Q. Did you vote on age at the election of November 5, 1878 ?—A. Yes, sir.

Cross-examined by counsel for contestee, who reserves all legal objections to the service of notice, the relevancy and competency of the

witness.

sir.

Re examined in chief by counsel for contestant:

Q. Do you know John Road?-A. Yes.

Q. Does he live in the election district in which you live?-A. Yes,

SAMUEL KLINEFELTER.

WILLIAM ERHARD, being sworn, deposes and says as follows:

Question. State when and where you were born.-Answer. Miles Township, this county, 1830.

Q. Where did you reside one year immediately preceding the election of November 5, 1878?-A. Old Fort, Potter Township.

Q. In the northern or southern precinct of Potter Township?—A. In the northern.

Q. Did you vote in the northern precinct of Potter Township at the November election, 1878-A. Yes, sir.

Q. Did you reside in the northern precinct of Potter Township, where you voted, two months before the election of November 5, 1878 ?—A. Yes, sir.

Q. Had you paid a State or county tax within two years preceding said election?-A. Yes, sir; I did.

Q. When and where was the tax assessed?-A. For Potter Township, for the years '76, '77, '78.

Q. To whom did you pay these taxes?-A. George Koch, Mr. Swab, and Mr. Boal.

Q. Did you pay any of these taxes within two years and prior to the 1st of October, 1878?-A. Yes, sir.

Cross-examined by counsel for contestee, who reserves all legal ob jections to the service of notice, the relevancy and competency of testimony.

Q. Mr. Erhard, did you sign any paper, either printed or written, and make an affidavit to the facts therein stated, and hand the same to the election board before or when you voted, at November election, 1878 ?— A. No, sir.

WM. ERHARD.

DANIEL FAUBER, being sworn, deposes and says as follows: Question. State when and where you were born.-Answer. I was born in Lebanon County. I am 66 years of age.

Q. Where did you reside one year immediately preceding the election of November 5, 1878?—A. In Potter Township.

Q. In northern or southern precinct-A. In the northern precinct. Q. Did you vote in the northern precinct of Potter Township at the November election of 1878—A. Yes.

Q. Did you reside in the northern precinct of Potter Township, where you voted, two months before the election of 5th of November, 1878?— A. Yes.

Q. Had you paid a State or county tax within two years preceding said election?-A. Yes; they don't wait on me long.

Q. For what district was the tax assessed?—A. Potter Township.

Q. For what years?-A. For 1877 and 1878, I think.

Q. To whom did you pay the taxes, State and county, for 1877 and 1878-A. Mr. Swab and Mr. Boal.

Q. Did you pay the tax to Mr. Swab before the 1st of October, 1878 ?— A. I think so; I am not sure.

Cross-examined by counsel for contestee, who reserves all legal objections to the service of notice, of relevancy and competency of the testimony.

Q. Did you sign any paper, either printed or written, and make an affidavit of facts therein stated, and was said paper handed to the election board before or when you voted at November election, 1878?—A. No. DANIEL FAUBER.

CHARLES M. ARNEY, being sworn, deposes and says as follows: Question. State when and where you were born.-Auswer. September 19, 1857, in Potter Township.

Q. Where did you reside one year immediately preceding the election of November 5, 1878?-A. In Potter Township.

Q. In the northern or southern precinct ?-A. In the northern.

Q. Did you vote in the northern precinct of Potter Township at the election of November 5, 1878 ?—A. I did.

Q. Did you reside in the northern precinct of Potter Township, where you voted, two months before the election of November 5, 1878 ?—A. Yes, sir.

Q. Did you vote on age at that election ?-A. I did.

Cross-examined by counsel for contestee, who reserves all legal objec tions to the service of notice, the relevancy and compentency of the testimony:

Q. Did you sign any paper, either printed or written, and make an affidavit to facts therein stated, and was said paper handed to the election board before or when you voted at November election, 1878 ?—A. I didn't.

Q. Did you make an affidavit before the election board as to your qualifications to vote?—A. I did. I was sworn to my age.

Q. Who administered the oath to you?—A. Mr. Shannon, esq.

Q. Was Mr. Shannon a member of the election board?-A. Not more than he did the swearing.

CHARLES ARNEY.

