Showing posts with label Prisoners. Show all posts
Showing posts with label Prisoners. Show all posts

Friday, December 1, 2023

List of Prisoners Victualled at the Main Guard

The following is a list of men who were held at the guard house on the North Shore of the Saint Lawrence River, Quebec, Canada, and received daily subsistence in the summer and fall seasons of 1761. This facility may have contained an orderly room, guard room, and detention cells, which could have been considered typical construction in the mid-eighteenth century.

The two columns represent the prisoner's name and the number of days victualled.

1 Augt. 1761:
William Thomas - 25 days [47th Regiment]
Patrick McGuire - 8 days [2d Battalion, 60th Royal American Regiment]
Miles Carmichael - 4 days [78th Regiment]

4 Augt. 1761:
Paul Wood - 3 days [2d Battalion, 60th Royal American Regiment]

19 Augt. 1761:
Willm. Powell - 5 days
Willm. Cooper - 4 days
Jos. Howe - 4 days
Fras. Coffield - 4 days

29 Augt 1761:  
Thos. Lee - 4 days

5 Sepr. 1761:
Robt. McGregor - 5 days

25 Sepr. 1761:
Angus McDonald [78th Regiment]
Jos. Dusel

27 Sepr. 1761:
John Browne

30 Sepr. 1761:
Nicholas Tryer [Tyer; Fryer; Fyer?]

16 Oct. 1761:
Francis Warren

Source: List of Prisoners Victualed at the Main Guard [1761]. Treasury: papers. TNA, T 1/406, n.p.

©  Jeffrey Campbell, Fraser's 78th Regiment of Foot, 2023.


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Wednesday, November 1, 2023

Prisoners of War

Two separate lists of the English prisoners of war dating to June 14th, 1760, were located among the War Office records of Jeffrey Amherst, former Commander in Chief of British forces in North America during the Seven Years' War. Although this first list remains unauthored, it may have been generated by Governor James Murray or his staff.

15th Regiment
Lieutenant Henry Hamilton
Serjeant Bryan Fortune
Serjeant John Lackey
Private Andrew Boitler
Private Edward Warren

N.B. John Fernall of the 15th Regiment & Richd. Jones Servants and not prisoners.

27th Regiment
Lieutenant John Fortiscue
Ensign Daniel Stuart
Private John Morison
Private Wm. Hempfield
Servant John McDuff

35th Regiment
Private Samuel Degrode
Private Thos. Dawson
Private Jas. Jemmison
Private Duncan Black
Private Edward Barrey
Private Philip McElroy
Private Daniel McFarling
Private John Greame

43d. Regiment
Lieutenant Nicholas Lysaght
Ensign Crank Maw
Private Hugh Smith

47th Regiment
Lieutenant William Sherriff
Lieutenant Henry Goddard
Sergeant Edmond Sikes
Private Peter Douglas
Private McAdow
Private Richd. Greenash
Private Wm. Swails

48th Regiment
Serjt. Major Wm. Scott
Private Alexr. Youell
Private Wm. McGaughey
Private George Aberdeen
Private Wm. Orr
Private Daniel Orr
Private John Cooper
Private Robert Cooper
Private Wm. Lenard
Private Francis Mortan
Private Balagh Rupple
Private John Baillie
Private Peter McKenny

58th Regiment
Serjeant Richard Murray
Private Ledwick Robinson
Private Jonathan Sedwell
Private Dennis Daugherty
Private Robert Piles
Private John Porter

2d. B.R.A. [2nd Battalion, 60th Royal Americans]
Serjeant Charles McDonnell
Corporal Henry Cunningham
Private Thomas McMurray
Private David Holstead
Private Daniel Pearson
Private Richd. Strough

3d. B.R.A. [3rd Battalion, 60th Royal Americans]
Voluntier William Bayard
Serjeant Christopher Pauley
Private Justich Heyman
Private Andrew Over

4th. B.R.A. [4th Battalion, 60th Royal Americans]
Private James Bryan
Private George Taylor

63d. Regiment [78th Regiment]
Private Andrew Rose
Private John Chisam
Private Wm. Brown

Proventials
Jervle De'ball
Emmanuel Grey
Josiah Molone

Rangers
Captain [blank] Jacobs
Captain James Lute
Serjeant Saml. Reynolds
Lewis Denny
Saml. Hall
Issey Traverese
Wm. Hardy
Thos. Cleesh
Thos. Bignall
Frederick Courtis
Abel Davis
Hight Young

Royal Artillery
Lieutenant William Cock

Royal Train
Mattross Wm. Bond

Pepperell's and Shirley's taken at Oswego in 1756
Private Valantine Earnest
Private Dennis Jordan
Private John Snell
Private Patt. McCallum
Private John Fahie
Private Daniel Loughray
Private Patt. Castaquin
Private Norman Ash
Private Morgan Kinney
Private Saml. Bennet
Private John Barton
Private Mathew Dunn
Private Thomas Wade
Private Joseph Pike

Belonging to His Majesty's Ships of War
Gunner John Sherman
Gunner's Mate Thos. Burgery
Joseph Campage, Carpenter
Sailors:
Thomas Jowle [Jervle?]
Mathew Dyer
Wm. Isles
Thos. Caulvin
Robert Hamman
Thomas Todd
John Walker
Wm. Owens

Inhabitants
Thos. Cowan
John Smith
Robert Mason
George Cost
Nathl. Smith

Suttlers
Daniel Pacault
George Hipps
Willm. Jaunt
John Whelan

Women
Sarah Garwin
Bridget Dunn
Sarah McCallum
Eliza. Halmer
Mary Ann Crisk

List of Officers Sent in Govr. Murray's Return not Included in the foregoing List, as L. Goddard Accounts for them.

