87

Interrogatory 2d. As No. 2, in schedule E.

I am, and was acting as Deputy Clerk on the 15th of May,
1865, was sworn on the 10th day of December, 1866.

Interrogatory 3d. As No. 3, in schedule E.

I received a part of them; I received them on Saturday the
10th of November, 1866; I left them on the desk in the office
and went to dinner, and Charley Bean said he would put
them away; I don't know that any one examined them; but
saw Mr. Spates and one of the Clerks with the poll books
several times; the poll books and tickets were tied together,
but I never saw him with the tickets, except the day they
were counted, when I saw him in the vault; I do not remem-
ber whether he had the poll books; I saw Mr. Spates in the
vault several times; and once in company with J. P. Rowan;
there is a Clerk always in the vault and when not there, it is
locked up; the key of the vault is usually hung by the door
in the office; any one acquainted about the office can get the
key, and some times they go and take it, lawyers for instance:
I never saw Mr. Spates take it.

Interrog. 4. As in Schedule E I did; when they were first
delivered there, and the day they counted the ballots of the
whole county, they were counted by Mr. Young, G. Hoover.
H. D. Carleton, A. M. Adams, T. A Ogle & Thos. E. Gindor.

Interrog. 5th. Was the Clerk of the Circuit Court; Mr.
H. Resley; absent from the office, or from Cumberland, between
the 10th and 17th days of November, 1866; if so, for how long

Answer. He was absent from the office, but do not remem-
ber whether from Cumberland or not; he was absent when
they were counted; he was absent some parts of the days
from the office; he generally came to the office in the morn-
ing, and then went over to the.house he is building, some-
times he would stay at the office one hour, and sometimes
nearly all day.

H. L. BE VANS.

JOHN B FAY, (Sworn.)

Interrog. 1st. In Schedule E. J. B. Fay; my age 23
years; my occupation, Deputy Clerk; residence in Election
District No. 6, in Allegany county, Maryland, have resided
here since August, 1866.

Interrog. 2. As in Schedule E. I am acting as such; en-
tered the office on the 1st of October, 1866, I don't remember,
but was sworn as such on the same day as Mr. Bevans was.

Interrog. 3. As in Schedule E. I received the poll books
of District 1, and helped to file one or two others; I received
them I think on Saturday the 10th, they were examined by a
party in the vault on the 17th of November, I did not re-
main there, I simply went there on business; I cannot posi-
tively; I do not remember of any one handling them before
that time, November 17.