Colonel Simon Fraser, Commanding Officer
78th Regiment of Foot, 1757-63

Wednesday, November 15, 2017

Court of Inquiry Regarding the Death of Corporal James Macky, 63rd Regiment, Jan. 1758

Proceedings of a Court of Inquiry held by Order of Lieut. Colonel Simon Fraser of his Majesty's 63d or Second Highland Battalion concerning the Manner of the Death of Corporal James Macky of the above regiment.

Members: 
Captain Charles Baillie, President
Lieut. John Cuthbert
Lieut. Charles McDonnell
Lieut. John Fraser
Ensign Simon Fraser

The Evidence of William McKardy then acting as Corporal.

William McKardy declares that about 11 o'clock Tuesday night the 27th Serjt. Alexander Fraser came to the gaurd and inquir'd if they were all present & if they had their Arms, they reply'd they had, upon this Corporal Macky who acted as Serjt. of the gaurd & was lying asleep in Bed, got up, & how soon he saw Serjt. Fraser he damn'd him for disturbing his gaurd, & said he woud confine him, for he knew what for a fellow he was, Serjt. Fraser gave up his sword & sat down, after a few minutes he got up & went to the door, Macky immediately follow'd him, & getting before him gave him a desperate cut with his sword upon the Temple, and seiz'd him by the hair, the men of the gaurd disengaged them & laid hold on Fraser, disengaged his righthand, and getting hold of his durk, struck a Blow at hazard over his shoulder, for he was almost blinded with the Blood that guſh'd from his Wound, Macky received the Blow in the Neck & immediately drop't down.~

William McPherson Granadier & Robert Robertson Soldier in the Colonels Company concur in everything with the preceeding Evidence.

The Prisoner Serjt. Fraser being examin'd says, that being the Night of the 27th in Company with some of his Acquaintances at the Quarters of Alex'r McLeod Soldier, about half a Mile from the gaurd, he was surpris'd to see Corporal Macky, who acted as Serjt. of the gaurd come there about nine of the Clock, & advised him in a friendly manner to return to his gaurd as he might remember what happen'd others, for the like offence, about 11 o'Clock Serjt. Fraser was inform'd, that there was some shot fir'd about the gaurd, & that a party from the gaurd was inpursuit of some offenders, He then recollected that Macky was drunk, & perhaps not at his gaurd, & therefore he thought it his duty to repair there immediately, upon coming to the gaurd, found two firelocks at the door of the gaurd, on the outside, which made him conclude the gaurd was not alert, As to what happen'd from the time of his coming to the gaurd, till the blow was given, he gives the same Account as the preceeding Evidence and says that his Intention in coming to the door was to bring in the firelocks that were left out in the rain.
Sign'd Chas. Baille Captain

Source:
Captain Charles Baille, "Court of inquiry concerning the manner of death of Corporal James Mackay." NAS, GD 45-2-29-2B.

©  Jeffrey Campbell, Fraser's 78th Regiment of Foot, 2017.

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