Q. What office did you hold during the late rebellion, and what duties äl you perform under General Schofield's order No. 24? A. I was one of the justices of the county court of Clinton county, and was provost marshal of said county. In connection with the latter office I had the duty assigned me by Lieutenant Colonel Swearengen of enrolling the citizens of said county on what was called the loyal and disloyal lists. On the loyal list it was my duty to enroll for military purposes all male citizens between eighteen and forty-five years of age; and on the so-called disloyal list it was my duty to enroll all citizens of whatsoever age who had at any time sympathized with the people in rebellion. I had no discretion in the matter, nor had the people. The enrolment of the county was made, therefore, as directed by General Schofield's order No. 24 and the explanatory circular of Brigadier General Hall, dated September 26, 1862. The total number enrolled on the so-called disloyal list was over six hundred. In the enrolment of the county, as a general rule, every man whose sympathies were regarded as being with the South was entered on the so-called disloyal list, although protest ng his loyalty to the government of the United States. Q. How many men do you suppose, who would have been entitled to vote but for the disqualifications imposed by the terms of the new coustitut on of Missouri, declined to take the test oath or attempted to register at all; what was their general character, and how would they probably have voted had they been permitted to do so? A. I would suppose some five or six hundred of such citizens, many them men of the most exemplary standing, and the rest of them like other average people. I think it safe to say that they would have voted for Judge Birch and the conservative ticket. Q. Do you know or believe that any person of known disloyalty, who had been in arms against the United States or the State of Missouri, or who ba given aid and comfort to the enemies of the United States or the State of Missouri, or any outlaw, guerilla or bushwhacker, or other disloyal person, disqualified under the laws of this State, was permitted to vote in the last general election in this county? A. I do not, except Francis D. Phillips, who was the supervisor of registrati a of this county, and only know that from sworn statements of other citizens. THOMAS F. VIGLINI Subscribed and sworn to before us on the day, at the place, and within the hours first aforesaid. ADOLPHUS MUSSER, J. P. ELI M. LYONS, of lawful age, being produced, sworn, and examined on the part of the contestant, deposeth and saith: Q. Where do you reside and what is your occupation? A. I reside in Plattsburg, Clinton county, Missouri. I am a merchant. Q. Did you offer to register as a voter during the year 1866; and if so, what was the result? A. I applied to the register of this township, and after taking the test o prescribed by the new constitution, then, for refusing to answer any questi touching my disqualifications, (as the test oath covered all the ground in t premises,) I was put down by the register on the rejected list, and subseque voted as a rejected voter. I voted for Judge Birch for Congress, and the ba of the conservative ticket. Q. Are you acquainted with the citizens of this township who were p the rejected list? What were their characters, and who do you believe the voted for for Congress? A. I am well acquainted with most of the citizens whose names were put pon the rejected list. They are among the most substantial, wealthy, and xemplary citizens of the community, and I believe they all voted for Judge Birch for Congress and the conservative ticket. ELI M. LYONS. Subscribed and sworn to before us, on the day, at the place, and within the ours first aforesaid. ADOLPHUS MUSSER, J. P. THOMAS H. CLAY, of lawful age, being produced, sworn, and examined on the art of the contestant, deposeth and saith: Question by counsel for contestant. What is your occupation, and where do you eside? A. I am a merchant, and I reside in Plattsburg, Clinton county, Missouri. Q. Have you heard the questions and answers contained in the deposition of . M. Lyons read, and were you rejected as a voter for the same reasons, and o you concur in the opinions therein expressed? A. I was rejected for similar reasons, and voted as a rejected voter for Judge irch, and I concur in the statements made by Mr. Lyons. THOMAS H. CLAY. Sworn to and subscribed before us, on the day, at the place, and within the Ours first above named. ADOLPHUS MUSSER, J. P. Not being able to complete the taking of said depositions for the reason that here was not sufficient time, we adjourned the further taking of the same until -morrow, then to be continued at the