STATE OF IOWA, JOSEPH RUBECK, 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 on the part of contestant): (Contestant objects to the testimony of the witness for the reason that a proper notice was not given of the residence.) Q. 1. Where do you live?—Ans. In town here. Ques. 2. Where did you live last Nov. ?-Ans. Here. Q. 3. Where were you born?-Ans. I do not understand that. Q. 3. Where were you born?-Ans. I do not understand that. Q. 4. What country did you come from?-Ans. I do not understand it. (Same man sworn as interpreter who was called as a Bohemian before.) Q. 6. Where were you born?-Ans. In Bohemia. Q. 6. Now ask the witness if he is a naturalized citizen of the U. S. ?-Ans. He says that he was, but that he lost his paper while moving. Q. 8. Ask him if he wasnaturalized up here at Marion-Ans. He says he was nat■ralized in Marion, but he cannot tell the time. Q. 9. About when was it?-Ans. He cannot remember the time. Q. 10. Well, about how many years ago?-Ans. He says he cannot remember whether it was 5 years or more. Q. 11. Ask him if he voted at the general election held in Nov., '82-Ans. He says that he voted. Q. 12. Ask him what ticket he voted-Democratic or Republican?-Ans. He says that he cannot remember; he says that he cannot read very well. Q. 13. Who gave him the ticket?-Ans. He says that he cannot tell exactly; he says that there were a great many tickets given him, but he threw a great many away; he got one from Joseph H. Q 14. Was that a Democratic ticket?-Ans. He says that he don't know. Q. 15. Ask him if he voted the Greenback ticket?-Ans. He says that he did at the present election, and that he was told it was a Republican ticket, and that that is all that he knows about it. Q. 16. Ask him if he voted the Republican ticket since the present election ?-Ans. He says that he don't know. Q. 17. Do you know Mr. Frederick ?—Ans. He says that he don't. Q. 18. Ask him if he ever heard of him?-Ans. No, sir. Q. 19. Ask him if ever heard of James A. Garfield?—Ans. He says that he had. Q. 20. Ask him when he heard of him?—Ans. He says at the time he was slain; he bought his picture. Q. 21. Ask him if he remembers of Garfield being gov. of the State of Iowa?-Ans. No, sir; he says that he never heard of it. Q. 22. Ask him if he ever heard of a man by the name of Ben. Frederick running for Congress?-Ans. He says that he didn't hear that there was. Q. 23. Ask him if he voted for Congressman last Nov. ?-Ans. He says that he did not know that either. Q. 24. Ask him if he can tell by the head of the ticket whether it said Democratic ticket or not?-Ans. He says that he cannot read well enough. Q. 25. Ask him if he knows where he lives ?-Ans. Yes, sir. ($0.85 paid as fee by contestee.) JOSEPH RUBECK. JOSEPH SMERCHECK, being produced and sworn before M. P. Mills, a notary public for Cedar Rapids, on this 26th day of Apr., A. D. 1883, testifies as follows (M. P. Mills, attorney for contestee, and T. Brown appearing on the part of contestant): Ques. 1. Where do you live?-Ans. In Putnam Township. Ques. 2. Where did you live last Nov.?—Ans. In the same township. Ques. 3. Did you vote at the general election held on the 7th of Ñov., '82 ?—Ans. Yes, sir. Ques. 4. Where were you born?-Ans. In Moravia. Ques. 5. Are you a naturalized citizen of the U. S., and if so, where did you get your papers?-Ans. I have not got any papers. віг. Ques. 6. You have never been naturalized?-Ans. No, sir. Ques. 7. When did you come to this country?-Ans. About 26 years ago. Ques. 8. Did you know any other Joseph Schmercheck in this county-Ans. No, Ques. 9. Did you vote at the general election held on Nov. 7th, 18821-Ans. Yes, sir. Ques. 10. What ticket did you vote, Democratic or Republican ?—Ans. No, sir; I did not have those tickets. Ques. 11. What ticket did you have?-Ans. Greenback. Ques. 12. Was Ben. T. Frederick's name on that ticket?-Ans. No, sir; his name was on the Democratic ticket. Ques. 13. You voted for David Platner, the Greenback nominee?-Ans. I don't know who was on the Greenback ticket. Ques. 14. Do you know as a matter of fact that Frederick's name was not on the ticket you voted ?-Ans. I guess it was not. Ques. 15. Do you know as a matter of fact that it was not ?-Ans. Of course I don't. Ques. 16. Did you say that it was not ?-Ans. No, sir; I didn't. Ques. 18. Did you write his name on that ticket?-Ans. No, sir. Ques. 19. Have you not voted the straight Democratic ticket?-Ans. Yes, sir; except the township officers. Cross-examination: Ques. 20. Was Wilson's name on that ticket ?