Indictment, forcible detainer from Cornish, a mulatto, who had rented for one year of Surman, who was prosecutor and offered as a witness; objected to on account of his interest, and argued by Peery and Hall for defendant, and Wilson for the State.
PER CURIAM.
He is a witness to prove the force and no more than the force; he cannot prove either a possession or a lease.
N.B. At Dover the next week, the Court, on argument by Clark and Fisher for defendant and Miller for the State, in a prosecution against one Beauchamp under the Act of Assembly for assisting in stealing a horse (though the principal was not yet tried, being, as was said, all principals by the Act), determined that the prosecutor, being owner of the horse, should only be allowed to prove the stealing, but not the property or possession. [ 2 Del. Laws 667]. Vide Dall. 68 and 110. Vide, contra, State v. Jacobs.