Ques. 4. Did you vote at the last election?-Ans. I vote every Democratic ticket that ever comes across me. Ques. 5. Did you vote the straight ticket?-Ans. Yes, sir; the straight ticket. Ques. 6. Did you vote for Frederick?-Ans. I don't remember; if his name was all there, I did; if not, I didn't. Ques. 7. Where were you naturalized?-Ans. In Iowa City I got my last papers; I got my first in Rutland, Vt. Ques. 8. Have you got your papers with you ?-Ans. I have. Ques. 9. Let me see them. (Witness produces papers.) Ans. I will. Ques. 10. These are the only papers that you ever got?—Ans. Yes, sir. Cross-examination: Ques. 11. Did you say that you got your first papers in Rutland, Vermont ?-Ans. I don't know, but I think that I did; but I haven't got them now. I was thinking all the time that I got them in Rutland, Vermont. Redirect: Ques. 12. How old are you?-Ans. 67, I think, in February last. (Objection as leading; not proper.) The name and date: it is dated Sept. 29th, 1868; Dennis Downey is the name of the person naturalized. The declaration and intention was made before the Johnson County district court. The former sovereign of whom he was a subject was Victoria, Queen of Great Britain. Honorable George W. McCleary, with the seal of Johnson County, Iowa; upon it a 5-cent internal-revenue stamp. (Paid as fee by contestee, $1.75.) Recross-examination: DENNIS DOWNEY. Ques. 13. Were you sworn before the court?-Ans. I think that I was. Ques. 15. Didn't you have anybody there?-Ans. I had no witness. Ques. 16. You took the oath of allegiance, didn't you?-Ans. Of course I did. Ques. 17. The fall before you voted ?-Ans. I don't know whether I did or not. Ques. 18. You don't know the names that are on the tickets, do you?-Ans. I can't tell you. Ques. 19. You don't know really whether you voted the Democratic ticket or not?Ans. I have no idea. Ques. 20. Do you know any of the names that were on the tickets that you voted?— Ans. I do not. Ques. 21. Was there any writing on the ticket, or was it all printed?-Ans. I don't know whether it was or not. Ques. 22. You don't know whether there was any writing on the ticket or not?— Ans. I don't know whether there was or not. Ques. 23. You don't know any of the names that were on the ticket, do you?-Ans. I don't know; I don't remember. Only for every man that I asked if he was a good man, and I voted for him Redirect: Ques. 24. Did you say that it was a straight Democratic ticket?-Ans. Yes, sir; I always vote the straight Democratic ticket. Recross-examination : Ques. 25. You always vote the straight Democratic ticket?-Ans. Yes, sir. Ques. 27. Somebody might have fooled you, might they not?-Ans. I always look at it with my own eyes. Ques. 28. But you don't know that there was 5 or 6 in your hand at the same time? -Ans. Yes, sir; I had 5 or 6 tickets in my hands at the same time; I twisted them up and threw them away. Ques. 29. You don't know any of the names that were on the tickets?-Ans. No, sir; but I wanted a straight ticket. Redirect: Ques. 30. But you are satisfied that you got a straight ticket?-Ans. Yes, sir; I am satisfied that I voted that. All the above is the testimony of- DENNIS DOWNEY. STATE OF IOWA, Johnson County, 88: PATRICK MAHONEY, 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. Oxford Township, Johnson County, Iowa. Ques. 3. Did you vote last fall at the election ?-Ans. Yes, sir. Ques. 4. What ticket did you vote?-Ans. I don't know that. Ques. 5. Did you vote for Congressman ?-Ans. I don't know that. I think I voted for. I don't know. Ques. 6. What ticket did you vote?-Ans. I don't know that either. Ques. 7. Democratic, Republican, or Greenback?-Ans. Democratic. Ques. 9. Was Mr. Frederick's name scratched off, that you know of?-Ans. I don't know anything about it. Ques. 10. Who gave you the ticket?—Ans. I don't know that; I have forgotten it. Ques. 11. Did you say that you voted the Democratic ticket?-Ans. Yes, sir; I am sure of that. Ques. 12. You know whether Frederick's name was scratched off?-Ans. I don't know. Ques. 13. Did you scratch it off?-Ans. I did not. Ques. 14. Did you see anybody scratch it off?-Ans. I don't suppose I did. Ques. 15. Did you intend to vote the straight Democratic ticket?