dissenting. ■ I can not concur in the judgment of affirmance, because in my opinion the newly discovered evidence would produce a different result. The record discloses a very ‘weak and doubtful case; and while I have no desire to interfere with the finding of the jury upon the testimony adduced, I think the ground of the motion based upon newly discovered evidence is meritorious. It conforms with every requirement of law, and there should be. another trial.