Examination of Thomas Mitchell, of Great Neck, in Queen' s County, respecting the conduct of Thomas Wooley, of Cow-Neck Captain Sands, of Great-Neck, directed to arrest Thomas Wooley

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Thomas Mitchell, of Great-Neck, in the Township of Hempstead, in Queen' s County, being examined, says: That Captain John Sands, agreeable to the Resolution of the Provincial Congress, has called out his Company once a month to muster; that Thomas Wooley, of Cow-Neck, Felt-maker, within the district whereof Mr˙ John Sands is Captain, on two different days of mustering or training, would not answer to his name, nor appear in the ranks, or muster; that Captain Sands levied a fine for each neglect; that he (this examinant) was informed, by sundry persons, that the said Thomas Wooley applied to a Magistrate to have a suit brought against Captain Sands to recover back the fines which had been levied by distress; that on Saturday, the 4th instant, the Company was again called out to muster and train; that the said Thomas Wooley was there at the place of training, and refused to train, or answer to his name when called; that when he was called on Saturday last, he went to Captain John Sands, and spoke to him in an abrupt manner, and, about half an hour after, abused the Captain very much, and challenged the Captain to fight him with sword and pistol; that some days before this, he (this examinant) was informed that said Thomas Wooley challenged Captain Sands in the like manner, and that Captain Sands told him he should apply to the Committee if he thought himself aggrieved, and that Wooley said he knew no Committee, but would apply to a Magistrate; that Captain Sands' s Company were called to train on the first Saturday in April; that after the Clerk had, on that day, called his name three times, and he neglected to answer, Captain Sands said, Mr˙ Wooley, it seems you do not choose to answer to your name; that Wooley answered, I will so far answer as to let you know that you have no right to call me here, and that I do not consider myself as within your District. That on Saturday last, after the said Thomas Wooley had ill-treated the Captain and challenged him, and refused to answer when called, Captain Sands made out a warrant against the said Thomas Wooley, and sent him under a guard, with Aspinwall Cornell, his Second Lieutenant, to Queen' s County Jail; that he (the examinant) was informed that Hope Mill' s, the Jailer, when the prisoner was brought to him, said he was not a Jailer for the Congress, and thought he had no right to keep him; that he has been further informed, that on the next day the Jailer applied to the Sheriff, who, as this examinant was informed, directed him not to retain the prisoner without a warrant from a Magistrate; that the said Thomas Wooley was that day discharged; that the said Wooley publickly says, that the Captain' s warrant was of no validity, and threatens to prosecute the whole guard who went with him to Jamaica, in obedience to Captain Sands' s warrant.

THOMAS MITCHELL.

Sworn this 8th day of May, 1776, before me,

AB˙ BRASHER, Alderman.

Ordered, That Captain John Sands, of Great-Neck, be requested, without delay, to cause Thomas Wooley, of Cow-Neck, Feltmaker, to be apprehended and sent to the Provincial Congress or Committee of Safety, at New-York, under a proper Guard, at the sole expense of the said Thomas Wooley, and, with all convenient speed, to be further dealt with as the said Congress or Committee of Safety shall

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