
    Patrick McGuire vs. Michael McDonald.
    On trial of an action for assault and battery, a material witness for the defendant being asked on cross-examination, for the purpose of showing that he was under a bias against the plaintiff, whether he did not express satisfaction at the plaintiff’s injuries and sing a derisive song under the plaintiff’s window while the plaintiff was in bed suffering from them, denied that he had ever done anything of the kind. Meld, that it was thereupon competent for the plaintiff to prove that, while he was in bed suffering from the injuries, the witness did twice sing such a song under his window, and that he heard the singing, and that the witness clapped his hands at the conclusion thereof.
    Tort for assault and battery. Answer, that the defendant acted in self-defence. Trial in the superior court, before Ames, C. J.
    A witness called by the defendant having given testimony tending to show that the plaintiff was the aggressor, was asked these questions on cross-examination, for the purpose of showing that he was under the influence of a feeling unfriendly to the plaintiff: “ Did you not express satisfaction on finding that the plaintiff was hurt? And did you not derisively sing under his window, while he lay sick in his bed, something about him to the effect that McGuire is lying low ? ” The witness replied in the negative ; and denied that he had ever done anything of the kind. For the purpose of contradicting the witness, and showing bias and prejudice on bis part, the plaintiff was then permitted, against the defendant’s objection, to offer evidence tending to show that twice, soon after the assault, the witness did sing a derisive song under the windows of the plaintiff’s house, about the plaintiff’s lying low, and did also clap his hands at the close of the song; and that the song was heard by the plaintiff, while suffering in bed from the effects of the blows received from the defendant.
    The jury found for the plaintiff; and the defendant alleged exceptions.
    
      W. S. Stearns, for the defendant,
    cited Hathaway v. Crocker, 7 Met. 266.
    
      A. V. Lynde & W. P. Harding, for the plaintiff.
   Chapman, J.

The ruling is sustained by the recent case of Day v. Stickney, 14 Allen, 255. Exceptions overruled.  