The undersigned citizens of Marshall County Ky. who are conversant with the facts in regard to the trial evidence & conviction of Ja^s H. Marshall, and the Standing & credibility of the witnesses, State that the evidence on trial consisted of the Statements alone of the prosecutor and of a boy fourteen years old ^& Dr Holland.^ The prosecutor Stated that he lost ^on public road between Briensburg &, Palma^ a carpet Sack containing coffee glass tumblers cottonade & a pair of pants off of a wagon; that he lost Said articles within ¹/2 mile of Briensburg; that distance to Palma is 6 miles; that he went on to Briensburg without delay, and discovering that Said articles were missing he immediately Started back on road to Palma on horseback to hunt for Said articles; that Said Marshall & boy 14 years- viz witness Louis A. Page were the only persons that he met going the Palma road except a Soldier who passed on a head of Said Marshall & boy; that Said Marshall was driving an ox team, and that he prosecutor road at a fast gate but ^never^ over took Marshall until he reached Palma, a distance of 5 ¹/2 or 6 miles from where he met him: that The evidence of Said boy when he overtook Marshall he prosecutor

asked Marshall if he had not found a carpet ^Sack^ & other articles named; and that Marshall Said no; that prosecutor then drew & cocked a pistol on Marshall & told ^him^ he intended to search wagon & would have Said articles; and that Marshall Said he had found Some tumblers & cottonade but no coffee ^pantaloons^ or carpet Sack.

The boys evidence was that he was with Marshall driving the oxen & that he first discovered Some goods in road, cottonade & tumblers; that he called to Marshall & pointed him to Same; that there was no carpet Sack coffee or other article except what was given up to prosecutor; that a man ^on horse back^ in Soldiers uniform passed on Same road before him & Marshall about the time or a little before meeting prosecutor; that prosecutor did ask Marshall at Palma if he had found a Carpet Sack; and that Marshall Said he had not found a carpet Sack but that he had found Some goods in the road, in a bundle, and asked if they were prosecutors, & prosecutor Said they were. Marshall delivered the cottonade & tumblers to prosecutor, who

Said there was Some coffee & a carpet Sack &c lost also by him; that Marshall & witness, boy went on to Paducah with a the load of marketing they had at the time of finding Said articles; that prosecutor never drew, cocked or Showed a pistol as Stated by prosecutor; and that at feed time at Paducah, Marshall in getting out feed for his oxen found one glass tumbler & a piece of cotton goods that had got Separated from the bundle found, & had worked down under the feed & was not noticed or known at time of delivering the other articles to prosecutor; Marshall as Soon as he discovered Soame, Said there was Some more of the goods of prosecutor & that he did not know it before, & would deliver on his return home; that when they returned home Marshall Said to his wife that Said articles belonged to prosecutor, & directed her to deliver ^or Send^ them to prosecutor if She Saw a chance; that prosecutor went to Marshalls, and Marshalls wife he being absent, Said to prosicutor before being interrogated that there was Some things there belonging to him & which Mr. Marshall did not See at time the other goods were

delivered to prosecutor, and that Mr Marshall had directed her to give or Send them to prosecutor first opportunity. Dr. Holland stated that he went with prosecutor to Marshalls & that Mrs Marshall informed made the Statements as above Set forth and that the boy told the Same tale or in other words made the Same Statement then as on the trial & with as little difference or variation as any man ever did We believing Marshall ^to be^ innocent & that he was convicted because of the Statements of a greatly prejudiced witness would ask & pray your Excellency to immediately pardon him, as in justice you Should do.

W. W. Malcone

Moses E Stone

W J Clark

R F Gregry
Samuel Cox
James Baker
J M Cox
A.. T.. Sims
H Washburn

E. Tatum

P. Fulcher

Jas Dason

J, W, Brown
L. C. Hamilton
Danl Cros

W W Hester
W. C. Fields
B F Hamilton
G Fields
W. H. Robinson

W. J. Culp
James quarles
J, F, Mccoy

James. Lindsey segn

A {Unclear} K Lindsey
M Lindsey

Thomas Fields

A B Lindsey

Henry Hanson
L. R. Finley
John Baker
J. W. Phillipss
Daniel Washburn
G. W Slaughter
A T Cox
Bryant Downing
S. W. Holland
W, W, Baker,
V F Holland
H M Holland
H H Downing

Statement of evidence and Pett for pardon of Jas H Marshall of [...] County

Re^cdSept 1^st 1863
Marshall C't C't

vs
J. H. Marshall