It appears that the defendant attended before the justice and cross examined the witness. The disposition under such circumstances, may be read in evidence without proof of any notice under the rule. Like the appearance of the party on mesne process, it salves every error. 1 Stra. 156, 261. Annal. 240, 242, 369. 3 Wils. 141. Let the deposition be read.

Verdict for the defendant.