Answer. I live in Benner Township, Centre County, Pennsylvania. I have lived there since June 19, 1861.

Q. Did you pay a State or county tax within two years and one month before the last November election, which had been assessed at least two months before the election ?—A. I did.

Q. Did you vote for Congress at the election held for Benner Township at the election held on the 5th of November last?-A. I did. Q. For whom did you vote for Congress at that election?-A. I voted for Andrew G. Curtin.

Cross-examined by D. H. HASTINGS, Esq.:

(Counsel for contestee objects to the testimony of this witness, because it is not rebuttal in any sense, and, reserving such objections, proceeds to cross-examine.)

Q. Are you acquainted with any person in Benner Township whose name is P. G. B. Smith ?—A. No; there is none by that name.

Q. To whom did you pay your State and county taxes for 1878?—A. To Thomas Purdue.

Q. When?-A. I think it was in August of 1878; my wife paid it. Q. Were you required by the election board before you voted on November 5, 1878, to swear and subscribe to any affidavit, setting forth your residence and other qualifications as a voter ?-A. No, sir. PHILIP T. B. SMITH.

Witness:

R. C. CHEESMAN.

GEORGE M. TAYLOR, being sworn and examined, deposeth as follows: Q. Where were you born ?—A. In Benner Township, Centre County, Pennsylvania.

Q. Where do you live now and how long have you lived there?—A. I have lived in Benner Township ever since I was born.

Q. How old are you?—A. I am 33 years old.

Q. Did you pay a county or State tax within two years, and one month before the last November election, which had been assessed at least two months prior thereto ?-A. Yes, sir; I did.

Q. When did you pay a county and State tax and to whom?—A. I cannot recollect what date, but I paid it to Uriah Stover, collector, in Bellefonte, inside of two years.

Q. What year was the tax for which you paid Stover?-A. For the year 1877.

Q. Did you pay the tax in 1878; and, if so, what time in that year ?— A. Yes, sir; I paid it on election day. 1878 tax I paid on election day; and the 1877 tax I paid to Uriah Stover, but I can't recollect what day, but it was a month or more before the election in 1878.

Q. Did you vote for Congress held for Benuer Township on the 5th of November last ?—A. Yes, sir; I did.

Q. For whom did you vote for Congress at that election?-A. For Audrew G. Curtin.

Cross-examined by D. H. HASTINGS, Esq.:

(Counsel for contestee objects to the testimony of this witness, because it is not rebuttal in any sense, and because notice of his examination was given to be taken before E. M. Blanchard, notary public, and during the time allowed by law to contestee for taking his testimony; and, reserving these objections, proceeds to cross-examine.)

Q. Tell the name of the collector to whom you paid tax on election day on November last ?--A. To Thomas Purdue.

Q. Do I understand you to say that you do not know exactly when you paid the tax assessed against you in 1877?—A. I can't tell the date exactly when it was.

Q. Was your name on the registry list for Beuner Township for the year 1878-A. Yes, sir.

Q. Please state how you know this fact?-A. I had no trouble in getting a vote. My vote was not challenged in any way. I was one year that I was not registered, and I had to make out papers to get a vote. Q. Did you have to make out papers to get your vote on November 5, 1878-A. No, sir.

Q. Do you know a person in your township named George Taylor without the "M"?—A. No, sir; I do not.

Q. Do you know whether such person as George Taylor voted at that election in your township?-A. I do not know of anybody of that name.

Redirect by Hoy, Esq.:

Q. Do you know any person residing in Benner Township by the name of George Taylor or George M. Taylor other than yourself?-A. No, sir; I don't.

Q. What do your neighbors generally call you, George Taylor or George M. Taylor?-A. They call me George Taylor.

Recross-examined by D. H. HASTINGS, Esq.:

Q. At the time you voted what name did you give in to the election board-A. George M. Taylor.

Witness:

G. M. TAYLOR.

R. C. CHEESMAN.

HENRY NOLL, being sworn and examined, deposeth as follows: Question. Where and when were you born?-Answer. I was born in Labanon County, Pennsylvania, in April 30, 1805.

Q. Where do you live and how long have you lived there?-A. I live in Benner Township since it was cut off from Spring Township.

Q. Did you pay a county or State tax within two years, and one month before the last November election, which had been assessed at least two months prior thereto ?-A. I paid my tax 1877, '78, and '79 at the election day here at the election last fall.

