General

United States v. Elizabeth Shorter

1 D.C. 3151 Cranch 315·United States District Court for the District of Columbia·1806

(Duckett, J., absent,)

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Opinion

United States v. Elizabeth Shorter. The wife of him whose goods are stolen is not a competent witness for the prosecution unless the husband has released to the United States his share of the fine. Indictment for stealing a gold ring and a pair of shoes, the property of Samuel Long. Phosbe Long, his wife, was called as-a witness on the part of the United States. Mr. Caldwell, for the prisoner, objected to her being sworn, because of the interest of her husband in the one half of the fine. [MAJORITY — The CouRT] The CouRT (Duckett, J., absent,) said she was not a competent witness, without a release by her husband, of his right to the fine. Verdict, guilty.