JOHN NISSEL sworn and examined.

(The counsel for contestee makes the same objections to the examination of this witness there was made to the examination of Charles D. Utley.)

Question. What is your name?-Answer. John Nissel.

Q. Were you sworn in this contest heretofore?-A. Yes, sir.

Q. Who were inspectors of the election held in Benzinger Township November 5, 1878?—A. George Decker and John Brindle.

Q. Who were the clerks ?-A. George Fritz and John Nissel.

Q. State whether or not John Brindle was out of the election-house November 5, 1878, during the election and count of the vote?-A. He

was.

Q. How long was he out?-A. I don't know.

Q. About how many minutes?-A. Twenty, or twenty minutes, I should think.

Q. What did he say before he went out?-A. He said he thought there wasn't to be done just now and he could go out a little while. Q. Was there a fence around Benzinger election poll?-A. Yes, sir. Q. Was he outside of the fence?—A. I didn't see him outside'; I don't know whether he was or not.

Q. In your testimony in chief, when on the stand in this case as a witness on part of contestee, you stated three men were in the electionhouse in Benzinger Township; now, when were those three men there? -A. In spring election, 1879; I made a mistake in that.

Q, What was the mistake?-A. I stated that they were there in the fall election of 1878.

Q. Were you present in the board all day and evening?-A. I was. Q. Was there a majority of the election board present all day and evening during the count, November 5, 1878?-A. Yes, sir.

Q. Did you see any member of the board have any whisky or bottles of whisky during that election?-A. I did not.

Q. Do you know Andrew Kaul?-A. Yes, sir.

Q. State whether or not he is an honest, upright, and fair man.— A. He is honest and upright as far as I know him.

Q. How long have you known him?-A. About fifteen years.

Q. State whether or not the members of the election board of November 5, 1878, were strict in the performance of their duties.-A. They were strict, in my judgment.

Q. Do you know George A. Decker?-I do.

Q. How long have you known him?-A. About twelve or fifteen years. Q. What was his conduct on that board as to the strictness of his duties?-A. He was strict in performing his duties.

Q. State whether or not persons other than the election board were permitted to come near the ballot-box that day.-A. They were not. Q. Did you have any conversation with Joseph Kerner, assessor, in regard to the name of Young?-A. I had.

Q. What was it?-A. He said that Young ought to be spelled Jung. Q. What is the German for the name Young?-A. Jung.

Q. Was there anything said about the name of Young at the time the Messrs. Young voted?-A. I think so.

Q. What was it?-A. I think I said myself I would spell the word as it was spelled in the register; I am not positive any more.

Q. State whether or not Philip and Peter Jung voted as Philip and Peter Young.-A. They were the same men.

Q. State whether or not any persons who offered their vote and were not challenged were refused by the board.-A. Yes, sir; they were.

Q. Why?-A. Being over twenty-two years old, and not having paid any taxes.

Q. State whether or not Ignatius Krotzinger and Ignatius Grotzinger is the same man.-A. I know but one man of that name.

Q. Is he sometimes called Krotzinger?-A. I never paid any attention to it.

(Counsel for contestee reserves all legal exceptions in cross-examination.) Cross-examined:

Q. Mr. Nissel, were you a member of the election board who held the election in Benzinger Township on the 5th of November last?-A. I was. Q. What position did you occupy on the board?—A. I was clerk. Q. Who was judge of the election?-A. Philip Young.

Q. What position did Mr. Briendel occupy on the board?-A. He was one of the inspectors.

Q. When Mr. Briendel was out how many members of the board remained in the room where the election was held?-A. Four.

Q. Then you had a full board almost all the time, had you ?—A. We had.

Q. Did you have in the room a registry-list of the voters for the elec tion district composed of Benzinger Township? A. Yes, sir.

Q. When a man came to vote, before receiving his vote did you look for his name on the registry-list?-A. Not always.

Q. When a voter had voted did you check his name off on the registrylist?-A. Not every time.

Q. When a voter offered to vote whose name was not on the registrylist, did you require him to make any affidavits?-A. Yes, sir.

Q. What did you do with these affidavits?-A. Gave them to the return judge.

Q. Did you take such an affidavit from every man who voted and whose name was not on the registry list ?-A. As much as I know. When we knew that his name was not on, of course we made out an affidavit.

