Q. Where were you born?-A. In Curtin Township, Centre County, Pennsylvania.

Q. Did you vote at the election held in Marion Township November 5, 1878-A. Yes, sir.

Q. Did you vote on age?—A. Yes, sir.

Q. Were you at the time between twenty one and twenty-two years of age to the best of your knowledge and information?

(Counsel for contestee objects to the question as leading.

A. Yes, sir.

Q. Did you vote for a member of Congress at that election?—A. Yes, sir; I voted for A. G. Curtin.

Cross-examined by D. S. KELLER, Esq., he reserving all legal objections to the service of the notice and the relevancy and competency of the testimony.

Q. Did you, before voting at the election for Marion Township, held November 5, 1878, take and subscribe a written or partly written aud partly printed affidavit setting forth your qualifications as a voter in said township?—A. No, sir.

Q. Did any qualified voter of the township then and there take and subscribe such an affidavit in your behalf?—A. No, sir; not as I know of.

Q. From whom did you get your information as to when you were boru?-A. From my father, who is still living.

Redirect by W. J. KEALSH, Esq.:

Q. Were you sworn verbally by the election board previous to voting, as to your age?—A. Yes, sir.

ORLANDO SMITH.

JACOB SHARER, being sworn and examined by J. W. KEALSH, Esq., deposeth as follows:

(Counsel for contestee make the same objection to the testimony of this witness as in the case of A. J. Henderson, and for the same reason.)

Question. State your name, age, and residence.-Answer. My name is Jacob Sharer. I was twenty-one years old on the 29th day of August, 1878, and my residence is Walker Township at present, having moved there from Marion Township on March 25, 1879.

Q. How long had you lived in Marion Township before November 5, 1878-A. Between six and seven years, all the time, with the exception of six months last summer, when I was in Kansas and Illinois.

Q. Were you traveling and visiting in the States of Kansas and Illinois-A. I was visiting.

Q. Are you a citizen of the United States and of Pennsylvania, and were you so one month before the election of November 5, 1878 ?-A. I am and was.

Q. Did you vote at the election held in Marion Township November 5, 1878 ?—A. I did.

Q. Did you vote for a member of Congress at that election?-A. I did.

Q. For whom did you vote for Congress ?-A. Seth H. Yocum. JACOB SHARER.

JAMES DULLEN, being sworn and examined by J. W. KEALSH, Esq., deposeth as follows:

(Counsel for contestant makes the same objection to the testimony of

this witness as in the case of A. J. Henderson, and for the same reasons.)

Question. State your name, age, and residence.--Answer. My name is James Dullen; I was born November 2, 1857; and I reside in Marion Township.

Q. Did you vote at the election held in Marion Township on November 5, 1878-A. Yes, sir.

Q. Did you vote for Congress at said election ?—A. Yes, sir.

Q. Have you any objection to state for whom you voted for Congress?-A. I have not. I voted for Seth H. Yocum for Congress.

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:

Q. Where you born?-A. In Bellefonte, Centre County, Pennsyl vania.

Q. Had you been a citizen of the United States and the State of Pennsylvania for more than one month prior to November 5, 1878 ?—A. I had been.

Q. Since when have you lived in Marion Township?--A. I have lived there for about twelve years.

Q. How is your name sometimes spelled by persons unacquainted with your way of spelling it?--A. Some spell it "Dulling," and more spell it "Dulan," and sometimes "Doolan."

Redirect by H. Y. STITZER, Esq.:

Q. Did you, before voting at the election held in Marion Township, November 5, 1878, sign or subscribe a written or partly written and partly printed affidavit setting forth your qualifications as a voter at said election?

(Counsel for contestee objects to the question; first, because it is not proper redirect examination; second, because the answer would not be evidence in rebuttal; and third, because it is inadmissible under the notice of contest, said notice containing no allegations of any illegal or irregular votes having been polled in Marion Township.)

A. No, sir.

Q. Did any person as a witness in your behalf sign or subscribe such an affidavit at said election?

(Counsel for contestee objects to the question for the reasons last given.)

A. No, sir.

Q. Were you verbally sworn, before voting at said election, to make answers qualifying you as a voter ?-A. Yes, sir.

Q. Was there any person as a witness in your behalf sworn to vouch you as a legal voter of said township?-A. No, sir.

(Counsel for contestee objects to the question and answer for the reasons assigned in last objection.)

