this Deponent remembers right one presented his Gun to the Sheriff, the posse seeing which tried to persuade the Sheriff to lay down the axe and leave the House, representing to him the Dangerous consequences that would attend, for, this Deponent believes that if the Sheriff had not desisted from breaking into the House, not only those from within but likewise the party from the Fields would have fired upon the Sheriff and his Posse, and probably the Death of Several of them would have been the result, That when the Sheriff left the House he ordered his Posse not to depart for he designed to go to Fullers House, but notwithstanding his orders more than one half of the posse departed, and he was at last obliged (seeing so few attended him) to discharge the whole and further this Deponent saith not. Curis. P. Yares.

Sworn the 22th October 1771 before me

Vorxert P. Douw Judge

a

AFFIDAVIT OF GYSBERT G. MARSELIS.

City of Albany ss. Gysperr G. Marseris Esq? one of the Aldermen of the said City of Albany & one of his Majestys Justices of the Peace for the said City & County, being duly sworn deposeth and saith that he this deponent was summoned some time Last June or July by Henry Ten Eyck Junt Esq? high sheriff for the said City and County of Albany, as part of the Posse to assist him in Executing a writt of Possession for the Lands and Tenements recovered of one Brakenridge at'a place called Benningtown, that he this Deponent pursuant to such summons did 'go to the said place that the said Sheriff was attended to within about a quarter of a Mile of the said Possession, by about one hundred and Fifty men assembled by his command for the purpose as this Deponent understood of assisting him, he the said Sheriff required his said Posse to proceed with him to the said Lands and Tenements, That the greater part of the said Posse did attend him near to the said place and