Mary Kiddy, 43rd Regiment, knows what is owed to her

Mary Kiddy was on her own in New York in January of 1783. Some money was owed to her, and it is because of this that we know of her existence. But the brief summary that was recorded leaves mostly questions about her life and experiences.

Mary Kiddy was married to William Kiddy, a soldier initially in the 34th Regiment of Foot and later in the 43rd Regiment of Foot. Thanks to muster rolls for these regiments, we do know a lot about him. He joined the 34th Regiment some time between 1761 and 1768 (a gap in the regiment's rolls prevent knowing when or where). In 1768 he was a private soldier in the 34th Regiment in Philadelphia. The following year, the 34th returned to Great Britain, spending the next several years at various posts in Ireland. By April of 1776 he was a corporal in the regiment's light infantry company, preparing to return once again to North America, this time part of the force bound for Quebec to dislodge American force besieging the city.

After a highly successful 1776 campaign and a winter in Canada, in the summer of 1777 the the 34th's light infantry was part of the expedition under General John Burgoyne that set out from Canada towards Albany. By the time this campaign ended in October, Kiddy was a prisoner of war, and spent the winter of 1777-1778 in a crude barracks outside Boston. From there the prisoners were moved inland to Rutland, Massachusetts. It was here that he fell ill, so much so that he was sent to New York in a cartel rather than going with other prisoners to Virginia.

In the summer of 1780 he was sufficiently recovered to return to active service. With most of the 34th Regiment still in Canada and his own company still prisoners of war, Kiddy was drafted into the 43rd Regiment of Foot. Muster rolls for the 34th Regiment's light infantry company end in early 1777, and the rolls for the 43rd record Kiddy as having "enlisted"in June 1780, with no indication that he had been in the 34th Regiment; if it were not for his wife, nothing about his time as a prisoner of war, or that the man in the 34th was the same man who joined the 43rd, would be known.

In April 1781 the 43rd Regiment sailed to Virginia, part of a reinforcement of British forces operating in the Tidewater area. Also that month William Kiddy was appointed corporal again, returning to the rank he had held for years in his previous regiment. During the summer they joined up with General Charles, Lord Cornwallis's army in Yorktown. It was there that William Kiddy died. The 43rd's muster rolls record his death as occurring on 24 October, but the 24th of the month is often used on muster rolls when an exact date is not known, so we cannot be sure exactly when he died. The cause of death is also unknown; he may have fallen ill in the deprived conditions when Cornwallis's army was besieged, been wounded during the intense artillery bombardment they endured, or fallen to some other cause.

Mary Kiddy was left a widow, which meant that she was entitled to her late husband's estate. In January 1783 a board of officers in the city of New York was hearing claims from soldiers who had been prisoners of war, escaped or been exchanged, and then joined different regiments, leaving their accounts with their previous regiments unsettled. Mary Kiddy went before the board and petitioned for her late husband's back pay and clothing due from the 34th Regiment, and she knew exactly what was owed: "three suits of Cloathing for 1776, 1777 & 1778 & a balance of 1.9.4 ½ due from the 34th Regt on the 17th Novr 1778, she also claims her husbands intermediate pay from the 17 of Novr 1778 to the 24th of June 1780, amounting at 8 per day to L19.10". Soldiers received a new suit of regimental clothing each year, and William Kiddy had not received his for the last three years that he was in the 34th; on the last day that his company's accounts were settled in 1778, he was owned one pound, nine shillings, four and a half pence; and he was also owed pay from the day of that last settlement and until the day he joined the 43rd Regiment. She computed the pay at the rate owed to a private soldier, which may be a simple error on her part, or may mean that her husband was reduced to private soldier after the last available muster roll in February 1777 and before accounts were settled in November 1778.

The brief record of Mary Kiddy's statement to the board explains that her husband was in the 34th, was left sick at Rutland, was exchanged and went to New York, that he joined the 43rd Regiment and died in Virginia. It says nothing of her experiences. When did they marry? Was she with him in Canada? Was she on the 1777 campaign, and among the prisoners in Rutland? Or did they meet and marry in New York? Did she accompany him to Virginia? Her statement reveals much about her husband, but little about her - including what became of her after January 1783.

