Q. Did you buy it before you were married?-A. No, sir. Q. Isn't it land that Thomas Campbell gave his daughter after you married her?-A. No, sir. Q. Did you have a contract for the purchase of the land?-A. Nothing but a verbal contract. Q. What is your wife's name?-A. Mary Lair. Q. Since the death of Thomas Campbell, sr., have not the other heirs made a contract with your wife, Mary, their sister, to sell her this land-A. I couldn't answer that without telling a story; they did, with my consent. Q. Then there is a written contract between your wife and her brothers for the purchase of this land?-A. Yes, sir; there is. Q. Did you examine your ticket immediately before you voted it on November 5, 1878-A. Yes, sir; I did. Q. Whose name was upon it as a candidate for Congress?—A. Hon. A. G. Curtin. Q. Was honorable on it?—A. Yes, sir. Q. How long has Ben. Knickerbocker lived in Highland Township?— A. I couldn't say; he has been off and on; he has never been a resident there; he never paid tax there until last year. Q. When was he married?—A. That's more than I can say. Q. Do you know that he is married?-A. No, sir; I don't know positively that he is married. Q. How far did he live from you?-A. Three miles and a half. Q. How often were you at his house while he lived there?-A. Never was in it in the world. Q. If you do not know that Knickerbocker was married, how came you to testify in chief that his wife left Highland Township from the 10th to the 12th of September, 1878 ?-A. 'Twas a woman he was living with and claimed to be his wife. Q. How long had she lived with him?-A. Three months, to my knowledge. Q. Was she anything more than a housekeeper?-A. Well, I couldn't say; he lived with her and she kept house for him and claimed to be his wife. Q. Did he call her his wife or his woman?-A. He asked me and my wife to come down and see his wife. Q. Where did this woman go when she went away about the 10th or 12th of September ?-A. She said she was going to Bradford to live in her house. Q. Do you know where she went?-A. No, sir; only by hearsay by her and him. Q. Did Knickerbocker go with her?-A. Yes, sir; he started with her. Q. Did they have any household goods with them?-A. I couldn't say; he had a box and a trunk. The box was about four feet wide, six feet high, and about eight or ten feet long. Q. Where did they go that day?—A. I don't know; they went by my place and he hollered "Hurrah for Bradford." Q. When did you next see him?—A. The 2d or 3d of November. Q. Do you know when he moved his household goods?-A. No, sir, I do not, only what he moved at that time. Q. Did you see him vote?-A. No, sir. Q. Then you don't know how he voted, except what he told you?—A. Only what he told me and the way the ticket showed in the ballot-box when it was counted. Q. Did you see the tickets at the ballot-box when they were counted!— A. No, sir, I did not, so that I could read it. I was about as far as ten or twelve feet from the ballot-box; they don't let us close to the ballot. box in Highland Township. Q. Then why do you say that you knew how he voted from the tickets?-A. When they come to a place where a man voted two tickets, they hunted the man's name up first who voted them, then hunted up the number of the ticket, and found that long name Knickerbocker voted them. Q. Were the two tickets folded together?—A. I didn't see them only what I heard the board say; I wasn't close enough. Q. Then you don't know who the ticket was for ?-A. No, sir; only what Knickerbocker told me. Q. Were you present when Elting Sheely voted?—A. Yes, sir. Q. Who challenged him?-A. Edward Lair. Q. That is yourself, is it?-A. Yes, sir. Q. Was he registered ?-A. I couldn't say. Q. Was he sworn?-A. Yes, sir. Q. Did he have a witness?-A. Yes, sir. Q. Who was his witness?-A. Peter C. Sheely. Q. Was he sworn?-A. Yes, sir. Q. Who is Peter C. Sheely-A. He says he is Elting Sheely's father. Q. Is he the same man who you testified in your examination-in-chief told you in the spring of 1878 that Elting Sheely was not of age?-A. Yes, sir. Q. Were there printed or partly written and partly printed affidavits made by Elting Sheely and Peter C. Sheely as to the qualifications of Elting Sheely as a voter ?-A. I couldn't see; I was kept back so far that I couldn't see whether it was written or printed, or all blanks. Q. There were affidavits made then?