Commonwealth of Kentucky
against
Alfred Swango

Be it remembered that in the trial of this Cause the plaintiff introduced as a witness John M Gardner who testified to wit — That he had frequently saw the Defendant Alfred Swango Sell whiskey by the drink for and during the months of December 1862 & January and February & March 1863. Nearly Every week in a house at a place Called Veracruz in Gallatin County,, The witness,, on Cross Examination that he ,,the witness" had at the times mentioned Licens to keep a Tavern there and had so Kept a tavern there long previous to that time from first of December 1862 to first March 1863 that by an arrangement between him and one Jacob Swango that said Jacob Swango by his the ,,witnesses" permission retailed Spiretuos Liquars there and that the Defendant was acting as bar keeper and only Sold the Liquars of the Said Jacob and was not Selling on his own account and that he paid himself his wages out of money taken in for whiskey Sold and had no interest in the Concern only that he was hired by the month-

Selling for Jacob,, all of which testimony So given in the Cross Examination was on motion of Commonwealths atty Excluded from the Jury by the Court To which ruling of the Court the Defendant Excepted —
The Defendant then introduced William Swango who Stated that at his request his Son the Defendant had went there to attend to the Bar for Jacob Swango and was to be paid wages by the month,, on motion of the atty for the Commonwealth the whole of this Evidence of the last witness was Excluded from the jury by the Court to which ruling of the Court the Defendant excepted — Witness Gardner proved that the ,,witness" had had licens during the time mentioned in the indictment to keep a tavern at Vera Cruz- that he had not assigned his licens to Jacob Swango,, but that by an arrangement in parol he had agreed that Jacob Swango might Sell whiskey under the licens of the witness,, but that he never made any arrangement authorising the Defendent Alfred Swango to Sell under his licens. The Defendant did not sell for witness but for Jacob Swango — The Court on motion of the atty for the Commonwealth then introduced the jury that it was no Excuse for

Defendant that he was Selling whiskey for another person for wages, when Such other person had no licens authorising him to Sell that if they believed from the Evidence that he had Sold whiskey or other Spirits Liquors by the drink for and during the three months of from first of December 1862 to and including first March 1863 They must find him Guilty to which ruling of the Court as to Said instructions Deft Excepted. Whereupon the Jury returned retired and after deliberation returned the following verdict we of the Jury find the Defendant Alfred Swango Guilty — Whereupon by order of the Court Judgement was entered against the Deft Alfred Swango for $200⁰⁰ and costs. Defendant then moved the Court for a new trial of the case on the following grounds —

1 The Court Errored in the instructions given to the Jury —

2 The Court Errored in Excluding from the Jury important and Legal testimony which motion the Court over ruled to which ruling of the Court Deft Excepted —

The foregoing Bill of Exceptions Shows all the proof that was presented in this Cause, which Bill of Exceptions was presented in Court and Signed and

Sealed by the Said Court and ordered to be made part of the record herein without the Same being Spred at large upon the record —

Geo C. Drane
Cir Judge

A Copy
attest R, L. Ireland Clerk
GC Cir, Court

Gallatin Cir. Ct.
vs
Alfred Savage
$200
Tipling

Refus
Remit
except fees & costs
Tho E Bramlette
13^th May /64