Prisoners on Parole at Quebec:

Kennedy's Regiment
Capt. Maitland

Webb's Regiment
Lt. Davers

Lawrence's Regiment
Capt. Charteris
Lt. Campbell
Lt. Forbes mentioned missing in Govr. Murray's is dead.

Fraser's Regiment
Ens. Malcolm Fraser (dead)

Otway's Regiment
Capt. Ince (dead)

Lascelle's Regiment
Capt. Archbold (dead)

Amherst's Regiment
Ensn. Montgomery (dead)

Endorsed - Copy  

List of the English Prisoners 
returned from Canada - 
14th June 1760
transmitted by Capt. Bonneau
in his of the 18th.

Source:
War Office Records: Amherst Papers. Correspondence between French Officers in North America and the Commander-in-Chief, 1757-1761. W.O. 34, vol. 10, pp. 234-238.

©  Jeffrey Campbell, Fraser's 78th Regiment of Foot, 2023.

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Sunday, January 1, 2023

A Case of Robbery and Desertion

Proceedings of a General Court Martial held at Quebec the 27th July 1761 By Virtue of a Warrant from his Excellency Governor Murray. Dated the 26th of said month. The Court Martial continued by Adjournment to the 31st Inclusive.

Case of Miles Carmichael

Major James Agnew President

Members
Captain Samuel Gardener
Captain George Byrd
Captain Robert Rutherford
Captain Robert Carden
Captain Edmund Malone
Captain Henry Alt
Captain [Charles] Graydon
Captain James Dalrymple
Captain Thomas Smelt
Captain Robert Brigstock
Captain Arthur Price
Captain John Brown

Hector Theophilus Cramaché Judge Advocate

    Prisoner Miles Carmichael Soldier of the 78th Regiment was brought before the Court and tried for Robbery and Desertion.

Hugh Shaw
Soldier of said Regiment was sworn and deposes that the Evening before he was robbed, the Prisoner came to the Deponents Quarters and brought him to lie with him at his own, the next morning when he awakened the Prisoner was gone and the Deponent found his Purse cut out of the lining of his Waistcoat and taken away, with seven Johannes's in it, and six Dollars.

Corporal William Ross 
[Soldier] of said Regiment was sworn, and deposes, that he went with a Command for Provisions and at his Return, he got an order to search for a Man, who had robbed his Comrade at St. Michael, that he with his Command got into his Quarters, and were at Dinner, when the Prisoner came in Sweating and enquired for one Macaule, and they were going to shew where he Quartered; when the Deponent asked his Name, to which having answered, Miles Carmichael, This Deponent knew immediately he was the Man sought after, loaded his Piece & gott between him and the Door. The Prisoner immediately confessed the Affair to him, and pulled out the money, being six half Johannes's, one Dollar and three Sols, saying the Devil tempted him to it.

Alexander Ross 
Soldier of said Regiment was sworn and confirmed the foregoing Evidence. The Prisoner acknowledges taking the Money had no Intention to Desert, and Submits to the mercy of the Court.

    The Court having heard, and examined the Allegations against the Prisoner, together with what he had to offer in his defence, Is of Opinion, that Miles Carmichael Soldier of the 78th Regiment is guilty of the first part of the Charge given against him, and doth adjudge him to receive one thousand Lashes for the same, and to be put under Stoppages not exceeding one half of his Pay, till he had made up the whole Sum lost by Hugh Shaw. The Court acquits him of the second part of the Charge Desertion.

    /signed/
    Ja. Agnew President
    Major to the 58th Regiment

Note: On 23 November 1759, Governor James Murray established a monetary conversion table declaring the half Johannes worth £2 (or 48 French livres), one dollar at the rate of £0.5.0 (or 6 French livres), and the French sol marque of six liards, 18 for a shilling (15 for a livre), and the marque of nine liards at 14 for a shilling (12 for a livre) [LAC, James Murray, Microfilm C-2225, image 20].

Additional cases on the Court's docket included the following:

Case summary of Paul Wood
Paul Wood, soldier in the 2nd Battalion, [60th] Royal American Regiment, was brought before the Court and tried on suspicion of robbery of Mr. James Fitzsimmonds, Merchant. 

