Towle

Action against the constable of Wilmington township, Los Angeles county, and his bondsmen to recover damages for injuring the person of plaintiff while arresting him. The trial was by the court without a jury, and plaintiff had judgment, from which defendants appeal. The arrest was made in the town of San Pedro, and the court found that at the time plaintiff was “willfully and maliciously disturbing the peace and quiet of the neighborhood,” etc.; that in order “to stop his disturbance,” the constable, defendant Matheus and his deputy, one Mathews, seized ■ hold of plaintiff and placed iron nippers or handcuffs on plaintiff’s wrists; that when they attempted to arrest plaintiff “he violently and with force resisted said arrest,” and in order to make the arrest the constable called upon the bystanders to assist him and his deputy, and several persons responded to the call and gave their assistance ; “that the plaintiff struck said Matheus in the face with his fist, whereupon said Matheus [the constable] then violently struck plaintiff over the head with a pistol covered with a scabbard, thereby cutting plaintiff’s scalp and causing it to bleed profusely, and the said Mathews [the…