
    Case No. 14,922.
    UNITED STATES v. DAVIDSON et al.
    [4 Cranch, C. C. 576.]
    
    Circuit Court, District of Columbia.
    March Term, 1835.
    Criminal Law—Joint Indictment—Trial— Witness.
    Upon a joint indictment against two, for assault and battery, it is not a matter, of right that they should be 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 ease the jury may acquit him, and then he may be examined for the other defendant.
    Indictment [against Lewis G. Davidson, and I. W. Stratton] for assault and battery on a negro, a servant at Fuller’s Hotel.
    Mr. Brent, for defendants,
    asked that they might be tried separately, as he wished to examine each as a witness for the other.
    
      
       [Reported by Hon. William Craneh, Chief Judge.]
    
   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 Chit Cr. Law, 626, 627.  