Cross-examination by Mr. LOVE:

Q. What question was your father asked by the election election last fall as to your residence?-A. I cannot say.

at the

Q. Do you remember whether your father testified before the election board last fall to anything else than the fact that you were between the age of twenty-one and twenty-two years?-A. I am positive that he did testify to that fact, and am not positive that he testified to anything else. B. F. KELLER.

Testimony of G. W. Lambert.

G. W. LAMBERT, being sworn and examined, deposeth as follows: (Counsel for contestee requests counsel for contestant to state what he proposes to prove by this witness and the purpose for which he is called.

Counsel for contestant maintains silence.

Counsel for contestee objects to the examination of the witness: 1st. Because the notice served upon contestee or his counsel, of the time and place of his examination, is not such as is required by act of Congress, notice having been served for taking his testimony before R. C. Chees man, notary public, Judge Devens, and E. M. Blanchard, three separate commissioners, at the same time and at different places. 21. Because counsel for contestant refuses to state what he proposes to prove by the witness and the purpose for which he is called.)

Question. State your age.-Answer. I am going on twenty-nine.

Q. Will you state where you are now employed?—A. At Linn & McCoy's, in Boggs Township.

Q. How long have you been in their employ ?-A. Over two years. Q. What particular work are you engaged at under Linn & McCoy? (Counsel for contestee objects to the question because it is immaterial, irrelevant, and not rebuttal.)

A. I am running the engine.

Q. Where have you boarded during the time that you have been at work at Linn & McCoy's?-A. At Ben. Aston's and Isaac Gingher's. Q. How long have you boarded with Mr. Gingher?-A. About eight weeks.

Q. Are you boarding there now?-A. No, sir; I quit there last night. Q. During the time that you have been working for Linn & McCoy, where did you get your washing done?-A. At home.

Q. Where are you now living ?-A. At Milesburg.

Q. Do the persons that you boarded with during the time that you have been at work at Linn & McCoy's live in Boggs Township?-A. Yes, sir.

Q. Did you stay at nights with the parties with whom you were boarding-A. Yes, sir.

Q. Did you vote at the election held on the 5th of November, 1878 ?— A. Yes, sir; I did.

Q. In what township did you vote?-A. In Benner Township.

Counsel for contestee, reserving the foregoing objections to this witness and all legal exceptions, cross-examines :

Q. Where were you born?-A. In Bellefonte, Centre County.
Q. Where do your parents live?-A. In Benner Township.

Q. How long have your parents been living in Benner Township?A. About thirteen years.

Q. Have you been making your home in Benner Township with your parents during all that time?-A. Yes, sir.

Q. Since you have been working at Liun & McCoy's, have you kept all your clothing at home with your parents?-A. Yes, sir.

sir.

Q. Do you get your washing and mending done at home?-A. Yes,

Q. During the time you have been working at Linn & McCoy's, did you spend your Sundays at home with your parents?-A. Yes, sir; most every Sunday.

Q. How long have you been a voter in Benner Township?—A. About seven years.

Q. Have you ever voted any place else than in Benner Township since you arrived at the age of twenty-one years?-A. I have not.

Q. Have you been regularly assessed in Benner Township since you have arrived at the age of twenty-one years as a citizen therein ?—A. I think I have.

Q. Have you paid your taxes regularly in Benner Township?-A. Yes, sir.

Q. Do you consider your home in Benner Township with your parents? -A. Yes, sir; I do.

Q. Have you ever left your parents with the intention of making your home or residence elsewhere?-A. No, sir; I have not.

Q. How far is Linn & McCoy's, the place you work, from your home in Benner Township?-A. About three miles.

Q. You are not a married man?-A. Yes, sir; I am now. ried about eight weeks ago.

Was mar

Q. You were not a married man on the 5th of November last ?—A. No, sir.

Re-examined by Mr. FORTNEY:

Q. Do you not make your home in Milesburg, with your wife?—A. I do now.

Q. When and to whom did you last pay a State or county tax ?—A. To Uriah Stover, collector for Benner Township, in 1877.

Q. Did you receive the wages for your work during the time you have been employed at Linn & McCoy's?-A. Yes, sir.

Q. Were you working on your own hook ?-A. Yes, sir.

Q. Your father had nothing to do with your employment or your wages?-A. No, sir.

Recross-examined:

Q. When did you move to Milesburg with your wife?-A. Yesterday, the 2d April, 1879.

Q. While you were working at Linn & McCoy's, and kept your clothing at home with your parents in Benner Township, and had your washing and mending done there, while you were yet a single man, did you contribute of your wages to the support of your parents?-A. Yes, sir. G. W. LAMBERT.

