(WO 71/86 389-393, Public Record Office, Kew) Crown copyright is reproduced with the permission of the Controller of Her Majesty's Stationary Office.

[First page(s) not transcribed -- trial of Private John Harris. Tuesday, August 4th 1778]

[389] ä the Prisoner, upon calling the rolls at 8 o'Clock in the morning of the 27th of last month [July, 1778], was present, but on their being again called in the Evening, he was absent, and upon enquiry, he was found to have been missing since two o'Clock in the Morning, and they did not see him again till 2 o'Clock in the afternoon of the next day, when he was brought in by a Party of the 10th Regiment.

Q. Did he carry off his arms and Accoutrements or Necessaries?

A: He had had no Arms and Accoutrements or Necessaries given to him, since his having been exchanged as a Prisoner of War; a few days before.

Isaac Squirrel, Corporal in the 55th Regiment of Foot, being duly sworn, deposed that the Prisoner served in the same Company with him, previous to his being taken Prisoner at Princeton, and received his pay and Cloathing as a Soldier; that on the 27th of last Month, the Prisoner was at Roll calling at 8 o'Clock in the Morning when he warned him for a working party, but missing him soon after, he asked his Comrades what was become of him and they said that he was gone to the Cooking place; that not finding him return at the usual hour with the Men's Dinner, he went in search of him, but could not find him, nor did they see anything of him till he was brought in by a Party of the 10th Regiment.

Q. Did he carry off his Necessaries?

A. He believes not.

John Swaine, a Boy of 13 Years of Age, Inhabitant of Staten Island, being duly sworn, deposed that on Sunday the 26th of last Month, at about 6 o'Clock in the afternoon, the Prisoner asked him if there were any Troops quarter'd at Richmond, or opposite to Elizabeth Town point, and that he answer'd that he believed there were, that he then asked him where the Rebels [were], and on his replying that they were [390] all round, he asked him whether there were any Officers quarterpd at the neighbouring house, if there were any Boats laying off Elizabeth Town Point and if he knew of a good place to get off at; that he answered that the Officers came to that House to Dinner and that he did not know of any Boats at the point and of a good place to get off at, the prisoner then bid him not to tell any of the British Troops what he had said as it might damage him.

Q. Where did this Conversation happen?

A. About two hundred and fifty yards from the Camp near Decker's ferry.

Q. Did he tell any body of the Conversation?

A. He immediately told it to his Mother, who mentioned it to his Father in law, and he informed the Colonel of it.

Q. Is he certain that the prisoner was the person he had this Conversation with?

A. Yes he is.

Q. How was the Prisoner dress'd?

A. In a Rifle Jacket just as he is now, only he had a handkerchief tied round his waste [sic].

Q. What induced him to tell his Mother of it?

A. Because he took the Prisoner for a Spy.

Q. When the Prisoner parted from him, did he go towards the Water side or towards the Camp?

A. He went towards the Camp.

Jacob Spragge, private soldier in the Militia of Staten Island, being duly sworn, deposed that on the 28th of last Month, a little after sun rise in the Morning, one of his Neighbours came and informed him that there was somebody laying in his barn, upon which he went thither with him, but they could not at first find any body, but upon his Neighbour looking into [391] the stable part of the Barn, he thought that he saw something move among the Rye, which was laying there and upon putting a Pitch-fork among it the Prisoner, as it was afterwards proved to be, said that if they would not hurt him, that he would come out; that there had been two Men in search of a Soldier the night before, whom they described as being dressed in a Rifle Jacket, and suspecting the prisoner to be the Man, though he had no Jacket on, they asked him what he had done with his Jacket, that he first denied that he had one, but after some hesitation said that he had given it for his Supper at a House on the road, and on their Questioning him where that House stood, he then said that he had sold it on the road, but afterwards acknowledged that it was left in the Barn, where his Neighbour found it; that they then took him to the Commanding Officer of the 10th Regiment.

Q. Did the Prisoner say where he was going to?

A. He said that he was going to look for work.

Q. Where does the Barn stand?

A. It stands near the Water side, on the high road from the Blazing star to Amboy; he could not have gone much further that way except he had crossed the River to New Jersey.

Q. How far was it from where the 55th Reg.t lay?

A. About 12 Miles, and 5 miles beyond the advanced post of the British Army.

Q. Did the Prisoner appear to be drunk?

A. No, he did not.

The Prisoner being put upon his Defence denied his having ever had any Conversation with the Witness John Swaine, or intending to desert, but that having he said, got into a field to pick apples, he met with a Girl, who invited him to take a Walk with her, saying that she would give him something that was good; that he went back to the Regiment and put the Kettle on the fire and then went after the Girl, who had by [392] this time &c &c got forward near a mile, that she gave him some Cherry Brandy, and he ["they" has been scraped off and "he" substituted] walked on with her [another indistinguishable word has scraped-off and >with her< substituted] till they got to the sign of the ship, which was a ["the" has been scraped off and "a" substituted] place he had never been at before, but she pointed out a Road to him that she said would carry him to his Regiment and they then parted; but after wandering for some time in a Wood, he became very heavy with the liquor he had drank, and lay down to sleep; and when he waked again, the Sun was very low, and he was alarmpd at his situation, and not knowing which way to go, he walked on till he came to the Barn, where he lay down, and not knowing where he was; he was very much alarmed and surprised when the Militia Man awaked him, and does not know what he may have said about the Jacket or his intention of looking for Work [indistinguishable word scraped off, "for Work" substituted], not being sober at the time

The Court adjourned 'till next Morning at 9 o'Clock

Wednesday August the 5.th 1778.

The Court being met pursuant to Adjournment

Serjeant John Fagan of the 55th Regiment of Foot, who was called upon by the Prisoner, was duly sworn and deposed that the Prisoner was in the same Company with him before he was made a prisoner of War at Princetown [sic], and always behaved as an orderly and obedient soldier; that he (the Witness) was taken Prisoner at the same time, and whilst they were together in Connecticut, the prisoner complained to him of having been beat by some of the Rebel party for speaking words [393] that they termpd inimical to the American States, and he (the Witness) was told of this Circumstance by other Prisoners of War; that from his own knowledge the Prisoner always shewed the greatest inclination to return to his Regiment, and being at work in the Country, when an Order came for an Exchange of Prisoners, he voluntarily came to Hartford three days before the Exchange took place, in order to be included in it.

Q. Has he had any Conversation with the Prisoner since his last Confinement?

A. No other than upon his upbraiding him for having deserted, he answered that he had no intention to desert, but had been with a young Woman.

The Court having considered the Evidence for and against the Prisoner John Harris, together with what he had to offer in his Defence is of the Opinion that he is Guilty [underlined] of the Crime laid to his Charge in breach of the 1st Article of War of the 6th Section, and doth therefore adjudge him the said John Harris to receive one thousand lashes [underlined] on his bare back with Cats of nine Tails.

James Webster
P. Col 33 Reg.t

S. P. Adye
D. Judge Advocate

H. Clinton Confirmed