Cross-examined by CLEMENT DALE, Esq., counsel for, contestee, sub

ject to above objections:

Q. You stated you lived in Gregg Township?-A. I did.

Q. Where were you born?-A. In Gregg Township.

Q. When?-A. Seventh of June, 1857.

Q. How old are you?—A. I was twenty-one the 7th of June, 1878. Q. Did you make affidavit that you were twenty-one years of age when you voted?-A. I did.

Q. Did you vote on age?—A. Yes, sir; I did.

Q. Before whom did you make affidavit?-A. Before Esquire Herring, one of the election officers.

CORNELIUS MUSSER.

Sworn and subscribed before me this 31st day of March, A. D. 1879. SAMUEL FRANCK, A. J.

Adjourned to meet at half past 1 o'clock p. m., March 31, 1879.

Met at half-past 1 o'clock p. m. pursuant to above adjournment. GEORGE BREON, Sr., being produced and sworn on the part of the contestant, deposes as follows:

Examined by W. C. HEINLE, Esq., counsel for contestant:

Question. What is your name?-Answer. George Breon, sr.

Question by counsel for contestee: What do you propose to prove by this witness?

Answer by contestant's counsel: The name of George Breon, sr., appears on the poll-list as having voted, and his name does not appear on the registry list; we now propose to prove by George Breon, sr., that he was a legally qualified voter for the township of Gregg, on the 5th of November, 1878.

By contestee's counsel: Please state the object of the testimony. Contestant's counsel answers and says: To show that George Breon, sr., although not on the registry-list, is the same person whose name appears on the poll-list as George Breon, sr., and that he is a legally qualified voter for the township of Gregg.

(Objected to by contestee's counsel, 1st, because the evidence offered is not in rebuttal of anything shown by contestee; 2d, because if it is evidence in the case, it should have been offered in chief; 3d, because it is irrelevant and immaterial.)

Q. Where were you born?-A. In Gregg Township, and never moved away.

Q. How old are you?-A. Seventy-four yours old.

Q. Where did you reside on November 5, 1878?—A. I live where I did ever since I was born, in Gregg Township.

Q. Did you pay a State or county tax within two years and thirty days before the November election, 1878, which had been assessed at least sixty days prior thereto?

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

A. Yes, sir.

Q. Did you vote in Gregg Township at the November election, 1878? -A. Yes; I did.

Q. For whom did you vote for Congress ?-A. I voted for Curtin for Congress..

(Counsel for contestee objects to the testimony of this witness on the ground that no notice was received from contestant or his counsel of

this intended examination; and reserving the exception as to notice and other legal exceptions to the foregoing testimony of George Breon, sr., proceeds to cross-examine:)

Q. Are you a property-holder in Gregg Township, Centre County, Pennsylvania?-A. Yes, sir.

Q. Do you pay the taxes on your land yourself or does some one else pay them?-A. I pay it; all my taxes myself.

Q. Do you recollect of paying any taxes in the years 1877 and 1878 ? -A. Within that period I paid two taxes.

Q. Is there any other person by the name of George Breon, sr., living in Gregg Township?-A. No; the other one is George C. Breon.

Q. Do you know why your name was not on the registry-list for the November election, 1878?-A. I know nothing about it.

Q. Did you make application at any time before the November election of 1878 to have your name put on the registry-list for your township?—A. I did not; I did not know but it was on always.

Q. Can you read?-A. English, not a word; and German not very good without specs.

Q. Was the ticket you voted printed in English or German?—A. English.

Q. Were there more names than one on the ticket you voted?—A. Yes; I voted for them all. I voted the whole Democratic ticket.

Q. How do you know it was the whole Democratic ticket you voted? -A. I asked for it and I trusted the man that gave it to me, and he was a real Democrat.

Q. Who was that man ?-A. John B. Heckman.

Q. Do you know who John B. Heckman voted for for Congress?—A. For the same man that I did.

Q. You are of the opinion that you voted for Andrew G. Curtin for Congress at election because John B. Heckman gave you the ticket ?— A. Yes; I trusted. He named every one of them on the ticket.

Q. Whose name did he tell you was on that ticket for State senator?A. I can't mind.

Q. Whose name did he tell you was on the ticket for prothonotary at that election?-A. Can't teil; I have forgotten all the names but one. Q. Did anybody remind you lately that the name of Hon. A. G. Curtin was on that ticket?-A. I can't mind that they did.

