Barren Equity & Criminal Court
The Commonwealth Plaintiff
against
Joh W Houze &c Defendants

The Defendant John W Houze & Marion Larrison State that sometime in Feby, 1863 they were arrested and confined in the Barren County Jail under a charge of Horse Stealing, that on the 25^th day of February 1863 they were taken from said Jail under the operation of a writ of Habous Corpus & admited to bail in the Sum of $500 Each

They further State that the defendants William Sampsonexecuted a bond for each of them in the Said Sum of $500 Conditioned that he would pay the Commonwealth of Ky Said Sums provided said defendants failed to appear in the Barren Equity & Criminal Court at its Next June term (1863) to answer said charge & at all times Surrender themselves Subject to the orders of Said Court &c They State that they failed to appear in Said Court at its June term 1863 & that there was an order made in Said Court directing Said bonds to be forfeited & directing a Summons to Issue against said Sampson They further State that at the time said charge was made against them & said proceedings had & Said bonds executed that they were & had been Soldiers in the Military Servis of the united States for Some Eighteen Months

that they belonged to the 401st Reg 2d Indiana CavelyThat when they were released from said Jail upon the execution of Said bonds, that they returned to their homes in the Sate of Indiana, with the intention of returning if they were permited and answer said Charge- the defendants Marion Larrison States that at the time Said Court was held in June 1863 & for sometime before he was Sick & two unwell & not abel to attend said court- they both State that the mode of Travel from their homes to Glasgow Ky is by railroad & that was the way they expected to travel to said Court & had so made their arrangements- That a Short time before the commencement of said Court they were informed & so beleaved that the rail Road between Louisville & Glasgow the only road they could Travel by rail had been destroyed by Guerrillas & that there was no chance of passing on said road & they State that Said road was or a portion of it destroyed a Short time before Said Court & they were informed that they could not Travel in that way it was then Too late to travel by any other Conveyance besides the danger of ^their^ being captured by Gurrillas & it was todtaly out of their power to get to sd Court- They State also that they were required by their officers and the Government in Whoose Service they were to return to their regiment, under penalty of being punished as deserters, That they could not pass

from home to sd court without a pass from their officer& that they were cut off from their Command at HartsvilleTenn that to have attempted to go to Glasgow without permission of their officer they would have been arrested & Tried as deserters- They refer to & Make the writs of Habaus Corpus & proceedings under them & the order forfeiting said bonds part hereof- That they did return to the army & their Regiments & have been in Said Servis ever Since That their time will not expire until Sept 1864 & then or as soon as they can gain permission they desire to appear & answer said charge Such permission they have as yet been unabel to obtain They further State that before the defendant Sampson went their bail & executed Said bonds they deposited with him as indemnity the amount of Each bond in Mony that are the real parties in intrest in regard to the forfeiture of Said bonds

Wherefore they pray that they be made defendants hereto & this be Taken as an answer & the order forfeiting the same be set aside & for all proper relief

Jones &McQuown for Defts

State of Kentucky Barren county

George Larrison& Micheal Houze states that they are agents for Defendants John W Hauze & Marion Larrison Whoo are absent from this County & State and that they believe the Statements made in the foregoing answer are true

George Larrison
M hauze

Sworn to before me by Micheal Hauze & George Larrison this 9^th day of December 1863

T H M Winn D. C.

A Copy Attest

W. L. Porter clk

Houze & Lorimer
Answer