Ques. 12. You don't know what he testified to from what he told you?-Ans. It looks as if · Ques. 13. Well, I ask you if you know any other way from what he told you?—Ans. I thought I knew how he voted. Ques. 14. Do you know anything of it except what he told you?-Ans. No, sir; only what he told me. Ques. 15. That is just exactly what I want to get. $2.75 paid as fee by contestee. STATE OF IOWA, Linn County, 88: C. S. GREEN. H.A. SUTHERLAND, 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 contestee): (Contestant objects to the testimony of this witness for the reason that proper notice of his residence was not given.) Q. 1. Where did you reside in Nov. 7th, 1882-A. At Marion. Q. 2. Did you hold any office at that time; and if so, what?-A. I was township clerk in Marion Township. Q. 3. I will ask you if you were present at the general election held on that day?— A. Yes, sir; I was. Q. 4. Now you may state to the commissioner whether or not there was any considerable number of Republican ballots cast at that election with the name of B. T. Frederick on for Congress?-A. If I can recollect right there were 4 tickets, as near as I can recollect, and straight Republican, Greenback ticket, and split tickets; Republican, except the name of B. T. Frederick was on for Congress. Q. 5. Can you form any estimate with Frederick's name on for Congress? (Contestant objects, not being the best evidence; tickets and the returns being the best evidence, which are required by law to be preserved.) A. I should think, though of course I have no means of knowing except from the average majority of the township; I think that the average Republican majority of Marion Township was about 250, and Wilson had a majority of 33 in the township. Q. 6. Then, according to that Mr. Frederick has some where in the neighborhood of 200 tickets? (Objection; improper, suggestive.) A. I cannot say whether they were smuggled, or how they were got in, but I know they were there; I know that. Q. 7. About how many?-A. Probably 150, or 175 straight Republican tickets with Frederick's name on?-A. Yes, sir. Cross-examination: Q. 8. You have a pretty intelligen people up there, haven't you?—A. Yes, sir; they were considered so. Q. 9. Over half of them could read and write?-A. I should think there is a very small number there in that township who are not able to read their ballot. Q. 10. You don't think that a majority of your voters don't know who were on for Congress on the Republican ticket, do you?-A. Well, I hardly presume. Q. 11. You think nearly all of them could tell; don't you think that Mr. Wilson's were extremely unpopular that threw him back so much?-A. I don't know that. Q. 12. The returns of the election seem to indicate that, don't they?—A. They didn't to my mind indicate any unpopularity at all. Q. 13. What was it the likely question ?-A. I think that it had something to do with it. Q. 14. You think that the question of prohibition had something to do with it ?—A. Yes, sir, I think so. Q. 15. You think that these men on account of that question, on account of that political issue, did not care to support Mr. Wilson ?-A. I don't know whether it was Mr. Wilson, or whether they were sour over the result of the June election. Q. 16. Was it because they desired to vote for a man that was opposed to prohibition?-A. Possibly; yes, sir. Q. 17. And there would be enough of that class of men in the Republican party that would make considerable difference in the majority, if they made a point against a man on that account ?-A. Possibly it might have had considerable effect; I have considered the matter; I have not considered the matter in that light very much; I suppose it had its influence. Q. 18. As a Republican, you charge that change of your majority for Representa tive to that influence, don't you?-A. As I stated before, I think that it had some influence; as to how much, I am not prepared to say. Q. 19. You didn't go around among the voters and discuss that?-A. No, sir. Q. 20. It is pretty well known there were tickets there with Frederick's name on? -A. Yes, sir. Q. 21. The morning of the election, it was known then the tickets were properly distributed all day?-A. I suppose so, I was in doors. Q. 22. They were not distributed by Republicans?-A. I cannot say as to that. Q. 23. Are you not satisfied that Republicans distributed these tickets ?-A. No, to my personal knowledge. Q. 24. I mean men recognized as leading men in the Republican party were working for Frederick?