People v. Cantine

held that it was not a criminal proceeding, and that the respondent might be sworn the same as in civil cases.

On a motion for a new trial this rule was confirmed and a new trial refused, because there was sufficient evidence for 2>rosecution if uncontradicted, and that though fully contradicted the jury had a right to weigh the evidence and give their verdict upon a preponderance, and the Court would not interpos» its judgment as to preponderance.