Amendments will ever be at-lowed, when justice appears to require it. There cannot be a better ground of deduce, than the one proposed; the appellant may have refrained from resorting to it sooner, from his inabilitv to estabIish it. If, since the trial below, he has discovered evidence that enables him to support this plea, he ought not to be precluded from avaiIing himself of it.

Amendment allowed.