Q. At what election in 1877 did you pay your tax ?-A. At the fall election of 1877.

Q. Did you vote for Congress on the 5th of November last at the elec tion held in and for Benner Township?—A. Yes, sir.

Q. For whom did you vote for Congress at that election?-A. For Andy Gregg Curtin.

Cross-examined by D. H. HASTINGS, Esq.:

(Counsel for the contestee objects to the testimony of this witness, because it is not rebuttal in any sense, and because notice of his examination was given to be taken before E. M. Blanchard, N. P., and during the time allowed by law to contestee for taking his testimony; and, reserving these objections, proceeds to cross-examine.)

Q. To whom did you pay your State or county tax in the fall of 1877 ? -A. To Uriah Stover, collector for Beuner Township.

Q. Can you read English-A. Yes, I can read a little; but I can make out to read printing.

Q. Did you read your ticket before you voted on the 5th of November ast-A. Yes, sir.

Q. Are you sure you read the name of Andrew Gregg Curtin on your ticket?-A. Yes, sir.

Witness:

HENRY NOLL.

R. C. CHEESMAN.

GEORGE STRAUB, being sworn and examined, deposeth as follows: Question. Where and when were you born?-Answer. In what is now Snyder County, Pennsylvania; three weeks before Christmas, in 1800. Q. Where do you live now, and how long have you lived there -A. In Benner Township, Centre County, Pennsylvania, and have lived there some thirty years.

Q. Did you pay a county or State tax within two years, and one month before the last November election, which had been assessed at least two months prior thereto ?-A. Yes, sir.

Q. Did you vote for Congress at the last November election held for Benner Township?-A. Yes, sir.

Q. For whom did you vote for Congress at that election ?—A. For A. G. Curtin, and for the whole Democratic ticket.

Cross-examined by Col. D. H. HASTINGS, Esq.:

(Counsel for contestee objects to the testimony of this witness, because it is not rebuttal in any sense, and because notice of his examination was given to be taken before E. M. Blanchard, N. P., and served during the time allowed by law to contestee for taking his testimony; and, reserving these objections, proceeds to cross-examine.)

Q. To whom did you pay your taxes of 1878 ?-A. I don't know; I have forgotten it.

Q. What time in the year 1878 did you pay your State and county taxes?-A. I cannot say.

Q. To whom did you pay your taxes for 1877 ?—A. I caunot say. I don't know who the collector was; but I paid it every year.

Q. What time in the year 1877 did you pay your taxes?-A. I could not say.

Q. Can you read English ?-A. When it is print I can read a little. Q. Did you read your ticket before you voted on the 5th of November last-A. Of course.

Q. Do you remember any other name on your ticket beside that of A. G. Curtin -A. No.

Witness:

R. C. CHEESMAN.

GEORGE STRAUB.

ISAAC MULLBARGER, being sworn and examined, deposeth as follows: Question. Where and when were you born?-Answer. I was born in Schuylkill County, Pennsylvania. I can't tell you the year, but I am almost seventy-three years old.

Q. Where do you live now, and how long have you lived there ?—A. I live in Benner Township, and have lived there eight years.

Q. Did you pay a county or State tax within two years, and one month before the election held in November last, which had been assessed at least two months prior thereto ?—A. I paid tax two years ago, and I paid tax this last winter. I paid tax to Uriah Stover in the spring of 1878, as county and State tax.

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

Q. For whom did you vote for Congress at the election held that year?-A. For A. G. Curtin.

(Counsel for contestee objects to the testimony of this witness because it is not rebuttal in any sense, and because notice of his examination was given to be taken before E. M. Blanchard, N. P., and during the time allowed by law to contestee for taking his testimony.)

his

ISAAC + MULLBARGER. mark.

Witnesses:

R. C. CHEESMAN,

J. IRWIN HAGERMAN.

DANIEL FRAZIER, being sworn and examined, deposeth as follows: Question. Where and when were you born?-Answer. I was born in Miles Township, Centre County, Pennsylvania, about fifty-two years

ago.

Q. Where do you live now, and how long have you lived there?--A. In Benner Township, and have lived there for three years.

Q. Did you pay a county or State tax within two years, and one month before the last November election, which had been assessed at least two months prior thereto ?-A. Yes, sir.

