Hutcheson, Justice.
1. When considered with the counter-showing, the alleged newly discovered evidence was not such as would likely produce a different result upon another trial. The court did not err in refusing to grant a new trial upon the ground of newly discovered evidence. 2. There is no merit in the general grounds of the motion for new trial.
Judgment affirmed.
All the Justices concur except Russell, G. J., and Alkmson, J., who dissent.