Leisler very early the next morning did send again to Co' Sloughter to come & receive the fort & accordingly did deliver the same of his own accord & without Compulsion from the Burghers who laid down their Arms upon Captain Leisler's Command but after the said Captain Leisler & M"* Milborne & divers others were made prisoners & the Burghers disarmed but two days before the Govenor arrived Ingoldesby fired upon the fort, & some few Shots were fired from the fort during which a man was killed of Ingoldesby's Side who as this deponent was told by Ingoldesby's men was shot by themselves, they thinking he had been one of those belonging to the fort by reason he had no mark about his arm as were Used by Ingoldesby's men & this deponent further saith that whilst Ingoldesby, besieged the said fort Ensign Abraham Brasier, w^ho Command the Block house, did come & acquaint Cap* Leisler in the fort that the said Block house was in danger of being attacked by Ingoldesby's nien & by the french desiring order for Security thereof whereupon Captain Leisler in this deponent's presence did give orders, that in Case of any such attempt the said Brasier should fire a great [gun] from the Block House which should be answered by another from the fort. & then Captain Leisler would send to their relief but soon After new's Came that the Block House was surrendered. & so that no use was made of the said order & Brasier remaineth in the fort till after the arrival of Colonel Sloughter & this deponent heard Captain Leisler & M' Milborne declare after they Came from before the court, that they had appealed from the Judges there to his Majesty & desireth to be sent to England to answer what should bee objected against them, & further Saith not