Lancaster Examiner and Herald

              VOL. XX3TO
LA|i;(PASTERv M^y^-I^^ ¦ 9, 1857.
No,
^
PUBLIB&XD'Blr
EDWAED 0.-I>ABii£NGTON,
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BUBIBS8S NQTICM iMMlid baftir* Marriages and Deatha, do^Ie the ncalar rat«a.
I7> in Mnrttebag iMdnnta araoontldered eoUecta- hla at ^le.axplrfttlon^i half the period eoutraeted for. TtAmlent AdTerllMmut, oasb. .   .
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-     From the Dally Evening Express.
The Prottionotary Contested Electioii Caae,
Conrt umonnevd that this xooming had beeiL atd, aad« for hearing the oontoBtwl eleotion ease, and as the tMUmony waa likely to bevery volttminona, they, aaggesbed that the parties wieot a ^erk to take down testunony—the cost of wUoh would of. eoursa be, at the ezp«nM of the ptfties.' Tha attornsys said tliey would make meh seleoUon for the aftemoon sMsion.. The coonsel are, for oontestaitta, Hon. I. Stevens, 0. J. Diokey and Edward Beiley; ff^i^ reapondenta, Col. W31. B- fordney and JT.'Ii. EeynoldB^
Tbe first point raised was aa'.ctbjeotlon taken by respond«nt« tp a portion of the repUoation filed by tbe contestants, ina&mnch as it'set forth new fkota, and if each par^ were allowed t* ruse new issani in their replications, these answers- would go on inter¬ minably.
Mr. Stevens said he did hot understand the law defined any partionlar formality in the proceedings, but believtd the. .petition oonld be amended at any time. The qnestioh was laid over for argnmant at some foriberHBlage' of the pnx^eedings.
On motion of Mr. Stevens the boxes of the several distriots, riz: the 1st, Sth, 9th, 22nd, 31st, 32nd and 48th were ordered to be given into the custody ofthe Frothonotary to be opened, and the tally papers and assesment lists to be filed.
Richard Nellcs, of the N. E. Ward, called by re¬ spondent to prove Uiat Roland Kinzer and ¦
Colnnan made abefoT $2.60 on the result of. the
election f Baid tiie bet was only as regarded the result of the election of.Sherifi'; be held the stakes and gave them np to Kihzer'aiter the election.
Mr. Stevens read the first section ofthe third article of tile constitution, which says—
" in elections by the citizens, every white freeman of the age of twen^-one years, haviogregided in this State one year and in the election district where be ofiers to TOte,.teQ days immediately preceedlng such election, and within two years paid a State or County tax, which shall have been assessed at least ten days before the election, ahali enjoy the rights of an elector"—
and contended that he conld uot be deprived of that right by any legislative enactment ooafiicting with it; altboagbhe admitted tiie law, so far as'it imposed a fine for snob^ractibeg, was a good one.
The Court, npon appUeation, directed the Prothon¬ otary (in open<^ourt} to open and make returns of the tally papers, Ao., in the four wards of the oity. Tbe boxes were opened and the olerk reported that there were no assessment lists in any ofthe boxes.
Mr. Stevens sud that tbey had just disoorered that by special act, referring tu Lancaster Coanty alcme, the inspectors at the fall elections were authoriied tb retain tbe assesjiaent lists until the spring election; tbey therefore would ask for an order on the inspeo* tont of all the diluted districts to produce the same.
Mr. Reynolds now asked that tellers be appointed to re-connt the ballots in the boxes of the Stii, 21st, 31st and 48th districts, and nominal N. P.Xightner, Esq., as one of the tellers ; contestants nominate G. C. Darlington, and by consent the boxes were taken into the Library room for the recount of ballots.
Court mentioned, that by a special aot, provision was made that the parties to the contest bad to pay the tellers of tbe re-coaoted ballots.
Mr. Stevens informed the Court that tbe Columbia Boxes had been bronght into Court unsealsd.
Esqmre J. H. Hunter was then called by contes¬ tants, and testified tbat ha had brought the two bal-' lot boxes (boxes produced—oyster caiis) into Court; tbey were the boxes for county officers, of the upper and lower wards of Columbia; tbe boxes were brought to bis office unsealed this morning at 7^ o'clock, by lUcbard Derrick tbe High Constable; the boxes for tha past four years were always brought to his office immediately after the tally list was made out, until tbe present occasion; they were this morning brought with the other boxes, in an unfastened old box.
r^ The election was held in tbe Town HaU ; dees not know whether Derrick has custody of the Town HaU. Esqr. Evans' office is the nearest the HaU by a few yards; Evans was on the same ticket as Martin.
Jacob Glur, oaUed by respondents,.testified that he was aujinspector of the W. Hempfield district, at the last eljntion ,- he and the other inspector took the boxes jiome. as they both lived in one house.
^ .* The boxes (produced—tin canisters, which CoL Eordney took for preserving cans) were not sealed; they had been in the same condition ever since the election; tbe boxes were not locked np; witness was away from home occasionaUy.
Jno. TV. Irwin, caUed: I was an inspector of the Salisbury district; Mr. Sam'l Henderson, the judge, brought the ballot-boxes to me abonttwo weeks after the election.
TBE  ORUUOBE  BOX.
Mr. Brown, sworn: Was judge of tbe Drumore district; on the erening of the election wben ife (tiie officers) went to supper we took the boz«8> with ns, and when we returned we brought them with ns and vet the *'Oauiity officera^{and"*^i]a^dminto'-' hoxe^npat the window where tiie^panti hadbcan tak«i out to reoeiye the tiokets; the wind was-blow- ingTn at the timel Mr. Steele, one of the inspeotora, set his hat on tbe boxes ; wc then commenced count¬ ing the J State box, and had counted abont half an hour or more, when, feeling the wind come in, Mr. Steel turned ronnd and found the box gone.
Mr. Shenk subsequently went round outside and found it on the ground; tbe groand outside is level with the floor on the itisldd; cannot say pcssitively, bnt I think the pane is larger than eight by ten; the boxes were botb set np to stop the wind; the wall is a thick wall about eighteen inches thick; I do not know how.long the box was missing; when we missed the 4>'ox the hat was found standing on the other box; tbe box was far .enough away from tbe glass to let the hat fitond; tliink no person could get beUnd the offioers and box; heard no noise that attracted onr attention; we tried afterwards to see if the box wonld fsH oat, hot it would always slide in, so that witness does not think it could hare faUen out; there was not room enough behind and between ns and the window for any one to stand ; if any one had leaned against the box tbey might hare pushed it ont; the bottom rul of the sash stood up two inches above ihe window siU.
[Mr. Fordney oaks for the production of the Dra more boxes.]
M. The room in which the election was held was a small one; tiiere was a Franklin stove in the room; the air was bloving in, and to prevent it coming on onr backs we plaoed the boxes in the window; whilst counting one box the other two were np agfunst the window, within onr reach; feeling the air on onr backs cansed ns to look round; "iSr. Steele, one of the inspectors, first observed it, and this lead to the de¬ tection of themisdng box; the observation was made as soon as the air was f«U; when we spoke of the matter Parker Shenk was sitting near tbe stove; be had been there some time; it was not long after the box was missed that he fotind it—say about fire minntes ; he banded it in to us from the yard; do not know whether it had been disturbed; when we opened it it did not appear as if it had been disturb. ed; there bad been some boys laughing and talking abont; we told them to keep qoiet or go oat of ^e room; they erentnaUy went-out;   there are   two windows which look into tbe room;  the window where the boxes were was' about 2 feet to 2:8 from the groand, soScient to obstruct a boy's view of the inside; my impression is ttiat the boxes were stand¬ ing on tbeir ends; if they had been placed horizon^ taUyoneach other the top one would sUdeofT; but my opinion is they were on end; the sash rail is two or two and abalf inches about tbe sill on which they stood ; if a person were to lean agunit them in their, chair they might be knocked out; I as judge of the election saw nothing wrong in thebox wben returned, and we received and counted tbe  ballots ; my im¬ pression was the boys had taken it out in fun ; the ballots in tfact box came out somewhere near the same as the others; do not reooUeet exactly ; as soon as the box was missed we immediately made search, bnt could not find any one who knew anything about it; the yard ts enclosed by a fence.
In Chief: The yard was tha one the voters came to that day; saw no boys about; it was our impres¬ sion that the box was taken out; bad notlooked into tbe box. from closing ofthe election nntil it was re- eorered; the lid was not Jastened more than it is now.
TESTIMOar  FOtt. RE8P0NDEMTS.
James M. Steele, Znspebtor: When the polls closed we went to supper, took the boxes with ns aod when done took them bock; then placed the State box on the table and the others on the window; felt the wiud . (Jbming in, as I satoppoiAte the window; got up and plaoed the boxes opposite tbe opening in same posi¬ tion and ptace'd my hat on top of them ; ifi a short time found the air too cold to sit there and got'uti' and diaoovered the cause; found the box was gone; tlds created some eiciten^ent; in the mean time, Mr. Shenk bronght the box in; I cannot say whether through the window o^ atthe door; the time the box was missed or I felt the cold air was only a few min¬ ntes; ftonl the time it was missed nntil retnmed waa also bat. a few minutes; from the time I placed the boxes at the window to keep the ur. out until wa dis¬ covered the boxes to heaway Z oannot teU; from the manned sat no one -eonldget behind; Z could not hit the box with my head ais there was abont fifteen inches of waU; the box did not appear altered when we got it back; when we opened it there was not any batoh-of Carpenter tickets at top; there was nothing unosual about the top more uian any otiier part there were boys in the room during the evening they made & great noise; they were obrrected and some left the room; as I sat and from tiie position of ihe boxes the view wonld be obstructed from the
fard ; we tried but oonld not discover anthing as .to OW the box was removed j when we recovered it we l^aeed it on the table; do not know whatbef'Shehk IS a voter.
^ M. My hat.waa left lying on the ^dow dU j '< ani not positiveHn what position; I-do not know of its. being touched inside; the tickets are pat in at ;ihe •nd; tiie lids were iipt fastened...
Parker Shenk examined - .was in tbe room on the evening of the election whenvthey were-oonnting votes; was setting by the stove about three quarters ofanbonr; Mr. Steele reqaested some one to gO out, as there was a box nmsed. ~ I went roand to the win¬ dow and strnck my foot against something. Itiiought it waa the box; stooped down and Bicked it up, knd handed it in to one ofthe officers. '
. M Have no knowledge how it came there; have no .., Kpowledge.oaWB sabjeet.
.,Hi9maUtfUb,d^^tl.fl«de their latnm •« foUows: -
CfinpMrter 105; Peter Martin 100 r blank d. "^
^''¦5Bi*5oiealieo—Whok iinmbwofToteeaTi: Car- '^«i»»*^^'?!yM*«a 131; Joseph llrsybittS; bUnk 6. *^^|iM»r-Wt<2« ¦ nanber of: vote. 309;; Carpenter t^Wh-l^x&smt «r»ybm-l i Wank I. *^^^^ '
ir«rt J^Jr-Wjhole number of votes 230; Carwai-
'¦;. ¦ XThifWoptotdwwiA giin. of 29 votei for Cttpen-
•i: - koek «ba 17.VV«it;,Stt]> ud oT: 4i «T«r tba a^
¦'¦-:¦.. ':¦ or<dBdalnfconiLj -St"^: .' ¦       '- ¦       •>   - ^. j"
TUESDAY MOKNINa: ^^^^^^T^^ deposition of OhwF. Voigh^of g* 8..W. Wwd,
s.tSi.forth.tii.t h. hi^ ^»S?^'^;S«S?'*^»'™*
hadpwd noSUto or County t»rwitbfc two ywrs. Mr: Sotdney obj«t«l, »f » "SSt*' f mjthontiea were cited pro and oon., , AdnaUted by, Conrt    .
Mr Stevens offBwd to amend Uta petition of ood- testantfl, by adding • number" of additional nKmas to th»listofaUeg«i iUegal.'Vot«ri in 3*DB»it« City; wbich was objected to. argued,.and finally admitted by tho Court, Judga Long stating be thonght it would be wrong to refose ntctk'&Q offer, in »«ase of so muoh importance, whanipwties ina.olvU suit, where less maybe at stake, can.amend'tbeir declarations at any time daring the prognss oFChe'testlmany.
