82

I qualified and acted as such. We did, after closing the
polls, carefully and correctly read, tally and count the bal-
lots. Well, we did try to.

Interrog. 5. As No. 4 of schedule B. (Question objected
to by A. Spates.)

Now, in the first place, it was a great trouble to get the
Judges to organize at the election. Lloyd Stallings was Re-
turn Judge. He had the oath, all the papers and books,
and it was getting late, and we organized; he being Return
Judge, I expected him to do the business; he did not take any
active part in the election at all. I was entirely on the in-
side of the house; I did not see or hear any violence, intimi-
dation or threats used; the election on the 6th day of No-
vember, 1866, was as quiet as usual at our polls.

To the first cross interrogatory on the part of A. Spates to
James M. Matthews, he answers and says : We took testi-
mony, and took it in writing, in regard to his disloyalty; he
did not apply for registration; he could not refuse to take the
oath, because he was not there; Michael Twigg and Thomas
Athey were the witnesses against him., but he was not pres-
ent; I cannot produce the testimony as taken down, John H.
Stallings took it down in pencil; I did not preserve it as
taken down; I can't recollect what they testified against him;
we sent no special notice to Diffinbaugh that his case was to
come up on charges against him; we gave notice generally
for the correction of errors and omissions.

JAMES M. MATHEWS.

LEVI W. BRANT, sworn.

Interrog. 1st. Schedule D.

Answer. Levi W. Brant; my age 45; occupation coal
dealer; residence, Election District No. 13; have resided
there ten or twelve years.

Interrog. 2d. Schedule D.

Answer. I was appointed Judge of Election for District'
No. 13, for 1866. I did qualify and act as such; to the best
of my knowledge the ballots were carefully and correctly
read, tallied and counted; I did not write them down, but I
had an eye to the Clerks, and I think it was so done; but
there is not a proper rotation of names on the poll books; I
selected the full tickets from the box, passed them, after a
careful examination, to Mr. Koerner, who read them aloud,
giving the leading name on the ticket as being full; the split
tickets, as I came to them, were deposited in a separate box
until after the full tickets were counted out; the split tick-
ets were then carefully examined by me and read by Mr.
Koerner, in the presence of Mr. A, J. Clark, during the
whole time, and Mr. Spates during a portion of the time.

Interrog, 3d. Schedule D.

The number of ballots in the box did not agree with the