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drinking saloon, beinig a cave in the ground, of one Robert
Powell, and the ballot-box and poll list were, left there while
the Judges were absent as aforesaid, and the said Robert
Powell had made bets on your election and against the con-
testant's election, and these facts were known to the said
Judges of Election.

Sixth. That the Judges of Election were partial in the dis-
charge of their duty, and were, and acted as, the partisans of
you the above named persons claiming to be elected, and.
openly solicited voters to cast their ballots in favor of you,
while said election was going on and previous thereto, and
determined previous to said election to exclude certain legal
voters who would vote for the contestants and against you,
and did exclude many such voters in pursuance of such pre-
vious determination from casting their ballots for the contest-
ants, and that you or some of you advised said Judges or
some of them to exclude said persons from voting for con-
testants.

Seventh, That each and every one of the witnesses herein-
before named, are legal registered voters entitled to vote at
said election, and that each of them attended the polls in
their respective election districts on the day of election, to
wit, the 6th day of November, 1866, between 9 o'clock in the
morning and 6 in the evening, and tendered his ballot to the
Judges of Election with the names of the contestants printed
on said ballots for House of Delegates, and offered, intended
and tried to vote for contestants for said office, but said
Judges of Election refused to receive their votes and deprived
them of the right of voting for the contestants.

Eighth. That a large number of persons who were your
partisans and friends and voted for you at said election, sur-
rounded the polls with arms and weapons in Election District
No. 10 on the morning of election and held the said polls all
that day and drove off by force, violence, threats and intimi-
dation a large number of legal registered voters who were
entitled to vote at said election for members of the House of
Delegates, and who desired and intended and offered them-
selves ready at the polls with their ballots in their hands to
vote for the contestants for the House of Delegates, and that
these persons were forced off and could not put in their bal-
lots for the contestants by reason of the force, violence,
threats and intimidation aforesaid.

They further notify and require each of you to attend in
person or by attorney at the Glades Hotel in Oakland, Alle-
gany county, on Wednesday and Thursday, the 5th and 6th
days of December next, at 10 o'clock A. M., to cross examine
witnesses, and also to attend in person or by attorney, at my
office in the city of Cumberland, on Monday the 10th day of
December next, at 10 o'clock A. M., to cross examine wit-