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Volume IV.
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CONTROVERSY RESPECTING THE NEW HAMPSHIRE GRANTS.

399

whereupon said Wells told him, that it was his opinion, That he had no right to carry them thro’Massachusets, (tho’ says he that would be the best Rhoad if the Law would justifie it) and advisedhim said Whiting, to go with the Prisioners, across the wood’s in the Province of New York toAlbany, & take that Road to New York Whiting soon concluded to go that Way: Mess rs Wells & Armsseemed to treat said Whiting with great respect, Drank with him freely & Discoursed merrily, andafter Whiting had concluded, not to go with the Prisoners thro’ Massachusets Bay, M 1 ' Wells merrily-said to him had you gone thro’ that Province I guess that Grout would have arrested you on behalfof your Prisoners for false Imprisonment (or to that purpose) a considerable Discourse merrilypassed in this way by M r Wells until Whiting seem’d angry and Expressed himself as tho’ he appre-hended M r Wells had sent Grout into Massachusets on that errand upon which M 1 ' Wells said, youought not to think so (or to that purpose) had that been the case do you think I would have advisedyou, not to go that way: I dont know that Grout is gone on that buisness, for I have not seen him:but I understand he has gone that way, Perhaps that may be his business. After Whiting wasgone and a Number of People in a Tumultuous way, followed him, as I was enformed, I understoodthat said Wells Issued his warrant to arrest some of them: and arrested them accordingly: and sev-eral times afterwards, I heard him said Wells speak of this Tumult with warmth, and said that heapprehended the people in it ought to be severely punished, and that lie would do all in his power tosee that they was punished, or to the same purpose.

Sworn this Twenty third Day of June, Anno Domini 1770. Joseph Lord.

(Endorsed) Daniel Whipple Esq Deposition.

New York Cumberland County ss. Ebenezer Fisher of Brattleborough in the county of Cumber-land and Province of New York Personally Come and Apeared Before me, Joseph Lord Esq r oneof the Judges of the Inferior Court of Common Pleas and one of His Majestys Justices of the Peacefor said County-, and being Duly Sworn Deposeth & Saith, that on Saturday Evening the SecondDay of September Last Past, this Deponent was at the House of Samuel Wells Esq r in the Town-ship of Brattleborough in said County of Cumberland, in Company with one Benjamin Whiting andsaid Sam' 1 Wells, said Whiting Told said Wells that he (said Whiting) had Two Prisoners at Hinsdale(viz) William and Willard Dean, which he was going to Carry to New York By vertue of writsfrom the Court of vice Admiralty of New York , said Wells asked said Whiting if he was agoingto Carry Them Down the River through the Massachusetts and Connecticut Governments, To■which said Whiting answered that he Did not know but he should, for he understood there wasProvision made for Officers of the Neighboring Governments to carry their Prisoners through themGovernments, by acts of Assembly (or To that Purpose)—said Wells Told him he Did not Recollectany such Act, and believed that there was none, unless it was made very Lately—however (saidWells to him) if there is such an Act it will be much easier to go that way—But you had Better besure of it before you go. Said Wells further Told him he could cross the woods without any GreatDifficulty, if he got a Pilot Part of the way—said Whiting was very urgent to have said Wells meethim at Hindsdale on monday morning the next.

This Deponent was at Hindsdale on the Monday next following said Second Day of September SaidWells, Whiting, & his two assistants Benjamin Wait and one Rosebrook—Present, Likewise the twoPrisoners above mentioned, and heard said Wells & Whiting, Discourse in substance the same asabove, with Regard to Carrying said Prisoners thro’ said Governments or a Cross the woods.

Sworn this ninth Day of July A. D. 1770 before me. Ebenezer Fisher.

Joseph Lord.