44

Cross-examined by Dr. Ohr.

By Dr. Ohr:

Question. Did or did not the Judges of Election in No-
vember, 1866, demand of you to take the oath prescribed in
the Constitution, Art. 1, sec. 4, before deciding upon your
right to vote ?

Answer. They did not.

By Dr. Ohr:

Question. Did the Judges tell you why you could not vote ?

Answer. They did not—they assigned no reason.

By Dr. Ohr:

Question. Do you or do you not know that you had been
registered for disloyalty in 1865 ?

Answer. I do not, sir.

DAVIDS. ARNOLD.

Deposition No. 18.

WILLIAM H. KITZMILLER, having been by me duly sworn,
deposed and said as follows, to wit:

By Mr. Spates :

Question. What is your name, age, occupation and resi-
dence, and how long have you lived there ?

Answer. My name is William H. Kitzmiller; age 34 years;
occupation shoemaker, and reside in Election District No. 10,
in Allegany county, Maryland, and have lived there twelve
years.

By Mr. Spates :

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

Answer. I was registered on the 11th of September, 1866.

By Mr. Spates :

Question. Did you or not attend at the polls in said Elec-
tion District, in Allegany county, on the 6th day of Novem-
ber, 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 reason did the said Judges assign for rejecting your
vote, if they did so reject it ?

Answer. I did so attend on the day and at the place
named, and offered my ballot to the Judges of Election, and
they refused to receive it. The name of Col. Alfred Spates
was printed on the ticket I so offered and desired to vote, for
State Senator. The Judges did not assign any particular
reason; but said I could not vote there. This was my place
to vote, and I had voted there before, in 1864, in the Spring,
in April,