Witnesses
William Cooke, 2nd Bn., 60th R.A.
Patrick McGuire, 2nd Bn., 60th R.A.
Joseph Hurst, 2nd Bn., 60th R.A.
John Kelly, and his wife Hannah, 2nd Bn., 60th R.A.
Robert Andrews 

Paul Wood was found guilty of the charge brought against him, and awarded two thousand lashes for the same.

Case summary of Patrick McGuire
Patrick McGuire soldier in the 2nd Battalion, [60th] Royal American Regiment, was brought before the Court and tried on suspicion of robbery, and for deserting from his confinement.

Witnesses 
Lieutenant Ryan, 60th R.A.
Ensign John Monins, 60th R.A.
William Cooke, 2nd Bn., 60th R.A.
John Kelly, 2nd Bn., 60th R.A.
Serjeant Joseph Robinson, 58th Foot.
Manasseh Hamel, [unknown regiment].

Patrick McGuire was found guilty of the charges laid against him, and was to suffer death, agreeable to the Articles of War.

Case summary of Joseph Hurst
Joseph Hurst, soldier in the 2nd Battalion, [60th] Royal American Regiment, was brought before the Court and tried for receiving stolen goods and knowing them to be such.

Witnesses
William Cooke, 2nd Bn., 60th R.A.
John Kelly, 2nd Bn., 60th R.A.
Mr. Miles Prentice, Provost Marshall
Jacob Betties
Mary Burne (otherwise Thomas).

Joseph Hurst was found guilty of the charge laid against him, and was awarded two thousand lashes for the same

Case summary of William Thomas
William Thomas, discharged (late soldier of the 47th Foot), was brought before the Court and tried on suspicion of robbery.

Witnesses
Mr. Miles Prentice, Provost Marshall
James Osborne, 2nd Bn., 60th R.A.
Francis Holland, 2nd Bn., 60th R.A.
John Cook, 2nd Bn., 60th R.A.
Serjeant John Frazer, 47th Foot; testified defendant was formerly of the 47th Foot.
Jacob Battis

As the remaining summary page for this case is missing, the final disposition is unknown.

Case summary of William Christy, John Dennison, Nicholas Clein, and Nicholas Leozenbugher
All soldiers in the 2nd Battalion, [60th] Royal American Regiment, brought before the Court, and tried on suspicion of being assistant to Patrick McGuire in making his escape from the guard.

Witnesses
Ensign John Monins, 2nd Bn., 60th R.A.
Serjeant Joseph Robinson, 58th Foot.
William Caffery, 2nd Bn., 60th R.A.

All four men were acquitted of the charge against them, as there was non-sufficient proof.

Case summary of Peter Francis
Soldier of the 47th Regiment, he was brought before the Court and tried for desertion in the year 1759.

Witnesses
Captain Gardener 
Corporal Benjamin Hyatt, 47th Foot.
John Taunton, 47th Foot.
Serjeant John Curry, 47th Foot.

Peter Francis was found guilty of the charge against him, and was awarded one thousand lashes for the same.

Case summary of Christopher Duggan
Soldier of the 47th Regiment, he was brought before the Court and tried for the murder of John Casey of said Regiment.

Witnesses
John Butt, 47th Foot.
John Morris, 47th Foot.
Benjamin Brooks, 47th Foot.
John Madden, Drummer, 47th Foot.
Mr. Blakely, Surgeon, 47th Foot.
Mr. Baldwin, Surgeons Mate, 47th Foot.
Mr. Frazer, Surgeon.
Michael Bryan, 47th Foot.
Serjeant Corry, 47th Foot.

As there was no appearance of malice on the part of Christopher Duggan, he was acquitted of the charge against him.

Source: TNA, WO 71/70, pp.270-290 (278-279 missing).

© Jeffrey Campbell, Fraser's 78th Regiment of Foot, 2023.

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Thursday, December 1, 2022

Murder Among the Ranks

It is very rare we encounter judicial proceedings against a soldier in Colonel Fraser's 78th Regiment, albeit we've discovered a few men charged and convicted of various acts over the course of the war in North America. From 1760-1763, as his men were garrisoned not only in Quebec City, but throughout various parishes along the South Shore of the St. Lawrence River, limited information is provided on the exact whereabouts of this particular incident and the specific companies to which the individuals belonged. Although regimental records dating to August 1763 place William Ross, Duncan Cameron, and [John] McGillivray together in Captain Alexander Campbell's Company; whether or not these three men were serving together at the time of this incident has not yet been confirmed. Campbell's Company was most likely to have been garrisoned on the South Shore.

General Court Martial Proceedings

Proceedings of a General Court Martial held at Quebec the 8th day of February 1762 By Virtue of a Warrant from His Excellency Governor Murray dated the 6th of the said Month.

Lieutenant Colonel Roger Morris President

Members
Captain Saml. Gardiner
Captain Robt. Rutherford
Captain Robt. Boyard
Captain James Dalrymple
Captain Thos. Smell [prob. Smelt]
Captain Robt. Brigstock
Lieutenant George Mountain
Lieutenant John Morris
Lieutenant William Jones
Lieutenant Daniel Davis
Lieutenant James Jeffreys

Hector Theophilus Cramaché Judge Advocate

    The Court being duly sworn the Prisoner Angus McMillan Soldier in the 78th Regiment, was brought before the Court, and tried for the Murder of Niel Macpherson Soldier in the said Regiment.

