Q. Did you take with you at that time the witnesses required by law?A. Yes, sir. Q. Then state whether or not, to the best of your knowledge, the deputy prothonotary did not make a clerical error in inserting in your certificate of naturalization the date when you made your application to become a citizen instead of the date on which you declared your intentions.-A. Yes, sir; it might be. Q. State whether or not it was at least two years from the time you declared your intention of becoming a citizen of the United States until the time you received your final certificate of naturalization.-A. I think it was. Recross-examined: Q. When you voted on November 5, 1878, did you show your certificate to the election board?-A. Yes, sir. Q. Did they mark anything upon it ?-A. Well, I don't know. Witness produces certificate, and there are no indorsements thereon.) And further saith not. (Counsel for contestee asks counsel for contestant to state the pur pose of the examination of this witness, and received same reply, and thereupon makes same objection to the taking of the testimony of this witness as in the case of Wm. Magonagle, and for the further reason that counsel for contestee or contestee have not received such notice that the witness called John Minto was to be called, as is required by law.) Question. Had you been a citizen of the United States for at least one month prior to November 5, 1878?-Answer. Yes, sir. Q. Had you lived in the State of Pennsylvania for one year, and in the election district of Houtzdale Borough for at least two months immediately preceding November 5, 1878?-A. Yes, sir. Q. Had you within two years immediately preceding November 5, 1878, paid a State or county tax which was assessed at least two months and paid at least one month prior thereto ?-A. Yes, sir. Q. Did you vote in the election district of Houtzdale Borough on November 5, 1878; and, if so, for whom did you vote for Congress ?—A. I did; and I voted for Seth H. Yocum. Cross-examined: (Counsel for contestee, reserving all right and objections, proceeded to cross-examine.) Q. Where were you born, and when?-A. In England, in 1838. Q. Have you been naturalized; and, if so, will you produce your certificate of citizenship?-A. Yes, sir. (Witness produces certificate of citizenship, dated 3d day of September, 1872, signed by W. A. Thomas, prothonotary, and having the seal of the court of common pleas of Bradford County, Pennsylvania, thereto attached.) Q. Were you naturalized in open court in Bradford County on September 3, 1872?—A. Yes, sir. And further saith not. Attest: [SEAL.] JOHN MINTO. DAVID CAHILL produced and sworn. Amanuensis. (Counsel for contestee makes same request of counsel for contestant, and received the same reply. Whereupon counsel for contestee objects to the examination of this witness for the same reasons as those stated to the examination of Wm. Magonagle.) Question. Where were you born, and where did you reside on the 5th of November, 1878 ?-Answer. In Pennsylvania, and I resided on November 5, 1878, in Houtzdale Borough. Q. Had you resided in Pennsylvania for one whole year, and in the election district of Houtzdale Borough for at least two months immedi. ately preceding November 5, 1878?-A. Yes, sir. Q. Had you within two years immediately preceding November 5, 1878, paid a State or county tax which was assessed at least two months and paid at least one month prior thereto ?-A. Yes, sir. Q. Did you vote at the general election of November 5, 1878, in the election district of Houtzdale Borough; and, if so, for whom did you vote for Congress?—A. I did; and I voted for Andrew G. Curtin for Congress. Cross-examined: (Counsel for contestee, reserving all rights and objections, proceeds to cross-examine.) Q. To whom and when did you pay said tax?-A. To Patrick Dugan, on September 5, 1878. Q. Where is your receipt for said taxes?-A. I have it here. (Witness produces receipt, dated September 5, signed Patrick Duggan, constable.) Q. Who wrote and signed that receipt?—A. Patrick Dugan. Q. Whose name was on your ticket for governor?-Á. Andrew H. Dill. Q. What kind of a tax did you pay Dugan?-A. I paid it for a State and county tax. Re-examined: Q. Will you produce your receipt for the notary to copy -A. Yes, sir. (Witness produces receipt, which reads as follows: "HOUTZDALE, Sept. 5th. "Received of David Cahill fifty cents, State and county tax for the year 1878. PATRICK COSGROVE produced and sworn. (Counsel for contestee asks counsel for contestant the purpose of the examination of this witness as before, and receives the same reply. Whereupon counsel for contestee makes same objection to the taking of the testimony of this witness as was made in the case of Wm. Magonagle.) Question. Where were you born, and how old are you?-Answer. In the State of Ohio; I am 24 years old, past. Q. Had you resided in the State of Pennsylvania for one year and in the election district of Houtzdale Borough for at least two months last preceding November 5, 1878?-A. I did; yes, sir. Q. Had you within two years immediately preceding November 5, 1878, paid a State or county tax which was assessed at least two months and paid at least one month prior thereto?—A. Yes, sir. Q. Did you vote in the election district of Houtzdale Borough on the 5th of November, 1878; and, if so, for whom did you vote for Congress? -A. I did, and voted for Andrew G. Curtin for Congress. And further saith not. P. B. COSGROVE. WM. RADEBAUGH, A. J. SHARBAUGH produced and sworn. (Counsel for contestce requests counsel for contestant to state the purpose of the examination of this witness, and received same reply. And thereupon counsel for contestee objects to the examination of this witness for the same reasons as those stated to the testimony of Wm. Magonagle.) Question. Where were you born, and where did you reside on November 5, 1878?-Answer. In Pennsylvania, and I resided in Houtzdale Borough on November 5, 1878. Q. How old are you?