Wood

charged the jury substantially as follows t

If the facts and circumstances in and of themselves would satisfy the mind of any one that an offense had been committed, and they pointed towards a particular person as the offender, and in this case the defendant had Mr. Wood arrested under such circumstances, it would constitute probable cause, and plaintiff could not recover. Much testimony had been introduced remote in character, but conceded on both sides to have some bearing on the issue, and so let in for their consideration. The jury would consider all this evidence to know if Mr. Wood intended to steal the books, and if Mr. Hambly has failed to satisfy them that he believed Mr. Wood had such purpose, he cannot sustain his defense on that point. In another branch of the case it is contended that defendant, honestly and bona fide sought the advice of counsel before calling upon the officers of justice to punish the offender against Ms rights, as plaintiff, it is said, was believed to be; and having honestly- and fairly made application to Col. James, a person competent to give advice, Ms action, upon such counsel, constitutes a defense. TMs question appears not to be settled in…