J. W. BARE, being sworn, deposes and says as follows:

Question. State when and where you were born.-Answer. Churchville, Centre County, May 2, 1857.

Q. Where did you reside one year immediately before the election of November 5, 1878?-A. At home at Churchville, in the southern precinct of Potter Township.

Q. How long have you been living at Churchville?-A. Ever since I was born; never left there.

Q. Did you vote on age?-A. Yes, sir.

Cross-examined by counsel for contestee, who reserves all legal objections to the service of notice, the relevancy and competency of the testimony:

Q. Did you sign any paper, written or printed, and make affidavit to the facts therein stated, and was said paper handed to the election

board before or when you voted at the November election of 1878 ?—A. No, I didn't.

Adjourned until 9 a. m., April 2, 1879.

Met as per adjournment.

J. W. BARE.

WEDNESDAY, April 2—9 o'clock a. m.

J. A. GROVE, being sworn, deposes and says as follows:

Question. State when and where you were born?-Answer. I was born in Clinton County, Sugar Valley, on the 13th day of May, 1836. Q. Where did you reside one year previous to the election of November 5, 1878-A. Potter Township, northern precinct.

Q. Have you paid a State or county tax within two years preceding the election of November 5, 1878 ?—A. Yes; I have paid all my taxes up to the present, and pretty heavy ones, too.

Q. State when and where you paid tax.-A. Taxes for 1878 I paid here in Centre Hall, J. C. Boal, just before the June term.

Q. When and where was the tax assessed?-A. They were assessed on my property.

Q. Is your property in the northern or southern precinct of Potter Township, and in which precinct did you vote?-A. I voted in the northern precinct. My property is in the northern precinct.

Cross-examined by counsel for contestee, who objects to the testimony of this witness because it is not rebuttal, and reserves all legal objec tions to the service of notice, and to the relevancy al competency of the testimony:

Q. Mr. Grove, did you sign a printed or a partly printed and written paper, setting forth your qualification as a voter, and make an affidavit thereto and hand the same to the election board before or when you voted at November election 1878, other than your ticket?—A. I did not, the best of my recollection.

J. A. GROVE.

GEORGE W. HARPSTER, being sworn, deposes and says as follows: Question. State when and where you were born.-Answer. Born in Potter, 16th day of March, 1857.

Q. Where did you reside one year immediately preceding the election of November 5, 1878?—A. Here in Potter Township.

Q. Did you live in the northern precinct ?-A. Yes, sir.

Q. Had you paid a State or county tax within two years preceding the election of November 5, 1878 ?-A. No, sir.

Q. Did you vote on age?-A. I did.

Q. Did you vote in the northern precinct of Potter Township at the election of November 5, 1878 ?—A. I did.

Q. Mr. Harpster, do you know of any person by the name of George B. Harpster that voted at the election of November last on age?—A. I do not.

Q. Is the name of George B. Harpster on the poll-list No. 63 intended for your name?

(Counsel for contestee objects because it is not competent.)

A. I think it was.

Cross-examined by counsel for contestee, who objects to the testimony of this witness because it is not rebuttal, and reserves all legal objec tions to the service of notice, and to the relevancy and competency of the testimony.

Q. Is your name on the poll book of Potter Township?-A. I think it is; yes.

Q. How do you write your name?-A. G. W. Harpster.

Q. Did you sign a printed or a partly printed and written paper setting forth your qualifications as a voter, and make an affidavit and hand the same to the election-board before or when you voted at November election, 1878 ?—A. I did sign a kind of a certificate.

Q. Were you sworn?-A. I was.

Q. Who administered the oath ?—A. Mr. Shannon, the justice of the peace.

Q. Was he a member of the election board of Potter Township?-A. I don't know.

Q. Where was you when you made the affidavit ?--A. I was in the room where the election-board was.

Q. What facts did you swear to?-A. I swore that I was twenty-one years of age.

Q. Who was judge of the election in Potter Township on November 5, 1878?—A. I think J. J. Arney was judge of the election.

GEO. W. HARPSTER.

JAMES W. COLDREN, being sworn, deposes and says as follows:

Question. State when and where you were born.-Answer. I was born in Milroy, 1st of May, 1853.

