19

Maryland. They refused to take the oath. The Judges told
them if they could take the oath they could vote- and this
was repeated to them several times.

JOSEPH FRIEND OF JOHN.

UPTON F. BIGGS, being sworn and examined by interroga-
tories, deposes and says :

1st interrogatory. What is your age, occupation and resi-
dence ?

Answer. I am 50 years old; a farmer, and reside in Dis-
trict No. 10, Allegany county, Md.

2d Interrogatory. Were you present at the election in Dis-
trict No. 10, on the 6th of November last; if so, were there
armed men at the polls, and what did these men do with
their arms; also, why did they bring their arms to the
polls ?

Answer. I was present at said election in District No. 10,
and saw armed men in the vicinity of the polls. The arms
were not used at all, to my knowledge, at the polls. The
guns were carried to the polls because of a threat having been
made by the Conservatives and their friends from West Vir-
ginia to drive the Union men from the polls. The Union men,
on hearing this threat, which was upon the tongue of every.
man I met, held a meeting and decided to carry their guns to
the polls for the protection of themselves and the law; they
also declared nt that meeting that they were to act peaceably
and not use their guns unless they were attacked. I was
chairman of the meeting, and Mr. Daniel Chisholm was
secretary. There was, however, no disturbance at the polls,
and the election was even more peaceable than elections gen-
erally are. The men in this District generally carry their
guns to the polls and have a shooting frolic, but kept from it
on this occasion to avoid excitement.

UPTON F. BIGGS.

At Oakland, Allegany county, Md., on the 5th of Janu
uary, 1867, the following protest was entered in regard to the
foregoing testimony taken on the 4th inst:

Patrick Haromil, William Devecmon, William A. Bryden
and John McElfish protest against the taking of the above
testimony of James Chisholm, Sr., George 8. Lee, Upton F.
Biggs, Noah Harvey, William Harvey and Joseph Friend,
for the following reason, to wit:

1st. Because the said Patrick Hammil, William Devecmon,
William A. Bryden and John McElfish, or their attorney,
had not an opportunity to cross-examine said witnesses.

2d. Because said Patrick Hammil, William Devecmon,