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Q. 9. You voted that ticket?-A. Yes, sir; just one ticket.

Q. 10. Where were you born?-A. In Europe; Prussia.

Redirect examination:

Q. 11. You are a citizen of the United States, are you?-A. Yes, sir. ($1.15 paid as fee by contestant.)

STATE OF IOWA,

Benton County, 88:

HENRY SCHAFFER.

PETER MADISON, being produced and sworn before G. W. Burnham, a notary public for Benton County, on this 14 day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, Nichols & Burnham on part of contestee):

Q. 1. What is your age, name, place of residence, and occupation?—A. 26 years; Homer Township, Benton County, Iowa; farming.

Q. 2. Did you vote at the November election, '82, for the office of Representative in Congress; and if so, for whom did you vote ?-A. I voted the straight Democratic ticket; for Frederick.

Q. 3. How do you know you voted for Frederick?-A. Because I read the ticket.
Q. 4. How long have you lived in this township?-A. Three years and over.
Q. 5. Where were you born?-A. In Denmark.

Redirect:

Q. 6. You have been naturalized?-A. Yes, sir; I was naturalized in Vinton. (Same objection to this evidence as to that other witness.) ($1.05.)

STATE OF IOWA,

Benton County, 88:

PETER MADISON.

THOS. COLLINS, being produced and sworn before G. W. Burnhan, a notary public for Benton County, on the 14th day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, Nichols & Burnham on part of contestee):

Q. 1. What is your name, age, residence, and occupation ?-A. Tom Collins.
Q. 2. What is your age?-A. 58 years.

Q. 3. Residence?-A. Homer Township.

Q. 4. Benton County, Iowa?—A. Yes, sir.

Q. 5. Occupation-A. Farming.

Q. 6. You voted at the November election, '82, for the office of Representative in Congress? A. Yes, sir; and I have not missed an election in 23 years in Homer Township; I know that.

Q.7. For whom did you vote?-A. For the Hon. Ben. Frederick; that is the man I voted for.

Q.8. Did you peddle tickets that day?-A. Yes, sir.

Q.9. These tickets you gave out, whose name did they have on for Congressman -A. The name of B. T. Frederick; I did not peddle tickets for any other man; all the tickets I gave out had Ben. Frederick's name on. I saw some others that did not have his name on. I told them not to vote that ticket; that it was not a straight

Democratic ticket.

Q. 10. Who was peddling these other tickets?-A. Mr. Smith here; he pretended to be a Democrat, I guess.

Q. 12. And his tickets had Wilson's name on -A. Yes, sir.

Q. 13. Smith peddled; did he tell them they were Democratic tickets?—A. Yes, sir; they were headed Democratic, but they had Wilson's name on them.

Q. 14. Did you hear him tell them that they were Democratic tickets?-A. Yes, sir. Q. 16. Did he not tell them that it was a Democratic Representative in CongressA. I don't know whether he mentioned that; he said here is a Democratic ticket; I heard him say that.

Cross-examination:

Q. 17. They were Democratic tickets, were they not?—A. They were headed Dem

ocratic.

Q. 18. Most of the names on the ticket were Democratic ?-A. Yes, sir; all but Wilson's.

Q. 19. Some of these tickets were voted?-A. Yes, sir; I understood so.

Q.20. A number were voted, were they not?-A. I expect so.

($.85 paid as fee.)

THOS. COLLINS.

STATE OF IOWA,

Benton County, 88:

THEIS SEECK, being produced and sworn before G. W. Burnham, notary public for Benton County, on this 14th day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, Nichols & Burnham on part of contestee):

Q. 1. What is your name, age, place of residence, and occupation?—A. Theis Seeck; age, 40 years; Homer Township, Benton County, Iowa; farming.

Q. 2. Did you vote for the office of Representative in Congress last fall in Homer Township, Benton County, Iowa?-A. Yes, sir.

Q. 3. For whom did you vote?-A. I did hold Mr. Collin's ticket; I don't know what was on it.

Q. 4. Did you understand that it was a Democratic ticket?-A. Yes, sir; it was a Democratic ticket. Frederick's name was on it; I don't know what the first name

was.

Cross-examination:

Q. 5. Did you see Frederick's name on it?-A. Yes, sir.

Q. 6. You read English, do you?-A. Yes, sir; I could not read it at all. I could read Frederick's name; I could read that much.

Q. 7. Are you sure Frederick's name was on that ticket? A. Yes, sir.

Q. 8. Did you see the tickets that had Wilson's name on, headed Democratic ?—A. I saw some other tickets; I did not look at them much.

