21

Answer. Edward Hoye was register in 1866.

2nd Interrog. Did not Edward Hoye register William
Browning, Thomas Browning and Walter Wilburn, as quali-
fied voters, and were they not on the list handed you, as
Judge by the register? Did you not know that their names
being upon this list, constituted them qualified voters, and
that the registration was conclusive on their right to vote.
Did you ever see the opinion of the Court of Appeals in the
Baker case ?

Answer. Mr. Hoye told me had registered W. Browning,
Thomas Browning and Walter Wilbuin, and their names
were on the list handed me by the register. I did not know that
being registered qualified them as voters, nor that it was con-
clusive evidence; to the best of my knowledge I never saw the
opinion in the Baker case.

3rd Interrog. Did you not, previous to the election, deter-
mine not to allow William Browning, Thomas Browning and
Walter Wilburn, to vote?

Answer Mr. Wilburn, previous to the election, asked me
the question if I thought he'd get his vote if he went to the
election; I told him that I thought not, as the evidence given
in against him was sufficient to debar him from getting a
vote: W. Wilburn came to the polls on the day of election
and offered to vote, and it was rejected. I had also made up
my mind that the evidence against both the Brownings, was
sufficient to debar them from voting.

4th Interrog. What are your politics ?
Answer. I am an Unconditional Union man.
By the Respondents:

1st Interrog. What was your authority for not thinking
the appearance of the names of William Browning, Thomas
Browning and Walter Wilburn, on the registration list, con-
clusive evidence of their right to vote ?

Answer. I thought that the register in 1866, had no right
to act upon their cases, my authority, section 15th of chapter
174 of the Laws of Maryland, 1865.

By the Contestants:

1st Interrog. You say in your opinion the officer of regis-
tration for 1866, had no right to put the name of any person
on his registration book as a qualified voter, who had been
registered on the original books in 1865, as disqualified un-
der the 3d, 4th and 5th sections of Article 1st of the Consti-
tution, without full legal proof that such disqualification had
been removed in the manner prescribed in said sections in
said Article of the Constitution; do you know or not that the
disqualification entered against Win, Browning, Thomas