
    Piles v. Plum & Swann.
    In a joint action of trespass against two defendants, if they plead severally they may he mutually examined as witnesses for each other. Qumre.
    
    Tkespass for beating a mare, and breaking her leg with an axe, so that she died.
    The defendants had been taken at different times and had pleaded severally.
    
      Mr. Taylor, and Mr. E. J. Lee, for the defendants,
    offered to examine the defendant Swann, as a witness for Plum, the other defendant.
    The plaintiff’s counsel, Mr. Swann, objected;
    and contended that there could be but one judgment although the verdicts might be several.
   The Court,

with some hesitation

(Fitzhugh, J., absent,)

permitted the defendant Swann, to be examined. See United States v. Pawling et al. in the Supreme Court of the United States, 4 Cranch, 221; Harper v. Smith, in this Court at July term, 1808, (1 Cranch, C. C. 495,) and the United States v. Hunter et al. at November term, 1807, (1 Cranch, C. C. 446,) and the United States v. Abbot, in the District Court, (not reported.) But see below, Johnston v. Chapman & Alexander.  