-Ans. I did. Ques. 16. Have you any reason to believe that you did not? (Objected to as leading.) Aus. I don't believe that I have any reason to believe that I did not. Ques. 17. Where were you naturalized?-Ans. In Iowa City. Ques. 18. Before what judge?-Ans. Judge S I think. Ques. 19. Have you got your papers here?-Ans. I have not; I haven't had them for 10 years. Cross-examination: Ques. 20. Did you have a witness there when you got your papers?-Ans. I had no one but my brother and my son. Ques. 21. Was there a court there?-Ans. I forget who it was. Ques. 22. There was a judge there?-Ans. Yes, sir. Ques. 23. A clerk ?-Ans. Yes, sir; I suppose there was. Ques. 24. It was 19 or 20 years ago?-Ans. 18 or 19 years ago. I got my first papers in Vermont 28 years ago. Ques. 25. They swore you when you got your papers?-Ans. Yes, sir. (Paid as fee by contestee, $1.05.) his PATRICK X MAHONEY, SR. STATE OF IOWA, Johnson County, 88: PATRICK MAHONEY, Jr., being produced and sworn before Milton Remley, notary public, of Johnson County, on this first 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 were you born?-Ans. In Ireland. Ques. 2. How long have you been in this country-Ans. I don't know; anyhow about 30 years. Ques. 3. Were you ever naturalized?-Ans. No, sir. Ques. 4. Did you vote at the election last fall?-Ans. Yes, sir. Ques. 5. What ticket did you vote ?-Ans. Democratic ticket. Ques. 6. Straight-Ans. Yes, sir. Ques. 7. Do you remember the man you voted for for Congress?—A. I think it was Frederick. Cross-examination: Ques. 8. How old were you when you came to this country?-Ans. One and onehalf years, maybe. Ques. 9. Been here ever since?-Ans. Yes, sir. Ques. 10. Your father has been a voter how long ?-Ans. As long as I have known him. Ques. 11. You have voted for a number of years?-Ans. Yes, sir. Redirect: Ques. 12. You don't know whether he was ever a legal voter ?-Ans. Yes, sir; I have seen his papers; I threw his papers away, for they were always in the way. Ques. 13. You voted because your father was a voter ?-Ans. Yes, sir. Recross-examination: Ques. 14. Your father had papers?-Ans. Yes, sir. Redirect: Ques. 15. Are you the son of the last witness?-Ans. Yes, sir. Paid as fee by contestee. $1.05. STATE OF IOWA, Johnson County, 88. PATRICK MAHONEY. THOMAS O'ROUKE, being produced and sworn before Milton Remley, notary public of Johnson County, on this 1st day of May, '83 (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 live?—Ans. Oxford Township, Johnson County, Iowa. Ques. 2. Where were you born?-Ans. In Ireland. Ques. 3. What is your age?-Ans. Going on 60. Ques. 4. Did you vote at the election, last fall?-Ans. Yes, sir. Ques. 5. What ticket did you vote?-Ans. Democratic ticket. Ques. 6. Did you vote straight ticket?-Ans. Yes, sir. Ques. 7. Who did you vote for for Congressman?-Ans. I voted the Democratic ticket. I don't know what man for Congress. I didn't scratch any names. Ques. 8. Where were you naturalized?-Ans. First in Albany. (Witness produces papers in court.) Ques. 9. Where did you get your second papers?-Ans. In Iowa City. (Paper read.) It is the same as Pat. U. S. OF AMERICA, State of Iowa, Johnson County, 88: Certificate of naturalization. Be it remembered, that at a term of the county court holden in and for said county, on the 22nd day of Oct., 1860, was present the honorable G. W. McCleary, sole presiding judge and ex-officio of the said court, Thomas O'Rouke, a native of Ireland, and at present residing in the said State, appeared in open court and made application to become a citizen of the U. S. And it appearing to the satisfaction of the court that he has declared, on oath, before the Albany County court, of N. Y., a court of record, having common law and jurisdiction, and using a seal, two years at least before he declared that it was his bona fide intention to become a citizen of the U. S., and to renounce all allegiance to any State whatever, and particularly to the Queen of Great Britain, of whom he was heretofore a subject, the said applicant having declared, upon oath, that he would support the Constitution of the U. S., and renounce all allegiance to every foreign prince, and particularly to the Queen of Great Britain, of whom he was a subject, the court being satisfied by the testimony of Eldon O'Rouke that said applicant had resided for a term of 5 years, and