Commonwealth of Ky
vs } Affidavit for New trial
Phil Metze.

This affiant Phil Metze states that he was not present when he was tried at the present term, and that he had no attorney present, he had not employed an attorney, and had never had been indicted before and did not know that it was important to have one, indeed he had been informed that it was not necessary No one was employed by him, nor in any manner authorized to speak for him on the trial. Affiant was in Court but a few minutes before the trial, and while the trial went on was accidentally absent, and when he came in the trial was over. Affiant files herewith as part of this the affidavits of J Harvey & A J Francis, & states, that the facts they know, were for the first time communicated to him, by them Since the trial, he did not known ay witnesses by whom he could prove those facts or any facts that

would have availed him in his defense. J Harvey lives about Six or Seven miles from the residence of Affiant. A J Francis lives in Covington where affiant lives, but said Francis had not said one word to affiant about the matter since it took place.

The difficulty occurred so suddenly that persons standing around even could not tell whose was the weapon, even Jacob Metze the brother of affiiant could not tell anything about the ownership of the weapon Affiant does not know the man by sight from whom he took the weapons, but he has heard that his name was Mat Hunt. Affiant brought the Billy away with him & at the time showed it publicly to all around, so that all saw affiant have it, but, they did not see how affiant came by it.

Affiant took no Billy or other weapon with him, and never owned or carried one; this one he took from that man, on that day,

just after he had struck the brother of defendant affiant with it, and Affiant did not know that said Harvey or any one else had assisted him to get said weapon

P Metz

State of Kentucky
Kenton Kentucky } S. S.

Sworn to before me by Phil Metz this 27^th day of December 1860

Joe M. Kennedy
Examiner Kenton County

A Copy Attest

N. B. Stephens clk
By J, M, Blackburn D, C

Commonwealth of Kentucky
vs } Affidavits for new trial —
Phil Metz —

These affiants J Harvey & A J Francis state that they were present at the Drover's Inn on the first Monday in August last, at the time the offense for which Phil Metz was at this time of the Kenton Circuit Court tried & convicted,

A man to us unknown drew a weapon called a Billy or Slung Shot & with it had just struck or was in the act of the striking Jacob Metz the brother of Phil when Phil ran in to the parties and seized the weapon in the hand of said man with the leather handle then around and attached to the wrist of said mans hand; Affiant Harvey seized the hand mans arm and held it while said Phil Metz took it from the wrist of said man; and said A J Francis who is a Constable was then present keeping the peace, & saw the above named weapon taken from said man by said Phil Metz and this these affiants state is the weapon thus seen in the hand of said Phil for which he was fined for carrying, or having in his possession. Neither of affiants had communicated these facts to said Metz at the time of the trial, and so far as affiants believe said Phil did not know that these affiants of either of them knew the facts herein