(Counsel for contestee objects to the testimony of this witness because it is not rebuttal in any sense, and because notice of his examination was given to be taken before E. M. Blanchard, notary public, and served during the time allowed by law to contestee for taking his.)

Witness: R. C. CHEESMAN.

JNO. RISHEL.

JOHN BOAL, being sworn and examined, deposeth as follows: Question. When and where were you born?—Answer. I was born on the 24th day of September, 1825, in Potter Township, Centre County, Pennsylvania.

Q. Where do you now live, and how long have you lived there ?—A. I live in Benner Township, Centre County, Pennsylvania, and have lived there in Benner Township for nineteen or twenty years.

Q. Did you pay a county or State tax within two years and one month before the election held in November last, which had been assessed at least two months prior thereto ?-A. Yes, sir; I paid it to Stover last August.

Q. Did you vote at the election held for Benner Township on the 5th of November last; and, if so, for whom did you vote for Congress ?—A. Yes, sir; I did, and voted for Andrew G. Curtin for Congress.

(Counsel for contestee objects to the testimony of this witness because it is not rebuttal in any sense, and because notice of his examination was given to be taken before E. M. Blanchard, N. P., and served during the time allowed by law to contestee for taking his testimony.)

Witness: R. C. CHEESMAN.

JOHN BOAL.

JOHN STOVER, being sworn and examined, deposeth as follows: Question. When and where were you born?-Answer. I was born at Centre Hall, in 1840 or 1841.

Q. Where do you now live, and how long have you lived there?—A. In Benner Township, and I have lived there since 1861.

Q. Did you pay a county or State tax within two years and one month before the election held in November last, which had been assessed at least two months prior thereto -A. Yes, sir; I did.

Q. Did you vote at the election held for Benner Township on the 5th of November last; and, if so, for whom did you vote for Congress ?—A. I voted at the last election, and I voted for Andrew G. Curtin for Congress.

Cross-examined by HASTINGS:

(Counsel for contestee objects to the testimony of this witness because it is not rebuttal in any sense, and because notice of his examination was given to be taken before E. M. Blanchard, N. P., and served during the time allowed by law for contestee for taking his testimony, and, reserving this objection, proceeds to cross-examine:)

Q. When and to whom did you pay your taxes for the year 1878 ?-A. I paid it after the November election, to Thomas Purdue.

Q. To whom did you pay your State and county taxes for 1877 ?——A. To Uriah Stover.

Q. Did you take a receipt?-A. No, sir.

Q. Was your name on the registry-list for Benner Township for 1878 ? -A. I don't know; I didn't look at that.

Witness: R. C. CHEESMAN.

JOHN STOVER.

J. H. GORMON, sworn and examined, deposeth as follows:

Question. Where and when were you born?-Answer. I was born in Benner Township, Centre County, Pennsylvania, as near as I can say, in August, 1853.

Q. Where do you now live, and how long have you lived there?—A. I live in Benner Township, Centre County, and have lived there nine years this spring.

Q. Did you pay a county or State tax within two years and one month before the election held in November last, which had been assessed at least two months prior thereto -A. Yes, sir.

Q. Did you vote at the election held for Benner Township on the 5th of November last; and, if so, for whom did you vote for Congress? (Counsel for contestee objects to this question and to the entire testimony of the witness: 1st. Because it is not rebutting; 2d. Because the contestant having impeached the election held in Benner Township in their testimony in chief during the first forty days, contestant was bound then to call the individual voter or voters; and not having called them during said time, contestant is now barred according to the provisions of the act of Congress from calling or qualifying, or attempting to qualify, any voters in Benner Township. Contestee's testimony during the forty days allowed him for taking testimony being in rebuttal of contestant's testimony so far as relates to Benner Township, the testimony of the witness now on the stand therefore becomes testimony in chief and not in rebuttal.)

A. Yes, I did vote at that election, and voted for Andrew G. Curtin for Congress.

Cross-examined by A. O. FURST, Esq.:

(Counsel for contestee, reserving the foregoing objection, and further objecting to the taking of the testimony of this witness, because notice to take the same was served during the 40 days allowed contestee to take his testimony, and because further notice was served to take the testimony of the witness before E. M. Blanchard, N. P., at this time and at a different place, proceeds to cross-examine witness.)

