In the case of the Commonwealth of Ky. agaisnt [...] Hurt in the Kenton Circuit Court at Covington at the June term of 1861 — The following was substantially the evidence in said case — A Young man by the name of Floyd entered the entered the [...] store of Dr Spillman and bought a small & cheap article, and offered a five dollar bill on a New York Bank — M^r Uhe the clerk, proposed to give him the change, after comparing the bill with his Articles. Not having change enough he went into an adjoining store to procure it, leaving the young man Floyd in the store alone, Hurt was not present, nor seen by M^r Uhl — the note was pronounced bad, by one or two gentleman, When Uhl returned, to the Drug store & informed the young man who protested he did not know it, that it had been given to him as good money, and that he would take it back — After Floyd left the store, it was suggested as the young man was a stranger, he was suspicious, and ought to be arrested — he passed on down the street for several [squars], when several Gentleman followed — he turned from his main course, and was in a short time arrested together with Hurt in

company with him. where the Gentleman who arrested came up to them Floyd undertook to [...] the arrested person. leaving Hurt in the street. they cought Floyd conveyed him to jail, and got the five dollar before spoken of — Some Gentleman there met after Hurt, having seen him with Floyd — They met him near the Newport & Covington Bridges. ascending the Hill from the River, he was arrested and came to jail without any effort to escape — When at the Marshalls office near the jail he was examined and on his person was found some ten or fifteen dollars no good money, and one five dollar bill [...] & proven to be counterfeit. He declared he was not guilty, had not made an effort to pass any counterfeit money, did not know he had any. There was no proof that he made an effort to pass any money, none whatever, and the only thing fixing guilt upon him was his company with Floyd — and having the five dollars bad Money — There was no evidence he had it knowing it to be bad, or with the intention of passing it now in

the world — and the chances are that he was not guilty —

This comprises the substance and entirety of the evidence — and thus given as remembered by me as counsel in the case for Hurt —

I would ask for the sake of his Mother and friends who have importuned me in his behalf, that Executive clemency be exercised in his behalf — and that he be released and returned to his mother and family —

Respectfully Submited
G. Clay Smith

Commonwealth of Ky
vs } Evidence in the Case — — Hurt