In referring to Elias Hatfield and Andrew Varney, your Excellency is pleased to say: "The many affidavits of reliable persons showing that these two men were miles away at the time of the killing of the McCoys induced me to withhold, for the present, the warrant as to them, believing that when your Excellency was made acquainted with the facts their rendition would not be demanded." The indictment accompanying the requisition charges that these two men were present and aided in the killing; this being so, _I respectfully submit that the guilt or innocence of these men is a question which it is not the province of your Excellency or myself to decide_, but one which the court, having jurisdiction of the case can alone rightfully determine. And if, as you seem to suppose, the innocence of these two men can be so easily established, it would seem strange that they have not long before this voluntarily appeared in the court where they stand accused, and which is so convenient to their homes, and in which they might, if such be the case, be triumphantly vindicated against this grave charge. From my knowledge of the enlightened and upright Judge of the court in which they stand charged, I feel assured that they would be awarded a speedy and fair trial; but if they think otherwise, and have fears, either as to the impartiality of the Judge, or as to the prejudice of the community in whose midst they are to be tried, they can, under our laws, not only swear off the Judge, but can, on proper showing, easily obtain a change of venue to another county in which no prejudice whatever exists. Under these circumstances, your Excellency can readily see that they would, in any event, have no difficulty whatever in obtaining a fair and impartial trial.