(WO 71/87, Public Record Office, Kew) Crown copyright is reproduced with the permission of the Controller of Her Majesty's Stationary Office.

[10] At a General Court Martial held at Brooklyn on Long Island in the province of New York, on Tuesday the 20.th of August and continued by Adjournment to Friday the 21.st August - 1778. by Virtue of a Warrant bearing date the 19th Instant from His Excellency Sir Henry Clinton, Knight of the most Honorable order of the Bath, General and Commander in Chief of all His Majesty's Forces within the Colonies laying on the Atlantic Ocean from Nova Scotia to West Florida inclusive &c. &c. &c.

Lt. Col. Robert Abercrombie, 37.th Reg.t of Foot, President

Members [written vertical in margin between columns]
Lt. Co.l Will.m Grant, 42 Reg.t Foot
Major Robert M.c Leroth, 64, Reg.t
Cap.t Tho.s Coppinger Moyle, 28.th Reg.t
Cap.t Henry Lysaght, -- 63, Reg.t
Cap.t Hamilton Maxwell, 71.st Reg.t
Cap.t William Norton, -- 44.th Reg.t
Cap.t Sir James Baird, 71.st Reg.t
Cap.t William Wood, -- 45.th Reg.t
Cap.t James Douglas, 15.th Reg.t
Capt. Hildebrand Oakes, -- 33.rd Reg.t
Cap.t Humphrey May, 46, Reg.t
Cap.t John Kennedy Strong, 64th Reg.t
Stephen Payne Adye Esq.r D. Judge Advocate

The President, Members, and Judge Advocate being duly sworn.

John Monk, Waggoner in the Quarter Master Generalps Department was brought prisoner before the Court and accused of stealing several pieces of broad Cloth, Blankets, &c. when posted to take care of the said articles, and the following Witnesses were examined in support of the accusation Vz. [11]

Catherine Fisher, Inhabitant of New York, being duly sworn, deposed that on Monday the 10.th Instant in the evening, the Prisoner came to her house in Bowery Lane and desired that she would let him put some broad Cloth and blankets into her house to day, and that he would give her half a dozen blankets, and as much Cloath [sic] as would make her a Cloak, and desired her not to mention it to any body, and she and she answered that if he had not come honestly by it, and it was found in their house, she and her husband would be punished for having it, but he said that if she would say nothing about it, he would not; that he came to her house the next day, and she saw him poking into the ground in a ploughpd field with a Stick, and was the so dirty that upon one of her Neighbors asking if that was the Man, who had been at her house the Evening before, and she answered that she did not know, but upon asking, him whether he was the person, he replyed that he was, and he again made her the same offer he had done the Evening before, and told her that the Cloth had been buried four days in the ground; that he was not drunk at either of the times that he came to her house, that the day the Prisoner was apprehended, she saw the Cloth taken out of the ground.

Sarah Bloome, Inhabitant of New York, being duly sworn, deposed that the Prisoner Lodged in her house, that she saw him one Morning bring in a bundle which he carried into his own room, but she did not know the Contents of it; and some days after she saw some remnants of Blue and red broad Cloth brought out of his room.

Jenkins M.c Anulty Waggoner in the Quarter Master General's department, being duly sworn deposed that he lodged in the same room with the prisoner, and about 10 days ago he came into the room in the morning with a bundle of blue broad Cloth, tied up in a piece of green cloth, and laid it down on the floor; that he (the Witness) desired him to let him [12] have as much as would make him a great coat and a Jacket which he consented to; that upon opening the bundle it was found to contain several Yards of red, blue, and green Cloth.

Q. Did he see any Blankets in his possession?

A. No

Q. Did the bundle appear to be dirty, or as if it had been buried in the ground?

A. No

Two bundles of broad Cloth being produced in Court, the Witness declared it to be according to the best of his opinion the Cloth that prisoners brought into the room.

Serjeant Richard Newton of the 63.r regiment of Foot, being duly sworn deposed that upon some broad Cloth, blankets, shoes, and other articles being found buried in a field, he heard the prisoner confess that he had taken three pieces whilst he was sentry over them, but afterwards said that he did not know what he had taken.

Lieu.t Gillfillan, Adjutant Quartermaster General, being duly sworn, deposed that upon learning of the Cloth and other articles being dug up out of a field, and being suspicious of the prisoner, from having been told from Mr. Bayard, & that he had been seen loitering about that field all day; that he taxed him with the theft, but he denied it, however on threatening him he confessed that he had taken three pieces of broad Cloth whilst he was sentry on Saturday night, the 8.th Instant and according to the best of the Witnesses recollection acknowledged that he had buried them in the field, that upon asking him if he had taken any more, he said that he had carried some remnants to the Room where [13] he lodged, and had given a part of them to his Comrades, that upon his (the Witness) going there, he found the remnants, which he knew to be the property of the Quarter Master General.

John M.c Michael, Conductor of Horse, in the Quarter Master Generalps department being duly sworn, deposed that he Commanded the Guard on Saturday the 8.th Instant, and posted the Prisoner as a sentry over the Cloth at ten opClock at night, there to remain ptill 12; and on the 10.th Instant upon his being apprehended, he heard him acknowledge to Mr. Gillfillan that whilst he was sentry on Saturday Night, he had taken away 3 or 4 pieces of broad Cloth, and that part of it was at one Bloomes, where he used to quarter and he had carried it.

The Prisoner having desired the Witness to speak as to his general Character; he deposed that he had not been long with him, but since he had, he never knew him guilty of dishonesty or misbehaviour [sic].

Jenkins Mc. Annulty, Waggoner already sworn, was again Examined.

Q. Did the prisoner lay at his quarters the night he brought the Cloth into the Room in the Morning?

A. No; he thinks that he was upon Guard.

Q. Was he not absent from his quarters two nights together?

A. Yes, and it was the first night that he was on Guard.

The Prisoner being put upon his Defence said that he did not take away any of the Cloth whilst he was sentry, but that he was so frightened upon Mr. Gillfillan putting a rope about his neck and threatening to hang him, he did not care nor know, what he said, being not only much [14] alarmed for his life, but in Liquor at the time; that the remnants of Cloath which he carried to his Quarters, [he found?] in a hall [hole?] on green field.

The Court having considered the Evidence against the Prisoner John Monk, together with what he had to offer in his Defence, is of Opinion that he is Guilty of the crime laid to his Charge, and doth therefore Adjudge him the said John Monk, to receive one thousand Lashes on his bare back with the Cats of nine tails.

Step. P. Adye Rob.t Abercromby
D. Judge Advocate President

H. Clinton, Confirmed