Whether the person whose conversation with the plaintiff was heard by the witness was the defendant or some other, was a question of fact. There being evidence tending show that such person was the defendant (Glauber Mfg. Co. v. Voter, 70 N.H. 332), the objection that it was insufficient establish the fact goes merely to the weight of the evidence, and raises no question of law.

Exception overruled.

All concurred.