36

Deposition No. 10.

JACOB P. GAUER, having been by me duly sworn, deposed
and said as follows, to wit:

By Mr. Spates:

Question. What is your name, age, occupation and resid-
ence, and how long have you resided there?

Answer. My name is Jocob P. Gauer, age 27 years, occu-
pation, farming; and reside in Election District No. 10, in
Allegany county, Maryland, and have lived there all my life.

By Mr. Spates :

Question. Were you registered as a voter prior to the elec-
tion held in said Allegany county, on the 6th day of Novem-
ber, 1866?

Answer. I was.

By Mr. Spates :

Question. Did you or not attend at the polls in said Elec-
tion District on the 6th day of November, 1866; if so, did
you then and there offer a ticket to the Judges of Election at
said polls, as your ballot, and was it received or rejected ;
state also the name of the person printed on said ticket for
State Senator, for whom you desired to vote; and what rea-
son did the said judges assign for rejecting your vote, if they
did so reject it ?

(Objected to by Mr. Ohr.)

Answer. I went to the polls on that day and offered my
ballot to the Judges of Election, and they refused to receive
it; by ticket had on it the name of Alfred Spates, for State
Senator. They wanted me to take the oath over again, I
asked them to read it to me, they did so, and as I had al-
ready taked that oath, I declined to do so, and they refused
my ballot.

Cross-examined by Dr. Ohr.

By Dr. Ohr :

Question. When were you registered as a voter?
Answer. In the Fall of 1866.
By Dr. Ohr:

Question. Did you apply for registration in 1865 ?
Answer. I did not.
By Dr. Ohr:

Question Do you or not know that you had then been re-
gistered as disqualified for disloyalty ?

(Objected to by Mr. Spates.)

Answer. No sir; my name was not on the books ah all.

JACOB P. GAUER.