General Court Martial of John Brooks and John Kavanaugh
[Extract of the General Court Martial whereof Lieut. Colonel BUTLER was President, held at New York commencing November 6, 1777.]
Monday Morning ten o'Clock.
The Court being met according to Adjournment, proceeded to the trial of Prisoner John BROOKS Soldier in the Orange Rangers brought before the Court, charged with Deserting to the Rebels.
One o'Clock, The Court adjourned till ten o'Clock tomorrow morning for want of Evidences to Prosecute, and the Court being met according to Adjournment proceeded to the trial of John BROOKS and John KAVANAUGH, Soldiers in the Orange Rangers brought before the Court charged with Deserting to the Rebels.
Evidence Captain Samuel BAYARD of the Orange Rangers, being duly Sworn, deposeth, that to the best of his recollection on the 9th of August last, the Corporal of the Barrack Guard at Paulers Hook informed him that the Prisoners John BROOKS and John KAVANAUGH had deserted from that Post between the hours of twelve and one o'Clock at Night, and had gone off with their Arms to the Rebels, that about a quarter of an hour after the Centry of the Picquet fired at them, but they got off, and in the course of three or four days after they were taken up on Staten Island by an Officer of Colonel BUSKIRK's Corps.
Evidence Nicholas TIBOU Corporal in the Orange Rangers being duly Sworn, deposeth, that some time in August last he posted the Prisoners Centries after the 9 o'Clock Gun fired & when he went with the Relief at Eleven o'Clock the Prisoners were gone from their Post. That he reported it to the Major of the Regiment who ordered him to acquaint the Picquet of it, that they might stop them, but they had deserted.
The Prisoners being put upon their Defence, say that they quitted their Post together in Order to get some apples, that they fell into a Creek and lost their Arms, and the next morning gave themselves up to Major TIMPENNY at Staten Island Island [sic] and deny having any intention of deserting to the Rebels and further say they ventured their Lives to come in from the Rebels to serve His Majesty.
It is the opinion of the Court that the Prisoners John BROOKS & John KAVENAGH are Guilty of the Crime laid of Desertion, but not of Deserting to the Rebels, Being a breach of the 1st Article of the 6th Section of the Articles of War, therfore Sentence each of them to receive Five Hundred Lashes in the usual manner.
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