Q. Frequently ?-A. Probably once in two or three years. Q. Then you are not a professional witness, are you?-A. I don't know that I know what would be a professional witness; but am always truthful and candid. Q. Can you produce any witness to establish as a fact what you have just asserted?-A. I think I could if I had the time to call in my neighbors. Q. Was Joseph Koch, of Centreville, Fox Township, noticed as a witness, to be called by contestant during the last ten days?-A. Not to my knowledge. Q. Did you have a subpoena for him?-A. I did not. Q. How long have you known E. T. Grant?-A. I should think seven or eight years. Q. What political party has he acted with during that time?—A. Democratic party till last year. Q. Is the support of C. R. Earley for a nomination a test of Democracy in Elk County -A. Not altogether, Q. Was the man that E. T. Grant was supporting for the nomination against Dr. Earley allied with the Democratic party?—A. He was. Q. Then why did you say that E. T. Grant was not a Democrat because he opposed Dr. Earley for the nomination, if support of Dr. Earley is not a test of Democracy in Elk County, and his opponent was allied with the Democratic party ?-A. Because he opposed some men that had the Democratic nomination. Any true Democrat ought to support a nomination when fairly made in preference to a cousin of the opposite party. Q. Are you a true Democrat?—A. I am. Q. Did you ever vote for a candidate who was not nominated by the Democracy?-A. I did some years ago. Q. Was that candidate a cousin of yours?-A. He was not. Q. To what political party does Andrew G. Curtin belong?-A. Democratic party. Q. Since when ?-A. Since he returned as minister from Russia. Q. Would you consider a man who said he had his heel on the neck of the Democratic party and meant to keep it there, a Democrat?—A. I would not; I never heard that he said so before. GEORGE D. MESSENGER. EXHIBIT A. COMMONWEALTH OF PENNSYLVANIA, Elk County, ss: Be it remembered that at a court of common pleas, held at Ridgway, in and for said county and State of Pennsylvania, in the United States of America, the thirtieth day of May, in the year of our Lord one thousand, eight hundred and seventy-seven, A. G. Johnson, a native of Sweden, exhibited a petition praying to be admitted a citizen of the United States, and he having on his solemn oath declared that he has ree sided within the limits and jurisdiction of the United States of America five years, and with in the State of Pennsylvania one year, and that he has continued to reside within the same; and that the same petitioner, on the 2d day of April, A. D. 1875, made his declaration in writing before the prothonotary of the court of common pleas of Elk County, declaring his intention to become a citizen of the United States,; and that he did absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, State, or sover eignty whatever, and particularly to Oscar the Second, King of Norway and Sweden, whereof he was heretofore subject; and that he will support the Constitution of the United States. And the facts stated as aforesaid appearing in full proof, and it moreover appearing to the sat isfaction of the said court that during the said term of five years the said petitioner had behaved himself as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same; whereupon the said court admitted the said A. G. Johnson to become a citizen of the United States; and order all the proceedings to be recorded by the prothonotary of said court, which was accordingly done. In witness whereof I have hereunto set my hand and affixed the seal of said court this eighth day of April, in the year of our Lord one thou sand eight hundred and seventy-nine, and of the sovereignty and Independence of the United States of America the 1020. [SEAL.] FRED. SCHOENING, Prothonotary. EXHIBIT B. COMMONWEALTH OF PENNSYLVANIA, Elk County, 88: Be it remembered that at a court of common pleas, held at Ridg way, in and for said county and State of Pennsylvania, in the United States of America, the fifteenth day of September, in the year of our Lord, one thousand eight hundred and fifty-one, Melchoir Heitkötter, a native of Prussia, exhibited a petition praying to be admitted a citi zen of the United States, and he having on his solemn oath declared that he has resided within the limits and jurisdiction of the United States of America five years, and within the State of Pennsylvania one year, and that he has continued to reside within the same; and that the same petitioner, on the 6th day of September, A. D. 1847, made his declaration in writing before the prothonotary of the court of common pleas of Jefferson County, declaring his intention to become a citizen of the United States, and that he did absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, State or sovereignty whatsoever, and particularly to the King of Prussia, whereof he was heretofore subject; and that he will support the Constitution of the United States. And the facts stated as aforesaid appearing in full proof, and it moreover appearing to the satisfaction of the said court that during the said term of five years the said petitioner had behaved himself as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same; whereupon the said court admitted the said Melchoir Heitkötter to become a citizen of the United States, and order all the proceedings to be recorded by the prothonotary of said court, which was accordingly done. In witness whereof, I have hereunto set my hand and affixed the seal of said court this eighth day of April, in the year of our Lord one thou sand eight hundred and seventy-nine, and of the sovereignty and Independence of the United States of America the 102d. [SEAL.] FRED. SCHOENING, Erasures and interlineations. Prothonotary. The words "all objections" interlined between 9th and 10th line on page 3 of sheet 1. The words "that is in " erased in line 22, page 3 of sheet 1. The word "him" erased and the word "me" interlined in line 27, page 2 of sheet 4. The word "September" erased and the word "November" interlined in line 28, page 2 of sheet 4. The words "Yes, sir" interlined between lines 19 and 20, page 1 of sheet 5. The word "she" interlined in line 9, page 2 of sheet 5. The word "name" erased and the word "number" interlined in line 25, page 3, sheet 5. The word "not" interlined in line 16, page 1, sheet 