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Michael Wright, 43rd Regiment, makes a bad connection

Before war broke out in America, there were already British troops on the continent. It was part of the British empire, and there were many places where local tensions required military presence to maintain order. In addition to frontier posts along the Ohio river and in Canada, there were the valuable islands in the West Indies where local natives resisted British colonial expansion. The most recent uprising had occurred fighting had occurred on the island of St. Vincent between 1769 and 1773, a conflict that came to be called the First Carib War. After a peace agreement was signed, British troops remained on the island including the 6th Regiment of Foot.

The outbreak of war in the thirteen mainland American colonies necessitated an immediate buildup of troops there. The 6th Regiment, along with others in the Caribbean, were sent to New York in 1776 to bolster the strength of Sir William Howe's army that was preparing for a campaign that, it was hoped, would put an end to the rebellion. Not long after their arrival, though, it became clear that the 6th wasn't up for campaigning in America after having spent a few years in the harsh Caribbean climate. In December 1776, orders were given that the regiment was to transfer all of its able-bodied soldiers into other regiment in America. The remainder, including the officers and non-commissioned officers, would return to Great Britain where worn out men would be discharged and new soldiers would be recruited.

Among the men drafted from the 6th Regiment was Michael Wright, who joined the 43rd Regiment of Foot. We know nothing of his background, including how long he had been in the 6th Regiment (no muster rolls survived for the regiment during this time period); he may have been a long serving soldier or a recently arrived recruit. Regardless, he was sent with other drafts from New York to Rhode Island where the 43rd was stationed. Initially, like the other drafts, he continued to wear his uniform from the 6th Regiment. Both the 6th and the 43rd had just received new uniforms for the year 1776, but it would take all winter for the clothing to be fitted properly to the men. Each regiment had tailors to do this work (Great Britain's thriving textile industry insured that there were plenty of skilled tailors among the men who enlisted in the army). When spring came, it is not known which newly-tailored uniform Wright donned - the one he'd recently received from his old regiment, or a new one from the 43rd Regiment.

Regardless, he didn't wear it long. The muster rolls show us that he died on 5 July 1777. There was no fighting on that day; although minor engagements occurred frequently in Rhode Island throughout that year, none correlate with Wright's demise. Muster rolls provide a record of many such unascribed deaths, and ordinarily we attribute them to illness for want of additional information. But in Wright's case, an officer of the Rhode Island garrison recorded the cause:

A Soldier of the 43rd Regt shot himself last night in the rear of the Camp. The discovery of a Connection he had with a married woman of the same Regiment, appears to have been the cause of this rash action.

Nothing else is known about the incident. All we know of this untold story is the tragic ending.

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Edward Hall, 43rd Regiment of Foot

At first glance, the case of Edward Hall of the 43rd Regiment of Foot seems typical enough. Hall, who had been enlisted in Yorkshire and became a grenadier in the regiment, was absent from the 8 PM roll call in Boston on 11 October 1774. Following typical procedures his serjeant went to his tent to see if his necessaries (shirts, stockings and shoes) were missing, for soldiers who intended to desert often took extra clothing with them. The guard at Boston Neck was informed to be on the lookout for the missing soldier, and his absence was reported to the officers of the 43rd.

In the mean time, Captain Robert McLeroth of the 64th Regiment was making his way towards Castle William on a road about four miles from the British encampment in Boston. At about 11 PM he came upon two grenadiers a few yards apart from each other. He asked the first one if he had a pass, upon which both soldiers turned and ran. McLeroth gave chase and caught up with the second one, Edward Hall. Hall immediately submitted to being caught, but seemed apprehensive for the whereabouts of his comrade, Timothy Bremer, also a grenadier in the 43rd. As McLeroth escorted Hall back to camp, Hall explained that they had had a liaison with a country woman from whom they had “often received pecuniary Favours.” They were intoxicated, and she convinced them to go to a house near Dorchester, but they both intended to return to camp by morning. They were on the way to the house when McLeroth came upon them.

Hall was given over to soldiers of the 64th Regiment who ferried him to Castle William and put him into custody. He was tried by court martial two days later. Witnesses from the 43rd and 64th recounted their experiences with Hall’s absence and capture, noting in particular that Hall offered no resistance

Serjeant Thomas Rookesby of the 43rd described in detail the process of determining the disposition of Hall’s necessaries. He first “went to the Prisoner's Tent to look for the Prisoner's Knapsack which he found with only one Old Shirt & some Spatterdashes in it.” This, of course, suggested that Hall had made off with his other shirt, shoes and stockings, and Hall was reported as a deserter. The next morning, however, Rookesby made a more detailed search and found “The Shoes in the Straw of the Tent one Shirt in his Comrade's knapsack & the other his Comrade had taken down to the Washerwoman” as well as two pair of old stockings in an unspecified location. Only two pair of stockings remained missing, far less of an implication against Hall.