Q. When did you pay a State and county tax?-A. I can't remember right whether it was 21 of January or 21st of February, 1879.

Q. Is that the tax you refer to in your testimony?—A. No, sir. Q. When, then, did you pay a State and county tax?-A. In 1877, about August or July.

Q. To whom did you pay it ?-A. To Amos Garbrick, collector. Q. How much was the tax?-A. That's more than I can say. My brother paid the State and county tax for me; he has the receipt. Q. Were you present when he paid it --A. No, sir; I was not. Q. Did you see him pay it ?-A. No, sir.

Q. Then you have no personal knowledge of your own that he paid it, except what you have heard?-A. Mr. Garbrick, the tax collector, I saw him about a week afterwards and he allowed my tax was paid.

Q. Did you see his duplicate to see whether it was marked paid?-A. Yes, sir.

Q. When did you see it?—A. I have seen it different times; could not say rightly when.

Q. Did you see his duplicate before the 5th of November, 1878 ?—A. Yes, sir.

Q. Was your tax marked paid on his duplicate a month before Novem. ber 5, 1878-A. Yes, sir; it was marked paid.

Q. State when you saw it before the 5th of November, 1878, and where.-A. I saw it in September, 1878, on the public road.

Witness:

R. C. CHEESMAN.

JOHN GORMON.

JAMES HENDERSON, being affirmed and examined, deposeth as follows: Question. When and where were you born?-Answer. I was born in Philipsburg, Centre County, Pennsylvania, about forty-five years ago. Q. Where do you now live, and how long have you lived there?—A. In Benner Township, Centre County, Pennsylvania. I have lived there 8 years last June.

Q. Did you pay a county and State tax within two years and one month before the election held in November last, which had been assessed at least two months prior thereto ?—-A. Yes, sir.

Q. Did you vote at the election held for Benner Township on the 5th of November last; and, if so, for whom did you vote for Congress?—A. I did vote at that election, and I voted for Andrew G. Curtin for Congress.

Cross-examined by FURST, Esq.:

(Counsel for contestee objects to the testimony of this witness, 1st, because it is not rebuttal; 2nd, because the notice to take his testimony was served during the forty days allowed contestee to take his testimony before another notary public at a different place and at this same time. Reserving this objection, counsel cross-examines.)

Q. You were the judge of the election in Beuner Township?—A. I

was.

Q. Do you know the number of your ballot ?-A. As near as I can recollect it, it was third or fourth ticket.

Q. Then you voted just before the closing of the polls, did you not? -A. I voted the third or fourth ticket before the polls closed that day. I wish to correct my answer. I mean the third or fourth ticket that was polled that day.

Q. To whom did you give your ticket?-A. I gave it to William Searson, the inspector.

Q. What did he do with it?-A. He numbered it and put it in the ballot-box.

Q. Do you remember the person who voted immediately after you voted?-A. I think John Reeser; I am not sure. The board voted right one after the other.

Q. Which one of the board voted first ?-A. That I can't say.

Q. Did you see Searson number your ballot ?-A. Yes, sir; I did. Q. Could you recognize it if you were to see it ?-A. I think I could. Q. Who strung the tickets as they were read off after the closing of the polls?-A. I did.

Q. How many tickets were strung when the first unnumbered ticket was discovered?

(Counsel for contestant objects to the question because it is not crossexomination.)

A. That would be pretty hard for me to say. At that time I think there was about, as near as I can recollect, 200.

Q. When the first unnumbered ticket was discovered did you go over the ballots on the string to see whether your ballot was numbered or whether any unnumbered ballots were on the string then?

(Counsel for contestant objects to this question because it is not crossexamination.)

A. I did not.

Witness:

JAMES HENDERSON.

R. C. CHEESMAN.

B. F. HUNTER, being sworn and examined, deposeth as follows: (Counsel for contestee agree that this witness may be examined today with the same effect as if examined on the 2nd of April, reserving, nevertheless, objections to the testimony as not being rebuttal, and also to the fact that notice to take his testimony was served during the forty days allowed contestee for taking his testimony.)