Q. 9. You did not ?-A. No, sir.

Q. 10. You are sure that you did not vote any of these tickets?-A. Yes, sir; I am sure I did not vote any of these tickets.

STATE OF IOWA,

Benton County, 88:

THEIS SEECK.

JACOB BOGE, being produced and sworn before G. W. Burnham, a notary public for Benton County, on this 14th day of March, A. D. 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, Nichols & Burnham on part of contestee):

Q. 1. What is your name?-A. Jacob Boge.

Q. 2. Your age?-A. 46 years.

Q. 3. Place of residence?-A. Homer Township.

Q. 4. Benton County, Iowa ?-A. Yes, sir.

Q. 5. For whom did you vote for Representative in Congress?-A. I voted Democratic. I got my ticket from Tom Collins.

Q. 6. Did you vote for Mr. Frederick?—A. Yes, sir.

Cross-examination:

Q. 7. Do you read English?-A. Yes, sir; I do.

Q. 8. Did you see the name on the ticket?-A. Yes, sir.

Q. 9. What name?-A. Frederick.

Q. 10. On the ticket you voted?-A. Yes, sir.

($1.25 paid as fee by contestant.)

STATE OF IOWA,

Benton County, 88:

JACOB BOGE.

GEORGE MOHR, being produced and sworn before G. W. Burnham, a notary public for Benton County, Iowa, on this 14th day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, Nichols & Burnham on part of contestee :)

Q. 1. What is your name?-A. George Mohr.

Q. 2. Age-A. 42 years old.

Q. 3. Where do you live?-A. A little over a mile from here.

Q. 4. What township?

Q. 5. Benton County, Iowa ?-A. Yes, sir.

Q. 6. How long have you lived there?—A. About 11 years.

Q. 7. Did you vote at the Nov. election last?-A. Yes, sir; I did.

Q. 8. For whom did you vote as Representative in Congress?-A. Well, I could not tell that for sure.

4. 9. Did you vote the Democratic or Republican ticket?-A. Democratic. Q. 10. For whom did you intend to vote?-A. I voted the same ticket that Mr. Collins gave me. I voted the ticket that Smock's name was on. I did not know which Congressman was on. I could not tell that for sure.

Q. 11. Who gave you that ticket?-A. I got 3 or 4 of them-lots of tickets were there.

Q. 12. Who gave you the one you voted?-A. Mr. Meyer.

Q. 13. Was the township ticket printed on it?-A. I could not tell that.

Q. 14. Did you intend to vote for Republican or Democratic candidate for Congress-A. I suppose the Democratic.

Q. 15. Tell whether he who gave you the ticket told you whether it was a Democratic ticket?

(Objection).

Q. 16. Did the party from whom you got the ticket tell you it was a Republican or Democratic 7-A. Democratic.

Q. 17. Did he say a clear Democratic ticket?-A. It says on the ticket that it is a Democratic ticket.

Q. 18. Did you intend to vote for Mr. Frederick as Democratic candidate for Congress-A. I intended to; I can't tell for sure that I did.

Q. 19. Can you read English ?-A. No, sir.

Cross-examination:

Q. 20. There were some Democratic tickets with Wilson and Smock's name on i— A. Yes, sir; I know I voted the ticket that had Smock's name on. I know Smock; he is a straight man, so far as I know. I don't know which Congressman was on; İ

can't swear to that.

Q. 22. You know Smock's name was on that ticket?-A. Yes, sir; I know that. Redirect:

Q. 23. Was Smock the only Republican you intended to vote for?-A. Well, I wanted to vote the Democratic ticket.

Q. 24. You intended to vote the clear Democratic ticket?-A. Yes, sir; I understood that.

Recross-examination:

Q. 26. You knew that Smock was not a Democratic, did you not?-A. Well, I don't know what he was.

Q. 27. You voted for him!-A. Yes, sir; I did.

Q. 28. You voted the ticket that had his name printed on it?-A. Yes, sir; Smock was on the Democratic ticket.

Q 29. His name was printed on the ticket?-A. Yes, sir; it was on the Democratic ticket.

($95 paid as fee.)

STATE OF IOWA,

Benton County, 88:

GEORGE P. MOHRE.

JAMES LYNCH, being produced and sworn before G. W. Burnham, a notary public for Benton County, on this 14th day of March, A. D. 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and Nichols & Burnham on part of contestee):

Q. 1. What is your name, age, place of residence, and occupation?-A. My age is 44; residence, Homer Township, Benton County, Iowa; my occupation is farming, Q. 2. Did you vote at the November election, 1882, for the office of Representative in Congress in Homer Township, Benton County, Iowa?-A. I did.

