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of they might apply to the Grand Jury and the Clerk of the Peace would assist in drawing anynecessary Bill, or they might apply to a Higher Court, That M r Grout if accused of any offencehad a right to a Tryal, that the Court had not lawful authority to Comply with their Request andforejudge M r Grout on a bare suggestion that he was a bad man supported by no evidence nor eventhe particulars of his bad Conduct pointed out. the said Stone and Wait then Replied they werenot about accusing him in such a way as to give him a Tryal neither were they obliged to do it butthat the Court might depend that nothing would satisfie him and the People (as he expressed him-self) but Grouts being immediately expelled the Court in such a manner as never to have the Privi-ledge of Practising as an Attorney—and then directing his Speech particularly to the first Judge said,if it is not done, We shall do something which I shall be sorry to be obliged to do which will makeyour Honour Repent not Complying with our Request or words to that purpose he was then informedby the Court that they would not Comply with his Demand or Request, upon which the Partyarmed with Clubbs as aforesaid who before stood facing the Court crowded nearer in a Riotousdisorderly manner and shewed signs of a Resolution to carry their Point by force, the Court findingit impossible to proceed to business in this Confusion and Tumult and to prevent any act ofViolence being committed while they were sitting as a Court Immediately adjourned to the nextday, Soon after which the said Stone and his Party seized the said John Grout in presence ofsome of the Judges of the said Court and foreeably carried him away, and that the High Sherif ofthe said County at the same time made Proclamation lor the said Rioters to disperse but to noeffect. And further this Deponent saith not.
Saml Wells.
Sworn before me this ninth Day of August 1770.
Danl Hor'smanden.
REPOET OF THE COMMITTEE OF COUNCIL
ON THE PRECEDING.
May it please your Honor
In obedience to your Honor’s Order in Council of the 14 th of August last, we have consideredthe Letter of his Excellency John Wentworth Esq r Governor of New Hampshire , of 10th Febyreferred to us, with his Memorial and the Depositions therewith transmitted; and humbly begleave to report thereon.
That these Papers respect certain Complaints against Samuel Wells Esq r , one of the Judges of theinferiour Court of Common Pleas and one of the Justices in the Commission tor the Peace, in the NewCounty of Cumberland; which is Part of that Territory formerly claimed by New Hampshire ,but by his Majestys Order in privy Council of the 20 th of July 1764, declared to belong to theProvince ot New York .
M r Wells is charged with Endeavours to frustrate the arrest of certain Persons prosecuted in thevice Admiralty Court of this Province, for cutting Pine Timber in a Tract called the Townshipof Windsor, granted under New Hampshire ; and with taking a Conveyance of tlieir Effects, pendingthe suits, to prevent a Recovery of the Penalty which the offenders had incurred.
He has been informed of these accusations, & in Vindication of himself laid before us his ownDeclarations upon Oath with the Depositions of William Dean, Willard Dean, William Dean Jun r ,