Q. When and to whom did you pay that tax?-A. I paid in September, to Thomas Purdue, 1878. Q. Have you got the receipt, Mr. Marshall?-A. No, sir; I have no receipt. Q. Was your name on the registry-list for Benner Township for the year 1878 ?—A. Yes, sir. Q. How do you know it was?-A. I seen it put there. Q. By whom?-A. I forget who it was. Q. Where?—A. In Bellefonte, here, I think, if I don't mistake. THOMAS MARSHALL. JAMES HAMILTON, being affirmed and examined, deposeth as follows: Question. Where were you born?-Answer. I was born in Centre County, Pennsylvania. Q. When were you born?—A. I was born 4th of April, 1804. Q. Where do you now live?—A. I live in Benner Township, Centre County, Pennsylvania. Q. How long have you lived there?-A. Well, I have lived there since 1810. Q. Did you pay a State or county tax within two years and one month previous to the election held on 5th of November last?—A. Well, I have paid within two years, but I can't recollect just the time. Q. Who was your tax-collector in 1878-A. Well, I believe Thomas Purdue was the tax collector. Q. Have you paid a State or county tax to him?-A. No, I have not; he has never called on me. Q. Who was your tax collector in 1877 ?-A. Uriah Stover. Q. Have you paid a State or county tax to him?-A. Yes; I have. Q. When did you pay that tax to Mr. Stover ?-A. Indeed I could not tell positively what time. Q. Did you pay it in 1877?-A. Yes. Q. About what time in 1877-A. Indeed I could hardly tell you; it was a good spell after he was appointed. He called on me and I paid him and took his receipt. Q. Was it in the spring, summer, fall, or winter of 1877 ?—A. It is a question I could not answer what time it was; my memory is not as strong as it used to be, unless I press something on it. Q. What time are the tax-collectors appointed? (Counsel for contestee objects to the question because it is immaterial to this issue.) A. That's a question I could not answer. They are appointed and the duplicates are made out in May, generally, I think. Q. Was it subsequent or was it after May, 1877, that you paid the tax to Uriah Stover?-A. I am under the impression, as near as I can, as in the fall or winter of 1877. Q. Was this tax paid to Uriah Stover assessed two months before the election held in November last ?-A. Yes. Q. Did you vote at an election held on the 5th of November last for Benner Township?--A. Yes, sir. Q. For whom did you vote for Congress?-A. I voted 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 served during the time allowed by law to contestee for taking his testimony, and to be taken before another notary public at another place at this same time; and reserving these objections, proceeds to crossexamine.) Cross-examined by HASTINGS: Q. You have not paid any State or county tax for the year 1878, have you?-A. No, sir. Q. You cannot state positively the exact time that you paid any State or county tax before 1878, can you?-A. No; I cannot. Q. Are you sure you voted for A. G. Curtin for Congress?-A. That's my impression of mind. Q. Do you remember the names of any other persons that you voted for at that election?-A. Yes; I voted for the other Mr. Curtin for sheriff. Q. Did you examine your ticket carefully before you voted?-A. Yes; I crossed the one that was for sheriff and put Mr. Curtin's name under. Redirect: Q. Are you a property owner?-A. Yes. Q. What property do you own?-A. I own about 350 acres of land. JAMES HAMILTON. GEORGE MARKELL, being sworn and examined, deposeth as follows: Question. Where were you born?-Answer. In Harris Township, Centre County, Pennsylvania. Q. When were you born?-A. In 1841, September 21. Q. Where do you now live ?—A. In Benner Township, Centre County, Pennsylvania. Q. How long have you lived there?--A. Six years this spring. Q. Did you pay a State or county tax within two years, and one month previous to the election held in November last ?-A. Yes, sir. Q. Was that tax assessed two months before the holding of said election-A. Yes, sir. Q. Did you vote at an election held for Benner Township on the 5th of November last ?-A. Yes, sir. Q. For whom did you vote for Congress ?