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Caldwell Circuit Court
To wit follows the answer of W McChesney filed & noted in open court th 1865
The defendant A W McChesney for answer to the sumons on forfeited recognizance against him says, that said R. W McChesney for whose appearance to answer the indictment mentioned in said summons was about the cChesney into the confederate army. and by threats of death if he abandoned the same. and he was thus forcibly detained in said service by such threats & c until he was taken by said confederate officer to the state of Alabama where he was captured by the federal soldiers, and made a prisenor about the cChesney was recognized to appear and answer the charge in said indictment. he was still a prisoner in fort Delaware, and could not be present to answer said indictment according to the condition of said recognizance
as he intended and desired to do, and he says said R W McChesney was conscripted by the public enemy of the united states government, without his consent and against his will & against the consent and will of this respondant, and that in consequence of said conscription and imprisonment without the fault of said R W McChesney or this affiant he said R W McChesney was unable to appar in discharge of said Recognizance, wherefore he prays to be hence dismissed &c
A. W. Mc.Chesney.
A Copy attest J C Barnes clk
By F. W. Dabney ,,D C,,
To wit follows the amd ans of A W McChesney filed & noted in open Court th 1865
The defendant A W McChesney by way of amendment to his original answer in response herein says, that said Walter R McChesney for whom he was bail as stated in his original answer was anxious and intended to be present at the time of calling of indictment against him as stated in his original answer, but was prevented in the manner as therein stated, that immediately after his discharge from fort delaware he started for his home in Caldwell County Kentucky with the intention of submitting himself to the trial of said indictment at the earliest opportunity and that he came as far on his way home as the County of Union some 40 miles from Princeton Ky. that he arrived in Union County about the th day of June 1865
had been perpetrated in the vicinity of his home, and that there were bands of lawless men associated together for the purpose of murdering persons of his belief and said W R McChesney believing at the time that if he returned home to Caldwell County, that his life would be greatly endangered, and probably lost, and through fear of his life, and by advise of his friends he crossed west of the Ohio river where he still remains on account of the fears he then and now entertains as he does verily believes, he says that he does believe that said W R McChesney would have been present at the present term of this Court to submit himself to trial on the indictment against him, but for the fact, that he was at the time and still is afraid of his life if he were to return to Caldwell County, He says he received from said W R McChesney a letter to the effect above stated dated cChesney in the County of Union, and he says that he believes it to be true that said McChesney was at that time on his way home with the view of meeting said indictment, and would have done so but for the fears of his life which he then and still entertains, He further says, that it is true that several persons in the vicinity of said McChesneys residence had shortly before the date of said letter been murdered by lawless bands of men within 10 or 20 miles of his residence, He says=
he does believe, that said W R McChesney was kept away at the present term, and is still kept away by the well grounded fears of his life that he then and still entertains, Wherefore he prays as in his original answer.
A W McChesney
A Copy
Atteste J C Barnes Clk
By F. W. Dabney D C
Towit follows the answer of Alfred Beckner filed & noted in open Court th 1865
The defendant Alfred Beckner for answer to summons on forfeited recognizance against him says that said R W McChesney for whose appearance to answer the indictment mentioned in said Summons was about the cChesney into the confederate army and by threats of death if he abandoned the same, and he was thus forcibly detained in said service by such threats &c until he was taken by said confederate=
officer to the State of Alabama, where he was captured by the federal soldiers and made a prisoner about the cChesney was recognized to appear and answer the charge in said indictment, he was still a prisoner in fort Delaware, and could not be present to answer said indictment according to the condition of the said recognizance as he intended and desired to do, and he says said R W McChesney was conscripted without his consent & against his will, by the public enemies of the government of the United States, and against the consent and will of this respondant, and that in consequence of said conscription and imprisonement without the fault of said R W McChesney or of this respondant he said McChesney was unable to appear in discharge of said recognizance. Wherefore he prays to be hence dismissed &c
Alfred Beckner
A Copy atteste J C Barnes
By F W Dabney D C
To wit follows the amd ans of Alfred Beckner filed & noted in open court th 1865
The defendant Alfred Beckner states by way of amendment to his original answer, that Walter R McChesney for whom he was bail as staed in his original answer was ancious and intended to be present at the calling of the indictment against him as stated in his original answer, but was presvented in the manner therein stated, That immediately after his discharge from Fort Delaware he started for his home in Caldwell County Ky with the intention of submitting himself to trial on said indictment at the earliest opportunity, and that he came as far on his way home as the County of Union Ky some 40 miles from princeton Ky, that he arrived in Union County about the th day of June 1865cChesney believed at the time, that if he returned home to Caldwell County, that his life would be greatly endangered and probably lost and through fear of his life, and by advise of his friends, he crossed west=
of the Ohio river whence he still remains on account of the fears he then and now entertains as he does verily believes, He says he does believe that said McChesney would have been present at the present term of this court to submit himself to trial on the indictment against him but for the fact, that he was at the time, and still is afraid of his life if he were to return to Caldwell County, He says, it is true that several persons in the vicinity of said McChesney's residence, that is within 10 to 20 miles had shortly before that time been murdered by lawless bands of men He says he does believe that said McChesney was kept away at the present term, and is still kept away by the well grounded fears of his life, that he then, and still entertains, Wherefore he prays as in his original answer.
Alfred. Beckner,
A Copy
atteste J C Barnes Clk
By F W Dabney D C
Caldwell Cir Ct
vs
R W McChesney $1500
Forfeiture
Comlth
Beckner } Copy ans & amd ans
Same
& Beckner
for $300.
Forfeiture
A Copy
Remit
th Jany/66
fee $1.75