Examined by W. C. HEINLE, Esq.: Question. What is your name? (Counsel for contestee objects to the examination of the witness on the stand upon the ground that no notice was given by the contestant or his counsel to the contestee or his counsel of the intended examination of H. A. Mingle at this time and place.) Answer. H. A. Mingle. Q. Where did you reside on November 5, 1878 ? (Counsel for contestee asks counsel for contestant to state the purpose of the witness on the stand. Counsel for contestant answers and says, to rectify discrepancies between the registry and the poll list for Haines Township. Counsel for contestee objects to the testimony of this witness, 1st. Because it is not evidence in rebuttal; 2d. Because it is irrelevant; 3d. Because the persons whose names appear upon the poll list reside within two miles of the place where the testimony is now being taken, and could have all been present to testify to the correctness or incorrectness of their names.) A. In Hames Township. Q. How long have you resided in Haines Township?-A. Upwards of fifty-five years. Q. Are you acquainted with William E. Acker?-A. I am. Q. Is the name when written William Acker intended for Wm. E.?A. Yes, sir; the same person. Q. Do you know Abner Acker?—A. Yes, sir. Q. Is the name when written Abner H. Acker intended for the same person as when Abner Acker?-A. It is intended for same person. Q. Do you know I. D. Boyer?-A. Yes, sir. Q. Is the name when written Isaac D. Boyer and I. D. Boyer intended for the same person?-A. It is. Q. Is the name John R. Bell and J. R. Bell intended for the same man?-A. It is the same man. Q. Is the name when written Charles C. Bell and C. C. Bell intended for the same man?-A. It is. Q. Do you know Abe Burns, and when written Abraham does it mean the same person?-A. There is only one Burns in Haines Township. Q. Is the name when written R. B. Boob and Robt. B. Boob intended for the same man ?-A. It is. Q. Is the name when written C. Bower and Charles Bower intended for the same name?-A. It is. Q. Is the name when written Geo. M. Bower and G. M. Bower intended for the same man?-A. It is. He is a nephew of mine. Q. Is the name when written H. O. Bower and Henry O. Bower intended for the same man?-A. It is. Another nephew of mine. Q. Is the name when written Wm. S. Bright and William Bright intended for the same man?-A. It is. Q. Is the name when written Wm. Bower and Wm. W. Bower intended for the same man?-A. It is. Q. Is the name when written H. J. Crouse and Henry Krouse intended for the same man?-A. It is. Q. Is the name when written J. H. Corman and John H. Korman intended for the same man ?-A. It is. Q. Is the name when written D. F. Corman and David Korman intended for the same man?—A. It is. Q. Is the name when spelled Korman intended for Corman ?-A. It is. Is the name when written Abs. Confer and Absolem Confer intended for the same man?-A. It is. Q. Is the name when written Saml. Deihl and S. H. Deihl intended for the same man?-A. It is. Q. Is the name when written Frank Detwiler and Frank Dutwiler intended for the same man?-A. It is. Q. Is the name when written S. Ettlinger and Solomon Ettlinger intended for the same man?-A. It is. Q. Is the name when written B. Eisenhuth and Benkart Eisenhut intended for same person?-A. Yes; it is intended for Barnhart. I know that there is two Barnhart Eisenhuth; one is junior. Q. Is the name when written T. G. Edmunds and T. G. W. Edmunds intended for the same person?-A. It is. Q: Is the name when written Jacob Feidler and J. J. Feidler intended for the same person?-A. It is. Q. Is the name when written Wilson Geiswite and William Geiswite ! intended for the same person?-A. It must be; we have no Wilson Geiswite in Haines Township. Q. Is the name when written Christ Hoffey and Christian Hafley intended for the same man?—A. It is. Q. Is the name when written D. Krahe and David Krape intended ¿ for the same man?-A. It is. Q. Is the name when written J. W. Krape and W. J. Krape intended for the same man?-A. It is. Q. Is the name when written Alf. Kramer and A. F. Kreamer intended for the same person?-A. It is. Q Is the name when written Geo. Kister and G. W. Keister intended for the same man?-A. It is. Q. Is the name when written J. A. Limbert and A. J. Limbert intended for same person?