-A. I think there was; he held up his right hand when he was sworn. Redirect: Q. State whether or not you owned any personal property in 1877 and 1878-A. Yes, sir. Q. What was it?-A. From two to four horses and from one to three COWS. Q. State whether or not that property was assessed.-A. Yes, sir. (Paper shown witness and asked :) Q. Is that a copy of the ticket you voted, with the exception of the name of W. H. Osterbout for commissioner? (Objected to by counsel for contestee, first, as leading; second, as not being in rebuttal of any allegation in the answer made or evidence heretofore given by the contestee.) A. Yes, sir. Cross-examined: Q. Did you ever see the paper shown you by Mr. McCauley, counsel for contestant, before to-day?-A. No, sir; I never saw that day. Q. Have you ever compared this paper with the ticket you voted !— A. No, sir; I never compared that ticket; I never saw that before that I know of; I saw some like it. Q. Then you don't know whether this is a copy of the ticket you voted or not?-A. No, sir; I don't know whether this is a copy of the ticket I voted or the ticket I voted a copy of this; they were both alike. Q. How was the name of the candidate for Congress printed on the ticket you voted?-A. I couldn't say whether it was Andrew G. Curtin or A. G. Curtin. Q. How is it printed on this ticket?-A. I couldn't say whether it is Andrew or A. G.; I read it, but can't remember that long. Q. Then you don't know whether this ticket is like the one you voted or not?-A. Nothing more than Curtin's name is on this one, and it was on the one that I voted. Q. Then the reason you think this is a copy of the ticket you voted is because Curtin's name is on both ?-A. Yes, sir. (Counsel for contestant requests a copy of the ticket proved by the witness taken down by the commissioner. Objected to by counsel for contestee for the reason that the witness on cross-examination testified that he never saw the paper or ticket until to-day, did not compare it with the ticket he voted, and only guesses that it is a copy.) COUNTY. For Congress-Andrew G. Curtin. For prothonotary, &c.-Fred. Schoening. For commissioners-George Reuscher, Michael Weidert. For auditors-Jared M. Mecum, Charles Miller. (The witness wishes to make this statement in regard to his answer to the question in his cross-examination, viz: "Was honorable on it ?—A. Yes, sir." He wishes it stated that he does not know whether it was Honorable Andrew G. Curtin, A. G. Curtin, or just Andrew G. Curtin. EDWARD LAIR. JACOB MOCK sworn. Examined by C. H. MCCAULEY: (The counsel for contestee objects to the examination of the witness on the stand for the reason that the taking of his deposition is not noticed until the 3d of April, and not for this day.) Question. What is your name?-Answer. Jacob M. Mock is my full name. Q. Have you paid a State or county tax within two years?-A. Yes, sir; I have. Q. When?-A. Well, it was thirty days before the election last fall; I don't know just what time it was. Q. To whom?-A. To Matt. Shanley. Q. Have you paid any other State or county tax within two years and one month prior to November 5, 1878?—A. No, sir; I hadn't paid any until last fall. 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 Spring Creek election district November 5, 1878 ?— A. Yes, sir; I did. Q. For whom did you vote for said office?-A. Yocum is the man I voted for. (The counsel for contestee declines to cross-examine the witness for the reason that no notice of the taking of his deposition at this time and place has been given to contestee, or any agent or attorney of contes tee.) B. B. THOMPSON sworn. Examined by C. H. MCCAULEY: J. M. MOCK. (The counsel for contestee objects to the examination of the witness on the stand for the reason that the taking of the deposition is noticed before two officers at the same time by two different notices.) Question. What is your name? Answer. My name is Benjamin Brakman Thompson. Q. Have you paid a State or county tax within two years and one month prior to November 5, 1878?-A. I have. Q. To whom did you pay it?-A. To Mr. Shanley; he is generally known through the country as Matt. Shanley; he is the man I paid the tax to. Q. Have you paid any other tax within two years and one month before November 5, 1878?-A. I could not be qualified to that, whether I had or whether I had not. 