I was going to mention the scratches. The reverse is superior to the obv. So if it straight graded they are not cleaning scratches. I am going to say MS. Even though it looks like wear on the Indian's hair, it could be a weak strike. The reverse is 65 and the obv 61 net MS 63. I graduated 5th in the 2017 Ed Wood School of Grading. 5 in the class.
You're right - the wear on the hair is a weak strike. I think that this coin has literally one too many deeper scratches, otherwise it would've had one or two grades higher. Here it is: Spoiler AU-58