G. W. BECK affirmed.

Question. Were you a citizen of the United States for more than one month immediately preceding the election of November 5, 1878 ?

(Counsel for contestee object to this and all questions that may be asked the witness touching his right to vote, and for whom he voted, for the reason that the same is not legal evidence in rebuttal.)

Answer. Yes, sir.

Q. Did you reside in the State of Pennsylvania more than one year immediately preceding the election of November 5, 1878, and in the election district of Woodward Township, Clearfield County, for more than two months immediately preceding said election?-A. Yes, sir.

Q. Were you on November 5, 1878, more than twenty-two years of age? A. Yes, sir.

Q. Did you pay a State or county tax within two years immediately preceding the election of November 5, 1878, which had been assessed at least two months and paid at least one month before said election?—A. Yes, sir.

Q. Did you vote in Woodward Township, Clearfield County, Pennsylvania, at the election of November 5, 1878, and, if so, for whom did you vote for Congress?-A. I did; I voted for Andrew G. Curtin.

Cross-examined:

(Counsel for contestee, reserving all legal exception and objections, proceeds to cross-examine.)

Q. Are you married?—A. Yes.

Q. Where does your wife reside?-A. In Houtzdale.

Q. How long has your wife resided in Houtzdale, Clearfield County, Pennsylvania?-A. A little over a year.

Q. Is she keeping house in Houtzdale ?-A. Yes, sir.

Q. Do all of your children live with her in Houtzdale?—A. No, sir; they don't.

Q. Do any of them?-A. Three of them are with her.

Q. Where do the other children live, and how many are there of them?-A. I have one with me; there are four.

Q. Do you mean there are four altogether, and three live with your wife and one with you?-A. Yes, sir.

Re-examined:

Q. Have you and your wife separated?-A. Yes, sir.

Q. Did she leave you?-A. Yes, sir.

Q. How long have you resided continuously in Woodward Township, and was that your home when your wife lived with you?-A. That was my home, and we lived in Woodward Township since 1866, when we were married.

Q. Then I understand you to say, do I, that Woodward Township has been your home since 1866?-A. It has been my home a good deal longer than that; I was not settled down. I came to Woodward Township in 1864, and have been there ever since.

Q. You never moved your family to Houtzdale Borough, nor never had your home in the borough had you?

(Objected to as leading.)

A. No, sir.

Q. Where is your home now?-A. In Woodward Township.

And further saith not.

Attest.

[SEAL.]

G. W. BECK.

JNO. W. WRIGLEY,
Notary Public.

And now, April 5, 1879, contestee by counsel hereby withdraws the objection made to the calling and examination of Solomon Langstadler, whose testimony was taken on the - day of April, 1879, and his testimony to have same effect as if his name had been written Solomon Langstadler instead of Solomon Langstatler.

WILLIAM ROWLES affirmed.

CYRUS GORDON,

Of Counsel for Contestee. J. F. SNYDER,

Of Counsel for Contestant.

Question. Where were you born and what is your age?

(Counsel for contestee objects to this and all questions that may be asked the witness touching his qualifications as a voter or for whom he voted, for the reason that the same is not legal evidence in rebuttal but is original testimony or evidence in chief, and therefore improper, and because no opportunity will be afforded contestee to explain or contradict the same or impeach or discredit the witness.)

Answer. I was born on the 2d March, 1819, in Pennsylvania, Clearfield Town.

Q. Where did you reside on the 5th day of November, 1878?—A. In Woodward Township. I was

Q. Had you resided in the State of Pennsylvania for one whole year and in the election district of Woodward Township for at least two months last preceding the 5th day of November, 1878?-A. Yes, sir.

Q. Had you within two years immediately preceding the 5th day of November, 1878, paid a State or county tax which had been assessed at least two months and paid at least one month prior thereto ?—A. Yes, sir.

Q. To whom did you pay such tax?-A. Thomas Henderson.

Q. Did you vote in the election district of Woodward Township on the 5th day of November, 1878; and, if so, for whom did you vote for Congress-A. I voted in Woodward Township. I voted for Andrew Curtin.

