
    Moses Thompson against John Mallet.
    
      Columbia,
    
    
      April, 1797.
    
    If a jury take upon themselves to examine a witness after tcTrtmir room ground for°a new trial.
    easeifj'folg-* .J&asays, 14.
    THIS was a case taken up from Columbia to Camden, on a . 1 motion for a new trial, on the ground of misbehaviour in the jury.
    From an affidavit made by Daniel Brown, it appeared ^at jur7 after they had left the court and retired into their room, had taken upon them to send for and examine a witness, who had not been sworn and examined in court, without the leave of the court, or consent of the parties, or their attorneys ; though this was not known at the time their verdict was received and recorded in court, but came out after they had been discharged.
   The judges,

without argument, ordered a new trial, without costs ; observing, that this was very reprehensible conduct on the part of the jury, for which they had deserved to be fined, if it had been known to the court before they were discharged.

Present, Burke, Grimke, Waties and Bay.  