(WO 71/84, Public Record Office, Kew) Crown copyright is reproduced with the permission of the Controller of Her Majesty's Stationary Office.

At a General Court Martial held at Philadelphia in the Province of Pennsylvania, on Monday November the 10th, 1777, by virtue of a Warrant bearing the date the 9th instant, from His Excellency Sir William Howe, Knight of the most Honourable 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, etc, etc, etc.

Lieutenant Colonel Charles Mawhood, 17th Regt of Foot President

Major Fred. Edward Gwyn 16th Dragoons
Major Duncan McPherson, 71st Foot
Captain John Hatfield, 43rd Foot
Captain James Wilson, 49th Foot
Captain Duncan Chisholme, 71st Foot
Captain William Gore, 33rd Foot
Captain Charles Grant, 42nd Foot
Captain William Cox, 5th Foot
Lieut. John House, 38th Foot
Lieut. Richard Croker, 5th Foot
Lieut. Charles Atkinson, 44th Foot
Lieut. George Duke, 33rd Foot
Stephen Payne Adye Esq. Deputy Judge Advocate

The President, Members and Judge Advocate, being duly sworn, Ensign Richard Power of His Majesty's 55th Regiment of Foot, came prisoner before the Court, and was accused of the Murder of Captain James T. Trevor, of the said 55th Regiment of Foot, and the following Witnesses, were examined, in support of the accusation vist.

Lieutenant Henry O'Hara of the said 55th Regiment of Foot being duly sworn, deposed that on Tuesday Morning the 4th Instant, as Captain Trevor and he were walking together Ensign Power came up to them, and Captain Trevor and he then went aside, but they shortly after returned, and had been walking together a few minutes, when Captain Trevor told the prisoner that he was going to the Common that Captain Trevor and he /the Witness/ continued their walk thither, and after they had got a little way on the Common, Ensign Power came up to them, and they fell into conversation, the Witness then proposed to them to make the affair up, but Ensign Power answered that he had been injured, and could not make it up, without an apology; the Witness then proposed to them to defer the decision of the quarrel 'till next morning, as Ensign Power had no Gentleman with him, and the Prisoner replied that he would do whatever was agreeable to Captain Trevor, but Captain Trevor refused to defer it, and insisted on going out, the Witness, finding that nothing that he could say, would avail, but that they were determined to decide it, he was unwilling to leave his Friend Captain Trevor, and they then begged that he would measure out the ground, and mentioned twelve yards; but he took eighteen paces, and made also a sweep with a small stick he had in his hand, in hopes from the distance being so great, that no mischief would ensue; that the Gentlemen then took their ground, and agreed to fire together; they both presented their pistols, Ensign Power fired, and Captain Trevor fell.

Q. Did he know any thing of a quarrel having happened between Captain Trevor and Ensign Power, previous to Ensign Power's coming upon him and Captain Trevor in the Street?

A. He had heard that there had been a quarrel between them but did not know the substance of it.

Q. Did Ensign Power specify what apology he expected?

A. He did not.

Q. Did Captain Trevor fire?

A. He did not.

Q. Did Captain Trevor put himself in a posture of defence?

A. He did.

Q. Had the two Gentlemen pistols, at the time they met in the street?

A. Captain Trevor's servant was following him with something tied up in a handkerchief, which the Witness afterward found, to be pistols, he does not know, whether Ensign Power had pistols at that time, but when he came up to the Common, there was a boy following him, with a great coat in which his pistols were wrapped up.

Q. Previous to Ensign Power's joining him and Captain Trevor in the street, did Captain Trevor tell him of his having had a dispute with Ensign Power?

A. Yes he told him that he had had some words with him two or three days before, but did not inform him what those words were.

Q. by desire of the Prisoner, Did not he, the Witness, go to Ensign Power near Smith's Tavern, and tell him that Captain Trevor wanted him on the Common?

A. Captain Trevor and he went together up to Ensign Power near Smith's Tavern, and the Witness said that Captain Trevor and he were going to the Common, and Captain Trevor said so likewise.

Hamilton Acheson, Surgeon to the 55th Regiment of Foot, being duly sworn was examined

Q. Did he examine the wound that Captain Trevor received on the 4th instant?

A. He did.

Q. Where was that wound?

A. On the right side of his head, about the temple.

Q. With what weapon did that wound appear to have been given?

A. It appeared to have been given with a ball.

Q. Is he of the opinion that the wound, was the cause of Captain Trevor's death?

A. He is of the opinion that it was, when he saw him he was in the agonies of death, and expired in about a quarter of an hour afterward.

The prisoner being put upon his defence, called upon Lieutenant Edwin Thomas Stanley of the 55th Regiment of Foot, who being duly sworn, and desired to relate the Conversation that passed between Captain Trevor and Ensign Power on the Evening of the 1st of November, he deposed that about 9 o'clock, an argument arose between Ensign Power and Lieutenant Gilfillan of the 64th Regiment, and the prisoner appeal'd to Captain Trevor, with regard to some part of it, which the Witness does not recollect, but Captain Trevor answered that he knew nothing of him nor wished to know any thing about him, or some such words; the Prisoner then replied that he did not care for Captain Trevor and an altercation commenced between them, which the Witness did not take any notice of, till towards the latter and when Captain Trevor told the prisoner, that he did not wish to sit with him, and that it was a pain to him, as he had never behaved himself like a gentleman, or an officer, and that if he (Captain Trevor) had commanded the Regiment, he should long since be out of it, that the Prisoner then got up and told Captain Trevor, to recollect what he had said, and walked out of the mess-tent.

Q. Did he see Captain Trevor and Ensign Power together or did he hear any conversation pass between them, between the 1st and 4th instant?

A. They dined together at the same table, but he did not hear any conversation between them.

Captain John Gillan of the 55th Regiment, being duly sworn, and desired by the prisoner, to relate what language he heard Captain Trevor make use of to Ensign Power on the night of the 1st instant, he deposed that he heard Captain Trevor say to him, "you have behaved very much unlike a Gentleman and an officer, ever since you have been in the Regiment, and therefore I advise you to get out of it as soon as possible." That this was all that he (the Witness) heard of the dispute, as he had gone out of the tent, and had just then returned.

Q. (By the Court) Did the prisoner make any reply?

A. He reply'd "It is very well Captain Trevor" and then went out.

Q. Did he hear Ensign Power give Captain Trevor any provocation to make use of such language?

A. He went out of the tent, and therefore heard only what he related before.

The Prisoner declined calling any other evidences, and rested his defence upon what had already appeared in the course of the trial.

The Court having heard and examined the evidence against the Prisoner Ensign Richard Power, together with what he had to offer in his defence, is of the opinion that the said Ensign Power is not guilty of the charge brought against him, and therefore the Court doth acquit him.

Cs Mawhood Lt. Col.
Confirmed W Howe
Step P Adye, Deputy Judge Advocate.