Cross-examined:

(Counsel for contestee, reserving all objection heretofore made to testimony of this witness, or to anything he may hereafter testify to, and reserving all legal exceptions, proceeds to cross-examine.)

Q. Have you a receipt for tax you paid to Henderson?-A. Yes, sir. Q. Will you produce it?-A. No, I can't; I haven't got it with me. The 3d day of October, I paid it, 1878.

Q. Did you pay that tax yourself and in money?—A. I paid it in money, myself.

Q. On what day of the week was it you paid that tax?—A. I cannot tell that.

Q. Are you sure that it was paid on the 3d day of October?-A. That is as near the time as I can know; that is my recollection.

Q. Might it not have been on the 6th of October that you paid that tax?-A. No; I don't think it was.

Q. Where was Henderson when you paid him that tax?-A. I don't know whether he was at home or down at Flynn's Camp; don't recollect.

Q. Had you paid any other State or county tax within the two years?A. No, sir; that was last I paid.

Q. Are you sure you paid that tax to Henderson as much as a month before the election of November 5, 18782-A. Yes, sir.

Re-examined:

Q. What is the date of your receipt?-A. As near as I can recollect

Question. Where were you born, and what is your age? (Counsel for contestee objects to this and all questions that may be asked the witness touching his qualifications as a voter or for whom he voted, for the reason that the same is not legal evidence in rebuttal, but is original testimony or evidence in chief and therefore improper, and because no opportunity is afforded contestee to contradict or explain the same or impeach or discredit the witness.)

Answer. I was born in the county of Tyrone, Ireland; I was fifty-eight the 11th day of last November.

Q. Are you a naturalized citizen of the United States?-A. Yes, sir. Q. When and where were you naturalized?—A. Clearfield Borough; I think in 1863.

Q. Were you naturalized at Clearfield in open court?

(Objected to for the reason that the certificate of naturalization is the best evidence.)

A. Yes, sir.

Q. How long since your naturalization have you been a voter in Woodward Township?-A. Ever since.

Q. Where did you reside on the 5th day of November, 1878?—A. In Woodward Township, Clearfield County, Pennsylvania.

Q. Did you reside in the State of Pennsylvania for one whole year and in the election district of Woodward Township for at least two months last preceding the 5th day of November, 1878?-A. Yes, sir. Q. Had you within two years immediately preceding the 5th day of November, 1878, paid a State or county tax which had been assessed at least two months and paid at least one month prior thereto ?-A. Yes, sir.

Q. Did you vote in the election district of Woodward Township on the 5th day of November, 1878; and, if so, for whom did you vote for Congress?-A. I did; I voted for Andrew G. Curtin.

Q. Do you know Mr. H. Stone?-A. Yes, sir.

Q. Did you give him a ticket on the 5th day of November, 1878?-A. I did.

Q. Was Andrew G. Curtin's name upon that ticket for Congress?A. Yes, sir.

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

Q. Did you give him a ticket upon the 5th day of November, 1878?A. I did.

Q. Did that ticket have Andrew G. Curtin's name upon it for Congress-A. Yes, sir.

Cross-examined.:

(Counsel for cont estee reserving all objections heretofore made to the testimony of the witness, and renewing the same as to anything he may hereafter testify to, and further reserving all legal exceptions to his testimony, proceeds to cross-examine him.)

Q. When did M. H. Stone pay you his State and county tax? (Objected to because it is not cross-examination, counsel for contestant not having interrogated witness in relation to the tax of M. H. Stone or any other person.)

A. Well, he was working for me then on the farm and he asked me to pay them and I gave him a receipt; I collected at the same time and made a return of the same to the county treasurer; I gave him a receipt and marked it on the book paid.

Q. Did you charge him on your book with the taxes paid by you for him?-A. Yes, sir.

Q. Upon what date did you make the charge? (Objected to as immaterial and irrelevant.)

A. I think about the same day or the next day; I am not sure which. Q. Can you give the date on which you made the charge against M. H. Stone for his taxes?-A. It was either the 3d or 4th of October; we were thrashing.

(Counsel for contestant protests against any further cross-examination of this witness upon other than the matter touched upon in his examination-in-chief. If counsel for contestee persists in following such a line of cross-examination, it is unprofessional, and a plain violation of the laws of evidence and the courtesy due the counsel for contestant.) And further saith not.

