Q. Had you paid within two years a State or county tax which had been assessed at least two months and paid at least one month before November 5, 1878; if so, when, where, and to whom did you pay the same?—A. Í paid a State and county tax to William Hertzler, collector in McVeytown, Mifflin County, Pennsylvania, on the 27th March, 1878. Q. Did you vote at an election held November 5, 1878, for the township of Wayne for a member of Congress; if so, for whom did you vote! -A. I did; and voted for Andrew G. Curtin.

Adjourned to meet at 13 o'clock p. m.

D. L. EWING.

Parties met pursuant to above adjournment at 14 o'clock p. m., April 7, 1879.

WILLIAM MILLER sworn.

(Same offer as to the preceding witness.

Counsel for contestee objects for same reasons as to the preceding witness; and, further, that the witness called is William C. Miller, of whose being called we have had no notice.)

Witness withdrawn.

T. F. ROSSITER sworn.

(Same offer as to the preceding witness.

Counsel for contestee objects for same reasons as to the preceding witness.)

Question. What is your age, and where do you reside?—Answer. I was 27 years of age February 19, 1879, and reside in Wayne Township, Mittlin County, Pennsylvania.

Q. Did you vote at an election November 5, 1878, for the township of Wayne for a member of Congress; if so, for whom did you vote? (Counsel for contestee objects to this question that the record is the best evidence of who voted at that election.)

A. I did; and voted for Andrew G. Curtin.

Q. How long have you been a citizen of the United States and of the State of Pennsylvania, and how long had you resided in the township of Wayne immediately preceding the 5th of November, 1878.—A. I have been a citizen of the United States and of Pennsylvania all my lifetime. and had resided for over six months immediately preceding that date in Wayne Township.

Q. Had you paid within two years a State or county tax which had been assessed at least two months and paid at least one month before November 5, 1878; if so, when and to whom did you pay the same?— A. I paid a State and county tax to David Norton, collector for Wayne Township, October 3, 1878.

(Counsel for contestee, reserving all legal exceptions, &c., cross-evamines.)

Cross examined:

Q. Did you make and subscribe an affidavit, written or partly writte and partly printed, stating your qualifications and right to vote at sal election?-A. No, sir.

Q. Did you procure a witness, a qualified voter of Wayne Township, to make and subscribe an affidavit of your qualifications and right t vote at said election ?-A. No, sir.

T. F. ROSSITER.

GEORGE JONES affirmed.

(Same offer made as to preceding witness.

Counsel for contestee objects for same reasons as to the preceding witness, and for the additional reason that this witness is George W. Jones, of the taking of whose testimony we have had no notice.)

Question. What is your age, and where do you reside?-Answer. I am 27 years old, and reside in Oliver Township.

Q. Did you vote at an election held November 5, 1878, for the township of Oliver for a member of Congress; if so, for whom did you vote? (Counsel for contestee objects that the record is the best evidence of who voted at said election.)

A. I did, and voted for Andrew G. Curtin.

Q. How long have you been a citizen of the United States and of Pennsylvania, and how long had you resided in Oliver Township, Mifflin County, Pennsylvania, immediately preceding said election ?-A. I have been a citizen of the United States and of Pennsylvania all my lifetime, and have lived in Oliver Township for the past three years.

Q. Had you paid within two years a State or county tax which had been assessed at least two months and paid at least one month before November 5, 1878; if so, when and to whom did you pay the same?— A. I did. I paid a State and county tax to Mr. Whitworth, the collector for Oliver Township, either in December, 1877, or January, 1878. (Counsel for contestee, reserving, &c., cross-examines.)

Cross-examined:

Q. For what year was the tax assessed against you that you paid to Mr. Whitworth?-A. For 1877..

Q. Did you make and subscribe an affidavit, printed or written or partly printed and partly written, stating your qualifications and right to vote at said election ?-A. No, sir.

Q. Did you procure a qualified voter of Oliver Township to make and subscribe an affidavit of your qualifications and right to vote at said election?-A. No, sir.

Q. What circumstance is there to fix in your mind the time that you paid the tax?—A. I was helping John Nanawalt to butcher that day. GEO. W. JONES.

JAMES DAVIS sworn.

