38b

CONTROVERSY RESPECTING THE NEW HAMPSHIRE GRANTS.

the 29 th day of said August the said Whiting proceeded to Windsor in the said County and byvirtue of two of the above mentioned Writs which he had against Willard Dean and William DeanJun' he apprehended their bodies and the day following Committed them to the care and keeping ofBenjamin Wait and James Rosebrook who were to conduct them to Hinsdale in said County on theirway to New York , While the deponent was gone to Execute his other Writs against other Trespassers,and on the second day of September following the deponent proceeded to Brattleborough in the saidCounty and apprehended another person for a supposed Trespass of the Like kind and afterwards theDeponent, Called upon Samuel Wells Esq r one of the Justices of the Court of Common pleas and oneof the Justices for said County to Let him know what the deponent had done, and also to Let himknow that the deponent Expected the said Wells’ Friendly aid as a Magistrate provided there shouldbe Occasion for it, as the deponent Imagined there was Danger of the prisoners being Rescued, thesaid Wells Expressed his dislike to the proceeding and said they were spightfull or Malicious actionsowing to Governor Wentworth’s being Disafected Towards the people on the West side of Connec-ticut River . The said Wells then asked the depon 4 which way he propos’d to go with his prisonersto New York , the depo 1 said he did not know, but that he should go thro’ the Province of the Massa-chusetts Bay, the said Wells said he did not think the deponent had power to hold them in that pro-, vince the depo 1 said he did not know which way he should go, but determined before he set out toask advice, The said Wells in presence of the prisoners which the deponent then had in Custody ;asked the deponent which way he determined to proceed in order to get the Evidences to New York the deponent told him that he had a summons for the Witnesses and a Ticket to deliver eachWitness and proposed to make the usual Engagement to them and if the Witnesses then neglectedto attend they would then forfeit one hundred pounds sterling mentioned in the said Ticketts thesaid Wells then Reply’d that the penalty mentioned in said Ticketts could never be Recovered ofthe Witnesses if they did not attend agreeable to their summons or Tickett for the penalty men-tioned in said Tickett was only in Terrorem which word said Wells Explained to the prisoners. Thedeponent then proceeded to Hinsdale with said prisoners Where he found John Grout an Attorneyat Law in the County aforesaid advising with the before mentioned Deans; said Grout desired toknow r of the deponent which way he determined to Travell with the said Deans to New' York , saidGrout said he thought it best to go Thro’ the Province of the Massachusetts Bay, Where provisionwas made by the Law of that Province that the deponent may Travel with his prisoners unmolestedand in case there should be an attempt to Rescue the Prisoners he had a Right to Require thepeople of the County to assist him, but the deponent told said Grout that he should Take furtheradvice before he set out, and on the monday morning following, being the fourth day of September1769 said Wells Came to Hinsdale where the deponent and the said Willard and William the saidprisoners wrnre and after said Wells having Opportunity to advise with said Willard and William,said Wells came and asked the deponent which way he had determined to go to New York , theDeponent told said Wells that he had determined to go across the mountains and Woods to Albany ,the said Wells then said the deponent had better go thro’ the Massachusetts, that he Imagined therecould be no Difficulty attending his going Thro’ that Province, and advised the Deponent to Gothro’ the Province of the Massachusetts Bay, but the depo 4 the day following set out for Albany across the woods with his prisoner and assistants, and on their way met said Samuel Wells, whosaid to the deponent then you are Determined to go acros the Woods, the Deponent Answered hehad, said Wells then said he wished the Deponent had gone thro’ the Province of the Massachu-setts Bay for if he had said Wells said that Grout, meaning the before mentioned Grout, wouldhave been Ready for the deponent and his Assistants at Springfield or some where along there, Whowould have arrested the deponent and his assistants and Committed them to Goal, and the prisoners

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