans. I think it was in '61 or '62, I can't tell now; any way. it was in the old State-house. Ques. 25. Who was the judge?-Ans. I cannot tell. Ques. 26. Was it Judge McClary?-Ans. I cannot tell. Ques. 27. Was there a jury there?-I can't recollect any more. Ques. 28. Do you know?-Ans. I know that lots of them got papers that day. Ques. 29. You don't know whether there was a jury or not?-Ans. I cannot tell. Cross-examination: Ques. 30. Was it the U. S. district court?-Ans. I think it was. Ques. 31. Signed by Mr. Burns, the clerk?-Ans. I could not tell, but I think so. Ques. 32. Was there a clerk and judge ?-Ans. Yes, sir. Ques. 33. Was it in the court-room?-Ans. Yes, sir. Ques. 34. And the judge sat on the bench-Ans. Why, certainly. Ques. 35. You think it was the U. S. district court?-A. I think it was; I cannot tell any more. Ques. 36. You say there were a regular court and jury?-Ans. As far as I can tell, I think there was. Redirect: Ques. 37. Did you ever get more than one naturalization paper?-Ans. I got a first paper, and then I got a second. Ques. 38. This is all you have?-Ans. Yes, sir. Ques. 39. In what year did you say that was?-Ans. About '62; I can't tell exactly. Ques. 40. Did not you know that there was no U. S. court after 1860?—Ans. No, sir; I didn't know. Ques. 41. You say you did not see any jury?-Ans. No, sir, I didn't; I couldn't tell much about it. Ques. 42. Where did you say the judge sat?-Ans. I could not say to save my soul. Ques. 43. Did you say there was a clerk-Ans. I think I did; he was sitting up there in front. Ques. 44. And when your papers were made out, did he sign them ?—Ans. I couldn't tell any more. Recross-examination: Ques. 45. There was a seal on your papers, the clerk's seal?-Ans. Yes, sir. Ques. 46. Did you have to go into the inside of the bar to be sworn?-Ans. Why,. of course; I didn't know. I cannot tell any more. JOHN MAHONEY recalled. MATHIAS LEIBOLD. Ques. 1. Is there any other John Mahoney that you know of?-Ans. Yes, sir. (Witness produces papers in court.) Ques. 3. When did you come to Iowa?-Ans. About 12 years ago. Ques. 4. Where did you live prior to that time?-Ans. In New York. Ques. 5. How old were you when you came from Ireland?-Ans. About 14. Ques. 6. Where did your father live when you first came to Iowa?-Ans. In Vermont. Ques. 7. When did you come to Iowa-Ans. 18 or 19 years ago. Ques. 8. Where did your Uncle John live?-Ans. In Vermont part of the time, and in Canada part of the time. Ques. 9. Did your father go to Canada, too?-Ans. He was there about a year. Ques. 10. How old were you when you came from Ireland?-Ans. 14. Ques. 11. Did you go to Canada with your father?-Ans. I was with my father in Canada about a year. Ques. 12. How old were you when you lived in Canada ?-Ans. I was about 18. Ques. 13. Do you know where your uncle was naturalized?-Ans. I don't know; I never lived with him; I lived in the State of New York 15 years. Ques. 14. Did you get first or second papers?-Ans. No, sir; I got all my papers at once. Ques. 15. Where was your uncle living in 1860?-Ans. I don't know; I can't remember. Ques. 16. What age were you when you got your papers?-Ans. I could not tell you; I know I was not of age. Ques. 17. Not of age?-Ans. Yes, sir. Ques. 18. You say you were not of age?-Ans. I think I was. Ques. 19. Weren't you 21?-Ans. No, sir; I was not. Ques. 20. But you are 45 now?-Ans. About 45. Ques. 21. Did you ever see your uncle's papers?-Ans. No, sir; I never did. Ques. 22. You say you received your 2nd papers before you were 21?-Ans. No, sir; I never had second papers. Ques. 23. You received these before you were 21?—Ans. Yes, sir. (Witness produces papers in court.) Ques. 24. In what year did your father come to this country?-Ans. I could not tell you. Recross-examination : Ques. 25. Are these the papers you received?-Ans. Yes, sir. (Witness produces the record papers showing that he was naturalized in the city court, Brooklyn, Kings County, New York, New York City, a court of record, and are properly certified by the clerk of the court, 2nd day of Oct., in the 85th year of the Independence of the U. S., C. F. Whitmore, clerk, dated 1860.) Ques. 26. These papers were issued to you?-Ans. Yes, sir. Ques. 27. And to anybody else?-Ans. No, sir. Ques. 28. You don't remember your exact age when you got your papers?-Ans. Not exactly. Ques. 29. If you got them in 1860 you were over 21 years of age?-Ans. I might make a mistake in my age. Ques. 30. You don't remember your age when you got your papers?-A. No; not exactly. Ques. 31. You might have been 21?