(Same offer made as to preceding witness.

Counsel for contestee objects for same reasons as to the preceding witness, and for the additional reason that this man's name is James N. Davis, of the taking of whose deposition we have had no notice.)

Question. What is your age, and where do you reside?-Answer. I was 21 years of age September 17, 1878, and reside in Wayne Township, Mifflin County, Pennsylvania.

Q. How long have you been a citizen of the United States and of Pennsylvania, and how long had you resided in Wayne Township immediately preceding November 5, 1878?-A. All my lifetime, and have resided in Wayne Township for the past seven years.

Q. For whom did you vote for member of Congress at the election held for the township of Wayne on November 5, 1878 ?—A. I voted for Andrew G. Curtin for member of Congress.

(Counsel for contestee, reserving, &c., cross-examines.)

Cross-examined:

Q. Did you make and subscribe an affidavit, printed or written or

partly printed or partly written, setting forth your qualifications and right to vote at said election ?-A. No, sir.

Q. Do you reside with your father?-A. Yes, sir.

Q. What is your father's name?-A. William Davis.

Q. Was he present when you voted?-A. No, sir.

Q. Was any one sworn as to your age for you before you voted ?—A. No, sir; no one but myself.

Q. What is your name?-A. James N. Davis.

JOSEPH M. ALLEN sworn.

(Same offer made as to preceding witness.

JAMES N. DAVIS.

Counsel for contestee objects for same reasons as to the preceding witness.)

Question. What is your age, and where do you reside?—Answer. About 41 years old, and reside in Oliver Township, Mifflin County, Pennsylvania.

Q. How long have you been a citizen of the United States and of Pennsylvania, and how long had you resided in Oliver Township immediately preceding November 5, 1878?—A. I have been a citizen of the United States and of Pennsylvania and have resided in Oliver Township all my lifetime.

Q. Did you pay within two years a State or county tax which had been assessed at least sixty days and paid at least thirty days before November 5, 1878; if so, when and to whom did you pay the same?—A. I paid a State and county tax to M. Whitworth, collector for Oliver Township, November 12, 1877.

Q. Did you vote at an election held November 5, 1878, for the township of Oliver for a member of Congress; if so, for whom did you vote? -A. I did, and voted for Andrew G. Curtin.

(Counsel for contestee, reserving &c., cross-examines.)

Cross-examined:

Q. Did you make and subscribe an affidavit printed or written, or partly printed and partly written, setting forth your qualifications and right to vote at said election prior to your casting your vote?—A. I did not.

Q. Did you procure a qualified voter of Oliver Township to make and subscribe an affidavit setting forth your qualifications and right to vote at said election ?-A. I did not.

SAMUEL WILSON Sworn.

(Same offer as to preceding witness.

JOS. M. ALLEN.

Counsel for contestee objects for same reasons as to preceding witness, and for the further reason that the witness called is Samuel N. Wilson, of the taking of whose deposition we have had no notice.)

Question. What is your age, and where do you reside?—Answer. I am 26, and reside in Granville Township.

Q. For whom did you vote for a member of Congress at an election held November 5, 1878, for the township of Granville, Mifflin County, Pennsylvania-A. I voted the Republican ticket clear through and I voted for Seth H. Yocum for Congress.

(Counsel for contestee, reserving &c., cross-examines.)

Cross-examined:

Q. Did you pay 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; if so, when and to whom did you pay it ?--A. I paid a county tax to William Gersinger September 20, 1877.

Q. How long had you been a citizen of the United States and of Pennsylvania and how long had you resided in Granville Township immediately preceding November 5, 1878 ?-A. I have been a citizen of the United States and of Pennsylvania all my lifetime, and have resided in Granville Township since March 25, 1878.

Re-examined:

Q. Did you make and subscribe to a written or partly written and partly printed affidavit setting forth your qualifications and right to vote at said election, and was it accompanied by the affidavit partly written and partly printed of a qualified voter of the township of Granville; if so, did you file the same with the election officers when you voted?-A. No, sir.

Q. Was you sworn by the election officers before your vote was taken? -A. No, sir.

JOSEPH L. MCKINNEY Sworn.

SAMUEL H. WILSON.