-A. I hear that made before; whether it was true or false, I don't know. Q. 25. Don't you know that Carter Thompson, of that township, sympathizes with Frederick-A. No, sir, I don't know that most likely, if he is to be believed, and I think that he is. ($1.25 paid as fee by contestee.) STATE OF IOWA, Linn County, 88: H. A. SUTHERLAND. CHRISTIAN MARKERT, being produced and sworn before M. P. Mills, a notary public for Linn Co., on this 27th day of April, 1883, testifies as follows: (Julius Morlart sworn by Mills as an interpreter.) (Contestant objects to the testimony of the witness, for the reason that a proper notice was not given of the residence of the witness.) Ques. 1. Where do you live?-Ans. In Cedar Rapids. Ques. 2. Where did you vote last November election?-Ans. In this township. Ques. 4. Were you ever naturalized in this country, ever made a citizen with papers? Ask the witness when and where he got his naturalization papers?—Ans、 He said that he got his first papers in the city of New York. [Witness produces another paper in court.] Ques. 6. You may now present your papers to the commissioner. [Witness produces papers which show that the witness was naturalized Oct. 28th, 1868, by a county court of Linn Co., a court purporting to have common law jurisdiction and a clerk and seal. Signed by A. B. Dumont, county judge and ex officio, with the seal of the county court attached.] Ques. 7. You may ask the witness now if he voted at the general election last November?-Ans. He said that he voted. Ques. 8. Now ask him what ticket he votes, Democratic or Greenback?-Ans. Greenback. Ques. 9. Ask him where he voted it?-Ans. Here in this hall or building. Ques. 10. Ask him what ward he lived in ?-Ans. On the south side of the corpora tion. Ques. 11. Ask him for whom he voted for Congress?-Ans. He cannot tell. Ques. 12. Ask him if anybody has spoken to him about what he was to testify to when he was subpoenaed here -Ans. No, sir. Ques. 13. Ask him if he did not vote a Democratic ticket last fall?-Ans. He says yes. Ques. 14. Ask him if he voted that Democratic ticket straight, or scratched any names on it.-Ans. He says that he didn't scratch it any. Ques. 15. Then did he vote the full Democratic ticket?-Ans. He says that he doesn't know. Ques. 16. Ask him if he didn't generally vote the Democratic ticket? (Contestant objects, leading and suggestive, also asking an opinion of the witness.) Ans. He says that as a general thing he votes the Democratic ticket. Ques. 17. Did he vote the Democratic ticket last fall?-Ans. I guess he doesn't understand the two questions thoroughly. He says that he doesn't know. Ques. 18. Don't he know what is generally meant by the Democratic ticket, when it is written on top Democratic ticket?-Ans. He says that if he could see the ticket he could tell. Ques. 19. Ask him if he saw the ticket that he voted last fall.-Ans. He says that he saw the ticket, but couldn't tell whether it was the Democratic ticket. Ques. 20. Ask him if the words "Democratic ticket" were not on the heading of the ticket that he voted. (Objection, leading.) Ans. Yes, sir. Ques. 21. Ask him if he voted that straight Democratic ticket.-Ans. He says that he doesn't know for certain. Ques. 22. Ask him this: if he didn't come to the polls and take up a straight Democratic ticket and vote that ticket. Q. 28. How long have you been in the United States?-A. 18 years. Redirect: Q. 29. You didn't get but one paper, did you?—A. No, sir; that is all. Q. 30. When did you get it; last winter-last Feb. ?-A. Yes, sir; I believe so. Q. 31. You got it about the last January term of court here, didn't you?—A. I believe that was when it was. Q. 32. It was last winter was it, since last Nov. ?-A. I cannot tell now. Q. 33. Was it January 17th-A. I believe it was, but I cannot tell. Q. 34. You never had but one paper ?-A. I guess I have had as many as 10 of them. Q. 35. You got them here in the court-house?-A. Yes, sir. Recross-examination : Q. 36. You say you don't know who you voted for?-A. No, sir; I cannot swear who I voted for; I was too old to learn to read when I came to this country. Q. 37. Can you swear whether your ticket was absolutely Democratic or not?-A. That is the trouble with me, I can hardly read. Somebody gave it to me; everybody knows me in this town. Redirect: Q. 38. Who gave it to you?—A. I cannot tell that; everybody knows me; I have been so long here. Recross-examination : Q. 39. You can't say whether it was a Democratic or Republican ticket?—A. No, sir; 6 or 7 were there at the court-house. Redirect: Q. 40. Did you ever vote Republican ticket?-A. Yes, sir; I believe I did. Q. 42. You are with the Democrats now; that is your party isn't it?