
    United States v. Lewis G. Davidson and I. W. Stratton.
    Upon a joint indictment against two, for assault and battery, it is not a matter of right that they should bo tried separately, at their request; and neither can be examined as a witness for the other unless there be no evidence against one ; in which case the jury may acquit him, and then he may be examined for the other defendant.
    Indictment for assault and battery on a negro, a servant at Fuller’s Hotel.
    
      Mr. Brent, for the defendants,
    asked that they might be tried separately, as he wished' to examine Qach as a witness for the other.
   The Court

said that it was perhaps in the discretion of the Court to allow it, but that the defendants could not claim it as a matter of right; and that neither can be examined as a witness for the other unless it should appear that there was no evidence against one; in which case the jury may acquit him, and then he may be examined for the other; but if there be any evidence against him he cannot be examined. 1 Chitty, Cr. L. 626, 627.  