The instructions requested, so far as the defendant was entitled to them, were covered by the instructions given. Spring v. Hulett, 104 Mass. 591.
Exceptions overruled.
Memorandum.
On the fifteenth day of January 1881, the Honorable Seth Ames resigned the office of justice of this court, which he had held since the nineteenth day of January 1869; and on the fifteenth day of August 1881 he died at his residence in Brook line.