did not know that he was acting contrary to law." Erie C. J., decided that the ground did not qualify the verdict ; he, however, did not advert to the objection that the recommendation formed no part of the verdict. In the present case the jury, in their recommendation to mercy, asstime that \ the verdict is correct, and that the pri soner had committed the forgery. They speak of the note as '•' forged," and.of the prisoner's belief that he would " con done the forgery " by repaying the note when it fell clue. _ The first ground of the recommenda tion which is as follows—" With no intent to defraud, believing from his showing that at the time the promissorry note fell due, he should have received money from Home to meet it " —is not taken as a whole, inconsistent wiih the verdict. The jury does not say abso lutely that there was no intent to de fraud, but that he had no intent to de fraud, because he believed that he "would have means to pay the note when due. ' It is unnecessary to cite authorities to show that such a belief, even if found as a fact by the jury, and as part of a special pleading, would form no ground of defence. However, taking together all the grounds of recommendation by the jury, it is clear that such grounds are based on the assumpiion of'the guilt of the prisoner, and that the jury did not intend by the recommendation to mercy, to _ qualify the unqualified verdict of guilty which they had already returned. The conviction,therefore is affirmed.,

ggLMMINQ HEBALD, ■■THTmSBAY,. JUNE 3, 1875



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