    Angus McDonell Soldier in the said Regiment being sworn, deposes that a few days ago, he came with his Comrade William Ross about Evening into the Quarters of McMillan, and found there Niel McPherson, and Duncan Cameron, with the Prisoner drinking a Bottle of Wine, that they drank together, that Niel McPherson and the Prisoner had a dispute, but they could not discover the Subject of it, that there was one McGillivray who got much in Liquor, and did all he could to take McPherson away, but could not succeed, and after some time they turned said McGallivray out. That McPherson and the Prisoner wrestled several times, at length everything seemed quiet, and they talked of coming away, when McPherson said he had one Word to say to McMillan, that McMillan was sitting on his Bed, with his Hands joined, and his Head hanging down; that McPherson spoke some words to him, which the Deponent did not hear, that McMillan made no answer, but soon after raising his head, and his Hand, he struck McPherson a sudden Blow, on the Breast, who immediately cried out, Angus.' Angus.' My Dear, the Villan has killed me, with a Knife, that he expired immediately, and McMillan sliped out of the Door, that the Deponent called out to his Comrade, William Ross, who pursued, overtook, and brought him back, that they found the Knife, with which the fact had been committed, by the side of the Bed, bloody, and greasy; that McMillan for some time after he was secured, was very sullen, saying that what was done could not be undone, and that they bound the Prisoner, and informed a non Commission's Officer in the Neighborhood of the Affair, He likewise produced the Knife, which was taken up by Duncan Cameron, and which he says was the knife with which the Fact was committed.

    William Ross Soldier in said Regiment being duly sworn confirms the foregoing Evidence in every particular, except that he did not see the Blow given, but heard the deceased cry out in the same words mentioned by McDonell that he did not see the Knife till he returned, when he did not observe whether it was bloody, or not.

    Duncan Cameron, Soldier in said Regiment being sworn confirms the foregoing Evidences, and likewise says that upon the Prisoners being brought back, they searched him for Arms, and found none, about him, but perceived a Penknife, which he believes to be the same now produced, perceived no Blood on it but the Blade greasy, about halfway up, and the Prisoner acknowledged it, to be his Penknife, Being asked if he saw the Prisoner strike McPherson, says that he did not, but that on hearing him cry out, he looked up and saw the Prisoner draw back his arm, as if he had struck him.

    The Prisoner in his Defence says that the deceased was picking a Quarrel with him the whole Evening, that they had wrestled twice, and McPherson threw him, and when he came up to his Bed, where he was pareing his Nails with his Penknife, McPherson told him, he had now resolved to thresh him, that the Prisoner answered it was needless, he had done it already, that seeing McPherson rush forward to seize him, the Prisoner attempted to push him off; and that McPherson ran himself upon the Knife, by the Force with which he came upon him.

    The Court, having heard and Examined the Allegations against the Prisoner, together with what he had to offer in his Defence,

    Is of the Opinion That Angus McMillan soldier in the 78th Regiment is Guilty of the Charge brought against him, and doth adjudge him to suffer Death for the same.

    I do hereby ratify, and confirm the foregoing Sentences Viz. That Angus McMillan of the 78th Regiment do suffer Death.

    Given under my Hand at Quebec this 9th of February 1762

    signed JA: Murray

It should be noted an additional trial appeared on the Court's docket this same day involving Joseph Gautier, a Canadian servant to Mr. Eleazer Levy, and Mr. Finlay, local Quebec merchants. The defendant was tried and convicted for robbery, and awarded 1000 lashes punishment.

Source: TNA, WO 71/70, pp.226-229.

© Jeffrey Campbell, Fraser's 78th Regiment of Foot, 2022.

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Thursday, July 1, 2021

Desertion in the Ranks

There's an unexplained enthusiasm I experience exploring old military records, which most certainly coincides with 20 years of active duty military service. I had honorably served with the United States Navy from 1993-2013 and, in that time, experienced a small percentage of enlistees with some forms of legal issues - mostly drugs and alcohol-related incidences. But, there were many days when a sailor failed to show up at his or her appointed place of duty, and it was on those days the individual was marked 'unauthorized absence.' Occasionally our Squadron was forced to document a service member 'absent without leave,' or AWOL (after 28 days away of missed duty), but there was only one instance during my career when I witnessed someone marked as 'deserter.' 

Life in the British army in the mid-18th century was extremely disciplined, and even minor matters of misconduct did not go unpunished. The courts - either regimental, district or general - were advised by a military lawyer and made up of panels of officers, with some sentences even being determined by His Majesty. The main crimes normally concerned drunkenness, theft, and general misbehavior. The wrong-doer might be punished by running the gauntlet, which involved being flogged by one's own regiment as he passed between two lines of soldiers. In 1765, a soldier was piquetted (made to stand on a tent peg) without shoes for drunken misconduct.