Q. Where did you reside one year immediately preceding the election of November 5, 1878 ?-A. Why, in Centre County.

Q. Where did you vote at the November election of 1878 ?—A. In Potter Township.

Q. In the northern or southern precinct ?-A. In the northern.

Q. Did you reside in the northern precinct of Potter Township, where you voted, two months before November 5, 1878-A. Why, I had not lost my residence here. I was away in the summer until about the middle of October; then I came back.

Q. Where were you during the summer, and what were you doing?— A. I was in Stark County, Ohio.

Q. Well, what were you doing?-A. I was farming.

Q. Did you leave Potter Township, when you went west, with the intention of staying, or did you just go on a visit or short stay?--A. I went with the intention of coming back in the fall.

Q. Did you still claim Potter Township, Centre County, as your home? -A. Yes, sir.

Q. Had you paid a State or county tax within two years preceding the election of November 5, 1878 ?—A. I did.

Q. When, where, and to whom did you pay that tax?-A. I paid my tax to Gage Koch, in June, 1877.

Q. When and for what was that tax assessed?-A. For '76, Potter Township.

Cross-examined by counsel for contestee, who objects to the testimony of this witness because it is not rebuttal, and reserves all legal objec tions to the service of notice and to the relevancy and competency of the testimony:

Q. Mr. Coldren, are you married or single?—A. I am married.

Q. When were you married?-A. November 11, 1877.

Q. When did you go West?-A. First day of April.

Q. What year?—A. In 1878.

Q. Did you take your family with you?-A. I did not.

Q. Where did your family reside during your stay in Ohio?—A. In Potter Township, Centre County.

Q. In what business were you engaged in Ohio?-A. Farming. Q. Did you rent a farin, or were you employed by the month or day?— A. I was employed by the month.

Q.

there.

Did you like the country there?-A. I liked it middling well

Q. Could you do as well there as here?-A. I could; yes, sir.

Q. Why did you not stay there and make it your home?-A. Because I didn't want to.

Q. Was it not your idea, when you went to Ohio, to make it your home, if you liked the place and could do well for yourself and family?— A. No, sir; it was not.

Q. Did you pay any taxes in the State of Ohio?--A. I worked my time out on the road. A fellow that works on the road two days need

pay no road tax.

Q. Was that in payment of State or county tax?--A. It was in payment of all taxes.

Q. Have you paid any State or county tax in Potter Township for the year 1877 ?—A. I did not; no, sir.

Q. Have you paid any for the year 1878-any State or county tax?—— A. No,'sir; I didn't.

Q. When was it that you paid the last State or county tax in Potter Township?--A. I paid my tax for 1876 in June, 1877.

Q. Was your State or county tax for 1876 assessed within two years prior to the 5th of November, 1878 ?--A. I was assessed along in the spring of 1876.

Q. Did you sign a printed or a partly printed and written paper setting forth your qualifications as a voter and make an affidavit thereto, and hand the same to the election board before or when you voted at November election, 1878, other than your ballot?-A. No, sir; I did not. JAS. W. COLDREN.

EDWIN RUPP, being sworn, deposes and says as follows:

Question. State when and where you were born.-Answer. In Union County, Hartleton.

Q. When?—A. In 1856, the 6th of October.

Q. Where did you reside one year immediately preceding the election of November 5, 1878?-A. In Harris Township.

Q. Where did you vote at the November election of 1878?-A. At Boalsburg, Harris Township, Centre County.

Q. Did you reside in Harris Township, where you voted, two months before the election of November 5, 1878 ?—A. I did.

Q. Have you paid a State or county tax within two years preceding said election?-A. Yes, sir; I did.

Q. When and to whom did you pay the tax?-A. I can't tell you the date when I paid the tax; I paid it to John Carper.

Q. Did you pay it prior to the 5th of October, 1878?—A. I paid it before.

Q. Was John Carper, the man to whom you paid this tax, collector of State and county taxes for Harris Township?-A. He was. Q. For what year was this tax assessed?—A. 1878.

Cross-examined by counsel for contestee, who objects to the testimony of this witness because it is not rebuttal, and reserves all legal objections to the service of notice, and to the relevancy and competency of the testimony:

Q. Mr. Rupp, what is your business; what do you follow ?-A. Farm