polls from a back door and cast their votes; I think that most of them were special policemen; the votes received in that way was in the forenoon. Mr. Couzins objected to that way of voting, and it was discontinued from that time. There were about fifty rejected votes, because they could not find their names on the lists; their ballots were kept separate, and returned to the county court; out of that number there were two handed their votes in that were not registered; there were fifty of the rejected votes, twenty-four for Hogan, and sixteen for Pile. The voters that came in the back way were brought in by a radical, and at different times; when they were brought in there was a large crowd in front waiting. The votes that we could not find the parties' names we put in a separate box. If we failed to find a voter's name, his vote was not counted.

Cross-examination :

There were four or five We looked for all of the

I am one of the best conservatives you ever saw. men's names found of the rejected voters afterwards. names, irrespective of party. As far as I know the judges acted fair. I would have been able to have known of any interference on the part of the judges. The two that were not registered were included in the thirty-four rejected, because they were disloyal. The judges did not give any reason for having voters come in the back way. I have been clerk often at elections.

James Mulheren duly sworn:

CHARLES S. STELLE.

I am aged fifty-two, and reside on Collins street between Cherry and Carr streets. I was sworn by Judge Moodey. I voted on Morgan street, between Fourth and Fifth. I went to the polls and gave my name, and they took my vote, and the judges could not find my name looking over the books, and they told me that would do, and I walked away.

JAMES MULHEREN.

Subscribed in my presence this 9th February, 1867.

Partrick Hurley :

J. C. MOODEY, Judge.

I reside on Orange, near Eighteenth; I am fifty-three years old; I was sworn by Judge Moodey; I voted at Gerdeman's; I staid about an hour in the ranks. I had been registered before that, and on the day of the election they could not find the name I had given on their books. The judges examined the books, and could only find the name of Pat. Hinchy. They took my vote under protest, and marked it. I think my ballot was placed in the ballot-box. They marked my ballot because there was no such name as Patrick Hurley on the register's book. The judges could not find my name on the books they had. Cross-examination :

My vote was for Hogan.

PATRICK HURLEY.

Subscribed in my presence this 9th February, 1867.

Thomas Hanrahan :

J. C. MOODEY, Judge.

My age is twenty-three; I reside on Fourteenth street, between O'Fallon and Cass avenue; I am a registered voter; I tried to vote at the last election at Biddle market; I gave the judges my name; they looked over the lists and could not find it; they did not receive my vote; I registered at the same place where I tried to vote. The only reason the judges gave for refusing my vote was that they could not find my name. My vote was for Hogan. I offered my vote at about half-past four o'clock. Our polls were reopened after supper;

I think about half-past seven o'clock. The register knew me. He was receiving the votes after supper. I handed him my vote and he took it, and said it was all right. He was there in the daytime, but made no attempt to look for my name. Cross-examined:

I was never objected to by the register. I never took out British protection papers. I have lived in St. Louis about sixteen years.

THOMAS HANRAHAN.

Subscribed in my presence this 9th February, 1867.

John Rogers:

J. C. MOODEY, Judge.

I am forty-four years old; I reside at Ninth, between Green and Washington avenue; I am a registered voter; I registered at Walther's office; I tried to vote at the last November election; the judges could not find my name on the certified list; they kept me fifteen or twenty minutes hunting for my vote; they took the ballot and said they would lay it one side, and consider it when they had time. I do not know whether it was counted or not. My ballot was for Hogan. I have been a voter in this city fourteen years. I have been sworn by Judge Moodey.

Subscribed in my presence this 9th February, 1867.

William Jones:

JOHN ROGERS

J. C. MOODEY, Judge.

I am thirty-four years old; I reside at Fourteenth and O'Fallon; I am a registered voter; I have been sworn by Judge Moodey; I voted after night at the election last November; I tried to vote in the daytime; I went to the polls at eleven o'clock, and remained there all day; I tried to vote at the Biddle market, in the ninth ward; I went to the polls and took my place in the line at eleven o'clock; I staid in the line until sundown, and was fifteenth from the door when the polls closed; suppose there was about one hundred or over one hundred and fifty men in the line when I took my place; I did not leave the line during the day; my ballot was for Hogan.

Subscribed in my presence this 9th February, 1867.

John Fleming :

WILLIAM JONES.