One of the more common offenses that required excessive punishment was desertion. A soldier could be branded with a 'D' if captured, and if he re-offended could face execution. Death sentences were not all that common, with hanging normally reserved for murderers, and death by shot employed for those who were repeat offenders. The criminals were punished in front of their peers and officers and the utter humiliation suffered was meant to deter from any further wrongdoing. Punishments were often painful and disgraceful to discourage those who bore witness from undergoing the same fate. However, it was customary that a soldier was excepted back by his peers without any discredit once he had been punished. One particular case worth noting involved Joseph Stoakes who, it was reported, between 1728 and 1730, deserted his Regiment three times, and upon being captured for the third time was sentenced by court-martial to death. 

Any incidences of desertion in Colonel Fraser's 78th Regiment were limited in discussion in correspondence. During the early formation of the regiment in 1757, Major James Clephane (Fraser's second-in-command) did briefly discuss this topic with a close confidante. Writing from Kilravock Castle, Croy, Scotland, on 8 April 1757, he proudly boasts of his Company recruits. He wrote: "I have at last sent of [sic, off] for Glasgow 124 recruits, not one of them was ever confined and not one deserted...I was obliged to put a stop to my friends recruiting for me in Angus and Perthshire otherwise my number of men would be too great..." [1] And the colonel, writing on 28 June 1757 from onboard the Ann Transport in Cove Harbour, Cork, Ireland, briefly discussed with Baillie James Fraser the following. 

"After a halt of Five days at Cork to recover the fatigues of a march of 400 miles the battalion Embark'd, consisting of 1000 fine fellows besides 170 Supernumerarys, being 40 more than the Secretary at War desired me to bring, those 40 were intended to answer any deficiency that might arise by death or Desertion, but I did not lose a man by either from the day we left Glasgow and but 7 before." [2]

Alexander Campbell
A document entitled, List of Perth Prisoners, provided by Perth and Kinross Council Archive, A K Bell Library, Perth, Scotland, contains the name of Alexander Campbell, an identified deserter from Colonel Fraser's Regiment. [3] The document is dated 31 August 1757 and, unless he was on the run for five months (initial recruiting was completed by April 1757), this indicates desertion from one of the three additional companies also raised for service; the first 10 companies departed Cork, Ireland on 30 June 1757 and were already in North America by this time. And considering Campbell was jailed in Perth, he may have been familiar with the area as there was an authorized recruit depot in the city of Dunkeld, 15 miles north of his prison cell at the old Tolbooth.

Coincidentally, this same name appears in Captain Hugh Fraser's Company at the end of the war, but there is no evidence they are the same soldier.

List of Prisoners within the Tolbooth of Perth
Francis Porter from Forfar was banished by Sentance [sic] of the Lords in April 1755.
Jean Henry from Forfar was banished by Sentance of the Lords in May last.
Duncan McGrigor and Hugh Cameron were committed prisoners by a Warrant from Clerk Miller as Justice of the peace.
John McNaughton Dester [sic, deserter] from Colonel Perrys Regiment was Committed prisoner by a Warrant from Mr Campbell of Achalader.
Alexander Campbell Deserter from Colonel Frazers Regiment was Committed prisoner by a Warrant from Baillie Robert Robertson and Clerk Miller two of his Majesty's Justices of the peace from Perth Shire. 

Cover sheet
List of Perth Prisoners
31 Aug 1757

Note: November 10, 1757. Order to Colin Drummond, collector of land tax in Perthshire, to pay George Buchanan, a soldier, the sum of 20s for the apprehension of Hugh Cameron, a deserter. [NRS, GD22/1/524].

Forfar and Achalader are towns situated about 20 and 30 miles respectively outside the city of Perth.

Charles Duff
Charles Duff, a farmhand, was imprisoned in 1757 in the Tolbooth in Aberdeen, a 17th-century former jail which now operates as museum. While plowing the fields of his master William Robertson, Duff was taken forcibly by a Mr. Fraser of Frendach and press ganged into the army. In 1756, following the outbreak of the Seven Years' War, an Act was passed in Parliament to allow a quick recruitment campaign to be started throughout the country. The Act allowed able-bodied, unemployed men 17-45 years of age, with no form of monetary support or employment to be forced into the army. Duff was threatened  with imprisonment if he did not agree with the impressment.

While appealing the reason for his incarceration he was also accused of wearing a tartan, which had been banned by the Dress Act of 1756, following the defeat of the 1745 Jacobite uprising at the Battle of Culloden. Tartan was viewed as a symbol of Highland pride, of the Stuart Dynasty and of Scottish Independence. 

Transcript from the Aberdeen Commission for
Military Impressment Appeals, Vol. 1.

"Thereafter there was given into the meeting a Petition from Charles Duff servant to William Robertson in Lumphanan Setting Forth That the Petitioner was sometime ago forcibly taken from his Masters plough by Mr Fraser of Frendrach and others his Assistant and threatened to be carried Prisoner to Aberdeen if he would not Inlist with Captain Simon Fraser which your Petitioner Refusing to do he was carried prisoner accordingly and was incarcerate in the Tolbooth of Aberdeen where he presently remains Contrair to all Laws and Equity and therefore Craving that it might please their Honours to take their Petitioners Case under their Consideration and to order his liberation acording [sic] to Justice and the said Petition signed by the said Charles Duff bears.

