All which is submitted, and your Memorialist prays such Relief on the premises as to your Honours shall appear just and expedient.

And your Memorialist shall ever pray &

New Hampshire 10th February 1770.

J. WENTWORTH.

AFFIDAVITS.

BENJAMIN WHITING Esq' of Newbury in the County of Albany and Collony of New York of full age Testifies and says that on the twenty eighth day of August 1769 he Received several Writs which had been Granted by the Honble Richard Maurice Esqr Judge of the Court of Vice Admiralty for the Province of New York, against several persons for Committing Trespasses in the King's Woods (by destroying White pine Timber within the County of Cumberland and Collony aforesaid) the Deponents also Received a deputation with full power to Execute the before mentioned Writs from Thomas Ludlow Esqr Provost Marshall of the said Court of Vice Admiralty for said Collony and on the 29th day of said August the said Whiting proceeded to Windsor in the said County and by virtue of two of the above mentioned Writs which he had against Williard Dean and William Dean Junt he apprehended their bodies and the day following Committed them to the care and keeping of Benjamin Wait and James Rosebrook who were to conduct them to Hinsdale in said County on their way to New York, While the deponent was gone to Execute his other Writs against other Trespassers, and on the second day of September following the deponent proceeded to Brattleborough in the said County and apprehended another person for a supposed Trespass of the Like kind and afterwards the Deponent, Called upon Samuel Wells Esqr one of the Justices of the Court of Common pleas and one of the Justices for said County to Let him know what the deponent had done, and also to Let him know that the deponent Expected the said Wells' Friendly aid as a Magistrate provided

there should be Occasion for it, as the deponent Imagined there was Danger of the prisoners being Rescued, the said Wells Expressed his dislike to the proceeding and said they were spightfull or Malicious actions owing to Governor Wentworth's being Disafected Towards the people on the West side of Connecticut River. The said Wells then asked the depont which way he propos'd to go with his prisoners to New York, the depot said he did not know, but that he should go thro' the Province of the Massachusetts Bay, the said Wells said he did not think the deponent had power to hold them in that province the depot said he did not know which way he should go, but determined before he set out to ask advice, The said Wells in presence of the prisoners which the deponent then had in Custody; asked the deponent which way he determined to proceed in order to get the Evidences to New York the deponent told him that he had a summons for the Witnesses and a Ticket to deliver each Witness and proposed to make the usual Engagement to them and if the Witnesses then neglected to attend they would then forfeit one hundred pounds sterling mentioned in the said Ticketts the said Wells then Reply'd that the penalty mentioned in said Ticketts could never be Recovered of the Witnesses if they did not attend agreeable to their summons or Tickett for the penalty mentioned in said Tickett was only in Terrorem which word said Wells Explained to the prisoners. The deponent then proceeded to Hinsdale with said prisoners Where he found John Grout an Attorney at Law in the County aforesaid advising with the before mentioned Deans; said Grout desired to know of the deponent which way he determined to Travell with the said Deans to New York, said Grout said he thought it best to go Thro' the Province of the Massachusetts Bay, Where provision was made by the Law of that Province that the deponent may Travel with his prisoners unmolested and in case there should be an attempt to Rescue the Prisoners he had a Right to Require the people of the County to assist him, but the deponent told said Grout that he should Take further advice before he set out, and on the monday morning following, being the fourth day of September 1769 said Wells Came to Hinsdale where the deponent and the said Wil

lard and William the said prisoners were and after said Wells having Opportunity to advise with said Willard and William, said Wells came and asked the deponent which way he had determined to go to New York, the Deponent told said Wells that he had determined to go across the mountains and Woods to Albany, the said Wells then said the deponent had better go thro' the Massachusetts, that he Imagined there could be no Difficulty attending his going Thro' that Province, and advised the Deponent to Go thro' the Province of the Massachusetts Bay, but the depot the day following set out for Albany across the woods with his prisoner and assistants, and on their way met said Samuel Wells, who said to the deponent then you are Determined to go acros the Woods, the Deponent Answered he had, said Wells then said he wished the Deponent had gone thro' the Province of the Massachusetts Bay for if he had said Wells said that Grout, meaning the before mentioned Grout, would have been Ready for the deponent and his Assistants at Springfield or some where along there, Who would have arrested the deponent and his assistants and Committed them to Goal, and the prisoners then would have gone at Large the said Wells then said that when he went to Hinsdale, the day before he had determined to send said Grout into the Massachusetts, to fix matters against the deponent got there with his prisoners, that the Deponent and his assistants might be arrested but the said Wells said when he got to Hinsdale he found that said Grout was gone into the Massachusetts for the last mentioned purpose. The Deponent then told said Wells that he thought it was the duty of a man in his Station to aid and assist an Officer in the Execution of his Office and not Impede him. The same Day the Deponent proceeded to Marlborough with the said Willard and William and in the Night time, the small Log house where the Depot with his prisoners Lodged was beset with a large number of Riotous men from Brattleborough and Guilford who behaved in a Very hostile manner and swore they would have the prisoners or pull down the house, they Tarried all night and Dispersed the Next day and further saith not

