Q. What kind of a paper was it you signed?-A. I didn't notice in particular. Q. Did anybody fill out the paper?-A. Yes, sir; David McCloskey filled out the paper. Q. What did you do with the paper?-A. Put it in the window. Q. The paper that you signed, was it not your ticket?-A. No, sir, I didn't sign my ticket; it was some other paper Mr. Daly had. Q. Did you read it, or was it read to you?-A. It was read to me. Q. Can you state anything that was in it ?—A. I believe not, to the best of my knowledge. Q. Who swore you to it ?-A. John A. Daley. Q. Is John A. Daley a justice of the peace?-A. No, sir. Q. There was no other person sworn beside you as a witness to your residence?-A. Joseph McClosky, a brother-in-law of mine, was qualified as to my age. Q. Did you ever vote before that, and if so, when?-A. I never voted before. Q. Where did you get your ticket?—A. I can't remember who I got it from. Q. Did you read your ticket?—A. No, sir. Q. Was your ticket folded up when it was handed to you?—A. It was. Q. Did you unfold it before you voted it ?—A. No, sir; I did not. Q. Then you did not see a single name that was on your ticket, did you?-A. No, sir. Redirect by H. Y. STITZER : Q. Is there any person to your knowledge by the name of Jesse Walker in said Curtin Township?-A. No, sir. Q. Do you know any person anywhere else by the name of Jesse Walker?-A. Not to the best of my knowledge. Q. Was there any other person by the name of Walker to your knowl. edge that voted in Curtin Township at the election held November 5, 1878-A. No, sir. Q. Are you sometimes called Jeffre Walker?—A. That's my name and that's what they call me. Recross-examined by A. O. FURST: Q. Are you ever called "Jesse" Walker?-A. No, sir. Q. What name did you give when you voted?—A. Jeffre Walker. Q. How many Walkers are living in Curtin Township?-A. Only three men of us; one is not of age. Q. How many are living in Boggs Township, adjoining Curtin Township-A. There are a great many. JOHN DIVENS, A. J. his CYRUS JEFFRE + WALKER. mark. HARVEY WATKINS, being sworn and examined, deposeth as follows. Question. State your name, age, and residence.-Answer. My name is William Harvey Watkins. I was twenty-two years old on the 26th day of October, 1878, and I reside in Curtin Township, Centre County, Pennsylvania. Q. Where were you born?-A. In Curtin Township, Centre County, Pennsylvania. Q. On what day, in what month, and in what year were you born?— A. On the 26th day of October, 1856. Q. What year did you tell me upstairs you were born in? (Counsel for contestee objects to the question, because it is irrelevant, incompetent, the witness having sworn twice to-day to his age, and also having sworn when called on behalf of the contestee the same as having sworn to-day.) A. 1857, I think. Q. Had you met any one in the street at any time that told you you must say you were born in 1856?-A. No, sir. Q. Did you tell me upstairs to-day that a gentleman had told you that you were over twenty-two years of age when you voted? (Counsel for contestee objects to the question, because it is irrelevant and incompetent.) A. Yes, sir; I did. Q. Would you have any objection to name that gentleman?-A. Mr. Hastings. Q. Did you vote at the election held in Curtin Township November 5, 1878?—A. Yes, sir. Q. Can you read or write ?-A. No, sir. Q. How and by whom were you informed about your age?—A. Reedy Watkins, my brother. Q. What did he tell you about your age?—A. He told me I was twenty-two years old on the 26th of October, 1878. Q. Did he tell you the year in which you were born?-A. Yes, sir. Q. What was the year did he say (Counsel for contestee objects to the question as irrelevant and incompetent.) A. The year 1856 ? Cross-examined by A. O. FURST: Q. Did you vote for A. G. Curtin for Congress?-A. Yes, sir. Q. Did you ever pay a State or county tax before November 5, 1878? -A. No, sir. Q. Did not your brother Reedy tell you that your age was in the Bible? —A. Yes, sir. Q. Did you not swear to what you have sworn to to-day when you were called March 19, 1878, as a witness for Mr. Yocum ?—A. I did. Redirect by H. Y. STITZER : Q. Do your parents or any of them live?-A. My father is living. Q. Do you live at home?