Q. Do you know J. C. Harper, of Potter Township?-A. No.

Q. Do you know Hon. Cyrus T. Alexander ?—A. I wouldn't know him if I would see him.

Q. Did you vote for C. T. Alexander or S. Woods Caldwell for State senator at that election?-A. I voted for Alexander.

Q. How do you know you voted for Alexander?-A. They named both of the candidates and I asked for Alexander.

Q. The only reason you think you voted for A. G. Curtin at that election was because he is a Democrat ?-A. He was a man I knew.

Q. Don't you know that A. G. Curtin is a Republican, and was the Republican governor during the war?-A. Yes, sir. If a man did murder he can build himself up again.

his

GEORGE BREON, SR.

mark.

Sworn and subscribed before me this 31st day of March, A. D. 1879.

SAMUEL FRANCK, A. J.

WM. F. REARICK, being produced and sworn on the part of the contestant, deposes as follows:

Examined by W. C. HEINLE, Esq., counsel for contestant: Question. What is your name?—Answer. William F. Rearick.

Q. Where did you reside on the 5th of November, 1878 ?-A. In Gregg Township, Centre County, Pennsylvania.

Q. Did you vote in Gregg Township at the November election, 1878?A. I did.

Q. For whom did you vote for Congress?-A. Seth H. Yocum. Counsel for contestee, reserving all legal exceptions to the foregoing, proceeds to cross-examine :

Q. Are you living in Gregg Township at present?-A. Yes, sir.

Q. How long have you lived there continuously?-A. Twelve years continuously.

Q. Have you paid taxes every year during the past twelve years in Gregg Township, the same being State and county taxes?-A. Yes, sir; I have every year.

Q. Were you registered in Gregg Township?-A. I believe I was not. Q. Why were you not registered?-A. Can't tell you; I do not know. Q. Was your vote ever questioned since you have been a resident of Gregg Township?-A. It was not.

W. F. REARICK.

Sworn and subscribed before me this 31st of March, A. D. 1879.

SAMUEL FRANCK, A .J.

G. B. JORDAN, being produced and sworn on the part of the contestant, deposes as follows:

Examined by W. C. HEINLE, Esq., counsel for contestant. Question. What is your name?-Answer. George B. Jordan. Q. What is your age?-A. Forty-six.

Q. Where were you born?-A. Clinton County, Pennsylvania. Q. Where did you reside on the 5th of November, 1878?-A. At Spring Mills, Gregg Township, Centre County, Pennsylvania.

Q. How long continuously before that time did you reside there?—A. Three years.

Q. Did you pay a State or county tax within two years?-A. I did. Q. When and to whom?-A. To Mr. Hosterman and Mr. Leitzell. I paid Hosterman in February of 1878, and I paid Leitzell about two months ago.

Q. Did you vote in Gregg Township at the November election in 1878-A. I did.

Q. Is there any other person who is a voter in Gregg Township by the name of George Jordan?—A. Not that I know of.

Q. Then when the name of George Jordan is written in Gregg Township by the register or assessor, it means George B. Jordan, which is your name, does it not?

(Counsel for contestant objects to the above question as leading.) A. Yes, sir.

(Counsel for contestee objects to the testimony of this witness, on the ground that no notice was given by the contestant or his counsel of the intended examination of George B. Jordan; and, 2d, because the evidence is not in rebuttal of anything proven by the contestee; 3d, because it is irrelevant and immaterial.)

GEORGE B. JORDAN.

Sworn and subscribed before me this 31st day of March, A. D. 1879. SAMUEL FRANCK, A. J.

JOHN R. TAYLOR, being produced and sworn on the part of the contestant, deposes as follows:

(Counsel for contestee asks, What do you propose to prove by this witness?

Counsel for contestant replies, and says: "We propose to prove a legally-qualified elector in Gregg Township whose name is on the polllist but not on the registry-list."

By counsel for contestee. Please state the object of this testimony. Counsel for contestant. The object has been stated in the above offer. Counsel for contestee objects, 1st, because, if evidence for any purpose, it should have been offered in chief; 2d, because it is not in rebuttal o fanything proven by contestee; 3d, it is irrelevant and immaterial.)

Examined by W. C. HEINLE, counsel for contestant:

Question. Where do you live, and what is your age?-Answer. I live in Gregg Township; my age is sixty-seven.

