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

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about Twenty or thirty persons to the House of Brakenridge, That when the Sheriff came to the said House, and pushed at the door he found the same was Locked or closed so that entry could not be easily effected without violence, that this Deponent "saw a number of persons south east of the said House and another party north of the said House armed with guns who 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 barricaded the Door, and that a number of persons were in the House, That very few of the Posse accompening 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 capacity to resist them on equal Terms That therefore after. the Posse or part thereof had remained sometime by and near the House of Breakinridge they returned, that the said Sheriff Before the Posse had proceeded on their return above a quarter of a mile, that he had also a writt of possession for the farm of one Fuller and requested. him this Deponent and others to assist him in taking possession of the same, That this Deponent 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 unsuccessful in the attempt on Brakenridge and further this Deponent saith not. | Gyspert G.