—A. I believe most of them go that way. Q. 43. You understood that you were voting for Frederick last fall?-A. I went by the court-house; they said you vote that ticket, I said all right, I will do so. Q. 44. Who said so?-A. 6 or 7 came; one said you vote that ticket; I took one and voted it. Q. 45. Was it Robinson ?-A. I cannot say whether it was him or not. Q. 46. You know Robinson?-A. Yes, sir; everybody knows me. Q. 47. Didn't Robinson give you a ticket?-A. I cannot remember it now. Q. 48. You supposed you were voting Democratic ticket?-A. I don't know who gave it to me. Q. 49. Didn't you suppose you were voting Democratic ticket?-A. At that time may be I did. Q. 50. And the man that gave it to you, was he a Democrat?-A. Well, I don't know. Q. 51. He was peddling tickets, wasn't he?-A. I don't know whether it was Frederick's man or not. Q. 52. Didn't Frederick speak to you about the election ?-A. No, sir. Q. 53. Didn't you intend to vote for Frederick; didn't you suppose you were voting for him at the time?-A. I cannot say about that. Q. 54. That was what you intended to do was it? (Objection, leading.) (Contestant objects on the ground that the question is leading and suggestive.) Ans. He said that he didn't know the difference between the two tickets, Democratic and Republican. Ques. 1. Ask him if he would know the ticket headed Democratic ticket if he should see it.-Ans. He says that he can't tell for certain. Ques. 2. Can he read ?-Ans. He says a little, not very much. Ques. 3. Could he read the words Democratic ticket if he see it on a ticket?—Ans. He says that he could. Ques. 4. Were the words "Democratic ticket" on the ticket that he voted ?—Ans. He says that he don't know. Cross-examination : Ques. 5. Ask the witness if he voted the Greenback ticket.-Ans. He says that he voted Greenback ticket. 85 cents paid as fee by contestee. CHARLES F. MARKET. STATE OF IOWA, Linn County, 88: JULIUS MARKET, being produced and sworn before M. P. Mills, notary public of Linn County, on this 26th day of Apr., '83 (M. P. Mills 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 Saxony. Ques. 2. Did you vote at the general election held last Nov. ?-Ans. No, sir. Ques. 3. Where were you?-Ans. I was working. Ques. 4. Working at what?-Ans. At shoemaking. Ques. 5. In what ward do you live?-Ans. In the 5th ward. Ques. 6. You say that you didn't vote at the general election held last Nov. ?-Ans. No, sir; I did not. Ques. 7. That is your recollection?-Ans. That is that I didn't vote. (Excused. Paid as fee by contestee $.85.) STATE OF IOWA, Linn County, 88: JULIUS MARKET. HENRY GALLAGER, 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 contestee): Q.1. Where were you born?-A. In Ireland. Q.2. Do you remember the date, or about the time that you got your papers in Linn County-A. The first I ever got was in Ohio. Q.3. Well, I mean those you got here. Do you remember the date of the papers you got in this county ?-A. No, sir. Q. 4. You took out your first papers in this county, didn't you?-A. Yes, sir; when I first came here. Q. 5. These are the first you have in this county?—A. Yes, sir. Q. 6. Since you took out these first papers have you ever taken out any other papers?-A. No, sir; not in this county. Q.7. Did you vote at the general election held last November! BROWN. You are not obliged to state how you voted. Contestee must first prove that you are not a naturalized citizen before you are obliged to state. Q. 8. Well, did you vote at the last election held in Nov. 7th, 1882, in this township-A. Well, I don't remember that I did. Q. 9. What ward do you live in?-A. In the 3rd ward. Q. 10. As a matter of fact, don't you know that the poll-books of the 3rd ward shows you voted at the general election held in Nov., 1882-A. I don't know whether they do or not. Q. 11. Do you say now you didn't vote?—A. No, sir; I didn't say that I didn't vote. Q. 12. Well, did you vote?—A. Well, sir, I didn't say, because I didn't think it was any man's business whether I voted for one man or for another man. Q. 13. Well, will you answer the question or not? BROWN. Witness is not obliged to tell. A. I won't answer it. Q. 14. Now, I want to ask you whether you voted at the general election held in this township on the 7th of Nov., 1882, whether you voted the Democratic ticket. (Contestant objects; incompetent, immaterial, it not being particular whether he voted at all.) A. I won't answer that; a man can vote any ticket he wants to, without telling his neighbors. Q. 15. Do you refuse now to answer the other questions asked you in this contest? -A. I don't know anything about this contest; it doesn't interest me. Q. 16. Do you refuse to answer the question ?