A. He said to put it in and vote for Curtin.

Q. Who did your father favor for Congress, Curtin or Yocum ?-A Curtin.

Q. Where were you when your father gave you your ticket?—A. I was on the street in town here. I was between court-house and the Mansion House, about four or five rods from the polls.

Q. How soon after he gave you your ticket did you vote?-A. I went right over and voted right away.

Q. Did you vote the ticket just as he gave it to you?-A. Yes, sir.

Re examined:

Q. At the election of November 5, 1878, when you voted in the election district of Lawrence Township, Clearfield County, Pennsylvania, did the election board demand or require of you any proof of qualification at said election; and, if so, what were they?-A. They asked me to swear to my age.

Q. Did you at that election before you voted swear that you believed you were between the ages of 21 and 22 years?

(Objected to as immaterial.)

A. Yes, sir; I thought I was. I thought I was born in 1856 and that would just make it, and I thought was my age or I would not have

voted.

Q. Does your father keep a family record of the birth of his children? -A. Most of them; yes, sir; all right; but mine.

Q. Is there a difference in the opinion of your father and mother as to the date of your birth? and if so, state what is the opinion of each.— My mother thinks I was born in 1856; my father thinks I was born in 1855.

Q. After making oath as to your age at the request of the election board, did they then receive your vote?-A. Yes, sir.

Recross examined:

Q. When were you born according to your father's opinion?-A. April 20, 1855.

Q. When were you born according to your mother's opinion?-A. April 20, 1856.

Q. Then, according to the opinion of either of them, you were mistaken if you made oath that you were between the ages of 21 and 22 ? (Objected to because it is improper and irrelevant.) A. I would, if that was the case; yes, sir.

And further he saith not.

Attest:

THOMAS LOOTS.

ABRAHAM OGDEN,
Associate Judge.

M. P. McDONALD affirmed.

(The same request, same reply, and objections as to other witnesses from Lawrence Township and Clearfield Borough.)

Question. Where were you born and what is your age?—Answer. Schulylkill County, Pennsylvania. I am-I will be 22 the first of next

June.

Q. Where do you reside?—A. Clearfiell Porough, Clearfield County, Pennsylvania.

Q. Are you married?-A. No, sir.

Q. Have you resided in the State of Pennsylvania for one whole year and more and in the election-district of Clearfield Borough, Clearfield

County, Pennsylvania, for more than two months immediately preceding the election of November 5, 1878 ?—A. Yes, sir.

Q. When you voted at the election of November 5, 1878, at the elec tion-district of Clearfield Borough, Clearfield County, Pennsylvania, were you then between the ages of 21 and 22 years, and did you vote at sa'd election by virtue thereof?-A. Yes, sir.

Q. For whom did you vote at said election of November 5, 1878, for Congress?-A. Mr. Yocum.

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

Q. Did the election board of Clearfield Borough of November 5, 1878, when you offered to vote require of you any proof of your right to vote! -A. Not any more than to swear me.

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

And further saith not.

Attest:

M. P. McDONALD.

ABRAHAM OGDEN,
Associate Judge.

A. E. LEITZINGR affirmed.

(The same request and same reply and same objections as to other witnesses from Clearfield Borough.)

Question. Where were you born, and what is your age ?--Answer. Clearfield Borough, Clearfield County, Pennsylvania. I was 21 years old 26th July, 1878.

Q. Are you married?-A. No, sir.

Q. Where do you reside?-A. In Clearfield Borough, Clearfield County, Pennsylvania.

Q. Have you resided in the State of Pennsylvania for one whole year and more, and in the election district of Clearfield, of Clearfield County, Pennsylvania, for more than two months immediately preceding the election of November 5, 1878 ?—A. I did.

Q. At the election of November 5, 1878, were you between the ages of 21 and 22 years, and did you vote by virtue thereof?-A. I did. Q. For whom did you vote at said election for Congress?—A. Yocum. Cross-examined:

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

Q. When you offered to vote in Clearfield Borough on November 5, 1878, what proof, if any, did the election board require of you as to your right to vote?-A. Not any; not any more than I was taken in, sworn, and signed an affidavit.

