At the October Term, 1844, of the Ci[rc]uit Court for , two were found against , , , Wm. N. Grover, , John Wills, William Voorhes [Voras], — Allen and — Gallaher; [o]ne for the murder of Joseph, and the other for the murder of . These being brought into Court, the five first named Defendan[t]s asked of the Court an immediate trial; but Murray McConnell [McConnel], the Agent of , who had been very busy during the Term on endeavoring to influence the action of the Grand Jury, stated to the Court, that if the Defendants entered their appearance and insisted on an immediate trial, he should be compelled to make affidavit, that on account of the absence of witnesses, the People could not safely proceed to trial. The Court said that if such affidavit were made, a continuance of the cause would be granted: and, therefore, the Defendants declined to enter their appearance. As [page damaged] [some?] [r]elief to the Defendants, however, the said McConnell agreed with the Defendants’ counsel, that if the Defendants would agree to appear voluntarily at the next May Term of the Court, no warrant should issue during the . This was assented to. But notwithstanding, about five weeks after the adjournment of the Court, this same McConnell filed in the office of the Clerk of the Circuit Court, an order for the issuing of writs against the Defendants, . The writs were accordingly issued; but the never was allowed the opportunity to serve them.

The May Term of the Circuit Court commenced its sitting on Monday the 19th. At the opening of the afternoon session of the first day, the five first named of the above Defendants, appeared in Court, and through their counsel stated that they were ready to enter into for their appearance from day to day during the Term. This being agreed to on the part of the , the Defendants accordingly entered into recognizance the one for the other in the sum of $1,000 each. The trial was then set for Wednesday the 21st, on which day the Defendants appeared in Court, and filed their affidavit that the County Commissioners, who selected the array of jurors for the week, were prejudiced against them, and had selected said jurors with a view to prevent a fair trial in their case. They also filed another affidavit, that the and his deputies were, on account of prejudice, unfit persons to select the talesmen [talisman] that might be required; [p. 1]