Mr.FordneythenoSertd to«m«nd-tbe replication tafresponden^Bo.astoJbayejiU tha ballot bqzes (for •oun^ offlceri) of tfie coaiUy,^ ekoeptfhefonr alreadyt reooantetf, brought Into boiurt and reooanted.'   -
This oStr was in turn objeetad to, argued, admitted by the oonrt, and tile necessary order issued. Messrs. Lightner and Darlington ware appointed to re-count tliebaUatB; /
. ^be Kstofasaessinente,exonerations and poUbooks having been, bronght into oonrt, Mr Stevens was abohttb ball a witness, when Mr. Fordney raised the question, whether the vote of a citizen wbo was a qualified elector nnder the constitution, and had been regularly assessed, but had notpMd a State orJJoan- ty tax within two years, conld be thrown oat after the time prescribed by law for ohaUeuging such vote at the polls bad ^one by- Judge Long remarked that the constitution re- qtiired assassment and payment of tax- Mr. Fordney sMd the aot of assembly pointed out the mode of procedure, and the question was whether after parties had waived the right of objecting s.t the polls, and thus giving the voter an opportunity of paying his tax and exerciring his legal franchise, he oould have that right forfeited in a subsequent inves¬ tigation?
The court deoided that he could; thatfor a person to attempt lo vote without the requirements of the constitution being complied with was, "a legal fraud upon the elective franchise."
WITNES8£S FOB COBTXSTAHTS.
The name of Chas. F. Voight did not appear on the list of assessments, and he had been exonerated forl865-'56.
James L.. Messenkop [exonerated 185&-'56—paid no tax for *57] voted for Carpenter. On cross ex¬ amination said he oould'nt teU when he paid taxlosl^ paid to Mr. Lowry; knows be voted for Carpenter; voted the fall democratic ticket; the last tax he paid was more tban two years before the last election; had lost receipt.
Albert Messenkop [ex. '55-'5&—paid no tax in'57] Can't tell who he voted for; got his. tioket from Niel Donnelly; know it was a Democratic ticket; didn't examine it; don't know whether Martin or Carpenter was on it. H They didn't come afterme fortax, and I wasn't going to mn after them! .
Daniel Gall [ex. ^bb-^5^] voted the Straight-out American ticket; Carpenter's name was not on it.
Henry Loan, whose name appeared on tbo exoner¬ ation list for 1856. and had paid no tax for this year, waa called, wben Mr. Reynolds objected to witness being asked who he voted for, nntU it was shown tbat he had paid no tax between tiie 13tb of October, '55, and Oct. 13th, '57. Until it is shown that be is not a qualified elector he cannot be compelled to teU who ^ voted for, and they would ask the court to inform parties of tbeir legal rights. On the exoneration list this man was marked " off," meaning he was away from the city; he might have been assessed and paid tax in another district.
Mr. Stevens read from the act of 1841, that '* no person shall receive payment of, or give receipts for taxes not duly assessed, or from which the party has been exonerated, except be appears in person and tenders such payment."
The Court decided tbat the evidence produced made Kprijna facia case, and that the question may be asked.
Witness answered that he voted for Mr. Carpenter, to tbe best of his knowledge. H Did not pay tax witMn two years ; examined bis ticket and thinks he saw Carpenter's name: oaii't recollect names of can^ didates for Supreme Jndge; but saw the names of Sener and Carpenter on the one he voted.
Henry Simon [ex. '55-'5B—pd. no tax '57]—Can't teU who he voted for; Peter Kefler gave me tbe tioket; didn't look at it; don't know whether it was a democratic ticket or not.
John DeHufF [ex. '55-'56-pd. no tax'57J—Voted for Carpenter; oan't read, bnt got the tioket from a good democrat—Jacob Kautz. [Mr. Stevens, faceti¬ ously—"ah. he wonld slip in a Republican ticket.]
Henry Wentz-[ex. '55-'6-pd. no tax'57]—Can't tell who he voted for; didn't look at tbe tioket; got it from Jobn Francisous.
Matbias Frecht [ex. '55-'6-pd. no tax '57]—Can't tell who be voted for; got bis ticket from 0. C. M. Caines; asked htm for the "Dimmioratic ticket;" didn't "scratch" it
Jobn and James VTilliams not answering, and it being nnderstood that they did not intend to appear, Mr. Stevens asked for attachments against them-
George Ellinger being called, prodoced bis receipt for connty and school tax, dated Aug. 5. 1857, and retired.
Jas. M'Fadden [exonerated in one word] had paid property tax in another and was withdrawn. Had receipt   Adjoomed to half-past two.
• Aftsbnooh Session: At tho opening of the Court, Richard Derrick, High Constable of the Bo¬ roagb of Columbia was called, relative to the custody of tiie haUot boxes in that district. He testifiedtbat the October election was held in the Town HaU, of which he bad general charge, and that the officers of tile election left the boxes in a large trunk, wbioh be took in charge. It remained ta.-tiis obarge until he took it to'Ssqttire^Hiinter's oftw yesterday momr ing—tbey remumng in the samelobndition as when be handed them to-Mr. fin^ter^^xoept that he took the rope off of them with which tiiey bad been tied. On cross examination Mr. Derrick aaid he bad control ofthe Hall aU the-timethe b'oxes were there. When a School was commenced in the HaU he removed them to another room, to wbicb.^he adu^tted, the teacher bod occasional access; also the persin whoso dnty it is to wind tiie dock passed throngh it It was not open to the public.
The contestants resumed the examination of wit¬ nesses wbo had been exonerated for 1855 and 1856, and who had not paid tax for 1857—the latter fact being proved in each case, by Mr. Fairer, tax col¬ lector.
Wm. Shitz—Can't teU who be voted for; got his ticket from Wm. Kaatz, and made no alteration in it X . Did hot examine it
John Motzgar—Voted for Carpenter; never was. caUed upon fer tax; generally paid it when called npon. ^. £nows he voted for Carpenter because he saw his name on the tioket
David Kautx—Can't tell who he voted for ; got hia tioket.from Jacob Kauts; made no alteration in it
John Williams—Voted for Cwpenter. ^. Ex¬ amined his ticket.
James WlUiams—Voted for Carpenter as near aa he can recoUect; generoUy examines his tickets. ^. Had Carpenter's name on it.
At the request of respondents, James Yoder, was examined at this time, as be wished to go home. Testified that be was an inspector for the Adamstown District at the October election; Esais BiUingfelt was not an officer of that election; the officers counted (mt tbe votes and made out tbe returns themselves; "biv. BilUngfelt had nOtiiing to. do with it whatever; after the election witness and the jndge took the boxes down to Sqtiire BUUngfelt's (^oe; don't know whether, the box was sealed or not; there was a hole in the box where the tickets were pat in ; donH know whether it was sealed; witness kept bis-band over the hole when he carried it-to the Squire's office.
TMs witness was amazingly dtiU. and if Col. Ford¬ ney had not' admitted that he was a'demoorat, we would have takea him for a know-nothing.: After a tedious and^amusingoross examination he was per¬ mitted to retire.
Tbe examination of those who bad been exonerated for the tax of 1855^, and p^d no tax for 1857, was proceeded with by contestants :
Abrm. Qeiter—Can't teU who he voted for; never opened bis tioket; got itfVbm John Beekel. >1 Vote^ in Sontb West Ward; did not alter the ticket.
Frederick Hambright—was not certain who be voted for; got one ticket from Conrad Plitt and an¬ other from Jackson dinger; hadbotii in his pocket, when he oame np to Ihe polls with Clinger in tbe om- tubus; did not open or alter either of the tiokets.
Henry Hardy—Foterf for GreybiUI .   Jobn Fry—couldn't tell wbo be voted for; got his tioket from Chas. GiUespie ; voted it aa he got it with oat examining it
James Qainn—Can't telt who be voted for or who he got bis ticket from; asked for a democratic tick • .et; opened it and was satisfied it was " all right;" had tiie name (^SomnelH. Price pnt on it bnt didn't alter the Prothonotary. H Voted it jnst as Samuel Price altered it.
David Nelson-Voted for Carpenter. M Saw hia name ea the ticket; is not oertain whether he bad paid tax within two years or not; hadnot beencalled upon, and perhaps neglected it
Jaoob Ratter—oan't tell who he voted for, or what ticket; got it from Wm.Lowry.
Respondents here offered to examine Mr. Zeober, to show that David Nelson had paid State and County tax wiihin two years, which was objected to by Mr. DJekey, on the groand that tbey had made out such a prima facie case as justified them in asKing witness for whom - he had voted. If respondents nod an'y facts in reba^tal, tbey. could be presented when tbey oame to make out their side ofthe case. The Court sustained tbis'view, and Mr- Zeober was not beard.
Peter Getz-^vbted for Carpenter. H Bxaimned bis ticket; pud Philip Leonanl$lfor tax within two years; it was not State or Coanty tax.
Bernard Cosgrove—can't tell wbo bo. voted for; voted tbe ticket that Samuel Price kitared for him— made no other alteration; thinks it was a democratic ticket. ^ Had other democratic tickets in bis band, but thinks he didn't get them changed. Barney was subjectedtoasomewhat unpleasant crossfire under which he was judiciously plastic.
PeterMiller and T. B. Jef&ies were called, but it appealing tbey had pud tax, as required by law, they were not interrogated.
Patrick McAnaney, was called, bat prodaced his receipt, and was not interrogated.
The contestants here prooeeded with another class whose names did,not appear on. the assessment lists' famished to the election bffioert, but were npon the poU list as voters, wiUioat being, mu^ed, as-the law requires," tax," '.' aee,'.'. etc., when the vote upon any other quiJification than exhibited by tbe assessment;
Geo: Beesa; voted jit unaltered. >1 Was betwaaix^jnitt:} did)noi;.iO|»n^^aM. tioket;-voted it as given to Zl'and '22 years of age when he Toted last October.^ hlis. /.H D^KjP^ on an ;,U 2ff leeza old; paid To MK"Diokey—Vbt« for ^nohahahln 1856;' that' tu^.,in .'SS^jimawl^ro'ab election time ;,.don't was my Arat vote ; do&H faibw whether I was sworn 'nooilMV.mo l^id'it^i bave the receipt atnbme. at tiie pods or not; was bom on the 29th of Decern-   will brinjrft fhUiiB afteirnoon. j J
ber,18S5. !     Cyrus Kitch sworn: The assessment list offered to
Samnel Roblson, [same olass] Colombia, in reply prove that .witness is' not assessed; witnpss did not toth«;.agual qaestlon from Mr. Dickey, asked if tt know who'he^oAd for'; got his tioket Jrom Abm.F. was his bnrinesi.to know for wbotn he voted. Yes— Bair, who be werlted faf'; paid tnx 'Aagust 8tb : [re- onlesa yoii have a good reason.. Witness said he had belpt pfqddded; sets forth'" received of Cyros Kitch, piaid State and ebun^ tax and retired.   • > »,   .    for proper^ Of Davl8;E!tob,-Ap.]- Examliiation bon-
' Nicholas Beard (bronght up on ail attiubmen^ for   tinned:'the property ts mine; I got'it abont-.one Whlbh be'wis'ordered to pay costs) was In the ohm. year since; Davb has the Beed because he ha^ a small wbohad'been exonerated' for 1855-6, and'bnd not   mortgage on it: voted tbe tiekst just as given me by paid "ids. Ttdiw tax Ar 1857. "Mexirodao^d a receipt   Bair.    A^oaroed till two o'clock, for 18 oents tax, KlnnbyXr.Zecher, and dated Nov.       AptehhOok Session^ David McLane^recalled by
^ 185B ^being ueiariMtax.BS had been oxonerated   oontestants.   Witness-voted-the "-demodratio ticket
by Mr. Zecber fbr.'thafc year. < except Messrs. Martin, Shaefier and Vf bite.'
