Q. For whom did you vote for Congress ?-A. For A. G. Curtin.
No cross-examination.

LEVI M. STOVER.

Sworn and subscribed before me this 4th day of April, A. D. 1879. SAMUEL FRANCK, A. J.

Adjourned sine die at 3 o'clock p. m.

MILLHEIM, CENTRE COUNTY, PENNSYLVANIA,

April 4, 1879.

I, James A. McClain, having been duly sworn as amanuensis by Samnel Franck, associate judge, to take down the evidence in the aforementioned case of Curtin vs. Yocum, do solemnly swear that the testimony of the foregoing witnesses has been taken down by me exactly as given by them, word for word, and that the signatures attached to the testimony of each were signed by the witnesses in the presence of the judge, acting as commissioner.

8th day of April, A. D. 1879.

JAMES A. MCCLAIN.

Sworn and subscribed before me this 8th day of April, A. D. 1879.

I, Samuel Franck, associate judge of the county of Centre, State of Pennsylvania, having examined the foregoing testimony as taken down by James A. McClain, my amanuensis, and signed by the witnesses in my presence, do certify, in my official character as associate judge, that the said testimony is correct as given, word for word, by the witnesses themselves, and that the signatures appended thereto were signed by the witnesses themselves in my presence.

8th April, A. D. 1879.

SAMUEL FRANCK, A. J.

Depositions of witnesses produced, qualified, and examined before the undersigned, a notary public in and for the county of Centre, and State of Pennsylvania, in pursuance of the notices hereto attached, at the Potter House, in the borough of Philipsburg, county and State aforesaid, beginning on the 7th day of April, A. D. 1879, and afterwards by adjournments, as herein noted, and ending on the 8th of April, A. D. 1879.

J. L. Spangler and D. F. Fortney, esqs., appear as counsel for contestant, and D. H. Hastings and S. D. Gray appear as counsel for contestee.

Wм. EвоCH, being produced, sworn, and examined by D. F. FORTNEY, Esq., on the part of contestant, deposeth as follows:

Question. State your age and residence.-Answer. My age, 62 years; my residence in Philipsburg Borough, Centre County, Pennsylvania. Q. How long have you lived in the borough of Philipsburg ?-A. Twelve years.

Q. Where were you born?-A. I was born in Lehigh or Northampton County, Pennsylvania.

Q. Have you always been a citizen of Pennsylvania ?-A. Yes, sir, I have.

Q. Have you paid a State or county tax within two years preceding the 5th November, 1878 ?-A. I have.

Q. To whom and when did you pay it?-A. I paid it to Jackson Gornot, August 17th, 1878.

Q. Is this the receipt you got at the time you paid the tax?-A. It is. My wife gave the money to the collector and got the receipt.

Q. For what year was the tax paid?—A. It was paid for the year 1877.

Q. Did your wife pay the tax to the collector for you?—A. Yes, sir; she did.

Q. State whether or not you voted at the election held in the borough of Philipsburg on the 5th day of November, 1878.—A. I did.

Q. State for whom you voted for Congress at that election.-A. I voted for A. G. Curtin.

Cross-examined by D. H. HASTINGS and S. D. GRAY, Esqs.: (Counsel for contestee request counsel for contestant to state the object of the above testimony, and to state particularly wherein it is in rebuttal. Counsel for contestant maintain silence.

Counsel for contestee objects to the testimony of this witness: First, because counsel for contestant refuses to state the purpose thereof or wherein it is rebuttal; second, because the testimony is not rebuttal in any sense; and reserving these objections, claiming the right to ask the committee of Congress to strike out the above testimony, declines to cross-examine.)

WM. EBOCH.

DOUGLASS EBOCH, being produced, sworn, and examined by D. F. FORTNEY, Esq., on the part of the contestant, deposeth as follows: Question. State your age and residence.-A. My age is 26 years, and my residence is Philipsburg Borough, Centre County, Pennsylvania. Q. How long have you resided in the borough of Philipsburg?—A. I have resided here about twelve years.

Q. Where were you born?—A. Monroe County, Pennsylvania.

Q. Have you always been a citizen of the commonwealth of Pennsyl.vania-A. Yes, sir.

Q. State whether or not you have paid a State or county tax within two years preceding the 5th November, 1878.-A. I paid my tax in 1877. Q. To whom did you pay it?—A. To Jackson Gorton, collector.