same place and between the same hours entioned in the annexed notice. ADOLPHUS MUSSER, J. P. Pursuant to adjournment as above stated, on the 22d day of February, 1867, etween the hours of seven o'clock in the forenoon and five o'clock in the afteron of that day, at the law office of James M. Riley, in Plattsburg, Clinton unty, Missouri, we continued the taking of said depositions as follows: GEORGE ESSIG, of lawful age, being produced, sworn, and examined on the rt of the contestant, deposeth and saith: Question by counsel for contestant. Where do you reside and what is your cupation? A. I reside in Plattsburg, Clinton county, Missouri. I am the clerk of the ounty court of said county. Q. Have you examined the poll-books returned to the county clerk's office the late November general election? and if so, state the number of votes so turned, both on the accepted and rejected list, respectively, for James H. Birch d Robert T. Van Horn, candidates for Congress at said election. A. I have made a careful examination of the poll-books on file in my office, turned from the different townships at the late general election, and find the sult to be as follows, to wit: The vote of Concord township was not counted and returned by the judges of election. The poll-books show that there were forty-eight (48) rejected vete cast, but the ballots were returned without being counted. Q. Why did you not count the ballots of Concord township? A. Simply because there was no official order made by the county court for me to do so, without which I had no authority to do so under the law. Q. Have you examined the registration books for Concord township, returned and on file in your office? State how many rejected voters were so returned. and whom do you believe they voted for? A. I have examined the registration books returned from Concord township, they showed that there were forty-eight rejected voters registered. My opinio is that they all voted for James H. Birch. Q. Were you a candidate for the office of county clerk on the same ticke with Robert T. Van Horn at the late general election ? A. I was. Cross-examined by Captain CHARLES A. WRIGHT, counsel for conteste Q. Do you know from your own personal knowledge that all the rejected ve were cast for James H. Birch, in Concord township? A. From the fact that the poll-books from the other townships in the county show that all the rejected votes were cast for James H. Birch, and being pr sonally acquainted with nearly all the registered voters on the rejected Est Concord township, and their politics, I therefore have my belief that they for James H. Birch upon these grounds. Re-examined by counsel for contestant: Q. Did all the rejected voters take the oath of loyalty as as prescribed by new constitution of the State of Missouri, before they were even register on the rejected list? A. The records of my office show that they did. permitted GEORGE ESSIG Subscribed and sworn to before us at the place, on the day, and within the hours first aforesaid. ADOLPHUS MUSSER, J.P. ROBERT JOHNSON, of lawful age, being produced, sworn, and examined se the part of contestant, deposeth and saith: Questions by contestant's attorney: Q. Where do you reside? A. In Clinton county, Missouri. Q. How long have you resided in said county, what has been your employnent, and are you acquainted generally with the people throughout the county? A. I have resided in Clinton county, Missouri, for upwards of twenty years! am a farmer, and have been twice a justice of the county court of the county; am generally acquainted with the people of the county, and especially with he old residents. Q. What number of citizens do you suppose, who would have been entitled o vote but for the disqualifications imposed by the terms of the new constituon, declined to take the test oath, or to attempt to register at all? What was heir general character, and how would they have probably voted had they been ermitted to do so? A. I think that there were about four hundred of such citizens; many of hem were among the best and most substantial and wealthiest citizens of the ounty, while the rest were like other average people; and I think they would ave generally voted for James H. Birch for Congress. Q. Do you know or believe that any person of known disloyalty, who had een in arms against the United States or the State of Missouri, or who had iven aid and comfort to the enemies of the United States or the State of Misouri, or any outlaw, guerilla, bushwhacker, or other disloyal person disqualied under the laws of this State, was permitted to vote at the late general election this county? A. I do not. Cross-examined by Captain CHARLES A. Wright, counsel for contestee: Q. Are you personally acquainted with all the men in