Daviess county, Kentucky; my occupation is selling goods; and I have lived in Owensboro' thirty years, and in Kentucky since I was about six years old. By same. State the circumstances connected with your attempting to vote on the 3d of August last.

Answer. I came to the polls to vote in Owensboro'. Mr. Comstock, one of the judges of the election, asked me how I voted. I told him that I voted for Wickliffe and Read, and he said I could not vote for these men, because their names had been stricken from the polls; but he said he knew me to be a legal voter, and that I could vote for Mr. McHenry. I then said I would vote for McHenry, and he and C. L. Balee, the other judge, said I would have to be sworn; and then I declined to vote, and did not vote.

By same. Do you or not know that large numbers of persons came to Owensboro' on election day to vote, and went home without doing so?

Answer. I do; I heard several say so.

Question by Yeaman's counsel. Did you not go to the polls to vote for McHenry for Congress?

Answer. I did.

By same. Were you not unwilling to take any oath to enable you to vote? Answer. I was.

By same. How long since you were in favor of the rebellion against the federal government?

Answer. I never was in favor of it.

By same. Have you rejoiced a single time at any victory or success of the federal forces during their contest with the rebels?

Answer. I never rejoiced at any sort of victory particularly that I remember. By same. Are you not an ardent advocate of the so-called southern confederacy?

Answer. I am not an ardent advocate in any particular way that I know. I have very little interest in the present politics of the day.

By same. You answer you have very little interest in the present politics of the day. Is not that interest on the side of the southern confederacy? Answer. I do not know that it is particularly so.

By same. Have you not advocated the propriety of the rebellion heretofore?
Answer. I do not know that I ever, at any time, advocated the rebellion.
By same. Is it not your wish that the southern confederacy may be estab-
lished?

Answer. Not at all, if we could have the government that we once had.
By same. Have you ever been a member of the K. G. C. ?

Answer. No.

By same. Was it not the understanding and agreement of the leading secessionists or southern rights men about town to support Colonel McHenry for Congress? Answer. I do not know.

By same. Had you not, previous to the last August election, directly or indiretly, contributed anything in the way of clothing, food, money, or other property to any person or persons who were engaged or were to engage in the confederate service in a civil or military capacity?

Answer. None that I remember.

Question by McHenry. Are you or not in favor of the restoration of the Union ca the basis of the Constitution; and would you not vote for a candidate advocating that principle in preference to one who advocated the secession of Kentucky? Answer. I would.

Question by Yeaman. Would you prefer a candidate who was in favor of voting men and money to carry on vigorously the war for the preservation of the government to one who was against men and money?

Witness declined answering the last question, and the court would not compel him; and further this deponent saith not. J. H. BLAIR.

October 14, 1863, adjourned till to-morrow morning at 9 o'clock.

OCTOBER 15, 1863.

Met according to adjournment. A. G. Botts, judge. The deposition of E. Comstock, taken for the same purpose, at the same place, on Thursday, 15th October, 1863.

Question by McHenry. State what connexion you had with the election on the 3d of August, 1863.

Answer. I was one of the judges of the election at the polls of the lower town precinct No. 1.

By same. Who appointed you judge, and when did you receive notice that you should act as judge?

Answer. I was summoned by the sheriff a few minutes before the opening of the polls, and I was sworn in by Judge Botts.

By same. Did you receive any orders to conduct the election according to military law? If so, who gave you those orders, and was the election so conducted? State all the circumstances.

Answer. Orderly Sergeant Farris, of the 65th Indiana infantry, came up with a file of soldiers, before the polls had opened, and ordered the Wickliffè ticket, as it was termed, to be stricken from the polls; but McHenry's name, as a candidate for Congress, was permitted to stand. The election was conducted according to the several orders of General Burnside, Colonel Foster, and Gen'eral Shackelford; and I, as one of the judges of said election, aimed to conduct the same in strict conformity thereto. The order marked C, and on file, is one of the orders before us. This order is similar to General Shackelford's order; and the form of the oath at the bottom of order marked C was used and administered when an oath was required.

By same. Was this oath administered to all persons who voted for McHenry?
Answer. It was not.

By same. Was it administered to any who voted for Yeaman?
Answer. I think not; I am not positive.

