Valiente v. Bryan

— The defendant moved for a new trial on the ground of irregularity and misconduct on the part of the jury. The specific charge is that “ after the plaintiff left the witness stand, and as he was passing the jury box, the ninth juror stopped the plaintiff and asked him some questions, and that the plaintiff showed the juryman a paper containing the advertisement which was the subject-matter of the action.” The defendant’s attorney swears that he witnessed the occurrence mentioned, and that the time occupied was about two minutes, and that thinking the matter of no consequence he let it pass…