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.
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