preceding the election of November 5, 1878, which had been assessed nore than two months and paid more than one month before said elec tion? A. Yes, sir, I had.

Q. Did you vote at the election of November 5, 1878, in the election district of Lawrence Township, Clearfield County, Pennsylvania ?—A. Yes, sir.

Q. For whom did you vote for Congress at said election?-A. I did not vote for Congress at all.

And further saith not.

Attest:

JAS. H. ROWLES.

ABRAHAM OGDEN,
Associate Judge.

And now, 11.45 a. m., April 5, 1879, adjourned until 1 o'clock p. m., same day.

And now, 1 o'clock p. m., April 5, 1879, parties by counsel being present, the taking of testimony resumed.

GEORGE TRUMBELL, Sr., sworn.

(Counsel for contestee requests counsel for contestant to state what is proposed to be proven by this witness and the purpose thereof.

This is a non-registered voter of Morris Township, and because of any other reason his testimony may be evidence.

Upon which counsel for contestee objects to the testimony of the witness for the purpose stated or for any other purpose, for the reason that it is not in rebuttal or reply to any thing proven by the contestee, but is in its nature original evidence, and if competent and proper at any time was a part of contestant's case in chief and cannot legally be offered at this or any future stage of the proceedings. The registry list of voters for Morris Township election district and the list returned by the elec tion officers of men who had voted there in November 5, 1878, having been offered in evidence by contestant as a part of his case in chief and the same not having been offered by contestee, puts Morris Township election district on the same footing with Brady and Pike election dis tricts, in which similar offers of evidence have been made by contestant under contestee's objection. The election committee therefore will respectfully asked to disregard and strike from the record the whole of the testimony of this witness for the reasons stated.)

Question. Where did you reside on the 5th of November, 1878?— Answer. Morris Township, Clearfield County, Pennsylvania.

Q. Did you vote in the election district of Morris Township, Clearfield County, Pennsylvania, on the 5th of November, 1878, and for whom did you vote for Congress?

(That portion of the question which asks the witness for whom he voted for Congress at the general election of November 5, 1878, is ob jected to because it is a question of privilege which the counsel should not ask and which the witness is not bound to answer.)

A. Yes; I voted on the 5th of November. I split my ticket when I did vote. If it was not right for one it was not right for the other party. I believe it was Yocum I voted for for Congress.

Q. For who did you vote for governor?-A. I could not tell you. I had tickets for both parties, but I know I voted for Yocum for one. Q. Did you live in the State one year and in the township of Morris two months immediately preceding the election?-A. Yes, sir.

Q. Where were you born?-A. Scotland or Ireland, under one crown.

1

Q. Are you naturalized and have you a certificate of citizenship?A. I have my first papers and I have always understood a person could vote for everything but for President on his first papers.

Q. Did you have anything but your first papers-A. No, sir.

Q. Were you subpoenaed here some time ago, and, if so, state why you did not come in answer to that subpoena ?—A. I was subpoenaed I believe in February, but through sickness I could not attend.

Q. Is George Trimble, jr., your son?-A. Yes, sir.

Q. Is there any other two persons by the name of George Trimble, jr., and George Trimble, sr., in Morris Township except yourself and your

son?-A. None that I know of.

Q. Do you know one David Richards, and did such a person live in Morris Township, Clearfield County, Pennsylvania, on November 5, 1878?

(Contestee, by counsel, asks contestant's counsel to state what the purpose of this question is.

I propose to prove that David Richards was a citizen and resident of Morris Township at that time.

To which counsel for contestee makes the same objection as before made to the whole testimony of this witness.)

A. I don't think he lived there at that time; I don't think he was there at the time of the election.

Q. How long did David Richards live in Morris Township, Clearfield County, Pennsylvania, and how long before the election did you see him there last to the best of your recollection?-A. He was there when I came to Morrisdale in 1876, and he was there over two years, I think ; I won't say exactly how long before the election day.

Q. Do you know O. A. Beamer?-A. Yes, sir.

(Same objection made as before by contestee's counsel.)

Q. Do you know.any C. A. or O. A. Bramer?-A. No, sir.

Q. How long has O. A. Beamer lived in the township, if you know?— A. I don't know; he was there when I came there in 1876.

Cross examined:

(Counsel for contestee declines to cross-examine the witness for reasons already stated.)

