
    United States v. James Birch and others.
    A colored man is not a competent witness in Alexandria against a colored man indicted jointly with white men for a riot.
    James Birch, a white man, was indicted jointly with others for a riot. One of the defendants, William Bill, was a colored man.
    
      Mr. Swann, for the United States,
    offered Wilfred Mortimer, a colored man, bom of a white woman, as a witness for the prosecution against the colored defendant, William Bill.
    
      Mr. Mason, for the defendants, objected.
    By the 5th section of the Virginia Act of 7th of December, 1792, (p. 187,) it is enacted that “ No negro or mulatto shall be a witness, except in pleas of the commonwealth against negroes or mulattoes; or in civil pleas where negroes or mulattoes alone shall be parties.”
   The CousT (Tiiiutston, J., absent,) rejected the witness; because it was a joint indictment, and the defendants had pleaded jointly; and the testimony, if given against one, would operate against all.  