The Court (Strong, Sedgwick, Sewall, and Thacher, justices) ' inclined to think that the indictment was right, and ad- [ * 144 ] mitted the bond in evidence ; * saying that if it was not legally admissible, it might be set right hereafter ; (meaning, it is presumed, that, in case of a conviction, the defendant might move for a new trial for the mistake of the Court.)

The jury found the defendant not guilty.