Whether the person whose conversation with the plaintiff was heard by the witness was the defendant or some> other, was a question of fact. There being evidence tending to> show that such person was the defendant (Glauber Mfg. Co. v. Voter, 70 N. H. 332), the objection that it was insufficient to> establish the fact goes merely to the weight of the evidence, and raises no question of law.

Exception overruled.