1784.] RETALIATIONS OF THE YORKERS. 511 complish their object, and enraged by the grievances to which they had been subjected, they commenced an assault upon the house, and riddled the doors and windows with musket balls and buckshot. After firing about thirty times, wounding Major Boyden in the leg, and shooting a traveller through the thigh, they entered the building "in their common, desperate manner," as was subsequently stated, and having captured Waters departed with their prey.* The object of Farnsworth in remonstrating with the Yorkers was to delay their attack until the troops, who were quartered about a mile distant, could be informed of the danger with which the officers were threatened. But his efforts, as has been seen, were without avail. Satisfied with the result of their foray, the Yorkers surrounded the prisoner, and ordered him to accompany them. Under a strong guard they conveyed him on foot to the northern lines of the state of Massachusetts, where they fastened on his hands "a huge weight of ill-shaped iron," and consigned him to the care of two of the party, with orders to conduct him to Poughkeepsie. The news of the seizure reached Halifax on the night of the 17th, through the instrumentality of Lieut. John Noyes of Guilford, and produced an intense excitement. Horses and arms were immediately procured, and a company of fifteen ment led by Joseph Tucker started in pursuit. Knowing well the route which their opponents had taken, they followed closely in their track, and on the 18th reached Northampton, where they found Waters. They immediately rescued him, and at the same time secured his guards. Meantime Timothy Phelps, who had been entrusted with a number of dispatches and depositions which he was to deliver to Governor Clinton, had commenced his journey, and having reached Hadley, was visiting his brother, Charles, who was a resident of that town. Tucker and his party, who, to use their own language, were "then in high spirits," being unwilling to return without accomplishing some other exploit, determined In a newspaper account of this affair it is stated that "Waters voluntarily resigned himself up to the party." The court papers, and the other documentary testimony of that period, corroborate the version presented in the text. Thomas Scott, Stephen Gates, Timothy Woodward, David Williams. Elijah Phillips, Gorham Noyes, Joel Sumner, Philemon Stacy, Daniel Walworth, Rufus Fisk, Samuel Dennison, John Noyes, Caleb Owen, Thomas Farnsworth, Nathaniel Whitney.-Tucker's Petition. 1 to escort Timothy Phelps back to Vermont, in the same manner in which Waters had been compelled to leave that state. Concealing the object of their visit, they entered Hadley after nightfall, and on approaching the house where Timothy Phelps was lodged, asked to be admitted. Springing from his bed and seizing his arms, Charles Phelps rushed to the door, but before he could reach it, Tucker and his men had forced an entrance. A severe struggle ensued, in which the owner of the dwelling was overpowered and thrown to the floor. As the rioters were proceeding to bind him, his wife appeared and claimed him as her husband. At the same time Timothy Phelps came forward, and the rioters perceiving their mistake allowed the supposed offender to arise, and seizing his brother secured him and departed, with the intention of confining him in Bennington jail, where he had already spent so many months. As soon as Tucker and his party had gone, Charles Phelps hastened to Elisha Porter, the sheriff of Hampshire county, and informed him of the occurrences of the evening. Warrants were immediately issued, a number of the local militia who were commanded by Phelps were placed under arms, a posse was also collected, and the whole party, thirty strong, mounted, and headed by the sheriff, were soon in hot pursuit. On reaching Hatfield, Waters's party had been joined by twelve more of the state troops of Vermont, and with this reinforcement they were pushing forward with as much speed as the circumstances would allow. Dashing on without once drawing rein, their pursuers followed with spirit and determination. At eight o'clock on the morning of the 19th the rioters were overtaken at Bloody Brook in Deerfield, where they had dismounted to refresh both themselves and their horses. Entering the room where they were engaged at breakfast, the sheriff exclaimed, "Where are these damned Vermonters?" and without giving them time to rally, the men of Hampshire county commenced the attack. The rioters, ignorant of the legal authority under which their opponents were acting, and taking them for Yorkers, resisted with vigor. In the midst of the struggle which was now becoming serious, the sheriff made known his official character, and pronounced the rioters his prisoners. Satisfied that resistance to such authority would be likely to terminate unfortunately, Waters and his party submitted to the sheriff, released Timothy Phelps, and were carried back to Hadley. There they were tried before three justices. Four of them were found guilty of 1784.] SENTENCE OF TUCKER AND HIS ASSOCIATES. 513 riotous conduct, and were adjudged to pay in fines and costs £21 8s. Tucker, in his relation of the affair, stated that this verdict was obtained through the instrumentality of Charles Phelps of Hadley, and that the views of the sheriff were so much changed when all the circumstances connected with the affair were made known to him, that he frankly forgave the Vermonters, although he had received more wounds than all the rest of his party, eulogized them in open court as "good fellows," and promised his assistance in the future "both as a gentleman and a magistrate," in preventing their fellow-citizens from being "carried through that vicinity by the Yorkers."