-Ans. I don't know. Redirect: Ques. 32. But you say you were not 21, but you might have been?—Ans. Yes, sir. JOHN MAHONEY. $1.85 paid as fee by contestee. STATE OF IOWA, Johnson County, 88: WETZEL HEMMEL, being produced and sworn before Milton Remley, lawyer for contestee, on this 1st day of May, 1883 (Milton Remley appearing on the part of the contestee, and T. Brown on the part of the contestant), testifies as follows: (Testimony of this witness taken by consent in rebuttal, Brown examining.) Ques. 1. Are you acquainted with Peter Robek?-Ans. Yes, sir. Ques. 2. Were you acquainted with his father?-Ans. Yes, sir. Ques. 3. What was his name?-Ans. Wolfgang Robek. Ques. 4. How many brothers are there?-Ans. 4. Ques. 5. Do you know when his father was naturalized?-Ans. I do. Ques. 6. Where was he naturalized?-Ans. At Iowa City. Ques. 7. When?-Ans. As near as I can tell he got his first papers in '41; he got his last papers in '45 or '46. Ques. 8. What court?-Ans. It was at Muscatine, before Judge Williams; I think at the county court. Ques. 9. You were his witness?-Ans. Yes, sir. Ques. 10. Did you see him take the oath ?-Ans. Yes, sir. Cross-examination: Ques. 11. You say it was in '457-Ans. '45 or '46. Ques. 12. How long had you know him before that?-Ans. Ever since 1840; in the fall he was living right there with me. Ques. 13. Did you know any other Robek?-Ans. I didn't. Ques. 14. Not acquainted with any?-Ans. No, sir. Ques. 15. Did you get your papers at the same time?-Ans. I got mine before that. Ques. 16. Of the same man-Aus. Same man and the same clerk, Steve Gardener. Ques. 17. Have you got your papers now?-Ans. Yes, sir. Recross-examination: Ques. 18. Who was the judge?-Ans. It was the clerk; he was clerk for 15 or 20 years; I grew up with the county; I helped organize our township. Ques. 19. You live in Union Township-Ans. Yes, sir; I myself vote the Republican ticket; every man has the right to vote for who he chooses. (Paid as fee by contestee, $1.75.) STATE OF IOWA, Johnson County, 88: WETZEL HEMMER. DENNIS KIEF, being produced and sworn on this 1st day of May, 1883, before Milton Remley, attorney for contestee (T. Brown appearing on the part of the contestant), testifies as follows: Ques. 1. Where do you live?-Ans. Oxford Township. Ques. 2. How long have you lived there?-Ans. 20 years; 19 years the 10th day of last month: 1 year in Tama County before I came here. Ques. 3. Where were you born?-Ans. In Ireland. Ques. 4. When did you come from Ireland?-Ans. 32 years ago. Ques. 5. Did you vote at the last election in Nov., '827-Ans. Yes, sir. Ques. 6. Who did you vote for?-Ans. I keep that to myself. Ques. 7. What candidate for Congress did you vote for?-Ans. That is no use to explain. (Brown objects as a needless question.) (Remley objects to the objection.) (Brown--Not shown that that man is a voter.) Ques. 8. What ticket did you vote?-Ans. You asked me that before; that is my own business. Ques. 9. Do you refuse to state what ticket you voted?-Ans. I keep that to myself. Ques. 10. Did you vote for Frederick for Congress ? (BROWN. Objected to as a privileged question until it is shown that he has a right to vote. (Remley objects to the objection, as instructing the witness.) Ques. 11. Now will you answer the question whether you voted for Frederick or not?-Ans. I don't know. Ques. 12. Did you vote the Democratic, Republican, or Greenback ticket? (Objection, as it is a privileged question.) Ans. I think a man can do as he pleases when he goes to the polls. Ques. 13. Yes, sir; but he has to tell what he knows on the witness stand?—Ans. I believe there is no need of stating who I voted for. Ques. 14. You are not showing how you voted ?-Ans. Not a bit of it. Ques. 15. But it doesn't do you any harm?-Ans. No, sir. Ques. 16. Has anybody talked to you about this matter before ?-Ans. No, sir; I go right ahead anyway. Ques. 17. Has any one been to see you?-Ans. No, sir. Ques. 18. Can you tell whether Frederick's name was on your ticket or not?—Ans. I don't know whether it was or not; I cannot tell. Ques. 19. What party do you belong to, Democratic, Republican, or Greenback? (Objection; it is a privileged question.) Ques. 20. What party do you belong to? (Objection; it is a privileged question.) Ans. Democratic party. Ques. 21. Did you vote that ticket at the last election?-Ans. I suppose I did. know of. Ques. 23. You didn't scratch any?-Ans. No, sir. Ques. 24. Were you naturalized in any other place except in this county ?-Ans. Yes, sir; I got my first papers in Memphis, Tenn. Ques. 25. And your second papers you got in this county ?