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Case No. 11 CM 696


Vernon Hershberger affirms and states as follows: 1. I am an adult resident of the State of Wisconsin and the Defendant in this action. 2. I am a Christian. As such, I believe that Holy Scripture is the inspired Word of God and is to be followed. 3. I was raised as a member of the Amish community. Although I am no longer a member of that community, the religious beliefs of the Amish religion inform my Christian beliefs. My beliefs relevant to the current action, borne out of Scripture, are described in the following paragraphs of this affidavit. 4. Scripture contains the following admonition in Matthew 5:38-41: “Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth: But I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also. And if any man will sue thee at the law, and take away thy coat, let him have thy cloke also. And whosoever shall compel thee to go a mile, go with him twain.”


5. The Bible teaches that we should not be aggressors in court actions by suing people or filing counter claims (“cross bills”, below), even though it is possible by course of law to force off the coat from a man's back. We are not to marvel at the matter, but, in such a case, rather than go to the law by way of revenge, rather than exhibit a cross bill, or stand out to the utmost, in defense of that which is our undoubted right; rather we are to let him even take our cloak also. If the matter be small, which we may lose without a considerable damage to our families, it is good to submit to it for the sake of peace. It will not cost us so much to buy another cloak, as it will cost us by course of law to recover that; and therefore unless we canst get it again by fair means, it is better to let him take it. 6. Thus, Scripture requires me to avoid initiating conflict. I cannot be the aggressor in a lawsuit. I could not request the hearing provided by the administrative rules and referenced on the State’s holding order even though the findings of fact in the order were incorrect, because it would have been tantamount to suing the State and would have violated this Scriptural prohibition on initiating conflict. 7. Further evidence for my adherence to these beliefs may be found in the fact that we did not engage in conflict through civil actions filed by and against various people after a vehicle collision that occurred in front of my home. My understanding is that teenagers returning from a beer party a couple of miles from our home got into a collision in front of our home and claimed that our cow had been in the roadway. I did not participate in the proceedings, except to submit a request for any evidence that one of our cows had been in the road, or other evidence of my liability. A default judgment in excess of $800,000 was issued against me in my absence in Sauk County Case No. 07-CV-473.


8. While I was able to allow the civil lawsuit to continue without engaging in the conflicts underlying it, I cannot do the same in this case because I have been charged with a crime, so am necessarily engaged in defending myself and am not initiating conflict. 9. It also violates my religious beliefs to waste resources, especially food. Scripture teaches us that we should be good stewards of what God has given us. I believe that to destroy or waste food is to destroy a gift given to us by God.

Dated this _______ day of January, 2013.

Vernon Hershberger

Personally came before me this ___ day of January, 2013, the above-named Vernon Hershberger, to me known to be the person who executed the foregoing document and acknowledged the same. _____________________________ Notary Public, State of Wisconsin My commission expires:_____________________