Q. 3. For whom did you vote for Congressman?-A. B. T. Frederick.

Q. 4. How long have you lived in the township?-A. Thirteen years.

Q. 5. How did you know you voted for Ben. Frederick; you read your ticket, did you?-A. Yes, sir.

Q. 6. Did you see any one peddling bogus Democratic tickets that day?-A. Yes, sir. Q. 7. Who was it-Mr. Smith the man? Did you hear him tell the voters that they were not genuine Democratic tickets?-A. I could not say positive.

Q. 8. What did he tell them?—A. Well, he handed me one-a Republican ticket; I would not take that; then he handed me one of those bogus tickets. Q. 9. With Wilson's name on it?-A. Yes, sir.

Cross-examination:

Q. 10. What do you mean by bogus ticket!-A. I did not say bogus tickets; I said one of those other tickets.

Q. 11. What do you mean by that?-A. I mean Democratic ticket with Republicans on it.

Q. 12. Mixed tickets, were they?-A. I should think that they were.

Q. 13. What Republican names were on?

Q. 14. Some of those tickets were voted here?-A. I don't know; I expect likely they were.

Q. 15. Don't you know these were?—A. I did not see anybody voting them that I know of.

Q. 16. You did not see the tickets; did you?-A. Yes, sir; I saw the tickets.

Q. 17. Did you vote for Mr. Smock?-A. No, sir; I did not.

Q. 18. These tickets were headed Democratic tickets, were they?-A. Yes, sir. Q. 19. And the only Republican names on them were Wilson's and Smock's?—A. I cannot say as to the others; they were strangers, mostly; I could not tell whether Republicans or not.

Q. 20. Were they the same as on your tickets?-A. I did not notice them.

Q. 20a. You did not know but what there were other Democrats and Republicans on the same ticket ?-A. All looked for was Smock's name.

Q. 21. You are sure you voted the ticket that had Frederick's name on?-A. Yes, sir. Q. 22. And did not have Wilson's name on?-A. No, sir. ($1.25 paid as fee by contestant.)

STATE OF IOWA,

Benton County, ss:

JAMES LYNCH.

CLAUSE KIRCHNER, being produced and sworn before G. W. Burnham, a notary public for Benton County, on this 14th day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and Nichols and Burnham on the part of contestee):

Q. 1. Where do you live?-A. In Homer Township, section 24.

Q. 2. Benton County, Iowa?-A. Yes, sir.

Q. 3. How long have you lived here?-A. I lived here fourteen years last fall.

Q. 4. Did you vote at the November election, 1882?-A. Yes, sir.

Q. 5. For whom did you vote for the office of Representative in Congress -A. For Frederick.

Q. 6. Benjamin T. Frederick-A. Yes, sir.

Q. 7. How do you know that you voted for him?-A. Because he was on the ticket I put in.

Q. 8. You read English?-A. Yes, sir.

Q. 9. Did you vote for Mr. Smock?-A. No, sir.

Q. 10. Did you see any ticket that had Wilson's and Smock's name on?-A. Yes, sir. Q. 11. The rest of them Democratic?-A. Yes, sir.

Q. 12. These tickets were voted here that day?-A. I don't know whether any of them were voted or not; I did not vote any of them.

Q. 13. How old did you say you were?-A. Forty-six years old.

Redirect:

Q. 14. Did you say you got some of those tickets that day with Wilson's and Smock's name on?—A. I got a ticket of this gentleman right here (reeferring to Mr. Smith). Q. 15. Did he tell you anything?-A. No, sir, he did not tell me anything; he had

the ticket.

STATE OF IOWA,

Benton County, 88:

CLAUSE KIRCHNER.

THOS. DONNELLY, being produced and sworn before G. W. Burnham, a notary publie for Benton County, on this 14th day of March, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, Nichols & Burnham on part of contestee):

Q. 1. What is your age?-A. I can't tell exactly.

Q. 2. Where do you live, what township and State?-A. I live here in Homer Township.

Q. 3. Benton County, Iowa ?-A. Yes, sir.

Q. 4. Did you vote at the Nov. election, '82?-A. I voted out here in Homer Township, last election.

Q. 5. For whom did you vote for Representative in Congress?-A. Well, I voted the ticket that Mr. Collins filled out for me.

