Declaration in Bagley v. Vanmeter, October 18431
| State of Illinois | } |
| Coles county | ss–[scilicet] |
Of the October Term of the coles county circuit court in the year A.D. 1843–
James H. Bagley, plaintiff, complains of Isaac. D. Vanmeter, ^defendant,^ being in custody &C[etc.] of a plea of Trespass on the case– For that whereas the said defendant, heretofore,
towit on the day of May in the year of our Lord one thousand, eight hundred and fortythree at the county aforesaid, in the presence ^& hearing^ of divers good and worthy citizens of the state of Illinois,2 of
and among
the
said
plaintiff,
did willfully, maliciously and falsely, speak, utter and publish, ^of, and concerning the said plaintiff,^
the following false, malicious, and defamatory words, that is to say–
“He” (plaintiff meaning) “swore a lie”– “He” (plaintiff meaning) “swore a damned lie–”
“He” (plaintiff meaning) “swore a lie, and I” (defendant meaning) “can prove it” “He”
(plaintiff meaning) “swore a damned lie, and I” (defendant meaning) “can prove it”–
And whereas the said defendant also, afterwards towit on the day and year aforesaid, at the county aforesaid, in the presence and hearing
of divers other good and worthy citizens of the state of Illinois, did wilfully, maliciously
and falsely speak, utter and publish, of to, and of and concerning, the said plaintiff, the following false, malicious, and
defamatory words, that is to say— “You” (plaintiff meaning) “swore a lie” “You” (plaintiff
meaning) “swore a damned lie”– “You” (plaintiff meaning) “swore a lie, an I” (defendant
meaning) “can prove it” “You” (plaintiff meaning) “swore a damned lie, and I” (defendant
meaning) “can prove it”–
By means whereof the said plaintiff hath been injured, and hath sustained damage,
in the sum of one thousand dollars, and therefore he brings his suit &C.3
Lincoln p. q.4<Page 2>
1Abraham Lincoln wrote and signed the document. He also wrote one instance of docketing
on page two.
2“Divers” in a legal context means various, several or sundry; it is a collective term
grouping a number of unspecified persons, acts, or objects.
Henry Campbell Black, Black’s Law Dictionary, 5th ed. (St. Paul, MN: West, 1979), 428.
3Isaac D. Vanmeter claimed that James H. Bagley had committed perjury in the course
of a lawsuit. Bagley retained Lincoln and sued Vanmeter for slander. The jury found
for Bagley and awarded $80.
Bagley v. Vanmeter, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, 2d edition (Springfield: Illinois Historic Preservation Agency, 2009), http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=135659.
Autograph Document Signed, 3 page(s), Abraham Lincoln Papers, Library of Congress (Washington, DC).