Imágenes de páginas
PDF
EPUB

Q. Did you hear this conversation that you have just sworn to ?—A. I did.

Witness.

R. C. CHEESMAN.

G. P. RISHEL.

HENRY STICKLER, being sworn and examined, deposeth as follows: Where and when were you born?—A. I was born here in Bellefonte, Centre County, Pennsylvania. I could not tell exactly, but I think on the 14th of January, 1849.

Q. Where do you now live, and how long have you lived there?—A. I live in Benner Township, Centre County, and have lived there 3 years again to-morrow.

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 did.

Q. Did you vote at the election held for Benner Township on the 5th of November last; and, if so, for whom did you vote for Congress?—A. I did vote at that election. I voted for A. G. Curtin for Congress.

Cross-examined by D. H. HASTINGS:

(Counsel for contestee objects to the testimony of this witness be cause 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. When and to whom did you pay your State and county tax for 1878-A. I haven't paid them yet.

Redirect examination by HoY:

Q. When did you pay your county and State tax for 1877 ?—A. I paid a part on January 23, 1878, and the balance on May 18, 1878.

Recross-examined:

Q. Whom did you pay this tax of 1877 to ?—A. I paid it to H. Y. Stizer.

Q. Who was the State and county tax collector in Benner Township for 1877-A. Uriah Stover.

Reredirect examination by Hoy:

Q. Did you pay the tax to Stizer for Stover?-A. Yes, sir; he said if I paid in there it would save him coming after me. Stover told me this.

Witness:

HENRY STICKLER.

R. C. CHEESMAN.

Adjourned till 8 o'clock to-morrow morning, Tuesday, April 1, 1879.

Convened at 8 o'clock Tuesday morning, April, 1879.

Present, J. F. Riddle and Adam Hoy, esq's, attorneys for contestant, and D, H. Hastings, attorney for contestee,

I, J. Irwin Hagerman, having been sworn as amanuensis by R. C. Chees man, a notary public, to take down the evidence in the aforementioned case of Curtin vs. Yocum, do solemnly swear that the testimony of the foregoing witnesses has been taken down by me exactly as given by the witnesses, word for word, and that the signatures attached to the

testimony of each was signed by the witnesses in the presence of the notary, acting as commissioner, April 1, A. D. 1879.

J. IRWIN HAGERMAN.

Sworn and subscribed to before me this 1st day of April, 1879.
[SEAL.]
R. C. CHEESMAN,

Notary Public.

I, R. C. Cheesman, a notary public in and for the county of Centre and State of Pennsylvania, having examined the foregoing testimony as taken down by J. Irwin Hagerman, my amanuensis, and signed by the witnesses in my presence, do certify in my official character as notary, public, that the said testimony is correct as given word for word by the witnesses themselves, and that the signatures appended thereto were signed by the witnesses themselves in my presence April 1st, 1879. Witness my hand and notarial seal this 1st day of April, Á. D. 1879. [SEAL.] R. C. CHEESMAN,

Notary Public.

In the matter of the Congressional contest twentieth Congressional district of Pennsylvania, Hon. A. G. Curtin vs. Hon. S. H. Yocum. Notice of the examination of James Henderson and others before R. C. Cheesman, notary public, at the court-house in the county of Bellefonte, on the 31st day of March, and on the 1st, 2d, 3d, 4th, 5th, 7th, and 8th days of April, A. D. 1879.

To the Hon. A. G. Curtin, or his counsel, appearing before the abovenamed notary public, and to R. C. Cheesman, notary public: Take notice that we do hereby select and name O. S. Houtz, a notary public residing within the said twentieth Congressional district of Pennsylvania, to officiate in the taking of testimony with said Cheesman, and that we will require the testimony so taken to be certified by both of said notaries public, said Houtz being in attendance and ready to

act.

BELLEFONTE, PA., April 1, 1879.

