398

CONTROVERSY RESPECTING THE NEW HAMPSHIRE GRANTS.

were made Prisoners by one Benjamin Whiting on a Process that Issued out of the Court of ViceAdmiralty for the'Province of New York and that he said Whiting was going to carry them to theCity of New York for tryal, And that Whiting has agreed to tarry at Hinsdale with his saidprisoners untill Tuesday noon : That they were almost Destitute of money & had hired him to come& Enform this Deponent of their Cercumstances. And that unless this Deponent could reachHinsdale by Tuesday noon, it was likely his said Son’s would begone, so that this Deponent couldnot see them, without following them to Albany; as said Grout told him (the Deponent ) That Whitinghad not Promised to Tarry at Hinsdale longer than tuesday noon: And likely would then set outfor Albany. (That the Inf'eriour Court of Common Pleas was then sitting at Springfield, in whichCourt the Deponant had a Cause then Depending, and was obliged to attend the Tryal; which pre-vented the Deponent from arriving at Hinsdale untill Tuesday night, When Whiting had movedwith the Deponents said Sons, (agreable to what M r Grout had before told the Deponent ) fromHinsdale across the woods toward Albany That on the Deponents arriving at Brattleborough thenext morning he saw Judge Wells, and understanding by him, and others That the Process issuedfrom the Court of admiralty aforesaid was against the Deponent, as well as against his Sons—TheDeponent asked said Wells’s advice: And he advised the Deponent to go to the City of New York ,Immediately & surrender himself to the Marshal, & take tryal with his said Sons. That on thisMorning, News came to the Deponent & said Wells, of a Party of men that had followed the saidWhiting, & said Prisoners, The said Wells with M r Arms the then high Sheriff, set out on horsebackto Disperse the People: And botli said Wells and Arms shew’d a great Disposition to prevent anyViolence Sc c and appeared much concerned at hearing that the people, in a Tumult had followed asaforesaid. This Deponent thinks he has every reason to believe that said Wells was offended, & evenGriev’d, that the People was assembled in that Tumult, and that the Zeal that the said Wells & Armsshew’d on that occasion, leaves no Doubt in the mind of this Deponent, but that they would runevery risque to Disperse the People. The Deponent agreable to M r Wells’s advise, set out for theCity of New York , to surrender himself for tryal: And about thirty miles before he reached theCity, met M r Whiting Deputy Marshall who turn’d about, & accompanied the Deponent to tire NewGoal in the City where he was committed. The Deponent further say’s, That the said Grout was sofar from making his journey to Springfield to arrest Whiting and thereby help the said Prisoners toescape, that he informed this Deponent, That Whiting & the said Prisoners were going another wayviz 1 across the woods to albany.

Sworn this Twenty third day of June Anno Domini 1770.

Joseph Lord.

New York Cumberland County ss. Daniel Whipple Esq 1- now High Sheriff of the said County ofCumberland, pesonally came & appear’d before me Joseph Lord Esq r one of the Judges of the Infe-riour Court of Common Pleas for said County and one of his Majestys Justices of peace for saidCounty and being sworn on the holy Evangelists, Deposeth and saith. That some time the fore partof September last this Deponent was at the house of John Arms Esq r in Brattleborough in saidCounty in Company with said Arms, Samuel Wells Esq 1 ' M r Benjamin Whiting, Willard Dean &William Dean jun r and understood, that the said Whiting as Deputy Marshal had the said WillardDean & William Dean, then in his custody, on a Process that had Issued against them out of theCourt of Vice Admiralty of New York . That by Whitings Discourse it seem’d, lie was at a losswhether to carry the Prisoners thro’ a Part of Massachusetts Bay, or thro’ the Woods to Albany,