MR. LEON, in support of the first ground of appeal, read the affidavits that were used at the application for a new trial made to Judge Chomley, full particulars of which have already been published. The effect of the affidavits made on behalf of the plaintiff was that on July 31, while Mr. Ebsworth, in the course of his address to the jury, paused for a moment to look at some documents before him, Mr. Coldham came into court, leant on the railing of the steps leading to the jury-box, and smiled and winked at the jury. Mr. Mitchell, one of the jurors, gave him a significant glance, and smiled in return. Immediately after the Court adjournment, at 4 o’clock, and while the case was still part heard, Mr. Coldham was heard to say to Mr. G. R. Stewart, “I have promised to meet them at Menzies’ Hotel,” and about the same time was seen to run, with his wig and gown on, towards Goldsbrough’s Lane. He called out to a juryman, Mr. McGregor, “Don’t go away, McGregor, I want to see you. I will meet you at Menzies’.” About 4.20 p. m. the foreman, Mr. Hopkins, and Messrs. Mitchell and McGregor, two other jurors, were seen standing before the bar at Menzies’ Hotel with Messrs. Coldham and Stewart, talking earnestly and drinking and smoking. It was also said that as the jurymen left the box on the afternoon in question, one of them (McGregor) handed Mr. Coldham a written communication. In answer to these allegations affidavits were filed denying that Mr. Coldham told Mr. Stewart that he had “promised to meet them,” or that he had said anything to that effect. While standing at the barristers’ table immediately after the adjournment, Mr. Coldham was handed a piece of blotting-paper, on which was a sketch and figures relating to the _Alert’s_ funnel, concerning which the juryman McGregor had spoken in the box while the case was proceeding. He ran after McGregor to give it to him back, and on meeting him accidentally at Menzies’ handed it to him, saying, “Here is your beautiful production.” He, with Mr. Stewart, then accepted McGregor’s invitation to have a drink. Nothing whatever was said about the case, and the allegation that counsel winked at the jury was false, and a grotesque invention. MR. BOX said the whole point of this matter was whether there was any pre-arranged meeting at Menzies’. His client said there was no pre-arrangement, and that the meeting was purely accidental. Who cared twopence about a glass of wine? MR. JUSTICE WILLIAMS: I would say it was very imprudent, to say the least of it, of counsel and solicitor, to go drinking with three of the jury during the hearing of the case. MR. BOX: Whether they had a drink or not, it was not by pre-arrangement. Mr. Coldham swears that he made no such statement as that alleged relative to a promise to meet any of the jurymen.