. „ Witness said he jost vent to Mr. Zeober, on Qie diiy > Bsquire Henry H. Knrtz, prbddoed 'the Manheim ofthe Presidential, eleotion, to getareompt tovot* box; was one of the olerks; thaiaipeotora andj[adge on; don't know,.whether he pud:bim AelSoeiite j countedHbe tickets; Benj.Eby:ana''J:6. "Hoste'tter before receiving the. receipt or not. . [Question^-1 opened 'the' tickets and banded them tb the jndge; mitted.] Don't know,whblv.otedfor;'gotm7 tioket i Hostetter was a-^cahdidate for. County Treasurer; the from Emanael Shober; did not alter it.. X Got my I judge took the tiokets out, turned tbem on the table; receipt from Mr. Zeober on tiie streht at tbe polls, or i one ofthe inspectors was out about ID or 15 minntes near the GrossKeye;'! asked him for It-^he did not' during-the count; Benj. Eby was not a candidate ask me first; I generally paid my tuces; doht't know - for a«y office nor an officer bftbeeleotion. : X.:IwbS' whether I had paid that or not: ;B&. Zeoher didn't   one ofthe clerks; there were ne others but those two
owe me anything; X beUeve 1 didj)^lp Mr. Seitz to batcher for him. [Tbeqaestiottofthe.rlghtof a ool- leotor.to give areoelpt of this kind, and-Its .validity under the act of Assembly, will.be more fuUy argued in the coarse of the inve8t%atioii.J
H.C. Biggsjex. 1855-6—paid no tax for 1857.] Voted the Detnocrauo ticket from top to bottom', Mr. Oarpenter^nbliided.'- KTbe last taj:he iiald was in PhUadelpbla in 1854.
Benjamin Donmeyer, [ex. 1855-4—paid.no tax for 1857.] prbdaoed a tax^raeeipt given tb ^. Dnnmey- er, wbich be'swears be paid on eleotion day to the plleotor for himself; knows of no other man ofthe name of Danmeyer Jn the ooontyexcept bis son John and he was not of age.
Mr. Fairer, (book showed no credit to witness) said such a receipt might have'been given by one of bis deputies; had no return of the inohey.'
Mr. Dickey directed a copy of the - receipt to be taken by tbe Reporting Clerk, for fhrther Investiga¬ tion.
Adjourned to nine o'clock on Wednesday morning.
lists.
WEDNESDAY MORNING: Court directed the Prothonotary to ask eacli person who prbdaoed any ballot,boxes into Court in what capacity he acted, whether he was the magistrate of the district, and if so, whether the boxes bad been in bis possession ever since the eleotion.
John Peish caUed: Mr. IMokey said tbey found the name of Peast on the list. After some consultation the witness was withdrawn. •'.''¦
John Bush, [Mr. Reilly offers the assessment list to show that witness was not.assessed, and the list of voters with Bush's name on.]
Conrt rale tbat if the witness' name is not. on the assessment list pr be bos no receipt for tax paid with¬ in two years, tbat'it it a. prima facie case of iUegol voting, and the question for whom he voted may be put; that as there could not be any crimination in answering the question for whom he voted, the constitutional right of answering tbe question before proof of bis illegal voting, must be made bv himself volantarUy.
Witness examined: vote^, tbe whole democratic ticket,-except. the substitution for Mr. Price; Zdo not recollect who altered the ticket or who gave It to me; it'was not altered only by the introduction ofthe name of Pric'e. i>< I bave had'my taxes paid for me for the past ten years; X have my receipt (produces receipt for '50) voted for Mr. Carpenter—^thatis if be was a democrat
Mr. Benjamin Rowe produced tbe ballot boxes of Fequea-twp.; is not a magistrate; the boxes were left at his plaoe, where the election was held; witness pnt them in the garret, and has not seen them since; one of his dangbters put tbem tberer-he tiiinks; is father to the present Sheriff, his son bad somewhat degen¬ erated in politics from him, but that made no differ¬ ence ; Esq. Charles is tbe nearest magistrate. Tbe custom has always been to leave tbe boxes at witness' house; ona was sealed and tbe other not
Esquire Hugh Mehaffy produced tbe Conestoga-twp. boxes; tbey were delivered to him this morning by Pries, who has had them sinoe the election; the key where tbey were kept was in the bands ofthe tavern- keeper, where they bare always been deposited for at least twenty years.
Henry Halbach—Witness' name not on the assess¬ ment list, bat was on the list of voters. Is 22 years of age, voted for Carpenter. X Never paid a tax; knew he voted for Carpenter; examined bis ticket; was not objected to at the polb.
[Attachments issued against J. P. Dostman and Andrew Reese ]
Esquire Esoies BUlingfelt produced onel^ot box of Adamstown not seated; tbe boxes were brought on the evening of tbe election, to Ms house by the judge wbo resides inhis house; did not get possession of it until last week; before that had no control over tbe boxes; witness brought tbe boxes to town on last Monday ; received no order from ooart to do so on Monday; was subptoned yesterday to bring tbe box into town, not before; was not an officer of eleotion, nor took any part in counting the votes: took no other part In the eiection than to swear the officers and tell them generally howto fiU-up the papers; did not have anything to do with connting votes orfilllng up papers; brought In the return papers to town him¬ self; kept tbe box in his voliase locked op at Sprech¬ er's since Monday; it had not been out since, until five mtnates before he'brought it. into Coart, it was not sealed any more than now r there ia a tape around it and that is sealed; thinks the Judge sealed it that way; the box has Jiet been opened nor bias there been any voteaputin, thought it-had enough ln-=-By eoBtefltante,-^The jndge'bx^aght tiie boxei to my bouse, where they, have always been; tbey were put bank from the place tbey were .taken from on the moridng of tbe elation; the judge of the election lives in the same bouse with witness ; when be fomid they were wanted in Court teok them and looked themnp; I saw a notice in The Express tbat there had been a rule of court taken to bring the boxes in and tiien took possession of the boxes—this was tbe latter part of last week; the inspector, Mr. Yoder, als(},-oame> to me and told me that Mr. FraUey hod snibpoened him and directed him to have the boxes brought into: oourt; told Yoder X bad no right to give hem bim, when he told me to fetch tbem in; I did not teU blm what X was going to do ; having business In town on Monday Ibrougbt tbe box in, thinking I conld pro- dace them, if wanted, withont going back; I was requested by the officers ofthe election to bring the returns in ; had always brought them in heretofore; Iiad been an officer of the election until last year; tbe jndge this year was a school teacher and could not conveniently bring tbem in; had notiiing to.do with counting the votes. H- Abraham Lutz was the judge of tbe eleotion, be resides in my house and keeps house for himself; the box was in bis apartments when X got it; do not know whether it was there all the time.
Contestants resumed tbe examination .of aUegod iUagal voters, oooasionally giving way to the interro¬ gation of parties bringing ballot boxes into ocnrt.
Jos. Dorwart, [Ex. in '55-'57]—voted for Carpen¬ ter-    >i. Had paid no tax.
David McLaoe, [Ex. '55-'56, pd. no tax in '57]— voted for Martin; got his ticket from Mr. Shaeffor.
Uriah Rutter, [Ex. '55-56]—voted the democratic ticket; got it from Shultz Reese, and did not alter it X. Thinks he paid tax witbin two years but is not sore.
Frederick Dorwart, [Ex. '55-'56, pd. no tax in '57] —did not look in tbe tioket; got itfrom Lewis Frick; made no alteration in It.
'Andrew Reese appeared with the Sheriff and was ' mulcted in the costs of the attachment issued against bim.
. Henry Dorwart, [ex. l855-6-pd. no tax in 57]— voted for Carpenter. X. Has paid his tax; [pro¬ duces a receipt wbich was objected-to by contestaqts, as the party haa been exonerated and receipt marked 'duplicate, receipt read dated October, 1857;] got this receipt in October ; paid in 1656 but lost that receipt; went to Zecher to pay iiun. [Mr. Zeober explained that the reason tbe receipt was duplicate ' was tbe witness told him be bad lost a former one given him.]
John Shlood, [ex. 1855-5—paid no taxes In'57.] Voted for Martin; examined his ticket.
Andrew Beese, [Mr. Dickey said tbey now find the name of' Shultz Reese on the assessment, and were informed.tbis was the. same man.J Had paid aU bis taxes last year; paid State and County tax to Zecher, was in the N. W. Ward at that time; Uriah Ratter came lo me and I gave him a democratic ticket with Carpenter's name on.
AmoB Groff, prodnoea the Martio box; Is one of the insp^tors; Jesse Engles had possession'of it; he keeps the house where the election is held; Itis In the same condition now as then.
Robert Evans was appointed teller to recoant the baUots, insbpad of E. C. Darlington resigned.
Jeremiah McLaughlin, [ex. IS55-4—paid no tax in '57 ] Does not know Trho he voted for; tbe tioket WAS democralio; saw Packer's name on it; did not scratch it
Jacob Finefrock [et*55-'56—paid no tax '57.]— Voted tbe democratic ticket; did not open it
Neil Donnelly: If be gave Albert Messenkop a ticket it was a fnU demooratio ticket ^>th Wm- Carpenter's name on. X. Did not examine all tbe tickets; got tbem of Mr. Morton.
James Kirk [ex. '65-'56—paid no tax '.^7J—Voted the demooratia ticket to the best of my knowledge, without alteratibn. , W. Got a ticket, from. Mr. J. Amwake, and badianother, but did not kuo'4^ wbich hevotvd; oaanot.TecoUeet-whose name was on for Prothonotary..Direct—At the time ofthe eleotion I knew the naines of the dembcratia candidates, and was satisfied- then, that it was a democratic tioket >i. Got s tioket from James Chambers and one from H. Bllbkensderfer ; do not know >how many candidates were running for Prothonotary on the democratic ticket (laaghter); pud my last tax to Naninan at the time of Zimmerman's first eleotion.
Geo. Bents produced theElisabeth-twp box ; is not a magistrate; got the box at his house where It was left, because tbey had no acting magistrate;. elected one, but he did not act; when the election was over witness put tbe box in the sideboard and there It had been ever since; Keener is not aimaglstrate there, he resigned after tbe last Preddential election; the box was.sealed.; the sideboard was not looked. P4. Have no obn^table in our township; people seem to think we do not reqaire tiiem.,
.. Henry.KeUer:-The Isist state and county tax ho piud was in;. August,,'55; voted for Carpenter.   >i.
persotis and the officers ofthe eleotionin the room at the time; thebox is in the same condition Igot'it
Esquire Sam'l Evans and Mr: North',' orOoIambia, were here sworn In as additional tellers for reoonnt- ing the ballots.   ¦       ¦'-   '   = -¦
James Jones baUed,fdx.- *65-*56-paId Fairer nO tax since.] Tbinks ba paid Zecher a tax'ih ^56, is not oertain of the .matter. . ^ To. the best of my knowledge I pitid the tax. (In ^oluef.} Took no re- oeipt-^oaraely ever did ; tiiinks be paid bim; 20; odd cents ; this was in the spring ol '56. [ The question of aidmitttiig the defendant's testimony in obhtradio-' tion to lhe>xpneration'list sworn to in Jnly '57, itea arghedwhenthe CotirtdeeidSd againstit] [Exam¬ ination resumed.] Witness voted a full demooratio tioket witii Carpenter's name on.
Ohos. GQleflpie called, gave John Fry a democrat- to,tioket to the'best of bis' belief, seldom opens any but hiB own; did not open the .one he gave'John Fry- ' Samuel H. Price; 6aIIed-7.bbjebted to as being one of tiifr parties-objected to by respondents as not a' qual¬ ified voter—^overruled. Witness altered Bernard Cosgrove's tioket forhim,'by patting a (dip with his name on over BreUeman's on tbd demooratio tioket; it was at Cosgrove's desire he did It; tlarpenter's name uid all the detnpcratib nandidatw were on. i< It was at bis office that be alteredjt; do not reooUeot asking^m to vote for me'or any one el^e; also gave James Glancey a ^cket with witness' name on. Wm. Carpionter'a nam'e was bn It
'^ (). C. M. Caines sworn: Matbias Frecht inlght have got a ticket from him; did not openit, nor any other bnt the one I voted; db not recollect giving Frecht a ticket; I was engaged pretty much aU day distribut¬ ing tickets ;"deaiocratio ones. ~
AlfVed Sanderson sworn: [not on assessment list] witness did not pay his tax ; went to the collector who had not his name in his list; my .father and I bold property jointiy, the receipts aregiven In our names jointly, andhe^ystax onthe'priiperty; never made any arrangement about purchasing any of the type, but consider I bave an Interest in the concern ; I do not know whether the tax receipts are made in our two names; the tax was paid on tbe concern ; my in¬ terest is at the pleasure of my father as to the amount; do not know that there are any tax receipts on the books in the name of Sanderson & Son ; believe itis the personal property and not tbe printer that is taxed; tbe last bill for type was debited to Saoder- - son & Son; the newspaper is headed Geo. Sanderson Editor, and Alfred Sanderson Assooiaie. Witness 'withdrawn for the time.-
W. B. Strlne, called [ex. 1856-6]^ witness has not paid either State or oodhty'tax within'two years ; did not know wbo the oblleotor was; voted for Mr. Carpenter.   ^ Examined his'ticket.