Edward Hall’s defense was particularly lucid and he was earnest about his actions, admitting his unauthorized absence but making a convincing case that he had no intention of deserting. He called several witnesses who corroborated his assertions, and presented closing arguments in writing. In an effort to prove his character, he deposed “That his Family being in very independent Circumstances he first entered into the Service not from Want, but Inclination. That he has always met with Treatment that left him no Reason of Complaint, and that Lt Robertson by directions from his Father, has ever been ready, to give him every assistance suitable to one in his present Station which he must have forfeited by Desertion.” Here, then, is another example of the type of British soldier that is too often overlooked in the literature: educated, from a good family, in the army fully voluntarily rather than for want of any other opportunity.

Unfortunately for Hall, the court did not appreciate his sincere and well-delivered defense. He was found guilty and sentenced to “receive one thousand lashes by the Drummers of the line… at such time and place and in such proportions as the Commanding Officer of the 43rd Regiment shall see convenient and proper.” We have no evidence that the punishment was remitted. Whether it would have dissuaded any further transgressions from Hall is moot: he died in July 1775 of wounds received at the Battle of Bunker Hill.

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Robert Nun, 43rd Regiment of Foot

Many of the vignettes presented here are drawn from the proceedings of British military courts. These documents, rich in details on the minor events that did not change history but which were the substance of the lives of those who lived it, survive in manuscript form at the National Archives of Great Britain, and are available on microfilm at the David Library of the American Revolution. Today, instead of distilling one of these cases into a story, we'll present the complete text of a trial. Some details of the handwritten manuscript do not lend themselves to the formatting conventions available on this forum, but we'll present the complete text including the original spelling and abbreviations.

The accused soldier was Robert Nun (or Nunn) of the 43rd Regiment of Foot. He was recruited after the war began, and joined his regiment in Rhode Island in 1777. Two years later, for strategic reasons, the British chose to evacuate their garrison in Rhode Island and return the troops there to New York. The 22nd, 38th and 43rd Regiments were the only British regulars remaining by October 1779, along with several regiments of Germans and Loyalists.

When British regiments stayed in one play for an extended period, then moved elsewhere, an interesting phenomenon usually occurred: the rate of desertion increased. We can ascribe this to two possible reasons. Some soldiers probably developed local attachments that they did not wish to leave, while others who were discontent with military service saw the regiment's movement as an opportunity to desert with less likelihood of being caught. Robert Nun literally made a break for it on the very day that the 43rd was preparing to embark, the last day of the British occupation. The proceedings of his trial reveal many interesting details of military culture, but leave ample room for discussion of Nun's actual thoughts and motivation:


At a General Court Martial, held at New York on Wednesday the 26th Jany & continued by Adjournment to Saturday 11th March 1780 by Virtue of a Warrant bearing date the 25th Jany 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.

Major John Small of His Majesty’s 84th Regt. of Foot, President

Members: Major James Cousseau 37th Reg; Major David Furguson 43d Regt.; Capt. Thos. Brady R. Artillery; Capt. William Farquhar 20th Regt; Capt. Stephen Cook 37th Regt.; Capt. Alexr McDonald 76th Regt.; Capt. David Anstruther 42d Regt.; Capt. Willm Richardson 43d Regt.; Lt. John Robertson 42d Regt.; Lt. Norman McLeod 42d Regt.; 1st Lt. Francis Laye R. Artillery; 2d Lt. Charles Frazer 23d Regt.

Ensn. Mathew Wood of His Majesty’s 64th Regt. Foot Deputy Judge Advocate

The President Members and Judge Advocate being duly Sworn.

Robert Nunn, private soldier in His Majesty’s 43rd Regiment of Foot, was brought prisoner before the Court and accused of Desertion, & the following Witnesses were examined in support of the Accusation Vizt.

