James Roberts jr is Indicted for the murder of W^m Mayberry in The Henry Circuit has been admitted bail but being poor and unable to give security is now in Jail at New Castle. The Evidence in his case is in substance this. Roberts had been absent from his home in Henry County as a soldier in the 54 Ky Command by H M Buckley about one year save a few visits on leave on leave to see his wife and Parents. During this absence He was informed by John Withers that W^m. Mayberry and others had said that he Roberts should be killed when he returned from the Army and that Mayberry said if no one else would kill him he would. Roberts was discharged honourably from the service in the fall of 1865 and returned to his family. Shortly afterwards he went to a Horse race at Blacks tavern in Henry County deeply intoxicated Mayberry & Roberts there met. Having been raised boys together and always been friends. They met that day as friends and made a small bet of 25cts Each on the race & put the money in one Kellys hands as stake holder Roberts whent ^he went^ to this Race had with him a small self cocking Pistol about 6 or 8 inches long and having been previously told by Harrison Roberts that this was an

an unsafe and dangerous weapon & that if he carried it about him he would either kill himself or some one else, as soon as he arrived at Blacks Tavern he went to the House and had the pistol put away untill he was ready to go Home_ The race was run and Mayberry won the bet made with Roberts. Shortly after the race Roberts went to the House got his pistol and started home. Kelly who held the stakes called to Roberts to come back, that he (Roberts) had put up more money than he bet & he (Kelly) wanted the matter fixed up right_ Roberts then returned to the crowd of some twenty or thirty men where Kelly was and then met Mayberry_ Mayberry and Roberts immediatly got into a quarrel about the bet. during the quarrel Mayberry came very near to Roberts and stood with his hands in his pockets and said to Roberts I never stake ten cents and you cant scare me. Some other words passed when Roberts still having his pistol in his hand, brought the pistol round in front at him and taking hold of the pistol in both hands attempted to push Mayberry away from him. Such at the time of this push the pistol fired killing Mayberry. Roberts swears that Mayberry had fallen & having ^been^ told by Harkins a constable present that Mayberry

was dying or dead Burst into tears and said he did not intend to hurt Mayberry and others expression of deep reget and asked Harkins to take the pistol and kill him. Roberts was still drunk and continued so for some Hours afterwards_ The proof is that Mayberry was a clever peacable sober young man - and that he and Roberts had up to that time been good friends The proof also is that Roberts is also a clever very industrious and peacable young man. Except when drunk this has only hapened three or four times dury his life and then when drunk he is wild and delarious ^delarious^ and does not know what he is doing. John James a witness stated on this point that while with Roberts in the army he had seen him drunk once or probably twice & when so was wild & did not know what he did. That he was present & said Mayberry killed and that Roberts was so drunk we believe he did not know then what he was doing. Roberts has a wife and child and an aged Father & Mother all very much dependant on said James Roberts jr for a living. The old Man Roberts & this son own a small farm in Henry County of poor hilly land worth about $1000 on this the family can make a living

with the assistance of James Roberts jr Unless he gets out of Jail very soon no crop of any importance can be made as his father the only hand is seventy years of age- with his sons assistance the old people as well as the wife and child of Roberts can be supoorted. The wife is wholly dependant on her Husband for a living under these circumstances we ask that your Excelency will pardon the said James Roberts_

C M Masters

The above is a correct statment of the proof in the Main_ And I know that John Withers who is now dead would have proved & stated what has been said of in the Just part of this statement. I have frequently talked with him & he would most unhesitatingly had proven it. John Withers was a client of Mine & knew Roberts & Mayberry well_ He is now dead having died this year in Taylorsville Ky_ These Statements I make from personal Knowledge

Walter C. Whitaker