JOHN BRADLY, being sworn and examined, deposeth as follows: (Counsel for contestee objects to the examination of this witness, first, because the notice served upon contestee or his counsel, of the time and place of his examination, is not such as is required by act of Congress, notice having been served for taking his testimony before R. C. Cheesman, notary public, Judge Divins, and E. M. Blanchard, three separate commissioners, at the same time and at different places.)

Question. State your age and residence.--Answer. I might be sixtyfour. I reside in Marion Township.

Q. How long have you resided in Marion Township continuously?—

A. Since 1854.

Q. Where were you born?-A. In Ireland.

Q. When did you come to the United States?-A. In Septemper, 1846. Q. Where were you naturalized?-A. In Bellefonte, Centre County, Pennsylvania.

Q. When were you naturalized?-A. That I cannot say. I don't recollect the date. It was shortly after I moved to Marion Township.

Q. Have you lived in Marion Township, Centre County, Pennsylvania, ever since you have been naturalized ?—A. Yes, sir.

Q. State whether you paid a State or county tax within two years preceding the 5th of November, 1878.-A. Yes, sir; I paid for 1877.

Q. To whom did you pay it?-A. To Orr, collector of that township. Q. Do you recollect when you paid it?-A. I paid it one month before the election. It might have been a little more. Am not certain of the time; but am sure it was before the limitation was up.

Q. State whether or not you voted at the election held for Marion Township on the 5th of November, 1878.-A. I voted in Marion Township on that day.

Q. Will you state for whom you voted for Congress?-A. I voted for Hon. Andrew G. Curtin, and none else.

(Counsel for contestee objects to the testimony of this witness, because it is not rebuttal.)

Counsel for contestee, reserving the foregoing objections and all legal exceptions, cross-examines :

Q. For what year was David Orr collector of State and county taxes for Marion Township?-A. It must have been for 1877.

Q. Where were you at the time you paid him?-A. It was paid for I sent it to him.

me.

Q. With whom did you send the money to pay your taxes?—A. By Mr. Yearick, the present county treasurer.

Q. In what month was it the taxes were paid?—A. I don't know what month he gave it to him; but I know it was a month or more before the election in fall of 1877.

Q. Was it a month before the election in which A. G. Curtin was run- ́ ning for Congress?-A. I don't know what time he was running for Congress, but it was a month or more before that election that the tax was paid.

Q. Then you paid your taxes to Orr last fall ?—A. Yes, sir; one month before the election.

Q. Did you get a receipt for your taxes ?-—A. I did.

Q. Have you got your receipt with you?-A. No, sir; I forgot it. Q. Who was the man that gave you the receipt?-A. Adam Yearick gave it to me on the day of the election.

Q. Do you know what the date of the receipt is?-A. No, sir; for I can't read writing.

Q. What was the amount of the taxes you paid to Orr ?-A. As near as I can go is, was either $1.62 or $1.75.

Q. What time in the day did you vote last fall?-A. I think it was in the forenoon.

Q. From whom did you get the ticket that you voted ?-A. I got it from Adam Yearick.

Q. Was it folded when you got it from him?-A. Yes, sir; ready to

Q. Did you open the ticket?-A. No, sir.

Q. Did you read your ticket?-A. No; I can't read.

Q. How then do you know the name of A. G. Curtin was on the ticket you voted?-A. Because that is the man I inquired for, that I wanted to vote for.

Q. Is that the only reason you have for thinking you voted for A. G. Curtin ?—A. Why, what other reason could I have?

Q. Have you paid any taxes since those that Yearick paid to Orr for you?-A. I guess I have a little, of 1878, but not in full.

Q. If you don't remember the month in which you sent the money by Yearick to pay your taxes to Orr, how do you know that you sent it more than one month before the election last fall?-A. I know the duplicate shows it was paid one month or more before the limitation was up.