-A. Yes, sir. Q. Is the name when written D. J. Myers and D. J. Mayer intended for the same person?-A. It is. Q. Is the name when written Luther E. Musser and E. L. Musser intended for the same man?-A. It is. Q. Is the name when written Abs. Musser and Absalom Musser intended for the same person?—A. It is. Q. Are the names written Augustus Neidigh and A. M. Neidigh and John M. Neidigh and Jno. Neidigh intended for the two Neidighs by that name?-A. They are. Q. Is the name written H. W. Snyder and Henry Snyder intended for the same man?-A. It is. Q. Is the name Irah Snyder and Irah E. Snyder intended for the same man?-A. It is. Q. Is the name when written Philip J. Stover and Philip Stover intended for the same man?—A. It is. Q. Is the name when written John J. Stover and John Y. Stover intended for the same man?-A. I don't know. Q. Is the name when written Jerome Stambach and J. B. Stembach intended for the same person?—A. It is. Q. Is the name when written D. Vonada and Daniel Vonada intended for the same man?-A. It is. Q. Is the name when written A. A. Vonaddas and Ambose Vonada intended for the same man?-A. I think it is. There is but the one Abrose in the Haines Township. Q. Is the name when written D. Vance and Daniel Wance intended for the same man?-A. We have only the one David Vance in Haines Township. Q. Is the name when written Jas. Wert and James A. Wert intended for the same man?-A. It is. Q. Is the name when written Frank D. Weaver and Franklin J. Weaver intended for the same man?-A. It is. Q. Is the name when written S. Yorich and Samuel Yearich intended for the same man?-A. It is. Q. Did all the parties you mentioned above reside in Haines Township on November the fifth, 1878?-A. Yes, sir; I think they did. H. A. MINGLE. Sworn and subscribed before me this 3d day of April, A. D. 1879. SAMUEL FRANCK, A. J. LUTHER WERT, being produced and sworn on the part of the contestant, deposes as follows: Question. What is your name? (Counsel for contestee objects to the examination of the witness on the stand on the ground that no notice was given the contestant or his counsel of the intended examination of Luther Wert at this time and place.) Answer. Luther W. Wert. Q. What is your age? (Counsel for contestee asks counsel for contestant to state the purpose of the testimony of the witness. Counsel for contestant replies and says: We propose to prove that Luther W. Wert voted in Haines Township, November election, held November 5, 1878. His name does not appear upon the registry-list, but is on the poll-list as having voted on age. Counsel for contestee objects to the examination of this witness, 1st, because it is not evidence in rebuttal; 2d, because it is irrelevant and immaterial.) A. I was twenty-one on the 2d of February, 1878. Q. Where did you reside on the 5th of November, 1878?-A. Haines Township. Q. How long did you reside there immediately preceding November 5, 1878-A. I was born there and never resided any place else. Q. Did you vote on age?-A. Yes, sir. Q. Were you born in the State of Pennsylvania?-A. I was born in Haines Township, Centre County, Pennsylvania. Q. Did you vote at the November election, 1878, held for Haines Township-A. Yes, sir. Q. For whom did you vote for Congress?-A. For Andrew G. Curtin. Counsel for contestee, reserving all legal exceptions to the foregoing testimony, proceeds to cross-examine the witness: Q. When were you born?—A. 1857, on the 2d of February. Q. How do you fix the date of your birth?-A. I have a taufschein; also a record of my birth in family Bible. Q. Is that written in English or German?-A. In English. Q. When did you look at it last?-A. Yesterday, and this morning. Q. Did you look at it because you were coming up here to testify ?— A. Yes. Q. Did your parents ever tell you when you were born?-A. Yes, sir. Q. When did they last tell you when you were born?-A. Yesterday. Q. Where did you vote?-A. Aaronsburg, Haines Township. Q. How far did you live from the polls?-A. One quarter of a mile. Q. Who went with you to the polls?-A. My brother and Frank Dutwiler. Q. Did you make out, sign, and swear to a printed or a partly printed and partly written affidavit setting forth your name, age, and residence before you voted on the 5th of November, 1878?