during that time he had not been out of the territory of the U. S., and within this State one year at least. And it having appeared to the satisfaction of this court that during this time he has behaved as a man of good moral character, attached to the principles of the U. S., and well-disposed to the good order and happiness of the same, thereupon the court admitted said applicant to become a citizen of the U. S. In testimony whereof I, S. Bachelor, have hereunto set my hand, and affixed the seal, in Iowa Čity, this 27th day of October, 1860. [Seal of Johnson County, Iowa. ] S. BACHELOR, Clerk, Per HENRY B. BROWN, Deputy Clerk. Eldon O'Rouke was the name of the witness that was given. (Paid as fee by contestee, $1. 05. ) PATRICK O'ROUKE. his THOMAS + O'ROUKE. mark. STATE OF IOWA, Johnson County, 88: JOSEPH SCHONBORN, being produced and sworn before Milton Remley, a 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 live; what county, township, and State?—A. Oxford, Johnson County, Iowa. Q. 2. Where were you born?-A. In Hungaria. Q.3. Did you vote at the last election?-A. I have voted for 21 years. Q.4. Did you vote at last November election, 1882-A. Well, I have voted 21 years, every year; that is, at all the fall elections; school elections, besides. Q.5. Did you vote for candidate for Congress at last election? (Objection; privileged question.) (Objection to the objection.) A. I voted for all them on the ticket. Q.6. What ticket did you vote? (Objection.) A. To my best knowledge I could not tell since, I am a Democrat; I generally split the ticket. Q.7. Did you vote the Democratic ticket last fall?-A. Part of the way. Q.8. What blank did you use; the Democratic blank?-A. I don't recollect which. Q. 9. I understood you to say you voted the Democratic ticket?-A. Part of it. Q. 10. Was the name of Frederick on the ticket, or Wilson?-A. On the ticket I voted? I could not tell. Q. 11. What is your best recollection?-A. I could not tell, whether for Frederick or Wilson. Q. 12. Have you any recollection on the subject at all?-A. Well, I don't know what you mean. Q. 13. Have you any impression about it?—A. If I did I would say it. Q. 14. Do you know who you intended to vote for?-A. It is this way with me; I never climb a hill until I get there; I make my mind when I get there to do as I think best. Q. 15. Can't you tell us who gave you the ticket, when you got at the polls?—A. I don't recollect; I know both parties gave me tickets, but I don't know which one. Q. 16. You had both tickets, Democratic and Republican?-A. Yes, sir. Q. 17. Can you tell what ticket you voted?-A. No, sir; I could not tell. Q. 18. You are a Democrat, are you?-A. Partly; yes, sir. Q. 19. Were there any scratches on the ticket you voted; anything written on it, or was it all printed?-A. To my knowledge, it was all printed. Q. 20. On the ticket you voted, was there any printing scratched off, and anything written in ?-A. Yes, sir; there was some scratching, some printing. Q. 21. Was that on the county ticket or State ticket?—A. I don't recollect on which. Q. 22. Was the name scratched?-A. That I don't recollect; I think the whole name was scratched, if I am right. Q. 23. What names were scratched? I mean the name of the first man that was on the ticket?-A. I don't recollect. Q. 24. Can you say whether it was a Democratic ticket or not? What did you see at the top of the ticket?-A. I could not say; I had both. Q. 25. Well, the one you cast-A. I don't recollect. Q. 26. Don't you recollect what was on the top of the ticket you voted? What ticket had you intended to vote; the one that had Democratic or Republican on the top-A. I don't make up my mind what I shall vote like some persons; when I get to the voting place I soon have my mind made up. Q. 27. Can you recollect whether the ticket you voted was Democratic or Republican-A. I don't recollect; no, sir. Q. 28. Do you know which one you intended to vote? (Objection, as having been asked 5 or 6 times.) A. Well, to tell the truth of that, sometimes I vote the best, and vote for Frederick, and sometimes for Wilson, and sometime before I voted I could not tell. Q. 29. Do you mean you didn't recollect, or don't want to tell?-A. Did you ever find me out a liar? Q. 30. No, sir; the question is whether you remember or don't want to tell?