Wright

This action involves a contest regarding a line dividing mining claims in Siskiyou county. The trial was by jury, and the verdict and judgment for the defendants. The appeal is from the judgment and from an order refusing the plaintiffs’ motion for a new trial. Among the grounds of the motion for a new trial is the alleged misconduct of the jury. And this is pressed on the appeal. The misconduct complained of relates principally to the jurors John Keville and John B. Lowden, the former of whom was elected and acted as foreman. The affidavits produced in support of the motion for a new trial show that during the progress of the trial Keville approach the plaintiff, H. D. Wright, and stated to him, that he, Keville, “was going to do the right thing; that he was pretty well satisfied who the right one was, and that he was a pretty good talker, and could make the jury see things in the right light.” This occurred just prior to the departure of Keville from Yreka to Montague. On arriving at Montague he told *518 James M. Davidson, a witness in the case, and John T. Bradley, that plaintiff Wright had, during the trial of the case, approached him and commenced to talk with him ahont the…