-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 served during the time allowed by law for taking his testimony, and to be taken before another notary public at another place at this same time; reserving these objections, proceeds to cross-examine.) Cross-examined by HASTINGS, Esq.: Q. To whom did you pay a State or county tax assessed for the year 1878-A. To Thomas Purdue. Q. When did you pay Thomas Purdue that tax ?—A. It was along the latter part of September, 1878. Q. From whom did you get your ticket on the day of the election ?— A. From Ben Hunter. Q. Was your name on the registry-list of Benner Township for the year 1878 ?-A. I suppose it was. GEORGE MARKEL. W. T. BAILEY, being sworn and examined, deposeth as follows: Question. Where were you born?-Answer. I was born at Powalton, Pennsylvania. Q. When were you born?-A. In 1847, January 17. Q. Where do you now live ?-A. In Benner Township, Centre County, Pennsylvania. Q. How long have you lived there?—A. One year. Q. Have you resided in Pennsylvania one year prior to the fifth day of November last? (Counsel for contestee objects to the question because it is too leading; the form of the question should be "How long had you resided in Pennsylvania before November 5, 1878.) ?" A. Yes, sir; I had. Q. Did you pay a State or county tax within two years, and one month previous to the election held on the 5th of November last ?—A. Yes, sir; I did. Q. Had this tax been assessed at least two months before the holding of said election ?-A. I suppose it had been. Q. Did you pay a State or county tax to Henry Swab for 1877 ?—A. Yes, sir; I did. Q. State from when you paid that tax.-A. October 5, 1877. Q. Did you vote at an election held for Benner Township on the 5th of November, 1878?-A. Yes, sir. Q. For whom did you vote for Congress ?-A. For A. G. Curtin. (Counsel for contestee objects to the testimony of the witness because it is not rebuttal in any sense and because notice of his examination was served during the time allowed by law to contestee for taking his testimony, and to be taken before another notary public at another place at this same time; and reserving these objections, proceeds to cross-examine.) Cross-examined by HASTINGS: Q. Where did you live before April 2, 1878?-A. In Potter Township, Centre County. Q. How long had you lived in Potter Township?-A. One year. Q. When did you move your family to Benner Township?—A. The second day of April, 1878. Q. You have paid no taxes in Benner Township since you have lived there, have you?-A. Yes, sir; I have. Q. When did you pay them?-A. I can't tell you the date; it was the first time Mr. Purdue was around. Q. Was it before or after the first of January last, 1877 ?—A. The last part of September last, I think it was. Q. Was your name on the registry-list of Benner Township for the year 1878-A. I suppose it was. Q. Are you positive about it?-A. They were not likely to let me vote if it had not been. Q. Do you know whether you were registered or not?-A. I suppose I was registered. Q. Not what you suppose; do you know the fact?-A. It is hard for me to answer that question when I am on my oath. Q. State the fact if you know it. (Counsel for contestee desires it to appear on record that counsel for contestant has instructed the witness on the stand not to answer the last question.) A. I was registered. R. C. CHEESMAN. W. T. BAILEY. WILLIAM N. CORL, being sworn and examined, deposeth as follows: Question. Where were you born?-Answer. At the State College, Centre County, Pennsylvania. Q. When were you born?-A. In 1854, on the 18th of September. Q. Where do you now live?--A. At Pleasant Gap, Benner Township, Centre County, Pennsylvania. Q. How long have you lived there?-A. Five years. Q. Did you pay a State or county tax within two years, and one month previous to the election held in November last ?-A. Yes, sir. Q. Was that tax assessed two months before the holding of that election?-A. Yes, sir. Q. Did you vote at an election held for Benner Township on the 5th of November last ?-A. Yes, sir. Q. For whom did you vote for Congress ?