420

CONTROVERSY RESPECTING THE NEW HAMPSHIRE GRANTS.

to bring about the annexing that Country to New Hampshire , and the Confirmation of the Grantsof chat Government, That they accordingly have chosen select men & other officers, & held Townmeetings pursuant to the said charters.

D. And this Deponent further saith that he was present at the Riot and Opposition made on the19 of October 1769 to the Commissioners and Surveyor in the Partition of Part of WallumschackPatent, That he has perused the several Depositions of Thomas Hun John R Bleecker and PeterLansingh the Commissioners, containing an account of that obstruction and that the Facts thereinmentioned as far as they relate to the Riotous Behavior on that Day is true, That this Deponent isthe Magistrate mentioned in these affidavits That this Deponent read to the Rioters, the Riot Act,and commanded them in his majesty’s name to disperse, but neither that nor his Persuasions to themhad any Effect, until they had obliged the Commissioners to desist.

E. And this Deponent further saith that in the winter of the year 1770, by Virtue of a Law ofthis Province he issued as one of his Majesty’s Justices of the peace for the County of Albany , onthe application of two of his Majestys Subjects Process against four Persons, all of whom this Depo-nent understands live on the Patent of Wallumschack, and claim Lands there under one of the NewHampshire Grants That the Constable who had tiie Charge of serving these Processes made Returnto flu's Deponent in writing which he and one other Person made Oath before the Deponent and athird Person who was a Quaker affirmed the same that a great Number of Persons settlers thereaboutsunder the Grants of New Hampshire having their Faces blacked, and otherwise being disguisedassaulted him in the Evening and rescued from him Moses Robinson whom he had arrested byvirtue of one of the said Precepts, and afterwards while he was the same Evening in pursuit of thePerson rescued assaidted him again in the Highway, that he in his Majesty’s Name commanded themto disperse and surrender up his Prisoner, telling them they were acting against Law that thereuponthey damned the Laws of New York, and said they had better Laws of their own, and finally obligedthe said Constable and his assistants to fly for their Lives.

F. And this Deponent further saith, that since the obstruction given to the Commissioners asabovementioned the universal Report in that Country hath been, that the Claimants, under NewHampshire , thereabouts, had in general confederated to resist by Force of Arms, the Executionof the Laws of New York which might affect their Claims under New Hampshire and to opposein like manner the apprehending of any of them for any offences relative thereto.

G. And this Deponent further saith that on the Twenty ninth Day of November last to this De-ponents best Remembrance Henry Ten Eyck Esq 1 ' the Sheriff of the County of Albany came tothis Deponents House with a proclamation of his Excellency Lord Dunmore of the 1 st Nov 1 'last,by which the said Sheriff was commanded to apprehend Silas Robinson and others for a second Riotand obstruction to the Partition of Wallnmshack that the said Sheriff desired this Deponent as amagistrate to attend on that service, the Sheriff apprehending violent Resistance, that this Deponentwent with him keeping the woods as much as possible to prevent being discovered to the House ofEbenezer Cole, in whom this Deponent placed Confidence, that the said Cole and his son informedthem that the People of Bennington expected the Sheriff, and w-ere under arms, as they had beeninformed by many People passing the Road , and one of them advised this Deponent not to go,That nevertheless this Deponent the said Sheriff and his Deputy went to the Northern Bounds ofBennington where the said Silas Robinson dwelt, and apprehended him at his own Door, and imme-diately by the advice of the Deponent to prevent a Rescue, immediately proceeded back for theCity of Albany, by the same road they had come, tho’ the nearest Road lay thro Bennington, whichthey thought it not prudent to follow, understanding the Rioters were assembled about the House ofone Stephen Fay in the Town.—That the same Evening they lodged with their prisoner at the