justice. He was the nearest justice to the election house in that district. Q. Were there any persons who voted at that election of foreign birth? A. Yes, sir. Q. What did you require of them?-A. There was none voted there but what had always been voting there, and we did not ask anything of them. Q. Were there not foreigners who voted there on that day who had been voting less than five consecutive years in that election district?—A. I think there were none but had voted more than 5 years-not regulars. Re-examined: (Contestant objecting to the whole of the foregoing purporting to be cross-examination, but which is not, and reserving the right to except to the same, re-examines.) Q. Were blank affidavits such as you were asked about by the counsel for persons having the right to vote to sign furnished by the county commissioners with the other election-papers?-A. Yes, sir; they came there marked affidavit. And further saith not Attest: J. J. MCGARVEY. ABRAHAM OGDEN, JOHN PEOPLES affirmed. (The same request, the same reply, and same objection as to other witnesses from Lawrence Township and Clearfield Borough.) Question. Where did you live on the 5th November, 1878 ?—Answer. Lawrence Township, Clearfield County, Pennsylvania. Q. When were you born according to the record of your parents as given you by them-A. In 1857, August 9. Q. Did you vote in Lawrence Township, Clearfield County, Pennsyl vania, at the general election held November 5, 1878 ?-A. Yes, sir. Q. Was that vote cast by you when you were between the ages of 21 and 22, or in other words did you vote on age?-A. I voted on age. Counsel for contestee, reserving all rights and objections, proceeds to cross-examine: Q. Where were you born?-A. I was born in Brady Township, Clearfield County, Pennsylvania. Q. Did you reside for the one whole year or more in the State of Pennsylvania and for the two months or more in the election district of Lawrence Township, continuously, and immediately preceding the election of November 5, 1878 ?-A. Yes, sir. Q. Are you married?— Q. For whom did you vote for Congress, sir?-A. I voted for Curtin, sir; that is the kind of a cat I am. And further saith not. Attest: JOHN PEOPLES. ABRAHAM OGDEN, S. V. WILSON affirmed. (Counsel for contestee, asks counsel for contestant to state what is proposed to be proven by this witness and the purpose thereof. To which answer is made as follows: To contradict the testimony of W. C. Arnold, or the testimony introduced through him by the counsel for the contestee, on his cross-examination, his testimony not being prop. erly cross-examination, but being in the nature of testimony in answer to the allegations of contestant, said Arnold having been called by contestant, and the testimony sought to be contradicted having been improperly, as contestant believes, introduced, and at a time when the contestant had no opportunity to give notice and to call the witness. Upon which contestee, by counsel, objects to the testimony of the wit ness for the purpose stated, or for any other purpose: First, because W. C. Arnold was contestant's own witness, and cannot be contradicted by him. Second, because if the cross examination was upon points not collateral to the subject-matter of W. C. Arnold's testimony in chief, then it was a proper cross examination, and can furnish no subterfuge to contestant, from the operation of the well-settled rule of law that a party cannot contradict his own witness; if the cross-examination was collateral to the subject-matter of W. C. Arnold's examination in-chief, then his answers therein are not material and not in any event such as can be contradicted by contestant. Third, because the testimony offered is not rebuttal or reply to anything offered by contestee or his counsel.) Question. Where do you reside and what is your business?-Answer. I reside in Clearfield Borough, Clearfield County, Pennsylvania; and my business is a lawyer. Q. Do you know W. C. Arnold, who was recognized as chairman of the Republican committee of Clearfield County doing the campaign of 1878, and who now appears as one of the counsel for Seth H. Yocum in the contest for a seat in the Forty-sixth Congress?—A. I know W, C. Arnold; I know him as chairman of the Republican county committee during the campaign of 1878. He is so represented as the counsel for Mr. Yocum, though I never saw him acting as such. Q. Were you present as one of the speakers at a Democratic meeting at New Washington, in the county of Clearfield, some time prior to the November election of 1878 ?—A. I was. Q. Did you there meet or see W. C. Arnold?—A. I saw him the day before at that place; he was about there; he was there the day I came there. Q. Did you in any conversation there or elsewhere say to him, “We have got $500 from Curtin," referring either to the persons who were with you or to the persons conducting the campaign of the Democratic party?