Holmes, C. J.
It does not appear that the judge exceeded his powers in refusing a new trial, whether he went on the ground that the newly discovered evidence was only cumulative, or on the ground of its relative importance, or rather unimportance, upon a general view of his whole case. He also may have found that the photograph would be uriinstructive and misleading. See Behan v. Williams, 123 Mass. 366. Bxceptions overruled with double costs.