Q. When did you see the duplicate ?-A. I did not see it at all, but I heard

Q. You say the duplicate shows that it was paid one month or more before the limitation was up. Will you state what limitation you mean? -A. I mean by limitation, before the thirty days is up.

Re-examined by FORTNEY:

Q. What is the politics of Adam Yearick, the man from whom you got your ticket before you voted on the 5th of November, 1878 ?—A. I don't know his politics, but he was a candidate on the Democratic ticket for treasurer at that election.

JOHN BUTLER, being sworn and examined, deposeth as follows: (Counsel for contestee objects to the examination of the witness, because the notice given contestee of the time and place for his examination is not such as is required by the act of Congress, notice having been given for the taking of his testimony before three different commissioners at the same time and different places.)

Question State your age and residence.--Answer. I am thirty-nine years old; I reside in Marion Township, Centre County, Pennsylvania. Q. State how long you have resided continuously in Marion Township. —A. I have been there ever since I was quite small, and I never voted at any other poll than Marion Township. I was born in Spring Township.

Q. On whose place do you now live?-A. Mr. John Irwin's.

Q. Will you state whether you paid any State or county tax within two years preceding the 5th of November, 1878 ?-A. I did, to Mr. Hurter. I paid him $5 either the last week in May or 1st of June, 1878.

Q. Do you know whether or not any portion of this was applied to the payment of your personal tax?—A. I do not.

Q. Was there anything said at the time you paid the $5 to Hurter, about how it was to be applied?-A. There was not, because the collectors never do; they never ask us for our individual tax; they ask us for the whole of it.

Q. Will you state whether or not you voted at the election held for Marion Township the 5th of November, 1878 ?—A. I did.

Q. Will you state for whom you voted for Congress?—A. For Seth H. Yocum.

(The counsel for contestee objects to the testimony of the witness because it is not rebuttal, and declines to cross-examine.)

Testimony of James Lons.

JOHN BUTLER.

JAMES LONS, being sworn and examined, deposeth as follows: (Counsel for contestee objects to the examination of the witness, because the notice given contestee of the time and place for his examination is not such as is required by the act of Congress, notice having been given for the taking of his testimony before three different commissioners at the same time and at different places.)

Question. State your age and residence?-Answer. I am about thirtyfive years old. I reside in College Township now.

Q. Where did you live before the 5th of November, 1878 ?-A. In Marion Township.

Q. State when you moved to Marion Township and when you left it. -A. I moved to Marion Township in March, 1878, and left it March, 1879.

Q. Then you lived about one whole year in Marion Township?—A. Yes, sir.

Q. Where were you born?—A. In this county; Centre County, Pennsylvania.

Q. Have you resided during your life in Centre County ?-A. The biggest part of the time.

Q. Have you always been a citizen of this State?-A. Yes, sir.

Q. State whether or not you have paid a State or county tax within two years previous to the 5th of November, 1878.-A. Yes, sir.

Q. State to whom you paid it.-A. To Mrs. Thomas Dunkle, of Walker Township.

Q. What year's tax was it that you paid Dunkle?-A. For 1877.

Q. State whether or not you went to Mr. Dunkle's house to pay the tax.-A. Yes, sir.

Q. Was Mr. Dunkle at home?—A. He was not.

Q. Did Mrs. Dunkle have the duplicate?-A. Yes, sir.

Q. When was it that you went to Mr. Dunkle's house and paid this tax?—A. It was March 12, 1878, I think.

Q. Will you state whether or not you voted at the election held for Marion Township, November 5, 1878-A. I did.

Q. State whom you voted for for Congress?-A. For A. G. Curtin. (Counsel for contestee objects to the testimony because it is not rebuttai.)

Counsel for contestee reserving all legal exceptions and foregoing objections, cross-examines :

Q. What time in the day was it that you voted last fall?—A. I voted in the evening.

Q. Was your vote challenged at that election ?—A. No, sir.

Q. Were you sworn in any way by the election board as to your right to vote at that election ?-A. No, sir.

Q. Did you make and sign any partly written and partly printed affidavit of your qualifications as a voter at that election?-A. No, sir.

197651