vote, wrongfully.

This count does not allege that it was the duty of the defendants to
receive or count the votes. It simply alleges that they were Inspectors
of Election. Their duties as such are not stated. It is not alleged that
as such inspectors they were charged with the duty of receiving and
counting votes. It is not claimed by the indictment that these votes
were counted or put into the ballot box--or affected the result. The
defendants simply received the votes. What they did with them, does not
appear. Any bystander, who had received these votes, could be convicted
under this indictment as well as they.

WILLIAM F. MORRISON, a witness called in behalf of the United States,
testified as follows:

_Examined_ by Mr. Crowley:

Q. Where did you live, in November, 1872?

A. City of Rochester.

Q. Where do you live now?

A. Same place.

Q. Did you occupy any official position in the month of November, 1872?

A. I did.

Q. And do you now?