Penfield v. Carpender , 13 Johns. 350 ( 1816 )

.Per-Curiam.

The admission of such testimony, was illegal and dangerous, and no subsequent caution or advice by the justice,-that the jury ought to. disregard'what the witnesses had sworn', can cure .the irregularity. • The law forbids such testimo;ny, hecaiise it mayAaiie anánfluence upon honest jurors, .who aré unconscious of the impressions which- they retain, inotwith^ standing;.the'effort of the court to obliterate-then}.' V. "

The tazation 'of costs .was alsoillegab

Judgmeht-reversedt-