Serjt. William McCoy of His Majesty’s 43d Regt. Foot being duly sworn, deposed that he knew the Prisoner to have received Pay & Cloathing as a Soldier in the said Regiment, that on the 25th of October last when the regiment was going to Embark at Rhode Island, the Roll was called by a Corporal, who found that the Prisoner was absent, upon which he (the Corporal) reported him to the witness, that he (the Witness) was ordered to go & search for him, & that about three quarters of a Mile from the Encmapment he saw the Prisoner go up from behind some Bushes in his shirt sleeves, & run away, upon which he (the witness) pressed an Inhabitant to go with him; that they pursued him and secured him.
Q. (by the Court) Was the prisoner in Liquor?
A. He did not seem to him to be in liquor.
Q. Did the Prisoner carry off his Arms or Accoutrements?
A. He carried off his Accoutrements.

Serjeant Luke Touridge of the 43d Regiment of Foot, being duly sworn deposed that he knew the Prisoner to have received pay & Cloathing, as a Soldier in the 43rd Regiment & that on the 25th Octr. Last the Serjeant Major went to him (the Witness) and desired him to take a file of Men and go in search of the Prisoner; that he accordingly went, & as he was jumping over a Stone Wall he saw a Coat Waistcoat, & a Hat laying under the Wall; the hat he knew to be the prisoners; that he went up to Serjt. McCoy (who had been likewise ordered to go in search of the Prisoner) and desired him to proceed further into the brushy Wood; that they separated in the Wood & scour’d it and some little time afterwards he (the Witness) heard a Shouting, upon which he ran out of the Wood & saw the Prisoner running away in his shirt sleeves, and Serjt. McCoy with his party running after the Prisoner; the Witness further says that he did not see the Prisoner after that time till he was brought back Prisoner.
Q. (by the Court) Did he carry off his Arms or Accoutrements?
A. He carried off his Accoutrements.

Christopher Willow, private soldier in the 43d Regiment Foot being duly sworn, deposed that he was one of the party that was ordered to go with Serjt. McCoy in search of the Prisoner on the 25th Octr. Last; that about three quarters of a Mile from the Encampment he saw the prisoner in a field without his hat, Coat or Waistcoat on, that upon the Prisoners seeing the Party, he ran away; upon which they pursued him, & the Serjt. pressed an Inhabitant to go with them, that they soon came up with him, & secured him; that upon his (the Witness) coming up to the Prisoner he had a Stone in one hand, and a Knife in the other, but that he immediately threw down the Stone and put the Knife in his Pocket, & gave himself up, without making any resistance.
Q. (by the Court) Did the prisoner carry off any of his Arms or Accoutrements?
A. He carried off his pouch & Waistbelt.
Q. What sort of a Knife was it the prisoner had in his hand?
A. A common Clasp Knife.
Q. Did the Inhabitant come up with the Prisoner first?
A. Yes.
Q. What distance was he (the Witness) from the Prisoner, when he first saw the Inhabitant with him?
A. About an hundred Yards.
Q. Could he (the Witness) see the Prisoner when the Inhabitant first got up to him?
A. No, there was an Orchard between.

The Prisoner being put upon his Defence says that about a Week before the regiment Embarked at Rhode Island, Serjeant McCoy had struck him & used him very ill, upon which he went to Camp to complain to his Captain, who told him that he would see him righted, and that he had no occasion to go to the Commanding Officer; that he was in liquor at the time that he went off & did not know what he was doing and begs the Mercy of the Court.

The Court having considered the Evidence for & against the Prisoner Robert Nunn, together with what he had to offer in his Defence, is of Opinion that he is Guilty of the Crime laid to his Charge in a breach of the first Article of the Sixth Section of the Articles of War, & doth therefore sentence him to receive One thousand Lashes on his bare back with Cats of nine Tails.

John Small, Majr Comdg 2d Battn 84th Regt of Highlanders, President.
Mattw. Woodd Deputy Judge Advocate

Approved, Wm. Tryon M. G.
Confirmed HClinton


We lack certain information on whether or not Nun received the full punishment that he was sentenced. If he wasn't discontent with the army before, the harrowing experience of awaiting punishment probably influenced him even if, like many soldiers under sentence of corporal and capital punishment, he was subsequently pardoned.

Whether Nun had planned his desertion attempt or was in fact out of his senses, he seems to have learned something from the experience. In May 1781 the 43rd Regiment again embarked on transports, this time to voyage from New York to Virginia to join Cornwallis's army. But, on the day of embarkation, Robert Nun deserted once again; we've found no record of him being caught this time.

