That about the Fifth Day of January last, the Sheriff of Albany with one of his Deputies and another person in his Company came to this Deponents House and this Deponent having some short time beforeseen the said Sheriff in Albany 'with Writs of Possession in his Hands, in the four Actions of Ejectment tried at Albany as aforesaid the said Sheriff now told him he had been trying to execute two of them, against James Breakinridge, and Josiah Fuller above mentioned, but that he was opposed by a Number of armed men who had shut themselves up in the Defendants Houses, and threatened to blow his brains out if he proceeded, which as the Sheriff informed the Deponent prevented his executing either of them That the said Sheriff went the next Day for Albany declaring his Business obliged him to be there, the'County Court coming on very soon. That he left his Deputy at the Deponents House with the Writs of Possession against Samuel Rose and Isaiah Carpenter. That

Vox. rv. 44

690 2 CONTROVERSY RESPECTING THE

on Monday the Seventh of January last the said Deputy Sheriff with this Deponent and Twelve other men whom the Deponent had procured to aid the Deputy Sheriff who feared alike violent Resistance, proceeded*to the House of the said Isaiah Carpenter in order to serve the said writ of possession against him--That when they came there they found the House shut up, tho' it was "early in the Morning--That the Sheriff knocked at the door and declared his Business, upon which the said Isaiah Carpenter threatened to blow out the brains of any Person who should attempt to take possession--That the Deponent tried to persuade the said Isaiah Carpenter to open the door and not resist the Execution of the Laws, but without Effect--That thereupon the Sheriff and his Party proceeded to break into the House, which being effected in az Instant, this Deponent jumped in and seized the said Carpenter with his Gun in his Hand ready to fire, the Sheriff and the rest of his Party following this Deponent--That they found two other men in the said House Claimants under New Hampshire, and two more Guns in the Corner of the Room, one of them loaded with powder & Bullets, and the other with ~ Powder and kidney Beans--That as soon as full possession was. gained, it having by the Attorney for the Plaintiff been signified to the Deponent that he might do as he pleased with the said Carpenter and this Deponent being assured, the Proprietor would be pleased with his Shewing the Defendant Tenderness this Deponent put the said Carpenter immediately into Possession again, on his giving Bond either to agree with Major Small for the Lands, by the first day of May next, or on failure thereof : to surrender up the Possession on demand: