It does not appear that Cooke had such an interest in the cause as to render him incompetent.

As to what Rebecca Hicks tol$ the Plaintiff, relative to her deposition, he had ample time to avail himself of it (if that could be done) on the trial ¿ he might also then have objected to her deposition, because it was in the handwriting of Cooke, if that objection would have availed him. I think the Judge did right in not granting a new trial for these reasons.

Per Curiam. — Judgment affirmed.