Show FIRST DISTRICT COURT the joseph wightman case for battery now on trial on wednesday the court overruled the demurrer in the ann marks case yesterday in the casa of sarah morgan vs john Q davis an order was granted for a decree of foreclosure in the case of C P flanders vs chas patten et al the court held the bet illegal and instructed the jury that the issues were in favor of defendant and the jury valued the three horses and colt at which amount was found for the defendant wm H varner was arraigned on the usual charge and plead guilty sentence was set for april an order was entered admitting to bail anne E brown in the sum of 1000 to answer on the before the grand jury to purge herself of contempt of court in the case of the people vs david rostron grand larceny tho defendant waa admitted to bail in the sum of 1500 pending sentence judgment was entered from the plaintiff in the case of M ormond vs frank argyle this morning the case of frederick K peterson vs joseph wightman was called this is a suit for 1500 damages brought by frederick Pe tereon alleged to have been sustained by him caused by officer wightman over the head with a billey club at faygon last july william pickering was the first witness sworn was at payson on the of july last was at the saloon that night about 8 when mr was taken buthe Pea reon was pretty drunk and disorderly I 1 asked tho defendant if he wanted any help to take the old gentleman along he finally asked my assistance si and we took him to near a tin shop when we met the plaintiff mr peterson who was a friend of pearson he stepped up and jerked me away from pearson and chattered away I 1 understand his language but from his I 1 thought he wanted to take pearson he then made for wightman who told him twice to keep away wightman than hita him with something on the head peterson fell over against the house and wightman hit him again with his bil loy when lie fell he might have hit more am hit him twice he fell on his face then wightman did not ask me to arrest peterson Pe torson or to keep him away I 1 think wightman hit peterson pretty heavy blows he did not move for two or three minutes wightman then asked some of the boys that had come up there to get some water peterson came to before the water was brought wightman then put him in the jug to defense peterson persisted in trying to get wightman away from pearson one lick followed the other immediately it was after tha second lick he fell to the ground we took him to fhe jug with some resistance we had to drag him some I 1 did not examine his rounds dr F H simmons said I 1 examined the head of defendant on the of last july at the centre and top of forehead was a large contusion wound bruised about two inches long and back of the ears were two other wounds and three small ones his face and cheek bone was a little inflated his head was very sore and under certain circumstances the wound would be dangerous but not in themselves unless erysipelas ery should set inor in or something of the kind the wounds were not made by a sharp instrument ment to defense they were ecale wounds and not particularly danger onn they were partially fresh wounds the trial was in progress as we went to press |