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.
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.