* * On the 25th of February following, Tucker and his associates petitioned the General Assembly of Vermont who were then in session at Bennington, for a reimbursement of the expenses which they had incurred in these proceedings. Defending the course they had pursued, we did all this," said they, "solely out of loyalty and friendship to this government, and although we did not carry our points in everything, yet we prevented Mr. Waters from being now confined in New York, which doubtless the Yorkers would have gloried much in; and also obtained the favor of the officer in the Massachusetts state, before mentioned, which will, in all probability, be interesting to this state." Their petition was referred to a committee of three, who subsequently met and cousulted with a committee from the Council consisting of Ira Allen. The report of the joint committee was accepted on the 5th of March, and an order was passed directing the sale of so much of the estate of Charles Phelps of Marlborough, which had already been confiscated to the use of the state, as should amount to £49 138. 11d., the sum claimed by the petitioners. At this point the subject, it is believed, was dropped, and was probably never again revived.-MS. Accounts of the Capture of Waters, Tucker, Phelps, etc. Thompson's Vt. Gazetteer, p. 142. South Carolina Gazette, Feb. 2, 1784. CHAPTER XIX. THE END OF RESISTANCE. The gathering of the Vermont militia at Brattleborough-The number of the force -The march to Guilford in the snow storm-Spies-The Yorkers retreat-The fight at Packard's house-Sergeant Silvanus Fisk of the Vermont troops mortally wounded-Ethan Allen arrives with reinforcements-A number of Yorkers taken prisoners, and lodged in the jail at Westminster-The session of the Superior court at Westminster-Twenty-five Yorkers arraigned at the barTheir trial-Conviction-Sentence-Vermonters take Daniel Shepardson prisoner-Instruction to New York delegates in Congress-Report of joint committee of Senate and Assembly of New York on the late transactions-Additional instructions-William Shattuck-Charles Phelps-Offenders pardoned-Resolutions of the General Assembly and Council of Vermont-The militia force at Guilford reduced-David Goodenough-He and Daniel Spicer are fired on by a scout from Lieut. Knight's company-Spicer is killed-Barbarous conduct of the Vermont militia-Account of Daniel and Jabez Spicer-Lieut, Knight informs the Legislature of Vermont of the proceedings at Guilford-Action of the Legislature-Rumors of war- -The condition of Guilford-Governor Hancock's proclamation-County house at Windsor-Attempt to interest Congress in the controversy-Court of Inquiry held at Westminster-The Yorkers petition for pardon-Their request granted by an act of the General Assembly -Charles Phelps pardoned-Letter of citizens of Brattleborough and Guilford to Gov. Clinton-Improved condition of Vermont. In the midst of these transactions, Colonel Church and Major Evans wrote to Governor Clinton, begging him to adopt such measures as would tend to their relief, and free them from the oppressions of the Vermonters. In their letter of the 16th of January, they informed him, that they were forced to be under arms day and night; detailed to him the names of those who had been imprisoned; and, filled with the dread of their foes and ready to believe every rumor which might be suggested, reported that an army of four hundred or five hundred Vermonters were already stationed in separate divisions at Brattleborough, Marlborough, and Halifax, ready to "kill, burn, and destroy all before them." These representations, although exag 1784.] THE NUMBER OF THE FORCE. 515 gerated, were destined to be verified, in part, during the following week. The seizure of Waters had confirmed the Vermonters in the determination they had taken to subdue the Yorkers by military force, and the time had now come for the execution of this design. The colonels of two of the nearest regiments were immediately informed that the period for action had arrived, and were requested to collect their companies and proceed without delay to the seat of war. On Saturday the 17th of January, the day succeeding the publication of these orders, troops began to assemble, towards evening, at the rendezvous in Brattleborough, the inn of Josiah Arms. On the following day reinforcements arrived from the neighboring towns, and the usually quiet village rapidly assumed the appearance of a military station. The quiet of Sunday was disturbed by the roll of the drum and the shrill notes of the fife. The place of worship was deserted, for all were interested in the contemplated proceedings. Those who acknowledged the government of Vermont, freely opened their houses to the soldiers, while those who owed allegiance to New York barred their doors, and carefully guarded every entrance to their dwellings. Bullets were moulded; guns prepared; belts furnished; buckles polished; dresses lacking in martial appearance were made more martial; and any arrangement which would tend to expedite the march was perfected. The number of men who reported themselves on the morning of Monday, the 19th, ready for service, was more than three hundred. The regiment of state troops, the command of which had been given to Col. Benjamin Wait, mustered nearly a hundred guns, and was officered by Lieut.-Col. Elijah Knight, Maj. Josiah Boyden, and Capt. Benjamin Whitney. Of the first brigade of the militia under the command of Gen. Samuel Fletcher, the first regiment was officered by Col. Stephen R. Bradley, Maj. Samuel Minott, Adjt. Eliakim Spooner, and Quarter Master Benjamin Burt. From this regiment there were now assembled a company from Townshend of fifty-three men, commanded by Capt. Josiah Fisk; one from Westminster of forty-four men, under the command of Capt. Silas Burk; one from Putney of twenty-seven men, in charge of Lieut. Ebenezer Parker; and one from Rockingham of twenty-two men, commanded by Capt. John Fuller. Of the regiment of Col. John Sergeants, belonging also to Gen. Fletcher's brigade, Capt. Isaac Wheeler commanded a company from Wilmington |