Barren Circuit Court
Commonwealth Plaintiff
against }
Albert Stumbergen Defendant

Joseph Peck sworn states that his son lost horse in [...] 186 [...] on Friday night at meeting That on saturday witness & son saw defendant who told them that the evening before near night he saw a negro who inquired the way to the meeting & also said he was going to Gallatin on Sunday witness & son found horse about 1^1/2 miles from where he was taken & near the same distance from defendant hid in the brush. They collected some 6 or 8 men concealed themselves near the horse & watched in the evening defendant with some corn in his arms in company with a man by the name of James came near where said horse was saw some of the party & spoke to them witness came up & said to defendant Albert I did not think that you would have treated me so defendant replied I did not steal your horse Jo. but a young man (Campbell) got me to come & feed him, he having eat nothing since Friday night as he said Defendant was immediately arrested

Peck being sworn stated that he rode his horse to meeting met defendant who lived 1^1/2 miles from the meeting between sun set & dark about half way between meeting & home- defendant was going in the direction of home. That his horse was gone when he came out after [...] which was Friday night 186 [...] That he & his father met Defendant next day who told them he met a negro after he saw witness who inquired the way to the meeting & said he was going to Gallatin

That witness & his father found horse on Sunday morning hid in a little hollow 1^1/2 miles from where the meeting was & about same distance from defendants. That they collected some 6 or 8 neighbors waited until evening about one hour by [...] Defendant came with some corn in his arms in company with a man whose name was Jones, near where the horse was, saw Lee s^d & spoke to them witness drew a gun & halted him witness father came up & said Albert did not think you would

treat me so, defendant said I did not steal your horse, a young man got me to come to feed him, he says he has had nothing to eat since Friday defendant was then arrested

R. M. Lee

He was concealed near the horse on Sunday evening, when deft came with corn in his arms in company with Jones, saw witness & spoke to him, was halted by Jacob Peck, said to Jo Peck I did not steal your horse I came here to find him for a young man, does not recollect whether defendant said waht young mans name was, Deft was immediately arrested

James Payne & William Payne
made the same statements that Lee made

Combs

Sworn stated that he resided in Allen County, that on the night the horse was stolen, he arrived at defendants about 15 minutes after dark, defendant was then there & was not away at any time until 10 Oclock next day when witness left leaving defendant at home.

Barren
Commonwealth
vs } Evidence
A. Stumbergen