-Ans. Yes, sir; in Iowa City. Ques. 26. In what part of Iowa City?-Ans. Court-house. Ques. 27. What part of the court-house? (Objection; not best evidence.) Ans. I can't remember. Cross-examination : Ques. 28. Were you sworn?-Ans. Yes, sir. Ques. 29. Did you take the oath of citizenship-Ans. Yes, sir. Ques. 30. Did you read the ticket you voted?-Ans. No, sir; I can't read. Ques. 31. You don't know whether you voted the Democratic ticket or not, other than what they told you?-Ans. Just the ticket I got. Ques. 32. Did you read it?—Ans. No, sir. Ques. 33. You didn't know what ticket it was? Redirect: Ans. No, sir. Ques. 34. You say you didn't read it; who gave it to you?-A. I don't know. Recross-examination: Ques, 37. You didn't read what kind of a ticket it was?-Ans. No, sir. his DENNIS + KIEF. mark. $1.15 paid as fee by contestee. Johnson County, 88: STATE OF IOWA, JOHN MAHONEY, recalled, being produced and sworn by 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 the contestant), testifies as follows: BROWN: Ques. 1. What is your age?-Ans. When I went home I found that it was 48. Ques. 2. How old were you when you were naturalized?-Ans. 22 or 23; My papers show everything. JOHN MAHONEY. STATE OF IOWA, Johnson County, 88: JERRY MAHONEY, 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 the contestant), testifies as follows: Ques. 1. Where do you live?-Ans. Oxford Township. Ques. 2. What is your age?-Ans. 72 or 73. Ques. 3. Where were you born?-Ans. In Ireland. Ques. 4. Were you at the election last fall?-Ans. Yes, sir. Ques. 5. Didn't you vote for candidate for Congress?-Ans. I don't know what Congress is at all. Ques. 6. What ticket did you vote?—I don't know that, but I think it was the Democratic ticket. Ques. 7. Did you vote the straight Democratic ticket? (Objection, as leading.) Ques. 8. Was there any scratch on it?-Ans. I believe not; I don't know whether there was or not. Ques. 8. You didn't scratch any?-Ans. No, sir. Ques. 9. Did you see any names scratched?-Ans. No, sir. Ques. 10. Where were you naturalized ?—Ans. In Iowa City. Ques. 11. When?-Aus. About 20 years ago. Ques. 12. Have you got your naturalization papers?-Ans. I believe I have. Ques. 13. Well, you let me look at them?-Ans. I haven't them here. Ques. 14. Were you told to bring them here?-Ans. No, sir; I was not. Ques. 15. Didn't the officer tell you to bring them here?--Ans. I didn't see him at all. Ques. 16. Do you remember the name of the judge that you took your papers out before-Ans. I think it was Judge McCleary. Ques. 17. County judge?-Ans. I don't know. Cross-examination: Ques. 18. You were sworn, were you; you took the oath of allegiance, or citizenship-Ans. I did. Ques. 19. Did you get your second papers?-Ans. I believe that I got them all together. Ques. 20. You had witnesses there?-Ans. There were so many around. Ques. 21. Was it in open court?-Ans. There wasn't any court at all. Ques. 22. How do you know that there wasn't any; wasn't there any clerk or judge-Ans. Yes, sir. Ques. 23. Where are your papers?-Ans. At home. Ques. 24. Do you recollect very clearly what was done there?-Ans. I do not. Ques. 25. Do you know for certain that it was Judge McCleary?-Ans. Yes, sir; I do. Ques. 26. Didn't you have a witness there with you?-Ans. I believe I did, but I don't know who it was. Ques. 27. You had a witness there that you had been in the U. S. 5 years?—Aus. I don't know. Ques. 28. How long ago was it?-Ans. 20 years ago. Ques. 29. Over 20 years ago?-Ans. About 20 years; somewhere near there. Ques. 30. Your memory is not very good?-Ans. No, sir. Ques. 31. You were not subpoenaed to produce your papers?-Ans. No, sir. Ques. 32. How old are you?-Ans. 72 or 73 years old. Ques. 33. Your memory is not very good?-Ans. No, sir. Ques. 34. You know that you have been a voter for 20 years and over?-Ans. Yes, sir; I believe something about that. Ques. 35. You have a son George, have you?—Ans. No, sir. Ques. 36. Nephew?-Ans. Yes, sir. Ques. 37. What is your brother's name?—Ans. John Mahoney. ($1.05 paid as fees by contestee.) STATE OF IOWA, Johnson County, 88: JERRY MAHONEY. DENNIS DOWNEY, being produced and sworn before Milton Remley, notary public, on this 1st day of May, 1883 (Milton Remley appearing on the part of the contestee, and T. Brown, on the part of the contestant), testifies as follows: Ques. 1. Where do you live?-Ans. In Oxford Township, Johnson County, Iowa. Ques. 2. Where were you born?-Ans. In Ireland. Ques. 3. When did you come to this country?-Ans. I don't exactly know. I have been here about 31 years. I was years in Vermont. |