83

number of persons who voted. The number of tickets de-
posited in the box was 853, and the voters on the list was
843; there were three tickets folded double that were not
counted; then I noticed in counting the tickets from the box
one smaller folded inside of the other; when I unfolded this
ticket I remarked to Mr. Clark that I thought it deceit-
fully folded together; but Mr. Clark thought not, so I passed
them both to Mr. Koerner, who read them, and they were
counted on the poll book. There were two other tickets of
the same character that I noticed during the count, on which
I made no remark; they were together in the same manner
as the first; they were read and counted. Mr. Spates' name
for Senator was on the first three which were thrown out and
on the second three which were counted.

To the first cross interrogatory on the part of A. Spates,
he answers and says : We did not read every name on every
ticket-singly; we separated them into whole and split ticket;
putting the split tickets into a box used for the purpose; if it
was a whole ticket we announced it whole Union or whole
Democrat!^ and the Clerks registered accordingly.

Interrog. 2d. He answers and says : I do not think the
Clerks omitted the names of any of the voters; it must have
been done through the tickets. *

L. W. BRANT.

JOHN H. STALLINGS, (Sworn) :

Interrogatory 1st. As in Schedule A.

Answer. John H. Stallings, age 44 years, occupation far-
mer, place of residence in Election District No. 7 in Allegany
county, Maryland, have resided there fifteen years.

Interrogatory 2nd. As No. 2 in Schedule A.

(Interrogatory and answer objected to because the facts
proposed to be elicited do not come within the notice given by
Charles H. Ohr to A. Spates of the facts proposed to be
proved by this witness.)

I was appointed an officer of Registration for said district;
I did qualify as such before a Justice of the Peace, but did
not qualify before the Clerk of the Circuit Court for Allegany
county; I received a commission from the Governor to act as
sm-h; I acted for the year 1865; I had read the Constitution
and Law regulating registration,"repeatedly; we did so ad-
minister the oath; we gave notice as required by law as to
the time and place of registration.

Interrogatory 3d (Special.) Who acted as officer of regis-
tration for said district in 1866; was he registered in 1865,
and how ?

(Excepted to by A. Spates. )

Answer. I understood that John Diffenbaugh did act, "but
I know nothing about it, save from hearsay—book produced