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CONTROVERSY RESPECTING THE NEW HAMPSHIRE GRANTS.
New York Cumberland County. Willard Dean of full age personally came and appeared beforeme the Subscriber Oliver Willard Esq. one of bis Majesty’s Justices of the Peace in S li County andone of the Assistant Judges.
And being sworn on the holy Evangelists Deposeth & saith, that he, being a Resident in Windsorin the same County was about the twenty Ninth Day of August last made prisoner by one I3enj aWhiting on a Process that issued out of the Court of Vice Admiralty, & having been kept by S dWhiting and others he had given the care of the Deponent to, with great severity. Viz. Guardedwith loaded Pistols, Clubs, &c. And threatened to be shot, beat, &'■ the S d Whiting sent the Depo-nent , and bis Brother William (then a Prisoner) under the care of one Benj a Wait, & James Rose-brook, from Windsor, to Hinsdale, that passing thro’ Westminister, where the Depot pj s s<i Brother& their S d keepers lodged, Viz. at M r Ranneys : we there found M 1 ' John Grout Attorney at I.aw,and this Deponent & his S d Brother told him the usage they had met with & the Terrors they hadbeen kept under by S d Whiting, Wait and Rosebrook &° M 1 ' Grout then enquired of S d Wait, &Rosebrook, tire reason of their using the Deponant & his S d Brother with such Severities, & whetherthey had unduly behaved, and being answered by S d Wait, that the Prisoners had behaved in noway unbecoming, had shewn no Disposition to Escape, he then told S d Wait & Rosebrook, that it washis opinion, that Prisoners in Custody, who, during their being in Custody had continued to behavewell, & to be submissive to their keepers, ought not to be carried under the Terror of fire Arms, norbe threatened with beating & that he thought M r Whiting was much in fault, for Ordering, &suffering, the Prisoners to be under these Circumstances used in that manner, M r Grout then askedthe Deponent , & his S d Brother, whether they would promise not to make any Escape, to whichthey answered in the Affirmative. M r Grout then advised Said Wait & Rosebrook, to unload theirPistols , and to treat the prisoners with Tenderness & kindness, and furthermore told the prisonersboth, in hearing of Wait, and Rosebrook, as well as out of their hearing by all means to be Submissiveto their S d keepers, & that the escaping from them would be no advantage, but a great Disadvantageto the deponant, & his S d Brother, & that after the S d Grout had discoursed in this manner, witli S dprisoners, & S d keepers, they unloaded the Pistols . The Deponant & his S d Brother, having but alittle Money & their Father being at Springfield, they persuaded the S d Grout to ride to him, & givehim notice of their circumstances, & if possible procure some Money of him, to carry along withthem to New York : the S d Grout went from Westminister on that Journey, and at Hinsdale againmet the Prisoners, & M r Whiting on Sunday Morning.
M r Whiting informed the s d Grout that he intended to set out with the Prisoners by Tuesday Noon,across the Woods, to Albany. M r Grout informed Whiting of his Business to Springfield & desiredhim to tarry ’till he came back, even tho’ it should be until Tuesday Night. M r Grout left theprisoners, & Whiting to pursue the said Journey to Springfield, on Sunday Morning. Whiting withthe Prisoners set out on Tuesday after Noon, and before Grouts return. That after Grouts de-parture, viz: on the fourth of Septem 1 ' Sam 1 Wells & John Arms Esq r came to the House wherethis Deponent, his s d Brother, & Whiting were after some Civilities had passed between s d Wells, &Whiting as usual on the Meeting of Gentlemen, M r Whiting desired s d Wells to tarry there untilhe went across the River , to speak with one Jones, M r Wells tarried accordingly, & on Whitingsreturn some Conversation between them was had, by which it appeared by what Whiting said, thathe had some tho’ts of carrying the s (1 Prisoners to New York thro’ a part of Massachusetts Bay.M r Wells told him that (in his opinion) he had no Right to go with the said Prisoners thro’ thatProvince & 0 n Discoursing with Benjamin Wait, one of Whitings Assistants, M r Wells expressedhimself in the same manner, Representing it as bis opinion that Whiting had no Right to take s dPrisoners across the Massechusetts (tho says he) if the Law would Justify it, it would be much the