(Same offer as made to preceding witness.

Counsel for contestee objects for same reasons as to the preceding witness.)

Question. Did or did you not give to Reuben Houser the ticket which Reuben Houser voted at the election held for the east ward of the borough of Lewistown on the 5th November, 1878 ?-Answer. I did.

Q. Whose name was upon that ticket as a candidate for Congress?— A. Seth H. Yocum.

Q. Did or did you not give to George Corbett the ticket which he voted at the election held in and for the west ward of the borough of Lewistown on the 5th November, 1878 ?—A. I did.

Q. Whose name was upon that ticket as a candidate for member of Congress?—A. I can't say positively.

(Counsel for contestee, reserving &c., cross-examines.)

Cross-examined:

Q. Whose name was on the ticket for Congress that you gave to George Corbett, as far as you know?-A. As far as I know it was Andrew G. Curtin.

Q. What did Reuben Houser say as to his qualifications and right to vote on the day of the election?-A. He told me he was of age but he didn't care about voting.

J. L. MCKINNEY.

Adjourned to meet at 8 o'clock a. m., April 8, 1879.

Parties met pursuant to above adjournment April 8, 1879, at 8 o'clock a. m.; J. A. McKee, esq., appearing for Hon. Seth H. Yocum, and D. W. Cox, Esq., appearing for Hon. A. G. Curtin.

SUSAN HOUSER sworn.

(Same offer made as to preceding witness.

Counsel for contestee objects for the same reasons as offered to preceding witness.)

Question. Where did you reside on the 5th November, 1878 ?—Answer. In the east ward of the borough of Lewistown.

Q. Was your son Reuben Houser living with you at that time?—A.

He was.

Q. How long had yourself and your son Reuben Houser lived in the east ward of the borough of Lewistown immediately preceding the 5th November, 1878-A. We moved in about the 17th or 18th September, 1878; it was on the last day of the fair.

Q. Had you and your son Reuben Houser resided in the east ward of the borough of Lewistown for the period of sixty days immediately preceding the election of November 5, 1878-A. I can't tell exactly.

Q. How old was your son Reuben Houser or the 5th day of Novem ber, 1878—A. He was 18 years of age on the 7th day of November, 1878, having been born on the 7th November, 1860.

Q. State whether or not your son Reuben Houser at any time informed you that he had voted at an election held November 5, 1878: and if so, please state all that he said.

(Counsel for contestee objects to this question, 1st, because Reuben Houser, the voter, is the best evidence as to whether he voted; 2d, the testimony is hearsay; 3d, it is not rebuttal to anything offered in evidence by the contestee; 4th, irrelevant and immaterial.)

A. He told me after he voted that he had voted, and Joe McKinney had coaxed him to do it.

(Counsel for contestee, reserving all exceptions, &c., cross-examines.) Cross-examined:

Q. How many children have you ?—A. I have seven.

Q. What is the age of the oldest child?-A. He was 19 on the 4th day of last November.

Q. What is his name?-A. Joseph Howard Houser.

Q. What is the age of your youngest child?-A. She will be eight years of age on the 15th of July coming.

Q. From whom did you rent the house in which you lived at the time of the November election ?—A. From Mr. Utley.

Q. Did you have an article of agreement with Mr. Utley?—A. No. sir: I hadn't.

Q. Where does Mr. Utley live ?—A. He lives in Lewistown.

Q. How long had you lived in the Graham house before you moved into the Utley house?-A. From the 1st April, 1878.

Q. Do you know where the borough line is ?-A. It runs from the new furnace past the school-house to the creek near the Episcopal graveyard.

Q. Was your son Reuben living with you all the time?-A. Not all the time; he was away four years in Altoona.

Q. Was he living with you all the time you lived in the Utley house?A. Yes, sir; he was.

Q. Do you know in another way than from what Reuben told you that he did vote at that election ?-A. No, sir.

Q. Do you know whether there is any other Reuben Houser living in Lewistown?-A. No, sir; not that I know of.

Q. Might there not be another Reuben Houser that you might not know of?-A. There might be.

Re-examined:

Q. Are you the mother of Reuben Houser?-A. I am.

SUSAN HOUSER.