Home / O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. IV. Albany: Weed, Parsons and Co., 1851. / Passage

Documentary History of the State of New York, Vol. IV

O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. IV. Albany: Weed, Parsons and Co., 1851. 400 words

nesses and who the Witnesses were and that the said Benjamin answered and said that he had with him Subpcenas but that there were Blanks for the names which he was to fill up with such as he found capable of proving what was alledged against the Prisoners, and then serve them That this Deponent then enquired whether he had any Directions to give the Witnesses money for defraying the Expense of their Journey and that the said Benjamin said he should give to each of them two or three shillings Upon which this Deponent observed that if the Witnesses happened to be poor they could not possibly go that Journey with so small a sum the said Benjamin then replied that the Subpeenas required their attendance-under the Penalty of one hundred pounds that this Deponent then look'd into Jacobs Law Dictionary and found under the Title Subpoenas that the penalty was inserted only in Terrorem and the whole was not recoverable which 'he read to the said Binjamin Whiting but never imagined either.that or any thing else he had said or done would be charged upon him as a crime or Misdemeanor since his Intentions were entirely innocent and the whole conversation .that passed in substance as aforesaid was the mere Effect of Curiosity and for bare Information--And this Deponent further saith that on Monday the fourth of September according to Mr Whitings Desire he met him the said Benjamin Whiting and the said Ebenezer Fisher at Hindsdale aforesaid but that Mr Jones was not there that the said Benjamin Whiting desired this Deponent to tarry there till he and Major Arms went across the River to Mt Jones that this Deponent waited accordingly and upon his the said Whitings Return he told this Deponent that Mr Jones had-directed him to release the said Ebenezer Fisher and he did then release him accordingly and this Deponent further saith that they the said Benjamin Whiting and this Deponent then had a further conversation relative to the Road he intended to take to New York of the same purport with that above in substance related and the said Benjamin Whiting then informed this Deponent that Mt Grout was gone into Massachusetts to inform Capts Dean, Father of the said William & Willard Dean of what had happened upon which this Deponent replied that if that was the Case Mr Grout would