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State of Illinois Tazewell County } SS

Benjamin Kellogg, Jr. the defendant to a certain indictment of a supposed forgery, pending in the circuit court of the county aforesaid, being first duly sworn, state, on oath that he cannot safely go to trial at the present term because of the absence of Thomas Baldwin, James Herriott, James W. Finley, and Frederick W. Leonard, who are material witnesses for him, on such trial; that on such trial, he expects the prosecution will only attempt to prove against him the alteration of a genuine instrument, which instrument is now lost, and will not be produced on the said trial; that aff? expect to prove by said witnesses that they have some experience and skill in the examination of writings, that they examined said instrument since the supposed alteration of it, and that, on their opinion, there has been no alteration of said instrument since its original execution — that although there was an indictment pending against him for the same cause, at and since the last term, he was informed and did believe that said indictment, with the original instrument, had been abstracted from the clerks office, and would not be procured at the present term; and that he therefore, did not know in what shape the charge would be followed up against him; and did not know how to prepare himself for the trial; that he expects to make similar proof as above by other witnesses, but as he expects a conflict on the point, he deems it unsafe to go to trial without all his witnesses — that said Finley resides at St Louis; said Baldwin, at Peoria, and said Harriott and Leonard at this place, but all are about at this time and aff? expect to procure the attendances 0002 at the next term; and that this application is not made for delay, but that justice may be done —

Subscribed and sworn to before B. Kellogg me in the open court this 7th day of October A.D. 1854 J. A. Jones Clk G. P. Fowles Deputy