
    United States v. Samuel Myers.
    It is an assault to double the fist and run it at another, saying, “If you say so again I will knock you down.”
    PResentment,'' for an assault on Jane McGrath. The evidence was that the defendant doubled his fist and ran it'towards the witness, saying, “ If.yoii say so again I will knock you down.”
    
      Mr. Key, for the defendant,
    contended that it was not an assault. The words explain the act, and show the intention not to be to commit a battery. It was like the case of the.man putting his hand on his sword, and saying, if it were not term time or assizes, I would, kill you, &c.; and he moved the Court to instruct the jury that it was no assault.
    
      Mr. Jones, Attorney for the United States, contra.
    
   The Court,

(nem. con.) refused to give the instruction.

Verdict, guilty. Fined five dollars.  