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Commonwealth
vs } Tried before Examing Com^d & Committed for trial on Charge of Horse stealing
Baxter Merrit & James Goff

On the hearing of the case it was proven substantially

That on the [...] day of November 1862 Frank Mcquillan offered to sell ^each^ to the such defendants a horse, he came to town where they were staying, being absent from their commands on sick furlough, Saccompanied them to his (M^cq's) house, where they remained, while M^cquillen went to an adjoining pasture, brought the horses to his house and delivered them over to defts, who agreed to give him the price agreed upon. The horses were, as it afterward appeared, taken from the lot of Mr. Scott, M^cquillan's brother in law, whose property they were — The horses were taken to Louisville and sold by defts — They were afterwards found and identified by Scott, who obtained possission of one, & the money for the other, Defts had never been at M^cquillan's house before. Tho' they hand known him in town where they met him — It was developed that M^cquillan had repeatedly been

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after them to go out with him to look at the horses and had repeatedly urged them to buy them — M^cquillan has a farm of over 100 acres in this County. has stock of different kinds on it, and his farm adjoined his brother in law's, Mr. Scott — The defts did not know any thing of the property belonging to Scott — They had never been out in that neighborhood — I do not remember the proof as to the price which defts agreed to give M^cquillan for the horses, nor the amount which they received on the sale thereof — My recollection however is that neither were [...] up to the average prices —

It was shown by the defts that they were lawfully absent from their regiments and for Merit it was shown by Mr. R A Browner, with whom Merit had worked that he was a well disposed young man, and had never done anything to give rise to a canvass of his character —

The foregoing is given from recollection of the trial which took place several weeks ago —

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I will add that so far as I have been able to learn Merit has been a good soldier — Altho' not well acquainted with him, I have been favorably impressed in regard to him — I did not know Goff, but from what I saw & have heard, believe him to be a weak man, easily imposed upon by others, and destitute of that sharpness & cunning to make a ma rascal —

Neither of them have the means to pay counsel for their defence — What is done for them is for charity. Goff has a family, entirely dependant upon him — Merit is a well disposed young man, not of bad character, and will do good service as a soldier — He has always been kind to his mother who has a large family — Kind to his sisters, and always aided them in obtaining a living.

James Harlan Jr.
Frankfot DecJan 1^st 1863,

Statement on behalf of Baxter Merit & James Goff

Jacob Swigert examing Judge informs me jury neither on Which judgt entering in was resident — They ought to pass before jury — Pettn refused

J F R