-A. Yes, sir. Q. Did your father tell you how old you were?-A. No, sir. Q. Do you know your age from any person else except from what Reedy told you?-A. No, sir. JOHN DIVENS, A. J. his WILLIAM HARVEY + WATKINS. mark HENRY LUCAS, being affirmed and examined by H. Y. STITZER, deposeth as follows: Question. What is your name?-Answer. Henry Lucas. Q. Where do you reside?-A. In Curtin Township. Q. Did you vote at an election in Curtin Township held November 5, 1878? A. Yes, sir. Q. Did you vote for Congress; and if so, for whom did you vote? (Counsel for contestee objects to the question: 1st, because it is not rebutting testimony; 2d, not being rebutting testimony the witness may claim his privilege of refusing to answer for whom he voted until they either show his qualification or disqualification; 3d, that contestant can only examine the witness in rebuttal as to his qualification or disqualification.) A. I voted, and for Seth H. Yocum for Congress. Q. How old are you, or when were you born?-A. I was born in 1857, on June 1. Q. Did you vote on age?-A. Yes, sir. Q. Did you, before voting at said election, sign or subscribe your name to a written or partly printed and partly written affidavit setting forth your qualifications as a voter ?-A. No, sir; I signed no paper. Q. Did any person as a witness in your behalf sign such an affidavit?—A. No, sir. Q. Were you orally or verbally sworn to answer such questions as the board would see proper to ask touching your right to vote?—A. I was sworn. sir. Q. Was there any person sworn as a witness in your behalf?-A. No, Q. How do you know the month and year that you were born?—A. I was put down in the Bible. Q. Did you read it in the Bible?-A. Yes, sir; I did. Cross examined by A. O. FURST: Q. Where were you born?—A. In Curtin Township, Centre County, Pennsylvania. Q. Have you lived all your life in Curtin Township?-A. I have. Q. Who went with you to the polls when you voted?-A. No one. Q. Which of the election officers qualified you as to your right to vote?-A. John A. Daley. Q. Were you called into the room where the election was held?—A. Yes, sir. Q. Who asked you the questions concerning your right to vote ?—A. John A. Daley. Q. Was it in the presence of the election board?-A. Yes, sir. Q. Did Mr. Daley write out anything for you to sign?-A. No, sir. Q. After they asked you the questions concerning your right to vote, what did the election officers say or do ?-A. They said it was all right and received my ballot. Q. Were any of the election officers acquainted with you? and if so, state which ones.-A. Robert Mann, the judge, and Hugh Delong, the inspector, were both acquainted with me; also David Delong, clerk, and John A. Daley, clerk. Q. How long had they known you?-A. Ever since I was born. Redirect by H. Y. STITZER: Q. Have you any knowledge of your age other than the record in the Bible?-A. No, sir. Q. Did your father tell you how old you were?—A. Yes, sir. Q. How old did he say you were?-A. Said I was twenty-one years of age. Q. When?-A. First of last June, 1878. HENRY G. LUCAS. JOHN DEHAAS, being sworn and examined by H. Y. STITZER, depos eth as follows: Question. State your name, age, and residence.-Answer. John De haas is my name; I was born May 3, 1857, and I reside in Curtin Township, Centre County, Pennsylvania. Q. Were you a citizen of the United States and of Pennsylvania one month before the election held in Curtin Township November 5, 1878A. Yes, sir. Q. Where were you born?-A. Curtin Township, Centre County, Pennsylvania. Q. How long have you lived there continuously?-A. Ever since I was born. Q. Did you vote at the election held in Curtin Township November 5, 1878?-A. Yes, sir. Q. Did you vote on age or not?—A. I voted on age. Cross-examined by A. O. FURST: Q. For whom did you vote for Congress?-A. Andrew G. Curtin. Q. What is your brother's name next older than you?-A. Joe. Q. When was he born?-A. I don't know. Q. How old is your brother Joe?-A. I don't know rightly; about twenty-three, along there. Q. How do you know you were born on the 1st of June, 1857 ?—A. Mỹ father swore to my age. Q. Did you swear to your age?—A. No, sir. Q. When you voted, did you make any oath at all yourself?