Q. Have you paid all the State and county taxes David Harter has against you for the year 1876?—A. No, sir.

Q. Have you paid any portion of the taxes he has against you for 1876?—A. No, sir.

Q. Have you paid any portion of your State and county taxes to David Orr?-A. No, sir.

Q. When did you pay the State and county taxes to David Harter, of which you have spoken?-A. I can't tell that.

Q. Have you paid any other taxes within the last three years than the taxes you have mentioned as having paid to David Harter?A. Yes, sir; I paid two State and county taxes to Perry Condo, and the last one I paid to Perry Condo was last April, in 1878.

Q. For what year was Perry Condo collector of State and county taxes for Marion Township?-A. For the year 1874 and 1875.

Q. Was the State and county tax you paid Perry Condo in April, 1878, your personal tax?-A. It was.

Testimony of James A. Henderson.

J. W. WILSON.

JAMES A. HENDERSON, being affirmed 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 gives the same reason that he has given before, when Robert Corl was on the witness stand.

Counsel for contestee, for an answer to the reference of the counsel for contestant, refers to his answer made to the reply of the counsel for contestant made to the objections to the examination of Robert Corl, and objects to the examination of the witness, because he refuses to state the purpose for which he is called, and because he is not called in rebuttal.)

Q. State your age and residence?-A. I am twenty-five, and my dence Benner Township.

resi

Q. How long have you resided in Benner Township?-A. Eight years.

Q. State where you were born.-A. In Clearfield County, Pennsylva. nia.

Q. State whether you have always resided in the State of Pennsyl vania.-A. Yes, sir; I have.

Q. State whether or not you have paid a State or county tax within two years preceding the 5th of November, 1878.-A. My father paid it. Q. Do you know to whom?-A. Uriah Stover.

Q. Can you tell for what year Uriah Stover was collector of taxes in Benner Township?-A. For 1877.

Q. Can you tell when your father paid your taxes to Uriah Stover?— A. I can't tell the month, but it was in the year 1877.

Q. State whether or not you are working for your father.-A. I am, and have been all my life.

Q. State whether or not you voted at the election held for Benner Township on the 5th of November, 1878.-A. Yes, sir; I did.

Q. Will you state for whom you voted for Congress at that election?— A. I voted for Andrew G. Curtin.

(Counsel for contestee objects to the testimony of the witness, because

it is not rebuttal in any sense whatever; and, reserving the foregoing ob jections to this and all legal exceptions, cross-examines.)

Cross-examined:

Q. Who is your father?-A. Robert Henderson.

Q. What time in the day did you vote at the election last fall?-A. About four o'clock in the afternoon.

Q. Who received your vote at the window?—A. William Searson. Q. Did he call out your name to the election board when you voted ?— A. Yes, sir; he did.

Q. Did he number your ballot when he took it?-A. Yes, sir.

Q. Were you present when your father paid your tax to Uriah Stover?-A. No, sir; I was not.

Q. How, then, do you know that he paid your taxes to Uriah Stover?A. He paid all my taxes since I became a voter.

Q. Then all you know about his having paid your tax to Uriah Stover is the fact that he has been in the habit of paying your taxes since you were a voter ?-A. Yes, sir.

Q. Where does your father live?-A. In Benner Township.

J. A. HENDERSON.

Testimony of Robert Henderson.

ROBERT HENDERSON, being affirmed and examined, deposeth as follows:

(Counsel for contestee requests counsel for contestant to state the purpose for which this witness is called.

Counsel for contestant calls this witness to prove the payment of the taxes of James A. Henderson.)

Question. State your age and residence.-Answer. I am about fiftysix years old, and I reside in Benner Township, and have resided there eight years this spring.

Q. Are you the father of James A. Henderson ?-A. Yes, sir; I am. Q. State when and to whom you paid a State and county tax for him.-A. To Uriah Stover; some time in 1878; did not take any receipt. Q. Can you tell whether it was paid one month or more before the 5th of November, 1878?—A. Yes, sir; it was paid more than a month before that date.

Q. What year was Stover collector for?-A. For 1877.

Q. Your son lives with and works for you?-A. Yes, sir; he never was away from home.

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

ROBERT HENDERSON.

