~ north of the said House armed with Guns who this Deponent

judged by their appearance and actions were there -for the purpose of violently opposing the said Sheriff in the Execution of his Office. That this Deponent also observed that the said House had been put in a posture of Defence there being a number of Loop holes made in it and by their having as this Deponent understood secured or baracaded the Door, and that a number of persons were in the House--That very few of the posse who accompenying the Sheriff were armed, That therefore this Deponent judged it would have been rashness in the Sheriff and posse to have proceeded to violence in order to gain the possession, as the certain consequence (in this Deponents opinion) would have been the Loss of some of their Lives, and that without the posse being in a capacity to resist them on equal

734 CONTROVERSY RESPECTING THE

e

Terms--That therefore after the posse or part thereof had remained some time by and near the House of Brakenridge they returned--That the said Sheriff before the posse had proceeded on their return above a quarter of a Mile, Told this Deponent and he believes others that he had also a writt of possession for the farm of one Fuller, and requested him this Deponent and he believes others to assist him in taking possession of the same--That this Deponent told the Sheriff that he was ready to attend him, but seeing that most of the posse made off for their respective abodes, he this Deponent did also return, to which he was the more readily induced from the consideration of the little probability there was that the Sheriff could succeed in gaining this latter possession when he had been so unsuccessfull in the attempt on Brakenridge's and farther this Deponent saith not.