-Ans. No, sir. ($1.65 paid as fee by contestee.) STATE OF IOWA, Linn County, 88: JOSEPH SMERCHECK. A. M. RENNELS, being produced and sworn before M. P. Mills, notary public for Linn Co., on this 26th day of April, A. D., testifies as follows (T. Brown appearing on the part of contestant, and M. P. Mills on the part of contestee): Ques. 1. What township do you live in?-Ans. Washington Township. Ques. 2. Do you know George Pool?-Ans. Yes, sir. Ques. 3. Do you know where he is now ?-Ans. Yes, sir; in Laramie City. Ques. 4. When did he go there ?-Ans. He started about the first of April; about the first or second day of April. Ques. 5. I understood you to say he went the second day of April?—Ans. Yes, sir. Ques. 6. Do you know when he came into Harlan County, just prior to his leaving!Ans. Yes, sir; he came here about the middle of October. Ques. 7. How did you know that?-Ans. I was in Wyoming when he went there, and he went from there to Indiana, and I came here, and he was here when I came. Ques. 8. And he came about the middle of October?-Ans. Yes, sir. Ques. 9. How long had you been here then?-Ans. Probably 2 weeks; not more, maybe not so long. Ques. 10. Then you came the first of October?-Ans. About 10th of October. Ques. 12. What was you doing there -Ans. Working for a newspaper company. Ques. 13. Did you move there?-Ans. Yes, sir; under certain conditions. Ques. 15. Take your family -Ans. Yes, sir. Ques. 16. And all your effects?-Ans. Well, most of it; I left a few things. Ques. 17. This Mr. Pool came back about the middle of October?-Ans. Yes, sir; about that time. Ques. 18. When you went to Wyoming, did you go there with the intention of staying?-Ans. Well, if it agreed with my wife's health. Ques. 19. Did you take land there -Ans. No, sir. Ques. 20. Did you vote at the general election last fall?-Ans. Yes, sir. Ques. 21. In what township?-Ans. Monroe Township. Ques. 22. What ticket did you vote?-Ans. A mixed ticket. Ques. 23. What was the heading of the ticket?-Ans. Democratic. Ques. 24. You are a Democrat in politics?-Ans. I am supposed to be. Ques. 25. Was it for township offices?-Ans. Yes, sir. Ques 26. The officers of such was Democratic ?-Ans. Yes, sir. Ques. 27. You voted for Frederick for Congress?-Ans. Yes, sir. Ques. 28. Where did you live when you went to Wyoming ?-Ans. In Washington Township. Ques. 29. How long did you live there?-Ans. 29 years. Ques. 30. You don't know whether you were living in Wyoming or not?-Ans. Ques. 31. Was there a consideration in your going?-Ans. Yes, sir. Ques. 32. Do you consider yourself a citizen of Iowa?-Ans. Yes, sir. Ques. 33. You hadn't made up your mind to make Wyoming your home ?—Ans. No, sir; unless it agreed with my wife's health. Ques. 34. You went out to see if it agreed with your wife ?-Ans. Yes, sir. Ques. 35. And you came directly back?-Ans. Yes, sir. Ques. 36. And you live here now ?-Ans. Yes, sir. Ques. 37. And you voted for Mr. Frederick ?-Ans. Yes, sir. Ques. 38. When you went to Wyoming what did you do there ?—Ans. I worked for a newspaper company part of the time in a book-store. Ques. 39. How long after you got there did you make up your mind to come back! -Ans. Along about the last of Aug. or 1st of Sept. Ques. 40. What time did you go there ?-Ans. 4th day of April. Ques. 41. You made up your mind to come back; you have never changed your belief of Iowa being your home?-Ans. No, sir. Ques. 42. You read your ticket that you voted of course?-Ans. Yes, sir. Ques. 43. This Mr. Pool; did you know him before you saw him in Wyoming ?Aus. Yes, sir. Ques. 44. Where?-Ans. In Centrepoint. Ques. 45. Did he have a family ?-Ans. A wife and one child. Ques. 46. Did he go with the intention of staying or coming back?—Ans. I don't know what his intention was. Ques. 47. When did he go there?-Ans. 7 years ago. Ques. 48. Where does his family live?-Ans. He has only been married about 3 years. Ques. 49. Did he take his wife out with him?-Ans. Yes, sir. Ques. 50. And you know about how long he stayed the last time ?-Ans. About a year. Ques. 51. You don't know whether he intended to make Wyoming his home?—Ans. I think he does. Ques. 52. You say Pool went back to Indiana, his family is there ?-Ans. His relations are. Ques. 53. What business did he follow ?-Ans. Blacksmith. Ques. 54. What property did he have there?-Ans. He has a lot. Ques. 56. And you don't know whether he considers this his home?-Ans. No, sir. Redirect: Ques. 57. When you got there did you go to housekeeping ?