D. H. HASTINGS, JNO. G. LOVE, Attorneys for Hon. S. H. Yocum.

HENRY ARMAGOST, being sworn and examined, deposeth as follows: Question. Where and when were you born? Answer. I was born in Centre County, Pennsylvania, on the 16th of October, 1838.

Q. Where do you now live, and how long have you lived there?-A. I live in Benner Township, Centre County, Pennsylvania; I have lived there ever since I was born.

Q. Did you pay a county or State tax within two years and one month before the election held November last, which had been assessed at least two months prior thereto ?-A. I paid my last tax before the election; I cannot tell how long; it was the first week in October; I don't know the day.

Q. Did you pay a county or State tax to Uriah Stover ?—A. I did. Q. When did you pay that tax to Uriah Stover ?—A. I paid it last fall a year; I don't know the month or day.

Q. For what year was Uriah Stover collector of county and State taxes?-A. For the year 1877.

Q. Did you vote at the election held for Benner Township on the 5th

of November last; and, if so, for whom did you vote for Congress?-A. I did vote, and voted for A. G. Curtin for Congress.

(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 to contestee for taking his testimony, and, reserving these objections, proceeds to cross-examine.)

Cross-examined by HASTINGS:

Q. Can you give the exact date when you paid your State or county tax to Thomas Purdue ?-A. No, sir.

Q. Can you give the exact date when you paid your State and county tax to Uriah Stover, collector?—A. No, sir, I can't.

Q. How do you know that you voted for A. G. Curtin for Congress? --A. His name was on the ticket, and I voted the ticket.

Redirect examination by RIDDLE, Esq.:

Q. When did you pay your State and county tax to Uriah Stover ?A. Last fall a year; I cannot tell the month or day.

Witness:

R. C. CHEESEMAN.

HENRY ARMAGOST.

FREDERICK CARVER, being sworn and examined, deposeth as fol

lows:

Question. State when and where you were born.-Answer. I was born in Penn's Valley, Centre County, Pennsylvania. I could not say

when.

Q. How old are you now?-A. I am 25 years old.

Q. Where did you reside one year before the election of November 5, 1878-A. In Benner Township, Centre County.

Q. Did you pay a State or county tax within two years preceding November 5, 1878 ?-A. Yes, sir.

Q. When and where was that tax assessed?-A In Benner Township; it was the tax for Uriah Stover.

Q. To whom did you pay it?—A. To Uriah Stover.

Q. What taxes did he collect?-A. State and county.

Q. State for what year.- A. I can't remember.

Q. When did you pay them?-A. I could not say in what year; it was a good while before the election.

Q. Before what election ?—A. The big election.

Q. Was it the election held November 5, 1878 ?

(Counsel for contestee objects to the question because it is too leading.)

A. I paid before the election last fall.

Q. For whom did you vote for Congress at the election held November 5, 1878?-A. I could not read at all. I got my ticket from Uriah Stover.

Q. For whom did you want to vote -A. For Andrew 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 served during the time allowed by law to contestee for taking his testimony, and, reserving these objections, proceeds to cross-examine.)

Cross-examined by HASTINGS:

Q. State how many years you have lived in Benner Township ?—A. I have lived in the township ever since I was a boy.

Q. Have you paid any State or county tax at all to Thomas Purdue, collector?-A. Yes, sir.

Q. Can you tell the exact time when you paid it?-A. No; I can't tell the exact time.

Q. Can you tell the exact time when you paid Uriah Stover, collector? -A. No, sir.

Q. Can you read English, either print or writing?-A. No, sir.

Q. Did you read your ticket before you voted on the 5th of November, 1878-A. I did not.

Q. Did anybody read that ticket to you?--A. No, sir; I believe not. Redirect by SPANGLER:

Q. Did you vote the ticket which Uriah Stover gave you ?-A. Yes, sir; I did.

Q. Do you pay your taxes regularly from year to year?

(Counsel for contestee objects to the question because it is too leading.)

