the said Joseph Wait levelled his Pistol at this Deponent, by which this deponent was put in fear and Dread of his Life, That the other Rioters thereupon in General fell upon the said Sheriff and his Posse which they soon overpowered, and forceably and Violently Seized this Deponent and others of the said Posse, and Carried them to the House of the said Joseph Wait where the Sheriff was informed by the said Rioters that one at least of his said Posse so taken they would hold Prisoners until he the said Sheriff, this Deponent and some others should enter into Bond for Five hundred Pound according to the best of this Deponents Remembrance and Belief to be forfeited if the matters for which the said Sheriff was then attempting to take them were any further prosecuted, or if any of the Inhabitants of Windsor should be prosecuted at the then next General Sessions for any Crimes whatsoever, And further that the said Sheriff should Engage to make Return upon the Process against the said Nathan Stone, Joseph Wait, Benjamin Wait and Samuel Stone, that they could not be found in his Bailiwick-That after detaining this Deponent a Prisoner in the said House for upwards of Seven Hours the said Sheriff & this Deponent with the rest of the Prosse were set at Liberty and Suffered to Depart, And this Deponent further Deposeth that on the fifth day of June last while this Deponent was attending the Inferior Court of Common Pleas for the said County in the Business of his Profession at the Township of Chester in the said County one Benjamin Thurston and one David Getchel seized this Deponent then in the House of John Chandler Esq' Clerk of the Peace for the said County and forceably and Violently Carried him away from thence & were soon after joined by David Stone, Elisha Hawley, Enoch Judd, Ebenezer Curtis, Andrew Norton, Elnathan Strong, Joseph Thompson Steel Smith, Nathan Stone, Joseph Wait Benjamin Wait, Samuel Gridley Jacob Getchel Ebenezer Horsington, Simeon Mills, Solomon Emmons Jonathan Noble, Samuel Whiston, Joseph King, Ebenezer Heywood, Aron Bartlett since Deceas'd and some others to the number of near Thirty Persons who were armed with sticks & who surrounded this Deponent and after pulling, shaking and Twitching this Deponent with the utmost Cruelty forceably & violently hurried this Deponent along with them with the utmost precipitation to Charlestown in the Province of New Hampshire obliging this Deponent to walk the whole way thither being Twelve Miles distant from the said Township of Chester that on the Road they used this Deponent with great Incivility & Cruelty by pulling Twitching and Shaking him, that this Deponent remained in the Custody of the said Rioters at Charlestown aforesaid about Twelve Hours from whence they carried this Deponent to a place called Windsor in this Province distant about Twenty miles from Charlestown aforesaid that by means of the abuses this Deponent Received as aforesaid the great fatigue he underwent & the Grief and anxiety of mind & fear he laboured under, this Deponent felt himself much indisposed and Intreated that his ill state of Health might excite Compassion, notwithstanding which the said Rioters often threatned this Deponent & could hardly be prevailed on to allow him to retire to sleep altho he stood much in need of that Refreshment-That this Deponent was not suffered to write to his wife to Quiet her mind as to the dreadful apprehensions she must have Entertained of what had befallen him, nor to any other of his Friends but with the utmost difficulty & first submitting to have his Letters perused & approved of by the Rioters, That the said Rioters made use of the most shocking Threats to this Deponent in Case he should attempt to Escape, swearing that if this Deponent was anywhere between Heaven & Hell he should be taken again That this Deponent on Sunday the Tenth day of June aforesaid effected his Escape being detained six days a Prisoner in the Hands of the said Rioters-And this Deponent further Deposeth that on arriving at Charlestown aforesaid the Rioters in discourse said "we have now broke up the Court: if we thought we had not Effected it we would go back and bring away one of the Judges" (or to that purpose) and more than once asked this Deponent whether he thought

the Court would continue to sit, to which this Deponent answered (being willing to prevent any violence being offered to any of the Court) that he was sure they would not sit any longer. And further this Deponent saith, that from Chester to Charlestown the said Rioters were Commanded by Joseph Wait and from thence to Windsor by Nathan Stone. And further this Deponent saith not JOHN GROUT.