-Ans. Yes, sir. Ques. 58. When you left Iowa did you intend to stay if it agreed with your wife's health-Ans. Yes, sir. Ques. 59, And at that time you didn't intend to come back if it agreed with your health-Ans. No sir. STATE OF IOWA, Linn County, 88: A. M. REYNOLDS. FRAK KOPETZY, being produced and sworn before M. P. Mills on this 27th day of Apr., 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 the testimony of this witness, for the reason that no notice is given of the residence of the witness.) Ques. 1. In what township do you live?-Ans. Rapids Township; I live at Linn Junction. Ques. 2. Where did you live last Nov. ?-Ans. There at the junction. Ques. 3. Did you vote at the general election held on the 7th of Nov. 1-Ans. I didn't vote at all; I was sick. Ques. 4. You didn't go to the polls at all?-Ans. No, sir. Ques. 5. You were not out of the house that day?-Ans. No, sir; I was in the house. ($0.85 paid as fee, by contestee.) STATE OF IOWA, Linn County, 88: FRANK KOPETZEY. WEUTZEL KOGLAN, being produced and sworn on this 27th day of Apr., 1883, before M. P. Mills, notary public, of Linn County (M. P. Mills appearing on the part of the contestee, and T. Brown on the part of the contestant), testifies as follows: (Contestant objects to the testimony of this witness for the reason that no notice was given of the residence of the witness.) Ques. 1. Where do you live?—Ans. At Linn Junction. Ques. 2. Where did you vote?-Ans. At Stone Point, at the school-house. Ques. 3. Where were you born?-Ans. In Bohemia. Ques. 4. Have you your naturalization papers? Have you citizen papers ?-Ans. Yes, sir; I have got them 15 years ago. (Same as presented by commissioner.) (Paper shows that the witness, Mr. Koglan, was naturalized Feb. 12th, 1868, by the Linn County court, having common law and jurisdiction, with the seal of the clerk, signed by A. B. Dumont, county judge and ex officio clerk, with the seal of the county court attached.) Ques. 5. You say that you voted last fall?-Ans. Yes, sir. Ques. 6. You voted Democratic ticket?-Ans. Yes, sir. Ques. 7. Including Mr. Frederick for Congress?-Ans. Yes, sir; I voted Democratic ticket. Ques. 8. Did you vote for Mr. Frederick, Democratic candidate for Congress -Ans. I voted the Democratic ticket. Ques. 9. You voted whole Democratic ticket straight?-Ans. Yes, sir. Ques. 11. You didn't vote for any Republican ?—Ans. No, sir; not all the time that I have been here. Cross-examination : Ques. 12. What names were on the ticket?-Ans. I don't know the names. Ques. 14. You read township ticket?-Ans. I read on the top Democratic ticket; that is all. Ques. 15. You don't know who was on there for Representative, do you?— Ans. No, sir. Ques. 16. Do you know who was on for supreme judge?-Ans. No; I don't know anything about that. Ques. 17. Do you know who was on for sec. of state?-Ans. No, sir. Ques. 18. You don't know whether Wilson's name was on there or not?-Ans. No, sir; only I put Democratic ticket in the box; that is all. Ques. 19. Wilson's name might have been there and you not have known it?—Ans. No, sir; I only know that a man gave me a ticket and that I put it in the box. Ques. 20. When you voted you knew who all the Democratic men were that you voted for at that time? You couldn't remember the name, but you know who the Democratic men were you voted for?-Ans. Yes, sir; two men had Republican tickets and one had Democratic tickets. The one that had Democratic tickets handed me one and asked me what kind I liked; that was all. Recross-examination : Ques. 21. Did you know the name of the man that you voted for?-Ans. No, sir. Ques. 22. At that time you didn't know the names of the State nor township officers-Ans. I don't know anything at all, only that I put in the Democratic ticket; that is all. Ques. 23. The only reason you know that you voted the Democratic ticket was because the head was marked (Democratic ticket)?-Ans. I don't know, only that I voted Democratic ticket; that is all. STATE OF IOWA, Linn County, 88: WEUTZEL KOGLAN. FRANK PEREMSKY, being produced and sworn before M. P. Mills, notary public for Linn Co., on this 26th day of April, '83, testifies as follows (M. P. Mills appearing on the part of contestee, and T. Brown on the part of contestant): (Contestant objects to the testimony of the witness as not being the best evidence.) Ques. 1. Where do you live?-Ans. R- Township, Linn Co., Iowa. Ques. 2. Did you vote at the Nov. election last Nov.-Ans. I never lost a vote yet. Ques. 3. Where were you born?-Ans. In Austria. Ques. 4. Have you got your naturalization papers with you?