1

Memphis November 4^th 1840

Sir,

I have the honor of acknowledging
the recpt. of your favor of the 17^th ultimo.

The delay which has occured on the subject of
your letter is to be attributed to the difficulty in
searching after & obtaining sufficent proof
to answer the exact requirements of the law.

There can be no doubt of the guilt of
both [Streeter?] & Root, but unfortunately for
Justice I find that I should not be en-
-abled to sustain the charge before a Jury,
had I been here; And therefore for the
want of sufficent avilable proof. I
am obliged to authorize your Excellency
to take steps to have them discharged
from the prison at N. Orleans.

I am very Respectfully
yr. obt. serv^t
Buckley Kimbrough
by his attorney J. T. [Least? Leath?]
Memphis
Tenn

His Excellency
James K. Polk
Gov. of. Ten.