Recross-examined by D. S. KELLER, Esq.:

Q. After you had been sworn, and answered such questions as the election board had put to you, did you sign your name or make your mark to some paper which they presented to you before you voted ?— A. I made my mark.

Q. Had you any business with the election-board that day, other than such as concerned your right to vote at said election ?-A. No, sir.

JOHN DIVIN, A. J.

his

JAMES DULLEN.

mark.

Adjourned to meet at 8 o'clock a. m. on Wednesday, April 2,

1879.

Met pursuant to adjournment on Wednesday morning, April 3, at 8 o'clock a. m., and no witnesses appearing, the taking of testimony at Hublersburg, Centre County, Pennsylvania, was considered concluded, and the commission adjourned to meet at the court-house, Bellefonte, Centre County, Pennsylvania, on Thursday, April 3, 1879, at 8 o'clock

a. m.

Commission met pursuant to adjournment, at the court-house in Bellefonte, April 3, 1879, at 8 o'clock; H. Y. Stitzer, esq., and W. J. Kealsh, esq., appearing as counsel for contestant, and James II. Rankin, esq., appearing as counsel for contestee.

No witnesses appearing, commission adjourned until 14 o'clock p. m.

Commission met pursuant to adjournment at 14 o'clock p. m.

JAMES MULLEN, being sworn and examined by H. Y. STITZER, Esq., 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 declines stating for what this witness is called. Counsel for contestee objects to the examination of this witness because the counsel for the contestant refuses to state what they propose to pove by the witness and for what purpose he is called, and because he is not called in rebuttal.)

Question. What is your name, age, and residence?-Answer. My name is James A. Mullen. I am 47 years old. My residence is Clearfield Town, Clearfield County, Pennsylvania.

Q. Were you a citizen of the United States and of the State of Pennsylvania at least one month prior to the 5th of November, 1878?—A. I

was.

Q. Where were you born?-A. In Ireland.

Q. How long have you been in this country?-A. Since 1831, the year I was born in.

Q. Have you since that time become à naturalized citizen of the United States?-A. Through the naturalization of my father.

Q. About how long is it since your father became a naturalized citizen of the United States?-A. Over forty years ago.

(Counsel for the contestee objects to the question and answer because the question calls for and the answer is only hearsay, which is not evidence.)

Q. How long before the 5th day of November, 1878, were you a resi dent of Clearfield Town, Pennsylvania ?-A. Between fourteen and fif teen years.

Q. Has your residence been at said Clearfield Town since that time? -A. It has.

Q. Have you paid a State or county tax within two years, and one month prior to the 5th day of November, 1878?-A. I have.

Q. To whom and when did you pay it?-A. I sent to my son, living in Clearfield, to have it paid and send me a receipt, and he done so. It was marked paid on the duplicate of Clearfield Borough, and I saw it so marked on the day of election. It was paid thirty-five or forty days be fore November 5, 1878.

Q. Was this tax assessed at least two months before the 5th day of November, 1878 ?-A. To the best of my knowledge, it was.

Q. Did you vote at an election held in Clearfield Borough on the 5th day of November, 1878 ?—A. I did, without being challenged.

Q. Did you see or hear the testimony given by Mrs. Mullen, your wife relating to a certain check being in your possession? If yea, state your knowledge concerning the same.-A. I did not hear the evidence the time it was given in, but heard it through others, that such evidence was given in by my wife.

Q. Did you hear in any way that such testimony was given in at Clearfield before the commissioner taking testimony in this contest at Clearfield Borough, Clearfield County, Pennsylvania?

(Counsel for contestee objects to the question because it asks the witness to state what is hearsay, which is not evidence.)

A. I did since, through a letter from my daughter.

Q. What did you hear that the testimony then and there was given in by your wife relating to a certain check in your possession was? (Counsel for contestee objects to the question because it is wholly irrelevant and asks the witness to state what is hearsay, the legal evidence being at hand.)

A. I heard her evidence was to the effect that I got a check for $50 from Andrew G. Curtin.

Q. Will you explain as to the best of your knowledge what probably adduced such testimony?

(Counsel for contestee objects to the question because it asks the witness to guess at what he don't know.)

