60

The testimony for the respondents was announced as closed.
The following testimony was elicited on behalf of the peti-
tioners:

TESTIMONY FOR PETITIONERS.

John M. Carter sworn.—Is Secretary of State of the Com-
monwealth of Maryland; has a copy of the order dismissing
the old board of police. [The order was then read by Mr.
Carter, being listened to by the large crowd with the closest
attention.] Excepted to by respondents. After the passing
of the order, witness notified the commissioners, serving each
with a copy, together with a letter to them. [Which was
read.]

On the evening of November 1, about 6| o'clock, witness
went to the office of Messrs. Hindes and Wood, on Holliday
street, and in the presence of Thomas S. Alexander, J. J.
Alexander, Archibald Stirling, W. H. Taylor and Mayor
Chapman, served the original on the board.

[The commissions of Messrs. Valiant and Young were pro-
duced and read.] These commissions were brought to Balti-
more by witness about noon on Friday, 2d inst. Mr. Leary,
private Secretary to the Governor, notified these gentlemen,
and they went to the Governor's residence, where they re-
ceived their commissions.

The qualifications of the commissioners in the test book of
the Superior Court were offered in evidence.

Cross-examined.—The words "decision of character" were
inserted in the commissions by witness without consultation
with any one; it is not the usual formulary; has never used
them before; witness left Baltimore on the 7 A. M. train on
Friday, 2d inst., and returned by special train to Annapolis
Junction, and thence by regular train, reaching Baltimore
about 12.45 P. M.; Messrs. Young and Valiant had received
no intimation of their appointments until they were informed
on Friday; the commissions were signed and sealed at An-
napolis on Friday morning, the 2d inst.; these are the only
commissions filled up; others in blank, signed and sealed pre-
viously, were brought to the city for emergencies, they are
now at the Governor's house, in this city; Governor Swann
came to the city on the same train with witness; there may
have been names in the heading of these commissions in
blank, but the bodies were not filled up; the reason of this
was, that everything might be ready in the event of any
emergency arising from declination of the appointees.

The witness explained at some length the ordinary manner
in which commissions usually reach the appointees, &c.

Re-examined.—After the commissions were delivered to
Messrs. Young and Valiant they started to qualify; witness
accompanied them; we went to Mr. Latrobe's office, where a
form of oath was made out; thence to the Superior Court