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William Keaton, 18th and 43rd Regiments of Foot

When he arrived at Yorktown, Virginia in the summer of 1781, William Keaton (also spelled Keyton, Keatton and Keton on various muster rolls) was a highly experienced and very well-traveled soldier. We do not know when he joined the army, but thanks to researcher Steven M. Baule we know that he was already a private soldier in the 18th (Royal Irish) Regiment of Foot when that corps arrived in America in July of 1767. The regiment spent two years in Philadelphia. Keaton's company then traveled overland to Fort Pitt, where they embarked in boats that took them down the Ohio River and up the Mississippi River to Fort Chartres, a British outpost in Illinois. There he remained from mid-1769 until mid-1772 when the post was abandoned and the detachment of the 18th Regiment returned to Philadelphia.

In 1774, the portion of the 18th in Philadelphia marched across New Jersey to New York, then boarded transports for Boston. In this city Keaton and his comrades saw the outbreak of hostilities and the devastating battle of Bunker Hill. At the end of that year orders were given for the able-bodied men of the 18th Regiment in Boston to be drafted into other regiments; William Keaton transferred into the 43rd Regiment of Foot.

Boston was evacuated in March 1776 and the army regrouped in Halifax, Nova Scotia. The men of the 43rd and the rest of the army spent two months practicing new tactics and field maneuvers in the countryside around Halifax in preparation for a new campaign. By July they were landed on Staten Island; the 43rd was now part of the 5th Brigade of Sir William Howe's powerful army, along with the 22nd, 54th and 63rd Regiments. After a whirlwind Autumn campaign that secured New York city and the surrounding regions, the 5th Brigade was part of a force that landed in Rhode Island in early December.

Rhode Island was the home of the 43rd Regiment for the next three years. While a garrison in strict terms, the island in Narragansett Bay was an active theater of war. Besides being the site of major fighting during August 1778 there were countless incursions and skirmishes throughout the period. Soldiers manned guard posts day and night year round, ever vigilant for the next American attempt to harass or unseat the garrison.

When Rhode Island was evacuated in October 1779, Keaton and the 43rd returned to the New York area where they spent the following year in a relatively calm garrison. 1781, however, saw them on campaign again, this time sailing to Virginia. Sent to reinforce Cornwallis' army, they arrived on the banks of the James River in the late Spring. By August they were part of the substantial army establishing a post around Yorktown.

William Keaton had spent 14 years marching, sailing, working and fighting all over the American colonies. He had seen the wilderness with the 18th Regiment and several significant battles with the 43rd, and had certainly lost many comrades along the way. Now he was helping to lay the groundwork for the action that would effectively end the war, but he would not see this dramatic culmination. In in hot Virginia weather of early August the hazards of military campaigning caught up to him. On either the 7th or the 9th, depending upon which source is accurate, thunderstorms pelted the area. William Keaton was struck and killed by lightning, as was a soldier's wife in the 43rd and a soldier of the Queen's Rangers.

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Henry Pickles, 43rd Regiment of Foot

Sometimes we have just enough information about a soldier to leave us wondering why there isn't more. Such is the case with Henry Pickles, private soldier in the 43rd Regiment of Foot. He was already in the regiment at the beginning of 1773, the earliest date for which we have copies of muster rolls on hand. With his regiment he came to Boston in 1774, continued on to the New York campaign in the Autumn of 1776 and then to Rhode Island at the end of that year. It was in Rhode Island that he did something so distinguished that the commander of the garrison mentioned him by name in general orders, a very rare distinction for a private soldier.

The three-year occupation of Rhode Island by British forces is largely overlooked in histories of the war because it did not have any obvious effect on the overall course of the conflict. An abortive Anglo-French attempt to retake the island sometimes gets attention because it culminated in the 29 August 1778 battle that was among the largest of the war in terms of numbers of troops involved. Otherwise one could easily get the impression that Rhode Island was a sleepy backwater bypassed by the war raging in other regions.

For the soldiers serving in the Rhode Island garrison, this was hardly the case. The British, German and Loyalist soldiers on the island were separated from their adversaries by waterways that were quite narrow in some places, and the sea-savvy New England soldiers manning the mainland posts were able to make frequent night time raids on the island. The active petit guerre caused frequent alarms and small engagements that forced the garrison to be in a constant state of vigilance.

