Nathan Gyer liberty to go out with his vessel the last time but one, and that said Gyer and his wife told him so too; and that when said Gyer was getting ready to go the last time, he (the deponent) was very uneasy, having heard very credibly that several strangers were in the place, whom he feared said Gyer had agreed to carry on board the ships of war, and went to Mr. Humphrey Avery to have the vessel of said Gyer prevented from going out; which not being likely to be effected, he, to be further satisfied, went and watched the shore until about nine or ten o’clock in the evening, when he saw the boat of Captain Jonathan Baker go from Daniel Nash’s Landing, (whom he expected had harboured these Tory strangers,) full of men, (as he took it,) and went round until against the house of Nathan Gyer, and alongside of said Gyer’s vessel, which he thinks they went on board of, and thereupon heard a gun fired on board said vessel, which he supposeth was a token for said Gyer and others to know they were got on board, and for them to come also. And said deponent saith, that the wife of said Gyer told him since that her husband, with two strangers, and others, went out of the house to go on board the same time the said gun was fired; and that, in justification of her husband, she said that Captain Jonathan Baker, one of the Committee, had given her husband leave and liberty to go this last time with his vessel and passengers; and the deponent declares, that from the foregoing, and the manner and situation in which he saw the boat of Captain Jonathan Baker next morning, and many other circumstances which were to him very strong and convincing, he judges, and does verily believe, that Captain Jonathan Baker lent his boat for that purpose. And the said Ananias Smith doth further declare, that he is a neighbour to Captain Jonathan Baker, and hath daily observed his language, manner of deportment, and general conduct, and doth seriously believe, from what he has seen of him, and from his general character, that he hath, for months past, spent the chief of his time in promoting of and carrying on a correspondence with our common enemies, and helping such amongst us to go on board the King’s ships of war, and daily busy in promoting disaffection amongst the inhabitants to the cause of America, and entirely believes him to be our inveterate enemy; and hath heard him say there was no order in this Committee, (of which he was a member,) nor ever had been.

Ephraim Marvin, Adjutant, being sworn, deposeth, That being sent by this Committee to Rockaway, to see whose guns were on board the vessel of Nathan Gyer when taken there by the Riflemen, and to apprehend Captain Jonathan Baker and others, and give orders to others to apprehend and secure them, if hereafter to be found, the deponent saith, that on his way thither he saw the horse of said Baker tied behind the house of Daniel Hart, and the deponent being alone, and apprehending said Hart would rescue said Baker from him (the deponent) should he attempt to imprison him, therefore the deponent went forward without discovering himself until he came to the Riflemen at Rockaway, who let him go on board the vessel of Nathan Gyer, which they had there taken with Nathan Gyer, Lazarus Gyer, and Ebenezer Scribner on board; and the Riflemen showed him a number of guns taken on board, from which they conjectured others had escaped from on board before they had taken the vessel; and the deponent saith, that upon examining and viewing the guns, he saw the guns belonging to and commonly used by Jonathan Baker aforesaid and Stephen Fountain, also the guns of Eliakim Jones and Joseph Scribner, and a number of other guns that he did not know, one of which was a Holland gun, with the upper side of the barrel flat from the lock to near the muzzle, and another that was a short musket with a brass round the stock below the lock. And the said deponent saith, that with three Riflemen, he went in pursuit of said Baker; and coming near the house of James Morris, he saw said Baker start from the fore door, and run, as he supposeth, through the house, and from the back door northward towards the woods, but was catched by the Rifle Sergeant. And the said deponent declares that, from the best circumstances he could learn, said Baker and Fountain, and all the above-named men, with many others, had been on board the vessel of Nathan Gyer—in her to have a passage to the ships of war in the King’s service.

Upon Adjutant Marvin’s declaring that the gun of Captain Jonathan Baker was amongst those taken on board the vessel of Nathan Gyer, Captain Baker said he did not know how it came there, and that this was the first he knew or had heard of his gun’s being from home, and said it was then in his house. Upon which it was alleged, that before the sailing of Gyer’s vessel, he had told Jehiel Weed (not now present) that he was going across his corn, and saw crows pulling it up, and went into the house for his gun, and it was gone, but who took her he did not know nor could not find out, but wished he could, saying he would not take ten dollars for it; which allegation said Baker offered to declare was false, and that said Weed, if present, would say so too, and so settle the truth of the dispute.

Mr. Josiah Saturly was called and sworn, and deposed, That being at the house of Justice Samuel Tobey, on the 23d of May, 1776, he heard Captain Jonathan Baker there tell Jehiel Weed that he was going, the other day, across his corn, and seeing the crows pulling it up, went into the house to get his gun, and it was gone, but who took it he said he did not know, but wished he did, saying he would not take ten dollars for it.

Mr. Samuel Saturly saith, after being sworn, That he was also present, and heard the same discourse of Captain Jonathan Baker, as above related by Josiah Saturly.

Ensign Benjamin Woodhull, being sworn, deposeth, That William Albertson, of Metchaboniack, on his return from Queen’s County, told the deponent that he there met Captain Jonathan Baker, who, after other discourse, asked said Albertson if he knew Ludlee, the boatman, at Metchaboniack, and if he would hire said Ludlee and his periaugur for the use of some gentlemen belonging towards the west end of Long-Island; and that said Albertson said he told said Baker he did not think Ludlee would be hired with his boat, as the times were very difficult; and that said Baker said, tell him to apply to me, and I will insure her; this being after the vessel of Nathan Gyer was taken at Rockaway.

Mr. Garret Degroat, being sworn, deposeth, That while he was a soldier he had, with Francis Bartoe, the care of Captain Jonathan Baker, being ordered to keep him in custody; and soon after taken, said Baker, upon coming to the fire in the house of Justice Samuel Tobey, he saw said Baker pull a paper out of his pocket, saying it was not a letter he had received from the men of war; and the deponent seeming to hesitate or scruple the truth of his word, thereupon the said Baker offered to let said deponent read it, but as the deponent reached out his hand to receive it to read, said Baker flung it into the fire, saying, You shall not read it, for it is only a letter I received from Mr. William Smith; and the deponent saith that the writing was large and black, but saith he did not know the handwriting, neither did he read a word of it.

Mr. Francis Bartoe, being sworn, saith he only, besides Garret Degroat, was present when Captain Baker burnt the letter or paper as related by said Garret Degroat, and that he (the said Bartoe) was not very near to nor in reach of said Baker when he burnt said letter, nor observed whether it was large or small writing, nor whether there was much or little of it, but saw it burn.

Mr. Philip Akely, being sworn, deposeth, That his son, John Akely, is from home, he knows not where nor what after, and hath not seen him since Friday last; he says his son seldom goes much abroad, and that the last time he was from home before now, he was not gone more than six days, if so long; and that his son’s gun is a short musket, with a brass round the stock below the lock, and agrees with the description Adjutant Marvin gave of one he saw amongst those taken on board the vessel of Nathan Gyer, and the last time he saw it or knew of it was some time past, when it was carried to the shop of Stephen Fountain to be repaired.

Mr. Stephen Akely, being sworn, deposeth, That Benjamin Smith has been much abroad lately, and that the last time he came home he had been gone several days, and he understands he is gone again, and says it was reported he went to go on board the ships of war; he saith the gun of this Benjamin Smith (son of John Smith) is such an one as Adjutant Marvin described on board the vessel of Nathan Gyer when taken, having the upper side of the barrel flat from the lock to near the muzzle, and is what is called a Holland gun.