And further saith not.

Attest:

GEORGE TRUMBELL, Senior.

ABRAHAM OGDEN,
Associate Judge.

JOHN HOOVER affirmed.

(The same request as before made by contestee's counsel, to which contestant's counsel replies that it is for the purpose of explaining and identifying certain names on the list of voters of Morris Township, and to show what the correct names are.

Upon which counsel for the contestee makes the same objection as made to George Trumbell, sr., the last preceding witness.)

Question. Where do you live?-Auswer. Morris Township, Clearfield County, Pennsylvania.

Q. Have you been assessor for that township?-A. Yes, sir.

Q. How many persons do you know in that township by the name of E. S. Pelton ?-A. Two.

Q. Do you know any person by the name of J. S. Pelton or John S. Pelton ?-A. Do not.

Q. Do you know of a man by the name of O. A. Beamer in that town. ship?-A. Yes, sir; I know there was at that time.

Q. Do you know any O. A. Breamer or C. A. Bremer?-A. No, sir: know no such a man as that. The name of O. A. Beamer was in the

township; I know of no others.

Q. Do you know G. Linhart?—A. I know G. Leighart; it is a Ger man name. He told me how it was spelled, but I cannot remember now. Q. Is there any person of like name whose first name begins with “Z”! -A. Not that I know of.

Cross-examined:

(Counsel for contestee declines to cross-examine for reasons alrealy stated.)

And further saith not.

Attest:

JOHN HOOVER.

ABRAHAM OGDEN,
Associate Judge.

R. E. SHAW affirmed.

(The same request as before made by counsel for contestee. Contestant, by counsel, stated the witness is called for the purpose of proving the time at which the taxes of one Otto Read were paid, he having been called by contestee Otto Read).

To which no objection is made by contestee's counsel.)

Question. Were you any time collector of State and county taxes for Lawrence Township, Clearfield County, Pennsylvania?—Answer. Yes, sir; for the years 1876 and 1877.

Q. State whether or not Otto Read, in the year 1877, paid you a State and county tax; and fix the time as near as you can he paid you the tax assessed for 1877.-A. I cannot recollect exactly the time; it was either the last of August or 1st September the year 1877, the year I got the book.

Q. State by what circumstance, if any, you fix the time.-A. Just after I got the book I gave every one notice that I had any tax against. I notified him and he told me he would pay-that was at the time I gave him the notice-that the next time he saw me he would pay his tax. I met him the time he paid his tax; I cannot recollect how long after it was; I was coming over to town; I met him down in front of Hartswick & Irvin's drug store, and he said he wanted to pay his tax. He paid his tax and I wrote him a receipt with a lead pencil, gave it to him, and told him to keep that and when he came to vote he would have no trouble.

No cross-examination.

And further saith not.

Attest:

R. E. SHAW.

ABRAHAM OGDEN,
Associate Judge.

And now, 5 o'clock p. m. April 5, 1879, adjourned until 9 o'clock a. m. April 7, 1879.

And now, 9 o'clock a. m., April 7, 1879, parties by counsel being pres ent, the taking of testimony resumed.

JOHN J. MCGARVEY, of Anthony, affirmed.

(Counsel for contestee asks counsel for contestant what is proposed to be proven by this witness, and the purpose thereof.

It is proposed to prove that the witness was a judge of election in Chest Township, Clearfield County, Pennsylvania, and as such was duly sworn, to answer the allegation presented on part of the contestee in the certificate offered in evidence showing no oaths by election board returned from said township.

To which no objection is made by counsel for contestee.)

Question. Where did you reside on the 5th day of November, 1878?— Answer. Chest Township, Clearfield County, Pennsylvania.

Q. Were you judge of the election for the election district of Chest Township at the general election of 5th November, 1878 ?-A. Yes, sir. Q. By whom was the oath as judge of election administered to you? -A. By Jacob Schnell.

Q. What position on the election board, if any, did Jacob Schneil hold that day.-A. Minority inspector.

Q. Were blanks of the oaths for the election board sent with the other election papers to Chest Township by the county commissioners for that election?-A. No, sir.

Q. State whether or not the oaths taken by the board or read to the board were read from an old blank of the preceding spring election.A. Yes, sir.

