Thomas v. Chapman

Sutherland, . J.

With some hesitation I have come to the conclusion that the verdict in this case must be set aside for misconduct of the officer having the jury in charge. Bird, one of the jurors, in his affidavit, states expressly, that the officer “stated to them (the jury,) that the court had adjourned and' left orders for him (said officer,) to lock up the jury and keep them all night, unless they agreed upon a verdict ; that the case ivas clear for the plaintiff, and that the jury had tetter agree and go home ; that if they did not, soon, he should lock the jury up for the night.” That…