Commonwealth of Kentucky
against } Affidavit.
James Shackelford

This Affiant Matthew Simonis states, that he was upon the ground at the time that George Divine is said to have been killed by James Shackelford who is now confined in the State prison. That upon that day there had been a Barbecue a short distance below the place where the difficulty occured & late in the afternoon this Affiant with several others Shackelford among the number started home. — they were followed by the Divines up to a grocery store kept by John Hale which was on thiers direct road home. — it was here that the difficulty took place and was commenced by the Divines & their friends. This Affiant did not see Shackelford do anything or hear him say anything calculated to bring on a fight, but from all that he saw is satisfied that the difficulty was forced upon. Shackelford, He did not see Shackelford strike or stab any anybody. He further states, that he saw Jacob Claunch who was the chief witness for the Commonwealth down at the Barbecue & left him there when he started home. that he did not come up ^with^ the Divines & their party to the grocery nor did he see him upon the ground at all where the difficulty

occurred although he had a good opportunity of seeing him had he been there,

Matthew Simonis,

State of Kentucky
Mercer County To wit.

This day personnally appeared before the undersigned, Presiding Judge of the Mercer County Court. Matthew Simonis and made oath that the statements contained in the foregoing Affidavit were true to the best of his knowledge and beleif.

Given under my hand this 9^th day of June 1862
Chr Chinn P J M C C

Commonwealth
aganst } Aff.
Shackelford