Cooke v. O'Brien

6 F. Cas. 438, 2 Cranch 17

Opinion

In slander, the defendant may, in mitigation of damages, give evidence of the grounds of his belief of the truth of the charge which he has made.

Slander. The defendant said the plaintiff was a perjured villain. The defendant, in mitigation of damages on the plea of not guilty, offered to give evidence of the grounds of his suspicion and belief that the plaintiff had committed perjury.