Spencer v. McMasters
Illinois Supreme Court
The sixth instruction asked for by defendant, which was refused, and which is referred to in the opinion of the court, is as follows: The words, “ you came here to defend these two old worn out whoring bitches, who have shaken their shirk-tails at every man in Stephenson county, and I can prove it,” are not slanderous. The other facts are stated in the opinion of the court.
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The sixth instruction asked for by defendant, which was refused, and which is referred to in the opinion of the court, is as follows: The words, “ you came here to defend these two old worn out whoring bitches, who have shaken their shirk-tails at every man in Stephenson county, and I can prove it,” are not slanderous. The other facts are stated in the opinion of the court. The cause was heard before Sheldon, Judge, and a jury, at November term, 1854, of the Stephenson Circuit Court.
1Opinion of the CourtSkinner, J.
William McMasters and wife sued Spencer, in the Stephenson circuit court, in case for words spoken of McMasters’ wife.
Spencer plead the general issue, and also filed a special plea of justification, averring the truth of the words. McMasters and wife replied de injuria, and issue to the country was formed.
Spencer moved for a continuance on his affidavit, averring the truth of his plea of justification, and his expectation to be able to prove the same, and the cause was continued. At the next term, a jury was sworn to try the issue, and Spencer moved the court for leave to withdraw his plea of…
2Cases cited3 opinions
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