Q. Did you vote for Congress at the election held on the 5th of November last, for Benner Township?-A. Yes, sir.

Q. For whom did you vote for Congress at that election?-A. For A. G. Curtin.

Cross-examined by D. H. HASTINGS, esq.:

(Counsel for contestee objects to testimony of this witness, because it is not rebuttal in any sense, and because notice of his examination was given to be taken before E. M. Blanchard, N. P., and served during the time allowed by law to contestee for taking his testimony; and, reserving these objections, proceeds to cross-examine.)

Q. Did you pay a State or county tax for the year 1878 ?-A. Yes, sir. Q. To whom did you pay it?-A. I can't just think about that any more, but I know that I have paid up my tax every year since I farmed. Q. When did you pay your tax for 1878?—A. I don't just know that

either.

Q. Do you know who you paid your State and county tax for 1877 to -A. I do not remember his name.

Q. Did you take a receipt?—A. No, sir; I never take a receipt. Q. Did you read your ticket before you voted on November 5, 1878 ?— A. No; I can't read. I got a particular man to give me my ticket.

Q. Then you don't know of your own knowledge who you voted for at that election, do you ?—A. Not just of my own knowledge, but I do know I voted for Curtin.

Q. You do not know who you voted for only from what somebody told you, do you?—A. The man I got my ticket from read it over for me.

Redirect, by Hoy, Esq.:

Q. From whom did you get your ticket?-A. From John Hoffer.

his DANIEL + FRAZIER. mark.

Witness:

R. C. CHEESMAN.

AMOS GARBRICK, being sworn and examined, deposeth as follows: Question. Where and when were you born?-Answer. I was born in Marion Township, Centre County, Pennsylvania, on the 14th day of February, 1837.

Q. Where do you live now, and how long have you lived there ?—A. I live in Benner Township, Centre County, and have lived in it ever since it was a township by the name of Benner, about thirty years. I have been out of the township four or five years; came back in 1866, and lived there ever since.

Q. Did you pay a county and month before the last November least two months prior thereto ?

State tax within two years, and one election, which had been assessed at A. Yes, sir.

Q. Did you vote for Congress at the election held for Benner Township on the 5th of November last ?-A. Yes, sir.

Q. For whom did you vote for Congress at that election?-A. For A. G. Curtin.

Cross-examined by HASTINGS:

(Counsel for contestee objects to the testimony of this witness because it is not rebuttal in any sense, and because notice of his examination was given to be taken before E. M. Blanchard, notary public, and served during the time allowed by law for contestee for taking his testimony; and, reserving these objections, proceeds to cross-examine.)

Q. When and to whom did you pay your State and county tax for the year 1878?--A. I cannot give the date. I paid it to Thomas Purdue in last January.

Q. When and to whom did you pay your taxes for 1877 ?—A. To Uriah Stover in 1878 some time, I think.

Q. Did you take a receipt?-A. No, sir.

Q. Do you remember the amount of those taxes?-A. I don't.

Q. Do you know the fact that your taxes are not marked paid on the duplicate of Uriah Stover ?-A. I don't.

Q. Did you pay him in money?-A. He owed me for 1876, and then when he paid me my taxes were deducted off.

Redirect by HOY:

Q. You state when he paid you your taxes were deducted off. What do you mean when you say he paid me?-A. What I mean I had the duplicate of State and county for 1876 to collect, and the taxes that I had against him were more than he had against me.

Adjourned till 13 o'clock p. m.

AMOS GARBRICK.

Convened at 14 o'clock p. m. Present, Adam Hoy, esq., J. F. Riddles, and W. F. Reber, attorneys for contestant, and D. H. Hastings, attorney for contestee.

JOHN RISHEL, being sworn and examined, deposeth as follows: Question. When and where were you born?-Answer. In Centre County, Pennsylvania, in 1831, on the 17th of March.

Q. Where do you live now, and how long have you lived there?—A. I live in Benner Township, and have lived there since 1854.

Q. Did you pay a county and State tax within two years, and one month before the election held on the 5th of November last, which had been assessed at least two months prior thereto ?-A. Yes, sir; I have. Q. Did you vote at the election held in Benner Township on the 5th of November last, and, if so, for whom did you vote for Congress?-A. I did vote. I voted for Andrew G. Curtin for Congress.