-A. I am 24, past. Q. Had you resided in the State of Pennsylvania for one year and in the election district of Houtzdale Borough for two months last preceding November 5, 1878?-A. Yes, sir. Q. Had you within two years immediately preceding November 5, 1878, paid a State or county tax which was assessed at least two months and paid at least one month prior thereto ?-A. Yes, sir. Q. Did you vote in the election district of Houtzdale Borough on November 5, 1878; and, if so, for whom did you vote for Congress ?—A. I did, and voted for A. G. Curtin for Congress. Cross-examined: (Counsel for contestee, reserving all rights and objections, proceeds to cross-examine.) Q. To whom and when did you pay said tax?-A. To constable John Malee, in September, 1877. Re-examined: Q. Was John Malee collector of State or county taxes in 1877 for Houtzdale Borough ?-A. Yes, sir; he was. And further saith not. SAMUEL ROAN produced and sworn. (Counsel for contestee makes same request of counsel for contestant, and receives same reply, and thereupon makes same objection to the taking of the testimony of this witness as in the case of Wm. Magonagle.) Question. Where were you born, and where did you reside on November 5, 1878?-Answer. In Pennsylvania, and I lived in Houtzdale Borough on November 5, 1878. Q. How old are you?-A. About 40 years old. Q. Did you reside in the State of Pennsylvania for the one whole year, and in the election district of Houtzdale Borough for at least two months last preceding November 6, 1878?-A. Yes, sir. Q. Had you within two years immediately preceding November 5, 1878, paid a State or county tax which was assessed at least two months and paid at least one month prior thereto ?-A. Yes, sir. Q. Did you vote in the election district of Houzdale Borough at the general election of November 5, 1878; and, if so, for whom did you vote for Congress?-A. I did; and voted for Andrew G. Curtin for Congress. Cross-examined: (Counsel for contestee, reserving all rights and objections, proceeds to cross-examine.) Q. To whom and when did you pay said tax?-A. I paid it John Malee, collector, on August 24, 1877. And further saith not. Attest: [SEAL.] SAMUEL ROAN. WM. RADEBAUGH, Notary. FRED'K O'L. BUCK, Amanuensis. PETER MORAN produced and sworn. (Counsel for contestee makes same request of counsel for contestant and receives same reply. And thereupon counsel for contestee makes the same objection to the taking of the testimony of this witness as in the case of William Magonagle.) Question. How old are you?—Answer. About thirty-six years. Q. Had you been a citizen of the United States for at least one month before the 5th of November, 1878 ?—A. Yes, sir. Q. Had you resided in the State of Pennsylvania for one year, and in the election district of Houtzdale Borough for at least one month last preceding November 5, 1878?-A. Yes, sir. Q. Had you within the two years immediately preceding November 5, 1878, paid a State or county tax which was assessed at least two months and paid at least one month prior thereto ?-A. Yes, sir. Q. Did you vote in the election district of Houtzdale Borough at the general election of November 5, 1878; and, if so, for whom did you vote for Congress?-A. I did; and I voted for Andrew G. Curtin for Congress. Cross-examined: (Counsel for contestee, reserving all rights and objections, proceeds to cross-examine.) Q. Where were you born?-A. In Ireland. Q. To whom and when did you pay such tax?-A. To Constable Patrick Dugan, on September 2, 1878. Re-examined: Q. Are you a naturalized citizen of the United States; and, if so, will you produce your certificate of naturalization?-A. Yes, sir. (Witness produces certificate of naturalization from the court of quarter sessions of the city and county of Philadelphia, dated the 2d day of October, 1872, under the hand of Thomas Ashton, clerk, and the seal of said court.) Recross-examined: Q. Did you pay Dugan said taxes yourself on September 2, 1878?— A. Yes, sir. Re-examined: Q. Was Patrick Dugan collector of State and county tax for 1878 for Houtzdale Borough ?-A. Yes, sir. Adjourned at 9.45 to meet at 8.30 o'clock April 2, 1879. Amanuensis. Now, April 2, 1879, it is hereby agreed between counsel for contestant and counsel for contestee that the testimony of this witness, John Rowles, shall be taken with the same effect as if legal and sufficient notice had been given, such as is required by the several acts of Congress relating to contested elections. This agreement made April 2, 1879. JOHN ROWLES produced and affirmed. W. C. ARNOLD, For Contestee. GEO. R. BARRETT, JR., For Contestant. Question. Where were you born, and how old are you? (Counsel for contestee asks counsel for contestant to state what is proposed to be proved by this witness, and the purpose thereof. Counsel for contestant makes answer that the witness is called for the purpose of proving for whom he voted for Congress on November 5, 1878. Counsel for contestee now objects to the examination of this witness or his testimony being taken, for the reason that it is not in its nature rebuttal, and it is not competent or legal for contestant to make such proof at this or any future stage of the proceedings; if competent or proper it was a part of contestant's case in chief, and cannot be offered now, and for this reason the Committee on Elections will be asked to disregard the whole of the witness's testimony, and to strike it from the record.) Answer. I was born in Clearfield County, Pennsylvania. I am fiftynine years old. Q. Where did you reside on the 5th of November, 1878 ?-A. In Woodward Township, Clearfield County, Pennsylvania. Q. Had you resided in the State of Pennsylvania for one whole year and in the election district of Woodward Township for at least two months last preceding November 5, 1878 ?-A. Yes, sir. Q. Had you within the two years immediately preceding November 5, 1878, paid a State or county tax which was assessed at least two months and paid at least one month prior thereto ?-A. Yes, sir. |
