Against the perpetrators of some of the outrages which had been committed, bills of indictment had been found in a court of the United States, upon which process was directed to issue; and at the same time, process was also issued against a great number of non-complying distillers.
The marshal repaired in person to the country which was the scene of these disorders, for the purpose of serving the processes.

On the 15th of July, while in the execution of his duty, he was beset on the road by a body of armed men, who fired on him, but fortunately did him no personal injury.

At daybreak, the ensuing morning, a party attacked the house of General Nevil, the inspector; but he defended himself resolutely, and obliged the assailants to retreat.
Knowing well that this attack had been preconcerted, and apprehending that it would be repeated, he applied to the militia officers and magistrates of the county for protection.

The answer was, that "owing to the too general combination of the people to oppose the revenue system, the laws could not be executed so as to afford him protection: that should the _posse comitatus_ be ordered out to support the civil authority, they would favour the party of the rioters." On the succeeding day, the insurgents re-assembled to the number of about five hundred, to renew their attack on the house of the inspector.

That officer, finding that no protection could be afforded by the civil authority, had applied to the commanding officer at Fort Pitt, and had obtained a detachment of eleven men from that garrison, who were joined by Major Kirkpatrick.