-A. I don't remember; you know my business; I may not. Some of them said it was best for some to go, and some for another to go. Q. 31. Did you deposit the ticket yourself the way you wanted to vote?-A. I generally do my own handwriting. Q. 32. Did you last fall?-A. I think I did. Q. 33. Have you said that you did not know who you got your ticket of?-A. No, sir; I don't. I got it of different persons. Q. 34. Which ticket did you fix?-A. I had both. Q35. But you didn't vote both; which one did you fix?-A. I don't know; I dont recollect. Q. 36. Did any one see your ticket?-A. Not to my knowledge. I think it is a secret, not anybody's business; therefore I didn't show my ticket to everybody. Q. 37. How long were you at the polls?-A. That I don't know. Q. 38. What time did you get there?-A. I don't recollect. Q. 39. Who was with you?-A. 5 or 6. Q. 40. How long have you been in the United States?-A. 26 years. Q. 41. How old are you?-A. 57. Q. 42. Have you got a family?-A. Yes, sir. Q.43. What time do you remember it was; afternoon or the evening?-A. Afternoon, I think. Q. 44. How long were you there? You are a business man, and therefore didn't stay very long?-A. I went alone. Q.45. Then you had a Democratic ticket and a Republican ticket?-A. Yes, sir. Q. 46. And you took one of them and fixed it to suit yourself; and, when you were Voting it, you were under the impression that it was a Democratic, or Republican ticket -A. Well, I didn't know. Q. 47. What ticket do you usually vote?-A. I voted for Wilson the first time, sure. Q. 48. 10 years ago?-A. I don't remember how long ago. Q.49. Now you are a Democrat, but didn't vote straight?-A. Yes, sir; I am a Democrat; but I didn't have to vote straight ticket. I generally vote the Democratic ticket. Q.50. You don't remember personally who was on for supreme judge, or anything of the other gentlemen's names that were on the ticket?-A. I don't know that I do. Q. 51. Do you know what men you voted for?-A. Just what men I think is best. Q. 52. Were they men that you know?-A. I don't know Frederick. Q. 53. Then, when you vote the straight ticket, you first find out who the men are? -A. Just as my knowledge tells me. Q. 54. At one time you vote the straight Republican ticket, and, when you vote the Democratic ticket, you fix it to suit you? Do you remember of scratching Frederick's name off?-A. I have no recollection of scratching off any name. Q. 55. Were there printed mixed tickets at your election ?-A. I don't remember. Q. 56. You had to write them, didn't you?-A. If necessary I did; yes, sir. Q. 57. You say you have no recollection of scratching out Frederick ?-A. No, sir. Q. 58. But you have been supporting the Democratic party and voting their ticket? You put such names on the ticket that you vote?-A. Yes, sir; I put such names as I want on the ticket I vote. Q. 59. You have given us to understand you are a Democrat?-A. I am more a Democrat than I am a Republican. Q. 60. But you put on the Republican names that suit you?-A. I may do so. Q. 62. When you voted your ticket last fall, you have no recollection of scratching ont Frederick's name ?-A. I have no recollection about him; I don't know whether I voted for Frederick or Wilson. Q. 63. If Frederick's name was printed on that ticket, you voted for him?—A. I don't know which ticket I voted. Q. 64. You know you belong to the Democratic party, and you know you voted; at least you are a Democrat?-A. I didn't say I voted the Democratic ticket; I scratched those names that didn't suit me. Q. 65. But you have to take some ticket to do that?-A. I had to take one or the other to do that Q. 66. Where were you naturalized?-A. In Iowa City. (Witness produces papers in court.) Q. 67. You have bee talking with Mr. Brown?-A. I am acquainted with Mr. Brown. (Certificate of naturalization, Iowa City, Joseph Schonborn, by G. W. McCleary, county judge, on the 25th day of Sept., 1863, with the seal of Johnson County, Iowa, stating that he announces all allegiance to Francis Joseph, Emperor of Austria.) Cross-examination: Q. 68. You don't remember scratching Mr. Wilson's name off, do you?-A. I have no recollection. Q. 69. You have voted for one or the other?-A. Yes, sir. ($1.05 paid as fee by contestee.) H. Mis. 22 -39 JOSEPH SCHONBORN. |