United States v. Judson Wade and David Young

United States v. Judson Wade and David Young. If two lie indicted jointly for assault and battery, the wife of one of them cannot be a witness for the other, although they sever in their pleas. The defendants were indicted jointly for assault and battery upon Joseph Fagan, and severally pleaded not guilty. Mr. Key, for the defendants, offered to examine the wife of the defendant Young, as a witness for the other defendant, Wade. But the CouRT (nem. con.) refused; and said, if Young himself could not be a witness, his wife could not; and cited the case of Rex v. Fredick 8f Tracy, 2 Str. 1095. Verdict guilty. Mr. Key and Mr. Frost, for the defendant Wade, moved for a new trial, because the Court had rejected the testimony of Young’s wife; and contended that if the defendants had been tried separately, as they had a right to be, her testimony would have been competent in behalf of Wade, and that having pleaded separately, there was the same reason for admitting it, as to Wade, as if they had been tried separately. [MAJORITY — the Couht] But the Couht refused the new trial. See the Commomoealth v. Easland et al. 1 Mass Rep. 15, and 5 Esp. 107.