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Defendant started to go off afoot & ^as if he was going home^ witness called him back. that after daylight when they went to the stable that Defendant said the mare there was not the one he rode. that his mare was a black one. That he took Deft and the Mare to Esqr Hay's when he found Stiner one of the men whom Samuels had sent in pursuit of Deft -- who took Defendant back to Clinton -- That he does not believe Deft is a man of good sense but beleives he posseses mind enough to discern right from wrong -- witness lives about Eight miles from Clinton on the road to Mayfield_That when he carried Deft to Hay's he acknowledged that he bought the mare from Clinton said he found her loose & took her & lead her apeice & then wal^ked it to his house^ John M Stiner testified that he went in pursuit of Deft and was at Hays when Firtner brought Deft there & he took him & brought him to Town & bought the mare back
John Aiken being sworn testified that he saw Defendant pass through Clinton leading Samuels Mare That Deft called to him and Enquired for a man named Russo that Witness told him there was a young man living in Wooldridge's store by that name that the store was first behind him Defendant said hell and passed on through town -- he passed between Sundown and dark nearer dark than sundown --
Evidence for the Defendant
Robert Harper being sworn that on the evening the Deft took the mare he saw him passing by Ray's (about half way between Samuels and Clinton) leading the mare That witness was at the gate fifteen or Twenty yards from the road that Deft called to witness and asked him if the mare was his Witness told him no he then asked witness who she belonged to and witness told him he did not know Defendant then said he would take to her to him and leave her -- this was a little after sun down --
TheHickman Equity & Criminal Court
The Commonwealth of Kentucky
vs
Thos Goins
On the trial of this action W M Samuels was sworn and testified that a few weeks since he rode his mare home from Clinton and carelessly hitched her at his gate that this was about sun-down. that a few minutes after and between sundown & dark Defendant came to the door and wished to buy ten cents worth of supper that witness gave him twenty five cents and told him to go on to Clinton and get his supper at a Hotel. That sometime after dark he discovered that his mare was gone and that he went to town and learned that a strange man had been seen leading her through town that he got some men to go in pursuit of the man That witness lived about half a mile
Thereupon Firtner being sworn testified that a few weeks ago Defendant came to his house one night about an hour after dark that he was acquainted with him & asked him to stay all night and Defendant the mare stabled and stayed all night
That night he told witness that he had been to Arkansas and had entered some land and traded the same for a horse and had traded the horse for the one he was riding. That afer Deft had been there an hour or two some men stopped and asked if a man had passed there & one of the sons of witness informed them that no one had passed and they went on And that after this Deft did not seem inclined to talk further about the mare that about three oclock the next morning Deft got up and went out and witness beleiving he intended to take ^the^ mare off called him back and made him go to bed again. When he called him back he said he was afraid the mare would get out & had got up to see about her -- that he got up again about day-light & wished to go but Deft Witness Detained ^him^ That witness knew the mare and knew she belonged to Samuels --
Jackson Thomas being sworn testified that he had known Deft from his childhood That he had always labored under a very great lack of mind That at some times witness did not possess sufficient reason to discern between right and wrong That he had no permanent home and wandered about the country from place to place That he would some times work a little but was generaly supported by his mother and brother-in law That some times he was better & had more reason than at other times but was never regarded as a sensible man. that some times he was pretty shrewd That witness lived in the neighborhood where defendant was raised and generally staid that he was not related to Defendant
Watson Testified that he had he had known Deft from his childhood That he did not ^at sometimes^ posess sufficient reason to know right from wrong -- Some times he was better but never had good sense That when he was a boy he would run-away from home and that his mother would have to hunt him up & take him back this occured frequently. That he lived in the neighborhood where deft was raised & generally lived.
Rodgers being sworn testified that he had known defendant Ten years That he does not possess sufficient reason ^at times^ to know right from wrong that he lives in the neighborhood the Graves County where Defendant was raised and generally lives & in the neighborhood where Defts mother lives That Deft wanders about from place to place and has no permanent home That Deft was sent to school some where ^witness only knows of his going to school a week^ a boy but but did not learn anything that he some times works some has worked a little for Witness but will not work steady and is generally supported by his mother & relativess -- That Deft about six weeks ago started to go with Tucker to Arkansas & was returning home when arrested --
Youn Tucker being sworn testified that he had known Defendant from a child never had good sense some times did not have sense enough to know right from wrong That he