Attorney Abraham Lincoln Prepares a Pleading Informing the Court That His Client Has Already Been Acquitted of the Offense Alleged

John V. Drake and John C. Moses practiced law in Danville, Illinois. They worked on cases appearing before the Vermilion County Circuit Court. When Abraham Lincoln had a case appearing in that court, he would sometimes affiliate himself with Drake and Moses. Lincoln was before that court in October and November 1857.

Hezekiah Ballah sued John Deck and Zachariah Deck in a case heard in the Vermilion County Circuit Court. This was an action of trespass for castrating seventeen buck sheep and cutting up eight other ewes, wethers, and lambs. The Decks retained Lincoln who worked together with Drake and Moses in the case in October 1857. The Decks pleaded not guilty. Moreover, John Deck also pleaded that he had been acquitted of the charge in Justice of the Peace court. The jury found the Decks not guilty. Hearing the case was Judge David Davis, who Lincoln would one day name to the U.S. Supreme Court.

Autograph document signed, a draft pleading completely in Lincoln’s hand, Vermilion County Circuit Court, October 1857, being the pleading informing the Court that Deck had previously been acquitted of the same offense. The name of the case was John Deck, impleaded with Zachariah Deck, ads [vs] Hezekiah Ballah, and it was filed In Trespass. “And the said defendant, John Deck, comes and defends the force and injury…and says plaintiff actio non [fails to act when there is a duty to act] because he [defendant] says he is not guilty, in manner and form, as is in the declaration alleged; and of this he puts himself upon the country, etc. [citizens in a court or jury]. Moses & Drake & Lincoln p.d.”

Lincoln adds below: “And for further plea in this behalf, defendant John Deck says plaintiff actio non because he says that heretofore to wit on the __ day of __, in the year of our Lord one thousand eight hundred and fifty seven, at the county of Vermillion, in the state of Illinois, before Joseph Peters, a Justice of the Peace of said county, and before commencement of this suit, said defendant John Deck, in a suit against him by the plaintiff herein, was lawfully judged to be not guilty of the same identical supposed trespass in this declaration mentioned, and this he is ready to verify, therefore he prays judgment etc. Moses & Drake & Lincoln p.d.” The case is listed at lawofficeofabrahamlincoln.org.

An interesting pleading, where Lincoln’s client has already been acquitted of the same offense.