one month and assessed at least two months before the election of No. vember 5, 1878 ?—A. Yes, sir; I paid it to county treasurer, and bave his receipt; I have not it along; about the 28th June, when treasurer was on his annual tour collecting taxes through the county, June, 1878. Q. Are you a married man?-A. Yes, sir.

Q. Did your family reside with you for the one whole year or more immediately preceding the election of November 5, 1878 ? A. Yes, sir. Q. When you offered to vote in Bell Township on November 5, 1878, did the election board require of you any proof of your right to vote?— A. No, sir.

Q. Had you any position on the board; and, if so, what was it ?—A. Yes, sir.

And further saith not.

Attest:

SAMUEL T. MECKLEY.

ABRAHAM OGDEN,
Associate Judge.

EMANUEL HUNCHBARGER affirmed.

(Counsel for contestee asks the counsel for contestant to state what is proposed to be proven by this witness and the purpose thereof.

Counsel for contestant refers counsel for contestee to the answer made to John W. Haslet and T. Jefferson Bloom, witnesses previously called and sworn in this case.

Upon which counsel for contestee objects to the witness for the purpose stated and for any other purpose as not properly rebuttal, and reason stated more fully in the objection to T. Jefferson Bloom's testimony and to the testimony of other witnesses, and reserving all rights and objections as therein.)

Question. Where were you born?-Answer. Clarion County, Pennsylvania.

Q. Are you married?-A. Yes, sir.

Q. Where do you reside?—A. Knox Township, Clearfield County, Pennsylvania.

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

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

Q. Did you vote in the election district of Knox Township, Clearfield County, Pennsylvania, at the election of November 5, 1878-A. Yes, sir.

Cross-examined:

(Counsel for contestee, reserving all rights and objections, and especially the right to move the committee to strike out the whole of the testimony of this witness, for the reasons stated thereto, proceeds to cross-examine.)

Q. For whom did you vote for Congress at said election ?-A. I voted for Mr. Curtin.

Q. Did the election board of Knox Township, at that election, require of you any proof of your right to vote ?-A. Yes, sir; they swore me the day that I voted.

Q. Did they require you to sign or swear to any partly written or partly printed affidavit, or any other paper?-A. No, sir.

Q. When did you pay your State or county tax?-A. This last fall a year ago. I paid it to Mr. William Bloom. I got no receipt; at the same time I was qualified.

And now, 12.10 p. m. April 1, 1879, adjourned until 1.15 o'clock p. m.'

And now, 1.15, the taking of testimony resumed, April 1, 1879.
S. D. BAILEY sworn.

(Counsel for contestee asks the counsel for contestant to state what is proposed to be proven by this witness and the purpose thereof.

Counsel for contestant refers counsel for contestee to the answers made to John W. Haslet and T. Jefferson Bloom, witnesses previously called and sworn in this case.

Upon which counsel for contestee objects to the witness for the purpose stated and for any other purpose as not properly rebuttal, for reasons stated more fully in the objections to T. Jefferson Bloom's testimony and to the testimony of other witnesses, and reserving all rights and objections as therein.)

Question. When and where were you born?—A. In 1856; Pike Township, Clearfield County.

Q. What month ?-A. June. I call it the 3d of June, but I am not positive that that is the day.

Q. Did you vote in Pike Township, Clearfield County, Pennsylvania, on the 5th of November, 1878?-A. Yes, sir.

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

Q. What is your first name and how do you generally write your whole name?-A. Samuel. I generally write it S. D. Bailey; sometimes Samuel D. Bailey.

Cross-examined:

(Counsel for contestee reserving all rights and objections, especially the right to move the committee to strike out the whole of the testimony of this witness for reasons stated in objection to his testimony, proceeds to cross-examine.)

Q. Did you reside in Pike Township, Clearfield County, Pennsylvania, for the one whole year or more continuously and immediately preced ing the election of November 5, 1878 ?—A. Yes, sir.

Q. Had you within two years and more than one month preceding that election paid a State or county tax which had been assessed at least two months before that election ?-A. No, sir; I don't hardly think I had. I don't recollect the time exactly; as near as I can remember it was about the 6th of September, A. D. 1878.