Sworn before me this ninth day of August 1770.

DANL HORSMANDEN.

AFFIDAVIT OF SAMUEL WELLS.

City of New York ss: SAMUEL WELLS of Brattleborough in the County of Cumberland Esquire one of the Judges of the Inferior Court of Common Pleas for the said County caine this Day before me and made oath that some time between the fourteenth and Nineteenth Days of May last this Deponent on his Return home from a Journey called upon Colonel Nathan Stone in Windsor who mounted his Horse and rode with this Deponent almost through Town, on the Road the said Stone and this Deponent discoursed concerning the High Sheriff not long before coming into Windsor to serve some Precepts, and his being opposed and threatened, the said Stone told this Deponent that he was determined that no writs or Precepts that Issued out of the Inferior Court or Courts of General Sessions of the Peace for the said County should be served in Windsor, or to that purpose; That the making a County was a sham and not a Reality, that the Patent or Ordinance for erecting the County was a Libel, as it suggested that its being erected into a County was Petitioned for, which he said was false, that it was never Intended that these Courts should Act in Trying Causes, that there was no Justice to be obtained in the County by means of the Corruption of the Judges Justices and other Officers, that they were ruled intirely by John Grout Attorney at Law, that he was determined to oppose their Authority, while he had a Drop of Blood in his veins; That friendship to this Deponent Induced him to bear this Deponent Company until he had passed by most of the Settlements in Town, and Intimated that if this Deponent should Ride alone through Town he would be in danger of being Assaulted by the People and have some violence done to him That this Deponent endeavoured by many arguments to Convince the said Stone of the danger of opposing the Execution of the Laws and exhorted him to alter his resolution and told him that if he and the People would for the future make no opposition to the free execution of the Laws it would be the most likely method he and they could take to induce the Civil authority to pass over the opposition already made in the Tenderest manner; that if Mr Grout or any of the Justices or officers whom he accused of bad conduct had done anything wrong the Law provided a sufficient Remedy and was the only way by which they could be punished & that this Deponent apprehended he had not given himself time to consider as he ought before he had formed his Resolutions. To which the said Stone replied that he had formed no Resolution about the matter on a Sudden, that his Resolution to oppose Writts being executed had been fixed at least five or six months before, and that while he had life he would oppose the Sherif, and that the people of that Place (meaning Windsor) and some other places would joine and stand by him to the last drop of their blood, That some time after this Deponent arrived at home, he was informed by Daniel Whipple Esquire high Sherif of the said County that he with the Assistance of fifteen or Sixteen men had made an attempt to Retake the same Persons in Windsor he had before taken into Custody & who had Escaped from him being Rescued by the said Stone and others, and the particulars of that Transaction. That on

