state great prejudice and partiality), they applied by petition in February, 1765, to the lieutenant-governor and council, and

had a hearing upon their case ; that in the proceedings before the lieutenant governor and council they were treated with great supercilious neglect, the claims of their adversaries countenanced partiality, and a decision given

and supported with apparent

against them upon the evidence of a deed of purchase of these lands from their ancestors, which deed they suggest to have

been fraudulent and counterfeit."

It

subsequently

appeared

that Phillipse obtained his patent five years before he made his purchase, in violation of the laws of the province, and there is

very little reason to doubt that he then obtained it from selfconstituted proprietors to cover a

That

most nefarious transaction.

NIMHAM and the Wappingers were unlawfully deprived

of the lands embraced in the present county of Putnam, may be regarded as certain. 2

NIMHAM'S tragic death, in Westchester county, has already been referred

The following account of the engagement

to.

which he sealed

in

his

devotion to the cause of the colonists

with his life, is from the pen of those against whom he fought, 3

American

historians refusing, apparently, to

do justice to the

memory of one who was wronged in his life and in his death

:

" Lieut. Col.

Simcoe, returning from head-quarters, the 3Oth of August, heard a firing in front, and being informed that Lieut. Col. Emerick had patrolled, he immediately marched to

He soon met him retreating