-A. To the best of my recollection, no. Cross examined: (Counsel for contestee, reserving all rights and objections, for the reasons stated in full in objection to the testimony and especially the right to ask that the whole of testimony be stricken out from the record, proceeds to cross-examine.) Q. On what day and what time of day and with whom did you arrive at New Washington ?-A. I don't recollect the day; it seems to me it was Wednesday. I went to New Washington with James Kerr. We got there about 4 o'clock; between 4 and 5. When I got there I found there Walter Barrett, esq., T. J. McCullough, esq., and the Citizens' Band, Clearfield. I do not remember exactly whether I saw W. C. Arnold and R. D. Swoope, esq., on that day or the next. My impression is that it was on Wednesday, the day I arrived there. I remember he sat at our supper-table and two or three other times. I don't think he would tell a lie, but is mistaken about me saying it. Q. Do you remember any conversation you had with W. C. Arnold on the evening of the day you arrived in New Washington ?-A. It was a general conversation about politics. Q. What was said by you to him on that evening ?-A. I have no recollection of anything particularly, unless he would bring up portions of the conversation, then I could remember. I talked about the prospects how we were getting along, &c.; that was about the substance. We did have a conversation about the band; when and where it was I don't remember; he spoke something about the expenses of the band; knowing that he was the chairman of the Republican campaign committee, I did not say much about it. Q. You have no recollection of when and where that conversation about the band was?—A. I cannot fix the place or time exactly. Q. Can you recollect who introduced the conversation about the band?-A. My impression is that it was W. C. Arnold. Q. Can you recollect what he said on that subject?—A. Well, I have an indistinct recollection that does not amount to positive knowledge. I think he said, you fellows are having a good time or a hell of a time up here. Q. Have you any recollection of what if anything he said as to the expense necessary or involved in taking a band over the county in that way?—A. I have no recollection; there might have been a conversation of that kind, but I have no recollection. Q. You don't swear, then, that he did not speak to you or in your presence to the effect that it was expensive or took a good deal of money to be comforted and cheered by the harmonious strains of that band at each meeting?-A. He did not say anything about that last part. He did not use those words. I do not swear positively that he did not say something about the band being expensive. Q. Have you any recollection of what, if anything, was said to him in reply to his talk, if he had any, about the expensiveness of that band ?— A. I have no recollection what was said. Q. Can you say whether or not you may have or may not have taken part in any conversation with him as to the expense of the band?—A. I might have. There were a good many conversations and some talk about the band. Q. Do you recollect any of the language used by you in any of the conversations you had with W. C. Arnold at New Washington ?—A. I remember of inviting him to supper and talking to him about the weather and about speaking-their speaking; what the particular words were or sentences used I cannot say. Q. Can you say whether there was anything said to him by you, or by you to him on the subject of the band?--A. I asked him, to the best of my recollection, if he did not think the band was a good one and played well. I think he said I thought it was a good band and he wished they had one; that is my impression of what he said. Q. Do you remember of any reason he gave why they had not one?A. I think he said they were too damn poor, or something like that. I told him, to the best of my recollection, that I thought Simon Cameron ought to be able to furnish two or three bands. It was all in fun. Q Do you remember whether in that conversation he said you fel lows must have lots of money to be able to have a band with you in this way, or any thing of like purport?-A. There might have been such conversation. I do not remember. Q. Do you remember the whole of your conversation with him on the subject of the band?-A. No; I could not give it in detail, but I am positive as to the $500 detail. Q. Can you say whether any such statement was made to him by any one in your presence ?-A. I don't recollect exactly; there was something said, I think, by Walter Barrett, esq.