H. Young, just examined, and concur in his statement given
here.

Cross-examination waived by Dr. Okr.

A. M. ADAMS.

Deposition No. 4.

THOMAS E. GONDER, having been by me duly sworn, deposed
and said as follows, to wit :

1st Question by Mr. Spates :

What is your name, age, occupation and residence ?

Answer. My name is Thomas E. Gonder, age 23 years,
occupation, clerk of the Corporation of Cumberland, and law
student, residence Cumberland, Md.

2d Question by Mr. Spates :

(Same as to other witnesses.)

Answer. On the 17th of November, 1866, at the request
of Col. Spates, I came to the Clerk's office of Allegany coun-
ty for the purpose of recounting the votes cast in the Election
Districts of Allegany county, in the late election; and count-
ed the votes as cast by districts, being assisted by Mr. A. M.
Adams. We began with District No. 1, counting all the
districts, ending with the 16th; Mr. Adams counted the ma-
jority of the districts; Mr. Hoover and Mr. Ogle acted as
tellers; Mr. Carleton and Mr. Young looking on as inspec-
tors. In four districts, the first four, our count corresponded
exactly with the count returned by the Judges of Election for
those four districts; in district No. 5 there was a difference
in the count made by us and by the Judges of Election; in
order to satisfy ourselves, we counted the district over twice,
and the result was as follows : The count on the tally book
of the Judges of Election was 399 for Dr. Ohr, and the count
made by us showed a, return of only 390 for Dr. Ohr : the
count on the tally book for Col. Spates was 296—the count
made by us was 307 : the certificate returned by the Judges
of Election in this district made no mention of the vote for
State Senate, at all; all the other districts, except No. 13,
I swear to the result of or confirm the statement with regard
to them made by the other witnesses, Carleton, Young and
Adams; I have some doubt about No. 13—there may be a
vote more or less—either for Dr. Ohr or for Col. Spates; I
think there was a mistake in our count, of one or perhaps
two votes in this district.

THOS. E. GONDER.
Deposition -No. 5.

THEODORE A. OGLE, a witness of lawful age, having been
by me duly sworn, deposed and said as follows, to wit;