Compeared Thomas Mossman Procurator Fiscall and Represented that the Petitioner was Incarcerate for wearing the Highland plaid which he offers to prove and Craves a teim [sic] may be assigned for that purpose. Which being Considered by the meeting they Grant diligence for summoning Witness to prove the above Alledgeance against the seventh day of March Current and Appoints the Petitioner to remain in Prison until that time or find sufficient bail for his appearance the said day." [4]

While it's not absolutely certain this event was classified as desertion, Colonel Fraser may have construed it as such. Unfortunately, there are no records to indicate the outcome of Charles Duff's case.
Note: Captain Simon Fraser, who led one of Colonel Fraser's 10 original companies to North America, was an assigned recruiter covering the Aberdeen area.

Sources:
1. Rose and Shaw. A Genealogical Deduction of the Family of Rose of Kilravock (Nairnshire, Scotland, 1848), pp. 463-4; Major Clephane is referencing his "friend" John Strachan, a recruiter stationed in Dundee, Scotland. Strachan's surviving list of 12 original recruits does not contain Alexander Campbell's name. [NRS, GD125/22/16/18].
2. Macdonald, Rev. Archibald, D, D. The Old Lords of Lovat and Beaufort (1934), p. 140.
3. B59-24-11-163 (front and back pages).
4. Tolbooth 400. Tales from the Tolbooth. An Information Booklet of Character Histories and Text Transcript, pp.22-5.

©  Jeffrey Campbell, The 78th Regiment of Foot, 2021.

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Friday, April 20, 2018

Court-martial of Corporal Angus McDonald, 78th Regiment of Foot, 1761

In his Sketches, Stewart of Garth maintained that the high moral code of the early Highlanders meant that misconduct was virtually unknown within their regiments. Although it is true that Highlanders feature far less frequently in the General Courts-martial records than miscreants from other battalions, it would be wrong to go to the other extreme and suggest that their ranks were filled with plaster saints. A worthy champion of this violent heritage was Corporal Angus McDonald of Fraser's Highlanders, who was brought before a General Court-martial at Quebec in September 1761.

The following is a complete transcript of the corporal's legal proceedings.

Official proceedings
Proceedings of a General Court Martial held at Quebec the 25th Day of September 1761, By Virtue of a Warrant from his Excellency Governor Murray dated the 24th said Month.

Major James Agnew President.

Members:
Captain Samuel Gardiner
Captain George Byrd
Captain Robert Rutherford
Captain John Carden
Captain Edmund Malcome
Captain John Brown
Captain Nicholas Cox
Captain James Dalrymple
Captain Thomas Smelt
Captain Robert Brigstock
Captain Henry Alt
Captain Edward Crymble

Hector Theophilus Cramaché Deputy Judge Advocate.

Opening statement
The Court being duly Sworn the Prisoner Angus MacDonald of the 78th Regiment was brought before the Court and tried for quitting his Post, and robbing several of the French Inhabitants under Pretence he had orders to take Quarters for some Troops.

Deposition of Lieutenant Henry Marr
A Letter from Lieutenant Marr of the 47th Regiment dated the 21st of September at St. Lawrence to Lieutenant Mills as Town Adjutant.

St. Lawrence 21st September 1761
Dear Sir,
When I left St Francois to proceed to this Place, I was ordered by Major Irving to leave a Corporal, and two Men, as a Guard, to the King's wood; I accordingly ordered the Prisoner Corporal Macdonald of the 78th Regiment to remain there, but he either tired with Solitude, or fond of Novelty and Frolick, determined to leave his Guard and cross the River to the Parishes of St. Joachim, St. Anns, and Chateau in the North Shore, where he behaved in a very extraordinary manner; as you will see by the enclosed Letter, which fully represents the Affair, when I first heard of his being absent I imagined he had deserted, and ordered Strick Search to be made for him every where till Sunday last, when I was favoured with the enclosed relating to him.

/Signed/
Henry Marr Lieutenant
47th Regiment

Deposition of Ensign Philip Pitman
A Letter from Ensign Pitman of the 19th September dated at Chateau River.

Chateau River 19th Sepr. 1761
Dear Sir,
One Angus Monro or McDonald has been up and down the Parishes of St. Joachim, St. Anns, and Chateau for this week past, imposing on the Inhabitants of said Parishes in a most Vilinous, and extraordinary manner, by extorting from them Money, Horses, and anything he had occasion for shewing as he pretended an order for so doing in writing; and sometimes on refusal threatened to beat, or put them to Death, pretending to be an officer, he is a Soldier of the 78th Regiment above the middle size, and has Caroty Hair, is of Captain Nairns Company, and I understand belongs to your Party, I this Day rode from Chateau to St. Anns privetly to apprehend him, but unfortunately he was gone over to the Island an Hour before I got there, I hope you will take all possible Care to secure him, that he may be brought to Justice, I write this Letter which I send with the Captains of Malitia of whom he got four Dollars, as he did from the Captains of Malitia of the other two Parishes.

