Morris v. Barker

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.