Q. To whom did you pay that tax?-A. To Lewis I. Bloom.

Q. Was it not, then, paid over one month before the election of No. vember 5, 1878 ?—A. I could not be positive; as near as I can recollect I think it was.

Q. How long had Lewis I. Bloom, the collector, that tax against you before you paid it ?-A. I don't know.

Q. Had he had it for some time?-A. I think he had.

Q. Did you get a receipt from him for the payment of that tax ?—A. Yes, sir.

Q. Have you the receipt with you?-A. No, sir.

Q. When you were subpoenaed to testify for contestant, were you requested or notified in any way to bring that receipt with you?-A. No, sir.

Q. If you had been so requested would you have brought the receipt with you?-A. I could not have done it. I have not got the receipt, I destroyed it.

Q. When?-A. This winter sometime; I don't recollect just when. Q. How you came to destroy it ?-A. Í did not think of voting in the township election-Morris Township-it was in the road in my pocket when I took my watch key out, and I think I threw it in the stove.

Q. Had you at the time any knowledge of any intention to contest your right to vote at election of November 5, 1878?-A. No, sir.

Q. Is your best recollection that you paid that tax over one month before the election of November 5, 1878?-A. I think I did.

Q. When you offered to vote on November 5, 1878, at the election in Pike Township, was your vote challenged ?-A. No, sir.

Q. Was Lewis I. Bloom, the collector, present when you offered to vote?-A. I did not see him.

Q. Did the board of election on that day when you offered to vote require any proof of your right to vote ?-A. No, sir.

Q. Who was present when you paid your tax to Lewis I. Bloom, if any one?-A. Daniel Faust; there were some others in the store, but I do not recollect who they were.

Q. In whose store was it?-A. In Daniel Faust's store at Curwinsville.

Q. Was Mr. Faust present on that day?-A. Yes, sir.

Q. Did you buy anything in the store that day --A. I don't recollect; think not.

Q. What time of day was it?—A. I think it was in the afternoon. Q. Where are you living now?-A. My home, in Pike Township. Q. Where is your post-office address?—A. Curwinsville.

Re-examined:

Q. Was your name on Lewis I. Bloom's duplicate for 1878 ?—A. I think my name was down in the book.

Q. Do you swear that your name was on the duplicate?

(Counsel for contestee before the witness answers this question asks the purpose of it be stated by contestant's counsel.

Contestant's counsel proposes to now examine the witness as to matters relating to his assessment in answer to cross-examination of contestee.

Contestee, by counsel, asks the purpose of the question just asked witness be stated more specifically, in order that it may appear whether it is proper question for contestant's counsel to ask their own witness. Contestant's counsel states the examination to follow will show whether it is proper examination or not.

Contestee, by counsel, insists that the purpose of question be specific ally stated.)

A. No, sir.

Q. Who put your name on the copy of the September registry which was sent from the commissioner's office to Lewis I. Bloom?-A. I did. Q. Who put down the 50 cents in figures on that list opposite your name?-A. I can't answer; I don't know.

Q. Do you swear that you did not put that down at the same time that you wrote your name; that is, mark the 50 cents in figures opposite your name?-A. I don't remember whether I did, or whether I did not. Q. Don't you remember that you were not assessed on any of Bloom's duplicates and lists, and that was the reason you put your name yourself on that list?-A. I put my name down because he told me to (the collector, Lewis I. Bloom).

Recross-examined:

Q. When did Lewis I. Bloom tell you that, and how did he come to tell you?—A. He told me at the time I paid my tax; I had been sick with typhoid fever and was not assessed; I went to pay my tax and he said it would be all right; he handed me the list and told me to write my name, which I did, without asking any further questions.

Q. Who was the assessor for Pike Township, for 1878?—A. I don't recollect.

Q. Do you know if your name was in the registry-list of voters for 1878-A. I do not.

Q. Did you read your ticket so as to be able to swear for whom you voted for Congress ?-A. I read it.

Q. Can you swear that you voted for Yocum for Congress ?—A. I

can.