-A. For Mr. A. G. Curtin. (Counsel for contestee objects to the testimony of the witness, because it is not rebuttal in any sense and because notice of his examination was served during the time allowed by law to contestee for taking his testimony, and to be taken before another notary public at another place at this same time; and reserving these objections, proceeds to cross-ex amine.) Cross-examined by HASTINGS: Q. To whom did you pay your State and county tax for the year 1878-A. To Thomas Purdue. Q. When did you pay your State and county tax to Thomas Purdue, collector--A. 18th of February, 1879. Q. Pleasant Gap is in Spring Township, is it not?-A. Yes, sir. Redirect by RIDDLE: Q. You stated in your examination in-chief that you lived in Pleasant Gap, Benner Township, did you not?-A. Yes, sir. Q. Well, please explain.-A. The line is near Pleasant Gap, and we live near the line between Spring and Benuer Townships. Q. You live in Benner Township, do you not?-A. Yes, sir; with my father. Recross-examination: Q. Do you know where the line between Spring and Benner Townships is, near Pleasant Gap?-A. I suppose I do, or I would not have said anything about it. sir. Q. Not what you suppose-do you know where the line is ?-A. Yes, Q. How far do you live from that line?-A. About forty rods, I suppose. Q. Who pointed out this line to you?-A. The supervisor. W. N. CORL. JAMES MCLENAHEN, being sworn and examined, deposeth as follows: Question. Where were you born?--Answer. I was born in Mifflin County, Pennsylvania. Q. When were you born?--A. I don't know just exactly. Q. How old ard you?--A. Thirty-four. Q. Then you were born about the year 1845, were you not?—A. I don't suppose you can count from my age now. Q. Where do you now live?-A. In Benuer Township, Centre County, Pennsylvania. Q. How long have you lived there?-A. One year last fall. Q. What month in 1877 did you move to Benner Township?—A. It was about corn-husking time. Q. Did you pay a county or State tax within two years and one month previous to the election held in November last? A. Yes, sir. Q. Was that tax assessed two months before the holding of said election-A. Yes, sir. Q. Did you vote at an election held for Benner Township on the 5th of November last?-A. I did. Q. For whom did you vote for Congress ?--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 served during the time allowed by law for contestee for taking his testimony, and to be taken before another notary public at another place at this same time; and reserving these objections, proceeds to crossexamine.) Cross-examined by HASTINGS: Q. You have not paid any taxes in Benner Township since you have moved there, have you ?--A. Not yet. I have not. Q. State the time, as near as you possibly can, when you got your tax receipt from the collector of Potter Township.-A. It was-I don't mind exactly, but I suppose it was a month after I paid him. Redirect examination by RIDDLE: Q. When did you pay your tax to Henry Swab in 1877; what day and month? A. It was commencing of seeding. Q. Was it on about the first of September, 1877?-A. It was, I think. JAMES MCLENAHEN. R. C. CHEESMAN. PHILIP BENNER, being sworn and examined, deposeth as follows: Question. Where were you born?-Answer. In Benner Township, Centre County, Pennsylvania. Q. When were you born?-A. I was born May 4, 1844. Q. Where do you now live?-A. In Benner Township, Centre County. Q. How long have you lived there?-A. I have been living there again' the 4th of next May 35 years. Q. Did you pay a State or county tax within two years and one month previous to the election held on the 5th of November last ?-A. Yes, sir. Q. Was that tax assessed at least two months prior to the holding of that election?-A. Indeed, I can't tell you that. Q. When are taxes usually assessed; what part of the year, spring or fall?-A. Spring. Q. Well, then, the tax of which you speak was assessed at least two months before the holding of the election in November, 1878, was it not? (Counsel for contestee objects to the question, first, because it is too leading; and, second, because it is putting the answer in the mouth of the witness.) A. Yes, sir. Q. Did you vote at an election held for Benner Township on the 5th of November, 1878 ?-A. Yes, sir. Q. For whom did you vote for Congress?-A. For A. G. Curtin. |