(WO 71/85 151-154, Public Record Office, Kew) Crown copyright is reproduced with the permission of the Controller of Her Majesty's Stationary Office.

Murdock McLeod, private soldier in the 42.d Reg.t of Foot, was brought before the Court, accused of Plundering.

Major of Brigade William Brown, being duly sworn, deposed that on the March from Edge Hill, he heard a noise of People screaming and crying out in a house, near the Rising Sun, that on riding towards the House, he met a Soldier whom he believed from his size and make to be the Prisoner, but as it was then dark he cannot speak positively to his face; that upon coming up to him, and asking him if he had not been in that House, or Words to that effect, he dropp'd several things, which Captain Hamerton, who was with the Witness, observing, & mentioning, he then endeavored to make his Escape, but the Witness came up with him and delivered him into the Custody of the Serjeant Major of the 4.th Reg.t that he askpd him his name and he answered that it was Murdock McLeod.

Q. Is he certain that the Man he delivered into the Custody of the serj.t Major of the 4.th Reg.t was the Man he saw drop the things?

A. Yes, he is.

Captain Michael Hamerton of the 55th [152] Reg.t of Foot, being duly sworn, deposed that on the 8th of Dec.r on the March from Edgehill in the Evening there was an outcry from a house on the road; a party was sent there & about the time the Party arrived, he heard some person cry out, stop him; that he turnpd off the road with an intention to do so, and perceived a Man coming through the field, apparently from the house, from whence the cries had been heard; that Major Brown, who was with him, rode up to the man & stopped him and he appeared from his uniform, to be of the 42.d Reg.t that immediately on his being stopt, he dropt some things, which the Witness alighted from his Horse, to examine, & found them to consist of shifts and other articles which appeared to be the dress of a Girl, about 12 years old; that whilst he was examining them the Man attempted to make his escape from Major Brown, & dropt some more things, which he/ the Witness/ likewise saw, & which consisted of some articles of the same kind, & a new Blanket, which he believes was the Prisoner's own; that Major Brown afterwards informed him that he had delivered the Man to Captain Grantps Company of the 49.th Reg.t.

Q. Does he know the Prisoner to be the Man?

A. He cannot pretend to say that he is, as it was then dark.

Q. Should he know the things again, were he to see them?

A. He thinks that he should know the shift in particular.

The different Articles being shewn to Captain Hamerton, he deposed that he was as positive to the shift & a short-jacket, as a Man could be in such a Case.

Peter Houghton, Serjeant Major of the 4.th Reg.t of Foot, being duly sworn, deposed that about 7 o'Clock in the Evening of the 8.th Instant, as the Army was on the [153] March, there was a great outcry from a house; that a Party of Dragoons was immediately sent thither, & soon after came down Major Brown & Capt. Hamerton, with the Prisoner and a parcel of things in a Blanket; that they desired him to examine the things & that he found them to consist of two Childrenps frocks, a pair of old breeches & a shirt or shift; that he delivered up the Prisoner to Capt. Grant of the 49.th Reg.t & the things to a Corp.l of the same Reg.t, that the Prisoner/ who he is certain was the person/ pretended not to understand English, but asked for the Blanket which he said was his own.

The several articles being shewn to the Witness he deposed that he was certain that some of them were the things he saw that night.

The Prisoner being then put upon his defence/ serjeant Hector Maclean of the 42.d Reg.t being sworn to interpret from the Erse to the English Language/ he declared that having been lately wounded & been on a flanking Party all that day he sat down in a field adjoining to the road, finding that he could not rest himself in the high way, on Account of the Troops passing by; that whilst he was sitting there he heard the outcry & got up in order to go towards the House when he met two Hessian Soldiers, coming from it, who called out to him shot-man, meaning Scotch-man & as they passed him they threw those things to him, he not knowing what they consisted of, when -- Major Brown came up to him.

The Court having considered the evidence against the Prisoner Murdock McLeod, together, with [154] what he had to offer in his defence, is of the opinion that he is Not Guilty, of the Crime laid to his Charge, and Doth therefore acquit him.

H.y Calder
Lt. Col.l 49th Reg.t
President.

Step. P. Adye.
D. Judge Advocate.

Confirmed, W Howe.