Q. Was Gorton collector of State and county taxes for the borough of Philipsburg for the year 1877 ?—A. I suppose he was; his name is on there as collector.

Q. State at what date you paid the tax to Jackson Gorton.-A. October 5, 1877.

Q. State whether or not you voted at the election held in the borough of Philipsburg on the 5th of November, 1878.-A. Yes, sir; I did. Q. State for whom you voted for Congress at that election.—A. For Andrew G. Curtin.

(Counsel for contestee renews his request to counsel for contestant to state the object of the above testimony and wherein it is rebuttal. Counsel for contestant maintains silence.

Counsel for contestee objects to the testimony of the witness: First, because counsel for contestant refuse to state the purpose thereof, or wherein it is rebuttal; second, because the testimony is not rebuttal in any sense; and reserving these objections, claiming the right to ask the committee of Congress to strike out the above testimony, proceeds to cross-examine.)

Q. You don't know when the tax you refer to was assessed, do you?A. No, sir.

DOUGLASS EBOCH.

DAVID SHONTZ, being produced, sworn, and examined by D. F. FORTNEY, on the part of the contestant, deposeth as follows:

Question. State your age and residence.-Answer. My age is 35 years; my residence is Philipsburg Borough, Centre County, Pennsyl vania.

Q. How long have you resided in the borough of Philipsburg ?—A. About seven years.

Q. Where were you born?A. Huntington County, Pennsylvania. Q. Have you always been a citizen of Pennsylvania?-A. I have. Q. State whether or not you have paid a State or county tax within two years preceding the 5th of November, 1878.-A. I did not.

Q. Did any one pay a State and county tax for you within that time? -A. That I could not tell, only I have the receipt.

Q. Did the receipt show that the tax was paid?

(Counsel for the contestee objects to the question: First, because it is too leading; and, second, because the receipt itself is the best evidence of what the receipt shows.)

A. Yes, sir.

DAVID SHONTZ.

JAMES EBOCH, being produced, sworn, and examined by D. F. FORTNEY, Esq., on the part of the contestant, deposeth as follows:

Question. State your age and residence.-Answer. My age is 24 years; my residence Philipsburg Borough, Centre County, Pennsylvania.

Q. How long have you resided in the borough of Philipsburg ?—A. About twelve years.

Q. Where were you born?-A. Monroe County, Pennsylvania.

Q. How long have you been a citizen of Pennsylvania?-A. All my life.

Q. State whether or not you have paid a State or county tax within two years preceding the 5th of November, 1878.-A. It was paid for

me.

Q. State when.-A. September 2, 1878.

Q. State to whom.-A. To E. O. Mattern, collector.

Q. For what year was the tax assessed?-A. For 1878.

Q. State who paid the tax for you for the year 1878.-A. Jeff Eboch (my brother).

Q. Did you direct him to pay it for you?

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

A. I did.

Q. State whether or not you voted at the election held on the 5th of November, 1878.-A. I did vote at that election.

Q. State where you voted.-A. In the borough of Philipsburg.

Q. State for whom you voted for Congress.-A. I voted for Andrew G. Curtin.

(Counsel for contestee renews his request to have the object of the above testimony stated and wherein it is rebuttal.

Counsel for contestant maintains silence.

Counsel for the contestee objects to the testimony of this witness: First, because counsel for contestant refuse to state the purpose thereof, or wherein it is rebuttal; second, because the testimony is not rebuttal in any sense; and, reserving these objections and the right to ask the committee of Congress to strike out the same, proceeds to cross-exam

Q. To whom did you pay a State or county tax in the year 1877 ?—A. I did not pay a State or county tax in 1877.

Q. Where were you at the time that you say your brother paid your taxes of 1878 for you?-A. I was in York State.

Q. When did you go to York State?-A. I went there in the latter part of May, 1878; I think on the 29th May, but am not positive.

Q. What did you go to York State to do?--A. I went there to work. Q. Did you go to work, and at what kind of work?-A. I did go to work, and drawed bark.

Q. When did you go to work, and for whom?-A. I went to work the day after my arrival there, and worked for F. H. Perry & Company. Q. In what county were you working in York State?-A. Cattaraugus County.

Q. How long did you work for the Messrs. Perry & Company?—A. I cannot tell you. I worked there until some time in October, I think, 1878.

