It is clear that the motion for a new trial must prevail. Dist. of Columbia v. Armes, 107 U. S. 519, 2 Sup. Ct. 840, 27 L. Ed. 618. This being so, it may not be amiss for me to express my opinion that both parties may find it judicious to come to a settlement of the case on moderate terms, rather than to encounter the uncertainty and expense of further litigation. A new trial is granted.