Answer. My wife, my son, my daughter, and myself was sitting in the sitting-room on the morning of the election. I was looking over some papers. I laid a check down on the table. My son asked me what paper that was. I said that was a check for 50 dollars. That was all that was said. I then construed from that that she thought I had got the check from A. G. Curtin. She remarked to my son Tom, after I went out, "I wonder if that ain't a check he got from A. G. Curtin."

Q. Did you have a check for 50 dollars from Andrew G. Curtin ?—A. Never had; not then or at any other time in my whole life.

Q. Were you registered in Clearfield Borough, Clearfield County, Pennsylvania?—A. Yes, sir.

(Counsel for contestee objects to the whole testimony of this witness, because notice of his examination was served on contestee during the time allowed the said contestee for the taking of his testimony; and again, because notice was served on contestee that his evidence would be taken before E. M. Blanchard, notary public, and R. C. Cheesman, notary public, at a different place and at the same time; reserving the foregoing objections to this testimony, and all legal exceptions, counsel for contestee proceeds to examine.)

Cross-examined by J. H. RANKIN, Esq. :

Q. When you were born, where you were born, and when your father was naturalized you only know from what you have heard from others, do you?-A. My parents say I was born on the 18th day of March, 1831, and in Ireland. My father tells me he was naturalized in the borough of Bellefonte about five years after he arrived here.

Q. Where have you been living for the last five years?-A. Part of the time in Bellefonte, part of the time in Clearfield, and part in Philadelphia.

Q. What part of that time have you been living in Philadelphia ?-A. Part of the year 1875; about five or six months.

Q. What part of that time have you been living in Clearfield ?—A. I have been back and forth at different times since I have been affected by paralysis. I have been doctoring here for paralysis, but make Clearfield my home. I am in the doctor s hands now.

Q. Your living in Clearfield has only been by visits?-A. My home is in Clearfield; I live in Clearfield, and don't consider my going there as visits.

Q. Don't you only consider that your place of residence for voting purposes-A. No, sir.

Q. At what time did you see your tax marked paid on the duplicate? -A. On the day of the election.

Q. Who was collector of the State and county tax for the borough of Clearfield-A. I don't remember.

Q. How do you know that you were registered sixty days before the election-A. The day I voted I was asked that same question at the window; the man whose duty it was to register was there; he answered the question, and stated to the board that I was duly registered and he had done it.

Q. What was the amount of the tax you paid?—A. I could not tell precisely; I know it was inside of a dollar.

Q. You say you took a receipt; what became of it?-A. I think I have it at home; but it may be lost.

Q. What check was it yon laid upon the table?-A. That concerns other business, and has nothing to do with this contest.

Q. That check was for $50, was it?-A. That check was for over $200. Q. Then what you stated to your wife and family was not correct, was it?-A. When I stated that, I was talking to my son, and not to my wife and family. I stated to my son, carelessly, when he asked me, that it was a check for $50, as I thought it was none of his business.

Q. Your construction of your wife's testimony was only surmised, based upon what others told you, was it, or was it not?—A. It was.

Redirect by H. Y. STITZER, Esq.:

Q. How long have you been continuously voting in Clearfield Borough up to November 5, 1878 ?—A. Since I returned from the Navy; in 1866. Q. What is your father's name?-A. Felix Mullen.

Q. How long has your father, to the best of your knowledge, been voting at elections held in Bellefonte, Pennsylvania ?-A. Over forty

years.

(Counsel for contestant offers certificate of naturalization of Felix Mullen, the father of James A. Mullen, dated April 3,1879, marked Exhibit A, and herewith attached.

Counsel for contestee objects to the admission of this testimony as wholly irrelevant.)

JAMES A. MULLEN.

Adjourned to meet at 8 o'clock a. m. to-morrow morning, April 4,

1879.

Commission met, pursuant to adjournment, on Friday, April 4, at 81⁄2 o'clock a. m.

REUBEN POORMAN, being affirmed and examined by H. Y. STISZER, Esq., deposeth as follows:

Question. State your name, age, and residence.-Answer. My name is Reuben Poorman. I will be 22 years old April 12, 1879, and my old residence is in Curtin Township, Centre County, Pennsylvania.

Q. Were you a citizen of the United States and the State of Pennsylvania one month before November 5, 1878 ?—A. Yes, sir.

Q. Where were you born?-A. In Clearfield County, Pennsylvania. Q. Did you vote at the election held in Curtin Township, November