
    United States v. Johnston.
    An alien cannot he a petit juror, because he cannot he a freeholder; but see the next case, Young v. Marine Ins. Co.
    
    In an indictment against one of several who made a joint assault, the acts of the others at the same time may be given in evidence.
    Indictment for assault and battery and resisting a collector of militia fines.
    A juror, called to be sworn, who was an alien, was rejécted by the Court. See New Rev. Code, 101, c. 73, § 12, 29th of November, 1792.
    
      Mr. Swann, for the defendant,
    objected to evidence of what was done by Glover in company with Johnston, at the time of the assault and battery.
    . Mr. Youngs, on the same side.
    The United States have chosen to consider it as two separate assaults by indicting them separately.
   PeR Curiam

(nem. con.) The conduct of every person joining in the assault may be given in evidence. The evidence offered is admissible.  