/Signed/
Ph: Pitman

Deposition of John Morris
John Morris Soldier of the 58th Regiment was sworn and deposes, that the Prisoner is a Soldier belonging to Lieutenant Marrs Party, on the Island of Orleans, and was ordered with two other Men to take some Wood, at St. Francois in that Island, and that Lieut. Marr, having received Information the Prisoner had drawn some Money from the Captains of Militia on the North Shore, the Deponent was sent by him for them, where he saw the Houses marked with scores for Quarters and Magazines as he was informed by the Canadians that he returned, and was sent to St. Francois by Lieutenant Marr with four Men, to take him up, which he did, and Carried him to Town.

Deposition of Captain Jacques Perrault
Jacques Perrault Captain of the Militia of St. Famille in the Island of Orleans being sworn deposes, that the Prisoner came to his Parish, saying he had Orders to see what Houses in his Parish were capable of receiving Men, that he asked him for his Orders, that he said he had none, and must make a Report to the General first, that afterwards he demanded four Dollars of the Deponent and upon his saying he had none, he ordered him to get a canoe with three Men and that he would go straight to Quebec, to complain, that fearing the Consequence he offered him two which he accepted, that he commanded a Canoe to carry him over to the North Shore.

Deposition of Captain Jean Lesarre
Jean Lesarre Captain of the Militia of St. Anns being sworn deposes, that he found on his Return, from Town, the Prisoner at his House, where he had landed from St. Famille, that the Prisoner told him he must shew him the best Houses to Lodge 48 Men, and they must cut and carry to the water Side every Week 48 Cords of Wood, that he, or his Serjeant must go with him to St. Joachim what he made him assemble the whole Parish, nay even ordered the Women to appear, and said he would not Quarter Men in the Houses where there were young Women, that he demanded five Dollars, that the Deponent not having a farthing was obliged to search the whole Parish to borrow three, for which he pretended to give a Receipt, now produced, being a Scrap of paper, with some scratches on it, the Deponent further says the Prisoner was there three Days backwards and forewards in this Parish, and that he appeared to him the whole Time very much in his Senses, in the same manner he does now, and further that he ordered a Canoe to carry him back to St. Famille.

The Deponent being asked upon what pretense the Prisoner demanded the Money, says, he informed him, it was the Generals order he should have five Dollars of each Captain for his Expenses, produced five, or six Papers, which he said were these orders, and threatened to send him to Quebec, if he did not comply.

Deposition of Captain Francis Raneour
Francis Raneour Captain of the Militia of St. Joachim being sworn deposes, he was sent for by the Prisoner to a Publick House, about ¾ of a League from his, that after some Time he told him he must Quarter 48 Men, and some Officers; to the amount of Sixty, and demands four Dollars, which the Deponent protested he could not comply with, after pressing, the Man of the Publick House lent the Man four Dollars, which he gave the Prisoner, who returned him a Shilling, that he did not give a Receipt, but took his name down upon a Piece of Paper.

The Deponent being asked upon what Pretence he demanded the four Dollars, says by the Generals Order, and it would be repaid by his Secretary.

Deposition of Captain Eustache Bacon
Eustache Bacon Captain of the Militia of Chateau Richer being sworn deposes that he was sent for by the Prisoner to a House where he was told to assemble the Company next morning at Six Oclock, that representing this was a little too early he put it till eight o'clock, that he afterwards demanded four dollars of him, by order of the Governor, and after making some Difficulty, he borrowed two French Crowns, and two Dollars, which he gave the Prisoner who returned one Shilling.

The Deponent being asked if the Prisoner appeared at all wrong in the head, answers on the Contrary appeared very Sensible.

Deposition of Corporal Angus McDonald
The Prisoner in his Defence says he was out of his Senses at that Time, that he is subject to the falling Sickness, for which he was marked down by Doctor Russel to be discharged, and that he is generally out of his Senses three Days after he comes out of a Fitt, one of which he had before he left the Island of Orleans.

Deposition of Ensign [John] Gregarson
Ensign Gregarson of the 2d Battalion of the Royal American Regiment being sworn Deposes, that he was in the 78th Regt. and heard that the Prisoner had Fitts, but never heard that he was Mad; being asked if he ever saw him in Fitts, or Mad, says not.

Deposition of Ensign Robert McPherson
Ensign Robert McPherson of said Battalion being sworn, Deposes, that he remembers the Prisoner, in the Regiment in which he was Volunteer, and never heard of his having Fitts, till this day.

Deposition of Serjeant James Robinson
Serjeant James Robinson of the 78th Regiment being Sworn, Deposes, that he heard a Serjeant who kept the Hospital say the Prisoner had the falling Sickness. 

