Held, That in an action on the ease for slander, the general issue and a plea of justification having been pleaded, an instruction re*79quested by the defendant, to the effect; that if the jury found the plea of justification not fully sustained, but that the testimony strongly conduced to establish the larceny charged in it, that fact might go in mitigation of damages ; should have been given. Byrkett v. Monohan, 7 Blackf. 83; 1 id. 369; 6 id. 50.

Judgment reversed, sfec.