Q. How long before November 5, 1878, did you continuously reside in Gregg Township?-A. Eleven years.

Q. Do you know John J. Taylor?-A. Yes, sir.

Q. Who is he?-A. He is a son of mine.

Q. Where did he reside on November 5, 1878?—A. In Gregg Township.

Q. How long immediately before that time did he reside there?—A. The length of time as I, eleven years.

Q. Where was John J. Taylor born?-A. In Potter Township, Centre County, Pennsylvania.

Q. How old was he on November 5, 1878?-A. Before the delegate meeting, he was twenty-one, shortly before.

Q. Was he between the age of twenty-one and twenty-two when he voted at the November election, 1878?

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

A. Yes, sir.

Q. Did he vote in Gregg Township at the November election, 1878 ?— A. Yes, sir.

Q. Did you see him vote?-A. Yes, sir.

Q. Did you give him his ticket?—A. Yes, sir.

Q. Do you know for whom he voted for Congress?-A. A. G. Curtin. (Counsel for contestee objects to the testimony of this witness on the ground that no notice was given by the contestant or his counsel to the contestee or to his counsel of the intended examination of John Taylor, and the examination was allowed to proceed without this objection upon the supposition that it was John J. Taylor who was being examined.

COUNSEL FOR CONTESTANT. "The witness examined is the person of which the contestee had notice, the "J" being only a clerical error of no consequence in this examination.")

Counsel for contestee, reserving all legal exceptions to the foregoing testimony of John Taylor, proceeds to cross-examine:

Q. Mr. Taylor, with whom was your son John J. hired in the summer and fall of 1878?-A. With a man by name of William Yeorick.

Q. How long was he hired there?-A. He was hired on the 1st of April for seven months.

Q. Is William Yeorick's residence in Gregg Township?-A. Yes, sir. Q. Where did he go from William Yearick's ?-A. He came home to my house.

Q. Mr. Taylor, have you a record in the family Bible of the date of the birth of your son John J. ?—A. I have.

Q. What does that record say with reference to his birth ?—A. I can't say.

Q. Mr. Taylor, can you say now from your recollection what is the date of your son John's birth?-A. I cannot; I think it was in fallOctober or November.

Q. Can you recollect whether it was in the beginning, middle, or later part of the month?-A. I can't mind exactly; it seems to me it was on the 18th, but I cannot tell month.

Q. Can you tell from your recollection what year your son John J. was born?-A. No, I cannot.

Q. Do you know for whom your son John J. Taylor voted for Congress at the election on the 5th of November, 1878?-A. For A. G. Curtin.

JOHN R. TAYLOR.

Sworn and subscribed before me this 31st day of March, A. D. 1879. SAMUEL FRANCK, A. J.

HENRY F. BITNER, being produced and affirmed on the part of the contestant, deposes as follows:

Examined by W. C. HEINLE, Esq., counsel for contestant. Question. Where did you reside on the 5th of November, 1878?-Answer. Penn Hall, Gregg Township, Centre County, Pennsylvania.

Q. Did you vote at the election in Gregg Township, November 5, 1878-A. I voted in Gregg Township.

(Counsel for contestee objects to the testimony of the above witness as irrelevant and immaterial.)

HENRY F. BITNER.

Sworn and subscribed before me this 31st day of March, A. D. 1879. SAMUEL FRANCK, A. J.

THOMAS J. DECKER, being produced and sworn on the part of the contestant, deposes as follows:

Examined by W. C. HEINLE, Esq., counsel for contestant. (Counsel for contestee objects to the testimony of this witness on the ground that no notice was given by the contestant or his counsel to the contestee or to his counsel of the intended examination of this witness at this time and place. What do you propose to prove by this witness?) (Counsel for contestant says, to prove a discrepancy in the registry list. The witnesses name is Thomas J. Decker; his name appears on the poll list as Thomas G. Decker, and he is registered as Thomas Decker. Counsel for contestee objects, 1st, because that would have been part of contestant's case in chief; 2nd, because it is not evidence in rebuttal; 3d, irrelevant and immaterial.)

Question. What is your name?-Answer. Thomas J. Decker.

Q. Where did you reside November 5, 1878?-A. In Penn Township, Millhum, Centre County, Pennsylvania."

Q. Did you vote in Penn Township at the November election 1878 ?— A. Yes, sir.

Q. Was there any other man of your name living in Penn Township November 5, 1878?-A. Not as I know of.

Q. Then a name-Thomas G. Decker or Thomas Decker-is intended for your name, is it not?—A. I suppose so; that's my name; Thomas J. Decker.