For the purpose of showing that the assignment was not in the bundle when Talbott got it, is the story introduced into Lucian's affidavit that the deeds were counted. It is a remarkable fact, and one that should stand as a warning to all liars and fabricators, that in this short affidavit of Lucian's he only attempted to depart from the truth, so far as I have the means of knowing, in two points, to wit, in the opening the deed and pointing out the error and the counting of the deeds,--and in both of these he caught himself. About the counting, he caught himself thus--after saying the bundle contained five deeds and a lease, he proceeds, "and I saw no other papers than the said deed and lease." First he has six papers, and then he saw none but two; for "my son Lucian's" benefit, let a pin be stuck here.
Adams again adduces the argument, that he could not have forged the assignment, for the reason that he could have had no motive for it. With those that know the facts there is no absence of motive. Admitting the paper which he has filed in the suit to be genuine, it is clear that it cannot answer the purpose for which he designs it. Hence his motive for ****** one that he supposed would answer is obvious. His ****** the date too old is also easily enough accounted for. The records were not in his hands, and then, there being some considerable talk upon this particular subject, he knew he could not examine the records to ascertain the precise dates without subjecting himself to suspicion; and hence he concluded to try it by guess, and, as it turned out, missed it a little. About Miller's deposition I have a word to say. In the first place, Miller's answer to the first question shows upon its face that he had been tampered with, and the answer dictated to him. He was asked if he knew Joel Wright and James Adams; and above three-fourths of his answer consists of what he knew about Joseph Anderson, a man about whom nothing had been asked, nor a word said in the question--a fact that can only be accounted for upon the supposition that Adams had secretly told him what he wished him to swear to.
Another of Miller's answers I will prove both by common sense and the Court of Record is untrue. To one question he answers, "Anderson brought a suit against me before James Adams, then an acting justice of the peace in Sangamon County, before whom he obtained a judgment.
"Q.--Did you remove the same by injunction to the Sangamon Circuit Court? Ans.--I did remove it."
Now mark--it is said he removed it by injunction. The word "injunction" in common language imports a command that some person or thing shall not move or be removed; in law it has the same meaning. An injunction issuing out of chancery to a justice of the peace is a command to him to stop all proceedings in a named case until further orders. It is not an order to remove but to stop or stay something that is already moving. Besides this, the records of the Sangamon Circuit Court show that the judgment of which Miller swore was never removed into said Court by injunction or otherwise.
I have now to take notice of a part of Adams's address which in the order of time should have been noticed before. It is in these words: "I have now shown, in the opinion of two competent judges, that the handwriting of the forged assignment differed from mine, and by one of them that it could not be mistaken for mine." That is false. Tinsley no doubt is the judge referred to; and by reference to his certificate it will be seen that he did not say the handwriting of the assignment could not be mistaken for Adams's--nor did he use any other expression substantially, or anything near substantially, the same. But if Tinsley had said the handwriting could not be mistaken for Adams's, it would have been equally unfortunate for Adams: for it then would have contradicted Keys, who says, "I looked at the writing and judged it the said Adams's or a good imitation."
Adams speaks with much apparent confidence of his success on attending lawsuits, and the ultimate maintenance of his title to the land in question. Without wishing to disturb the pleasure of his dream, I would say to him that it is not impossible that he may yet be taught to sing a different song in relation to the matter.
At the end of Miller's deposition, Adams asks, Will Mr. Lincoln now say that he is almost convinced my title to this ten acre tract of land is founded in fraud?" I answer, I will not. I will now change the phraseology so as to make it run--I am quite convinced, &c. I cannot pass in silence Adams's assertion that he has proved that the forged assignment was not in the deed when it came from his house by Talbott, the recorder. In this, although Talbott has sworn that the assignment was in the bundle of deeds when it came from his house, Adams has the unaccountable assurance to say that he has proved the contrary by Talbott. Let him or his friends attempt to show wherein he proved any such thing by Talbott.
In his publication of the 6th of September he hinted to Talbott, that he might be mistaken. In his present, speaking of Talbott and me he says "They may have been imposed upon." Can any man of the least penetration fail to see the object of this? After be has stormed and raged till he hopes and imagines he has got us a little scared he wishes to softly whisper in our ears, "If you'l1 quit I will." If he could get us to say that some unknown, undefined being had slipped the assignment into our hands without our knowledge, not a doubt remains but that be would immediately discover that we were the purest men on earth. This is the ground he evidently wishes us to understand he is willing to compromise upon. But we ask no such charity at his hands. We are neither mistaken nor imposed upon. We have made the statements we have because we know them to be true and we choose to live or die by them.
