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.

Rosr Yates. Sworn this seventh day of October 3

1771 before me Apro C. CuyLer Mayor.

AFFIDAVIT OF WM. PEMBERTON.

City of Albany ss: Wiii1am Pemeerton of the city of Albany Mariner of full age being duly Sworn deposeth and Saith. That sometime in July last past he this Deponent attended the Sheriff as part of the posse to assist him in takinge possession of the House and Lands that were in the possession of James Breakenridge at Benningtown in the County of Albany, That when the said posse and Sheriff had proceeded to a Bridge about _ half a Mile from the Said House, a Stop was made for some short time, in order to see whether by the persuasion of the Mayor of Albany and some other Gentlemen who were gone to Brakenridge for that purpose they could not be prevailed on to Surrender the possession peaceably, That upon their return, and the Sheriff. being informed that they would not Surrender he ordered the posse to proceed over the Bridge to the said House and directed