The Commonwealth of Kentucky, County of M^cCracken Sct

The Grand Jurors of M^cCracken county and State aforesaid duly empanneled Sworn & charged at the July term of the M^cCracken Equity & Criminal Court 1860 to enquire in and for the boady of Said county upon their oaths present & say that J H Powell yeoman of said County on the 20^th day of July 1860 in the county & State aforesaid one carpet Sack & contents, thirty two dollars in Gold coin of the United States of value of $32⁰⁰ twelve dollars of Slilver coin of the United States of the value of twelve Dollars, one current Bank Bill on the Bank of Lawrenceburg of the Denomination of $20⁰⁰ of the value of twenty Dollars, one Kentucky Bank Bill of the Denomination and value of $5.⁰⁰ and other bank bills in all one hundred & Seventy four dollars then & there being in said carpet bag, which Bag was of the value of $1.⁰⁰ & one cloth coat of the value of $10⁰⁰ one shirt of value of $2.00 all the property of J D Gardiner. Did feloniously take & cary away and steal from the posession of said Gardiner & against the Statute in such cases made & provided and against the peace & dignity of said Commonwealth

Comlth of Ky Plff
agst }
J H Powell Deft

The defendant filed affidavit for continuance & motion overruled —

Commonwealth of Ky
vs } affidavit
J H Powell Deft

The affiant J H Powell States, that he is not ready for trial at this term, because of the absence of material witnesses — He Says that he expects to prove & can prove by W^m R Johnson & R Whitney J J Whitney & Doctor Butt T W Mede, E A Mede H Fry of memphis Tennessee, that Just before affiant came to Paducah Ky. he was a resident of memphis Tennessee, and that affiant had a long & severe spell of sickness, which impaired his mind and was for a while without reason & deranged, that he left Memphis sick, landed at Paducah Sick, and affiant Says that if any offense was committed by him it was done when laboring under a temporary insanity, caused by his memphis sickness, that he has been informd that his witnesses aforesaid have agreed to be here this court but they that they have not yet arrived & affiant can not Safely go into trial, without them, that he has used due diligence by

writing & by Sending for them, that he believes he can have them here at the next term — That he can prove by said witnesses & by Wm W Coleman B Whitney & T N Meade & Q Thayer also of memphis Tennessee, that they have known affiant for years past, Know his general character among his neighbors & acquaintances, that affiants' Character is good for truth & honesty — and affiant further states that the four last named witnesses have given written certificates of affiants Good Character, which are here filed & made part hereof marked A & B — That affiant believes he can have said witnesses here by the next term of this court — That affiant has been closely confined in Jail Since Last term and has used all the diligence he could, by letter & otherwise to get his witnesses here That his witnesses are men of business, and as affiant is informed manifested a perfect Willingness to come up to court; if they could ascertain at what precise time the case would be called for trial in order to avoid too much loss of time from business, and affiant says that the Jailer of this county gave them information that the case would not be called until after the first week of this term — That the

The foregoing testimony is true and this application is not made for delay but that Justice be done —

J H Powell

Sworn to before me by J H Powell this 12" day of Jany 1861

John Q A King
N A Public

A Copy Attest
B Small clk
T T Ewell

Commonwealth
vs } Copy Jud^t. & affd^t.
J H Powell