Morse v. Phillips

Appellant,' who is a deaf-mute, more than sixty years of age, sued appellee for an assault and battery alleged to have been made by appellee upon appellant. It is alleged that appellee, then a constable, in endeavoring to execute a warrant for the arrest of a son of appellant, came in the nighttime to appellant’s house and there, without excuse or reason, shot and seriously wounded appellant, when appellant did not know even of the presence of appellee on the premises.

When appellant presented himself as a witness to give evidence of the allegations aforesaid and of the -details of the…