1

BENJA WHITING.

Province of New Hampshire.

January the first day Anno Domini 1770 Benjamin Whiting Esq" the above Deponent appeared personally before me One of his Majesty's Justices of the Peace for said Province and made Solemn Oath that the above Deposition by him subscribed was the Truth and Nothing but the Truth.

DANL JONES Jus: Paces.

City of New-York, ss. BENJAMIN WAIT of full age personally came and appeared before me Daniel Horsmanden Esqr Chief Justice of the Province of New York and being duly sworn on the holy Evangelists deposeth and saith that he is a Resident in Windsor in the County of Cumberland in the Collony of New York that on the 29th day of August last past One Certain Willard Dean and one Certaine William Dean Jun" were taken into Custody by Benjamin Whiting by virtue of process Issued out of the Court of Vice Admiralty of New York against the said defendants for offences and forfeiture therein said to be Committed and Incurred by the said defendants. That the said Benjamin Whiting at the Request of the said defendants who were then his prisoners Committed them that night to the Custody of the deponent. That on the next day the said Benjamin Whiting commanded the assistance of the depont to take Care of the said prisoners in bringing them to the said Court of Vice Admiralty at the City of New York and the prisoners desiring one Day to prepare for their Journey the said Benjamin Whiting Committed them to the care of the deponent and one James Rosebrook and Directed the said Rosebrook and the deponent to meet him with the said prisoners at Hinsdale in the said County of Cumberland, and that the said Benjamin Whiting then went in pursuit of other persons against whom he had other processes. That the said Benjamin Whiting left a pistol and some ammunition with Each of them the said Rosebrook and the deponent for their defence in Case any Injury should be attempted Towards them, or any attempt made to Rescue the said prisoners which there was great Reason to fear, That on the thirty first day of August

aforesaid the said Rosebrook, the said defendants and the deponent did set out to go to Hinsdale, and in their way to Hinsdale aforesaid, on the first day of September at Night one John Gront an attorney at Law in Cumberland County met them at Westminster and that night Insisted that the said Rosebrook and the deponent had not any Right to keep the said prisoners in the absence of the said Whiting and that they had not any Right to have or Carry Arms with them. That on the next morning the second of September before the Deponent and the said Rosebrook with the said Prisoners did set off on their way from Westminister to Hinsdale the said John Grout told the said prisoners not to go with the deponent and the said Rosebrook unless they Carried them by force and told the Deponent that they would have a Right to bring their Action against him, That the said John Grout also Insisted that the said prisoners should not go with the said Rosebrook and the Deponant unless they would unload their fire arms, or Draw the charges out of their pistols. That the Said Grout did Insist so much on the Deponent to Draw the Charges out of the said Pistols and Threatened him so much that he did unload both the said Pistols, and that the said Grout did then Insist that the deponent should burn all the ammunition which he and the said Rosebrook had with them which the deponant Refused and did not comply with. That the said prisoners Consented to go and did go with the deponent and the said where they again found the said Grout, and that the said Benjamin Whiting Came there that Evening with another person a prisoner, That the said Grout at Hinsdale Endeavoured to persuade the said Whiting to go with the said Prisoners Through part of the Massachusetts & Connecticut Governments and told him that the way thro' the Colony of New York across the Mountains was very Difficult thro' Mountains without a Road, and that thro' the other Collonies there was a Good Road and by Law a provision made for Leave and Authority for the Officers of other Collonies to carry their prisoners thro' those Collonies, That the Deponent Informed the said Benjamin Whiting of the before mentioned Conduct of the said Grout in his presence, and that Grout then told the said Whiting that the Deponent had not any Right to keep the said

Rosebrook to s