J. B. Kevinski, affirmed-—Witness 'voted on age at the fall election ayear^agb; (namd n'ot on assessment list,) voted in the North West Ward; never paid any State or county tax'; Voted for Mr. Carpenter for Prothonotary.    M. Examined .my ticket.
Peter Kline, sworn—(name nofon assessment list.) Witness cannot recollect what tioketbe voted, or from whom he got it; get his- ticket of a man 'at Treat's gate; went directly and voted without looking at it, or knowing who gave it to bim.
John Charry, sworn—(name not on assessment list.) Witness voted tbe democratic ticket; Jerry MoElIigott gave him tbe ticket; took it to be the whole democratic ticket; did not examine It. ><. Pd. his tax just before the la£t Presidential eleotion; tbinks be paid it to Wiley ; it was 50 cents ; has lost the receipt.
Jackson Clinger, sworn—Gave Fred. Hambright a tioket; tbe ticket X generally vote. (Mr. Zecher and Mr. Fairer were examined as to the payment of t&xra, found no taxes^paid.) Witness voted the whole democratic' ticket -without scratching. X. Did not read tbe tiokpt, and am not certain if I saw Carpen¬ ter's name on or not; the ticket I gave Hambright was one of the some X voted; did not read it; it was one ofthe bundle I had. (In obief)r-Was distribut¬ ing tiokets that day; Mr. Carpenter's name tvould be on the ticket of course, ifit -was democratio.
Mr. Peter G. Eberman, was caUed and prodaced the assessment book of tbe S. W. and N. E. Wards, and finds Geo. Sanderson taxed in the N. E. Ward upon occupation and real estate—none on personal property.'
Alfred Sanderson re-called ; tbe lot in the N. E. Ward ia mine; wIU be conveyed to me shortly ; voted for Mr. Carpenter. X Read my tioket before I voted, if John PhiUips produced Ftilton-twp. box: is not a justice of tbe peace ; the box was left In bis care on ,^ji-night ofthe election; the election was held at his r^denee; It was then sealed, as now; didnotlocklt up; put it in a closet after the election was held.
David Bachman, sworn: [ex. '55 non assessed for .lBS7,].bas not paid ta; for two yean direotiy; owns a Sta^ bond on whicb be pud tax within two years'; the tax is deducted .from the interest annuaUy. (Qua^tiOD arose on the qaalification of witness, under tbis deduction by the State Treasurer.) Court de¬ cided that it is not an assessmont such as tbe Consti- ttition. contemplates—tbe witness was not, therefore, dtily assessed. Examination resumed—voted for Mr. Cal;penter7 examined bis tioket. .'k'Henry Clinton, sworn—(name not on assessment list) Vo^d a full democratic ticket all but ono name ; put Sammy's name on for Coroner. X Did not ex¬ amine my ticket only to see Mr. Carpenter's name on; Mr. Summy gave me tbe ticket and so Xvoted it Mr. Dickey said that the tax collector of'Columbia was ' sick, and asked to have his depositiott taken. Bespondentd oppose on the ground that the testimony was tobe taken oraUy—Court decided that deposition In writing be taken. Daniel M'EUigott sworn: (Messrs. Zecher and Fairer say witness has not paid any tax since '55) voted at last eleotion; voted the ticket my brother gave me; do not know if my taxis pud; suppose my brother attends te tbat.
Andrew Marks, Patrick Coyle, Eden Hirst,- Eman'l Eirk, Philip Fox, Levi Jeffries, John WUey, George Bonce and Jacob H. Duchman were challenged, but .it being found they bad pnid tax, they were with¬ drawn. Adjourned to 9 o'clock Thursday morning.
J^baH Molar being oaUed, Mr.ReiUey offered tb^iP"^°<^'^<^'^^^'^^ -^^E- ^' '^^0 might have assessment list of Uie North Bast Ward to show-that^"' »'-^-^"'^-*-—'*»*'- *»•"* ^— ^-- -*¦- --'   •-
he bad hot been assessed, and the poU listtb'sbbw that'lw-'hadToted, and that the mark "tax" re- qidred by law in, snob oases was not opponte bis name.
Witness stid he paid a tax last August; don't know whatheche paid a.State or Coanty tax; paid £3^ or75cents...
' Mr. Dickey aaid thathavingnoir made ont &prtma facie case, Uiey propoieed to ask'witneas for whom he voted. -.'.  .-¦.*.; ..¦¦ .,.r ^-   ¦'-•.---'¦¦. ,:.= ..¦.:- :;.Mr. FoTdney.insistedthat.before^tbQ'ooaldbompel minta tb answaf tb!i qaeetiba tbey iniast show beyond iii qwtotionihat he is ita sinaloai volir. ;;: Ibr^^key nnUed Oat wb»n ^tam .undertakes to |dwd bii {oivuege faa ^xntuLsbqw that be is an ex- -eeptloni^'' " '    '¦       -¦¦•-•'¦-.•:• "'-'-;_3'-i •;>- i Aflar.'teme'.fiutharrdiwoaiioii.-i^iioa.tbB. solyeot Jadgs IiM|g.c«ai*Tlu(d tbftt^^tiiisi^aiRjif-yotersiisd been oonntftdlu iUiwal In. tl^ PbflJulalnUa IHitrbt Attorney-bue;-ltDd:^£r0dtad-t^qai>tiitfto
.'mtiwKziifMLiM^iw.Totfld foe OwAb^
FixedbiiowntfctotV   ' \^ '.
Jamas Clanc^TM^fa^ elM] Wtia''i^^ PnMrgafe:hittf:dO*%t>ow"wlMttwi^fti,iiftkJ)^^
lerat.ornot ,_,- ,i-.C<:K;,;-r.-i.i->--'-'.i. ;¦, *..:",.¦*¦"''->¦-" ,,Jwb> Jeiudi»''fiimr^iMl-.gc^Ua ^dUtfibn'.
had Maiiiii-^o^^.'tritbia that day,bat didnotgive any.ont;gp^i^' ticket tbat he voted from Qngb DoogherCy. and'made it to suit himeelf; It was a de- inocratie^ioket; did not vote it fall.
James M'HanuB [ex.'&5-'56—paid no tax'57]— Wit^esi does not know who be voted for; got tioket from David Reese; did not alter It. X. Have paid my tax [prbdaoed a receipt dated ^pt. .^trd]; paid it in '57; [no first name on receipt] witneu has lived in the N. W. Ward foV the pakt two years; llv^in the N.' E. Ward before'that [assessnient '^, cpntuns the name of M'Mdnui'ta&T- Contestants ^bnttand that it did hot show tbat witness was tlie peiibn HMised}; witness is not certain whether he was everauessedj; Mr: Fairer oalled at Us honaa'aiiA-bisi wife jiaid the tax to him; own zeal ectateiii ti* K.. W-'-WArd "¦¦' . Bernard- Fitipatriek,[awiiHBiiieat. U^ of, the 8-E-' Ward-prodnMcl,4b show that wi.tiufu ifaaqot atsess. ed-r&mnd to be aoessed] witlidx%va.j. .-r ¦ ' , ', Attachment was i0ae4:forAndijBiirJCaEk8:'
Wm'.'Sei&rt [list of S. W.- Wud'prbdoMd .to ptrore-. thatw^MssW.Unot assessed.] 'M^filafla^eipt.for bis tu f Ufa property holder J^prbdmber'tti^^eoerpii irithdrainL'' -   ' -¦ - •'-. ;;*¦-*•:   ¦¦ '-g.. :¦
irithdxminL
• Thbntirttilrf fnnTtirrnpsrtjf.fc'ilrlir. [¦¦yniimiif ui4bfikidiOFronw3tiMi sat aaJMBid ;3 witaun does uukIEaev«llollAtIA•d7larVfot^Ul tHket>£rom'0.'
THURSDAY MORNING: Esquire B. Jacobs pro¬ duced tbe Carnarvon district box; got them on tbe night of the election; was judge on the occasion; -it is in the same condition (sealed), as Xgot it
Jpbn Shertz [ex. '55, '5&-~paid no tax in '57.] Does not know who be voted for; got his ticket from Jobn Relgart; calculated to vote democratic tioket; never opened it.
Lawrence Mathews. [Zecher stated witness paid no tax to him; witness said never exon.] Does not know who he voted for; got bis ticket from Edward Eirk, be-thinks; voted the democratic.ticket; did not alter it; paid bis tax once, but cannot say how long since.
Peter Ruth [ex. '55, 68—paid no tax in '57.] Voted for Carpenter; witness produces a receipt dated '56 for tbe year '55.
John Roy [ex. *55-'66—paid no tax in'57]—does not know who he voted for; got his ticket from B. Fitzpatrick; saw tbe name of Paoker on It; voted it as he got it; cannot recollect positively whether he paid any tax.
Henry W. Gundaker [ex. '55-'56—paid no tax in '57]—tbinks he voted for Carpenter; intended to do BO; did not examine the wbole ticket; Packer's name was at the head of it; does not reeoUeot whether bepoid State and Coanty tax since .'54.
John W. Gross produced the Ephrata-twp., box ; witness is not a magistrate; got the box in bis boose on the garrist where tbe boxes are usually kept; does not know ifhether he brought the right one; brought; thB_o|eanest onc-^the one that bad the least dnst on It; (inugbter,) tbeboxwasleft on the table at his bouse',' after the election, and - wben we cleand ap, we put the b'oxesin thegorre^* sometimes they were taken to the Squire's and sometimes shey wore pnt in the garret; when tbe box was wanted he bOnted^one np; taok that beoanso/it was tha cleanest; itis in the Boipe state as wl^en he reoeived it
'Affidavit bliilg taken by James MoManus, jr., of ColuabfajitiUfcbls faither was sick, and that he bad heard ^t Constable HoUingsworth was also UI, "hix. Stevens asked and obtained a rule to tako the de¬ positions of MoManus, Sr., on Saturday afternoon next;, to be extended tu HoUingsworth, if found unable to attend.
James R. Marion, [name not on tax list as paid]— believes he voted the fnll democratic ticket H. Did not examine his tioket; has paid taxes, but cannot find any receipt sinoe 1854-
He'nry Eblerj [name not on \fx. list as pud] does not know wbo he voted- for f got'the 'ticket from. WhUbelm:and-:rnever .opened 4ti,<wes not know whether be battI>ftl4,*P7^^'\w;    ;  ,
Henl7' My^rly^'tnafflft'nbi on tax list as pud]— voted the wiiola'datoboratlb ticket X. Paid Mr. Zecher my tax in^'Mj^Iost-my receipt (In ohief.) Is oertain he paidjtebher-at the Cross-Keys tavern.
Mr. Zecher examined; does not recoUeot Myerly paying him; took, bis seat at the Cross Key's tavern in'56; the place was thronged and be might have paidhim; haa no mark of its being paid.
Upon application of respondents the - dupUcate of 'exonerations of '56 fbr Salisbury-t'^y- ^es ordered to be given into the custody of thePrutbonotary.
B. F. Wright; [ex. 1855-6] does net know who he voted for; got his tioket bf Mr. Youngman; does not recollect if he told his mother whether he voted for Carpenter; does not know whether he did vote for him; boarded and slept sometimes at boms and some¬ times at Minnioh's; got' bis washing done in tbe S. W. Ward, and voted in theN, W. Ward; did not get any body to prove bis residence; was not challenged. ><] Slept most at home; wben I worked about the road X boarded at Minnioh's; think I worked there ten days before tbe last eleotion.
Mr. Fairer called: Wright is assessed in tbe S. W. Ward
Geo. King; [ex. 1855-6, not paid in '57,] voted the whole dem. ticket except for , Price. ^ Examined my tioket; fe-caUed, oannot say whether Carpenteris name was on; did not axamin<Iit; it was not soratoh- eil except as laltered It •,.