Q. Was any qualified elector of the district required to also swear to and sign a partly written and partly printed affidavit, or any other affidavit, as to your residence for two months within the election district of Clearfield Borough ?-A. No, sir.

And further saith not.

Attest:

A. E. LEITZINGER.

ABRAHAM OGDEN,
Associate Judge.

And now, 9 o'clock p. m., April 3, 1879, adjourned until 8 o'clock a. m. to-morrow morning, April 4, 1879.

And now, 8 o'clock a. m., April 4, 1879, parties by counsel being present the taking of testimony is resumed.

A. J. LARRICH sworn.

(The same request and same reply and same objections as to other witnesses from Clearfield Borough, Clearfield County, Pennsylvania.) Question. Where were you born and what is your age?-Answer. In Virginia; I will be 54 next spring.

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

Q. Where do you reside?-A. Clearfield Borough, Clearfield County, Pennsylvania.

Q. Had you within two years immediately preceding the election of November 5, 1878, paid a State or county tax which had been assessed more than two months and paid more than one month before said election.?-A. Of course, more than a month.

Q. Had you resided in the State of Pennsylvania for one whole year and more, and in the election district of Clearfield Borough, Clearfield County, Pennsylvania, for more than two months immediately preceding said election?-A. Yes, sir.

Q. Did you vote at the election of November 5, 1878 ?-A. Yes, sir. Q. For whom did you vote at said election for Congress?—A. A. G. Curtin.

Cross-examined:

Counsel for contestee, reserving all rights and objections, proceeds to cross-examine:

Q. When did you last pay a State and county tax, and to whom?—A. My wife paid the taxes last fall a year, while I was away.

Q. Can you swear what kind of tax your wife paid last fall a year?A. I can't tell you.

Q. Can you tell to whom your wife paid that tax?—A. No, I don't know; I think there is a receipt there to show.

Q. Did you pay any tax during last year, that is, any State or county? -A. No, that is back, I think.

Q. Outside of what your wife paid do you claim to have paid any State or county tax within two years?

(Objected to because the witness has already sworn in his direct examination that he had paid a State and county tax within two years immediately preceding the election of November 5, 1878.)

A. I do, last fall a year.

Q. Do you claim to have paid it yourself, and, if not, who do you claim paid it for you?-A. It was one of the Mr. Biglers, either Ed. or Harry.

Q. You were anxious to have your tax paid so as to vote at that election of 1877?-A. I was anxious to have it paid at any time.

Q. Were you not inquiring about them particularly with reference to the then approaching election ?-A. O, yes.

Q. Did Bigler tell you when he had paid your taxes?-A. He said he had paid them there, and did not say exactly the time.

Q. Did he say what kind of tax he had paid?-A. State and county. Q. Did he say to whom he had paid it ?-A. He did not. I think he said to Eli Bloom.

Q. What position did Eli Bloom hold-A. I think he was prothonotary; I don't know.

Q. Apart from what Bigler told you, you have no knowledge of the payment of those taxes, have you?-A. He told me it was paid, and that it was satisfactory to the parties.

Q. Do you know anything about it, except what Bigler told you?— A. Don't know any more than he just said it was paid.

Q. Outside of what Bigler told you he paid, do you claim to have paid any within two years?—A. I claim that was in the two years.

Q. Outside of what Bigler told you he paid, do you claim to have paid any other within two years?-A. I say that was within the two years; I don't know if I had.

Q. Besides what Bigler paid or told you he paid, do you claim to have paid any other State or county tax within two years preceding that election-A. Not as I know of.

Q. When did Ed. or Harry Bigler tell you your tax was paid?—A. Last fall a year, 1877.

Q. How did he come to tell you your taxes were paid?—A. Why, he told me he had paid my taxes for me; I was looking for a fellow to pay my tax; he told me my taxes were all right; he said they were paid.

