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as he then Intended to take advice, That the said Weils then told him that he wished he had gonedown the River as he dared to say that Grout would have been Ready for him and have arrestedhim and then told Whiting that when he went over to Hinsdale yesterday morning lie Intended tosend Grout, but found that Grout was gone before he arrived there, That the said Whiting thentold the said Wells that he was a pretty Devil of a Judge to attempt to serve him in that manner,That he thought it was his duty Rather to assist an officer with prisoners than try to lead him into asnare. To which Wells answered so it is if you had apply’d to me, but you did not apply to me,and added that it was but a bad or a spiteful action and that he was Determined to assist theyoung men all that he could, and Intimated that he should have been very glad to have them setfree. That in the Night of the said fifth Day of September a Riotous Number of Men Came abouta small log house. Where the said Whiting with his prisoners and the deponent and the saidRosebrook Lodged, and broke into the Lower part of the house and threatened to pull it down andRescue the said prisoners with many Violent threats against the Life of the said Whiting, but thatafter so much outrageous behaviour in the Night and Threats and Entreaties they were prevailedon to depart in the morning.
Sworne this fifteenth day of November 1769. Benjamin Wait.
Before me Danl ILorsmanden.
Amos Tute of Hinsdale of full age Testifies and says that some time in the month of August orSeptember Ann o Domini 1769 The Deponent went to Brattleborough with Benjamin Whiting Esrpin order to assist said Whiting in taking one Ebenezer Fisher wlio said Whiting told the Deponent hehad a Writ against for destroying the King’s Timber and after said Whiting had arrested said Fisherand w r as about to carry him to Hinsdale w here said Whiting had one Willard Deane and WilliamDeane Jun r in Custody for the Like offence Samuel Wells Esq 1 ' of Brattleburrough one of theJustices of the Court of Common pleas for the County of Cumberland asked said Whiting whichW'ay he proposed to go to New York with the men he had in Custody, the said Whiting said he didnot know which way he should go said Wells told said Whiting he did not know whether lie had aRight to go through the Province of the Massachusetts Bay, some time aftenvards the deponentbeard said Wells tell said Whiting that he said Wells tho’t there would be no difficulty in going thro’the Province of the Massachusetts Bay, and seem’d to Encourage said Whiting’s Travelling thro’ theProvince aforesaid with his prisoners, but said Whiting chose Rather to go across the woods &mountains to Albany and took his Departure accordingly, and further saith not.
Amos Tute.
December the Thirtieth day Anno Domini 1769. Amos Tute of Hinsdale in the County of Cum-berland tlie Within deponent appeared personally before the Subscriber One of his Majesty’sJustices of the Peace for the Province of New Hampshire being first Cautioned to Testify the wholeTruth made Solemn Oath that the written Deposition by him subscribed is the Truth and nothingbut the Truth.
Dan l Jones Jus: Pac ea .
(Endorsed) Deposition of Benjamin WhitingBenjamin Waite& Amos Tute. 1770 March14: Read in Council.