Q. State what time in October, 1878, you quit working for Perry & Company, as nearly as you can now remember.-A. As near as I can remember it was between the 1st and the 10th of October, 1878.

Q. How long did you stay in New York State after you quit the employ of Perry & Company ?-A. I staid there two or three days.

Q. Where did you go after you left Cattaraugus County?-A. I then went to McKean County, Pennsylvania.

Q. Did you go to work in McKean County ?-A. I did.

Q. For whom did you go to work?—A. Bradford Oil Company.

Q. State as near as you can now recollect when you began working for the Bradford Oil Company.-A. I went to work right after I got there. I cannot recollect the date-between 10th and 15th of October, 1878.

Q. How long did you work for the Bradford Oil Company after you began, on the 10th to the 15th of October, 1878?-A. I worked, I think, until about the 27th or 28th of October, 1878.

Q. How long did you remain there after you quit work on the 27th or 28th of October, 1878 ?—A. I left there the day after I quit work, as far at I can remember.

Q. Where did you go after you left McKean County?-A. I came home to Philipsburg, Centre County.

Q. State as near as you can the exact time you got to Philipsburg.A. I got to Philipsburg on the Sunday before the election of October 5, 1878.

Q. How long did you stay in Philipsburg after that?-A. I have made Philipsburg my home ever since that, except a week at a time I worked in the woods.

Q. When did you first get this receipt for State and county tax for the year 1878?-A. I am not positive whether I got it on Sunday night or Monday morning, but I think it was Sunday night.

Q. Where were you on the day that these taxes are alleged to have been paid?-A. I suppose I was in York State.

Q. Do you know of your own knowledge, outside of the date written on the receipt and outside of what anybody told you, when these taxes were paid?-A. I do not.

Redirect examination by D. F. FORTNEY:

Q. Is this the tax receipt that was given, to you after you came home?-A. It is.

(Tax receipt produced, dated September 2, 1878, and offered in evi dence. Copy as follows:)

"Received, at Philipsburg, Pa., September 2d, 1878, of James Eboch, $0.16, county and $ State, in full for year 1878. (Signed)

"E. O. MALTERN,

"Collector."

Q. State whether or not during the time you were in New York State you considered your home in Philipsburg.-A. I certainly did.

Q. State whether or not your father was with you while you were in York State.-A. My father and I were there together.

Q. State where your mother and other members of the family were while you were in York State and other counties of Pennsylvania.—A. My mother and other members of my father's family were in Philipsburg.

Q. State whether or not you were married or a single man at that time.-A. I was a single man.

Recross-examination:

Q. When did you return to McKean County after the election ?—A. I cannot recollect the date, but I passed through McKean County sometime in November on my way to New York State. I remained there ten or twelve days.

Re-direct examination:

Q. State the kind of work you did at the places you have mentioned heretofore.-A. While I was in York State I drawed bark for F. H. Perry & Co.; while I was in McKean County I drawed bark.

Q. Who was working with you?-A. My father, for one.

Q. Did you and your father board, keep house, or camp out in the woods?-A. We camped in the woods while in York State; boarded while in McKean County, Pennsylvania.

Q. Why did you direct that your taxes should be paid in the borough of Philipsburgh in the year 1878?-A. Because that was my home and I wanted to come home to vote.

Re-recross-examination:

Q. Did you ever examine the State and county tax duplicate of the year 1878 to see whether any taxes were assessed against you?—A. I did not.

JAS. M. EBOCH.

PETER WEBER, being produced, sworn, and examined by D. F. FORTNEY, Esq., on the part of the contestant, deposeth as follows:

Question. State your age and residence.-Answer. My age, 39 years; my residence is Philipsburg, Centre County, Pennsylvania.

Q. How long have you resided in Philipsburg Borough?-A. About twenty-two years.

Q. State where you were born.-A. In Philipsburg, Pennsylvania. Q. State how long you have been a citizen of Pennsylvania.-A. I never voted any other place but Philipsburg; I have never resided any. where else since I have been of age.

Q. State whether or not you have paid a State or county tax within two years preceding the 5th November, 1878.-A. Yes, sir.

Q. State where.-A. I paid one to Mr. Adams I think some time in the summer of 1878. I paid one to Jackson Gorton about the same time I paid Mr. Adams.