-A. I signed a paper at the board before; I did. Q. Did any one else swear to your age besides yourself?-A. No. Q. Did any one sign the paper but yourself?-A. No, sir. Q. What was done with that affidavit that you signed?-A. I don't know; the board kept it. Q. Who gave you your ticket?-A. George Keister. Q. Was it folded when you got it?-A. Yes, sir. Q. Did you unfold it ?-A. No, sir. Q. Did you read the ticket before you voted?-A. No, sir. Q. How do you know you voted for A. G. Curtin for Congress ?—A. Because I told Keister I wanted to vote for A. G. Curtin. Q. Did you tell George Keister that you wanted to vote any other particular person?-A. Not more than the whole Democratic ticket. Q. Do you know any Democrats that voted for Seth H. Yocum for Congress-A. No, sir. Q. Then you don't know of your own knowledge that you voted for Curtin.-A. I trusted Mr. Keister. LUTHER W. WERT. Sworn and subscribed before me this 3d day of April, A. D. 1879. SAMUEL FRANCK, A. J. A. W. EBY, being produced and sworn on the part of the contestant, deposes as follows: Examined by W. C. HEINLE, Esq.: Question. What is your name? (Objected to for want of notice by counsel for contestee.) Answer. N. W. Eby. Q. Is the name when written A. W. Eby intended for you?—A. Yes, sir. Q. Where were you born?-A. Haines Township, Centre County, Pennsylvania. Q. Where did you reside on the 5th of November, 1878?-A. In Haines Township. Q. How long did you reside in Haines Township continuously immediately preceding November 5, 1878?-A. From New Year, 1878, up to the election, November 5, 1878. Q. How old were you on the 5th of November, 1878?-A. I was born on the 17th day of July, 1857; I was twenty-one on the 17th day of July, 1878. Q. Did you vote in Haines Township at the November election, 1878? -A. Yes, sir; I voted on age. Q. For whom did you vote for Congress ?-A. For Curtin. Cross-examined by CLEMENT DALE, Esq.: Q. How do you fix the date of your birth ?-A. It is written in a book at home. Q. What kind of a book is it?-A. Lutheran hymn book. Q. Have you got that book with you?-A. Yes, sir. Q. Where did you vote?—A. In Haines Township. Q. How far do you live from the polls?--A. Between seven and eight Q. Who went with you to the polls?-A. A. M. Neidigh. Q. Did you there make out, sign, and swear to a printed, or a partly printed and partly written affidavit, setting forth your name, age, and place of residence, before you voted on the 5th day of November, A. D. 1878-A. Yes, sir. Q. Did any person swear you were twenty-one besides yourself?—A. No, sir. Q. Did any one sign that paper besides yourself?-A. Not that I saw. Q. Was it folded?-A. Can't remember. Q. Did you read the ticket?-A. Yes, sir. Q. For whom did you vote; did you vote for State senator?-A. The whole Democratic ticket. N. W. EBY. Sworn and subscribed before me this 3d day of April, A. D. 1879. SAMUEL FRANCK, A. J. JAMES E. LENKER being produced and sworn on the part of the con testant, deposes as follows: Examined by W. C. HEINLE, Esq.:. Question. What is your name?-Answer. James E. Lenker. Q. Where did you reside on November 5, 1878?-A. In Aaronsburg, Haines Township. Q. Did you vote in Haines Township at the November election, 1878? -A. Yes, sir. Q. For whom did you vote for Congress?-A. For Seth H. Yocum. JAMES E. LENKER. Sworn and subscribed before me this 3d day of April, A. D. 1879. SAMUEL FRANCK, A. J. J. G. MEYER, being produced and sworn on the part of the contestant, deposes as follows: Examined by W. C. HEINLE, Esq.: Question. What is your name?-Answer. J. G. Meyer. Q. Where did you reside on November 5, 1878?-A. Aaronsburg, Haines Township; have resided there about fifty years. Q. Do you know John Y. Stover?-A. Yes, sir; he resides in Haines Township. Q. Is the name written John J. Stover and John Y. Stover intended for the same man?-A. I suppose so; I do not know of any John J. Stover in Haines Township, but I know a John Y. Stover; am well acquainted with him. Q. Is the name when written C. D. Thomas and L. D. Thomas intended for the same man?-A. Yes, sir; there is no C. D. Thomas in the township of Haines. Q. Did the two above-named persons reside in Haines Township on November 5, 1878?-A. Yes, sir. J. G. MEYER. Sworn and subscribed before me this 3d day of April, A. D. 1879. SAMUEL FRANCK, A. J. |