
    Case No. 14,686.
    UNITED STATES v. BURFORD.
    [2 Cranch, C. C. 102.] 
    
    Circuit Court, District of Columbia.
    June Term, 1814.
    Witness — Prosecution fob Perjury — Interest.
    A defendant in equity is a competent witness upon an indictment against the plaintiff in equity, for perjury in his affidavit made to procure an injunction.
    Indictment for perjury, in [John A. Bur-ford’s] the defendant’s affidavit to a bill in equity for an injunction against Peter Miller. The. attorney for the United States, offered to examine the defendant in equity, Peter Miller, as a witness, to prove the perjury.
    Mr. Law and F. S. Key, for defendant,
    objected that, the question of injunction being still pending, the defendant in equity was not a competent witness to prove the perjury, and cited Rex v. Dalby, Peake, 12; and Rex v. Menetone, 4 East, 576, note.
   But

THE COURT

(nem. con.) overruled the objection, because the conviction of Burford could not affect the cause in chancery; the oath of the complainant not being in evidence. either on a motion to dissolve the injunction after answer, or on the final hearing, but is only required to satisfy the chancellor that- there is prima facie ground to order the injunction.  