Testimony of Robert M. Henderson.

ROBERT M. HENDERSON, being affirmed and examined, deposeth as follows:

(Counsel for contestee requests counsel for contestant to state the purpose for which the witness is called.

Counsel for contestant replies that the witness is called to prove his qualifications as a voter in Benner Township on the 5th of November, 1878.

Counsel for contestee objects to the examination of the witness because it is not rebuttal.)

Question. State your age and residence.-Answer. I am twenty-three, and my residence is Benner Township.

Q. How long have you resided in Benner Township?-A. Eight years. Q. Where were you born?-A. In Clearfield County.

Q. Have you always been a resident of the State of Pennsylvania?A. Yes, sir.

Q. State whether or not you have paid a State and county tax within two years from the 5th of November, 1878.-A. Yes, sir; I have. Q. State when you paid it.-A. In August, 1877.

Q. State to whom you paid it.—A. To Uriah Stover.

Q. Was he collector for the year 1877?—A. Yes, sir; he was. Q. State whether or not you voted at the election held for Benner Township on the 5th of November, 1878.-A. Yes, sir; I did.

Q. Will you state for whom you voted for Congress?-A. For A. G. Curtin.

Counsel for contestee, reserving the foregoing objections to the testimony of this witness, cross-examines :

Q. When were you twenty-three years of age?-A. On the 21 day of November, 1878.

Q. What is your father's name?—A. James Henderson.

Q. Did you take any receipt from Uriah Stover at the time you paid him your tax?-A. Yes, sir; I did.

Q. Did you pay him the tax yourself?-A. Yes, sir.

Q. What time was it you said you paid Uriah Stover?-A. In August, 1877.

Q. Is this the receipt you got from him at that time?-A. Yes, sir. Q. Please state what the date of the receipt is that you got from Uriah Stover for the payment of your tax.-A. October 3, 1877.

Q. Then you were mistaken in the month ?—A. Yes, sir; I was. Q What time in the day was it that you voted at the election last fal?-A. It was half past three.

Q. Who received your ticket at the window?-A. William Searson. Q. Did he call out your name when you handed in your vote?—A. Yes, sir.

Q. Did he number your ballot?-A. Yes, sir.

Q. Did you read your ticket before you voted ?-A. Yes, sir.
R. M. HENDERSON.

Testimony of James S. McCalmont.

JAMES S. MCCALMONT, being sworn and examined, deposeth as follows:

(Counsel for contestee requests counsel for contestant to state what they propose 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, because counsel for contestant refuses to state what he proposes to prove by the witness and the purpose for which he is called; second, because he is not called in rebuttal, and the notice given contestee of the time and place of taking his testimony is not such as required by the act of Congress.)

Question. State where you voted in the fall of 1878.-Answer. I voted at Jacksonville, Marion Township, Centre County.

Q. Did you pay a State or county tax in 1878 to William Irvin, collector of State and county taxes for Marion Township for the year 1878-A. I did not pay any to William Irvin for 1878.

Q. Did you pay any State and county taxes in 1877 to Collector David Orr, for Marion Township?-A. No, sir.

Q. Did you yourself pay State and county taxes to David Hunter, in the year 1876, for the year 1876 ?—A. I did not, but my brother did.

Q. When did you pay those taxes to David Hunter in the year 1876 ? — A. I can't recollect when the first part was paid, but the last was paid the 10th of August, 1876.

Q. Are you sure that the taxes were paid in 1876 ?—A. As far as I know, they are all paid.

Q. Who paid them?-A. Sometimes I would pay them, and sometimes Robert; Robert paid them in 1876.

Q. Did Robert pay the State or county taxes for 1876 before the Presidential election of that year?-A. That is more than I can tell.

Q. How do you fix the time of payment to be about the 10th of August, 1876-A. My brother was in town that day; and on his way home he left the taxes with his wife-that is, with Hunter's wife.

Q. Do you know whether your own taxes were paid to David Hunter for 1876-A. Yes, sir; we were in the habit of paying our individual taxes with the other taxes.

Q. How long have you lived in Marion Township?-A. I was born there, and lived there continuously for the last fifteen years.

