Q. Where did you pay it ?—A. I gave him the order at the Howard Bank, in Walker Township, where he was working. Q. How did you come to give him an order to Lauth Thomas & Co. for the amount of your tax?-A. Because I was working for them. Q. Did he come to the bank to get the tax -A. Yes, sir. Q. Did he ask you for an order to Lauth Thomas & Co. ?—A. Yes, sir; he did. Q. How did he come to ask for an order?-A. I suppose he knew us mine bankers had no money, and he asked for an order. Q. Were you present when the company paid him the order?-A. No, sir. Q. Then you don't know of your own knowledge that the order was paid?-A. Any more than Thomas Dunkle's book, which I saw to-day, was marked paid. Q. You don't know whether he marked it paid the day he got the order or at some subsequent time?-A. I don't know about that. Q. Do you know whether Mr. Dunkle had any account with the Howard Iron Company?-A. That I can't say. Q. Then you don't know whether the company paid him money or gave him credit in dealings between him and them, do you?-A. That I can't say. Q. At the election for Walker Township held November 5, 1878, did you take and subscribe a written or partly printed and partly written. affidavit, setting forth your qualifications as a voter in said township?A. I don't think I did. Q. Did any witness produced on your behalf take and subscribe such an affidavit?-A. No, sir; I don't think they did. Q. Did you make any proof by word of mouth, either in your own person or by some witness in your behalf, as to your right to vote at said election ?-A. Not as I remember. Redirect by D. F. FORTNEY, Esq.: Q. State whether or not you were informed by Mr. Dunkle, the tax collector to whom you gave that order, that it was paid, and when. (Counsel for contestee objects to the question because the answer is incompetent as evidence, being necessarily hearsay.) A. He said it was paid in June, 1878. JAMES KAIN. CHRIST DECKER, being sworn and examined by D. F. FORTNEY, deposeth as follows: (Counsel for contestee make the same objection to the testimony of this witness as in the case of James T. Nixon, and for the same reasons.) Question. What is your name, age, and residence?-A. My name is Christ Decker; my age is 22 years last December, 1878; and I reside in Walker Township, Centre County, Pennsylvania. Q. How long had you resided in Walker Township previous to November 5, 1878-A. About ten or fifteen years. Q. Where were you born?-A. In Marion Township, Centre County, Pennsylvania. Q. Did you vote on age?-A. No, sir; I was assessed before the elec tion and paid tax. Q. How long before the election did you pay tax?-A. In 1877 I paid tax. Q. Was it a State or county tax?-A. Yes, sir; it was. Q. When, where, and to whom did you pay it?-A. My father paid it to Thomas Dunkle; I don't know where or when. Q. Have you the receipt with you?-A. Yes, sir. (Receipt produced, dated October 6, 1877, for State, county, and poor tax for 1877, for 45 cents, signed J. T. Dunkle, collector.) Cross-examined by D. S. KELLER, Esq., for contestee, who reserves all legal objections to service of notice and the relevancy and the competency of the testimony in chief: Q. Were you working for your father when this tax was paid?—A. Yes, sir. Q. Did you vote for candidate for Congress at the election held for Walker Township November 5, 1878?-A. Yes, sir; I did. Q. For whom did you vote for Congress ?-A. I decline to answer. Q. Have you been advised to decline to answer for whom you voted for Congress since coming here?-A. No, sir. Q. Has anything you have heard here to day influenced you in any degree to decline answering for whom you voted for Congress?—A. No, sir. CHRIST DECKER. A. J. GARBRICK, being sworn and examined by D. F. FORTNEY, deposeth as follows: (Counsel for contestee makes the same objection to the testimony of this witness as in the case of James T. Nixon, and for the same reasons.) Question. State your name, age, and residence.-Answer. My name is A. J. Garbrick; I was 21 years old on the 14th day of September, 1878; and I reside in Walker Township, Centre County, Pennsylvania. Q. Did you vote on age at the election held in Walker Township on November 5, 1878 ?—A. I did. Q. How long had you lived in Walker Township previous to that election?