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taken his goods from him; that he had taken a hat from him, which he usually sold at fifty shillings, and sold it for thirty shillings, and that he demanded satisfaction; that he turned to Mr. Smith, and told him he demanded a summons for him; that he understood it was for taking away his goods, to wit: the said hat; that he (the examinant) declined having anything to do with the affair, and left him. Being asked by Wooley whether he said he had no other demand against him, Mr. Smith says he does not remember that he Said he had no other demand. Captain Sands gave a relation of the transactions at Herrick’s. Thomas Wooley also related the affair in his own light; says he did apply for a summons; that Captain Sands had formerly had dealings with him; that he thought Captain Sands had acted illegally, and he intended to support his suit as well as he could. Mr. Sands related the charge of the challenge on the last field-day. Thomas Wooley says that he was summoned; the first day he appeared without arms; the second day he appeared and told Captain Sands he thought he had no right to call on him under arms; that the last day he determined not to insult him in the execution of his office; that Mr. Sands affronted by calling him a fellow; that in the interval, he called on him for satisfaction; that Mr. Sands told him he should have it; that he thought Mr. Sands’s answer entitled him to propose a sword, and small thing that would speak; that he had not arms of his own when Colonel Heard was in Queen’s County, which he told Colonel Heard; that he told Colonel Heard he had voted against Deputies; that he told him he had one which was left as a pawn for a debt, and which he has since sold to Mr. Allen; that he is willing to bear arms if it is the opinion of this Congress. Thomas Mitchell was called, and his deposition again read. Thomas Wooley says that he can prove by some of the guard that he did not threaten to prosecute the whole guard; that the Jailer said he was not a Jailer for the Congress; that he prevailed on the Jailer to keep him in his house till, next day; that the Jailer went to the Sheriff next day and returned, said the Sheriff did not think proper to detain him. Aspinwall Cornell says that he has seen the Deputy Sheriff since, who told him that Thomas Wooley would not stay with him; that he did not detain him, because he thought the Captain’s warrant not sufficient. The demand of the prisoner from the Jailer’s, by Captain Sands, was read; the Jailer’s answer thereon was read.* Being cross-examined by the defendant, he says that the defendant did not attempt to escape; used the guard well; but declared his opinion that Captain Sands had not power to commit him The parties and witnesses were ordered to withdraw into the City-Hall. The Congress took the premises into consideration, and after some time spent therein, Mr. Haring moved, and was seconded by Colonel Stoutenburgh, “That Thomas Wooley be immediately committed to the Jail of Queen’s County.” Debates arose, and the question being put thereon, it was carried in the affirmative, in manner following to wit:
Therefore Resolved, That Thomas Wooley be immediately committed Jo the Jail in Queen’s County. Thereupon a Warrant or Mittimus was made out and delivered_to Captain John Sands, in the words following, to wit: *To Mr. HOPE. MILLS, Jailer of QUEEN’S County— SIR: You are hereby desired to deliver into the hands of my Lieutenant Cornell and Sergeant Hutchings, the body of Thomas Wooley, delivered in your custody agreeable to my warrant to you directed Saturday night last. Given under my hand, this the 6th of May, 1776, in the District of Cow-Neck, Great-Neck, &c. JOHN SANDS, Captain. Mr. Hope Mills examined and saith: The reason why he did not confine Thomas Wooley was, .that he doubted the Captain’s authority to give him such order, and that the Sheriff disapproved of it. In the presence of me, JACOB WRIGHT. JAMAICA, May 8, 1776. Whereas it appears to this Congress, upon sufficient proof and after hearing of and defence made by Thomas Wooley, of Cow-Neck, in Queen’s County, Feltmaker, that the said Thomas Wooley has three times contumaciously refused to appear in arms in the Militia Company of the District in which he resides, commanded by Captain John Sands, and has challenged his said Captain to a duel for having done his duty in his office towards the said Thomas Wooley, and therefore appears to this Congress as a person whose going at large is dangerous to the liberties of America: It is hereby Ordered, That the said Captain Sands do convey the said Thomas Wooley to the common Jail of Queen’s County, and the Keeper of the said Jail is hereby ordered and required to receive the said Thomas Wooley into his custody, and him safely keep in the common Jail aforesaid, at his own expense, until further order of this or some future Provincial Congress or Committee of Safety of this Colony. Brigadier-General Gates informed the Congress that his Excellency General Washington has ordered all the Troops, except the Artillery Corps, immediately to encamp; that the General wishes some respectable citizens were appointed to take care of the houses, from which Troops are removing, to have them shut up; that his Excellency conceives that it may be necessary to have the houses cleaned, to prevent any infection or disorder to arise thereof in the City; and that General Washington is willing to give any aid in his power for that purpose. Ordered, That General Washington’s message be referred to the General Committee of the City of New-York, as within their proper department. Mr. Prince produced to the Congress two Receipts, both dated April 1, 1776, and signed by Wessel F. Wessels, for and on behalf of Peter T. Curtenius, Commissary, acknowledging to have received from Mr. Prince twenty-eight Sash Lead-weights, weighing four hundred three quarters and twenty-three pounds, taken out of the Exchange; as also seventy-nine Sash Lead-weights, weighing fourteen hundred one quarter and twenty-seven pounds, all gross weight, taken out of the Old City Hall, by order of the Committee of Safety, made and delivered to him on the 25th day of March last past. Die Sabbati; — ho. P. M., May 11, 1776. The Congress met pursuant to adjournment. Present: Brigadier-General Woodhull, President. FOR NEW-YORK.—Mr. Scott, Mr. Prince, Mr. Bancker, Mr. Beekman, Mr. Stoutenburgh, Colonel McDougall. FOR ALBANY.—Mr. Oothoudt, Mr. Cuyler, Mr. Glenn. FOR ORANGE.—Colonel Allison, Mr. Haring. FOR SUFFOLK.—Mr. Woodhull, Mr. Wickham. FOR WESTCHESTER.—Colonel Joseph Drake, Mr. Paulding, Colonel Lewis Graham. FOR ULSTER.—Mr. Wisner, Mr. De Witt, Colonel Palmer. FOR KING’S.—Colonel Van Brunt. FOR RICHMOND.—Mr. Adrian Bancker. Die Lunæ, 9 ho. A. M., May 13, 1776. The Congress met pursuant to adjournment. Present: Brigadier-General Woodhull, President. FOR NEW-YORK.—Colonel McDougall, Captain Denning, Mr. Beekman, Mr. Evert Bancker, Mr. Prince, Colonel Stoutenburgh, Colonel Brasher, Mr. Brasher, FOR ALBANY.—Mr. Cuyler, Mr. Glenn, Mr. Oothoudt. FOR ULSTER.—Colonel Palmar, Dr. De Witt, Mr. Wisner. FOR KING’S.—Mr. Leffertse. FOR SUFFOLK.—General Woodhull, Mr. Wickham. FOR ORANGE.—Mr. Haring, Colonel Allison. FOR WESTCHESTER.—Mr. Paulding, Colonel Lewis Graham, Colonel Joseph Drake. A Letter from Dr. Perkins,* bearing date this day, was * NEW-YORK, May 13, 1776. GENTLEMEN: Permit me to say I am informed there is no Surgeon appointed in Colonel Ritzema’sRegiment, and am directed by said Colonel to apply to this honourable House; being confident that merit and ability is the only motive in your choice, am emboldened to offer myself as a candidate for that service, and cheerfully submit to the examination of such gentlemen of the faculty as your Honours appoint, and have not the least doubt but you will do me the utmost justice accordingly. I have not the happiness to be acquainted with but few
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