-A. Yes, sir; I do. Cross-examination: Q. 17. Did you get your citizens' papers in Iowa?-A. Yes, sir. Q. 18. Properly naturalized before the court?-A. Yes, sir; in Sandusky, Ohio. Q. 19. Do you remember whereabouts you got them; in what court?—A. At Sandusky. Q. 20. Did you get them in court?-A. Well, sir; I think so; I got them during the war. Q. 21. You got two sets of papers there, did you?-A. Yes, sir. Q. 22. Did you lose these papers?-A. In Illinois or Michigan. Q. 23. Did you have; for you got papers?-A. Yes, sir. Q. 24. You have only refused to answer this question, as to whom you voted for? -A. Yes, sir. Redirect: Q. 25. Now, I want to ask you whether Frederick or Davenport have been talking to you about it-about what you are going to testify to to-day on the stand? Do you know Frederick?-A. No, sir. Q. 26. Well, I refer to that gentleman sitting right there.-A. I don't believe I ever saw him. Q. 27. Were you talking with them to-day ?—A. I don't know that I have to tell you everybody that I talk to during the day. Q. 28. Do you refuse to answer that question ?-A. Yes, sir; I do. Q. 29. Now, I want to ask you if Frederick or Davenport, his attorney acting in this case, didn't he tell you at the bottom of the stairs that you were not obliged to answer this question ?—A. I refuse to answer that question; but I do not take any interest in the case at all. Q. 30. Didn't Frederick and Davenport also tell you at the foot of the stairs here, that if you refused to answer that question--do you refuse to answer that ?—A. Yes, sir; I refuse to answer anything on the case. Q. 31. Did Frederick pay you any money down in front of the city hall, where you are now sitting, to-day -A. Well; I wish that he would. Q. 32. Well; you may answer the question, or refuse to.—A. Well; I know I got no money from any man. Q. 33. Now, what did he tell you at the foot of the stairs?-A. Well; I told you I refused to answer that question whether I have been talking or not to any man. Q. 34. Did you say you were not talking to Frederick or Davenport down there? -A. Well; that is just what you have been asking me about. Q. 35. Did you say you were not talking to them ?-A. I refuse to answer that. Q. 36. Has anybody been to see you about coming here to testify in this contest?— A. I came right here from work. Q. 37. Do you refuse to answer that?-A. Yes, sir. Q. 38. You were subpoenaed to come here and testify?—A. Yes, sir. Q. 39. You came here for the purpose of testifying, did you?—A. Testifying to what? Q. 40. Whatever you know.-A. I don't know anything. Q. 41. That is the question.-A. These; I don't know anything regarding this case. Q. 42. Did you come here in obedience to that subpoena to testify-A. Well, I am not a politician, anyway. Q. 43. Well, did you come here in obedience to that subpoena served upon you for the purpose of testifying in this case?-A. Well, I had to come as long as I was subpoenaed to come here. Q. 44. Well, did you come in obedience to that subpoena for the purpose of testifying in this case?-A. Well, I can't answer that any better than I did; I said I had to come here, as long as I was subpoenaed. Q. 45. Well, did you come for the purpose of testifying?—A. Testifying to what? Q. 46. I want an answer.-A. I don't know that I have been guilty of any crime or anything. Q. 47. I want au answer.-A. I came here in obedience to the subpoena. Q. 48. For the purpose of testifying?-A. I didn't know for what purpose. Q. 49. Did you vote the Greenback ticket last fall?—A. That I won't tell you. Q. 50. You won't answer?-A. No, sir. ($0.85 paid as fee by contestee.) HENRY GALLAGER. Joseph Binko (paid as fee by contestee, $0.85), being called in open court, doesn't make his appearance. James Knopp (paid as fee by contestee, $1.25), being called by the commissioner, fails to make his appearance. Joseph Coenen (paid as fee by contestee, $1.35), being called by the commissioner, fails to appear. BROWN. I wish the commissioner to make note that John Binko has just now made his appearance in court. MILLS. Well, let him come afterwards to be sworn. W. W. Thomas (paid as fee by contestee, $1.35), being called in open court, fails to make his appearance. STATE OF IOWA, Linn County, 88: JOHN SHAY, being produced and sworn before M. P. Mills, on this 26th day of Apr., 283 (M. P. Mills appearing on the part of the contestee, and T. Brown on the part of the contestant), testifies as follows: Ques. 1. Where did you live in Nov. last?-Ans. In Putnam Township. |