Q. 7 Voted the Democratic ticket?-A. Yes, sir; that is what I voted all the time; that is what I intended to vote; I have never changed that ticket yet. Q. 8. Mr. Thos. Collins filled out your ticket?-A. Yes, sir.

Cross-examination:

Q. 9. Do you know what names were on the ticket?-A. I can't see unless I have my specs on. Mr. Smith here wanted to change my ticket when I was going to vote for Mr. Smock for recorder. I calculated to vote for Mr. McAllister; that is the man I intended to vote for. I had the ticket filled out and said I had my ticket filled; I remember that.

Q. 10. You don't know whether you voted for Smock or not?-A. I intended to vote for McAllister.

Redirect:

Q. 11. You intended to vote for Frederick, did you not?-A. I voted for somebody; I did not look at the ticket exactly to tell what it was.

Q. 12. Collins filled out the ticket?-A. Yes, sir, he did.

Q. 13. Did Smith tell you there were Republican Congressmen on the ticket he handed you-A. There was no talk about that. He was talking about voting for Smock. I calculated to vote for Mr. McAllister. I gave in the ticket I had filled out and did not make out any other ticket.

Q. 14. Did he try to have you change your ticket?-A. No, sir; it was not changed. Q. 15. Did he try to have you change it?-A. Yes, sir; he wanted me to fill out another township ticket.

($1.05 paid as fee by contestant.)

STATE OF IOWA,

Benton County, 88:

THOS. DONNELY.

F. C. BYERS, being produced and sworn before G. W. Burnham, a notary public for Benton County, on this 14th day of March, A. D. 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and Nichols & Burnham on part of contestee):

Q. 1. What is your name?-A. F. C. Byers.

Q. 2. What is your age, place of residence, and occupation?—A. Age, 29; I live a mile and a half from Center school-house; business, farming

Q. 3. What township and county-A. Homer Township, Benton County.

Q. 4. Did you vote at the November election, '82?-A. Yes, sir.

Q. 5. What ticket did you vote?-A. Straight Democratic.

Q. 6. For whom did you vote as Representative in Congress?-A. Frederick.

Q. 7. From whom did you get your ticket?-A. That is more than I can tell.

Q. 8. Did you see Mr. Smith there that day?-A. Yes, sir; he gave me a ticket, but I did not vote it.

Q. 9. You thought it was a Democratic ticket, did you not; why did you not vote it?-A. I did not like it.

Q. 10. Did he tell you that it was a Democratic tieket?-A. No, sir; I don't know that he told me.

Q. 11. You know that you voted for B. T. Frederick ?-A. Yes, sir.

Cross-examination:

Q. 12. You think you know you voted for Frederick?-A. I saw it on my ticket; it was a straight Democratic ticket.

Q. 13. Did you vote for Mr. Smock?-A. No, sir.

Q. 14. What other names were on the ticket?-A. I cannot tell now.

Q. 15. What names did you see on the ticket?—A. I don't remember all the names.

Q. 16. Do you remember any names you saw on the ticket?-A. Yes, sir; I guess so. Q. 17. Well, sir, what names?--A. I do not know that I can tell you.

Q. 18. You cannot tell a single name on the ticket?-A. No, sir.

Redirect:

Q. 19. For whom did you vote as recorder?-A. McAllister.

Q. 19. Do you know whether you voted for Mr. Haddon for clerk or not, or Mr. Thompson?-A. I cannot tell.

Q. 20. You knew Mr. Frederick was there?-A. Yes, sir.

Q. 21. You knew you were not voting for Mr. Wilson?-A. Yes, sir.

Recross-examination:

Q. 22. You did not know Mr. Frederick's name was there?-A. I was told right away that I was voting the right ticket. I knew Wilson was a Republican; I was told that.

Q. 23. You did not know any names on the ticket you voted?-A. No, sir. I did not pay any attention to it since the election.

Q. 24. You don't remember anything about that, do you?-A. No, sir.

Redirect:

Q. 25. Who told you Frederick's name was on for Congress?-A. They had some papers there to send out to Morrison's with Wilson's name recorded.

Q. 26. You saw Wilson's record?—A. I did not look at it; no, sir.

Q. 27. You did not have any of those papers with Wilson's record on it?-A. No, sir. Q. 28. Do you know who had those papers?-A. No, sir; I got my ticket in a saloon. Q. 29. Whose saloon?-A. Henry Fintel's.

Q. 30. The saloon keeper gave you one?-A. No, sir; it lay there on the counter. Q. 31. Do you read English ?-A. No, sir. ($1.35 paid as fee by contestant.)

F. C. BYERS.

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