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the Sunday next before the sitting of the Inferiour Court of Common Pleas and the Court of General Sessions of the Peace for the said County, Bildad Andrews Esquire came to this Deponents House and shewed him the Copy of a Letter which he Informed this Deponent was wrote by Israel Curtis Esquire one of his Majesty's Justices of the Peace for the said County residing at Windsor to one Webb residing in Westminister which gave reason to this Deponent to suspect that he the said Curtis together with the said Nathan Stone and a Number of others from Windsor Intended to assemble in à Tumultious manner at Court, this Deponent therefore as soon as Possible set out for Chester and on his way thither called upon Joseph Lord Esquire one of the Judges of the said Inferiour Court who accompanied this Deponent, that they both arrived at Chester the Evening before the sitting of the Court and communicated the Copy of the said Letter to Thomas Chandler Esquire first Judge of the said Inferiour Court and to some Justices of the Peace, but as the Copy aforesaid was not fully expressive of the Intention of the Tumult it was difficult for them to determine what measures to take-That on Tuesday the fifth day of June last the Day appointed for the meeting of the said Court, the said Nathan Stone together with Joseph Wait, Benjamin Wait, Israel Curtis, Enoch Judd, Joseph King, Steel Smith and a number of others amounting to about thirty as this Deponent believes appeared at the place where the Court were to sit in a Riotous and Tumultious manner the said Nathan Stone being armed with a sword, the said Joseph Wait with a Dagger or Hanger and the rest with large stave or clubbs and as it was feared by the Judges they designed mischief the said Thomas Chandler mildly demanded of the said Nathan Stone the reason of his being thus armed and desired him not to carry his Sword into Court (or to that purpose) the said Nathan Stone replied in a Low voice so that the Deponent is not able to say what was his Answer. The Judges soon after took their Seats and the Court being regularly opened according to the usual manner, the several Persons aforesaid and their Associates came into the Court House with their Hatts on and the said Nathan Stone and Joseph Wait armed as aforesaid (the said Stone carrying his Sword in his Hand) approached the Table before the Judges seat, while their Party, armed as aforesaid, stood at a small distance in a Body facing the Court. Then Stone demanded of the Court what business they had to sit there as a Court and said that he made this Demand in behalf of the Publick, in this he was seconded by the said Joseph Wait and the said Israel Curtis, and were answered by some of the Judges that the Letters Patent or Ordinance erecting the County and the Commission of the Pleas which were always read at the opening of the Court shewed their authority and all who wanted satisfaction ought to have attended to the reading of them, whereupon the said Nathan Stone Joseph Wait and Israel Curtis by many Arguments Denied the authority this Government had to errect the said County which the Court thought prudent to bear with, and not to make much answer to, but gave them to understand they should proceed to do the business then before them, Whereupon the said Joseph Wait, who stood Indicted with some others for a Riot, demanded an Immediate Tryal, That the Insolent behaviour of the said Joseph Wait, Nathan Stone and Israel Curtis; and the martial appearance of them and their Party armed and Ranged as aforesaid being considered, the Court apprehended it not prudent that the said Rioters should be then put on Tryal, as the Court and Jury could not be without fear if they were convicted, nor safe to refuse them a Tryal at that time, and oblige them to enter into Recognizance to appear at the Next Term, least they should resent it by some immediate act of violence. Therefore the Court informed them they might depart without entering into any further Recognizance-after which it was moved by the said Nathan Stone, Joseph Wait and Israel Curtis that John Grout an Attorney of the said Court should be disabled from practising representing him as a bad man, Upon which they were answered by the Court that if Mr Grout was a bad Man it was unknown to the Court that the Court entertained a Contrary opinion of him. However if they had any thing to accuse him

of they might apply to the Grand Jury and the Clerk of the Peace would assist in drawing any necessary Bill, or they might apply to a Higher Court, That Mr Grout if accused of any offence had a right to a Tryal, that the Court had not lawful authority to Comply with their Request and forejudge Mr Grout on a bare suggestion that he was a bad man supported by no evidence nor even the particulars of his bad Conduct pointed out. the said Stone and Wait then Replied they were not about accusing him in such a way as to give him a Tryal neither were they obliged to do it but that the Court might depend that nothing would satisfie him and the People (as he expressed himself) but Grouts being immediately expelled the Court in such a manner as never to have the Priviledge of Practising as an Attorney-and then directing his Speech particularly to the first Judge said, if it is not done, We shall do something which I shall be sorry to be obliged to do which will make your Honour Repent not Complying with our Request or words to that purpose he was then informed by the Court that they would not Comply with his Demand or Request, upon which the Party armed with Clubbs as aforesaid who before stood facing the Court crowded nearer in a Riotous disorderly manner and shewed signs of a Resolution to carry their Point by force, the Court finding it impossible to proceed to business in this Confusion and Tumult and to prevent any act of Violence being committed while they were sitting as a Court Immediately adjourned to the next day, Soon after which the said Stone and his Party seized the said John Grout in presence of some of the Judges of the said Court and forceably carried him away, and that the High Sherif of the said County at the same time made Proclamation for the said Rioters to disperse but to no effect. And further this Deponent saith not. SAML WELLS.

Sworn before me this ninth Day of August 1770.

DANL HORSMANDEN.

May it please your Honor

REPORT OF THE COMMITTEE OF COUNCIL

ON THE PRECEDING.