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 general election held in Spring Creek election district November 5, 1878 ? (Objected to by counsel for contestee as not being in rebuttal and answer to any allegations or evidence heretofore made or given by contestee, and incompetent, being part of contestant's case in chief.) A. No, sir; I did not. Q. Were you or were you not electioneering on election-day at the Spring Creek election polls?—A. Well, now, see here. Why, as far as I know about electioneering, I don't think I was; I can say I do not think I was. Q. Do you mean to say that you did not vote for Congress at the November election, 1878 ?—A. I did not vote for Congress at all. Cross-examined by GEO. A. RATHBUN: Q. Did you have at the election November 5, 1878, in Spring Creek Township, any of Messenger's whisky ?-A. Not that I know of; 1 don't mean to say that I had no whisky, but I can't say that it was Curtin or Messenger whisky. Redirect: Q. Did you have any whisky at the Spring Creek election polls November 5, 1878 ?—A. I did. Q. Did you see anybody else have whisky at the Spring Creek election polls November 5, 1878 ?—A. I did not. Q. Did you distribute or give out to anybody whisky at the election polls November 5, 1878, in Spring Creek Township? (Objected to by counsel for contestee as incompetent and irrelevant, not being in rebuttal or answer to any allegations or evidence heretofore made or given.) A. I did not. Q. Do you know of any other person giving out or distributing whisky in Spring Creek Township at the election polls November 5, 1878A. I do not. Q. Did you see any one intoxicated or under the influence of liquor at the polls in Spring Creek election district November, 5, 1878 ?—A. I did. i Q. How many were there that you saw under the influence of liquor at said place at said time ?—A. Well, I think there were two men. JEREMIAH ELLIOTT Sworn. BENJ. B. THOMPSON, By J. B. GRANT (by request). Examined by GEORGE R. DIXON: (The counsel for contestee objects to the examination of the witness on the stand for the reason that the taking of his deposition is noticed before two officers at the same time, and by two separate notices.) Question. What is your name?-Answer. Jeremiah Elliott. Q. Where do you live?-A. Spring Creek Township, Elk County, Pennsylvania. Q. How long have you lived in Spring Creek Township?-A. Eighteen or nineteen years. Q. Did you live in Spring Creek Township in the year 1878 ?—A. I did. Q. What office, if any, did you hold in the year 1878 in Spring Creek Township-A. Justice of the peace. Q. State whether or not you swore or administered the oath to an election officer in the fall of 1878 in Spring Creek Township? (Objected to by counsel for contestee as incompetent and irrelevantnot being in rebuttal and answer to any allegations or evidence hereto, fore made or given by the contestee and as leading.) A I did. Q. What was the name of the election officer, and for what office was he sworn by you to perform the duties of ?-A. William Irwin, as judge of the election. Q. Where did you administer the oath to William Irwin?—A. At my office. Q. Is your office the polling place for Spring Creek Township?—A. No, sir. (The foregoing questions and answers objected to by counsel for contestee as not being in rebuttal and answer to any allegations or evidence heretofore made or given by contestee.) Q. Was it or was it not on November 5, 1878-that is, election day, 1878-that you administered the oath to William Irwin to serve as judge of election-A. November 4, before the election, if I recollect right, a day or more before the election. Q. Did you sign and date the administration of the oath at that time? -A. I. did. Q. State whether or not you swore at that time and place any of the other election officers to serve at the Spring Creek election on November 5, 1878?—A. I did not. Q. State whether or not William Irwin served as judge of the election of Spring Creek district on November 5, 1878?—A. He did. Q. How did you come to administer the oath to William Irwin to serve as judge of election at Spring Creek election polls the day before the election at your office?-A. He brought down a blank to have me swear him in as judge of election. Q. How far is it from your office to the Spring Creek election-house? -A. Very near four miles. (The counsel for contestee objects to all the foregoing testimony as irrelevant and incompetent, not being in rebuttal and answer to any allegations or evidence heretofore made or given by the contestee, and |