Chamberlin

The demurrer to this complaint was properly overruled. The complaint avers: 1 ‘ And in that behalf plaintiff further alleges as a fact, that by all the foregoing false, malicious and defamatory words, the said defendant intended to convey the further meaning, and that the said words were by the said persons in whose presence and hearing they were so uttered and published, understood and believed to convey the meaning that the said Eliza J. communicated the fire to the said clothes in the said room No. 2, at the time and place aforesaid, as hereinbefore set forth, and that she, the said Eliza J., was guilty of the heinous crime of an attempt to commit'arson.” It is admissible in actions of slander and libel to aver and prove that words which have a covert meaning were intended to defame, and were under *84 stood in a particular sense by those who heard or read them. (Maynard v. F. F. Ins. Co., 34 Cal. 59 .)

The words testified to by the witness Abbott, do not enlarge the meaning of the words of the complaint, if construed in accordance with the averment above recited. The words testified to by the witness were spoken after the commencement of the action, but as they were…