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

Benj. Williams [This court martial involves men from the late Captain Trevor's Company]

[124] Wednesday the 6th May 1778

The Court being met pursuant to Adjournment.

Benj.n Williams, private soldier in the 55th Regt. of Foot, was brought prisoner before the Court & accused of stealing a Watch the property of Serj.t Struthers of the 42.d Reg.t on the night of the 29.th April Last.

Serjeant William Struthers of the 42.d Reg.t of foot, being duly sworn, deposed that between the hours of 7 & 8 o'Clock on the night of the 29th last Month, as he was passing thro' a Lane that leads from Front to Second Street, he was stopped by three Men, who demanded his watch, & one of them struck him on the side of the head, upon which he told them, that if they would not treat him ill, that he would give them what he had about him, when they put their hands into his Pockets & took from him his watch together with a Pocket Book & Black Leather Pencase & a Handkerchief; that upon getting clear of them, he went up into Second Street, & the Prisoner followed him the other two remaining about twenty yards behind, & when he got opposite to the Lamp, he laid hold of him & found the buttons of his Coat to be marked 55; & also took particular notice of his Visage, but he did not chuse to stop him that night as the others were so near, but on seeing him pass by in the Morning he followed him and tamed [?] him with having his Watch, & having treated him ill the night before, but told him that if he would bring him the Watch he would give him twenty shillings, & say no more to him about it, and the Prisoner then promised to bring it to him in ten Minutes, that upon the Witness saying it was a Villainous action to treat him thus who was also a soldier, & the Prisoner then said that [125] it was that which would keep the Watch from him; that after he was carried to the Barrack Guard, he again declared before Witnesses that if the Witness would give him twenty shillings he would bring the Watch in twenty Minutes.

Q. Is he certain that the Prisoner was one of the three who first stopt him?

A. He must have been one of them as there was nobody else in the Lane, & it was not a minute before he followed him when he /the Witness/ just held him long enough to mark his countenance & his buttons & then ran off for fear of the other two coming up. Arthur Thompson private soldier in the 42d Regt of Foot, being duly sworn, deposed that being in the Guard House of the 42.d Reg.t when the prisoner was brought there, he heard him tell Serjeant Struthers that if he would give him twenty Shillings he would bring him his Watch in twenty minutes, but upon the Serjeant pulling out a Guinea the prisoner refused to take it.

Alex:r Man Private soldier in the 42.d Reg.t of Foot being duly sworn, deposed that he heard the prisoner tell Serjeant Struthers, that he would find him his watch, if he would give him twenty Shillings.

John Read private soldier in the 42.d Reg.t of Foot being duly sworn, deposed that he heard the prisoner say, that if Serjeant Struthers would give him twenty shillings, he would produce him his Watch in ten minutes, but when the Serjeant offered him a Guinea, he refused it and said that he knew nothing of the Watch.

The Prisoner being put upon his defence [126] said that on the evening of the 29th April from seven to Eight he was employed in Carrying provisions and Tents with Gillespie & Belmayne, two other soldiers of the 55th Reg.t and the next morning when he met Serjeant Struthers, in a house, he was very drunk, & had some Women with him, who were also drunk; that upon hearing Serj.t Struthers say that he had lost his Watch the night before, & would give twenty shillings to any one, that would bring it to him, he /the Prisoner/ said that he supposed that some of those women had taken it, & he dared to say, could bring it to him in ten Minutes, he knew something of his Watch, & insisted upon Carrying him to the Guard; that when he was in the guard room, several of the men got about him, & asked if he had not said that he could find the Watch in ten minutes to which he answered that if they were to give him twenty minutes he could not find it, & the Serjeant then pulling out a Guinea offered it to him, but he would not take it, as he knew nothing of the Watch.