-A. From the time of my birth, to the best of my knowledge. Q. Were you ever in any other State, or county, or township to reside but Walker Township?-A. I was not. Cross-examined by D. S. KELLER, Esq., for contestee, he reserving all legal objections to service of the notice and the relevancy and com petency of the testimony in chief: Q. Did you take and subscribe a written, or partly written and partly printed, affidavit setting out your qualifications as a voter in the township of Walker at the election held therein November 5, 1878?-A. Yes, sir, I did when I voted. Q. Before whom was that affidavit sworn to?-A. I was sworn by the election board, inside the election house. Q. Which one of the board swore you?—A. That I don't remember. Q. Who filled out the body of the affidavit?-A. One of the election board. Q. Was the oath administered to you merely by word of mouth, or did you sign a written, or partly written and partly printed, paper containing same?-A. By word of mouth; I did not sign any paper. Q. Did you produce a witness as to your age at the election aforesaid?-A. Jacob Shaeffer told them I was of age, but no witness was sworn. Q. Did any witness sign an affidavit as to your age?—A. No, sir. A. J. GARBRICK. ISAAC HOFFMAN, being sworn and examined by D. F. FORTNEY, deposeth as follows: (Counsel for contestee makes the same objection to the testimony of this witness as in the case of James T. Nixon, and for the same reasons.) Question. What is your name, age, and residence?-Answer. My name is Isaac Hoffman; I am 48 years old; my residence is Walker Township, Centre County, Pennsylvania. Q. How long have you lived in Walker Township prior to November 5, 1878-A. Since early last spring. Q. Where did you live before you came to Walker Township?—A. In Haines Township, Centre County, Pennsylvania. Q. Are you a citizen of the United States and of the State of Pennsylvania ?—A. Yes, sir. Q. Did you vote at the election held in Walker Township Novemvember 5, 1878?-A. Yes, sir. Q. Did you pay a State or county tax within two years prior to the 5th of November, 1878, which had been assessed at least two months before the election held November 5, 1878?—A. I have. Q. Have you a tax-receipt?-A. Yes, sir. (Tax receipt produced, dated January 16, 1878, Haines Township.) "Rceived of Isaac Hoffman 35 cents, State and county tax for the year 1877. (Signed) I. H. WYLE, Cross-examined by D. S. KELLER, he reserving all legal objections to the service of the notice and the relevancy and competency of the testimony in chief: Q. Where were you born?-A. In Union County, Pennsylvania. Q. How long had you lived in Pennsylvania immediately before the election held November 5, 1878 ?—A. All my life. Q. Did you vote for Congressman at the election held November 5, 1878-A. Yes, sir. Q. For whom did you vote for Congress? (Counsel for contestant objects, upon the ground that the question is not cross-examination, and because the question as to how a man voted is a privileged question and one which the witness need not answer.) A. I voted for Yocum. Redirect by D. F. FORTNEY, Esq., for contestant: Q.. How do you know you voted for Yocum for Congress?-A. His name was on the ticket; I read it. ISAAC HOFFMAN. SAMUEL DUNKEL, being sworn and examined by D. F. FORTNEY, deposeth as follows: (Counsel for contestce makes the same objection to the testimony of the witness as in the case of James T. Nixon, and for the same reasons.) Question. What is your name, age, and residence?-Answer. My name is Samuel Dunkel; I was born in 1845; and my residence is Walker Township, Centre County, Pennsylvania. Q. How long had you lived in Walker Township before the 5th of November, 1878-A. Three years continuously. Q. Had you paid a State or county tax within two years before the 5th of November, 1878?-A. Yes, sir; I did. Q. For what year was the tax you paid?—A. For the year 1877. (Tax-receipt produced, dated December 3, 1877.) тоб "Rec'd of Sam'l Dunkle dollars for State, county, and poor tax for 1877. (Signed) I. T. DUNKLE, "Collector." Q. Where were you born?-A. In Centre County. Pennsylvania. Q. Did you vote at the election held in Walker Township, November 5, 1878, for a member of Congress ?