Memorandum of Evidence in the case of the Commonwealth vs William Timberlake in the Jefferson Circuit Courts:

Mr E C Bright stated that He lived in the County of Henry, and that there was stolen from his Stable on Saturday night last two horses, one was a chesnut sorrel horse worth $150. The other was a brown mare worth $100. The property of Jno M Thornton. He missed the horses about 10 oclock at night. Found the horses in this city a day or two ago: his horse at Moody's stable and the man in the stable at the Shelby house — M^r George Moody. Says He keeps a Stable in this City, knew Bright & Thorntons horses, had learned they had been stolen; On sunday morning last saw a man in possession of Brights horse. I arrested the man & accused came up & Said He Knew the man, who had Bright's horse, that he was present when the man got the horse. I then went to the Shelby house & found the man; I understood that the name of the man who had Bright's horse was Patrick Nolan. The man Nolan got away from me.

Mr George M Yager. says that either Sunday or Monday evening last two young men came to the Shelby house & put up two horses, one a chesnut sorrel horse, the other a Brown mare, accused was one of the men & he thinks had the brown mare in his possession, she was put in the stabled. accused

and the other man staid till the next day & then left I think accused went to the stable with the servants when the man was taken there, when the man left the other man rode the chesnut horse away & Some after I saw M^r Moody bringing the horse back to my house - Mr Bright took the Brown mare from my house:

E C Bright (recalled) On Saturday evening last, I saw accused in Eminence where I reside I understood that there was another man with him but I did not see him, heard accused enquire for a place to stay all night - accused came to Eminence in the cars, I was in the Cars and got off at Eminence

George Moody (recalled) He was in the Cars Saturday evening from Louisville to Eminence - got off at Eminence while on the Cars saw the man (whom I afterwards saw in Louisville with the Chesnut sorrel horse) saw him talking with a young man, dont know that accused is the one; the man spoke of going from Eminence to Shelbyville-

W^m Mills- Tuesday morning last saw M^r Moody in pursuit of a man who was riding a chesnut sorrel home; I stopped the man & Moody came up, and he and I had a scuffle and Timberlake came up in the time, and took hold of me and pulled me away from the man, the man got loose, and He and Timberlake started off together, & I pursued them and accused drew a pistol & tried to keep me off & drew his pistol, but I arrested him: When accused

(Timberlake, first came up He said he knew the man who. I and Moody was tryin to arrest, that He was a son of Allen Snooks of Shelby County

Alex Cross, (Watchman) I arrested Timberlake upon information given to me by Mills;

A D Martin- saw accused in Eminence on Saturday Evening last about 6 Oclock There was another man that seemed to be in company with Timberlake, He was inquiring when I saw him for a place to stay all night-

Jas M^cMahan saw Mills trying to arrest a man, & Timberlake came up & interfered - saw him follow Mills & Swear that Mills should not follow the man, & picked up two rocks to throw at Mills - saw him also draw a knife - then saw him take hold of Mills & Swear he would shoot his head off, if he followed the other man further we were all going along the streets which this occured. Mills finally arrested Timberlake and he was handed over to Cross. (Watchman)

The above is substantially the evidence as deposed in the examining ^& in the circuit^ court in the case of William Timberlake

J R Dupuy
Com. atty
7^th Judical District

William Timberlake
To } Petition & Memorandum of Evidence
The Gov^r of Ky