The Prisoner then called on the following Witness in Support of what he had alledged Viz.t

Will.m Gillespie, private soldier in the 55th Reg.t of Foot being duly sworn deposed that about 7 o'Clock in the Evening of the 29.th April, the Serjeant Major ordered the Prisoner together with Bellmayne and /the Witness/ himself, to carry the Tents and poles to the Reg.l Store, which they accordingly did, but there being nobody at the Store to receive them, they carried them back to the Serjeant Major; that this [127] took up about twenty Minutes, & he /the Witness/ then went to draw his provisions, but he does not know whether the Prisoner also went for Provisions.

Q. Does he recollect seeing the prisoner again that evening?

A. He recollects seeing him when the rum was served out, which was just after Roll was called at 8 o'Clock.

Catherine Garvey, being duly sworn, deposed that she is in the same Mess with the Prisoner; that about half after 6 in the Evening of the 29th of April, the Prisoner brought the Provisions into the room, & they were divided into seven parcels and as soon as each Mess had got their proportion, the Serjeant ordered the Prisoner and two other Men on Command, that the Prisoner was gone about half an hour & then returned to the room where he remained till the roll was called at 8 o'Clock, & she left him there a quarter of an hour when she went out.

Serjeant William Gunn of the 55th Regt of Foot [Trevor's Company, 1777] being duly sworn, deposed that between six and seven in the evening of the 29.th April, the Prisoner was employed in bringing in Provisions, & about seven he ordered the prisoner & three others to carry the Tents from the Serjeant Major's to the Regimental Store; how long he was employed on this duty he cannot tell, but upon calling the roll after tattoo beating at 8 o'Clock, the prisoner was then in the room.

Q. How did Serjeant Struthers say he had discovered the Person, who robbed him to be of the 55.th Reg.t?

A. He said that he took hold [inserted: of the Second Button] of the left Lapell [128] of his Coat.

James Eustace, private Soldier of the 55th Reg.t of Foot, being duly sworn, deposed that half an hour after five on the Evening of the 29th April, Serjeant Struthers was at his /the Witness's/ house, where he drank so much as to become intoxicated; that hearing him say that he was Orderly of the Company, and it being then near Eight opClock, he /the Witness/ advised him to go home in order to call the Roll, but he insisted upon having more liquor, & stayed in his /the Witness's/ house, and at the Door, full half an hour after the Gun fired at 8 o'Clock, & was very much in liquor when he went away; that next day the Witness upon returning from Market, met the Prisoner in the Street and invited him home to breakfast, & whilst they were drinking together, Serjeant Struthers came in, in Liquor, & said that two Sailors had robbed him of his Watch and other things the night before, that he /the Witness/ then went out for some more liquor, & when he returned he found a file of men at the Door, & he heard Serjeant Struthers say to the prisoner, that he believed that he was one of those who had taken his Watch, but he was then dressed in Sailors Cloaths.

Q. Did Serjeant Struthers never quit his house from half past five till half past 8 o'Clock?

A. He is positive that he did not.

Q. At what time did he see the Watch in Serjeant Struthers Possession?

A. He saw it in his hand at half past 8 o'Clock.

John Stewart, private Soldier in the 42.d Reg.t of Foot, being duly sworn, deposed that the Morning after [129] Serjeant Struthers lost his Watch, he saw him search his pockets, & he bid the Witness look in the bed for something that he had lost, which he accordingly did, but could not find nothing there; that Serjeant Struthers then quitting the room, & going into the Garret, the Witness said to the Men of the room that Struthers seemed to have lost something, & upon his returning, he asked him what it was that he had lost, and he answered that it was his watch,

Q. Was this on the same Morning that the prisoner was put in Confinement?

A. Yes.

Lieut Cosby Swindle, of the 56.th [sic -- 55th] Reg.t of Foot being duly sworn deposed that the Prisoner has been in the Reg.t since Nov.r last, and he has never known him to be suspected of dishonesty.

The Court having Considered the Evidence for and against the Prisoner Benjamin Williams, together with what he had to offer in his Defence, is of Opinion that he is Not Guilty of the Crime laid to his charge, and doth therefore Acquit him.

E. Markham L.t Col 46th
Confirmed W Howe

Step. P. Adye
D. Judge Advocate