Verdict
The Court having heard and examined the Allegations against the Prisoner, together with what he has to offer in his Defence Is of opinion that Angus McDonald Soldier of the 78th Regiment is Guilty of the Charge brought against him, and doth adjudge him to receive two thousand Lashes, To repay the Captains of Militia the Money said McDonald extorted from them, if there is so much owing to him by his Captain, or be put under Stoppages, not exceeding one half of his Pay till the whole is repaid.

Sentencing confirmation
I do hereby confirm the foregoing Sentence, that Angus McDonald Soldier in the 78th Regiment shall receive two thousand Lashes and repay the Money extorted from the Captains of Militia.

Given under my Hand at
Quebec this 26th Sept. 1761
/Signed/
Ja: Murray

Note: Corporal Angus McDonald does not appear on any known muster rolls after this date and is presumed to have been discharged prior to the official disbandment of his Regiment in December 1763.

Sources: 
General Courts-martial records, Quebec, 25 September 1761, TNA WO 71/71.

Stewart, Sketches of the Highlanders, I, 235-6.

Brumwell, Stephen, Redcoats: The British Soldier and War in the Americas, 1755-1763, pp. 280-1. Cambridge University Press, 2002.

©  Jeffrey Campbell, The 78th Regiment of Foot, 2018.

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Tuesday, December 26, 2017

Lieutenant Alexander Gregorson, 78th Regiment

Lieutenant Alexander Gregorson, of Ardtornish [1730-1789] - s/o James Macgregor & Marjorie Campbell [dau. of Alexander Campbell of Airds] - a gentleman volunteer gazetted an ensign on June 10, 1758 after the death of Lieutenant John Cuthbert created a vacancy. 

Colonel Simon Fraser recommended him for the promotion before the regiment sailed for Halifax and Louisbourg in a letter, 23 April 1758, to Lord Loudoun, describing Mr. Gregorson as "very strongly recommended by Colonel Campbell & to whose friends I am so much indebted that I should take his being provided for as a very great favour." And while the real identity of Colonel Campbell is not known, the introduction of Gregorson as a civilian suggests no earlier military service. The recording of his commission in the British Army Lists advocates his assignment with Colonel Fraser as his first post.

Gregorson, a descendant from Clan Macgregor, and whose kinsman, John, also served in Quebec with the 2nd Battalion of the 60th Royal American Regiment, was listed among the officers who sailed for Louisbourg in 1758; fought at Plains of Abraham on September 13, 1759 where he, along with Ensign McKenzie and Lieutenant Alexander Fraser, was described in the journal kept by Malcolm Fraser as "slightly wounded." Additionally, he sustained injuries at the Battle of Sainte-Foy on April 28, 1760, where he was taken a prisoner and almost killed by Indians, but erroneously documented as "dead" in Governor Murray’s Return of Prisoners of War.

List of Officers Sent in Governor Murray’s Return not Included in the List of English Prisoners returned from Canada, June 14, 1760
Fraser’s: Ens. Alexr. Gregorson: Prisoner on Parole at Quebec. Dead.
                Ens. Malcolm Fraser: Prisoner on Parole at Quebec. Dead.
Otway’s: Capt. Ince: Dead
Lascelle’s: Capt. Archbold: Dead
Amherst’s: Ens. Montgomery: Dead
Lawrence’s: Lt. Forbes mentioned in Govr. Murray’s is Dead.
A contemporary newspaper account from the period captured the death of Captain Ince and the four other officers correctly.

The Pennsylvania Gazette, Philadelphia, Pennsylvania, July 3, 1760
That Captain Ince, of Otway's, and four other Officers, wounded and taken Prisoners the 28th of April, died of their Wounds at Montreal.

The ensign was promoted to lieutenant on April 29, 1760 in room of Lt. Cosmo Gordon, killed.

Alexander's kinsman, John, having knowledge his regiment were to remain and provide the guard to Quebec after the war, joined the 78th in the summer of 1763 in order to return to Europe.  The Highlanders' sailed home in October and "broke" at Glasgow on December 14, 1763, where both men were exchanged to half-pay.

Gregorson returned to active service on January 23, 1788 as a then-58-year-old lieutenant in the Landguard Fort Invalid Company, and was discharged dead the following year.

The Edinburgh Evening Courant, October 16, 1789
INVALIDS. Lieut. Robert Thomas, from  Capt. James Malcolm's Independent Company at Sheerness, to be Lieutenant in Captain William Pemble's Independent Company at Landguard Fort, vice Alexander Gregorson, deceased.

Note: Since the publishing of this post, new evidence has surfaced suggesting John Gregorson transferred from the 78th Regiment to the 2nd Battalion, 60th Royal Americans prior to September 1761.

Sources:
Fraser, Malcolm. Extract from a Manuscript Journal Relating to the Siege of Quebec [Quebec, 1886].

Marie Fraser, “Officers of the 78th Regiment.” Clan Fraser Society, Canada, 2001.

Macgregor, Amelia Georgiana Murray. History of the Clan Gregor: from public records and private collections. Vol. 2 [William Brown, 1901].

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

This article last update 18 October 2021.


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