74

TESTIMONY.

Depositions taken on behalf of C. H. Ohr in contested elec-
tion of Alfred Spates vs. said Ohr, for State Senator for Alle-
gany county,at Cumberland, on the 26th, 27th, 28th and 29th
of December 1866.

R. W. MASON,

1st Interrog. What is your name, age, occupation, resi-
dence and time of such residence?

Answer. Robt. Wharton Mason, age 43 years, clerk, Frost-
burg Election District No. 5, resided therein fifteen years.

2nd Interrog. Was you appointed an officer of said Dis-
trict.

Interrogatory 2nd, as in schedule A, excepted by Alfred
Spates ?

Answer, I was so appointed, I did act as register in 1865;
I had read the Constitution and Law; relating to registra-
tion; it was administered by me or one of the other officers of
registration to each person. But was absent on the 1st day
of registration, being sick; I did give notice as required by
law.

3rd Interrog. Was you appointed clerk at the election, held
in said District the 6th day of November 1866; did you qualify
and act as such ?

Answer. Interrogatory 3rd excepted to by A. Spates.

Answer. I was, and did.

4th Interrog. As No. 5, in Schedule D.

Answer. I did attend the polls, I heard them read, I saw
them tallied and counted, but of course could not see what was
on the tickets; I heard every ticket read, and they were care-
fully tallied and counted by the clerks, one of the Judges,
stood by the box and took out the tickets and opened them,
and handed them to the 2nd, who read them, read each name
and ticket seperately, but whether they read them correctly or
not I cannot say, and the 3rd one strung them; I belong to the
Union or Republican party, and voted for C. H. Ohr, for
State Senator.

Cross-examined by Col. A Spates.
1st Interrog. Did you receive a commission from the Gov-