Page:Federal Reporter, 1st Series, Volume 7.djvu/211

 ,,„ ,,. Of^-"' �OEOMPT'ON '».■ KNOWLES. 199 �is testifj^ing undei circu'tiistajiciBs calculated. i^ocreateaVatrong Jl)jag, and Ije statuai vFbat i8i,,in itsrnature, incredible, aistes- timonyis not neoessarilyito be belioved. Tfae credit (rftesti- mony is left to thie' jury, whb are judges oiE tKe probabiiity or improbability, credibility or incrediBiliti^/'of the witness and his testimpny., The credit due to te^tiw.ony js to.be measured, ic^, part, % th^ interest or bias.of the witness, -which may Bway him to pervert the truth, and by his inaiiaer and' de- portment in delivering his testimony ; and a jury, in weighing testimony, baye a right to consider the cpiisistency of the different ^arts of a narration, anajEhe possib^ity. arid proba- biiity, or impossibility or improbability, of the matters relateds Biest,, on Byi^Wce, 1,^, 18, 517., Even, if the, jury beiieved tbat the defendant was absent from' his platie of business at the tiine he says he was aboeiit, they may have conyicted hiin, and pj-qpejrly, on the groun^ tbat.it was incredible that he gaveingood faith the instructions to wiich he testified, not to "give any letters ont at all," because "it was againstthe }aw, " his regular business being to violate the law by selling lottery tickets. �It was not eiri'or'torefuee to' charge the jury that they mtst believe the tefetrittiony of the defendant as to his absence, ahd his ineti-uctions, and therefoSre acquit 'hiti. �The motions muet be denied. " ' i' ■ �Note. See i/m'fcd .$<«««« v.Djijf, 6 Fed.jRIbp. 46. ; ., „, ���■' Ceompion ». Kno^les ana others. �; {Oireull Court, D. Mas^Ojfausetts. April 18, 1881.) �i. Patent— RE-IssuE—PuHPOsB to C"oveb Inphingikg Dbvicb. �■ Wherethe purpose of a re-issue is to cbvei an alleged infringing device by the use of a general term, the new claim ■will be closely sci;utinized ; but if the term is intelligible, or cso be made so by ex- pert evidence, it will not be fatal to the patent , thaf; it may be used in a-new sense. ��� �