Cross-examined:

Q. Had you a copy of the registry of votes for Chest Township for the year 1878 at that election?-A. We had a book with the names of all the voters there.

Q. Were the ballots numbered as received with a number correspondent to the number opposite the name of the voter on the list of voters? —A. Yes, sir.

Q. When a man appeared and offered to vote at that election whose name was not on the registry list, what proof, if any, did you require of him of his right to vote?-A. We called him in and had him sworn, and asked him if he had been there previous to the election sixty days and if he had paid tax inside of two years?

Q. Was that all you required of him?—A. Yes, sir.

Q. Then you did not require him to subscribe and swear to a partly written and partly printed affidavit or any other affidavit in writing setting forth that he was a citizen of the United States, his residence in the State for one year and in the election district two months, and when, where, and to whom he had paid any State or county tax within. two years, and over one month preceding that election, which was assessed at least two months before said election?-A. No affidavit taken down in writing, but we asked him about his taxes. I think Charles T. Moore, one of the inspectors, asked him if his taxes had been paid thirty days before the election.

Q. Did you require such proof, that is, did you require him to swear to the payment of tax if had a tax-receipt of the proper date?—A. There was one man had a receipt from the collector; I think we did not swear him; he showed his receipt.

Q. Had the others whose names were not on the registry-list no taxreceipts?-A. I think they had not; only the one had a receipt.

Q. If the collector stated that any of these men had paid their tax, did you require them still to make the oath, or did that requirement only apply to those who had no receipt and as to whom you had no information if their taxes were paid?—A. The collector was there, and that had collected the tax, and if they had no receipts, we called him up (the collector) and had the collector sworn; we swore both--the voter and collector both.

Q. Then, as to the non-registered voters, you did not require them to be sworn when they had a proper tax-receipt, did you?—A. Not with out that would do. No, sir.

Q. Whether they had a tax-receipt or not you did not require them to sign any affidavit in writing, did you?-A. No, sir.

Q. You did not require them to produce a qualified elector of the dis trict to swear to their residence within the district for two months, did you?-A. One case: there was a voter there we disputed; he had been in the district two months; we called up this other man and had him qualified that he had been.

Q. Did you, in any other case, require another voter to be qualified to the residence of the party asking to vote?-A. Not as I recollect. Q. Was the affidavit in that case or any other case reduced to writing and signed by him?-A. No, sir.

Q. When a party offered to vote at that election, who was between the ages of twenty-one and twenty-two years, or so claimed, what proof, if any, did you require of him?-A. Well, if his parents were there, we called him up and had him sworn; we called the boy in and had him

sworn.

Q. You did not swear the boy at all, then, if his father was there, did you?-A. No, sir.

Q. When his father was not there and you had to swear the boy, did you reduce his affidavit to writing and require him to sign it ?—A. No, sir. The board asked him some questions and let him go.

Q. Did you require the boy to produce another qualified elector of the district to swear as to his residence for two months within the district? -A. No; I don't think there was any case of that kind but what there was some one of the board knew something about it.

Q. Were there any persons in the room besides the clerks and election officers during the time you were receiving tickets?-A. Yes, sir; there

was.

Q. About how many were there at any one time, as near as you can state?—A. I could just say sometimes a good many, sometimes twenty or twenty-five getting tickets; maybe more; I could not say.

Q. During the time you were counting off, were any persons besides the clerks and election officers present?-A. Yes, sir; there was some others present.

Q. How many at any one time, as near as you can say?—A. A dozen; may be few more outside of the election board.

Q. Who had charge of the registry-list during the day?-A. Jacob Schnell, minority inspector.

Q. Did he mark opposite a man's name on that list, as he voted, the letter "V"?-A. I think not.

Q. How did you secure, if at all, the ballot-box, as you were through! -A. It was tied. I could not just say what was done. I could not recollect. I don't mind what. It was fastened when I got it for the next time I mean at the February election (at the justices).

Q. How was it tied?-A. String around the box; little wedges put in to keep it tight-(mean the slide).

Q. You mean the inside boxes were fastened by little wedges put alongside of the slide and that the outside lid was secured by a string tied around the box?-A. Yes, sir; tape tied around the box and wedges fastened the inside slide.

Q. Was that the only way the box and its contents were secured?A. Yes, sir; I think it was, at the squire's.

Q. With whom was it left after that election ?-A. John Connelly,