WiUiam.Wngbt, sworn:'My. son B.F. Wright was at n^hbofie mbstiy. abtmt the time bf Uie election and for' ten-' days previous, except when Intoxicated iothathe.«.Daidnot.getJion^e;.did not teU me if he voted for Ovpenter or iiot
•'Bli CVerdeer.[ex. '56; '56—has paid Mr. Fairer •ine*] v.-Votedibr jar. Carpenter; looked atJiIs tieket Jacob F^X**- fiS» 56—paid no tax in '67,1 Voted fof.CsrpentMfaannot say whetfier be has paid tax within two years'; eeldoitf took:bu receipts ,.^. Hftniy. Leonard [ex, '5S,..^5ft—tax not pud for !57.1 £«y^'i*.«»J 'Iio I foted%;'goi my ticket'of Siiults ReeW j-gofit for » demo(»4ti<etwket,ahd did not •It«.^^«; B^ve-not .paid:S£i^ and oonnty t%i
to~2f(oli(au'BexH; had-vocoe tickets on my bar' windowi<-ttnd found they had-got milled;/suppose th^^bMu .Mme Icnow-^otbings about; it was aft^Iserrated tbem.Injibe afternoon that t gave Beard'a ticket,bff^tfie windo'w; belteve I gave' blm a dembcrat^b ^sVat;^do nol; know that I distributed anything but democratic tickets. *H The tioket I gave Beard was from the.,wiadow;.there were other tickets;'believe I g^Ve Min a democratio ticket; opened tbe ttcketsand sefnlrsted tbem before I gave Beard his.; they tnay'balvv got mixed^again.
.Geo.Poistb,.^[not on as»«Bsaentiist] voted for Car¬ penter^ t^ Saw Wm,C^^nter's name o*tbe ticket; only had'one tiolet f'dotfi not think he has paid State or Oonntiriucwmtlb tire yeaiC'T .     . ¦'HMuy-Millwwrt^ got
H on f3)enigb|trib^«!e%>4a$ mylionse'where the election is held; .i^^pe^tife^'a^iod when put away ; saw this morning the se'al broke'n; put the box away himself andToand it hi. tbe same condition; cannot say how the seal got broken'; it may have been so when pnt away; the onpbbatd where it .was kept was loekedby night and open; by day; the cupboard is behind my bar.
Robert McCafferty, Inspector,' prodaced the Lan- oaster-twp. box; got It from X>itiow*B 'tavern, tWs morning,where ,tiweleotion was held; tho officers left it there; when we gotit,itwas not sealed; gave It into Ditiow's .custody. DItiow examlned-^got the box from the officers on tha night of tbe eleotion; It is in the eamestate now as then; putitin abiip- board, and belioTe it has not not been distaxbed since. ¦,   '.     .-
PhUip stoner, Jnot on tax list as p^d]—voted for Mr> Carpenter for Prothonotaryr H Didnot ex¬ amine my tiaket;-did.'xtotopeh itmyself, butsawit opened ;¦ Mr. Price fixed the tioket hy my direotions, and.! thenesv.CaTpenter?8 atidiBowe's nanles on it; did not read the names; .cannot read writing or print either; does iiot know what else waa'on the. ticket; do'not know Trtietiier Peter ^Martin's name was on or. not—now know Martin's name was' not on, be¬ cause be is not-on,the demoQratio-.^ket; oannot recollect whetherhe*paida tax since ZIfimorman'sfirst election.' ¦;--¦••.¦ ¦;,
Philip Phinger [not on assessment H5t] Does not know Tfbo he.voted for^.got his tiekelj from WUUam Wilson, jr, of JBolbari^-st; voted ^ as I got it; did not ask for any pntinlar ticket.' :,
Charles' Howarter tnA^bn the assessment list.] Voted tha demooratio^iekst in part; -thinks he voted for Carpenter X 'Did not see his name on the fioket Bl ohief: Goi/my tibk4 firom J.-B. Amwake; he scratched Poute's name «ff by, my. direction; think witii tiiat exception I yot^Aa^ demooratio tioket
X "Dia -no( r«anfa4^teRYlN^<*tB,'oo^
city tax on tbe'^lhr.'^lut'Fresidbhtial election.
George Spong'[not'on aaessment list ] Does not know wbo he voted for; got a democratio ticket from Henry Hambright, and voted it as he gave it to me. X Did not examine it, and do not know more than what Hambright told: me.
The .following-persons were obaUengod as not being assessed, bat dismissed upon producing their receipts: Jairies Cosgrove,' Jeseph D. Watson, Samuel E. Gun¬ daker," Francis StahJ, Jacob Borter, Charles Fisher, NeU Mc€h^y, Chas: Tonng, James MarshaU, James DonneUy, Frederick. Odienhaor, Henry Schnaoffer John Nixdorf, James CammeU and Wm. MoMuUen given receipt in luune of-MbCallam.
Joseph Hnber, Jacob Long, Jobn G. Shenk and Wm. Myers were rfrongly subpoenaed. Adjourned to balf-pset two o'clock this afternoon. Aftebsoon Sebsioh: Wm. Galagher, [not on the assessmentllst]—Cannot'Ay who he voted for; got the tioket of George Reese; so far as he knows it was a democratic ticket. X. Did not open the ticket; oannot read; never pud any tax except at a Con¬ stable's eleotion, two years back ; do not knew who vras assessor tben. '^o chief.) It was at the Mayor's election.
Wm. Lowrie, has no recoUeotion of giving Jaoob Rutter a ticket; might have done so ; if he did it waa democratic; did not open it; got some from, the Cburman of county' committee, Mr. S^arr; do not know that X distributed any others. X- Got Some tickets from other persons'; may have opened some; don't recollect whether, If he gave one to Rutter, it waa a Carpenter tioket*''|ti chief)—gave none other than those I thought democratic tickets.
Wm. White, [ex. '55-'66}—cannot teU who he voted for i got the ticket from Geo Bhrisman; did not open it.
John MoCIeary, {or^ assessment list—tax marked not paid]—cannot swiear who he voted for; went tn to pay bis tax but the tax coUeotor was not there ; John Rose govt me the ticket aod X voted it without looking at it.
Evans Brioker, affirmed, [not on assessment list]— voted for Carpenter. X. Paid no tax; lived five years In the city; didn't examine my ticket; got it from Wm. Bell, who read the tioket to me.
Wm. Kauu, got the ticket he gave to Mr. Sheets for a democratic one; does not recollect who gave it to him; looked at his own; got tiokets twice ; if he gave Sheets a tioket it waa democratic.
Jaoob Swenk, [not marked paid on tax list] voted he thinks the demooratio ticket; got it of Jacob Am¬ wake, and voted it as he got it. X. Did not look at it, expected it was "right;" paid David Naaman a State and Connty tax in 1855 ; bad tho receipt on election day; bave since lost it. Mr. Zecher,ex¬ amined : David Naumon was never authorized by bim to receive any tax; witness war oolteotor in 185&-'56 ; Nauman was-oollsotorof oity tax.
Jacob B. Amwake, cannot say whether he gavo Swenk a ticket; gave nothing but the foU democratic ticket. X- Put them in my pocket to make sure, as there was several spurious ones about
[Announcement was made that all witnesses as soon as examined might retire, imlesa otherwise directed.] Paul Trout [on extra^,amssment list—marked not paid] voted the demoerM|:^jcl^et mth -Price and HainUtSn on; fixHd^tiiBniRit-myself* ^. Saw Mr. Carpenter's name on tbe uoket.
Henry Leonard, reappeared and produced a receipt for 1856. V  '
Samuel Overley,'[ntfetMthO'4aa-llBt-as pd.] voted' tbe democratic ticket, will out scratching; got it of Geo. BooCe. pi. Paid all-lhe taxes required of him ; paid State and County tax to Mr. Eendig before the election of'55 ; don't recoUect the amount; Kendlg marked it paid.
David Hoke, [hot on assessment list] don't know wbo ho voted for; got his ticket of Lowrie; did not ask him for any particular ticket. X. Have not paid any tax; did netlook at my tioket
Arthur McDole, [not on the assessment list] voted tho democratic ticket.wbo\and entire. X. Did not look at his tioket (In ohief) got.my ticket from Mr. A. Morton. X. Have n^t paid any tax for two yrs. Daniel Olmstead, [not ^n assessment list] voted for Joseph Gnjybill.
Contestants ask for an habeas corpus, adtestiftean- dnm io bring forthwith'from the connty jail, Jobn SnlUvan and John Trump, tbat tbey may appear as witnesses. >
Wm. Sporrier, [name not on tax list as paid] does not know who he voted for; got two tickets, one of Lowry and one of John Dougherty; did not loek at tbe tioket; voted one of tbem; expect it was the faU democratio ticket. X Cannot swear that the ticket had Carpenter's name oji; paid the last tax at the Presidential election, but did not take any receipt for it—Mr. Zecher answers that the tax Is not' marked paid on Us book.
Wm. KeUer, [name not on pMd tax list] voted tbe fuU democratic ticket ^ Did not see Carpenter's name on; saw Packer's; paid his tax at the polls at State eleotion '56. In'Ohief: paid my tax (produces receipt) given toW.A.'^Uer. Contestants object that witness is nottjib TfalL^fiilfir assBSsed,and called Wm. Boctius to provetmit a tbx payer Wm. A. Keller' resided in the N. W- Ward^ -Jtfr- Zecher,caUed: cannot find any other Wm, Kriler -on his list EeUer, re- coUed: got his tioket from H. A. Hambiight-
Tbomos Wiley, jr-, teitified that he bad endeavored to subpoena, bnt oonld n'ot find the foUowing persons, viz: Xn tbe N. W. Ward, Adam Toast Hugh Toner, Thos. Husk. Jao- Barry, Michael Corning, Godfried F- WUt, PhUIp Churchyard, Israel Barman, Michael KeUy and Michael Naglo. Xn tiie S. W. Ward, Jao. Kautz, Lewis Singleheiser, John Shoff, Thos. Lang- den and Christian Frailey. In the S. E- Ward, Joo- FoDst Peter Keffer, Eugene Horkins, Wm. Engle, Henry Eberiy, FbUip': Hqj;ner, Anthony McGUnn, David Xraxel, Thoa. 'fiurray, Chas. Sworts. Jobn Trump and Geo. Wymer.
Esquire Isaac Boshong produced the Upper Lea¬ cock box; gotthehox-^e evening ofthe eleotion; took it home that night e^d kept it ever since ; the seal has got broken coming in to day.
Officer Baker, testified that be had endeavored to subpoena but coidd not find AUen Gutherie, John Brein, Strickler B. Everts, James Reiley, Geerge F. Shultz, .Roger Meggban and Wm. Sears.
Georg'e HofiOiiagle oould not find to subpoena John Rein, John Madden, Christian McGInnis, Peter John- sonnJohm M. Kemp, J. W. Hnffnagle, Chas. Hepting, Miobael Kessler, Geo. Ehrisman, Wm. Boas, Fred. SpeicB,'JoHh Hoover, E. Spencer, Chas. Steer, and Peter Reily.
Jno. McCoy, [not on assessment list,] voted the democratic ticket; did not scratch the Prothonotary. t>< Read the' ticket saw Wm. Carpenter's name on; voted for him for fi;othonotat7; paid my tax In Lau- . oa£ter-twp;.la8t year-; Jirodooea receipt for '56.
Geo. Coyle, [not on the assessment list,] Mr. Jac. Kautz gave me tha.ti«ket^did not examine it. only- voted tbe democrittitTtidue: ^ Did not look into the tioket; no tax collector balled ou me; Heory Carson used formerly to pay.my tax; find he has not done so l&tely.
Christian Wettig, [not on the assessment list] never paid any tax; oannot say what ticket I voted; got it of John Enhns, and voted it wltbont alteration. X^ Is twenty-five years old; never paid any tax.
Jno. SnlUvan, (brought in from Prison,) [not on the assessment li^ proof given of payment of tax,] cannot say what time of day he voted; voted in the N-W!. Ward; made my home at W.Eubns*; is not cer- tun whether he v.oted this foU ataU; (oontestants show tbat'a'Jnd. SnlUvan voted in all four wards ;) objects to <aying wbo he voted for.
Andrew Steer, [not on the assessment list,] oannot say which ticket it was X voted; Jao. Kantz gave me the ticket and X voted it jnst as he gave It to me. )^ Could not read it;' have never paid any.tax.
Mr. Reynolds drew the attention of the Cotirt to the faot that the -witneM Bwenk bad stated tbat be bad paid a..tax to NaOnian ; Zecher. now finds his name on tus boolr.
