CONTROVERSY RESPECTING THE NEW HAMPSHIRE GRANTS.

44?

actions were there for the purpose of violently opposing the said Sheriff in the Execution of hisOffice. That this Deponent also observed that the said House had been put in a posture ofDefence there being a number of Loop holes made in it and by their having as this Deponent understood secured or baracaded the Door, and that a number of persons were in the House—Thatvery tew of the posse who accompenying the Sheriff were armed, That therefore this Deponent judgedit would have been rashness in the Sheriff and posse to have proceeded to violence in order to gainthe possession, as the certain consequence (in tins Deponents opinion) would have been the Loss ofsome of their Lives, and that without the posse being in a capacity to resist them on equal Terms—That therefore after the posse or part thereof had remained some time by and near the House ofBrakenridge they returned—That the said Sheriff before the posse had proceeded on their returnabove a quarter of a Mile, Told this Deponent and he believes others that he had also a writt ofpossession for the farm of one Fuller, and requested him this Deponent and he believes others toassist him in taking possession of the same—That this Deponent told the Sheriff that he wasready to attend him, but seeing that most of the posse made off for their respective abodes, he thisDeponent did also return, to which lie was the more readily induced from the consideration of thelittle probability there was that the Sheriff could succeed in gaining this latter possession when hehad been so unsuccessfull in the attempt on Brakenridge’s and farther this Deponent saith not.

Robt Yates.

Sworn this seventh day of October 1771 before me.

Abrm C. Cuyler Mayor.

AFFIDAVIT OF WM. PEMBERTON.

City of Albany ss: William Pemberton of the city of Albany Mariner of full age being duly Sworndeposeth and Saith. That sometime in July last past he this Deponent attended the Sheriff as partof the posse to assist him in takinge possession of the House and Lands that were in the possessionof James Breakenridge at Benningtown in the County of Albany , That when the said posse andSheriff had proceeded to a Bridge about half a Mile from the Said House, a Stop was made for someshort time, in order to see whether by the persuasion of the Mayor of Albany and some other Gen-tlemen who were gone to Brakenridge for that purpose they could not be prevailed on to Surrenderthe possession peaceably, That upon their return, and the Sheriff being informed that they wouldnot Surrender he ordered the posse to proceed over the Bridge to the said House and directedthis deponent to assist him in bringing on the posse and to use his endeavours for that purpose,That agreeable to this request he this Deponent endeavoured to prevail on such as appeared back-ward to come up, but in vain for above Twenty persons would not stir beyond the Bridge. That *he this Deponent then proceeded with the Sheriff to the House, and found that not above TwentyPersons of the posse attended him there, that the rest of the posse who had crossed over the Bridgekept back at some distance from the House notwithstanding the Sheriffs repeated request to thecontrary—That when the Sheriff came up to the House he this Deponent saw that a number ofpeople who appeared in opposition to the Sheriffs posse had taken possession of a small Ridge North°f the said House that another party of sucli men had the possession of a rising Ground South East ofthe blouse about 100 yards distance, that the House was Locked and a number of Loop holes madea s this Deponent conceives to be made use of to fire thro’ That this Deponent saw the Sheriff knock