Keller v. Hansen

This was an action of trespass for an assault and battery, brought by Hansen against Keller. The pleas were not guilty and son assault demesne, replication, de inguria. On the trial the plaintiff was a witness in his own behalf. Upon the issue as to which party committed the first assault, the plaintiff testified positively that it was the defendant. On the other hand, the defendant, being a witness for himself, testified, not only that he did not commit the first assault, but that the plaintiff did, by striking him on the hand and head before he offered any violence to the plaintiff; and he…