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Jeff Cir Court
The Commonwealth
vs } Affidavit of Tim King
Tim King
Affiant Timothy King says he is not ready for trial on account of the absence of important witnesses whoes evidence is material to his defense. He states on oath & it true, that he can prove by Wm Millon that on the night that deceased was Killed, that after affiant left the house of Bradlies, that near the door of said house he came up with witness, Millon & walked up water street some distance with him, & after that they returned in the direction of the barracks; affiant going on guard at the barracks con 7th & main, & witness went to barracks no one, Witness was with accused from the time he left Bradlies untill he passed the barracks at 7th & main.
Affiant further states that corporal Hoosier will state & it is true that he was on guard the night that deceased was Killed.
Capt Ward who commanded at the Barracks 7th & main is also absent
Capt Ward will prove that affiant has a good character, & that he was a good & true soldier.
Affiant has been informed that his lawyer caused a subpoena to be issued & placed in the hands of the sheriff for said witnesses. Affiant believes that his witnesses will make statements that will strictly accord with the statements made above, Affiant knows of no other persons by whom he can prove the above facts,
Said witnesses are not absent by the procurement or consent of affiant, & affiant believes that he can get the attendance of all or some of said witnesses by the next term of this court, Affiant does not ask a continuance for purposes of delay but that justice may done
Timothy ^his X mark^ King
sworn to before me this the th of may 1865
A Copy att James P Chambers clk