Question. Where and when were you born -Auswer. I was born in Patton Township, Centre County, Pennsylvania. I was born on the 1st day of March, 1832 or '33, I don't know which.

Q. Where do you now live, and how long have you lived there?—A. I now live in Benner Township, Centre County, Pennsylvania, and have lived there ever since it became a township.

Q. Did you pay a county or State tax within two years and one month before the election held in November last, which had been assessed at least two months prior thereto ?—A. I did.

Q. Did you vote at the election held for Benner Township on the 5th of November last; and, if so, for whom did you vote for Congress? —A. I did vote at that election. I voted for Andrew G. Curtin for Con

gress.

Cross-examined by D. H. HASTINGS, Esq.:

Q. When and to whom did you pay your State and county taxes for the year 1878-A. To Thomas Purdue. I hold papers against him. He told me my taxes were all fixed.

Q. Did he give you a receipt?-A. He did not.

Q. Did you pay the tax on Purdue's duplicate in cash?—A. I did not, but it was the same as cash to me.

Q. State the time when Purdue told you your taxes were fixed?—A. I think it was some time towards the latter part of September, 1878. Q. When did you give Purdue credit on the papers he owes you ?—A. It was shortly afterwards; I can't remember the day.

Q. When did you pay your taxes of 1877 ?—A. Some time in April, 1878, I paid the balance that was back. I was plowing corn ground at the time.

Q. Was that county or State tax ?-A. It was both, I think.
B. F. HUNTER.

Witness:

R. C. CHEESMAN.

GEORGE P. RISHEL, being sworn and examined, deposeth as follows: (Counsel for contestee agrees that the witness on the stand may be examined this day without objection as to time of notice, which was for April 3, 1879, hereby reserving all objections to his testimony, for the reason that it is not rebuttal in any sense to prove his qualification as a voter at this time.)

Question. Where and when were you born?-Answer. I was born in Benner Township, Centre County, on January 9, 1854.

Q. Where do you now live, and how long have you lived there?—A.

I live in Benner Township, Centre County. I have lived there ever since I was born.

Q. Did you pay a county or State tax within two years and one month before the election held last November, which had been assessed at least two months thereto ?-A. My father did for me.

Q. Did you vote at the election held for Benner Township, held on the 5th of November last; and, if so, for whom did you vote for Congress-A. I did vote at that election. I voted for Andrew G. Curtin

for Congress.

Cross-examined by HASTINGS:

Q. What college do you attend?-A. Pennsylvania State College. Q. How long have you been attending this college?-A. This is my fourth year.

Q. You did not pay any State or county tax yourself in 1878, did you? -A. I did not; my father did for me.

Q. How do you know your father paid your taxes?-A. He told me that he had paid the tax.

Q. Then the knowledge that you have is hearsay, is it not?-A. Yes, sir.

Q. Did you pay a State or county tax yourself in the year 1877 ?—A. I did not.

Redirect examination by A. HOY:

Q. Who was collector of State and county tax for Benner Township for 1878-A. Thomas Purdue.

Q. Did he tell you that your father had paid your tax for you?-A. He told me that my father had paid the tax.

Recross-examined by HASTINGS:

Q. When did Thomas Purdue tell you your taxes were paid?—A. He told me to-day.

Q. Do you know when these taxes were paid?—A. On the 3d of October, 1878.

Q. How do you know of your own knowledge that your taxes were paid on the 3d of October.?-A. I know only by the receipt given me. Q. When was the receipt given to you?—A. This one was given me to-day.

Redirect examination by HOY:

Q. Had a receipt been given for your tax before the one you got today, and for the same tax?-A. Yes, sir.

Q. What became of that receipt?-A. I think it was left at Harper's store.

Q. Has it been lost or mislaid?-A. I inquired for it to-day, and Mr. Harper could not find it.

Recross-examined:

Q. Did you ever see the other receipt alleged to have been given for the same tax as that for which you have testified you have received the receipt for to-day ?-A. I did not.

Q. When was the receipt which you testified you received to-day written?-A. To-day.

Q. At whose instance was it written to-day ?-A. My father saw the collector to day and told him that he did not have the receipt, and thought that I ought to have one, so the collector wrote me a new one.