Q. Had you paid any other State or county tax before this?-A. No, sir.

Q. Have you no way of fixing definitely the time you paid Bloom in Faust's store?-A. Not that I know of.

Q. Fix the date according to your best recollection?-A. I think it was near the first of September, about the sixth.

Q. Where have you been living since the 1st of January, 1879 ?-A. Kylertown, Morris Township, Clearfield County, Pennsylvania.

Q. Where was your post-office address during that time?-A. Kylertown, Clearfield County, Pennsylvania.

Q. When did you leave Kylertown?-A. Yesterday morning.

Q. From the 1st of January, 1879, until yesterday morning, have you been in Pike Township, Clearfield County, Pennsylvania, at all?—A. No, sir.

Q. How long before the 1st of January, 1879, had you been in Morris Township?-A. Between two and three months.

Q. Then you had been living in Morris Township for nearly five months prior to yesterday morning?-A. Yes, sir.

Q. How many families by name of Bailey reside in Pike Township, this county?-A. Five that I know of.

Q. About how many persons to each family that are adult male persons?-A. About two voters to each family; about ten altogether.

Q. How many persons by the name of Samuel Bailey besides yourself live in Pike Township that yon know of?—A. One.

Q. How many persons of that name in the county that you know of? -A. I think there are four; that is, three besides myself.

Q. Where were you living when the subpoena was served on you to appear and testify ?-A. Kylertown, Morris Township, Clearfield County, Pennsylvania.

Q. Was that not then your residence, and had it not so been for sev eral months-A. Yes, sir; it had been. My school was out, and I was just coming home when I was subpoenaed.

Q. What were you doing while in Morris Township?-A. Teaching school.

Q. When did you change your residence from that place to Pike Township?-A. Yesterday.

Q. About how far is it from Kylertown to Pike Township?-A. Twenty-two miles.

(Contestee, by counsel, now objects to the testimony of the witness, and asks that the whole of it be stricken from the record, for the reason that it now appears by the testimony of the witness that his residence was in Morris Township until yesterday morning, and no notice, such as required by act of Congress regulating the proceeding of contested elections, was given contestee or his counsel of the taking of his testimony, the only notice given and served being the one served on March 25, 1879, which named the witness as S. D. Bailey, and fixed his residence as in Pike Township, Clearfield County, Pennsylvania, thereby disguis ing and obscuring the identity of the witness so completely as to deprive contestee or his counsel of that notice to which he is entitled by law.) Re-examined:

Q. Is there any other S. D. Bailey or Samuel D. Bailey in Pike Township, Clearfield County, Pennsylvania?-A. I think not.

Q. Has not your permanent home, when you are not away working or teaching school, always been in Pike Township, Clearfield County, Pennsylvania?—A. Yes, sir.

Recross examined:

Q. What book of Bloom's was your name in ?-A. I am not certain; it seems to me what authority I took I was asking him about my name, and if I remember rightly, I think he said he had my name in a book.

Q. Did he or did he not say anything about having got your name from the assessor of Pike Township?-A. I think he spoke something about my name, but there were very few words passed between he and I.

Q. Had the assessor of Pike Township been notified by you or any one for you to assess you ?-A. Never, that I heard.

Q. How long before the election of November 5, 1878, had your residence been in Pike Township?-A. All my life.

Q. When did Bloom say he had got your name, as nearly as you can recollect?

(Objected to because the witness has already stated that he himself wrote his name on the list, and there is no evidence that Bloom got his name from any other place.)

A. Don't remember him saying anything about it; I remember very little about it; it just seems to me that he said he had my name.

Q. Where was Faust standing, and where were you and Bloom standing, and how close was he to you in the store?-A. I don't recol· lect how close Faust was, but Bloom and I were standing at the counter. Q. Did Faust notice the transaction ?—A. Yes, sir; I think he did. Q. Have you a letter signed by Daniel Faust, and also signed by William Bard, of Curwinsville, stating that they were present when you paid those taxes in Faust's store, and that they recollect the transaction distinctly, and will refer to that letter now in your possession to refresh your recollection?

(Objected to, for the reason that this method of introducing the unsworn declarations of third persons is contrary to all rules of evidence, and the counsel must be of the opinion the Congressmen either know no law or are bound to recognize no rules of evidence in the admission or rejection of testimony.)

A. Yes, sir. (Witness refers to letter.)