Clinton county who oted on the rejected list? A. Not knowing who they all are, I cannot say that I am personally, though think I can safely say that I am acquainted with the most of them. Q. Do you know from your own personal knowledge that all the men who oted on the rejected list were loyal within the meaning of the terms of the new onstitution of Missouri? A. I do not know of any man voting on the rejected list who was disloyal ithin the meaning of the terms of the new constitution of Missouri. ROBERT JOHNSON. Subscribed and sworn to before us at the place, on the day, and within the ours first aforesaid. ADOLPHUS MUSSER, J. P. HARVEY SPRINGER, of lawful age, being produced, sworn, and examined on e part of the contestant, deposeth and saith: Questions by counsel for contestant: Q. Where do you reside? A. In Plattsburg, Clinton county, Missouri. Q. Were you appointed by the supervisor of registration for this county regter for this (Concord) township? A. I was. Q. Did the supervisor furnish you with a list of names said to be of men who ere said to be enrolled as disloyal under General Schofield's Order No. 24 as sloyal persons? If so, what were the supervisor's instructions, and what were our actions when said persons came to be registered? A. The supervisor furnished me a list certified by him to be a copy of the mpathizing list of this county, with instructions that all such persons, when ey applied for registration, should be put on the rejected list, and which was cordingly done. Q. Were not the most of the men you rejected as voters on that list? A. All the men rejected by me, except four, were on that list, and wer rejected for that reason. Q. Did every person who was put on the rejected list by you take the oth of loyalty presented by the new constitution? A. Every one was required to take the said oath of loyalty before he was even put on the rejected list. Q. Did the supervisor furnish you with a list of printed questions, with instructions to require the parties who presented themselves for registration to answer, and what was your official action in the premises, and what was the action. so far as you know, of the other registrars for the different townships, and whether you believe the list here shown, and marked “A," to be a copy said list? of the A. The supervisor did furnish me with a list of questions to be propounded to persons presenting themselves for registration, with instructions requiring the answer to each question to be written out and signed by the party; which list of questions I made no use of, for the reason that I had the attorney general's instructions. So far as I know, the other registrars of the other townships com plied with the supervisor's instructions; having obtained this information at the time of the sitting of the board of appeals, and by having furnished one of the registrars with a lot of the printed questions, he having used all he had, and I having no use for mine. The list of questions herewith shown, and marked "A," I believe to be a copy of the questions furnished me by the supervise, except those questions marked out in ink. Cross-examined by Captain CHARLES A. WRIGHT, counsel for contester: Q. Did you refuse to register, as an accepted voter, any applicant for regis tration whom you believed, from the evidence before you, to be a loyal within the meaning of the new constitution of Missouri? A. I did [not] refuse to register any man whom I believed to be loyal wit the meaning of the terms of the new constitution with regard to voters. Q. Do you know, from your own personal knowledge, how the registrati was conducted by any other registrar except yourself in Clinton county. A. Only from what they told me themselves, and what I saw with regard t those printed questions, at the board of appeals. Re-examined by counsel for contestant: Q. Explain more fully your answer to the first question put to you by the counsel for the contestee. A. I mean by that, that I rejected nobody as a qualified voter whom I lieved to be such under the terms of the new constitution. HARVEY SPRINGER Subscribed and sworn to before us, at the place, on the day and within 2 hours first aforesaid. ADOLPHUS MUSSER, J. P. OLIVER P HUNT, of lawful age, being produced, sworn, and examined the part of the contestant, deposeth and saith: Question by counsel for contestant. Were you a member of the conventisth. nominated Colonel R. T. Van Horn, at Richmond, Missouri, in the fall of 1 If so, state whether the main reliance of the radical party, and the member that convention, in the defeat of Judge Birch, and the election of Colore\s Horn, was not in the strict and rigid enforcement of the registration law' A. I was a member of that convention, and such were the purposes and vie |