
    Case No. 7,977.
    LADD v. WILSON.
    [1 Cranch. C. C. 305.] 
    
    Circuit Court, District of Columbia.
    March Term, 1806.
    New Trial — Mistake or Jury — Affidavit of Same.
    The court will not, in go-’oral, suffer the affidavits of jurymen to be road, upon a motion for new trial, on the ground of mistake, miscalculation, or misconduct of the jury.
    [Covenant on a charter-party for non-payment of -demurrage. Case No. 7,976.]
    Verdict for the plaintiff.
    Motion by the defendant for a new trial, grounded on the affidavits of three or four of the jurymen, that a mistake was made by the foreman in calculating upon the principles agreed on by the jury; some of the others, particularly the foreman, believed there was no mistake.
    Mr. Swann, for plaintiff,
    cited Vaise v. Delaval, 1 Term R. 11, and Cochran v. Street, 1 Wash. [Va.] 79.
    
      
       [Reported by Hon. William Cranch. Chi-’f Judge.]
    
   THE COURT

were of opinion, that it was dangerous to take the affidavits of jurors as to mistakes of calculations, &c.; but on reading the affidavits, there did not appear to have been an error in the foreman’s calculation. and a new trial was refused. THE COURT, however, wished it not to be considered as giving a sanction to the practice of taking such affidavits of jurymen.  