By same. To what class of men was it administered?

Answer. To men that I believed to be disloyal, and were identified with the party engaged in war against the existence of the national government; and by this I mean not only men under arms, but such as were, in purpose, aim, and object, opposed to the Union.

By same. What was considered a test of loyalty by the judges of the election in August last; and how did you, as one of the judges at said election. determine whether a voter was loyal or disloyal?

Answer. We were governed by those who refused to take the oath already herein described in part, and by a knowledge of their antecedents.

By same. Was or not the oath above referred to required of every voter with whom the judges at said election were not acquainted; and was there or not a great many persons who voted at said election who were strangers to the judges at said election, who were allowed to vote, who voted for honorable George H. Yeaman?

Answer. I believe it was. I do not know that any strangers were allowed to vote for Yeaman.

By same. What time did you close the polls?

Answer. I had no time-piece, but when we closed it was barely light enough to see how to make out and sign the certificate.

By same. Were there not a large number of persons who applied to vote, and were refused because they would not take an oath.

Answer. The number was not large; it might have ranged from 20 to 30, I can't say.

By same. Do you know anything of a letter written to Colonel Foster from this town by Union citizens a short time before the election.

Answer. I do not.

By same. How many soldiers were around the polls you judged; were they armed, and how far from the clerk's desk were they?

Answer. I think about ten or twelve armed with muskets and fixed bayonets. The guns were loaded in our presence. I think they were about ten or twelve feet from the window through which we received the votes.

Question by Yeaman's attorney. Was there any obstruction placed in the way of voters who desired to vote for Colonel McHenry at the late election ? Answer. None, unless the military oath was considered such.

By same. Was that oath required of any except where the loyalty was suspected by the judges.

Answer. It was not, except when strangers applied to vote.

By same. State whether or not a majority of the votes cast for Yeaman were thern rights, so far as you know their politics.

Answer. There were no southern rights votes cast for Yeaman that I know of. By same. What was the political status of the majority of votes cast for Colonel McHenry?

Answer. I do not know that I can say, but I am inclined to think that there was a majority of disloyal voters, though some loyal men voted for him; and further this deponent saith not. ELIJAH COMSTOCK.

Also the deposition of J. H. Hodgkins, taken for the same purpose at the same time and place.

Question by McHenry. State what connexion you had with the last election. Answer. I was one of the judges at Curdsville precinct, in Daviess county. By same. Was the election controlled there by usual civil law, or by orders from the military?

Answer. It was controlled by military orders; order marked C was observed and carried out.

By same. Was there or not any additional oath than Colonel Foster's prescribed by the officers of the polls at Curdsville to voters?

Answer. There was.

By same. Was not the following additional oath tendered to voters and made a condition upon their voting: "You do solemnly swear that you will support the Constitution of the United States, the present administration, and the enforcement of its laws, the constitution of Kentucky and the enforcement of its laws;" and did not voters apply to vote and offer to take Colonel Foster's ath or the expatriation oath of Kentucky, and were refused because they would

not take the above oath?

Answer. That is correct.

By same. Was not Colonel McHenry present and protested against the administering of the above oath, and claimed the privilege of his friends to vote? Answer. He was, and did claim that his friends should be allowed to vote without taking the last above-named oath.

By same. Were not some of the officers at your polls opposed to allowing any man to vote who was opposed to the present war policy of the federal adminis

tration?

Answer. Some of the officers of the election were opposed to allowing any persons to vote unless they were in favor of a vigorous prosecution of the war. By same. Were there or not persons who applied to vote and offered to take any oath prescribed by the laws of the United States, or of Kentucky, and

were refused?

Answer. There were persons who offered to take the oath prescribed by Colonel Foster, but were refused because they would not take the other oaths.

Question by Yeaman's attorney. How many votes were polled at Curdsville Answer. I do not remember; I think about 70 or 80 votes.

By same. Was the additional oath, of which you have spoken, required of any except where their loyalty was suspected by the judges.

Answer. I think not.

By same. How many voters were turned off because of their refusal to take the additional oath ?

Answer. I think between ten and fifteen.

By same. Was the oath of Foster offered or administered to any except where their loyalty was suspected?

