“The jury having found in favour of the plaintiff, see 3 Wash. C. C. Rep. 580, the defendant now moved the court for a re-trial of the issue upon the following grounds: 1. That the jury, before they had agreed on a verdict, ate and drank at the expense of the plaintiff in whose favour they found, without the leave of the court. 2. That one of the jurymen did not, in reality, agree to the verdict, but assented in order to get discharged; and being told that the court would keep the jury together till they did agree. To prove the facts upon which both these grounds were taken, the defendant offered the affidavits of some of the jurymen, which were objected to. The court directed them to be read, reserving the necessary observations on the competency of the evidence, till the opinion upon the whole case should be given. 3. That the property being of great value, and the inheritance involved in, and bound by the verdict, a new trial ought upon general principles to be granted. 4. That the verdict was against the evidence.”