case GROVENOR against Fenwick the court will not grant a new trial after a  trial at bar except for the misbehaviour of the prevail party towards the jury  or witness SC ante SC salk SC salk SC holt after a trial at bar and verdict  for lessee in ejectment a new trial be move for upon the merit of the cause  and also upon a affidavit bring into court the affidavit contain in substance  that the defendant witness be keep back by a report spread in holland where  they be in their way to England and that the witness that be already come over  have be lie by the heel but it do not name any who have spread the report or  that it be by the agent or person employ by Fenwick and though the court be  dissatisfy with the verdict upon several reason one whereof be that the trial  last above sixteen hour and abundance of evidence be give on both side and the  jury be agree on their verdict in halfanhour time yet the court will not grant  a new trial and the case of gay v cross ante a heretofore be remember for the  court declare that after a trial at bar they will not easy grant a new trial  more especial in ejectment but see instance of new trial grant after a trial  at bar style stram ld ray stram burr so also in ejectment burr a where the  first verdict be not peremptory and where there be no foul practice make  appear in the jury or party for who the verdict be as keep back of witness c  in which case alone it be discretionary in the court to grant it see stram  salk bull n p term Rep term Rep b and here they beg leave to mend their  affidavit which be oppose for this reason that now they have learned of the  modern court what will do their business it will be dangerous to let they in  to swear it to which holt chief justice say that it be frequent in chancery  after a witness have swear before a master to examine he again viva voice in  court but powys sergeant reply that it be no frequent thing so to do for in  all his time he have know it do but twice and Powell justice declare his  dislike of mend affidavit where the party know before what be necessary and  have not swear it it be say that a new trial be deny but that it be against  the opinion of the chief justice SC salk c