Jefferson Circuit Court
The Comwlth
vs } On Indictment for a Misdemeanor
Jeff. Rogers &^c

The deft, Jeff Rogers, states that John Warner is a material witness for deft. on the trial of the above case, that he can prove by said Warner, & it is true, that this deft. did not committ the assault charged in the indictment that said Warner was present at the time the party charged to have been assaulted, was assaulted & witnessed the affair, affiant knows of no other witness by whom he can prove the foregoing fact

Affiant states that at the time a day was set for the trial of the above case, he at once had a subpoena issued for said Warner to attend as a witness in his behalf on the trial of this case & immediately caused said subpoena to be placed in the hands of a deputy sheriff of this Court to be served but said subpoena was returned "not found" & when another day was again set for the trial of this case, affiant again had a subpoena renewed accordingly for the afs^d witness & immediately delivered it to a deputy sheriff of this Court to be served Executed — Affiant states that said Warner resides in Louisville Ky, and his place of residence was & is known as he believes, to the officer who had said subpoena, Affiant states that he has used due dilligence to procure the attendance of s^d witness on the trial of this cause & he cannot safely go to trial without having the benefit of his testimony and he believes he can procure his attendance by the next term of this Court He therefore, asks a continuance of this case that he may have a fair trial, & not for the purpose of delay

May 13. 1862
Jefferson Rogers

Subscribed & sworn to before me May 13. 1862
Att Jas P. Chambers cl

A Copy Att James P Chambers cl by Lee Chambers D. C.

Comwlth
vs } Copy of Affidavit
Jeff. Rogers &^c

fee 25 cts paid