Samuel Smith

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

Brunswick,11th June 1777

The Court having met according to Adjournment, Adjourned till tomorrow at 9 o'Clock. 12th June 1777. The Court having met according to Adjournment, proceeded to the trial of Samuel Smith private Soldier in his Majesty's 55th Regiment Accused of Desertion, to which Charge the Prisoner pleaded Not Guilty. The evidence to support the Prosecution not having arrived from Amboy, the Court Adjourned to morrow at 12 o'Clock.

13th June 1777. The Court met according Adjournment, and Capt: Graham of the 42nd Regt. having been taken ill Capt: Nixon of the 49th Regt. was Sworn as a Member in his room, after which the court proceeded in the Trial of the Prisoner Samuel Smith

Serjeant Irving of the 55th Regiment being duly sworn deposed that the Prisoner has received Pay & Cloathing as a Soldier in the said Regiment, and that he left the Regiment then encamped at Amboy without leave, on the 5th. inst:/ and to the best of his knowledge/ and he has not seen him since that till this day.

John Vrom an Inhabitant of Piscataway Township, being duly sworn deposed that about twelve at noon and/as he thinks/ Thursday Sen'night, being a little in front of the Advanced Sentries of the Light Infantry of the Guards, he observed a man coming towards one of the Sentries, and took notice that upon seeing the Sentry he turned about and went into a Wood, upon which he/the deponent/ with another Man, suspecting he was about no good, went round the wood to get between him & and the country, and upon coming near him they called to him to Stop, which he did. Upon the Deponent and the other Man coming up, the person that they had followed asked them if they belonged to the American party, which they said they did not, But as they saw he was a Soldier they said they would take him into the Light Infantry Company of the Guards, But he begged they would not, but allow him to go to his own Corps, because he said he would be taken up as a Deserter if he was carried to the Guards. However they thought it proper to bring him in. And he further deposed that the Prisoner is the man abovementioned. [53]

Q: From the Court. What distance is it from the place where the prisoner was stopt to Amboy?

A: Between twelve and fourteen Miles.

Q: from the Prisoner. Did he not say when he came up with him that he had been in liquor the night before & had lost his way in the Woods?

A: Yes he did.

David Drake an Inhabitant in Piscataway Township, being duly sworn deposed that sometime last week, he cannot be positive as to the day, being at work with John Vrom planting some Indian Corn, a little in the front of the advanced Sentries of the Light Infantry of the Guards, he observed a Man come from towards Quibbletown, and upon his seeing a Sentry upon a little rising ground, he remarked that he turned about and went into a Wood, upon which he/the deponent/ with John Vrom ran round the Wood to come up with him, to see who he was, that he called after him to stop, but the first time he only looked round & went on, and the second time he called he turned about & came towards him & John Vrom -- that when he got near he asked them if they belonged to the American Party, that they answered they did not, but to the King's Party, that they observed he was a -- Soldier and told him that the way he was going was the way to the Rebels, but that they would show him the way to the Guards. That he begged hard that they would let him go, because he said if they carried him back, he would be taken up as a Deserter. However they insisted upon his going with them, and they deliver'd him to the Guards -- and he further deposed that the Prisoner in the Man abovementioned.

Q: from the Court. What distance is it from the place where the Prisoner was stopt, to Amboy?

A: About fourteen Miles.

Q: from the Prisoner. Did he not say when he came up with him that he had been in liquor, the night before, and had lost his way in the Woods?

A: Yes he did.

Q: from the Prisoner. Was he not as he appears at present in the Court, without a Coat, or any other necessaries than those on his back? A: Yes. he was.

The Prisoner being put upon his Defence says that he got very much in liquor and fell fast asleep in the Wood near the Encampment of the Regiment, that when he was [struck out] awakened he did not know where he was, but he did every thing in his power to find his way back to the Regt. but could not, & wandered a great way off. And says that he took none of his necessaries, not even his coat out with him, as [54] he never had any intention to Desert, and calls upon the following Evidence to give Account of his Character.

Corporal James McPherson of the 55th Regiment, being duly Sworn deposed that the Prisoner joined the same Company that he belongs to, as a Recruit in Nov.r or Dec.r last, and that during that time till now, he was looked upon as a remarkable well behaved Man.

The Court having duly considered the Evidence -- against the Prisoner, and the Prisonerps Defence is of the opinion that the Prisoner Samuel Smith is Guilty of the crime laid to his charge, which is a breach of the first Article of the Sixth Section of the Articles of War, and he is therefore Sentenced to Suffer Death in such manner, and at such time & place as his Excellency the Commander in Chief shall be pleased to appoint.

Wm. Harcourt Lt. Col:
Q.s Reg.t Lt. Drg. Presid.t
A Ross Capt: 45th Reg:t
Dep J. A.

Approved, W Howe.