J. C. MOODEY, Judge.

I am twenty-six years old; I reside between O'Fallon and Cass avenue and Fifteenth and Sixteenth; I have been sworn by Judge Moodey; I am a registered voter; I tried to vote on the sixth of last November; I went to Biddle market about seven o'clock in the morning; I got to the polls about nine o'clock; the judges could not find my name on the certified list; they told me to leave my ballot on the desk; my vote was not put in the ballot-box; they told me they could not, because my name was not on the list; the man who registered me was one of the judges; I called his attention to the fact; my vote was for Hogan; the register said he didn't know anything about it; I voted after dark; the register was there then, and took my vote, saying he knew that I was registered.

Cross-examination :

I know that the register was one of the judges of election.

Subscribed in my presence, this 9th February, 1867.

JOHN FLEMING.

J. C. MOODEY, Judge.

Edward Quinlivan :

I am about forty years old. I reside at Sixteenth and Biddle. I have been sworn by Judge Moodey. I am a registered voter. I voted at the last election for congressman at Biddle market; no objection was made to my vote. The man who tried to vote before me was objected to; he said he had been registered. The person acting as judge was the register; we call him Smith. His vote was not received because the judge of election could not find his name on the certified list. I don't know who his ballot was for. The man in front of me was Mr. Sheblin. It was announced in the evening that the polls would be opened after sundown. Mr. O'Brien and several others went through the streets with a horn and a bell announcing that the polls would be opened.

Cross-examined:

I voted the conservative ticket. Mr. O'Brien is a conservative. I don't know the others. Both parties tried hard to deposit their votes. No sufficient opportunity was given for voters to deposite their votes. Mr. Smith kept Sheblin full ten or fifteen minutes looking for his name. Both parties tried hard to get their friends to vote.

EDWARD QUINLIVAN.

Subscribed in my presence this 9th February, 1867.

Simon Bermingham:

J. C MOODEY, Judge.

I am about thirty-two years old. I reside in Christy avenue, between Eleventh and Fourteenth. I am a registered voter. I voted the sixth of last November, at Justice Walther's office, on Morgan, between Forth and Fifth. My vote was received. I took my place in the line and marched up very slowly. In the mean time I saw three men who acted in the capacity of special policemen take their positions in line, and vacate them for others who were not special policemen. One particularly attracted my attention. I told him he had no business getting into the line. He said he had a perfect right to go just where he pleased. I thought that he was overdoing his duty; that is, getting into line to prevent others from voting, and I told him so. He told me it was none of my d-d business. I then marched up in due time and polled my vove. I do not know the names of any special policemen. They had their clubs and badges. I took my place in the line, and remained in the line until about five o'clock, when I voted.

Cross-examined:

I saw other parties beside the special policemen change places. All parties seemed to be very busy trying to get their own friends in; I voted for Mr. Hogan. SIMON BERMINGHAM.

Subscribed in my presence this 19th February, 1867.

Robert S. King, being duly sworn, says:
I am about

J. C. MOODEY, Judge, Sr.

; I reside on Broadway, between Madison and Jefferson. I am a registered voter. I voted on the sixth of last November for congressman, at the Sturgeon market; I was there at the opening of the polls; everything was properly arranged for balloting; about eight o'clock in the morning a man was rejected who claimed to be a registered voter; his vote was not received at that time; the objection was that his name was not found on the certified list; I know that he had been registered, because he voted afterward; I think his name was Krueger. There was also a policeman, whose

name I disremember, which had been left off the list; at least they had no record of his name. There was an Irishman, named Murray or Murphy, rejected because his name was not on the list; he claimed to be registered; they all complained to me that they were registered voters, and did not understand why they were rejected; I told them that I would ascertain the cause and try and get their votes in if possible. I then spoke to the judges of the election for the original registry book. They informed me that the registrar of that precinct was not there, but that they had a copy of the book. During that time the name of a man named Luke could not be found; he was very much excited, and claimed that he was registered and entitled to vote; he then went away; I then demanded of the judges to produce the original books, as there were evidently some mistakes in the copy. This was about nine in the morning. The judges said that the book was in the hands of Mr. Hanson; I sent for him and got the book, and the register came with it. About the time the register came, a company of police, headed by Colonel J. B. Darcy, came up, marching up in order; they had tin stars on their breasts, and he had a sword hanging by his side. He halted his company at the polls, and delivered a speech of instructions to them; I was present. Mr. Green and myself had formed the crowd into two lines to vote at that precinct before these police came. Mr. Darcy gave his company orders to arrest any person forthwith interfering with the voting or creating any disturbance. During this time a number of registered voters were rejected because their names were not on the certified list; they went off angrily. About this time I complained again to the judges, and said they ought to appoint some outsiders to examine the regisi ter's book, and the certified list. The judges consented and appointed Squire Stremmel and Milton H. Wash. They found, on examination, that the names of those persons who went away had been duly registered; after this there was quite a number of persons rejected. These two parties found that from sixty to one hundred names had been left off. Some of the men who had been rejected came back and had their ballots received. Colonel Darcy called upon Lieutenant Harrigan to go down to Bob King's headquarters and clean it out. When they got down there they found Mayor Thomas and I taking lunch. Colonel Darcy and his company remained there all day. Don't know who ordered them there; don't know who ordered them to clean out Bob King's headquarters. Colonel Darcy requested the police to take the initiatory step and he would back it up. There was no disturbance at the poll requiring the presence of Colonel Darcy and his command. There were at least fifty special policeman at our precinct. There are three precints in the tenth ward. I was not present at the other precincts; these special policemen had tin stars to designate them.

