NEWLY DISCOVERED EVIDENCE.
In Practice. Proof of some new and ma terial fact in the case, which has been ascer tained since the verdict.
The discovery of such evidence will afford a ground for a new trial; but courts only inter fere with verdicts for this cause under very special circumstances.
To entitle the party to relief, certain well defined conditions are indispensable. It is a rule subject to rare exceptioni, and applied perhaps with more stringency in criminal than in civil cases, that the sole object of the new evidence must not be to impeach or contradict witnesses sworn on the former trial, 7 Barb. N. Y. 271 ; 8 Gratt. Va. 637 ; it must not merely multiply testimony to any one or more of the facts already investigated, but must bring to light some new and in dependent truth of a different character, 3 Woodb. & M. C. C. 348 ; 1 Sumn. C. C. 451 ; 6 Pick. Mass. 114 ; 10 id. 16 ; 2 Caines, N.
Y. 129 ; 8 Johns. N. Y. 84 ; 15 id. 210 ; 4 Wend. N. Y. 579 ; 7 Watts & S. Penn. 415 ; 5 Ohio, 375 ; 11 id. 147 ; 4 Heist. N. J. 228 ; 1 Green, N. J. 177 ; 3 Vt. 72 , 1 A. K. Marsh. Ky. 151 ; 3 id. 104 ; it must be to a point before in iSsue, and be so material as to im press the court with the belief that if a new trial were granted the result would probably be different, Dudl. Ga. 85 ; 3 Humphr. Tenn. 222 ; it must not have been known to the party until after the trial, 3 Stor. C. C. 1 ; 2 Sumn. C. C. 19 ; 2 N. H. 166 ; and the least fault in not procuring and using it at the trial must not be imputable to him. 6 Johns. Ch. N. Y. 482 ; 1 Blackf. Ind. 367 ; 5 Halst. N. J. 250 ; 7 id. 225 ; 1 Mo. 49 ; 11 COBB. 15 ; 10 Me. 218 ; 20 id. 246 ; 14 Vt. 415 ; 7 Mete. Mass. 748 ; 3 Graham & W. New Tr.
1015-1112. See NE W TRIAL, 9.