-I am not positive-about Curtin's not furnishing enough money to pay the expenses. I think that was the complaint. Q. Did you not learn during that trip or since then that a check of $500 had been sent by Andrew G. Curtin to Israel Test, esq., chairman of the Democratic county committee?-A. I heard something of that kind; something about a check. I don't remember exactly; I think it was $500 they told me. I don't remember who told me; I think it was one of the speakers. Q. When did you first hear of that check of $500; was it or was it not during that trip on which you saw Arnold at New Washington ?—A. That's my impression. Q. Was it or was it not, if you can remember, before you saw Arnold at New Washington-A. My impression is that it was after. I know I never saw the check or the money. Q. Who first told you of it, if you can remember?-A. I think it was Walter Barrett, if I can remember. Q. Is your recollection at all distinct as to whether it was before or after you saw Arnold at New Washington?-A. The reason I think it was after, because in a conversation with Walter Barrett, esq., ou our way to Burnside, we talked about the expenses of the trip and there not being enough money, and I think some thing was said by some one of the party that Curtin ought to send his check for $500 or $600. My impression is that this was after I had arrived at New Washington, and [ think I saw Arnold there then at the time I arrived and after that we left for Burnside that same evening; it may be that I did not see Arnold till the next day. Q. If you did not see Arnold until the next day, then the conversation with Barrett was before you saw Arnold?—A. Yes, sir. And further saith not. Attest: SMITH V. WILSON. ABRAHAM OGDEN, And now, 11.45 a. m., same day, adjourned until 1 p. m., April 7, 1879. GEO. M. DALAS BLOOM affirmed. (The same request, same reply, and same objection as in case of other witnesses from Clearfield Borough and Lawrence Township.) Question. When and where were you born ?-Answer. July 16, 1857; in Pike Township, Clearfield County, Pennsylvania. 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. Are you married?-A. Yes, sir. Q. Had you resided in the State of Pennsylvania for one whole year and more, and in the election district of Lawrence Township, Clearfield County, Pennsylvania, and for more than two months immediately preceding the election of November 5, 1878 ?—A. Yes, sir. Q. When you voted at the election of November 5, 1878, in Lawrence Township, Clearfield County, Pennsylvania, were you then between the ages of 21 and 22, and did you vote by virtue thereof?-A. Yes, sir. Q. For whom did you vote for Congress at said election?-A. For (The same request, same reply, and same objection as in case of other witnesses from Clearfield Borough and Lawrence Township.) Question. When and where were you born?-Answer. In 1857; in Pike Township, Clearfield County, Pennsylvania. Q. Are you married?-A. No, sir. Q. Where do you reside?-A. In Lawrence Township, Clearfield County, Pennsylvania. Q. Had you resided in the State of Pennsylvania for one whole year and more and in the election district of Lawrence Township, Clearfield County, Pennsylvania, for two months immediately preceding the election of November 5, 1878 ?-A. Yes, sir, I had. Q. Had you paid a State or county tax within two years immediately preceding the election of November 5, 1878, which had been assessed more than two months and paid more than one month before said election-A. Yes, sir, I had. Q. What is your full name ?-A. William Sloss Bloom. Q. Do you know any other Sloss Bloom or W. Sloss Bloom or William Sloss Bloom in Lawrence Township, Clearfield County, Pennsylvania ?— A. No, sir, I do not. Q. Did you vote at the election of November 5, 1878, at the election district of Lawrence Township, Clearfield County, Pennsylvania.A. Yes, sir. Q. For whom did you vote at said election for Congress?—A. A. G. Curtin. Cross-examined: (Counsel for contestee reserving all rights and objections, proceeds to cross-examine.) Q. When and to whom did you pay the last State and county tax?A. To Alfred Wise; some time in April or May, 1878. Q. Are you sure it was a State and county tax?-A. Yes, sir. Q. Where were you during the month of October last?-A. At home. Q. Where were you during the month of September last ?-A. At home, Lawrence Township, Clearfield County, Pennsylvania. Q. What time last fall were you in the oil regions?-A. I was not in the oil regions at all; I was in the oil regions last fall a year ago. And further saith not. Attest: W. D. BLOOM. ABRAHAM OGDEN, SYLVESTER HUNT Sworn. (Counsel for contestee request contestant's counsel to state what is to be proven by this witness and the purpose thereof. It is proposed to prove that the witness called has been collector of State and county taxes for Huston Township, Clearfield County, Pennsylvania, and that one Elliot McCracken, a witness called by conte: tee |
