To B Magoffin Esqr Govenor of the Commonwealth of Kentucky

The Evidence in the case of the Commonwealth against Emanuel Deitz upon which he was convicted and sentenced to confinement in the penitentiary was no substance as follows.

That Deitz was the occupant of a small tennement in Grant County That Landrum whom he shot had on several accasions one through his fields leaving the fence down and his crop exposed that Deitz had forbid him going through his farm — that on the day Landrum was shot Deitz had turned some of Landrams hands with a waggon back and told them they should not go through his fields any more Landrums hands informed him that Deitz had turned them back and had said he should not pass through any more that Landrum upon receiving the information said he would go through and turned his waggon back pulled the fence down draw his waggon in, Deitz went out with his shot gun and ordered Landrum to go back Landrum paid no attention but draw on Deitz got in front of his horses that Landrum still draw on that Landrum struck

Deitz over the head with his whip that Deitz ^after receiving the blow upon the head^ fired his Gun which luck effect upon Landrum making a wound of which he died. this is the version of the matter as givin by one witness whilst another stated that Landrum draw his waggon in the field Deitz came out with his shot Gun ordered Landrum to go back that he drew on Deitz caught hold of Landrums [...] Landrum still draw on that Deitz then shot him that when Landrum received the information that Deitz had turned the Waggon back said he would go through the field or die, that he sent one of his hands back for a Gun which was not procured but that he got some rocks which he said he returned to use to keep the dogs off that Deitz had a wound upon his forehead which he received in the contest with Landrum that after Landrum was shot he got Deitz down and had a knife in his hand and threatened to cut his throat but upon Deitz promising not to to behave himself in the future let him up

E H Smith