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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
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
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