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Gloucester Ct House Va Sept 27 1868 My Dear Sir In the case of the Commonwealth vs Baylor Thornton and John Thornton tried in the County Court of Gloucester County at the June Term 1868 I represented the accused as their counsel. My recollection of the evidence, is as follows - John H. Tabb testified that He had prosecuted a warrant against one or both of the accused at Gloucester Ct Hs. before a Justice of the Peace, on a certain day not recollected which was dismissed. That in the afternoon of that day and about or just after nightfall, He with his witness one Bland a youth of some 18 years of age set out on foot to return home. That some [[strikethrough]] half [[/strikethrough]] quarter of a mile from the Ct House they overtook the accused in company with two women the wives of the accused — that they were accosted by the accused with curses and indecent language, that one of the accused I do not now remember which, told Bland that his Blands father had never begotten him but He was the git of that damned old Tabb, that they Tabb and Bland then passed the accused and the accused followed them and Baylor Thornton trod upon his (Tabbs) heels and punched him with his elbow and endeavoured to push him out of the path which they had taken a little way out of the County road — that this treading upon the heels and punching occurred several times, that He Tabb finally turned off into Dr Taliaferos lane and sought his residence to borrow a gun or pistol and not finding Dr T at home returned to the Ct Ho: and obtained arms, but that He did not see the accused after He turned into the lane.