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asked him to go out and see if his horse was standing. Hern went out the door, when he returned since he did not see him, Newman then went out and soon returned cursing and abusing Hern, calling him a "liar" and a "damned black son of a bitch" and that "the horse was standing out there? at the same time advancing on Hern with fists-doubled up. and witness says struck, or struck at, Hern: he could tell which. Hern put out his open hand, retreating at the same time. Witness testified he thought the assault come from Newman rather from Hern. Newman testified that he did not recollect striking Hern, but that he did advance on his and that Herns hand came in contact with his face but that it did not hurt much: there was no bruise left there. The case was then given to the Jury who found the Deft guilty and he was fined one dollar and costs. The next case was Commonwealth vs Jacob Hern, same charges, same time and place for assault on white man named Smith. The testimony showed that Smith was in bed in an adjacent room considerably under the influence of liquor: that he got up and joined in the difficulty of Newmans flourishing a pistol. Hern was discharged by