On 21 February 1777, an American galley called the Spitfire supported a party of American troops that landed on the island, the second landing that week. The Spitfire exchanged fire with British artillery for some six hours before drawing away heavily damaged. The raiders secured a quantity of oats and hay, forage that sounds insignificant but which was important for the British garrison that was unable to receive provisions from mainland farms.

Three weeks later on the night of 13-14 March, the Spitfire was passing through the narrows at Bristol Ferry, today the site of the Mount Hope Bridge. Movements like these were usually done at nice to minimize the danger of detection by British sentries, but nighttime navigation was itself hazardous. The Spitfire ran aground. British artillery crews, supported by soldiers on temporary service with the gunners, were highly adept at rapid deployment of their field artillery pieces and had strategically positioned them where they could be moved to repel landings. The immobilized American galley presented an excellent opportunity to use this capability, and field pieces were moved to the shore to engage the Spitfire.

Realizing the hopelessness of their situation, the crew of the galley abandoned it and made for the safety of the Bristol shore. Although the vessel was now defenseless against the British artillery, the solid iron ball and shot fired by these guns could damage the ship but not destroy it completely. Being aground already, it could not be sunk. It was essential to deprive the Americans of a valuable hull that could be refitted, so complete destruction was essential. The galley had to be burned.

Rather than wait for boats to be brought to the scene (boats were scare along the shoreline, because they could too easily be used for clandestine activities), a British private soldier took action. Henry Pickles went into the water and swam to the galley. The exact location of the grounded vessel is not known, but this swim could have been as much as a half-mile in an area with significant currents. We also do not know whether Pickles set fire to the galley himself, or brought a line that was used to haul it closer to the British shore. Either way, the Spitfire was consumed by fire and completely destroyed.

The next day, general orders given to the garrison read as follows:

Lord Percy thanks Captain Brady and the British Artillery that destroyed the Rebel Galley yesterday. He also desires that Henry Pickles, Private soldier in his Majestys 43d Regiment may be informed that he is extreamly pleased with his spirited conduct, in Swiming on Board the Galley

For a soldier to be named in orders promulgated to the entire garrison was extremely unusual. It did not, however, mean that Henry Pickles' was destined for a remarkable future in the army; in fact, we know very little more about him except what the muster rolls tell us.

He was transferred to the light infantry company of the 43rd Regiment at the end of 1777, which shows that he was a spirited and active soldier. For reasons unknown, he was soon transferred back to the battalion, so soon that he never actually appears on the rolls of the light company. This could have been for health reasons, or because the battalion wished to retain him for some reason (at this time, the light infantry company was in Philadelphia while the battalion was in Rhode Island). At the end of 1779, after Rhode Island was evacuated and the entirety of the 43rd Regiment was in the New York area, Pickles was again transferred to the light infantry. This assignment took him on several expeditions to the southward including the siege of Charleston, South Carolina and the campaign led by Benedict Arnold around Petersburg, Virginia. It also took him to Yorktown, Virginia in 1781 where he became a prisoner of war along with the rest of the British forces under General Cornwallis.

The final annotation concerning Henry Pickles is deceptive; he is listed as having deserted on 1 July 1783. A peace treaty had been signed, and prisoners of war were repatriated. British prisoners were given the opportunity to join the British garrison in New York, but many failed to arrive. As an administrative expedient, all of the prisoners whose fate was unknown were written off on the muster rolls as deserters. Henry Pickles may have settled in America, he may died in captivity or as a escapee, or he could have made his way to a British garrison in Canada or the West Indies and joined another regiment without this information having made its way back to New York. The actual fate of this soldier who had one day of distinction remains unknown.

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Trial of William Johnstone, 43rd Regiment of Foot

Having explained some details about the source material used for these posts, it is fitting to present the proceedings of a general court martial. The text below is transcribed from a copy of the original manuscript. This is typical of the 'raw' data used to tell the many of the stories related in these pages. Some of the formatting of the original is difficult to render on a web page, particular indentations and the layout of the list of court members, but all of the information in the manuscript is shown.

Perhaps the only surprise in this case is that the soldier on trial was found completely innocent; presumably this was because there was no direct evidence that he had committed a crime, even though the circumstantial evidence weighed strongly against him. Clearly the commander in chief was of the same opinion, because he did not approve of the sentence even though he opted to confirm it.

