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.

Unlucky Accident in Connecticut Involving Soldiers of the 78th Regiment of Foot, Dec. 1757

Dr. Sir

       
I have just heard of an unlucky accident that happened today at Stratford, a Sergt. & Corporal of our grenadier Company having quarrel'd (both I'm afraid drunk) the Corporal was killed, the account I have had is very imperfect but from it the deceased seems to have been the Aggressor, how soon I can have it properly enquired into I take the Opportunity of the bearer who is just setting out to beg you will if you think it necessary mention it to My Lord Loudoun for his directions whether the Man should be try'd by civil or Military Law, Or if you don't think it necessary to trouble My Lord with it, Be so good to let me have your Advice how I am to proceed - If You happen not to be in a writing vein Make Maj. Halket write me a few lines by the first Opportunity to, Stratford ----- Examining the quarters, as far as I have got We seem pretty well off.

                                             
                                                                               I am
                                                                               Dr. Sir Your obedient & most

                                                                               humble Servt. S. Fraser

Fairfield Dec. 28th. 1757

Source:

Colonel Simon Fraser, "Letter of Colonel Simon Fraser to Colonel Forbes, Adjutant General, at His House in the Broadway or at the Fort, New York." NAS, GD 45-2-29-1.

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

Private Donald McKinnon, 78th Regiment of Foot

The personal affidavit of Donald McKinnon, 78th Regiment of Foot, 21 March 1800.

City & District of Quebec

Before me Peter Stuart, Esquire, one of His Majesty's Justices of the Peace for the said District, personally appeared Donald McKinnon, formerly a private Soldier in the late Seventy Eighth or Royal Highland Regiment of Foot, who being Duly Sworn upon the Holy Evangelists deposeth and faith, that he was a private Soldier in Captain Alexander Campbell's Company, in the said 78th Regiment, and was discharged therefrom at the general reduction which took place shortly after the conquest of Canada, when he became an Inhabitant of this Province and hath ever since remained therein ~ That he had the Misfortune to be plundered, many years ago when on the coast of Labradore by some Indians, of his Chest & effects and at that time lost his Discharge or certificate from said Regiment. ~ That he is a Married man and has had Twenty Children, ten of whom are living, and that he has never received any part of His Majesty's Bounty in Lands in virtue of the Royal Proclamation of October 1763 either in this or any other of His Majesty's Colonies or Goverments in America - in his own right or in behalf of his wife Angelique, or children by name Joseph, Louis, Lacerte, Etienne, Charles, Angelique, Magdalene, Marguerite, Rose and Elizabeth - And that he the Deponent is about Seventy eight years of Age and is settled in the Parish of Berthier on the South Shore.

Sworn before me at

Quebec this 21st of March 1800

Peter Stuart, J.P.                                                                        

Donald  X  McKinnon

[his mark]

Note: Donald McKinnon appears with Captain Alexander Campbell during the regiment's reduction in Quebec in the summer of 1763, but his name does not appear as one of 170 soldiers discharged in America.' The names Donald McKinven and Donald McKinvan appear on muster rolls as entering the 15th Foot on 25 August 1763 in the companies of Captain Maxwell and Major Irving respectively.

Source:

"Schedule of certificates and discharges of non-commissioned officers and soldiers reduced in America." LAC, Lower Canada Land Papers, RG1 L3L, vol. 157.

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

Private James Forbes, 78th Regiment of Foot

Born in the Nairn, Scotland in 1723, Private James Forbes enlisted in the army in 1757 and served about seven years with the 78th Foot in various campaigns in North America. At the conclusion of the war in the summer of 1763, his name appears in Captain John Nairn's Company on the Subsistence rolls of Fraser's Highlanders, dated 23 August, as having received 21 days subsistence pay, and also on the official roster of 78th Foot: Soldiers Discharged in America. His official discharged date is listed as 10 September 1763, and there is no indication of continued service.

Private Forbes' name is included in a land petition with 22 former soldiers of the 78th Foot, dated 19 May 1765 at Quebec, for lands "at or near the Bay of Gaspe or Chaleurs."

Discharge Certificate

His Majesty's 78th Regiment of foot whereof Simon Fraser is Colonel, 

These are to certify, That the Bearer hereof, James Forbes, Soldier in Captain John Nairns Comp of the aforesaid Regiment, Born in the Parish of Ardclach in or near the Market-Town of ..... in the County of Nairn, Aged 40 years and by Trade a Labourer Hath served honestly and faithfully in the said Regiment Seven years: But by Reason that the Regiment is to be Reduced is hereby Discharged, and humbly recommended as a proper Object of His Majesty's Royal Bounty of CHELSEA HOSPITAL. He having first received all just Demands of Pay, Clothing, &c. from his entry into the said Regiment, to the Date of this Discharge, as appears by his Receipt on the Back hereof.

Given under my Hand, and the Seal of the Regiment at Quebec in Canada this tenth Day of September 1763.

N.B. When a Soldier is discharged, his Wounds and Disorders must be particularly mentioned, when, where, and how they were contracted, and the Surgeon must sign the Certificates as well as the Field Officer.

The Bearer James Forbes being one of the Reduced Soldiers of the 78th Regiment in which he has served faithfully for the space of seven years is Hereby recommended to any of the Kings Governors of North America authorized to grant lands to the reduced Officers & Soldiers for a share therein according to His Majesty's most gracious intentions signified for the Commander in Chief of his Forces in this country.

[signed]

James Abercrombie
Major 78th Regt.

Sources:

"Schedule of certificates and discharges of non-commissioned officers and soldiers reduced in America." LAC, Lower Canada Land Papers, RG1 L3L, vol. 157. #77081-71.

Treasury Board Papers, "An Account of His Majesty's Royal Bounty of Fourteen Days Subsistence, also the Sword Money paid the following Men of the 78th Regiment Discharged in America." LAC, Series RG4, C2, vol. 1, Microfilm 10462.

Treasury Board Papers, "Subsistence Rolls of Fraser's Highlanders (the 78th), 1763." LAC, T.1, vol. 422.

"Land Petitions of Lower Canada, 1764-1841." Library Archives Canada. http://www.bac-lac.gc.ca [Oct. 2015].

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