The foUowing persons were ohaUenged and dismiss¬ ed, it being foand that tbey had paid their taxes, vis: Chas. Petermaht Fred. Fletterer, Frederick Heshman, Jno. Gable aed flarry Rohrer alias Stiff, Jacob Helena andLowrence Speidle were wrongly subpoaned. Court adjourned to 9 o'clock on Friday morning.-
nune; reooUeots snob a man In'tbe Fenolbles* Band; .did not distribota'any at the houses; gave some democratic ticdtets.out X ¦ The only one I looked at was the one Ivotid.
' Bernard Fitzpatrick, distributed democratic tickets; gave John Roy one. t>< Cannot say I examined tbe one I gave Boy.
J. L. Yonngman-
ticket; does not know .. ..- ..- ..„,.,-.-.-...,-        ...
thonotary; did not exam^e any; had "Straight-Out" transparent brightness. The reflection from the edges of a and democratieticketswlth Sheaffer's name on; does hundred olondi wandered hither and thither, over rook land nob know which kind be gavo bim. tree and fiower, giving a Btrnng-j. nnearthly brilliancy to t^e
Christian FraUey, [not on assessment list] thinks   most fabailiar things, he v^oted for Carpenter-   W. Examined my  tjcket;       A grOnp of ohfldren had gathered about tbeir mother In tbe
THE MOTmKING VEIL.
BY   «RB.   HARRIET   BSECIIEE   STOWB.
It was snnaet The day bad been one of the suUriaat of AngDst It wonld seem as if the fierce alembio of tha lost -Wright asket him for a Sheaffer ''wenty-fomr hoars had melted it like the peari in the golden low whose name was on for Pro-   °^P <>' Cleopatra, and it lay in the Weflt,.a fnaed mass  of
saw Carpentei^s name on; live in the 8. W. Ward;
snmmer-hoaseof the garden, whicb faced the sunset sky.—
have riot pitida tax for two or tiiree years come nex4 "™"'«-»°'i««"» ^negamen, wnicu laceti.uie «aDa«. sy.— PebmaryT^ not asked for ti^; gotm"tic£tfrom The bona*, waa wo of those^qnare stately wooden strno- Jaoob Kaute.. (In chief.) It was lilely a city tax. *°"*' ''^*^*'< ^^'^ P'^s" blinds, in which of old times the bet- George Fruley,. has not paid any Ux-within two *^' cla.«i8e8 of New Englanddeligbted, aud which remain to ua years; was hot asked for any; got the tioket from M memnrials of a raepeoted past. It »tnod under the arohes J B. Amwake or my brother to tiie best of myknow- of two gigantic elms, and was flanked on either aide with ledge; beUeve It was ^ a .democratic' ticket; never, gardens and grounds which seemed lesigned on purpoiefor voted anything else that he knows of.    ^-i. Did not   hospitality and family freedom.
open my tioket ¦ ¦ rpj^^ g^gjjiig ijght colored huge boqueta of petuniaa, which
¦ J°°-^«»^«'!;«t^f«'«t°/B«-McCJary onahe gtood witt their while or criiiiHon faces looking westward, opened and the other he voted; to the best of bis .„ t# *»,.„_ ™ -„  !; t,-„» _ *„ „ t* ni«nv;«afi 4km^^ ¦l^owledgetiiey were both demooratio tickets. M^ ",/^ *?^^ V ^1^^°^»°« °"^,^«^«3- ^^ '"i""'"^? ?,?™^: not look at tiie:tickets. J gave McClnry, bad bbtb of ooUored • verbenas, and tall columns of pink and snowy the other kinds; do-not think I gave him one of those P^lo^ea, and hedges of August, roses, making them radiant (tnchief,)'kej>t'tbe tioketflseperate- , *¦ ***9 flowers Of a dream.
' Ft«d:9UsraiarfTA.oaned;|believeB be paid the '56 ' The group in the summer-bouse requires more particular tax after the last election (paidFairer none,) witness i attention. The father and mother, whom we shall call Albert voted for Carpenter, [name. not on assessment list.] I and Olivia, were of the wealthiest classof tbe neighboring X;Ha8property in the S. W. Ward ; pud his tax for ; city, and bad been induced, by tbe facility of railroad travel- So long ago;-paidUio'66 tax about four weeks back; , ing, and a eensible way of viaWlng thinga, to fix their resi-
naid a'^sx'^^n w°fi, ^^fl"^ ^A'- ^°''^'' 1 deuce in tbequiet little village of Q^ . Albert hftdnotWng
Fits^ri^" ""' ^ * T'P*' g°'^'«P"P*'*y I in him different from mnllitudeflofhearty, joyous, bealthily-
Henry. Boas, [not on assessment list 1 cannot say ! oopstitnted men, wbo sabaisted upon daily newspapers, aud
what .^e^t he. voted; asked for tbe demooratio ticket i "°^ *^® world a moat comfortable place to live in.    As to
' -' "--- ¦    -    -   • — Olivia, she waa in th« warm noon of life, and a picture of
bnt cannot say who he got it from; the ticket was not opened:
Jno. 8. Dongherty cannot recoUectgiving Spurrier any ticket; if he gave him one itwasafuU democratic ticket. ><i Gave ont very few, bat think X examined all I gave out.
Mr. Stevens asked tbat Rudolph Binkley be Includ • ed in Uie rale to take testimony, at Columbia, pro¬ viding-probf be riven of his inability to attend.
Wm. Waltz, [not on assesment list of N. E. Werd,] assessed iu Harrisburg; produces certifioate of assess¬ mont for '56, says be paid the tax whun be got the as¬ sessment;-only found tbe certificate this morning.
Wm. A. Morton—AiQiar McDade got a ticket of me on the, day of the election; cannot say what it, was; 3td riot look at it ; did not distribute any bnt' demooratio, knowingly; had not altered the ticket in any way ,|gave him the ticket at bis own house; ho asked me for it X Did not open or read the ticket; did not open any of tbe bundle ; got some from WU- helm, Swarr and others; hopes he got none but dem¬ ocratic tickets.
Mr. Reynolds produced tbe certificate of Esq. Ezra Cope, stating that he bad been notified to produce the little.Britain ballot box, and tbat being nnable to attend, he had sent it by Mr. Waltoa.
James ChiUIs, sworn; [Not on assessment list] Paid the tax marked Jas. M. ChUlis; there is no otber Chillis in tho ward.
J. P- Dostman, Jr. appeared on attachment and was mulcted in the costs. Sworn in chief—[Not on assess ment list] Do not know what ticket he voted or who gave it to him , voted it as given to him.
Davis Fraim sworn: [Ex. '55, '56. uot paid Fairer since.] Voted for GrayblU.
John Franoiscus sworn: Gave Henry Wents tbo democratic tioket in full. X He opened tbe ticket and said it was the one he wanted; Carpenter's name was on it.
THE  WEST  EARL OiSTElCT ELICTION.
Ezra Burkholder sworn: Was one of tbe clerks at tbe West Earl election; was careful in tallying the votes; when tbe election closed, ordered the inspec* tors to seal up the box and deliver it to tbe nearest justice ; sealed np the return to send to the ProtiiO' notary's office; sent to store for some seaUng wax; the person came back and said they had none, and tben sent for some wafers, whicb were brought; did nqt examine them after he left the place. X Did not as¬ sist in counting the tiokets. Recalled: Made out tho tally papers and the return paper to the Prothonota¬ ry ; these papers agree, I guess, within a vote or two ; it strikes me they vary a littie; there may be some kind of defect some place; cannot say on wbat vote they do not agree; closed tbe polls at 7 o,cIock; did not hear till after the polls were closed any objection that the clock was too fast; two persons came there after the polls closed ; they did not say they wanted to vote; they did not say tbe clock was toe fast; we closed the poHs by the clock of tho house in wbicb tbe election was held.
.Jacob Myers, was judge at the election atEarlnlle; the Inspectors counted the tickets and there was a couple of strangers in the room at the time; tbe tickets wore sorted by the Inspectors and strangers, and I counted them over and read tbem off; read them carefully—so I thought at tbe time. X. The two inspectors and two strangers and myself aided in counting tho ballots; the two men who helped to count them were Jaoob Boother andHenry Cotbroff; the Assessor was in the room also; we sorted them in lO's aud counted them In that way; did not read the names separate. (In ohief) Did not examine wbat tickets were scratched in tbe bunches of lO's; threw out tbe scratched tickets and, put tbem aside ; if there was a varlariee on tbe regular printed ticket I laid it on one side and we read them separately. X. Cannot say whether there were many Union tickets witb Carpenter's name on or not; can recol¬ lect there being a few ; aU the tickets were read over by me name after name, with the exception of those counted in tens; was present and sigsed tho return B^e outfortheProthonotoryj- tbat).tetum was made from the tally papers;'! understand they do not agree since ; read off the taUy papers to the clerks, when Burkholder made out the return; did not read tiie return nor do not recollect if it was read aloud -before I signed it; do not know bqw correct it was ; tbe clerks copied it at the table and I signed it; do not know, for have not examined, It in what particular, the return differs from the taUy paper.
Esqnire Burkholder, re-oaUed: Has not examined the returns, and the tally pax>ers to see If tbey differ, only know It from report; (papers sent for); [witness corroborated the judge's testlmcay as to the manner of counting the baUots.] The judge read them off to tbe cleks ; read some fromthe top ticket of the pile and some by reading the whole. Boother and Catb- roff were tbe friends of Carpenter ; I was the friend of both gentlemen ; am more or less a poUtical friend of Mr. Carpenter; did not help to count, was minding my business as clerk; now and then wben tbey were counting I took hold of a ticket or two and looked at it; he read the names aloud by lO's, 5*s and so on to one; it was only tbe top ticket oi the lO's he read, [shown the tally paper] It] Is the tally paper of our district made that out; the tally paper shows for Car¬ penter 107 votes and for Martin 132; tbe return paper [shown,] 1 made out; this gives Carpenter 107, and Martin 137 ; there is another return, I expect, tn tbe box.
Esquire Henry B. GraybUl: Is the magistrate wbo took the West Earl boxes home after the election; they were not sealed up when he took them home; opened the box when ho got there and put tbe old tally papers of the year before in—the same evening. X. They were in the box on tbe morning of the eleotion and then taken out, dnd In the evening put in again by me. (In chief.) In the morning I bound these tally papers up, and I think there was some old tickets in them—om net oertain; put the box In a comer cupboard; It was not locked up; tbe box was not sealed. t< When I went to get it to bring it in believe it was in the same condition as wben I left it
vitality and enjoyment. A plump, firm cheek, a dark eye, & motherly fallness of form, spoke the being made to receive and enjoy the things of earth, the warm-hearted wife, the iu' dulgent mother, the hospitable mistress of the mansion. It is true that tbe smUe on tbe lip had something of earthly pride blended with womanly swewtueas—the'pride of one wbo has as yet known only pioaperity and success, to whom no mischance has yet shown the frail basis ou whioh liuman hopes are built. Her foot has as ye\ trod only the high pla¬ ces of life, but ehe walked there witb a natural grace aud nobleness that made every one feel tbat she was made for them and they for her.
...Around tbe part'iats were gathered at this moment a (planning, group of oblldren, who with much merriment were proceeding to undo a bundle tbe father had just bronght from the city.  -
"Here, Rose," said little Amy, a blue-eyed, flaxen-haired pet, 'who seemed io be a privileged character, " let mt come; don't be aU night with, your orderly ways; let me cat that string."
A sharp flash of the soissora, a quick report of bursting string, and the package lay opened to tbe little marauder.—• Rose drew back, smiled, and gave an indulgent look at her eager younger sister and two little ones, who Immediately gathered around. She wa.s one of those calm, tboughtfal, womanly young girls, thatseemborn for pattern eldersisters, &nd for tbe stay and support of mothers' hearts. She watched with a gentle, quiet curiosity the quick and eager fingers that soon were busy in e:£posing tbe mysteries ofthe parcel,
"There's a dress for Rose," said. Amy, triumphantly draw¬ ing outa delicate mualis; "I can always tell what's for ber." "How?" put in the father, wbo stood regarding the procetd- : ing witb that  air of amused  superiority  with which  tbe wearers of broadcloth look down on the mysteries of musliu and barege.
"How!" said Amy,; "why, because tbey look just like her. If I were to see that Ulao musHu iu China, I should say it waa meant for Rose. Now, this is mine, I know—tbia bright pink; isn't it mamma?   No   half shades  about me'."
