448

CONTROVERSY RESPECTING THE NEW HAMPSHIRE GRANTS.

at the Door and desire admittance and acquainted those in the House that he was the Sheriff ofthe County of Albany and had a writ of possession against that House—That those who were inthe House refused surrendering the possession by saying that they would not give up—That then theSheriff ordered the writt of possession to be read which was accordingly done, That he this Deponent ,seeing the men South East of the said House, went up to them that the Sheriff also came up tothem, that before they came to the place three of the party met this Deponent and the Sheriff anddesired them to be gone, and upon the Sheriffs requesting them to assist him in gaining the possessionand refusing to depart, these men gave notice to their party to cock their pieces which was accor-dingly done whereupon the Sheriff and this Deponent returned to the House. That he this Deponent judged that this party consisted of above forty men who were all of them armed with Guns, Thathe this Deponent and the Sheriff went to the party who had the possession of the ground North ofthe House, That when they had proceeded to a fence, they were ordered by the party not to comeover it—That the Sheriff asked them what Business they had there; That they then asked theSheriff what business he had there, that he the Sheriff informed them that he came there to takethe possession of Brakenridge’s House—That those people then ordered them to Depart and that ifthey did not they would make them Depart Whereupon the Sheriff returned to the House, and againpushed and knocked at the Door and requested admission tho’ unsuccessful!, that then the Sheriffcalled to one of his Deputies for an axe in order to break open the Door . That as soon as the Sheriffhad the ax the party lying South East of the House presented their Guns—and he this Deponentseeing that if the Sheriff proceeded to the forcing the Door , the consequence would probably be theDeath of the Small party remaining with him took hold of the Sheriff and prevented him fromendeavouring the forcing the said Door —That thereupon the posse returned—That the Sheriff thencommanded the posse to another place whereof he was to deliver the possession, that the saidposse refused attending him. And farther this Deponent saith not.

William Pemberton.

Sworn before me this 28 th Day of August 1771Volkert P. Do uw Justice.

AFFIDAVIT OF JOHN ROORBACK.

City of Albany ss. John Roorback, Esq r one of the Aldermen of this City, and one of hisMajesty’s Justices of the Peace for the said City & County : who maketh oath, that about the middleof July last he was summoned by Henry Ten Eyck Juw Esq 1 ' High Sheriff of the City & County ofAlbany, to assist in a Posse of the County to be raised by him in obtaining Possession of the House& Farm of James Brakenridge at Wallomskack by virtue of a writt of Possession to him directed.Issued out of the Supreme Court of Judicature of New York : in consequence of which Summons hewith many others attended the Sheriff to the House (said to be the said Brakenridge’s): that at theircoming theire they found (as they had been before inform’d) the House to appearance full of menand the Doors fastened and Loop Holes made therein as well as in other parts of the House whichhe believes were made to make Defence in Case any attempt of violence should be made on saidHouse : that the Sheriff demanded admittance which those from within refused, on which the Sherifftold them who he was & inform’d them of his Business and asked whether they were within hearingthey answered in the affirmative on which the Sheriff Standing at the Door with Robert Yates