
    United States v. Thomas Fitton.
    Upon an indictment against the husband for assault and battery of his wife, she may be examined as a witness against him.
    This was an indictment for an alleged cruel assault and battery of the defendant’s wife.
    
      
      Mr. Key, for the United States,
    offered the wife as a witness against her husband.
    
      Mr. Mason, for the defendant, objected ; but
   The Court

(nem. con.) permitted her to be sworn and examined. See McNally on Evidence, c. 16, p. 160 to 176 ; 3 Chitty, Crim. Law, 819; 1 Starkie, 84, 85; 4 Starkie, 705, 706; Davis v. Dimooody, 4 T. R. 678 2 Russell, 604, and the cases there cited.

The wife’s testimony was slightly corroborated, but strongly discredited by evidence of her habits and conduct.

Verdict for the defendant.  