A. Yes, sir.

Q. Did you pay the taxes of 1877 to Uriah Stover at least two months before the election, November 5, 1878, at which Curtin and Yocum were candidates?

(Counsel for contestee objects to the question because it is too leading, and is putting the answer in the mouth of the witness.)

A. I cannot say how long it was before the election.

Q. Was it more than a month before that election?

(Counsel for contestee objects to the question because it is too leading.)

A. I cannot say how long it was before that election.

Q. (By RIDDLE.) What is the politics of Uriah Stover ?—A. I suppose Democrat.

Q. What is your politics?-A. A Democrat.

Q. Is Uriah Stover a Curtin man?

(Counsel for contestee objects to this question because the testimony of this witness is not the best testimony to be had on the subject.) A. I suppose he was a Curtin man.

his

FREDERICK + CARVER. mark.

Witnessess:

R. C. CHEESMAN.
O. S. Houtz.

JOHN ARMAGOST, being affirmed and examined, deposeth as follows: Question. State when and where you were born.-Answer. I was born in Beuner Township, Centre County, Pennsylvania, on September 11, 1846.

Q. Where did you reside one year before the election of November 5, 1878-A. In Benner Township.

Q. Did you pay a State or county tax before that election of November 5, 1878 ?—A. Yes, sir.

Q. When and where was that tax assessed?-A. In 1877; in Benner Township.

Q. When did you pay it ?—A. I paid it, I think, about a week before the April court, 1877.

Q. To whom?-A. Uriah Stover.

Q. For whom did you vote for Congres at the election November 5, 1878 ?--A. For Andrew 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, notary public, and served during the time allowed by law to contestee for taking his testimony, and, reserving these objections, proceeds to cross-examine.)

Cross-examined by HASTINGS:

Q. Have you got a receipt for your taxes?-A. No, sir; he never gave me a receipt.

Q. Did you pay the taxes yourself, or did somebody else pay them for you?—A. I paid them myself.

Q. What have you by which to fix the time when you paid those taxes?-A. About the week before the April court, as near as I can tell. Q. How do you fix that time?-A. Well, because I could not pay it any sooner.

Q. From whom did you get your ticket?-A. From Johnny Kurtz, in the Centre County Bank.

Q. Did you read your ticket carefully yourself?-A. Yes, sir.

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

Q. How do you know it was?-A. Well, I can hardly say myself; I should think it was, though.

JOHN A. ARMAGOST.

JACOB D. LUTZ, being sworn and examined, deposeth as follows: Question. State when and where you were born.-Answer. I was born in Benner Township, Centre County, Pennsylvania, in the year 1856. Q. Where did you reside one year before the election held November 5, 1878?—A. In Benner Township.

Q. Did you pay a State or county tax within two years preceding the election of November 5, 1878-A. No, sir. I voted on age; I voted on age in 1877.

Q. When and where was the tax you paid assessed?-A. In Benner Township, for the year 1878.

Q. When did you pay it?-A. On the 3rd of October, 1878.

Q. To whom?--A. To Thomas Purdue.

Q. Did you vote at that election, and for whom did you vote for Congress?--A. Yes, sir; I voted for Andrew 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, notary public, and served during the time allowed to contestee for taking his testimony, and, reserving these objections, proceeds to cross-examine.)

Cross-examined by HASTINGS:

Q. Did you pay the taxes yourself in 1878?—A. Yes, sir.
Q. Did you take a receipt?-A. Yes, sir.

Q. Did you get the receipt the same day you paid the taxes ?-A. Yes, sir.

Q. What's the date of the receipt?--A. The 3d of October, 1878. Q. Is there a person living in Benner Township, or who lived there on the 3d of October last or thereabouts, by the name of John Lutz ?—A. Yes, sir; he is my father.

JACOB D. LUTZ.

« AnteriorContinuar »