¶1 But the court admitted the evidence, in mitigation of damages, on the authority of Leicester vs. Walter, 2 Camp. 251; and - vs. Moore, 1 M. & S. 284; and it seemed to them reasonable, that although a man may not justify the uttering a slander, nor attempt to prove its truth upon a plea of not guilty, yet with a view to mitigate the damages and disprove malice, he might show that before the uttering the slander by the defendant, it was generally reported and spoken of by others.’ Verdict for plaintiff $200.
4 Del. 520
Morris v. Barker
Decided July 5, 1847
Superior Court of Delaware · decided 1847-07-05
This was an action of slander for words. Plea, not guilty. Plaintiff proved the slander and offered evidence of the defendant’s circumstances. This was objected to, and insisted on; and, after argument, was ruled out by the court. (2 Greenl. Evid. 222, § 2(59.) ' •
Decided 1847-07-05