John Butler & Reubin Butler state, that they are sureties in a bond for the appearance before the Russell Circuit Court of John Patterson, charged with Felony as stated in their petition to Govr. Robertson. They state that they are informed & belive that the said Patterson is dead they having recd. direct information to that effect from the brother in law ^of S. Patterson^ James Smith of Overton County Tenn. where the death occured. They cannot procure the testimony of said Smith, he being in the Military services of the united states & his particular Regiment & whereabouts unknown. all reports coroborate Smith but his is the best evidence of the fail now in their power. They cannot with any safety undertake a trip to the place of his death nor can they send for want of mails or any other mode known to them

August 3^rd 1863
John. H. Butler.
Reben. Butler.

This day personally appeared before me S. P. Collins presiding Judge of the Russell Circuit County Court, John Butler & Reubin Butler & made oath that the statements in the above affidavit over their signatures are true to the best of their knowledge

August 3^rd 1863.
S. P. Collins P J R. C. C

Gov^r Robertson, D^r Sir, although we have no doubt of the death of Mr. Patterson; yet it is out of our power these times to furnish better proof. No prudent man would risk a trip through the dangers of the border for the amt. The country is constantly infected with guerrillas & thieves & murderers. I hope you will relieve us on these affidavits. We could procure many such but none better at this time. I feel such the case merits your clemency. Respectfully Please reply to me.

Joseph E. Hays