Q. In whose name was the farm of your father assessed after his death?—A. To the McCalmont heirs.

Q. Have the McCalmont heirs paid the State and county taxes for the years 1878 and 1877?-A. We have not paid any of those taxes yet. Q. Have you paid a State or county tax yourself for the year 1878 and 1877?-A. No, sir; I have not.

Q. Did you pay any collector of State and county taxes in the year 1878, in the year 1877 ?—A. No; I did not.

Q. Did you vote for Congress at the election November 5, 1878?—A. I did.

Q. For whom did you vote for Congress?

(Counsel for contestee objects to the question, because it is irrelevant and not rebuttal; and 2d, because it is a privileged one, and one which the witness need not answer, unless he sees proper to do so.

Counsel for contestant replies by saying that the vote of the witness having been shown to be an illegal one he is bound to answer for whom he voted, and if he refuses he is subject to a prosecution in the United States.

Counsel for contestee replies that the statement of the counsel is mere buncombe-assumes a conclusion of law as to the illegality of the vote of the witness which is not established by proof.)

A. I voted for Seth H. Yocum.

(Counsel for contestee objects to the testimony of the witness: 1st, because it is not rebuttal; 2d, because it is irrelevant, the notice of contest containing no allegations whatever that there were any illegal votes polled in Marion Township, and because it is an attempt to establish, by taking testimony on rebuttal, illegal votes, which should have been taken while taking testimony in chief.)

Reserving the foregoing objections to the witness cross examines :
Adjourned until 7 o'clock p. m.

Reconvened at 7 o'clock p. m., and the cross-examination of JAMES S. MCCALMONT resumed by Mr. Love.

Question. Where were you born?-Answer. In Marion Township, Pennsylvania.

Q. What is your age?-A. About forty-two.

Q. How long have you lived in Marion Township?-A. I lived in Marion Township all my life, except four years that I lived in Walker Township adjoining.

Q. How long have you been a voter in Marion Township?-A. All the time with the exception of those four years.

Q. About how many years have you been a voter in Marion Township since you returned from Walker Township to Marion Township?A. It must be thirteen or fourteen years.

Q. Have you paid a State or county tax within two years, and one month before the election last fall?-A. This tax I was speaking of last summer was paid the 10th of August last summer.

Q. You stated in your examination in chief that your brother Robert paid State and county tax to David Hunter for the year 1876, on about the 10th of August, 1876, when he had been in town, and left it with Hunter's wife on his return home. Was it in August, 1876, or in August, 1878, that he paid that tax?-A. It was in August, 1878.

Q. Have you paid any State and county taxes to Perry Condo, collector of State and county taxes for Marion Township, within two years? -A. I have. I paid to him in 1877.

Q. Have you paid your State and county taxes regularly during the time you have been living in Marion Township up until the taxes for the years 1877 and 1878-A. Yes, sir; I have.

Q. What was your father's name?-A. James A. McCalmont.
Q. Where did he live?-A. He lived in Marion Township.

Q. How long did he live in Marion Township?-A. All his lifetime. Q. Was he the owner of real estate in Marion Township?-A. Yes, sir; the owner of a farm.

Q. How long has your father been dead?—A. About four years next August.

Q. You stated that since your father's death the farm was assessed in the name of McCalmont beirs; are you one of the heirs?—A. Yes, sir. Q. When the taxes are paid on the farm are they paid for all the heirs at the same time?-A. Yes; they are.

Re-examined by Mr. SPANGLER:

Q. Give your full name.-A. James Sterrit McCalmont.

Q. Give your brother's full name.-A. John Stewart McCalmont. Q. Where does your brother, John Stewart McCalmont, reside?—A. In Marion Township.

Q. What is his age?-A. About sixty years.

Q. How are you assessed on the duplicate of David Hunter? (Counsel for contestee objects to the question, because it is asking the witness for the contents of a written duplicate, the duplicate itself being the best evidence of what it contains; second, there is no evidence that the witness has examined the duplicate, and is not supposed to know.)

A. I don't know.

Q. Do you know whether your personal tax on the duplicate of David Hunter was ever paid?-A. The understanding that I had was that it was put in with the other tax.

Q. Do you know now whether your personal tax was included in the