In obedience to your Honor's Order in Council of the 14th of August last, we have considered the Letter of his Excellency John Wentworth Esqr Governor of New Hampshire, of 10th Febr referred to us, with his Memorial and the Depositions therewith transmitted; and humbly beg leave to report thereon.

That these Papers respect certain Complaints against Samuel Wells Esqr, one of the Judges of the inferiour Court of Common Pleas and one of the Justices in the Commission for the Peace, in the New County of Cumberland; which is Part of that Territory formerly claimed by New Hampshire, but by his Majestys Order in privy Council of the 20th of July 1764, declared to belong to the Province of New York.

Mr Wells is charged with Endeavours to frustrate the arrest of certain Persons prosecuted in the vice Admiralty Court of this Province, for cutting Pine Timber in a Tract called the Township of Windsor, granted under New Hampshire; and with taking a Conveyance of their Effects, pending the suits, to prevent a Recovery of the Penalty which the offenders had incurred.

He has been informed of these accusations, & in Vindication of himself laid before us his own Declarations upon Oath with the Depositions of William Dean, Willard Dean, William Dean Jun',

Ebenezer Fisher & Daniel Whipple, with William Deane's bill of sale, and the affidavit of James Duane Esq, who was Proctor for the Defendants in the vice admiralty Court.

Upon examining these Papers, we cannot see sufficient cause to advise, either a Removal of Mr Wells from the Places he holds, or any Prosecution against an Officer, who we are informed sustains a fair Character, even in a District, where there are not wanting some Persons, to whom, from their attachment to the unjustifiable Claim of the Province of New Hampshire, & his zeal in asserting the Right and Jurisdiction of this Colony, he must be peculiarly obnoxious.

The Parties prosecuted had by Law a Right to convey away their effects, and Mr Wells's acceptance of the Grant, with the Caution, and in the circumstances & for the Ends proved by Mr Duane, we cannot conceive to be in the least Degree criminal.

And if your Honor & the Board of Council should concur in this opinion, we humbly beg Leave to advise, that copies of the Depositions which we now deliver in; may be sent to Mr Wentworth, in Justification of the Conduct of this Government, and to shew his Excellency our Readiness, to make diligent Examination into the Matters of his Complaint.

With Respect to the Request that the Lands granted in the Township of Windsor, under the seal of New Hampshire, may be declared to be forfeited for a Breach of one of the Conditions in the Patent, the Committee conceive, that advantages of broken Conditions expressed in Royal Grants, are to be taken in a legal course, by regular Prosecutions against the Patentee; and that it would be manifestly improper to order any steps for that purpose in the Present case, because we consider the Grant which his Excellency refers to, as merely void for want of Authority in the Government of New Hampshire, to issue Patents for Lands (as has been done in many Instances) on the West side of Connecticut River.

But when the New Hampshire Grantees (who have generally by the Moderation of this Government been preferred to others) pray for new Patents under the Great Seal of this Colony, we conceive that such as have shewn a Disregard to the Terms under which they settled, in articles injurious to the Crown, & such also as have been guilty of Infractions of the Laws for the Preservation of Masts for the Royal Navy, are unworthy of his Majesty's Bounty, & that their applications for Lands in this Government ought to be rejected.

All which is nevertheless humbly submitted this 25th Day of September 1770-By order of the committee

WM SMITH Chairman of the Committee. (Endorsed) The committee's Report on the order of Referrence of the 14th of Augt 1770 relating to the accusations agt Samuel Wells Esq & Judge of ye Common Pleas of Cumberland County. 1770 Sept 29. Read & appproved of and confirmed.

ADDITIONAL AFFIDAVITS.

New York Cumberland County ss. William Deane of full age Personally came and appeared before me Joseph Lord Esqr one of the Judges of the Superior Court, and one of his Majesties Justices of the Peace for the County aforesaid and being sworn on the Holy Evangelists Deposeth & saith.

That he being a Resident in Windsor, and having the Later part of August last, taken a journey from there to Springfield in Massachusetts Bay, Mr John Grout on the fourth Day of September last, came to him (the Deponent) and Informed him, that the Deponents two Sons Willard & William