That he this Deponent judged that this party consisted of above forty men who were all of them armed with Guns, That he this Deponent and the Sheriff went to the party who had the possession of the ground North of the House, That when they had proceeded to a fence, they were ordered by the party not to come over it-- That the Sheriff asked them what Business they had there; That they then asked the Sheriff what business he had there, that

736 CONTROVERSY RESPECTING THE

he the Sheriff informed them that he came there to take the possession of Brakenridge's House--That those people then ordered them to Depart and that if they did not they would make them Depart Whereupon the Sheriff returned to the House, and again pushed and knocked at the Door and requested admission tho' unsuccessfull, that then the Sheriff called to one of his Deputies for an axe in order to break open the Door. That as sconas the Sheriff had the ax the party lying South East of the House presented their Guns--and he this Deponent seeing that if the Sheriff proceeded to the forcing the Door, the consequence would probably be the Death of the Small party remaining with him took hold of the Sheriff and prevented him from endeavouring the forcing the said Door--That thereupon the posse returned-- That the Sheriff then commanded the posse to another place whereof he was to deliver the possession, that the said posse refused attending him. And farther this Deponent saith not. WitiiamM Pemberton. Sworn before me this 28t» Day of August 1771 VoLtKErT P. Douw Justice.