This was an action on the case, for slanderous words, in five counts.

In the fourth count, the plaintiffs set forth the slanderous words complained of as having been spoken by the defendant, of and concerning the plaintiff, Nancy, as follows : viz. — “ I (meaning the said James Madden) have had criminal intercourse with her, — (meaning the said Nancy) since her marriage with the said John, (meaning the said John, one of the plaintiffs) more than a hundred, times,” &c., <•' meaning that the said Nancy had committed the crime of adultery with the said James Madden.”' '

The first, second and third counts were to the same effect, and in each of the four first counts the words were alleged with a sufficient colloquium and proper- innuendoes.

The fifth count was as follows :—

“ And afterwards, to wit, on the first day of April, 1838, at Essex aforesaid, in a certain other discourse which the said James Madden then and there had with and in the hearing and presence of one James Carty and divers other good and worthy persons of this state, he, the said James Madden, further contriving and in'< nding as aforesaid, then and there, in the presence and hearing of the said last mentioned persons, falsely and maliciously spoke and published of and con'cerning her, the said Nancy Ryan, these other false, scandalous, malicious and defamatory words following, that is to say, ‘ I (meaning the said James Madden) want you (meaning the said James Carty) to go and settle it (meaning the slanderous words by him the said James Madden spoken and published against her the said Nancy in this declaration before-mentioned) with them, the said John Ryan and Nancy Ryan, for if it was not settled it would make it hard on both sides, for what he (meaning the said James Madden) had done to the said Nancy would send them both to the state’s prison, (meaning that he, the said James Madden, and the said Nancy Ryan had been guilty of the crime of adultery together.) And the said James Madden, being cautioned by the said James Carty about sa.ying such things , if he, the said James Madden, could not prove it, he, the said James Madden, further spoke and published to said Carty and divers other persons last mentioned, of and concerning the said Nancy, of and concerning the said crime of adultery committed by him and the said Nancy, ‘ By God you’ll see if I do r of prove it.’ By means of the committing of which said several grievances by the said James Madden as aforesaid, she, the said Nancy Ryan, hath been and is greatly injured in her said good name, fame and credit and brought into public scandal, infamy and disgrace, with and amongst all her neighbors and other good and worthy persons of this state,” &c.

It was not averred, in either count in the declaration, that the said Nancy Ryan was the wife of the said John Ryan, at _ the time of the speaking of the words complained of in said several counts.

Plea, not guilty. Issue to the country.

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How this case has been treated — in progress