At a General Court Martial held at the Head of Elk, in the Province of Maryland, on Friday the 29th of August 1777, by Virtue of a Warrant, bearing date the same day, 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 &c, &c, &c.

Lieutenant Colonel Henry Trelawney, Coldstream Regiment of Foot Guards, President.

Lieut. Col. William Walcot, 5th Foot
Lieut. Col. Jas. Ogilvie, 4th Foot
Capt. John Swint. Dyer Coldstream Guards
Capt. Thos. Thomlinson, 5th Foot
Capt. John Barker, 10th Foot
Capt. John Westropp, 5th Foot
Capt. Thos. Gibbings, 23d Foot
Lieut. Myrick Shaw, 4th Foot
Lieut. William Cox, 5th Foot
Lieut. John Browne, 23d Foot
Ensign Florintius Boscawen 3d F. Guards
Ensign Robert Haddin 5th Foot

Stephen Payne Adye Esqr Deputy Judge Advocate
Members

The President, Members and Judge Advocate being duly sworn.

William Johnstone private soldier in His Majesty’s 43d Regiment of Foot was brought prisoner before the Court and accused of plundering, & the following Witnesses were examined in support of the Charge viz:

Lieutenant Colonel Robert Abercrombie of His Majesty’s 37th Regt of Foot, being duly sworn, deposed that on the Morning of the 27th Instant he met the prisoner going towards his out post, having in his hand a pretty large bundle, wrapped up in a blue and white calico Curtain, that he made him open it, and found it to contain some things of the same nature as the calico, he thinks that there was a Woman’s Gown amongst them, but with regard to this circumstance he cannot be positive; that he asked him whither he was going and he replied that he was going to this Battalion, meaning the 2d Battalion of Light Infantry, but he had then passed the Battalion several Miles, and was going the contrary way, that he afterwards asked him where he had got that Bundle of Goods and he answered from a Grenadier, upon which he ordered him to be confined; that about two hours afterwards he received a Letter from Major Cuyler, informing him that it was the General’s Order that he should endeavour to find out a soldier of the Light Infantry, who had robbed a Countryman of the name of Taylor (and by whom the Note was sent) that upon showing him the bundle, the Prisoner had been found in possession of, he claimed part of the things it contained, particularly the blue and white Calico curtain, and the Deponent then sent him to Head Quarters with the Countryman.
Q. Did the Countryman say that the Prisoner was the man, who had taken the things from him?
A. He did not.

Thomas Mudd Corporal in the 17th Regt of Foot, being duly sworn deposed that he commanded the Guard when the prisoner was put in Confinement, & he then had a bundle, in which were a blue and white Calico Curtain, a Woman’s gown, a small piece of Cloth, of the same colour as the Curtain, and a small white earthen pot, containing butter; and he heard a Countryman, upon being shewn these different Articles, claim all of them as his property, except the Woman’s gown, which he said he could not with certainty say, belonged to him.
Q. Did he hear the Countryman say that the Prisoner had taken those things from him?
A. No, he said that he did not know the Prisoner, nor did he know the man that took them from him.
Q. Did the Countryman say whether he was in his own house at the time the things were taken away?
A. He did not.

The Prisoner being then put upon his defence, said that on the morning Lieutenant Colonel Abercrombie met him, he had been to the rear of the Battalion he belonged to, in order to see an acquaintance, and on returning back among a Party of Grenadiers whom he met, on their return from a foraging party, there was one, who had a bundle, and calling to him (the Prisoner) he said, Light Infantry man will you take this. That upon asking him what it was, he answered that it was something which would be of service to him when he went to Camp, that soon after getting the bundle, he met Lieut. Col. Abercrombie, who examined him, and asked him where he was going, and he answered to his Battalion; that he was then rather in the rear of his Battalion, being between the first and second Battalion of Light Infantry, and had he not been stopped by Lieut. Colonel Abercrombie, he should have gone to this Battalion by a Lane which turned off to the left hand and led to the Battalion.

The Court having considered the evidence against the Prisoner William Johnstone 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, & doth therefore acquit him.

Harry Trelawny Capt in the Coldstream Guards & Lt. Col. in the Army President

Stepn Pn AdyeDeputy Judge Advocate

Confirmed but Disapproved
W. Howe

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