540

CONTROVERSY RESPECTING THE NEW HAMPSHIRE GRANTS.

people from joining the Mob in their proceedings and 3 d, y That the Deponent had taken a com-mission of the peace under the Government of New York, and exercised his office as a Magistratefor the County of Charlotte, alledging that this Deponent well knew that they (the Mob) did notallow of any Magistrate there. That after the said accusations were so made the said Ethan Allentold the Deponent that he was at Liberty to plead for himself, if he had anything to say. That thisDeponent then demanded of him the said Ethan Allen and the rest of the pretended Judges whetherhe (this Deponent) had ever done Injustice to any Man in the Execution of his Office as Magis-trate 1 To which they answered that they could not charge him with any Injustice in the executionof his Office, nor had they any complaint of that kind to make against him ; the said Seth Warnerin particular declaring that they would as willingly have him for a Magistrate as any Man whatever,but that they would not under their present circumstances suffer any Magistrate at all. That theDeponent then asked the said pretended Judges whether they could accuse this Deponent ofbusying himself or intermedling with Respect to Titles of Lands! To which the said Ethan Allenanswered; in the Negative and that they had not heard, nor did they pretend to charge him withany thing of that kind. That the Deponent then added that with respect to their three chargesagainst him, that he admitted them to be true. That he had made such complaint to the Gov-ernment of New York of the proceedings of the said Riotors against the said Benjamin Spencer andothers. That he had used his Endeavours to dissuade people from joining the said Riotors in theirproceeding, and that he had accepted a Commission from the said Government for and exercised theoffice of a Magistrate for the said County of Charlotte, and that all this he had a good Right to doand looked upon as his duty. That after some farther argumentation the said pretended Judgeswithdrew to another House to consider of their Judgment and in about two or three Hours returnedto the door of the House, where the Deponent remained, and ordered him to be brought out neara Tree, where the said pretended Judges placed themselves encircled by a Number of armed Men,into the Midst of which Circle this Deponent was conducted as a prisoner by four men withdrawn Swords , and that thereupon the said Ethan Allen who all along acted as the chief or principaljudge pronounced the following sentence against this Deponent, which he read from a paper, whichhe held in his hand to wit, That they had erected a combination of judicious men for his Trial andhad accused him in the Manner before mentioned (repeating the accusation) That the Deponent had pleaded Self Justification which they (the said pretended Judges) had found insufficient toexcuse him from punishment, and that therefore their Judgment was that the Deponent should betyed up to a Tree and receive two hundred lashes on the naked Back, and then as soon as he shouldbe able should depart the New Hampshire Grants and not return again upon pain of receiving fivehundred Lashes. That upon some persons observing that he this Deponent ought not to be sufferedto return while Matters remained in their present condition, the said Allen added no, not ’till hisMajesty’s pleasure shall be known in the premises. That thereupon this Deponent immediatelyhad his Clothes taken off and he was stripped to the skin, and four persons being by the saidpretended Court appointed to carry the said sentence into Execution this Deponent accordinglyreceived the two hundred Lashes on his naked Back with whips of cords ; which Lashes wereinflicted by each of the said Executioners giving the Deponent alternately a Number of Lashes, tho’at the close he thinks he received from each of them ten. That the said Robert Cochran who declaredhimself to be Adjutant of the Rioters stood during the whole scene near this Deponent and frequentlyurged the said Executioners to lay on their Blows well and to strike harder and particularly repeatedsuch Directions with respect to the last ten inflicted by each of the said Executioners . Thatit was often mentioned by some of the Rioters, that if any of this Deponents Friends shouldintercede or in any Manner favour him they should share the same Fate. That the aforesaid