Cross-examined :

Do not know how many of those that were rejected came back and voted. The judges at that precinct acted very fairly. I being known as a conservative, I presume that those who called upon me for assistance in finding their names were conservatives. I told all who applied to me to return and try again. There was time enough for all to have voted if they had returned. There were facilities for voting one thousand more; the only feelings on the subject were those of fairness at the polls. I do not know of any instance where a person was deprived of voting by unjust interference.

Signed in my presence this 9th February, 1867.

John Fenton Long:

R. S. KING.

J. MOODEY, Judge.

I reside at 1221 Chestnut street, St. Louis. I am one of the judges of the county court of St. Louis county. I have been sworn by Judge Moodey. I was a legal and registered voter at the November electon, in 1866. A few days before the election came off, I submitted to the court the propriety H. Mis. Doc. 37-3

of agreeing upon judges of election throughout the county. The reply was that we would have time enough to do it next week. I met that by say ing I would be absent the next week, and therefore desired we should agree now, so that I might have a say in their selection. One or two of the county judges remarked, if you intend to be absent you can select such judges as you want in your own district, as each county judge will probably select the judges of election in his own district. In accordance with this suggestion I made a list of names for judges in each precinct in my judicial district; fifteen names for the five precincts, and enveloped them directed to the presiding officer of the court. He told me he had received the list. When I returned again I found the judges had made selection of judges of election, including my district, except Judge Dailey's district, and I found on inspection that they had erased all the names I recommended but three, giving no satisfactory reasons for doing so; I proposed to go into the selection of judges of election for Mr. Dailey's district; he was absent that day. They refused to select judges of election because Judge Dailey was not there. I claimed that the reason was not good, as they had refused nearly all that I recommended in my district; the matter was deferred several days until Judge Dailey did return, when the list was filled up. Finding then that there were many precincts that were to be governed by judges of election altogether German, and a large majority of every precinct in the county by entirely radical judges, I submitted an order, which was tabled, that at each election precinct in St. Louis county there should be at least one native American citizen. I then proposed that in selecting judges of election there should be at least one of conservative views, which was also tabled. These are the facts concerning the selection of judges of election. When the vote was returned to the clerk of the county court, he, as is required by law, selected judges in assisting him to count up the votes; I was not one of them, but a few days after the appointment the clerk told me that Judge Cronenbold had failed to appear as one of the parties he had selected, and that he would take me as a substitute therefor. Mr. Eager, the clerk, Judge Farrar, and myself took the abstract of votes that had been made out, counted and compared them, and after hearing Mr. Knox's argument upon the subject of counting the night vote, they both certified to the aggregate vote in that abstract. I certified to the vote given before sundown, and entered my protest against counting that given after. Am not sure at what precinct the sundown vote was counted. They gave no satisfactory reason for changing my list. I heard afterward that it was because I had not recommended loyal men. I think that all were loyal men. All of the judges of the county court, except myself, are radicals. Judge Dailey selected radical and conservative judges in his district, but I claimed that he had no right to do it, because the same privileges had not been given to me. It has been usual heretofore for the county judges to select the judges of election in their own districts.

Cross-examined:

Nearly all of my district is in the first congressional district. Of the judges of election I recommended two conservatives and one radical for each precinct in my district; this was my design. I never heard the loyalty of but two of the judges of election I had recommended questioned; they were Turner Maddox and Samuel Willi. The whole court generally ratifies the recommendations made. I think I am pretty generally acquainted with the character of the judges of election ap pointed; I know that in some of the districts a very large majority of the voters are Germans. I don't think that it was in these precincts only that Germans were appointed. In Meramec and Bonhomme townships nearly all the judg were Germans; these townships are not in the first congressional district. JOHN F. LONG.

Subscribed in my presence this 9th February, 1867.

JAMES C. MOODEY, Judge, &c.