Simon Livingston: stated that on Thursday night about 10 Oclock I arrived in theCityfrom Evansville & went to my home in the Omnibus, on Floyd between Market & Main street, while I was Knocking at the door (I had a pair of saddle Bags on my shoulder.) in order to arouse my wife to open the door. Three men came up to me (accused are the same men) & asked me What I was doing there & I told them it was my home & one of them seized me by the collar of my Coat another one struck me & one had hold of my saddle Bags: I had some $25.⁰⁰ in Silver in my saddle Bags: and some Spectacles & about $500. in paper Money on my person. I called watch & my wife who had come to the Window, also called watch & accused ran away — when they first accosted me, one of them asked me what I had in my saddle bags, the one who had hold of the Saddlebags attempted to pull them away from me, the watch came up just as accused run. I peddle Spectacles & have lived on Floyd Street about 2 years. I believe it was Cunningham that struck me. Christian Votter lives in same house with last witness, on Thursday night last heard him Knocking at the door & calling his wife then heard him say what do you want

& looked out of my window and saw Livingston & three men at the door & saw one of the men strike Livingston & then run away all three. Livingston & his wife who had been aroused, called for the watch very loud and the men ranaway. don't Know who they were James Shindler, I & Cochranarrested accused. Heard the cry of murder & ran out from corner Floyd & Markt & Saw three men running down Floyd towards main- purused & arrested them. — Jno. Cochran Same as last witness. — Bail each in $300- to answer. —

The above contains substantially the Evidence in the case

Martin Bijur
Atty for Common^th

Chas Miller
Richd. Cunningham
Edwd. Vincore