Q. Did you do this for every unregistered voter?-A. I don't know. Q. Did you require persons who offered to vote to produce their tax receipts? A. Yes, when we doubted whether they paid tax or not. Q. Did you require all unregistered voters to produce a tax receipt? -A. Yes, when we knew that they were not registered, except those that voted on age.

Q. Why did you not check off the names of the voters on the registrylist when they voted?-A. We thought it was not necessary, and sometimes we did not have time.

Q. Then why did you check off any at all?-A. Sometimes we wanted to see how they were spelled on the registry-list.

Q. Do you not know that it was a part of your duty to check off the name of every man on the registry-list when he voted with the letter "V"?-A. No, sir; I didn't know that.

Q. Don't you know that it was another part of your duty to require affidavits of unregistered voters before receiving their votes ?-A. I đo know it.

Q. Did the election board require John Gahn to make an affidavit?— A. I don't recollect.

Q. Did you require Felix Reisman to make an affidavit?-A. I think

not.

Q. Did you require either of these men to show a tax receipt or make proof of payment of tax?-A. I don't know.

Q. Do you not know that it is also a part of the duty of the election officers to require unregistered voters to produce tax receipts or make proof of payment of taxes before receiving their votes?-A. I know that is part of the inspector's duties.

Q. Did the inspectors require the receipts or proof from unregistered voters?-A. As far as I know, they did.

Q. Did they require this from John Gahn?-A. I don't recollect. Q. How, then, do you come to recollect that the election board performed their duties, when you can't recollect these particulars?-A. Because they very frequently asked questions of the clerks and other members of the board.

Q. Are Philip and Peter Young commonly called and known in this community by the name of Young or Jung?-A. I think the Germans call them by the name of Jung and the English by Young.

Q. Were their names on the registry-list on the 5th of November last? -A. I think so.

Q. How was it spelled on the registry-list?-A. I think Jung.

Q. Are you not positive?—A. No, sir; I am not positive.

Q. By what name did they vote?—A. Well, I don't know.

Redirect examination:

Q. Do you know Frank or Felix Reisman ?—A. I don't know whether I know him or not. I know he is in the convent.

Q. Is he one of the brothers?-A. Yes, I think so.

Q. In your cross-examination you said it was your duty to take affidavits of unregistered voters before receiving their votes; state whether you mean your duty or the duty of the board.-A. I mean the duty of the board.

CHARLES WEIS sworn and examined.

JOHN NISSEL.

(The counsel for contestee makes the same objections to the examination of this witness that were made to the examination of Charles D. Utley.)

Question. What is your name?-Answer. Charles Weis.

Q. Where do you reside?—A. In Saint Mary's, Elk County.

Q. In what township?-A. Benzinger.

Q. How long have you lived there?-A. I have lived there on and off

six years.

Q. Are you a citizen of the United States and of the State of Pennsylvania?

(Counsel for contestee objects to question as leading.)

A. Yes, sir.

Q. Have you paid a State or county tax within two years which was assessed at least two months and paid at least one month before the 5th of November, 1878?-A. Yes, sir.

Q. Did you vote for any person for the office of member of Congress for the twentieth Congressional district of the State of Pennsylvania at the election held in Benzinger election district November 5, 1878 ?—A. Yes, sir.

Q. For whom did you vote for said office?-A. Curtin.

Q. State whether or not it was Andrew G. Curtin.-A. That's what they all call him. I don't know the man himself.

(The counsel for contestee reserves all legal exceptions in the crossexamination of this witness.)

Cross-examined:

Q. Where were you born?—A. In Saint Mary's.

Q. How old are you?-A. Twenty-nine the last January 1.
Q. Have you lived in Elk County all your life?—A. No, sir.
Q. Where have you lived?—A. In Warren County.

Q. When did you go there?—A. I went there in winter of 1869. Q. How long did you stay in Warren County ?-A. About two years and a half; not altogether; I moved around a little.

Q. When did you come back again to Elk County?-A. In 1872. Q. Have you lived in Benzinger Township ever since 1872?-A. All excepting the two first years after my return, then I was living in the borough.

Q. Then you have lived in the township about four years?-A. Altogether, yes.

Q. Have you been living there continuously for about four years?A. Yes.

Q. When you voted at the election on the 5th of November last was your name on the registry list of voters for the election district composed of Benzinger Township?-A. Not as I know of.