Answer. It was neither offered nor administered to any except those whose loyalty was suspected.

By same. Was or was not the additional oath overruled; if yea, what time in the day?

Answer. It was not overruled. ruled myself; and further saith not.

I was in favor of overruling it; was over

J. H. HODGKINS.

The deposition of John R. O'Bryan, taken for the same purpose, and at the same place and time.

Question by McHenry. State your age, residence, and how long you have lived in Daviess county.

Answer. I am fifty-three years old; have lived in Daviess county about twentyfour years, and in the Knottsville district all the time.

By same. Are you not a loyal man, and been regarded so by your neighbors since the commencement of the present rebellion?

Answer. I am a loyal man, and have been so regarded, and I am still loyal yet.

By same. State the circumstances connected with the impressment of your horse by Captain Cummings, of the 3d Kentucky cavalry.

and

Answer. A lieutenant in Captain Cummings's company came to my house about ten days after the election in the night, with nine other soldiers and fifteen horses, and asked to stay all night. I permitted them to stay, and fed them and their horses. The lieutenant said he intended to take two of my horses for public service. I replied, I suppose you will pay me for them. He said no; and I asked him why, and he said because you are a rebel. I told him I had always been a Union man, and said to him, if all my Union neighbors except one, all the home guards, did not say I was a Union man, he might take all my horses and all I had, and me with them. He replied, I am not going to give you that chance. He said, you voted for McHenry, who, he said, was a rebel, and said in the morning he would take one of my horses any how. I should have stated above that in the conversation with the lieutenant I told him McHenry had been in the Union army, and I considered him, therefore, the best sort of a Union man. He took one of my horses away, for which I have a receipt signed by Captain Cummings. It was stated at Kuottsville that the horses of all those who voted for McHenry would be taken from them, and I know that a number of persons would not vote on this account.

By same. Did you see soldiers at the polls in Knottsville on the day of election?

Answer. I did; they were standing around the polls with arms.

Question by Yeaman's attorney. Who put out the report that all who voted for Colonel McHenry would have their horses taken?

Answer. The citizens.

By same. Was there any interruption of the voting by the soldiers?

Answer. None that I ever heard of or saw.

By same. Was there any restriction upon the voting that day?

Answer. None that I know of.

And further this deponent saith not.

JOHN R. O'BRYAN.

The deposition of R. H. Fenwick, taken for the same purpose, and at the same time and place.

Question by McHenry. State your age, residence, and place of voting. Did you vote at last election; and if not, why?

Answer. I am 46 years old; I reside in Daviess county, Kentucky; my place of voting is at Curdsville. I did not vote at the last election because Colonel Spray, judge of election, said in my hearing that no man was allowed to vote unless he would support the administration, and give the last man and the last dollar in support of the prosecution of this war.

By same. Do you or not know that persons applied to vote who would have voted for McHenry, and expressed a willingness to take any oath prescribed by the laws of the United States, or of Kentucky, and were refused?

Answer. Fifteen or twenty of us saw Colonel Foster's order; examined it and were willing to take it. We went to the polls with Foster's order, and were willing to take the oath therein required; but Spray said we could not vote unless we would also take an oath to give the last man and the last dollar in support of the administration.

By same. Were there or not large numbers of persons, legal voters, there on the 3d August, who did not vote, and would not a majority of those persons have cast their vote for McHenry?

Answer. I believe so. There was a large number who did not cast their votes. Question by Yeaman. State if you were acquainted with all of the fifteen or twenty you have spoken of.

Answer. With most of them.

By same. Were they southern rights or Union men?

Answer. Most of them were considered southern rights men.

By same. Who were Union men then?

Answer. Benedict Hardisty is considered a Union man, and he was one.
By same. Which are you?

Answer. I am considered a southern man.

By same. Are you in favor of the rebellion succeeding?

Answer. I am not.

By same. Are you in favor of the Union?

Answer. I am in favor of a restoration of the Union upon the basis of the Constitution.

By same. What are the names of the men who were prevented from voting

by what Spray said?

Auswer. Buck McAtee, George Roberts, and the two Mullicans.

By same. Can you name any other man or men who was prevented from voting, except as above? If yea, name them.