On which the greatest Part of the Posse being retired being intimated by a considerable number of armed men on the South East & another Party on the north of said House at the Distance of about one hundred yard from said House : the Sheriff endeavoured several times to rally the Posse, but was left with this Deponent and about twenty others on the Spot, and once when the Sheriff knock'd with his Hanger against the Door this Deponent hear'd as it were the Cocking of Fire arms and looking towards the North (which the Door of the House faced) saw several men stand in the Posture of fireing, and verily believes that if the Sheriff had attempted to force open the Door that several Lives would have been lost, and as the Sheriffs Party were unarmed (except a very few) this Deponentis convinced that the sheriff did all that a prudent man could do to obtain the Possession at said Brakenridge's and his Bad success there made it impossible for him to keep the Posse to go as he said to one Fuller's on a like Errand,

and further the Deponent Saith not J. RoorBack. Sworn this 10th October ~

1771, Before me Jacos C. Ten Eycx Justice.

an. cena EEeeeeeeeeneeone

AFFIDAVIT OF AB. 0. CUYLER.

City Albany ss: Aprauam C. Cuyzer Esq? of the City of Albany, being duly Sworn and Saith that sometime in July last VoL. Iv. 47

738 CONTROVERSY RESPECTING THE

this deponent was summoned by Henry Ten Eyck Esq Sheriff of the City & County of Albany, to assist him in Executing a writ of Possession for the lands &« recover'd of one Brakenridge at Bennington, that he this deponent did attend the Sheriff with his possi when about 2 miles from said Brakenridges possessions, he the deponent, was desired by the Sheriff & some of the Magistrates in the Posse, to go forward to speak to Breakenridge in order to prevail on him to give the peaceable Possession of the house & lands he then Occupied, and when he this depont came to about 1 mile from said Brakenridges house he was desired to stop & not proceed across a bridge on which an armed man stood with some others near to him, and when this depont had acquainted them that he wanted to speak to Brakenridge he was suffer'd to proceed on, after having pledged his honor that he had no ili design against the s¢ Brekenridges person, that this deponent did use many convinceing arguments with Brekenridge to prevail on him to give the possession to the Sheriff & his Possi, but all this deponent cou'd do wou'd not prevail on him, and it appeared to this deponent that he was determin'd with those about him to keep the Possession, that this deponent saw a great number of people assembled about Brekenridges house, and went to them & desired them in his Majestys Name to disperse which they seemingly did, that this deponent return'd to the Sheriff & posse & acquainted the Sheriff of what he had met with & tdld the Sheriff it was his opinion he cou'd not git the Possession, soon after the Sheriff required his Posse to attend him to the House of Brekenridge to take the Possession when but few of the posse wou'd come near the house that the deponent saw the Sheriff push at the door, which was closed that he cow'd not enter, that this deponent saw a great Number of armed persons near the house who were determined not to suffer the Sheriff & Posse take the possession, and that he saw a party level their arms towards the Sheriff & the few of the posse with him seemingly with an intent to fire on the first offer of violence by the Sheriff, that the deponent judged it would have ween rashness in the Sheriff and Posse to have proceeded to violence in order to gain the Possession, that the depont believes it cowd not have been effected & is of opinion that if the attempt