Commonwealth of Ky Plaintiff
vs } Affidavit
Patrick Spielman Defendant

The affiant James Quidd states that — he is a resident of Smithland Ky and is intimately acquainted with the accused Patrick Spielman and never knew aught against him until he was charged with Committing rape upon the person of Mrs. A. E. Wilburn on the 11^th day of April 1864 in the afternoon about 2 or 3 oclock. The affiant Quidd further states that he saw and was with Patrick Spielman in the town of Smithland on that evening and that he was not at Mrs Wilburns — for she resided one mile and a half from town at that time keeping a disorderly house. The said Quidd further states that he generally stayed at the house in which he boarded when he was in town and that Spielman always deported himself as a Gentleman. The Affiant James Quidd further avers that ever since he has been a citizen of Smithland Mrs Wilburn bore the reputation of a Common strumpet wandering about the streets in the Company with other noted strumpets and has seen her frequently in drink-

ing saloons accompanied with other base women and that she has been ordered out of town time and again by the various commanders of this Post. and taking into consideration all he knows in reference to said charge and the Parties he believes Patrick Spielman innocent and Entitled to be set at Liberty — having laid in Jail some four or five months — and no prospect of a trial for six months to come as W, P, Fowler Cir Judge having been arristed and ordered to Louisville a few days before the sitting of Court — and the said Mrs Wilburn being the only witness to appear for the commonwealth will not be present, having been ordered away by the present Commander of this post Major Peck said Spielman is a poor man and no means of giving bail,

James Quaid

Sworn to before me this the 17^th day of August 1864 by James Quidd.

W Beverly J P

Livingston Cir Ct
vs.
Patrick Spielman

This case I deem an exception to the rule and do not think this man should be longer confied although he has had no trial —

The offence pardoned
T E Bramlette

8^th Sept/64