case button against Heywood and his wife slander S c Mod case for word George  button be the man that kill my husband Charles wise verdict for the plaintiff  glide move in arrest of judgement the first count be those word the second I  know the man who kill my husband it be George button they be not certain no  particular modern report manner of kill it may be justifiable as selfdefence  per misfortune c they only breed a doubt in the mind of the hearer it can be  assist by any construction to be intend a felonious kill word be take in mild  sensum more   Inst hussy they say the husband be adtunc defunct Adtunc may be  at the time of the declaration not of the word speak rob cro James modern  report er p   Bonhams case roll Abr so modus defunct cro James salk Wyndham  they import by necessary inference a kill cro James salk lev   cro Elizabeth  lev to say you kill such a person be actionable without averment that he be  dead cro Elizabeth cro car Pratt chief justice there be no question but at  this day these word be actionable former word be take in mild sensum to avoid  vexatious action but now to separate are time and people be always scandalize  one another the word be certain that he be dead if so there be no necessity  for a averment when word be to be take in the sense of the hearer there be  very odd case in the book powys justice be of the same opinion Eyre justice  the word be to be take in the worst sense felon wickedly et voluntary lev tews  and his wife Jones which be a point settle the death be ascertain and imply in  the word sider fortescue justice the rule be different from what it be before  when take in mild sensum this mode of construction have be explode for forty  fifty or sixty year if word be disreputable they be actionable which be chief  justice holt rule as also hale and Twysdens if to be intend any justifiable  kill why do not the defendant justify it in baker v pierce a late case it be  hold that word be to be take in evil parten there be no averment vent the  court will intend the party dead unless it appear on record that he be live  the court give judgement for the plaintiff