-A. No, sir; I did not. Q. Did you sign any paper on the day of the election?-A. No, sir. Redirect by W. J. KEALSH: Q. Was your father sworn, and did he sign a paper as to your age and residence in Curtin Township?-A. He was sworn, but didn't sign any paper as to my age and residence. JOHN P. DEHAAS. WILLIAM WENZEL, being affirmed and examined by H. Y. STITZER, deposeth as follows: (Counsel for contestee objects to the examination of this witness because no notice for his examination was given to contestee or his counsel.) Question. What is your name, age, and residence?-Answer. William Wenzel is my name; I am 27 years old, and I reside in Curtin Township, Centre County, Pennsylvania. Q. Did you vote at an election held in Curtin Township November 5, 1878?-A. Yes, sir. Q. Did you vote for Congress; and, if so, for whom did you vote? (Counsel for contestee objects to the question, 1st. Because it is not relevant nor rebuttal; 2d. It is improper to ask the witness how he voted in rebuttal until his qualifications or disqualifications be shown; 3d. That no notice was served to take his testimony.) A. Yes, sir; I voted; and for Seth H. Yocum for Congress. Cross-examined by A. O. FURST: Q. How long have you resided in Curtin Township?-A. Twentyseven years. Q. Are you a native-born citizen of Pennsylvania ?-A. Yes, sir; I am. Q. Where were you born?—A. In Curtin Township, Centre County, Pennsylvania. Q. Did you live there all your life?-A. Yes, sir. Q. Have you paid a State or county tax within two years and at least one month prior to November 5, 1878?-A. Yes, sir; I did. Q. To what collector did you pay it ?-A. To Conrad Singer. Q. About when did you pay it?-A. About two months before the election in 1878. Q. Were you not on the registry-list of Curtin Township for 1878 ?— A. Yes, sir; I think I was. Q. Were you not assessed in the spring of 1878?-A. Yes, sir; I was. Q. How long have you voted in Curtin Township?-A. Ever since I was twenty-one years of age. Q. Are you not registered in the registry-list as William Wensel?A. Yes, sir. Q. Do you know any person by the name of William Gensel in Curtin Township, or adjoining townships?-A. No, sir; I do not. Redirect by H. Y. STITZER: Q. Did you take a receipt when you paid the taxes?-A. No, sir. Q. How do you know that you were registered?-A. Because I have been paying my taxes and have been assessed there. Q. Is that the only reason you can give that you were registered ?— A. Yes, sir. Recross-examined by A. O. FURST: Q. Who kept the registry at the election in Curtin Township ?—A. That's more than I can recollect. Q. When you voted was it alleged by the election officers that your name was not on the registry-list?-A. No, sir. Q. Was there anything said when you voted that you were not registered?-A. No, sir; there was nothing said. Q. Please state whether you have examined the register of voters for Curtin Township for the year 1878, and if so, do you find your name on the registry-list?—A. I have; and find my name registered there. Redirect by W. J. KEALSH: Q. When you voted what name did you call out to the officer who took your ticket?—A. He, the officer, called out William Wensel, as I handed the ticket to him. WILLIAM WENZEL. Commission adjourned until 8.30 o'clock to-morrow morning, Saturday, April 5, 1878. Commission met pursuant to adjournment at 8.30 o'clock a. m. April 5, 1879, H. Y. Stitzer and W. J. Kealsh, esqrs., appearing as counsel for contestant, and James H. Rankin, esq., for contestee. JOHN L. CLARK, being affirmed and examined by H. Y. STITZER, deposeth as follows: (Counsel for contestee objects to the examination of this witness for the reasons that notice of his examination was served upon contestee, to be taken before E. M. Blanchard and R. C. Cheesman, notaries public, as well as before Hon. John Diven, at different places and at the same time. Counsel for contestee requests counsel for contestant to state what he proposes to prove by this witness, and for what purpose he is called. Counsel for contestee objects to his testimony, for the reason that the counsel for the contestant refuses to state for what purpose he is called.) Question. State your name, age, and residence.-Answer. My name |
