Edwardsville Spectator

SHAWNEETOWN, NOV. 13.

In the circuit court of Pope county, Ill.

Hon. WILLIAM WILSON, Justice.

BLAIR

vs.

Rose.

Trover for a $10 bank note. The case was, that plaintiff being indebted to defendant in the sum of ten dollars, was absent from home when Rose called for the money. The wife of the plaintiff handed him a ten dollar note which he refused to receive. She then presented him with a small bundle of bills, and told him to take his debt out of it. He took the hundred dollar bill in question, and left the house, informing the lady that the bill he had taken suited him. It appeared in evidence that Rose made no secret of his having obtained the bill as he did, but on the contrary, when settling his accounts with one of his neighbors, he cautioned him not to cheat himself "as Mrs. Blair had." It was also in proof, that defendant confessed to several persons that he obtained the bill from Mrs. Blair, and that it was of the value which the face purported it to be.

After a very interesting argument, wherein Patton for plaintiff, and McLean contra, vied with each other in eloquence and skilful management, the case went to the jury, who presently returned with a verdict for the plaintiff, with one hundred and twenty dollars, damages.

A motion was afterwards made for a new trial, on the grounds of the verdict being contrary to evidence, and the damages excessive; but denied by the court: We will not grant a new trial in this case. It was the province of the jury to say what damages the evidence and circumstances would warrant; and it is a general rule not to interfere by granting a new trial, where it is apparent that nothing more than justice has been done,

Illinois Gazette.