Attest:

[SEAL.]

JOHN BENNETT sworn.

THOMAS HENDERSON.

JNO. W. WRIGLEY,

Notary Public.

Question. Where was you born, and what is your age?—Answer. About fifty or thereabouts. I was born in Ireland.

(Counsel for contestee objects to this and all other questions that may be asked the witness touching his qualification as a voter, or for whom he voted, for the reason that the same is not legal evidence in rebuttal, but is original testimony and evidence in chief, and therefore improper, and because no opportunity is afforded contestee to explain or contradict the same or impeach or discredit the witness.)

Q. Are you a naturalized citizen of the United States?—A. Yes, sir. Q. When and where were you naturalized?-A. In Elk County, Pennsylvania. I could not exactly tell the year; it was at or about the close of the war; about 1865.

Q. Were you naturalized in Elk County in open court?-A. Yes. Q. Where did you reside on the 5th day of November, 1878?-A. I lived in Houtzdale Borough.

Q. Had you resided in the State of Pennsylvania for one whole year and in the election district of Houtzdale Borough for at least two months last preceding the 5th day of November, 1878?-A. Yes, sir.

Q. Had you, within the two years immediately preceding the 5th day of November, 1878, paid a State or county tax which had been assessed at least two months and paid at least one month prior thereto ?-A. Yes, sir.

Q. Did you vote in the election district of Houtzdale Borough on the 5th day of November, 1878; and, if so, for whom did you vote for Congress?—A. I voted in the borough that time, but I don't just exactly know who I voted for for Congress.

Q. What ticket did you vote?-A. The Democratic ticket.

Q. From whom did you get your ticket?—A. That I could not say;

I don't know; some man gave me a ticket as I was going up to the polls.

Cross-examined:

Counsel for contestee, reserving all objections heretofore made to the testimony of this witness, and renewing the same as to anything he may hereafter testify to, reserving all legal exceptions to his testimony, proceeds to cross-examine:

Q. Did you vote for Andrew G. Curtin for Congress ?-A. Not to my knowledge.

Q. Did you intend to vote for Andrew G. Curtin for Congress?—A. No, sir.

Q. Did you not scratch the name of Andrew G. Curtin from your ticket?—A. No; I asked the man that gave me the ticket was Curtin's name on that ticket. He said no. Whether it was or was not I don't know. I am no scholar, and could not read it.

Q. Do you feel certain that you did not vote for Andrew G. Curtin? (Objected to; the witness's feelings have nothing to do with the case at issue.)

A. That's a question I could not answer. I took the man's word for what I tell you, and that's all I can say about it.

Q. Then, if you did vote for Curtin, it was not your intention to do so, was it?-A. Not from reasons that I had of my own. And further saith not.

his

JOHN + BENNETT. mark.

Attest: [SEAL.]

JNO. W. WRIGLEY,

Notary Public.

April 5, 1879, 6 o'clock p. m., adjourned until 7 p. m.

JOSEPH DELEHUNT Sworn.

7 O'CLOCK P. M.

Question. Where were you born and what is your age?-Answer. Indiana County, Pennsylvania. I am forty-one years of age.

Q. Where did you reside on the 5th day of November, 1878?-A. Åt Sterling, Woodward Township, Clearfield County.

Q. Had you resided in the State of Pennsylvania for one year, and in the election district of Woodward Township for two months next preceding the 5th of November, 1878?-A. Yes, sir.

Q. Had you, within the two years preceding the 5th day of November, 1878, paid a State or county tax which had been assessed at least two months and paid at least one month prior thereto?-A. I had.

Q. Did you vote in the election district of Woodward Township on the 5th day of November, 1878; and, if so, for whom did you vote for Congress?-A. I did; and I voted for Andrew G. Curtin for Congress. No cross-examination.

And further saith not.

Attest: [SEAL.]

JOSEPH DELEHUNT.

JNO. W. WRIGLEY,
Notary Public.

April 5, 1879, at 10 o'clock p. m., adjourned until 7.30 Monday, April 7, 1879.