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Tabb also testified that [[crossed-out]] Baylor [[/crossed-out]] John Thornton joined in the chase, and that he rode close upon him and Bland and so close that the head of the horse was over Blands shoulder - that He Tabb remonstrated with the accused and that they replied that they had as much right to the main road as any other people Tabb also stated as his belief that the accused tried to make him Tabb resist so as to have an opportunity of beating him - or killing him. Bland testified to nearly the same facts but his evidence was confused. He said that Baylor Thornton punched Tabb and that John Thorntons horse was close upon him. He stated however that the night was dark and that He sometimes stumbled up against Tabb himself. He did not know if it might not have by acadent that Thornton punched Tabb by stumbling up against him in the dark. He could not say positively that He raised his elbow by design to assault Tabb. Milly Thornton wife of John Thornton testified that no curses or obscene language or threats were used by either of the accused, and that there was no treading upon the heels of Tabb or Bland and that no difficulty occurred between them. Isabella Thornton the wife of Baylor Thornton testified as did Milly Thornton The jury found the parties guilty of the assault and imposed a fine of $50 on Baylor Thornton and $25- on John Thornton — and the Court added the penalty of imprisonment in the County jail of thirty days in the case of Baylor Thornton and fifteen days in the case of John Thornton It is proper to state that Milly Thornton was permitted to testify as to Baylor Thornton and Isabella