Q. How did you come to want your taxes paid at that particular time?-A. So, something about voting, or something of that kind.

Q. That was about the time of the fall election of 1877, was it not?— A. Yes; 1877. Before the election, though.

Q. How long was that before the fall election of 1877-A. It was just about the time.

Q. What was the politics of Ed. Bigler and Harry Bigler, Democrats or Republicans?-A. They did not tell me what they were.

Q. Don't you know what they were?-A. They did not say what they were that fall; they are called Democrats.

Q. Are they not sons of Ex-Governor Bigler?

(Objected to because it is immaterial and irrelevant.)

A. Yes, sir.

Redirect examination:

Q. You are satisfied then, are you, that the taxes, I mean State and county, were paid for you in 1877, are you not?

(Objected to as leading, and as attempt of counsel to put a desired answer in the mouth of his own witness.)

A. Yes, sir.

Q. Did you indorse, and were you satisfied with the payment of your State and county tax in 1877 ?—A. I was satisfied.

Q. When you voted at the election of November 5, 1878, in the election district of Clearfield Borough, Clearfield County, Pennsylvania, was your vote challenged ?-A. No, sir; they just asked me my name. And further saith not.

Attest:

A. J. LARRICH.

ABRAHAM OGDEN,
Associate Judge.

CYRUS FAUZEY Sworn:

(The same request and same reply and same objection as in the case of the other witness from Clearfield Borough and Lawrence Township: and the further objection is made by counsel for contestee to this witness that no notice for the taking of his testimony was given contestee or his counsel. The only notice given was of H. C. Fauzey, which so completely disguised and obscured the identity of the witness as to de prive contestee and his counsel of that notice to which the year entitled by law.)

Question. What is your full name?-A. Cyrus Fauzey. (Witness withdrawn.)

WILLIAM TATE affirmed.

(Same request and same reply and same objections as to other witnesses from Clearfield Borough and Lawrence Township.

Question. Where do you reside?-Answer. Lawrence Township, Clearfield County, Pennsylvania.

Q. What is your full name?-A. Generally call me William Tate. I am too poor to afford a middle name.

Q. Do you know of any other person residing in the election district of Lawrence Township, Clearfield County, Pennsylvania, who has the same name as yourself, that is, William Tate?-A. No; I don't know of the same; there is two William Tates, but they have a middle name.

Q. What is your age?—A. I am 70 years.

Cross-examined:

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

Q. Where were you born?-A. Lawrence Township, Clearfield County, Pennsylvania.

Q. Have you not lived there all your life time?—A. Yes, sir; ever since I was born.

Q. Had you within two years and more than one month preceding the general election of November 5, 1878, paid a State or county tax which was assessed over two months before that time?-A. Yes, sir; I paid such tax to D. McGaughy, county treasurer, in spring of 1878.

Q. Are you married; and, if so, did your family reside with you continuously for the one year or more immediately preceding the election of November 5, 1878, in Lawrence Township, Clearfield County, Pennsylvania-A. Yes, sir.

Q. Did you vote in the election district of Lawrence Township at the general election of November 5, 1878; and, if so, for whom did you vote for Congress at said election ?-A. Yes, sir; for Yocum.

And further saith not.

Attest:

WM. TATE.

ABRAHAM OGDEN,
Associate Judge.

A. C. SMITH sworn.

(The same request, same reply and same objections as in other witnesses from Clearfield Borough and Lawrence Township.)

Question. Where were you born, and what is your age?-Answer. Clearfield County, Pennsylvania. I am 21; born in 1857, 5th October. Q. Where do you reside ?-A. Lawrence Township,'Clearfield County, Pennsylvania.

Q. Are you married?-A. No, sir.

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

Q. At the election of November 5, 1878, were you between the ages of 21 and 22 years, and did you vote by virtue thereof?-A. Yes, sir. Cross-examined:

(Counsel for contestee, reserving all rights and objections, proceeds to cross examine.)

Q. For whom did you vote for Congress at the election of November