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by the County road for about one quarter of mile when we left the highway to strike across the Commons to the road known as the Mathews and Gloucester County road, for the purpose of saving distance. While crossing this Commons, we were overtaken, by the said Tabb, and one Claiborne Bland whose homes lay in the same direction, as ours: They, the said Tabb and Bland, passed us, and from irregularities in the surface of the ground over which we were passing, and the increasing darkness were soon out of sight, and were not seen by our party again that night. On this occasion, not a word passed between any individual composing our party [[strikethrough]] with [[/strikethrough]] and the said Tabb or Bland. A few days after, while at work on our cornfield, Depty Sheriff's Stubbs, and Hasley, both armed, made their appearance. Stubbs with a warrent, for the arrest of myself and my brother John, This on a complaint preferred by the said Tabb, who had charged myself and brother John, with having on the night of our return from Gloucester Ct. Ho., across the Commons, committed an assault on him the said Tabb by treading on his the said Tabb's heels, punching him, and calling him vile, and wicked names. We were again taken to Gloucester Court House and arraigned before one Thomas Robins, a Justice of the Peace of and for said County. On hearing the evidence of the said Tabb and Bland, the said Justice decided that the matter must go before the Grand Jury. Through the efforts of our Counsel, (Wm. B. Taleifero [[Taliaferro]]) we were admitted to bail, and notified to appear at the next quarterly Court June Term. At the day appointed, we appeared before said Court, with our Counsel. The trial took place on the 3d of June, 1868, and notwithstanding the evidence of two witnesses on our behalf, and who were with us at the time of the assault alleged to have been committed upon the said Tabb we were convicted, declared to be guilty of the assault and I Baylor Thornton sentenced by the Court to imprisonment in the County Jail for a term of thirty days and to pay a fine of fifty dollars ($50.00) and costs amounting in all to fifty-five dollars, and John Thornton to pay a fine of   

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