(for affirmance). I agree and concur in *674all of Mr. Justice Souris’ opinion, including his strictures in section “I-D” thereof with regard to the proper conduct of a court officer. However, I agree with Mr. Justice O’Hara, for the reasons stated in his opinion, that in this case there was no impropriety.
I vote to affirm the judgment, with costs to plaintiff.
Smith, J., concurred with Adams, J. Black, J., did not sit.