393
CONTROVERSY RESPECTING THE NEW HAMPSHIRE GRANTS.
Detaining and Imprisoning your Petitioner at the several times and in the manner set forth in tli*annexed affidavit and doth conceive it necessary to bring two Suits at Law against the Personsabove named for recovery of his Damages by reason of the same. And doth Intend to chargethe said Persons above named with his Damage to the amount of four hundred pounds in eacii ofhis said actions.
Your Petitioner therefore humbly Prays that in Tender Consideration of the Premises yourHonour will Be pleased to Order Bail to your Petitioners Actions in the sum of Four hundred poundseach or such other sum as your Honour Shall Judge meet.
And your Petitioner shall pray &«
John Grout.
Let process Issue against David Stone, Samuel Stone, Elisha Hawley, Enoch Judd, EbenezerCurtis, John Benjamin, Andrew Norton, Elnathan Strong, Joseph Thompson, David Getchel andSteel Smith upon the preceeding affidavit and Petition with an ac etiam for Two hundred poundsin each action.
August y e 9 th 1770. Danl Horsmanden.
(Endorsed) Affidavit of John Grout & Pe‘ & order for Bail.
AFFIDAVIT OF JOHN GROUT.
City of New York ss. John Grout of Chester in the County of Cumberland attorney at Lawpractising in the Inferior Court of Common Pleas for the said County came this day before me andmade Oath That some time in the month of May last past Daniel Whipple Esquire High Sheriff of theCounty of Cumberland came to this Deponents House and demanded his Assistance as one of aPosse he intended to raise in order to Retake one Joseph Wait and others who had escaped out ofhis Custody being Rescued by a number of armed men, That the said Sheriff Insisting upon thisDeponents attendance this Deponent accordingly accompanied the said Sheriff as one of the Possewhich amounted to abont 15 or 16 Persons to the House of the said Joseph Wait and he not beingat Home and being informed that he was at the House of Benjamin Wait the said Sheriff with thePosse Proceeded towards the said House and had travelled but a little distance before this Deponentdiscovered a Body of Men approaching in a Riotous manner to the number of about Forty Personswho were armmed with Guns, Swords, Pistols, and Clubs, among whom were Nathan Stone, JosephWait, Benjamin Wait, and Samuel Stone the Persons whom the Sheriff wanted to Retake, togetherwith Peter Levins David Stone Benjamin Thurston, Samuel Gridley , David Getchel, Jacob Getchel,Elisha Hawley, Ebenezer Horsington, Ebenezer Horsington Jun r , Simeon Mills, Enoch Judd, Ebene-zer Curtis, Solomon Emmons, John Benjamin, Andrew Norton, Jonathan Noble, John White, SamuelWhiston, Elnathan Strong, Joseph Thompson, Joseph King, Steel Smith and Aaron Bartlet sinceDeceased, that the said Nathan Stone marched before the persons so assembled in a Riotous mannerarmed with a Sword that the said Sheriff in the Hearing of the Persons so riotously assembled madeProclamation aloud in form of Law for them to Disperse, but without Effect soon after which thesaid Joseph Wait and some others of the Rioters Rushed upon the Sheriff & his Posse that the saidJoseph Wait being armed with a Pistol in his left hand, and a Club in his right Hand Struck atthis Deponent twice with the Club which this Deponent avoided by suddenly retreating whereupon