"No, indeed," said her mother; "that is your greateat fault, Amy."
"Ohl well, nyunma, Rose has enough for botb; you must rub us together, as they do light red aud Prussian blue, to make S- neutral tint. But, ob! what a ribboni Obi mother, what a love of a ribbon! And ob, tboae buttons! Fred, Z do believe they are for your now coat! Oh, and those atuda— father, where did you get them? "Wbat's in tbat box? a brace¬ let for Rose, I know! Ob, bow beautifull perfectly exquisite! And here—ob!"
£XAU1NATI0N OF  FOTBnS  HESDirED.
Geo. Schaum, [not on " paid tax" list,] does not know who he voted for or who he got his ticketfrom; has voted other than the democratio ticket
Lewis Friok; Fred. Dorwart got a democratic ticketfrom me; examined it; had some American tickets ; had them seperate; had no Union tickets ; opened Dorwart's ticket and read part; cannot say that! read the Pro thonotary's and do not know poci- tively if Carpenter's name was on or not; the tickets were headed Packer; opened both tickets ; State and Coanty; tbey were both democratic.
George Bonce; does not rsoollect giving Samuel Overly a ticket; If he gave him one Intended to given him a democratic one ; distrlbnted no other. X Read some tiokets I gave out, some I did not.
Mr. Locher brought in George Adams, [not on as¬ sessment list] voted' the whole democratio tioket X Read my ticket but do not mind any more who was on for Prothonotary; recoUect seeing Carpenter's name on and read it; oan read a little; am married 25 y^ara; paid tax about two years ago, but don't know wbo to or how mnch; paid tbe tax at Trout's for the purpose of voting : paid tax in 1855 on blec- tion day (election in '55 on 7th, and '57 on the 13th of October.) .
Mr. Looher said that Samuel Connor was not in custody, and Finefrock had the Tnania-a.potu.
Dr. W. H. Witmer, [Zecher says he collected the tax of Evans who had purchased a property of the witness,] the property was aold with conditions that the parcbaser pay the back taxes as if paid by -wit¬ ness ; Court decide that this is a personsl tax within the meaning; witness withdrawn.       *"
Henry Reese, [not on the assessment list] does not know-who he voted for; got the ticket of Hy. Ebler, and voted il without alteration. X- -Voted oq age. (In chief.) Was born in '35 or '36 ; it is' some sinoe I looked in the book at my sisters, where my age is recorded; was 21 last August.
John Stromp, sworn: Has never paid any taxes; voted for Carpenter. X. Did not examine my ticket; don't know.^^ who X got It fiom, (In ohief.) 'Twaa given me as a^emocratio ticket; don't know what it
^ohnlSfri;.
FEIDAY.MdRNING: Mr- Reilly, counselfor con¬ testants, asked, for and obtained an habeas corpus ad testificandum, to bring from j^ Henry Finefrock, Geo. Adams wad Samuel Connor, that they might he examined- '     *      .
George Reese—gave Wm- McGalaghar a ticket; gave.it asa democratio tioket; would not give any cther^ ^ ^ not examine it * Wm.Wil»fr,jf^:^d»o*open the ticket he gave Finlgsr; ^i^ was demooratio; gave no others ont thai belmows.of,:^ notopen it; got some tickets of David Refse arid-HoElUNi; don't know who else. HTha tioltetlgiTe Mo(}a]Iaghar I did not open; gotibriie tickets of BEr. J> Amwake.
HeniyHambr^htt If Wm.EeUergot frtickst&om him, it was demooratio I ooold not say positively; tbey wiire folded; got tb»m=of Mveral purina that day. M lUCnbt exu^io^VMeiCCwpuiUr's name waa on or-ridfc il chief:. Do noV.r<«oneot jpTlng George -Sp^A'i>^t;':.^'*I?'¥^^^S^ve.bnt tiiatd4T wei«7^fjbMteato>^^>Bocnti4^tiok«t>. ; ¦^SvmS^iiMaiw^it^ tey brother a ticket,-^ gitve:it'lM^ii^m<«#^,l^ do»)*i?Teottt»ny o«h»^l' Mtf^'iird^ Jonai^aolnuui iud lomefMm'
V^M^&^^^lS'^'^ *" *t*'*^**' *" the best of 'ti^-l^^^^^fSSStultB I gftT' bitt were d^ooratie.
Enciui£^.6h<^r:,Cannbt say.'whit tiokstI j^^: l^Mmj^gjgT '^;^^*?''j'"*''".'^'yir ^J
" George, you \*e looking very emiling.— What has happeneos^',' "The most delightful thing. I caught my Jenny by snrprlae thia morning, in her wrapper, and without hoops; and I got the firat kiss I've had ainoe whale¬ bone skirts came into fashion."
An old lady walked into the o£5ce of a Judge of Probata and asked: " Are you the Judge of Probate ?" " I am Judge of the Probate."— " Well, that's it," said the old lady. " Yon aee, my father died detested and he left several little infidels, and I want to betheir executioner."
A pedagogue relates a laughable story of one of hia Boholara, a son of the Emerald Isle. He told him to apell hostility. "H-o r-s-e horse," ooirimeueed Pat. "not Aorsetillty," said the teacher, "bat Aoifility." "Sure, "replied Pat, "an' didn't ye tell me the other day not to say hos? Be jahera, It's wan thing with ye one day, and another the next."
Snook's mother and old Mrs. Snubs wera talking about Uttle babies. "Why." said Mrs. Snooks, "when I waa ft baby, they put me into & qu&rt pot and pnt the lid over me.'* "And did yoa live?" waa thtt aatbniahi'ng Inquiry. 'Thay tell m* I did," waa the aatonlshing reply — "Well, didyott ever," and Mrs. .Stabba fell to knittinglikA one bewitched.
A few aTenlnga i^ois, e widow, who waa known by'tha'aritineongregation to be g^Mtly in want bf a iinibaiid;'waa'pTaying with ferven¬ cy: "Oh t thou kn'oiriit what ia the desire of my heart I" aiiBeioTaimed.- " A-manI" respon¬ ded a brother, In a fardad aooent. It was wiokad; bat'wa ar*. qaite anrs thmt several grave mem¬ bers imited on the ocoaafon.        \
If ft pair of ateokiihBB ftn 4ioB9,iB one a hoe!— If ft.pjur of slaaaea are q^taolas, la one a apeo ta- I cl«T ftud if BO, U it uot ft bftd shoir for ft flight?
Hera aometbing happeud to check tba volubility of the little speaker, for, as ahe hastily, and witb the license of a petted child, palled the articles from the parcel, she waa startled to find lying among tbe numerous colored things a black crape veil Sombre, dark, and ill-omened enough ft looked there, with pink and lilac, and blue, and gUttering bijouterie, around it.
Amy dropped it with instinctive repugnance, and there was a. general exclamation—•
"Mamma, what's this! How oame it here? What did you get this for?"
"Strang*!" said Olivia; "It ia a mourning veil.—Of course I did not order it. How it cama in here nobody knows; it must have been a mistake of the clerk."
"Certainly, it is a mistake," said Amy; " we bave nothing to do with mourning, have weT"
"No, to be sure; what should wo mourn for?" chimed in little Fred and Mary. "^
"What a dark, ugly thing it is!" said Amy unfolding and throwing it over bar head; '-how dismal it must be to see tbe world through such a veil as this!"
"And yet,  till one  haa  seen  the world through a veil like that, one haa never truly lived," aaid another voice, joining in the oonversation. ¦ "A"ft, Father Payaon, are you there?" said two or three voicea at one.
Father Payson waa a minister of the village, and not only their nearest neighbor, but their nearest friend. In the afternoon of his years, life's day with him uow stood at that hour wben, though tbe shadows fall eastward, yet the oolors are wormer, and the songs of tbe birds sweeter, than even in his jubilant morning.
God sometimes givea to good men a guileless and holy second childhood, in which tbe soul becomes childlike, not cbildiab, and tbe facnltiea, in fall frait and ripeness, are mellow without the signs of decay. Tbis ia that songful land of Deulah, where they^wbo have traveled manfully the Christian's way abide awhile, to ahow tbo world a perfect manhood. Life, with its battles and its sorrow. Ilea far be¬ hind them; the soul haa thrown ofl" ita armor, and sits in an evening undress of calm and holy leisure. Thrice blessed the family or neighborhood that numbera among it one of these not yet ascended saints! Gentle are they, aud tole¬ rant, apt to play with little children, easy to be pleaaed witb simple] pleasures, and with a pitying wisdom guiding those who err. New England has beeu blessed in numbering many such among her country pastors ; and a spontaneous; instinctive deference, honors tbem with the title of Father. Father Payaon was the welcome inmate of every family in the village, the chosen friend even of tbe young and thougbt- leES. He bad stories for tbe children, jokes for the young, and wisdom for all. - He " talked good," as the phrase goes —not biuause he was minister, bnt because, being good, be could not help it—yet his wrfrds, unconacioualy to himself, were parables, because life to him had become all spiritu¬ alized, and be saw sacred meanings under worldly things.
The ohildren seized him. lovingly by either band, and seat¬ ed bim in the arbor.
"Isn't it strange," ssid Amy, "to see this ugly black thing among all these bright colors? Such a strange mistake in the clerk!".
" If one were inclined to be superstitious," said Albert, "he might call an omen."
" What do you mean, sir," asked Rose, quietly seating herself at hia feet, "by seeing life through this vail?"
" It 'Was a parable, my daughter," he said, laying bis hand on ber head.
" I never bave had any deep sorrow," said Olivia, musing¬ ly ; "we have been favored ones hitherto. But why did yoa say one mast see the world through snch a medium aa this?" " Sorrow ia God's achool," said the old man. "Even (Jod'g own Son waa not mada perfect without it; though a son, yet learned he obedience by the things tbat he sufTered. Many of the brightest virtues are like stars ; there mast be night, or they cannot shine. Withont suffering there could be no fortitude, no patience, no compassion, no sympathy. Take all sorrow out of Ufe, and you take away all richnesa, and depth and tenderness. Sorrow ia the furnace that melts sel¬ fish hearts together in love. Many are hard aud inconsider¬ ate, not because tUey lack capability of feeling, but because the vase that holds the aweet waters has never been broken." "Is it, then, au imperfection and misfortune never to have sulTered?" aaid Olivia.
Father Payson looked down- Rose was looking into his face. There waa a bright, eager, subdued exprepslon in her eyes, that atruok bim; it had often strack him before in tbe village church. It waa as if bis words had awakened an in- temsl angel, that looked fluttering oat behind them. Rose had been from childhood one of those tboughtfal, listenin children, with whom one seems to commence without words. Wa spend hours t«lking with tbem, and fancy they have said many things to us, which, on reflection, we find have been aaid only with their silent answering eyes. Those who talk mnch often reply to yoa leas tban those wbo silently and thoughtfully listen. And so it came to pasa, that on account of thia quietly absorbent, Rose bad grown to her piarent's heart with a peculiar nearness. Eighteen sammera had perfected her beauty. "The miracle of the growth and perfection of a human body and soul never waxes old ; pa¬ rents marvel at it in every household, as if a child had never grown before ; and ao Olivia and Albert looked on their fair Rose daily with a reatful and traating pride.
At tbia moment she laid her hand on Father Payson's knee, and said eameslly. "Ought we to pray for soroow, then?"
"Oh, no, no, no!" interrupted Olivia, wbicb an instinctive shudder—auob. * shudder as a warm, earnest, prosperous heart always gives, aa the shadow of a grave fails across it-— "don't say yes I"
"I do not aay we should pray for It," said Father Payson; "yet the Master saya, 'Biassed are they that mourn,' not 'Blessed are they that prosper.' So heaven and earth differ in their judgment."
"Ah, me!" said Olivia, "I am afraid I have not courage to irlnh to bs among the blessed."
" Well," aaid Albert, whom tha gravity of the diaoassion somewhat disturbed, "let ua not borrow trouble; time enough to think of it when it happens. Come,' the dew is falling, let us go in. I want to ahow Father Payson some paaohea tbat will tempt bla Christian graces to envy.— Come, Rose, gather up here." Rose in a few momenta gath¬ ered tbe parcel together, and quietly flitted before them into tha bouse.   .
" Now," said Albert, "you'll aee that girl will have every¬ thing quietly taoked away iu jaat the right place; it's in her, just as muoh aa it is in a pointer to show game."