Q. Did the officers who held that election require you to make an affidavit as to your residence being sufficient to enable you to vote?—A. No, sir.

Q. Did you make such an affidavit?—A. No, sir.

Q. When did you pay a State or county tax last?-A. In 1876. Q. When you voted did the election officers require you to show a tax receipt?-A. No, sir.

Q. Did you show such a receipt?-A. No, sir.

Q. Did the election officers require you to make an affidavit that yon had paid the proper State and county tax?—A. No, sir.

Q. Did you make any such affidavit ?-A. No, sir.

Q. For whom did you say you had voted for Congress on November 5, 1878?-A. Andrew G. Curtin.

Redirect examination:

Q. State whether or not you paid a State or county tax in 1877.-A I don't know whether I paid tax in 1875 and 1876 or in 1876 and 1877. I have my receipts at home.

Q. State whether or not the last State or county tax you paid was paid within two years before November 5, 1878.-A. To the best of my knowledge they were.

Recross-examination:

Q. Did you not pay your State or county tax in October, or earlier, in the year 1876, so as to vote at the general election in 1876 -A. I did. CHARLES WEIS.

JACOB SIMONES sworn and examined. (Counsel for contestee makes the same objections to the examination of this witness that were made to the examination of Charles D. Uttley. Question. What is your name?-Answer. Jacob Simones.

Q. How old are you?-A. I was 27 years old the 23d day of March. 1879.

Q. Where do you reside?—A. I live in the township, near Nemiller's Q. State whether or not you live in Benzinger Township.—A. I don't know the name of the township.

Q. How long have you lived there?-A. It will be two years now since I moved out there.

Q. What is your business?-A. I am driving team for Kaul.

Q. Are you a citizen of the United States and of the State of Penn sylvania?-A. Yes.

Q. Have you paid a State or county tax within two years which was assessed at least two months and paid at least one month before the 5th of November, 1878?-A. I paid a county tax.

Q. To what political party do you belong?-A. To the Democratic. Q. Did you vote for any person for the office of member of Congress at the election held in Benzinger Township November 5, 1878 ?—A. I voted the Democratic ticket.

Q. From whom did you get your ticket?-A. I don't know; it was either Andrew or John Kaul, or Frank Wenuth.

Q. To what political party do they belong?-A. To the Democratic. (Counsel for contestee reserves all legal exceptions in cross-examining this witness.)

Cross-examined:

Q. Where were you born?-A. In Warren County, Pennsylvania. Q. When did you come to Elk County?-A. I came to Elk County when I was 24 years old.

Q. Have you been living in Elk County ever since?—A. Yes; I was home twice.

Q. Where is your home you went to twice?-A. In Warren County. Q. Did you go home just on a visit?-A. Yes.

Q. How long did you stay each time?-A. The first time about two weeks, the last time four weeks.

Q. When did you pay a State or county tax last?-A. I paid my tax in 1877; I paid my last tax in September, 1878.

Q. Have you your tax receipts?-A. Yes.

Q. Will you let me see them?-A. Yes.

Q. When you voted on the 5th day of November, 1878, was your name on the registry-list of voters for Benzinger Township?-A. I don't know.

Q. When you voted did the election officers ask you to make any affidavits?-A. No.

Q. Did they ask you to show your tax-receipt?-A. No. JACOB SIMONES. Not being able to complete the taking of the testimony, I adjourn the further taking of the same until 8.30 o'clock in the forenoon of the 3d day of April, A. D. 1879.

GEO. ED. WEIS,
Associate Judge.

And now, April 3, A. D. 1879, at 9 o'clock a. m., the taking of evidence resumed at the same place.

Ch. H. McCauley and G. Wurzel for contestant, and Mr. Reeder, counsel for contestee, present.

PETER WAHLER produced, sworn, and examined.

(Counsel for contestee makes the same objections to the examination of this witness that were made to the examination of Charles D. Utley.) Question. What is your name?-Answer. Peter Wahler.

Q. Where do you live?-A. In Benzinger Township, Elk County, Pennsylvania.

Q. How long have you lived there?-A. About eleven years.

Q. Are you a citizen of the United States and of the State of Pennsylvania?-A. Yes; I have my citizen privilege or rights.

Q. Have you paid a State or county tax within two years which was assessed at least two months and paid at least one month before November 5, 1878 ?-A. Yes; I paid every year all that was demanded.