—A. I did vote for a member of Congress. Q. For whom did you vote for Congress? (Counsel for contestee objects to the foregoing question; the ballot itself would be the best evidence as to how the witness voted, and no proof has been offered of its loss or destruction.) A. I voted for the right man, I guess. Cross-examined by D. S. KELLER, he reserving all legal objections to the service of the notice and the relevancy and competency of the tes timony in chief: Q. Did you take and subscribe a written or partly written and partly printed affidavit, setting forth your qualifications as a voter in the township of Walker for the election held November 5, 1878?—A. No, sir; I did not. Q. Did any witness produced on your behalf take and subscribe such an affidavit at the election aforesaid?-A. Not to my knowledge. Q. Was any proof made orally, either by yourself or by a witness in your behalf, of your right to vote at the election aforesaid?—A. No, sir; there was not. Q. How much of the tax paid Mr. Dunkle for which you have exhibited his receipt, was State and county tax, and how much was poor tax? -A. I don't know how much the State and county tax was. Q. Have you any knowledge, aside from the receipt itself, that any part of the tax has been paid was State and county tax?—A. Yes, sir; between fifty cents and seventy cents, I think, was State and county tax. Q. Did you pay that tax on the day of the date of the receipt ?—A. Yes, sir; I did. Q. Where did you pay it ?-A. In his own house. Q. Did Dunkle write the receipt in your presence?-A. Yes, sir; he did. Q. How did you pay him the tax ?-A. In money. SAMUEL DUNKEL. JOSIAH JOHNSON, being sworn, and examined by D. F. FORTNEY, deposeth as follows: (Counsel for contestee objects to the testimony of this witness as in the case of James T. Nixon and for the same reasons.) Question. What is your name, age, and residence?-Answer. My name is Josiah Johnson. I am 60 years old, and I reside in Walker Township, Centre County, Pennsylvania, and have lived there continuously for nine years. Q. Did you vote at the election held in Walker Township, November 5, 1878 ?—A. Yes, sir; I did. Q. Had you paid a State or county tax within two years before the 5th of November, 1878?-A. Yes, sir; I did. Q. When was the tax assessed you paid?-A. For the year 1877. Q. To whom did you pay it ?-A. To Thomas Dunkle, collector of State and county tax for Walker Township for the year 1877. Q. Have you a receipt?—A. Yes, sir; I have, but not with me. Q. What is the date of your receipt -A. I don't recollect the date, but it is within two years. Q. Where were you born?-A. In Union County, Pennsylvania. Q. Have you always lived in the State of Pennsylvania ?—A. I have. Cross-examined by D. S. KELLER, Esq., for contestee, he reserving all legal objections to the service of the notice and the relevancy and competency of the testimony-in-chief: Q. About when did you pay a tax to Mr. Dunkle?-A. In January, 1878. Q. Did you vote for Congressman at the election held in Walker Township, November 5, 1878?-A. Yes, sir; I did. Q. For whom did you vote for Congress? (Counsel for contestant objects.) A. I don't wish to tell. Q. Have you been requested or advised not to tell for whom you voted for Congress since you came here?-A. No, sir; I have not. Q. What was the nature of the conversation had with you by W. J. Kealsh, esq., one of the counsel for contestant, just before you went upon the stand ?—A. I don't just recollect. Q. I again ask you for whom you voted for Congress ?-A. I voted for Mr. Yocum. Redirect by W. J. KEALSH, Esq., for contestant: Q. What did Mr. Kealsh say to you in the passage before you came in to be examined, which is referred to in one of the questions of counsel for contestee?-A. He asked me if I had a tax receipt, and the next was he asked me how long I had resided in Walker Township. Recross-examination : Q. Was that all the conversation?—A. Yes, sir. Q. What caused you to decline answering the question at first?—A. I did not know as I had a right to tell at first. his JOSIAH + JOHNSON. mark. Witness: JOHN DOWNS, A. J. Adjourned to meet at 63 o'clock p. m. Met pursuant to adjournment at 63 o'clock p. m. DANIEL KAIN, being sworn, and examined by H. Y. STITZER, deposeth as follows: (Counsel for contestee make the same objection to the testimony of this witness as in the case of James T. Nixon, and for the same reasons.) Question. State your name, age, and residence.-Answer. My name is Daniel Kain; I am 33 years old, and I reside in Walker Township, |