To grant a new trial on the ground of misconduct of jury.

Granted May 4, 1892, with costs.

The jury remained out for nearly 24 hours, and during the night were allowed to occupy the court room, wherein they had access to the files of the case containing the requests to charge, which had been submitted, not only upon this trial but upon other trials which had been had. It-appeared that these files had been examined and the requests discussed, pending their deliberations.