The Documentary history of the state of New-York; arranged under direction of the Hon. Christopher Morgan, secretary of State. By E. B. O'Callaghan ...

738 CONTROVERSY RESPECTING THE
this deponent was summoned by Henry Ten Eyck Esqir Sheriff
of the City & County of Albany, to assist iim in Execunting a writ
of Possession for the lands &c recover'd of one Brakenridge at
Bennington, that he this deponent did attend the Sheriff- with
his possi when about 2 miles from said RBakenridges 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 2 mile from said iBrakenridges 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 lhe Was
suffer'd to proceed on, after having pledged his honor that he
had no ill design against the sd Brokenridges 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 himn 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 retutrn'd to
the Sheriff & posse & acquainted the Sheriff of what he lhad met
with &; told-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
cou'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
\ith him seemingly with an intent to fire on the first offer of
violence by the Sheriff, that the deponent judged it would have
been rashness in the Sheriff and Posse to have proceeded to
violence in order to gain the Possession, that the depont believes
it cou'd not have been effected & is of opinion that if the attempt