" Rose is my right hand," aaid Olivia; " I ahould be lost wlthoat her."
Whence oomea it, that juat on the verge of tbe great ortsU and afflictions of life, words are often spoken, that to ftfter view seems to have a prophetic meaning ? So often do wa hear people saying, "Ah, the rery day before I heard of this or that, we were saying ao and sol" Itwould seem BOmatimes as if the aoul felt itaelf being drawn withip the dark sphere of a coming veil, of wbich as yet nothing oat- wards tells. Than ihe thoughts and oonversation flow in an almost prophetio ohann^l, which a coming futare to well intarpreta.
The evening passed cheerfallj with^oor friends, notwith¬ standing the grftTe ooaversation in tfae'^ftrbor. The.moam- ingveil waa Iftid aside in ft drawer, along with xoknj of its htiiliant companions, and with it the thoughts Ithad sog- gastad; and the merry laagh, rlnghig from the hftlf-open
§ arlor door, showed thsit Father Payaon wis no despiaer of it eonunand to rojolo* with them that do rejoico.
Rose played and sang, the ehildraiiudaneed, and tho mirth waa prolonged till a Iftta hoar in tha orening.
Olivia and Albert were lingering in tho parlor, after the Jepartare of the family, busy in shatting window*, setting baok ohaira, and attending to all the last duties of orderly bouaa-holders.
A sudden shriek startled them; ssoh a shriek as onoa heard, is never forgotten. With an answering ory of horror, they rushed ap the ataiis. The hall lamp had been extin- gaishad, but the passage and stairoaae were red vriib. a Uroad glare from the open door of the naraery.
A moment more showed them the drapery of the bed in whioh their yoangast child was sleeping all in flames; then they saw a light form, tearing down the blazing oartains.
" Oh, Rose! take care, for God's sake! your dreas 1 you*ll kill yourself I oh, God help as I"
There were a few moments—awful moments of straggle— whan none knew or ramemfaered what they did ;•» moment more, and Rose lay panting in her father's arms, enveloped in a thiok blanket which he had thrown aronnd her borziing night-dressr The fire was extinguished, the babe lay uu- awakenad, and only tbe dark flecks pf tinder soatterad over the bed, and the trampled mass on the floor, told what had been. But Rose had breathed the hot breath of the flame, deadly to haman life, and no water conld-qoanoh that in¬ ward fire.
A word serves to explain all. The child's sarsa had care¬ lessly set a lamp too naar the curtains, and the night breeze had waftod them into the flame. The apartment of Rose opened into the nursery, and aa ehe stood in her night-dress before her mirror, arranging her hair, she saw the flashing flame, and iu the one idea of saving her little sister, forgot every other. The act of self-forgetfulneaa was her last earthly aot; a few short hoars of patient saflacing were all that remained to her. Peacefully aa ahe had lived,she died, looking tenderly on her parents out of her large blue eyes, and only intent to soothe their pain.
" Yes, I suffer," she aaid, " but only a short pain.-. We must all Bufler Bomatbiug. Hj Father thinks a very little enough for me. I have had suoh a happy life, I might he&r just a little pain at the last.
A little later, her mind seemed to wander. " Mamma, mamn^a," she said hurriedly, "I put the things all away; the lilao muslin and the barege. Mamma that veil, tha mourning vail Is iu the drawer. Oh, mmama, that veil was for you; don't refuse it; our Father sends it, and he knows bast.— Perhaps you will see heaven through that veiL"
It ia appalling to think how near to the happiest and mo^t prosperous scene of life stands the saddest dispair. AU homes are haunted 'with awfal possibilities, for whose reali¬ zation no array of threatening agents ia required, no light¬ ning or tempest, or battle; a peaceful household lamp, aguat of perfumed evening air, a false step in a moment of gayety a draught taken by mistake, amatoh overlooked or mislaid, a moment's oversight in handling a deadly weapon—and the whole scene of life ia irretrievably changed^
It waa but a day after tbe scene in the arbor, and all waa mourning in the lately happy, hospitable house ; everybody looked through tears. There were subdued braathings, a low murmer as of many listeners, a voioe of prayer, and the wail of a funeral hymn—and then the heavy tread of bearers, as, beneath the blaok pall, she was oarried over thu threshold of her home, never to return.
And Olivia and Albert came forth behind the dead. The folds of the dark veil seemed a refuge for the mother's sorrow. But how did the flowers of home, the familiar elms, tbu distant smiling prospect, look through its gloomy folds— emblem of tbe shadow which had fallen between her heart aud life ? When she looked at the dark moving hearse, she wondered that tbe sun stiU shone, that birds could sing, and tbat even her own flowers could be so bright.
Ah, mother! the world had been juat aa full of sorrow the day before; tbe air aa full of "farewells to the dying, and mournings for the dead;" but thou knewesl it not. Now, the outward world comas to thee through the mourning vetll But after tbe funeral comed lifo again—hard, cold, inexor¬ able life, knocking with business-like sound at the mourner's door, obtruding ita commonplaoe pertinacity ou the dull ear of sorrow. The world cauupt wait for us; the world knows no leisjure for tears; it moves onward, and drags along witb its motion tbe weary and heavy'ladan wbo would fain rest. Olivia would have baried herself in her sorrows. There are those who refuse to be comforted. The condolence of friends seems only a mockery ; and, truly, nothing ao showa tbe emptiuesaand poverty of human nature, as its efforts at condolenco.
Father Payson, however, was a visitor who would not be denied ; there was somathingofgentleauthority inhia white haira, that might not be resisted. Old, and long schooled In aorrow, hia heart many times broken in past yeara, be knew all the ways of mourning. His was no official com- monplaceabout " afllictive djapenaations. He oame first with that tender and reverent silence with wbich the man acquainted with grief approaches the divine mysteries of aorrow; and trom time to time he cast on tbe troubled' wa¬ ters words, dropped like seeds, not for present fruitfulness, but to germinate after the floods bad subsided.
He watched beside a aoal in aflliotion as a mother waits on the crisis of a fever whose turning is to be for life or for death ; for he well knew that great sorrows never leave us as tbey find ns ; tbat the broken spirit, ill set, growa callous and distorted ever after.
fie had wise patience with every stage of sorrow; he knew that at firat the aoul is blind, and deaf, and dumb.— He was not alarmed wben returning vitality showed itself only in moral spasms and convulsloni, for iu all great g riefa come hours of conflict, when the soul is tempted, and com¬ plaining, murmering, dark, skeptical thoughts are whirled like withered leaves through all its desolate chambers.
" What have I learned by looking through this veil ?" aaid Olivia to him, bitterly, one day, when they was^ oomiug out ofa house where they had been visiting a mourning family. " I was trusting in God aa an indulgent Father; life seemed beautifal to me in the light of His goodness ; now I see only His inflexible severity. I never knew before how muoh mourning and sorrow there had been, even iu thia little village. There is soarcely a house where some¬ thing dreadful has not at sometime happened. How' many families have beeu called to mourning since we have 1
" I have not taken up a paper in which I have not seen a record of two or three accidental deaths, some of tbem eveu more bitter and crael tban what has befallen ua. I read this morning of a poor washerwoman, whose house waa burned, and all her children consumed, while she was away working for ber bread. I read the other day ofa blind man whose only sou waa drowned inhia very presence, while he oould do nothing to help him. I was visiting yesterday that poor dreas-maker whom you know. She haa by toil and pains been edacating a fine and dutiful son. Htj ia smitten down with hopeless disease, while her idiot child, who oan do nobody any good, is spared. Ah I tbis moum- ing veil has indeed opened my eyes: but it has taught me to add all the sorrows of the world to my own: and cau i believe in God's love ?"
" Daughter," said tbe old man, " I am not ignorant of these'things. I have buried seven children; I have baried my wife; and Godhas laid on me in my time reproach, and controversy, and contempt. Bach seemed, at tbetime heavit^r than the others. Each In ita day seemed to be what X least oonld bear, audi would have cried, ^Anything but this!" And yet, now, when I look back, I cannot'see one of these sorrows tbat has not been made a joy to me. With every one, some perversity or sin has been subdued, some chain unbound, aome good parpoae perfected. God has taken my loved ones, bat he has given me the power of submission and of consolation ; and I have blessed him many times iu my ministry for all I have suffered, for by it i have stayed up many that were ready to perish."
" Ah," said Olivia " you indeed have reason to be com¬ forted, because you can aee in yourself the. fruit of your sorrow; but I am uot improving; I am only crushed aud darkened—^not amended."
" Have patienee with thyself, child ; weeping must endure for a night; all oomes not at once. 'No trial for the pres¬ ent seemath joyous;' but ' afterwards it yieldeth tbe ' peaceable fruit;' have faith in this afterwards. Some one saya that it is not in the tempest one walks tbe beach to look^ for tbe treasures of wrecked ships ; but when tbe storm is past, we find pearls and precloas stones washed aahore. Are there not, even now, some of these in your path 1 Is not tbe love between you and your husband deeper and more intimate since this aflliotion ? Do yoa uot love your other cblldreu more tenderly ? Did you not tell me that you had thought on the sorrows of every house iu tbis village ? Courage, my child! tbat ia a good sign.— Once, as you read tbe papers, you thought nothing of those wbo loat friends; now you notice and feel. Take the sor¬ rows of others to your heart; tbey shall widen and deepen it. Ours is a religion of sorrow. The Captain of oar Sal¬ vation waa made perfect through suffering: our Father ia the God of all consolation; our Teacher is named the Com¬ forter ; and all otber mysteries are swallowed np in the mystery of tbe Divine sorrow. ' In all our afiliotiona, Ho is aifiicted.'    God refuseth not to suffer: shall we?"
There is no grave ao desolate that flowers will not at last spring on it. Tims passed with Albert and Olivia with healing in its wings. The secret place of tears became first a temple of prayer, and afterwards of praiae ; and the heavy cloud was remembered by tbe flowers tbat sprung up after tbe rain. The vacant chair iu the household circle bad grown to be a tender inflaence, not a harrowing one ; and the virtues of the loat one seemed to sow themselves lika the scattered seeds of a fallen flower, aud to spring up in tbe hearts of the surviving ones. More tender aud mora blessed ia often tbe brooding iaflueuce of the sacred dead, tban tbe words of the living.
Olivia became known in the abodes of aorrow, and a deep power seemed given her to console the suffering and dis¬ tressed. A deeper power of love sprang up within her; and love, though born of sorrow, ever brings peace with it. Many were the hearts tbat reposed on her ; many'the wan¬ dering that she reclaimed, the wavering that she upheld, tbe desolate that she comforted. As a soul in heaven may look back en earth, and smile at its post sorrows, so, even here, it may rise to a sphere where it may look down on the storm that ouce threatened to overwhelm it.
It was on the afternoon of just sucb auother summer day as we bave described at tbe opening of our story, that Olivia was in her apartment, directing the folding and lay¬ ing away of mourning garments. She took up the dark veil, aud looked on it kindly, afl on a faithful friend. How much had ahe seen and learned behind tbe refuge of its sheltering folds I She turned her thoughts within herself. She was calm once more, and happy—happy with a wider and steadier basis than ever before. A new world seemed opened before her; and with a heart raised in thankful¬ ness she placed the veil among her most sacred treasures. Yes, there by the smiling image of the loat one—by tbe curls of her glossy hair—by the faded flowers taken from her bier, waa laid in solemn thankfulneaa the Mourning Veil.
A good story ia told of a Michigan farmer who recently went down into Indian* to buy a drove of hOraes. He was longer absent than he intended to be, and he failed to meet a business engagement.. On being rather reproached for not- being home, he made due apology. " I tell you how it ia, Squire; at every Utile darned town they wanted me to stop and \)e President of a Bank."
" How did you like that olam aong 1" asked an old lady of her daughter, as they stepped with the orowd out into the open air, after a popular concert "Clam song!" exclaimed the young lady in astonishment. "Why, what do yourefer to, mother?" "Why, tho flrst one he sungl" "Ohl you mean'BheUs of the Ocean,' don't you mother?" "Well, yes," said the old lady, «I do think that was it; It wan something about olanu any way, and you know I lilce clams soweUl   Didn't you like it f»
"Youarefromtheoountry,are you not, air?" asked a oity clerk of a Quaker who had just arrived. " Yes." "Well, hero is an essay on tho rearing of calveg." "That," said Amicadab, aa he turned to go, " theo had better (preseut to thyiaother."