AFFIDAVIT OF JOHN GROUT.

City of New York ss.

Joun Grout of Chester in the County of Cumberland attorney at Law practising in the Inferior Court of Common Pleas for the said County came this day before me and made Oath That sometime in the month of May last past Daniel Whipple Esquire High Sheriff of the County of Cumberland came to this Deponents House and demanded his Assistance as one of a Posse he intend-

638 CONTROVERSY RESPECTING THE

ed to raise in order to Retake one Joseph Wait and others who had escaped out of his Custody being Rescued by a number of armed men, That the said Sheriff Insisting upon this Deponents attendance this Deponent accordingly accompanied the said Sheriff as one of the Posse which amounted to abont 15.or 16 Persons to the House of the said Joseph Wait and he not being at Home and being informed that he was at the House of Benjamin Wait the said Sheriff with the Posse Proceeded towards the said House and had travelled but a little distance before this Deponent discovered a Body of Men approaching in a Riotous manner to the number of about Forty Persons who were armmed with Guns, Swords, Pistols, and Clubs, among whom were Nathan Stone, Joseph Wait, Benjamin Wait, and Samuel Stone the Persons whom the Sheriff wanted to Retake, together with Peter Levins David Stone Benjamin Thurston, Samuel Gridley, David Getchel, Jacob Getchel, Elisha Hawley, Ebenezer Horsington, Ebenezer Horsington Jun", Simeon Mills, Enoch J udd, Ebenezer Curtis, Solomon Emmons, John Benjamin, Andrew Norton, Jonathan Noble, John White, Samuel Whiston, Elnathan Strong, Joseph Thompson, Joseph King, Steel Smith and Aaron Bartlet since Deceased, that the said Nathan Stone marched before the persons so assembled in a Riotous manner armed with a Sword that the said Sheriff in the Hearing of the Persons so riotously assembled made Proclamation aloud in form of Law for them to Disperse, but without Effect soon after which the said Joseph Wait and some others of the Rioters Rushed upon the Sheriff & his Posse that the said Joseph Wait being armed with a Pistol] in his left hand, and a Club in his right Hand Struck at this Deponent twice with the Club which this Deponent avoided by suddenly retreating whereupon the said Joseph Wait levelled his Pistol at this Deponent, by which this deponent was put in fear and Dread of his Life, That the other Rioters thereupon in Gene