6. The words "by counsel for contestee" interlined in line 22, page 2, sheet 6. The letters "up" erased in line 12, page 3, sheet 6. The words" which as" erased in line 32, page 4, sheet 6. The words "about electioneering" interlined in line 23, page 1, sheet 7. The word "the" interlined in line 25, page 3, sheet 7. The word "reservation" interlined between lines 12 and 13, page 2, sheet 11. The word "party" interlined in line 13, page 2, sheet 11. The word "the" erased and the word "his" interlined in line 17, page 2, sheet 11. The name "Andrew" erased in line 8, page 3, sheet 11 The words "I didn't make such a statement" erased in line 34, page 4 of sheet 17. The word "that" erased in line 12, page 2 of sheet 18. The word "citizens" and the word " persons" interlined in line 7, page 1 of sheet 19. The word "time" erased in line 13, page 3 of sheet 20. The word "assessment" interlined in line 17, page 2 of sheet 23. M. S. KLINE, Notary Public and Commissioner. STATE OF PENNSYLVANIA, Elk County, s8: I, M. S. Kline, a notary public in and for said county and State, before whom the foregoing depositions of T. G. Clyde, W. K. Moore, Ed. Lair, J. M. Mock, B. B. Thompson, Jeremiah Elliott, Jacob Hartman, Edson T. Grant, Peter Irwin, G. T. Wheeler, Fred. Schoening, A. Swartz Ross, Robert I. Campbell, and George D. Messenger were taken, do hereby certify that said witnesses were each duly qualified and examined at the times and places stated in the caption of these depositions, and subscribed their names to their respective depositions in my presence, and that the questions and answers were taken down by me truly and correctly as they fell from the lips of the respective counsel and witnesses. I do further certify that the erasures and interlineations made therein and particularly set forth on the two last preceding pages of this sheet were made by me on the lines and pages therein noted before the respective depositions in which they were made were signed by the witnesses. I do further certify that the several exhibits referred to in the deposition of Fred. Schoening, and marked A and B, are hereto annexed. I also further certify that the notices and subpoenas under which the foregoing depositions were taken, and the pay roll of witnesses subpoenaed or examined before me in Highland, Horton, and Ridgway Townships, in rebuttal, amounting to $43.05, all hereto annexed. Witness my hand and notarial seal this 15th day of April, A. D. 1879. MIFFLIN COUNTY. Depositions of witnesses produced, sworn, and affirmed, and examined by me on the 31st day of March, 1879, and on the 1st, 2d, 3d, 4th, 5th. 7th, and 8th days of April, 1879, at the court-house in the borough of Lewistown, County of Mifflin, and State of Pennsylvania. [SEAL.] EDMUND CONRAD, Notary Public. Jos. R. Cordes was sworn as amanuensis to the above-named commissioner as follows, viz: I, Jos. R. Cordes, being duly sworn according to law, depose and say I will well and truly write down, as amanuensis, all testimony and such other matters as may be proper in the matter of the contest between A. G. Curtin, contestant, and Seth H. Yocum, contestee. JOS. R. CORDES. Sworn and subscribed before me this 31st day of March, A. D. 1879. [SEAL.] EDMUND CONRAD, Notary Public. MONDAY, March 31, 1879. Parties met, D. W. Woods, esq., appearing for Seth H. Yocum, esq., contestee, and J. S. Rakerd, esq., appearing for Hon. Andrew G. Cartin, contestant. JOHN MCCORMICK sworn. (Contestant proposes to prove by this witness that he is a legal voter. D. W. Woods, esq., for Seth H. Yocum, objects, 1st, that the offer is not in rebuttal to any evidence offered by Seth H. Yocum, the incumbent; 2d, because notice was served upon Seth H. Yocum that the testimony of this witness would be taken before Samuel Belford, associate judge in this same proceeding, on this day and at this same time and at another place; 3d, because notice was served upon Seth H. Yocum, the incumbent, that the testimony of this witness would be taken before Samuel Belford, associate judge, at the same time, and at the same place; 4th, irrelevant and immaterial; 5th, witness is incompetent to prove the offer.) Question. State whether you voted for a member of Congress at the election held November 5, 1878, for the west ward, borough of Lewistown?-Answer. Yes. Q. State whether you had or had not been a citizen of the United States at least one month immediately preceding said election?-A. I have been. Q. State whether you had or had not been a citizen of the State of Pennsylvania one year immediately preceding said election ?-A. I had been. Q. Had or had you not resided in the west ward election district at least two months immediately preceding said election ?-A. I had. Q. State whether you had or had not paid within two years a State or county tax, which had been assessed at least two months and paid at least one month before said election ?-A. I had. D. W. WOODS, attorney for Seth H. Yocum, the incumbent, reserving all legal exception to the foregoing testimony as well those heretofore specifically stated, as also all others, cross-examined: Q. Where were you born?-A. I was born in Ireland. Re-examined by J. S. RAKERD: Q. Are you a naturalized citizen, and, if so, when did you procure your naturalization papers? (D. W. Woods, for Seth H. Yocum, objects: 1st, this is not the best evidence of the fact proposed to be proved by the question; 2d, the production of the naturalization papers of the witness is the only evidence under the law of the fact of his being a naturalized citizen to entitle him to vote, except under certain circumstances, which is not offered to be shown in this case.) A. I am, and have been for about eighteen years. Recross examined: Q. When did you pay the last State or county tax?-A. I can't exactly state when I paid my last State or county tax; I can't exactly say, but think it was last winter or last fall. Q. To whom did you pay the tax?-A. I paid it to John S. Garrett. Q. Did you pay it to him since the last November election ?-A. I can't exactly say. Q. How do you know it was a State or county tax ?—A. It reads so. Q. What reads so ?-A. The tax receipt. Q. Where is the tax receipt?—A. At home. Re-examined by JAS. S. RAKERD: Q. How long before the November election of 1878 had you paid a State and county tax?-A. I paid the tax of the year before some time in the fall before. |