-Ans. Yes, sir, I have. Ques. 5. Please present them to the commissioner. (Papers show that the witness was naturalized by the county court, on the 23rd of Oct., 68, and county court of Linn County, Iowa, being a common court of common law jurisdiction, having a seal of the county court attached.) Ques. 6. What ticket did you vote last fall ?—Ans. I always vote the straight Democratic ticket. Ques. 7. Including Frederick for Congress?—Ans. Yes, sir. Cross-examination: Ques. 8. You have a discharge from the Army, have you ?-Ans. Yes, sir. Ques. 9. Please present it to the commissioner that he may take it down?—Ans. I did show it to him once. Ques. 10. Produce it again. (An honorable discharge from the U. S. Volunteer service in regular form, showing that he served 3 years, discharge dated 17 of Oct, '65.) FRANK PEREMSKY. STATE OF IOWA, Linn County, 88: L. TURNER, being produced and sworn before M. P. Mills, notary public for Linn County, on this 27th day of April, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant and M. P. Mills on the part of con testee): (Contestant objects to the testimony of this witness for the reason that proper notice of his residence was not given.) Q.1. You have been engaged in serving subpœnas in this county, have you ?—A. Yes, sir. (Also further objection that there is no pretension of this kind at all. Attorney for contestant refuses to appear in the taking of the testimony of the witness.) Q. 2. Did you serve a subpœna on Joseph Conenen, of Marion, to appear here ?—A. Yes, sir. Q.3. In that subpoena did you read to him to bring his naturalization papers?—A. Yes, sir. Q. 4. He was present when that was done ?-A. I don't recollect; there were several there when I served the notice on him. Q.5. Where was it ?-A. In his saloon. Q.6. What, if anything, did he do or say ?-A. He wanted to know what it was for, &c.; also what they wanted him to bring naturalization papers for. I told him I didn't know, but that they did anyway; there would have been a local question about it. That, I said, that is all right; he went to the drawer and got them; he said that they had taken him through to the old country, and he knew they were right; in a few minutes afterwards Little and others came in, and Little tried to explain it to me that the papers were taken out before some court; that it was legal, because it was a court of record. They staid a few minutes after this talk, when the attorney left. He says: "We are left, these papers don't amount to anything; all I wish to know for whom he voted for Congress." Then Dahmes came along; they brought him in to act as interpreter. He was a little deaf, and he says: "Did you vote for Frederick ?" "I did," says he," and I am not afraid to have folks know it." Says he: "Mr. Dahmes is a straight Democrat, and he voted for Frederick." Q.7. Now I will ask you if you went after him again on Saturday?-A. Yes, sir; I did. Q.8. Did you get him?-A. No, sir. Q.9. What did he do?-A. I could not subpoena him on the run. Q. 10. He started to run away from you?-A. Yes, sir. Q. 11. You could not catch him?-A. Yes, sir; I could call him back. Q. 12. You went to get him?-A. Yes, sir. (Contestant didn't appear in the taking of the testimony of this witness for the reason that no notice has been given.) ($0.85 paid as fee by contestee.) STATE OF IOWA, Linn County, 88: L. TURNER. C. S. GREEN, being produced and sworn before M. P. Mills, on this 27th day of Apr., 1883 (M. P. Mills appearing on the part of the contestee, and T. Brown on the part of the contestant), testifies as follows: Ques. 1. Were you a resident and were you present at the Nov. election in Washington Township, held on the 7th Nov., 1883 ?—Ans. Yes, sir. Ques. 2. Do you know George Pool?-Ans. Yes, sir. Ques. 3. Did he vote at the State election ?-Ans. Yes, sir. Ques. 4. State, if you know, how he voted; whether from your personal knowledge or whether he told you how he voted, if he told you. (Objection; incompetent, irrelevant, and hearsay.) Ans. He told me that he voted for Mr. Frederick. Ques. 5. Where was that?-Ans. At Center Point. Ques. 6. Washington Township, this county.-Ans. Yes, sir. Cross-examination: Ques. 7. Who is this George Pool ?-Ans. He is out west now. Ques. 7. You don't know anything more of him? He is not here?-Ans. No, sir. Ques. 8. Do you know how many George Pool's there are in this county ?-Ans. I don't know of any other one. Ques. 9. You don't know but there is a dozen ?-Ans. I don't know but there is. Ques. 10. You didn't see his ticket ?-Ans. No, sir; not until it was folded up. Ques. 11. You don't know what names were on the ticket?-Ans. No, sir. |
