¶1The Court (Strong, Sedgwick, Sewall, and Thacher, justices) ruled, unanimously, that she could not be examined. To have had the benefit of her testimony, they should have moved to be tried separately from the husband ; which the Court would have granted, had this been assigned as the reason for the motion.
1 Mass. 13
Commonwealth v. Easland
Massachusetts Supreme Judicial Court
Decided September 15, 1804
Massachusetts Supreme Judicial Court · decided 1804-09-15
This was an indictment against Easland and four others for an assault and battery, to which they all pleaded not guilty, and were on trial together. During the trial, the counsel for the defendants moved the Court that the wife of one of the defendants might be examined as a witness in behalf of the other four.
Decided 1804-09-15